Observation (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

1. Forced labour and the trafficking of children. In its previous comments, the Committee requested the Government to provide information on the measures taken to combat the trafficking of children and their exploitation at work. The Government supplied information on a number of measures taken to combat the phenomenon, particularly the cross-border trafficking of Malian children to Côte d’Ivoire. The Committee took note of that information and requested the Government in particular to provide information, pursuant to Article 25 of the Convention, on judicial action taken against those responsible for the trafficking (employers and intermediaries) and the penalties imposed.

The Committee notes that in its last report, the Government provides no information on this subject. It recalls that the Government has ratified the Worst Forms of Child Labour Convention, 1999 (No. 182), and this year has sent its first report on the application of that Convention. In so far as Article 3(a) of Convention No. 182 provides that the worst forms of child labour include "all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour", the Committee is of the view that the problem of the trafficking of children for the purpose of exploiting their labour may be examined more specifically under Convention No. 182. The protection of children is enhanced by the fact that Convention No. 182 requires States which ratify it to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee accordingly asks the Government to refer to its comments on the application of Convention No. 182.

2. Trafficking in persons. The Committee notes that adoption of Act No. 02-020 of 3 June 2002 authorizing ratification of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention against Transnational Organized Crime. It further notes that, although it does not expressly define trafficking in persons the new Penal Code (Act No. 01-079 of 20 August 2001) contains provisions that could allow the authors of this crime to be prosecuted, tried and sentenced (sections 242-244). It hopes that the Government will send full information on the measures taken or envisaged to prevent, suppress and punish trafficking in persons. In this connection, it requests the Government to refer to its general observation of 2000, to which it has not replied. Please provide information in particular on any legal action brought with a view to punishing persons responsible for trafficking in persons in order to exploit them through work, pursuant to Article 25 of the Convention under which the illegal exaction of forced labour shall be punishable as a penal offence and any Member ratifying the Convention must ensure that the penalties imposed by law are really adequate and strictly enforced.

The Committee is addressing a direct request to the Government on other matters.