Demande directe (CEACR) - adoptée 2014, publiée 104ème session CIT (2015)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Côte d'Ivoire (Ratification: 2003)

Autre commentaire sur C182

Observation

Demande directe

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Articles 3(a) and 7(1) of the Convention. Sale and trafficking of children and penalties. The Committee previously took note of new legislative provisions that banned and penalized the sale and trafficking of children, but noted that this worst form of child labour constituted a problem in practice. In this respect, it noted that the police in Côte d’Ivoire demonstrated a weak understanding of trafficking in children. Furthermore, it observed that only one person had been convicted of trafficking in children and that, on two occasions, child traffickers intercepted by the police managed to escape, thereby evading conviction.

The Committee notes the Government’s statement that it will take the necessary measures to ensure that Act No. 2010-272 of 30 September 2010 is strictly applied. The Committee notes the Government’s commitment to take measures to strengthen the capacities of persons involved in combating trafficking in children, and to undertake judicial proceedings against the perpetrators until such time as they have been sentenced. In this respect, the Committee notes the information provided by the Government in its report under the Minimum Age Convention, 1973 (No. 138), according to which – in the context of the strategic focus of the National Plan of Action (2011–14) to combat the trafficking and worst forms of child labour (PAN), whose goal is to eliminate and punish those responsible for trafficking and the worst forms of child labour – equipment and vehicles have been supplied to the Sub-directorate to Combat the Trafficking of Children and Juvenile Delinquents of the national police, as well as to two police units. In 2013, the sub-Directorate registered eight cases of prosecution of which two resulted in penalties, the arrest of 23 traffickers and the conviction of 11 traffickers. In 2014, a police operation called “NAWA” resulted in the interception and arrest of eight persons involved in trafficking and the exploitation of children. The Committee urges the Government once again to redouble its efforts to ensure that persons engaging in the sale and trafficking of children under 18 years of age are prosecuted and that sufficiently effective and dissuasive penalties are applied, under the terms of Act No. 2010-272 of 30 September 2010. In this respect, the Committee requests the Government to take the necessary measures to ensure that thorough investigations and robust prosecutions of offenders are carried out, particularly by strengthening the capacities of the authorities responsible for the enforcement of the law. It requests the Government to continue providing information on the results achieved in this respect.

Article 5. Monitoring mechanisms. The Committee previously noted that the National Steering Committee would be reorganized and its tasks redefined in the context of the National Plan of Action to combat the trafficking and worst forms of child labour.

The Committee notes that a new institutional framework was introduced in 2011 with a view to improving coordination between the stakeholders. The Committee also takes note that the Inter-ministerial Committee against the Trafficking and Exploitation of Children and Child Labour (CIM) was created under Decree No. 2011-365 of 3 November 2011 and is administered by the Ministries of State and Employment. This Committee is entrusted with defining and guaranteeing the implementation of the national policies; validating the partners’ projects and programmes and coordinating the activities of all the partners involved; and evaluating the implementation of the projects and programmes.

In addition, the Committee notes that the National Committee for Monitoring Actions to Combat the Trafficking and Exploitation of Children and Child Labour (CNS), which was also set up in 2011, is made up of key international organizations, non-governmental organizations, representatives of the private sector and workers, inter alia. The role of this Committee is to: provide a follow-up to the implementation of government projects and programmes, international agreements and national policies; propose measures to combat child labour and provide care for the victims; and initiate preventive measures (awareness raising) and contribute towards school reintegration. The Committee requests the Government to continue providing information on the activities carried out by the CIM and the CNS to ensure the follow-up to the application of provisions giving effect to the Convention through the policies and programmes adopted, and on the results achieved.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing children from being engaged in the worst forms of labour and removing them from these worst forms. Children enrolled and used in armed conflict. Further to its previous comments, the Committee notes that, according to the Government, a National Programme of Disarmament, Demobilization and Reintegration (PNDDR) was introduced after the post-electoral crisis in 2010. The stakeholders of this programme designed it for ex-child soldiers who are still minors. The major goal of the programme is to reintegrate these children into their families and communities; they also receive psychosocial support and participate in educational activities. Through this programme, the European Community Humanitarian Aid Department provided its support to more than 4,000 children linked to armed groups and thousands of others who ran the risk of being recruited. Furthermore, in the context of the implementation of the National Social Protection Strategy (SNPS), priority is given to job creation by applying the principle of high-intensity labour, which targets former soldiers and young persons at risk of remaining in crime.

However, the Committee notes that, according to the report of the United Nations Secretary-General of 15 May 2004 on children and armed conflict (A/68/878-S/2014/339), despite the ongoing peace and reconciliation process and ongoing efforts regarding the reintegration of ex-combatants, the overall child protection situation remains of concern in the light of insecurity in some areas and a lack of accountability for grave violations against children. In 2013, the United Nations documented a total of 30 grave violations against children perpetrated by the Republican Forces of Côte d’Ivoire (FRCI), of which four were cases of recruitment and use of minors. The minors in question, aged between 13 and 17 years of age, were manning checkpoints in Mankono and M’bahiakro and one of them worked as a cook. The United Nations organized a series of training and capacity-building sessions on child protection for the defence and security forces. In November, the FRCI re-established a child protection cell to liaise with child protection actors and deal with child protection concerns. Furthermore, a draft national child protection policy to address violence against children, assistance to child victims and the issue of impunity is pending adoption by the Government. The Committee requests the Government to step up its efforts to eliminate entirely the forced recruitment of children under 18 years of age by armed forces and groups. The Committee also requests the Government to continue providing information on the time-bound measures taken to ensure that child soldiers released from armed forces and groups receive appropriate assistance for their rehabilitation and social integration, including by reintegrating them into the school system or into vocational training, wherever appropriate.

Clause (d). Children at special risk. Children orphaned by HIV/AIDS. In its previous comments, the Committee noted that the number of orphans and children vulnerable (OVC) due to HIV/AIDS was 430,000, and it expressed its concern at the high number of child victims of HIV/AIDS in the country and the low rate of school attendance by orphans.

The Committee notes the Government’s indication that it will provide, in its next reports, information on the measures taken and results achieved in the context of the National Programme for the Care of Orphans and Other Vulnerable Children of HIV/AIDS (PNOEV), especially by ensuring the access of OVCs to free basic education. The Committee also notes that, according to the national report of Côte d’Ivoire of 2014 on the follow-up to the policy statement on AIDS of June 2011, considerable efforts have been made for a number of years to strengthen the national response to HIV/AIDS. In this respect, the Committee notes that estimates now put the number of OVCs as a result of HIV/AIDS at 380,000 in the country. While recalling that OVCs on account of HIV/AIDS are at an increased risk of being engaged in the worst forms of child labour, the Committee urges the Government to step up its efforts to ensure that such children are protected from these worst forms of child labour. It requests the Government to continue submitting information on the effective time-bound measures taken in this respect and on the results achieved.

Article 8. International cooperation. Further to its previous comments, the Committee takes due note of the detailed information contained in the status report of the implementation of the action plan 2006–10 of the Multilateral Cooperation Agreement to Combat Child Trafficking in West Africa. The Committee also takes note of the overview report of the fourth follow-up meeting of this Multilateral Agreement, held from 27 to 29 July 2010, which contains recommendations made by the participants with a view to strengthening links, exchanges of information, and cooperation between countries in West Africa. Furthermore, the Committee notes the Government’s indication, in its report submitted under the Minimum Age Convention, 1973 (No. 138), that in the context of the implementation of the PAN, regional cooperation in the area of combating the worst forms of child labour, including the treaty, have been strengthened by the signing of cooperation agreements between Côte d’Ivoire and Mali, on the one hand, and between Côte d’Ivoire and Burkina Faso, on the other. The Committee requests the Government to continue providing information on the results achieved in the application of the Multilateral Cooperation Agreement to Combat Child Trafficking in West Africa, as well as on the cooperation agreements with Mali and Burkina Faso, indicating the number of child victims of this worst form of child labour who have been repatriated.