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Article 5 of the Convention. Monitoring mechanisms. National Steering Committee. The Committee previously noted that a National Steering Committee (CDN) had been established to monitor activities related to child labour, and particularly the trafficking of children. It also noted that, owing to certain constraints, the National Steering Committee had been unable to meet, but that measures had been taken with a view to making it operational and extending its mission to all initiatives to combat the worst forms of child labour.

The Committee notes the Government’s indications that certain budgetary and technical constraints have prevented the implementation of many projects, and that the operation of the National Steering Committee appears to be insufficient. According to the Government’s report, the National Steering Committee will 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 requests the Government to provide information on the orientation of the activities of the National Steering Committee in the context of the National Plan of Action to combat the trafficking and worst forms of child labour, and on the measures adopted by the National Steering Committee.

Article 7(2). Effective and time-bound measures. Clause (b). Removal of children from the worst forms of child labour and their rehabilitation and social integration. Children enrolled and used in armed conflict. The Committee noted previously that, according to a report by the Special Representative of the Secretary-General for Children and Armed Conflict of 6 August 2008 (A/63/227, paragraph 7), the armed forces and groups have taken coordinated steps to identify and release children associated with their forces with a view to ensuring their social integration.

The Committee observes that the Government’s report does not provide information on this subject. It notes that, according to the report of 13 April 2010 of the Secretary-General of the United Nations on Children and Armed Conflict in Côte d’Ivoire (A/64/742-S/2010/181, paragraph 66), the armed forces and groups have agreed to an “open door” policy in cooperation with the United Nations Operation in Côte d’Ivoire (UNOCI) whereby any allegations of the use of child soldiers can be immediately investigated with their full cooperation and with unrestricted access. According to the report of the Secretary-General, during the reporting period there was no substantiated evidence of the use of child soldiers by those parties. The Committee once again requests the Government to provide 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.

Clause (d). Children at special risk. Children orphaned by HIV/AIDS. In its previous comments, the Committee noted that, according to the information contained in the December 2008 Epidemiological Fact Sheet of the Joint United Nations Programme on HIV/AIDS (UNAIDS) and the World Health Organization (WHO), there were approximately 420,000 HIV/AIDS orphans in Côte d’Ivoire. It noted that a national programme for the care of orphans and other vulnerable children of HIV/AIDS (PNOEV) was being implemented and that a National Strategic Plan for 2006–10 had been adopted.

The Committee notes the Government’s indication that the issue of HIV/AIDS is a particular concern of the Government of Côte d’Ivoire. It notes in this regard that a ministry responsible for combating HIV/AIDS has been established with responsibility for the formulation and implementation of the PNOEV and the National Strategic Plan. The Committee notes that, according to the information contained in the Côte d’Ivoire’s national report of March 2010 submitted in the context of the follow-up to the Declaration of Commitment on HIV/AIDS (the UNGASS report), that the number of orphans and vulnerable children (OVCs) between 0 and 17 years of age who live in shelters and receive free external aid increased from 22.1 per cent in 2008 to 27.1 in 2009. Furthermore, among the results achieved in the context of the PNOEV in the years 2008–09, the report indicates that 116,500 OVCs have been taken into care at the national level, 1,580 social workers have been trained in caring for OVCs and a national database on OVCs has been developed. The Committee also notes that, according to the national report submitted by Côte d’Ivoire in accordance with paragraph 15(a) of the Annex to Human Rights Council Resolution 5/1 of 3 September 2009 (A/HRC/WG.6/6/CIV/1, paragraph 125), ten social care centres for OVCs are available within the country.

The Committee welcomes these measures for the care of OVCs. Nevertheless, it notes that, according to the UNGASS report, the number of orphans and children who are vulnerable due to HIV/AIDS is 430,000. Furthermore, the school attendance rate of orphans between the ages of 10 and 14 years fell between 2007 and 2009, declining from 62.4 per cent in 2007 to 35.7 per cent in 2009. The Committee expresses 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 urges the Government to renew its efforts to ensure that child HIV/AIDS orphans are not engaged in the worst forms of child labour. It requests the Government to continue providing information on the measures adopted and the results achieved in the context of the PNOEV, and particularly to ensure the access of OVCs to free basic education.

Clause (e). Taking account of the special situation of girls. The Committee previously noted that awareness-raising campaigns are conducted with a view to the school attendance of young girls in the northern and north-eastern zones where the school attendance rate of girls is low. It requested the Government to provide information on the measures taken, including in the context of the implementation of the ILO/IPEC/LUTRENA project, with a view to protecting girls from the worst forms of child labour.

The Committee notes the Government’s indication that the LUTRENA project accorded special situation to the situation of girls in the implementation of its activities by giving priority to vulnerable girls in the selection of beneficiaries. According to the Government’s report, girls represent 54 per cent of beneficiaries. Accordingly, 448 girls between the ages of 5 and 17 years out of 840 children were removed from the worst forms of child labour, of whom 19 were victims of trafficking. Noting that the LUTRENA project was completed on 31 March 2010, the Committee requests the Government to continue taking immediate and effective measures for the protection of girls from the worst forms of child labour, and requests it to continue providing information on the number of girls who benefit from these measures. It also once again requests the Government to indicate the specific rehabilitation and social integration measures taken to ensure the access of all girls to free basic education and to vocational training.

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Article 3 of the Convention. Worst forms of child labour. Further to its previous comments, the Committee notes with satisfaction the adoption of Act No. 2010-272 of 30 September 2010 prohibiting the trafficking and worst forms of child labour. It notes that section 4 of the Act prohibits the worst forms of child labour, which are defined in conformity with this provision of the Convention. The Committee requests the Government to provide information on the application in practice of Act No. 2010-272 of 30 September 2010, including statistics on the number and nature of the violations reported, investigations, prosecutions, convictions and penal sanctions applied.

Clause (a). Sale and trafficking of children. The Committee previously noted that sections 370 and 371 of the Penal Code criminalize the abduction of minors. However, it noted that, according to a study carried out by ILO/IPEC/LUTRENA in 2005 entitled “The trafficking of children for the exploitation of their work in the informal sector in Abidjan, Côte d’Ivoire”, these provisions are inadequate to combat the trafficking of children for economic exploitation as they only cover cases of the abduction of minors, whereas the internal or cross-border trafficking of children in Côte d’Ivoire is based on traditional networks for the placement of children and therefore occurs with the consent of the children’s parents or guardians.

In this respect, the Committee notes that sections 21 and 22 of Act No. 2010‑272 of 30 September 2010 establishes penalties ranging from 10 to 20 years of imprisonment. It also observes that, in accordance with sections 2 and 3, the Act applies to all children under 18 years of age residing or staying on the territory of Côte d’Ivoire.

The Committee notes that, according to the “Trafficking in persons report 2010 – Côte d’Ivoire”, published on the website of the United Nations High Commissioner for Refugees (www.unhcr.org), Côte d’Ivoire is primarily a country of destination for children and women subjected to trafficking in persons. Trafficking within the country’s borders is more prevalent, with victims primarily trafficked from the north of the country to the more economically prosperous south. The great majority of boys who are victims of trafficking are from Ghana, Mali, Burkina Faso, Benin and Togo and are exploited in the agricultural sector, particularly in cocoa plantations. Girls from Ghana and Nigeria are also exploited as domestic workers and for prostitution. While taking due note of the new legislative provisions which prohibit and penalize the sale and trafficking of children, the Committee observes that this worst form of labour is a problem in practice. Recalling that under the terms of Article 3(a) of the Convention, the sale and trafficking of children under 18 years of age for economic or sexual exploitation is one of the worst forms of child labour and that, under the terms of Article 1, immediate and effective measures shall be taken as a matter of urgency to secure the prohibition and elimination of this worst form of child labour, the Committee requests the Government to take the necessary measures to ensure in practice the protection of children under 18 years of age against sale and trafficking, in accordance with Act No. 2010-272 of 30 September 2010.

Articles 3(d) and 4(1). Hazardous work. Gold mines. In its previous comments, the Committee noted that child labour in mines is one of the 20 types of hazardous work covered by section 1 of Order No. 2250 of 14 March 2005 and is prohibited for children under 18 years of age. It observed that, although the legislation is in conformity with the Convention on this point, child labour in mines is a problem in practice.

The Committee notes the Government’s indication that many multinational enterprises are entering this sector and are provided with a list of conditions drawn up by the Ministry responsible for mining and energy, which prohibits the use of child workers. According to the Government, these companies do not employ children. However, the Government’s report indicates that the exploitation of child labour has been reported on mining sites under concession to private persons. It also notes that the Government and its development partners undertook awareness-raising campaigns while awaiting the application of Act No. 2010-272 of 30 September 2010. In this respect, the Committee observes that, under section 19 of this Act, persons who supervise or are in charge of a child and who cause the child to, or knowingly allow, the child to perform hazardous work may be liable to a penalty of up to five years of imprisonment. The Committee therefore requests the Government to take immediate and effective measures to bring an end to the practice of child labour in mines, in accordance with the prohibition set out in law.

Articles 5 and 7(1) of the Convention. Monitoring mechanisms and penalties. In its previous comments, the Committee noted that 14 persons had been arrested and imprisoned in 2008 for child trafficking and it requested the Government to provide the court decisions in their cases.

The Committee notes the Government’s indication that the 14 persons arrested and imprisoned in 2008 for the trafficking of children have not yet been convicted. It also notes the Government’s indication that the Sub-directorate to Combat the Trafficking of Children and Juvenile Delinquents of the national police organized several training workshops and seminars between 2006 and 2009 to strengthen the technical capacities of the officers and agents of the defence and security forces in relation to combating the trafficking and worst forms of child labour. According to the Government’s report, the major objective of these measures is to enable them to be more effective in the identification of child victims of trafficking and the worst forms of labour. The Committee accordingly notes that, between June 2006 and June 2009, the national police services identified and intercepted 321 child victims of trafficking, including 124 cases of trans-border trafficking.

However, the Committee notes that, according to the report on the trafficking of persons referred to above, the police in Côte d’Ivoire demonstrate a weak understanding of the trafficking of children. During raids on brothels, the police tend to consider children working there in voluntary prostitution rather than as potential victims of trafficking. Furthermore, no training to reinforce the capacities of the agents and law enforcement officers and immigration for the identification and treatment of victims of trafficking was provided during the period covered by the report. The report also indicates that only one person was convicted of the trafficking of children, namely a Nigerian woman who was convicted in May 2009 to a sentence of three years of imprisonment by the court of Daloa for exploiting two young girls for the purposes of prostitution. The report adds that on two occasions, in February and June 2009, child traffickers intercepted by the police managed to escape, thereby evading conviction. The Committee therefore urges the Government 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 provide any court rulings given against the traffickers imprisoned in 2008, as well as the ruling of May 2009 of the court of Daloa.

Article 6(1). Programmes of action to eliminate the worst forms of child labour. National Plan of Action to combat the trafficking and worst forms of child labour. The Committee notes the information provided by the Government in its report under the Minimum Age Convention, 1973 (No. 138), according to which a National Plan of Action (2007–09) to combat the trafficking and worst forms of child labour (National Plan of Action) was adopted in 2007. The objective of the National Plan of Action is reduce the incidence and, in due course, eradicate trafficking and other worst forms of child labour in Côte d’Ivoire. It is articulated around five strategic axes of intervention, aiming in particular to reinforce activities for the prevention and removal, reintegration and repatriation of child victims of trafficking and other worst forms of child labour, as well as the reinforcement of the human, material and structural capacities of the actors involved in the implementation of the Plan of Action. However, the Committee notes the Government’s indication that very few activities have been undertaken up to now that are directly related to the National Plan of Action due to the lack of financing. Furthermore, most of the action taken on the issue of child trafficking and child labour is focused on the cocoa sector, including the establishment of a system to monitor child labour in cocoa plantations (SSTE), covering several administrative departments of the production zone. Finally, the Committee observes that, according to the strategic document of the National Plan of Action, Phase I of the Plan, which was initially to have lasted for 18 months, has still not been implemented and the time frame for the envisaged activities has not been followed. The Committee urges the Government to take immediate and effective measures to ensure the implementation in practice of the National Plan of Action. It requests the Government to continue supplying information on its implementation, with an indication of the action taken and the results achieved, particularly with regard to the number of children working in the cocoa sector who are in practice removed from cocoa plantations, as well as the rehabilitation and social integration measures adopted for those children.

Article 7(2). Effective and time-bound measures. Clause (b). Removing children from the worst forms of child labour and ensuring their rehabilitation and social integration. Sale and trafficking of children. With reference to its previous comments, the Committee notes with interest the Government’s indication that, in the context of the implementation of the ILO/IPEC/LUTRENA project, the measures adopted have resulted in the removal and placement in school of 840 children aged between 5 and 17 years, of whom 44 were victims of trafficking, during the period covered by the report. Furthermore, around 200 persons who are active in combating the trafficking of children received training, including 30 members of volunteer host families on caring for and supporting child victims of trafficking. The LUTRENA project also provided support for the formulation of the National Plan of Action to combat trafficking and the worst forms of child labour. The Committee also notes the Government’s indication that 145 child victims of trafficking received support from the National Committee to Combat the Trafficking and Exploitation of Children (CNLTEE) in 2007, while the numbers were 46 in 2008 and 9 in 2009. While noting that the LUTRENA project was completed on 31 March 2010, the Committee strongly encourages the Government to continue taking immediate and effective measures for the removal of child victims of sale and trafficking, and requests it to continue providing information on the number of children who have in practice been removed from this worst form of child labour. The Committee also requests the Government to provide detailed information on the specific rehabilitation and social integration measures adopted to ensure the access of child victims of sale and trafficking to free basic education and vocational training.

Article 8. International cooperation. In its previous comments, the Committee noted that Côte d’Ivoire had signed the multilateral cooperation agreement of 27 July 2005 to combat the trafficking of children in West Africa, as well as the regional multilateral cooperation agreement to combat the trafficking of children in West and Central Africa in July 2006. The Committee previously requested additional information on the measures adopted for the implementation of these multilateral agreements.

The Committee notes the Government’s indication that the cooperation resulting from these agreements is only operational in the form of repatriation operations for child victims of trafficking. It also notes that this cooperation does not include the exchange of information intended to identify child trafficking networks and arrest the persons engaged in these networks. Furthermore, it notes from the 2010 report on trafficking that the Ministry of the Family, Women and Social Affairs undertook repatriation operations for 20 child victims of trafficking from Burkina Faso, Benin, Ghana and Togo during the period covered by the report. The Committee observes that a third follow-up meeting on the 2005 multilateral agreement was held in July 2008 in Niamey, Niger. In view of the prevalence of trans-border trafficking in the country, the Committee strongly encourages the Government to take concrete and effective measures for the implementation of the multinational agreements signed in 2005 and 2006, and particularly for the establishment of a system for the exchange of information to facilitate the identification of child trafficking networks and for the arrest of the persons engaged in those networks. It also requests the Government to provide information on the results of the third follow-up meeting held in Niamey in July 2008.

Part V of the report form. Application of the Convention in practice. The Committee previously noted that, according to a national survey of child labour conducted in 2005 in the country, it is estimated that 1.1 per cent of children between the ages of 5 and 17 years are victims of internal trafficking, while 10.4 per cent of child victims of trafficking are victims of trans-border trafficking, and that 52 per cent of them are from Burkina Faso and 31 per cent from Ghana. The towns most affected by trafficking are Bas Sassandra, Nzi, Comoé and Abidjan. It also noted that 17 per cent of economically active children are involved in hazardous types of work.

The Committee notes the Government’s indication that, according to the national survey conducted in 2002 on the situation of child labour in the cocoa sector, over 600,000 children between the ages of 6 and 17 years are involved in this type of production, among whom 127,000 are engaged in work that is considered to be hazardous. It further notes the Government’s indications that a survey on the living standards of households was conducted in 2008 (ENV 2008). The results of the survey have not yet been validated. However, the Committee observes that, according to the information supplied in the Government’s report under Convention No. 138, the results of the ENV 2008 survey show that two children out of 1,000 are victims of trafficking, and that 97.1 per cent of economically active children are engaged in activities that are harmful for their health. While taking due note of the adoption of the new legislative provisions prohibiting and penalizing the worst forms of child labour, the Committee observes that a large number of children are victims of trafficking and are engaged in hazardous activities and it therefore urges the Government to pursue its efforts to ensure the protection in practice of children against these worst forms of child labour. It also requests it to provide the statistics gathered in the context of the ENV 2008 survey as soon as the results have been validated. To the extent possible, all information provided should be disaggregated by sex and age.

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

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Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee previously noted that the national legislation does not contain any provision relating to the use, procuring or offering of a child for the production of pornography or for pornographic performances. It reminded the Government that, under the terms of Article 3(b) of the Convention, the use, procuring or offering of a child for the production of pornography or for pornographic performances constitutes one of the worst forms of child labour and that, by virtue of Article 1, immediate and effective measures must be taken to secure the prohibition and elimination of this worst form of child labour as a matter of urgency. The Committee notes that Government’s indication that measures have been taken to adopt a draft Act prohibiting the trafficking of children and the worst forms of child labour. The Committee expresses the hope that the draft Act prohibiting the trafficking of children and the worst forms of child labour will be adopted as a matter of urgency and will contain provisions prohibiting and penalizing the use, procuring, or offering of a child under 18 years of age for prostitution, the production of pornography or pornographic performances. It requests the Government to provide information on any new developments in this respect.

Clause (d). Hazardous work. Self-employed workers. The Committee previously noted that the Labour Code does not apply to young persons under 18 years of age without a contractual employment relationship who perform hazardous work. It further noted that, according to the information available to the Office, a considerable number of children work in the informal economy. The Committee notes that the Government has not supplied any information on this matter. It notes that, according to a 2006 UNICEF report on the trafficking of persons, particularly women and children, in West and Central Africa, 76 per cent of jobs occupied by children are in the informal economy. The Committee again requests the Government to indicate the manner in which the national legislation makes provision for young persons under 18 years of age to enjoy the protection provided for in Article 3(d) of the Convention, namely preventing their employment in work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals.

Article 5. Monitoring mechanisms. National Steering Committee. The Committee previously noted that, according to information on the LUTRENA project, a National Steering Committee has been set up to monitor activities related to child labour, particularly the trafficking of children. It notes the Government’s statement that, owing to certain constraints, the National Steering Committee has been unable to meet but measures have been taken with a view to making it operational and extending its mission to all initiatives combating the worst forms of child labour. The Committee requests the Government to supply information on the steps taken by the National Steering Committee to eliminate the worst forms of child labour.

Article 7, paragraph 2. Effective and time-bound measures. Clause (d). Children at special risk. Children orphaned by HIV/AIDS. With reference to its previous comments, the Committee notes that, according to the information contained in the December 2008 Epidemiological Fact Sheet of the Joint United Nations Programme on HIV/AIDS (UNAIDS) and the World Health Organization (WHO), there are approximately 420,000 HIV/AIDS orphans in Côte d’Ivoire. It also notes that, according to the information contained in the January 2008 report of Côte d’Ivoire on monitoring the implementation of the UNGASS Declaration of Commitment on HIV/AIDS, a National Programme for the care of orphans and other children at risk as a result of HIV/AIDS (PNOEV) has been implemented. This programme is responsible for coordinating care measures for orphans and vulnerable children. Furthermore, a National Strategic Plan for 2006–10 has been adopted. The Committee expresses concern at the high number of children who are victims of HIV/AIDS in the country and observes that the virus has a negative impact on orphans, who are at greater risk of becoming involved in the worst forms of child labour. The Committee therefore requests the Government to supply information on the specific time-bound measures taken, in the context of the PNOEV and the National Strategic Plan for 2006–10, to prevent children orphaned by HIV/AIDS from becoming victims of the worst forms of child labour.

Clause (e). Particular situation of girls. With reference to its previous comments, the Committee notes the Government’s indication that information campaigns have been conducted with regard to the school education of girls in the north and north-east of the country, where the school attendance rate for girls is low. The Committee requests the Government to supply information on the time-bound measures taken, particularly as part of the implementation of Phase V of the LUTRENA project, to protect girls from the worst forms of child labour, indicating in particular the number of girls removed from the worst forms of child labour. It also requests the Government to indicate the specific rehabilitation and social insertion measures taken to ensure access to free basic education and vocational training for all the girls referred to above.

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Article 3 and Article 7, paragraph 1, of the Convention. Clause (a). Sale and trafficking of children, and penalties. In its previous comments, the Committee noted that sections 370 and 371 of the Penal Code criminalize the abduction of minors. The Committee noted that, according to a study carried out by ILO–IPEC–LUTRENA in 2005 on the trafficking of children for the exploitation of their work in the informal sector in Abidjan, Côte d’Ivoire, these provisions are inadequate for combating the trafficking of children for economic exploitation as they only cover cases of the abduction of minors, whereas the internal or cross-border trafficking of children in Côte d’Ivoire is based on traditional networks for the placement of children and therefore occurs with the consent of the children’s parents or guardians. The Committee noted that a draft Act on the trafficking of children was adopted by the Council of Ministers in 2001 but had still not been put to the vote by the National Assembly.

The Committee notes that, according to a 2006 UNICEF report on the trafficking of persons, particularly women and children in West and Central Africa, Côte d’Ivoire is principally a country of destination. The vast majority of victims of trafficking in Côte d’Ivoire are exploited in plantations and gold mines. In Abidjan and Bouaké, girls originating in particular from Nigeria are subjected to sexual exploitation or are exploited as servants or street vendors. Moreover, according to UNICEF information for February 2007, approximately 200,000 children originating from Burkina Faso, Mali, Togo and also the north and centre of the country are working in cocoa plantations.

The Committee notes the Government’s indication that steps will be taken to adopt the Act prohibiting the trafficking of children and the worst forms of child labour. It also notes that, according to the Government, 14 persons were arrested and imprisoned in 2008 for the trafficking of children. The Committee expresses its serious concern at the scale of the phenomenon and the lack of regulation, which is one of the factors which favours the economic or sexual exploitation of children in the country. It reminds the Government that, under the terms of Article 3(a) of the Convention, the sale and trafficking of young persons under 18 years of age for economic or sexual exploitation are considered as the worst forms of child labour and that, under 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 expresses the firm hope that the draft Act prohibiting the trafficking of children and the worst forms of child labour will be adopted as a matter of urgency and requests the Government to supply information on any new developments in this respect. The Committee requests the Government to take the necessary steps to ensure the protection in practice of young persons under 18 years of age against the sale and trafficking of children, including through the conviction of perpetrators and the imposition of penalties which act as a sufficient deterrent. In view of the indication that a number of persons were arrested and imprisoned in 2008 for the trafficking of children, the Committee requests the Government to send copies of any court decisions that are issued.

Article 3(a). Forced recruitment of children for use in armed conflict. In its previous comments the Committee noted that, according to the report of United Nations Secretary-General of 9 February 2005 on children and armed conflict (A/59/695-S/2005/72, paragraphs 14 and 24), even though no precise information on the recruitment of children by armed groups had been obtained during the reporting period, children continued to be present in certain armed groups.

In this regard, the Committee notes with satisfaction that, according to the reports of the United Nations Secretary-General of 21 December 2007 (A/62/609‑S/2007/757, paragraphs 18 and 33–37) and 26 March 2009 (A/63/785/‑S/2009/159, paragraphs 35–38) on children and armed conflict, there has been no substantiated evidence of new cases of recruitment or use of children by armed forces or groups since October 2006. Since action plans were signed in October 2005 and September 2006, the Forces armées des forces nouvelles (now Forces de défense et de sécurité des Forces nouvelles (FDS-FN) and the four armed militia in Côte d’Ivoire – namely, Front pour la libération du Grand Ouest (FLGO), Mouvement ivoirien de libération de l’Ouest de la Côte d’Ivoire (MILOCI), Alliance patriotique de l’ethnie Wé (APWé) and Union patriotique de résistance du Grant Ouest (UPRGO) – have stopped recruiting children. Moreover, the Committee welcomes the removal of the parties to the conflict in Côte d’Ivoire from the list of organizations that recruit or use children in armed conflict, as listed in the appendix to the Secretary-General’s Report.

Article 3(d) and Article 4, paragraph 1. Hazardous work. Gold mines. The Committee previously noted that, according to the study carried out by
ILO–IPEC–LUTRENA in 2005 on the trafficking of children for exploitation in gold mines in Issia, Côte d’Ivoire, children are the victims of internal and cross‑border trafficking for economic exploitation in the gold mines of Issia. The Committee noted that child labour in mines is one of the 20 hazardous types of work covered by section 1 of Order No. 2250 of 14 March 2005 and is prohibited for young persons under 18 years of age. It also noted that, although the legislation is in conformity with the Convention on this point, child labour in mines is a problem in practice.

The Government indicates in its report that awareness campaigns for parents and employers in mines in Issia, Bouaflé and Yamoussoukro have been conducted. While noting this information, the Committee reminds the Government that, under the terms of Article 3(d) of the Convention, work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children, is considered to be one of the worst forms of child labour and must be prohibited for persons under 18 years of age. The Committee therefore requests the Government to intensify its efforts to ensure the effective application of the legislation on the protection of children against hazardous work, particularly hazardous work in mines. The Committee also requests it to supply information on the application of the national legislation regulating hazardous work in practice, including statistics on the number and nature of violations reported, investigations, prosecutions, convictions and penalties imposed.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes with interest the information supplied by the Government to the effect that the project relating to a system for monitoring child labour (SSTE‑Certification) has provided information for more than 7,000 people with regard to the worst forms of child labour and enabled the identification of some 1,300 who have been victims of child labour. These victims have been provided with school education.

Clause (b). Removing children from the worst forms of child labour and ensuring their rehabilitation and social integration. Sale and trafficking of children. With reference to its previous comments, the Committee notes with interest the Government’s information to the effect that, between 2004 and 2008, the project to combat the trafficking of children for the exploitation of their work in West and Central Africa (LUTRENA) has prevented more than 2,870 children falling victim to trafficking and enabled the removal of 642 children from this worst form of child labour. Furthermore, these children have been provided with schooling, either in the form of an apprenticeship or in informal schools. The Committee notes that the country is participating in phase V of the LUTRENA project. The Committee strongly encourages the Government to continue its efforts and requests it to provide information on the time-bound measures taken, as part of the implementation of phase V of LUTRENA, to remove children from sale and trafficking, indicating in particular the number of children actually removed from this worst form of child labour and the specific measures taken to ensure the rehabilitation and social integration of these children.

Recruitment and use of children in armed conflict. The Committee notes that, according to the report of the Special Representative of the Secretary‑General for Children and Armed Conflict of 6 August 2008 (A/63/227, paragraph 7), the armed forces and groups have taken coordinated steps to identify and release children associated with them with a view to ensuring their reintegration. The Committee requests the Government to supply 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 in the school system or in vocational training.

Article 8. International cooperation. The Committee previously noted that Côte d’Ivoire signed the multilateral cooperation agreement of 27 July 2005 to combat the trafficking of children in West Africa. It notes that the country also signed the regional multilateral cooperation agreement to combat the trafficking of children in West and Central Africa in July 2006. In view of the scale of cross‑border trafficking in the country, the Committee requests the Government to provide information on the measures taken to implement the multilateral agreements signed in 2005 and 2006, indicating in particular whether the exchange of information has enabled child trafficking networks to be identified and persons working in such networks to be arrested. Furthermore, the Committee requests the Government to state whether steps have been taken to identify and intercept child victims of trafficking in border regions and whether transit centres have been established.

Parts IV and V of the report form. Application of the Convention in practice. With reference to its previous comments, the Committee notes the statistics provided by the Government to the effect that, according to a national survey of child labour conducted in 2005, 1.1 per cent of children are victims of internal trafficking while 10.4 per cent are victims of cross-border trafficking, with 52 per cent originating from Burkina Faso and 31 per cent from Ghana. The cities most affected by trafficking are Bas Sassandra, NZI Comoé and Abidjan. In addition, 17 per cent of economically active children are involved in hazardous work. The Committee requests the Government to continue providing statistics on the number of child victims of trafficking as well as those involved in hazardous work.

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

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Debt bondage, serfdom and forced or compulsory labour. The Committee notes that article 3 of the Constitution prohibits slavery, forced labour and all forms of degradation of the human being. It also notes that section 3 of the Labour Code prohibits forced or compulsory labour. Furthermore, under section 378 of the Penal Code, penalties shall be imposed on any person who, exclusively to satisfy her or his personal interest, exacts work or service from another person for which she or he has not offered herself or himself willingly.

2. Forced recruitment of children for use in armed conflict. The Committee notes that the Government has not provided any information on this provision of the Convention. In the report of the Special Representative of the Secretary-General for Children and Armed Conflict of 7 September 2005 (A/60/335, paragraph 6), Côte d’Ivoire is reported as one of 11 countries, which also include Burundi, Colombia, Democratic Republic of the Congo, Myanmar, Nepal, Philippines, Somalia, Sri Lanka, Sudan and Uganda, in which grave violations against children have been documented. The Secretary-General of the United Nations, in his report on children and armed conflict of 9 February 2005 (A/59/695-S/2005/72, paragraphs 14 and 24), indicates that in the context of the Accra III Agreement, which was aimed at consolidating further the peace process in Côte d’Ivoire, the parties committed themselves to the commencement of the disarmament, demobilization and reintegration process by 15 October 2004. UNICEF established dialogue with the Forces armées nationales de Côte d’Ivoire (FANCI) and the Forces armées des forces nouvelles (FAFN). The dialogue resulted in the release of 273 child soldiers by the FAFN and the adoption of a declaration on 15 September 2003 in which the forces concerned undertook to halt the recruitment of children within their ranks and in those of allied militia groups under their control. However, the Secretary-General indicates that, although no specific and reliable information on recruitment by armed groups now integrated into the FAFN forces was obtained during the reporting period, children continue to be present in the ranks of the following armed groups: the Mouvement pour la justice et la paix (MPJ), the Mouvement populaire ivoirien pour le Grand Ouest (MPIGO) and the Mouvement patriotique de Côte d’Ivoire (MPCI). Furthermore, according to the United Nations High Commissioner for Refugees (UNHCR), children are members of the LIMA force supplétive, which operates alongside the FANCI.

The Committee notes that, according to information available to the Office, the Armed Forces Code of 7 September 1995 establishes the age of recruitment for military service for men and women at 18 years. It also notes that transborder cooperation mechanisms between peacekeeping missions have been established by the United Nations Operation in Côte d’Ivoire (UNOCI), among others with those in Sierra Leone and Liberia. It further observes that 120 children have been demobilized from the former free fighting forces, including a certain number from Côte d’Ivoire. Despite the action taken by the Government in this field, the Committee expresses concern at the current situation of children, who are still recruited for armed conflict in Côte d’Ivoire and in other countries, and by the possible consequences of these conflicts on children. Referring to resolution 1539, adopted by the Security Council on 22 April 2004, in which it calls on the parties “to halt immediately their recruitment or use of children” in armed conflict in violation of the applicable international law, the Committee requests the Government to provide information on the measures taken to prevent young persons under 18 years of age from being forced to participate in armed conflict either in the national forces or in rebel groups, and to provide information on any new measure adopted for this purpose. It also requests the Government to provide a copy of the Armed Forces Code of 7 September 1995.

Clause (b). The use, procuring or offering of a child for prostitution. The Committee notes that sections 335 and 336 of the Penal Code establish penalties for any person who is found guilty of procuring, that is a person who, in any manner whatsoever, knowingly helps, assists or protects the prostitution of another person or procuring with a view to prostitution. Heavier penalties are established where the offence committed involves a person under 21 years of age. The Committee also notes that section 337 of the Penal Code establishes penalties for any person who encourages or facilitates the debauchery or corruption of young persons of either sex under the age of 18 years.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes that the national legislation does not appear to contain a provision relating to the use, procuring or offering of a child for the production of pornography or for pornographic performances. It reminds the Government that, under the terms of Article 3(b) of the Convention, the use, procuring or offering of a child for the production of pornography or for pornographic performances constitutes one of the worst forms of child labour and that, by virtue of Article 1, immediate and effective measures have to be taken to secure the prohibition and elimination of this worst form of child labour as a matter of urgency. The Committee requests the Government to provide information on the measures taken or envisaged to prohibit the use, procuring or offering of a young person under 18 years of age for prostitution, for the production of pornography or for pornographic performances, so as to bring the national legislation into conformity with the Convention. Furthermore, the Committee requests the Government to establish penalties for this purpose.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee notes the information provided by the Government that section 2 of Act No. 88-686 of 22 July 1988 repressing the trafficking and illicit use of drugs, psychotropic substances and venomous substances prohibits the use of young persons under 21 years of age in operations that are in contravention of the regulations on the import, production, prescription, manufacture, extraction, preparation, cultivation, export, pushing, transmission by post or transit of drugs and psychotropic substances.

Clause (d). Hazardous work. Own account workers. The Committee notes that, by virtue of section 1, the Labour Code governs relations between employers and workers derived from contracts of employment concluded to be carried out on the territory of the Republic of Côte d’Ivoire. It also notes that, by virtue of section 2 of the Code, any person shall be considered a worker or employee who, irrespective of his or her sex, race or nationality, has undertaken to place her or his professional activity, in return for remuneration, under the direction and authority of another person or entity, public or private, known as the employer. The Committee observes that, under the terms of these provisions, the Labour Code does not apply to young persons under 18 years of age without a contractual employment relationship who perform hazardous work. Moreover, it notes that, according to the information available to the Office, a considerable number of children work in the informal economy. The Committee requests the Government to indicate the manner in which the national legislation ensures that these young persons under 18 years of age benefit from the protection envisaged in Article 3(d) of the Convention, namely not to be engaged in work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals.

Article 4, paragraphs 1 and 3. Determination and revision of the list of hazardous types of work. The Committee notes that section 1 of Order No. 2250 of 14 March 2005 establishes a list of 20 types of hazardous work which are prohibited for young persons under 18 years of age in the agricultural, forestry, mining, commercial, urban, domestic, craft and transport sectors. The Committee also notes the information provided by the Government that, when determining this list of hazardous types of work, consultations were held with the various ministries responsible for agriculture and forestry, mines, trade and services, transport and crafts. Furthermore, two workshops were convened in which organizations of employers and workers participated. The Committee notes that, by virtue of section 2 of Order No. 2250, the list of hazardous types of work contained in section 1 shall, where necessary, be revised each year.

Article 4, paragraph 2. Identification of where hazardous types of work exist. The Committee notes that the Government has not provided any information concerning this paragraph. However, it notes that, in the context of the implementation of the National Plan of Action against Child Labour, adopted by the Government in May 2005, it is planned to establish a map of the incidence of child labour in Côte d’Ivoire. The Committee therefore hopes that the Government will, in consultation with employers’ and workers’ organizations, identify where the hazardous types of work so determined exist, in accordance with this provision of the Convention. It requests the Government to provide information on this matter in its next report.

Article 5. Monitoring mechanisms. The Committee notes that sections 91.2 to 91.10 of the Labour Code establish the responsibilities of inspectors of labour and labour legislation. The Committee requests the Government to provide information on the duties of labour and social insurance inspectors, particularly with regard to the worst forms of child labour, for example by providing extracts of reports or documents. As Article 3(a) to (c) of the Convention concern criminal offences, the Committee also requests the Government to indicate whether monitoring mechanisms, in addition to those of the labour and social insurance administration, have been established to monitor the implementation of these provisions of the Convention.

Article 7, paragraph 1. Penalties. The Committee notes that sections 335, 336, 337 to 378 of the Penal Code establish penalties for any person found guilty of offences related to prostitution, such as procuring or inciting a young person to debauchery, as well as forced labour. It also notes that Act No. 88-686 of 22 July 1988 repressing the trafficking and illicit use of drugs, psychotropic substances and venomous substances penalizes the use of a young person for any activity related to drugs. The Committee requests the Government to provide information on the application of these penalties in practice.

With regard to hazardous work, the Committee notes that Order No. 2250 of 14 March 2005 determining the list of hazardous types of work prohibited for young persons under 18 years of age does not establish penalties for cases of failure to comply with its provisions. It reminds the Government that under this provision of the Convention measures shall be taken to ensure the effective implementation and enforcement of the provisions giving effect to it, including the provision and application of penal sanctions or, as appropriate, other sanctions. The Committee requests the Government to establish sufficiently effective and dissuasive penalties to permit legal action to be taken against persons who engage young persons under 18 years of age in hazardous work. It requests the Government to provide information on this subject.

Paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. National Plan of Action, 2005. The Committee notes that, in the context of the National Plan of Action against Child Labour adopted in 2005, activities to strengthen prevention are intended to reduce the effect of the three principal factors facilitating child labour, namely culture, the economy and school failure, and therefore to reduce the arrival of a new influx of children onto the labour market. The Committee requests the Government to provide information on the implementation of the National Plan of Action against Child Labour in terms of the measures adopted to prevent young persons under 18 years of age from being engaged in the worst forms of child labour and on the results achieved.

Clause (b). Removal of children from the worst forms of child labour. National Plan of Action, 2005. The Committee notes that the National Plan of Action against Child Labour envisages measures for the removal, reintegration or repatriation of children who are victims of the worst forms of child labour. It requests the Government to provide information on the number of young persons under 18 years of age who are, in practice, removed from the worst forms of child labour. The Committee also requests the Government to provide information on the measures adopted for the rehabilitation and social integration of these children.

Clause (d). Children at special risk. HIV/AIDS. The Committee notes that, according to the information contained in the Epidemiological Fact Sheet of the Joint United Nations Programme on HIV/AIDS (UNAIDS) and the World Health Organization (WHO), there are around 310,000 HIV/AIDS orphans in Côte d’Ivoire. It also notes that the Government is currently preparing a national strategic plan for 2006–10. The Committee observes that HIV/AIDS has an impact on orphans, who are at greater risk of being engaged in the worst forms of child labour. The Committee requests the Government to spare no effort to reduce the incidence of HIV/AIDS by preventing its transmission within the population and to provide information on the specific time-bound measures adopted to protect HIV/AIDS orphans from being engaged in the worst forms of child labour.

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The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 3(a) of the Convention. All forms of slavery or practices similar to slavery. Sale and trafficking of children.  Informal sector. In its comments under Convention No. 29, the Committee referred to allegations of the trafficking of children for economic exploitation and a widespread practice under which migrant workers, including children, particularly from Mali and Burkina Faso, are forced to work in plantations, particularly cocoa plantations, against their will.

The Committee noted that section 370 of the Penal Code provides that any person who, by means of fraud or violence, abducts minors from where they have been placed by those in authority or under whose direction they have been consigned shall be liable to sanctions. If the abducted minor is under 15 years of age, the maximum penalty is imposed. It also noted that under section 371 of the Penal Code, the abduction or attempted abduction of a young person under 18 years of age is an offence. However, this provision is not applicable in cases where the abducted minor marries the person responsible for the abduction, unless the marriage is annulled. The Committee noted that, in the absence of specific legislation prohibiting the trafficking of children, these two provisions of the Labour Code constitute legal tools to combat the trafficking of children in Côte d’Ivoire. However, it noted that, according to the study carried out by ILO/IPEC/LUTRENA in 2005 on the trafficking of children for their exploitation in work in the informal sector in Abidjan, Côte d’Ivoire, these provisions are ill adapted to combating the trafficking of children for economic exploitation as they only cover cases of the abduction of minors, whereas the internal or transborder trafficking of children in Côte d’Ivoire is based on traditional networks for the placement of children and therefore occurs with the consent of the children’s parents or guardians.

The Committee noted that, on 1 September 2000, the Governments of Côte d’Ivoire and Mali signed a bilateral cooperation agreement to combat the transborder trafficking of children. It also noted with interest that the Governments of Benin, Burkina Faso, Côte d’Ivoire, Guinea, Liberia, Mali, Niger, Nigeria and Togo, on 27 July 2005, signed a multilateral cooperation agreement to combat the trafficking of children in West Africa. Furthermore, Côte d’Ivoire is one of the nine West African countries, in addition to Benin, Burkina Faso, Cameroon, Gabon, Ghana, Mali, Nigeria and Togo, which are participating in the Subregional Programme Combating the Trafficking in Children for Labour Exploitation in West and Central Africa (LUTRENA), which commenced in July 2001 with the collaboration of ILO/IPEC. One of the objectives of the LUTRENA programme is to strengthen national legislation to combat the trafficking of children with a view to the effective harmonization of legislation prohibiting trafficking. In this respect, the Committee noted that, according to the information available to the Office, a Bill on the trafficking of children was adopted by the Council of Ministers in 2001, but has still not been put to the vote by the National Assembly.

The Committee noted the efforts that have been made by Côte d’Ivoire for a number of years to combat the trafficking of children, but regretted that the Bill referred to above has not yet been put to the vote by the National Assembly. In practice, this weakness of the legal framework is one of the factors facilitating the economic exploitation of children. The Committee nevertheless noted that the strengthening of the legal framework relating to child labour, and particularly the sale and trafficking of children for economic exploitation, is one of the specific objectives of the National Plan of Action against Child Labour adopted by the Government in 2005. The Committee requests the Government to take the necessary measures for the adoption of the Bill on the trafficking of children in the near future.

Article 3(d) and Article 4, paragraph 1. Hazardous work. Gold mines. The Committee noted that, according to the study carried out by ILO/IPEC/LUTRENA in 2005 on the trafficking of children for exploitation in gold mines in Issia, Côte d’Ivoire, children are the victims of internal and transborder trafficking for economic exploitation in the gold mines of Issia. The Committee noted that child labour in mines is one of the 20 hazardous types of work covered by section 1 of Order No. 2250 of 14 March 2005 and is prohibited for young persons under 18 years of age. The Committee also noted that, when this list of hazardous types of work was defined, the various ministries responsible for agriculture and forestry, mines, trade and services, transport and crafts, and the social partners, were consulted. It also noted that Côte d’Ivoire participates in the internal system for the certification of diamonds established by the Kimberley Process. The Committee reminds the Government that, under the terms of Article 3(d) of the Convention, work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children, is considered to be one of the worst forms of child labour and must be prohibited for persons under 18 years of age. Although the legislation is in conformity with the Convention on this point, child labour in mines is a problem in practice. The Committee therefore requests the Government to redouble its efforts to secure the effective application of the legislation on the protection of children against hazardous work, and particularly hazardous work in mines.

Article 5. Monitoring mechanisms. National Steering Committee. The Committee noted that, according to information concerning the IPEC/LUTRENA programme, a National Steering Committee has been established and will monitor activities relating to child labour, and particularly the trafficking of children. The Committee requests the Government to provide information on the activities of the National Steering Committee, for example by supplying extracts of reports or documents.

Article 6. Programmes of action. ILO/IPEC regional programme to combat child labour in cocoa plantations in Western and Central Africa (WACAP). The Committee noted that Côte d’Ivoire is participating in the ILO/IPEC regional programme to combat child labour in cocoa plantations in Western and Central Africa (WACAP), which also includes Cameroon, Ghana, Guinea and Nigeria. In this respect, the Committee noted that, according to information available to the Office, over 5,000 children have been removed from cocoa plantations in Côte d’Ivoire and have benefited from school attendance and training programmes. It also noted that around 1,100 children have been prevented from working in cocoa plantations. The Committee requests the Government to continue providing information on the number of children who are, in practice, removed from cocoa plantations, and the measures taken for their rehabilitation and social integration. It also requests the Government to provide information on the number of children who are prevented from being engaged in these plantations.

Article 7, paragraph 2. Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and assisting in the removal of children from the worst forms of child labour. The Committee noted that, according to information on the IPEC/LUTRENA project available to the Office, nearly 200 child victims of trafficking have been prevented from being the victims of trafficking or removed from this worst form of child labour. The Committee requests the Government to provide information on the impact of the IPEC/LUTRENA project in Côte d’Ivoire, particularly in terms of the number of children prevented from being the victims of trafficking and the number of child victims removed from this worst form of child labour. It also requests the Government to provide information on the measures taken for the rehabilitation and social integration of these children.

Clause (c). Ensuring access to free basic education and vocational training for all children removed from the worst forms of child labour. The Committee requests the Government to provide information on the measures taken in the framework of the ILO/IPEC/LUTRENA project to ensure that child victims of trafficking who have been removed from this worst form of child labour have access to free basic education and vocational training.

Clause (e). Taking account of the special situation of girls. According to the information available to the Office, the measures taken by the Government to combat child labour and the worst forms of child labour do not properly take into account the special situation of girls. The Committee drew the Government’s attention to the fact that over 50 per cent of the children concerned in the LUTRENA project are girls. It therefore requests the Government to provide information on the measures adopted in practice to take account of the situation of girls in the context of its action to combat the worst forms of child labour.

Article 8. International cooperation. The Committee noted that Côte d’Ivoire is a member of Interpol, the organization which assists in cooperation between countries in the various regions, particularly to combat the trafficking of children. It also noted that, in the context of the multilateral cooperation agreement to combat the trafficking of children in West Africa of 27 July 2005, the signatory States undertook to adopt measures to prevent the trafficking of children, mobilize the necessary resources to combat this practice, exchange detailed information on the victims and those responsible for violations, bring criminal charges and punish any action to facilitate the trafficking of children, develop specific programmes of action and establish a national monitoring and coordination committee. The Committee requests the Government to provide information on the measures adopted to give effect to the multilateral agreement signed in 2005, particularly in cases where the exchange of information provides a basis for identifying child trafficking networks and arresting the persons working in such networks. The Committee also requests the Government to indicate whether measures have been taken to identify and intercept child victims of trafficking in border regions and whether transit centres have been established.

Parts IV and V of the report form. Application of the Convention in practice. The Committee noted the decisions handed down by courts in Côte d’Ivoire sentencing persons charged with the trafficking of children. It also noted that SIMPOC and LUTRENA have conducted a national survey covering, among other subjects, the scope of the worst forms of child labour and the trafficking of children. The Committee requests the Government to provide information on this survey, including statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported and penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex.

A request relating to other points is also being addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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The Committee notes the Government’s first report. It notes with interest the adoption of Order No. 2250 of 14 March 2005 determining the list of hazardous types of work prohibited for young persons under 18 years of age [hereinafter Order No. 2250 of 14 March 2005].

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Debt bondage, serfdom and forced or compulsory labour. The Committee notes that article 3 of the Constitution prohibits slavery, forced labour and all forms of degradation of the human being. It also notes that section 3 of the Labour Code prohibits forced or compulsory labour. Furthermore, under section 378 of the Penal Code, penalties shall be imposed on any person who, exclusively to satisfy her or his personal interest, exacts work or service from another person for which she or he has not offered herself or himself willingly.

2. Forced recruitment of children for use in armed conflict. The Committee notes that the Government has not provided any information on this provision of the Convention. In the report of the Special Representative of the Secretary-General for Children and Armed Conflict of 7 September 2005 (A/60/335, paragraph 6), Côte d’Ivoire is reported as one of 11 countries, which also include Burundi, Colombia, Democratic Republic of the Congo, Myanmar, Nepal, Philippines, Somalia, Sri Lanka, Sudan and Uganda, in which grave violations against children have been documented. The Secretary-General of the United Nations, in his report on children and armed conflict of 9 February 2005 (A/59/695-S/2005/72, paragraphs 14 and 24), indicates that in the context of the Accra III Agreement, which was aimed at consolidating further the peace process in Côte d’Ivoire, the parties committed themselves to the commencement of the disarmament, demobilization and reintegration process by 15 October 2004. UNICEF established dialogue with the Forces armées nationales de Côte d’Ivoire (FANCI) and the Forces armées des forces nouvelles (FAFN). The dialogue resulted in the release of 273 child soldiers by the FAFN and the adoption of a declaration on 15 September 2003 in which the forces concerned undertook to halt the recruitment of children within their ranks and in those of allied militia groups under their control. However, the Secretary-General indicates that, although no specific and reliable information on recruitment by armed groups now integrated into the FAFN forces was obtained during the reporting period, children continue to be present in the ranks of the following armed groups: the Mouvement pour la justice et la paix (MPJ), the Mouvement populaire ivoirien pour le Grand Ouest (MPIGO) and the Mouvement patriotique de Côte d’Ivoire (MPCI). Furthermore, according to the United Nations High Commissioner for Refugees (UNHCR), children are members of the LIMA force supplétive, which operates alongside the FANCI.

The Committee notes that, according to information available to the Office, the Armed Forces Code of 7 September 1995 establishes the age of recruitment for military service for men and women at 18 years. It also notes that transborder cooperation mechanisms between peacekeeping missions have been established by the United Nations Operation in Côte d’Ivoire (UNOCI), among others with those in Sierra Leone and Liberia. It further observes that 120 children have been demobilized from the former free fighting forces, including a certain number from Côte d’Ivoire. Despite the action taken by the Government in this field, the Committee expresses concern at the current situation of children, who are still recruited for armed conflict in Côte d’Ivoire and in other countries, and by the possible consequences of these conflicts on children. Referring to resolution 1539, adopted by the Security Council on 22 April 2004, in which it calls on the parties “to halt immediately their recruitment or use of children” in armed conflict in violation of the applicable international law, the Committee requests the Government to provide information on the measures taken to prevent young persons under 18 years of age from being forced to participate in armed conflict either in the national forces or in rebel groups, and to provide information on any new measure adopted for this purpose. It also requests the Government to provide a copy of the Armed Forces Code of 7 September 1995.

Clause (b). The use, procuring or offering of a child for prostitution. The Committee notes that sections 335 and 336 of the Penal Code establish penalties for any person who is found guilty of procuring, that is a person who, in any manner whatsoever, knowingly helps, assists or protects the prostitution of another person or procuring with a view to prostitution. Heavier penalties are established where the offence committed involves a person under 21 years of age. The Committee also notes that section 337 of the Penal Code establishes penalties for any person who encourages or facilitates the debauchery or corruption of young persons of either sex under the age of 18 years.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes that the national legislation does not appear to contain a provision relating to the use, procuring or offering of a child for the production of pornography or for pornographic performances. It reminds the Government that, under the terms of Article 3(b) of the Convention, the use, procuring or offering of a child for the production of pornography or for pornographic performances constitutes one of the worst forms of child labour and that, by virtue of Article 1, immediate and effective measures have to be taken to secure the prohibition and elimination of this worst form of child labour as a matter of urgency. The Committee requests the Government to provide information on the measures taken or envisaged to prohibit the use, procuring or offering of a young person under 18 years of age for prostitution, for the production of pornography or for pornographic performances, so as to bring the national legislation into conformity with the Convention. Furthermore, the Committee requests the Government to establish penalties for this purpose.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee notes the information provided by the Government that section 2 of Act No. 88-686 of 22 July 1988 repressing the trafficking and illicit use of drugs, psychotropic substances and venomous substances prohibits the use of young persons under 21 years of age in operations that are in contravention of the regulations on the import, production, prescription, manufacture, extraction, preparation, cultivation, export, pushing, transmission by post or transit of drugs and psychotropic substances.

Clause (d). Hazardous work. Own account workers. The Committee notes that, by virtue of section 1, the Labour Code governs relations between employers and workers derived from contracts of employment concluded to be carried out on the territory of the Republic of Côte d’Ivoire. It also notes that, by virtue of section 2 of the Code, any person shall be considered a worker or employee who, irrespective of his or her sex, race or nationality, has undertaken to place her or his professional activity, in return for remuneration, under the direction and authority of another person or entity, public or private, known as the employer. The Committee observes that, under the terms of these provisions, the Labour Code does not apply to young persons under 18 years of age without a contractual employment relationship who perform hazardous work. Moreover, it notes that, according to the information available to the Office, a considerable number of children work in the informal economy. The Committee requests the Government to indicate the manner in which the national legislation ensures that these young persons under 18 years of age benefit from the protection envisaged in Article 3(d) of the Convention, namely not to be engaged in work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals.

Article 4, paragraphs 1 and 3. Determination and revision of the list of hazardous types of work. The Committee notes that section 1 of Order No. 2250 of 14 March 2005 establishes a list of 20 types of hazardous work which are prohibited for young persons under 18 years of age in the agricultural, forestry, mining, commercial, urban, domestic, craft and transport sectors. The Committee also notes the information provided by the Government that, when determining this list of hazardous types of work, consultations were held with the various ministries responsible for agriculture and forestry, mines, trade and services, transport and crafts. Furthermore, two workshops were convened in which organizations of employers and workers participated. The Committee notes that, by virtue of section 2 of Order No. 2250, the list of hazardous types of work contained in section 1 shall, where necessary, be revised each year.

Article 4, paragraph 2. Identification of where hazardous types of work exist. The Committee notes that the Government has not provided any information concerning this paragraph. However, it notes that, in the context of the implementation of the National Plan of Action against Child Labour, adopted by the Government in May 2005, it is planned to establish a map of the incidence of child labour in Côte d’Ivoire. The Committee therefore hopes that the Government will, in consultation with employers’ and workers’ organizations, identify where the hazardous types of work so determined exist, in accordance with this provision of the Convention. It requests the Government to provide information on this matter in its next report.

Article 5. Monitoring mechanisms. The Committee notes that sections 91.2 to 91.10 of the Labour Code establish the responsibilities of inspectors of labour and labour legislation. The Committee requests the Government to provide information on the duties of labour and social insurance inspectors, particularly with regard to the worst forms of child labour, for example by providing extracts of reports or documents. As Article 3(a) to (c) of the Convention concern criminal offences, the Committee also requests the Government to indicate whether monitoring mechanisms, in addition to those of the labour and social insurance administration, have been established to monitor the implementation of these provisions of the Convention.

Article 7, paragraph 1. Penalties. The Committee notes that sections 335, 336, 337 to 378 of the Penal Code establish penalties for any person found guilty of offences related to prostitution, such as procuring or inciting a young person to debauchery, as well as forced labour. It also notes that Act No. 88-686 of 22 July 1988 repressing the trafficking and illicit use of drugs, psychotropic substances and venomous substances penalizes the use of a young person for any activity related to drugs. The Committee requests the Government to provide information on the application of these penalties in practice.

With regard to hazardous work, the Committee notes that Order No. 2250 of 14 March 2005 determining the list of hazardous types of work prohibited for young persons under 18 years of age does not establish penalties for cases of failure to comply with its provisions. It reminds the Government that under this provision of the Convention measures shall be taken to ensure the effective implementation and enforcement of the provisions giving effect to it, including the provision and application of penal sanctions or, as appropriate, other sanctions. The Committee requests the Government to establish sufficiently effective and dissuasive penalties to permit legal action to be taken against persons who engage young persons under 18 years of age in hazardous work. It requests the Government to provide information on this subject.

Paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. National Plan of Action, 2005. The Committee notes that, in the context of the National Plan of Action against Child Labour adopted in 2005, activities to strengthen prevention are intended to reduce the effect of the three principal factors facilitating child labour, namely culture, the economy and school failure, and therefore to reduce the arrival of a new influx of children onto the labour market. The Committee requests the Government to provide information on the implementation of the National Plan of Action against Child Labour in terms of the measures adopted to prevent young persons under 18 years of age from being engaged in the worst forms of child labour and on the results achieved.

Clause (b). Removal of children from the worst forms of child labour. National Plan of Action, 2005. The Committee notes that the National Plan of Action against Child Labour envisages measures for the removal, reintegration or repatriation of children who are victims of the worst forms of child labour. It requests the Government to provide information on the number of young persons under 18 years of age who are, in practice, removed from the worst forms of child labour. The Committee also requests the Government to provide information on the measures adopted for the rehabilitation and social integration of these children.

Clause (d). Children at special risk. HIV/AIDS. The Committee notes that, according to the information contained in the Epidemiological Fact Sheet of the Joint United Nations Programme on HIV/AIDS (UNAIDS) and the World Health Organization (WHO), there are around 310,000 HIV/AIDS orphans in Côte d’Ivoire. It also notes that the Government is currently preparing a national strategic plan for 2006-10. The Committee observes that HIV/AIDS has an impact on orphans, who are at greater risk of being engaged in the worst forms of child labour. The Committee requests the Government to spare no effort to reduce the incidence of HIV/AIDS by preventing its transmission within the population and to provide information on the specific time-bound measures adopted to protect HIV/AIDS orphans from being engaged in the worst forms of child labour.

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The Committee notes the Government’s first and second reports. With reference to the comments made under the Forced Labour Convention, 1930 (No. 29), as well as to Article 3(a) of Convention No. 182, which provides that the term “the worst forms of child labour” comprises all forms of slavery or practices similar to slavery, such as the sale and trafficking of children for economic exploitation, the Committee considers that this issue may be examined more specifically in the context of Convention No. 182. It therefore requests the Government to provide information on the following points.

Article 3(a). All forms of slavery or practices similar to slavery. Sale and trafficking of children.  Informal sector. In its comments under Convention No. 29, the Committee referred to allegations of the trafficking of children for economic exploitation and a widespread practice under which migrant workers, including children, particularly from Mali and Burkina Faso, are forced to work in plantations, particularly cocoa plantations, against their will.

The Committee notes that section 370 of the Penal Code provides that any person who, by means of fraud or violence, abducts minors from where they have been placed by those in authority or under whose direction they have been consigned shall be liable to sanctions. If the abducted minor is under 15 years of age, the maximum penalty is imposed. It also notes that under section 371 of the Penal Code, the abduction or attempted abduction of a young person under 18 years of age is an offence. However, this provision is not applicable in cases where the abducted minor marries the person responsible for the abduction, unless the marriage is annulled. The Committee notes that, in the absence of specific legislation prohibiting the trafficking of children, these two provisions of the Labour Code constitute legal tools to combat the trafficking of children in Côte d’Ivoire. However, it notes that, according to the study carried out by ILO/IPEC/LUTRENA in 2005 on the trafficking of children for their exploitation in work in the informal sector in Abidjan, Côte d’Ivoire, these provisions are ill adapted to combating the trafficking of children for economic exploitation as they only cover cases of the abduction of minors, whereas the internal or transborder trafficking of children in Côte d’Ivoire is based on traditional networks for the placement of children and therefore occurs with the consent of the children’s parents or guardians.

The Committee notes that, on 1 September 2000, the Governments of Côte d’Ivoire and Mali signed a bilateral cooperation agreement to combat the transborder trafficking of children. It also notes with interest that the Governments of Benin, Burkina Faso, Côte d’Ivoire, Guinea, Liberia, Mali, Niger, Nigeria and Togo, on 27 July 2005, signed a multilateral cooperation agreement to combat the trafficking of children in West Africa. Furthermore, Côte d’Ivoire is one of the nine West African countries, in addition to Benin, Burkina Faso, Cameroon, Gabon, Ghana, Mali, Nigeria and Togo, which are participating in the Subregional Programme Combating the Trafficking in Children for Labour Exploitation in West and Central Africa (LUTRENA), which commenced in July 2001 with the collaboration of ILO/IPEC. One of the objectives of the LUTRENA programme is to strengthen national legislation to combat the trafficking of children with a view to the effective harmonization of legislation prohibiting trafficking. In this respect, the Committee notes that, according to the information available to the Office, a Bill on the trafficking of children was adopted by the Council of Ministers in 2001, but has still not been put to the vote by the National Assembly.

The Committee notes the efforts that have been made by Côte d’Ivoire for a number of years to combat the trafficking of children, but regrets that the Bill referred to above has not yet been put to the vote by the National Assembly. In practice, this weakness of the legal framework is one of the factors facilitating the economic exploitation of children. The Committee nevertheless notes that the strengthening of the legal framework relating to child labour, and particularly the sale and trafficking of children for economic exploitation, is one of the specific objectives of the National Plan of Action against Child Labour adopted by the Government in 2005. The Committee requests the Government to take the necessary measures for the adoption of the Bill on the trafficking of children in the near future.

Article 3(d) and Article 4, paragraph 1. Hazardous work. Gold mines. The Committee notes that, according to the study carried out by ILO/IPEC/LUTRENA in 2005 on the trafficking of children for exploitation in gold mines in Issia, Côte d’Ivoire, children are the victims of internal and transborder trafficking for economic exploitation in the gold mines of Issia. The Committee notes that child labour in mines is one of the 20 hazardous types of work covered by section 1 of Order No. 2250 of 14 March 2005 and is prohibited for young persons under 18 years of age. The Committee also notes that, when this list of hazardous types of work was defined, the various ministries responsible for agriculture and forestry, mines, trade and services, transport and crafts, and the social partners, were consulted. It also notes that Côte d’Ivoire participates in the internal system for the certification of diamonds established by the Kimberley Process. The Committee reminds the Government that, under the terms of Article 3(d) of the Convention, work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children, is considered to be one of the worst forms of child labour and must be prohibited for persons under 18 years of age. Although the legislation is in conformity with the Convention on this point, child labour in mines is a problem in practice. The Committee therefore requests the Government to redouble its efforts to secure the effective application of the legislation on the protection of children against hazardous work, and particularly hazardous work in mines.

Article 5. Monitoring mechanisms. National Steering Committee. The Committee notes that, according to information concerning the IPEC/LUTRENA programme, a National Steering Committee has been established and will monitor activities relating to child labour, and particularly the trafficking of children. The Committee requests the Government to provide information on the activities of this new Committee, for example by supplying extracts of reports or documents.

Article 6. Programmes of action. ILO/IPEC regional programme to combat child labour in cocoa plantations in Western and Central Africa (WACAP). The Committee notes that Côte d’Ivoire is participating in the ILO/IPEC regional programme to combat child labour in cocoa plantations in Western and Central Africa (WACAP), which also includes Cameroon, Ghana, Guinea and Nigeria. In this respect, the Committee notes that, according to information available to the Office, over 5,000 children have been removed from cocoa plantations in Côte d’Ivoire and have benefited from school attendance and training programmes. It also notes that around 1,100 children have been prevented from working in cocoa plantations. The Committee requests the Government to continue providing information on the number of children who are, in practice, removed from cocoa plantations, and the measures taken for their rehabilitation and social integration. It also requests the Government to provide information on the number of children who are prevented from being engaged in these plantations.

Article 7, paragraph 2. Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and assisting in the removal of children from the worst forms of child labour. The Committee notes that, according to information on the IPEC/LUTRENA project available to the Office, nearly 200 child victims of trafficking have been prevented from being the victims of trafficking or removed from this worst form of child labour. The Committee requests the Government to provide information on the impact of the IPEC/LUTRENA project in Côte d’Ivoire, particularly in terms of the number of children prevented from being the victims of trafficking and the number of child victims removed from this worst form of child labour. It also requests the Government to provide information on the measures taken for the rehabilitation and social integration of these children.

Clause (c). Ensuring access to free basic education and vocational training for all children removed from the worst forms of child labour. The Committee requests the Government to provide information on the measures taken in the framework of the ILO/IPEC/LUTRENA project to ensure that child victims of trafficking who have been removed from this worst form of child labour have access to free basic education and vocational training.

Clause (e). Taking account of the special situation of girls. According to the information available to the Office, the measures taken by the Government to combat child labour and the worst forms of child labour do not properly take into account the special situation of girls. The Committee draws the Government’s attention to the fact that over 50 per cent of the children concerned in the LUTRENA project are girls. It therefore requests the Government to provide information on the measures adopted in practice to take account of the situation of girls in the context of its action to combat the worst forms of child labour.

Article 8. International cooperation. The Committee notes that Côte d’Ivoire is a member of Interpol, the organization which assists in cooperation between countries in the various regions, particularly to combat the trafficking of children. It also notes that, in the context of the multilateral cooperation agreement to combat the trafficking of children in West Africa of 27 July 2005, the signatory States undertook to adopt measures to prevent the trafficking of children, mobilize the necessary resources to combat this practice, exchange detailed information on the victims and those responsible for violations, bring criminal charges and punish any action to facilitate the trafficking of children, develop specific programmes of action and establish a national monitoring and coordination committee. The Committee requests the Government to provide information on the measures adopted to give effect to the multilateral agreement signed in 2005, particularly in cases where the exchange of information provides a basis for identifying child trafficking networks and arresting the persons working in such networks. The Committee also requests the Government to indicate whether measures have been taken to identify and intercept child victims of trafficking in border regions and whether transit centres have been established.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes the decisions handed down by courts in Côte d’Ivoire sentencing persons charged with the trafficking of children. It also notes that SIMPOC and LUTRENA have conducted a national survey covering, among other subjects, the scope of the worst forms of child labour and the trafficking of children. The Committee requests the Government to provide information on this survey, including statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported and penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex.

A request relating to other points is also being addressed directly to the Government.