Solicitud directa (CEACR) - Adopción: 2009, Publicación: 99ª reunión CIT (2010)

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 for pornographic performances. The Committee previously noted that the national legislation does not contain any provision relating to the use, procuring or offering of a child for the production of pornography or for pornographic performances. It reminded the Government that, under the terms of Article 3(b) of the Convention, the use, procuring or offering of a child for the production of pornography or for pornographic performances constitutes one of the worst forms of child labour and that, by virtue of Article 1, immediate and effective measures must be taken to secure the prohibition and elimination of this worst form of child labour as a matter of urgency. The Committee notes that Government’s indication that measures have been taken to adopt a draft Act prohibiting the trafficking of children and the worst forms of child labour. The Committee expresses the hope that the draft Act prohibiting the trafficking of children and the worst forms of child labour will be adopted as a matter of urgency and will contain provisions prohibiting and penalizing the use, procuring, or offering of a child under 18 years of age for prostitution, the production of pornography or pornographic performances. It requests the Government to provide information on any new developments in this respect.

Clause (d). Hazardous work. Self-employed workers. The Committee previously noted that the Labour Code does not apply to young persons under 18 years of age without a contractual employment relationship who perform hazardous work. It further noted that, according to the information available to the Office, a considerable number of children work in the informal economy. The Committee notes that the Government has not supplied any information on this matter. It notes that, according to a 2006 UNICEF report on the trafficking of persons, particularly women and children, in West and Central Africa, 76 per cent of jobs occupied by children are in the informal economy. The Committee again requests the Government to indicate the manner in which the national legislation makes provision for young persons under 18 years of age to enjoy the protection provided for in Article 3(d) of the Convention, namely preventing their employment in work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals.

Article 5. Monitoring mechanisms. National Steering Committee. The Committee previously noted that, according to information on the LUTRENA project, a National Steering Committee has been set up to monitor activities related to child labour, particularly the trafficking of children. It notes the Government’s statement that, owing to certain constraints, the National Steering Committee has been unable to meet but measures have been taken with a view to making it operational and extending its mission to all initiatives combating the worst forms of child labour. The Committee requests the Government to supply information on the steps taken by the National Steering Committee to eliminate the worst forms of child labour.

Article 7, paragraph 2. Effective and time-bound measures. Clause (d). Children at special risk. Children orphaned by HIV/AIDS. With reference to its previous comments, the Committee notes that, according to the information contained in the December 2008 Epidemiological Fact Sheet of the Joint United Nations Programme on HIV/AIDS (UNAIDS) and the World Health Organization (WHO), there are approximately 420,000 HIV/AIDS orphans in Côte d’Ivoire. It also notes that, according to the information contained in the January 2008 report of Côte d’Ivoire on monitoring the implementation of the UNGASS Declaration of Commitment on HIV/AIDS, a National Programme for the care of orphans and other children at risk as a result of HIV/AIDS (PNOEV) has been implemented. This programme is responsible for coordinating care measures for orphans and vulnerable children. Furthermore, a National Strategic Plan for 2006–10 has been adopted. The Committee expresses concern at the high number of children who are victims of HIV/AIDS in the country and observes that the virus has a negative impact on orphans, who are at greater risk of becoming involved in the worst forms of child labour. The Committee therefore requests the Government to supply information on the specific time-bound measures taken, in the context of the PNOEV and the National Strategic Plan for 2006–10, to prevent children orphaned by HIV/AIDS from becoming victims of the worst forms of child labour.

Clause (e). Particular situation of girls. With reference to its previous comments, the Committee notes the Government’s indication that information campaigns have been conducted with regard to the school education of girls in the north and north-east of the country, where the school attendance rate for girls is low. The Committee requests the Government to supply information on the time-bound measures taken, particularly as part of the implementation of Phase V of the LUTRENA project, to protect girls from the worst forms of child labour, indicating in particular the number of girls removed from the worst forms of child labour. It also requests the Government to indicate the specific rehabilitation and social insertion measures taken to ensure access to free basic education and vocational training for all the girls referred to above.