Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Article 3 of the Convention. Worst forms of child labour. Clauses (a), (b) and (c). Forced or compulsory recruitment of children for use in armed conflict; use, procuring or offering of a child for the production of pornography or for pornographic performances and for illicit activities. With reference to its previous comments, the Committee notes with interest that section 148 of the Labour Code of 2004 adopts the provisions of Article 3 of Convention No. 182 by prohibiting all the worst forms of child labour.

Clause (d). Hazardous work. Self-employed workers. In its previous comments, the Committee observed that the Labour Code does not apply to work done by children on their own account and asked the Government to indicate the measures taken to ensure that this kind of protection is afforded to children under 18 years of age. The Committee notes the Government’s information to the effect that there is no point in adopting legislation to regulate matters relating to self‑employed workers. Persons working on their own account come under the informal sector and hence are still liable to controls by the labour inspectorate, which carries out general monitoring of conditions of work. The Committee requests the Government to provide information on the measures taken or envisaged to enable labour inspectors to target children performing work on their own account and thus grant to all children the protection provided for by the Convention.

Article 4, paragraph 1. Determination of hazardous work. Referring to its previous comments, the Committee notes the Government’s information that a list of the types of work which are prohibited for children and young persons is being drawn up and that it will be in conformity with Convention No. 182 and the Worst Forms of Child Labour Recommendation, 1999 (No. 190). The Committee hopes that this list of types of work which are prohibited for children and young persons will be adopted as soon as possible and it requests the Government to supply a copy once it is adopted. The Committee also requests the Government to supply information on consultations with the organizations of employers and workers.

Article 5. Monitoring mechanisms. The Committee notes the Government’s information that a department for combating child labour and the worst forms thereof has been set up within the Ministry of Labour and is responsible for monitoring the application of the provisions of the Convention. The Committee requests the Government to provide information on the working of this department by supplying reports on these activities.

Article 7, paragraph 1. Penalties. The Committee notes that section 390 of the Labour Code of 2004 states that anyone who violates the provisions of section 148, i.e. those prohibiting the worst forms of child labour, is liable to the penalties laid down by the Act defining and repressing the trafficking of children. It notes that sections 4 and 5 of Act No. 038-2003/AN of 27 May 2003, defining and repressing the trafficking of children, provide for terms of imprisonment ranging from one year to life imprisonment, according to the circumstances in which the violations are perpetrated, and a fine ranging from 300,000 to 1,500,000 CFA francs. The Committee observes that the prohibition on the worst forms of child labour is contained in the Labour Code whereas the penalties relating to this prohibition are laid down in a specific law repressing another offence. The Committee requests the Government to provide information on the courts which are competent to examine cases involving violations of the prohibition on the worst forms of child labour and also on the penalties which are imposed under section 390 of the Labour Code and the Act defining and repressing the trafficking of children.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Education system. In its previous comments, the Committee noted that the gross school enrolment rate was 47.50 per cent in 2002–03. The Committee further noted that the Committee on the Rights of the Child, in its concluding observations in October 2002 (CRC/C/15/Add.193, paragraph 50), expressed deep concern at the high illiteracy rate, particularly among women, the still low enrolment rate in primary and secondary education, the very high drop-out rate in primary education, the poor quality of teaching, the very low percentage of children who complete primary education and the substantial regional disparities. The Committee noted, however, that the Ten-Year Plan for the Development of Basic Education (2001–10) (PDDEB) provides for a progressive increase in the rate of school enrolment and attendance and also for improvement in basic education and informal basic education. In this respect, the Committee notes with interest the Government’s information that, according to the half-yearly report on the implementation of the PDDEB for January–June 2006, the rate of school attendance is improving in Burkina Faso. It notes that the total number of pupils attending school increased from 1,270,827 in 2004–05 to 1,390,571 in 2005–06, i.e. an annual average increase of 9.42 per cent. Considering that education contributes to the elimination of the worst forms of child labour, the Committee encourages the Government to continue its efforts to improve the education system. It requests the Government to provide information on the effective measures taken under the PDDEB to prevent the engagement of children in the worst forms of child labour and also on the results obtained.

Clause (d). Identifying and reaching out to children at special risk. 1. HIV/AIDS. The Committee notes that, according to the report on the global AIDS epidemic published by the Joint United Nations Programme on HIV/AIDS (UNAIDS) in May 2006, the number of children in Burkina Faso orphaned as a result of the virus is approximately 120,000. It also notes that, according to this report, the Government has drawn up a strategic national framework to combat the virus for 2006–10, in collaboration with UNAIDS. The Committee observes that HIV/AIDS has a negative impact on orphans, who are at an increased risk of being engaged in the worst forms of child labour. It requests the Government to do its utmost to reduce the impact of the epidemic in Burkina Faso by preventing its transmission within the population. The Committee also requests the Government to provide information on the specific measures taken under the strategic national framework to prevent children orphaned as a result of HIV/AIDS from being engaged in the worst forms of child labour.

2. Street children. In its previous comments, the Committee noted that, according to the information supplied by the Government in its written replies to the Committee on the Rights of the Child in September 2002 (CRC/C/RESP/18, page 28), 24 per cent of street children are between 7 and 12 years of age, 62 per cent of them are between 13 and 18 years of age, with roughly equal numbers of boys and girls, and 43 per cent of street children engage in begging. It also noted that the Committee on the Rights of the Child, in its concluding observations in October 2002 (CRC/C/15/Add.193, paragraph 56), expressed concern at the growing number of children living on the streets and at the lack of a systematic overall strategy to deal with this situation and provide children with the necessary assistance. The Committee notes the information in the Government’s report to the effect that, in collaboration with its partners, it has implemented a national action programme for education in an open environment (2005–09), which aims to support and ensure the rehabilitation and socio-economic integration of at least 80 per cent of children removed from the streets. Recalling that street children are at particular risk of being involved in the worst forms of child labour, the Committee once again requests the Government to provide information on the measures taken under the national action programme for education in an open environment to protect street children against the worst forms of child labour and to ensure their rehabilitation and social integration.

Parts IV and V of the report form. Application of the Convention in practice. Referring to its previous comments, the Committee notes that, apart from the information concerning the sale and trafficking of children, the Government does not supply any information on the application of the Convention in practice. It notes that, according to the information available to the Office, a national study on child labour has been conducted in the country. The Committee requests the Government to provide a copy of this national study on child labour with its next report.