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

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 6 of the Convention. Plan of action and application of the Convention in practice. 1. National strategy to combat the worst forms of child labour. Further to its previous comments, the Committee notes with interest the adoption of the National Strategy to Combat the Worst Forms of Child Labour 2019-23 (SN-PFTE). The Government indicates in its report that a national coordinating committee has been put in place to ensure the effective implementation of the SM-PFTE, by Order No. 2020-049/MPFTPS/SG/DGPS/DLTE of 22 July 2020.

The Committee notes the detailed information in the Government’s report regarding implementation of the SN-PFTE during 2019. Among other matters, the Government gives details of access and maintenance of children in the education system or in occupational training, strengthening the financial and material resources of vulnerable households and reinforcing the technical skills of households, for example by providing training in agricultural production techniques. The Government also indicates that 437 workplaces presenting a high risk of the worst forms of child labour were monitored and the capacities of the services responsible for enforcing the legislation have been strengthened: a regional brigade for the protection of children (BRPE) has been built up and five others have been equipped, and 18 children’s court judges have been appointed. The Government also indicates that a new national survey on child labour is currently in progress, with the support of the ILO. The Committee requests the Government to continue to provide information on the specific measures taken within the framework of the SN-PFTE to combat the worst forms of child labour and on the results obtained. It also requests the Government to provide information on the nature, extent and trends of the worst forms of child labour, and on the number of children covered by the measures giving effect to the Convention, after completion of the national survey on child labour.

2. Elimination of child labour in the cotton, textile and garment value chains (CLEAR COTTON project). The Committee notes that the CLEAR COTTON project is being implemented by the ILO and FAO in four countries, including Burkina Faso, from March 2018 to February 2022. This project supports the elimination of child labour in all its forms and in particular the worst forms, and of forced labour in the cotton, textile and garment value chains in targeted producing countries. It seeks to promote enhanced national legislation and policies to address the basic needs and rights of children engaged or at risk of child labour, and of victims of forced labour. The project combines integrated area-based and value chain approaches to cooperate with governments, social partners, local farmers, communities industries, and international buyers. The Committee requests the Government to provide information on the measures taken within the framework of the CLEAR COTTON project to combat the worst forms of child labour in the cotton, textile and garment value chains, including forced labour, and also on the results obtained.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. In its previous comments, the Committee urged the Government to intensify its efforts to strengthen the functioning of the education system, including by taking steps to increase school enrolment and completion rates.

The Committee notes the Government’s detailed information according to which the efforts to strengthen the education system include measures to increase school enrolment and completion rates. The measures announced by the Government include: (i) suppression of enrolment fees for public primary and post-primary schools; (ii) transfer of funds to 336 out of 351 communes to purchase essential supplies for pre-school and primary school children; and (iii) provision of scholarships for 12,656 pre-primary school children during 2018-2020. The Government states that this action has benefited 259,417 girls who have received financial support for their schooling; 10,130 girls who have been assisted in their accommodation and catering needs; 17,690 pupils, including 9,703 girls, who have benefited from reinforced capacities; 20,650 pupils from disadvantaged backgrounds who have received school kits; 14,909 pupils, including 12,207 girls, and 600,000 parents who have been affected by the social movement on the problems in schooling. The Committee also notes the Government’s information to the effect that measures concerning children’s access to and maintenance in the scholastic system were also taken within the framework of the SN-PFTE, and yielded various results in the course of 2019, including the distribution of 2,539,708 school kits and the provision of 25,414 scholarships to disadvantaged children.

The Committee notes the statistics provided by the Government on the net and gross school enrolment and completion rates for 2015/16 to 2019/20. These statistics reveal a declining trend in school enrolment and completion rates since 2017/18. Effectively, the gross rate of primary school enrolment decreases from 90.7 per cent in 2017/18 to 86.6 per cent in 2019/20; at the same time, the primary school completion rate drops from 63 per cent in 2017/18 to 60.3 per cent in 2019/20. With regard to post-primary schooling, the gross rate declines from 52 per cent in 2017–18 to 49.3 per cent in 2019/20; and the completion rate falls from 40.6 per cent in 2017–18 to 39 per cent in 2019/20.

In this regard, the Committee notes from the information available on the UNICEF website, that this decline in school enrolment and completion rates could be due to the unprecedented security crisis which, since January 2019, has led to a growing humanitarian problem in the country. UNICEF reports that in 2019 2.6 million children and adolescents aged from 6 to 18 years were not at school, corresponding to 51.4 per cent of school-age children (of which 48.1 per cent are girls). Between December 2020 and May 2021 – with schools continuing to be attacked by, or under threat from, non-State armed forces – the number of schools that closed rose from 2,169 to 2,224, affecting 304,450 pupils. Moreover, on 16 March 2020 the COVID-19 health crisis caused the closure of all schools in the country, affecting more than 5 million pupils. According to UNICEF, this crisis has compounded pre-existing structural problems compromising fair access of children to education, including the low quality of teaching. While noting the difficult situation prevailing in the country and the measures taken by the Government, the Committee requests the Government to redouble its efforts to improve the functioning of the education system in the country by improving the quality of teaching and access to basic education for all children, especially those affected by the security and health crisis. In this regard, it requests the Government to continue to provide information on the specific measures taken, whether under the SN-PFTE or any other project, and on the results obtained, particularly in respect of increasing the levels of school enrolment and completion.

Article 7(2). Effective and time-bound measures. Clause (d). Identify and reach out to children at special risk. 1. HIV/AIDS orphans. In its previous comments, the Committee noted from the UNAIDS statistics that the number of orphans and vulnerable children (OVC) continues to decrease and that it was on average 71,000 in 2015. The Committee then encouraged the Government to pursue its efforts to protect OVC and requested it to continue providing information on the results achieved in terms of the number of OVC whose engagement in the worst forms of child labour had been prevented in this way.

The Committee notes the Government’s information to the effect that various activities designed to protect OVC had been undertaken, and had yielded the following results: (i) reception, accommodation and care provided to 1,274 OVC in the Ouaga and Orodara “maternal” hotels; (ii) provision of food for 196 OVC in the same hotels; and (iii) provision of training kits for 9,668 OVC. Nevertheless, the Committee notes from the UNAIDS 2020 statistics that the number of OVC is now 83,000, a higher estimation than that of 2015. Recalling that HIV/AIDS orphans run an increased risk of being engaged in the worst forms of child labour, the Committee encourages the Government to continue its efforts to ensure that these children are protected from the worst forms of child labour. The Committee requests the Government to continue to provide information on the concrete measures taken and on the results obtained in terms of the numbers of OVC removed from the worst forms of child labour and placed in education or occupational training. To the extent possible, this data should be disaggregated by sex and age.

2. Street children. In its previous comments the Committee asked the Government to provide information on the number of children in the streets who have been protected from the worst forms of child labour, and rehabilitated and socially integrated, as well as on any effective time-bound measure taken to prevent children of less than 18 years becoming victims of forced or compulsory labour, such as begging, and to remove them from these situations while ensuring their rehabilitation and social integration.

The Committee takes full note of the information provided by the Government regarding the measures taken and the results obtained. The government indicates, among other matters, that for the August 2018 – June 2021 period, 16,839 local inhabitants had been made aware of the phenomenon of children and youths living in the streets, and 5,904 street children and youths had been placed in emergency shelters. The Government indicates that in June 2021, 239 children and youths were present in the emergency shelters, 177 children and youths were continuing the stabilization process in other specialized educational structures, and 102 children had been returned to the regions for follow-up by the regional directorates for women, national solidarity, the family and humanitarian action. Of these, 55 had been placed in school and 47 in occupational training. The Government also indicates that it has placed 414 children in education and occupational training centres, including 189 children retrieved through the operation to remove children and youths from the streets. The Committee requests the Government to continue to provide information on the number of street children that have been protected against the worst forms of child labour, including forced or compulsory labour such as begging, rehabilitated and socially integrated through the various measures taken for this purpose.

Article 8. International cooperation and assistance. Poverty eradication. In its previous comments, the Committee took note of the replacement of the Strategy for Accelerated Growth and Sustainable Development 2011-2015 by the National Economic and Social Development Plan 2016-2020 (PNDES), which assigns a key role to combating child labour. The Committee requested the Government to provide information on the results achieved in terms of reducing the incidence of poverty, particularly as part of the implementation of the PNDES.

The Committee notes the information provided by the Government on results obtained by the implementation of the PNDES. These include the establishment of a Programme to Support Local Economy Development (PADEL), at a cost of 339 billion CFA francs; and of an Emergency Programme for the Sahel; the formulation of a first draft of an Act providing guidance in respect of territorial planning; the elaboration of a draft territorial planning and sustainable development map; as well as the establishment of the National Observatory for the Territorial Economy. Noting once again that poverty reduction programmes contribute to breaking the cycle of poverty, which is essential for the elimination of the worst forms of child labour, the Committee strongly encourages the Government to pursue its efforts to reduce the incidence of poverty. It again requests the Government to provide information on the results achieved, especially with regard to the effective reduction of poverty in vulnerable households and the impact observed on the elimination of the worst forms of child labour.

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 3(a) and 7(1) of the Convention. Sale and trafficking of children and penalties. In its previous comments, the Committee noted the considerable extent of internal and cross-border trafficking of children for the labour exploitation. While noting the figures provided by the Government on the number of convictions and sanctions imposed by the courts in this regard, the Committee observed that the number of prosecutions and convictions remain low in light of the high number of presumed child victims of trafficking (1,099 in 2015). The Committee therefore encouraged the Government to step up its efforts to ensure that the criminal law concerned, Act No. 029 2008/AN of 15 May 2008 on combating the trafficking in persons and similar practices, are effectively implemented and that the capacities of the enforcement bodies are strengthened.

The Committee notes the statistics provided by the Government in its report, according to which ten new cases were filed with the courts of the first instance in 2018, four in 2019 and four in 2020. There were six prosecutions in 2018 and five in 2019. Only five convictions were handed down in 2019. However, the 2018 national report on the trafficking of persons in Burkina Faso states that 1,047 presumed victims of trafficking were intercepted, of which 962 were children under 18 years of age. Moreover, in its report, the Government indicates that thanks to action by the National Committee for Vigilance and Surveillance (CNVS), 2,303 child victims of trafficking were intercepted in 2019 (of which 172 were trafficked for the purpose of sexual exploitation and 2,131 for labour exploitation). While noting the efforts made to intercept child victims of trafficking, the committee observes with concern that the number of cases, prosecutions and convictions remains low when compared with the number of presumed child victims of trafficking. Recalling that the established sanctions are only effective if they are actually applied, the Committee urges the Government to take the necessary measures without delay to ensure that thorough investigations and prosecutions are carried out of persons who violate the provisions related to the sale and trafficking of children and that effective and dissuasive sanctions are imposed on them in application of Act No. 029 2008/AN of 15 May 2008 on combating the trafficking in persons and similar practices. In this regard it again 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 requests the Government to continue providing concrete information on the application of the provisions related to the worst forms of child labour, especially by providing statistics on the number of convictions and penal sanctions imposed.

Article 6. Plan of action and application of the Convention in practice. Sale and trafficking of children. The Committee previously noted with regret 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, and the implementation of a national study for evaluating action against trafficking in children remained unchanged.

The Committee again notes with regret that the PAN-LTVS and the national study for evaluating action against trafficking in children remain unfinished. The Government indicates that a national study on violence against children in Burkina Faso was validated in 2018, and that a national action plan on violence against children, 2021–23, was adopted in September 2020. The Committee notes, however, that this action plan does not address the specific issues related to the scourge of sale and trafficking of children. The Committee further notes, according to the 2018 national report on the trafficking of persons in Burkina Faso, published in 2020, that the Government encountered difficulties in combating the trafficking of persons and children, including the non-functioning of the CNVS, the situation of insecurity in the country and insufficient resources. The Committee recalls that under Article 6 of the Convention, the Government shall design and implement programmes of action to eliminate as a priority the worst forms of child labour, including the sale and trafficking of children for the purposes of their sexual or commercial exploitation, and that this is made more important still by the prevalence of the problem in the country and the difficulties encountered by the Government in combating the problem. The Committee therefore again 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.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and providing 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. Further to its previous comments, the Committee notes the detailed information provided by the Government regarding measures taken to prevent children from becoming victims of trafficking for the purposes of sexual exploitation or labour exploitation and to remove child victims for rehabilitation and social integration, as well as the results achieved. In particular, the Government indicates that 685 vulnerable children have been fostered, 10,890 persons were made aware of the issue of trafficking, displacement and the worst forms of child labour and that 29,337 vulnerable children had been enrolled or re-enrolled in school.

The Committee further notes the Government’s indication that Burkina Faso has, since 2018, implemented the subregional project to assist and protect children on the move (DFID), with the assistance of UNICEF. The results achieved include the following: (i) 9,894 displaced children or other vulnerable children have received high-quality protection; (ii) 2,871 children and youths have benefited from psychosocial care; (iii) 3,769 displaced children, including 769 migrant children in transit, 547 returning children and 349 internally displaced children have received support through 13 regional directorates of social action; (iv) 803 displaced children have benefited from sustainable reintegration, 4,319 children have been issued birth certificates; and (v) 1,083 multisectoral actors (frontier officers responsible for security, social, education and health officers) have received training on child mobility, case management, and the child protection information management system (CPIMS+). 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 and quarries. In its previous comments, the Committee noted that around one third of the population at the 86 small-scale gold mines were children, making a total of 19,881 children, of whom 51.5 per cent were boys and 48.6 per cent were girls, used in all forms of mining operations, such as work in mine galleries, dynamiting of rocks, rock breaking, crushing and sieving, selling water and hauling minerals to sheds. The Committee urged 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.

The Committee notes the information provided by the Government according to which several measures have been taken to remove children from the worst forms of child labour. These include: monitoring and visits to the gold mining sites by the monitoring services accompanied by the security forces; information and awareness-raising activities on the gold mining sites; the development of income-generating activities to assist the families of children removed from gold mining sites; and socio-occupational integration for children removed from work in gold mines. The Committee also notes that according to the information available on the UNICEF website, around 3,000 children are removed from small-scale gold mines each year and re-enrolled in school or in occupational training. The Committee strongly encourages the Government to pursue its efforts, with UNICEF or otherwise, to remove children from the worst forms of child labour in small-scale gold mines and quarries, and ensure their rehabilitation and social integration. The Committee requests the Government to provide information on progress made and results achieved in this regard.

Article 8. International cooperation and assistance. Regional cooperation regarding the sale and trafficking of children. Further to its previous comments, the Committee notes with interest the information from the Government according to which the tripartite cooperation agreement with Togo and Benin was signed on 23 December 2019. The objectives of this agreement are to: (i) prevent and repress child trafficking through effective cooperation between the three States; (ii) protect, rehabilitate, reintegrate and reinsert displaced children or victims of cross-border trafficking in a protective environment; (iii) cooperate in the investigation, arrest, prosecution and extradition of the guilty through the competent authorities in each State; and (iv) establish systems to protect and accompany these children. A permanent monitoring committee has been established to follow up and evaluate action carried out in the framework of this agreement. In addition, the Government indicates that an agreement to protect displaced children was signed on 31 July 2019 in the framework of the existing friendship and cooperation treaty between Burkina Faso and Côte d’Ivoire. In view of the importance of cross-border trafficking in the country, the Committee requests the Government to provide information on the implementation of the cooperation agreement signed with Togo and Benin, as well as the agreement signed with Côte d’Ivoire, as well as the funds allocated to such agreements. Please also provide information on the results achieved in terms of interception of child victims of sale or trafficking, as well as their rehabilitation, social reintegration and repatriation.

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

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

Article 6 of the Convention. Plan of action and application of the Convention in practice. National Action Plan to Combat the Worst Forms of Child Labour in Burkina Faso 2011–15 (PAN/PFTE). Following its previous comments, the Committee notes the information provided by the Government in its report according to which the implementation of the PAN/PFTE has resulted, inter alia, in a strengthening of the capacities of the labour inspectorate, thereby boosting monitoring in sectors of activity where there is likely to be a high incidence of the worst forms of child labour. In this regard, 258 inspections were carried out in gold mining, cotton growing and the informal sector. Also under the PAN/PFTE, 2,203 persons have been trained in prevention and protection activities against the worst forms of child labour; 6,178 children have been trained and provided with work equipment, education scholarships and financial support; and support has been provided for the operation of the 116 telephone helpline for reporting violence against children (1,389 children have been rescued in this way). Lastly, the Government indicates that 12,385 children exposed to the worst forms of child labour have been removed from such labour and provided with care as a result of the measures adopted.

The Committee notes the Government’s indication that the PAN/PFTE came to an end in 2015. The evaluation of its implementation in 2016 made it possible to identify the strengths and weaknesses of the project and to make recommendations, including the need to establish a new national reference framework for combating the worst forms of child labour. In this regard, the Government indicates that the “National Strategy to Combat the Worst Forms of Child Labour 2018–25” (SN-PFTE) has been approved and is awaiting adoption by the Council of Ministers. The general objective of the SN-PFTE is to eliminate the worst forms of child labour by 2025. The Committee requests the Government to provide information on the adoption and implementation of the SN-PFTE, and on all progress made in this respect and the results achieved. The Committee requests the Government once again to provide detailed 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 offences, investigations, prosecutions, convictions and penalties imposed. To the extent possible, this data should be disaggregated by age and gender.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. In its previous comments, the Committee noted the adoption of the Strategic Development Programme for Basic Education 2012–21 (PDSEB), which includes the strategic goal of achieving universal primary school attendance by 2021. The Committee noted the various measures adopted by the Government in order to improve the school enrolment rate in Burkina Faso and the progress achieved in this regard. However, the Committee noted that in 2012–13 the net school enrolment rate was 63.2 per cent at national level (63.5 per cent for boys and 62.8 per cent for girls). Moreover, the primary school completion rate remained very low, standing at 59.5 per cent (59.3 per cent for boys and 59.7 per cent for girls).

The Committee notes the Government’s detailed information to the effect that a number of specific measures have been taken to ensure access to free basic education for all children, the quality thereof and their retention therein, and thereby to increase the school enrolment and completion rates. The Government provides information, inter alia, on the measures taken as part of the PAN/PFTE to increase the school enrolment and completion rates, including the setting up of 1,240 school canteens to support children in need and the granting of 42,275 scholarships and 35,439 school kits to children from vulnerable families. Moreover, the Government indicates that a raft of measures have been adopted in relation to strengthening the school infrastructure, at both primary and post-primary levels, for example through the construction of new classrooms and new schools for general education. The Government also indicates that steps have been taken to ensure the proper equipment of classrooms, the provision of adequate human resources in terms of quantity and quality, and improvements to the standards of hygiene, health and nutrition for pupils.

The Committee duly notes the Government’s indication that these and additional efforts have resulted in a gross school enrolment rate of 86.1 per cent (85.9 per cent for boys and 86.4 per cent for girls) and a net school enrolment rate of 71.1 per cent (71.2 per cent for boys and 71 per cent for girls), which represents a clear improvement over the 2012–13 rates. However, the Committee notes that not only does the primary school completion rate indicated by the Government for 2015–16 remain very low, but it represents a slight drop in comparison with the 2012–13 rate, namely 58.2 per cent (55.3 per cent for boys and 61.3 per cent for girls). Considering that the retention of children in school is key to preventing and combating their engagement in the worst forms of child labour, the Committee stresses the need to improve the functioning of the educational system through measures that aim in particular to increase school attendance rates and reduce school drop-out rates (see General Survey of 2012 on the fundamental Conventions, paragraph 570). The Committee therefore urges the Government to intensify its efforts to strengthen the functioning of the education system, including by taking steps to increase school enrolment and completion rates. The Committee requests the Government to continue providing information on the measures taken in this respect.

Clause (d). Identifying children at special risk. HIV/AIDS orphans. In its previous comments, the Committee duly noted the detailed information from the Government on the measures taken for the protection of people living with HIV/AIDS and for orphans and vulnerable children (OVCs) but observed that there were still some 120,000 HIV/AIDS orphans in Burkina Faso in 2013.

The Committee notes that, according to UNAIDS statistics, the number of OVCs in Burkina Faso continues to decrease, with some 71,000 in 2015. Furthermore, the Committee notes with interest the Government’s indication that 15,000 OVCs received financial support in the form of payment of school fees in 2016 and that 15,028 OVCs have received the same kind of support in 2017. The Committee encourages the Government to pursue its efforts to protect OVCs and requests it to continue providing information on the results achieved in terms of the number of OVCs whose engagement in the worst forms of child labour has been prevented in this way.

Article 8. International cooperation and assistance. 1. Regional cooperation regarding the sale and trafficking of children. Further to its previous comments, the Committee notes the Government’s indication that Burkina Faso has just approved a draft tripartite cooperation agreement on the protection of children in situations of cross-border mobility with Togo and Benin. The agreement has yet to be submitted to the other two parties for amendment prior to the signing of the final agreement by the three countries concerned. The Committee encourages the Government to pursue its efforts to strengthen international cooperation and assistance to eliminate the trafficking of children for economic or sexual exploitation and requests it to continue providing information on the results achieved in this respect, including with regard to the tripartite cooperation agreement.

2. Poverty eradication. In its previous comments, the Committee took note of the Strategy for Accelerated Growth and Sustainable Development 2011–15 (SCADD), of which the PAN/PFTE formed part.

Moreover, the Committee notes the Government’s indications that, despite huge problems such as the socio-political upheaval and economic difficulties that have marked recent years, the implementation of the PAN/PFTE has generated important results in terms of reduction of the economic vulnerability of the beneficiaries. Indeed, area of action No. 5 of the PAN/PFTE aimed in particular at strengthening the capacities of vulnerable households, including through the development of income-generating activities and improvements to techniques of production. This support has also included the creation of 2,244 micro-projects for income-generating activities, the provision of thousands of tonnes of seed and fertilizer to 946,695 households and the purchase of ploughs and draught animals at preferential rates by thousands of households, thereby enabling them to increase production.

The Committee notes the Government’s indication that the SCADD, which came to an end in 2015, has been replaced by the National Economic and Social Development Plan 2016–20 (PNDES), which assigns a key role to combating child labour. Noting once again that poverty reduction programmes contribute to breaking the cycle of poverty, which is essential for the elimination of the worst forms of child labour, the Committee strongly encourages the Government to pursue its efforts to reduce the incidence of poverty, particularly as part of the implementation of the PNDES. It requests the Government to provide information on the results achieved, especially with regard to the effective reduction of poverty in vulnerable households and the impact observed on the elimination of the worst forms of child labour.

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

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.

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

Article 7(2) of the Convention. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. Further to its previous comments, the Committee notes the detailed information provided by the Government concerning the adoption of the “Programme for the strategic development of basic education” (PDSEB), covering the 2012–21 period. One of the strategic goals of the PDSEB is to achieve universal primary school attendance by 2021. The Government indicates that, despite the efforts made in recent years, Burkina Faso will be unable to achieve universal school attendance by 2015 but that, under the PDSEB, the intermediate goal is to achieve a primary school completion rate of 75.1 per cent by 2015. The PDSEB also seeks to increase the transition rate from primary to post-primary education to 93.2 per cent by 2015 and then to 95 per cent by 2021, achieving gender parity by 2025.

The Committee notes that, according to the information provided by the Government in relation to the Minimum Age Convention, 1973 (No. 138), efforts have been made by the State, and its partners, to improve the primary school enrolment rate. Among other things, the budget for the Ministry of National Education has been considerably increased, which has enabled improvements in education in terms of the building of new infrastructure (the number of classrooms increased from 43,661 in 2011–12 to 47,709 in 2012–13) and the recruitment of a significant number of teachers (increasing from 43,330 in 2011–12 to 47,271 in 2012–13). The Committee notes with interest the Government’s indication that the gross primary school enrolment rates rose from 79.6 per cent in 2011–12 (81.1 per cent for boys and 78.1 per cent for girls) to 81.3 per cent in 2012–13 (81.6 per cent for boys and 81 per cent for girls).

However, the Committee notes that, according to statistics from the Ministry of National Education and Literacy for 2012–13, the net school enrolment rate is 63.2 per cent at national level (63.5 per cent for boys and 62.8 per cent for girls). Moreover, the primary school completion rate remains very low, standing at 59.5 per cent in 2012–13 (59.3 per cent for boys and 59.7 per cent for girls). Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee strongly requests the Government to intensify its efforts to ensure access to free basic education for all children. The Committee requests the Government to continue providing information on the specific measures adopted in this respect and their impact on increasing the school enrolment and completion rates.

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. The Committee previously noted that the Government, through the Ministry of Social Action and National Solidarity (MASSN), has been conducting awareness-raising activities for the main parties affected by the sale and trafficking of children. It also noted that victims of trafficking in Burkina Faso are catered for in transit centres, where boys and girls have separate accommodation. The victims are provided with food, clothing, and medical and psychosocial care, and those suffering from trauma receive additional psychological support. The repatriation of foreign victims of trafficking is not compulsory, particularly where victims are likely to be subject to reprisals in their country of origin.

The Committee notes with interest the Government’s indications that, from January 2009 to December 2013, a total of 5,684 children who were victims of trafficking were intercepted, cared for in transit centres and reunited with their families. Of this total, 4,802 were victims of internal trafficking (1,562 girls and 3,240 boys) and 882 were victims of cross-border trafficking (177 girls and 705 boys). All these children received assistance in the form of food, clothing and medical care. Psychological support was provided for some children. The Committee strongly encourages the Government to continue its efforts to prevent children under 18 years of age from becoming victims of trafficking for economic or sexual exploitation and to remove children from 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. Project for small-scale gold mines in West Africa. In its previous comments, the Committee noted the Government’s information to the effect that it had implemented a project in partnership with UNICEF entitled “Child labour in small-scale mines and quarries”, involving activities in 23 small-scale mines and quarries in five regions of Burkina Faso. The Committee noted that, as part of the project, the Government had undertaken a study on child labour in small-scale gold mines and quarries in the five aforementioned regions. The study showed that around 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). Children were used at all levels of mineral extraction, 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 the Government’s statement that it is still implementing the “Child labour in small-scale mines and quarries” project in partnership with UNICEF. To date, the project has resulted in the removal of thousands of children from small-scale gold mines, who have then benefited from various alternatives, including: training in the BISONGO learning centres established at the gold mines; enrolment or re-enrolment in school; and helping the oldest children to take up gainful employment or enrol in training centres of the National Employment Promotion Agency with a view to apprenticeships in various trades. The Committee strongly encourages the Government to continue its efforts to remove children from the worst forms of child labour in small-scale gold mines and to ensure their rehabilitation and social integration in the context of the UNICEF project “Child labour in small-scale mines and quarries” or through any other time-bound measures. It requests the Government to continue providing information on the results achieved.

Clause (d). Identifying children at special risk. HIV/AIDS orphans. Further to its previous comments, the Committee notes the detailed information from the Government on the measures taken for the protection of people living with HIV/AIDS and for orphans and vulnerable children (OVCs). The Committee notes with interest that 217,366 OVCs (including 108,653 girls) have so far received various forms of support in the context of the “Strategic framework for combating HIV/AIDS 2011–15”. A total of 85,675 OVCs, including 44,212 girls, have received support for education and apprenticeships. In addition, 1,500 OVCs who were no longer in school have been placed in trade apprenticeships as part of their social and economic integration. In October 2013, the Government also adopted enhanced social protection measures to alleviate the suffering of vulnerable population groups, including OVCs. Accordingly, 10,200 OVCs have had their school fees paid, 12,000 have received school kits, 1,200 have received health kits, 2,700 have been provided with bicycles to make the journey easier between home and school, and more than 12,000 families have been provided with food aid. The Government indicates that these actions have been stepped up in 2014.

However, the Committee notes that, according to UNAIDS estimates, there were some 120,000 HIV/AIDS orphans in Burkina Faso in 2013. The Committee therefore strongly encourages the Government to continue its efforts for the protection of HIV/AIDS orphans and requests it to continue providing information on the results achieved in terms of the number of OVCs whose engagement in the worst forms of child labour was prevented in this way.

Article 8. International cooperation and assistance. 1. Regional cooperation. Further to its previous comments, the Committee notes the Government’s indication that it signed a cooperation agreement with Côte d’Ivoire in 2013 with regard to combating the cross-boundary trafficking of children. Furthermore, the Government indicates that it has stepped up awareness raising campaigns for communities in the border areas adjoining neighbouring countries with regard to the dangers faced by children and the worst forms of child labour. The Committee encourages the Government to continue its efforts to strengthen international cooperation and assistance with a view to eliminating the trafficking of children for economic or sexual exploitation and requests it to continue providing information on the results achieved in this respect.

2. Poverty eradication. In its previous comments, the Committee noted that the “National Plan of Action to combat the worst forms of child labour in Burkina Faso 2011–15” (PAN/PFTE) forms part of the “Strategy for accelerated growth and sustainable development 2011–15” (SCADD), which replaces the poverty reduction strategy framework.

The Committee notes the Government’s information on the measures taken as part of the implementation of SCADD. These include the consolidation of social safety nets for vulnerable groups, the granting of investment and installation credits to finance self-employment for young graduates, pay rises for all public and private sector workers, and increased allowances in the context of national funds and the special job creation programme. Noting once again that poverty reduction programmes contribute to breaking the cycle of poverty, which is essential for the elimination of the worst forms of child labour, the Committee strongly encourages the Government to continue its efforts to reduce the incidence of poverty, particularly in the context of the implementation of SCADD and the PAN/PFTE. It requests the Government to provide information on the results achieved, especially with regard to the effective reduction of poverty among children who are victims of sale and trafficking and those engaged in hazardous work.

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

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.

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

Article 6 of the Convention. Programmes of action. Further to its previous comments, the Committee notes with interest the Government’s indication that on 15 February 2012 it adopted the National Plan of Action to Combat the Worst Forms of Child Labour in Burkina Faso 2011–15 (PAN/PFTE), formulated in collaboration with ILO–IPEC. The general objective of the PAN/PFTE is to reduce the incidence of child labour by 2015 through the adoption of measures and the implementation of political, social, economic and institutional action for the elimination of all of the worst forms of child labour. The Committee notes that the Government of Burkina Faso intends this National Plan of Action to act as the reference for all measures at the national level for the eradication of child labour and its worst forms by 2015. In order to take into account the plans of action already formulated in Burkina Faso and all the measures adopted with those of the PAN/PFTE, a coordination and monitoring committee for the implementation of the PAN will be established under the responsibility of the Ministry of Labour.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. In its previous comments, the Committee noted that the Ten-Year Plan for the Development of Basic Education (PDDEB) provided for a progressive increase in school enrolment and attendance rates and improvements in basic education. In this respect, the Committee noted that the gross school enrolment rate for girls rose from 64.9 per cent in 2005–06 to 79.1 per cent in 2007–08, while that of boys rose from 76.4 per cent to 90.5 per cent over the same period. The Committee further noted that, according to the Education for All Global Monitoring Report of 2008, published by UNESCO and entitled Education for all in 2015: Will we make it?, Burkina Faso will probably achieve gender parity by 2025. However, according to this report, although the country has made enormous progress towards achieving universal enrolment at the primary level, it is unlikely that it will achieve the goal of universal primary education for all by 2015. In this regard, while noting the progress made by the Government in improving the education system, particularly with regard to the gross enrolment rate in primary education, the Committee expressed concern at the low net school attendance rates, both at the primary and secondary levels.

The Committee notes that, according to the UNICEF paper of December 2010, analysing the situation of poverty and vulnerability of children and women in Burkina Faso, the gross primary school attendance rate rose from 34.9 per cent in 1997–98 to 74.9 per cent in 2008–09. However, the same paper indicates that there are particular obstacles to school attendance by girls, and that the attendance rate for girls in primary school was 54.5 per cent in 2008–09, compared with 61.3 per cent for boys. The Committee further notes that, according to the PAN/PFTE, school drop-out rates remain high. According to the school statistics of the Ministry of Basic Education and Literacy for 2008, the lowest drop-out rate recorded is 4.8 per cent and the highest is 10.2 per cent. The rates of pupils having to repeat school years varies between 11 and 43 per cent. Finally, the rate of children staying on in primary school is among the lowest in the subregion. Of each 100 children registered in first-year preparatory courses, only 55 per cent go through to the second year.

The Committee notes that, in the context of the PAN/PFTE, education and vocational training are a specific and priority field of education. The intention is for the PAN/PFTE to address the inadequacy and low quality of some school infrastructure, the shortage and regional disparities in the number of teachers and the high drop-out rate. The objectives are to implement measures to promote school attendance by children, and particularly girls, to provide high quality vocational training for children who are not at school or who have left school, and to improve recognition of vocational training in centres through certification. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee strongly requests the Government to intensify its efforts to improve the operation of the educational system in the country. In this respect, it requests the Government to provide information on the time-bound measures adopted in the context of the implementation of the PAN/PFTE to increase the school attendance rate, at both primary and secondary school. It also requests the Government to provide information on the results achieved.

Clause (d). Identifying and reaching out to children at special risk. 1. HIV/AIDS orphans. In its previous comments, the Committee noted that, according to the report on the global AIDS epidemic published by the Joint United Nations Programme on HIV/AIDS (UNAIDS) in May 2006, the number of children in Burkina Faso orphaned as a result of the virus was around 120,000. It also noted that the Government had drawn up a Strategic National Framework to combat the virus for 2006–10 (CSLS) in collaboration with UNAIDS. The Committee also took due note of the fact that, according to the United Nations General Assembly Special Session on HIV/AIDS (UNGASS) report of January 2008 of Burkina Faso on the follow-up to the Declaration of Commitment on HIV/AIDS, the national strategic framework for combating the virus for 2006–10 (CSLS) allowed psychosocial, economic or spiritual care to be provided to 18,726 orphans and vulnerable children (OVCs) in 2007.

The Committee notes the Government’s indication that all protection strategies benefit OVCs and that the Ministry of Social Action and National Solidarity (MASSN) is implementing strategies for the comprehensive care of OVCs. The Government adds that the OVCs placed in school and benefiting from social action numbered 4,321 in total, including 2,270 girls. The Committee further notes that, according to the activity report of UNAIDS of 2012 on the AIDS response of Burkina Faso, the achievements of the CSLS 2006–10 were consolidated in 2011 and that a CSLS is being implemented for the years 2011 15. The general objective of the CSLS 2011–15 is to contribute to reducing the incidence of HIV and the negative impact of HIV on social and economic development in Burkina Faso. In this context, one of the specific objectives of the CSLS 2011–15 is to ensure that at least 90 per cent of the OVCs resulting from AIDS benefit from comprehensive care. In this regard, the Committee observes that 92,437 OVCs were supported in 2011 with a view to providing them with better living conditions. While taking due note of the measures adopted by the Government, the Committee observes that, according to the UNAIDS report issued in 2010, 140,000 children are HIV/AIDS orphans in Burkina Faso. The Committee is, therefore, bound to express concern at the still high number of children who are still affected by the epidemic. It once again observes that HIV/AIDS has negative consequences for orphans, who are at increased risk of being engaged in the worst forms of child labour. The Committee strongly encourages the Government to intensify its efforts for the protection of child HIV/AIDS orphans and in this respect asks the Government to continue to provide information on the specific time-bound measures adopted in the context of the implementation of the CSLS 2011–15 to prevent these children from being engaged in the worst forms of child labour, and the results achieved.

2. Street children. In its previous comments, the Committee noted that, according to the information provided by the Government in its written replies to the Committee on the Rights of the Child in September 2002 (CRC/C/RESP/18, page 28), 24 per cent of street children were between 7 and 12 years of age, 62 per cent between 13 and 18 years of age, with roughly equal numbers of boys and girls, and 43 per cent of street children engaged in begging. In this respect, the Government indicated that, in collaboration with partners, it had implemented a national action programme for education in an open environment (2005–09), the aims of which included ensuring the support, rehabilitation and socio-economic integration of at least 80 per cent of the children removed from the streets.

The Committee notes the Government’s indications that there are 5,721 street children, of whom 739 are girls and 4,982 are boys. Of the street children, 2,309 are talibé children (11 girls and 2,297 boys). In this respect, the Government indicates that the MASSN prepared over the course of 2010 a document containing protocols for educational interventions in the streets and in the family which allow the various actors in the field of specialized education to have at their disposal reference tools with a view to harmonizing their practices in caring for children living or working in the streets. The Government adds that the MASSN is undertaking various types of preventive action, resulting in 5,075 street children in 2010 benefiting from psychosocial support, 7,558 children receiving medical care, 1,670 children being vaccinated and 610 children being provided with school support. Furthermore, in relation to care for street children, the decentralized services of the MASSN and their partners are intended to meet the basic social protection, health and security needs and to participate in the socio-economic and cultural development of the children concerned. During the course of 2011, a total of 4,276 street children benefited from various services, including family reintegration, installation in a vocational activity or training, accommodation in a centre or reunions with their parents. Finally, the Government indicates that on 28 and 29 July 2011 it organized a national advocacy forum on the problem of street children in Burkina Faso. The objective of the forum was to analyse the various categories and problems faced by children on the streets and to identify appropriate strategies for implementation to take up the challenge of their social integration. At the conclusion of its work, the participants, including various partners such as national and local elected representatives, government representatives, civil society and religious communities, made proposals to reinforce measures to combat the phenomenon and undertook to collaborate with the MASSN to improve the support provided for street children. While welcoming the measures taken by the Government, the Committee encourages it to pursue its efforts and requests it to continue providing information on the number of children in the streets who have been protected against the worst forms of child labour, and rehabilitated and socially integrated through the various measures taken for this purpose.

Clause (e). Taking account of the special situation of girls. The Committee noted previously that internal trafficking, which accounts for 70 per cent of cases of trafficking, mainly concerns girls who are engaged in domestic labour or as street vendors in the country’s major cities. It observed that girls, particularly those engaged in domestic work, are often victims of exploitation, which takes on very diverse forms, and it is difficult to monitor their conditions of employment because of the “clandestine” nature of this work.

The Committee notes the Government’s indications that the MASSN, with the support of German cooperation, has undertaken a baseline study on the situation of child domestic workers in eight communes in the East, Centre-East and South-West of Burkina Faso. The Government indicates that this study, the objective of which was to provide reliable baseline data with a view to establishing a programme to improve the living and working conditions of child domestic workers, and particularly girls, has provided the basis for the preparation of a plan of action which is to be implemented in 2012. The Committee further notes the Government’s indication that it is planned to adopt a code of good practice in relation to girl domestic workers with a view to ensuring respect for their rights in their working environment. Finally, the Government adds that several projects to protect and promote the rights of girl domestic workers have been implemented in the towns of Ouagadougou, Bobo-Dioulasso and Gaoua by the Burkina Faso Red Cross and the NGO Terre des Hommes, and that programmes are being implemented in certain towns to provide girls with training opportunities and prevent their early entry into work. The Committee, therefore, requests the Government to provide information on the number of girls under 18 years of age who have been protected from the worst forms of child labour, with an indication of the number of girl victims of sale and trafficking who have, in practice, been removed from this worst form of child labour in the context of the plan of action on the living and working conditions of child domestic workers, as well as the various projects for the protection, promotion and training of girl domestic workers. The Committee encourages the Government to ratify the Domestic Workers Convention, 2011 (No. 189), which has key provisions for child protection.

Article 8. International cooperation and assistance. Poverty eradication. Further to its previous comments, the Committee notes the Government’s indication that measures to combat poverty are one of its concerns and that many actions are being undertaken with a view to reducing this phenomenon. In this respect, the Committee notes that the National Plan of Action to Combat the Worst Forms of Child Labour in Burkina Faso 2011–15 (PAN/PFTE), formulated in collaboration with ILO–IPEC, forms part of the Strategy for Accelerated Growth and Sustainable Development 2011–15 (SCADD), which replaces the Poverty Reduction Strategy Framework. Noting once again that poverty reduction programmes contribute to breaking the cycle of poverty, which is essential for the elimination of the worst forms of child labour, the Committee requests the Government to provide information on the measures taken to reduce the incidence of poverty, particularly in the context of the implementation of the SCADD and the PAN/PFTE, especially with regard to the effective reduction of poverty among children who are victims of sale and trafficking and those engaged in hazardous work in mines and quarries. It requests the Government to provide information on the results achieved.

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

Articles 3(a) and 7(1) of the Convention. Sale and trafficking of children and sanctions. In its previous comments, the Committee noted the broad extent of internal and trans-border trafficking of children for the exploitation of their labour. The Committee also noted with interest the adoption of Decree No. 2008 332/PRES of 19 June 2008 issuing Act No. 29-2008/AN of 15 May 2008 to combat trafficking in persons and similar practices (Act to combat trafficking in persons and similar practices). The Committee took due note that sections 3 and 4 of the Act to combat trafficking in persons and similar practices provides for terms of imprisonment ranging from five to 20 years. The Committee noted several decisions handed down by the High Court between 2004 and 2007. The Committee also noted that individuals who had been prosecuted for trafficking in children had been found guilty and sentenced to terms of imprisonment ranging from two to 24 months, sometimes accompanied by a fine, and were ordered to pay costs. The Committee, however, observed that, of the seven prison sentences handed down, six were suspended; one person had been sentenced to two months’ imprisonment and another to a fine of 50,000 CFA francs.

The Committee notes the Government’s indications that, in total, 349 cases of the abduction of children and 44 prosecutions for trafficking in children have been recorded by the national courts over the past four years. The Government adds that in 2010 a police operation in the Cascades region resulted in the arrest of 17 traffickers in two days, who were then referred to the judicial authorities. The Government also conducted, with Interpol support, a police operation involving around 100 police officers and around 20 child protection workers, as a result of which, within two days, 173 children were intercepted and protected and 15 traffickers arrested. However, the Committee observes that the Government has not provided any information on the imposition of penalties on those responsible for violations relating to trafficking in children. The Committee also notes that, according to the examination of the reports submitted in accordance with the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (examination of the reports submitted to the CRC/OPSC) of 7 May 2012 (CRC/C/OPSC/BFA/1, paragraphs 47–48), the available data on the cases of trafficking in children registered by the courts are not sufficient to indicate whether prosecutions have been opened in all of the presumed cases of trafficking.

The Committee once again reminds the Government that trafficking in children is a serious crime and that, under Article 7(1) of the Convention, the Government is obliged to take the necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including the application of sufficiently effective and dissuasive penal sanctions. The Committee requests the Government to take the necessary measures to ensure that the penalties imposed on individuals found guilty of trafficking in children are sufficiently effective and dissuasive and that they are applied in practice. It once again requests the Government to provide information in this respect. The Committee further requests the Government to continue providing information on the application in practice of the Act to combat trafficking in persons and similar practices, particularly by providing statistics on the number and nature of the violations reported, investigations, prosecutions, convictions and penal sanctions imposed.

Article 4(1). Determination of hazardous types of work. In its previous comments, the Committee noted that the Ministry of Labour and Social Security had sponsored a study in 2008 to assess the situation with regard to hazardous work and to propose draft legislation prohibiting the performance of these types of work by children. The Committee expressed the firm hope that the draft legislation prohibiting the performance of these types of work by children under 18 years of age and determining these types of work would be drawn up in the near future.

The Committee notes with satisfaction that the Government, in collaboration with the employers’ and workers’ organizations concerned, prepared and adopted Decree No. 2009-365/PRES/PM/MTSS/MS/MASSN of 28 May 2009 to determine 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 that are prohibited for children. The Committee notes that section 5 of the Decree contains a detailed list of hazardous types of work prohibited for children by sector, including agriculture, stock-raising, fishing, agro-forestry and hunting, industry, mines, quarries and gold-washing sites, construction and public works, the informal economy, artisanal work, arts and theatrical representations, transport, and the human and animal health sector.

Article 5. Monitoring mechanisms. National Multi-Sectoral Committee to Combat Trafficking in Persons. The Committee notes the Government’s indication that a National Multi-Sectoral Committee to Combat Trafficking in Persons and Assimilated Practices, chaired by the Department of Social Action, was established by Joint Decree No. 2009-529/PRES/PM/MASSN/MATD/SECU of 17 July 2009. The Multi-Sectoral Committee meets annually in its ordinary session to review action to combat trafficking in persons, identify trends and make recommendations. During the 2011 session the need was identified to train actors in the field, and the necessity to disseminate widely certain papers on trafficking. The Committee requests the Government to continue its efforts to combat trafficking in children by reinforcing the capacity of the bodies responsible for law enforcement, including through the action of the National Multi-Sectoral Committee to Combat Trafficking in Persons. It requests the Government to provide information on the progress achieved in this respect.

Article 6. Plan of action. The Committee notes that, according to the examination of the reports submitted to the CRC/OPSC on 7 May 2012 (CRC/C/OPSC/BFA/1, paragraph 76), national action plans are being prepared, including the National Plan of Action to Combat Trafficking and Sexual Violence against Children in Burkina Faso, which sets out clear strategies for combating child trafficking and the sexual exploitation of children. The Committee requests the Government to provide information on the specific measures adopted or envisaged in the context of the National Plan of Action to Combat Trafficking and Sexual Violence against Children in Burkina Faso, and the results achieved as a result of the implementation of these measures. It also requests the Government to provide a copy of the Plan of Action with its next report.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Sale and trafficking of children. The Committee notes the Government’s indications concerning its initiatives and prevention measures to combat trafficking, particularly of children. Through the Ministry of Social Action and National Solidarity (MASSN), the Government is undertaking awareness-raising activities with the principal stakeholders. Between 2008 and 2009, over 15,000 copies of the Act to combat trafficking in persons and similar practices were made available. These measures are combined with awareness-raising campaigns conducted among at-risk categories of the population through informal talks, cinema discussions and theatrical forums. The Government indicates that its awareness-raising activities as a whole have directly reached out to 70,834 people, including 18,815 men, 19,679 women and 32,340 children. The Committee encourages the Government to continue its efforts to prevent children under 18 years of age from becoming victims of trafficking for economic or sexual exploitation. It requests the Government to provide information on the results achieved following the implementation of the MASSN’s awareness-raising activities.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour. 1. Sale and trafficking of children. Further to its previous comments, the Committee notes the Government’s indications that victims of trafficking in Burkina Faso are put up in transit centres, where boys are separated from girls. These victims are provided with food, medical and psychosocial care and clothing, as well as psychological support for those suffering from trauma, in accordance with the UNICEF guiding principles. The Government adds that victims of trafficking, without distinction as to nationality, benefit from reintegration measures on the basis of projects formulated with their participation with a view to facilitating their integration into the community. The repatriation of foreign victims of trafficking is not compulsory, particularly where victims are likely to be subject to reprisals in their country of origin. The Committee notes that there are now 23 transit centres and that the Government is continuing the construction and equipment of such transit centres in various regions, cities and departments of the country. The Committee notes with interest the Government’s indications that, during the years 2009–11, some 2,299 child victims of internal trafficking (742 girls and 1,557 boys) and 329 child victims of trans-border trafficking (72 girls and 257 boys) were intercepted. The Committee takes due note of the measures adopted by the Government for the removal of children from sale and trafficking and to ensure their rehabilitation and social integration, and it considers these measures to be a demonstration of its political will to eliminate this worst form of child labour. The Committee strongly encourages the Government to pursue its efforts and requests it to continue providing information on the time-bound measures taken for the removal of child victims of sale and trafficking and their rehabilitation and social integration, and the results achieved. It requests the Government to provide information on the number of child victims of trafficking, both internal and trans-border, who have benefited from rehabilitation and social integration measures in transit centres.

2. Project for small-scale gold mines in West Africa. Further to its previous comments, the Committee notes the Government’s indications that it has been undertaking, in partnership with UNICEF, the project “Child labour in artisanal mines and quarries”, launched in 2009 under the coordination of a technical guidance committee chaired by the MASSN. The project activities cover 23 artisanal mines and quarries in five regions of Burkina Faso. The Committee notes that, since the inception of the project in 2009, it has led to the removal of 11,123 children (6,021 boys and 5,012 girls), who benefit from support for their rehabilitation in the education and economic systems. Accordingly, 3,062 children between the ages of 3 and 6 years benefited from pre-school care in bisongos; 6,216 children between 6 and 12 years have been registered in primary school; 897 children between 13 and 17 years of age have been placed in income-generating activities; 948 children between 15 and 17 years of age have been enrolled in vocational training in various sectors in partnership with the National Employment Agency; and 1,000 mothers of children working in mines have benefited from support for income-earning activities with a view to increasing their capacity to protect their children from the worst forms of child labour.

The Committee notes the Government’s indication that, with a view to guiding the project activities more effectively, it undertook a study in 2010 on child labour in gold-washing sites and artisanal quarries in five regions of the country. This study shows that around one third of the population on the 86 artisanal gold-washing sites are children, or a total of 19,881 children, of whom 51.4 per cent were boys and 48.6 per cent girls. The study also reveals the use of children at all levels in the production of minerals, work in mine galleries, dynamiting rocks, rock breaking, crushing and sieving, the sale of food and water and hauling minerals to sheds. On mine and quarry sites, it is generally children who act as intermediaries for access to illicit products (the sale of drugs) or who procure prostitutes. While noting the considerable efforts made by the Government, the Committee is bound to express concern at the number of children engaged in the worst forms of child labour in gold-washing sites and artisanal quarries in Burkina Faso. The Committee, therefore, requests the Government to intensify its efforts to remove children from the worst forms of child labour in artisanal gold mines and to ensure their rehabilitation and social integration in the context of the UNICEF project “Child labour in artisanal mines and quarries” and through any other time-bound measures. It requests the Government to continue providing information on the results achieved.

Article 8. International cooperation and assistance. Regional cooperation. The Committee noted previously that the Government has signed bilateral cooperation agreements on the cross-border trafficking of children with the Republic of Mali and multilateral cooperation agreements on combating the trafficking of children in West Africa.

The Government indicates in its report that Burkina Faso generally enjoys good cooperation with countries in the region, which facilitates the processing of cross-border trafficking cases. For example, solely during the first half of 2012, cooperation with the police in Benin resulted in the interception and repatriation of nine children, all boys, and the arrest of one trafficker. Cooperation with Côte d’Ivoire led to the removal of 14 boys from trafficking and their reintegration into their families. The Committee also notes the Government’s indication that the conclusion of a cooperation agreement with Côte d’Ivoire is envisaged for 2012 and that Burkina Faso is in the process of addressing a specific problem of the trafficking of young girls to Lebanon through the intervention of several ministries of justice, including that of the United States. The Committee encourages the Government to continue its efforts to reinforce international cooperation and assistance for the elimination of the trafficking of children for economic and sexual exploitation and requests it to continue providing information on the results achieved in this respect.

Parts IV and V of the report form. Application of the Convention in practice. The Committee noted previously that a national study on child labour had been conducted in the country and requested the Government to provide a copy of it.

The Committee notes the Government’s indication that Burkina Faso conducted a National Survey of Child Labour (ENTE) in 2006 with the support of ILO/IPEC/SIMPOC. The findings of the survey were published in 2008 and are currently the most recent data on 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, or 1,658,869 child workers. The ENTE also indicates that 1,447,146 children are engaged in hazardous types of work in Burkina Faso, or 35.8 per cent of all children between the ages of 5 and 17 years. Children engaged in hazardous activities are found more in rural than in urban areas (38.5 per cent compared with 19.9 per cent), and boys are more affected than girls (41.4 per cent compared with 29.9 per cent). The sector which employs the largest number of children between the ages of 15 and 17 years in hazardous work is agriculture, fishing and hunting, in which 85.8 per cent (or 774,041 children) of the children involved in the sector are engaged in hazardous types of work. The figures are 88 per cent (219,883 children) in domestic work, 79.7 per cent (58,263 children) in commerce and repairs, 91.5 per cent (27,268 children) in mineral extraction, 84.8 per cent (20,909 children) in manufacturing, water, electricity and gas, 94.4 per cent (10,941 children) in construction and 75.8 per cent (9,909 children) in other services. Expressing concern at the situation and number of children under 18 years of age engaged in hazardous forms of work, the Committee requests the Government to intensify its efforts for the elimination of these worst forms of child labour. It requests the Government to continue providing information on any progress achieved in this respect and on the results obtained. The Committee further asks 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 infringements reported, investigations, prosecutions, convictions and penal sanctions applied. To the extent possible, the information provided should be disaggregated by age and sex.

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

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 3 of the Convention. Worst forms of child labour. The Committee noted the adoption of Act No. 028-2008/AN of 13 May 2008 issuing the Labour Code of Burkina Faso (the Labour Code of 2008) which repealed the Labour Code of 2004. It noted that section 153 of the Labour Code of 2008 prohibits the worst forms of child labour, which are defined in conformity with this provision of the Convention.

Clause 3(d). Hazardous work. Children working on their own account. In its previous comments, the Committee noted that, according to the Government, there is no point in regulating matters relating to children who work on their own account since these persons come under the informal economy and hence are still liable to controls by the labour inspectorate, which carries out general monitoring of conditions of work. The Committee noted that the Labour Code of 2008 applies to employment relationships. However, it noted the information provided by the Government in its report provided under Convention No. 138 that, as soon as there are sufficient human resources to cover all economic activity sectors, it will envisage the possibility of allocating particular competencies to labour inspectors to eliminate child labour in the informal economy, in particular where they are working on their own account. The Committee expresses the hope that the Government will be able, in the near future, to take measures to increase the number of labour inspectors and guarantee the protection provided for by the Convention to children who are working in the informal economy or on their own account. It requests the Government to provide information in this regard.

Article 4(1). Determination of types of hazardous work. Referring to its previous comments, the Committee noted that, under section 153(1) and (2)(4) of the Labour Code of 2008, work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children is regarded as one of the worst forms of child labour and is prohibited. The list of these types of work is determined by a decree issued by the Council of Ministers after consultation with the most representative organizations of workers and employers in the occupational branch and following the opinion of the National Technical Advisory Committee on Occupational Safety and Health. The Committee also noted the information provided by the Government that the Ministry of Labour and Social Security has sponsored a study in 2008 to assess the situation with regard to hazardous work and propose draft legislation prohibiting the carrying out of these types of work by children. A workshop to validate the study will be organized and employers’ and workers’ organizations and the main actors involved in combating child labour and its worst forms will participate. The Committee expresses the firm hope that the workshop to validate the study on hazardous work will be organized as soon as possible and that the draft legislation prohibiting the carrying out of these types of work by children under 18 years of age and determining these types of work will be drawn up in the near future. It requests the Government to provide information on any progress made in this regard.

Article 6. Programmes of action. The Committee previously asked the Government to provide information on the operation of the Department for Combating Child Labour and its worst forms. In this regard, the Government indicated that this Department was created mainly to devise and follow through the implementation of the national policy on combating child labour and its worst forms and participate in discussion bodies on child labour and its worst forms. The Government indicated that a national policy has not yet been devised. The Committee expresses the hope that the Department for combating child labour and its worst forms will be able, in the near future, to devise a national policy on combating child labour and its worst forms and requests the Government to provide a copy as soon as it has been drawn up.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. In its previous comments, the Committee noted the high illiteracy rate, particularly among women, the very low enrolment rate in primary and secondary education and the very high drop-out rate in primary education. It noted, however, that the Ten-Year Plan for the Development of Basic Education (PDDEB) provided for a gradual increase in school enrolment and attendance rates and improvements in basic education. In this regard, the Committee noted that, according to the half-yearly report on the implementation of the PDDEB for January to June 2006, the rate of school attendance improved in Burkina Faso.

The Committee took note of the information provided by the Government that the rate of school attendance in the country is continuing to improve. According to the statistics provided by the Government, the gross enrolment rate of girls increased from 64.9 per cent in 2005–06 to 79.1 per cent in 2007–08, and for boys, the rate increased from 76.4 per cent to 90.5 per cent for the same period. The Committee also noted that, according to the Education for All Global Monitoring Report of 2008, published by UNESCO and entitled Education for All in 2015: Will we make it?, Burkina Faso will probably achieve gender parity by 2025. However, according to this report, although the country has made enormous progress towards achieving universal enrolment at the primary level, it is unlikely that it will achieve the goal of universal primary education for all by 2015. In this regard, it noted that, according to the UNICEF statistics from 2006, the net school attendance rate at the primary level is 44 per cent for girls and 49 per cent for boys, and at the secondary level, 15 per cent for girls and 17 per cent for boys.

The Committee, while noting the progress made by the Government in improving the education system, particularly with regard to the gross enrolment rate in primary education, expressed concern at the low net school attendance rate, both at the primary and secondary levels. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee urges the Government to step up efforts to improve the operation of the education system in the country. In this regard, it requests the Government to provide information on the time-bound measures taken in the context of the implementation of the PDDEB to increase school attendance rates, both in primary and secondary education. The Committee requests the Government to provide information on the results achieved.

Clause (d). Identifying and reaching out to children at special risk. HIV/AIDS orphans. The Committee previously noted that, according to the report on the global AIDS epidemic published by the Joint United Nations Programme on HIV/AIDS (UNAIDS) in May 2006, the number of children in Burkina Faso orphaned as a result of the virus is approximately 120,000. It also noted that the Government has drawn up a strategic national framework to combat the virus for 2006–10, in collaboration with UNAIDS. The Committee took due note of the information provided by the Government concerning the measures taken to protect HIV/AIDS orphans. It noted, in particular, that these measures have made it possible, in particular, to provide education and training to at least 10,000 orphans and vulnerable children (OVC) and provide them with food, healthcare and psychological support. Furthermore, the Government has provided assistance to households which accommodate OVCs and has set up structures to create income-generating activities. The Committee also took due note that, according to the UNGASS report of January 2008 of Burkina Faso on the follow-up to the Declaration of Commitment on HIV/AIDS, the national strategic framework for combating the virus for 2006–10 has allowed psychosocial, economic or spiritual care to be provided to 18,726 OVCs in 2007. Furthermore, according to the information contained in the fact sheet on HIV/AIDS of 2008 of the Joint United Nations Programme on HIV/AIDS (UNAIDS) and the World Health Organization (WHO), there are around 100,000 HIV/AIDS orphans in Burkina Faso.

Although noting a reduction in the number of HIV/AIDS orphans between 2006 and 2008, the Committee expressed concern at the fact that a high number of children are still affected by the epidemic. It observed that HIV/AIDS has negative consequences on the orphans, whose risk of becoming engaged in the worst forms of child labour is increased. The Committee urges the Government to step up efforts to protect HIV/AIDS orphans and requests the Government to continue providing information on the specific time-bound measures taken in the context of the implementation of the national strategic framework for combating the virus, to prevent these children from becoming engaged in the worst forms of child labour.

Street children. In its previous comments, the Committee noted that, according to the information provided by the Government in its written replies to the Committee on the Rights of the Child in September 2002 (CRC/C/RESP/18, page 28), 24 per cent of street children are between seven and 12 years of age, 62 per cent are between 13 and 18 years of age, with roughly equal numbers of boys and girls, and 43 per cent of street children engage in begging. In this regard, the Government indicated that, in collaboration with partners, it has implemented a national action programme for education in an open environment (2005–09), which aims to support and ensure the rehabilitation and socio-economic integration of at least 80 per cent of children removed from the streets. The Committee noted the information provided by the Government concerning the number of children and young persons who were supervised in rehabilitation facilities between 2005 and 2006. According to that information, 469 children were managed in an open environment and 551 in a closed environment. The Committee encourages the Government to continue its efforts and requests it to continue providing information on the time-bound measures taken, in particular in the context of the implementation of the national action programme for education in an open environment to protect street children against the worst forms of child labour and to ensure their rehabilitation and social integration.

Parts IV and V of the report form. Application of the Convention in practice. The Committee previously noted that a national study on child labour had been conducted in the country and requested the Government to provide a copy of that study. The Committee noted the Government’s indication that the study on child labour has not yet been returned. The Committee expresses the firm hope that the study will be returned and validated in the near future. It requests the Government to provide information in this regard and to provide a copy of the study as soon as it has been validated.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

Article 3, clause (a), and Article 7(1), of the Convention. Sale and trafficking of children and sanctions. In its previous comments, the Committee noted that there is a high level of trafficking of children for labour exploitation both within the country and as a source of child labour for other countries. The Committee also noted with interest that, since the adoption and implementation of Act No. 038 2003/AN of 27 May 2003 defining and repressing the trafficking of children (Act No. 038-2003/AN of 27 May 2003), 31 cases of trafficking had been prosecuted in the 19 higher courts and 18 individuals had been sentenced to terms of imprisonment ranging from one to three years.

The Committee noted with interest the adoption of Decree No. 2008-332/PRES of 19 June 2008 promulgating Act No. 029-2008/AN of 15 May 2008 on combating trafficking in persons and similar practices (Act on combating trafficking in persons and similar practices). Under section 26 of this Act, Act No. 038-2003/AN of 27 May 2003 is repealed. The Committee took due note that sections 3 and 4 of the Act on combating trafficking in persons and similar practices provides for terms of imprisonment ranging from five to 20 years.

The Committee noted the information provided by the Government that it has continued and stepped up its efforts to combat the trafficking of children. It also noted the several court decisions handed down by the High Court between 2004 and 2007. The Committee noted that the individuals who have been prosecuted for the trafficking of children were found guilty and sentenced to terms of imprisonment ranging from two to 24 months, sometimes accompanied by a fine, and were ordered to pay costs. The Committee noted, however, that of the seven prison sentences handed down, six were suspended; one person was sentenced to two months’ imprisonment and another to a fine of 50,000 CFA francs. The Committee reminded the Government that the trafficking of children is a serious crime and that, under Article 7(1), of the Convention, the Government is obliged to take the necessary measures to ensure the effective implementation and enforcement of the provisions giving effect the Convention, including the application of sufficiently effective and dissuasive penal sanctions. The Committee requests the Government to take the necessary measures to ensure that the penalties imposed on individuals found guilty of trafficking of children are sufficiently effective and dissuasive and that they are applied in practice. It requests the Government to provide information in this regard. The Committee also requests the Government to continue providing information on the application in practice of the Act on combating trafficking in persons and similar practices, including in particular, statistics on the number and nature of violations reported, investigations, prosecutions, convictions and penal sanctions imposed.

Article 7(2). Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of labour. 1. Sale and trafficking of children. The Committee previously took due note of the information provided concerning the implementation in the country of the ILO–IPEC Programme on Combating Trafficking in Children for Labour Exploitation in West and Central Africa (LUTRENA) and noted, in particular, that 632 children had benefited from the project and from educational support. It requested the Government to continue providing information on the measures taken in the context of the implementation of the LUTRENA programme. The Committee noted with interest the information provided by the Government that 716 children have been intercepted and returned to their families with the support of the social, technical and financial partners, including the vigilance committees. It also noted the Government’s indication that, to ensure better care for victims of trafficking and their reintegration into their families, transit centres have been equipped with facilities in the three provinces of Fada, Pama and Diapaga. The Committee also noted that financial assistance is given to families of child victims of trafficking for income-generating activities and the children are placed in workshops and various vocational training centres or reintegrated into the school system. Furthermore, the Wend Zoodo reception centre has been renovated and four literacy centres have been equipped with facilities. Finally, the Committee noted that the country is participating in phase V of the LUTRENA programme. The Committee took due note of the measures taken by the Government to remove children from sale and trafficking and to ensure their rehabilitation and social integration, which it regards as a manifestation of its political will to eliminate this worst form of child labour. The Committee strongly encourages the Government to continue its efforts and requests it to provide information on the time-bound measures taken in the context of the implementation of phase V of the LUTRENA programme to remove child victims from sale and trafficking by indicating, in particular, the number of children who have actually been removed from this worst form of labour, and on the specific rehabilitation and social integration measures taken for these children.

2. Project for small-scale gold mines in West Africa. In its previous comments, the Committee noted that Burkina Faso is participating in the ILO–IPEC project entitled “Prevention and elimination of child labour in artisanal gold mining in West Africa (2005-2008)” (the ILO–IPEC project on artisanal gold mining), the objective of which is to remove children from gold mines, while establishing structures to prevent child labour and to support local activities, particularly those aimed at enhancing the safety and boosting the income of adults working in the mines. The Committee noted that, according to the information contained in the 2007 ILO–IPEC activity report on the project in small-scale gold mines, more than 240 children had been prevented from being employed in hazardous work in gold mines and were receiving a school education.

The Committee noted with interest the detailed information provided by the Government concerning the ILO–IPEC project on artisanal gold mining which has been implemented on the gold-bearing site of Gorol Kadjè in Séno and the gold-bearing site of Ziniguima in Bam. It noted, in particular, that two small schooling programmes have been implemented which have allowed the schooling of 248 children, including 130 girls, namely 93 children on the Ziniguima site in Bam by the NGO Coalition in Burkina Faso for Children’s Rights (COBUFADE) and 155 children on the Gorol Kadjè site in Séno by the NGO Action for the Promotion of Children’s Rights in Burkina Faso (APRODEB). Overall, 657 children have been removed from the worst forms of labour in gold washing and have benefited from pre-school and school services, support in the form of school equipment, school clothing and afternoon snacks, and medical care. Furthermore, 16 groups of villagers have been created for income-generating activities in animal fattening, trading, dyeing and soap manufacture, including six groups of women and two groups of girls.

The Committee noted that two ILO–IPEC programmes are currently being implemented in the country, namely a programme on the rehabilitation and integration of child gold washers on the gold-bearing site of Gorol Kadjè through education and vocational training, and another which concerns support for the schooling of 310 children and the integration of 90 child workers, the protection of 120 child workers in the context of three young person clubs, support for income-generating activities for 90 mothers of gold-washing children and the mobilization of the community on the Ziniguima site. Finally, the Committee noted that a basic study on child labour in gold washing in Ziniguima and Gorol Kadjè is being carried out in the country. The Committee requests the Government to continue its efforts to remove children from the worst forms of child labour in small-scale gold mines. It also requests it to continue providing information on the time-bound measures taken, particularly in the context of the implementation of the two ILO–IPEC programmes currently under way in the country, to provide the necessary and appropriate direct assistance for the removal of children from this worst form of child labour and for their rehabilitation and social integration. Furthermore, the Committee requests the Government to provide information on the basic study on child labour in gold washing in Ziniguima and Gorol Kadjè as soon as it has been completed.

Clause (e). Taking account of the special situation of girls. The Committee previously noted that, according to ILO–IPEC information on the LUTRENA programme, internal trafficking, which accounts for 70 per cent of cases, mainly concerns girls who are engaged in domestic labour or working as street vendors in the country’s major cities. It noted that girls, particularly those employed in domestic work, are often victims of exploitation, which takes on very diverse forms, and it is difficult to monitor their conditions of employment because of the unauthorized nature of this work. The Committee requested the Government to provide information on the measures taken in the context of the LUTRENA programme to protect girls against labour and sexual exploitation. The Committee noted the information provided by the Government concerning the measures it has taken in the context of the ILO–IPEC project on artisanal gold mining to take into account the situation of girls, in particular through financial assistance for income-generating activities and their insertion into training centres to learn a trade or their reintegration into the school system. The Committee noted, however, that no information is provided with regard to the measures taken in the context of the LUTRENA programme. The Committee therefore requests the Government to provide information on the time-bound measures taken in the context of the implementation of phase V of the LUTRENA programme to protect girls from the worst forms of child labour, including, in particular, the number of girl victims of sale and trafficking for labour or sexual exploitation who have actually been removed from this worst form.

Article 8. International cooperation and assistance. 1. Regional cooperation. The Committee previously noted that the Government has signed bilateral cooperation agreements on the cross-border trafficking of children with the Republic of Mali and multilateral cooperation agreements on combating the trafficking of children in West Africa. It requested the Government to provide information on the implementation of these agreements. The Committee noted the Government’s indication that statistics will be provided as soon as they are available. The Committee expresses the hope that the Government will be able to provide information in its next report and once again requests it to indicate whether the information exchanges with the other signatory countries have made it possible to: (1) apprehend and arrest persons operating in networks engaged in the trafficking of children; and (2) detect and intercept child victims of trafficking in the border areas.

2. Poverty elimination. In its previous comments, the Committee noted the draft Decent Work Country Programme for Burkina Faso. It noted that the problems connected with child labour form part of the priorities of this country programme, including child labour in rural areas and in mines, and that the Government intends to take measures aimed at eliminating child labour in the context of poverty reduction. The Committee noted that the Government does not provide any information on this matter. Noting once again that poverty reduction programmes contribute to breaking the poverty cycle, which is essential for the elimination of the worst forms of child labour, the Committee requests the Government to provide information on the measures taken in the context of the implementation of the Decent Work Country Programme to eliminate the worst forms of child labour, particularly as regards the actual reduction of poverty among child victims of sale and trafficking and those who carry out hazardous work in mines and quarries.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 3 of the Convention. Worst forms of child labour. The Committee noted the adoption of Act No. 028-2008/AN of 13 May 2008 issuing the Labour Code of Burkina Faso (the Labour Code of 2008) which repealed the Labour Code of 2004. It noted that section 153 of the Labour Code of 2008 prohibits the worst forms of child labour, which are defined in conformity with this provision of the Convention.

Clause 3(d). Hazardous work. Children working on their own account. In its previous comments, the Committee noted that, according to the Government, there is no point in regulating matters relating to children who work on their own account since these persons come under the informal economy and hence are still liable to controls by the labour inspectorate, which carries out general monitoring of conditions of work. The Committee noted that the Labour Code of 2008 applies to employment relationships. However, it noted the information provided by the Government in its report provided under Convention No. 138 that, as soon as there are sufficient human resources to cover all economic activity sectors, it will envisage the possibility of allocating particular competencies to labour inspectors to eliminate child labour in the informal economy, in particular where they are working on their own account. The Committee expresses the hope that the Government will be able, in the near future, to take measures to increase the number of labour inspectors and guarantee the protection provided for by the Convention to children who are working in the informal economy or on their own account. It requests the Government to provide information in this regard.

Article 4(1). Determination of types of hazardous work. Referring to its previous comments, the Committee noted that, under section 153(1) and (2)(4) of the Labour Code of 2008, work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children is regarded as one of the worst forms of child labour and is prohibited. The list of these types of work is determined by a decree issued by the Council of Ministers after consultation with the most representative organizations of workers and employers in the occupational branch and following the opinion of the National Technical Advisory Committee on Occupational Safety and Health. The Committee also noted the information provided by the Government that the Ministry of Labour and Social Security has sponsored a study in 2008 to assess the situation with regard to hazardous work and propose draft legislation prohibiting the carrying out of these types of work by children. A workshop to validate the study will be organized and employers’ and workers’ organizations and the main actors involved in combating child labour and its worst forms will participate. The Committee expresses the firm hope that the workshop to validate the study on hazardous work will be organized as soon as possible and that the draft legislation prohibiting the carrying out of these types of work by children under 18 years of age and determining these types of work will be drawn up in the near future. It requests the Government to provide information on any progress made in this regard.

Article 6. Programmes of action. The Committee previously asked the Government to provide information on the operation of the Department for Combating Child Labour and its worst forms. In this regard, the Government indicated that this Department was created mainly to devise and follow through the implementation of the national policy on combating child labour and its worst forms and participate in discussion bodies on child labour and its worst forms. The Government indicated that a national policy has not yet been devised. The Committee expresses the hope that the Department for combating child labour and its worst forms will be able, in the near future, to devise a national policy on combating child labour and its worst forms and requests the Government to provide a copy as soon as it has been drawn up.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. In its previous comments, the Committee noted the high illiteracy rate, particularly among women, the very low enrolment rate in primary and secondary education and the very high drop-out rate in primary education. It noted, however, that the Ten-Year Plan for the Development of Basic Education (PDDEB) provided for a gradual increase in school enrolment and attendance rates and improvements in basic education. In this regard, the Committee noted that, according to the half-yearly report on the implementation of the PDDEB for January to June 2006, the rate of school attendance improved in Burkina Faso.

The Committee took note of the information provided by the Government that the rate of school attendance in the country is continuing to improve. According to the statistics provided by the Government, the gross enrolment rate of girls increased from 64.9 per cent in 2005–06 to 79.1 per cent in 2007–08, and for boys, the rate increased from 76.4 per cent to 90.5 per cent for the same period. The Committee also noted that, according to the Education for All Global Monitoring Report of 2008, published by UNESCO and entitled Education for All in 2015: Will we make it?, Burkina Faso will probably achieve gender parity by 2025. However, according to this report, although the country has made enormous progress towards achieving universal enrolment at the primary level, it is unlikely that it will achieve the goal of universal primary education for all by 2015. In this regard, it noted that, according to the UNICEF statistics from 2006, the net school attendance rate at the primary level is 44 per cent for girls and 49 per cent for boys, and at the secondary level, 15 per cent for girls and 17 per cent for boys.

The Committee, while noting the progress made by the Government in improving the education system, particularly with regard to the gross enrolment rate in primary education, expressed concern at the low net school attendance rate, both at the primary and secondary levels. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee urges the Government to step up efforts to improve the operation of the education system in the country. In this regard, it requests the Government to provide information on the time-bound measures taken in the context of the implementation of the PDDEB to increase school attendance rates, both in primary and secondary education. The Committee requests the Government to provide information on the results achieved.

Clause (d). Identifying and reaching out to children at special risk. 
1. HIV/AIDS orphans. The Committee previously noted that, according to the report on the global AIDS epidemic published by the Joint United Nations Programme on HIV/AIDS (UNAIDS) in May 2006, the number of children in Burkina Faso orphaned as a result of the virus is approximately 120,000. It also noted that the Government has drawn up a strategic national framework to combat the virus for 2006–10, in collaboration with UNAIDS. The Committee took due note of the information provided by the Government concerning the measures taken to protect HIV/AIDS orphans. It noted, in particular, that these measures have made it possible, in particular, to provide education and training to at least 10,000 orphans and vulnerable children (OVC) and provide them with food, healthcare and psychological support. Furthermore, the Government has provided assistance to households which accommodate OVCs and has set up structures to create income-generating activities. The Committee also took due note that, according to the UNGASS report of January 2008 of Burkina Faso on the follow-up to the Declaration of Commitment on HIV/AIDS, the national strategic framework for combating the virus for 2006–10 has allowed psychosocial, economic or spiritual care to be provided to 18,726 OVCs in 2007. Furthermore, according to the information contained in the fact sheet on HIV/AIDS of 2008 of the Joint United Nations Programme on HIV/AIDS (UNAIDS) and the World Health Organization (WHO), there are around 100,000 HIV/AIDS orphans in Burkina Faso.

Although noting a reduction in the number of HIV/AIDS orphans between 2006 and 2008, the Committee expressed concern at the fact that a high number of children are still affected by the epidemic. It observed that HIV/AIDS has negative consequences on the orphans, whose risk of becoming engaged in the worst forms of child labour is increased. The Committee urges the Government to step up efforts to protect HIV/AIDS orphans and requests the Government to continue providing information on the specific time-bound measures taken in the context of the implementation of the national strategic framework for combating the virus, to prevent these children from becoming engaged in the worst forms of child labour.

2. Street children. In its previous comments, the Committee noted that, according to the information provided by the Government in its written replies to the Committee on the Rights of the Child in September 2002 (CRC/C/RESP/18, page 28), 24 per cent of street children are between seven and 12 years of age, 62 per cent are between 13 and 18 years of age, with roughly equal numbers of boys and girls, and 43 per cent of street children engage in begging. In this regard, the Government indicated that, in collaboration with partners, it has implemented a national action programme for education in an open environment (2005–09), which aims to support and ensure the rehabilitation and socioeconomic integration of at least 80 per cent of children removed from the streets. The Committee noted the information provided by the Government concerning the number of children and young persons who were supervised in rehabilitation facilities between 2005 and 2006. According to that information, 469 children were managed in an open environment and 551 in a closed environment. The Committee encourages the Government to continue its efforts and requests it to continue providing information on the time-bound measures taken, in particular in the context of the implementation of the national action programme for education in an open environment to protect street children against the worst forms of child labour and to ensure their rehabilitation and social integration.

Parts IV and V of the report form. Application of the Convention in practice. The Committee previously noted that a national study on child labour had been conducted in the country and requested the Government to provide a copy of that study. The Committee noted the Government’s indication that the study on child labour has not yet been returned. The Committee expresses the firm hope that the study will be returned and validated in the near future. It requests the Government to provide information in this regard and to provide a copy of the study as soon as it has been validated.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 3, clause (a), and Article 7(1), of the Convention. Sale and trafficking of children and sanctions. In its previous comments, the Committee noted that there is a high level of trafficking of children for labour exploitation both within the country and as a source of child labour for other countries. The Committee also noted with interest that, since the adoption and implementation of Act No. 038-2003/AN of 27 May 2003 defining and repressing the trafficking of children (Act No. 038-2003/AN of 27 May 2003), 31 cases of trafficking had been prosecuted in the 19 higher courts and 18 individuals had been sentenced to terms of imprisonment ranging from one to three years.

The Committee noted with interest the adoption of Decree No. 2008-332/PRES of 19 June 2008 promulgating Act No. 029-2008/AN of 15 May 2008 on combating trafficking in persons and similar practices (Act on combating trafficking in persons and similar practices). Under section 26 of this Act, Act No. 038-2003/AN of 27 May 2003 is repealed. The Committee took due note that sections 3 and 4 of the Act on combating trafficking in persons and similar practices provides for terms of imprisonment ranging from five to 20 years.

The Committee noted the information provided by the Government that it has continued and stepped up its efforts to combat the trafficking of children. It also noted the several court decisions handed down by the High Court between 2004 and 2007. The Committee noted that the individuals who have been prosecuted for the trafficking of children were found guilty and sentenced to terms of imprisonment ranging from two to 24 months, sometimes accompanied by a fine, and were ordered to pay costs. The Committee noted, however, that of the seven prison sentences handed down, six were suspended; one person was sentenced to two months’ imprisonment and another to a fine of 50,000 CFA francs. The Committee reminded the Government that the trafficking of children is a serious crime and that, under Article 7(1), of the Convention, the Government is obliged to take the necessary measures to ensure the effective implementation and enforcement of the provisions giving effect the Convention, including the application of sufficiently effective and dissuasive penal sanctions. The Committee requests the Government to take the necessary measures to ensure that the penalties imposed on individuals found guilty of trafficking of children are sufficiently effective and dissuasive and that they are applied in practice. It requests the Government to provide information in this regard. The Committee also requests the Government to continue providing information on the application in practice of the Act on combating trafficking in persons and similar practices, including in particular, statistics on the number and nature of violations reported, investigations, prosecutions, convictions and penal sanctions imposed.

Article 7(2). Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of labour. 1. Sale and trafficking of children. The Committee previously took due note of the information provided concerning the implementation in the country of the
ILO–IPEC Programme on Combating Trafficking in Children for Labour Exploitation in West and Central Africa (LUTRENA) and noted, in particular, that 632 children had benefited from the project and from educational support. It requested the Government to continue providing information on the measures taken in the context of the implementation of the LUTRENA programme. The Committee noted with interest the information provided by the Government that 716 children have been intercepted and returned to their families with the support of the social, technical and financial partners, including the vigilance committees. It also noted the Government’s indication that, to ensure better care for victims of trafficking and their reintegration into their families, transit centres have been equipped with facilities in the three provinces of Fada, Pama and Diapaga. The Committee also noted that financial assistance is given to families of child victims of trafficking for income-generating activities and the children are placed in workshops and various vocational training centres or reintegrated into the school system. Furthermore, the Wend Zoodo reception centre has been renovated and four literacy centres have been equipped with facilities. Finally, the Committee noted that the country is participating in phase V of the LUTRENA programme. The Committee took due note of the measures taken by the  Government to remove children from sale and trafficking and to ensure their rehabilitation and social integration, which it regards as a manifestation of its political will to eliminate this worst form of child labour. The Committee strongly encourages the Government to continue its efforts and requests it to provide information on the time-bound measures taken in the context of the implementation of phase V of the LUTRENA programme to remove child victims from sale and trafficking by indicating, in particular, the number of children who have actually been removed from this worst form of labour, and on the specific rehabilitation and social integration measures taken for these children.

2. Project for small-scale gold mines in West Africa. In its previous comments, the Committee noted that Burkina Faso is participating in the ILO–IPEC project entitled “Prevention and elimination of child labour in artisanal gold mining in West Africa (2005-2008)” (the ILO–IPEC project on artisanal gold mining), the objective of which is to remove children from gold mines, while establishing structures to prevent child labour and to support local activities, particularly those aimed at enhancing the safety and boosting the income of adults working in the mines. The Committee noted that, according to the information contained in the 2007 ILO–IPEC activity report on the project in small-scale gold mines, more than 240 children had been prevented from being employed in hazardous work in gold mines and were receiving a school education.

The Committee noted with interest the detailed information provided by the Government concerning the ILO–IPEC project on artisanal gold mining which has been implemented on the gold-bearing site of Gorol Kadjè in Séno and the gold-bearing site of Ziniguima in Bam. It noted, in particular, that two small schooling programmes have been implemented which have allowed the schooling of 248 children, including 130 girls, namely 93 children on the Ziniguima site in Bam by the NGO Coalition in Burkina Faso for Children’s Rights (COBUFADE) and 155 children on the Gorol Kadjè site in Séno by the NGO Action for the Promotion of Children’s Rights in Burkina Faso (APRODEB). Overall, 657 children have been removed from the worst forms of labour in gold washing and have benefited from pre-school and school services, support in the form of school equipment, school clothing and afternoon snacks, and medical care. Furthermore, 16 groups of villagers have been created for income-generating activities in animal fattening, trading, dyeing and soap manufacture, including six groups of women and two groups of girls.

The Committee noted that two ILO–IPEC programmes are currently being implemented in the country, namely a programme on the rehabilitation and integration of child gold washers on the gold-bearing site of Gorol Kadjè through education and vocational training, and another which concerns support for the schooling of 310 children and the integration of 90 child workers, the protection of 120 child workers in the context of three young person clubs, support for income-generating activities for 90 mothers of gold-washing children and the mobilization of the community on the Ziniguima site. Finally, the Committee noted that a basic study on child labour in gold washing in Ziniguima and Gorol Kadjè is being carried out in the country. The Committee requests the Government to continue its efforts to remove children from the worst forms of child labour in small-scale gold mines. It also requests it to continue providing information on the time-bound measures taken, particularly in the context of the implementation of the two ILO–IPEC programmes currently under way in the country, to provide the necessary and appropriate direct assistance for the removal of children from this worst form of child labour and for their rehabilitation and social integration. Furthermore, the Committee requests the Government to provide information on the basic study on child labour in gold washing in Ziniguima and Gorol Kadjè as soon as it has been completed.

Clause (e). Taking account of the special situation of girls. The Committee previously noted that, according to ILO–IPEC information on the LUTRENA programme, internal trafficking, which accounts for 70 per cent of cases, mainly concerns girls who are engaged in domestic labour or working as street vendors in the country’s major cities. It noted that girls, particularly those employed in domestic work, are often victims of exploitation, which takes on very diverse forms, and it is difficult to monitor their conditions of employment because of the unauthorized nature of this work. The Committee requested the Government to provide information on the measures taken in the context of the LUTRENA programme to protect girls against labour and sexual exploitation. The Committee noted the information provided by the Government concerning the measures it has taken in the context of the ILO–IPEC project on artisanal gold mining to take into account the situation of girls, in particular through financial assistance for income-generating activities and their insertion into training centres to learn a trade or their reintegration into the school system. The Committee noted, however, that no information is provided with regard to the measures taken in the context of the LUTRENA programme. The Committee therefore requests the Government to provide information on the time-bound measures taken in the context of the implementation of phase V of the LUTRENA programme to protect girls from the worst forms of child labour, including, in particular, the number of girl victims of sale and trafficking for labour or sexual exploitation who have actually been removed from this worst form.

Article 8. International cooperation and assistance. 1. Regional cooperation. The Committee previously noted that the Government has signed bilateral cooperation agreements on the cross-border trafficking of children with the Republic of Mali and multilateral cooperation agreements on combating the trafficking of children in West Africa. It requested the Government to provide information on the implementation of these agreements. The Committee noted the Government’s indication that statistics will be provided as soon as they are available. The Committee expresses the hope that the Government will be able to provide information in its next report and once again requests it to indicate whether the information exchanges with the other signatory countries have made it possible to: (1) apprehend and arrest persons operating in networks engaged in the trafficking of children; and (2) detect and intercept child victims of trafficking in the border areas.

2. Poverty elimination. In its previous comments, the Committee noted the draft Decent Work Country Programme for Burkina Faso. It noted that the problems connected with child labour form part of the priorities of this country programme, including child labour in rural areas and in mines, and that the Government intends to take measures aimed at eliminating child labour in the context of poverty reduction. The Committee noted that the Government does not provide any information on this matter. Noting once again that poverty reduction programmes contribute to breaking the poverty cycle, which is essential for the elimination of the worst forms of child labour, the Committee requests the Government to provide information on the measures taken in the context of the implementation of the Decent Work Country Programme to eliminate the worst forms of child labour, particularly as regards the actual reduction of poverty among child victims of sale and trafficking and those who carry out hazardous work in mines and quarries.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 3 of the Convention. Worst forms of child labour. The Committee notes the adoption of Act No. 028-2008/AN of 13 May 2008 issuing the Labour Code of Burkina Faso (the Labour Code of 2008) which repeals the Labour Code of 2004. It notes that section 153 of the Labour Code of 2008 prohibits the worst forms of child labour, which are defined in conformity with this provision of the Convention.

Clause 3(d). Hazardous work. Children working on their own account. In its previous comments, the Committee noted that, according to the Government, there is no point in regulating matters relating to children who work on their own account since these persons come under the informal economy and hence are still liable to controls by the labour inspectorate, which carries out general monitoring of conditions of work. The Committee notes that the Labour Code of 2008 applies to employment relationships. However, it notes the information provided by the Government in its report provided under Convention No. 138 that, as soon as there are sufficient human resources to cover all economic activity sectors, it will envisage the possibility of allocating particular competencies to labour inspectors to eliminate child labour in the informal economy, in particular where they are working on their own account. The Committee expresses the hope that the Government will be able, in the near future, to take measures to increase the number of labour inspectors and guarantee the protection provided for by the Convention to children who are working in the informal economy or on their own account. It requests the Government to provide information in this regard.

Article 4, paragraph 1. Determination of types of hazardous work. Referring to its previous comments, the Committee notes that, under section 153(1) and (2)(4) of the Labour Code of 2008, work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children is regarded as one of the worst forms of child labour and is prohibited. The list of these types of work is determined by a decree issued by the Council of Ministers after consultation with the most representative organizations of workers and employers in the occupational branch and following the opinion of the National Technical Advisory Committee on Occupational Safety and Health. The Committee also notes the information provided by the Government that the Ministry of Labour and Social Security has sponsored a study in 2008 to assess the situation with regard to hazardous work and propose draft legislation prohibiting the carrying out of these types of work by children. A workshop to validate the study will be organized and employers’ and workers’ organizations and the main actors involved in combating child labour and its worst forms will participate. The Committee expresses the firm hope that the workshop to validate the study on hazardous work will be organized as soon as possible and that the draft legislation prohibiting the carrying out of these types of work by children under 18 years of age and determining these types of work will be drawn up in the near future. It requests the Government to provide information on any progress made in this regard.

Article 6. Programmes of action. The Committee previously asked the Government to provide information on the operation of the Department for Combating Child Labour and its worst forms. In this regard, the Government indicates that this Department was created mainly to devise and follow through the implementation of the national policy on combating child labour and its worst forms and participate in discussion bodies on child labour and its worst forms. The Government indicates that a national policy has not yet been devised. The Committee expresses the hope that the Department for combating child labour and its worst forms will be able, in the near future, to devise a national policy on combating child labour and its worst forms and requests the Government to provide a copy as soon as it has been drawn up.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. In its previous comments, the Committee noted the high illiteracy rate, particularly among women, the very low enrolment rate in primary and secondary education and the very high drop-out rate in primary education. It noted, however, that the Ten-Year Plan for the Development of Basic Education (PDDEB) provided for a gradual increase in school enrolment and attendance rates and improvements in basic education. In this regard, the Committee noted that, according to the half-yearly report on the implementation of the PDDEB for January to June 2006, the rate of school attendance improved in Burkina Faso.

The Committee takes note of the information provided by the Government that the rate of school attendance in the country is continuing to improve. According to the statistics provided by the Government, the gross enrolment rate of girls increased from 64.9 per cent in 2005–06 to 79.1 per cent in 2007–08, and for boys, the rate increased from 76.4 per cent to 90.5 per cent for the same period. The Committee also notes that, according to the Education for All Global Monitoring Report of 2008, published by UNESCO and entitled Education for All in 2015: Will we make it?, Burkina Faso will probably achieve gender parity by 2025. However, according to this report, although the country has made enormous progress towards achieving universal enrolment at the primary level, it is unlikely that it will achieve the goal of universal primary education for all by 2015. In this regard, it notes that, according to the UNICEF statistics from 2006, the net school attendance rate at the primary level is 44 per cent for girls and 49 per cent for boys, and at the secondary level, 15 per cent for girls and 17 per cent for boys.

The Committee, while noting the progress made by the Government in improving the education system, particularly with regard to the gross enrolment rate in primary education, expresses concern at the low net school attendance rate, both at the primary and secondary levels. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee urges the Government to step up efforts to improve the operation of the education system in the country. In this regard, it requests the Government to provide information on the time-bound measures taken in the context of the implementation of the PDDEB to increase school attendance rates, both in primary and secondary education. The Committee requests the Government to provide information on the results achieved.

Clause (d). Identifying and reaching out to children at special risk. 1. HIV/AIDS orphans. The Committee previously noted that, according to the report on the global AIDS epidemic published by the Joint United Nations Programme on HIV/AIDS (UNAIDS) in May 2006, the number of children in Burkina Faso orphaned as a result of the virus is approximately 120,000. It also noted that the Government has drawn up a strategic national framework to combat the virus for 2006–10, in collaboration with UNAIDS. The Committee takes due note of the information provided by the Government concerning the measures taken to protect HIV/AIDS orphans. It notes, in particular, that these measures have made it possible, in particular, to provide education and training to at least 10,000 orphans and vulnerable children (OVC) and provide them with food, healthcare and psychological support. Furthermore, the Government has provided assistance to households which accommodate OVCs and has set up structures to create income-generating activities. The Committee also takes due note that, according to the UNGASS report of January 2008 of Burkina Faso on the follow-up to the Declaration of Commitment on HIV/AIDS, the national strategic framework for combating the virus for 2006–10 has allowed psychosocial, economic or spiritual care to be provided to 18,726 OVCs in 2007. Furthermore, according to the information contained in the fact sheet on HIV/AIDS of 2008 of the Joint United Nations Programme on HIV/AIDS (UNAIDS) and the World Health Organization (WHO), there are around 100,000 HIV/AIDS orphans in Burkina Faso.

Although noting a reduction in the number of HIV/AIDS orphans between 2006 and 2008, the Committee expresses concern at the fact that a high number of children are still affected by the epidemic. It observes that HIV/AIDS has negative consequences on the orphans, whose risk of becoming engaged in the worst forms of child labour is increased. The Committee urges the Government to step up efforts to protect HIV/AIDS orphans and requests the Government to continue providing information on the specific time-bound measures taken in the context of the implementation of the national strategic framework for combating the virus, to prevent these children from becoming engaged in the worst forms of child labour.

2. Street children. In its previous comments, the Committee noted that, according to the information provided by the Government in its written replies to the Committee on the Rights of the Child in September 2002 (CRC/C/RESP/18, page 28), 24 per cent of street children are between seven and 12 years of age, 62 per cent are between 13 and 18 years of age, with roughly equal numbers of boys and girls, and 43 per cent of street children engage in begging. In this regard, the Government indicated that, in collaboration with partners, it has implemented a national action programme for education in an open environment (2005–09), which aims to support and ensure the rehabilitation and socioeconomic integration of at least 80 per cent of children removed from the streets. The Committee notes the information provided by the Government concerning the number of children and young persons who were supervised in rehabilitation facilities between 2005 and 2006. According to that information, 469 children were managed in an open environment and 551 in a closed environment. The Committee encourages the Government to continue its efforts and requests it to continue providing information on the time-bound measures taken, in particular in the context of the implementation of the national action programme for education in an open environment to protect street children against the worst forms of child labour and to ensure their rehabilitation and social integration.

Parts IV and V of the report form. Application of the Convention in practice. The Committee previously noted that a national study on child labour had been conducted in the country and requested the Government to provide a copy of that study. The Committee notes the Government’s indication that the study on child labour has not yet been returned. The Committee expresses the firm hope that the study will be returned and validated in the near future. It requests the Government to provide information in this regard and to provide a copy of the study as soon as it has been validated.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 3, clause (a), and Article 7, paragraph 1, of the Convention. Sale and trafficking of children and sanctions. In its previous comments, the Committee noted that there is a high level of trafficking of children for labour exploitation both within the country and as a source of child labour for other countries. The Committee also noted with interest that, since the adoption and implementation of Act No. 038-2003/AN of 27 May 2003 defining and repressing the trafficking of children (Act No. 038-2003/AN of 27 May 2003), 31 cases of trafficking had been prosecuted in the 19 higher courts and 18 individuals had been sentenced to terms of imprisonment ranging from one to three years.

The Committee notes with interest the adoption of Decree No. 2008-332/PRES of 19 June 2008 promulgating Act No. 029-2008/AN of 15 May 2008 on combating trafficking in persons and similar practices (Act on combating trafficking in persons and similar practices). Under section 26 of this Act, Act No. 038-2003/AN of 27 May 2003 is repealed. The Committee takes due note that sections 3 and 4 of the Act on combating trafficking in persons and similar practices provides for terms of imprisonment ranging from five  to 20 years.

The Committee notes the information provided by the Government that it has continued and stepped up its efforts to combat the trafficking of children. It also notes the several court decisions handed down by the High Court between 2004 and 2007. The Committee notes that the individuals who have been prosecuted for the trafficking of children were found guilty and sentenced to terms of imprisonment ranging from two to 24 months, sometimes accompanied by a fine, and were ordered to pay costs. The Committee notes, however, that of the seven prison sentences handed down, six were suspended; one person was sentenced to two months’ imprisonment and another to a fine of 50,000 CFA francs. The Committee reminds the Government that the trafficking of children is a serious crime and that, under Article 7, paragraph 1, of the Convention, the Government is obliged to take the necessary measures to ensure the effective implementation and enforcement of the provisions giving effect the Convention, including the application of sufficiently effective and dissuasive penal sanctions. The Committee requests the Government to take the necessary measures to ensure that the penalties imposed on individuals found guilty of trafficking of children are sufficiently effective and dissuasive and that they are applied in practice. It requests the Government to provide information in this regard. The Committee also requests the Government to continue providing information on the application in practice of the Act on combating trafficking in persons and similar practices, including in particular, statistics on the number and nature of violations reported, investigations, prosecutions, convictions and penal sanctions imposed.

Article 7, paragraph 2. Effective and time-bound measures. Clause(b). Direct assistance for the removal of children from the worst forms of labour. 1. Sale and trafficking of children. The Committee previously took due note of the information provided concerning the implementation in the country of the ILO–IPEC Programme on Combating Trafficking in Children for Labour Exploitation in West and Central Africa (LUTRENA) and noted, in particular, that 632 children had benefited from the project and from educational support. It requested the Government to continue providing information on the measures taken in the context of the implementation of the LUTRENA programme. The Committee notes with interest the information provided by the Government that 716 children have been intercepted and returned to their families with the support of the social, technical and financial partners, including the vigilance committees. It also notes the Government’s indication that, to ensure better care for victims of trafficking and their reintegration into their families, transit centres have been equipped with facilities in the three provinces of Fada, Pama and Diapaga. The Committee also notes that financial assistance is given to families of child victims of trafficking for income-generating activities and the children are placed in workshops and various vocational training centres or reintegrated into the school system. Furthermore, the Wend Zoodo reception centre has been renovated and four literacy centres have been equipped with facilities. Finally, the Committee notes that the country is participating in phase V of the LUTRENA programme. The Committee takes due note of the measures taken by the  Government to remove children from sale and trafficking and to ensure their rehabilitation and social integration, which it regards as a manifestation of its political will to eliminate this worst form of child labour. The Committee strongly encourages the Government to continue its efforts and requests it to provide information on the time-bound measures taken in the context of the implementation of phase V of the LUTRENA programme to remove child victims from sale and trafficking by indicating, in particular, the number of children who have actually been removed from this worst form of labour, and on the specific rehabilitation and social integration measures taken for these children.

2. Project for small-scale gold mines in West Africa. In its previous comments, the Committee noted that Burkina Faso is participating in the ILO–IPEC project entitled “Prevention and elimination of child labour in artisanal gold mining in West Africa (2005-2008)” (the ILO–IPEC project on artisanal gold mining), the objective of which is to remove children from gold mines, while establishing structures to prevent child labour and to support local activities, particularly those aimed at enhancing the safety and boosting the income of adults working in the mines. The Committee noted that, according to the information contained in the 2007 ILO–IPEC activity report on the project in small-scale gold mines, more than 240 children had been prevented from being employed in hazardous work in gold mines and were receiving a school education.

The Committee notes with interest the detailed information provided by the Government concerning the ILO–IPEC project on artisanal gold mining which has been implemented on the gold-bearing site of Gorol Kadjè in Séno and the gold-bearing site of Ziniguima in Bam. It notes, in particular, that two small schooling programmes have been implemented which have allowed the schooling of 248 children, including 130 girls, namely 93 children on the Ziniguima site in Bam by the NGO Coalition in Burkina Faso for Children’s Rights (COBUFADE) and 155 children on the Gorol Kadjè site in Séno by the NGO Action for the Promotion of Children’s Rights in Burkina Faso (APRODEB). Overall, 657 children have been removed from the worst forms of labour in gold washing and have benefited from pre-school and school services, support in the form of school equipment, school clothing and afternoon snacks, and medical care. Furthermore, 16 groups of villagers have been created for income-generating activities in animal fattening, trading, dyeing and soap manufacture, including six groups of women and two groups of girls.

The Committee notes that two ILO–IPEC programmes are currently being implemented in the country, namely a programme on the rehabilitation and integration of child gold washers on the gold-bearing site of Gorol Kadjè through education and vocational training, and another which concerns support for the schooling of 310 children and the integration of 90 child workers, the protection of 120 child workers in the context of three young person clubs, support for income-generating activities for 90 mothers of gold-washing children and the mobilization of the community on the Ziniguima site. Finally, the Committee notes that a basic study on child labour in gold washing in Ziniguima and Gorol Kadjè is being carried out in the country. The Committee requests the Government to continue its efforts to remove children from the worst forms of child labour in small-scale gold mines. It also requests it to continue providing information on the time-bound measures taken, particularly in the context of the implementation of the two ILO–IPEC programmes currently under way in the country, to provide the necessary and appropriate direct assistance for the removal of children from this worst form of child labour and for their rehabilitation and social integration. Furthermore, the Committee requests the Government to provide information on the basic study on child labour in gold washing in Ziniguima and Gorol Kadjè as soon as it has been completed.

Clause (e). Taking account of the special situation of girls. The Committee previously noted that, according to ILO–IPEC information on the LUTRENA programme, internal trafficking, which accounts for 70 per cent of cases, mainly concerns girls who are engaged in domestic labour or working as street vendors in the country’s major cities. It noted that girls, particularly those employed in domestic work, are often victims of exploitation, which takes on very diverse forms, and it is difficult to monitor their conditions of employment because of the unauthorized nature of this work. The Committee requested the Government to provide information on the measures taken in the context of the LUTRENA programme to protect girls against labour and sexual exploitation. The Committee notes the information provided by the Government concerning the measures it has taken in the context of the ILO–IPEC project on artisanal gold mining to take into account the situation of girls, in particular through financial assistance for income-generating activities and their insertion into training centres to learn a trade or their reintegration into the school system. The Committee notes, however, that no information is provided with regard to the measures taken in the context of the LUTRENA programme. The Committee therefore requests the Government to provide information on the time-bound measures taken in the context of the implementation of phase V of the LUTRENA programme to protect girls from the worst forms of child labour, including, in particular, the number of girl victims of sale and trafficking for labour or sexual exploitation who have actually been removed from this worst form.

Article 8. International cooperation and assistance. 1. Regional cooperation. The Committee previously noted that the Government has signed bilateral cooperation agreements on the cross-border trafficking of children with the Republic of Mali and multilateral cooperation agreements on combating the trafficking of children in West Africa. It requested the Government to provide information on the implementation of these agreements. The Committee notes the Government’s indication that statistics will be provided as soon as they are available. The Committee expresses the hope that the Government will be able to provide information in its next report and once again requests it to indicate whether the information exchanges with the other signatory countries have made it possible to: (1) apprehend and arrest persons operating in networks engaged in the trafficking of children; and (2) detect and intercept child victims of trafficking in the border areas.

2. Poverty elimination. In its previous comments, the Committee noted the draft Decent Work Country Programme for Burkina Faso. It noted that the problems connected with child labour form part of the priorities of this country programme, including child labour in rural areas and in mines, and that the Government intends to take measures aimed at eliminating child labour in the context of poverty reduction. The Committee notes that the Government does not provide any information on this matter. Noting once again that poverty reduction programmes contribute to breaking the poverty cycle, which is essential for the elimination of the worst forms of child labour, the Committee requests the Government to provide information on the measures taken in the context of the implementation of the Decent Work Country Programme to eliminate the worst forms of child labour, particularly as regards the actual reduction of poverty among child victims of sale and trafficking and those who carry out hazardous work in mines and quarries.

Furthermore, the Committee is also addressing a direct request to the Government concerning other points.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Article 3 of the Convention. Worst forms of child labour. Clauses (a), (b) and (c). Forced or compulsory recruitment of children for use in armed conflict; use, procuring or offering of a child for the production of pornography or for pornographic performances and for illicit activities. With reference to its previous comments, the Committee notes with interest that section 148 of the Labour Code of 2004 adopts the provisions of Article 3 of Convention No. 182 by prohibiting all the worst forms of child labour.

Clause (d). Hazardous work. Self-employed workers. In its previous comments, the Committee observed that the Labour Code does not apply to work done by children on their own account and asked the Government to indicate the measures taken to ensure that this kind of protection is afforded to children under 18 years of age. The Committee notes the Government’s information to the effect that there is no point in adopting legislation to regulate matters relating to self‑employed workers. Persons working on their own account come under the informal sector and hence are still liable to controls by the labour inspectorate, which carries out general monitoring of conditions of work. The Committee requests the Government to provide information on the measures taken or envisaged to enable labour inspectors to target children performing work on their own account and thus grant to all children the protection provided for by the Convention.

Article 4, paragraph 1. Determination of hazardous work. Referring to its previous comments, the Committee notes the Government’s information that a list of the types of work which are prohibited for children and young persons is being drawn up and that it will be in conformity with Convention No. 182 and the Worst Forms of Child Labour Recommendation, 1999 (No. 190). The Committee hopes that this list of types of work which are prohibited for children and young persons will be adopted as soon as possible and it requests the Government to supply a copy once it is adopted. The Committee also requests the Government to supply information on consultations with the organizations of employers and workers.

Article 5. Monitoring mechanisms. The Committee notes the Government’s information that a department for combating child labour and the worst forms thereof has been set up within the Ministry of Labour and is responsible for monitoring the application of the provisions of the Convention. The Committee requests the Government to provide information on the working of this department by supplying reports on these activities.

Article 7, paragraph 1. Penalties. The Committee notes that section 390 of the Labour Code of 2004 states that anyone who violates the provisions of section 148, i.e. those prohibiting the worst forms of child labour, is liable to the penalties laid down by the Act defining and repressing the trafficking of children. It notes that sections 4 and 5 of Act No. 038-2003/AN of 27 May 2003, defining and repressing the trafficking of children, provide for terms of imprisonment ranging from one year to life imprisonment, according to the circumstances in which the violations are perpetrated, and a fine ranging from 300,000 to 1,500,000 CFA francs. The Committee observes that the prohibition on the worst forms of child labour is contained in the Labour Code whereas the penalties relating to this prohibition are laid down in a specific law repressing another offence. The Committee requests the Government to provide information on the courts which are competent to examine cases involving violations of the prohibition on the worst forms of child labour and also on the penalties which are imposed under section 390 of the Labour Code and the Act defining and repressing the trafficking of children.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Education system. In its previous comments, the Committee noted that the gross school enrolment rate was 47.50 per cent in 2002–03. The Committee further noted that the Committee on the Rights of the Child, in its concluding observations in October 2002 (CRC/C/15/Add.193, paragraph 50), expressed deep concern at the high illiteracy rate, particularly among women, the still low enrolment rate in primary and secondary education, the very high drop-out rate in primary education, the poor quality of teaching, the very low percentage of children who complete primary education and the substantial regional disparities. The Committee noted, however, that the Ten-Year Plan for the Development of Basic Education (2001–10) (PDDEB) provides for a progressive increase in the rate of school enrolment and attendance and also for improvement in basic education and informal basic education. In this respect, the Committee notes with interest the Government’s information that, according to the half-yearly report on the implementation of the PDDEB for January–June 2006, the rate of school attendance is improving in Burkina Faso. It notes that the total number of pupils attending school increased from 1,270,827 in 2004–05 to 1,390,571 in 2005–06, i.e. an annual average increase of 9.42 per cent. Considering that education contributes to the elimination of the worst forms of child labour, the Committee encourages the Government to continue its efforts to improve the education system. It requests the Government to provide information on the effective measures taken under the PDDEB to prevent the engagement of children in the worst forms of child labour and also on the results obtained.

Clause (d). Identifying and reaching out to children at special risk. 1. HIV/AIDS. The Committee notes that, according to the report on the global AIDS epidemic published by the Joint United Nations Programme on HIV/AIDS (UNAIDS) in May 2006, the number of children in Burkina Faso orphaned as a result of the virus is approximately 120,000. It also notes that, according to this report, the Government has drawn up a strategic national framework to combat the virus for 2006–10, in collaboration with UNAIDS. The Committee observes that HIV/AIDS has a negative impact on orphans, who are at an increased risk of being engaged in the worst forms of child labour. It requests the Government to do its utmost to reduce the impact of the epidemic in Burkina Faso by preventing its transmission within the population. The Committee also requests the Government to provide information on the specific measures taken under the strategic national framework to prevent children orphaned as a result of HIV/AIDS from being engaged in the worst forms of child labour.

2. Street children. In its previous comments, the Committee noted that, according to the information supplied by the Government in its written replies to the Committee on the Rights of the Child in September 2002 (CRC/C/RESP/18, page 28), 24 per cent of street children are between 7 and 12 years of age, 62 per cent of them are between 13 and 18 years of age, with roughly equal numbers of boys and girls, and 43 per cent of street children engage in begging. It also noted that the Committee on the Rights of the Child, in its concluding observations in October 2002 (CRC/C/15/Add.193, paragraph 56), expressed concern at the growing number of children living on the streets and at the lack of a systematic overall strategy to deal with this situation and provide children with the necessary assistance. The Committee notes the information in the Government’s report to the effect that, in collaboration with its partners, it has implemented a national action programme for education in an open environment (2005–09), which aims to support and ensure the rehabilitation and socio-economic integration of at least 80 per cent of children removed from the streets. Recalling that street children are at particular risk of being involved in the worst forms of child labour, the Committee once again requests the Government to provide information on the measures taken under the national action programme for education in an open environment to protect street children against the worst forms of child labour and to ensure their rehabilitation and social integration.

Parts IV and V of the report form. Application of the Convention in practice. Referring to its previous comments, the Committee notes that, apart from the information concerning the sale and trafficking of children, the Government does not supply any information on the application of the Convention in practice. It notes that, according to the information available to the Office, a national study on child labour has been conducted in the country. The Committee requests the Government to provide a copy of this national study on child labour with its next report.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s reports.

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. In its previous comments, the Committee noted concordant information from various sources to the effect that the cases of trafficking of children for the exploitation of their labour, particularly in agriculture, concern a substantial number of children in Burkina Faso. It also noted that Act No. 038‑2003/AN of 27 May 2003, defining and repressing the trafficking of children, prohibits and penalizes the trafficking of children, and requested the Government to provide information on the application of this Act in practice.

The Committee notes that, according to the UNICEF report on trafficking in persons, especially women and children, in West and Central Africa, published in 2006, children from Burkina Faso are the victims of trafficking in the following countries: Benin, Côte d’Ivoire, Gambia, Ghana, Mali, Niger, Nigeria, Togo, and also of trafficking to Europe. It also notes that, according to ILO/IPEC information, internal trafficking accounts for 70 per cent of cases and principally concerns girls who work as servants or as itinerant traders in the streets of the country’s major cities. Cross-border trafficking of Burkinabé children is mainly with Côte d’Ivoire, even though new patterns of migration and trafficking have emerged with other countries of the region as destinations. Boys tend more to look for work in agriculture in neighbouring countries, in cotton, coffee or cocoa plantations. The Committee also notes that, according to the UNICEF report on the trafficking of persons, talibé children from Burkina Faso are exploited for begging in cities in the Gambia and also in rice fields in Mali.

The Committee notes with interest the Government’s information to the effect that, since the adoption and implementation of Act No. 038‑2003/AN of 27 May 2003 defining and repressing the trafficking of children, 31 cases of trafficking have been prosecuted in the 19 higher courts and 18 persons have been sentenced to terms of imprisonment ranging from one to three years. Moreover, it notes the Government’s information on the recent cases of cross-border trafficking concerning children from Burkina Faso, Côte d’Ivoire, Mali and Nigeria. The Committee observes that, although the Government has adopted a number of measures to combat the sale and trafficking of children for the exploitation of their labour, the problem still exists in practice. It encourages the Government to continue its efforts to ensure the protection in practice of children under 18 years of age against the sale and trafficking of children for the purpose of labour exploitation. It requests the Government to continue providing information on the practical application of Act No. 038-2003/AN of 27 May 2003 defining and repressing the trafficking of children, in particular by supplying statistics on the number and nature of violations reported, investigations, prosecutions, convictions and penal sanctions.

Article 5. Monitoring mechanisms. 1. Vigilance and supervision committees. In its previous comments, the Committee requested the Government to provide information on the activities of the vigilance and supervision committees. In this regard, the Committee notes that, according to the information in the activity report of ILO/IPEC on the LUTRENA programme combating trafficking in children for labour exploitation in West and Central Africa, the work done by the vigilance and supervision committees since 2002 has resulted in the interception of approximately 620 children from Burkina Faso involved in trafficking and in an information campaign for more than 3,600 members of various communities in the country, including 700 girls and 1,900 boys. The Committee encourages the Government to do its utmost to facilitate the work of these committees.

2. Child labour unit. The Committee notes that, according to the information in the ILO/IPEC activity report on the LUTRENA programme, a child labour unit has been set up. It requests the Government to supply information on the working of this unit by supplying reports on its activities.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes with interest that more than 26,730 children have benefited from the LUTRENA programme since it was launched in 2001. Of these, 14,790 children were removed from this worst form of child labour and 11,940 were prevented from being involved in it. It also notes that, between September 2006 and March 2007, some 92 child victims of trafficking were withdrawn from this worst form of child labour and received educational or training services. 

Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and assisting the removal of children from these worst forms. 1. Trafficking of children. Referring to its previous comments, the Committee takes due note of the information provided by the Government in its report concerning the implementation of the LUTRENA programme in the country. It notes in particular that, in the context of this programme, training activities with regard to combating the trafficking of children have been undertaken with the social partners, labour inspectors and the general public, including children and their families; more than 632 children have benefited from the project and from educational support. The Committee requests the Government to continue to supply information on the measures taken in the context of the implementation of the LUTRENA programme to prevent young persons under 18 years of age from being victims of the sale or trafficking of children. In addition, it asks the Government to provide information on: (1) the number and location of reception centres which have been set up in the country to cater for child victims of trafficking; (2) programmes providing specific medico-social monitoring which have been drawn up and implemented for child victims of trafficking.

2. Project for small-scale gold mines in West Africa. The Committee notes that Burkina Faso is participating in the ILO/IPEC project entitled “Prevention and elimination of child labour in artisanal gold mining in West Africa
(2005–08)”, in which Mali and Niger are also taking part. The specific objective of the project is to remove children from gold mines, while establishing structures to prevent child labour, and to support local activities, particularly those aimed at enhancing the safety and boosting the income of adults working in the mines. The Committee notes that, according to the information in the 2007 ILO/IPEC activity report on the project in small-scale gold mines, more than 240 children had been prevented from being employed in hazardous work in the gold mines and were receiving school education. The Committee requests the Government to provide information on the measures taken under the ILO/IPEC project in small-scale gold mines to: (a) prevent children from being engaged in hazardous work in the mines; and (b) provide the necessary and appropriate direct assistance for the removal of children from this worst form of child labour and to ensure their rehabilitation and social integration. The Committee also requests the Government to provide information on the results obtained.

Clause (e). Taking account of the special situation of girls. The Committee notes that, according to ILO/IPEC–LUTRENA information, internal trafficking, which accounts for 70 per cent of cases, mainly concerns girls who work as servants or as hawkers in the streets of the big cities in the country. It observes that girls, particularly those employed in domestic work, are often the victims of exploitation, which takes on very diverse forms, and it is difficult to monitor their conditions of employment because of the unauthorized nature of the work. The Committee urges the Government to renew its efforts to protect girls, particularly against economic and sexual exploitation, and requests it to provide information on the measures taken in this regard in the context of the LUTRENA programme.

Article 8. International cooperation and assistance. 1. Regional cooperation. Referring to its previous comments, the Committee notes that, apart from the bilateral cooperation agreement on the cross-border trafficking of children signed with Mali, Burkina Faso in 2005 signed the multilateral cooperation agreement on combating the trafficking of children in West Africa and in 2006, the Abuja multilateral cooperation agreement. With regard to the agreement between Mali and Burkina Faso, the Committee notes the Government’s information to the effect that 22 Malian children have been intercepted and repatriated to Mali. The Committee asks the Government to continue providing information on the implementation of the agreements and indicate whether the information exchanges with the other signatory countries have made it possible to: (1) apprehend and arrest persons operating in networks engaged in the trafficking of children; and (2) detect and intercept child victims of trafficking in the border areas.

2. Poverty elimination. With reference to its previous comments, the Committee notes the draft Decent Work Country Programme for Burkina Faso. It notes that the problems connected with child labour form part of the priorities of this country programme, including child labour in rural areas and in mines, and that the Government intends to take measures aimed at eliminating child labour in the context of poverty reduction. Noting that poverty reduction programmes contribute to breaking the poverty cycle, which is essential for the elimination of the worst forms of child labour, the Committee requests the Government to provide information on the measures taken in the context of implementation of the country programme to eliminate the worst forms of child labour, particularly as regards the actual reduction of poverty among child victims of sale and trafficking, of forced begging and also of hazardous work in mines and quarries.

Part III of the report form. Court decisions. The Committee requested the Government to supply copies of court decisions further to the adoption of the Act of 27 May 2003 on the trafficking of children. In this respect, it notes the Government’s indication that information would be sent subsequently to the Office. In view of the information provided by the Government on the number of prosecutions and convictions since the adoption and implementation of Act No. 038-2003/AN of 27 May 2003 defining and repressing the trafficking of children, the Committee hopes that the Government will be able to supply copies of these court decisions  in its next report.

In addition, the Committee is raising a number of other points in a direct request to the Government.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 3. The worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Forced or compulsory recruitment of children for use in armed conflict. The Committee notes that, under the terms of article 10 of the Constitution, all citizens have the duty to contribute to the defence and maintenance of the integrity of the territory. They are under the obligation to perform national service when it is required. The Committee requests the Government to provide information on the age of recruitment into the armed forces and to provide copies of the relevant provisions.

Clause (b). The use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes that the Government’s report does not contain any information on this subject. However, it notes that section 12 of Order No. 539/ITLS/HV, of 29 July 1954, respecting child labour, provides thfsat it is prohibited to employ young persons in the production, handling or sale of written or printed texts, posters, drawings, engravings, paintings, signs, images or other objects the sale, offering, exhibition, posting or distribution of which are such as to be harmful to their morals or exert an unwanted influence upon them. Section 13 of the Order prohibits the employment of young persons in any type of work in premises in which the types of work enumerated in section 12 are carried on. However, the Committee reminds the Government that Article 3(b) of the Convention considers the use, procuring or offering of a child for the production of pornography or for pornographic performances as one of the worst forms of child labour. It would appear that no provision in the legislation prohibits this worst form of child labour. In this regard, the Committee draws the Government’s attention to Article 1 of the Convention which requires that immediate measures be taken to prohibit the worst forms of child labour. The Committee therefore requests the Government to indicate the measures adopted to secure the prohibition of this worst form of child labour in respect of all persons under 18 years of age.

Clause (c). Use, procuring or offering of a child for illicit activities. The production and trafficking of drugs. The Committee notes that the Government’s report does not contain any information on this subject. However, it notes that section 439 of the Penal Code prohibits the production, manufacture, transport, import, export, possession, offering, cession, acquisition and use of drugs, and that sections 441, 442, 444, 445 and 446 of the Penal Code provide that those committing such offences shall be penalized. Nevertheless, the Committee notes that it would appear that no provision prohibits the use, procuring or offering of a young person under 18 years of age for illicit activities, in particular for the production and trafficking of drugs. It therefore requests the Government to indicate whether such a prohibition exists, in accordance with Article 3(c) of the Convention. If not, it requests the Government to indicate the measures adopted or envisaged to prohibit this worst form of child labour in respect of all persons under 18 years of age. In this regard, the Committee draws the Government’s attention to Article 1 which requires that immediate measures be taken to prohibit the worst forms of child labour.

Clause (d). Self-employed workers. The Committee notes that, under the terms of section 1, the Labour Code applies to workers and employers exercising their occupational activity in Burkina Faso, and that section 1(2) of the Labour Code defines a worker as any person who has undertaken to place their occupational activity, in exchange for remuneration, under the direction and authority of an individual or association, whether public or private, known as the employer. The Committee notes that, under the terms of these provisions, the Labour Code does not apply to work by children on their own account. It therefore requests the Government to indicate the measures adopted or envisaged to ensure the protection of children engaged in non-wage economic activities, such as children working on their own account, against being engaged in types of work which, by their nature or the circumstances in which they are carried out, are likely to harm their health, safety or morals.

Article 4, paragraph 1. Determination of types of hazardous work. The Committee notes the information provided by the Government that Order No. 539/ITLS/HV, of 29 July 1954, respecting child labour, determines in Title II the types of work that are hazardous for their morals, which exceed their strength and which are dangerous and are therefore prohibited for young persons. It notes that this text contains a Schedule A, listing types of work that are prohibited for young persons under 18 years of age. The schedule prohibits, among others, work involving the handling of electrical accumulators, fertilizers, explosives and the sharpening and polishing of metals. The Committee notes the Government’s indication in the report provided in 2001 under article 22 of the Constitution of the ILO on the Minimum Age Convention, 1973 (No. 138), that Order No. 539 of 29 January 1954 would be revised to take into account the requirements of the Convention. The Committee accordingly draws the Government’s attention to Article 4, paragraph 1, of Convention No. 182, which provides that the types of work referred to under Article 3(d) must be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). Paragraph 3 of the Recommendation indicates that, in determining the types of work referred to under Article 3(d) of the Convention, and in identifying where they exist, consideration should be given, inter alia, to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, underwater, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in an unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels, or vibrations damaging to their health; and (e) work under particularly difficult conditions, such as work for long hours or during the night, or work where the child is unreasonably confined to the premises of the employer. The Committee hopes that a new list of types of hazardous work will be adopted rapidly and requests the Government to provide a copy once it has been adopted, after consultation with the organizations of employers and workers concerned, in accordance with Articles 3(d) and 4, paragraph 1, of the Convention. When determining the types of hazardous work, the Committee hopes that the Government will take into consideration the types of work enumerated in Paragraph 3 of Recommendation No. 190.

Article 4, paragraph 2. Identification of where types of hazardous work exist. The Committee notes that, according to the information available to the Office, a national workshop was organized on 26 and 27 August 2004 by the Ministry of Labour, Employment and Youth with a view to identifying the worst forms of child labour. The Committee requests the Government to provide information on the conclusions of the workshop.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. The Committee notes that article 18 of the Constitution provides that education, instruction, training (...) constitute social and cultural rights recognized by the present Constitution which is intended to promote them. Article 27 of the Constitution provides that all citizens have the right to instruction. It also notes the adoption of Framework Education Act No. 13/96/ADP of 19 May 1996. This fundamental Act sets out the major orientations relating to school and vocational training and determines the structure of the education system and the various levels of teaching. The Committee further notes that the Ten-Year Plan for the Development of Basic Education (2001-10) provides for an increase in the rate of primary school enrolment from 41 per cent in 2000 to 70 per cent in 2010 and that, at the same time, the Government envisages increasing the proportion of the budget devoted to education from 21.6 per cent in 2000 to 26 per cent in 2010, with 60 per cent of this amount being allocated to primary education. It notes that the gross school enrolment rate was 47.50 per cent in 2002-03. The Committee further notes that the Committee on the Rights of the Child, in its concluding observations in October 2002 (CRC/C/15/Add.193, paragraph 50), noted with appreciation the increase of budget allocations for education and the focus placed on education in the Poverty Reduction Strategy Paper and the creation of “satellite schools”. However, the Committee on the Rights of the Child expressed deep concern at the high illiteracy rate, particularly among women, the lack of pre-school education, the still low enrolment in primary and secondary education, the very high percentage of drop-outs in primary education, the low quality of education, the high teacher-pupil ratio, the very low percentage of children who complete primary education and the important regional disparities. The Committee of Experts notes that the Committee on the Rights of the Child expressed concern that primary education is not totally free and that parents still have to pay for school supplies. It notes the information provided by the Government in its report to the Committee on the Rights of the Child in 2002, according to which the extension up to 16 of the age of completion of compulsory schooling by the Framework Education Act has not in practice appeared to have a real impact on the promotion of the educational system, from which 60 per cent of children of school age are excluded for various reasons, including poverty, the precarious living conditions of their parents, the inadequacy of infrastructure and school buildings. The Committee notes that the Government deplores the fact that certain children who have access to school are sent home, among other reasons for the non-payment of school fees, despite the prohibition in law of the exclusion of children before the age of 16 years. It also notes, according to the national report on the development of education (page 12, paragraph 1.2.2), that provinces with a low rate of school enrolment benefit from investment programmes with a view to improving their gross school enrolment rate. Considering that education contributes to the elimination of the worst forms of child labour, the Committee hopes that the Government will pursue its efforts to improve the educational system. It requests the Government to provide information on the effective and time-bound measures taken in this regard to prevent the engagement of children in the worst forms of child labour.

Clause (d). Identifying and reaching out to children at special risk. 1. HIV/AIDS. The Committee observes that HIV/AIDS has consequences for orphans who are at greater risk of being engaged in the worst forms of child labour. It notes, according to the information provided by the Government in its report submitted to the Committee on the Rights of the Child in 2002 (CRC/C/65/Add.18, paragraph 290), that the HIV/AIDS rate was estimated at 7 per cent in 1999, making Burkina Faso one of the three worst affected countries in West Africa. It further notes that the average annual progression of the rate of infection was 139 per cent a year between 1986 and 1997. It notes that a National Anti-AIDS Committee has been established focusing, among other objectives, on orphans. The Committee requests the Government to provide information on the impact of this programme and of other effective and time-bound measures adopted to improve the situation of these children.

2. Street children. The Committee notes, according to the information provided by the Government in its written replies to the Committee on the Rights of the Child in 2002 (CRC/C/RESP/18, page 28), that 24 per cent of street children are between 7 and 12 years of age and that 62 per cent of them are between 13 and 18 years, distributed approximately evenly between girls and boys, and that 43 per cent of street children beg. It also notes the pilot project established with UNICEF and NGOs to combat the problem of street children. It further notes that the Committee on the Rights of the Child, in its concluding observations in October 2002, expressed concern at the increasing number of children living in the streets and the absence of a global and systematic strategy to address this situation and provide these children with the necessary assistance. The Committee requests the Government to provide information on the effective and time-bound measures adopted to reach out to these children and the impact of these measures.

Clause (e). Taking account of the special situation of girls. The Committee notes certain programmes of action carried out in the context of the National Programme to Combat Child Labour, such as the programme of “support and assistance for young girls working in the informal sector” in Ouagadougou; the “socio-educational action for young girls in rural areas” in the provinces of Bazèga, Bulkiemdé, Oubritenga and Kadiogo; and the prevention and training measures to combat domestic work by girls in Ouagadougou. It also notes that, according to the national report on the development of education in Burkina Faso of June 2004 (page 12, paragraph 1.2.2), that incentives in basic education, such as the coverage of school fees by the State, are intended to encourage school attendance by girls. The Committee requests the Government to provide information on the impact of these measures in protecting girls against the worst forms of child labour.

Article 7, paragraph 3. Designation of the competent authority responsible for the implementation of the provisions giving effect to the Convention. The Committee notes the Government’s indication that the competent authority responsible for the implementation of the measures giving effect to the Convention are the Ministry of Labour, Employment and Youth and the Ministry of Social Action and National Solidarity. It further notes that, under section 218 of the Labour Code, the labour inspectorate, under the authority of the Minister of Labour, is responsible for all matters relating to the conditions of workers and supervises the application of the measures adopted in relation to work and the protection of workers. The territorial inspector of labour and labour laws is explicitly responsible for the enforcement of Order No. 539/ITLC/HV, of 29 July 1954, respecting child labour, under the terms of section 38 of the Order. The Committee notes section 222 of the Labour Code, which establishes the powers of labour inspectors: they may enter freely for the purposes of inspection any workplace liable to inspection, without previous notice at any hour of the day; enter by night any premises in which they may have a reasonable cause to believe that persons covered by the present Act are engaged; to require, where necessary, the opinions and advice of doctors and technicians, and to be accompanied in their visits by staff delegates of the enterprise inspected and doctors; and to carry out any examination, test or inquiry which they may consider necessary in order to satisfy themselves that the legal provisions applicable are being strictly observed. The Committee notes that in its last observation on the Labour Inspection Convention, 1947 (No. 81), in 2001, it noted that, according to the Government, the constraints relating to human and material resources preventing intervention by the inspection services in this field [child labour] were being progressively reduced. The Committee indicated that it hoped that every measure would be taken to enable labour inspectors to participate actively in combating unlawful work by children and in bringing the situation in the country in this respect to the knowledge of the competent authorities. The Committee requests the Government to provide information on the action taken by labour inspectors in practice to combat the worst forms of child labour. It also requests the Government to provide additional information on the activities of the labour inspectorate and to indicate the appropriate mechanisms that it has established to enforce the implementation of the provisions of the Convention, and their impact on the elimination of the worst forms of child labour.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes the Government’s indication that appreciable assistance is being provided by IPEC in the context of the implementation of the Convention. However, it notes the absence of statistics from the Government’s report. The Committee further notes the information provided by the Government in its last report, according to which a study on child labour in metallurgy is envisaged. It therefore requests the Government to provide statistics and 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, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. In its previous comments, the Committee noted concordant information from various sources that the cases of the trafficking of persons for the exploitation of their labour concern a significant number of children in Burkina Faso with the objective of utilizing child labour, particularly in agriculture. It noted that, according to the information contained in the ILO’s Global Report “Stop forced labour” of 2001 (paragraph 57), children from Burkina Faso are obliged to work in plantations in Côte d’Ivoire and that Burkina Faso is, at the same time, a provider, a receiving country and a transit country. It noted that intermediaries, who operate from Côte d’Ivoire, have children delivered to them by other intermediaries operating in Burkina Faso (summary report of the subregional project of the International Programme on the Elimination of Child Labour (ILO/IPEC, 2001) “Combating child trafficking for labour exploitation in West and Central Africa”, page 9).

The Committee notes that Act No. 038-2003/AN, defining and repressing the trafficking of children, was adopted on 27 May 2003. It notes that section 1 of the Act provides that a child is any human being aged under 18 years. Section 3 provides that the trafficking of children shall be deemed to be any act through which a child is procured, transported, removed, lodged or received within or outside the territory of Burkina Faso by one or more traffickers through threats and intimidation, force or other forms of constraint, deception, subterfuge or deceit, abuse of power, or exploitation of the situation of vulnerability of a child or, through offering or receiving of remuneration to obtain the consent of a person exercising control over the child for the purposes of economic or sexual exploitation, unlawful adoption, premature or forced matrimony or any other purpose prejudicial to the health, physical and mental development and well-being of the child. The Committee notes that the same penalties are applicable to any person who, having knowledge of a case of the trafficking of a child or children or having discovered a person under 18 years of age under the above conditions, has not immediately notified the administrative or judiciary authorities or any person capable of preventing it from occurring. The Committee requests the Government to provide information on the application of the above provisions in practice.

Article 5. Monitoring mechanisms. The Committee notes the Government’s indication that vigilance and supervision committees have been established by the Ministry of Social Action and National Solidarity. It further notes that these committees also include state officials, namely the police, the gendarmerie, customs, social workers, labour inspectors and representatives of civil society. The Committee requests the Government to provide information on the activities of these vigilance and supervision committees, particularly by providing extracts of reports or documents and indicating the results achieved by these committees in terms of preventing the trafficking of young persons under 18 years of age for economic exploitation.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes that Burkina Faso is participating in the ILO/IPEC LUTRENA (Combating the trafficking in children for labour exploitation in West and Central Africa) programme, which covers nine countries: Benin, Burkina Faso, Cameroon, Côte d’Ivoire, Gabon, Ghana, Mali, Nigeria and Togo. It notes, according to the information available, that the Government, with other actors who are essential to combat the trafficking of children, has prepared a draft National Plan of Action against the Trafficking of Children. It appears that this Plan is due to be approved in the coming months. The Committee requests the Government to provide information on the adoption and implementation of this National Plan of Action.

The Committee also notes that the ILO/IPEC Red Card Programme for the promotion of information and awareness-raising action at the national level at the various matches of the championship has been introduced in Burkina Faso. The Committee further notes that ILO/IPEC has launched a new initiative based on education and social mobilization, namely “SCREAM (Supporting Children’s Rights through Education, the Arts and the Media) Stop Child Labour!” with a view to helping educators worldwide promote understanding and awareness among child labour among young people. This initiative is also intended to raise awareness of school children and strengthen their capacity to educate and inform their peers and families so as to have an impact on their own communities. The Committee requests the Government to continue providing information on the implementation of these programmes of action.

Article 7, paragraph 2. Effective and time-bound measures. Clause (b). Removing children from the worst forms of child labour and securing their rehabilitation and social integration. The Committee notes from the information contained in the ILO/IPEC synthesis report of 2000 for the LUTRENA programme against trafficking (page 22), that studies have shown that children from Burkina Faso are transferred to Benin through Togo. The Committee notes that, according to the same report (page 9), the police intercepted five children leaving for Côte d’Ivoire in 1996; the same services discovered eight children from Burkina Faso in Divo in Côte d’Ivoire in 1999, 12 in Germany who were leaving for Italy and two children sent to Ghana. It also notes that 27 abductions of children have been reported, ten of whom were found in Nigeria and 17 in Côte d’Ivoire. It further observes that in March 2000 a convoy was intercepted leaving for Côte d’Ivoire with 22 young persons aged between 14 and 20 years. The Committee notes that, according to the same summary report, 116 children working in the informal economy were interviewed and that they work as itinerant traders, domestic workers and in agriculture and prostitution. Many of them are girls, aged between 12 and 17 years; 45 per cent of these young persons are illiterate, 49 per cent of them had reached the level of primary school and only 6 per cent had entered secondary school. It notes that in July 2004, five children from Burkina Faso, victims of trafficking for economic exploitation in cotton plantations, were repatriated to their families by the vigilance and supervision committee. The Committee notes that 250 children have been withdrawn from trafficking and rehabilitated in Burkina Faso since the beginning of the LUTRENA programme. It further notes that the LUTRENA programme has coordinated the organization of training modules for the security forces (particularly the police) on measures to combat the trafficking of children. The Committee requests the Government to provide information on the impact of the LUTRENA programme in removing children from trafficking and providing for their rehabilitation and social integration.

Article 8. Enhanced international cooperation and assistance. l.  International cooperation. The Committee notes that Burkina Faso is a member of Interpol, the organization which assists in cooperation between countries in the various regions, particularly to combat the trafficking of children. It also notes that Burkina Faso ratified the Convention on the Rights of the Child in August 1990 and that it signed the Optional Protocol on the sale of children, child prostitution and child pornography in November 2001. It further notes the Government’s indication in the report submitted to the Committee on the Rights of the Child in 2002 (CRC/C/65/Add.18, paragraph 482) that the principle of extraterritoriality is the subject of judicial agreements between Burkina Faso and France, and between Burkina Faso and 11 African countries.

2. Regional cooperation. The Committee notes that a cooperation agreement was signed on 25 June 2004 between the Republic of Mali and Burkina Faso concerning the transboundary trafficking of children. This agreement was made possible through the assistance of the LUTRENA programme, UNICEF and Save the Children Canada. The Committee requests the Government to provide information on the implementation of this agreement and on the results achieved in relation to the trafficking of children between Burkina Faso and Mali.

3. Poverty elimination. The Committee notes that a Poverty Reduction Strategy Paper was formulated in June 2000 and that, according to this Paper, Burkina Faso is one of the poorest countries in the world. The plan of action envisaged in the Paper is focussed on three areas: health, education and rural development. Noting that poverty reduction programmes contribute to breaking the poverty cycle, which is essential for the elimination of the worst forms of child labour, the Committee requests the Government to provide information on the impact of this development aid on the elimination of the worst forms of child labour, with particular reference to the trafficking of children.

Part III of the report form. Court decisions. The Committee notes three decisions by the High Court in Fada N’Gourma (Nos. 152, 153 and 165), dated 13 June 2001 and 29 May 2002. It notes that in these cases individuals were intercepted when they were transporting young persons and planned to make them work in their plantation in Benin, without the agreement of their parents. In these three cases, the Committee notes that the Court reclassified the charges to the abduction of minors, which constitutes an offence under section 402 of the Penal Code and is punishable by a sentence of imprisonment of from one to five years and a fine of from 300,000 to 1,500,000 CFA francs. However, the Committee notes that the existence of attenuating circumstances allowed the Court to apply the provisions of section 81(2) of the Penal Code in the three cases in its ruling of June 2001 and only to convict the defendants in one case to one month of imprisonment and the two other defendants to suspended sentences of six months of imprisonment and a fine of 50,000 CFA francs in May 2002. The Committee once again requests the Government to indicate the nature of the attenuating circumstances accepted by the Court, to indicate whether these sentences have been served by those who committed the offence and whether court decisions have since been made under the new Act of 27 May 2003 on the trafficking of children. If so, the Committee requests the Government to provide copies of these decisions.

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

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s first and second reports. The Committee requests the Government to provide information on the following points.

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. The Committee notes the information provided by the Government to the effect that a Memorandum of Understanding (MOU) was signed in February 1999 between ILO/IPEC and the Government and was officially launched in October 1999. The Committee requests the Government to continue providing information on the measures adopted and to indicate the impact of these measures on the prohibition and elimination of the worst forms of child labour.

Article 3. The worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Forced or compulsory labour. The Committee notes that article 2 of the Constitution provides that slavery, slavery-like practices (...) and all forms of degradation of human beings are prohibited and punished by the law. It also notes that, under section 2 of the Labour Code, forced or compulsory labour is subject to an absolute prohibition and that the term "forced labour" means any work or service exacted from a person under the menace of any penalty and for which that person has not offered her or himself voluntarily. The Committee notes that section 2 provides for several exceptions under which work or services could be required, but specifies that in any case they may only be required from able-bodied adults whose age is not presumed to be lower than 18 years.

2. Forced or compulsory recruitment of children for use in armed conflict. The Committee notes that, under the terms of article 10 of the Constitution, all citizens have the duty to contribute to the defence and maintenance of the integrity of the territory. They are under the obligation to perform national service when it is required. The Committee requests the Government to provide information on the age of recruitment into the armed forces and to provide copies of the relevant provisions.

Clause (b). 1. The use, procuring or offering of a child for prostitution. The Committee notes that section 422 of the Penal Code provides for the punishment of any person who habitually incites young persons of between 13 and 18 years of age of either sex, or even occasionally young persons under 13 years of age, to engage in debauchery or facilitates their corruption. Section 424 provides that any person is considered to be a procurer who knowingly aids, abets or protects the prostitution of another person or soliciting with a view to prostitution; procures, removes or maintains, even with consent, any person with a view to prostitution or engages that person in prostitution or debauchery; acts as an intermediary in any manner whatsoever between persons engaged in prostitution or debauchery and individuals who exploit or remunerate the prostitution or debauchery of others.

2. The use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes that the Government’s report does not contain any information on this subject. However, it notes that section 12 of Order No. 539/ITLS/HV, of 29 July 1954, respecting child labour, provides that it is prohibited to employ young persons in the production, handling or sale of written or printed texts, posters, drawings, engravings, paintings, signs, images or other objects the sale, offering, exhibition, posting or distribution of which are such as to be harmful to their morals or exert an unwanted influence upon them. Section 13 of the Order prohibits the employment of young persons in any type of work in premises in which the types of work enumerated in section 12 are carried on. However, the Committee reminds the Government that Article 3(b) of the Convention considers the use, procuring or offering of a child for the production of pornography or for pornographic performances as one of the worst forms of child labour. It would appear that no provision in the legislation prohibits this worst form of child labour. In this regard, the Committee draws the Government’s attention to Article 1 of the Convention which requires that immediate measures be taken to prohibit the worst forms of child labour. The Committee therefore requests the Government to indicate the measures adopted to secure the prohibition of this worst form of child labour in respect of all persons under 18 years of age.

Clause (c). The use, procuring or offering of a child for illicit activities. 1. The production and trafficking of drugs. The Committee notes that the Government’s report does not contain any information on this subject. However, it notes that section 439 of the Penal Code prohibits the production, manufacture, transport, import, export, possession, offering, cession, acquisition and use of drugs, and that sections 441, 442, 444, 445 and 446 of the Penal Code provide that those committing such offences shall be penalized. Nevertheless, the Committee notes that it would appear that no provision prohibits the use, procuring or offering of a young person under 18 years of age for illicit activities, in particular for the production and trafficking of drugs. It therefore requests the Government to indicate whether such a prohibition exists, in accordance with Article 3(c) of the Convention. If not, it requests the Government to indicate the measures adopted or envisaged to prohibit this worst form of child labour in respect of all persons under 18 years of age. In this regard, the Committee draws the Government’s attention to Article 1 which requires that immediate measures be taken to prohibit the worst forms of child labour.

2. Begging. The Committee further notes that section 244 of the Labour Code penalizes persons who employ or encourage other persons to beg, and that section 245 of the Labour Code provides for augmented penalties for any person who, while exercising authority over the young person, exposes said person to delinquency or transfers her or him to individuals who encourage or employ said person in begging.

Clause (d). Hazardous work. The Committee notes that section 87 of the Labour Code provides that a decree issued by the Council of Ministers, following an opinion by the Advisory Labour Commission, shall determine the nature of the work and the categories of enterprises that are prohibited for young persons and the age up to which this prohibition applies. It also notes that section 1 of Order No. 539/ITLS/HV, of 29 July 1954, respecting child labour provides that in establishments of any nature whatsoever, whether they be agricultural, commercial or industrial, public or private, lay or religious, even where such establishments are engaged in vocational teaching or welfare, including family enterprises or in private homes, it shall be prohibited to employ young persons of either sex who are aged under 18 years of age on work which is in excess of their strength, gives rise to risks of danger or which, by its nature or the circumstances in which it is carried out, is likely to harm their morals. It also notes that section 88 of the Labour Code provides that the labour inspector may require young persons to be examined by an approved doctor, with a view to ascertaining whether the work with which they are entrusted is not in excess of their strength. Such an examination shall be compulsory at the request of the persons concerned. Section 88(2) provides that a young person may not be maintained in a job recognized as being beyond the young person’s strength.

Self-employed workers. The Committee notes that, under the terms of section 1, the Labour Code applies to workers and employers exercising their occupational activity in Burkina Faso, and that section 1(2) of the Labour Code defines a worker as any person who has undertaken to place their occupational activity, in exchange for remuneration, under the direction and authority of an individual or association, whether public or private, known as the employer. The Committee notes that, under the terms of these provisions, the Labour Code does not apply to work by children on their own account. It therefore requests the Government to indicate the measures adopted or envisaged to ensure the protection of children engaged in non-wage economic activities, such as children working on their own account, against being engaged in types of work which, by their nature or the circumstances in which they are carried out, are likely to harm their health, safety or morals.

Article 4, paragraph 1. Determination of types of hazardous work. The Committee notes the information provided by the Government that Order No. 539/ITLS/HV, of 29 July 1954, respecting child labour, determines in Title II the types of work that are hazardous for their morals, which exceed their strength and which are dangerous and are therefore prohibited for young persons. It notes that this text contains a Schedule A, listing types of work that are prohibited for young persons under 18 years of age. The schedule prohibits, among others, work involving the handling of electrical accumulators, fertilizers, explosives and the sharpening and polishing of metals. The Committee notes the Government’s indication in the report provided in 2001 under article 22 of the Constitution of the ILO on the Minimum Age Convention, 1973 (No. 138), that Order No. 539 of 29 January 1954 would be revised to take into account the requirements of the Convention. The Committee accordingly draws the Government’s attention to Article 4, paragraph 1, of Convention No. 182, which provides that the types of work referred to under Article 3(d) must be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). Paragraph 3 of the Recommendation indicates that, in determining the types of work referred to under Article 3(d) of the Convention, and in identifying where they exist, consideration should be given, inter alia, to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, underwater, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in an unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels, or vibrations damaging to their health; and (e) work under particularly difficult conditions, such as work for long hours or during the night, or work where the child is unreasonably confined to the premises of the employer. The Committee hopes that a new list of types of hazardous work will be adopted rapidly and requests the Government to provide a copy once it has been adopted, after consultation with the organizations of employers and workers concerned, in accordance with Articles 3(d) and 4, paragraph 1, of the Convention. When determining the types of hazardous work, the Committee hopes that the Government will take into consideration the types of work enumerated in Paragraph 3 of Recommendation No. 190.

Article 4, paragraph 2. Identification of where types of hazardous work exist. The Committee notes that, according to the information available to the Office, a national workshop was organized on 26 and 27 August 2004 by the Ministry of Labour, Employment and Youth with a view to identifying the worst forms of child labour. The Committee requests the Government to provide information on the conclusions of the workshop.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes that, according to the information provided by the Government, a National Programme to Combat Child Labour was launched in October 1999 in cooperation with ILO/IPEC. This programme forms part of a progressive strategy to achieve tangible results in the short and medium term. The Committee notes that this approach is intended, among other objectives, to abolish child labour in the most hazardous activities and to provide children with viable alternatives, and to raise the awareness of key actors while reinforcing their capacities for intervention. It also notes that the National Programme to Combat Child Labour has organized three training seminars and implemented 13 programmes of action. The three training seminars include the training of trade union representatives, employers and the State, and labour inspectors and controllers. The programmes of action include the following: improvement of the living and working conditions of children working in two gold-bearing sites in the Sahel in Burkina Faso; support and assistance to child workers in high-risk trades in the informal economy in Ouagadougou; combating child labour in the rural areas of Karséguéra through prevention, non-formal education and vocational training; and support for the removal of 150 children working in the quarry in Pissy (Province of Kadiogo).

Article 7, paragraph 1. Penalties. The Committee notes that section 238 of the Labour Code establishes a fine of between 50,000 and 300,000 CFA francs and a sentence of imprisonment of between one month and three years, or only one of these two penalties, and, in the case of repeat offences, a fine of between 300,000 and 600,000 CFA francs and a sentence of imprisonment of from two months to five years, or only one of these two penalties, for those guilty of infringements of the provisions of section 2 of the Labour Code, which prohibits forced labour. It further notes that section 244 of the Penal Code establishes a sentence of imprisonment of from three months to one year for any person who incites or employs other persons in begging. Section 245 of the Penal Code establishes a penalty of imprisonment of between six months and two years for any person who, exercising authority over a young person, exposes said person to delinquency or hands her or him over to individuals who incite or employ her or him in begging. The Committee also notes that section 422 of the Penal Code provides that any person whatsoever who habitually incites young persons between 13 and 18 years of age of either sex, or even occasionally young persons under 13 years of age, to engage in debauchery or facilitates their corruption, shall be penalized by a sentence of imprisonment of from two to five years and a fine of from 600,000 to 1,500,000 CFA francs. It further notes that, under section 237 of the Labour Code, any person found guilty of violations of Order No. 539 respecting hazardous types of work prohibited for young persons under 18 years of age shall be liable to a fine of between 5,000 and 50,000 CFA francs and a sentence of imprisonment of between three and 15 days, or to one of these penalties only, and, in the case of repeat offences, to a fine of between 50,000 and 100,000 CFA francs and a sentence of imprisonment of between two weeks and one month, or to one of these penalties only. The Committee requests the Government to provide information on the application of these penalties in practice.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. The Committee notes that article 18 of the Constitution provides that education, instruction, training (...) constitute social and cultural rights recognized by the present Constitution which is intended to promote them. Article 27 of the Constitution provides that all citizens have the right to instruction. It also notes the adoption of Framework Education Act No. 13/96/ADP of 19 May 1996. This fundamental Act sets out the major orientations relating to school and vocational training and determines the structure of the education system and the various levels of teaching. The Committee further notes that the Ten-Year Plan for the Development of Basic Education (2001-10) provides for an increase in the rate of primary school enrolment from 41 per cent in 2000 to 70 per cent in 2010 and that, at the same time, the Government envisages increasing the proportion of the budget devoted to education from 21.6 per cent in 2000 to 26 per cent in 2010, with 60 per cent of this amount being allocated to primary education. It notes that the gross school enrolment rate was 47.50 per cent in 2002-03. The Committee further notes that the Committee on the Rights of the Child, in its concluding observations in October 2002 (CRC/C/15/Add.193, paragraph 50), noted with appreciation the increase of budget allocations for education and the focus placed on education in the Poverty Reduction Strategy Paper and the creation of "satellite schools". However, the Committee on the Rights of the Child expressed deep concern at the high illiteracy rate, particularly among women, the lack of pre-school education, the still low enrolment in primary and secondary education, the very high percentage of drop-outs in primary education, the low quality of education, the high teacher-pupil ratio, the very low percentage of children who complete primary education and the important regional disparities. The Committee of Experts notes that the Committee on the Rights of the Child expressed concern that primary education is not totally free and that parents still have to pay for school supplies. It notes the information provided by the Government in its report to the Committee on the Rights of the Child in 2002, according to which the extension up to 16 of the age of completion of compulsory schooling by the Framework Education Act has not in practice appeared to have a real impact on the promotion of the educational system, from which 60 per cent of children of school age are excluded for various reasons, including poverty, the precarious living conditions of their parents, the inadequacy of infrastructure and school buildings. The Committee notes that the Government deplores the fact that certain children who have access to school are sent home, among other reasons for the non-payment of school fees, despite the prohibition in law of the exclusion of children before the age of 16 years. It also notes, according to the national report on the development of education (page 12, paragraph 1.2.2), that provinces with a low rate of school enrolment benefit from investment programmes with a view to improving their gross school enrolment rate. Considering that education contributes to the elimination of the worst forms of child labour, the Committee hopes that the Government will pursue its efforts to improve the educational system. It requests the Government to provide information on the effective and time-bound measures taken in this regard to prevent the engagement of children in the worst forms of child labour.

Clause (d). Identifying and reaching out to children at special risk. 1. HIV/AIDS. The Committee observes that HIV/AIDS has consequences for orphans who are at greater risk of being engaged in the worst forms of child labour. It notes, according to the information provided by the Government in its report submitted to the Committee on the Rights of the Child in 2002 (CRC/C/65/Add.18, paragraph 290), that the HIV/AIDS rate was estimated at 7 per cent in 1999, making Burkina Faso one of the three worst affected countries in West Africa. It further notes that the average annual progression of the rate of infection was 139 per cent a year between 1986 and 1997. It notes that a National Anti-AIDS Committee has been established focusing, among other objectives, on orphans. The Committee requests the Government to provide information on the impact of this programme and of other effective and time-bound measures adopted to improve the situation of these children.

2. Street children. The Committee notes, according to the information provided by the Government in its written replies to the Committee on the Rights of the Child in 2002 (CRC/C/RESP/18, page 28), that 24 per cent of street children are between 7 and 12 years of age and that 62 per cent of them are between 13 and 18 years, distributed approximately evenly between girls and boys, and that 43 per cent of street children beg. It also notes the pilot project established with UNICEF and NGOs to combat the problem of street children. It further notes that the Committee on the Rights of the Child, in its concluding observations in October 2002, expressed concern at the increasing number of children living in the streets and the absence of a global and systematic strategy to address this situation and provide these children with the necessary assistance. The Committee requests the Government to provide information on the effective and time-bound measures adopted to reach out to these children and the impact of these measures.

Clause (e). Taking account of the special situation of girls. The Committee notes certain programmes of action carried out in the context of the National Programme to Combat Child Labour, such as the programme of "support and assistance for young girls working in the informal sector" in Ouagadougou; the "socio-educational action for young girls in rural areas" in the provinces of Bazèga, Bulkiemdé, Oubritenga and Kadiogo; and the prevention and training measures to combat domestic work by girls in Ouagadougou. It also notes that, according to the national report on the development of education in Burkina Faso of June 2004 (page 12, paragraph 1.2.2), that incentives in basic education, such as the coverage of school fees by the State, are intended to encourage school attendance by girls. The Committee requests the Government to provide information on the impact of these measures in protecting girls against the worst forms of child labour.

Article 7, paragraph 3. Designation of the competent authority responsible for the implementation of the provisions giving effect to the Convention. The Committee notes the Government’s indication that the competent authority responsible for the implementation of the measures giving effect to the Convention are the Ministry of Labour, Employment and Youth and the Ministry of Social Action and National Solidarity. It further notes that, under section 218 of the Labour Code, the labour inspectorate, under the authority of the Minister of Labour, is responsible for all matters relating to the conditions of workers and supervises the application of the measures adopted in relation to work and the protection of workers. The territorial inspector of labour and labour laws is explicitly responsible for the enforcement of Order No. 539/ITLC/HV, of 29 July 1954, respecting child labour, under the terms of section 38 of the Order. The Committee notes section 222 of the Labour Code, which establishes the powers of labour inspectors: they may enter freely for the purposes of inspection any workplace liable to inspection, without previous notice at any hour of the day; enter by night any premises in which they may have a reasonable cause to believe that persons covered by the present Act are engaged; to require, where necessary, the opinions and advice of doctors and technicians, and to be accompanied in their visits by staff delegates of the enterprise inspected and doctors; and to carry out any examination, test or inquiry which they may consider necessary in order to satisfy themselves that the legal provisions applicable are being strictly observed. The Committee notes that in its last observation on the Labour Inspection Convention, 1947 (No. 81), in 2001, it noted that, according to the Government, the constraints relating to human and material resources preventing intervention by the inspection services in this field [child labour] were being progressively reduced. The Committee indicated that it hoped that every measure would be taken to enable labour inspectors to participate actively in combating unlawful work by children and in bringing the situation in the country in this respect to the knowledge of the competent authorities. The Committee requests the Government to provide information on the action taken by labour inspectors in practice to combat the worst forms of child labour. It also requests the Government to provide additional information on the activities of the labour inspectorate and to indicate the appropriate mechanisms that it has established to enforce the implementation of the provisions of the Convention, and their impact on the elimination of the worst forms of child labour.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes the Government’s indication that appreciable assistance is being provided by IPEC in the context of the implementation of the Convention. However, it notes the absence of statistics from the Government’s report. The Committee further notes the information provided by the Government in its last report, according to which a study on child labour in metallurgy is envisaged. It therefore requests the Government to provide statistics and 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, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s first and second reports. With reference to its comments under the Forced Labour Convention, 1930 (No. 29), and Article 3(a) of the Worst Forms of Child Labour Convention, 1999 (No. 182), which provides that the term "the worst forms of child labour" comprises all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, the Committee considers that the problem of the sale and trafficking of children for the purposes of sexual and economic exploitation may be examined more specifically in the context of Convention No. 182. It requests the Government to provide information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. In its previous comments, the Committee noted concordant information from various sources that the cases of the trafficking of persons for the exploitation of their labour concern a significant number of children in Burkina Faso with the objective of utilizing child labour, particularly in agriculture. It noted that, according to the information contained in the ILO’s Global Report "Stop forced labour" of 2001 (paragraph 57), children from Burkina Faso are obliged to work in plantations in Côte d’Ivoire and that Burkina Faso is, at the same time, a provider, a receiving country and a transit country. It noted that intermediaries, who operate from Côte d’Ivoire, have children delivered to them by other intermediaries operating in Burkina Faso (summary report of the subregional project of the International Programme on the Elimination of Child Labour (ILO/IPEC, 2001) "Combating child trafficking for labour exploitation in West and Central Africa", page 9).

The Committee notes that Act No. 038-2003/AN, defining and repressing the trafficking of children, was adopted on 27 May 2003. It notes that section 1 of the Act provides that a child is any human being aged under 18 years. Section 3 provides that the trafficking of children shall be deemed to be any act through which a child is procured, transported, removed, lodged or received within or outside the territory of Burkina Faso by one or more traffickers through threats and intimidation, force or other forms of constraint, deception, subterfuge or deceit, abuse of power, or exploitation of the situation of vulnerability of a child or, through offering or receiving of remuneration to obtain the consent of a person exercising control over the child for the purposes of economic or sexual exploitation, unlawful adoption, premature or forced matrimony or any other purpose prejudicial to the health, physical and mental development and well-being of the child. The Committee notes that the same penalties are applicable to any person who, having knowledge of a case of the trafficking of a child or children or having discovered a person under 18 years of age under the above conditions, has not immediately notified the administrative or judiciary authorities or any person capable of preventing it from occurring. The Committee requests the Government to provide information on the application of the above provisions in practice.

Article 5. Mechanisms to monitor the implementation of the provisions giving effect to the Convention. The Committee notes the Government’s indication that vigilance and supervision committees have been established by the Ministry of Social Action and National Solidarity. It further notes that these committees also include state officials, namely the police, the gendarmerie, customs, social workers, labour inspectors and representatives of civil society. The Committee requests the Government to provide information on the activities of these vigilance and supervision committees, particularly by providing extracts of reports or documents and indicating the results achieved by these committees in terms of preventing the trafficking of young persons under 18 years of age for economic exploitation.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes that Burkina Faso is participating in the ILO/IPEC LUTRENA (Combating the trafficking in children for labour exploitation in West and Central Africa) programme, which covers nine countries: Benin, Burkina Faso, Cameroon, Côte d’Ivoire, Gabon, Ghana, Mali, Nigeria and Togo. It notes, according to the information available, that the Government, with other actors who are essential to combat the trafficking of children, has prepared a draft National Plan of Action against the Trafficking of Children. It appears that this Plan is due to be approved in the coming months. The Committee requests the Government to provide information on the adoption and implementation of this National Plan of Action.

The Committee also notes that the ILO/IPEC Red Card Programme for the promotion of information and awareness-raising action at the national level at the various matches of the championship has been introduced in Burkina Faso. The Committee further notes that ILO/IPEC has launched a new initiative based on education and social mobilization, namely "SCREAM (Supporting Children’s Rights through Education, the Arts and the Media) Stop Child Labour!" with a view to helping educators worldwide promote understanding and awareness among child labour among young people. This initiative is also intended to raise awareness of school children and strengthen their capacity to educate and inform their peers and families so as to have an impact on their own communities. The Committee requests the Government to continue providing information on the implementation of these programmes of action.

Article 7, paragraph 1. Measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention. The Committee notes that section 398 of the Penal Code establishes a penalty of between five and ten years of imprisonment for any person who, through violence, threats or fraud, abducts or causes to be abducted a young person, or removes, misleads or transfers, or causes said person to be removed, misled or transferred from wherever she or he had been placed by the authority or directorate to which she or he had been submitted or entrusted. It also notes that section 4 of the Act of 31 July 2003 defining and repressing the trafficking of children, establishes a penalty of imprisonment of from one to five years and a fine of from 300,000 to 1,500,000 CFA francs, or one of these two penalties, for any person who is engaged in the trafficking of children, wherever the crime is committed. Section 4(2) provides that the same penalties shall be applicable to any person who, having knowledge of a case of the trafficking of children or discovered a young person under 18 years of age under the above conditions, has not immediately notified the administrative or judicial authorities, or any person capable of preventing it from occurring. The Committee also notes with interest that section 5 of the same Act imposes a penalty of imprisonment of from five to ten years on any individual found guilty of the trafficking of children involving circumstances in which the victim is exposed to hazardous or arduous forms of work or the worst forms of child labour. The Committee requests the Government to provide information on the application of these penalties in practice.

Article 7, paragraph 2. Effective and time-bound measures. Clause (b). Removing of children from the worst forms of child labour and securing their rehabilitation and social integration. The Committee notes from the information contained in the ILO/IPEC synthesis report of 2000 for the LUTRENA programme against trafficking (page 22), that studies have shown that children from Burkina Faso are transferred to Benin through Togo. The Committee notes that, according to the same report (page 9), the police intercepted five children leaving for Côte d’Ivoire in 1996; the same services discovered eight children from Burkina Faso in Divo in Côte d’Ivoire in 1999, 12 in Germany who were leaving for Italy and two children sent to Ghana. It also notes that 27 abductions of children have been reported, ten of whom were found in Nigeria and 17 in Côte d’Ivoire. It further observes that in March 2000 a convoy was intercepted leaving for Côte d’Ivoire with 22 young persons aged between 14 and 20 years. The Committee notes that, according to the same summary report, 116 children working in the informal economy were interviewed and that they work as itinerant traders, domestic workers and in agriculture and prostitution. Many of them are girls, aged between 12 and 17 years; 45 per cent of these young persons are illiterate, 49 per cent of them had reached the level of primary school and only 6 per cent had entered secondary school. It notes that in July 2004, five children from Burkina Faso, victims of trafficking for economic exploitation in cotton plantations, were repatriated to their families by the vigilance and supervision committee. The Committee notes that 250 children have been withdrawn from trafficking and rehabilitated in Burkina Faso since the beginning of the LUTRENA programme. It further notes that the LUTRENA programme has coordinated the organization of training modules for the security forces (particularly the police) on measures to combat the trafficking of children. The Committee requests the Government to provide information on the impact of the LUTRENA programme in removing children from trafficking and providing for their rehabilitation and social integration.

Article 8. Enhanced international cooperation and/or assistance. l.  International cooperation. The Committee notes that Burkina Faso is a member of Interpol, the organization which assists in cooperation between countries in the various regions, particularly to combat the trafficking of children. It also notes that Burkina Faso ratified the Convention on the Rights of the Child in August 1990 and that it signed the Optional Protocol on the sale of children, child prostitution and child pornography in November 2001. It further notes the Government’s indication in the report submitted to the Committee on the Rights of the Child in 2002 (CRC/C/65/Add.18, paragraph 482) that the principle of extraterritoriality is the subject of judicial agreements between Burkina Faso and France, and between Burkina Faso and 11 African countries.

2. Regional cooperation. The Committee notes that a cooperation agreement was signed on 25 June 2004 between the Republic of Mali and Burkina Faso concerning the transboundary trafficking of children. This agreement was made possible through the assistance of the LUTRENA programme, UNICEF and Save the Children Canada. The Committee requests the Government to provide information on the implementation of this agreement and on the results achieved in relation to the trafficking of children between Burkina Faso and Mali.

3. Poverty elimination. The Committee notes that a Poverty Reduction Strategy Paper was formulated in June 2000 and that, according to this Paper, Burkina Faso is one of the poorest countries in the world. The plan of action envisaged in the Paper is focussed on three areas: health, education and rural development. Noting that poverty reduction programmes contribute to breaking the poverty cycle, which is essential for the elimination of the worst forms of child labour, the Committee requests the Government to provide information on the impact of this development aid on the elimination of the worst forms of child labour, with particular reference to the trafficking of children.

The Committee encourages the Government to cooperate with other countries and requests it to provide detailed information on enhanced international cooperation and assistance, including support for social and economic development, poverty eradication programmes and universal education.

Part III of the report form. Court decisions. The Committee notes three decisions by the High Court in Fada N’Gourma (Nos. 152, 153 and 165), dated 13 June 2001 and 29 May 2002. It notes that in these cases individuals were intercepted when they were transporting young persons and planned to make them work in their plantation in Benin, without the agreement of their parents. In these three cases, the Committee notes that the Court reclassified the charges to the abduction of minors, which constitutes an offence under section 402 of the Penal Code and is punishable by a sentence of imprisonment of from one to five years and a fine of from 300,000 to 1,500,000 CFA francs. However, the Committee notes that the existence of attenuating circumstances allowed the Court to apply the provisions of section 81(2) of the Penal Code in the three cases in its ruling of June 2001 and only to convict the defendants in one case to one month of imprisonment and the two other defendants to suspended sentences of six months of imprisonment and a fine of 50,000 CFA francs in May 2002. The Committee requests the Government to indicate the nature of the attenuating circumstances accepted by the Court, to indicate whether these sentences have been served by those who committed the offence and whether court decisions have since been made under the new Act of 27 May 2003 on the trafficking of children. If so, the Committee requests the Government to provide copies of these decisions.

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