Demande directe (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

Repetition

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. In its previous comments, the Committee noted that, although the Government had taken several measures to combat the sale and trafficking of children for the exploitation of their labour, the trafficking of children still constituted a problem in practice, even though it was prohibited by section 244 of the Penal Code and section 63 of the Child Protection Code.

The Committee takes note of the Government’s information on the statistics relating to the number of child trafficking victims intercepted and repatriated (40) or rehabilitated (28) in 2010, as well as to the number of traffickers prosecuted (four). The Committee notes the adoption, in 2012, of Act No. 2012-023 relating to the combat against trafficking in persons and similar practices (Act No. 2012-023), which henceforth prescribes a penalty of imprisonment of five to ten years for persons involved in the sale and trafficking of persons, and the option of a ban on entry into the country for a period of one to ten years. If the crime is committed against a victim under 15 years of age or if the victim is exposed to hazardous or difficult work or to the worst forms of child labour, this penalty is increased to imprisonment for a period ranging from ten to 20 years and a ban on entry into the country of a period ranging from five to 20 years. The Committee, therefore, requests the Government to take immediate measures to ensure, in practice, that thorough investigations and robust prosecutions of offenders are carried out, and that effective and sufficiently dissuasive penalties are imposed. It requests the Government to provide recent information on the application of provisions related to the sale and trafficking of children for the exploitation of their labour, in particular those of Act No. 2012-023, through the provision of statistics on the convictions and penalties imposed.

Clause (b). Use, procuring or offering of a child for prostitution. Further to its previous comments, the Committee notes that, according to the Government, Act No. 2012-023 relating to the combat of trafficking in persons and similar practices, adopted on 28 June 2012, defines the use, procuring or offering of a child for prostitution as a case of trafficking in persons and therefore punishes the offender with the same penalties as those provided for in cases of trafficking. The Committee requests the Government to provide information on the application of the provisions of Act No. 2012-023 in practice, with respect to the use, procuring or offering of a child for prostitution, by providing statistics on the convictions and penalties imposed.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee previously noted that neither Act No. 1986/18 on the punishment of offences involving poisonous substances and narcotics, nor Act No. 01-081, prohibits the use, procuring of offering of a child for illicit activities, in particular for the production and trafficking of drugs.

The Committee notes the Government’s indication that, as part of the revision of texts implementing the Labour Code, which include Decree No. 96178/P-RM of 13 June 1996 regulating the Labour Code, the principle of the ban on the use, procuring or offering of a child under 18 years of age for illicit activities will be incorporated into these texts. The Committee reminds the Government once again that, under the terms of Article 1 of the Convention, immediate and effective measures shall be taken to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee, therefore, urges the Government once again to take immediate measures to ensure that the national legislation prohibits the use, procurement or offering of children under 18 years of age for illicit activities, in particular for the production, offering and sale of drugs. It requests the Government to provide information in its next report on any progress achieved in this respect.

Article 5. Monitoring mechanisms. Labour inspection. The Committee again urges the Government to provide extracts from labour inspection reports concerning the worst forms of child labour in the very near future.

System for the observation and monitoring of child labour in Mali (SOSTEM) and the National Cell to Combat Child Labour (CNLTE). The Committee previously noted that, in the context of the time-bound programme (TPB), launched in Mali in 2006, SOSTEM was established to consolidate the initiatives already being implemented by ILO–IPEC in support of the Government and the social partners to achieve a better understanding of the phenomenon of child labour and its worst forms. The Committee noted that the findings of the supervision carried out by SOSTEM were officially forwarded to the Government in May 2010 through the CNLTE, a structure responsible for collecting information on child labour, assessing the working conditions of children, establishing and updating a database on child labour, reinforcing the capacities of the various actors and disseminating an annual national report on child labour.

The Committee notes the Government’s indication that the support programme to extend SOSTEM was officially launched in 2011 in the region of Sikasso. The CNLTE thus contributed to the establishment and strengthening of the technical and operational capacities of ten local watchdog committees (CLV) and four community watchdog committees (CCV). These committees are responsible for removing child victims from the worst forms of child labour – or preventing those at risk from their recruitment – by means of information and awareness-raising campaigns conducted during their observation missions in various areas, including traditional gold panning sites and in the fields. They then offer the child victims educational alternatives, vocational training or a return to their families. The CNLTE also contributed towards the capacity building of 460 persons involved in the technical services, the social partners, the civil society, the media, members of the CLVs and CCVs and the focal structures of SOSTEM on child labour and its worst forms, by organizing 12 workshops and training seminars. The Committee requests the Government to continue providing information on the activities carried out by the CNLTE for the benefit of children engaged in the worst forms of child labour and on the results achieved.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and their removal from the worst forms of child labour. The sale and trafficking of children. In its previous comments, the Committee noted that there was no institutional facility in Mali to shelter, offer guidance to or to assist young women who were the victims of trafficking or sexual exploitation. In this respect, the Committee noted the Government’s indication that one of the strategic focuses of the National Plan of Action for the Elimination of Child Labour in Mali (PANETEM), adopted in 2010, was the implementation of direct action to combat the worst forms of child labour, including trafficking.

The Committee notes that, according to the Government’s information, the PANETEM is planning, under its strategic focus 4, for a series of interventions to prevent and exclude children from trafficking, more specifically by withdrawing and rehabilitating child victims of trafficking and returning them to their families. The Committee requests the Government to take immediate measures in the framework of the PANETEM project to prevent children under 18 years of age from becoming victims of sale or trafficking and to remove child victims from this worst form of labour.

PANETEM. In its previous comments, the Committee noted that the PANETEM envisages the implementation of direct action to combat the worst forms of child labour in the following sectors and cross-cutting areas: agriculture, stock-raising, fishing and agroforestry; craftwork, tourism and hotels; traditional gold-panning and artisanal quarries; domestic work; the urban informal economy; the commercial sexual exploitation of children; and trafficking of children.

The Committee notes that the CNLTE, operating in the context of the PANETEM, has been successful in preventing the recruitment of or removing of 4,265 children (2,620 girls and 1,645 boys) from the worst forms of child labour in the Sikasso region (mainly in agriculture, traditional gold-panning and domestic work), by providing them with educational services and vocational training, and returning them to their families. The Committee firmly encourages the Government to continue its efforts and requests it to continue providing information on the time-bound measures adopted within the context of the PANETEM for the provision of the necessary and appropriate direct assistance to prevent children from becoming engaged in the worst forms of child labour, and ensure their rehabilitation and social integration.

Clause (d). Identifying and reaching out to children at special risk. HIV/AIDS orphans (OVC). Further to its previous comments, the Committee notes with deep concern that UNAIDS estimates for 2013 put the number of OVC at 79,000, accounting for an increase over estimates for 2010 (63,126 child orphans). The Committee notes that, according to the Government, no programme to combat child trafficking implemented so far provides for any specific action for OVC. The Government states that the implementation of the PANETEM would be the ideal framework to develop specific interventions in this area. Recalling that OVC are at greater risk of being engaged in the worst forms of child labour, the Committee urges the Government, once again, to adopt effective measures without delay, particularly in the context of the PANETEM, to ensure that these children are protected from the worst forms of child labour.

Article 8. Regional cooperation. Further to its previous comments, the Committee notes the information provided in the Government’s report concerning the implementation of an action plan of the Economic Community of West African States (ECOWAS) to combat trafficking in persons and concerning bilateral and multilateral agreements concluded by Mali with neighbouring countries. Furthermore, the introduction of various cooperation agreements has succeeded in producing results in the areas of interception, rehabilitation and repatriation of child victims of trafficking. Between 2006 and 2010, 249 foreign child victims of trafficking were intercepted and repatriated (39 girls and 210 boys). In 2011, 74 child victims of trafficking were intercepted, repatriated and rehabilitated (32 girls and 42 boys). In view of the importance of transborder trafficking in the country, the Committee requests the Government to continue its efforts to implement its multilateral and bilateral cooperation agreements. It also asks the Government to continue providing information on the results achieved in this respect.

Poverty reduction. The Committee previously noted that the PANETEM was one of the cornerstones of the child protection policy in Mali. The Committee further noted that, according to the annual report of the National Directorate of Labour of 2010, a draft Decent Work Country Programme (DWCP) for the years 2011–14 had been prepared in collaboration with the ILO and that its objectives are to promote decent work for young persons through strong and lasting growth, to reinforce and extend social protection for all and to contribute to the progressive achievement of decent work through dynamic social dialogue.

The Committee takes note of information from the Government that one of the specific objectives of the PANETEM is to improve the incomes of the parents of children who are victims of trafficking or in danger of being recruited in the worst forms of child labour by promoting income-generating activities to benefit 816,910 households. The Government nevertheless notes that the DWCP has not yet been signed; given the new socio-economic context, it has been agreed to review it to take new concerns into account. Considering that poverty reduction programmes contribute to breaking the cycle of poverty, the Committee requests the Government to take the necessary steps to ensure that the DWCP is adopted as soon as possible. It strongly encourages the Government to continue its efforts to reduce poverty, especially in the context of the implementation of the PANETEM and the DWCP, once the latter has been adopted.

Application of the Convention in practice. In its previous comments, the Committee noted that the following studies were being undertaken: (a) a study on the exploitation of child beggars in Mali; and (b) a study on gender-related issues affecting children, child labour and the worst forms of child labour in mines and quarries: the case of Mali.

The Committee noted with concern the Government’s indication that the findings of the abovementioned studies are still not available. The Committee urges the Government to take the necessary measures to make the findings of the abovementioned studies on the worst forms of child labour available.