Demande directe (CEACR) - adoptée 2007, publiée 97ème session CIT (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.