Observation (CEACR) - adoptée 2021, publiée 110ème session CIT (2022)

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

Autre commentaire sur C182

Observation

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The Committee notes the observations of the International Trade Union Confederation (ITUC) of 1 September 2021.

Articles 3(a) and 7(1) of the Convention. Worst forms of child labour and penalties. Sale and trafficking of children for economic exploitation and forced labour. Begging. In its previous comments, the Committee noted that in 2019 it was estimated that in Senegal over 100,000 talibé children were compelled to engage in begging. The Committee noted that 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 deception of any person with a view to causing that person to engage in begging, or the exertion of pressure so that the person engages in begging. However, 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”. In this regard, the Committee requested the Government to ensure the prohibition of begging by talibé children through the adoption of laws to eliminate this legislative ambiguity. The Committee also noted from the information communicated by the ITUC, and the concluding observations of the United Nations Human Rights Committee and Committee Against Torture, which both noted that investigations and prosecutions of persons engaged in forced begging by children were rare and that, far from declining, the exploitation of children by Koranic teachers for forced begging was a phenomenon that was increasing.

The Committee notes that in its written information on the application of the Convention provided to the Committee on the Application of Standards at the 109th Session of the International Labour Conference in 2021, the Government indicates that when Act No. 2005-06 was reviewed, it was finally decided to retain section 245 of the Penal Code, which supplements Act No. 2005-06. The Government indicates that section 245 of the Penal Code does not permit begging, in whatever form, and that it merely notes a reality arising out of the religious practice of requesting or giving alms. The Government emphasizes that the Penal Code formally prohibits begging by persons under 18 years of age and punishes any person who allows a child under their responsibility to engage in begging. The Government adds that the Ministry of Women, the Family, Gender and Child Protection (MFFGPE) organized a workshop in collaboration with the Special Brigade for Children to strengthen their collaboration during removal operations and to facilitate prosecutions. In this regard, 32 judicial investigations into Koranic teachers were opened between 2007 and 2019, leading to 29 prosecutions and 25 convictions for forced begging, torture or the death of children.

However, the Committee is bound to note the observations of the ITUC that, despite the generalized and visible nature of the abuses concerned, investigations and prosecutions are still extremely rare and the policy still frequently fails to investigate cases of forced begging. Charges against Koranic teachers continue to be abandoned or transmuted into less serious offences than forcing talibé children to engage in begging under the terms of Act No. 2005-06 or the Penal Code. The ITUC indicates that poor law enforcement and the lack of means of redress for illtreated talibé children have continued. The ITUC observes that the authorities have not opened investigations against persons suspected of having forced talibé children to engage in begging who were identified during the programme for the removal of children from the streets implemented by the MFFGPE, and have not taken measures against public employees who refused to investigate such cases. Moreover, during the reporting period, the Government has not prosecuted or convicted presumed traffickers engaged in the forced begging of children. Instead of launching criminal investigations, administrative penalties are often imposed upon the presumed perpetrators of forced begging, particularly due to public pressure and the social influence of Koranic teachers. Despite allegations of complicity by Government representatives who have refused to investigate cases of trafficking or have exerted pressure on magistrates for cases to be abandoned, the Government has not reported any investigation, prosecution or conviction for complicity.

While noting the Government’s indication that a certain number of judicial investigations were undertaken leading to a number of prosecutions and convictions between 2007 and 2019, the Committee notes with regret that the Government has not provided new information on the imposition of penalties on persons engaged in the use of talibé children under the age of 18 for begging. With reference to the 2012 General Survey on the fundamental Conventions, the Committee recalls that, while the issue of seeking alms as an educational tool falls outside the scope of its mandate, it is clear that the use of children for begging for purely economic ends cannot be accepted under the Convention (paragraphs 483–484). The Committee therefore expresses deep concern at the persistence of the phenomenon of the economic exploitation of talibé children and strongly deplores the low number of prosecutions under section 3 of Act No. 2005-06. Recalling that the penalties established are only effective if they are applied in practice, the Committee once again urges the Government to take the necessary measures without delay to ensure the enforcement in practice of section 3 of Act No. 2005-06 and the punishment of persons who use talibé children under 18 years of age for begging for economic exploitation. The Committee once again urges the Government to intensify its efforts for the effective reinforcement of the capacities of the officials responsible for the enforcement of the law and to ensure that the perpetrators of these acts, as well as complicit State officials who fail to investigate such allegations, are prosecuted and that sufficiently dissuasive penalties are imposed in practice on those who are convicted. Noting once again with deep regret the absence of data on this subject, the Committee once again requests the Government to provide statistics on the number of prosecutions, convictions and penalties imposed under Act No. 2005-06.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing children from being engaged in the worst forms of child labour and the provision of assistance to remove them from these forms of child labour. Talibé children. 1. Projects and programmes for the removal of children from the streets. The Committee previously urged the Government to intensify its efforts and to take the necessary measures without delay to protect talibé children against sale and trafficking and forced or compulsory labour and to ensure their rehabilitation and social integration.

In its written information on the application of the Convention provided to the Committee on the Application of Standards at the 109th Session of the International Labour Conference in 2021, the Government indicates that, in addition to the measures indicated in 2019 to combat trafficking, begging and the forced or compulsory labour of children, other health measures were taken in 2020 to reinforce this action within the context of COVID-19, in which protection was strongly augmented. The Government reports the following new measures:

– The support project for the protection of child victims of violations of their rights (PAPEV): this project, launched by the Office of the United Nations High Commissioner for Human Rights in collaboration with the Ministry of Justice, is making a broad contribution to the reinforcement of the child protection system in Senegal. The National Steering Committee for the project was established by Order No. 005016 of 3 February 2020 of the Minister of Justice. In 2020, the PAPEV provided support to the State of Senegal for the family reintegration of children removed from the streets through the implementation of a programme of emergency protection for street children. The programme resulted in 5,067 children being removed and placed in reception centres, of whom 175 were from Gambia, Guinea-Bissau and the Republic of Guinea, and 52 children being reintegrated in their families, including 34 children from Gambia and 18 from Guinea-Bissau. The PAPEV also strengthened the assistance provided in reception centres through educational and health support for children.
– The project “zero street children” is part of the programme for the “removal of children from the streets”, the third phase of which was launched in April 2020: starting off from the national contingency plan to respond to specific needs for the protection of children in the context of COVID-19, the project “zero street children” led to 5,333 street children aged between 4 and 17 years being removed and placed in shelter in reception structures with support in the form of the provision of food, hygiene and sanitary products and various types of equipment to contribute to their adequate support. The Coordination, Monitoring and Follow-up Unit of the “zero street children” project is the national body that follows the situation of talibé children. It brings together State structures, civil society organizations, non-governmental organizations and technical and financial partners involved in combating the problem of street children, including representatives of religious chiefs. The outcome of the implementation of the project, released on 20 November 2020, shows that 6,187 children between the ages of 4 and 17 years have been removed from the streets. The proportion of children returned to their families also rose by 37.3 per cent, increasing from 22.7 per cent in 2019 to 60 per cent in 2020.
– The Vulnerable Children Programme (PED): between 2016 and 2020, the Ministry of Health and Social Action (MSAS) benefited from a budget for vulnerable children (orphans, children with disabilities, talibé children, children of families suffering from leprosy). This Programme achieved the following results: the placement of 700 talibé children in apprenticeships in workshops or training centres; the registration of 5,950 talibé children in mutual health funds through universal health coverage; support for 70 pilot daaras in the form of food and materials; and subsidies for 140 traditional daaras.

The Committee also notes the information provided by the ITUC to the effect that the Government has taken positive measures in practice in relation to talibé children in response to the COVID-19 pandemic. According to the ITUC, the Government has worked with international organizations, civil society and local populations on the inclusion of the needs of talibé children in COVID-19 programmes and projects, including the “zero street children” project. The ITUC indicates that the number of children removed from the streets during the third phase of the “removal programme” clearly exceeded the first and second phases and that the Departmental Child Protection Committees (CDPEs), which include representatives of civil society, have supervised the programme at the regional level.

However, the ITUC refers to several challenges encountered during the implementation of the various projects and programmes. It indicates that the authorities have noted that children who had been removed from the streets have returned. Civil society organizations have reported that the processes for the monitoring of the removal programme were once again inadequate, particularly in relation to the lack of follow up of talibé children who had been returned to their families. As a consequence, in most cases, talibé children who were returned to their families were sent back to Koranic schools where they were forced to beg. The ITUC adds that disparities have emerged at the level of the implementation of the removal programme throughout Senegal. For example, the Prefect of Kédougou refused the request by the authorities to return the talibé children from a particular daara to their families; in Matam, the local religious authorities vigorously opposed the programme and it was not possible to remove any children; in Sédhiou, no children were removed from the streets; and in Ziguinchor and Thiès, talibé children were confined in daaras instead of being returned to their families. The ITUC adds that the resources allocated to the CDPEs were inadequate and that there was a lack of communication with the MFFGPE and the local actors responsible for removal operations, which affected the implementation of the operations and the appropriate follow-up of the talibé children who had been removed. Moreover, the “removal programme” was vigorously opposed by certain Koranic teachers and only a minority of daaras agreed to facilitate the return of talibé children to their families. By way of illustration, only six of 247 daaras in Louga allowed the voluntary return of talibé children to their families. Finally, the MFFGPE was due to carry out an evaluation of the implementation of the third phase of the removal programme before proceeding with a fourth phase, but that has not been done and it is not known whether the additional phase is currently under consideration. While noting the measures taken by the Government, the Committee urges it to reinforce the relevant programmes so as to continue being able to remove child victims of begging for exclusively economic purposes and ensure their lasting rehabilitation and social integration, particularly by ensuring effective follow up to the removal of children from the streets and providing the CDPEs with the necessary resources to be able to fulfil their functions effectively. The Committee requests the Government to continue providing information on the measures taken in this regard and to supply statistics on the number of talibé children removed from the worst forms of child labour and who have benefited from rehabilitation and social integration measures.

2. Project to modernize daaras. The Committee previously noted the various programmes for the modernization of daaras and the training of Koranic teachers, as well as the various framework plans for the elimination of the worst forms of child labour, including the support project for the modernization of daaras (PAMOD). However, it noted that the programme for the modernization of daaras appeared to be more focussed on the construction of new “modern daaras” than on the improvement of the infrastructure and practices of existing daaras.

The Committee notes the ITUC’s observations that the programme for the modernization of daaras includes two components: the PAMOD, which was launched in November 2013, and the project to improve the quality and equity of basic education (the PAQUEEB project) financed by the World Bank. The first phase of the PAQUEEB programme focussed on the renovation and modernization of 100 daaras throughout the country. In March 2020, the Ministry of Education organized a workshop to select the daaras which would benefit from the second phase of the PAQUEEB programme. Subsequently, 417 additional daaras were selected, making a total of 517 beneficiary daaras. The ITUC also reports that the Ministry of Education is envisaging holding a meeting with daaras inspectors to discuss the best way of integrating child protection into their inspections, with the assistance of civil society organizations. The ITUC adds that there are failings in the performance of daaras inspection services. In overall terms, the inspectors seem to be without clear central directives and instructions and do not appear to develop plans to combat begging and the ill-treatment of children in daaras. Nor is it clear whether the inspection services intend to inspect all daaras, or only those registered as “modern daaras”, which gives rise to the risk that unregistered daaras, in which the worst abuses persist, are continuing to operate without supervision. Moreover, the ITUC indicates that the Ministry of Justice has not been sufficiently involved in the programme for the modernization of daaras, which limits the possibility of closing daaras that engage in exploitation and prosecuting abusive teachers.

The Committee notes the Government’s indications that the policy for the modernization of daaras in Senegal has been carried out through several reforms, including the preparation of a Bill establishing the status of daaras, the development of a curriculum for daaras including the Koran, French and science subjects and the introduction of disciplines such as reading and mathematics. However, it notes the indication by the ITUC that the Bill establishing the status of daaras, introduced for the first time in 2010 and then once again in 2013, has not yet been adopted. The Bill was approved by the Council of Ministers in 2018, but has remained before the National Assembly awaiting adoption for a third year. The Committee therefore urges the Government to intensify its efforts to ensure the implementation of the programme for the modernization of daaras, through the PAMOD and PAQUEEB programmes, in a manner that contributes to the protection of talibé children against the worst forms of child labour and ensures the rehabilitation and social integration of these children, and it requests it to provide information on the results achieved. The Committee also requests the Government to take measures to reinforce the daaras inspection service and to ensure that all daaras, and not only “modern daaras”, are inspected, so that talibé children who are victims of forced begging are effectively identified and then removed and socially integrated. Finally, the Committee requests the Government to take the necessary measures to ensure that the Bill establishing the status of daaras is adopted in the near future and it requests it to provide information on the manner in which this Bill, when it has been adopted, will contribute to the modernization of daaras and will protect talibé children from forced begging.

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