Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Minimum Age Convention, 1973 (No. 138) - Burkina Faso (Ratification: 1999)

Other comments on C138

Observation

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Article 1 of the Convention. National policy, labour inspection and application of the Convention in practice. In its previous comments, the Committee noted that, according to the last National Survey of Child Labour in Burkina Faso (ENTE) published in 2008, child labour affected 41.1 per cent of children between 5 and 17 years of age in Burkina Faso, a total of 1,658,869 working children. Nearly 30 per cent of children between 5 and 9 years of age and 47.6 per cent of children between 10 and 14 years of age worked in various economic sectors. In this regard, the Committee noted that most children worked in agriculture and livestock farming, and those in the most at-risk groups were employed as apprentices in the informal economy in small-scale gold mines, and girls in particular were employed as domestic workers, vendors or apprentices. The Committee noted that on 15 February 2012 the Government adopted the National Action Plan against the Worst Forms of Child Labour in Burkina Faso 2011–15 (PAN/PFTE), drawn up in cooperation with ILO–IPEC, with the general objective of reducing the incidence of child labour by 2015.

The Committee notes the Government’s indications in its report that, as part of the implementation of the PAN/PFTE, a total of 126 inspections were conducted in 2013 in relation to child labour, of which 104 were in small-scale gold mines, ten in agriculture and 12 in the informal economy. Through these inspections, a total of 1,411 children were found to be working, including 1,195 in small-scale gold mining and 215 in the informal economy (carpentry, engineering, tailoring, small-scale trading, etc.). The Government also indicates that in 2013 a total of 50 capacity-building sessions were organized for parties involved in combating child labour; 107 awareness-raising meetings were held providing outreach to some 30,000 persons; and the PAN/PFTE National Coordinating Committee (CNC) was established. The Government also indicates that it has undertaken a number of capacity-building actions for the labour inspectorate relating to the inspection of child labour, including the formulation and validation of a module on child labour for incorporation in the training given to labour inspectors and supervisors, and also the establishment of a training plan for labour inspectors covering various fields, including action against child labour.

The Committee notes that the PAN/PFTE is no longer in force. However, it notes the information provided by the Government in its report on the Worst Forms of Child Labour Convention, 1999 (No. 182), to the effect that the new National Economic and Social Development Plan 2016–20 (PNDES) gives priority status to the combating of child labour. Strategic objective No. 4 of the PNDES seeks to promote decent employment and social protection for all, particularly young persons and children, with one of the expected outcomes being to reduce the proportion of children in the 5–17 age group involved in economic activities from 41 per cent in 2006 to 25 per cent in 2020. The Committee urges the Government to continue its efforts to ensure the progressive elimination of child labour. It requests that the Government provide detailed information on the impact of the PNDES and all other measures with regard to the number of working children under 15 years of age who have thus been able to enjoy the protection granted by the Convention, particularly those working in the informal economy. The Committee also encourages the Government to continue with capacity-building measures for the labour inspectorate so that it can monitor child labour, particularly in the informal economy. Lastly, the Committee encourages the Government to take the necessary steps to ensure the availability of adequate, up-to-date information on child labour, including recent statistics, disaggregated by gender and age, relating to the nature, extent and trends of work done by children and young persons who are under the minimum age specified by the Government at the time of ratification, and extracts from reports of the inspection services.

Articles 3(2) and 9(1). Determination of types of hazardous work and penalties. In its previous comments, the Committee noted that, according to the findings of the ENTE, out of a total of 1,658,869 working children, 39.3 per cent were forced to perform harmful activities and 35.8 per cent were engaged in work which was classified as hazardous. The Committee noted that the Government had adopted Decree No. 2009-365/PRES/PM/MTSS/MS/MASSN of 28 May 2009 determining the list of hazardous types of work prohibited for children under 18 years of age.

The Committee notes the Government’s statement that the list of hazardous types of work has since been revised and that new Decree No. 2016 504/PRES/ PM/MFPTPS/MS/MFSNF determining the list of hazardous types of work in Burkina Faso (Decree No. 2016-504) was adopted on 9 June 2016. Under section 8 of this Decree, any person committing an offence constituting one of the worst forms of child labour shall be punished according to the terms of section 5 of Act No. 029-2008/AN of 15 May 2008 combating trafficking in persons and similar practices, which provides for imprisonment of ten to 20 years for offenders. Noting with concern the large number of children engaged in hazardous types of work in Burkina Faso, the Committee requests that the Government take the necessary steps to ensure the effective application in practice of Decree No. 2016-504. The Committee requests that the Government supply detailed information in this regard, including statistics on the number and nature of violations reported, the number and nature of accidents and injuries related to these violations, and the criminal penalties imposed.