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Worst Forms of Child Labour Convention, 1999 (No. 182) - Senegal (RATIFICATION: 2000)

Articles 3(b) and 7(1) of the Convention. Use, procuring or offering of a child for the production of pornography or for pornographic performances, and penalties. In its previous comments, the Committee noted the adoption of Act No. 2016-29 of 8 November 2016 amending Act No. 65-60 of 21 July 1965 issuing the Penal Code, which introduces a new Title IV on offences related to information and communication technologies, and contains a section on child pornography. It requested the Government to provide information on the effect given in practice to sections 431–34 to 431–40 of the Penal Code in relation to the use, procuring or offering of a child under 18 years of age for the production of pornography or for pornographic performances.

The Committee notes the Government’s indication in its report that as these provisions of the Penal Code are relatively recent, proven or specific acts relating to the use of children for the production of pornography or for pornographic performances are not reported to it and have not been recorded in Senegal. The Government adds that new forms of trafficking, and particularly for cyberpornography, will be taken into account in the new Bill on trafficking in persons, which is in the process of being adopted. The Committee once again requests the Government to provide information on the effect given in practice to sections 431 – 34 to 431 – 40 of the Penal Code in relation to the use, procuring or offering of a child under 18 years of age for the production of pornography or for pornographic performances. It also requests the Government to provide information on the adoption of the new Bill on trafficking in persons and the effect given in practice to its provisions on trafficking for the purposes of cyberpornography in relation to children under 18 years of age who are used, procured or offered for this purpose.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing children from being engaged in the worst forms of child labour. Access to free basic education. In its previous comments, the Committee noted the Government’s indication that the training and development of “human capital” is still one of the major components of the Emerging Senegal Plan, which takes the form of a sectoral plan for the implementation of the Programme to improve Quality, Equity and Transparency in Education and Training (PAQUET). The Committee noted that the gross school enrolment rate was 87.30 per cent in 2017 and that it was due to reach 108.7 per cent in 2030. It noted that the State has the ambition to create a school system characterized by equity and equality of opportunity, for which purpose it has taken measures for the progressive introduction of free middle and secondary education. However, the Committee noted that, in its concluding observations of 18 October 2019, the Committee on Economic, Social and Cultural Rights expressed concern at the information that schooling still involved indirect costs, particularly at the secondary level, and noted with concern the inadequacy of the provision of education and training, particularly in rural and disadvantaged areas, and that 47 per cent of school age children were reportedly outside the school system (E/C.12/SEN/CO/3, paragraph 41).

The Committee notes the Government’s indication that it considers that keeping children in school up to at least the age of the completion of compulsory schooling (16 years) is the best strategy to prevent their engagement in the worst forms of child labour. The Government adds that the country is in the process of reinforcing its framework of action for the education of girls with the establishment of a gender and equity unit in the Ministry of National Education and the preparation and implementation of a plan for the development of education for girls. This action has resulted in a rise in the indicators for the access and retention of girls at school at all levels, with a parity index in favour of girls at all levels (1.22 at primary school and 1.17 at middle and secondary school). Considering that education plays an essential role in preventing children from being engaged in the worst forms of child labour, the Committee encourages the Government to continue its efforts to increase access to education for all children, including at the secondary level, to improve the operation of the education system through measures to increase school attendance and reduce school drop-out rates, particularly in rural and disadvantaged areas. It once again requests the Government to provide information on the results achieved in this respect, including statistics disaggregated by age and gender on school attendance and completion rates and school drop-out rates in primary and secondary education.

Clauses (a) and (b). Preventing children from being engaged in the worst forms of child labour. Direct assistance for the removal of children from the worst forms of child labour. Children working in traditional gold washing. The Committee previously noted that children take part in traditional gold and iron mining in the regions of Dakar, Thiès, Matam and, very particularly, in the Kédougou region. It noted the various measures taken by the Government to protect children in traditional gold mining, and the Government’s indication that a 2018 monograph study on artisanal gold washing in Senegal found that the rate of the presence of children in the production chain was low, with 0.5 per cent of those engaged in the process being under 15 years of age.

The Committee notes the Government’s indication that, in the context of its policy to combat child labour, it has a global vision to deal with the issue of social integration that goes beyond artisanal mining and gold washing. The Government indicates that the programme for the social integration of children remains an important pillar of Government policy in Senegal and that further health measures were taken in 2020 to reinforce this action in the context of COVID-19, when protection was greatly increased. However, the Committee notes that no information has been provided by the Government on the number of children working in traditional gold washing who have benefited from the measures taken within the framework of the programme for the social integration of children. The Committee encourages the Government to continue its efforts to prevent children from being engaged in artisanal gold mining and to provide the necessary assistance to remove them from this worst form of child labour and ensure their social integration. In this regard, it requests the Government to provide information on the impact of the measures taken within the context of the programme for the social integration of children, or any other programme, and particularly on the number of children removed from work in gold washing who have been rehabilitated and socially integrated.

Clause (d). Children at special risk. Child HIV/AIDS victims/orphans. In its previous comments, the Committee noted that the National Strategic Plan to Combat AIDS 2018-22 provides for partnership with development sectors for social programmes relating to orphans and vulnerable children (OVC) and the development of leadership programmes for OVC to engage in action to combat HIV. The Committee also noted that, according to the 2018 data available on the UNAIDS website, the number of children aged between 0 and 17 years orphaned as a result of HIV/AIDS was estimated at 31,000.

The Committee notes the information provided by the Government on the measures taken to protect children against HIV/AIDS and to prevent the transmission of HIV/AIDS to children. However, the Government has not indicated the measures taken or envisaged to protect children who are at risk of being engaged in the worst forms of child labour due to their vulnerability as HIV/AIDS orphans. The Committee notes in this regard that, according to UNAIDS data for 2020, the number of children between the ages of 0 and 17 orphaned due to HIV/AIDS is now estimated to be 41,000. Recalling that orphans and other vulnerable children are at greater risk of becoming victims of the worst forms of child labour, the Committee therefore once again requests the Government to provide information on the specific measures taken to prevent child HIV/AIDS orphans from being engaged in the worst forms of child labour and to ensure their rehabilitation and social integration, and on the results achieved.