Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Burkina Faso (Ratification: 2001)

Other comments on C182

Observation

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Article 3(a) and 7(1) of the Convention. Sale and trafficking of children and penalties. In its previous comments, the Committee noted the considerable extent of internal and cross-border trafficking of children for the labour exploitation. While noting the figures provided by the Government on the number of convictions and sanctions imposed by the courts in this regard, the Committee observed that the number of prosecutions and convictions remain low in light of the high number of presumed child victims of trafficking (1,099 in 2015). The Committee therefore encouraged the Government to step up its efforts to ensure that the criminal law concerned, Act No. 029 2008/AN of 15 May 2008 on combating the trafficking in persons and similar practices, are effectively implemented and that the capacities of the enforcement bodies are strengthened.

The Committee notes the statistics provided by the Government in its report, according to which ten new cases were filed with the courts of the first instance in 2018, four in 2019 and four in 2020. There were six prosecutions in 2018 and five in 2019. Only five convictions were handed down in 2019. However, the 2018 national report on the trafficking of persons in Burkina Faso states that 1,047 presumed victims of trafficking were intercepted, of which 962 were children under 18 years of age. Moreover, in its report, the Government indicates that thanks to action by the National Committee for Vigilance and Surveillance (CNVS), 2,303 child victims of trafficking were intercepted in 2019 (of which 172 were trafficked for the purpose of sexual exploitation and 2,131 for labour exploitation). While noting the efforts made to intercept child victims of trafficking, the committee observes with concern that the number of cases, prosecutions and convictions remains low when compared with the number of presumed child victims of trafficking. Recalling that the established sanctions are only effective if they are actually applied, the Committee urges the Government to take the necessary measures without delay to ensure that thorough investigations and prosecutions are carried out of persons who violate the provisions related to the sale and trafficking of children and that effective and dissuasive sanctions are imposed on them in application of Act No. 029 2008/AN of 15 May 2008 on combating the trafficking in persons and similar practices. In this regard it again urges the Government to take the necessary steps to strengthen the capacities of law enforcement bodies to combat the sale and trafficking of children under 18 years of age, including by means of training and adequate resources. The Committee requests the Government to continue providing concrete information on the application of the provisions related to the worst forms of child labour, especially by providing statistics on the number of convictions and penal sanctions imposed.

Article 6. Plan of action and application of the Convention in practice. Sale and trafficking of children. The Committee previously noted with regret that the drafting of the National Action Plan to Combat Trafficking and Sexual Violence against Children in Burkina Faso (PAN-LTVS), which sets out clear strategies for combating the trafficking and sexual exploitation of children, and the implementation of a national study for evaluating action against trafficking in children remained unchanged.

The Committee again notes with regret that the PAN-LTVS and the national study for evaluating action against trafficking in children remain unfinished. The Government indicates that a national study on violence against children in Burkina Faso was validated in 2018, and that a national action plan on violence against children, 2021–23, was adopted in September 2020. The Committee notes, however, that this action plan does not address the specific issues related to the scourge of sale and trafficking of children. The Committee further notes, according to the 2018 national report on the trafficking of persons in Burkina Faso, published in 2020, that the Government encountered difficulties in combating the trafficking of persons and children, including the non-functioning of the CNVS, the situation of insecurity in the country and insufficient resources. The Committee recalls that under Article 6 of the Convention, the Government shall design and implement programmes of action to eliminate as a priority the worst forms of child labour, including the sale and trafficking of children for the purposes of their sexual or commercial exploitation, and that this is made more important still by the prevalence of the problem in the country and the difficulties encountered by the Government in combating the problem. The Committee therefore again urges the Government to take the necessary steps to ensure that the national study for evaluating action against trafficking in children is conducted and the PAN/LTVS is drafted and adopted as soon as possible, and requests it to provide information on progress made in this respect.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and providing direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. 1. Sale and trafficking of children. Further to its previous comments, the Committee notes the detailed information provided by the Government regarding measures taken to prevent children from becoming victims of trafficking for the purposes of sexual exploitation or labour exploitation and to remove child victims for rehabilitation and social integration, as well as the results achieved. In particular, the Government indicates that 685 vulnerable children have been fostered, 10,890 persons were made aware of the issue of trafficking, displacement and the worst forms of child labour and that 29,337 vulnerable children had been enrolled or re-enrolled in school.

The Committee further notes the Government’s indication that Burkina Faso has, since 2018, implemented the subregional project to assist and protect children on the move (DFID), with the assistance of UNICEF. The results achieved include the following: (i) 9,894 displaced children or other vulnerable children have received high-quality protection; (ii) 2,871 children and youths have benefited from psychosocial care; (iii) 3,769 displaced children, including 769 migrant children in transit, 547 returning children and 349 internally displaced children have received support through 13 regional directorates of social action; (iv) 803 displaced children have benefited from sustainable reintegration, 4,319 children have been issued birth certificates; and (v) 1,083 multisectoral actors (frontier officers responsible for security, social, education and health officers) have received training on child mobility, case management, and the child protection information management system (CPIMS+). The Committee strongly encourages the Government to pursue its efforts to prevent children under 18 years of age from becoming victims of trafficking for economic or sexual exploitation and to remove child victims of sale and trafficking and ensure their rehabilitation and social integration. It requests the Government to continue providing information on the measures taken in this respect and on the results achieved.

2. Children working in small-scale gold mines and quarries. In its previous comments, the Committee noted that around one third of the population at the 86 small-scale gold mines were children, making a total of 19,881 children, of whom 51.5 per cent were boys and 48.6 per cent were girls, used in all forms of mining operations, such as work in mine galleries, dynamiting of rocks, rock breaking, crushing and sieving, selling water and hauling minerals to sheds. The Committee urged the Government to take time-bound measures to remove children from the worst forms of labour in small-scale gold mines and ensure their rehabilitation and social integration.

The Committee notes the information provided by the Government according to which several measures have been taken to remove children from the worst forms of child labour. These include: monitoring and visits to the gold mining sites by the monitoring services accompanied by the security forces; information and awareness-raising activities on the gold mining sites; the development of income-generating activities to assist the families of children removed from gold mining sites; and socio-occupational integration for children removed from work in gold mines. The Committee also notes that according to the information available on the UNICEF website, around 3,000 children are removed from small-scale gold mines each year and re-enrolled in school or in occupational training. The Committee strongly encourages the Government to pursue its efforts, with UNICEF or otherwise, to remove children from the worst forms of child labour in small-scale gold mines and quarries, and ensure their rehabilitation and social integration. The Committee requests the Government to provide information on progress made and results achieved in this regard.

Article 8. International cooperation and assistance. Regional cooperation regarding the sale and trafficking of children. Further to its previous comments, the Committee notes with interest the information from the Government according to which the tripartite cooperation agreement with Togo and Benin was signed on 23 December 2019. The objectives of this agreement are to: (i) prevent and repress child trafficking through effective cooperation between the three States; (ii) protect, rehabilitate, reintegrate and reinsert displaced children or victims of cross-border trafficking in a protective environment; (iii) cooperate in the investigation, arrest, prosecution and extradition of the guilty through the competent authorities in each State; and (iv) establish systems to protect and accompany these children. A permanent monitoring committee has been established to follow up and evaluate action carried out in the framework of this agreement. In addition, the Government indicates that an agreement to protect displaced children was signed on 31 July 2019 in the framework of the existing friendship and cooperation treaty between Burkina Faso and Côte d’Ivoire. In view of the importance of cross-border trafficking in the country, the Committee requests the Government to provide information on the implementation of the cooperation agreement signed with Togo and Benin, as well as the agreement signed with Côte d’Ivoire, as well as the funds allocated to such agreements. Please also provide information on the results achieved in terms of interception of child victims of sale or trafficking, as well as their rehabilitation, social reintegration and repatriation.

The Committee is raising other matters in a request addressed directly to the Government.