Observation (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

The Committee notes the Government’s reports.

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. In its previous comments, the Committee noted concordant information from various sources to the effect that the cases of trafficking of children for the exploitation of their labour, particularly in agriculture, concern a substantial number of children in Burkina Faso. It also noted that Act No. 038‑2003/AN of 27 May 2003, defining and repressing the trafficking of children, prohibits and penalizes the trafficking of children, and requested the Government to provide information on the application of this Act in practice.

The Committee notes that, according to the UNICEF report on trafficking in persons, especially women and children, in West and Central Africa, published in 2006, children from Burkina Faso are the victims of trafficking in the following countries: Benin, Côte d’Ivoire, Gambia, Ghana, Mali, Niger, Nigeria, Togo, and also of trafficking to Europe. It also notes that, according to ILO/IPEC information, internal trafficking accounts for 70 per cent of cases and principally concerns girls who work as servants or as itinerant traders in the streets of the country’s major cities. Cross-border trafficking of Burkinabé children is mainly with Côte d’Ivoire, even though new patterns of migration and trafficking have emerged with other countries of the region as destinations. Boys tend more to look for work in agriculture in neighbouring countries, in cotton, coffee or cocoa plantations. The Committee also notes that, according to the UNICEF report on the trafficking of persons, talibé children from Burkina Faso are exploited for begging in cities in the Gambia and also in rice fields in Mali.

The Committee notes with interest the Government’s information to the effect that, since the adoption and implementation of Act No. 038‑2003/AN of 27 May 2003 defining and repressing the trafficking of children, 31 cases of trafficking have been prosecuted in the 19 higher courts and 18 persons have been sentenced to terms of imprisonment ranging from one to three years. Moreover, it notes the Government’s information on the recent cases of cross-border trafficking concerning children from Burkina Faso, Côte d’Ivoire, Mali and Nigeria. The Committee observes that, although the Government has adopted a number of measures to combat the sale and trafficking of children for the exploitation of their labour, the problem still exists in practice. It encourages the Government to continue its efforts to ensure the protection in practice of children under 18 years of age against the sale and trafficking of children for the purpose of labour exploitation. It requests the Government to continue providing information on the practical application of Act No. 038-2003/AN of 27 May 2003 defining and repressing the trafficking of children, in particular by supplying statistics on the number and nature of violations reported, investigations, prosecutions, convictions and penal sanctions.

Article 5. Monitoring mechanisms. 1. Vigilance and supervision committees. In its previous comments, the Committee requested the Government to provide information on the activities of the vigilance and supervision committees. In this regard, the Committee notes that, according to the information in the activity report of ILO/IPEC on the LUTRENA programme combating trafficking in children for labour exploitation in West and Central Africa, the work done by the vigilance and supervision committees since 2002 has resulted in the interception of approximately 620 children from Burkina Faso involved in trafficking and in an information campaign for more than 3,600 members of various communities in the country, including 700 girls and 1,900 boys. The Committee encourages the Government to do its utmost to facilitate the work of these committees.

2. Child labour unit. The Committee notes that, according to the information in the ILO/IPEC activity report on the LUTRENA programme, a child labour unit has been set up. It requests the Government to supply information on the working of this unit by supplying reports on its activities.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes with interest that more than 26,730 children have benefited from the LUTRENA programme since it was launched in 2001. Of these, 14,790 children were removed from this worst form of child labour and 11,940 were prevented from being involved in it. It also notes that, between September 2006 and March 2007, some 92 child victims of trafficking were withdrawn from this worst form of child labour and received educational or training services. 

Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and assisting the removal of children from these worst forms. 1. Trafficking of children. Referring to its previous comments, the Committee takes due note of the information provided by the Government in its report concerning the implementation of the LUTRENA programme in the country. It notes in particular that, in the context of this programme, training activities with regard to combating the trafficking of children have been undertaken with the social partners, labour inspectors and the general public, including children and their families; more than 632 children have benefited from the project and from educational support. The Committee requests the Government to continue to supply information on the measures taken in the context of the implementation of the LUTRENA programme to prevent young persons under 18 years of age from being victims of the sale or trafficking of children. In addition, it asks the Government to provide information on: (1) the number and location of reception centres which have been set up in the country to cater for child victims of trafficking; (2) programmes providing specific medico-social monitoring which have been drawn up and implemented for child victims of trafficking.

2. Project for small-scale gold mines in West Africa. The Committee notes that Burkina Faso is participating in the ILO/IPEC project entitled “Prevention and elimination of child labour in artisanal gold mining in West Africa
(2005–08)”, in which Mali and Niger are also taking part. The specific objective of the project 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 notes that, according to the information 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 the gold mines and were receiving school education. The Committee requests the Government to provide information on the measures taken under the ILO/IPEC project in small-scale gold mines to: (a) prevent children from being engaged in hazardous work in the mines; and (b) provide the necessary and appropriate direct assistance for the removal of children from this worst form of child labour and to ensure their rehabilitation and social integration. The Committee also requests the Government to provide information on the results obtained.

Clause (e). Taking account of the special situation of girls. The Committee notes that, according to ILO/IPEC–LUTRENA information, internal trafficking, which accounts for 70 per cent of cases, mainly concerns girls who work as servants or as hawkers in the streets of the big cities in the country. It observes that girls, particularly those employed in domestic work, are often the 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 the work. The Committee urges the Government to renew its efforts to protect girls, particularly against economic and sexual exploitation, and requests it to provide information on the measures taken in this regard in the context of the LUTRENA programme.

Article 8. International cooperation and assistance. 1. Regional cooperation. Referring to its previous comments, the Committee notes that, apart from the bilateral cooperation agreement on the cross-border trafficking of children signed with Mali, Burkina Faso in 2005 signed the multilateral cooperation agreement on combating the trafficking of children in West Africa and in 2006, the Abuja multilateral cooperation agreement. With regard to the agreement between Mali and Burkina Faso, the Committee notes the Government’s information to the effect that 22 Malian children have been intercepted and repatriated to Mali. The Committee asks the Government to continue providing information on the implementation of the agreements and 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. With reference to its previous comments, the Committee notes the draft Decent Work Country Programme for Burkina Faso. It notes 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. Noting 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 implementation of the 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, of forced begging and also of hazardous work in mines and quarries.

Part III of the report form. Court decisions. The Committee requested the Government to supply copies of court decisions further to the adoption of the Act of 27 May 2003 on the trafficking of children. In this respect, it notes the Government’s indication that information would be sent subsequently to the Office. In view of the information provided by the Government on the number of prosecutions and convictions since the adoption and implementation of Act No. 038-2003/AN of 27 May 2003 defining and repressing the trafficking of children, the Committee hopes that the Government will be able to supply copies of these court decisions  in its next report.

In addition, the Committee is raising a number of other points in a direct request to the Government.