Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Minimum Age Convention, 1973 (No. 138) - Burkina Faso (Ratification: 1999)

Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. In its previous comments the Committee noted that a national study on child labour had been conducted in the country and that a new national plan of action on child labour was being drawn up.

The Committee notes the Government’s indication that in 2006 Burkina Faso conducted a national survey of child labour (ENTE) with the support of ILO–IPEC–SIMPOC. The results of this survey were published in 2008 and are the most recent data available concerning child labour. The Committee notes that, according to the ENTE, child labour affects 41.1 per cent of children between 5 and 17 years of age in Burkina Faso, a total of 1,658,869 working children, who devote between 19 and 25 hours per week to their work. Moreover, 39.3 per cent of children are forced to perform harmful activities and 35.8 per cent do work that is classified as hazardous. The survey shows that there are more working children in rural areas (44.1 per cent) than in urban areas (23.2 per cent). The main sectors where economically active children are present are agriculture, fishing, hunting and domestic work. The proportion of working children increases considerably with age. Nearly 30 per cent of children between 5 and 9 years of age and 47.6 per cent of children between 10 and 14 years of age work in various economic sectors. In the 15–17 age group, more than half (56 per cent) are working children. The Committee notes that on 15 February 2012 the Government adopted the National Plan of Action against the worst forms of child labour in Burkina Faso 2011–15 (PAN/PFTE), drawn up in cooperation with ILO–IPEC, with the general objective of reducing the incidence of child labour by 2015. Noting with concern that a significant number of children are working below the minimum age, especially in dangerous conditions, the Committee requests the Government to strengthen its efforts to ensure the gradual elimination of child labour. In this regard, it requests the Government to provide detailed information on the implementation of PAN/PFTE in its next report. The Committee also requests the Government to continue to supply information on the application of the Convention in practice, particularly statistics on the employment of children under 15 years of age and reports of the inspection services.

Article 3(1) and (2). Hazardous work and determination of these types of work. The Committee previously noted that the Ministry of Labour and Social Security sponsored a study in 2008 in order to produce an overview of hazardous types of work and propose draft legislation prohibiting the performance of these types of work by children. The Committee reminded the Government that under Article 3(2) of the Convention, hazardous types of work should be determined after consultation with the organizations of employers and workers concerned, where such exist.

The Committee notes with satisfaction that the Government, in cooperation with the employers’ and workers’ organizations concerned, drew up and adopted Decree No. 2009-365/PRES/PM/MTSS/MS/MASSN of 28 May 2009 determining the list of hazardous types of work prohibited for children in Burkina Faso. This Decree, which defines a child as any person under 18 years of age, determines the list of hazardous types of work prohibited for children. The Committee observes that section 2 of the Decree specifically prohibits: work which, by its nature or the circumstances in which it is carried out, is likely to jeopardize the health, safety or morals of children; work which exposes children to physical, psychological or sexual abuse; work performed underground, under water, at dangerous heights or in confined spaces; and work performed with dangerous machinery, equipment or tools, or which involves the handling or carrying of heavy loads. Moreover, section 5 of the Decree establishes a list of hazardous types of work prohibited for children by sector of activity, including agriculture, stock rearing, fishing, agro-forestry and hunting, industry, mining, quarries and small-scale gold mines, construction and public works, the informal sector, craft industries, performing arts, transport, and the human and animal health sector.

Article 9(1). Penalties. In its previous comments, the Committee requested the Government to indicate the precise penalties applicable for violations of section 149 of the Labour Code of 2008 concerning the prohibition on the performance of hazardous work by children and young persons.

The Committee notes the Government’s indication that, since hazardous work is one of the worst forms of child labour, violations of section 149 of the Labour Code incur the penalties established by Act No. 029-2008/AN of 15 May 2008 combating trafficking in persons and similar practices. The Committee observes that section 7 of the Decree of 2009 determining the list of hazardous types of work prohibited for children in Burkina Faso provides that violations of the provisions of the Decree shall be penalized according to the provisions of section 5 of the Act of 2008 combating trafficking in persons and similar practices. The Committee notes with interest that, under the terms of section 5 of this Act, any person who commits an offence constituting one of the worst forms of child labour, including hazardous work, shall be liable to imprisonment ranging from ten to 20 years. The Committee requests the Government to supply information on the nature of the violations reported by the labour inspectorate, the number of persons prosecuted and the penalties imposed.

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