Observation (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

The Committee notes the Government’s first and second reports. With reference to the comments made under the Forced Labour Convention, 1930 (No. 29), as well as to Article 3(a) of Convention No. 182, 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 for economic exploitation, the Committee considers that this issue may be examined more specifically in the context of Convention No. 182. It therefore requests the Government to provide information on the following points.

Article 3(a). All forms of slavery or practices similar to slavery. Sale and trafficking of children.  Informal sector. In its comments under Convention No. 29, the Committee referred to allegations of the trafficking of children for economic exploitation and a widespread practice under which migrant workers, including children, particularly from Mali and Burkina Faso, are forced to work in plantations, particularly cocoa plantations, against their will.

The Committee notes that section 370 of the Penal Code provides that any person who, by means of fraud or violence, abducts minors from where they have been placed by those in authority or under whose direction they have been consigned shall be liable to sanctions. If the abducted minor is under 15 years of age, the maximum penalty is imposed. It also notes that under section 371 of the Penal Code, the abduction or attempted abduction of a young person under 18 years of age is an offence. However, this provision is not applicable in cases where the abducted minor marries the person responsible for the abduction, unless the marriage is annulled. The Committee notes that, in the absence of specific legislation prohibiting the trafficking of children, these two provisions of the Labour Code constitute legal tools to combat the trafficking of children in Côte d’Ivoire. However, it notes that, according to the study carried out by ILO/IPEC/LUTRENA in 2005 on the trafficking of children for their exploitation in work in the informal sector in Abidjan, Côte d’Ivoire, these provisions are ill adapted to combating the trafficking of children for economic exploitation as they only cover cases of the abduction of minors, whereas the internal or transborder 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 notes that, on 1 September 2000, the Governments of Côte d’Ivoire and Mali signed a bilateral cooperation agreement to combat the transborder trafficking of children. It also notes with interest that the Governments of Benin, Burkina Faso, Côte d’Ivoire, Guinea, Liberia, Mali, Niger, Nigeria and Togo, on 27 July 2005, signed a multilateral cooperation agreement to combat the trafficking of children in West Africa. Furthermore, Côte d’Ivoire is one of the nine West African countries, in addition to Benin, Burkina Faso, Cameroon, Gabon, Ghana, Mali, Nigeria and Togo, which are participating in the Subregional Programme Combating the Trafficking in Children for Labour Exploitation in West and Central Africa (LUTRENA), which commenced in July 2001 with the collaboration of ILO/IPEC. One of the objectives of the LUTRENA programme is to strengthen national legislation to combat the trafficking of children with a view to the effective harmonization of legislation prohibiting trafficking. In this respect, the Committee notes that, according to the information available to the Office, a Bill on the trafficking of children was adopted by the Council of Ministers in 2001, but has still not been put to the vote by the National Assembly.

The Committee notes the efforts that have been made by Côte d’Ivoire for a number of years to combat the trafficking of children, but regrets that the Bill referred to above has not yet been put to the vote by the National Assembly. In practice, this weakness of the legal framework is one of the factors facilitating the economic exploitation of children. The Committee nevertheless notes that the strengthening of the legal framework relating to child labour, and particularly the sale and trafficking of children for economic exploitation, is one of the specific objectives of the National Plan of Action against Child Labour adopted by the Government in 2005. The Committee requests the Government to take the necessary measures for the adoption of the Bill on the trafficking of children in the near future.

Article 3(d) and Article 4, paragraph 1. Hazardous work. Gold mines. The Committee notes 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 transborder trafficking for economic exploitation in the gold mines of Issia. The Committee notes 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. The Committee also notes that, when this list of hazardous types of work was defined, the various ministries responsible for agriculture and forestry, mines, trade and services, transport and crafts, and the social partners, were consulted. It also notes that Côte d’Ivoire participates in the internal system for the certification of diamonds established by the Kimberley Process. 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. Although the legislation is in conformity with the Convention on this point, child labour in mines is a problem in practice. The Committee therefore requests the Government to redouble its efforts to secure the effective application of the legislation on the protection of children against hazardous work, and particularly hazardous work in mines.

Article 5. Monitoring mechanisms. National Steering Committee. The Committee notes that, according to information concerning the IPEC/LUTRENA programme, a National Steering Committee has been established and will monitor activities relating to child labour, and particularly the trafficking of children. The Committee requests the Government to provide information on the activities of this new Committee, for example by supplying extracts of reports or documents.

Article 6. Programmes of action. ILO/IPEC regional programme to combat child labour in cocoa plantations in Western and Central Africa (WACAP). The Committee notes that Côte d’Ivoire is participating in the ILO/IPEC regional programme to combat child labour in cocoa plantations in Western and Central Africa (WACAP), which also includes Cameroon, Ghana, Guinea and Nigeria. In this respect, the Committee notes that, according to information available to the Office, over 5,000 children have been removed from cocoa plantations in Côte d’Ivoire and have benefited from school attendance and training programmes. It also notes that around 1,100 children have been prevented from working in cocoa plantations. The Committee requests the Government to continue providing information on the number of children who are, in practice, removed from cocoa plantations, and the measures taken for their rehabilitation and social integration. It also requests the Government to provide information on the number of children who are prevented from being engaged in these plantations.

Article 7, paragraph 2. Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and assisting in the removal of children from the worst forms of child labour. The Committee notes that, according to information on the IPEC/LUTRENA project available to the Office, nearly 200 child victims of trafficking have been prevented from being the victims of trafficking or removed from this worst form of child labour. The Committee requests the Government to provide information on the impact of the IPEC/LUTRENA project in Côte d’Ivoire, particularly in terms of the number of children prevented from being the victims of trafficking and the number of child victims removed from this worst form of child labour. It also requests the Government to provide information on the measures taken for the rehabilitation and social integration of these children.

Clause (c). Ensuring access to free basic education and vocational training for all children removed from the worst forms of child labour. The Committee requests the Government to provide information on the measures taken in the framework of the ILO/IPEC/LUTRENA project to ensure that child victims of trafficking who have been removed from this worst form of child labour have access to free basic education and vocational training.

Clause (e). Taking account of the special situation of girls. According to the information available to the Office, the measures taken by the Government to combat child labour and the worst forms of child labour do not properly take into account the special situation of girls. The Committee draws the Government’s attention to the fact that over 50 per cent of the children concerned in the LUTRENA project are girls. It therefore requests the Government to provide information on the measures adopted in practice to take account of the situation of girls in the context of its action to combat the worst forms of child labour.

Article 8. International cooperation. The Committee notes that Côte d’Ivoire is a member of Interpol, the organization which assists in cooperation between countries in the various regions, particularly to combat the trafficking of children. It also notes that, in the context of the multilateral cooperation agreement to combat the trafficking of children in West Africa of 27 July 2005, the signatory States undertook to adopt measures to prevent the trafficking of children, mobilize the necessary resources to combat this practice, exchange detailed information on the victims and those responsible for violations, bring criminal charges and punish 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 measures adopted to give effect to the multilateral agreement signed in 2005, particularly in cases where the exchange of information provides a basis for identifying child trafficking networks and arresting the persons working in such networks. The Committee also requests the Government to indicate whether measures 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. The Committee notes the decisions handed down by courts in Côte d’Ivoire sentencing persons charged with the trafficking of children. It also notes that SIMPOC and LUTRENA have conducted a national survey covering, among other subjects, the scope of the worst forms of child labour and the trafficking of children. The Committee requests the Government to provide information on this survey, including statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported and penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex.

A request relating to other points is also being addressed directly to the Government.