Observación (CEACR) - Adopción: 2009, Publicación: 99ª reunión CIT (2010)

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.