Observation (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

The Committee takes note of the Government’s report. It takes due note of the information on the measures the Government has taken under the ILO/IPEC–LUTRENA project to prohibit and abolish the sale and trafficking of children, in particular through advocacy and training on child trafficking, inter alia, by means of instructional discussions and films.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. In its previous comments, the Committee noted that the Government informed the Committee on the Rights of the Child that Malian children had been taken to Côte d’Ivoire to work in plantations or as domestic servants and that they were subjected to deplorable ccworking conditions and were often unpaid. Some ethnic groups, such as the Bambara, Dogon and Senufo, were particularly vulnerable. The Committee took note of the Government’s efforts to combat child trafficking but observed that, despite all endeavours, the Committee on the Rights of the Child had expressed concern at the trafficking of Malian children to other countries in the region, particularly Côte d’Ivoire, and at their subjection to slavery and forced labour (CCPR/CO/77/MLI, 16 April 2003, paragraph 17). The Committee further noted that although section 244 of the Penal Code and section 63 of the Code on the Protection of Children prohibited child trafficking, in practice it was still a problem.

The Committee notes that according to a report published by UNICEF in 2006 on trafficking in human beings, particularly women and children, in West and Central Africa, Malian children are trafficked in the following countries: Côte d’Ivoire, Gambia, Guinea, Ghana and Nigeria. The Committee again observes that although the Government has taken several measures to combat the sale and trafficking of children for the purpose of using their labour, the problem still exists in practice. The Committee again expresses deep concern at the situation of Malian children who fall prey to trafficking and encourages the Government to step up efforts to remedy it and to take the necessary measures in the immediate future to eliminate the trafficking of children for the purpose of using their labour. The Committee requests the Government to provide information on the effect given to the provisions in the national legislation that deal with trafficking, including statistics on the number and nature of offences reported, the investigations held, the prosecutions, convictions and penalties applied.

2. Forced or compulsory labour. Begging. The Committee notes that, according to the UNICEF 2006 report, Talibé children who originate from bordering countries, including Mali, and whom Koranic teachers (marabouts) have brought to the city can be found in the streets of Dakar. These children find themselves in conditions of servitude and are obliged to beg daily. The report also mentions the involvement of marabouts in child trafficking in which young Talibé workers from Burkina Faso are exploited in the rice fields of Mali. They are placed with large-scale farmers who hand over the children’s pay to the marabouts. The Committee further notes that in its concluding observations of May 2007 (CRC/C/MLI/CO/2, paragraph 62), the Committee on the Rights of the Child noted the efforts undertaken by Mali to reduce child begging by, among others, providing vocational training programmes for child beggars. It nonetheless expressed concern at the growing number of street children and child beggars, referred to as garibous, who are pupils under the guardianship of marabouts. The Committee on the Rights of the Child likewise expressed concern at their vulnerability, in particular to violence, sexual abuse and exploitation and economic exploitation.

The Committee notes, that according to section 62 of the Code on the Protection of Children, begging as a sole or main activity is dehumanizing and an obstacle to the fulfilment of children’s rights. The Committee further notes that according to section 183 of the Penal Code, anyone inciting a child to beg shall be punished by a term of imprisonment of from three months to one year. The Committee is most concerned at the use of children by certain marabouts, for purely economic ends, i.e. as a source of labour. The Committee requests the Government to take the necessary measures to enforce the legislation on begging and to punish marabouts who use children for purely economic ends. It also asks the Government to indicate the effective and time-bound measures it has taken to protect these children from forced labour and to ensure their rehabilitation and social integration.

Article 5. Monitoring mechanisms. 1. Monitoring committees. The Committee notes the information from the Government that under the LUTRENA project, local monitoring committees (CLVs) to combat child trafficking have been established in the circles of Kangala (Koulikoro region), Bougouni, Kolondiéba and Koutiala (Sikasso region) and others have been reinforced. The Committee requests the Government to provide information on the activities of the CLVs, including extracts from reports or documents, together with the results obtained by the CLVs in preventing the trafficking of children under 18 years of age.

2. National task force to combat child trafficking. The Committee notes that according to the activity reports of the ILO/IPEC on the LUTRENA project, a national task force has been set up to combat child trafficking. It requests the Government to provide information on the working of the task force, including reports on their activities.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes with interest the Government’s efforts to implement the ILO/IPEC–LUTRENA project. It notes in particular from the ILO/IPEC reports on the project that since the project was launched in 2001, more than 26,730 children have benefited from it. Of these, 14,790 have been withdrawn from this worst form of child labour and 11,940 have been prevented from being employed therein. It also notes that between September 2006 and March 2007, 92 children were rescued from child trafficking and have received education and training.

Clauses (a) and (b). Preventing children from being engaged in the worst forms of child labour and assisting their removal. 1. Sale and trafficking of children. With reference to its previous comments, the Committee takes due note of the information sent by the Government on the implementation of the LUTRENA project in Mali. It notes in particular that, within the framework of the project, more than 3,830 children (1,851 girls and 1,979 boys) have been reintegrated through formal or informal education, vocational training and income-generating activities. Furthermore, three reception and transit centres for victims of child trafficking have been created at Sikasso, Sögou and Mopti. Income-generating activities have been undertaken for the benefit of 30 children and 1,076 parents (422 women and 654 men). Lastly, more than 1,500 social intermediary workers are engaged in identifying children and possible child traffickers, alerting the security services to suspicious persons and informing parents and children about procedures for children travelling abroad. The Committee requests the Government to continue to provide information on the measures taken under the LUTRENA project to prevent children under 18 years of age from falling prey to sale or trafficking and to remove children from this worst form of child labour. It also asks the Government to provide information on: (1) the number and location of reception centres for trafficked children that have been set up in Mali to take in trafficked children; (2) the programmes providing specific medico-social monitoring which have been drawn up and implemented for child victims of trafficking.

2. Access to free basic education. In previous comments, the Committee noted with interest that the Government had set up a Ten-Year Education Development Programme (PRODEC), the aim of which was to increase the primary school enrolment rate to 95 per cent by the year 2010 and at the same time improve learning, girls’ education, health and hygiene standards. The Committee notes the Government’s information that a Medium-Term Expenditure Framework (MTEF) has been planned and should allow capacity building for running PRODEC in liaison with the aims of the Poverty Reduction Strategy Paper (PRSP) and the Millennium Development Goals (MDGs). It also notes the Government’s information that there have been significant results in girls’ enrolment, informal education, specialized education and the allocation of funds to education. Furthermore, 1,880 teachers have been recruited for the two stages of primary education and school textbooks have been bought and distributed.

The Committee notes, however, that according to a national survey on child labour conducted in 2005, 41 per cent of children aged from 5 to 14 years engage in a full-time economic activity, 25 per cent combine work and studies and 17 per cent go only to school. The net enrolment rate for the first stage (7–12 years) for 2004–05 was 56.7 per cent (48.9 per cent for girls and 64.8 per cent for boys), and for the second stage (13–15 years) was 20.6 per cent (15.4 per cent for girls and 26 per cent for boys). The Committee also notes that in its concluding observations of May 2007 (CRC/C/MLI/CO/2, paragraph 60), the Committee on the Rights of the Child expressed concern at the high child illiteracy rates, the low level of qualification of teachers and the low number of teachers, the high pupil‑to-teacher ratio, the insufficient number of adequate installations, the high drop-out and repetition rates, particularly of girls, the lack of information on vocational training and the type of education given in Koranic schools. Despite the Government’s efforts, the Committee is deeply concerned at the persistently low rates of school enrolment. Considering that education contributes to preventing children from being engaged in the worst forms of child labour, the Committee strongly encourages the Government to step up efforts to improve the working of the education system, in particular by improving school enrolment rates and reducing the drop-out rates, particularly of girls, and by taking measures to integrate Koranic schools into the national education system. It requests the Government to provide information on the results obtained.

Article 8. Cooperation. 1. Regional cooperation. With reference to its previous comments, the Committee notes that the Government has signed bilateral cooperation agreements on cross-border trafficking in children with Burkina Faso, Côte d’Ivoire, Guinea and Senegal. It also notes that, as well as the Multilateral Cooperation Agreement to Combat Child Trafficking in West Africa, signed in July 2005, Mali signed the Abuja Multilateral Cooperation Agreement in 2006. It notes that, according to the Government, the mobile security brigades have carried out patrols in the border regions between Mali and Burkina Faso, Côte d’Ivoire and Senegal. Furthermore, according to the ILO/IPEC activity reports for 2007 on the LUTRENA project, standing committees to oversee the multilateral agreements between Mali and Burkina Faso and Mali and Guinea met in November 2006. They recommended in particular: the organization of advocacy campaigns on both sides of the border in the regions concerned, the adoption of identical travel documents and the development of a joint handbook of procedures for repatriation and rehabilitation measures. The Committee requests the Government to state whether, in the implementation of these agreements, there have been exchanges of information with other signatory countries allowing: (1) persons working in child trafficking networks to be apprehended and arrested; (2) children trafficked in border areas to be detected and intercepted.

2. Poverty reduction. The Committee notes the information from the Government that a Poverty Reduction Strategy Paper (PRSP) has been adopted and that it takes account of child labour problems as cross-cutting issues, placing them in an overall framework for improving the situation of children and enhancing the role of the family. Noting that poverty reduction programmes contribute to breaking the poverty cycle, the Committee requests the Government to provide information on the measures it has taken in implementing the PRSP to eliminate the worst forms of child labour, and particularly to secure the effective reduction of poverty among children who are sold and trafficked and subjected to forced begging.

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