Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

With reference to its comments under the Forced Labour Convention, 1930 (No. 29), and to Article 3(a) of the Convention 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, the Committee considers that the problem of the sale and trafficking of children for sexual or economic exploitation may be examined more specifically in the context of Convention No. 182. It requests the Government to provide information on the following points.

Article 3(a). Sale and trafficking of children. In its previous comments, the Committee noted that, despite the existence of penal provisions and section 63 of the Code on the Protection of the Child, which prohibit the sale and trafficking of children, the situation remained worrying in Mali. It noted the Government’s indications that the National Review Commission, established in 1999 to "implement a national policy to combat the trafficking of children", had noted the existence of trafficking of Malian children in the frontier zone between Mali and Côte d’Ivoire. The Government of Mali had also informed the Committee on the Rights of the Child that Malian children had been taken to Côte d’Ivoire to work in plantations or as domestic servants and that they were subjected to deplorable working conditions and were often unpaid. The Committee also noted that certain ethnic groups, such as the Bambara, Dogon and Senufo groups, are particularly vulnerable. It further noted the efforts made at the regional level to combat the trafficking of children, as Côte d’Ivoire and Mali signed a cooperation agreement in this field in 2000. Despite all these efforts, it noted that the Human Rights Committee "remains concerned by the trafficking of Malian children to other countries in the region, in particular Côte d’Ivoire, and their subjection to slavery and forced labour" (CCPR/CO/77/MLI, 16 April 2003, paragraph 17).

The Committee notes the Government’s indications that the Ministry for the Promotion of Women, Children and the Family has established a National Programme of Action to Combat the Trafficking of Children.

The Committee notes that the trafficking of children still constitutes a problem in practice, despite the fact that trafficking is prohibited by the national legislation. The Committee is therefore bound to express its deep concern at the situation of children who are the victims of trafficking. The Committee recalls that Article 3(a) of the Convention provides that the sale and trafficking of children are among the worst forms of child labour and that, under the terms of Article 1 of the Convention, each Member which ratifies the Convention shall take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee encourages the Government to redouble its efforts to improve the situation and to take the necessary measures as soon as possible to eliminate the trafficking of children for economic exploitation. It also encourages the Government to pay particular attention to the groups of the population most affected by trafficking (the Bambara, Dogon and Senufo) when preparing and adopting measures to address the sale and trafficking of children. Furthermore, it requests the Government to take the necessary measures to ensure that those responsible for violations of the provisions prohibiting the trafficking of children are prosecuted and that sufficiently effective and dissuasive penalties are imposed. Finally, it requests the Government to provide information on the impact of the National Programme of Action to Combat the Trafficking of Children in terms of the removal of children from the worst forms of child labour and the rehabilitation and social integration of the children removed from these worst forms of child labour.

Article 7, paragraph 1, and Part III of the report form. Measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention. The Committee previously noted that sections L314, L318 and L326 of the Labour Code and sections 242 and 243 of the Penal Code established penalties for breaches of the provisions prohibiting the worst forms of child labour. The Government indicated that the first-level court in Sikasso had examined three cases involving the trafficking of children in 2001-02. The Committee notes the Government’s indications that court decisions relating to the application of the provisions giving effect to the Convention have been handed down by the criminal court of the region of Sikasso, but that it has not been able to obtain a copy of these decisions. The Committee requests the Government to provide information on cases involving violations of the provisions giving effect to the Convention and the penalties imposed where it cannot provide copies of the court decisions themselves.

Article 8. Enhanced international cooperation and assistance. 1. Regional cooperation. The Committee notes that the Government is participating in the subregional programme to combat the trafficking of children in West and Central Africa (LUTRENA) which commenced in 2001 with the collaboration of ILO/IPEC and which covers nine countries (Benin, Burkina Faso, Cameroon, Côte d’Ivoire, Gabon, Ghana, Mali, Nigeria and Togo). In 2004, the programme commenced its third phase, which is due to last for three years. The Committee notes the Government’s indications that a multilateral cooperation agreement to combat the trafficking of children in West Africa was signed on 27 July 2005 by the Governments of Benin, Burkina Faso, Côte d’Ivoire, Guinea, Liberia, Mali, Niger, Nigeria and Togo. This agreement provides that the signatories undertake to adopt measures to prevent the trafficking of children, mobilize the necessary resources to combat this phenomenon, exchange detailed information on the victims and those responsible, criminalize and repress 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 implementation of the LUTRENA programme and on the multilateral agreement signed in 2005 by the States participating in this programme, as well as on the results achieved in relation to the trafficking of children for economic exploitation.

2. Bilateral and multilateral agreements. The Committee noted previously that the countries of West Africa had met in February 2003 to harmonize their national laws and regulations on combating the trafficking of children in French-speaking West and Central Africa. The experts recommended, among other proposals, that the countries adopt specific laws that define and penalize the trafficking of children, harmonize national laws and regulations and promote the conclusion of bilateral or multilateral agreements to combat the trafficking of children. The Committee noted that some of the recommended measures already existed in Mali. The Committee further noted with interest the efforts made by Côte d’Ivoire and Mali, which signed a cooperation agreement on the trafficking of children on 1 September 2000. A standing national committee responsible for monitoring the Mali-Côte d’Ivoire cooperation agreement to combat the cross-border trafficking of children was established by an order of 19 July 2001. The Committee noted that this cooperation already appeared to be producing results, since 500 children who had been victims of trafficking from Mali and Burkina Faso to Côte d’Ivoire were intercepted in 2001 by the Ivorian authorities and returned to their countries of origin.

The Committee notes with interest the Government’s indications that the trafficking of Malian children towards Côte d’Ivoire has greatly diminished. The Government adds that it signed corporation agreements in 2004 and 2005 with its neighbouring countries (Côte d’Ivoire, Burkina Faso, Senegal and Guinea) to combat child labour and trafficking. The Committee requests the Government to continue providing information on the implementation of cooperation agreements to eliminate the trafficking of children and the results achieved.

The Committee is also addressing a request directly to the Government on certain other matters.