Demande directe (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

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

Autre commentaire sur C182

Observation

Demande directe

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Articles 3(a) and 6 of the Convention. All forms of slavery or practices similar to slavery and programmes of action to eliminate the worst forms of child labour. Sale and trafficking of children. Further to its previous comments, the Committee takes due note in the Government’s report of Order No. 2019-3536/MSPC of 10 October 2019 on the establishment, organization and operation of the Brigade for the Repression of Migrant Trafficking and Trafficking in Persons (BRTMTEH), responsible in particular for combating all organized forms of trafficking in persons within the framework of international judicial cooperation.

The Committee notes the Government’s statistics according to which the BRTMTEH recorded a total of 27 cases of trafficking in persons in 2021, and 15 cases of trafficking in persons in 2020, most of which are currently pending before the competent courts. The Government indicates that some gendarmerie and police units are also registering cases of trafficking in persons.

The Committee further notes that as part of the project to combat slavery and slavery-based discrimination in Mali, carried out in cooperation with the ILO, the Government has trained a total of 20 labour inspectors and controllers on anti-slavery laws and policies, and identification and reporting of cases of slavery and forced labour, during labour inspections in rural areas and the informal economy. The Committee encourages the Government to continue its efforts towards eliminating the worst forms of child labour, including the sale and trafficking of children to ensure, in practice, that thorough investigations and robust prosecutions of offenders are carried out, and that effective and sufficiently dissuasive penalties are imposed. In this regard, it requests the Government to provide information on the results achieved.

Clause (b). Use, procuring or offering of a child for illicit activities. In its previous comment, the Committee notes that according to the Government, as part of the revision of texts implementing the Labour Code, which include Decree No. 96-178/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 notes the absence of information, in the Government’s report, on the procuring or offering of a child for illicit activities, despite the adoption of the amendment of Decree No. 96-178/P-RM of 13 June 1996 regulating the application of the Labour Code in March 2022 by Decree No. 2022-0125/PT-RM. The Committee once again reminds the Government that, under the terms of Article 1 of the Convention, immediate and effective measures must be taken to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee once again expresses the firm hope that the Government will take the necessary measures as soon as possible towards the adoption of adequate legal provisions on the ban on the use, procuring or offering of a child under 18 years of age for illicit activities, in particular for the production, supply and sale of drugs. It requests the Government to provide information on the progress achieved in this regard.

Article 5. Monitoring mechanisms. Labour inspection. The Committee notes the Government’s indication that the National Task Force to Combat Child Labour (CNLTE) carries out at least two child labour inspections per year in traditional gold-panning sites and in areas of high agricultural production and that it is continuing to set up the national child labour data collection tool (SOSTEM) with a view to monitoring child victims of labour or children at risk. However, it emphasizes that the lack of overall funding for the CNLTE does not enable SOSTEM to operate nationally in all regions. The Committee encourages the Government to continue its efforts to identify children in situations of the worst forms of labour. It requests the Government to continue to provide information in this regard, including extracts of labour inspection reports, and results achieved through SOSTEM.

Articles 5 and 7(2). Monitoring mechanisms and 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 these worst forms. The Committee notes from the 2021 CNLTE report annexed to the Government’s report that, within the framework of the national action plan for the elimination of child labour in Mali (PANETEM), several activities have been developed to strengthen efforts to eliminate child labour, including the establishment of a national referral mechanism (MRN) for victims of trafficking in persons in Mali in August 2021, in collaboration with the International Organization for Migration.

The Committee notes the CNLTE statistics, according to which a total of 10,240 children, 4,790 girls and 5,450 boys, were removed and reintegrated or prevented from being engaged in child labour in 2021, as part of the activities carried out in cooperation with other partners. The Committee requests the Government to continue to provide information on the activities led by the CNLTE within the context of the PANETEM to provide the necessary and appropriate direct assistance to prevent the engagement of children in the worst forms of child labour and for the removal of children from these worst forms of child labour, and for their rehabilitation and social integration. It also requests the Government to provide information on the results achieved under the MRN.

Clause (d). Identifying and reaching out to children at special risk. 1. HIV orphans and children at special risk. In its previous comments, the Committee noted that a National Policy to Promote and Protect Children (PNPPE) was developed in 2014, accompanied by a plan of action for the period 2015–19, which has several focuses for intervention, including strengthening protection and care for OVCs.

However, the Committee notes the information in the Government’s report that there is no programme to combat child labour that includes specific measures for OVCs. The Committee notes that, nonetheless, according to UNAIDS data for 2021, the number of OVCs as a result of HIV/AIDS is estimated at 120,000. Recalling once again that OVCs are at a greater risk of being engaged in the worst forms of child labour, the Committee requests the Government to provide information on the implementation of the PNPPE and the results achieved in this regard, to ensure that these children are protected from the worst forms of child labour.

2. Street children. The Committee notes that, according to the Government’s information, as part of the fight against child labour and its worst forms, PANETEM II is being drawn up with the support of the Office and that several regional workshops were held in 2022 in this connection. This new plan will incorporate all the mechanisms against the worst forms of child labour. The Government also states that the National Directorate for Children and the Family is responsible for the reintegration system for child victims of the worst forms of child labour.

The Committee notes, however, the absence of information on the situation of street children. The Committee recalls the concerns expressed by the Independent Expert on the situation of human rights in Mali of 2 February 2018, regarding the steadily growing phenomenon of young people in street situations, noting inadequate infrastructure, such as reception and counselling centres, and vocational training centres, as well as inadequate training and specialization of actors responsible for child protection (A/HRC/37/78, paragraph 57). Recalling that street children run a higher risk of being engaged in the worst forms of child labour, the Committee requests the Government to take the necessary measures to protect these children from the worst forms of child labour and to provide for their rehabilitation and social integration. It requests the Government to provide information on the measures adopted in this regard and on the results achieved.

Article 8. Regional cooperation. 1. Sale and trafficking of children. The Committee previously noted the implementation of an action plan of the Economic Community of West African States (ECOWAS) to combat trafficking in persons and the conclusion of bilateral and multilateral agreements between Mali and neighbouring countries, as well as the development of a regional strategy to combat trafficking in persons and the smuggling of migrants for the period 2015–20, through the United Nations Office on Drugs and Crime (UNODC).

The Committee notes the Government’s information that, while there are difficulties in implementing the multilateral and bilateral cooperation agreements, within the framework of the fight against cross-border trafficking, a meeting between the authorities of Mali and Cote d’Ivoire has opened up discussions on the possible adoption of a bilateral agreement on the sale and trafficking of children. Considering the extent of cross-border trafficking in the country, the Committee once again requests the Government to intensify its efforts to adopt and implement its multilateral and bilateral cooperation agreements. It also requests the Government to provide information on the results achieved in this regard.

2. Poverty reduction. Further to its previous comments, the Committee notes the Government’s information that an evaluation report on the implementation of the Decent Work Country Programme (DWCP) was prepared in 2020. The Government indicates that there are plans to discuss a new DWCP 2023–2025 in collaboration with the Office. The Committee encourages the Government to continue its efforts to reduce poverty, especially in the framework of the implementation of PANETEM II and the DWCP with a view to the elimination of the worst forms of child labour. It requests the Government to provide information in this regard. It also requests the Government to provide information on the results of the evaluation of the DWCP by the Office.