Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

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:

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. The sale and trafficking of children. In its previous comments, the Committee noted that the sale and trafficking of children does not appear to be prohibited by the national legislation. The Committee notes with interest the adoption of Act No. 02/2005 of 29 April 2005 respecting measures to combat the trafficking of persons and similar practices and the protection of victims (Act No. 02/2005 of 29 April 2005). In particular, it notes that the first section, subsection 1, of this Act establishes penalties for any person who procures, transports, transfers, accommodates or receives persons by means of threats or recourse to violence, abduction, fraud, deceit, abuse of authority or of a situation of vulnerability or by offering or accepting payment to obtain the consent of a person with authority over another, for the purposes of sexual exploitation, forced labour or services, slavery or practices similar to slavery. Under subsection 2, the offence of trafficking is committed against a minor, even where none of the means of threats or violence enumerated in subsection 1 have been used. Furthermore, under section 2 of Act No. 02/2005 of 29 April 2005, the maximum sentence is applied if the offence of the trafficking is committed in respect of a minor.

The Committee however notes that, according to a UNICEF report on the trafficking of persons, particularly women and children, in Western and Central Africa, published in 2006, children from Gambia, Guinea, Guinea-Bissau and Mali are the victims of trafficking to Senegal and, in reverse, children from Senegal are the victims of trafficking to Gambia and Nigeria. Furthermore, according to the UNICEF report, the internal trafficking of children also involves girls who are exploited in domestic service or for sexual purposes in touristic areas. Girls from Senegal are also victims of trafficking to Gambia for sexual exploitation in view of the predominance of sexual tourism in that country.

The Committee observes that, although the trafficking of children for economic and sexual exploitation is prohibited by the national legislation, it remains a cause of concern in practice. It expresses concern at the situation of these children and requests the Government to take the necessary measures to ensure that those found guilty of the trafficking of children for economic or sexual exploitation are in practice prosecuted and that sufficiently effective and dissuasive penalties are applied against them. In this respect, the Committee requests the Government to provide information on the effect given in practice to Act No. 02/2005 of 29 April 2005, respecting measures to combat the trafficking of persons and similar practices and for the protection of victims including statistics on the number and nature of the infringements reported, the investigations conducted, prosecutions, convictions and penal sanctions applied.

2. Forced or compulsory recruitment of children for use in armed conflict. With reference to its previous comments, the Committee notes the Government’s indication that military service is voluntary and that the age of those recruited for voluntary military service is between 18 and 21 years. The Committee adds that military service is authorized for persons who have reached the age of majority.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee noted previously that section 2(2) of Ministerial Order No. 3749/MFPTEOP/DTSS determining and prohibiting the worst forms of child labour of 6 June 2003 (hereinafter, Order No. 3749 of 6 June 2003) provides that the prostitution of minors is one of the worst forms of child labour and that it is accordingly prohibited. It further notes that the prostitution of minors is prohibited by section 327bis of the Penal Code. The Committee previously requested 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. The Committee notes the Government’s indications that a person is considered to be a minor until she or he has reached the age of 18 years. It also notes the Government’s indication that sections 323 and 324 of the Penal Code penalize procuring.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. In its previous comments, the Committee noted that section 2(2) of Order No. 3749 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 the Code of Penal Procedure
(sections 593–604) address the protection of children whose morals are at risk. It requested the Government to specify the penal provisions prohibiting and penalizing the use, procuring or offering of a child under 18 years of age for the production of pornography or for pornographic performances. The Committee notes the information provided by the Government that sections 256 and 257 of the Penal Code and sections 593–604 of the Code of Penal Procedure prohibit and penalize the use, procuring or offering of a minor under 21 years of age for the production of pornography or for pornographic performances. It requests the Government to indicate the manner in which these provisions are applied in practice with a view to the effective prohibition and penalization of the use, procuring or offering of a child under 18 years of age for the production of pornography or for pornographic performances.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee noted previously that section 94 of Act No. 97-18 of 1 December 1997 issuing the Drug Code (the Drug Code) appeared only to prohibit manufacture, distribution and use of drugs. The Committee requested the Government to indicate whether the use of a child for illicit activities is prohibited and, if so, to specify the applicable legislation and sanctions. The Committee notes the information provided by the Government that the use of a minor for illicit activities is prohibited by sections 593 et seq. of the Code of Penal Procedure and sections 95–103 of the Drug Code. It further notes the Government’s indication that, under section 112 of the Drug Code, the use of a minor to commit one of the offences envisaged in the Code is an aggravating factor in respect of sentencing.

Clause (d) and Article 4. Hazardous work. The Committee previously requested the Government to indicate whether consultations were held with workers’ and employers’ organizations concerning the formulation of the schedule of hazardous types of work contained in Order No. 3749 on the worst forms of child labour of 6 June 2003, which determines the types of work prohibited for persons under 18 years of age. The Committee takes due note of the information provided by the Government that consultations were held with employers’ and workers’ organizations on the schedule of hazardous types of work. They were held in the National Labour and Social Security Advisory Council, in accordance with section L.205 of the Labour Code.

Article 5. Monitoring mechanisms. The Committee previously requested the Government to provide information on the mechanisms established for the implementation of the Convention by labour and social security inspectors in cases where the national measures relate to the application of penal provisions (prostitution, pornography, illicit activities, etc.). The Committee notes the information provided by the Government that, for the application of measures under the Penal Code rather than the Labour Code, a labour inspector who identifies a contravention draws up a report and transmits it to the Attorney-General of the Republic with a view to criminal prosecution.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes the information provided by the Government that all the technical cooperation projects with ILO–IPEC ended on 31 December 2007. It notes with interest the statistical data provided by the Government concerning the large number of children and their families who benefited directly or indirectly from all of the programmes undertaken in collaboration with ILO–IPEC, namely 68,726 children, of whom 57,615 were girls. In particular, through the support project for the implementation of the Time-bound Programme (TBP), 15,559 children, of whom 8,765 were girls, benefited directly from the project. Of these, 12,231 children were prevented from being engaged in work at an early age and 3,328 children were removed from the worst forms of child labour. The Committee expresses the strong hope that the Government will pursue its efforts to prevent children from being engaged in the worst forms of child labour and for their removal from these worst forms of child labour. It requests the Government to provide information on the measures adopted in this respect.

Clause (a). Preventing children from being engaged in the worst forms of child labour. 1. Programmes of action. With reference to its previous comments, the Committee takes due note of the information provided by the Government that, in the case of the Programme for the Prevention of Work by Children at an Early Age and Support for Children’s Associations, 10,569 children benefited from the programme, of which the initial objective was 2,500.

2. Access to free basic education. The Committee notes that, according to the UNESCO Education for All Global Monitoring Report 2008 entitled Education for All by 2015: Will we make it?, Senegal has little chance of achieving the objective of Education for All at the primary level by 2015. The Committee also notes that, according to the 2006 statistics of the UNESCO Institute for Statistics, only 49 per cent of children complete their primary education. According to these statistics, 70 per cent of girls and 71 per cent of boys attend primary school
(6–12 years), compared with 18 per cent of girls and 23 per cent of boys for secondary school. The Committee expresses concern at the very low proportion of children who complete their primary studies and the low rates of attendance at secondary school. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee strongly encourages the Government to redouble its efforts to improve the functioning of the education system, particularly by increasing the school attendance rate and reducing the school drop-out rate, with particular emphasis on girls. It requests the Government to provide information on the results achieved.

Clause (b). Assistance for the removal of children from the worst forms of child labour. The Committee previously noted the establishment of a programme to support the social reintegration of children recycling rubbish from the Mbeubeuss public waste dump and a support project for the social and family reintegration of street children in Dakar and Mbour. It requested the Government to provide information on the results achieved. The Committee notes the information provided by the Government that, in the context of the support programme for the social reintegration of children engaged in recycling rubbish from the Mbeubeuss public waste dump, 149 children have been withdrawn compared with the initial objective of 120 and have been reintegrated into alternative training. With regard to the support project for the social and family reintegration of street children in Dakar, 307 children have been removed compared with an initial objective of 150. They have also been integrated into alternative training.

Clause (d). Children at special risk. 1. Child HIV/AIDS victims and orphans. The Committee notes that the Government has formulated a new Strategic Plan to Combat Aids (PSLS) 2007–11. One of the objectives of the PSLS is to improve the quality of the life of orphans and vulnerable children. It further 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, the number of child HIV/AIDS orphans in Senegal is around 25,000. The Committee observes that HIV/AIDS has negative effects on orphans who are at greater risk of being engaged in the worst forms of child labour. It therefore requests the Government to provide information on the specific time-bound measures taken, in the context of the implementation of the new PSLS 2007–11, to prevent child HIV/AIDS orphans from being engaged in the worst forms of child labour.

2. Street children. The Committee notes that, in its concluding observations of October 2006 (CRC/C/SEN/CO/2, paragraphs 58 and 59), the Committee on the Rights of the Child, while noting the steps taken by the Government to address the rights and needs of street children, expressed concern at the number of children living in the streets and engaged in begging. The Committee notes that children living or working in the streets are particularly exposed to the worst forms of child labour. It therefore requests the Government to provide information on the effective and time-bound measures taken to protect children living in the streets from the worst forms of child labour and to ensure their rehabilitation and social integration.

Clause (e). The special situation of girls. With reference to its previous comments, the Committee takes due note of the information provided by the Government that, with regard to the project to support school attendance by girls in the areas which are the greatest users of child labour in domestic service in Senegal and the project to prevent child labour, by girls in rural areas, support basic education and protect girls in domestic work, 14,000 girls have benefited from these projects in relation to an initial objective of 4,500. In the field of school attendance, 44,638 girls have been enrolled in school in relation to an objective of 10,000. With reference to educational support, the provision of school supplies and social assistance, 6,842 girls have benefited in comparison with an initial objective of 400. The Committee strongly encourages the Government to continue taking effective and time-bound measures to protect girls from the worst forms of child labour and asks it to provide information on the results achieved.