Observation (CEACR) - adoptée 2014, publiée 104ème session CIT (2015)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Mali (Ratification: 2000)

Autre commentaire sur C182

Observation

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The Committee takes note of the observations of the International Trade Union Confederation (ITUC), dated 1 September 2014.

Article 3(a) of the Convention. All forms of slavery or practices similar to slavery. 1. Forced or compulsory labour. Begging. In its previous comments, the Committee noted the existence of talibé children originating from neighbouring countries, including Mali, brought to the city by Koranic teachers (marabouts). These children are kept in conditions of servitude and are obliged to beg daily. The Committee noted that the Penal Code provides that any person inciting a minor to beg shall be liable to a sentence of imprisonment of from three months to one year. However, the Committee noted that begging by children in Koranic schools is an infringement of the law.

The Committee notes that Act No. 2012-023 has increased the penalty for the organized exploitation of others for begging to a sentence of imprisonment from two to five years and a fine from 500,000 to 2 million CFA francs. It notes the Government’s information that the capacity of police officers has been strengthened, but observes that the Government has not provided any information on the prosecution and sentencing of persons, including marabouts, who force the children into begging.

The Committee points out that, although the legislation is in conformity with the Convention on this point, the use of talibé children for purely economic purposes is still apparently a problem in practice. The Committee once again urges the Government to take the necessary measures to ensure that thorough investigations and robust prosecutions of marabouts who make use of children under 18 years of age for purely economic purposes are carried out and that sufficiently effective and dissuasive sanctions are imposed upon them. It requests the Government to provide information on the results obtained in this respect, through the provision of statistics on the number of convictions and the penalties imposed, particularly as regards the application of the provisions of Act No. 2012-023.

2. Forced recruitment of children for use in armed conflicts. The Committee notes that, according to the ITUC, the intensifying armed conflict in Mali has been accompanied by an increase in the recruitment of children as soldiers by the various rival parties operating in the north of the country. In 2012, Malian children were forcefully recruited, sold or even actually paid to fight by extremist groups. Families were forced to sell their children – or accepted to do so – for amounts ranging up to US$2,000 per child. These child soldiers are obliged to carry assault rifles, man checkpoints, gather information, guard prisoners, conduct patrols on foot and take part in looting and extortion. The armed groups use girls for purposes of sexual exploitation.

The Committee notes that, according to the report of the Secretary-General to the Security Council (A/68/878-S/2014/339) published on 15 May 2014, all armed groups in the north of Mali, including Al-Qaïda au Maghreb islamique, Ansar Dine, the Mouvement national pour la liberation de l’Azawad (MNLA), and the Mouvement pour l’unicité et le jihad en Afrique de l’Ouest (MUJAO), have perpetrated grave violations against children. The United Nations verified the recruitment and use of 57 children, all boys as young as 11 years of age. Most of the boys were recruited in the first half of 2013 by the MUJAO and the MNLA and were used in combat, to man checkpoints and in support roles. The Secretary-General’s report also states that, on 7 February 2013, an inter-ministerial circular was signed by relevant ministers, outlining their commitment to end and prevent the recruitment of children and to ensure appropriate reintegration provisions. On 7 August 2013, the Government of Mali accepted the joint verification mechanism proposed by the United Nations Multidimensional Integrated Stabilization Mission in Mali (MINUSMA) to conduct a physical and administrative screening of elements of the Forces armées et de sécurité du Mali. The Committee feels bound to express its grave concern that children are forcefully enrolled by armed groups and that this practice leads to serious violations of children’s rights – sexual violence and an infringement of their health and safety. The Committee urges the Government to increase its efforts and to take immediate and effective measures to stop, in practice, the forced or compulsory recruitment of children under 18 years of age by all the armed groups, and to embark upon a process of disarmament, demobilization and full rehabilitation of all the children. It also requests the Government to take the necessary measures to ensure that persons forcefully recruiting children under 18 years of age for their use in an armed conflict should be prosecuted and penalized.

Articles 3(d) and 7(2). Hazardous work and effective and time-bound measures. Children working in traditional gold-panning. Further to its previous comments, the Committee notes the ITUC’s observation that 20,000 to 40,000 children work in goldmines, of which some are not even 5 years of age. Children extract minerals from underground galleries and are involved in the amalgamation of mercury and gold. Carrying out these operations exposes the children to unhealthy and dangerous conditions, which have a serious incidence on their health and safety. Many children suffer from headaches, pains in the neck, arms or back; they are injured by landslides or tools; and they are exposed to the risk of serious bodily injuries when they work on unstable structures that might collapse at any moment.

The Committee notes that, as of 30 November 2012, the ILO–IPEC project to prevent and eliminate child labour in West Africa (AECID project) had succeeded in removing 1,083 children (648 boys and 435 girls) from the worst forms of child labour in the traditional gold-panning sector – or in preventing their recruitment – through educational services and vocational training. The Committee also notes that the implementation of the ILO–IPEC project entitled “Tackling child labour through education in 11 countries” (TACKLE) has resulted in the prevention or removal of 1,546 children (871 girls and 675 boys) from the worst forms of child labour in the traditional gold-panning sector in the villages of Baroya, Sékonamata, Sinsoko and Diaoulafoundouba, by means of educational services. The Committee notes, however, that these projects are on the point of coming to an end.

While noting the measures taken by the Government in the context of these projects, the Committee feels bound to express its deep concern at the considerable number of children, some of whom are not even 5 years of age, who work in dangerous conditions in the gold-panning sector in Mali. The Committee urges the Government to increase its efforts and take effective and time-bound measures within the framework of the National Plan of Action for the Elimination of Child Labour in Mali (PANETEM) or by other means, in order to remove children from the worst forms of child labour in the traditional gold-panning sector, with a view to ensuring their rehabilitation and social integration. The Committee requests the Government to provide information on the progress made and results obtained.

The Committee is raising other matters in a request addressed directly to the Government.