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

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution. In its previous comments, the Committee noted that section 229 of the Penal Code, under which inciting or enticing a girl or a woman, even with her consent, to debauchery or forcing her to engage in prostitution, are punishable offences, applies only to female children. It requested the Government to take the necessary steps to bring the legislation into line with the Convention and to protect boys from sexual exploitation, particularly prostitution. The Committee notes that the Government’s undertaking to study the matter and take appropriate measures, in accordance with Article 3(b) of the Convention. The Committee reminds the Government that this provision applies to both girls and boys under 18 years of age, and expresses the firm hope that, in accordance with Article 1 of the Convention, the Government will take the necessary measures to prohibit the use, procuring or offering of boys under 18 years of age for prostitution. It requests the Government to report any progress made in this matter.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee noted previously that Act No. 1986/18 on the punishment of offences involving poisonous substances and narcotics prohibits the cultivation, production, offering and sale of drugs. It reminded the Government that what Article 3(c) of the Convention covers is the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs, and asked it to indicate the measures taken to prohibit this worst form of child labour. The Committee notes the Government’s indication that it will very shortly give consideration to studying this matter. It reminds the Government that, according to Article 1 of the Convention, it must take immediate and effective measures to ensure the prohibition and elimination of the worst forms of child labour as a matter of urgency, and expresses the firm hope that the Government will examine this matter in the near future. Please provide information on any progress made.

Article 4, paragraph 1. Determination of types of hazardous work. The Committee notes from the information sent by the Government that a study has been conducted for the purpose of establishing a list of types of work that are hazardous for children. The Committee requests the Government to send this list as soon as it is ready and to provide information on the consultations held with employers’ and workers’ organizations, in accordance with the provisions of this Article.

Article 5. Monitoring mechanisms. With reference to its previous comments, the Committee observes that the Government has not sent extracts of the labour inspection report. It hopes that it will send these at the earliest possible date.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes with interest that Mali has launched a Time-bound Programme (TBP) against the worst forms of child labour in collaboration with the ILO/IPEC. It is a four-year programme and its objectives include strengthening the legal framework, regular education and vocational training, consolidating technical and institutional capacity, undertaking direct action for children and their families, and raising awareness among the population and the various players concerned by child labour. The main sectors for TBP action are to be mines and quarries, agriculture and the craft industries, sexual exploitation of children, the urban informal economy and domestic work; child trafficking and HIV/AIDS will likewise be addressed as cross-cutting issues.

Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and assistance for removing them therefrom. TBP. The Committee notes that, according to the ILO/IPEC reports on the TBP, more than 9,000 children who have fallen prey to the worst forms of child labour covered by the project, and 1,800 high-risk families, are to be the programme’s beneficiaries. The Committee requests the Government to provide information on the measures taken in the course of the TBP to: (a) prevent children from becoming victims of the worst forms of child labour covered by the projects; and (b) provide for the necessary and appropriate assistance to remove children from these worst forms of child labour and ensure their rehabilitation and social integration. The Committee also asks the Government to provide information on the results obtained.

Clause (d). Identifying and reaching out to children at special risk. HIV/AIDS. The Committee notes that, according to the Report on the global AIDS epidemic, published by the Joint United Nations Programme on HIV/AIDS (UNAIDS) in May 2006, around 94,000 Malian children are orphans because of the virus. It further notes from a UNAIDS report of December 2006 that the epidemic seems to be growing in Mali. The Committee observes that HIV/AIDS has adverse consequences for orphans because they run more risk of being engaged in the worst forms of child labour. It therefore asks the Government to spare no effort in reducing the incidence of this epidemic in Mali by preventing its spread. Since the TBP will be dealing with HIV/AIDS as a cross-cutting issue, the Committee further requests the Government to provide information on specific measures taken under the programme to protect HIV/AIDS orphans from being engaged in the worst forms of child labour.

Clause (e). Special situation of girls. With reference to its previous comments, the Committee notes the Government’s information that under the ILO/IPEC project, more than 215 girl domestics have undergone vocational training in cookery, soap making and dyeing in centres run by Enda Mali; more than 500 household helps now have access to literacy training and more than 600 have taken part in additional IEC (information, education and communication) training. The Committee observes that girls, particularly those engaged as domestic workers, often fall prey to exploitation, which can take many forms, and that it is difficult to supervise their working conditions because such work is illegal. It strongly encourages the Government to step up efforts to protect these children, particularly against economic and sexual exploitation, and to provide information on the measures taken to this end under the TBP.

Part V of the report form. Application of the Convention in practice. With reference to its previous comments, the Committee takes note of the national survey on child labour carried out in 2005 by the National Statistics and Information Department, in collaboration with the National Labour Department and the ILO/IPEC–SIMPOC. According to the abovementioned report, two children out of three aged from 15 to 17 years are economically active, i.e. just over 3 million girls and boys countrywide, and both girls (69 per cent) and boys (65 per cent) are affected in rural areas as well as in towns. The Committee notes that the trend is more marked in rural areas (71 per cent in the 5–17 age group) than in urban areas (63 per cent for the 5–17 age group). It further notes that in the 5 to 17 age group, seven out of ten children are economically active. Agriculture is the sector where there is most child labour (around one child out of six). While noting that the TBP will address mines and quarries, agriculture and the craft industries, the sexual exploitation of children, the urban informal economy and domestic work, the Committee notes that child labour in Mali, including its worst forms, is a matter of some concern and requests the Government to step up efforts to eliminate its worst forms. It also asks the Government to continue to provide statistics and other information on the nature, extent and trends of the worst forms of child labour, the number of children protected by the measures giving effect to the Convention, the number and nature of offences, the investigations held, the legal action taken, and the sentences and penalties applied. As far as possible, the information supplied should be disaggregated by sex.