Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for the production of pornography or pornographic performances. In its previous comments, the Committee asked the Government to indicate the manner in which sections 256 and 257 of the Penal Code and sections 593 to 604 of the Code of Penal Procedure prohibit and punish the use, procuring or offering of a minor under 21 years of age for the production of pornography or for pornographic performances, are applied in practice.

The Committee notes the information sent by the Government to the effect that whenever an offence consists in the use, procurement or offering of a child for the production of pornography or for pornographic performances, the applicable penalties are fully and rigorously applied. The Committee once again asks the Government to provide specific information on the application in practice of sections 256 and 257 of the Penal Code and sections 593 to 604 of the Code of Penal Procedure, including statistics on the number and nature of offences reported and of investigations, prosecutions and convictions.

Article 7(2). Effective and time-bound measures. With reference to its previous comments, the Committee takes note of the information sent by the Government to the effect that the technical cooperation project with ILO–IPEC pursued it activities in 2008. This enabled the support project for implementation of the Time-bound programme (TBP) to contribute to education by combating child labour through skills training and literacy. Furthermore, according to the Government, a new interagency project (ILO–UNICEF) to improve conditions for children at risk in Senegal is under way. The Committee encourages the Government to continue to provide information on the measures taken to prevent children from being employed in the worst forms of child labour and to remove them therefrom under the ILO–UNICEF interagency project.

Clause (a). Preventing children from being engaged in the worst forms of child labour. Access to free basic education. The Committee had previously noted that according to statistics for 2006 produced by the UNESCO Institute for Statistics, only 49 per cent of children complete their primary education. According to the statistics, 70 per cent of girls and 71 per cent of boys attend primary school (6 to 12 years), compared with 18 per cent of girls and 23 per cent of boys for secondary school.

The Committee notes the Government’s statement that it has drawn up a sectoral policy in the context of access to free basic education through the Ten‑Year Programme for Education and Training. Within this programme, there has been an improvement in the gross school enrolment rate, which reached 90.1 per cent in 2008, with a rate of 92.4 per cent for girls as compared to 88 per cent for boys. The primary school completion rate was 58 per cent for girls and just over 60 per cent for boys. The Committee further observes that the net primary enrolment rate increased slightly, according to the 2008 statistics produced by the UNESCO Institute for Statistics, which show 74 per cent of girls and 78 per cent of boys as actually attending primary school. It notes, however, that 25 per cent of children of primary school age (6 to 12 years) were still not at school.

The Committee notes the information contained in the report “Understanding Children’s Work and Youth Employment in Senegal”, produced jointly by
ILO–IPEC, UNICEF and the World Bank in February 2010, which looks at the negative relationship between child labour and school enrolment. It reveals in particular that in the 7 to 14 age group, more than 1 child in 4 drops out of school owing to premature entry to the labour market, which is the primary cause of school drop-out. Thus, the enrolment rate among economically active children is 36 per cent as compared to 53 per cent among children who do not work. This situation occurs more commonly in the urban sector than in the rural sector. However, school life expectancy is lower in rural areas, largely because they afford little opportunity for access to education. The report reveals that among rural children the probability rate for work is 8 per cent higher and that for school enrolment, 17 per cent lower. The Committee furthermore notes from UNESCO’s 2009 Education for All Global Monitoring Report “Overcoming inequality: why governance matters”, that Senegal is still far from attaining four of the objectives set by Education for All: universal primary education, adult literacy, gender parity and equality and quality education. Considering that education contributes to preventing the employment of children in the worst forms of child labour, the Committee encourages the Government to redouble its efforts to improve the functioning of the educational system through measures that aim in particular to increase school attendance rates, to increase educational facilities in rural areas and to reduce the school drop-out rate. It requests the Government to continue to provide information on results obtained under the Ten-Year Programme for Education and Training.

Clause (d). Children at special risk. Child victims/orphans of HIV/AIDS. The Committee noted previously that the Government has drawn up a new Strategic Plan to combat AIDS (PSLS) for 2007–11, one objective of which is to improve the quality of life of orphans and vulnerable children (OVCs).

The Committee notes the information supplied by the Government that a grant programme has been started by the National Committee to combat AIDS, destined for OVCs affected by AIDS. The aim of the programme is to prevent orphaned children from being engaged in the worst forms of child labour. Furthermore, a sectoral Family Action Plan has been implemented to combat AIDS in particular by improving nutrition, education and socio-community care for OVCs. The Committee also notes the information sent by the Government in its National Report of March 2010 submitted in the context of the follow-up to the Declaration of Commitment on HIV/AIDS, to the effect that substantial support was given to schooling and vocational training for OVCs, including scholarships. According to the Government’s report, 3,290 OVCs received scholarships during the school year 2008–09, and 5,218 during the school year 2009–10. The Committee welcomes measures such as these that target care for OVCs. It notes, however, that according to the report on Senegal produced in September 2008 by the Joint United Nations Programme on HIV/AIDS, in 2007 an estimated 8,400 children aged from 0 to 17 years were orphaned by HIV/AIDS, more than double the number estimated for 2001. The Committee expresses concern at the increase in the number of children orphaned by HIV/AIDS, and accordingly asks the Government to continue its efforts to ensure that such children are not engaged in the worst forms of child labour. It requests the Government to continue to provide information on the measures taken and the results obtained under the Strategic Plan to Combat AIDS.

Clause (e). Special situation of girls. In its previous comments the Committee noted the results obtained in the various support projects for girls’ education.

It notes from the joint ILO–IPEC, UNICEF and World Bank report that the educational disparities between girls and boys have shown a downturn due to the Government’s awareness-raising measures. The Committee nonetheless notes that the primary school drop-out rate is higher among girls from rural areas and that on the whole girls leave school earlier than boys. Noting that the Government’s report contains no information on this matter, the Committee once again requests the Government to send information on the results obtained in the context of the specific measures taken to protect girls from the worst forms of child labour.