Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Burkina Faso (Ratification: 2001)

Articles 3(a) and 7(1) of the Convention. Sale and trafficking of children. Penalties. In its previous comments, the Committee noted the considerable extent of internal and cross-border trafficking of children for the exploitation of their labour. The Committee also noted that, even though the national legislation prohibits the sale and trafficking of children and establishes terms of imprisonment ranging from five to 25 years, the Government had not provided any information on the imposition of penalties on the perpetrators of violations related to the trafficking of children. Moreover, the Committee observed that the data available on cases of trafficking in children registered by the courts were not sufficient to indicate whether prosecutions had been initiated in all suspected cases of trafficking.

The Committee observes that the Government has not supplied any information on this matter in its report. It notes that the United Nations Committee on the Rights of the Child (CRC), in its concluding observations of 10 July 2013 on the report submitted by Burkina Faso under the Optional Protocol to the Convention on the Rights of Child, on the sale of children, child prostitution and child pornography (CRC/C/OPSC/BFA/CO/1, paragraph 20), expressed its concern at the alarmingly small number of prosecutions relating in particular to the practice of confiage (placement of rural children with urban relatives mainly for domestic work), which is often tantamount to the sale of children. The Committee again reminds the Government that trafficking in children is a grave crime and that, under Article 7(1) of the Convention, the Government is required to take the necessary measures to ensure the effective implementation and observance of the provisions of the Convention, including through the application of criminal penalties that are sufficiently effective and dissuasive. The Committee urges the Government to take the necessary steps to ensure that criminal penalties that are sufficiently effective and dissuasive are imposed on the perpetrators of trafficking in children. It requests the Government once again to provide information in this respect. The Committee also requests the Government to continue providing information on the application in practice of the Act establishing measures to combat trafficking in persons and similar practices, particularly by providing statistics on the number and nature of reported violations, investigations, prosecutions, convictions and criminal penalties imposed.

Article 6. Plan of action and application of the Convention in practice.1. Sale and trafficking of children. The Committee previously noted that the “National Plan of Action to combat trafficking and sexual violence against children in Burkina Faso” (PAN/LTVS), which sets out clear strategies for combating trafficking in children and sexual exploitation of children, was in the process of being drawn up.

The Committee notes the Government’s indication that the adoption of the PAN/LTVS has been suspended pending the results of a national study for evaluating action against trafficking in children, which is being finalized and will be accompanied, if necessary, by a national plan of action with new strategies. The Committee requests the Government to take the necessary steps to ensure that the PAN/LTVS is adopted as soon as possible and to provide information on the results achieved following its implementation. It also requests the Government to supply information on progress made in this respect, and on the results of the national study for evaluating action against trafficking in children.

2. “National Plan of Action to combat the worst forms of child labour in Burkina Faso 2011–15” (PAN/PFTE). The Committee previously noted that child labour affected 41.1 per cent of children between 5 and 17 years of age in Burkina Faso, namely 1,658,869 child workers, and that 1,447,146 children were engaged in hazardous types of work in Burkina Faso, namely 35.8 per cent of all children between 5 and 17 years of age. In this regard, the Committee notes that the goal of the PAN/PFTE is to reduce the incidence of child labour by 2015 through the adoption of measures for the elimination of all the worst forms of child labour.

The Committee notes the Government’s information on the measures taken as part of the implementation of the PAN/PFTE. While noting the measures adopted by the Government, the Committee is bound to note with concern the situation and the considerable number of children under 18 years of age forced to engage in hazardous work. The Committee urges the Government to intensify its efforts to eliminate the worst forms of child labour. It requests the Government to continue providing information on any progress made in this respect and on the results achieved. The Committee also requests the Government to continue providing information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, and the number and nature of reported violations, investigations, prosecutions, convictions and penalties imposed. As far as possible, the information provided should be disaggregated by age and sex.

Article 7(2). Effective and time-bound measures. Clause (d). Identifying children at special risk. Street children. In its previous comments, the Committee welcomed the measures taken by the Government to protect street children in Burkina Faso, including talibé (or garibou) children, and encouraged the Government to continue its efforts in this respect.

The Committee notes the Government’s information to the effect that the Ministry of Social Action and National Solidarity, giving priority to action against the worst forms of child labour, identified 3,446 new street children, of whom 300 were reunited with their families, 1,070 were provided with school education and 372 were placed in vocational training. However, the Committee notes that the United Nations Committee on the Elimination of Racial Discrimination, in its concluding observations of 23 September 2013, while noting with interest the attention paid by Burkina Faso to the problem of the exploitation of garibou children and the measures taken for their protection and education, expresses concern at the persistence of this practice despite the ban on all forms of begging in Burkina Faso (CERD/C/BFA/CO/12-19, paragraph 11). The Committee strongly encourages the Government to pursue its efforts and requests it to continue providing information on the number of street children who have been protected against the worst forms of child labour, and rehabilitated and socially integrated through the various measures taken for this purpose. The Committee also requests the Government to state any other effective and time-bound measures taken to prevent children under 18 years of age from becoming victims of forced or compulsory labour, such as begging, and also to identify garibou children who are compelled to engage in begging and to remove them from such activities, while ensuring their rehabilitation and social integration.

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