Observation (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

The Committee notes the communication of the National Confederation of Workers of Senegal (CNTS) of 1 September 2008.

Article 3 of the Convention. Worst forms of child labour. Clause (a). Forced or compulsory labour. Begging. In its comments, the CNTS indicates that the Government needs to indicate clearly the action that it intends to take to eradicate the exploitation of children, and particularly the phenomenon of child talibés, which may be considered as one of the worst forms of child labour. The CNTS adds that persons responsible for such exploitation of children are easily identifiable.

According to the UNICEF report on trafficking in persons, especially women and children, in West and Central Africa, published in 2006, internal trafficking exists in Senegal from rural to urban areas, particularly in the case of child talibés, who beg in the streets of Dakar. Child talibés from Guinea, Guinea-Bissau, Gambia and Mali are also exploited in the large cities of Senegal. The Committee further notes that the Committee on the Rights of the Child, in its concluding observations on the second periodic report of Senegal in October 2006 (CRC/C/SEN/CO/2, paragraphs 60 and 61), expressed concern at the large number of working children and in particular the current practices of Koranic schools run by marabouts who use the talibés for economic gain by sending them to agricultural fields or to the streets for begging and other illicit work that provides money, thus denying them access to health, education and good living conditions.

The Committee notes that section 3(1) of Act No. 02/2005 of 29 April 2005 prohibits any person who, for economic gain, organizes another person to beg or who employs, procures or deceives a person with a view to delivering such person to beg or who exerts pressure on a person to beg or to continue to beg. Under subsection (2) of this section, there shall be no suspension of the implementation of the sentence where the offence is committed in relation to a minor.

The Committee observes that, although the legislation is in conformity with the Convention on this point, the phenomenon of child talibés remains a concern in practice. The Committee expresses concern at the use of these children for purely economic purposes. It requests the Government to take the necessary measures to give effect to the national legislation on begging and to punish marabouts who use children for purely economic purposes. The Committee also asks the Government to provide information on the time-bound measures adopted to prevent young persons under 18 years of age from becoming victims of forced or compulsory labour, such as begging. Furthermore, it asks the Government to indicate the effective and time-bound measures adopted to protect these children against forced labour and to ensure their rehabilitation and social integration.

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