Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 3, clause (a), and Article 7, paragraph 1, of the Convention. Sale and trafficking of children and sanctions. In its previous comments, the Committee noted that there is a high level of trafficking of children for labour exploitation both within the country and as a source of child labour for other countries. The Committee also noted with interest that, since the adoption and implementation of Act No. 038-2003/AN of 27 May 2003 defining and repressing the trafficking of children (Act No. 038-2003/AN of 27 May 2003), 31 cases of trafficking had been prosecuted in the 19 higher courts and 18 individuals had been sentenced to terms of imprisonment ranging from one to three years.

The Committee notes with interest the adoption of Decree No. 2008-332/PRES of 19 June 2008 promulgating Act No. 029-2008/AN of 15 May 2008 on combating trafficking in persons and similar practices (Act on combating trafficking in persons and similar practices). Under section 26 of this Act, Act No. 038-2003/AN of 27 May 2003 is repealed. The Committee takes due note that sections 3 and 4 of the Act on combating trafficking in persons and similar practices provides for terms of imprisonment ranging from five  to 20 years.

The Committee notes the information provided by the Government that it has continued and stepped up its efforts to combat the trafficking of children. It also notes the several court decisions handed down by the High Court between 2004 and 2007. The Committee notes that the individuals who have been prosecuted for the trafficking of children were found guilty and sentenced to terms of imprisonment ranging from two to 24 months, sometimes accompanied by a fine, and were ordered to pay costs. The Committee notes, however, that of the seven prison sentences handed down, six were suspended; one person was sentenced to two months’ imprisonment and another to a fine of 50,000 CFA francs. The Committee reminds the Government that the trafficking of children is a serious crime and that, under Article 7, paragraph 1, of the Convention, the Government is obliged to take the necessary measures to ensure the effective implementation and enforcement of the provisions giving effect the Convention, including the application of sufficiently effective and dissuasive penal sanctions. The Committee requests the Government to take the necessary measures to ensure that the penalties imposed on individuals found guilty of trafficking of children are sufficiently effective and dissuasive and that they are applied in practice. It requests the Government to provide information in this regard. The Committee also requests the Government to continue providing information on the application in practice of the Act on combating trafficking in persons and similar practices, including in particular, statistics on the number and nature of violations reported, investigations, prosecutions, convictions and penal sanctions imposed.

Article 7, paragraph 2. Effective and time-bound measures. Clause(b). Direct assistance for the removal of children from the worst forms of labour. 1. Sale and trafficking of children. The Committee previously took due note of the information provided concerning the implementation in the country of the ILO–IPEC Programme on Combating Trafficking in Children for Labour Exploitation in West and Central Africa (LUTRENA) and noted, in particular, that 632 children had benefited from the project and from educational support. It requested the Government to continue providing information on the measures taken in the context of the implementation of the LUTRENA programme. The Committee notes with interest the information provided by the Government that 716 children have been intercepted and returned to their families with the support of the social, technical and financial partners, including the vigilance committees. It also notes the Government’s indication that, to ensure better care for victims of trafficking and their reintegration into their families, transit centres have been equipped with facilities in the three provinces of Fada, Pama and Diapaga. The Committee also notes that financial assistance is given to families of child victims of trafficking for income-generating activities and the children are placed in workshops and various vocational training centres or reintegrated into the school system. Furthermore, the Wend Zoodo reception centre has been renovated and four literacy centres have been equipped with facilities. Finally, the Committee notes that the country is participating in phase V of the LUTRENA programme. The Committee takes due note of the measures taken by the  Government to remove children from sale and trafficking and to ensure their rehabilitation and social integration, which it regards as a manifestation of its political will to eliminate this worst form of child labour. The Committee strongly encourages the Government to continue its efforts and requests it to provide information on the time-bound measures taken in the context of the implementation of phase V of the LUTRENA programme to remove child victims from sale and trafficking by indicating, in particular, the number of children who have actually been removed from this worst form of labour, and on the specific rehabilitation and social integration measures taken for these children.

2. Project for small-scale gold mines in West Africa. In its previous comments, the Committee noted that Burkina Faso is participating in the ILO–IPEC project entitled “Prevention and elimination of child labour in artisanal gold mining in West Africa (2005-2008)” (the ILO–IPEC project on artisanal gold mining), the objective of which is to remove children from gold mines, while establishing structures to prevent child labour and to support local activities, particularly those aimed at enhancing the safety and boosting the income of adults working in the mines. The Committee noted that, according to the information contained in the 2007 ILO–IPEC activity report on the project in small-scale gold mines, more than 240 children had been prevented from being employed in hazardous work in gold mines and were receiving a school education.

The Committee notes with interest the detailed information provided by the Government concerning the ILO–IPEC project on artisanal gold mining which has been implemented on the gold-bearing site of Gorol Kadjè in Séno and the gold-bearing site of Ziniguima in Bam. It notes, in particular, that two small schooling programmes have been implemented which have allowed the schooling of 248 children, including 130 girls, namely 93 children on the Ziniguima site in Bam by the NGO Coalition in Burkina Faso for Children’s Rights (COBUFADE) and 155 children on the Gorol Kadjè site in Séno by the NGO Action for the Promotion of Children’s Rights in Burkina Faso (APRODEB). Overall, 657 children have been removed from the worst forms of labour in gold washing and have benefited from pre-school and school services, support in the form of school equipment, school clothing and afternoon snacks, and medical care. Furthermore, 16 groups of villagers have been created for income-generating activities in animal fattening, trading, dyeing and soap manufacture, including six groups of women and two groups of girls.

The Committee notes that two ILO–IPEC programmes are currently being implemented in the country, namely a programme on the rehabilitation and integration of child gold washers on the gold-bearing site of Gorol Kadjè through education and vocational training, and another which concerns support for the schooling of 310 children and the integration of 90 child workers, the protection of 120 child workers in the context of three young person clubs, support for income-generating activities for 90 mothers of gold-washing children and the mobilization of the community on the Ziniguima site. Finally, the Committee notes that a basic study on child labour in gold washing in Ziniguima and Gorol Kadjè is being carried out in the country. The Committee requests the Government to continue its efforts to remove children from the worst forms of child labour in small-scale gold mines. It also requests it to continue providing information on the time-bound measures taken, particularly in the context of the implementation of the two ILO–IPEC programmes currently under way in the country, to provide the necessary and appropriate direct assistance for the removal of children from this worst form of child labour and for their rehabilitation and social integration. Furthermore, the Committee requests the Government to provide information on the basic study on child labour in gold washing in Ziniguima and Gorol Kadjè as soon as it has been completed.

Clause (e). Taking account of the special situation of girls. The Committee previously noted that, according to ILO–IPEC information on the LUTRENA programme, internal trafficking, which accounts for 70 per cent of cases, mainly concerns girls who are engaged in domestic labour or working as street vendors in the country’s major cities. It noted that girls, particularly those employed in domestic work, are often victims of exploitation, which takes on very diverse forms, and it is difficult to monitor their conditions of employment because of the unauthorized nature of this work. The Committee requested the Government to provide information on the measures taken in the context of the LUTRENA programme to protect girls against labour and sexual exploitation. The Committee notes the information provided by the Government concerning the measures it has taken in the context of the ILO–IPEC project on artisanal gold mining to take into account the situation of girls, in particular through financial assistance for income-generating activities and their insertion into training centres to learn a trade or their reintegration into the school system. The Committee notes, however, that no information is provided with regard to the measures taken in the context of the LUTRENA programme. The Committee therefore requests the Government to provide information on the time-bound measures taken in the context of the implementation of phase V of the LUTRENA programme to protect girls from the worst forms of child labour, including, in particular, the number of girl victims of sale and trafficking for labour or sexual exploitation who have actually been removed from this worst form.

Article 8. International cooperation and assistance. 1. Regional cooperation. The Committee previously noted that the Government has signed bilateral cooperation agreements on the cross-border trafficking of children with the Republic of Mali and multilateral cooperation agreements on combating the trafficking of children in West Africa. It requested the Government to provide information on the implementation of these agreements. The Committee notes the Government’s indication that statistics will be provided as soon as they are available. The Committee expresses the hope that the Government will be able to provide information in its next report and once again requests it to indicate whether the information exchanges with the other signatory countries have made it possible to: (1) apprehend and arrest persons operating in networks engaged in the trafficking of children; and (2) detect and intercept child victims of trafficking in the border areas.

2. Poverty elimination. In its previous comments, the Committee noted the draft Decent Work Country Programme for Burkina Faso. It noted that the problems connected with child labour form part of the priorities of this country programme, including child labour in rural areas and in mines, and that the Government intends to take measures aimed at eliminating child labour in the context of poverty reduction. The Committee notes that the Government does not provide any information on this matter. Noting once again that poverty reduction programmes contribute to breaking the poverty cycle, which is essential for the elimination of the worst forms of child labour, the Committee requests the Government to provide information on the measures taken in the context of the implementation of the Decent Work Country Programme to eliminate the worst forms of child labour, particularly as regards the actual reduction of poverty among child victims of sale and trafficking and those who carry out hazardous work in mines and quarries.

Furthermore, the Committee is also addressing a direct request to the Government concerning other points.