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

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

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 3 of the Convention. Worst forms of child labour. The Committee noted the adoption of Act No. 028-2008/AN of 13 May 2008 issuing the Labour Code of Burkina Faso (the Labour Code of 2008) which repealed the Labour Code of 2004. It noted that section 153 of the Labour Code of 2008 prohibits the worst forms of child labour, which are defined in conformity with this provision of the Convention.

Clause 3(d). Hazardous work. Children working on their own account. In its previous comments, the Committee noted that, according to the Government, there is no point in regulating matters relating to children who work on their own account since these persons come under the informal economy and hence are still liable to controls by the labour inspectorate, which carries out general monitoring of conditions of work. The Committee noted that the Labour Code of 2008 applies to employment relationships. However, it noted the information provided by the Government in its report provided under Convention No. 138 that, as soon as there are sufficient human resources to cover all economic activity sectors, it will envisage the possibility of allocating particular competencies to labour inspectors to eliminate child labour in the informal economy, in particular where they are working on their own account. The Committee expresses the hope that the Government will be able, in the near future, to take measures to increase the number of labour inspectors and guarantee the protection provided for by the Convention to children who are working in the informal economy or on their own account. It requests the Government to provide information in this regard.

Article 4(1). Determination of types of hazardous work. Referring to its previous comments, the Committee noted that, under section 153(1) and (2)(4) of the Labour Code of 2008, work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children is regarded as one of the worst forms of child labour and is prohibited. The list of these types of work is determined by a decree issued by the Council of Ministers after consultation with the most representative organizations of workers and employers in the occupational branch and following the opinion of the National Technical Advisory Committee on Occupational Safety and Health. The Committee also noted the information provided by the Government that the Ministry of Labour and Social Security has sponsored a study in 2008 to assess the situation with regard to hazardous work and propose draft legislation prohibiting the carrying out of these types of work by children. A workshop to validate the study will be organized and employers’ and workers’ organizations and the main actors involved in combating child labour and its worst forms will participate. The Committee expresses the firm hope that the workshop to validate the study on hazardous work will be organized as soon as possible and that the draft legislation prohibiting the carrying out of these types of work by children under 18 years of age and determining these types of work will be drawn up in the near future. It requests the Government to provide information on any progress made in this regard.

Article 6. Programmes of action. The Committee previously asked the Government to provide information on the operation of the Department for Combating Child Labour and its worst forms. In this regard, the Government indicated that this Department was created mainly to devise and follow through the implementation of the national policy on combating child labour and its worst forms and participate in discussion bodies on child labour and its worst forms. The Government indicated that a national policy has not yet been devised. The Committee expresses the hope that the Department for combating child labour and its worst forms will be able, in the near future, to devise a national policy on combating child labour and its worst forms and requests the Government to provide a copy as soon as it has been drawn up.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. In its previous comments, the Committee noted the high illiteracy rate, particularly among women, the very low enrolment rate in primary and secondary education and the very high drop-out rate in primary education. It noted, however, that the Ten-Year Plan for the Development of Basic Education (PDDEB) provided for a gradual increase in school enrolment and attendance rates and improvements in basic education. In this regard, the Committee noted that, according to the half-yearly report on the implementation of the PDDEB for January to June 2006, the rate of school attendance improved in Burkina Faso.

The Committee took note of the information provided by the Government that the rate of school attendance in the country is continuing to improve. According to the statistics provided by the Government, the gross enrolment rate of girls increased from 64.9 per cent in 2005–06 to 79.1 per cent in 2007–08, and for boys, the rate increased from 76.4 per cent to 90.5 per cent for the same period. The Committee also noted that, according to the Education for All Global Monitoring Report of 2008, published by UNESCO and entitled Education for All in 2015: Will we make it?, Burkina Faso will probably achieve gender parity by 2025. However, according to this report, although the country has made enormous progress towards achieving universal enrolment at the primary level, it is unlikely that it will achieve the goal of universal primary education for all by 2015. In this regard, it noted that, according to the UNICEF statistics from 2006, the net school attendance rate at the primary level is 44 per cent for girls and 49 per cent for boys, and at the secondary level, 15 per cent for girls and 17 per cent for boys.

The Committee, while noting the progress made by the Government in improving the education system, particularly with regard to the gross enrolment rate in primary education, expressed concern at the low net school attendance rate, both at the primary and secondary levels. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee urges the Government to step up efforts to improve the operation of the education system in the country. In this regard, it requests the Government to provide information on the time-bound measures taken in the context of the implementation of the PDDEB to increase school attendance rates, both in primary and secondary education. The Committee requests the Government to provide information on the results achieved.

Clause (d). Identifying and reaching out to children at special risk. 
1. HIV/AIDS orphans. The Committee previously noted that, according to the report on the global AIDS epidemic published by the Joint United Nations Programme on HIV/AIDS (UNAIDS) in May 2006, the number of children in Burkina Faso orphaned as a result of the virus is approximately 120,000. It also noted that the Government has drawn up a strategic national framework to combat the virus for 2006–10, in collaboration with UNAIDS. The Committee took due note of the information provided by the Government concerning the measures taken to protect HIV/AIDS orphans. It noted, in particular, that these measures have made it possible, in particular, to provide education and training to at least 10,000 orphans and vulnerable children (OVC) and provide them with food, healthcare and psychological support. Furthermore, the Government has provided assistance to households which accommodate OVCs and has set up structures to create income-generating activities. The Committee also took due note that, according to the UNGASS report of January 2008 of Burkina Faso on the follow-up to the Declaration of Commitment on HIV/AIDS, the national strategic framework for combating the virus for 2006–10 has allowed psychosocial, economic or spiritual care to be provided to 18,726 OVCs in 2007. Furthermore, according to the information contained in the fact sheet on HIV/AIDS of 2008 of the Joint United Nations Programme on HIV/AIDS (UNAIDS) and the World Health Organization (WHO), there are around 100,000 HIV/AIDS orphans in Burkina Faso.

Although noting a reduction in the number of HIV/AIDS orphans between 2006 and 2008, the Committee expressed concern at the fact that a high number of children are still affected by the epidemic. It observed that HIV/AIDS has negative consequences on the orphans, whose risk of becoming engaged in the worst forms of child labour is increased. The Committee urges the Government to step up efforts to protect HIV/AIDS orphans and requests the Government to continue providing information on the specific time-bound measures taken in the context of the implementation of the national strategic framework for combating the virus, to prevent these children from becoming engaged in the worst forms of child labour.

2. Street children. In its previous comments, the Committee noted that, according to the information provided by the Government in its written replies to the Committee on the Rights of the Child in September 2002 (CRC/C/RESP/18, page 28), 24 per cent of street children are between seven and 12 years of age, 62 per cent are between 13 and 18 years of age, with roughly equal numbers of boys and girls, and 43 per cent of street children engage in begging. In this regard, the Government indicated that, in collaboration with partners, it has implemented a national action programme for education in an open environment (2005–09), which aims to support and ensure the rehabilitation and socioeconomic integration of at least 80 per cent of children removed from the streets. The Committee noted the information provided by the Government concerning the number of children and young persons who were supervised in rehabilitation facilities between 2005 and 2006. According to that information, 469 children were managed in an open environment and 551 in a closed environment. The Committee encourages the Government to continue its efforts and requests it to continue providing information on the time-bound measures taken, in particular in the context of the implementation of the national action programme for education in an open environment to protect street children against the worst forms of child labour and to ensure their rehabilitation and social integration.

Parts IV and V of the report form. Application of the Convention in practice. The Committee previously noted that a national study on child labour had been conducted in the country and requested the Government to provide a copy of that study. The Committee noted the Government’s indication that the study on child labour has not yet been returned. The Committee expresses the firm hope that the study will be returned and validated in the near future. It requests the Government to provide information in this regard and to provide a copy of the study as soon as it has been validated.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 3, clause (a), and Article 7(1), of the Convention. Sale and trafficking of children and sanctions. In its previous comments, the Committee noted that there is a high level of trafficking of children for labour exploitation both within the country and as a source of child labour for other countries. The Committee also noted with interest that, since the adoption and implementation of Act No. 038-2003/AN of 27 May 2003 defining and repressing the trafficking of children (Act No. 038-2003/AN of 27 May 2003), 31 cases of trafficking had been prosecuted in the 19 higher courts and 18 individuals had been sentenced to terms of imprisonment ranging from one to three years.

The Committee noted with interest the adoption of Decree No. 2008-332/PRES of 19 June 2008 promulgating Act No. 029-2008/AN of 15 May 2008 on combating trafficking in persons and similar practices (Act on combating trafficking in persons and similar practices). Under section 26 of this Act, Act No. 038-2003/AN of 27 May 2003 is repealed. The Committee took due note that sections 3 and 4 of the Act on combating trafficking in persons and similar practices provides for terms of imprisonment ranging from five to 20 years.

The Committee noted the information provided by the Government that it has continued and stepped up its efforts to combat the trafficking of children. It also noted the several court decisions handed down by the High Court between 2004 and 2007. The Committee noted that the individuals who have been prosecuted for the trafficking of children were found guilty and sentenced to terms of imprisonment ranging from two to 24 months, sometimes accompanied by a fine, and were ordered to pay costs. The Committee noted, however, that of the seven prison sentences handed down, six were suspended; one person was sentenced to two months’ imprisonment and another to a fine of 50,000 CFA francs. The Committee reminded the Government that the trafficking of children is a serious crime and that, under Article 7(1), of the Convention, the Government is obliged to take the necessary measures to ensure the effective implementation and enforcement of the provisions giving effect the Convention, including the application of sufficiently effective and dissuasive penal sanctions. The Committee requests the Government to take the necessary measures to ensure that the penalties imposed on individuals found guilty of trafficking of children are sufficiently effective and dissuasive and that they are applied in practice. It requests the Government to provide information in this regard. The Committee also requests the Government to continue providing information on the application in practice of the Act on combating trafficking in persons and similar practices, including in particular, statistics on the number and nature of violations reported, investigations, prosecutions, convictions and penal sanctions imposed.

Article 7(2). Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of labour. 1. Sale and trafficking of children. The Committee previously took due note of the information provided concerning the implementation in the country of the
ILO–IPEC Programme on Combating Trafficking in Children for Labour Exploitation in West and Central Africa (LUTRENA) and noted, in particular, that 632 children had benefited from the project and from educational support. It requested the Government to continue providing information on the measures taken in the context of the implementation of the LUTRENA programme. The Committee noted with interest the information provided by the Government that 716 children have been intercepted and returned to their families with the support of the social, technical and financial partners, including the vigilance committees. It also noted the Government’s indication that, to ensure better care for victims of trafficking and their reintegration into their families, transit centres have been equipped with facilities in the three provinces of Fada, Pama and Diapaga. The Committee also noted that financial assistance is given to families of child victims of trafficking for income-generating activities and the children are placed in workshops and various vocational training centres or reintegrated into the school system. Furthermore, the Wend Zoodo reception centre has been renovated and four literacy centres have been equipped with facilities. Finally, the Committee noted that the country is participating in phase V of the LUTRENA programme. The Committee took due note of the measures taken by the  Government to remove children from sale and trafficking and to ensure their rehabilitation and social integration, which it regards as a manifestation of its political will to eliminate this worst form of child labour. The Committee strongly encourages the Government to continue its efforts and requests it to provide information on the time-bound measures taken in the context of the implementation of phase V of the LUTRENA programme to remove child victims from sale and trafficking by indicating, in particular, the number of children who have actually been removed from this worst form of labour, and on the specific rehabilitation and social integration measures taken for these children.

2. Project for small-scale gold mines in West Africa. In its previous comments, the Committee noted that Burkina Faso is participating in the ILO–IPEC project entitled “Prevention and elimination of child labour in artisanal gold mining in West Africa (2005-2008)” (the ILO–IPEC project on artisanal gold mining), the objective of which is to remove children from gold mines, while establishing structures to prevent child labour and to support local activities, particularly those aimed at enhancing the safety and boosting the income of adults working in the mines. The Committee noted that, according to the information contained in the 2007 ILO–IPEC activity report on the project in small-scale gold mines, more than 240 children had been prevented from being employed in hazardous work in gold mines and were receiving a school education.

The Committee noted with interest the detailed information provided by the Government concerning the ILO–IPEC project on artisanal gold mining which has been implemented on the gold-bearing site of Gorol Kadjè in Séno and the gold-bearing site of Ziniguima in Bam. It noted, in particular, that two small schooling programmes have been implemented which have allowed the schooling of 248 children, including 130 girls, namely 93 children on the Ziniguima site in Bam by the NGO Coalition in Burkina Faso for Children’s Rights (COBUFADE) and 155 children on the Gorol Kadjè site in Séno by the NGO Action for the Promotion of Children’s Rights in Burkina Faso (APRODEB). Overall, 657 children have been removed from the worst forms of labour in gold washing and have benefited from pre-school and school services, support in the form of school equipment, school clothing and afternoon snacks, and medical care. Furthermore, 16 groups of villagers have been created for income-generating activities in animal fattening, trading, dyeing and soap manufacture, including six groups of women and two groups of girls.

The Committee noted that two ILO–IPEC programmes are currently being implemented in the country, namely a programme on the rehabilitation and integration of child gold washers on the gold-bearing site of Gorol Kadjè through education and vocational training, and another which concerns support for the schooling of 310 children and the integration of 90 child workers, the protection of 120 child workers in the context of three young person clubs, support for income-generating activities for 90 mothers of gold-washing children and the mobilization of the community on the Ziniguima site. Finally, the Committee noted that a basic study on child labour in gold washing in Ziniguima and Gorol Kadjè is being carried out in the country. The Committee requests the Government to continue its efforts to remove children from the worst forms of child labour in small-scale gold mines. It also requests it to continue providing information on the time-bound measures taken, particularly in the context of the implementation of the two ILO–IPEC programmes currently under way in the country, to provide the necessary and appropriate direct assistance for the removal of children from this worst form of child labour and for their rehabilitation and social integration. Furthermore, the Committee requests the Government to provide information on the basic study on child labour in gold washing in Ziniguima and Gorol Kadjè as soon as it has been completed.

Clause (e). Taking account of the special situation of girls. The Committee previously noted that, according to ILO–IPEC information on the LUTRENA programme, internal trafficking, which accounts for 70 per cent of cases, mainly concerns girls who are engaged in domestic labour or working as street vendors in the country’s major cities. It noted that girls, particularly those employed in domestic work, are often victims of exploitation, which takes on very diverse forms, and it is difficult to monitor their conditions of employment because of the unauthorized nature of this work. The Committee requested the Government to provide information on the measures taken in the context of the LUTRENA programme to protect girls against labour and sexual exploitation. The Committee noted the information provided by the Government concerning the measures it has taken in the context of the ILO–IPEC project on artisanal gold mining to take into account the situation of girls, in particular through financial assistance for income-generating activities and their insertion into training centres to learn a trade or their reintegration into the school system. The Committee noted, however, that no information is provided with regard to the measures taken in the context of the LUTRENA programme. The Committee therefore requests the Government to provide information on the time-bound measures taken in the context of the implementation of phase V of the LUTRENA programme to protect girls from the worst forms of child labour, including, in particular, the number of girl victims of sale and trafficking for labour or sexual exploitation who have actually been removed from this worst form.

Article 8. International cooperation and assistance. 1. Regional cooperation. The Committee previously noted that the Government has signed bilateral cooperation agreements on the cross-border trafficking of children with the Republic of Mali and multilateral cooperation agreements on combating the trafficking of children in West Africa. It requested the Government to provide information on the implementation of these agreements. The Committee noted the Government’s indication that statistics will be provided as soon as they are available. The Committee expresses the hope that the Government will be able to provide information in its next report and once again requests it to indicate whether the information exchanges with the other signatory countries have made it possible to: (1) apprehend and arrest persons operating in networks engaged in the trafficking of children; and (2) detect and intercept child victims of trafficking in the border areas.

2. Poverty elimination. In its previous comments, the Committee noted the draft Decent Work Country Programme for Burkina Faso. It noted that the problems connected with child labour form part of the priorities of this country programme, including child labour in rural areas and in mines, and that the Government intends to take measures aimed at eliminating child labour in the context of poverty reduction. The Committee noted that the Government does not provide any information on this matter. Noting once again that poverty reduction programmes contribute to breaking the poverty cycle, which is essential for the elimination of the worst forms of child labour, the Committee requests the Government to provide information on the measures taken in the context of the implementation of the Decent Work Country Programme to eliminate the worst forms of child labour, particularly as regards the actual reduction of poverty among child victims of sale and trafficking and those who carry out hazardous work in mines and quarries.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 3 of the Convention. Worst forms of child labour. The Committee notes the adoption of Act No. 028-2008/AN of 13 May 2008 issuing the Labour Code of Burkina Faso (the Labour Code of 2008) which repeals the Labour Code of 2004. It notes that section 153 of the Labour Code of 2008 prohibits the worst forms of child labour, which are defined in conformity with this provision of the Convention.

Clause 3(d). Hazardous work. Children working on their own account. In its previous comments, the Committee noted that, according to the Government, there is no point in regulating matters relating to children who work on their own account since these persons come under the informal economy and hence are still liable to controls by the labour inspectorate, which carries out general monitoring of conditions of work. The Committee notes that the Labour Code of 2008 applies to employment relationships. However, it notes the information provided by the Government in its report provided under Convention No. 138 that, as soon as there are sufficient human resources to cover all economic activity sectors, it will envisage the possibility of allocating particular competencies to labour inspectors to eliminate child labour in the informal economy, in particular where they are working on their own account. The Committee expresses the hope that the Government will be able, in the near future, to take measures to increase the number of labour inspectors and guarantee the protection provided for by the Convention to children who are working in the informal economy or on their own account. It requests the Government to provide information in this regard.

Article 4, paragraph 1. Determination of types of hazardous work. Referring to its previous comments, the Committee notes that, under section 153(1) and (2)(4) of the Labour Code of 2008, work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children is regarded as one of the worst forms of child labour and is prohibited. The list of these types of work is determined by a decree issued by the Council of Ministers after consultation with the most representative organizations of workers and employers in the occupational branch and following the opinion of the National Technical Advisory Committee on Occupational Safety and Health. The Committee also notes the information provided by the Government that the Ministry of Labour and Social Security has sponsored a study in 2008 to assess the situation with regard to hazardous work and propose draft legislation prohibiting the carrying out of these types of work by children. A workshop to validate the study will be organized and employers’ and workers’ organizations and the main actors involved in combating child labour and its worst forms will participate. The Committee expresses the firm hope that the workshop to validate the study on hazardous work will be organized as soon as possible and that the draft legislation prohibiting the carrying out of these types of work by children under 18 years of age and determining these types of work will be drawn up in the near future. It requests the Government to provide information on any progress made in this regard.

Article 6. Programmes of action. The Committee previously asked the Government to provide information on the operation of the Department for Combating Child Labour and its worst forms. In this regard, the Government indicates that this Department was created mainly to devise and follow through the implementation of the national policy on combating child labour and its worst forms and participate in discussion bodies on child labour and its worst forms. The Government indicates that a national policy has not yet been devised. The Committee expresses the hope that the Department for combating child labour and its worst forms will be able, in the near future, to devise a national policy on combating child labour and its worst forms and requests the Government to provide a copy as soon as it has been drawn up.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. In its previous comments, the Committee noted the high illiteracy rate, particularly among women, the very low enrolment rate in primary and secondary education and the very high drop-out rate in primary education. It noted, however, that the Ten-Year Plan for the Development of Basic Education (PDDEB) provided for a gradual increase in school enrolment and attendance rates and improvements in basic education. In this regard, the Committee noted that, according to the half-yearly report on the implementation of the PDDEB for January to June 2006, the rate of school attendance improved in Burkina Faso.

The Committee takes note of the information provided by the Government that the rate of school attendance in the country is continuing to improve. According to the statistics provided by the Government, the gross enrolment rate of girls increased from 64.9 per cent in 2005–06 to 79.1 per cent in 2007–08, and for boys, the rate increased from 76.4 per cent to 90.5 per cent for the same period. The Committee also notes that, according to the Education for All Global Monitoring Report of 2008, published by UNESCO and entitled Education for All in 2015: Will we make it?, Burkina Faso will probably achieve gender parity by 2025. However, according to this report, although the country has made enormous progress towards achieving universal enrolment at the primary level, it is unlikely that it will achieve the goal of universal primary education for all by 2015. In this regard, it notes that, according to the UNICEF statistics from 2006, the net school attendance rate at the primary level is 44 per cent for girls and 49 per cent for boys, and at the secondary level, 15 per cent for girls and 17 per cent for boys.

The Committee, while noting the progress made by the Government in improving the education system, particularly with regard to the gross enrolment rate in primary education, expresses concern at the low net school attendance rate, both at the primary and secondary levels. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee urges the Government to step up efforts to improve the operation of the education system in the country. In this regard, it requests the Government to provide information on the time-bound measures taken in the context of the implementation of the PDDEB to increase school attendance rates, both in primary and secondary education. The Committee requests the Government to provide information on the results achieved.

Clause (d). Identifying and reaching out to children at special risk. 1. HIV/AIDS orphans. The Committee previously noted that, according to the report on the global AIDS epidemic published by the Joint United Nations Programme on HIV/AIDS (UNAIDS) in May 2006, the number of children in Burkina Faso orphaned as a result of the virus is approximately 120,000. It also noted that the Government has drawn up a strategic national framework to combat the virus for 2006–10, in collaboration with UNAIDS. The Committee takes due note of the information provided by the Government concerning the measures taken to protect HIV/AIDS orphans. It notes, in particular, that these measures have made it possible, in particular, to provide education and training to at least 10,000 orphans and vulnerable children (OVC) and provide them with food, healthcare and psychological support. Furthermore, the Government has provided assistance to households which accommodate OVCs and has set up structures to create income-generating activities. The Committee also takes due note that, according to the UNGASS report of January 2008 of Burkina Faso on the follow-up to the Declaration of Commitment on HIV/AIDS, the national strategic framework for combating the virus for 2006–10 has allowed psychosocial, economic or spiritual care to be provided to 18,726 OVCs in 2007. Furthermore, according to the information contained in the fact sheet on HIV/AIDS of 2008 of the Joint United Nations Programme on HIV/AIDS (UNAIDS) and the World Health Organization (WHO), there are around 100,000 HIV/AIDS orphans in Burkina Faso.

Although noting a reduction in the number of HIV/AIDS orphans between 2006 and 2008, the Committee expresses concern at the fact that a high number of children are still affected by the epidemic. It observes that HIV/AIDS has negative consequences on the orphans, whose risk of becoming engaged in the worst forms of child labour is increased. The Committee urges the Government to step up efforts to protect HIV/AIDS orphans and requests the Government to continue providing information on the specific time-bound measures taken in the context of the implementation of the national strategic framework for combating the virus, to prevent these children from becoming engaged in the worst forms of child labour.

2. Street children. In its previous comments, the Committee noted that, according to the information provided by the Government in its written replies to the Committee on the Rights of the Child in September 2002 (CRC/C/RESP/18, page 28), 24 per cent of street children are between seven and 12 years of age, 62 per cent are between 13 and 18 years of age, with roughly equal numbers of boys and girls, and 43 per cent of street children engage in begging. In this regard, the Government indicated that, in collaboration with partners, it has implemented a national action programme for education in an open environment (2005–09), which aims to support and ensure the rehabilitation and socioeconomic integration of at least 80 per cent of children removed from the streets. The Committee notes the information provided by the Government concerning the number of children and young persons who were supervised in rehabilitation facilities between 2005 and 2006. According to that information, 469 children were managed in an open environment and 551 in a closed environment. The Committee encourages the Government to continue its efforts and requests it to continue providing information on the time-bound measures taken, in particular in the context of the implementation of the national action programme for education in an open environment to protect street children against the worst forms of child labour and to ensure their rehabilitation and social integration.

Parts IV and V of the report form. Application of the Convention in practice. The Committee previously noted that a national study on child labour had been conducted in the country and requested the Government to provide a copy of that study. The Committee notes the Government’s indication that the study on child labour has not yet been returned. The Committee expresses the firm hope that the study will be returned and validated in the near future. It requests the Government to provide information in this regard and to provide a copy of the study as soon as it has been validated.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 3, clause (a), and Article 7, paragraph 1, of the Convention. Sale and trafficking of children and sanctions. In its previous comments, the Committee noted that there is a high level of trafficking of children for labour exploitation both within the country and as a source of child labour for other countries. The Committee also noted with interest that, since the adoption and implementation of Act No. 038-2003/AN of 27 May 2003 defining and repressing the trafficking of children (Act No. 038-2003/AN of 27 May 2003), 31 cases of trafficking had been prosecuted in the 19 higher courts and 18 individuals had been sentenced to terms of imprisonment ranging from one to three years.

The Committee notes with interest the adoption of Decree No. 2008-332/PRES of 19 June 2008 promulgating Act No. 029-2008/AN of 15 May 2008 on combating trafficking in persons and similar practices (Act on combating trafficking in persons and similar practices). Under section 26 of this Act, Act No. 038-2003/AN of 27 May 2003 is repealed. The Committee takes due note that sections 3 and 4 of the Act on combating trafficking in persons and similar practices provides for terms of imprisonment ranging from five  to 20 years.

The Committee notes the information provided by the Government that it has continued and stepped up its efforts to combat the trafficking of children. It also notes the several court decisions handed down by the High Court between 2004 and 2007. The Committee notes that the individuals who have been prosecuted for the trafficking of children were found guilty and sentenced to terms of imprisonment ranging from two to 24 months, sometimes accompanied by a fine, and were ordered to pay costs. The Committee notes, however, that of the seven prison sentences handed down, six were suspended; one person was sentenced to two months’ imprisonment and another to a fine of 50,000 CFA francs. The Committee reminds the Government that the trafficking of children is a serious crime and that, under Article 7, paragraph 1, of the Convention, the Government is obliged to take the necessary measures to ensure the effective implementation and enforcement of the provisions giving effect the Convention, including the application of sufficiently effective and dissuasive penal sanctions. The Committee requests the Government to take the necessary measures to ensure that the penalties imposed on individuals found guilty of trafficking of children are sufficiently effective and dissuasive and that they are applied in practice. It requests the Government to provide information in this regard. The Committee also requests the Government to continue providing information on the application in practice of the Act on combating trafficking in persons and similar practices, including in particular, statistics on the number and nature of violations reported, investigations, prosecutions, convictions and penal sanctions imposed.

Article 7, paragraph 2. Effective and time-bound measures. Clause(b). Direct assistance for the removal of children from the worst forms of labour. 1. Sale and trafficking of children. The Committee previously took due note of the information provided concerning the implementation in the country of the ILO–IPEC Programme on Combating Trafficking in Children for Labour Exploitation in West and Central Africa (LUTRENA) and noted, in particular, that 632 children had benefited from the project and from educational support. It requested the Government to continue providing information on the measures taken in the context of the implementation of the LUTRENA programme. The Committee notes with interest the information provided by the Government that 716 children have been intercepted and returned to their families with the support of the social, technical and financial partners, including the vigilance committees. It also notes the Government’s indication that, to ensure better care for victims of trafficking and their reintegration into their families, transit centres have been equipped with facilities in the three provinces of Fada, Pama and Diapaga. The Committee also notes that financial assistance is given to families of child victims of trafficking for income-generating activities and the children are placed in workshops and various vocational training centres or reintegrated into the school system. Furthermore, the Wend Zoodo reception centre has been renovated and four literacy centres have been equipped with facilities. Finally, the Committee notes that the country is participating in phase V of the LUTRENA programme. The Committee takes due note of the measures taken by the  Government to remove children from sale and trafficking and to ensure their rehabilitation and social integration, which it regards as a manifestation of its political will to eliminate this worst form of child labour. The Committee strongly encourages the Government to continue its efforts and requests it to provide information on the time-bound measures taken in the context of the implementation of phase V of the LUTRENA programme to remove child victims from sale and trafficking by indicating, in particular, the number of children who have actually been removed from this worst form of labour, and on the specific rehabilitation and social integration measures taken for these children.

2. Project for small-scale gold mines in West Africa. In its previous comments, the Committee noted that Burkina Faso is participating in the ILO–IPEC project entitled “Prevention and elimination of child labour in artisanal gold mining in West Africa (2005-2008)” (the ILO–IPEC project on artisanal gold mining), the objective of which is to remove children from gold mines, while establishing structures to prevent child labour and to support local activities, particularly those aimed at enhancing the safety and boosting the income of adults working in the mines. The Committee noted that, according to the information contained in the 2007 ILO–IPEC activity report on the project in small-scale gold mines, more than 240 children had been prevented from being employed in hazardous work in gold mines and were receiving a school education.

The Committee notes with interest the detailed information provided by the Government concerning the ILO–IPEC project on artisanal gold mining which has been implemented on the gold-bearing site of Gorol Kadjè in Séno and the gold-bearing site of Ziniguima in Bam. It notes, in particular, that two small schooling programmes have been implemented which have allowed the schooling of 248 children, including 130 girls, namely 93 children on the Ziniguima site in Bam by the NGO Coalition in Burkina Faso for Children’s Rights (COBUFADE) and 155 children on the Gorol Kadjè site in Séno by the NGO Action for the Promotion of Children’s Rights in Burkina Faso (APRODEB). Overall, 657 children have been removed from the worst forms of labour in gold washing and have benefited from pre-school and school services, support in the form of school equipment, school clothing and afternoon snacks, and medical care. Furthermore, 16 groups of villagers have been created for income-generating activities in animal fattening, trading, dyeing and soap manufacture, including six groups of women and two groups of girls.

The Committee notes that two ILO–IPEC programmes are currently being implemented in the country, namely a programme on the rehabilitation and integration of child gold washers on the gold-bearing site of Gorol Kadjè through education and vocational training, and another which concerns support for the schooling of 310 children and the integration of 90 child workers, the protection of 120 child workers in the context of three young person clubs, support for income-generating activities for 90 mothers of gold-washing children and the mobilization of the community on the Ziniguima site. Finally, the Committee notes that a basic study on child labour in gold washing in Ziniguima and Gorol Kadjè is being carried out in the country. The Committee requests the Government to continue its efforts to remove children from the worst forms of child labour in small-scale gold mines. It also requests it to continue providing information on the time-bound measures taken, particularly in the context of the implementation of the two ILO–IPEC programmes currently under way in the country, to provide the necessary and appropriate direct assistance for the removal of children from this worst form of child labour and for their rehabilitation and social integration. Furthermore, the Committee requests the Government to provide information on the basic study on child labour in gold washing in Ziniguima and Gorol Kadjè as soon as it has been completed.

Clause (e). Taking account of the special situation of girls. The Committee previously noted that, according to ILO–IPEC information on the LUTRENA programme, internal trafficking, which accounts for 70 per cent of cases, mainly concerns girls who are engaged in domestic labour or working as street vendors in the country’s major cities. It noted that girls, particularly those employed in domestic work, are often victims of exploitation, which takes on very diverse forms, and it is difficult to monitor their conditions of employment because of the unauthorized nature of this work. The Committee requested the Government to provide information on the measures taken in the context of the LUTRENA programme to protect girls against labour and sexual exploitation. The Committee notes the information provided by the Government concerning the measures it has taken in the context of the ILO–IPEC project on artisanal gold mining to take into account the situation of girls, in particular through financial assistance for income-generating activities and their insertion into training centres to learn a trade or their reintegration into the school system. The Committee notes, however, that no information is provided with regard to the measures taken in the context of the LUTRENA programme. The Committee therefore requests the Government to provide information on the time-bound measures taken in the context of the implementation of phase V of the LUTRENA programme to protect girls from the worst forms of child labour, including, in particular, the number of girl victims of sale and trafficking for labour or sexual exploitation who have actually been removed from this worst form.

Article 8. International cooperation and assistance. 1. Regional cooperation. The Committee previously noted that the Government has signed bilateral cooperation agreements on the cross-border trafficking of children with the Republic of Mali and multilateral cooperation agreements on combating the trafficking of children in West Africa. It requested the Government to provide information on the implementation of these agreements. The Committee notes the Government’s indication that statistics will be provided as soon as they are available. The Committee expresses the hope that the Government will be able to provide information in its next report and once again requests it to indicate whether the information exchanges with the other signatory countries have made it possible to: (1) apprehend and arrest persons operating in networks engaged in the trafficking of children; and (2) detect and intercept child victims of trafficking in the border areas.

2. Poverty elimination. In its previous comments, the Committee noted the draft Decent Work Country Programme for Burkina Faso. It noted that the problems connected with child labour form part of the priorities of this country programme, including child labour in rural areas and in mines, and that the Government intends to take measures aimed at eliminating child labour in the context of poverty reduction. The Committee notes that the Government does not provide any information on this matter. Noting once again that poverty reduction programmes contribute to breaking the poverty cycle, which is essential for the elimination of the worst forms of child labour, the Committee requests the Government to provide information on the measures taken in the context of the implementation of the Decent Work Country Programme to eliminate the worst forms of child labour, particularly as regards the actual reduction of poverty among child victims of sale and trafficking and those who carry out hazardous work in mines and quarries.

Furthermore, the Committee is also addressing a direct request to the Government concerning other points.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Article 3 of the Convention. Worst forms of child labour. Clauses (a), (b) and (c). Forced or compulsory recruitment of children for use in armed conflict; use, procuring or offering of a child for the production of pornography or for pornographic performances and for illicit activities. With reference to its previous comments, the Committee notes with interest that section 148 of the Labour Code of 2004 adopts the provisions of Article 3 of Convention No. 182 by prohibiting all the worst forms of child labour.

Clause (d). Hazardous work. Self-employed workers. In its previous comments, the Committee observed that the Labour Code does not apply to work done by children on their own account and asked the Government to indicate the measures taken to ensure that this kind of protection is afforded to children under 18 years of age. The Committee notes the Government’s information to the effect that there is no point in adopting legislation to regulate matters relating to self‑employed workers. Persons working on their own account come under the informal sector and hence are still liable to controls by the labour inspectorate, which carries out general monitoring of conditions of work. The Committee requests the Government to provide information on the measures taken or envisaged to enable labour inspectors to target children performing work on their own account and thus grant to all children the protection provided for by the Convention.

Article 4, paragraph 1. Determination of hazardous work. Referring to its previous comments, the Committee notes the Government’s information that a list of the types of work which are prohibited for children and young persons is being drawn up and that it will be in conformity with Convention No. 182 and the Worst Forms of Child Labour Recommendation, 1999 (No. 190). The Committee hopes that this list of types of work which are prohibited for children and young persons will be adopted as soon as possible and it requests the Government to supply a copy once it is adopted. The Committee also requests the Government to supply information on consultations with the organizations of employers and workers.

Article 5. Monitoring mechanisms. The Committee notes the Government’s information that a department for combating child labour and the worst forms thereof has been set up within the Ministry of Labour and is responsible for monitoring the application of the provisions of the Convention. The Committee requests the Government to provide information on the working of this department by supplying reports on these activities.

Article 7, paragraph 1. Penalties. The Committee notes that section 390 of the Labour Code of 2004 states that anyone who violates the provisions of section 148, i.e. those prohibiting the worst forms of child labour, is liable to the penalties laid down by the Act defining and repressing the trafficking of children. It notes that sections 4 and 5 of Act No. 038-2003/AN of 27 May 2003, defining and repressing the trafficking of children, provide for terms of imprisonment ranging from one year to life imprisonment, according to the circumstances in which the violations are perpetrated, and a fine ranging from 300,000 to 1,500,000 CFA francs. The Committee observes that the prohibition on the worst forms of child labour is contained in the Labour Code whereas the penalties relating to this prohibition are laid down in a specific law repressing another offence. The Committee requests the Government to provide information on the courts which are competent to examine cases involving violations of the prohibition on the worst forms of child labour and also on the penalties which are imposed under section 390 of the Labour Code and the Act defining and repressing the trafficking of children.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Education system. In its previous comments, the Committee noted that the gross school enrolment rate was 47.50 per cent in 2002–03. The Committee further noted that the Committee on the Rights of the Child, in its concluding observations in October 2002 (CRC/C/15/Add.193, paragraph 50), expressed deep concern at the high illiteracy rate, particularly among women, the still low enrolment rate in primary and secondary education, the very high drop-out rate in primary education, the poor quality of teaching, the very low percentage of children who complete primary education and the substantial regional disparities. The Committee noted, however, that the Ten-Year Plan for the Development of Basic Education (2001–10) (PDDEB) provides for a progressive increase in the rate of school enrolment and attendance and also for improvement in basic education and informal basic education. In this respect, the Committee notes with interest the Government’s information that, according to the half-yearly report on the implementation of the PDDEB for January–June 2006, the rate of school attendance is improving in Burkina Faso. It notes that the total number of pupils attending school increased from 1,270,827 in 2004–05 to 1,390,571 in 2005–06, i.e. an annual average increase of 9.42 per cent. Considering that education contributes to the elimination of the worst forms of child labour, the Committee encourages the Government to continue its efforts to improve the education system. It requests the Government to provide information on the effective measures taken under the PDDEB to prevent the engagement of children in the worst forms of child labour and also on the results obtained.

Clause (d). Identifying and reaching out to children at special risk. 1. HIV/AIDS. The Committee notes that, according to the report on the global AIDS epidemic published by the Joint United Nations Programme on HIV/AIDS (UNAIDS) in May 2006, the number of children in Burkina Faso orphaned as a result of the virus is approximately 120,000. It also notes that, according to this report, the Government has drawn up a strategic national framework to combat the virus for 2006–10, in collaboration with UNAIDS. The Committee observes that HIV/AIDS has a negative impact on orphans, who are at an increased risk of being engaged in the worst forms of child labour. It requests the Government to do its utmost to reduce the impact of the epidemic in Burkina Faso by preventing its transmission within the population. The Committee also requests the Government to provide information on the specific measures taken under the strategic national framework to prevent children orphaned as a result of HIV/AIDS from being engaged in the worst forms of child labour.

2. Street children. In its previous comments, the Committee noted that, according to the information supplied by the Government in its written replies to the Committee on the Rights of the Child in September 2002 (CRC/C/RESP/18, page 28), 24 per cent of street children are between 7 and 12 years of age, 62 per cent of them are between 13 and 18 years of age, with roughly equal numbers of boys and girls, and 43 per cent of street children engage in begging. It also noted that the Committee on the Rights of the Child, in its concluding observations in October 2002 (CRC/C/15/Add.193, paragraph 56), expressed concern at the growing number of children living on the streets and at the lack of a systematic overall strategy to deal with this situation and provide children with the necessary assistance. The Committee notes the information in the Government’s report to the effect that, in collaboration with its partners, it has implemented a national action programme for education in an open environment (2005–09), which aims to support and ensure the rehabilitation and socio-economic integration of at least 80 per cent of children removed from the streets. Recalling that street children are at particular risk of being involved in the worst forms of child labour, the Committee once again requests the Government to provide information on the measures taken under the national action programme for education in an open environment to protect street children against the worst forms of child labour and to ensure their rehabilitation and social integration.

Parts IV and V of the report form. Application of the Convention in practice. Referring to its previous comments, the Committee notes that, apart from the information concerning the sale and trafficking of children, the Government does not supply any information on the application of the Convention in practice. It notes that, according to the information available to the Office, a national study on child labour has been conducted in the country. The Committee requests the Government to provide a copy of this national study on child labour with its next report.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s reports.

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. In its previous comments, the Committee noted concordant information from various sources to the effect that the cases of trafficking of children for the exploitation of their labour, particularly in agriculture, concern a substantial number of children in Burkina Faso. It also noted that Act No. 038‑2003/AN of 27 May 2003, defining and repressing the trafficking of children, prohibits and penalizes the trafficking of children, and requested the Government to provide information on the application of this Act in practice.

The Committee notes that, according to the UNICEF report on trafficking in persons, especially women and children, in West and Central Africa, published in 2006, children from Burkina Faso are the victims of trafficking in the following countries: Benin, Côte d’Ivoire, Gambia, Ghana, Mali, Niger, Nigeria, Togo, and also of trafficking to Europe. It also notes that, according to ILO/IPEC information, internal trafficking accounts for 70 per cent of cases and principally concerns girls who work as servants or as itinerant traders in the streets of the country’s major cities. Cross-border trafficking of Burkinabé children is mainly with Côte d’Ivoire, even though new patterns of migration and trafficking have emerged with other countries of the region as destinations. Boys tend more to look for work in agriculture in neighbouring countries, in cotton, coffee or cocoa plantations. The Committee also notes that, according to the UNICEF report on the trafficking of persons, talibé children from Burkina Faso are exploited for begging in cities in the Gambia and also in rice fields in Mali.

The Committee notes with interest the Government’s information to the effect that, since the adoption and implementation of Act No. 038‑2003/AN of 27 May 2003 defining and repressing the trafficking of children, 31 cases of trafficking have been prosecuted in the 19 higher courts and 18 persons have been sentenced to terms of imprisonment ranging from one to three years. Moreover, it notes the Government’s information on the recent cases of cross-border trafficking concerning children from Burkina Faso, Côte d’Ivoire, Mali and Nigeria. The Committee observes that, although the Government has adopted a number of measures to combat the sale and trafficking of children for the exploitation of their labour, the problem still exists in practice. It encourages the Government to continue its efforts to ensure the protection in practice of children under 18 years of age against the sale and trafficking of children for the purpose of labour exploitation. It requests the Government to continue providing information on the practical application of Act No. 038-2003/AN of 27 May 2003 defining and repressing the trafficking of children, in particular by supplying statistics on the number and nature of violations reported, investigations, prosecutions, convictions and penal sanctions.

Article 5. Monitoring mechanisms. 1. Vigilance and supervision committees. In its previous comments, the Committee requested the Government to provide information on the activities of the vigilance and supervision committees. In this regard, the Committee notes that, according to the information in the activity report of ILO/IPEC on the LUTRENA programme combating trafficking in children for labour exploitation in West and Central Africa, the work done by the vigilance and supervision committees since 2002 has resulted in the interception of approximately 620 children from Burkina Faso involved in trafficking and in an information campaign for more than 3,600 members of various communities in the country, including 700 girls and 1,900 boys. The Committee encourages the Government to do its utmost to facilitate the work of these committees.

2. Child labour unit. The Committee notes that, according to the information in the ILO/IPEC activity report on the LUTRENA programme, a child labour unit has been set up. It requests the Government to supply information on the working of this unit by supplying reports on its activities.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes with interest that more than 26,730 children have benefited from the LUTRENA programme since it was launched in 2001. Of these, 14,790 children were removed from this worst form of child labour and 11,940 were prevented from being involved in it. It also notes that, between September 2006 and March 2007, some 92 child victims of trafficking were withdrawn from this worst form of child labour and received educational or training services. 

Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and assisting the removal of children from these worst forms. 1. Trafficking of children. Referring to its previous comments, the Committee takes due note of the information provided by the Government in its report concerning the implementation of the LUTRENA programme in the country. It notes in particular that, in the context of this programme, training activities with regard to combating the trafficking of children have been undertaken with the social partners, labour inspectors and the general public, including children and their families; more than 632 children have benefited from the project and from educational support. The Committee requests the Government to continue to supply information on the measures taken in the context of the implementation of the LUTRENA programme to prevent young persons under 18 years of age from being victims of the sale or trafficking of children. In addition, it asks the Government to provide information on: (1) the number and location of reception centres which have been set up in the country to cater for child victims of trafficking; (2) programmes providing specific medico-social monitoring which have been drawn up and implemented for child victims of trafficking.

2. Project for small-scale gold mines in West Africa. The Committee notes that Burkina Faso is participating in the ILO/IPEC project entitled “Prevention and elimination of child labour in artisanal gold mining in West Africa
(2005–08)”, in which Mali and Niger are also taking part. The specific objective of the project is to remove children from gold mines, while establishing structures to prevent child labour, and to support local activities, particularly those aimed at enhancing the safety and boosting the income of adults working in the mines. The Committee notes that, according to the information in the 2007 ILO/IPEC activity report on the project in small-scale gold mines, more than 240 children had been prevented from being employed in hazardous work in the gold mines and were receiving school education. The Committee requests the Government to provide information on the measures taken under the ILO/IPEC project in small-scale gold mines to: (a) prevent children from being engaged in hazardous work in the mines; and (b) provide the necessary and appropriate direct assistance for the removal of children from this worst form of child labour and to ensure their rehabilitation and social integration. The Committee also requests the Government to provide information on the results obtained.

Clause (e). Taking account of the special situation of girls. The Committee notes that, according to ILO/IPEC–LUTRENA information, internal trafficking, which accounts for 70 per cent of cases, mainly concerns girls who work as servants or as hawkers in the streets of the big cities in the country. It observes that girls, particularly those employed in domestic work, are often the victims of exploitation, which takes on very diverse forms, and it is difficult to monitor their conditions of employment because of the unauthorized nature of the work. The Committee urges the Government to renew its efforts to protect girls, particularly against economic and sexual exploitation, and requests it to provide information on the measures taken in this regard in the context of the LUTRENA programme.

Article 8. International cooperation and assistance. 1. Regional cooperation. Referring to its previous comments, the Committee notes that, apart from the bilateral cooperation agreement on the cross-border trafficking of children signed with Mali, Burkina Faso in 2005 signed the multilateral cooperation agreement on combating the trafficking of children in West Africa and in 2006, the Abuja multilateral cooperation agreement. With regard to the agreement between Mali and Burkina Faso, the Committee notes the Government’s information to the effect that 22 Malian children have been intercepted and repatriated to Mali. The Committee asks the Government to continue providing information on the implementation of the agreements and indicate whether the information exchanges with the other signatory countries have made it possible to: (1) apprehend and arrest persons operating in networks engaged in the trafficking of children; and (2) detect and intercept child victims of trafficking in the border areas.

2. Poverty elimination. With reference to its previous comments, the Committee notes the draft Decent Work Country Programme for Burkina Faso. It notes that the problems connected with child labour form part of the priorities of this country programme, including child labour in rural areas and in mines, and that the Government intends to take measures aimed at eliminating child labour in the context of poverty reduction. Noting that poverty reduction programmes contribute to breaking the poverty cycle, which is essential for the elimination of the worst forms of child labour, the Committee requests the Government to provide information on the measures taken in the context of implementation of the country programme to eliminate the worst forms of child labour, particularly as regards the actual reduction of poverty among child victims of sale and trafficking, of forced begging and also of hazardous work in mines and quarries.

Part III of the report form. Court decisions. The Committee requested the Government to supply copies of court decisions further to the adoption of the Act of 27 May 2003 on the trafficking of children. In this respect, it notes the Government’s indication that information would be sent subsequently to the Office. In view of the information provided by the Government on the number of prosecutions and convictions since the adoption and implementation of Act No. 038-2003/AN of 27 May 2003 defining and repressing the trafficking of children, the Committee hopes that the Government will be able to supply copies of these court decisions  in its next report.

In addition, the Committee is raising a number of other points in a direct request to the Government.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 3. The worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Forced or compulsory recruitment of children for use in armed conflict. The Committee notes that, under the terms of article 10 of the Constitution, all citizens have the duty to contribute to the defence and maintenance of the integrity of the territory. They are under the obligation to perform national service when it is required. The Committee requests the Government to provide information on the age of recruitment into the armed forces and to provide copies of the relevant provisions.

Clause (b). The use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes that the Government’s report does not contain any information on this subject. However, it notes that section 12 of Order No. 539/ITLS/HV, of 29 July 1954, respecting child labour, provides thfsat it is prohibited to employ young persons in the production, handling or sale of written or printed texts, posters, drawings, engravings, paintings, signs, images or other objects the sale, offering, exhibition, posting or distribution of which are such as to be harmful to their morals or exert an unwanted influence upon them. Section 13 of the Order prohibits the employment of young persons in any type of work in premises in which the types of work enumerated in section 12 are carried on. However, the Committee reminds the Government that Article 3(b) of the Convention considers the use, procuring or offering of a child for the production of pornography or for pornographic performances as one of the worst forms of child labour. It would appear that no provision in the legislation prohibits this worst form of child labour. In this regard, the Committee draws the Government’s attention to Article 1 of the Convention which requires that immediate measures be taken to prohibit the worst forms of child labour. The Committee therefore requests the Government to indicate the measures adopted to secure the prohibition of this worst form of child labour in respect of all persons under 18 years of age.

Clause (c). Use, procuring or offering of a child for illicit activities. The production and trafficking of drugs. The Committee notes that the Government’s report does not contain any information on this subject. However, it notes that section 439 of the Penal Code prohibits the production, manufacture, transport, import, export, possession, offering, cession, acquisition and use of drugs, and that sections 441, 442, 444, 445 and 446 of the Penal Code provide that those committing such offences shall be penalized. Nevertheless, the Committee notes that it would appear that no provision prohibits the use, procuring or offering of a young person under 18 years of age for illicit activities, in particular for the production and trafficking of drugs. It therefore requests the Government to indicate whether such a prohibition exists, in accordance with Article 3(c) of the Convention. If not, it requests the Government to indicate the measures adopted or envisaged to prohibit this worst form of child labour in respect of all persons under 18 years of age. In this regard, the Committee draws the Government’s attention to Article 1 which requires that immediate measures be taken to prohibit the worst forms of child labour.

Clause (d). Self-employed workers. The Committee notes that, under the terms of section 1, the Labour Code applies to workers and employers exercising their occupational activity in Burkina Faso, and that section 1(2) of the Labour Code defines a worker as any person who has undertaken to place their occupational activity, in exchange for remuneration, under the direction and authority of an individual or association, whether public or private, known as the employer. The Committee notes that, under the terms of these provisions, the Labour Code does not apply to work by children on their own account. It therefore requests the Government to indicate the measures adopted or envisaged to ensure the protection of children engaged in non-wage economic activities, such as children working on their own account, against being engaged in types of work which, by their nature or the circumstances in which they are carried out, are likely to harm their health, safety or morals.

Article 4, paragraph 1. Determination of types of hazardous work. The Committee notes the information provided by the Government that Order No. 539/ITLS/HV, of 29 July 1954, respecting child labour, determines in Title II the types of work that are hazardous for their morals, which exceed their strength and which are dangerous and are therefore prohibited for young persons. It notes that this text contains a Schedule A, listing types of work that are prohibited for young persons under 18 years of age. The schedule prohibits, among others, work involving the handling of electrical accumulators, fertilizers, explosives and the sharpening and polishing of metals. The Committee notes the Government’s indication in the report provided in 2001 under article 22 of the Constitution of the ILO on the Minimum Age Convention, 1973 (No. 138), that Order No. 539 of 29 January 1954 would be revised to take into account the requirements of the Convention. The Committee accordingly draws the Government’s attention to Article 4, paragraph 1, of Convention No. 182, which provides that the types of work referred to under Article 3(d) must be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). Paragraph 3 of the Recommendation indicates that, in determining the types of work referred to under Article 3(d) of the Convention, and in identifying where they exist, consideration should be given, inter alia, to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, underwater, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in an unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels, or vibrations damaging to their health; and (e) work under particularly difficult conditions, such as work for long hours or during the night, or work where the child is unreasonably confined to the premises of the employer. The Committee hopes that a new list of types of hazardous work will be adopted rapidly and requests the Government to provide a copy once it has been adopted, after consultation with the organizations of employers and workers concerned, in accordance with Articles 3(d) and 4, paragraph 1, of the Convention. When determining the types of hazardous work, the Committee hopes that the Government will take into consideration the types of work enumerated in Paragraph 3 of Recommendation No. 190.

Article 4, paragraph 2. Identification of where types of hazardous work exist. The Committee notes that, according to the information available to the Office, a national workshop was organized on 26 and 27 August 2004 by the Ministry of Labour, Employment and Youth with a view to identifying the worst forms of child labour. The Committee requests the Government to provide information on the conclusions of the workshop.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. The Committee notes that article 18 of the Constitution provides that education, instruction, training (...) constitute social and cultural rights recognized by the present Constitution which is intended to promote them. Article 27 of the Constitution provides that all citizens have the right to instruction. It also notes the adoption of Framework Education Act No. 13/96/ADP of 19 May 1996. This fundamental Act sets out the major orientations relating to school and vocational training and determines the structure of the education system and the various levels of teaching. The Committee further notes that the Ten-Year Plan for the Development of Basic Education (2001-10) provides for an increase in the rate of primary school enrolment from 41 per cent in 2000 to 70 per cent in 2010 and that, at the same time, the Government envisages increasing the proportion of the budget devoted to education from 21.6 per cent in 2000 to 26 per cent in 2010, with 60 per cent of this amount being allocated to primary education. It notes that the gross school enrolment rate was 47.50 per cent in 2002-03. The Committee further notes that the Committee on the Rights of the Child, in its concluding observations in October 2002 (CRC/C/15/Add.193, paragraph 50), noted with appreciation the increase of budget allocations for education and the focus placed on education in the Poverty Reduction Strategy Paper and the creation of “satellite schools”. However, the Committee on the Rights of the Child expressed deep concern at the high illiteracy rate, particularly among women, the lack of pre-school education, the still low enrolment in primary and secondary education, the very high percentage of drop-outs in primary education, the low quality of education, the high teacher-pupil ratio, the very low percentage of children who complete primary education and the important regional disparities. The Committee of Experts notes that the Committee on the Rights of the Child expressed concern that primary education is not totally free and that parents still have to pay for school supplies. It notes the information provided by the Government in its report to the Committee on the Rights of the Child in 2002, according to which the extension up to 16 of the age of completion of compulsory schooling by the Framework Education Act has not in practice appeared to have a real impact on the promotion of the educational system, from which 60 per cent of children of school age are excluded for various reasons, including poverty, the precarious living conditions of their parents, the inadequacy of infrastructure and school buildings. The Committee notes that the Government deplores the fact that certain children who have access to school are sent home, among other reasons for the non-payment of school fees, despite the prohibition in law of the exclusion of children before the age of 16 years. It also notes, according to the national report on the development of education (page 12, paragraph 1.2.2), that provinces with a low rate of school enrolment benefit from investment programmes with a view to improving their gross school enrolment rate. Considering that education contributes to the elimination of the worst forms of child labour, the Committee hopes that the Government will pursue its efforts to improve the educational system. It requests the Government to provide information on the effective and time-bound measures taken in this regard to prevent the engagement of children in the worst forms of child labour.

Clause (d). Identifying and reaching out to children at special risk. 1. HIV/AIDS. The Committee observes that HIV/AIDS has consequences for orphans who are at greater risk of being engaged in the worst forms of child labour. It notes, according to the information provided by the Government in its report submitted to the Committee on the Rights of the Child in 2002 (CRC/C/65/Add.18, paragraph 290), that the HIV/AIDS rate was estimated at 7 per cent in 1999, making Burkina Faso one of the three worst affected countries in West Africa. It further notes that the average annual progression of the rate of infection was 139 per cent a year between 1986 and 1997. It notes that a National Anti-AIDS Committee has been established focusing, among other objectives, on orphans. The Committee requests the Government to provide information on the impact of this programme and of other effective and time-bound measures adopted to improve the situation of these children.

2. Street children. The Committee notes, according to the information provided by the Government in its written replies to the Committee on the Rights of the Child in 2002 (CRC/C/RESP/18, page 28), that 24 per cent of street children are between 7 and 12 years of age and that 62 per cent of them are between 13 and 18 years, distributed approximately evenly between girls and boys, and that 43 per cent of street children beg. It also notes the pilot project established with UNICEF and NGOs to combat the problem of street children. It further notes that the Committee on the Rights of the Child, in its concluding observations in October 2002, expressed concern at the increasing number of children living in the streets and the absence of a global and systematic strategy to address this situation and provide these children with the necessary assistance. The Committee requests the Government to provide information on the effective and time-bound measures adopted to reach out to these children and the impact of these measures.

Clause (e). Taking account of the special situation of girls. The Committee notes certain programmes of action carried out in the context of the National Programme to Combat Child Labour, such as the programme of “support and assistance for young girls working in the informal sector” in Ouagadougou; the “socio-educational action for young girls in rural areas” in the provinces of Bazèga, Bulkiemdé, Oubritenga and Kadiogo; and the prevention and training measures to combat domestic work by girls in Ouagadougou. It also notes that, according to the national report on the development of education in Burkina Faso of June 2004 (page 12, paragraph 1.2.2), that incentives in basic education, such as the coverage of school fees by the State, are intended to encourage school attendance by girls. The Committee requests the Government to provide information on the impact of these measures in protecting girls against the worst forms of child labour.

Article 7, paragraph 3. Designation of the competent authority responsible for the implementation of the provisions giving effect to the Convention. The Committee notes the Government’s indication that the competent authority responsible for the implementation of the measures giving effect to the Convention are the Ministry of Labour, Employment and Youth and the Ministry of Social Action and National Solidarity. It further notes that, under section 218 of the Labour Code, the labour inspectorate, under the authority of the Minister of Labour, is responsible for all matters relating to the conditions of workers and supervises the application of the measures adopted in relation to work and the protection of workers. The territorial inspector of labour and labour laws is explicitly responsible for the enforcement of Order No. 539/ITLC/HV, of 29 July 1954, respecting child labour, under the terms of section 38 of the Order. The Committee notes section 222 of the Labour Code, which establishes the powers of labour inspectors: they may enter freely for the purposes of inspection any workplace liable to inspection, without previous notice at any hour of the day; enter by night any premises in which they may have a reasonable cause to believe that persons covered by the present Act are engaged; to require, where necessary, the opinions and advice of doctors and technicians, and to be accompanied in their visits by staff delegates of the enterprise inspected and doctors; and to carry out any examination, test or inquiry which they may consider necessary in order to satisfy themselves that the legal provisions applicable are being strictly observed. The Committee notes that in its last observation on the Labour Inspection Convention, 1947 (No. 81), in 2001, it noted that, according to the Government, the constraints relating to human and material resources preventing intervention by the inspection services in this field [child labour] were being progressively reduced. The Committee indicated that it hoped that every measure would be taken to enable labour inspectors to participate actively in combating unlawful work by children and in bringing the situation in the country in this respect to the knowledge of the competent authorities. The Committee requests the Government to provide information on the action taken by labour inspectors in practice to combat the worst forms of child labour. It also requests the Government to provide additional information on the activities of the labour inspectorate and to indicate the appropriate mechanisms that it has established to enforce the implementation of the provisions of the Convention, and their impact on the elimination of the worst forms of child labour.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes the Government’s indication that appreciable assistance is being provided by IPEC in the context of the implementation of the Convention. However, it notes the absence of statistics from the Government’s report. The Committee further notes the information provided by the Government in its last report, according to which a study on child labour in metallurgy is envisaged. It therefore requests the Government to provide statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. In its previous comments, the Committee noted concordant information from various sources that the cases of the trafficking of persons for the exploitation of their labour concern a significant number of children in Burkina Faso with the objective of utilizing child labour, particularly in agriculture. It noted that, according to the information contained in the ILO’s Global Report “Stop forced labour” of 2001 (paragraph 57), children from Burkina Faso are obliged to work in plantations in Côte d’Ivoire and that Burkina Faso is, at the same time, a provider, a receiving country and a transit country. It noted that intermediaries, who operate from Côte d’Ivoire, have children delivered to them by other intermediaries operating in Burkina Faso (summary report of the subregional project of the International Programme on the Elimination of Child Labour (ILO/IPEC, 2001) “Combating child trafficking for labour exploitation in West and Central Africa”, page 9).

The Committee notes that Act No. 038-2003/AN, defining and repressing the trafficking of children, was adopted on 27 May 2003. It notes that section 1 of the Act provides that a child is any human being aged under 18 years. Section 3 provides that the trafficking of children shall be deemed to be any act through which a child is procured, transported, removed, lodged or received within or outside the territory of Burkina Faso by one or more traffickers through threats and intimidation, force or other forms of constraint, deception, subterfuge or deceit, abuse of power, or exploitation of the situation of vulnerability of a child or, through offering or receiving of remuneration to obtain the consent of a person exercising control over the child for the purposes of economic or sexual exploitation, unlawful adoption, premature or forced matrimony or any other purpose prejudicial to the health, physical and mental development and well-being of the child. The Committee notes that the same penalties are applicable to any person who, having knowledge of a case of the trafficking of a child or children or having discovered a person under 18 years of age under the above conditions, has not immediately notified the administrative or judiciary authorities or any person capable of preventing it from occurring. The Committee requests the Government to provide information on the application of the above provisions in practice.

Article 5. Monitoring mechanisms. The Committee notes the Government’s indication that vigilance and supervision committees have been established by the Ministry of Social Action and National Solidarity. It further notes that these committees also include state officials, namely the police, the gendarmerie, customs, social workers, labour inspectors and representatives of civil society. The Committee requests the Government to provide information on the activities of these vigilance and supervision committees, particularly by providing extracts of reports or documents and indicating the results achieved by these committees in terms of preventing the trafficking of young persons under 18 years of age for economic exploitation.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes that Burkina Faso is participating in the ILO/IPEC LUTRENA (Combating the trafficking in children for labour exploitation in West and Central Africa) programme, which covers nine countries: Benin, Burkina Faso, Cameroon, Côte d’Ivoire, Gabon, Ghana, Mali, Nigeria and Togo. It notes, according to the information available, that the Government, with other actors who are essential to combat the trafficking of children, has prepared a draft National Plan of Action against the Trafficking of Children. It appears that this Plan is due to be approved in the coming months. The Committee requests the Government to provide information on the adoption and implementation of this National Plan of Action.

The Committee also notes that the ILO/IPEC Red Card Programme for the promotion of information and awareness-raising action at the national level at the various matches of the championship has been introduced in Burkina Faso. The Committee further notes that ILO/IPEC has launched a new initiative based on education and social mobilization, namely “SCREAM (Supporting Children’s Rights through Education, the Arts and the Media) Stop Child Labour!” with a view to helping educators worldwide promote understanding and awareness among child labour among young people. This initiative is also intended to raise awareness of school children and strengthen their capacity to educate and inform their peers and families so as to have an impact on their own communities. The Committee requests the Government to continue providing information on the implementation of these programmes of action.

Article 7, paragraph 2. Effective and time-bound measures. Clause (b). Removing children from the worst forms of child labour and securing their rehabilitation and social integration. The Committee notes from the information contained in the ILO/IPEC synthesis report of 2000 for the LUTRENA programme against trafficking (page 22), that studies have shown that children from Burkina Faso are transferred to Benin through Togo. The Committee notes that, according to the same report (page 9), the police intercepted five children leaving for Côte d’Ivoire in 1996; the same services discovered eight children from Burkina Faso in Divo in Côte d’Ivoire in 1999, 12 in Germany who were leaving for Italy and two children sent to Ghana. It also notes that 27 abductions of children have been reported, ten of whom were found in Nigeria and 17 in Côte d’Ivoire. It further observes that in March 2000 a convoy was intercepted leaving for Côte d’Ivoire with 22 young persons aged between 14 and 20 years. The Committee notes that, according to the same summary report, 116 children working in the informal economy were interviewed and that they work as itinerant traders, domestic workers and in agriculture and prostitution. Many of them are girls, aged between 12 and 17 years; 45 per cent of these young persons are illiterate, 49 per cent of them had reached the level of primary school and only 6 per cent had entered secondary school. It notes that in July 2004, five children from Burkina Faso, victims of trafficking for economic exploitation in cotton plantations, were repatriated to their families by the vigilance and supervision committee. The Committee notes that 250 children have been withdrawn from trafficking and rehabilitated in Burkina Faso since the beginning of the LUTRENA programme. It further notes that the LUTRENA programme has coordinated the organization of training modules for the security forces (particularly the police) on measures to combat the trafficking of children. The Committee requests the Government to provide information on the impact of the LUTRENA programme in removing children from trafficking and providing for their rehabilitation and social integration.

Article 8. Enhanced international cooperation and assistance. l.  International cooperation. The Committee notes that Burkina Faso is a member of Interpol, the organization which assists in cooperation between countries in the various regions, particularly to combat the trafficking of children. It also notes that Burkina Faso ratified the Convention on the Rights of the Child in August 1990 and that it signed the Optional Protocol on the sale of children, child prostitution and child pornography in November 2001. It further notes the Government’s indication in the report submitted to the Committee on the Rights of the Child in 2002 (CRC/C/65/Add.18, paragraph 482) that the principle of extraterritoriality is the subject of judicial agreements between Burkina Faso and France, and between Burkina Faso and 11 African countries.

2. Regional cooperation. The Committee notes that a cooperation agreement was signed on 25 June 2004 between the Republic of Mali and Burkina Faso concerning the transboundary trafficking of children. This agreement was made possible through the assistance of the LUTRENA programme, UNICEF and Save the Children Canada. The Committee requests the Government to provide information on the implementation of this agreement and on the results achieved in relation to the trafficking of children between Burkina Faso and Mali.

3. Poverty elimination. The Committee notes that a Poverty Reduction Strategy Paper was formulated in June 2000 and that, according to this Paper, Burkina Faso is one of the poorest countries in the world. The plan of action envisaged in the Paper is focussed on three areas: health, education and rural development. Noting that poverty reduction programmes contribute to breaking the poverty cycle, which is essential for the elimination of the worst forms of child labour, the Committee requests the Government to provide information on the impact of this development aid on the elimination of the worst forms of child labour, with particular reference to the trafficking of children.

Part III of the report form. Court decisions. The Committee notes three decisions by the High Court in Fada N’Gourma (Nos. 152, 153 and 165), dated 13 June 2001 and 29 May 2002. It notes that in these cases individuals were intercepted when they were transporting young persons and planned to make them work in their plantation in Benin, without the agreement of their parents. In these three cases, the Committee notes that the Court reclassified the charges to the abduction of minors, which constitutes an offence under section 402 of the Penal Code and is punishable by a sentence of imprisonment of from one to five years and a fine of from 300,000 to 1,500,000 CFA francs. However, the Committee notes that the existence of attenuating circumstances allowed the Court to apply the provisions of section 81(2) of the Penal Code in the three cases in its ruling of June 2001 and only to convict the defendants in one case to one month of imprisonment and the two other defendants to suspended sentences of six months of imprisonment and a fine of 50,000 CFA francs in May 2002. The Committee once again requests the Government to indicate the nature of the attenuating circumstances accepted by the Court, to indicate whether these sentences have been served by those who committed the offence and whether court decisions have since been made under the new Act of 27 May 2003 on the trafficking of children. If so, the Committee requests the Government to provide copies of these decisions.

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

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s first and second reports. The Committee requests the Government to provide information on the following points.

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. The Committee notes the information provided by the Government to the effect that a Memorandum of Understanding (MOU) was signed in February 1999 between ILO/IPEC and the Government and was officially launched in October 1999. The Committee requests the Government to continue providing information on the measures adopted and to indicate the impact of these measures on the prohibition and elimination of the worst forms of child labour.

Article 3. The worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Forced or compulsory labour. The Committee notes that article 2 of the Constitution provides that slavery, slavery-like practices (...) and all forms of degradation of human beings are prohibited and punished by the law. It also notes that, under section 2 of the Labour Code, forced or compulsory labour is subject to an absolute prohibition and that the term "forced labour" means any work or service exacted from a person under the menace of any penalty and for which that person has not offered her or himself voluntarily. The Committee notes that section 2 provides for several exceptions under which work or services could be required, but specifies that in any case they may only be required from able-bodied adults whose age is not presumed to be lower than 18 years.

2. Forced or compulsory recruitment of children for use in armed conflict. The Committee notes that, under the terms of article 10 of the Constitution, all citizens have the duty to contribute to the defence and maintenance of the integrity of the territory. They are under the obligation to perform national service when it is required. The Committee requests the Government to provide information on the age of recruitment into the armed forces and to provide copies of the relevant provisions.

Clause (b). 1. The use, procuring or offering of a child for prostitution. The Committee notes that section 422 of the Penal Code provides for the punishment of any person who habitually incites young persons of between 13 and 18 years of age of either sex, or even occasionally young persons under 13 years of age, to engage in debauchery or facilitates their corruption. Section 424 provides that any person is considered to be a procurer who knowingly aids, abets or protects the prostitution of another person or soliciting with a view to prostitution; procures, removes or maintains, even with consent, any person with a view to prostitution or engages that person in prostitution or debauchery; acts as an intermediary in any manner whatsoever between persons engaged in prostitution or debauchery and individuals who exploit or remunerate the prostitution or debauchery of others.

2. The use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes that the Government’s report does not contain any information on this subject. However, it notes that section 12 of Order No. 539/ITLS/HV, of 29 July 1954, respecting child labour, provides that it is prohibited to employ young persons in the production, handling or sale of written or printed texts, posters, drawings, engravings, paintings, signs, images or other objects the sale, offering, exhibition, posting or distribution of which are such as to be harmful to their morals or exert an unwanted influence upon them. Section 13 of the Order prohibits the employment of young persons in any type of work in premises in which the types of work enumerated in section 12 are carried on. However, the Committee reminds the Government that Article 3(b) of the Convention considers the use, procuring or offering of a child for the production of pornography or for pornographic performances as one of the worst forms of child labour. It would appear that no provision in the legislation prohibits this worst form of child labour. In this regard, the Committee draws the Government’s attention to Article 1 of the Convention which requires that immediate measures be taken to prohibit the worst forms of child labour. The Committee therefore requests the Government to indicate the measures adopted to secure the prohibition of this worst form of child labour in respect of all persons under 18 years of age.

Clause (c). The use, procuring or offering of a child for illicit activities. 1. The production and trafficking of drugs. The Committee notes that the Government’s report does not contain any information on this subject. However, it notes that section 439 of the Penal Code prohibits the production, manufacture, transport, import, export, possession, offering, cession, acquisition and use of drugs, and that sections 441, 442, 444, 445 and 446 of the Penal Code provide that those committing such offences shall be penalized. Nevertheless, the Committee notes that it would appear that no provision prohibits the use, procuring or offering of a young person under 18 years of age for illicit activities, in particular for the production and trafficking of drugs. It therefore requests the Government to indicate whether such a prohibition exists, in accordance with Article 3(c) of the Convention. If not, it requests the Government to indicate the measures adopted or envisaged to prohibit this worst form of child labour in respect of all persons under 18 years of age. In this regard, the Committee draws the Government’s attention to Article 1 which requires that immediate measures be taken to prohibit the worst forms of child labour.

2. Begging. The Committee further notes that section 244 of the Labour Code penalizes persons who employ or encourage other persons to beg, and that section 245 of the Labour Code provides for augmented penalties for any person who, while exercising authority over the young person, exposes said person to delinquency or transfers her or him to individuals who encourage or employ said person in begging.

Clause (d). Hazardous work. The Committee notes that section 87 of the Labour Code provides that a decree issued by the Council of Ministers, following an opinion by the Advisory Labour Commission, shall determine the nature of the work and the categories of enterprises that are prohibited for young persons and the age up to which this prohibition applies. It also notes that section 1 of Order No. 539/ITLS/HV, of 29 July 1954, respecting child labour provides that in establishments of any nature whatsoever, whether they be agricultural, commercial or industrial, public or private, lay or religious, even where such establishments are engaged in vocational teaching or welfare, including family enterprises or in private homes, it shall be prohibited to employ young persons of either sex who are aged under 18 years of age on work which is in excess of their strength, gives rise to risks of danger or which, by its nature or the circumstances in which it is carried out, is likely to harm their morals. It also notes that section 88 of the Labour Code provides that the labour inspector may require young persons to be examined by an approved doctor, with a view to ascertaining whether the work with which they are entrusted is not in excess of their strength. Such an examination shall be compulsory at the request of the persons concerned. Section 88(2) provides that a young person may not be maintained in a job recognized as being beyond the young person’s strength.

Self-employed workers. The Committee notes that, under the terms of section 1, the Labour Code applies to workers and employers exercising their occupational activity in Burkina Faso, and that section 1(2) of the Labour Code defines a worker as any person who has undertaken to place their occupational activity, in exchange for remuneration, under the direction and authority of an individual or association, whether public or private, known as the employer. The Committee notes that, under the terms of these provisions, the Labour Code does not apply to work by children on their own account. It therefore requests the Government to indicate the measures adopted or envisaged to ensure the protection of children engaged in non-wage economic activities, such as children working on their own account, against being engaged in types of work which, by their nature or the circumstances in which they are carried out, are likely to harm their health, safety or morals.

Article 4, paragraph 1. Determination of types of hazardous work. The Committee notes the information provided by the Government that Order No. 539/ITLS/HV, of 29 July 1954, respecting child labour, determines in Title II the types of work that are hazardous for their morals, which exceed their strength and which are dangerous and are therefore prohibited for young persons. It notes that this text contains a Schedule A, listing types of work that are prohibited for young persons under 18 years of age. The schedule prohibits, among others, work involving the handling of electrical accumulators, fertilizers, explosives and the sharpening and polishing of metals. The Committee notes the Government’s indication in the report provided in 2001 under article 22 of the Constitution of the ILO on the Minimum Age Convention, 1973 (No. 138), that Order No. 539 of 29 January 1954 would be revised to take into account the requirements of the Convention. The Committee accordingly draws the Government’s attention to Article 4, paragraph 1, of Convention No. 182, which provides that the types of work referred to under Article 3(d) must be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). Paragraph 3 of the Recommendation indicates that, in determining the types of work referred to under Article 3(d) of the Convention, and in identifying where they exist, consideration should be given, inter alia, to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, underwater, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in an unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels, or vibrations damaging to their health; and (e) work under particularly difficult conditions, such as work for long hours or during the night, or work where the child is unreasonably confined to the premises of the employer. The Committee hopes that a new list of types of hazardous work will be adopted rapidly and requests the Government to provide a copy once it has been adopted, after consultation with the organizations of employers and workers concerned, in accordance with Articles 3(d) and 4, paragraph 1, of the Convention. When determining the types of hazardous work, the Committee hopes that the Government will take into consideration the types of work enumerated in Paragraph 3 of Recommendation No. 190.

Article 4, paragraph 2. Identification of where types of hazardous work exist. The Committee notes that, according to the information available to the Office, a national workshop was organized on 26 and 27 August 2004 by the Ministry of Labour, Employment and Youth with a view to identifying the worst forms of child labour. The Committee requests the Government to provide information on the conclusions of the workshop.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes that, according to the information provided by the Government, a National Programme to Combat Child Labour was launched in October 1999 in cooperation with ILO/IPEC. This programme forms part of a progressive strategy to achieve tangible results in the short and medium term. The Committee notes that this approach is intended, among other objectives, to abolish child labour in the most hazardous activities and to provide children with viable alternatives, and to raise the awareness of key actors while reinforcing their capacities for intervention. It also notes that the National Programme to Combat Child Labour has organized three training seminars and implemented 13 programmes of action. The three training seminars include the training of trade union representatives, employers and the State, and labour inspectors and controllers. The programmes of action include the following: improvement of the living and working conditions of children working in two gold-bearing sites in the Sahel in Burkina Faso; support and assistance to child workers in high-risk trades in the informal economy in Ouagadougou; combating child labour in the rural areas of Karséguéra through prevention, non-formal education and vocational training; and support for the removal of 150 children working in the quarry in Pissy (Province of Kadiogo).

Article 7, paragraph 1. Penalties. The Committee notes that section 238 of the Labour Code establishes a fine of between 50,000 and 300,000 CFA francs and a sentence of imprisonment of between one month and three years, or only one of these two penalties, and, in the case of repeat offences, a fine of between 300,000 and 600,000 CFA francs and a sentence of imprisonment of from two months to five years, or only one of these two penalties, for those guilty of infringements of the provisions of section 2 of the Labour Code, which prohibits forced labour. It further notes that section 244 of the Penal Code establishes a sentence of imprisonment of from three months to one year for any person who incites or employs other persons in begging. Section 245 of the Penal Code establishes a penalty of imprisonment of between six months and two years for any person who, exercising authority over a young person, exposes said person to delinquency or hands her or him over to individuals who incite or employ her or him in begging. The Committee also notes that section 422 of the Penal Code provides that any person whatsoever who habitually incites young persons between 13 and 18 years of age of either sex, or even occasionally young persons under 13 years of age, to engage in debauchery or facilitates their corruption, shall be penalized by a sentence of imprisonment of from two to five years and a fine of from 600,000 to 1,500,000 CFA francs. It further notes that, under section 237 of the Labour Code, any person found guilty of violations of Order No. 539 respecting hazardous types of work prohibited for young persons under 18 years of age shall be liable to a fine of between 5,000 and 50,000 CFA francs and a sentence of imprisonment of between three and 15 days, or to one of these penalties only, and, in the case of repeat offences, to a fine of between 50,000 and 100,000 CFA francs and a sentence of imprisonment of between two weeks and one month, or to one of these penalties only. The Committee requests the Government to provide information on the application of these penalties in practice.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. The Committee notes that article 18 of the Constitution provides that education, instruction, training (...) constitute social and cultural rights recognized by the present Constitution which is intended to promote them. Article 27 of the Constitution provides that all citizens have the right to instruction. It also notes the adoption of Framework Education Act No. 13/96/ADP of 19 May 1996. This fundamental Act sets out the major orientations relating to school and vocational training and determines the structure of the education system and the various levels of teaching. The Committee further notes that the Ten-Year Plan for the Development of Basic Education (2001-10) provides for an increase in the rate of primary school enrolment from 41 per cent in 2000 to 70 per cent in 2010 and that, at the same time, the Government envisages increasing the proportion of the budget devoted to education from 21.6 per cent in 2000 to 26 per cent in 2010, with 60 per cent of this amount being allocated to primary education. It notes that the gross school enrolment rate was 47.50 per cent in 2002-03. The Committee further notes that the Committee on the Rights of the Child, in its concluding observations in October 2002 (CRC/C/15/Add.193, paragraph 50), noted with appreciation the increase of budget allocations for education and the focus placed on education in the Poverty Reduction Strategy Paper and the creation of "satellite schools". However, the Committee on the Rights of the Child expressed deep concern at the high illiteracy rate, particularly among women, the lack of pre-school education, the still low enrolment in primary and secondary education, the very high percentage of drop-outs in primary education, the low quality of education, the high teacher-pupil ratio, the very low percentage of children who complete primary education and the important regional disparities. The Committee of Experts notes that the Committee on the Rights of the Child expressed concern that primary education is not totally free and that parents still have to pay for school supplies. It notes the information provided by the Government in its report to the Committee on the Rights of the Child in 2002, according to which the extension up to 16 of the age of completion of compulsory schooling by the Framework Education Act has not in practice appeared to have a real impact on the promotion of the educational system, from which 60 per cent of children of school age are excluded for various reasons, including poverty, the precarious living conditions of their parents, the inadequacy of infrastructure and school buildings. The Committee notes that the Government deplores the fact that certain children who have access to school are sent home, among other reasons for the non-payment of school fees, despite the prohibition in law of the exclusion of children before the age of 16 years. It also notes, according to the national report on the development of education (page 12, paragraph 1.2.2), that provinces with a low rate of school enrolment benefit from investment programmes with a view to improving their gross school enrolment rate. Considering that education contributes to the elimination of the worst forms of child labour, the Committee hopes that the Government will pursue its efforts to improve the educational system. It requests the Government to provide information on the effective and time-bound measures taken in this regard to prevent the engagement of children in the worst forms of child labour.

Clause (d). Identifying and reaching out to children at special risk. 1. HIV/AIDS. The Committee observes that HIV/AIDS has consequences for orphans who are at greater risk of being engaged in the worst forms of child labour. It notes, according to the information provided by the Government in its report submitted to the Committee on the Rights of the Child in 2002 (CRC/C/65/Add.18, paragraph 290), that the HIV/AIDS rate was estimated at 7 per cent in 1999, making Burkina Faso one of the three worst affected countries in West Africa. It further notes that the average annual progression of the rate of infection was 139 per cent a year between 1986 and 1997. It notes that a National Anti-AIDS Committee has been established focusing, among other objectives, on orphans. The Committee requests the Government to provide information on the impact of this programme and of other effective and time-bound measures adopted to improve the situation of these children.

2. Street children. The Committee notes, according to the information provided by the Government in its written replies to the Committee on the Rights of the Child in 2002 (CRC/C/RESP/18, page 28), that 24 per cent of street children are between 7 and 12 years of age and that 62 per cent of them are between 13 and 18 years, distributed approximately evenly between girls and boys, and that 43 per cent of street children beg. It also notes the pilot project established with UNICEF and NGOs to combat the problem of street children. It further notes that the Committee on the Rights of the Child, in its concluding observations in October 2002, expressed concern at the increasing number of children living in the streets and the absence of a global and systematic strategy to address this situation and provide these children with the necessary assistance. The Committee requests the Government to provide information on the effective and time-bound measures adopted to reach out to these children and the impact of these measures.

Clause (e). Taking account of the special situation of girls. The Committee notes certain programmes of action carried out in the context of the National Programme to Combat Child Labour, such as the programme of "support and assistance for young girls working in the informal sector" in Ouagadougou; the "socio-educational action for young girls in rural areas" in the provinces of Bazèga, Bulkiemdé, Oubritenga and Kadiogo; and the prevention and training measures to combat domestic work by girls in Ouagadougou. It also notes that, according to the national report on the development of education in Burkina Faso of June 2004 (page 12, paragraph 1.2.2), that incentives in basic education, such as the coverage of school fees by the State, are intended to encourage school attendance by girls. The Committee requests the Government to provide information on the impact of these measures in protecting girls against the worst forms of child labour.

Article 7, paragraph 3. Designation of the competent authority responsible for the implementation of the provisions giving effect to the Convention. The Committee notes the Government’s indication that the competent authority responsible for the implementation of the measures giving effect to the Convention are the Ministry of Labour, Employment and Youth and the Ministry of Social Action and National Solidarity. It further notes that, under section 218 of the Labour Code, the labour inspectorate, under the authority of the Minister of Labour, is responsible for all matters relating to the conditions of workers and supervises the application of the measures adopted in relation to work and the protection of workers. The territorial inspector of labour and labour laws is explicitly responsible for the enforcement of Order No. 539/ITLC/HV, of 29 July 1954, respecting child labour, under the terms of section 38 of the Order. The Committee notes section 222 of the Labour Code, which establishes the powers of labour inspectors: they may enter freely for the purposes of inspection any workplace liable to inspection, without previous notice at any hour of the day; enter by night any premises in which they may have a reasonable cause to believe that persons covered by the present Act are engaged; to require, where necessary, the opinions and advice of doctors and technicians, and to be accompanied in their visits by staff delegates of the enterprise inspected and doctors; and to carry out any examination, test or inquiry which they may consider necessary in order to satisfy themselves that the legal provisions applicable are being strictly observed. The Committee notes that in its last observation on the Labour Inspection Convention, 1947 (No. 81), in 2001, it noted that, according to the Government, the constraints relating to human and material resources preventing intervention by the inspection services in this field [child labour] were being progressively reduced. The Committee indicated that it hoped that every measure would be taken to enable labour inspectors to participate actively in combating unlawful work by children and in bringing the situation in the country in this respect to the knowledge of the competent authorities. The Committee requests the Government to provide information on the action taken by labour inspectors in practice to combat the worst forms of child labour. It also requests the Government to provide additional information on the activities of the labour inspectorate and to indicate the appropriate mechanisms that it has established to enforce the implementation of the provisions of the Convention, and their impact on the elimination of the worst forms of child labour.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes the Government’s indication that appreciable assistance is being provided by IPEC in the context of the implementation of the Convention. However, it notes the absence of statistics from the Government’s report. The Committee further notes the information provided by the Government in its last report, according to which a study on child labour in metallurgy is envisaged. It therefore requests the Government to provide statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s first and second reports. With reference to its comments under the Forced Labour Convention, 1930 (No. 29), and Article 3(a) of the Worst Forms of Child Labour Convention, 1999 (No. 182), which provides that the term "the worst forms of child labour" comprises all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, the Committee considers that the problem of the sale and trafficking of children for the purposes of sexual and economic exploitation may be examined more specifically in the context of Convention No. 182. It requests the Government to provide information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. In its previous comments, the Committee noted concordant information from various sources that the cases of the trafficking of persons for the exploitation of their labour concern a significant number of children in Burkina Faso with the objective of utilizing child labour, particularly in agriculture. It noted that, according to the information contained in the ILO’s Global Report "Stop forced labour" of 2001 (paragraph 57), children from Burkina Faso are obliged to work in plantations in Côte d’Ivoire and that Burkina Faso is, at the same time, a provider, a receiving country and a transit country. It noted that intermediaries, who operate from Côte d’Ivoire, have children delivered to them by other intermediaries operating in Burkina Faso (summary report of the subregional project of the International Programme on the Elimination of Child Labour (ILO/IPEC, 2001) "Combating child trafficking for labour exploitation in West and Central Africa", page 9).

The Committee notes that Act No. 038-2003/AN, defining and repressing the trafficking of children, was adopted on 27 May 2003. It notes that section 1 of the Act provides that a child is any human being aged under 18 years. Section 3 provides that the trafficking of children shall be deemed to be any act through which a child is procured, transported, removed, lodged or received within or outside the territory of Burkina Faso by one or more traffickers through threats and intimidation, force or other forms of constraint, deception, subterfuge or deceit, abuse of power, or exploitation of the situation of vulnerability of a child or, through offering or receiving of remuneration to obtain the consent of a person exercising control over the child for the purposes of economic or sexual exploitation, unlawful adoption, premature or forced matrimony or any other purpose prejudicial to the health, physical and mental development and well-being of the child. The Committee notes that the same penalties are applicable to any person who, having knowledge of a case of the trafficking of a child or children or having discovered a person under 18 years of age under the above conditions, has not immediately notified the administrative or judiciary authorities or any person capable of preventing it from occurring. The Committee requests the Government to provide information on the application of the above provisions in practice.

Article 5. Mechanisms to monitor the implementation of the provisions giving effect to the Convention. The Committee notes the Government’s indication that vigilance and supervision committees have been established by the Ministry of Social Action and National Solidarity. It further notes that these committees also include state officials, namely the police, the gendarmerie, customs, social workers, labour inspectors and representatives of civil society. The Committee requests the Government to provide information on the activities of these vigilance and supervision committees, particularly by providing extracts of reports or documents and indicating the results achieved by these committees in terms of preventing the trafficking of young persons under 18 years of age for economic exploitation.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes that Burkina Faso is participating in the ILO/IPEC LUTRENA (Combating the trafficking in children for labour exploitation in West and Central Africa) programme, which covers nine countries: Benin, Burkina Faso, Cameroon, Côte d’Ivoire, Gabon, Ghana, Mali, Nigeria and Togo. It notes, according to the information available, that the Government, with other actors who are essential to combat the trafficking of children, has prepared a draft National Plan of Action against the Trafficking of Children. It appears that this Plan is due to be approved in the coming months. The Committee requests the Government to provide information on the adoption and implementation of this National Plan of Action.

The Committee also notes that the ILO/IPEC Red Card Programme for the promotion of information and awareness-raising action at the national level at the various matches of the championship has been introduced in Burkina Faso. The Committee further notes that ILO/IPEC has launched a new initiative based on education and social mobilization, namely "SCREAM (Supporting Children’s Rights through Education, the Arts and the Media) Stop Child Labour!" with a view to helping educators worldwide promote understanding and awareness among child labour among young people. This initiative is also intended to raise awareness of school children and strengthen their capacity to educate and inform their peers and families so as to have an impact on their own communities. The Committee requests the Government to continue providing information on the implementation of these programmes of action.

Article 7, paragraph 1. Measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention. The Committee notes that section 398 of the Penal Code establishes a penalty of between five and ten years of imprisonment for any person who, through violence, threats or fraud, abducts or causes to be abducted a young person, or removes, misleads or transfers, or causes said person to be removed, misled or transferred from wherever she or he had been placed by the authority or directorate to which she or he had been submitted or entrusted. It also notes that section 4 of the Act of 31 July 2003 defining and repressing the trafficking of children, establishes a penalty of imprisonment of from one to five years and a fine of from 300,000 to 1,500,000 CFA francs, or one of these two penalties, for any person who is engaged in the trafficking of children, wherever the crime is committed. Section 4(2) provides that the same penalties shall be applicable to any person who, having knowledge of a case of the trafficking of children or discovered a young person under 18 years of age under the above conditions, has not immediately notified the administrative or judicial authorities, or any person capable of preventing it from occurring. The Committee also notes with interest that section 5 of the same Act imposes a penalty of imprisonment of from five to ten years on any individual found guilty of the trafficking of children involving circumstances in which the victim is exposed to hazardous or arduous forms of work or the worst forms of child labour. The Committee requests the Government to provide information on the application of these penalties in practice.

Article 7, paragraph 2. Effective and time-bound measures. Clause (b). Removing of children from the worst forms of child labour and securing their rehabilitation and social integration. The Committee notes from the information contained in the ILO/IPEC synthesis report of 2000 for the LUTRENA programme against trafficking (page 22), that studies have shown that children from Burkina Faso are transferred to Benin through Togo. The Committee notes that, according to the same report (page 9), the police intercepted five children leaving for Côte d’Ivoire in 1996; the same services discovered eight children from Burkina Faso in Divo in Côte d’Ivoire in 1999, 12 in Germany who were leaving for Italy and two children sent to Ghana. It also notes that 27 abductions of children have been reported, ten of whom were found in Nigeria and 17 in Côte d’Ivoire. It further observes that in March 2000 a convoy was intercepted leaving for Côte d’Ivoire with 22 young persons aged between 14 and 20 years. The Committee notes that, according to the same summary report, 116 children working in the informal economy were interviewed and that they work as itinerant traders, domestic workers and in agriculture and prostitution. Many of them are girls, aged between 12 and 17 years; 45 per cent of these young persons are illiterate, 49 per cent of them had reached the level of primary school and only 6 per cent had entered secondary school. It notes that in July 2004, five children from Burkina Faso, victims of trafficking for economic exploitation in cotton plantations, were repatriated to their families by the vigilance and supervision committee. The Committee notes that 250 children have been withdrawn from trafficking and rehabilitated in Burkina Faso since the beginning of the LUTRENA programme. It further notes that the LUTRENA programme has coordinated the organization of training modules for the security forces (particularly the police) on measures to combat the trafficking of children. The Committee requests the Government to provide information on the impact of the LUTRENA programme in removing children from trafficking and providing for their rehabilitation and social integration.

Article 8. Enhanced international cooperation and/or assistance. l.  International cooperation. The Committee notes that Burkina Faso is a member of Interpol, the organization which assists in cooperation between countries in the various regions, particularly to combat the trafficking of children. It also notes that Burkina Faso ratified the Convention on the Rights of the Child in August 1990 and that it signed the Optional Protocol on the sale of children, child prostitution and child pornography in November 2001. It further notes the Government’s indication in the report submitted to the Committee on the Rights of the Child in 2002 (CRC/C/65/Add.18, paragraph 482) that the principle of extraterritoriality is the subject of judicial agreements between Burkina Faso and France, and between Burkina Faso and 11 African countries.

2. Regional cooperation. The Committee notes that a cooperation agreement was signed on 25 June 2004 between the Republic of Mali and Burkina Faso concerning the transboundary trafficking of children. This agreement was made possible through the assistance of the LUTRENA programme, UNICEF and Save the Children Canada. The Committee requests the Government to provide information on the implementation of this agreement and on the results achieved in relation to the trafficking of children between Burkina Faso and Mali.

3. Poverty elimination. The Committee notes that a Poverty Reduction Strategy Paper was formulated in June 2000 and that, according to this Paper, Burkina Faso is one of the poorest countries in the world. The plan of action envisaged in the Paper is focussed on three areas: health, education and rural development. Noting that poverty reduction programmes contribute to breaking the poverty cycle, which is essential for the elimination of the worst forms of child labour, the Committee requests the Government to provide information on the impact of this development aid on the elimination of the worst forms of child labour, with particular reference to the trafficking of children.

The Committee encourages the Government to cooperate with other countries and requests it to provide detailed information on enhanced international cooperation and assistance, including support for social and economic development, poverty eradication programmes and universal education.

Part III of the report form. Court decisions. The Committee notes three decisions by the High Court in Fada N’Gourma (Nos. 152, 153 and 165), dated 13 June 2001 and 29 May 2002. It notes that in these cases individuals were intercepted when they were transporting young persons and planned to make them work in their plantation in Benin, without the agreement of their parents. In these three cases, the Committee notes that the Court reclassified the charges to the abduction of minors, which constitutes an offence under section 402 of the Penal Code and is punishable by a sentence of imprisonment of from one to five years and a fine of from 300,000 to 1,500,000 CFA francs. However, the Committee notes that the existence of attenuating circumstances allowed the Court to apply the provisions of section 81(2) of the Penal Code in the three cases in its ruling of June 2001 and only to convict the defendants in one case to one month of imprisonment and the two other defendants to suspended sentences of six months of imprisonment and a fine of 50,000 CFA francs in May 2002. The Committee requests the Government to indicate the nature of the attenuating circumstances accepted by the Court, to indicate whether these sentences have been served by those who committed the offence and whether court decisions have since been made under the new Act of 27 May 2003 on the trafficking of children. If so, the Committee requests the Government to provide copies of these decisions.

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