Individual Case (CAS) - Discussion: 2013, Publication: 102nd ILC session (2013)



A Government representative recalled the international Conventions ratified by Senegal concerning the protection of children’s rights and also recalled the existing national framework in that regard. Referring to the request of the Committee of Experts regarding the steps taken against begging and the trafficking of persons, she emphasized the adoption by the Council of Ministers on 29 November 2012 of the National Framework Plan for the Prevention and Elimination of Child Labour (PCNPETE), together with an action plan up to 2016 for combating child labour; and the holding of an inter-ministerial council on 8 February 2013, chaired by the Prime Minister, on the ways and means of eradicating the practice of begging. The Steering Committee responsible for the follow-up and implementation of recommendations from the inter-ministerial council had drawn up a National Framework Plan for the Eradication of Begging (PNEMI) 2013–15. The Plan, adopted in April 2013, contained a set of short-term measures involving, inter alia, the following priority areas of action: provision of care for children; the eligibility of Koranic schools that followed norms and standards; the return of foreign children to their families; and an information campaign for both the public and the authorities. During his address to the nation on 3 April 2013, the President of the Republic had announced important measures for basic education, including some specifically for pupils in Koranic schools. Regarding the application of Articles 3(a) and 7(1) of the Convention, the Government representative referred to the report of 28 December 2010 submitted to the Human Rights Council further to the mission to Senegal, and indicated that her Government had presented further information at the 16th session of the Human Rights Council in February–March 2011 to clarify the inconsistency noted between the provisions of section 245 of the Penal Code and those of Act No. 2005-06. She reiterated the remarks made by her Government at the 16th session of the Human Rights Council, explaining that section 3 of the aforementioned Act penalized all forms of exploitation of begging undertaken by others, and section 245 of the Penal Code made the distinction between prohibited begging, which was punished, and tolerated begging, namely begging undertaken on days and in places established by religious traditions. Both Acts coincided in condemning persons who allowed begging by young people under their authority. Consequently, her Government considered that there was no ambiguity between the provisions of section 245 of the Penal Code and those of Act No. 2005–06. Furthermore, the Government was contemplating strengthening the child protection system by establishing a children’s code, which was being finalized. Describing the existing legal framework, she stated that the statistics compiled from the prosecution services showed many prosecutions and convictions of perpetrators of trafficking. The Ministry of Justice had addressed Circular No. 4131 in August 2010 to the authorities responsible for prosecution and judgment, requesting them to be rigorous in handling cases relating to the trafficking of persons in general and the economic exploitation of children through begging in particular.

With regard to the application of Article 7(2) of the Convention, the Government representative reported on government action in the context of the partnership for the removal and reintegration of street children (PARRER), namely: the identification of 1,129 families likely to entrust their children to Koranic teachers in at-risk regions; the identification of 5,160 children thus entrusted; the identification of 759 daaras (Koranic schools) in 200 villages in Senegal; the establishment of 146 committees for the protection of talibé children; the drawing up and provision to the Ministry of Education of a harmonized curriculum for Koranic teaching, and also of quality standards for Koranic teaching; and the national campaign for the application of a law developed in 2010 by PARRER and the child protection support unit (CAPE). Moreover, the Care, Information and Counselling Centre for Children in Difficulties (the GINDDI centre), under the Ministry of Family Affairs, had a free 24-hour helpline for children in distress. A total of 13,521 calls had been recorded by the helpline in 2011 and 2012. In accordance with the Government’s policy of pursuing the daara programme, the Government representative also highlighted the signature of a framework agreement between the Ministry of Education and the federations of Koranic schools in Senegal. In this agreement, accredited daaras undertook to refrain from any form of begging. Furthermore, in partnership with the Islamic Development Bank for the next four years, a pilot project had been set up to support the modernization of daaras which would make for significant improvements in living and learning conditions in 64 daaras. The Government representative indicated that with the emergence of modern daaras, Senegal was acquiring the means to stimulate the gross enrolment rate with a view to achieving education for all by 2015.

The Worker members recalled that in August 2009 and 2013, following the painful events that had taken place in March, and after a fire in which students at a Koranic school had burnt to death, the Government had planned to implement the national plan to eradicate child begging in the streets. Article 3 of Act No. 2005-06 prohibited organizing the begging activities of others with a view to profiting therefrom and recruiting, coercing or misleading another person with a view to forcing them into begging or exerting pressure on them to beg or continue doing so. Those measures were currently suspended owing to pressure from lobby groups that encouraged illegal and dangerous practices to the detriment of society. Those lobby groups exploited vulnerable children and women in conditions that were degrading and morally depraved. The Worker members underlined the fact that the Government had delayed the strict application of enforcement measures that were grounded in the existing legal instruments, particularly Act No. 2005–06. The report of the United Nations Special Rapporteur on the sale of children, child prostitution and child pornography, submitted to the Human Rights Council on 28 December 2010, noted with concern that more than half of the children who were forced to beg in the Dakar region came from neighbouring countries. If begging was a cultural and educational practice that aimed at the outset to foster humanity and compassion in adults, it had to be acknowledged that the situation of street children was more worrying than ever given that it was on the increase, and becoming particularly widespread throughout the country.

The Worker members also indicated that the measures the Government had taken were not effective and that all the work mentioned in Article 3(d) of the Convention should be prohibited under Article 4(1), by domestic legislation or the competent authority, after consultation with the relevant employers’ and workers’ organizations, taking account of the relevant international standards, particularly Paragraphs 3 and 4 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). The social partners should be more involved in finding solutions to problems arising, particularly in the field of education. Begging could never be eradicated without universal education, and, conversely, the aim of universal education would never be achieved if child labour was not eliminated. Education must be made a public priority even in countries that were not rich. The impact of programmes implemented by the Government with support from technical and financial partners had been felt to a small extent in the Saint Louis, Tambacounda, Matam, Kaffrine, Kolda and Louga regions. The programmes were based on sectoral policies in the following areas: bringing social protection for vulnerable groups into line with the minimum social protection floor; and education policy that included universal education and eradicating illiteracy. A survey carried out in 2010 by ILO–IPEC and the United Nations Children’s Fund (UNICEF) had revealed that 50,000 children aged between 4 and 12 lived on the streets. In a 2010 report, the Government had pointed to 9,269 children who had been withdrawn from the worst forms of child labour, on the one hand, and 1,020 vulnerable children who had benefited from social assistance, on the other. Although the Government had made efforts to improve the situation, it must do more, and quickly. The Worker members said that it was necessary, first and foremost, to punish violations of the Convention by using all the means provided for in criminal law. There was a wide disparity between the Act on protecting the rights of the child and effective application thereof in the country. They also emphasized that the key provision of the Convention, Article 8, was unique in stipulating that member States should take appropriate steps to assist one another in giving effect to the provisions of the Convention through enhanced international cooperation and/or assistance.

The Employer members declared that the Convention, adopted in 1999 and ratified by Senegal in 2000, was one of the last generation of fundamental Conventions. The marabouts’ practice of using talibé children in Koranic schools to make money, by sending them out to work in the fields or beg in the streets or to engage in other lucrative forms of illegal work was a major cause for concern, as it denied them access to health, education and decent living conditions. ILO–IPEC’s effort to eradicate child labour in Africa was also directed at combating the worst forms of child labour such as these. A few marabouts had been arrested in 2010, but none of them had been convicted. Member States should take all necessary steps to guarantee the application of the Convention and respect for its provisions, including the establishment and imposition of sufficiently effective and dissuasive sanctions. There were serious doubts that people in Senegal were taken to court for such crimes as well as for trafficking. Given the seriousness of the problem, the coverage of PARRER that was set up in February 2007 to save children from the streets and return them to society was insufficient. What was needed to eradicate poverty was to implement programmes that were wider in scope.

The Worker member of Senegal recalled that the Committee of Experts had expressed its concern at the large number of working children under 15 years of age in Senegal and at their long working hours. The Committee had also noted with regret that the amendment of section L.145 of the Labour Code, which permitted the Ministry of Labour to issue decrees derogating from the minimum age for admission to employment, was still being examined and strongly urged the Government to amend its legislation. The Committee had requested the Government to ensure that, both in law and in practice, children under the age of 16 could not be employed in underground mines and quarries, given that order No. 3750/MFPTEOP/DTSS of 6 June 2003, determining the nature of dangerous work that children were prohibited from engaging in, stated that male children under the age of 16 were authorized to accept light jobs in underground mines and quarries. Notwithstanding that section 2 of the Act of 2005, to combat the trafficking of persons and similar practices and to protect victims, provided for the maximum penalty to be imposed in the case of violations involving minors, the Committee of Experts had observed that in practice the trafficking of children was still a cause for concern. The Committee had also expressed its profound concern at the failure to apply the Act of 2005, and especially at the allegations of impunity of certain traffickers. The Committee of Experts had made a special point of voicing its profound concern at the exploitation of talibé children. In 2010 there were an estimated 50,000 of these children. Virtually all talibé children were boys attending Koranic schools (daaras) and living under the authority of their Koranic teachers, or marabouts. Although generally speaking the students did not have to pay for their studies, their meals or their lodging, they were obliged to beg for five hours a day on average to earn money. Children who were unable to earn money were physically abused, tied up or chained. Those who tried to escape were severely punished. The children were very vulnerable as they were entirely dependent on daaras and their Koranic teachers. And although most urban daaras had sufficient resources, the marabouts tended to neglect the children’s vital needs – for food, housing and health. For example, nine children died in a daara fire in Dakar in March 2013 and around 45 talibés were unable to escape from a small wooden room in Dakar’s medina. Ninety per cent of beggar children in Dakar were talibés, and 95 per cent of these were from outside the capital; over half came from other parts of Senegal and the remainder from Guinea-Bissau, Guinea, Mali and the Gambia. The employment of a large number of children in agriculture and fishing inevitably exposed them to occupational hazards in the use of machines and dangerous tools. In fishing especially, children had to handle explosives that were used to kill large quantities of fish. Children employed as domestic help (some of them girls as young as 6 years old) worked long hours and were vulnerable to physical and sexual aggression by their employers.

The speaker emphasized the State’s lack of commitment of adequate resources. Although under the 2005 Act to combat the trafficking of persons and similar practices and to protect victims, forcing children to beg was a criminal offence incurring the maximum penalty, section 245 of the Penal Code unfortunately provided that “begging on the days, in the places and in circumstances consecrated by religious tradition” did not constitute begging. The police brigade for minors attached to the Ministry of the Interior and the local and national police were mandated to prevent sexual tourism, but the minors’ brigade only existed in the capital whereas the sexual exploitation of children was particularly prevalent in tourist areas outside Dakar. The labour inspectorate did not have enough transport resources to carry out its inspections, and only rarely were violators of the law sanctioned for a first offence. Consequently, employers were never really dissuaded from employing children. Apart from a few modern daaras, the school curricula of Koranic schools in Senegal, the living conditions and health of the children and the qualifications of the teachers were not subject to any kind of regulation. Although a daara inspectorate had been set up in the Ministry of Labour to implement the daara modernization programme and to integrate the talibé schools into the State education system, it did not cover all the daaras, which continued to proliferate without any kind of supervision. Finally, it was unfortunate that legal proceedings against forced begging had been initiated only in a few rare instances in recent years and that the marabouts involved had not been convicted. Senegal’s legislation provided for compulsory schooling up to the age of 12, while according to the Labour Code, the minimum age for employment was 15. Consequently, because they were not in school and were not legally old enough to work, children aged from 13 to 15 years of age were particularly vulnerable to the worst forms of child labour.

The Worker member of France recalled that the Government had ratified the Forced Labour Convention, 1930 (No. 29), Convention No. 182 of the ILO, the United Nations (UN) 1989 Convention on the Rights of the Child, the UN Protocol on Trafficking, as well as the 1990 African Charter on the Rights of the Child. Yet the Government appeared on the list of double footnoted cases, meaning an obvious failure to apply the ratified Conventions and Charters. The Government bore a heavy responsibility for child victims and the problem was even more worrying that Senegal was not the poorest country on the continent. Talibé children, some of whom were just 5 years old, were part of the urban landscape tourism. Only boys studied in koranic schools under the authority of Koranic teachers or marabouts. In exchange for free education, food and housing these children spent five hours a day begging. Meeting their own needs, enhancing the ability to cope independently contributed to the solidarity of the village community and was not in itself reprehensible and was part of the value of humility that the cultural context wanted to pass on to the children; many parents were attached to these values. However in this case, it was no longer a question of cultural tradition, but of manipulation of this tradition for profit. It was no longer a cultural context in question but a mafia exploitation of children subjected to brutal slavery that could leave almost irreparable consequences. The fact that those responsible could hide behind values of a cultural heritage and continue to allow such horrors was becoming unbearable. The impact on health and the physical and mental integrity of these children was enormous. Child beggars were undernourished for most. Fever, fatigue, abdominal pain, diarrhoea, dermatitis, and periodically malaria were the most frequently reported diseases. The Government must take measures to eradicate such practices, work to provide a controlled education system, ensure an active fight against poverty through allocation programmes that would allow poor families, even those in extreme poverty, not to use their children to meet their own needs. Senegal had national policies and a comprehensive legal framework needed to halt child begging; the use of these instruments needed to be intensified in order to achieve the desired results.

The Worker member of the United Kingdom stated that talibé children suffered gross exploitation by being forced into begging for the benefit of their marabouts through extreme psychological and physical abuse. Boys who were sent to daara residential schools in urban centres far from home became victim to the most cynical distortion of the religious duty to offer alms. The practice was a long-standing one and twisted and contorted into a false justification for a widespread abuse of the vulnerable. This abuse continued despite legislative provisions which could be invoked to stop it. The 2005 Act to combat the trafficking of persons and similar practices and to protect victims, criminalized forced begging and provided for sentences of fines and imprisonment. This should have been used to tackle the practice, but this legislation was undermined by another legal provision about the collection of religious alms. Those who forced children into begging had used this law as a screen to hide behind. As a result, very few prosecutions had been brought. Figures were unclear, but Anti-Slavery International reported that there had been only two arrests for physical abuse in 2005 and three in 2006. The speaker recalled that an estimated 50,000 talibé lived in a situation of daily beatings and punishments and this was widespread and openly known. In 2007, a marabout who had beaten a talibé child to death had been sentenced to a mere four years in prison. In August 2010, the Prime Minister’s announcement of a decree to clarify the prohibition of begging in public places was immediately undermined. Sentences which had been imposed on seven marabouts had not been enforced and they had walked free. The President had bowed to pressure from branch associations of Koranic teachers to reverse the small steps that had been taken towards the criminal enforcement. The Government had failed to provide any further information to support its assertion that the Penal Code would be enforced through the investigation, arrest and conviction of marabouts involved in forced begging. She called for an integrated programme which would require the Government to enforce the Penal Code to protect talibé children and include other means to tackle poverty and barriers to access state education.

The Government member of Kenya noted the progress made by Senegal in domesticating the principles enshrined in the Convention and the Government’s commitment and willingness to eradicate child labour. The Government had developed a National Plan of Action and a number of prosecutions had taken place. This indicated that the Government was playing a leading role in addressing the matters by punishing those responsible. A sustained technical cooperation was needed. His Government urged the Government to continue implementing measures aimed at eliminating the worst forms of child labour in particular, through the labour inspectorate in collaboration with the judicial and extra-judicial bodies.

The Worker member of Swaziland stated that, as serious violations of human dignity and personal development, forced labour and child labour contributed to the persistence of the cycle of poverty. Child labour could have severe consequences on the education, health and the development of its victims. The harmful effects of child labour prejudiced the opportunities for children, seriously arrested their social and psychological development and eroded their chance to a better future. In Senegal, child begging was a threat. Empirical evidence showed that forced labour, child labour and discrimination were major obstacles to economic development and contributed to the persistence of poverty. In 2004, the ILO–IPEC study had demonstrated that the economic benefits of eliminating child labour would be nearly seven times higher than the costs required for its elimination. The Senegalese authorities had largely failed to enforce the existing regulations prohibiting the engagement of underaged persons to work. This failure was responsible in part for the ever growing numbers of street child beggars and their abuses. Only a few isolated cases of extreme violence and abuses perpetrated against talibés had been prosecuted under the Penal Code. Until 2010, no marabout had been arrested, prosecuted or convicted expressly for forcing talibés to beg. In Senegal, it was not a question of the absence of the legislation, but rather of the failure to enforce it. The Government had demonstrated fable political commitment to protect and promote the rights of these children. It was paramount to ensure that there were specific bodies responsible and capable of addressing the issue. The current legislation relating to forced child begging should be brought in full compliance with the Convention and labour inspection would need to be involved. Social partners had a collective duty to end the worst forms of child labour whereas the Government should develop programmes, in consultation with the social partners and civil society organizations, to address the plight of the talibés.

The Government member of Morocco thanked the Government for the rich and exhaustive information on the application of the Convention provided to the Committee. The Government’s commitment appeared to be ensured by both normative and social policies and by adherence to international instruments relating to child labour. The Government’s action was not limited to the adoption of legislation but also to its implementation and the creation of important social infrastructure which aimed at reducing child begging. However, there could have been a gap between available resources and the social reality, because the practice of talibés concerned many people. Strengthening the programmes put in place by the Office and the contribution by the national non-governmental organizations would support the Government in its efforts to protect a particularly vulnerable category of children and help to meet the expectations of the international community.

The Government representative expressed her Government’s appreciation for the contributions during the discussion of the case and the interventions which had highlighted the efforts of the Government. The question of the rights of children, particularly of those in Koranic schools, was a concern for the highest authorities of the State. While the legal framework provided basic protection against begging by children and trafficking in persons, the Government recognized that eradicating child begging was a huge undertaking, and action from governmental bodies together with support from civil society was therefore vital. National action needed to be matched with subregional action given the trans-border nature of the problem. Bilateral cooperation was essential and, in that respect, the National Action Plan, signed in April 2013, provided for the signing of an agreement with border countries in order to help child victims of trafficking return to their country of origin. Furthermore, the project for the modernization of Koranic schools and the involvement of Koranic teachers should help to better meet children’s health and food needs. The Government wished to reiterate that prosecutions had been effectively initiated and penalties imposed against Koranic teachers for reported incidents that had caused the death of talibé children. The Government was also keen to specify that only voluntary begging by adults in religious places at certain times was tolerated, but that in all cases begging by children was prohibited and punished by the Penal Code. Government action included a framework plan to combat trafficking in persons which had just been approved by the Council of Ministers and would shortly be implemented; and the Inter-ministerial Council of February 2013, which had called upon all stakeholders, had adopted a plan to eradicate child begging by 2015. However, in order to ensure that those plans produced results, decisions had to be made jointly with all stakeholders. Education, including in daaras, was a priority action to which the Government allocated 40 per cent of its budget.

The Worker members took note of the explanations provided by the Government as well as its indicated willingness to fight the worst forms of child labour. They asked the Government to take the following actions needed to achieve its stated intention: to implement the plan of action approved in July 2012; to reactivate the regional committees to fight against child labour; to establish a system of labour inspection and effective enforcement mechanisms; to strengthen the monitoring and evaluation; to adopt concrete measures to put an end to regional child trafficking; to apply the Convention both in law and in practice, and in particular its Article 1 on the immediate measures to secure the prohibition and elimination of begging as a worst form of child labour; to adopt concrete measures to bring to an end to trafficking in the region for the purpose of begging; to engage in tripartite collaboration to identify and implement concrete measures; to seek technical assistance of the Office to establish a roadmap; and finally, to give prominence to the social partners and not just to the partnership for the removal and reintegration of street children (PARRER).

The Employer members appreciated that the Government had recognized the difficulties in implementing the Convention and was committed to finding solutions. They considered that tripartite dialogue was essential. In this regard, they submitted that there was no evidence that the social partners had been consulted with regard to the programme of action to eliminate the worst forms of child labour and therefore suggested that the programme be reviewed in consultation with the Senegalese employers and workers. The implementation of the programme and monitoring mechanisms should also be carried out in consultation with the social partners, in accordance with the provisions of the Convention. The Government should seek international assistance to progress in the eradication of practices contrary to the Convention. Education also played a role and the Government had made progress in this regard. It needed to take further measures to eradicate poverty. The Government should complete the initiated survey to determine the extent of the problem in the country.

Conclusions

The Committee took note of the oral information provided by the Government representative and the discussion that followed concerning the use of children in begging for purely economic ends, as well as the trafficking of children for this purpose.

The Committee noted the Government’s statement that continuous begging in the streets of the city was a penal offence under Senegalese law, while asking for alms was tolerated in light of socio-cultural beliefs. The Committee noted the several measures adopted by the Government in the framework of the partnership for the removal and reintegration of street children (PARRER), including advocacy visits to major religious leaders and Koranic masters, measures of prevention and of removal of children from the streets, and the development of broad awareness-raising campaigns. The Committee also noted the Government’s indication that it had adopted action plans to combat trafficking and child begging, and that, in the context of the modernization of the daaras system, it had taken a number of measures to train Koranic masters and talibé children on the rights of children and their protection, and to improve the living conditions and education of child talibés in daaras.

While noting the policies and programmes adopted by the Government to address begging by talibé children, the Committee shared the deep concern expressed by several speakers regarding the persistence of the economic exploitation of a large number of children in begging, and at the fact that children continued to be trafficked for this purpose, especially from neighbouring countries. The Committee reminded the Government that, while the issue of seeking alms as an educational tool fell outside the scope of the Committee’s mandate, it was clear that the use of children for begging for purely economic ends could not be accepted under the Convention. The Committee emphasized the seriousness of such violations of Convention No. 182. It urged the Government to take immediate and effective measures to eliminate, as a matter of urgency, the use of children in begging for purely economic ends, as well as trafficking of children for this purpose. In this regard, the Committee encouraged the Government to ensure the implementation of the recently validated Framework Plan to combat trafficking, and of the National Plan of Action adopted in February 2013 to eradicate child begging by 2015.

The Committee noted that, although Law No. 2005-06 of 29 April 2005 prohibited the organization of begging for economic gains, the Penal Code appeared to permit the organization of begging by talibé children. Moreover, the Committee expressed its serious concern that Law No. 2005-06 was not applied in practice. In this regard, the Committee deeply regretted that a very low number of marabouts had been prosecuted and given prison sentences, which amounted in practice to a climate of impunity. The Committee therefore strongly urged the Government to take the necessary measures to harmonize the national legislation so as to guarantee that the use of begging by talibé children for economic exploitation was clearly prohibited, and to ensure that this legislation was applied in practice. In this regard, the Committee strongly urged the Government to take immediate and effective measures to strengthen the capacity of the relevant public authorities, in particular the labour inspectorate which would be dedicated to identifying talibé children with a view to removing them from their situation of exploitation. It also urged the Government to strengthen the capacity of law enforcement officials, particularly the police and the judiciary, in order to ensure that the perpetrators were prosecuted and that sufficiently effective and dissuasive sanctions were imposed.

Noting the information highlighted by several speakers that the worst forms of child labour were the result of poverty and underdevelopment in Senegal, the Committee welcomed the decision of the Government to continue to avail itself of ILO technical assistance in order to achieve tangible progress in the application of the Convention, and requested the Office to provide such assistance.

Finally, the Committee requested the Government to provide a detailed report to the Committee of Experts addressing all the issues raised by this Committee and the Committee of Experts for examination at its next meeting.

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for the production of pornography or pornographic performances. In its previous comments, the Committee asked the Government to indicate the manner in which sections 256 and 257 of the Penal Code and sections 593 to 604 of the Code of Penal Procedure prohibit and punish the use, procuring or offering of a minor under 21 years of age for the production of pornography or for pornographic performances, are applied in practice.

The Committee notes the information sent by the Government to the effect that whenever an offence consists in the use, procurement or offering of a child for the production of pornography or for pornographic performances, the applicable penalties are fully and rigorously applied. The Committee once again asks the Government to provide specific information on the application in practice of sections 256 and 257 of the Penal Code and sections 593 to 604 of the Code of Penal Procedure, including statistics on the number and nature of offences reported and of investigations, prosecutions and convictions.

Article 7(2). Effective and time-bound measures. With reference to its previous comments, the Committee takes note of the information sent by the Government to the effect that the technical cooperation project with ILO–IPEC pursued it activities in 2008. This enabled the support project for implementation of the Time-bound programme (TBP) to contribute to education by combating child labour through skills training and literacy. Furthermore, according to the Government, a new interagency project (ILO–UNICEF) to improve conditions for children at risk in Senegal is under way. The Committee encourages the Government to continue to provide information on the measures taken to prevent children from being employed in the worst forms of child labour and to remove them therefrom under the ILO–UNICEF interagency project.

Clause (a). Preventing children from being engaged in the worst forms of child labour. Access to free basic education. The Committee had previously noted that according to statistics for 2006 produced by the UNESCO Institute for Statistics, only 49 per cent of children complete their primary education. According to the statistics, 70 per cent of girls and 71 per cent of boys attend primary school (6 to 12 years), compared with 18 per cent of girls and 23 per cent of boys for secondary school.

The Committee notes the Government’s statement that it has drawn up a sectoral policy in the context of access to free basic education through the Ten‑Year Programme for Education and Training. Within this programme, there has been an improvement in the gross school enrolment rate, which reached 90.1 per cent in 2008, with a rate of 92.4 per cent for girls as compared to 88 per cent for boys. The primary school completion rate was 58 per cent for girls and just over 60 per cent for boys. The Committee further observes that the net primary enrolment rate increased slightly, according to the 2008 statistics produced by the UNESCO Institute for Statistics, which show 74 per cent of girls and 78 per cent of boys as actually attending primary school. It notes, however, that 25 per cent of children of primary school age (6 to 12 years) were still not at school.

The Committee notes the information contained in the report “Understanding Children’s Work and Youth Employment in Senegal”, produced jointly by
ILO–IPEC, UNICEF and the World Bank in February 2010, which looks at the negative relationship between child labour and school enrolment. It reveals in particular that in the 7 to 14 age group, more than 1 child in 4 drops out of school owing to premature entry to the labour market, which is the primary cause of school drop-out. Thus, the enrolment rate among economically active children is 36 per cent as compared to 53 per cent among children who do not work. This situation occurs more commonly in the urban sector than in the rural sector. However, school life expectancy is lower in rural areas, largely because they afford little opportunity for access to education. The report reveals that among rural children the probability rate for work is 8 per cent higher and that for school enrolment, 17 per cent lower. The Committee furthermore notes from UNESCO’s 2009 Education for All Global Monitoring Report “Overcoming inequality: why governance matters”, that Senegal is still far from attaining four of the objectives set by Education for All: universal primary education, adult literacy, gender parity and equality and quality education. Considering that education contributes to preventing the employment of children in the worst forms of child labour, the Committee encourages the Government to redouble its efforts to improve the functioning of the educational system through measures that aim in particular to increase school attendance rates, to increase educational facilities in rural areas and to reduce the school drop-out rate. It requests the Government to continue to provide information on results obtained under the Ten-Year Programme for Education and Training.

Clause (d). Children at special risk. Child victims/orphans of HIV/AIDS. The Committee noted previously that the Government has drawn up a new Strategic Plan to combat AIDS (PSLS) for 2007–11, one objective of which is to improve the quality of life of orphans and vulnerable children (OVCs).

The Committee notes the information supplied by the Government that a grant programme has been started by the National Committee to combat AIDS, destined for OVCs affected by AIDS. The aim of the programme is to prevent orphaned children from being engaged in the worst forms of child labour. Furthermore, a sectoral Family Action Plan has been implemented to combat AIDS in particular by improving nutrition, education and socio-community care for OVCs. The Committee also notes the information sent by the Government in its National Report of March 2010 submitted in the context of the follow-up to the Declaration of Commitment on HIV/AIDS, to the effect that substantial support was given to schooling and vocational training for OVCs, including scholarships. According to the Government’s report, 3,290 OVCs received scholarships during the school year 2008–09, and 5,218 during the school year 2009–10. The Committee welcomes measures such as these that target care for OVCs. It notes, however, that according to the report on Senegal produced in September 2008 by the Joint United Nations Programme on HIV/AIDS, in 2007 an estimated 8,400 children aged from 0 to 17 years were orphaned by HIV/AIDS, more than double the number estimated for 2001. The Committee expresses concern at the increase in the number of children orphaned by HIV/AIDS, and accordingly asks the Government to continue its efforts to ensure that such children are not engaged in the worst forms of child labour. It requests the Government to continue to provide information on the measures taken and the results obtained under the Strategic Plan to Combat AIDS.

Clause (e). Special situation of girls. In its previous comments the Committee noted the results obtained in the various support projects for girls’ education.

It notes from the joint ILO–IPEC, UNICEF and World Bank report that the educational disparities between girls and boys have shown a downturn due to the Government’s awareness-raising measures. The Committee nonetheless notes that the primary school drop-out rate is higher among girls from rural areas and that on the whole girls leave school earlier than boys. Noting that the Government’s report contains no information on this matter, the Committee once again requests the Government to send information on the results obtained in the context of the specific measures taken to protect girls from the worst forms of child labour.

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

The Committee takes note of the communication of 23 March 2010 from the National Federation of Independent Trade Unions of Senegal (UNSAS) and of the Government’s report.

Articles 3(a) and 7(1) of the Convention. 1. Sale and trafficking of children and penalties. The Committee noted previously that according to section 2 of Act No. 02/2005 of 29 April 2005 on measures to combat the trafficking of persons and similar practices and the protection of victims, the maximum sentence is applied when the offence of trafficking is committed against a minor. The Committee nonetheless observed, that although prohibited by law, in practice the trafficking of children for economic or sexual exploitation remains a cause of concern.

The Committee notes the information from the Government to the effect that prosecution and penalties are established in Act No. 02/2005 of 29 April 2005 and Order No. 3749 of 6 June 2003 defining and prohibiting the worse forms of child labour, and constitute measures to combat child trafficking effectively. However, the Committee notes that although the Act to combat human trafficking has been in force since April 2005, according to the Global Report on Trafficking in Persons published in 2009 by the United Nations Office on Drugs and Crime (UNODC) the number of persons arrested for trafficking in persons and related offences fell from 37 in 2004 to 15 in 2006. It further notes that according to the report entitled “Trafficking in Persons Report 2010 – Senegal”, published on the website of the United Nations High Commissioner for Refugees (www.unhcr.org), Act No. 02/2005 of 29 April 2005 has primarily been used to combat the smuggling of migrants to Spain. Furthermore, according to the framework document of the National Action Plan to combat the trafficking of persons, particularly women and children, in Senegal of 24 June 2008, Act
No. 02/2005 of 29 April 2005 has never been used to prosecute the offence of trafficking. According to the abovementioned document, this is largely because those responsible for its enforcement very often have little or no knowledge of Act No. 02/2005 of 29 April 2005 because the texts of laws are not disseminated.

According to the Trafficking in Persons Report 2010, in March 2009 the Senegalese police dismantled a human trafficking network sending girls from Senegal to Morocco for forced domestic work. However, this report indicates that the traffickers were released a few weeks after their arrest and no charges were brought because they were highly placed and influential members of Senegalese society. The Committee expresses its deep concern at the failure to apply Act
No. 02/2005 of 29 April 2005 and the allegations of the impunity of certain traffickers. The Committee urges the Government to take immediate and effective measures to ensure that thorough investigations and the robust prosecution of persons engaging in the sale and trafficking of children under 18 years of age are carried out, taking particular care to build the capacity of law enforcement bodies by disseminating Act No. 02/2005 of 29 April 2005. It requests the Government to provide information on the number of investigations, prosecutions, convictions and penal sanctions applied to the persons concerned.

2. Forced or compulsory labour and penalties. Begging. In its previous comments the Committee noted that the Committee on the Rights of the Child, in its concluding observations on the second periodic report of Senegal in October 2006 (CRC/C/SEN/CO/2, paragraphs 60 and 61), expressed concern at the large number of working children and in particular at the practices of the Koranic schools run by marabouts who use talibé children on a large scale for economic gain by sending them to agricultural fields or to the streets for begging and other illicit work to earn money, thus preventing them from having access to health, education and good living conditions. It further noted that although section 3(1) of Act No. 02/2005 of 29 April 2005 forbids the organization, for economic gain, of begging by others or the employment, procuring or deceiving of someone with a view to getting that person to beg, or the exertion of pressure on someone to beg or to continue to beg, including where the offence is against a minor, the talibé phenomenon remains a concern in practice.

The Committee takes note of the comments by UNSAS indicating that the situation of street children is more worrying than ever because begging is on the rise, particularly in the country’s large urban areas. It notes the Government’s statement that the necessary measures are being taken to enforce the national legislation on begging. It notes, however, from the framework document the National Action Plan to combat trafficking in persons, particularly women and children, in Senegal of 24 June 2008, that Act No. 02/2005 of 29 April 2005 has never been used to prosecute the offence of begging. Furthermore, according to the Trafficking in Persons Report 2010, there was evidence of some official tolerance on a local and institutional level for the trafficking of talibé children for forced begging.

The Committee notes that according to recent information (of 26 March 2008) from UNICEF, there are an estimated 100,000 street children in Senegal. Furthermore, according to a joint report of November 2007 by ILO–IPEC, UNICEF and the World Bank entitled “Child begging in the Dakar region”, in Dakar alone around 7,600 children are affected by the widespread phenomenon of begging. Talibé account for most of the child beggars (90 per cent). Child beggars are mostly very young, the average age being between 11 and 12, and most of them (95 per cent) come from other regions of Senegal or neighbouring countries such as Guinea–Bissau, Guinea, Mali and the Gambia. The report also reveals that the talibé children spend six hours a day begging on average, which would appear to leave them little time for Koranic study.

The Committee recalls that in its 2006 observation addressed to Niger on the Worst Forms of Child Labour Convention, 1999 (No. 182), it noted that three forms of begging were to be observed: conventional begging, educational begging and begging that uses children for purely economic ends. Conventional begging is the form practiced by indigent people. Educational begging is the form practiced in accordance with the Muslim religion as a means of learning humility for the person practising it and compassion for the alms-giver. Lastly, begging that uses children for purely economic ends makes children a source of business. Expressing its deep concern at the extent to which talibé children are used for purely economic purposes, the Committee urges the Government to take immediate and effective measures to ensure that marabouts who use begging by children under 18 years of age for purely economic purposes are, in practice, prosecuted and that sufficiently effective and dissuasive sanctions are applied to them pursuant to Act No. 02/2005 of 29 April 2005. In this connection the Committee asks the Government to take the necessary steps to ensure that thorough investigations and robust prosecutions are carried out. It requests the Government to send information on the measures taken and the results obtained, including the number of investigations held and the number of prosecutions and convictions. To the extent possible, all information provided should be disaggregated by sex and age.

Article 6. Programmes of action. National Action Plan to combat trafficking in persons. The Committee notes with interest the adoption in June 2008 of a National Action Plan to combat trafficking in persons, particularly women and children (2008–13). According to the framework document of the National Action Plan, the plan focuses inter alia on the following goals: (i) reinforcing and adapting the legal framework for the protection of victims; (ii) applying the legislation effectively; (iii) ensuring free compulsory schooling; (iv) strengthening the system of social protection for the most vulnerable children in the areas that are the main sources of trafficking; (v) providing effective protection for witnesses and victims; and (vi) improving the care and rehabilitation of victims of trafficking. The Committee requests the Government to provide information on the implementation of the National Action Plan to combat trafficking in persons, particularly women and children, and on the measures taken and the results obtained under the Plan to eliminate the sale and trafficking of children under 18 years of age.

Article 7(2). Effective and time-bound measures. Clause (d). Children at special risk. Street children and talibé children. Further to its previous comments, the Committee notes the comments by UNSAS indicating that the measures taken for talibé children, although effective, are still inadequate. It notes in this connection the recommendation made by UNSAS that the social partners should be more closely involved in the search for solutions, particularly as regards fostering, education and social integration. The Committee notes the information from the Government to the effect that a project for education on family life in the daaras (Koranic schools) has been produced by the Ministry of the Family, National Solidarity, Women’s Entrepreneurship and Microfinance. According to the Government, the project aims in particular to contribute to combating begging and the phenomenon of street children, to prepare talibé children for social and professional life by developing projects for educational and vocational activities and to promote the development of income-generating activities. It further notes that a partnership for the withdrawal and reintegration of street children (PARRER) was established in February 2007 and is made up of members of the Senegalese administration, NGOs, the private sector, development partners, religious organizations, civil society and the media. The partnership has set itself the objective of encouraging the public authorities to apply the national legislation effectively while engaging in advocacy at the national, subregional and international level in order to abolish the phenomenon of street children. It further notes the information from the Government to the effect that between 2001 and 2009, 1,080 children were removed from begging. The Committee also notes from the “2008 Findings on the Worst Forms of Child Labour – Senegal”, a report published on the website of the United Nations High Commissioner for Refugees (www.unhcr.org), that the Ministry of the Family, National Solidarity, Women’s Entrepreneurship and Microfinance runs a programme of support to 48 Koranic schools that have undertaken not to engage talibé children in begging. The Committee is of the view that street children and talibé children are particularly exposed to the worst forms of child labour, and accordingly encourages the Government to redouble its efforts to identify, withdraw and reintegrate street children, particularly child beggars. It requests the Government to provide additional information on the measures taken and the results obtained under the project for education on family life in the daaras and by the partnership for the withdrawal and reintegration of street children.

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

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

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. Clause (a). All forms of slavery or practices similar to slavery. 1. The sale and trafficking of children. In its previous comments, the Committee noted that the sale and trafficking of children does not appear to be prohibited by the national legislation. The Committee notes with interest the adoption of Act No. 02/2005 of 29 April 2005 respecting measures to combat the trafficking of persons and similar practices and the protection of victims (Act No. 02/2005 of 29 April 2005). In particular, it notes that the first section, subsection 1, of this Act establishes penalties for any person who procures, transports, transfers, accommodates or receives persons by means of threats or recourse to violence, abduction, fraud, deceit, abuse of authority or of a situation of vulnerability or by offering or accepting payment to obtain the consent of a person with authority over another, for the purposes of sexual exploitation, forced labour or services, slavery or practices similar to slavery. Under subsection 2, the offence of trafficking is committed against a minor, even where none of the means of threats or violence enumerated in subsection 1 have been used. Furthermore, under section 2 of Act No. 02/2005 of 29 April 2005, the maximum sentence is applied if the offence of the trafficking is committed in respect of a minor.

The Committee however notes that, according to a UNICEF report on the trafficking of persons, particularly women and children, in Western and Central Africa, published in 2006, children from Gambia, Guinea, Guinea-Bissau and Mali are the victims of trafficking to Senegal and, in reverse, children from Senegal are the victims of trafficking to Gambia and Nigeria. Furthermore, according to the UNICEF report, the internal trafficking of children also involves girls who are exploited in domestic service or for sexual purposes in touristic areas. Girls from Senegal are also victims of trafficking to Gambia for sexual exploitation in view of the predominance of sexual tourism in that country.

The Committee observes that, although the trafficking of children for economic and sexual exploitation is prohibited by the national legislation, it remains a cause of concern in practice. It expresses concern at the situation of these children and requests the Government to take the necessary measures to ensure that those found guilty of the trafficking of children for economic or sexual exploitation are in practice prosecuted and that sufficiently effective and dissuasive penalties are applied against them. In this respect, the Committee requests the Government to provide information on the effect given in practice to Act No. 02/2005 of 29 April 2005, respecting measures to combat the trafficking of persons and similar practices and for the protection of victims including statistics on the number and nature of the infringements reported, the investigations conducted, prosecutions, convictions and penal sanctions applied.

2. Forced or compulsory recruitment of children for use in armed conflict. With reference to its previous comments, the Committee notes the Government’s indication that military service is voluntary and that the age of those recruited for voluntary military service is between 18 and 21 years. The Committee adds that military service is authorized for persons who have reached the age of majority.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee noted previously that section 2(2) of Ministerial Order No. 3749/MFPTEOP/DTSS determining and prohibiting the worst forms of child labour of 6 June 2003 (hereinafter, Order No. 3749 of 6 June 2003) provides that the prostitution of minors is one of the worst forms of child labour and that it is accordingly prohibited. It further notes that the prostitution of minors is prohibited by section 327bis of the Penal Code. The Committee previously requested the Government to specify the age up to which a person is considered to be a minor under penal law and the penal provisions applicable to child prostitution. The Committee notes the Government’s indications that a person is considered to be a minor until she or he has reached the age of 18 years. It also notes the Government’s indication that sections 323 and 324 of the Penal Code penalize procuring.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. In its previous comments, the Committee noted that section 2(2) of Order No. 3749 of 6 June 2003 prohibits the production of pornographic performances. It also noted that certain provisions of the Penal Code (in particular sections 256 and 257) and the Code of Penal Procedure
(sections 593–604) address the protection of children whose morals are at risk. It requested the Government to specify the penal provisions prohibiting and penalizing the use, procuring or offering of a child under 18 years of age for the production of pornography or for pornographic performances. The Committee notes the information provided by the Government that sections 256 and 257 of the Penal Code and sections 593–604 of the Code of Penal Procedure prohibit and penalize the use, procuring or offering of a minor under 21 years of age for the production of pornography or for pornographic performances. It requests the Government to indicate the manner in which these provisions are applied in practice with a view to the effective prohibition and penalization of the use, procuring or offering of a child under 18 years of age for the production of pornography or for pornographic performances.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee noted previously that section 94 of Act No. 97-18 of 1 December 1997 issuing the Drug Code (the Drug Code) appeared only to prohibit manufacture, distribution and use of drugs. The Committee requested the Government to indicate whether the use of a child for illicit activities is prohibited and, if so, to specify the applicable legislation and sanctions. The Committee notes the information provided by the Government that the use of a minor for illicit activities is prohibited by sections 593 et seq. of the Code of Penal Procedure and sections 95–103 of the Drug Code. It further notes the Government’s indication that, under section 112 of the Drug Code, the use of a minor to commit one of the offences envisaged in the Code is an aggravating factor in respect of sentencing.

Clause (d) and Article 4. Hazardous work. The Committee previously requested the Government to indicate whether consultations were held with workers’ and employers’ organizations concerning the formulation of the schedule of hazardous types of work contained in Order No. 3749 on the worst forms of child labour of 6 June 2003, which determines the types of work prohibited for persons under 18 years of age. The Committee takes due note of the information provided by the Government that consultations were held with employers’ and workers’ organizations on the schedule of hazardous types of work. They were held in the National Labour and Social Security Advisory Council, in accordance with section L.205 of the Labour Code.

Article 5. Monitoring mechanisms. The Committee previously requested the Government to provide information on the mechanisms established for the implementation of the Convention by labour and social security inspectors in cases where the national measures relate to the application of penal provisions (prostitution, pornography, illicit activities, etc.). The Committee notes the information provided by the Government that, for the application of measures under the Penal Code rather than the Labour Code, a labour inspector who identifies a contravention draws up a report and transmits it to the Attorney-General of the Republic with a view to criminal prosecution.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes the information provided by the Government that all the technical cooperation projects with ILO–IPEC ended on 31 December 2007. It notes with interest the statistical data provided by the Government concerning the large number of children and their families who benefited directly or indirectly from all of the programmes undertaken in collaboration with ILO–IPEC, namely 68,726 children, of whom 57,615 were girls. In particular, through the support project for the implementation of the Time-bound Programme (TBP), 15,559 children, of whom 8,765 were girls, benefited directly from the project. Of these, 12,231 children were prevented from being engaged in work at an early age and 3,328 children were removed from the worst forms of child labour. The Committee expresses the strong hope that the Government will pursue its efforts to prevent children from being engaged in the worst forms of child labour and for their removal from these worst forms of child labour. It requests the Government to provide information on the measures adopted in this respect.

Clause (a). Preventing children from being engaged in the worst forms of child labour. 1. Programmes of action. With reference to its previous comments, the Committee takes due note of the information provided by the Government that, in the case of the Programme for the Prevention of Work by Children at an Early Age and Support for Children’s Associations, 10,569 children benefited from the programme, of which the initial objective was 2,500.

2. Access to free basic education. The Committee notes that, according to the UNESCO Education for All Global Monitoring Report 2008 entitled Education for All by 2015: Will we make it?, Senegal has little chance of achieving the objective of Education for All at the primary level by 2015. The Committee also notes that, according to the 2006 statistics of the UNESCO Institute for Statistics, only 49 per cent of children complete their primary education. According to these statistics, 70 per cent of girls and 71 per cent of boys attend primary school
(6–12 years), compared with 18 per cent of girls and 23 per cent of boys for secondary school. The Committee expresses concern at the very low proportion of children who complete their primary studies and the low rates of attendance at secondary school. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee strongly encourages the Government to redouble its efforts to improve the functioning of the education system, particularly by increasing the school attendance rate and reducing the school drop-out rate, with particular emphasis on girls. It requests the Government to provide information on the results achieved.

Clause (b). Assistance for the removal of children from the worst forms of child labour. The Committee previously noted the establishment of a programme to support the social reintegration of children recycling rubbish from the Mbeubeuss public waste dump and a support project for the social and family reintegration of street children in Dakar and Mbour. It requested the Government to provide information on the results achieved. The Committee notes the information provided by the Government that, in the context of the support programme for the social reintegration of children engaged in recycling rubbish from the Mbeubeuss public waste dump, 149 children have been withdrawn compared with the initial objective of 120 and have been reintegrated into alternative training. With regard to the support project for the social and family reintegration of street children in Dakar, 307 children have been removed compared with an initial objective of 150. They have also been integrated into alternative training.

Clause (d). Children at special risk. 1. Child HIV/AIDS victims and orphans. The Committee notes that the Government has formulated a new Strategic Plan to Combat Aids (PSLS) 2007–11. One of the objectives of the PSLS is to improve the quality of the life of orphans and vulnerable children. It further 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 child HIV/AIDS orphans in Senegal is around 25,000. The Committee observes that HIV/AIDS has negative effects on orphans who are at greater risk of being engaged in the worst forms of child labour. It therefore requests the Government to provide information on the specific time-bound measures taken, in the context of the implementation of the new PSLS 2007–11, to prevent child HIV/AIDS orphans from being engaged in the worst forms of child labour.

2. Street children. The Committee notes that, in its concluding observations of October 2006 (CRC/C/SEN/CO/2, paragraphs 58 and 59), the Committee on the Rights of the Child, while noting the steps taken by the Government to address the rights and needs of street children, expressed concern at the number of children living in the streets and engaged in begging. The Committee notes that children living or working in the streets are particularly exposed to the worst forms of child labour. It therefore requests the Government to provide information on the effective and time-bound measures taken to protect children living in the streets from the worst forms of child labour and to ensure their rehabilitation and social integration.

Clause (e). The special situation of girls. With reference to its previous comments, the Committee takes due note of the information provided by the Government that, with regard to the project to support school attendance by girls in the areas which are the greatest users of child labour in domestic service in Senegal and the project to prevent child labour, by girls in rural areas, support basic education and protect girls in domestic work, 14,000 girls have benefited from these projects in relation to an initial objective of 4,500. In the field of school attendance, 44,638 girls have been enrolled in school in relation to an objective of 10,000. With reference to educational support, the provision of school supplies and social assistance, 6,842 girls have benefited in comparison with an initial objective of 400. The Committee strongly encourages the Government to continue taking effective and time-bound measures to protect girls from the worst forms of child labour and asks it to provide information on the results achieved.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

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

The Committee noted the communication of the National Confederation of Workers of Senegal (CNTS) of 1 September 2008.

Article 3 of the Convention. Worst forms of child labour. Clause (a). Forced or compulsory labour. Begging. In its comments, the CNTS indicated that the Government needs to indicate clearly the action that it intends to take to eradicate the exploitation of children, and particularly the phenomenon of child talibés, which may be considered as one of the worst forms of child labour. The CNTS added that persons responsible for such exploitation of children are easily identifiable.

The Committee noted that according to the UNICEF report on trafficking in persons, especially women and children, in West and Central Africa, published in 2006, internal trafficking exists in Senegal from rural to urban areas, particularly in the case of child talibés, who beg in the streets of Dakar. Child talibés from Guinea, Guinea-Bissau, Gambia and Mali are also exploited in the large cities of Senegal. The Committee further noted that the Committee on the Rights of the Child, in its concluding observations on the second periodic report of Senegal in October 2006 (CRC/C/SEN/CO/2, paragraphs 60 and 61), expressed concern at the large number of working children and in particular the current practices of Koranic schools run by marabouts who use the talibés for economic gain by sending them to agricultural fields or to the streets for begging and other illicit work that provides money, thus denying them access to health, education and good living conditions.

The Committee noted that section 3(1) of Act No. 02/2005 of 29 April 2005 prohibits any person who, for economic gain, organizes another person to beg or who employs, procures or deceives a person with a view to delivering such person to beg or who exerts pressure on a person to beg or to continue to beg. Under subsection (2) of this section, there shall be no suspension of the implementation of the sentence where the offence is committed in relation to a minor.

The Committee observed that, although the legislation is in conformity with the Convention on this point, the phenomenon of child talibés remains a concern in practice. The Committee expressed concern at the use of these children for purely economic purposes. It once again  requests the Government to take the necessary measures to give effect to the national legislation on begging and to punish marabouts who use children for purely economic purposes. The Committee also asks the Government to provide information on the time-bound measures adopted to prevent young persons under 18 years of age from becoming victims of forced or compulsory labour, such as begging. Furthermore, it once again asks the Government to indicate the effective and time-bound measures adopted to protect these children against forced labour and to ensure their rehabilitation and social integration.

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 very near future.

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

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. The sale and trafficking of children. In its previous comments, the Committee noted that the sale and trafficking of children does not appear to be prohibited by the national legislation. The Committee notes with interest the adoption of Act No. 02/2005 of 29 April 2005 respecting measures to combat the trafficking of persons and similar practices and the protection of victims (Act No. 02/2005 of 29 April 2005). In particular, it notes that the first section, subsection 1, of this Act establishes penalties for any person who procures, transports, transfers, accommodates or receives persons by means of threats or recourse to violence, abduction, fraud, deceit, abuse of authority or of a situation of vulnerability or by offering or accepting payment to obtain the consent of a person with authority over another, for the purposes of sexual exploitation, forced labour or services, slavery or practices similar to slavery. Under subsection 2, the offence of trafficking is committed against a minor, even where none of the means of threats or violence enumerated in subsection 1 have been used. Furthermore, under section 2 of Act No. 02/2005 of 29 April 2005, the maximum sentence is applied if the offence of the trafficking is committed in respect of a minor.

The Committee however notes that, according to a UNICEF report on the trafficking of persons, particularly women and children, in Western and Central Africa, published in 2006, children from Gambia, Guinea, Guinea-Bissau and Mali are the victims of trafficking to Senegal and, in reverse, children from Senegal are the victims of trafficking to Gambia and Nigeria. Furthermore, according to the UNICEF report, the internal trafficking of children also involves girls who are exploited in domestic service or for sexual purposes in touristic areas. Girls from Senegal are also victims of trafficking to Gambia for sexual exploitation in view of the predominance of sexual tourism in that country.

The Committee observes that, although the trafficking of children for economic and sexual exploitation is prohibited by the national legislation, it remains a cause of concern in practice. It expresses concern at the situation of these children and requests the Government to take the necessary measures to ensure that those found guilty of the trafficking of children for economic or sexual exploitation are in practice prosecuted and that sufficiently effective and dissuasive penalties are applied against them. In this respect, the Committee requests the Government to provide information on the effect given in practice to Act No. 02/2005 of 29 April 2005, respecting measures to combat the trafficking of persons and similar practices and for the protection of victims including statistics on the number and nature of the infringements reported, the investigations conducted, prosecutions, convictions and penal sanctions applied.

2. Forced or compulsory recruitment of children for use in armed conflict. With reference to its previous comments, the Committee notes the Government’s indication that military service is voluntary and that the age of those recruited for voluntary military service is between 18 and 21 years. The Committee adds that military service is authorized for persons who have reached the age of majority.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee noted previously that section 2(2) of Ministerial Order No. 3749/MFPTEOP/DTSS determining and prohibiting the worst forms of child labour of 6 June 2003 [hereinafter, Order No. 3749 of 6 June 2003] provides that the prostitution of minors is one of the worst forms of child labour and that it is accordingly prohibited. It further notes that the prostitution of minors is prohibited by section 327bis of the Penal Code. The Committee previously requested the Government to specify the age up to which a person is considered to be a minor under penal law and the penal provisions applicable to child prostitution. The Committee notes the Government’s indications that a person is considered to be a minor until she or he has reached the age of 18 years. It also notes the Government’s indication that sections 323 and 324 of the Penal Code penalize procuring.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. In its previous comments, the Committee noted that section 2(2) of Order No. 3749 of 6 June 2003 prohibits the production of pornographic performances. It also noted that certain provisions of the Penal Code (in particular sections 256 and 257) and the Code of Penal Procedure (sections 593–604) address the protection of children whose morals are at risk. It requested the Government to specify the penal provisions prohibiting and penalizing the use, procuring or offering of a child under 18 years of age for the production of pornography or for pornographic performances. The Committee notes the information provided by the Government that sections 256 and 257 of the Penal Code and sections 593–604 of the Code of Penal Procedure prohibit and penalize the use, procuring or offering of a minor under 21 years of age for the production of pornography or for pornographic performances. It requests the Government to indicate the manner in which these provisions are applied in practice with a view to the effective prohibition and penalization of the use, procuring or offering of a child under 18 years of age for the production of pornography or for pornographic performances.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee noted previously that section 94 of Act No. 97-18 of 1 December 1997 issuing the Drug Code (the Drug Code) appeared only to prohibit manufacture, distribution and use of drugs. The Committee requested the Government to indicate whether the use of a child for illicit activities is prohibited and, if so, to specify the applicable legislation and sanctions. The Committee notes the information provided by the Government that the use of a minor for illicit activities is prohibited by sections 593 et seq. of the Code of Penal Procedure and sections 95–103 of the Drug Code. It further notes the Government’s indication that, under section 112 of the Drug Code, the use of a minor to commit one of the offences envisaged in the Code is an aggravating factor in respect of sentencing.

Clause (d) and Article 4. Hazardous work. The Committee previously requested the Government to indicate whether consultations were held with workers’ and employers’ organizations concerning the formulation of the schedule of hazardous types of work contained in Order No. 3749 on the worst forms of child labour of 6 June 2003, which determines the types of work prohibited for persons under 18 years of age. The Committee takes due note of the information provided by the Government that consultations were held with employers’ and workers’ organizations on the schedule of hazardous types of work. They were held in the National Labour and Social Security Advisory Council, in accordance with section L.205 of the Labour Code.

Article 5. Monitoring mechanisms. The Committee previously requested the Government to provide information on the mechanisms established for the implementation of the Convention by labour and social security inspectors in cases where the national measures relate to the application of penal provisions (prostitution, pornography, illicit activities, etc.). The Committee notes the information provided by the Government that, for the application of measures under the Penal Code rather than the Labour Code, a labour inspector who identifies a contravention draws up a report and transmits it to the Attorney-General of the Republic with a view to criminal prosecution.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes the information provided by the Government that all the technical cooperation projects with ILO/IPEC ended on 31 December 2007. It notes with interest the statistical data provided by the Government concerning the large number of children and their families who benefited directly or indirectly from all of the programmes undertaken in collaboration with ILO/IPEC, namely 68,726 children, of whom 57,615 were girls. In particular, through the support project for the implementation of the Time-bound programme (TBP), 15,559 children, of whom 8,765 were girls, benefited directly from the project. Of these, 12,231 children were prevented from being engaged in work at an early age and 3,328 children were removed from the worst forms of child labour. The Committee expresses the strong hope that the Government will pursue its efforts to prevent children from being engaged in the worst forms of child labour and for their removal from these worst forms of child labour. It requests the Government to provide information on the measures adopted in this respect.

Clause (a). Preventing children from being engaged in the worst forms of child labour. 1. Programmes of action. With reference to its previous comments, the Committee takes due note of the information provided by the Government that, in the case of the Programme for the Prevention of Work by Children at an Early Age and Support for Children’s Associations, 10,569 children benefited from the programme, of which the initial objective was 2,500.

2. Access to free basic education. The Committee notes that, according to the UNESCO Education for All Global Monitoring Report 2008 entitled Education for All by 2015: Will we make it?, Senegal has little chance of achieving the objective of Education for All at the primary level by 2015. The Committee also notes that, according to the 2006 statistics of the UNESCO Institute for Statistics, only 49 per cent of children complete their primary education. According to these statistics, 70 per cent of girls and 71 per cent of boys attend primary school (6–12 years), compared with 18 per cent of girls and 23 per cent of boys for secondary school. The Committee expresses concern at the very low proportion of children who complete their primary studies and the low rates of attendance at secondary school. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee strongly encourages the Government to redouble its efforts to improve the functioning of the education system, particularly by increasing the school attendance rate and reducing the school drop-out rate, with particular emphasis on girls. It requests the Government to provide information on the results achieved.

Clause (b). Assistance for the removal of children from the worst forms of child labour. The Committee previously noted the establishment of a programme to support the social reintegration of children recycling rubbish from the Mbeubeuss public waste dump and a support project for the social and family reintegration of street children in Dakar and Mbour. It requested the Government to provide information on the results achieved. The Committee notes the information provided by the Government that, in the context of the support programme for the social reintegration of children engaged in recycling rubbish from the Mbeubeuss public waste dump, 149 children have been withdrawn compared with the initial objective of 120 and have been reintegrated into alternative training. With regard to the support project for the social and family reintegration of street children in Dakar, 307 children have been removed compared with an initial objective of 150. They have also been integrated into alternative training.

Clause (d). Children at special risk. 1. Child HIV/AIDS victims and orphans. The Committee notes that the Government has formulated a new Strategic Plan to Combat Aids (PSLS) 2007–11. One of the objectives of the PSLS is to improve the quality of the life of orphans and vulnerable children. It further 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 child HIV/AIDS orphans in Senegal is around 25,000. The Committee observes that HIV/AIDS has negative effects on orphans who are at greater risk of being engaged in the worst forms of child labour. It therefore requests the Government to provide information on the specific time-bound measures taken, in the context of the implementation of the new PSLS 2007–11, to prevent child HIV/AIDS orphans from being engaged in the worst forms of child labour.

2. Street children. The Committee notes that, in its concluding observations of October 2006 (CRC/C/SEN/CO/2, paragraphs 58 and 59), the Committee on the Rights of the Child, while noting the steps taken by the Government to address the rights and needs of street children, expressed concern at the number of children living in the streets and engaged in begging. The Committee notes that children living or working in the streets are particularly exposed to the worst forms of child labour. It therefore requests the Government to provide information on the effective and time-bound measures taken to protect children living in the streets from the worst forms of child labour and to ensure their rehabilitation and social integration.

Clause (e). The special situation of girls. With reference to its previous comments, the Committee takes due note of the information provided by the Government that, with regard to the project to support school attendance by girls in the areas which are the greatest users of child labour in domestic service in Senegal and the project to prevent child labour, by girls in rural areas, support basic education and protect girls in domestic work, 14,000 girls have benefited from these projects in relation to an initial objective of 4,500. In the field of school attendance, 44,638 girls have been enrolled in school in relation to an objective of 10,000. With reference to educational support, the provision of school supplies and social assistance, 6,842 girls have benefited in comparison with an initial objective of 400. The Committee strongly encourages the Government to continue taking effective and time-bound measures to protect girls from the worst forms of child labour and asks it to provide information on the results achieved.

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

The Committee notes the communication of the National Confederation of Workers of Senegal (CNTS) of 1 September 2008.

Article 3 of the Convention. Worst forms of child labour. Clause (a). Forced or compulsory labour. Begging. In its comments, the CNTS indicates that the Government needs to indicate clearly the action that it intends to take to eradicate the exploitation of children, and particularly the phenomenon of child talibés, which may be considered as one of the worst forms of child labour. The CNTS adds that persons responsible for such exploitation of children are easily identifiable.

According to the UNICEF report on trafficking in persons, especially women and children, in West and Central Africa, published in 2006, internal trafficking exists in Senegal from rural to urban areas, particularly in the case of child talibés, who beg in the streets of Dakar. Child talibés from Guinea, Guinea-Bissau, Gambia and Mali are also exploited in the large cities of Senegal. The Committee further notes that the Committee on the Rights of the Child, in its concluding observations on the second periodic report of Senegal in October 2006 (CRC/C/SEN/CO/2, paragraphs 60 and 61), expressed concern at the large number of working children and in particular the current practices of Koranic schools run by marabouts who use the talibés for economic gain by sending them to agricultural fields or to the streets for begging and other illicit work that provides money, thus denying them access to health, education and good living conditions.

The Committee notes that section 3(1) of Act No. 02/2005 of 29 April 2005 prohibits any person who, for economic gain, organizes another person to beg or who employs, procures or deceives a person with a view to delivering such person to beg or who exerts pressure on a person to beg or to continue to beg. Under subsection (2) of this section, there shall be no suspension of the implementation of the sentence where the offence is committed in relation to a minor.

The Committee observes that, although the legislation is in conformity with the Convention on this point, the phenomenon of child talibés remains a concern in practice. The Committee expresses concern at the use of these children for purely economic purposes. It requests the Government to take the necessary measures to give effect to the national legislation on begging and to punish marabouts who use children for purely economic purposes. The Committee also asks the Government to provide information on the time-bound measures adopted to prevent young persons under 18 years of age from becoming victims of forced or compulsory labour, such as begging. Furthermore, it asks the Government to indicate the effective and time-bound measures adopted to protect these children against forced labour and to ensure their rehabilitation and social integration.

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

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

The Committee notes with regret that for the third consecutive year 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 1 of the Convention. Measures intended to secure the prohibition and elimination of the worst forms of child labour. The Committee noted with interest that the Government was currently conducting six programmes of action in collaboration with IPEC. It also noted that, in the framework of the second phase of the national programme of action to eliminate child labour and to urgently increase their protection against the worst forms of child labour, the Government signed a second Memorandum of Understanding with ILO/IPEC in January 2003 for a three‑year period. It also noted that a four-year project will start in 2004; the objective of this project is the elimination of the worst forms of child labour for children exploited in begging, girls working in domestic work and hazardous types of child labour in agriculture, fishing and animal husbandry. The Committee requests the Government to keep it informed of the projects being carried out and their results.

Article 3. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. The sale and trafficking of children. The Committee noted that, under the terms of section 2(1) of Order No. 003749 of 6 June 2003 determining and prohibiting the worst forms of child labour, begging carried out by children for a third party constitutes one of the worst forms of child labour, as well as bonded labour for a third party. Senegal has ratified the 1949 Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others and has also signed the Additional Protocol to the United Nations Convention against Transnational Organized Crime to prevent, suppress and punish trafficking in persons, especially women and children. It has also signed the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography. The Committee noted, however, that the sale and trafficking of children does not appear to be prohibited by the national legislation. The Committee therefore requests the Government to provide information on the measures adopted or envisaged to prohibit the trafficking and sale of children.

2. Forced or compulsory recruitment of children for use in armed conflict. The Committee noted that Order No. 003749 of 6 June 2003 determining and prohibiting the worst forms of child labour does not explicitly refer to the recruitment of children in the armed forces. It also noted the Government’s statement in 1994 to the Committee on the Rights of the Child that its legislation is based on both voluntary and compulsory service. The Government also indicated that recruitment takes place between 18 and 21 years of age. Recalling that under the terms of Article 3(a) of the Convention, the forced or compulsory recruitment of children for use in armed conflict constitutes one of the worst forms of child labour, the Committee requests the Government to specify the minimum age at which a person may be called up for compulsory military service and to provide a copy of the texts establishing the conditions for the recruitment of soldiers.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee noted that section 2(2) of Order No. 003749 of 6 June 2003 provides that child prostitution constitutes one of the worst forms of child labour and that as such it is prohibited for persons under 18 years of age. It also noted that child prostitution appears to be prohibited under section 327bis of the Penal Code. The Committee requests the Government to specify the age up to which a person is considered to be a minor under penal law and the penal provisions applicable to child prostitution and whether they prohibit and effectively punish the use, procuring or offering of a child under 18 years of age for prostitution. It would be grateful if the Government would provide a copy of the most recent version of the Penal Code.

2. Child pornography. The Committee noted that section 2(2) of Order No. 003749 of 6 June 2003 prohibits the production of pornographic performances. It also noted that certain provisions of the Penal Code (in particular sections 256 and 257) and of the Code of Penal Procedure (sections 593 and 604) address the protection of children whose morals are at risk. The Committee requests the Government to specify the penal provisions prohibiting and penalizing the use, procuring or offering a child under 18 years of age for the production of pornographic materials or pornographic performances.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee noted that, under the terms of section 2(2) of Order No. 003749 of 6 June 2003, the production, transport, sale or consumption of drugs constitutes one of the worst forms of child labour. It also noted that section 94 of Act No. 97-18 of 1 December 1997 issuing the Drug Code appears to prohibit only the exercise of these activities and not the use of children for these illicit activities. The Committee recalled that Article 3(c) of the Convention provides that the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs, is one of the worst forms of child labour. The Committee therefore requests the Government to indicate whether the use of children for illicit activities is prohibited and, if so, to specify the applicable legislation and sanctions.

Articles 3(d) and 4. Hazardous work. The Committee noted that Order No. 003749 of 6 June 2003 on the worst forms of child labour fixes the type of work prohibited for children under 18 years of age. The Committee requests the Government to indicate whether consultations were held with workers’ and employers’ organizations concerning the list of hazardous types of work.

Article 4, paragraph 2. Determination of hazardous work. The Committee noted that the Government’s report provides no information on the measures taken to determine where the types of work exist which, by their nature or the circumstances in which they are carried out, are likely to harm the health, safety or morals of young persons. The Committee recalled that Article 4, paragraph 2, of the Convention provides that the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the hazardous types of work so determined exist. The Committee therefore requests the Government to indicate the measures adopted or envisaged, after consultation with the organizations of employers and workers concerned, to specify where the types of work so determined exist.

Article 5. Mechanisms to monitor the implementation of the provisions giving effect to this Convention. The Committee noted the information provided by the Government in its report indicating that the labour administration services are responsible for monitoring the implementation of the provisions of the Convention. The Committee noted that section L.197 of the Labour Code determines the powers of labour inspectors. It also noted that the final sections of each of the four Orders of 6 June 2003 (the Order respecting child labour, the Order determining and prohibiting the worst forms of child labour, the Order on the nature of the types of hazardous work prohibited for children and young persons, and the Order determining the categories of enterprises and types of work prohibited for children and young persons) provide that the labour and social security inspectors are responsible for enforcing the Orders. The Committee requests the Government to provide information on the mechanisms established or envisaged for the implementation of the Convention by labour and social security inspectors in cases where the national measures relate to the application of penal measures (prostitution, pornography, illicit activities, … ) rather than the application of the provisions of the Labour Code.

Article 6. The Committee noted with interest that Senegal, in collaboration with IPEC, is implementing various programmes (six programmes are currently being implemented) in the framework of the second phase of the national programme of action to eliminate child labour and urgently increase their protection against the worst forms of child labour. The Committee also noted that the country receives financial assistance to carry out SIMPOC surveys. The Committee requests the Government to provide information on the implementation of these programmes of action and their results.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Measures taken to prevent the engagement of children in the worst forms of child labour. The Committee noted the establishment of a programme to prevent the employment of young children and to support children’s associations in seven regions of Senegal (1 July 2002-1 December 2003), and the existence of a programme to improve the working conditions of children in Senegal (15 August 2002­–5 November 2003). The Committee requests the Government to provide information on the results achieved by these programmes.

Clause (b). Assistance for the removal of children from the worst forms of child labour. The Committee noted the establishment of a programme to support the social reintegration of children recyclers working in the Mbeubeuss public waste dump (15 June 2002–5 November 2003) and a project to support the social and family reintegration of street children in Dakar and Mbour (15 July
2002–15 October 2003). The Committee requests the Government to continue keeping it informed of the measures taken to remove children from the worst forms of child labour and the results achieved.

Clause (d). Children at special risk. The Committee noted that the 1999 report of the Ministry of Labour and Employment entitled “Child Labour in Senegal” refers to the methodological survey carried out in 1993 by the Department for Forecasting and Statistics in collaboration with IPEC and UNICEF, according to which 78 per cent of child workers from 9 to 15 years of age usually work as family helpers, principally in agriculture. The Committee also noted that the Government decided, when ratifying Convention No. 138, to exclude from the scope of the Convention “non-remunerated traditional types of farm or rural work in the family context by children under 15 years of age, which are intended to improve their integration into their social environment and context”. It also noted that the report of the mission for the preparation of a time-bound programme in Senegal
(15–22 March 2003) identified priority areas of intervention: agriculture, animal husbandry, fishing and the exploitation of children for begging (working conditions, psycho‑social problems, problems of an institutional nature, socio-cultural and socio-economic problems). The Committee requests the Government to provide information on the general situation of employment or work as family helpers in agriculture, and particularly whether those involved are at risk of being engaged in one of the worst forms of child labour.

Clause (e). The special situation of girls. The Committee noted the existence of a project to support school attendance by girls in the areas which are the greatest users of child labour in domestic service in Senegal (15 May 2002–15 November 2003) and the project to prevent child labour by girls in rural areas, support basic education and protect girls in domestic work (15 July 2002–15 November 2003). It also noted that one of the recommendations of the seminar held on 15–22 March 2003 on the time-bound programme was to improve the skills of families in the regions providing girls for domestic work. The Committee requests the Government to provide information on the impact of these projects in eliminating the worst forms of child labour by girls.

Article 8. Enhanced international cooperation and/or assistance. The Committee noted that the Government’s report provides no information on the subject. It noted, however, that Senegal has been a member of Interpol since 1961, which helps to facilitate cooperation between the countries in the region, particularly through the exchange of information to combat child labour more effectively. It also noted that the ratification of the African Charter on Human and People’s Rights facilitates cooperation between Senegal and its neighbouring States. The African Commission on Human and People’s Rights made recommendations and adopted resolutions on the measures to be adopted in the various countries for the period 1988–2002. The Committee requests the Government to provide information on any agreements concluded between Senegal and its neighbouring countries, particularly to eliminate child trafficking.

Part V of the report form. The Committee noted that Senegal receives financial assistance to carry out SIMPOC surveys but that, in view of an institutional problem at the level of the statistical institute and the fact that the preparation of a time-bound programme requires reliable qualitative and quantitative statistical data, it is proposed instead to conduct basic surveys in the priority sectors of the time-bound programme. The Committee noted the Government’s indication in its report that studies have been carried out by national consultants on, among others, the following subjects: (a) a study of the worst forms of child labour in the artisanal maritime fishing sector in Senegal; (b) the exploitation of children in begging in Senegal; (c) a study on the risks for children working in agriculture and animal husbandry; and (d) child labour in gold washing, quarries and salt production. The Committee encourages the Government to pursue its efforts and requests it to provide a copy of the above studies, copies or extracts of the reports of the inspection services and any other relevant information, including statistics on the nature, extent and trends in the worst forms of child labour and on the number and nature of violations reported and the penal sanctions imposed.

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

The Committee notes with regret 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 1 of the Convention. Measures intended to secure the prohibition and elimination of the worst forms of child labour. The Committee notes with interest that the Government is currently conducting six programmes of action in collaboration with IPEC. It also notes that, in the framework of the second phase of the national programme of action to eliminate child labour and to urgently increase their protection against the worst forms of child labour, the Government signed a second Memorandum of Understanding with ILO/IPEC in January 2003 for a three-year period. It also notes that a four-year project will start in 2004; the objective of this project is the elimination of the worst forms of child labour for children exploited in begging, girls working in domestic work and hazardous types of child labour in agriculture, fishing and animal husbandry. The Committee requests the Government to keep it informed of the projects being carried out and their results.

Article 3. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. The sale and trafficking of children. The Committee notes that under the terms of section 2(1) of Order No. 003749 of 6 June 2003 determining and prohibiting the worst forms of child labour, begging carried out by children for a third party constitutes one of the worst forms of child labour, as well as bonded labour for a third party. Senegal has ratified the 1949 Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others and has also signed the Additional Protocol to the United Nations Convention against Transnational Organized Crime to prevent, suppress and punish trafficking in persons, especially women and children. It has also signed the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography. The Committee notes, however, that the trafficking and sale of children do not appear to be prohibited by the national legislation. The Committee therefore requests the Government to provide information on the measures adopted or envisaged to prohibit the trafficking and sale of children.

2. Forced or compulsory recruitment of children for use in armed conflict. The Committee notes that Order No. 003749 of 6 June 2003 determining and prohibiting the worst forms of child labour does not explicitly refer to the recruitment of children in the armed forces. It also notes the Government’s statement in 1994 to the Committee on the Rights of the Child that its legislation is based on both voluntary and compulsory service. The Government also indicated that recruitment takes place between 18 and 21 years of age. Recalling that under the terms of Article 3(a) of the Convention, the forced or compulsory recruitment of children for use in armed conflict constitutes one of the worst forms of child labour, the Committee requests the Government to specify the minimum age at which a person may be called up for compulsory military service and to provide a copy of the texts establishing the conditions for the recruitment of soldiers.

Clause (b). 1. The use, procuring or offering of a child for prostitution. The Committee notes that section 2(2) of Order No. 003749 of 6 June 2003 provides that child prostitution constitutes one of the worst forms of child labour and that as such it is prohibited for persons under 18 years of age. It also notes that child prostitution appears to be prohibited under section 327bis of the Penal Code. The Committee requests the Government to specify the age up to which a person is considered to be a minor under penal law and the penal provisions applicable to child prostitution and whether they prohibit and effectively punish the use, procuring or offering of a child under 18 years of age for prostitution. It would be grateful if the Government would provide a copy of the most recent version of the Penal Code.

2. Child pornography. The Committee notes that section 2(2) of Order No. 003749 of 6 June 2003 prohibits the production of pornographic performances. It also notes that certain provisions of the Penal Code (in particular sections 256 and 257) and of the Code of Penal Procedure (sections 593 and 604) address the protection of children whose morals are at risk. The Committee requests the Government to specify the penal provisions prohibiting and penalizing the use, procuring or offering a child under 18 years of age for the production of pornographic materials or pornographic performances.

Clause (c). The use, procuring or offering of a child for illicit activities. The Committee notes that under the terms of section 2(2) of Order No. 003749 of 6 June 2003, the production, transport, sale or consumption of drugs constitutes one of the worst forms of child labour. It also notes that section 94 of Act No. 97-18 of 1 December 1997 issuing the Drug Code appears to prohibit only the exercise of these activities and not the use of children for these illicit activities. The Committee recalls that Article 3(c) of the Convention provides that the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs, is one of the worst forms of child labour. The Committee therefore requests the Government to indicate whether the use of children for illicit activities is prohibited and, if so, to specify the applicable legislation and sanctions.

Articles 3(d) and 4. Hazardous work. The Committee notes that Order No. 003749 of 6 June 2003 on the worst forms of child labour fixes the type of work prohibited for children under 18 years of age. The Committee requests the Government to indicate whether consultations were held with workers’ and employers’ organizations concerning the list of hazardous types of work.

Article 4, paragraph 2. Determination of hazardous work. The Committee notes that the Government’s report provides no information on the measures taken to determine where the types of work exist which, by their nature or the circumstances in which they are carried out, are likely to harm the health, safety or morals of young persons. The Committee recalls that Article 4, paragraph 2, of the Convention provides that the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the hazardous types of work so determined exist. The Committee therefore requests the Government to indicate the measures adopted or envisaged, after consultation with the organizations of employers and workers concerned, to specify where the types of work so determined exist.

Article 5. Mechanisms to monitor the implementation of the provisions giving effect to this Convention. The Committee notes the information provided by the Government in its report indicating that the labour administration services are responsible for monitoring the implementation of the provisions of the Convention. The Committee notes that section L.197 of the Labour Code determines the powers of labour inspectors. It also notes that the final sections of each of the four Orders of 6 June 2003 (the Order respecting child labour, the Order determining and prohibiting the worst forms of child labour, the Order on the nature of the types of hazardous work prohibited for children and young persons, and the Order determining the categories of enterprises and types of work prohibited for children and young persons) provide that the labour and social security inspectors are responsible for enforcing the Orders. The Committee requests the Government to provide information on the mechanisms established or envisaged for the implementation of the Convention by labour and social security inspectors in cases where the national measures relate to the application of penal measures (prostitution, pornography, illicit activities, … ) rather than the application of the provisions of the Labour Code.

Article 6. The Committee notes with interest that Senegal, in collaboration with IPEC, is implementing various programmes (six programmes are currently being implemented) in the framework of the second phase of the national programme of action to eliminate child labour and urgently increase their protection against the worst forms of child labour. The Committee also notes that the country receives financial assistance to carry out SIMPOC surveys. The Committee requests the Government to provide information on the implementation of these programmes of action and their results.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Measures taken to prevent the engagement of children in the worst forms of child labour. The Committee notes the establishment of a programme to prevent the employment of young children and to support children’s associations in seven regions of Senegal (1 July 2002-1 December 2003), and the existence of a programme to improve the working conditions of children in Senegal (15 August 2002‑5 November 2003). The Committee requests the Government to provide information on the results achieved by these programmes.

Clause (b). Assistance for the removal of children from the worst forms of child labour. The Committee notes the establishment of a programme to support the social reintegration of children recyclers working in the Mbeubeuss public waste dump (15 June 2002-5 November 2003) and a project to support the social and family reintegration of street children in Dakar and Mbour (15 July 2002-15 October 2003). The Committee requests the Government to continue keeping it informed of the measures taken to remove children from the worst forms of child labour and the results achieved.

Clause (d). Children at special risk. The Committee notes that the 1999 report of the Ministry of Labour and Employment entitled “Child Labour in Senegal” refers to the methodological survey carried out in 1993 by the Department for Forecasting and Statistics in collaboration with IPEC and UNICEF, according to which 78 per cent of child workers from 9 to 15 years of age usually work as family helpers, principally in agriculture. The Committee also notes that the Government decided, when ratifying Convention No. 138, to exclude from the scope of the Convention “non-remunerated traditional types of farm or rural work in the family context by children under 15 years of age, which are intended to improve their integration into their social environment and context”. It also notes that the report of the mission for the preparation of a time-bound programme in Senegal (15-22 March 2003) identified priority areas of intervention: agriculture, animal husbandry, fishing and the exploitation of children for begging (working conditions, psycho‑social problems, problems of an institutional nature, socio-cultural and socio-economic problems). The Committee requests the Government to provide information on the general situation of employment or work as family helpers in agriculture, and particularly whether those involved are at risk of being engaged in one of the worst forms of child labour.

Clause (e). The special situation of girls. The Committee notes the existence of a project to support school attendance by girls in the areas which are the greatest users of child labour in domestic service in Senegal (15 May 2002-15 November 2003) and the project to prevent child labour by girls in rural areas, support basic education and protect girls in domestic work (15 July 2002-15 November 2003). It also notes that one of the recommendations of the seminar held on 15-22 March 2003 on the time-bound programme was to improve the skills of families in the regions providing girls for domestic work. The Committee requests the Government to provide information on the impact of these projects in eliminating the worst forms of child labour by girls.

Article 8. Enhanced international cooperation and/or assistance. The Committee notes that the Government’s report provides no information on the subject. It notes, however, that Senegal has been a member of Interpol since 1961, which helps to facilitate cooperation between the countries in the region, particularly through the exchange of information to combat child labour more effectively. It also notes that the ratification of the African Charter on Human and People’s Rights facilitates cooperation between Senegal and its neighbouring States. The African Commission on Human and People’s Rights made recommendations and adopted resolutions on the measures to be adopted in the various countries for the period 1988-2002. The Committee requests the Government to provide information on any agreements concluded between Senegal and its neighbouring countries, particularly to eliminate child trafficking.

Part V of the report form. The Committee notes that Senegal receives financial assistance to carry out SIMPOC surveys but that, in view of an institutional problem at the level of the statistical institute and the fact that the preparation of a time-bound programme requires reliable qualitative and quantitative statistical data, it is proposed instead to conduct basic surveys in the priority sectors of the time-bound programme. The Committee notes the Government’s indication in its report that studies have been carried out by national consultants on, among others, the following subjects: (a) a study of the worst forms of child labour in the artisanal maritime fishing sector in Senegal; (b) the exploitation of children in begging in Senegal; (c) a study on the risks for children working in agriculture and animal husbandry; and (d) child labour in gold washing, quarries and salt production. The Committee encourages the Government to pursue its efforts and requests it to provide a copy of the above studies, copies or extracts of the reports of the inspection services and any other relevant information, including statistics on the nature, extent and trends in the worst forms of child labour and on the number and nature of violations reported and the penal sanctions imposed.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

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:

The Committee notes the communication by the International Confederation of Free Trade Unions (ICFTU) dated 23 September 2003 containing comments on the application of the Convention. A copy of this communication was sent to the Government on 20 October 2003 for it to make any comments it deems appropriate on the issues raised. The Committee requests the Government to provide information on the following points.

Article 1 of the Convention. Measures intended to secure the prohibition and elimination of the worst forms of child labour. The Committee notes with interest that the Government is currently conducting six programmes of action in collaboration with IPEC. It also notes that, in the framework of the second phase of the national programme of action to eliminate child labour and to urgently increase their protection against the worst forms of child labour, the Government signed a second Memorandum of Understanding with ILO/IPEC in January 2003 for a three-year period. It also notes that a four-year project will start in 2004; the objective of this project is the elimination of the worst forms of child labour for children exploited in begging, girls working in domestic work and hazardous types of child labour in agriculture, fishing and animal husbandry. The Committee requests the Government to keep it informed of the projects being carried out and their results.

Article 3. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. The sale and trafficking of children. The Committee notes that under the terms of section 2(1) of Order No. 003749 of 6 June 2003 determining and prohibiting the worst forms of child labour, begging carried out by children for a third party constitutes one of the worst forms of child labour, as well as bonded labour for a third party. Senegal has ratified the 1949 Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others and has also signed the Additional Protocol to the United Nations Convention against Transnational Organized Crime to prevent, suppress and punish trafficking in persons, especially women and children. It has also signed the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography. The Committee notes, however, that the trafficking and sale of children do not appear to be prohibited by the national legislation. The Committee therefore requests the Government to provide information on the measures adopted or envisaged to prohibit the trafficking and sale of children.

2. Forced or compulsory recruitment of children for use in armed conflict. The Committee notes that Order No. 003749 of 6 June 2003 determining and prohibiting the worst forms of child labour does not explicitly refer to the recruitment of children in the armed forces. It also notes the Government’s statement in 1994 to the Committee on the Rights of the Child that its legislation is based on both voluntary and compulsory service. The Government also indicated that recruitment takes place between 18 and 21 years of age. Recalling that under the terms of Article 3(a) of the Convention, the forced or compulsory recruitment of children for use in armed conflict constitutes one of the worst forms of child labour, the Committee requests the Government to specify the minimum age at which a person may be called up for compulsory military service and to provide a copy of the texts establishing the conditions for the recruitment of soldiers.

Clause (b). 1. The use, procuring or offering of a child for prostitution. The Committee notes that section 2(2) of Order No. 003749 of 6 June 2003 provides that child prostitution constitutes one of the worst forms of child labour and that as such it is prohibited for persons under 18 years of age. It also notes that child prostitution appears to be prohibited under section 327bis of the Penal Code. The Committee requests the Government to specify the age up to which a person is considered to be a minor under penal law and the penal provisions applicable to child prostitution and whether they prohibit and effectively punish the use, procuring or offering of a child under 18 years of age for prostitution. It would be grateful if the Government would provide a copy of the most recent version of the Penal Code.

2. Child pornography. The Committee notes that section 2(2) of Order No. 003749 of 6 June 2003 prohibits the production of pornographic performances. It also notes that certain provisions of the Penal Code (in particular sections 256 and 257) and of the Code of Penal Procedure (sections 593 and 604) address the protection of children whose morals are at risk. The Committee requests the Government to specify the penal provisions prohibiting and penalizing the use, procuring or offering a child under 18 years of age for the production of pornographic materials or pornographic performances.

Clause (c). The use, procuring or offering of a child for illicit activities. The Committee notes that under the terms of section 2(2) of Order No. 003749 of 6 June 2003, the production, transport, sale or consumption of drugs constitutes one of the worst forms of child labour. It also notes that section 94 of Act No. 97-18 of 1 December 1997 issuing the Drug Code appears to prohibit only the exercise of these activities and not the use of children for these illicit activities. The Committee recalls that Article 3(c) of the Convention provides that the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs, is one of the worst forms of child labour. The Committee therefore requests the Government to indicate whether the use of children for illicit activities is prohibited and, if so, to specify the applicable legislation and sanctions.

Articles 3 (d) and 4. Hazardous work. The Committee notes that Order No. 003749 of 6 June 2003 on the worst forms of child labour fixes the type of work prohibited for children under 18 years of age. The Committee requests the Government to indicate whether consultations were held with workers’ and employers’ organizations concerning the list of hazardous types of work.

Article 4, paragraph 2. Determination of hazardous work. The Committee notes that the Government’s report provides no information on the measures taken to determine where the types of work exist which, by their nature or the circumstances in which they are carried out, are likely to harm the health, safety or morals of young persons. The Committee recalls that Article 4, paragraph 2, of the Convention provides that the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the hazardous types of work so determined exist. The Committee therefore requests the Government to indicate the measures adopted or envisaged, after consultation with the organizations of employers and workers concerned, to specify where the types of work so determined exist.

Paragraph 3. The periodical examination and revision of the list of the hazardous work. The Committee notes that the Government’s report does not provide any information on the periodical examination and revision as necessary, in consultation with the organizations of employers and workers concerned, of the list of the types of work determined in accordance with paragraph 1. The Committee also notes that the lists of types of work set forth in the Orders of 6 June 2003 establishing, on the one hand, the nature of the hazardous types of work prohibited for children and young persons and, on the other hand, the categories of enterprises and types of work prohibited for children and young persons, are the same as those set forth in Order No. 3724 of 1953. The Committee requests the Government to indicate whether the national legislation provides for the periodical examination and revision as necessary, in consultation with the organizations of employers and workers concerned, of the list of the types of work determined in accordance with Article 4, paragraph 1, and, if so, to provide a copy of the text.

Article 5. Mechanisms to monitor the implementation of the provisions giving effect to this Convention. The Committee notes the information provided by the Government in its report indicating that the labour administration services are responsible for monitoring the implementation of the provisions of the Convention. The Committee notes that section L.197 of the Labour Code determines the powers of labour inspectors. It also notes that the final sections of each of the four Orders of 6 June 2003 (the Order respecting child labour, the Order determining and prohibiting the worst forms of child labour, the Order on the nature of the types of hazardous work prohibited for children and young persons, and the Order determining the categories of enterprises and types of work prohibited for children and young persons) provide that the labour and social security inspectors are responsible for enforcing the Orders. The Committee requests the Government to provide information on the mechanisms established or envisaged for the implementation of the Convention by labour and social security inspectors in cases where the national measures relate to the application of penal measures (prostitution, pornography, illicit activities, … ) rather than the application of the provisions of the Labour Code.

Article 6. The Committee notes with interest that Senegal, in collaboration with IPEC, is implementing various programmes (six programmes are currently being implemented) in the framework of the second phase of the national programme of action to eliminate child labour and urgently increase their protection against the worst forms of child labour. The Committee also notes that the country receives financial assistance to carry out SIMPOC surveys. The Committee requests the Government to provide information on the implementation of these programmes of action and their results.

Article 7, paragraph 1. 1. Measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention. The Committee notes the Government’s statement in its report that various measures have been adopted to ensure the prohibition and elimination of the worst forms of child labour: information and awareness-raising campaigns directed to all the actors involved in the field of child labour (management, employers’ and workers’ organizations, NGOs, the media, artists, parliamentarians, youth associations); support for studies or investigations on child labour; the formulation of legal texts respecting child labour; and the strengthening of penalties for persons guilty of acts of sexual abuse involving children. The Committee requests the Government to keep it informed of the projects being implemented and their results.

2. Sanctions. The Committee notes that the Orders of 6 June 2003 all contain a provision providing that the persons who violate the provisions of these Orders shall be liable to the sanctions envisaged under the current laws and regulations. It notes that the Penal Code and the Code of Penal Procedure punish the sexual exploitation of children (prostitution, pornography) and sexual abuse of children. Accordingly, any person who encourages the participation of young persons, even as spectators, in sexual acts involving adults shall be punished by fines of between CFA100,000 and CFA150,000 francs and a one- to five-year prison term; a heavier sanction is imposed where the child concerned is under 13 years of age. It also notes that section L.279(a) of the Labour Code imposes a fine of between CFA500,000 and CFA1,000,000 francs and a three-month to one-year prison term, or either of these penalties, for persons infringing the provisions prohibiting forced or compulsory labour. The Committee also notes that the various provisions of section L.279 of the Labour Code may constitute enforcement measures for the implementation of the provisions of the Convention. The sanctions envisaged for violations of the prohibition of forced or compulsory labour may also be imposed: on any person who, using violence, threats, deception, promises or fraud, forces or attempts to force, a worker to engage in work against her or his will (section L.279(c)); on any person who, by using a false contract or work book containing inaccurate information, gains employment or wilfully takes the place of another worker (section L.279(d)); on employers who knowingly include in a worker’s work book, the employer’s register or any other document, false statements on the length and conditions of the work performed by the worker, or on any worker who knowingly uses such statements (section L.279(e)). The Committee requests the Government to provide information on the sanctions imposed in practice and a copy of the Penal Code and the Code of Penal Procedure.

Paragraph 2. Effective and time-bound measures. Clause (a). Measures taken to prevent the engagement of children in the worst forms of child labour. The Committee notes the establishment of a programme to prevent the employment of young children and to support children’s associations in seven regions of Senegal (1 July 2002-1 December 2003), and the existence of a programme to improve the working conditions of children in Senegal (15 August 2002-5 November 2003). The Committee requests the Government to provide information on the results achieved by these programmes.

Clause (b). Assistance for the removal of children from the worst forms of child labour. The Committee notes the establishment of a programme to support the social reintegration of children recyclers working in the Mbeubeuss public waste dump (15 June 2002-5 November 2003) and a project to support the social and family reintegration of street children in Dakar and Mbour (15 July 2002-15 October 2003). The Committee requests the Government to continue keeping it informed of the measures taken to remove children from the worst forms of child labour and the results achieved.

Clause (c). Access to free basic education. The Committee notes that article 22 of the Constitution provides that all children shall have the right of access to school, but that schooling is not compulsory and free. The Committee also notes that one of the recommendations of the seminar held on 15-22 March 2003 on the preparation of a time-bound programme in Senegal is to promote free universal basic schooling for children under 15 years of age, in particular for girls and the most vulnerable children. The Committee requests the Government to keep it informed of the progress made in this respect.

Clause (d). Children at special risk. The Committee notes that the 1999 report of the Ministry of Labour and Employment entitled "Child Labour in Senegal" refers to the methodological survey carried out in 1993 by the Department for Forecasting and Statistics in collaboration with IPEC and UNICEF, according to which 78 per cent of child workers from 9 to 15 years of age usually work as family helpers, principally in agriculture. The Committee also notes that the Government decided, when ratifying Convention No. 138, to exclude from the scope of the Convention "non-remunerated traditional types of farm or rural work in the family context by children under 15 years of age, which are intended to improve their integration into their social environment and context". It also notes that the report of the mission for the preparation of a time-bound programme in Senegal (15-22 March 2003) identified priority areas of intervention: agriculture, animal husbandry, fishing and the exploitation of children for begging (working conditions, psycho-social problems, problems of an institutional nature, socio-cultural and socio-economic problems). The Committee requests the Government to provide information on the general situation of employment or work as family helpers in agriculture, and particularly whether those involved are at risk of being engaged in one of the worst forms of child labour.

Clause (e). The special situation of girls. The Committee notes the existence of a project to support school attendance by girls in the areas which are the greatest users of child labour in domestic service in Senegal (15 May 2002-15 November 2003) and the project to prevent child labour by girls in rural areas, support basic education and protect girls in domestic work (15 July 2002-15 November 2003). It also notes that one of the recommendations of the seminar held on 15-22 March 2003 on the time-bound programme was to improve the skills of families in the regions providing girls for domestic work. The Committee requests the Government to provide information on the impact of these projects in eliminating the worst forms of child labour by girls.

Paragraph 3. Noting the absence of information in the Government’s report, the Committee requests it to specify the competent authority or authorities responsible for the implementation of the provisions giving effect to this Convention and to indicate the methods for their enforcement.

Article 8. Enhanced international cooperation and/or assistance. The Committee notes that the Government’s report provides no information on the subject. It notes, however, that Senegal has been a member of Interpol since 1961, which helps to facilitate cooperation between the countries in the region, particularly through the exchange of information to combat child labour more effectively. It also notes that the ratification of the African Charter on Human and People’s Rights facilitates cooperation between Senegal and its neighbouring States. The African Commission on Human and People’s Rights made recommendations and adopted resolutions on the measures to be adopted in the various countries for the period 1988-2002. The Committee requests the Government to provide information on any agreements concluded between Senegal and its neighbouring countries, particularly to eliminate child trafficking.

Part IV of the report form. Application of the Convention in practice. The Committee notes with interest that Senegal has benefited from an IPEC national programme since 1998. The first phase of this programme (1998-2001) helped to improve the understanding of child labour and the risks inherent in it, and to establish programmes and policies to protect children against exploitation and perpetuation of child labour. The Government indicated in its report in 2002 that half of the budget was allocated to the implementation of 25 programmes of action, including: the training of labour inspectors in the approach to be adopted for supervising child labour provisions and to improve their knowledge of the legal and technical provisions respecting children; the formulation of draft texts to improve the situation of child workers and prevent child labour; financial support for parents of child workers to provide alternatives so they may be withdrawn from hazardous workplaces; the establishment of an inter-union committee to combat child labour; the creation of a child labour database; the creation of a network of anti-child labour activists; and the launching of the Red Card to Child Labour campaign in the context of the African Cup of Nations. The second phase (1 January 2002-31 December 2003) is currently under way and is designed to be a transitional phase towards the implementation of a time-bound programme which should start in 2004. The objective of this four-year programme should be the elimination of the worst forms of child labour in the exploitation of children in begging, girls working in domestic work and hazardous types of child labour in agriculture, fishing and animal husbandry. In its second report the Government indicates that, in the framework of the implementation of this time-bound programme actions will be taken to:

-  ensure universal schooling at the elementary level in the most underprivileged areas;

-  develop vocational training programmes for children from the most underprivileged areas;

-  improve the standard of living and instruction of the most destitute population groups;

-  improve the effectiveness of services responsible for punishing child labour offences;

-  create appropriate structures and ensure the training of specialized personnel for the rehabilitation of child victims of exploitation in the worst forms of child labour; and

-  identify appropriate indicators to evaluate the progress made in implementing the programme.

The Committee requests the Government to pursue its efforts and to keep it informed of any progress made in eliminating the worst forms of child labour.

Part V of the report form. The Committee notes that Senegal receives financial assistance to carry out SIMPOC surveys but that, in view of an institutional problem at the level of the statistical institute and the fact that the preparation of a time-bound programme requires reliable qualitative and quantitative statistical data, it is proposed instead to conduct basic surveys in the priority sectors of the time-bound programme. The Committee notes the Government’s indication in its report that studies have been carried out by national consultants on, among others, the following subjects: (a) a study of the worst forms of child labour in the artisanal maritime fishing sector in Senegal; (b) the exploitation of children in begging in Senegal; (c) a study on the risks for children working in agriculture and animal husbandry; and (d) child labour in gold washing, quarries and salt production. The Committee encourages the Government to pursue its efforts and requests it to provide a copy of the above studies, copies or extracts of the reports of the inspection services and any other relevant information, including statistics on the nature, extent and trends in the worst forms of child labour and on the number and nature of violations reported and the penal sanctions imposed.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s first and second reports. The Committee also notes the communication by the International Confederation of Free Trade Unions (ICFTU) dated 23 September 2003 containing comments on the application of the Convention. A copy of this communication was sent to the Government on 20 October 2003 for it to make any comments it deems appropriate on the issues raised. The Committee requests the Government to provide information on the following points.

Article 1 of the Convention. Measures intended to secure the prohibition and elimination of the worst forms of child labour. The Committee notes with interest that the Government is currently conducting six programmes of action in collaboration with IPEC. It also notes that, in the framework of the second phase of the national programme of action to eliminate child labour and to urgently increase their protection against the worst forms of child labour, the Government signed a second Memorandum of Understanding with ILO/IPEC in January 2003 for a three-year period. It also notes that a four-year project will start in 2004; the objective of this project is the elimination of the worst forms of child labour for children exploited in begging, girls working in domestic work and hazardous types of child labour in agriculture, fishing and animal husbandry. The Committee requests the Government to keep it informed of the projects being carried out and their results.

Article 3. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. The sale and trafficking of children. The Committee notes that under the terms of section 2(1) of Order No. 003749 of 6 June 2003 determining and prohibiting the worst forms of child labour, begging carried out by children for a third party constitutes one of the worst forms of child labour, as well as bonded labour for a third party. Senegal has ratified the 1949 Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others and has also signed the Additional Protocol to the United Nations Convention against Transnational Organized Crime to prevent, suppress and punish trafficking in persons, especially women and children. It has also signed the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography. The Committee notes, however, that the trafficking and sale of children do not appear to be prohibited by the national legislation. The Committee therefore requests the Government to provide information on the measures adopted or envisaged to prohibit the trafficking and sale of children.

2. Forced or compulsory recruitment of children for use in armed conflict. The Committee notes that Order No. 003749 of 6 June 2003 determining and prohibiting the worst forms of child labour does not explicitly refer to the recruitment of children in the armed forces. It also notes the Government’s statement in 1994 to the Committee on the Rights of the Child that its legislation is based on both voluntary and compulsory service. The Government also indicated that recruitment takes place between 18 and 21 years of age. Recalling that under the terms of Article 3(a) of the Convention, the forced or compulsory recruitment of children for use in armed conflict constitutes one of the worst forms of child labour, the Committee requests the Government to specify the minimum age at which a person may be called up for compulsory military service and to provide a copy of the texts establishing the conditions for the recruitment of soldiers.

Clause (b). 1. The use, procuring or offering of a child for prostitution. The Committee notes that section 2(2) of Order No. 003749 of 6 June 2003 provides that child prostitution constitutes one of the worst forms of child labour and that as such it is prohibited for persons under 18 years of age. It also notes that child prostitution appears to be prohibited under section 327bis of the Penal Code. The Committee requests the Government to specify the age up to which a person is considered to be a minor under penal law and the penal provisions applicable to child prostitution and whether they prohibit and effectively punish the use, procuring or offering of a child under 18 years of age for prostitution. It would be grateful if the Government would provide a copy of the most recent version of the Penal Code.

2. Child pornography. The Committee notes that section 2(2) of Order No. 003749 of 6 June 2003 prohibits the production of pornographic performances. It also notes that certain provisions of the Penal Code (in particular sections 256 and 257) and of the Code of Penal Procedure (sections 593 and 604) address the protection of children whose morals are at risk. The Committee requests the Government to specify the penal provisions prohibiting and penalizing the use, procuring or offering a child under 18 years of age for the production of pornographic materials or pornographic performances.

Clause (c). The use, procuring or offering of a child for illicit activities. The Committee notes that under the terms of section 2(2) of Order No. 003749 of 6 June 2003, the production, transport, sale or consumption of drugs constitutes one of the worst forms of child labour. It also notes that section 94 of Act No. 97-18 of 1 December 1997 issuing the Drug Code appears to prohibit only the exercise of these activities and not the use of children for these illicit activities. The Committee recalls that Article 3(c) of the Convention provides that the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs, is one of the worst forms of child labour. The Committee therefore requests the Government to indicate whether the use of children for illicit activities is prohibited and, if so, to specify the applicable legislation and sanctions.

Clause (d) and Article 4. Hazardous work. The Committee notes that Order No. 003749 of 6 June 2003 on the worst forms of child labour fixes the type of work prohibited for children under 18 years of age. The Committee requests the Government to indicate whether consultations were held with workers’ and employers’ organizations concerning the list of hazardous types of work.

Article 4, paragraph 2. Determination of hazardous work. The Committee notes that the Government’s report provides no information on the measures taken to determine where the types of work exist which, by their nature or the circumstances in which they are carried out, are likely to harm the health, safety or morals of young persons. The Committee recalls that Article 4, paragraph 2, of the Convention provides that the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the hazardous types of work so determined exist. The Committee therefore requests the Government to indicate the measures adopted or envisaged, after consultation with the organizations of employers and workers concerned, to specify where the types of work so determined exist.

Paragraph 3. The periodical examination and revision of the list of the hazardous work. The Committee notes that the Government’s report does not provide any information on the periodical examination and revision as necessary, in consultation with the organizations of employers and workers concerned, of the list of the types of work determined in accordance with paragraph 1. The Committee also notes that the lists of types of work set forth in the Orders of 6 June 2003 establishing, on the one hand, the nature of the hazardous types of work prohibited for children and young persons and, on the other hand, the categories of enterprises and types of work prohibited for children and young persons, are the same as those set forth in Order No. 3724 of 1953. The Committee requests the Government to indicate whether the national legislation provides for the periodical examination and revision as necessary, in consultation with the organizations of employers and workers concerned, of the list of the types of work determined in accordance with Article 4, paragraph 1, and, if so, to provide a copy of the text.

Article 5. Mechanisms to monitor the implementation of the provisions giving effect to this Convention. The Committee notes the information provided by the Government in its report indicating that the labour administration services are responsible for monitoring the implementation of the provisions of the Convention. The Committee notes that section L.197 of the Labour Code determines the powers of labour inspectors. It also notes that the final sections of each of the four Orders of 6 June 2003 (the Order respecting child labour, the Order determining and prohibiting the worst forms of child labour, the Order on the nature of the types of hazardous work prohibited for children and young persons, and the Order determining the categories of enterprises and types of work prohibited for children and young persons) provide that the labour and social security inspectors are responsible for enforcing the Orders. The Committee requests the Government to provide information on the mechanisms established or envisaged for the implementation of the Convention by labour and social security inspectors in cases where the national measures relate to the application of penal measures (prostitution, pornography, illicit activities, … ) rather than the application of the provisions of the Labour Code.

Article 6. The Committee notes with interest that Senegal, in collaboration with IPEC, is implementing various programmes (six programmes are currently being implemented) in the framework of the second phase of the national programme of action to eliminate child labour and urgently increase their protection against the worst forms of child labour. The Committee also notes that the country receives financial assistance to carry out SIMPOC surveys. The Committee requests the Government to provide information on the implementation of these programmes of action and their results.

Article 7, paragraph 1. 1. Measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention. The Committee notes the Government’s statement in its report that various measures have been adopted to ensure the prohibition and elimination of the worst forms of child labour: information and awareness-raising campaigns directed to all the actors involved in the field of child labour (management, employers’ and workers’ organizations, NGOs, the media, artists, parliamentarians, youth associations); support for studies or investigations on child labour; the formulation of legal texts respecting child labour; and the strengthening of penalties for persons guilty of acts of sexual abuse involving children. The Committee requests the Government to keep it informed of the projects being implemented and their results.

2. Sanctions. The Committee notes that the Orders of 6 June 2003 all contain a provision providing that the persons who violate the provisions of these Orders shall be liable to the sanctions envisaged under the current laws and regulations. It notes that the Penal Code and the Code of Penal Procedure punish the sexual exploitation of children (prostitution, pornography) and sexual abuse of children. Accordingly, any person who encourages the participation of young persons, even as spectators, in sexual acts involving adults shall be punished by fines of between CFA100,000 and CFA150,000 francs and a one- to five-year prison term; a heavier sanction is imposed where the child concerned is under 13 years of age. It also notes that section L.279(a) of the Labour Code imposes a fine of between CFA500,000 and CFA1,000,000 francs and a three-month to one-year prison term, or either of these penalties, for persons infringing the provisions prohibiting forced or compulsory labour. The Committee also notes that the various provisions of section L.279 of the Labour Code may constitute enforcement measures for the implementation of the provisions of the Convention. The sanctions envisaged for violations of the prohibition of forced or compulsory labour may also be imposed: on any person who, using violence, threats, deception, promises or fraud, forces or attempts to force, a worker to engage in work against her or his will (section L.279(c)); on any person who, by using a false contract or work book containing inaccurate information, gains employment or wilfully takes the place of another worker (section L.279(d)); on employers who knowingly include in a worker’s work book, the employer’s register or any other document, false statements on the length and conditions of the work performed by the worker, or on any worker who knowingly uses such statements (section L.279(e)). The Committee requests the Government to provide information on the sanctions imposed in practice and a copy of the Penal Code and the Code of Penal Procedure.

Paragraph 2. Effective and time-bound measures. Clause (a). Measures taken to prevent the engagement of children in the worst forms of child labour. The Committee notes the establishment of a programme to prevent the employment of young children and to support children’s associations in seven regions of Senegal (1 July 2002-1 December 2003), and the existence of a programme to improve the working conditions of children in Senegal (15 August 2002-5 November 2003). The Committee requests the Government to provide information on the results achieved by these programmes.

Clause (b). Assistance for the removal of children from the worst forms of child labour. The Committee notes the establishment of a programme to support the social reintegration of children recyclers working in the Mbeubeuss public waste dump (15 June 2002-5 November 2003) and a project to support the social and family reintegration of street children in Dakar and Mbour (15 July 2002-15 October 2003). The Committee requests the Government to continue keeping it informed of the measures taken to remove children from the worst forms of child labour and the results achieved.

Clause (c). Access to free basic education. The Committee notes that article 22 of the Constitution provides that all children shall have the right of access to school, but that schooling is not compulsory and free. The Committee also notes that one of the recommendations of the seminar held on 15-22 March 2003 on the preparation of a time-bound programme in Senegal is to promote free universal basic schooling for children under 15 years of age, in particular for girls and the most vulnerable children. The Committee requests the Government to keep it informed of the progress made in this respect.

Clause (d). Children at special risk. The Committee notes that the 1999 report of the Ministry of Labour and Employment entitled "Child Labour in Senegal" refers to the methodological survey carried out in 1993 by the Department for Forecasting and Statistics in collaboration with IPEC and UNICEF, according to which 78 per cent of child workers from 9 to 15 years of age usually work as family helpers, principally in agriculture. The Committee also notes that the Government decided, when ratifying Convention No. 138, to exclude from the scope of the Convention "non-remunerated traditional types of farm or rural work in the family context by children under 15 years of age, which are intended to improve their integration into their social environment and context". It also notes that the report of the mission for the preparation of a time-bound programme in Senegal (15-22 March 2003) identified priority areas of intervention: agriculture, animal husbandry, fishing and the exploitation of children for begging (working conditions, psycho-social problems, problems of an institutional nature, socio-cultural and socio-economic problems). The Committee requests the Government to provide information on the general situation of employment or work as family helpers in agriculture, and particularly whether those involved are at risk of being engaged in one of the worst forms of child labour.

Clause (e). The special situation of girls. The Committee notes the existence of a project to support school attendance by girls in the areas which are the greatest users of child labour in domestic service in Senegal (15 May 2002-15 November 2003) and the project to prevent child labour by girls in rural areas, support basic education and protect girls in domestic work (15 July 2002-15 November 2003). It also notes that one of the recommendations of the seminar held on 15-22 March 2003 on the time-bound programme was to improve the skills of families in the regions providing girls for domestic work. The Committee requests the Government to provide information on the impact of these projects in eliminating the worst forms of child labour by girls.

Paragraph 3. Noting the absence of information in the Government’s report, the Committee requests it to specify the competent authority or authorities responsible for the implementation of the provisions giving effect to this Convention and to indicate the methods for their enforcement.

Article 8. Enhanced international cooperation and/or assistance. The Committee notes that the Government’s report provides no information on the subject. It notes, however, that Senegal has been a member of Interpol since 1961, which helps to facilitate cooperation between the countries in the region, particularly through the exchange of information to combat child labour more effectively. It also notes that the ratification of the African Charter on Human and People’s Rights facilitates cooperation between Senegal and its neighbouring States. The African Commission on Human and People’s Rights made recommendations and adopted resolutions on the measures to be adopted in the various countries for the period 1988-2002. The Committee requests the Government to provide information on any agreements concluded between Senegal and its neighbouring countries, particularly to eliminate child trafficking.

Part IV of the report form. Application of the Convention in practice. The Committee notes with interest that Senegal has benefited from an IPEC national programme since 1998. The first phase of this programme (1998-2001) helped to improve the understanding of child labour and the risks inherent in it, and to establish programmes and policies to protect children against exploitation and perpetuation of child labour. The Government indicated in its report in 2002 that half of the budget was allocated to the implementation of 25 programmes of action, including: the training of labour inspectors in the approach to be adopted for supervising child labour provisions and to improve their knowledge of the legal and technical provisions respecting children; the formulation of draft texts to improve the situation of child workers and prevent child labour; financial support for parents of child workers to provide alternatives so they may be withdrawn from hazardous workplaces; the establishment of an inter-union committee to combat child labour; the creation of a child labour database; the creation of a network of anti-child labour activists; and the launching of the Red Card to Child Labour campaign in the context of the African Cup of Nations. The second phase (1 January 2002-31 December 2003) is currently under way and is designed to be a transitional phase towards the implementation of a time-bound programme which should start in 2004. The objective of this four-year programme should be the elimination of the worst forms of child labour in the exploitation of children in begging, girls working in domestic work and hazardous types of child labour in agriculture, fishing and animal husbandry. In its second report the Government indicates that, in the framework of the implementation of this time-bound programme actions will be taken to:

-  ensure universal schooling at the elementary level in the most underprivileged areas;

-  develop vocational training programmes for children from the most underprivileged areas;

-  improve the standard of living and instruction of the most destitute population groups;

-  improve the effectiveness of services responsible for punishing child labour offences;

-  create appropriate structures and ensure the training of specialized personnel for the rehabilitation of child victims of exploitation in the worst forms of child labour; and

-  identify appropriate indicators to evaluate the progress made in implementing the programme.

The Committee requests the Government to pursue its efforts and to keep it informed of any progress made in eliminating the worst forms of child labour.

Part V of the report form. The Committee notes that Senegal receives financial assistance to carry out SIMPOC surveys but that, in view of an institutional problem at the level of the statistical institute and the fact that the preparation of a time-bound programme requires reliable qualitative and quantitative statistical data, it is proposed instead to conduct basic surveys in the priority sectors of the time-bound programme. The Committee notes the Government’s indication in its report that studies have been carried out by national consultants on, among others, the following subjects: (a) a study of the worst forms of child labour in the artisanal maritime fishing sector in Senegal; (b) the exploitation of children in begging in Senegal; (c) a study on the risks for children working in agriculture and animal husbandry; and (d) child labour in gold washing, quarries and salt production. The Committee encourages the Government to pursue its efforts and requests it to provide a copy of the above studies, copies or extracts of the reports of the inspection services and any other relevant information, including statistics on the nature, extent and trends in the worst forms of child labour and on the number and nature of violations reported and the penal sanctions imposed.