Observation (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

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

Autre commentaire sur C182

Observation

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Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 102nd Session, June 2013)

The Committee takes note of the communication of 30 August 2013 by the International Trade Union Confederation (ITUC) and of the Government’s report. It also notes the in-depth discussion held in the Conference Committee on the Application of Standards at the 102nd Session of the International Labour Conference, June 2013.

Articles 3(a) and 7(1) of the Convention. Sale and trafficking for the purpose of economic exploitation of forced labour and sanctions. Begging. In its previous comments, the Committee noted with concern that although section 3 of Act No. 2005-06 of 29 April 2005 to combat trafficking in persons and similar practices and to protect victims 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 to continue begging, section 245 of the Penal Code provides that “the seeking of alms on days, in places and under conditions established by religious traditions does not constitute the act of begging”. The Committee 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 took note of the ITUC’s observation that the number of talibé children forced to beg, most of whom were boys between the ages of 4 and 12 years, was estimated at 50,000 in 2010. The ITUC also 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 in practice these children receive very little education and are extremely vulnerable, being totally dependent on their Koranic teacher or marabout. They live in unhealthy conditions and in poverty and are physically and psychologically abused if they fail to earn their financial quota through begging. As to the causes of the phenomenon, the ITUC explained that poverty cannot alone account for this form of exploitation as the evidence tends to show that some marabouts earn more from child begging than they need to maintain their daaras (Koranic schools). The ITUC added that there was no record of any arrests, prosecutions or convictions of marabouts for forcing talibés to beg until August 2010, when the Prime Minister announced the adoption of a decree prohibiting begging in public places. Since that measure, although seven Koranic teachers were arrested and sentenced to prison terms under Act No. 2005-06, the sentences have never been enforced. 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 of February 2012. In October 2010, the President, therefore, reversed the Government’s decision. According to the ITUC, since the conviction and release of the marabouts arrested in 2010, there have been no further prosecutions, let alone convictions.

The Committee notes the recent comments by the ITUC stressing that the present Government of Senegal has declared its determination to combat the phenomenon of the talibé children. It indicates in this connection that following the death of nine talibés in a fire in a daara in Dakar in March 2013, the President has undertaken to close all Koranic schools that fall short of basic safety standards and to eradicate child begging by 2015. The ITUC observes, however, that although the Ministry of Justice distributed Circular No. 4131 in 2010 calling on the judicial authorities to show firmness in proceedings relating to the trafficking of persons and particularly the economic exploitation of children through begging, the Government has by and large failed to apply the legislation. The ITUC points out that in the rare cases where marabouts have been prosecuted, it has nearly always been on other charges, and that section 3 of Act No. 2005-06 has not been applied.

The Committee notes the information provided by the Government in its report and during the discussion held in the Conference Committee on the Application of Standards in June 2013 concerning the measures taken to combat the economic exploitation of begging by talibé children. It notes in particular that on 8 February 2013, an inter-ministerial council met to discuss ways and means of eradicating the phenomenon of begging and, subsequently, of establishing of a steering committee for follow up and implementation of the recommendations.

As to the inconsistency between section 245 of the Penal Code and section 3 of Act No. 2005-06, the Government asserts that the national legal framework as it stands allows persons who use begging by talibé children for economic purposes to be effectively prosecuted and punished. According to the Government, section 245(2) of the Penal Code, which allows a waiver to the general prohibition on begging, applies only to adults who engage freely in begging for socio-cultural and religious reasons. The Government indicates that begging by persons under 21 years of age is severely punished in any event. As regards the prosecutions and convictions of marabouts, the Government states that it disagrees with the ITUC’s observation that no marabouts have been prosecuted or punished since 2010. In this connection, the Committee notes the information in the Government’s report regarding the most recent cases recorded. It notes, however, that of the four marabouts recently prosecuted, only one was charged with the exploitation of begging, the other three having been arrested on charges of assault and battery. Furthermore, although it specifies the type of penalties imposed, the information from the Government says nothing of the legal provisions applied or the duration or amount of the penalty. The Committee points out that it needs such information in order to assess the extent to which Act No. 2005-06 is applied and to ascertain the dissuasive effect of the penalty imposed.

While noting the policies and measures adopted by the Government to combat the phenomenon of the economic exploitation of begging by talibé children, the Committee must once again express deep concern at the persistence of this phenomenon and at the few prosecutions brought under section 3 of Act No. 2005-06.

Referring to its General Survey of 2012 on the fundamental Conventions concerning rights at work (paragraph 483), the Committee reminds the Government although 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. It also points out that under Article 7(1) of the Convention, the Government is required to take all necessary measures 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 sanctions. The Committee urges the Government to take the necessary measures to ensure that section 3 of Act No. 2005-06 is applied in practice to persons who use begging by talibé children under the age of 18 years for economic ends. In this regard, the Committee requests the Government to take measures to build the capacity of law enforcement officials, particularly the police and the judicial authorities, to disseminate Act No. 2005-06 and ensure that the perpetrators of such acts are prosecuted and that sufficiently dissuasive penalties are applied in practice. It requests the Government to provide information on this matter, together with statistics of the number of prosecutions, convictions and penalties imposed pursuant to Act No. 2005-06.

Article 7(2). Effective and time-bound measures. Clause (d). Children at special risk. Talibé children. The Committee noted previously that a partnership for the withdrawal and reintegration of street children (PARRER) was established in February 2007 and is made up of members of the Senegalese administration, non-governmental organizations (NGOs), the private sector, development partners, religious organizations, civil society and the media. According to the ITUC, the Government adopted measures to promote a programme of modern daaras managed or regulated by the State. The Government indicated that it also planned to include certain actions in its strategy to prevent child begging, such as the implementation of social protection measures to be applied in the areas of origin of migrant children, the implementation of programmes for the conditional transfer of 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 further noted that according to information contained in the report of 28 December 2010, by the United Nations Special Rapporteur on the sale of children, child prostitution and child pornography, the Care, Information and Counselling Centre for Children in Difficulties (GINDDI Centre), which reports to 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 the most recent communication from the ITUC in which it recommends that the Government strengthen the programme for the modernization of daaras and apply it countrywide in order to put an end to forced begging by talibé children.

The Committee takes due note of the detailed information sent by the Government in its report, concerning the various programmes for the modernization of daaras and the training of Koranic teachers, and concerning the latest results obtained in identifying, removing and reintegrating talibé children. It notes in particular that under the PARRER, 200 children were taken off the streets and benefited from reintegration measures between 2010 and 2011. Furthermore, the GINDDI Centre has taken in 214 children, and assisted in returning 15 talibé children to Guinea-Bissau, four to Gambia and four to Guinea and the return to their families of 13 Senegalese talibé children between January and May 2013. Thanks to the “social section of the medical emergency service” (SAMU) 309 children were taken off the streets between 2010 and 2012. The Committee also notes the adoption in April 2013 of the National Framework Plan for the Eradication of Child Begging (PNEMI) 2013–15 and the National Framework Plan for the Prevention and Elimination of Child Labour (PCNPETE), which provides for measures to contribute to improving the quality of the education and living conditions of children in daaras by 2016. The Government also indicates that it plans to implement a project to identify all the daaras in the country, and to set up school canteens to cater for 500 talibé children during the 2012–13 school year. Lastly, it notes that, according to the information provided by the ITUC, the Islamic Development Bank and the World Bank have undertaken to finance the establishment of modern daaras (164 in all). The Committee encourages the Government to pursue its effort to protect talibé children under the age of 18 years from being sold and trafficked, and from forced or compulsory labour, and to ensure their rehabilitation and social integration. It requests the Government to continue to provide information on the measures taken, particularly under the programme financed by PARRER, and the results obtained, specifying the number of talibé children who have been removed from the worst forms of child labour and who have benefited from rehabilitation and social integration measures in the GINDDI Centre. It also asks the Government to provide information on the measures taken and the results obtained under the PNEMI and the PCNPETE to modernize the daara system.

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