Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (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.