Observation (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Sénégal (Ratification: 2000)

Autre commentaire sur C182

Observation

Demande directe

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The Committee notes the Government’s report and the communication from the International Trade Union Confederation (ITUC) of 31 August 2012.

Articles 3(a) and 7(1) of the Convention. Sale and trafficking of children for economic exploitation; forced labour and penalties. Begging. In its previous comments, the Committee noted that the Committee on the Rights of the Child, in its concluding observations in October 2006 (CRC/C/SEN/CO/2, paragraphs 60 and 61), expressed concern at the practices in Koranic schools run by marabouts who use talibé children on a large scale for economic gain by sending them to agricultural fields or to the streets for begging and other illicit work to earn money, thereby preventing them from having access to health, education and good living conditions.

The Committee previously noted with concern that, although section 3 of Act No. 2005–06 prohibits the organization, for economic gain, of begging by others or the employment, procuring or deceiving of anyone with a view to causing that person to beg, or the exertion of pressure on a person to beg or to continue begging, section 245 of the Penal Code provides that “the act of seeking alms on days, in places and under conditions established by religious traditions does not constitute the act of begging”. It accordingly observed that, from a joint reading of these two provisions, it would appear that the act of organizing begging by talibé children cannot be criminalized as it does not constitute an act of begging under section 245 of the Penal Code. The Committee further noted that the United Nations Special Rapporteur on the sale of children, child prostitution and child pornography, in her report of 28 December 2010 submitted to the Human Rights Council following her mission to Senegal (A/HRC/16/57/Add.3), noted the inconsistency between section 3 of Act No. 2005–06 and section 245 of the Penal Code (paragraph 31). The Committee also noted that the Committee on the Protection of the Rights of all Migrant Workers and Members of their Families, in its concluding observations of 3 December 2010 (CMW/C/SEN/CO/1, paragraph 26), noted with concern that more than half of the children who are forced to beg in the Dakar region come from neighbouring countries and that the Government of Senegal has not taken any practical steps to end regional trafficking in children for the purpose of begging.

The Committee further noted the comments of the ITUC indicating that the number of talibé children compelled to beg, consisting mainly of boys between the ages of 4 and 12 years, was estimated at 50,000 in 2010. The ITUC observed that most of these children live in isolated rural areas of Senegal or are victims of trafficking from neighbouring countries, including Mali and Guinea-Bissau. It emphasized that these children in practice receive very little education and are extremely vulnerable, because they depend totally on their Koranic teacher or marabout. They live in unhealthy conditions and in poverty, and are the victims of physical and psychological abuse if they do not succeed in earning their financial quota through begging. With regard to the causes of the phenomenon, the ITUC explains that poverty alone cannot explain this form of exploitation, as the evidence tends to show that certain marabouts earn more through children begging than the income necessary to maintain their daaras (Koranic schools). The ITUC added that there are no records of arrests, prosecutions or convictions of marabouts for compelling talibés to beg up to August 2010, when the Prime Minister announced the adoption of a Decree prohibiting begging in public places. Following this measure, seven Koranic teachers were arrested and convicted to prison sentences under Act No. 2005–06 of 29 April 2005 to combat the trafficking of persons and similar practices and to protect victims. However, these sentences were never imposed. Indeed, the ITUC indicated that branch associations of Koranic teachers were reported to have condemned the application of Act No. 2005–06 and threatened to withdraw their support from the President in the elections in February 2012. In October 2010, the President, therefore, reversed the Government’s decision.

The Committee notes the fresh allegations made by the ITUC that Senegal has been very lax in terms of the enforcement of the law and repression of the exploitation of talibés and the ill-treatment inflicted on these children. The ITUC reports that, since the conviction and release of the marabouts arrested in 2010, no marabout has been prosecuted or, in particular, convicted. Furthermore, the ITUC indicates that it would be useful to amend the Penal Code so as to remove any doubt as to whether compelling a child to beg is prohibited in all places and under all circumstances, including in daaras, so as to bring the legislation into full conformity with the commitments made by Senegal in relation to the Convention.

The Committee notes the information provided by the Government in its report concerning begging by children. The Government indicates, in particular, that in its view there is no ambiguity between the provisions of section 245 of the Penal Code and section 3 of Act 2005–06. According to the Government, by specifying that the fact of seeking alms under the conditions established by religious traditions does not constitute begging, section 3 of Act 2005–06 is merely making a distinction between forms of begging that are prohibited and those that are tolerated. The Government adds that continuous begging in the streets of the city is a penal offence under Senegalese law, while asking for alms, for example on Fridays in mosques or on mass days in churches, is tolerated in light of socio-cultural beliefs.

The Committee notes that the Committee on the Elimination of Racial Discrimination, in its examination of the reports submitted by Senegal on 31 August 2012, notes with concern the persistence and extent of the phenomenon of talibé children (CERD/C/SEN/CO/16–18, paragraph 14). The Committee on the Elimination of Racial Discrimination also expresses regret that the inconsistency between section 3 of Act No. 2005–06 and section 245 of the Penal Code persists despite the recommendations of the Special Rapporteur on the sale of children, child prostitution and child pornography (paragraph 14). In this respect, although the Committee of Experts notes the Government’s indications concerning the prosecutions initiated and the convictions handed down for trafficking between 2008 and 2010, it is bound to note that the Government has not provided any information on the investigation, arrest or conviction of marabouts for the exploitation of begging by child talibés.

With reference to the General Survey on the fundamental conventions concerning rights at work of 2012 (paragraph 483), the Committee reminds the Government that, while the issue of seeking alms as an educational tool falls outside the scope of the Committee’s mandate, it is clear that the use of children for begging for purely economic ends cannot be accepted under the Convention. This situation constitutes a deviation from the legitimate purposes of this traditional educational system and its methods. Often kept in conditions of servitude, talibé children are obliged to work daily, generally in street begging, in order to give the money received to their marabouts.

The Committee is, therefore, bound once again to express its deep concern at the large number of talibé children used for purely economic ends and the failure to give effect to Act No. 2005-06 in respect of Koranic teachers who make use of begging by talibé children for exclusively economic purposes. The Committee reminds the Government that, under the terms of Article 1 of the Convention, immediate and effective measures shall be taken as a matter of urgency to secure the prohibition and elimination of the worst forms of child labour and that, in accordance with Article 7(1) of the Convention, all necessary measures shall be taken to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including the provision and application of sufficiently effective and dissuasive penal sanctions. The Committee, therefore, once again urges the Government to take immediate and effective measures, in law and practice, to ensure that persons engaged in the sale and trafficking of talibé children under 18 years of age for the purposes of economic exploitation, or who make use of these children for begging for purely economic purposes, are prosecuted effectively and that sufficiently effective and dissuasive sanctions are applied to them. In this respect, the Committee once again requests the Government to take the necessary measures to harmonize the national legislation so as to guarantee that the use of begging by talibé children for economic exploitation can be criminalized under section 245 of the Penal Code and under Act No. 2005-06. It requests the Government to provide information on the measures adopted in this respect and on the number of investigations conducted, prosecutions, convictions and penal sanctions imposed on such persons.

Article 7(2). Effective and time-bound measures. Clause (d). Children at special risk. Talibé children. In its previous comments, the Committee noted that a partnership for the removal and reintegration of street children (PARRER) had been established in February 2007 and is made up of members of the Senegalese administration, NGOs, the private sector, development partners, religious organizations, civil society and the media. The Committee noted the ITUC’s comments indicating that the Government had adopted measures to promote a programme of modern daaras administered or regulated by the State. It noted that the Government established the inspectorate for daaras in 2008 to implement the programme for the modernization of daaras and the integration of modern daaras into the public education system. It further noted that the Ministry of Education signed an agreement with PARRER for the development of a harmonized school programme for Koranic schools, launched in January 2011. In its reply to the ITUC’s comments, the Government indicated that it was engaged in improving the management and framework of the system of teaching in daaras. A number of actions were also envisaged in its strategy for the prevention of begging by children, such as the implementation of social protection measures in the areas of origin of migrant children, the establishment of programmes of conditional transfers for vulnerable families, support for the creation of income-generating activities for marabouts and the broadening of the teaching curriculum in Koranic schools with a view to facilitating the integration of young talibés into active life. The Committee also noted that, according to the information contained in the report of the United Nations Special Rapporteur of 28 December 2010, the Care, Information and Counselling Centre for Children in Difficulties (the GINDDI Centre), under the Ministry of Education, has been responsible since 2003 for taking children off the streets and reintegrating them, and for providing psychological support and social assistance to girl and boy victims of trafficking (paragraph 68).

The Committee notes that, according to the ITUC, the harmonized school programme for Koranic schools of the PARRER is currently being implemented as a pilot measure in 20 daaras in four regions of Senegal (Dakar, Thiès, Fatick and Kaolack). The pilot programme is planned for three years (2011–14) and is to be progressively extended throughout the nation as from 2012–13. Children in the daaras concerned will not be compelled to engage in begging. The ITUC also reports that, while the former Government failed to enforce the laws in force, the new President elected in April 2012 has affirmed his commitment to modernizing daaras and should adopt the programme, making it a priority and accelerating its implementation at the national level, particularly in rural areas, from which most child talibés originate.

The Committee notes the Government’s indications concerning the measures adopted for the protection or removal of vulnerable children or those who are victims of trafficking and exploitation. The Committee notes that these measures include the “Education and Family Life (EVF)” project in daaras, which envisages a number of activities, including training for Koranic masters and talibé children on the rights of the child and their protection, and the improvement of the living conditions and education of child talibés in daaras. The Committee also notes that, with a view to preventing the movement of children in the Kolda region (a border area), thought to be the biggest area of origin of child beggars, a pilot project has been established to provide financial allowances to families.

The Government adds that, in the context of the PARRER, a number of activities have been undertaken, including advocacy visits to major religious leaders and Koranic masters, measures of prevention and to remove children from the streets, and the development of broad awareness-raising campaigns. These various activities have led to a number of results being achieved, including the identification of 1,129 families at risk in the regions of Ziguinchor, Kolda and Kaolack, the establishment of 146 committees for the protection of child talibés, and the formulation and dissemination of Islamic arguments against child begging. However, the Committee observes that the Government has not provided recent statistics on the number of child talibés who have benefitted from the protection provided by the GINDDI centre. The Committee requests the Government to continue its efforts for the protection of child talibés under 18 years of age from forced or compulsory labour, including begging. It requests it to continue providing information on the measures adopted, particularly in the framework of the programme financed by the PARRER, and the results achieved, with an indication of the number of talibé children who have been removed from the worst forms of child labour and who have benefitted from rehabilitation and social integration measures in the GINDDI centre. It also requests the Government to continue providing information on the measures adopted or envisaged in the context of the process of the modernization of the daaras system, and the progress achieved in the context of the harmonized school programme for Koranic schools.

The Committee is raising other points in a request addressed directly to the Government.