Observation (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

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

Autre commentaire sur C182

Observation

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Articles 3(a) and 7(1) of the Convention. All forms of slavery or practices similar to slavery. 1. Compulsory recruitment of children in armed conflict. The Committee previously noted the observation by the International Trade Union Confederation (ITUC) that the intensification of armed conflict in Mali was accompanied by an increase in the recruitment of children as soldiers by the various rival parties operating in the north of the country. The Committee previously expressed its deep concern at the fact that this practice leads to serious violations of children’s rights, including sexual violence, and the jeopardization of their health and safety. It also noted the signing of a peace agreement with the armed groups on 15 May and 20 June 2015, resulting in a ceasefire on the ground, and that Annex 2 of the agreement provides for a process of disarmament, demobilization and reintegration. The Government added that the internal rules of the Peace Agreement Follow-up Committee had been validated by the parties and that the Follow-up Committee for the Implementation of the Agreement and the National Commission for Disarmament, Demobilization and Reintegration would adopt an inclusive and coherent National Disarmament, Demobilization and Reintegration Programme accepted by all parties.

The Committee notes the absence of information provided by the Government in this regard. It notes that, in its annual report for 2017, the National Task Force to Combat Child Labour (CNLTE) recommends that the Government conduct an assessment of the first phase of the National Plan of Action for the Elimination of Child Labour in Mali (PANETEM) (2011–15) and then modify PANETEM by including, inter alia, children formerly associated with armed forces and armed groups (EAFGA). The Committee observes that, in his report dated 2 February 2018, the Independent Expert on the situation of human rights in Mali indicated that the armed groups that are signatories to the Agreement on Peace and Reconciliation in Mali continue to recruit and use children (A/HRC/37/78, paragraph 44). The Secretary-General of the United Nations indicates, in his report on children and armed conflict in Mali to the Security Council of 21 February 2018 (S/2018/136), that, between 1 January 2014 and 30 June 2017, 284 cases of the recruitment and use by armed groups of children from 13 to 17 years of age were verified, including 16 girls. In 2015 and 2016, 84 cases of recruitment and 79 cases of use of children were verified. In the first half of 2017, 18 boys were verified as recruited by armed groups. According to the report, all parties to the conflict, including armed groups and the Malian armed forces, had committed grave violations against children, including rape and other forms of sexual violence. The Secretary-General points out that the collection of data on grave violations committed against children is hindered by the current situation in the country.

The Committee deplores the recruitment and use of children in the armed conflict affecting the north of the country, especially since the persistence of this worst form of child labour entails other grave violations of the rights of the child, such as sexual violence. While acknowledging the complexity of the situation prevailing on the ground and the presence of armed groups and armed conflict in certain regions of the country, the Committee urges the Government to take the necessary measures, as a matter of urgency, to bring an end, in practice, to the forced recruitment of children under 18 years of age by the parties to the conflict. It also requests the Government to implement the process of disarmament, demobilization and reintegration of all children associated with armed forces or armed groups in order to ensure their rehabilitation and social integration. Lastly, the Committee requests the Government to take the necessary measures to ensure that persons forcefully recruiting children under 18 years of age for their use in armed conflict are prosecuted and penalized, and to provide information in this regard.

2. Forced or compulsory labour. Begging. In its previous comments, the Committee noted the existence of talibé boys originating from neighbouring countries, brought to towns by Koranic teachers (marabouts). These children are kept in conditions of servitude and are obliged to beg on a daily basis. The Committee noted that, although the Penal Code and Act No. 2012-23 on combating trafficking in persons and similar practices establish fines and prison sentences, respectively, for any person inciting a minor to beg and for the organized exploitation of begging by another, the use of talibé children for purely economic purposes remains a concern in practice. The Government indicated that it had taken measures to strengthen the capacity of police officers, but did not provide any information on the prosecution or conviction of persons, including marabouts, who force children into begging. The Government added that the enforcement of legal provisions on begging requires a dose of political courage, as the practice of begging is very frequently linked to religion.

The Committee notes the information provided by the Government, in its report, on the number of child victims of forced begging and on the number of prosecuted marabouts. For example, in 2016 and 2017, it notes that, respectively, 35 and 42 victims were identified, and three and five individuals were interrogated. It nevertheless notes with concern the low number of prosecutions of persons who force children to beg and the absence of sanctions for such persons. Moreover, the Committee notes that, according to the Compilation on Mali of November 2017 by the Office of the United Nations High Commissioner for Human Rights (OHCHR), the United Nations High Commissioner for Human Rights is concerned about the recruitment of talibé children, exploited as beggars by marabouts, in return for the Islamic education that they provide to these children (A/HRC/WG.6/29/MLI/2, paragraph 86). The Committee recalls that, under Article 7(1) of the Convention, the Government must take all necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including the application of penal sanctions. The Committee therefore once again urges the Government to take the necessary measures to ensure that thorough investigations and robust prosecutions are carried out and that sufficiently effective and dissuasive sanctions are imposed upon marabouts who use children under 18 years of age for purely economic purposes. It requests the Government to provide information on the results achieved in this regard, including the number of convictions and the penalties imposed, particularly with regard to the application of the provisions of Act No. 2012-023.

Articles 3(d) and 7(2). Hazardous work and effective and time-bound measures. Children working in traditional gold panning. The Committee previously noted the observation of the ITUC of September 2014 that between 20,000 and 40,000 children are engaged in work in gold mines, some of whom are not even 5 years old. Children extract minerals from underground galleries and undertake the amalgamation of mercury and gold. During these operations, the children are exposed to unhealthy and dangerous conditions, which have a serious impact on their health and safety. The Committee noted with concern that, although a programme of action for the prevention, removal, and social and vocational reintegration of children at risk of, or victims of, work in small traditional mines in the region of Sikasso (project ILO–IPEC/AECID) resulted in the prevention of 2,655 children, the removal of 1,946 children and the reintegration of 709 children, there are still a considerable number of children, some of whom are not even 5 years of age, who work in dangerous conditions in traditional gold panning.

The Committee notes the absence of the information provided by the Government in this regard. It notes that, according to its activity report for 2017, the CNLTE recommends that the Government modify PANETEM to step up efforts in the traditional gold-panning sector, which employs a steadily growing number of children (page 17). The Committee urges the Government to intensify its efforts and to take effective measures, as a matter of urgency, under PANETEM or by other means, in order to remove children from the worst forms of child labour in traditional gold panning, with a view to ensuring their rehabilitation and social integration. The Committee requests the Government to provide information on the progress achieved and the results obtained.

Article 7(2)(a). Access to free basic education. The Committee previously noted that the age of completion of compulsory schooling in Mali is 15 years. It took due note of the measures adopted by the Government in relation to education, but observed that the school enrolment rates for primary education remained fairly modest and that a significant number of children drop out of school after the primary level. The Committee noted the observation by the ITUC that only 35.9 per cent of boys and 25.2 per cent of girls enter secondary education. The Government indicated that the armed conflict had severely undermined the education system in the northern regions of the country, but that the return of the administration and the renewal of cooperation with education partners had enabled many schools to reopen in the regions of Mopti, Timbuktu and Gao. Lastly, the Government indicated that an Interim Programme for the period 2015–16 had been adopted, pending the forthcoming adoption of a Ten Year Education Development Programme (PRODEC II) following the evaluation of PRODEC I. In 2012–13, the gross enrolment rate was 69.7 per cent for primary education and 50 per cent for secondary education, and the drop-out rate was 8.3 per cent in primary education. The Committee observed a very broad disparity in these rates between regions.

The Committee notes the Government’s indication that the Interim Programme is under evaluation and that it has been extended until 2018. PRODEC II is still being developed. The Committee takes due note of the final evaluation report of PRODEC of November 2015 communicated by the Government under the Minimum Age Convention, 1973 (No. 138), which shows that, following an initial period of rapid growth in school enrolment and the completion rate for basic education, such growth slowed down and most indicators began to drop as of 2010. Although there is still strong resistance and discrimination surrounding schooling for girls, the reduction of gender disparities is one of the significant achievements of PRODEC I in relation to girls’ and boys’ access to and completion of basic education. The Committee notes that the evaluation of PRODEC I has enabled the formulation of recommendations for PRODEC II, which include speeding up efforts to promote enrolment in basic education, continuing to reduce disparities based on area of residence and on gender, qualifications for teachers in basic education and the revitalization of non-formal education. The Committee also takes due note of the statistics provided by the Government under Convention No. 138 on basic education for the school years 2013–14, 2015–16 and 2016–17, and welcomes the efforts made by the Government to provide such statistics. It notes that the gross enrolment rate was 72.1 per cent for primary education and 49.2 per cent for the first stage of secondary education. The Committee therefore points out that the gross school enrolment rate has not improved since 2013. Moreover, the Committee observes that there are significant regional disparities in terms of access to education. The completion rates for primary education and the first stage of secondary education have increased, but are still low, with a completion rate of 48.1 per cent for primary education and 35.4 per cent for the first stage of secondary education.

The Committee notes that, in its concluding observations of July 2016, the Committee on the Elimination of Discrimination against Women (CEDAW) expresses concern at the extremely low completion rate for girls at the secondary level; the poor quality of education; and rural–urban disparities. CEDAW also expresses concern at the existence of a parallel education system with Koranic schools that remain outside the purview of the Ministry of Education (CEDAW/C/MLI/CO/6-7, paragraph 29). The Committee also observes that the report of the UN Secretary-General dated 25 September 2018 shows that 735 schools remained closed at the end of the 2017–18 school year, affecting 332,400 children (S/2018/866, paragraph 63). The United Nations Multidimensional Integrated Stabilization Mission in Mali (MINUSMA) and the OHCHR have also noted the occupation of school premises by armed groups in some areas of northern Mali (A/HRC/WG.6/29/MLI/2, paragraph 60). The Committee expresses its concern at the large number of children deprived of an education due to the armed conflict affecting northern Mali. While acknowledging the difficult situation prevailing in the country, the Committee urges the Government to step up its efforts to improve the functioning of the education system and to provide access to free basic education, by increasing school enrolment rates, both at the primary and secondary levels, and by reducing the drop-out rates in all regions of the country. In this regard, it requests the Government to provide information on the progress achieved and the results obtained through the implementation of the Interim Programme 2015–16 and PRODEC II.

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