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

The Committee notes the Government’s first report. It notes with interest the adoption of Order No. 2250 of 14 March 2005 determining the list of hazardous types of work prohibited for young persons under 18 years of age [hereinafter Order No. 2250 of 14 March 2005].

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Debt bondage, serfdom and forced or compulsory labour. The Committee notes that article 3 of the Constitution prohibits slavery, forced labour and all forms of degradation of the human being. It also notes that section 3 of the Labour Code prohibits forced or compulsory labour. Furthermore, under section 378 of the Penal Code, penalties shall be imposed on any person who, exclusively to satisfy her or his personal interest, exacts work or service from another person for which she or he has not offered herself or himself willingly.

2. Forced recruitment of children for use in armed conflict. The Committee notes that the Government has not provided any information on this provision of the Convention. In the report of the Special Representative of the Secretary-General for Children and Armed Conflict of 7 September 2005 (A/60/335, paragraph 6), Côte d’Ivoire is reported as one of 11 countries, which also include Burundi, Colombia, Democratic Republic of the Congo, Myanmar, Nepal, Philippines, Somalia, Sri Lanka, Sudan and Uganda, in which grave violations against children have been documented. The Secretary-General of the United Nations, in his report on children and armed conflict of 9 February 2005 (A/59/695-S/2005/72, paragraphs 14 and 24), indicates that in the context of the Accra III Agreement, which was aimed at consolidating further the peace process in Côte d’Ivoire, the parties committed themselves to the commencement of the disarmament, demobilization and reintegration process by 15 October 2004. UNICEF established dialogue with the Forces armées nationales de Côte d’Ivoire (FANCI) and the Forces armées des forces nouvelles (FAFN). The dialogue resulted in the release of 273 child soldiers by the FAFN and the adoption of a declaration on 15 September 2003 in which the forces concerned undertook to halt the recruitment of children within their ranks and in those of allied militia groups under their control. However, the Secretary-General indicates that, although no specific and reliable information on recruitment by armed groups now integrated into the FAFN forces was obtained during the reporting period, children continue to be present in the ranks of the following armed groups: the Mouvement pour la justice et la paix (MPJ), the Mouvement populaire ivoirien pour le Grand Ouest (MPIGO) and the Mouvement patriotique de Côte d’Ivoire (MPCI). Furthermore, according to the United Nations High Commissioner for Refugees (UNHCR), children are members of the LIMA force supplétive, which operates alongside the FANCI.

The Committee notes that, according to information available to the Office, the Armed Forces Code of 7 September 1995 establishes the age of recruitment for military service for men and women at 18 years. It also notes that transborder cooperation mechanisms between peacekeeping missions have been established by the United Nations Operation in Côte d’Ivoire (UNOCI), among others with those in Sierra Leone and Liberia. It further observes that 120 children have been demobilized from the former free fighting forces, including a certain number from Côte d’Ivoire. Despite the action taken by the Government in this field, the Committee expresses concern at the current situation of children, who are still recruited for armed conflict in Côte d’Ivoire and in other countries, and by the possible consequences of these conflicts on children. Referring to resolution 1539, adopted by the Security Council on 22 April 2004, in which it calls on the parties “to halt immediately their recruitment or use of children” in armed conflict in violation of the applicable international law, the Committee requests the Government to provide information on the measures taken to prevent young persons under 18 years of age from being forced to participate in armed conflict either in the national forces or in rebel groups, and to provide information on any new measure adopted for this purpose. It also requests the Government to provide a copy of the Armed Forces Code of 7 September 1995.

Clause (b). The use, procuring or offering of a child for prostitution. The Committee notes that sections 335 and 336 of the Penal Code establish penalties for any person who is found guilty of procuring, that is a person who, in any manner whatsoever, knowingly helps, assists or protects the prostitution of another person or procuring with a view to prostitution. Heavier penalties are established where the offence committed involves a person under 21 years of age. The Committee also notes that section 337 of the Penal Code establishes penalties for any person who encourages or facilitates the debauchery or corruption of young persons of either sex under the age of 18 years.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes that the national legislation does not appear to contain a provision relating to the use, procuring or offering of a child for the production of pornography or for pornographic performances. It reminds the Government that, under the terms of Article 3(b) of the Convention, the use, procuring or offering of a child for the production of pornography or for pornographic performances constitutes one of the worst forms of child labour and that, by virtue of Article 1, immediate and effective measures have to be taken to secure the prohibition and elimination of this worst form of child labour as a matter of urgency. The Committee requests the Government to provide information on the measures taken or envisaged to prohibit the use, procuring or offering of a young person under 18 years of age for prostitution, for the production of pornography or for pornographic performances, so as to bring the national legislation into conformity with the Convention. Furthermore, the Committee requests the Government to establish penalties for this purpose.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee notes the information provided by the Government that section 2 of Act No. 88-686 of 22 July 1988 repressing the trafficking and illicit use of drugs, psychotropic substances and venomous substances prohibits the use of young persons under 21 years of age in operations that are in contravention of the regulations on the import, production, prescription, manufacture, extraction, preparation, cultivation, export, pushing, transmission by post or transit of drugs and psychotropic substances.

Clause (d). Hazardous work. Own account workers. The Committee notes that, by virtue of section 1, the Labour Code governs relations between employers and workers derived from contracts of employment concluded to be carried out on the territory of the Republic of Côte d’Ivoire. It also notes that, by virtue of section 2 of the Code, any person shall be considered a worker or employee who, irrespective of his or her sex, race or nationality, has undertaken to place her or his professional activity, in return for remuneration, under the direction and authority of another person or entity, public or private, known as the employer. The Committee observes that, under the terms of these provisions, the Labour Code does not apply to young persons under 18 years of age without a contractual employment relationship who perform hazardous work. Moreover, it notes that, according to the information available to the Office, a considerable number of children work in the informal economy. The Committee requests the Government to indicate the manner in which the national legislation ensures that these young persons under 18 years of age benefit from the protection envisaged in Article 3(d) of the Convention, namely not to be engaged in work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals.

Article 4, paragraphs 1 and 3. Determination and revision of the list of hazardous types of work. The Committee notes that section 1 of Order No. 2250 of 14 March 2005 establishes a list of 20 types of hazardous work which are prohibited for young persons under 18 years of age in the agricultural, forestry, mining, commercial, urban, domestic, craft and transport sectors. The Committee also notes the information provided by the Government that, when determining this list of hazardous types of work, consultations were held with the various ministries responsible for agriculture and forestry, mines, trade and services, transport and crafts. Furthermore, two workshops were convened in which organizations of employers and workers participated. The Committee notes that, by virtue of section 2 of Order No. 2250, the list of hazardous types of work contained in section 1 shall, where necessary, be revised each year.

Article 4, paragraph 2. Identification of where hazardous types of work exist. The Committee notes that the Government has not provided any information concerning this paragraph. However, it notes that, in the context of the implementation of the National Plan of Action against Child Labour, adopted by the Government in May 2005, it is planned to establish a map of the incidence of child labour in Côte d’Ivoire. The Committee therefore hopes that the Government will, in consultation with employers’ and workers’ organizations, identify where the hazardous types of work so determined exist, in accordance with this provision of the Convention. It requests the Government to provide information on this matter in its next report.

Article 5. Monitoring mechanisms. The Committee notes that sections 91.2 to 91.10 of the Labour Code establish the responsibilities of inspectors of labour and labour legislation. The Committee requests the Government to provide information on the duties of labour and social insurance inspectors, particularly with regard to the worst forms of child labour, for example by providing extracts of reports or documents. As Article 3(a) to (c) of the Convention concern criminal offences, the Committee also requests the Government to indicate whether monitoring mechanisms, in addition to those of the labour and social insurance administration, have been established to monitor the implementation of these provisions of the Convention.

Article 7, paragraph 1. Penalties. The Committee notes that sections 335, 336, 337 to 378 of the Penal Code establish penalties for any person found guilty of offences related to prostitution, such as procuring or inciting a young person to debauchery, as well as forced labour. It also notes that Act No. 88-686 of 22 July 1988 repressing the trafficking and illicit use of drugs, psychotropic substances and venomous substances penalizes the use of a young person for any activity related to drugs. The Committee requests the Government to provide information on the application of these penalties in practice.

With regard to hazardous work, the Committee notes that Order No. 2250 of 14 March 2005 determining the list of hazardous types of work prohibited for young persons under 18 years of age does not establish penalties for cases of failure to comply with its provisions. It reminds the Government that under this provision of the Convention measures shall be taken to ensure the effective implementation and enforcement of the provisions giving effect to it, including the provision and application of penal sanctions or, as appropriate, other sanctions. The Committee requests the Government to establish sufficiently effective and dissuasive penalties to permit legal action to be taken against persons who engage young persons under 18 years of age in hazardous work. It requests the Government to provide information on this subject.

Paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. National Plan of Action, 2005. The Committee notes that, in the context of the National Plan of Action against Child Labour adopted in 2005, activities to strengthen prevention are intended to reduce the effect of the three principal factors facilitating child labour, namely culture, the economy and school failure, and therefore to reduce the arrival of a new influx of children onto the labour market. The Committee requests the Government to provide information on the implementation of the National Plan of Action against Child Labour in terms of the measures adopted to prevent young persons under 18 years of age from being engaged in the worst forms of child labour and on the results achieved.

Clause (b). Removal of children from the worst forms of child labour. National Plan of Action, 2005. The Committee notes that the National Plan of Action against Child Labour envisages measures for the removal, reintegration or repatriation of children who are victims of the worst forms of child labour. It requests the Government to provide information on the number of young persons under 18 years of age who are, in practice, removed from the worst forms of child labour. The Committee also requests the Government to provide information on the measures adopted for the rehabilitation and social integration of these children.

Clause (d). Children at special risk. HIV/AIDS. The Committee notes that, according to the information contained in the Epidemiological Fact Sheet of the Joint United Nations Programme on HIV/AIDS (UNAIDS) and the World Health Organization (WHO), there are around 310,000 HIV/AIDS orphans in Côte d’Ivoire. It also notes that the Government is currently preparing a national strategic plan for 2006-10. The Committee observes that HIV/AIDS has an impact on orphans, who are at greater risk of being engaged in the worst forms of child labour. The Committee requests the Government to spare no effort to reduce the incidence of HIV/AIDS by preventing its transmission within the population and to provide information on the specific time-bound measures adopted to protect HIV/AIDS orphans from being engaged in the worst forms of child labour.