In 2020, Gabon made minimal advancement in efforts to eliminate the worst forms of child labor. In November, the Ministry of Justice, in coordination with UNICEF, began operating a hotline to alert authorities to possible child abuse cases, including instances of child labor. However, despite new initiatives to address child labor, Gabon is receiving an assessment of minimal advancement because it continued to implement a practice that delayed advancement to eliminate child labor. The government failed to provide evidence it conducted worksite inspections during the reporting period. Labor inspections are a key tool for identifying child labor violations, and their absence makes children more vulnerable to the worst forms of child labor. Children in Gabon are subjected to the worst forms of child labor, including in commercial sexual exploitation, sometimes as a result of human trafficking. Children also engage in child labor in domestic work. Gabonese law regarding minimum age for work provisions only applies to children in formal employment relationships, which does not conform to international standards that require all children to be protected by the minimum age for work. In addition, labor inspectors do not have the authority to assess penalties, and they lack the basic resources necessary to conduct investigations.
Children in Gabon are subjected to the worst forms of child labor, including in commercial sexual exploitation, sometimes as a result of human trafficking. Children also engage in child labor in domestic work. (1-7) Table 1 provides key indicators on children’s work and education in Gabon. Data on some of these indicators are not available from the sources used in this report.
Children |
Age |
Percent |
---|---|---|
Working (% and population) |
5 to 14 |
22.3 (83,073) |
Attending School (%) |
5 to 14 |
94.4 |
Combining Work and School (%) |
7 to 14 |
23.3 |
Primary Completion Rate (%) |
Unavailable |
Primary completion rate was unavailable from UNESCO Institute for Statistics, 2021. (8)
Source for all other data: International Labor Organization’s analysis of statistics from Deuxième Enquête Démographique et de Santé au Gabon (EDSG-II), 2012. (9)
Based on a review of available information, Table 2 provides an overview of children's work by sector and activity.
Sector/Industry |
Activity |
---|---|
Agriculture |
Fishing, including the production and sale of smoked fish (10,11) |
Industry |
Working in sand quarries† (1-3,11) |
Working in brick factories (10,11) |
|
Services |
Domestic work (4-7,10,11) |
Street vending, including windshield cleaning, cleaning market spaces at night, and carrying heavy loads† (1,7,10) |
|
Garbage scavenging (10,11) |
|
Working in restaurants (2,3) |
|
Working in transportation† and as mechanics (3,10,11) |
|
Categorical Worst Forms of Child Labor‡ |
Forced labor in markets, restaurants, handicraft shops, sand quarries, farming, animal husbandry, fishing, domestic work, and as mechanics, each sometimes as a result of human trafficking (1,5,11,12) |
Commercial sexual exploitation, sometimes as a result of human trafficking (6,7,11,13,14) |
† Determined by national law or regulation as hazardous and, as such, relevant to Article 3(d) of ILO C. 182.
‡ Child labor understood as the worst forms of child labor per se under Article 3(a)–(c) of ILO C. 182.
Gabon is primarily a destination and transit country for victims of child trafficking from other countries in Central and West Africa. (10,11,15,16) Some parents entrust their children to intermediaries who promise education and safe work opportunities; instead, these children are sometimes subjected to child trafficking for labor exploitation. (15,16) There are reports that child victims of forced labor mainly work in the informal sector as street vendors, often selling beauty products and fruits. Boys often work in fishing, microbus transportation, mechanics shops, and cleaning market spaces after they have closed. Reports also indicate that West African traffickers reportedly exploit children from their countries of origin to work in Libreville markets and in other urban centers, including Port-Gentil. (10,11,14,17)
Although the Law on General Education guarantees the right to free and compulsory education, in practice, students must pay for supplies and school fees, which may be prohibitive. (11,18) Rural areas lack schools and teachers, and education beyond primary school is often unavailable. (1,11,19,20) Research suggests that some children, especially girls, are sexually abused at school. (2,21) In addition, children living in remote areas may not receive birth certificates, which are often required for school enrollment, and children who do not attend school are more vulnerable to child labor. (1,2,11)
Gabon has ratified all key international conventions concerning child labor (Table 3).
Convention |
Ratification |
---|---|
ILO C. 138, Minimum Age |
✓ |
ILO C. 182, Worst Forms of Child Labor |
✓ |
UN CRC |
✓ |
UN CRC Optional Protocol on Armed Conflict |
✓ |
UN CRC Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography |
✓ |
Palermo Protocol on Trafficking in Persons |
✓ |
The government has established laws and regulations related to child labor (Table 4). However, gaps exist in Gabon's legal framework to adequately protect children from the worst forms of child labor, including the minimum age for work.
Standard |
Meets International Standards |
Age |
Legislation |
---|---|---|---|
Minimum Age for Work |
No |
16 |
Article 177 of the Labor Code; Article 2 of the Decree on Establishing Individual Exceptions to the Minimum Age for Admission to Employment (22-24) |
Minimum Age for Hazardous Work |
Yes |
18 |
Article 1 of the Hazardous Work List (22,23,25) |
Identification of Hazardous Occupations or Activities Prohibited for Children |
Yes |
Articles 2, 3, and 5 of the Hazardous Work List (22,23,25) |
|
Prohibition of Forced Labor |
Yes |
Article 4 of the Labor Code; Articles 3, 11–13, and 20 of Law N° 09/04 Preventing and Fighting Against Child Trafficking (22,26) |
|
Prohibition of Child Trafficking |
Yes |
Articles 3, 11–14, and 20 of Law N° 09/04 Preventing and Fighting Against Child Trafficking; Article 278 bis of the Penal Code; Articles 225 to 225-7 of Gabon's 2020 Revised Penal Code (26,27) |
|
Prohibition of Commercial Sexual Exploitation of Children |
Yes |
Articles 260, 261, and 263 of the Penal Code; Articles 225 to 225-7 and Articles 281-3 to 281-5 of Gabon's 2020 Revised Penal Code (27, 28) |
|
Prohibition of Using Children in Illicit Activities |
Yes |
Article 281-1 of Gabon's 2020 Revised Penal Code (27) | |
Minimum Age for Voluntary State Military Recruitment |
Yes |
18 |
Article 17 of the Law on the Organization of National Defense and Public Security (29) |
Prohibition of Compulsory Recruitment of Children by (State) Military |
Yes* |
Article 17 of the Law on the Organization of National Defense and Public Security (29) |
|
Prohibition of Military Recruitment by Non-state Armed Groups |
No |
||
Compulsory Education Age |
Yes |
16 |
Article 1 of the Constitution; Article 2 of Act N° 21/2011 on General Education; Article 344.8 of the Penal Code (18,27,30) |
Free Public Education |
Yes |
Articles 1.18 and 1.19 of the Constitution; Article 2 of Act N° 21/2011 on General Education (18,30) |
* No conscription (31)
Although the Labor Code prohibits work by children under age 16, the minimum age protections do not apply to children outside of formal work relationships, which does not conform to international standards that require all children be protected under the law. (3,22)
Article 2 of Decree N° 0651/PR/MTEPS Establishing Individual Exceptions to the Minimum Age for Admission to Employment permits children under age 16 to perform light work with parental permission. However, it does not set a minimum age, determine the activities in which light work may be permitted, prescribe the number of hours per week for light work, or specify the conditions in which light work may be undertaken. (24)
Articles 225 to 225-7 of the revised 2020 Penal Code prohibits the recruitment, transportation, transfer, harboring, and receipt of persons for the purposes of exploitation, and imposes stricter penalties for trafficking in children. In addition, Gabon’s revised Penal Code now prohibits the use, procuring, and offering of children for prostitution, the production of pornography, and pornographic performances. (27)
The government has established institutional mechanisms for the enforcement of laws and regulations on child labor (Table 5). However, gaps exist within the operations of enforcement agencies that may hinder adequate enforcement of their child labor laws.
Organization/Agency |
Role |
---|---|
Ministry of Employment, Public Function, Labor and Professional Training |
Receives, investigates, and addresses child labor complaints through its inspectors. (19) Refers cases of child trafficking to the Ministry of the Interior's Police Force for investigation and the Ministry of Health, Social Protection and National Solidarity (MSPNS) for social services. (1) |
Ministry of the Interior's Police Force |
Enforces laws, investigates child labor violations, and refers cases to the Ministry of Justice for prosecution. (10,19) The Ministry of Interior through the police refers cases of child labor to the MSPNS. The shelters for referred children are run by or work in close coordination with MSPNS. (1,15) |
Ministry of Justice |
Enforces child labor laws by prosecuting child labor cases. Assists in supporting victims of child trafficking while prosecutors and investigators prepare their cases. (1) |
Labor Law Enforcement
In 2020, the absence of worksite inspections conducted at the national level in Gabon may have impeded the enforcement of child labor laws. (Table 6)
Overview of Labor Law Enforcement |
2019 |
2020 |
---|---|---|
Labor Inspectorate Funding |
Unknown (10) |
Unknown (11) |
Number of Labor Inspectors |
Unknown (10) |
Unknown (11) |
Inspectorate Authorized to Assess Penalties |
No (22) |
No (11) |
Initial Training for New Labor Inspectors |
No (10) |
No (11) |
Training on New Laws Related to Child Labor |
N/A (10) |
N/A (11) |
Refresher Courses Provided |
Yes (10) |
No (11) |
Number of Labor Inspections Conducted |
0 (10) |
0 (11) |
Number Conducted at Worksite |
N/A (10) |
N/A (11) |
Number of Child Labor Violations Found |
0 (10) |
0 (11) |
Number of Child Labor Violations for Which Penalties Were Imposed |
N/A (10) |
N/A (11) |
Number of Child Labor Penalties Imposed that Were Collected |
N/A (10) |
N/A (11) |
Routine Inspections Conducted |
Yes (10) |
N/A (11) |
Routine Inspections Targeted |
Unknown (10) |
Unknown (11) |
Unannounced Inspections Permitted |
Yes (22) |
Yes (22) |
Unannounced Inspections Conducted |
Unknown (10) |
No (11) |
Complaint Mechanism Exists |
Yes (10) |
Yes (11) |
Reciprocal Referral Mechanism Exists Between Labor Authorities and Social Services |
Yes (10) |
Yes (11) |
In January 2020, officials collaborated with an international organization to train approximately 70 law enforcement, social welfare, and civil society actors on victim-centered trafficking investigations. (14)
While the government did not provide information on labor inspectorate funding or the number of labor inspectors, research indicates inadequate resources, including an insufficient number of inspectors, may hamper the labor inspectorate's capacity to adequately conduct inspections and enforce labor laws throughout the country. (3,10,11,14,19) In addition, labor inspectors in Gabon are responsible for reconciling labor disputes, which may detract from their primary duty of inspection. (32)
Although inspectors have the authority to propose penalties to the court in accordance with legal guidelines, they do not have the authority to impose penalties since this is the purview of the court. (10)
Criminal Law Enforcement
In 2020, criminal law enforcement agencies in Gabon took actions to combat child labor (Table 7). However, gaps exist within the operations of the criminal enforcement agencies that may hinder adequate criminal law enforcement, including insufficient financial resources.
Overview of Criminal Law Enforcement |
2019 |
2020 |
---|---|---|
Initial Training for New Criminal Investigators |
No (10) |
No (11) |
Training on New Laws Related to the Worst Forms of Child Labor |
N/A (10) |
N/A (11) |
Refresher Courses Provided |
Unknown (10) |
N/A (11) |
Number of Investigations |
1 (10) |
Unknown (11) |
Number of Violations Found |
28 (10) |
Unknown (11) |
Number of Prosecutions Initiated |
3 (10) |
20 (17) |
Number of Convictions |
2 (10) |
2 (17) |
Imposed Penalties for Violations Related to the Worst Forms of Child Labor |
Yes (10) |
Unknown (11) |
Reciprocal Referral Mechanism Exists Between Criminal Authorities and Social Services |
Yes (10) |
Yes (11) |
In November 2020, the Ministry of Justice, in coordination with UNICEF, started operating a hotline, the Supermwana line, to alert authorities to possible child abuse cases; these cases include instances of child labor. In addition, the government removed 80 children from exploitative settings and provided social services to all of them. (11)
In 2020, 16 people were arrested for forced labor or sex trafficking; they have been jailed while awaiting prosecution at the next special criminal session. (17) One of these investigations involved a Togolese woman exploiting children and adults which ended with her arrest. The other investigation involved a 15-year-old girl who had been trafficked from Togo. (11)
Authorities reported 20 cases for prosecution during the year, according to the Ministry of Justice. UNICEF stated the government prosecuted 18 Beninese and Togolese traffickers in 2019. Research found that Gabonese authorities do not have a consistent mechanism to report human trafficking statistics to Post. (14)
Despite these efforts, research has shown that a lack of resources, insufficient training, infrequent convening of the Criminal Court, a backlog of cases, and weak coordination among enforcement agencies hampered criminal enforcement efforts. In addition, evidence indicates that some child trafficking perpetrators falsified documents to make victims appear older than age 18 to avoid punishment under Gabon's child trafficking laws. (7,11,15)
The government has established mechanisms to coordinate its efforts to address child labor (Table 8). However, gaps exist that hinder the effective coordination of efforts to address child labor, including efficacy in accomplishing mandates.
Coordinating Body |
Role & Description |
---|---|
Inter-ministerial Committee for the Fight Against Child Trafficking (CNSLTE) |
Led by the Ministry of Labor, includes representatives from four other ministries and civil society. (1,19) Removes children from exploitative labor situations, provides social services, and repatriates victims when appropriate. (15,19) Disseminates the National Manual of Procedures for the Care of Child Victims of Trafficking, which establishes a series of procedures to return victims of child trafficking to their country of origin or facilitate their integration into Gabon. (33) Due to changes in the penal code, the CNSLTE became inactive during the reporting period. (10) |
Ministry of Justice and Ministry of Interior |
Coordinate national efforts against child trafficking and other worst forms of child labor. (1,19) |
National Observatory for Children’s Rights |
Coordinates the implementation of the UN CRC, including the promotion of children’s right to education and protection against all forms of exploitation and abuse. Establishes and oversees committees to protect children’s rights in all provinces. (34) |
Local Vigilance Committees |
Administered by CNSLTE and located in provincial capitals, identify potential cases of child trafficking, intercept victims, and assist children at risk of child trafficking. (35) |
Ministry of Health, Social Protection and National Solidarity (MSPNS) |
Provides social services and assistance to vulnerable children, assists in repatriation or resettlement processes for victims of child trafficking, and operates shelters for victims of child trafficking. (1,15) MSPNS can also refer cases to the Ministry of Justice, which may pursue criminal charges. (10,15) |
Due to changes in the penal code criminalizing all forms of human trafficking, the Inter-Ministerial Committee for the Fight Against Child Trafficking became inactive pending corresponding changes to the 2004 law on child trafficking. Instead, the Ministries of Justice and Interior were charged with coordinating action against the worst forms of child labor, including child trafficking. (10)
Research also indicates that the other coordinating committees lacked sufficient funding and members sometimes used their personal funds to support human trafficking victims. (1,11,33) All coordination committees were inactive during the reporting period. (11)
Research found no evidence that the government has established policies to address child labor.
The government has not included child labor elimination and prevention strategies in the United Nations Development Assistance Framework (UNDAF) (2018–2022) or the Education Policy (2010–2020). (5,38,39)
In 2020, the government funded and participated in programs that may contribute to preventing child labor (Table 9). However, gaps exist in these social programs, including the adequacy of programs to address the full scope of the problem.
Program |
Description |
---|---|
Shelters for Children in Need |
Shelters provide social services to victims of child labor and child trafficking. The government provided in-kind support to shelters run by civil society organizations. (1,5,15,40) Victims received medical care, literacy training, and reintegration support. (1) In 2020, provided services to 80 children who were rescued from exploitative settings. (11) |
‡ The government had other social programs that may have included the goal of eliminating or preventing child labor. (33)
Although Gabon has programs that target child labor, the scope of these programs is insufficient to fully address the extent of the problem. (1,11) Research also indicates that shelter space is insufficient to accommodate all victims of human trafficking and other vulnerable children due to the government repeatedly decreasing funding for shelters and NGOs in previous years. (1,5,11,13,15,35)
Based on the reporting above, suggested actions are identified that would advance the elimination of child labor in Gabon (Table 11).
Area |
Suggested Action |
Year(s) Suggested |
---|---|---|
Legal Framework |
Ensure that minimum age protections are extended to children working outside of formal employment relationships. |
2017 – 2020 |
Establish criminal prohibitions for the recruitment of children under age 18 for use in armed conflict by non-state armed groups. |
2016 – 2020 |
|
Ensure that the legal framework for light work establishes a minimum age no younger than age 13, determines activities that are considered light work, and specifies the conditions under which light work may be undertaken. |
2013 – 2020 |
|
Enforcement |
Publish information on the funding level for the labor inspectorate and number of labor inspectors, and ensure both inspectors and investigators receive adequate funding, training, and resources to carry out inspections and investigations. |
2009 – 2020 |
Strengthen the labor inspectorate by having inspectors to assess penalties and conduct routine and unannounced inspections, including in the informal sector. |
2014 – 2020 |
|
Ensure that labor inspectors are not tasked with conciliation or arbitration duties, and that they can carry out their primary duties of inspection and monitoring throughout the country. |
2009 – 2020 |
|
Ensure that the government conducts an adequate number of labor inspections and criminal investigations. |
2018 – 2020 |
|
Coordination |
Ensure that coordinating bodies are sufficiently funded to carry out their mandates, remain active, and report on their activities. |
2013 – 2020 |
Government Policies |
Adopt a policy that addresses all relevant forms of child labor, including in activities such as domestic work and work in transportation. |
2015 – 2020 |
Integrate child labor elimination and prevention strategies into existing relevant policies. |
2014 – 2020 |
|
Social Programs |
Collect and publish data on the extent and nature of child labor to inform policies and programs. |
2014 – 2020 |
Ensure that children have access to education by eliminating school fees, increasing the number of teachers and schools in rural areas, and ensuring that schools are free from sexual abuse; and make efforts to provide all children with birth registration. |
2010 – 2020 |
|
Expand existing programs to address the scope of the child labor problem and ensure that the government continues to provide adequate support to victims of child labor, including sufficient shelter space for victims. |
2010 – 2020 |
- U.S. Embassy- Libreville. Reporting. January 14, 2019.
- UN Committee on the Rights of the Child. Concluding observations on the second periodic report of Gabon. Geneva, July 8, 2016: CRC/C/GAB/CO/2. http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CRC/C/GAB/CO/2&Lang=En
- ILO Committee of Experts. Individual Observation concerning Minimum Age Convention, 1973 (No. 138) Gabon (ratification: 2010). Published: 2017. http://www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID:3286367
- ILO-IPEC. Atelier de restitution des résultats des analyses de la situation des enfants travailleurs domestiques au Gabon et pour l’adoption d’un document cadre sur la réponse institutionnelle et législative en vue de leur protection: Rapport Général. Libreville, March 24–26, 2015. Source on file.
- ILO Committee of Experts. Individual Direct Request concerning Worst Forms of Child Labour Convention, 1999 (No. 182) Gabon (ratification: 2001). Published: 2017. http://www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID:3286371
- Par Liberte Togo Grand reportage/Gabon: Le paradis «cauchemardesque» pour certains Togolais. March 16, 2017. http://www.27avril.com/blog/diaspora/grand-reportage-gabon-paradis-cauchemardesque-certains-togolais
- Agence France-Presse. Gabon struggles to stem tide of child trafficking. July 4, 2018. https://www.timeslive.co.za/news/africa/2018-07-04-gabon-struggles-to-stem-tide-of-child-trafficking/
- UNESCO Institute for Statistics. Gross intake ratio to the last grade of primary education, both sexes (%). Accessed March 2021. For more information, please see "Children's Work and Education Statistics: Sources and Definitions" in the Reference Materials section of this report. http://data.uis.unesco.org/
- ILO. Analysis of Child Economic Activity and School Attendance Statistics from National Household or Child Labor Surveys. Original data from Deuxième Enquête Démographique et de Santé au Gabon (EDSG-II), 2012. Analysis received March 2020. For more information, please see "Children's Work and Education Statistics: Sources and Definitions" in the Reference Materials section of this report.
- U.S. Embassy- Libreville. Reporting. January 17, 2020.
- U.S. Embassy- Libreville. Reporting. February 4, 2021.
- ILO Committee of Experts. Individual Observation concerning Worst Forms of Child Labour Convention, 1999 (No. 182) Gabon (ratification: 2001). Published: 2017. http://www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID:3286374
- UN Committee on the Rights of the Child. Concluding observations on the report submitted by Gabon under article 12(1) of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography. Geneva, July 14, 2016: CRC/C/OPSC/GAB/CO/1. http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CRC/C/OPSC/GAB/CO/1&Lang=En
- U.S. Department of State. Trafficking in Persons Report- 2020: Gabon. Washington, DC, June 16, 2020. https://www.state.gov/reports/2020-trafficking-in-persons-report/gabon/
- U.S. Department of State. Trafficking in Persons Report- 2018: Gabon. Washington, DC, June 28, 2018. https://www.state.gov/reports/2018-trafficking-in-persons-report/gabon/
- The Coca-Cola Company. Review of Child Labour, Forced Labour and Land Rights in the Gabon Sugarcane Supply Chain. 2017. https://www.coca-colacompany.com/content/dam/journey/us/en/private/2017/03/sugar-study-gabon.pdf
- U.S. Embassy- Libreville. Reporting. February 19, 2021.
- Government of the Gabonese Republic. Loi portant orientation générale de l’éducation, de la formation et de la recherche, Loi N° 21/2011. Enacted: February 11, 2012. http://www.axl.cefan.ulaval.ca/afrique/gabon-loi-2011.htm
- U.S. Department of State. Country Reports on Human Rights Practices- 2018: Gabon. Washington, DC, March 13, 2019. https://www.state.gov/reports/2018-country-reports-on-human-rights-practices/gabon/
- Government of the Gabonese Republic. Rapport d'évaluation de l'éducation pour tous au Gabon, à l'orée de l'année 2015 Paris, 2015. http://unesdoc.unesco.org/images/0023/002310/231078f.pdf
- UN Committee on the Elimination of Discrimination Against Women. Concluding observations on the sixth periodic report of Gabon. Geneva, March 11, 2015: CEDAW/C/GAB/CO/6. https://undocs.org/en/CEDAW/C/GAB/CO/6
- Government of the Gabonese Republic. Code du Travail, Loi N° 3/94. Enacted: November 21, 1994. http://www.ilo.org/dyn/natlex/docs/WEBTEXT/39615/64948/F94GAB01.htm
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- Government of the Gabonese Republic. Décret fixant les dérogations individuelles à l'âge minimum d'admission à l'emploi en République Gabonaise, Décret N° 0651/PR/MTEPS. Enacted: April 13, 2011. http://faolex.fao.org/docs/pdf/gab107288.pdf
- Government of the Gabonese Republic. Décret n°0023/PR/MEEDD du 16 2013, fixant la nature des pires formes de travail et les catégories d'entreprises interdites aux enfants de moins de 18 ans. Enacted: January 16, 2013. http://www.sgg.gouv.ga/820-0023-pr-meedd/
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- Government of the Gabonese Republic. Special Code Penal, Loi n°006/2020 Enacted: June 30, 2020. Source on file.
- Government of the Gabonese Republic. Penal Code, Loi N° 21/63. Enacted: May 31, 1963. Source on file.
- Government of the Gabonese Republic. Portant Organisation Générale de la Défense Nationale et de la Sécurité Publique, Loi N° 004/98. Enacted: February 20, 1998. http://www.defense-nationale.gouv.ga/textes-de-base/loi-n00498
- Government of the Gabonese Republic. Constitution de la République du Gabon. Enacted: 1991. http://www.ilo.org/dyn/natlex/natlex4.detail?p_lang=en&p_isn=34815&p_country=GAB&p_count=182&p_classification=01.01&p_classcount=5
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- Government of the Gabonese Republic. Décret fixant les conditions des contrôles, enquêtes et perquisitions relatives à la prévention et à la lutte contre le trafic des enfants en République Gabonaise, Décret N° 24/PR/MTE. Enacted: January 6, 2005. Source on file.