Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

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

Articles 3(a) and (d) and 7(1) of the Convention. Sale and trafficking of children and hazardous work. 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, in its 2013 concluding observations under the Optional Protocol on the sale of children, child prostitution and child pornography, the Committee on the Rights of the Child expressed its concern about the strikingly low number of prosecutions relating in particular to the practice of confiage (placement of rural children in urban households mainly for domestic work) which, in many cases, amounts to the sale of children. The Committee asked 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.

The Committee notes the Government’s indications in its report that 42 individuals have been identified as suspects under the terms of Act No. 029 2008/AN of 15 May 2008 on combating the trafficking of persons and similar practices. Of the 42 suspects, ten have been convicted and sentenced by the courts. However, the Committee notes that the United Nations Human Rights Committee, in its concluding observations of 17 October 2016, expressed continuing concern at human trafficking for sexual exploitation or forced labour in Burkina Faso (CCPR/C/BFA/CO/1, paragraph 35). In this respect, the Committee notes the Government’s indication in its report on the Forced Labour Convention, 1930 (No. 29), that the national report for 2015 on the trafficking of children quotes the figure of 1,099 children who are suspected victims of trafficking, and the partial figures of the national report for 2016, which is being drawn up, indicate 1,416 child victims of trafficking. The Committee observes that, in light of the information provided by the Government, the figures on prosecutions and convictions remain low. The Committee therefore strongly encourages the Government to step up its efforts to ensure that Act No. 029 2008/AN of 15 May 2008 on combating the trafficking of persons and similar practices is implemented effectively. In this regard, it urges the Government to take the necessary steps to strengthen the capacities of law enforcement bodies to combat the sale and trafficking of children under 18 years of age, including by means of training and adequate resources. The Committee also requests the Government to take the necessary steps to ensure that all persons responsible for the trafficking of children are the subject of thorough investigation and robust prosecution, and that sufficiently effective and dissuasive penalties are imposed in practice. It further requests the Government to continue providing detailed information on the number of investigations, prosecutions, convictions and criminal penalties imposed.

Article 6. Plan of action and application of the Convention in practice. Sale and trafficking of children. The Committee previously noted that the drafting of the National Action Plan to Combat Trafficking and Sexual Violence against Children in Burkina Faso (PAN/LTVS), which sets out clear strategies for combating the trafficking and sexual exploitation of children, had been suspended pending the results of a national study for evaluating action against trafficking in children, which was being finalized.

The Committee notes with regret the Government’s indication that the situation is unchanged as regards the drafting of the PAN/LTVS and the implementation of the national evaluation study. The Committee therefore urges the Government to take the necessary steps to ensure that the national study for evaluating action against trafficking in children is conducted and the PAN/LTVS is drafted and adopted as soon as possible, and requests it to provide information on progress made in this respect, including the results of the study and those relating to the implementation of the PAN/LTVS.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour. Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. 1. Sale and trafficking of children. In its previous comments, the Committee noted that the Government, through the Ministry of Social Action and National Solidarity (MASSN), was conducting awareness-raising activities for the main parties affected by the sale and trafficking of children and that victims of trafficking are catered for in transit centres, where they are provided with food, clothing, medical and psychosocial care and, where necessary, psychological support.

The Committee notes the Government’s indication that actions in the areas of prevention and suppression of trafficking and the protection and reintegration of victims have been conducted in Burkina Faso, resulting in the interception of, and provision of care for, a total of 1,099 children (563 boys and 536 girls) who had been identified as actual, suspected or potential victims of trafficking. The Committee strongly encourages the Government to pursue its efforts to prevent children under 18 years of age from becoming victims of trafficking for economic or sexual exploitation and to remove child victims of sale and trafficking and ensure their rehabilitation and social integration. It requests the Government to continue providing information on the measures taken in this respect and on the results achieved.

2. Children working in small-scale gold mines in West Africa. In its previous comments, the Committee noted the project conducted in partnership with UNICEF concerning child labour in small-scale mines and quarries, in the context of which a study had been undertaken on child labour in small-scale gold mines and quarries in five regions of the country. The study showed that about one third of the population at the 86 small-scale gold mines were children, of whom the total number was 19,881 (51.4 per cent boys and 48.6 per cent girls). The children were used in all forms of mining operations, such as work in mine galleries, dynamiting of rocks, rock breaking, crushing and sieving, selling food and water, and hauling minerals to sheds.

The Committee notes with regret that the Government does not provide any information on the measures taken to combat child labour in small-scale gold mines in Burkina Faso and on the number of children who have been removed from work in such mines. Recalling that, under the terms of Article 1 of the Convention, the Government must take immediate and effective measures to ensure the eradication of the worst forms of child labour, the Committee urges the Government to take time-bound measures to remove children from the worst forms of labour in small-scale gold mines and ensure their rehabilitation and social integration. It urges the Government to provide detailed information on the progress made in this respect and on the results achieved.

Clause (d). Identifying children at special risk. Children in street situations. Further to its previous comments, the Committee notes that the Human Rights Committee, in its concluding observations of 17 October 2016, expressed concern at the extent and persistence of the use of children for begging (CCPR/C/BFA/CO/1, paragraph 35). Moreover, the Committee notes the Government’s statement that a targeted public census was carried out in December 2016 in the 49 urban districts of the country, resulting in the identification of 9,313 children in street situations (7,564 boys and 1,749 girls). The Government indicates that a care programme is being drawn up and action is taking place in the meantime to reintegrate children in families or place them in apprenticeships. The Committee strongly encourages the Government to pursue its efforts and requests it to continue providing information on the number of children in street situations who have been protected against the worst forms of child labour and rehabilitated and socially reintegrated as part of the various measures taken to this end. The Committee also requests the Government to indicate 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 to remove them from such situations and ensure their rehabilitation and social integration.

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