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

Individual Case (CAS) - Discussion: 2013, Publication: 102nd ILC session (2013)



A Government representative recalled the international Conventions ratified by Senegal concerning the protection of children’s rights and also recalled the existing national framework in that regard. Referring to the request of the Committee of Experts regarding the steps taken against begging and the trafficking of persons, she emphasized the adoption by the Council of Ministers on 29 November 2012 of the National Framework Plan for the Prevention and Elimination of Child Labour (PCNPETE), together with an action plan up to 2016 for combating child labour; and the holding of an inter-ministerial council on 8 February 2013, chaired by the Prime Minister, on the ways and means of eradicating the practice of begging. The Steering Committee responsible for the follow-up and implementation of recommendations from the inter-ministerial council had drawn up a National Framework Plan for the Eradication of Begging (PNEMI) 2013–15. The Plan, adopted in April 2013, contained a set of short-term measures involving, inter alia, the following priority areas of action: provision of care for children; the eligibility of Koranic schools that followed norms and standards; the return of foreign children to their families; and an information campaign for both the public and the authorities. During his address to the nation on 3 April 2013, the President of the Republic had announced important measures for basic education, including some specifically for pupils in Koranic schools. Regarding the application of Articles 3(a) and 7(1) of the Convention, the Government representative referred to the report of 28 December 2010 submitted to the Human Rights Council further to the mission to Senegal, and indicated that her Government had presented further information at the 16th session of the Human Rights Council in February–March 2011 to clarify the inconsistency noted between the provisions of section 245 of the Penal Code and those of Act No. 2005-06. She reiterated the remarks made by her Government at the 16th session of the Human Rights Council, explaining that section 3 of the aforementioned Act penalized all forms of exploitation of begging undertaken by others, and section 245 of the Penal Code made the distinction between prohibited begging, which was punished, and tolerated begging, namely begging undertaken on days and in places established by religious traditions. Both Acts coincided in condemning persons who allowed begging by young people under their authority. Consequently, her Government considered that there was no ambiguity between the provisions of section 245 of the Penal Code and those of Act No. 2005–06. Furthermore, the Government was contemplating strengthening the child protection system by establishing a children’s code, which was being finalized. Describing the existing legal framework, she stated that the statistics compiled from the prosecution services showed many prosecutions and convictions of perpetrators of trafficking. The Ministry of Justice had addressed Circular No. 4131 in August 2010 to the authorities responsible for prosecution and judgment, requesting them to be rigorous in handling cases relating to the trafficking of persons in general and the economic exploitation of children through begging in particular.

With regard to the application of Article 7(2) of the Convention, the Government representative reported on government action in the context of the partnership for the removal and reintegration of street children (PARRER), namely: the identification of 1,129 families likely to entrust their children to Koranic teachers in at-risk regions; the identification of 5,160 children thus entrusted; the identification of 759 daaras (Koranic schools) in 200 villages in Senegal; the establishment of 146 committees for the protection of talibé children; the drawing up and provision to the Ministry of Education of a harmonized curriculum for Koranic teaching, and also of quality standards for Koranic teaching; and the national campaign for the application of a law developed in 2010 by PARRER and the child protection support unit (CAPE). Moreover, the Care, Information and Counselling Centre for Children in Difficulties (the GINDDI centre), under the Ministry of Family Affairs, had a free 24-hour helpline for children in distress. A total of 13,521 calls had been recorded by the helpline in 2011 and 2012. In accordance with the Government’s policy of pursuing the daara programme, the Government representative also highlighted the signature of a framework agreement between the Ministry of Education and the federations of Koranic schools in Senegal. In this agreement, accredited daaras undertook to refrain from any form of begging. Furthermore, in partnership with the Islamic Development Bank for the next four years, a pilot project had been set up to support the modernization of daaras which would make for significant improvements in living and learning conditions in 64 daaras. The Government representative indicated that with the emergence of modern daaras, Senegal was acquiring the means to stimulate the gross enrolment rate with a view to achieving education for all by 2015.

The Worker members recalled that in August 2009 and 2013, following the painful events that had taken place in March, and after a fire in which students at a Koranic school had burnt to death, the Government had planned to implement the national plan to eradicate child begging in the streets. Article 3 of Act No. 2005-06 prohibited organizing the begging activities of others with a view to profiting therefrom and recruiting, coercing or misleading another person with a view to forcing them into begging or exerting pressure on them to beg or continue doing so. Those measures were currently suspended owing to pressure from lobby groups that encouraged illegal and dangerous practices to the detriment of society. Those lobby groups exploited vulnerable children and women in conditions that were degrading and morally depraved. The Worker members underlined the fact that the Government had delayed the strict application of enforcement measures that were grounded in the existing legal instruments, particularly Act No. 2005–06. The report of the United Nations Special Rapporteur on the sale of children, child prostitution and child pornography, submitted to the Human Rights Council on 28 December 2010, noted with concern that more than half of the children who were forced to beg in the Dakar region came from neighbouring countries. If begging was a cultural and educational practice that aimed at the outset to foster humanity and compassion in adults, it had to be acknowledged that the situation of street children was more worrying than ever given that it was on the increase, and becoming particularly widespread throughout the country.

The Worker members also indicated that the measures the Government had taken were not effective and that all the work mentioned in Article 3(d) of the Convention should be prohibited under Article 4(1), by domestic legislation or the competent authority, after consultation with the relevant employers’ and workers’ organizations, taking account of the relevant international standards, particularly Paragraphs 3 and 4 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). The social partners should be more involved in finding solutions to problems arising, particularly in the field of education. Begging could never be eradicated without universal education, and, conversely, the aim of universal education would never be achieved if child labour was not eliminated. Education must be made a public priority even in countries that were not rich. The impact of programmes implemented by the Government with support from technical and financial partners had been felt to a small extent in the Saint Louis, Tambacounda, Matam, Kaffrine, Kolda and Louga regions. The programmes were based on sectoral policies in the following areas: bringing social protection for vulnerable groups into line with the minimum social protection floor; and education policy that included universal education and eradicating illiteracy. A survey carried out in 2010 by ILO–IPEC and the United Nations Children’s Fund (UNICEF) had revealed that 50,000 children aged between 4 and 12 lived on the streets. In a 2010 report, the Government had pointed to 9,269 children who had been withdrawn from the worst forms of child labour, on the one hand, and 1,020 vulnerable children who had benefited from social assistance, on the other. Although the Government had made efforts to improve the situation, it must do more, and quickly. The Worker members said that it was necessary, first and foremost, to punish violations of the Convention by using all the means provided for in criminal law. There was a wide disparity between the Act on protecting the rights of the child and effective application thereof in the country. They also emphasized that the key provision of the Convention, Article 8, was unique in stipulating that member States should take appropriate steps to assist one another in giving effect to the provisions of the Convention through enhanced international cooperation and/or assistance.

The Employer members declared that the Convention, adopted in 1999 and ratified by Senegal in 2000, was one of the last generation of fundamental Conventions. The marabouts’ practice of using talibé children in Koranic schools to make money, by sending them out to work in the fields or beg in the streets or to engage in other lucrative forms of illegal work was a major cause for concern, as it denied them access to health, education and decent living conditions. ILO–IPEC’s effort to eradicate child labour in Africa was also directed at combating the worst forms of child labour such as these. A few marabouts had been arrested in 2010, but none of them had been convicted. Member States should take all necessary steps to guarantee the application of the Convention and respect for its provisions, including the establishment and imposition of sufficiently effective and dissuasive sanctions. There were serious doubts that people in Senegal were taken to court for such crimes as well as for trafficking. Given the seriousness of the problem, the coverage of PARRER that was set up in February 2007 to save children from the streets and return them to society was insufficient. What was needed to eradicate poverty was to implement programmes that were wider in scope.

The Worker member of Senegal recalled that the Committee of Experts had expressed its concern at the large number of working children under 15 years of age in Senegal and at their long working hours. The Committee had also noted with regret that the amendment of section L.145 of the Labour Code, which permitted the Ministry of Labour to issue decrees derogating from the minimum age for admission to employment, was still being examined and strongly urged the Government to amend its legislation. The Committee had requested the Government to ensure that, both in law and in practice, children under the age of 16 could not be employed in underground mines and quarries, given that order No. 3750/MFPTEOP/DTSS of 6 June 2003, determining the nature of dangerous work that children were prohibited from engaging in, stated that male children under the age of 16 were authorized to accept light jobs in underground mines and quarries. Notwithstanding that section 2 of the Act of 2005, to combat the trafficking of persons and similar practices and to protect victims, provided for the maximum penalty to be imposed in the case of violations involving minors, the Committee of Experts had observed that in practice the trafficking of children was still a cause for concern. The Committee had also expressed its profound concern at the failure to apply the Act of 2005, and especially at the allegations of impunity of certain traffickers. The Committee of Experts had made a special point of voicing its profound concern at the exploitation of talibé children. In 2010 there were an estimated 50,000 of these children. Virtually all talibé children were boys attending Koranic schools (daaras) and living under the authority of their Koranic teachers, or marabouts. Although generally speaking the students did not have to pay for their studies, their meals or their lodging, they were obliged to beg for five hours a day on average to earn money. Children who were unable to earn money were physically abused, tied up or chained. Those who tried to escape were severely punished. The children were very vulnerable as they were entirely dependent on daaras and their Koranic teachers. And although most urban daaras had sufficient resources, the marabouts tended to neglect the children’s vital needs – for food, housing and health. For example, nine children died in a daara fire in Dakar in March 2013 and around 45 talibés were unable to escape from a small wooden room in Dakar’s medina. Ninety per cent of beggar children in Dakar were talibés, and 95 per cent of these were from outside the capital; over half came from other parts of Senegal and the remainder from Guinea-Bissau, Guinea, Mali and the Gambia. The employment of a large number of children in agriculture and fishing inevitably exposed them to occupational hazards in the use of machines and dangerous tools. In fishing especially, children had to handle explosives that were used to kill large quantities of fish. Children employed as domestic help (some of them girls as young as 6 years old) worked long hours and were vulnerable to physical and sexual aggression by their employers.

The speaker emphasized the State’s lack of commitment of adequate resources. Although under the 2005 Act to combat the trafficking of persons and similar practices and to protect victims, forcing children to beg was a criminal offence incurring the maximum penalty, section 245 of the Penal Code unfortunately provided that “begging on the days, in the places and in circumstances consecrated by religious tradition” did not constitute begging. The police brigade for minors attached to the Ministry of the Interior and the local and national police were mandated to prevent sexual tourism, but the minors’ brigade only existed in the capital whereas the sexual exploitation of children was particularly prevalent in tourist areas outside Dakar. The labour inspectorate did not have enough transport resources to carry out its inspections, and only rarely were violators of the law sanctioned for a first offence. Consequently, employers were never really dissuaded from employing children. Apart from a few modern daaras, the school curricula of Koranic schools in Senegal, the living conditions and health of the children and the qualifications of the teachers were not subject to any kind of regulation. Although a daara inspectorate had been set up in the Ministry of Labour to implement the daara modernization programme and to integrate the talibé schools into the State education system, it did not cover all the daaras, which continued to proliferate without any kind of supervision. Finally, it was unfortunate that legal proceedings against forced begging had been initiated only in a few rare instances in recent years and that the marabouts involved had not been convicted. Senegal’s legislation provided for compulsory schooling up to the age of 12, while according to the Labour Code, the minimum age for employment was 15. Consequently, because they were not in school and were not legally old enough to work, children aged from 13 to 15 years of age were particularly vulnerable to the worst forms of child labour.

The Worker member of France recalled that the Government had ratified the Forced Labour Convention, 1930 (No. 29), Convention No. 182 of the ILO, the United Nations (UN) 1989 Convention on the Rights of the Child, the UN Protocol on Trafficking, as well as the 1990 African Charter on the Rights of the Child. Yet the Government appeared on the list of double footnoted cases, meaning an obvious failure to apply the ratified Conventions and Charters. The Government bore a heavy responsibility for child victims and the problem was even more worrying that Senegal was not the poorest country on the continent. Talibé children, some of whom were just 5 years old, were part of the urban landscape tourism. Only boys studied in koranic schools under the authority of Koranic teachers or marabouts. In exchange for free education, food and housing these children spent five hours a day begging. Meeting their own needs, enhancing the ability to cope independently contributed to the solidarity of the village community and was not in itself reprehensible and was part of the value of humility that the cultural context wanted to pass on to the children; many parents were attached to these values. However in this case, it was no longer a question of cultural tradition, but of manipulation of this tradition for profit. It was no longer a cultural context in question but a mafia exploitation of children subjected to brutal slavery that could leave almost irreparable consequences. The fact that those responsible could hide behind values of a cultural heritage and continue to allow such horrors was becoming unbearable. The impact on health and the physical and mental integrity of these children was enormous. Child beggars were undernourished for most. Fever, fatigue, abdominal pain, diarrhoea, dermatitis, and periodically malaria were the most frequently reported diseases. The Government must take measures to eradicate such practices, work to provide a controlled education system, ensure an active fight against poverty through allocation programmes that would allow poor families, even those in extreme poverty, not to use their children to meet their own needs. Senegal had national policies and a comprehensive legal framework needed to halt child begging; the use of these instruments needed to be intensified in order to achieve the desired results.

The Worker member of the United Kingdom stated that talibé children suffered gross exploitation by being forced into begging for the benefit of their marabouts through extreme psychological and physical abuse. Boys who were sent to daara residential schools in urban centres far from home became victim to the most cynical distortion of the religious duty to offer alms. The practice was a long-standing one and twisted and contorted into a false justification for a widespread abuse of the vulnerable. This abuse continued despite legislative provisions which could be invoked to stop it. The 2005 Act to combat the trafficking of persons and similar practices and to protect victims, criminalized forced begging and provided for sentences of fines and imprisonment. This should have been used to tackle the practice, but this legislation was undermined by another legal provision about the collection of religious alms. Those who forced children into begging had used this law as a screen to hide behind. As a result, very few prosecutions had been brought. Figures were unclear, but Anti-Slavery International reported that there had been only two arrests for physical abuse in 2005 and three in 2006. The speaker recalled that an estimated 50,000 talibé lived in a situation of daily beatings and punishments and this was widespread and openly known. In 2007, a marabout who had beaten a talibé child to death had been sentenced to a mere four years in prison. In August 2010, the Prime Minister’s announcement of a decree to clarify the prohibition of begging in public places was immediately undermined. Sentences which had been imposed on seven marabouts had not been enforced and they had walked free. The President had bowed to pressure from branch associations of Koranic teachers to reverse the small steps that had been taken towards the criminal enforcement. The Government had failed to provide any further information to support its assertion that the Penal Code would be enforced through the investigation, arrest and conviction of marabouts involved in forced begging. She called for an integrated programme which would require the Government to enforce the Penal Code to protect talibé children and include other means to tackle poverty and barriers to access state education.

The Government member of Kenya noted the progress made by Senegal in domesticating the principles enshrined in the Convention and the Government’s commitment and willingness to eradicate child labour. The Government had developed a National Plan of Action and a number of prosecutions had taken place. This indicated that the Government was playing a leading role in addressing the matters by punishing those responsible. A sustained technical cooperation was needed. His Government urged the Government to continue implementing measures aimed at eliminating the worst forms of child labour in particular, through the labour inspectorate in collaboration with the judicial and extra-judicial bodies.

The Worker member of Swaziland stated that, as serious violations of human dignity and personal development, forced labour and child labour contributed to the persistence of the cycle of poverty. Child labour could have severe consequences on the education, health and the development of its victims. The harmful effects of child labour prejudiced the opportunities for children, seriously arrested their social and psychological development and eroded their chance to a better future. In Senegal, child begging was a threat. Empirical evidence showed that forced labour, child labour and discrimination were major obstacles to economic development and contributed to the persistence of poverty. In 2004, the ILO–IPEC study had demonstrated that the economic benefits of eliminating child labour would be nearly seven times higher than the costs required for its elimination. The Senegalese authorities had largely failed to enforce the existing regulations prohibiting the engagement of underaged persons to work. This failure was responsible in part for the ever growing numbers of street child beggars and their abuses. Only a few isolated cases of extreme violence and abuses perpetrated against talibés had been prosecuted under the Penal Code. Until 2010, no marabout had been arrested, prosecuted or convicted expressly for forcing talibés to beg. In Senegal, it was not a question of the absence of the legislation, but rather of the failure to enforce it. The Government had demonstrated fable political commitment to protect and promote the rights of these children. It was paramount to ensure that there were specific bodies responsible and capable of addressing the issue. The current legislation relating to forced child begging should be brought in full compliance with the Convention and labour inspection would need to be involved. Social partners had a collective duty to end the worst forms of child labour whereas the Government should develop programmes, in consultation with the social partners and civil society organizations, to address the plight of the talibés.

The Government member of Morocco thanked the Government for the rich and exhaustive information on the application of the Convention provided to the Committee. The Government’s commitment appeared to be ensured by both normative and social policies and by adherence to international instruments relating to child labour. The Government’s action was not limited to the adoption of legislation but also to its implementation and the creation of important social infrastructure which aimed at reducing child begging. However, there could have been a gap between available resources and the social reality, because the practice of talibés concerned many people. Strengthening the programmes put in place by the Office and the contribution by the national non-governmental organizations would support the Government in its efforts to protect a particularly vulnerable category of children and help to meet the expectations of the international community.

The Government representative expressed her Government’s appreciation for the contributions during the discussion of the case and the interventions which had highlighted the efforts of the Government. The question of the rights of children, particularly of those in Koranic schools, was a concern for the highest authorities of the State. While the legal framework provided basic protection against begging by children and trafficking in persons, the Government recognized that eradicating child begging was a huge undertaking, and action from governmental bodies together with support from civil society was therefore vital. National action needed to be matched with subregional action given the trans-border nature of the problem. Bilateral cooperation was essential and, in that respect, the National Action Plan, signed in April 2013, provided for the signing of an agreement with border countries in order to help child victims of trafficking return to their country of origin. Furthermore, the project for the modernization of Koranic schools and the involvement of Koranic teachers should help to better meet children’s health and food needs. The Government wished to reiterate that prosecutions had been effectively initiated and penalties imposed against Koranic teachers for reported incidents that had caused the death of talibé children. The Government was also keen to specify that only voluntary begging by adults in religious places at certain times was tolerated, but that in all cases begging by children was prohibited and punished by the Penal Code. Government action included a framework plan to combat trafficking in persons which had just been approved by the Council of Ministers and would shortly be implemented; and the Inter-ministerial Council of February 2013, which had called upon all stakeholders, had adopted a plan to eradicate child begging by 2015. However, in order to ensure that those plans produced results, decisions had to be made jointly with all stakeholders. Education, including in daaras, was a priority action to which the Government allocated 40 per cent of its budget.

The Worker members took note of the explanations provided by the Government as well as its indicated willingness to fight the worst forms of child labour. They asked the Government to take the following actions needed to achieve its stated intention: to implement the plan of action approved in July 2012; to reactivate the regional committees to fight against child labour; to establish a system of labour inspection and effective enforcement mechanisms; to strengthen the monitoring and evaluation; to adopt concrete measures to put an end to regional child trafficking; to apply the Convention both in law and in practice, and in particular its Article 1 on the immediate measures to secure the prohibition and elimination of begging as a worst form of child labour; to adopt concrete measures to bring to an end to trafficking in the region for the purpose of begging; to engage in tripartite collaboration to identify and implement concrete measures; to seek technical assistance of the Office to establish a roadmap; and finally, to give prominence to the social partners and not just to the partnership for the removal and reintegration of street children (PARRER).

The Employer members appreciated that the Government had recognized the difficulties in implementing the Convention and was committed to finding solutions. They considered that tripartite dialogue was essential. In this regard, they submitted that there was no evidence that the social partners had been consulted with regard to the programme of action to eliminate the worst forms of child labour and therefore suggested that the programme be reviewed in consultation with the Senegalese employers and workers. The implementation of the programme and monitoring mechanisms should also be carried out in consultation with the social partners, in accordance with the provisions of the Convention. The Government should seek international assistance to progress in the eradication of practices contrary to the Convention. Education also played a role and the Government had made progress in this regard. It needed to take further measures to eradicate poverty. The Government should complete the initiated survey to determine the extent of the problem in the country.

Conclusions

The Committee took note of the oral information provided by the Government representative and the discussion that followed concerning the use of children in begging for purely economic ends, as well as the trafficking of children for this purpose.

The Committee noted the Government’s statement that continuous begging in the streets of the city was a penal offence under Senegalese law, while asking for alms was tolerated in light of socio-cultural beliefs. The Committee noted the several measures adopted by the Government in the framework of the partnership for the removal and reintegration of street children (PARRER), including advocacy visits to major religious leaders and Koranic masters, measures of prevention and of removal of children from the streets, and the development of broad awareness-raising campaigns. The Committee also noted the Government’s indication that it had adopted action plans to combat trafficking and child begging, and that, in the context of the modernization of the daaras system, it had taken a number of measures to train Koranic masters and talibé children on the rights of children and their protection, and to improve the living conditions and education of child talibés in daaras.

While noting the policies and programmes adopted by the Government to address begging by talibé children, the Committee shared the deep concern expressed by several speakers regarding the persistence of the economic exploitation of a large number of children in begging, and at the fact that children continued to be trafficked for this purpose, especially from neighbouring countries. The Committee reminded the Government that, while the issue of seeking alms as an educational tool fell outside the scope of the Committee’s mandate, it was clear that the use of children for begging for purely economic ends could not be accepted under the Convention. The Committee emphasized the seriousness of such violations of Convention No. 182. It urged the Government to take immediate and effective measures to eliminate, as a matter of urgency, the use of children in begging for purely economic ends, as well as trafficking of children for this purpose. In this regard, the Committee encouraged the Government to ensure the implementation of the recently validated Framework Plan to combat trafficking, and of the National Plan of Action adopted in February 2013 to eradicate child begging by 2015.

The Committee noted that, although Law No. 2005-06 of 29 April 2005 prohibited the organization of begging for economic gains, the Penal Code appeared to permit the organization of begging by talibé children. Moreover, the Committee expressed its serious concern that Law No. 2005-06 was not applied in practice. In this regard, the Committee deeply regretted that a very low number of marabouts had been prosecuted and given prison sentences, which amounted in practice to a climate of impunity. The Committee therefore strongly urged the Government to take the necessary measures to harmonize the national legislation so as to guarantee that the use of begging by talibé children for economic exploitation was clearly prohibited, and to ensure that this legislation was applied in practice. In this regard, the Committee strongly urged the Government to take immediate and effective measures to strengthen the capacity of the relevant public authorities, in particular the labour inspectorate which would be dedicated to identifying talibé children with a view to removing them from their situation of exploitation. It also urged the Government to strengthen the capacity of law enforcement officials, particularly the police and the judiciary, in order to ensure that the perpetrators were prosecuted and that sufficiently effective and dissuasive sanctions were imposed.

Noting the information highlighted by several speakers that the worst forms of child labour were the result of poverty and underdevelopment in Senegal, the Committee welcomed the decision of the Government to continue to avail itself of ILO technical assistance in order to achieve tangible progress in the application of the Convention, and requested the Office to provide such assistance.

Finally, the Committee requested the Government to provide a detailed report to the Committee of Experts addressing all the issues raised by this Committee and the Committee of Experts for examination at its next meeting.

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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Articles 3(b) and 7(1) of the Convention. Use, procuring or offering of a child for the production of pornography or for pornographic performances, and penalties. The Committee notes that the Government indicates in its report that the Dakar High Court considered eight child pornography cases between 2021 and 2022. Out of these, five resulted in convictions, with penalties ranging from two to three years of imprisonment. In two cases, the suspects were released due to insufficient evidence of their involvement. One other case is still under examination by the investigative attorney of the 6th office, which is specialized in cases involving minors.

The Committee takes good note of the existence of a portal for reporting and removing online images or videos of child sexual abuse, known as “Sellal Net”. An information campaign on the portal resulted in the registration of 7,124 calls dealt with through the “116” online reporting platform. A total of 124 children and young persons were also trained in the use of the platform, to be able to relay this knowledge to other children.

The Committee also notes the Government’s information concerning the preparation of a draft amendment to the Act on trafficking in persons, foreseen for inclusion in the Penal Code in a chapter entitled “Trafficking in persons and migrant smuggling”, as well as the repeal of sections 1 to 7 of Act No. 2005-06 of 10 May 2005 on combatting trafficking in persons and assimilated practices and protecting victims. The Committee requests the Government to continue to provide information on decisions handed down under sections 431–34 to 431–40 of the Penal Code regarding the use, procurement or offering of a child under 18 years of age for the production of pornography of for pornographic performances, so as to be able to evaluate their application in practice, indicating in particular the facts that gave rise to the convictions and the penalties imposed. It also requests the Government to communicate a copy of the new Act on trafficking in persons once it has been adopted.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing children from being engaged in the worst forms of child labour. Access to free basic education. The Committee notes the Government’s information that primary education is free for all children and that, in 2022, following the inflation of recent years, the Government reduced enrolment fees for the secondary cycle by 75 per cent in public establishments and by 10 per cent in private establishments.

The Committee notes the measures put in place to encourage school attendance, in particular for girls, vulnerable children and children from rural areas, including: (1) reducing the distance to local schools; (2) diversifying education programmes; (3) reinforcing online teaching through the Ministry of Education “PROMET” (Promise) project; (4) initiatives such as making available grants, booklets, free uniforms for primary school students, as well as school and hygiene kits.

The Committee also notes the measures adopted to reduce the impact of stereotypes and sociocultural constraints that restrict schooling, especially for girls, in the most remote regions of the country. These measures also aim at combatting violence in the school environment. In this regard, a Gender and Equity Unit was created in 2020, within the General Secretariat of the Ministry of Education. Moreover, Order No. 007383 of 27 March 2023, on protection of children and young persons in schools and educational establishments, stipulates a range of important actions, including: (1) authorizing young pregnant women to continue their apprenticeships; (2) appointing referral officers in schools and educational establishments to put an operational mechanism in place to combat violence in the school environment; (3) accompaniment for girls concerned by early pregnancy and forced marriage; (4) training for teachers and supervisory staff on gender, gender-based violence and combatting poverty; and (5) strengthening community involvement by increasing the number of student mothers’ associations.

The Committee further notes the information from the Government regarding the May 2023 revision of the Partnership Compact elaborated as part of Global Partnership for Education’s (GPE) funding of the country. This initiative aims at transforming the educational system, with better quality apprenticeships, reduction of inequalities and guaranteed access to education for the most vulnerable children as its principal objectives. The Government also indicates an increase in public expenditure on education from 21.05 per cent in 2020 to 22.80 per cent in 2021.

However, the Committee notes that GPE data for 2020 indicates that 39 per cent of children at primary school age and 40 per cent of children at first cycle of secondary school age were not in schooling. The Committee encourages the Government to pursue its efforts to guarantee free basic education for all children. It requests the Government to provide information on the number of children that have benefitted from the different measures put in place under the programmes in operation and the results obtained in this regard. It also requests the Government to continue to provide statistical information on the attendance, completion, and drop-out rates in primary and secondary education, if possible disaggregated by age and gender.

Clauses (a) and (b). Preventing children from being engaged in the worst forms of child labour. Direct assistance for the removal of children from the worst forms of child labour. Children working in traditional gold washing. The Committee notes the information provided by the Government regarding action taken in the Kédougou region, where numerous children are victims of economic exploitation in gold washing areas, such as: (1) awareness raising activities through campaigns broadcast on community radios; (2) labour inspection activities to enforce respect of the prohibition on child labour in the “Diouras”, and (3) the commemoration of World Day Against Child Labour.

The Committee takes note of the action taken by the Labour Ministry in the four regions targeted by the national framework plan to combat child labour, including the encounters with local child protection partners to raise awareness, diffuse legal texts and share information on combatting child labour, including refresher courses on concepts connected to child labour, the relevant Conventions, recommendations, laws and orders.

However, the Committee once more notes that no information has been communicated by the Government regarding the number of children working in traditional gold washing that have benefitted from the measures taken under the children’s social reintegration programme. The Committee again encourages the Government to pursue its efforts to prevent children from being engaged in artisanal gold mining and to provide the necessary assistance to remove them from this worst form of child labour and ensure their social integration. In this regard, it again requests the Government to provide information on the impact of the measures taken under the children’s social reintegration programme, or any other programme, in particular on the number of children that have been removed from work in gold washing and rehabilitated and socially integrated.

Clause (d). Children at special risk. Child HIV/AIDS orphans. The Committee notes the information provided by the Government that it has developed strategies to involve the community by targeting key populations and children through implementation of the National Strategic Plan to Combat AIDS in 2022.

Nevertheless, the Committee observes from the 2018 data mentioned in a previous Government report, and those available on the UNAIDS website, the number of children of 0 to 17 years of age orphaned due to HIV/AIDS has increased from 31,000 to 36,000. Recalling once again that orphans and other vulnerable children are at greater risk of becoming victims of the worst forms of child labour, the Committee again requests the Government to provide information on the specific measures adopted to prevent child HIV/AIDS orphans from being engaged in the worst forms of child labour and to ensure their rehabilitation and social integration, and on the results achieved.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

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Articles 3(a) and 7(1) of the Convention. Worst forms of child labour and penalties. Sale and trafficking of children for economic exploitation and forced labour. Begging. With regard to its previous comments, in which the Committee expressed its concern at the persistent exploitation of talibé children and deplored the low number of prosecutions under section 3 of Act No. 2005-06, it notes the Government’s intention in its report to adopt a draft Children’s Code rapidly. This draft, under its section 118, provides for the creation of a complaints mechanism for children, entitled “Children’s Defender”. According to the provisions, the Children’s Defender may be contacted by different parties: the children themselves, their legal representatives, the medical and social services, or any other person or association informed of the violation of the child’s rights. The Children’s Defender is also empowered to act on her or his own initiative on being informed of violations of the rights of the child.

The Committee also notes the information in the report submitted by Senegal to the United Nations Committee on the Rights of the Child, published on 8 December 2022 (CRC/C/SEN/6-7, para. 68), according to which that Committee requested the National Statistics and Demography Agency to conduct a study “on the status of data collection on begging”.

The Committee notes with regret the absence of information on the number of children engaged in begging, and on the number of prosecutions filed under section 3 of Act No. 2005-06. Recalling that the penalties established are only effective if they are applied in practice, the Committee once again urges the Government to take the necessary measures without delay to ensure the effective enforcement in practice of section 3 of Act No. 2005-06 and the punishment of persons who use talibé children under 18 years of age for begging for economic exploitation. The Committee once again urges the Government to intensify its efforts for the effective reinforcement of the capacities of the officials responsible for the enforcement of the law and to ensure that the perpetrators of these acts, as well as State officials who fail to investigate such allegations, are prosecuted and that sufficiently dissuasive penalties are imposed in practice on those who are convicted. The Committee again requests the Government to provide statistics on the number of prosecutions, convictions and penalties imposed under Act No. 2005-06. It also requests it to provide information on progress regarding the report on “the status of data-collection on begging”.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing children from being engaged in the worst forms of child labour and the provision of assistance to remove them from these forms of child labour. Talibé children. Projects and programmes for the removal of children from the streets. Further to its previous comments, the Committee notes the information in the Government’s report regarding the activities undertaken to support the social reintegration of children in street situations. The Ministry of Child Protection provided 24 families and 15 Koranic schools (daaras) with kits containing food, hygiene products and other products. Moreover, 60 families were enrolled in the National Family Security Grants Programme, and 15 daaras which came forward voluntarily were funded through micro-projects to accompany families in their return to the area they left from and to build their self-sufficiency.

The Committee also notes that besides the plan for the removal of children from the street, the Ministry of Child Protection has drawn up two different projects: the project to support, remove and rehabilitate street children, with a pilot phase to be developed in the Dakar region; and the programme to promote the removal and socioeconomic reintegration of street children, currently at the fund-raising phase. The Committee requests the Government to continue to reinforce the relevant programmes to be able to remove child victims of begging for exclusively economic purposes and ensure their lasting rehabilitation and social integration, particularly by ensuring effective follow-up to the children’s removal from the streets. The Committee also requests the Government to transmit information on the measures taken in this regard and to provide statistics on the number of talibé children withdrawn from the worst forms of child labour that have benefited from rehabilitation and social reintegration.

Project to modernize daaras. Further to its previous comments, the Committee notes the information provided by the Government in its report, according to which the Ministry of Education, through the project to improve the quality and equity of basic education (the PAQEEB project) has developed strategies including: (1) implementation of the modern daaras curriculum, integrating memorizing the Koran, religious education and basic elementary school competencies; and (2) implementation of an investment programme aimed at the construction, rehabilitation and fitting out of daaras so as to create a physical and pedagogical environment propitious to good quality education.

The Committee also notes the information according to which other projects aim to promote implementation of the PAQEEB project by integrating support for daaras, in collaboration with international entities such as the Islamic Development Bank, the World Bank, UNICEF and the United States Agency for International Development.

However, The Committee notes with regret that the bill establishing the status of daaras, introduced first in 2010, then reintroduced in 2013 and approved by the Council of Ministers in 2018, has not yet been adopted. The Committee requests the Government to continue to provide information on the implementation of the project to modernize daaras through the above programmes, as well as the results achieved. Finally, the Committee again asks the Government to take the necessary measures to ensure that the bill establishing the status of daaras is adopted in the near future and it requests the Government to provide information on the manner in which this bill, when it has been adopted, will contribute to the modernization of daaras and will protect talibé children from forced begging.

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

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

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

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

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

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

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

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

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

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

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

The Committee notes the observations of the International Trade Union Confederation (ITUC) of 1 September 2021.

Articles 3(a) and 7(1) of the Convention. Worst forms of child labour and penalties. Sale and trafficking of children for economic exploitation and forced labour. Begging. In its previous comments, the Committee noted that in 2019 it was estimated that in Senegal over 100,000 talibé children were compelled to engage in begging. The Committee noted that section 3 of Act No. 2005-06 of 29 April 2005 to combat trafficking in persons and similar practices and to protect victims prohibits the organization for economic gain of begging by others, or the employment, procuring or deception of any person with a view to causing that person to engage in begging, or the exertion of pressure so that the person engages in begging. However, section 245 of the Penal Code provides that “the act of seeking alms on days, in places and under conditions established by religious traditions does not constitute the act of begging”. In this regard, the Committee requested the Government to ensure the prohibition of begging by talibé children through the adoption of laws to eliminate this legislative ambiguity. The Committee also noted from the information communicated by the ITUC, and the concluding observations of the United Nations Human Rights Committee and Committee Against Torture, which both noted that investigations and prosecutions of persons engaged in forced begging by children were rare and that, far from declining, the exploitation of children by Koranic teachers for forced begging was a phenomenon that was increasing.

The Committee notes that in its written information on the application of the Convention provided to the Committee on the Application of Standards at the 109th Session of the International Labour Conference in 2021, the Government indicates that when Act No. 2005-06 was reviewed, it was finally decided to retain section 245 of the Penal Code, which supplements Act No. 2005-06. The Government indicates that section 245 of the Penal Code does not permit begging, in whatever form, and that it merely notes a reality arising out of the religious practice of requesting or giving alms. The Government emphasizes that the Penal Code formally prohibits begging by persons under 18 years of age and punishes any person who allows a child under their responsibility to engage in begging. The Government adds that the Ministry of Women, the Family, Gender and Child Protection (MFFGPE) organized a workshop in collaboration with the Special Brigade for Children to strengthen their collaboration during removal operations and to facilitate prosecutions. In this regard, 32 judicial investigations into Koranic teachers were opened between 2007 and 2019, leading to 29 prosecutions and 25 convictions for forced begging, torture or the death of children.

However, the Committee is bound to note the observations of the ITUC that, despite the generalized and visible nature of the abuses concerned, investigations and prosecutions are still extremely rare and the policy still frequently fails to investigate cases of forced begging. Charges against Koranic teachers continue to be abandoned or transmuted into less serious offences than forcing talibé children to engage in begging under the terms of Act No. 2005-06 or the Penal Code. The ITUC indicates that poor law enforcement and the lack of means of redress for illtreated talibé children have continued. The ITUC observes that the authorities have not opened investigations against persons suspected of having forced talibé children to engage in begging who were identified during the programme for the removal of children from the streets implemented by the MFFGPE, and have not taken measures against public employees who refused to investigate such cases. Moreover, during the reporting period, the Government has not prosecuted or convicted presumed traffickers engaged in the forced begging of children. Instead of launching criminal investigations, administrative penalties are often imposed upon the presumed perpetrators of forced begging, particularly due to public pressure and the social influence of Koranic teachers. Despite allegations of complicity by Government representatives who have refused to investigate cases of trafficking or have exerted pressure on magistrates for cases to be abandoned, the Government has not reported any investigation, prosecution or conviction for complicity.

While noting the Government’s indication that a certain number of judicial investigations were undertaken leading to a number of prosecutions and convictions between 2007 and 2019, the Committee notes with regret that the Government has not provided new information on the imposition of penalties on persons engaged in the use of talibé children under the age of 18 for begging. With reference to the 2012 General Survey on the fundamental Conventions, the Committee recalls that, while the issue of seeking alms as an educational tool falls outside the scope of its mandate, it is clear that the use of children for begging for purely economic ends cannot be accepted under the Convention (paragraphs 483–484). The Committee therefore expresses deep concern at the persistence of the phenomenon of the economic exploitation of talibé children and strongly deplores the low number of prosecutions under section 3 of Act No. 2005-06. Recalling that the penalties established are only effective if they are applied in practice, the Committee once again urges the Government to take the necessary measures without delay to ensure the enforcement in practice of section 3 of Act No. 2005-06 and the punishment of persons who use talibé children under 18 years of age for begging for economic exploitation. The Committee once again urges the Government to intensify its efforts for the effective reinforcement of the capacities of the officials responsible for the enforcement of the law and to ensure that the perpetrators of these acts, as well as complicit State officials who fail to investigate such allegations, are prosecuted and that sufficiently dissuasive penalties are imposed in practice on those who are convicted. Noting once again with deep regret the absence of data on this subject, the Committee once again requests the Government to provide statistics on the number of prosecutions, convictions and penalties imposed under Act No. 2005-06.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing children from being engaged in the worst forms of child labour and the provision of assistance to remove them from these forms of child labour. Talibé children. 1. Projects and programmes for the removal of children from the streets. The Committee previously urged the Government to intensify its efforts and to take the necessary measures without delay to protect talibé children against sale and trafficking and forced or compulsory labour and to ensure their rehabilitation and social integration.

In its written information on the application of the Convention provided to the Committee on the Application of Standards at the 109th Session of the International Labour Conference in 2021, the Government indicates that, in addition to the measures indicated in 2019 to combat trafficking, begging and the forced or compulsory labour of children, other health measures were taken in 2020 to reinforce this action within the context of COVID-19, in which protection was strongly augmented. The Government reports the following new measures:

• – The support project for the protection of child victims of violations of their rights (PAPEV): this project, launched by the Office of the United Nations High Commissioner for Human Rights in collaboration with the Ministry of Justice, is making a broad contribution to the reinforcement of the child protection system in Senegal. The National Steering Committee for the project was established by Order No. 005016 of 3 February 2020 of the Minister of Justice. In 2020, the PAPEV provided support to the State of Senegal for the family reintegration of children removed from the streets through the implementation of a programme of emergency protection for street children. The programme resulted in 5,067 children being removed and placed in reception centres, of whom 175 were from Gambia, Guinea-Bissau and the Republic of Guinea, and 52 children being reintegrated in their families, including 34 children from Gambia and 18 from Guinea-Bissau. The PAPEV also strengthened the assistance provided in reception centres through educational and health support for children.
• – The project “zero street children” is part of the programme for the “removal of children from the streets”, the third phase of which was launched in April 2020: starting off from the national contingency plan to respond to specific needs for the protection of children in the context of COVID-19, the project “zero street children” led to 5,333 street children aged between 4 and 17 years being removed and placed in shelter in reception structures with support in the form of the provision of food, hygiene and sanitary products and various types of equipment to contribute to their adequate support. The Coordination, Monitoring and Follow-up Unit of the “zero street children” project is the national body that follows the situation of talibé children. It brings together State structures, civil society organizations, non-governmental organizations and technical and financial partners involved in combating the problem of street children, including representatives of religious chiefs. The outcome of the implementation of the project, released on 20 November 2020, shows that 6,187 children between the ages of 4 and 17 years have been removed from the streets. The proportion of children returned to their families also rose by 37.3 per cent, increasing from 22.7 per cent in 2019 to 60 per cent in 2020.
• – The Vulnerable Children Programme (PED): between 2016 and 2020, the Ministry of Health and Social Action (MSAS) benefited from a budget for vulnerable children (orphans, children with disabilities, talibé children, children of families suffering from leprosy). This Programme achieved the following results: the placement of 700 talibé children in apprenticeships in workshops or training centres; the registration of 5,950 talibé children in mutual health funds through universal health coverage; support for 70 pilot daaras in the form of food and materials; and subsidies for 140 traditional daaras.

The Committee also notes the information provided by the ITUC to the effect that the Government has taken positive measures in practice in relation to talibé children in response to the COVID-19 pandemic. According to the ITUC, the Government has worked with international organizations, civil society and local populations on the inclusion of the needs of talibé children in COVID-19 programmes and projects, including the “zero street children” project. The ITUC indicates that the number of children removed from the streets during the third phase of the “removal programme” clearly exceeded the first and second phases and that the Departmental Child Protection Committees (CDPEs), which include representatives of civil society, have supervised the programme at the regional level.

However, the ITUC refers to several challenges encountered during the implementation of the various projects and programmes. It indicates that the authorities have noted that children who had been removed from the streets have returned. Civil society organizations have reported that the processes for the monitoring of the removal programme were once again inadequate, particularly in relation to the lack of follow up of talibé children who had been returned to their families. As a consequence, in most cases, talibé children who were returned to their families were sent back to Koranic schools where they were forced to beg. The ITUC adds that disparities have emerged at the level of the implementation of the removal programme throughout Senegal. For example, the Prefect of Kédougou refused the request by the authorities to return the talibé children from a particular daara to their families; in Matam, the local religious authorities vigorously opposed the programme and it was not possible to remove any children; in Sédhiou, no children were removed from the streets; and in Ziguinchor and Thiès, talibé children were confined in daaras instead of being returned to their families. The ITUC adds that the resources allocated to the CDPEs were inadequate and that there was a lack of communication with the MFFGPE and the local actors responsible for removal operations, which affected the implementation of the operations and the appropriate follow-up of the talibé children who had been removed. Moreover, the “removal programme” was vigorously opposed by certain Koranic teachers and only a minority of daaras agreed to facilitate the return of talibé children to their families. By way of illustration, only six of 247 daaras in Louga allowed the voluntary return of talibé children to their families. Finally, the MFFGPE was due to carry out an evaluation of the implementation of the third phase of the removal programme before proceeding with a fourth phase, but that has not been done and it is not known whether the additional phase is currently under consideration. While noting the measures taken by the Government, the Committee urges it to reinforce the relevant programmes so as to continue being able to remove child victims of begging for exclusively economic purposes and ensure their lasting rehabilitation and social integration, particularly by ensuring effective follow up to the removal of children from the streets and providing the CDPEs with the necessary resources to be able to fulfil their functions effectively. The Committee requests the Government to continue providing information on the measures taken in this regard and to supply statistics on the number of talibé children removed from the worst forms of child labour and who have benefited from rehabilitation and social integration measures.

2. Project to modernize daaras. The Committee previously noted the various programmes for the modernization of daaras and the training of Koranic teachers, as well as the various framework plans for the elimination of the worst forms of child labour, including the support project for the modernization of daaras (PAMOD). However, it noted that the programme for the modernization of daaras appeared to be more focussed on the construction of new “modern daaras” than on the improvement of the infrastructure and practices of existing daaras.

The Committee notes the ITUC’s observations that the programme for the modernization of daaras includes two components: the PAMOD, which was launched in November 2013, and the project to improve the quality and equity of basic education (the PAQUEEB project) financed by the World Bank. The first phase of the PAQUEEB programme focussed on the renovation and modernization of 100 daaras throughout the country. In March 2020, the Ministry of Education organized a workshop to select the daaras which would benefit from the second phase of the PAQUEEB programme. Subsequently, 417 additional daaras were selected, making a total of 517 beneficiary daaras. The ITUC also reports that the Ministry of Education is envisaging holding a meeting with daaras inspectors to discuss the best way of integrating child protection into their inspections, with the assistance of civil society organizations. The ITUC adds that there are failings in the performance of daaras inspection services. In overall terms, the inspectors seem to be without clear central directives and instructions and do not appear to develop plans to combat begging and the ill-treatment of children in daaras. Nor is it clear whether the inspection services intend to inspect all daaras, or only those registered as “modern daaras”, which gives rise to the risk that unregistered daaras, in which the worst abuses persist, are continuing to operate without supervision. Moreover, the ITUC indicates that the Ministry of Justice has not been sufficiently involved in the programme for the modernization of daaras, which limits the possibility of closing daaras that engage in exploitation and prosecuting abusive teachers.

The Committee notes the Government’s indications that the policy for the modernization of daaras in Senegal has been carried out through several reforms, including the preparation of a Bill establishing the status of daaras, the development of a curriculum for daaras including the Koran, French and science subjects and the introduction of disciplines such as reading and mathematics. However, it notes the indication by the ITUC that the Bill establishing the status of daaras, introduced for the first time in 2010 and then once again in 2013, has not yet been adopted. The Bill was approved by the Council of Ministers in 2018, but has remained before the National Assembly awaiting adoption for a third year. The Committee therefore urges the Government to intensify its efforts to ensure the implementation of the programme for the modernization of daaras, through the PAMOD and PAQUEEB programmes, in a manner that contributes to the protection of talibé children against the worst forms of child labour and ensures the rehabilitation and social integration of these children, and it requests it to provide information on the results achieved. The Committee also requests the Government to take measures to reinforce the daaras inspection service and to ensure that all daaras, and not only “modern daaras”, are inspected, so that talibé children who are victims of forced begging are effectively identified and then removed and socially integrated. Finally, the Committee requests the Government to take the necessary measures to ensure that the Bill establishing the status of daaras is adopted in the near future and it requests it to provide information on the manner in which this Bill, when it has been adopted, will contribute to the modernization of daaras and will protect talibé children from forced begging.

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

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will contain full information on the matters raised in its previous comments.

Articles 3(b) and 7(1) of the Convention. Use, procuring or offering of a child for the production of pornography or for pornographic performances, and sanctions. The Committee takes due note of the adoption of Act No. 2016-29, of 8 November 2016, amending Act No. 65-60, of 21 July 1965, issuing the Penal Code, which introduces a new Title IV on offences related to information and communication technologies, and includes a section on child pornography. Under the terms of section 431-34, any person who produces, records, offers, makes available, disseminates, transmits an image or representation involving child pornography through an information technology system shall be liable to a sentence of imprisonment of from five to ten years. Furthermore, section 431-38 provides that any person who wilfully offers, by means of information and communication technologies, a meeting with a minor, with a view to the commission during the meeting of one of the offences set out in sections 431-35 to 431-37 (procuring or offering, importing or causing to be imported, exporting or causing to be exported an image or representation involving child pornography by means of an information technology system; knowingly possessing an image or representation involving child pornography on an information technology system or any means of storing electronic data) shall be liable to a sentence of imprisonment of between five and ten years. Where a sexual proposition is followed up by acts leading to such a meeting, the court may neither suspend the execution of the sentence nor take into account attenuating circumstances in relation to the convicted person. The Committee notes that child pornography is defined as any data which is of such a nature or form or on material representing a minor engaging in sexually explicit behaviour; a person who appears to be a minor engaging in sexually explicit behaviour; realistic images representing a minor engaging in sexually explicit behaviour. The Committee requests the Government to provide information on the effect given in practice to sections 431-34 to 431-40 of the Penal Code in relation to the use, procuring or offering of a child under 18 years of age for the production of pornography or for pornographic performances.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing children from being engaged in the worst forms of child labour. Access to free basic education. While noting the various measures taken to prevent the engagement of children in the worst forms of child labour through access to education, the Committee previously encouraged the Government to continue its efforts to improve the operation of the education system through measures intended to increase the school attendance rate, improve access to education, including at the secondary level, and reduce the school drop-out rate.

The Government indicates in its report that the training and development of “human capital” is still one of the major components of the Emerging Senegal Plan, which takes the form at the sectoral level of the implementation of the Programme to Improve Quality, Equity and Transparency in Education and Training (PAQUET). In its guidelines for 2018–30, PAQUET has integrated the decisions adopted by the Education and Training Consultation, including generalized care for very young children, the improvement of equity of access, the promotion of the inclusion of girls and children with special educational needs and the improvement of the quality of teaching and learning, which will in the longer term contribute to reducing the problem of the insufficient, inadequate and non-inclusive supply of education. The Committee notes that, in its report submitted to the Committee on Economic, Social and Cultural Rights in November 2018, the Government indicates that the gross school enrolment ratio varied between 93.90 per cent in 2012 and 86.45 per cent in 2015, rising to 87.30 per cent in 2017 and should attain 108.7 per cent in 2030. At elementary level, there are no enrolment fees, while at middle school level the fees are capped at CFA francs 10,000 per pupil (approximately US$17). Payment may be staggered over several months and failure to pay may not result in the exclusion of the child. The Government aims to establish schools in which there is equity and equal opportunity. At elementary level, textbooks are free. The Government has taken certain initiatives, including giving out school uniforms, the availability of kits and grants for pupils, especially girls with good results from economically vulnerable homes, and from disadvantaged families regardless of academic results. Free middle and secondary school education is gradually being introduced (E/C.12/SEN/3, paragraphs 190–193). According to the voluntary national review report provided to the High-level Political Forum on Sustainable Development, Senegal has continued the policy of the generalized availability of school canteens for children from vulnerable families in order to provide them with the conditions to remain in school. In practice, the percentage of schools with school canteens fell from 28 per cent in 2015 to 11.2 per cent in 2016, before rising again to 25 per cent in 2017. However, the Committee notes that, in its concluding observations of 18 October 2019, the Committee on Economic, Social and Cultural Rights expresses concern at reports that schooling still involves indirect costs, particularly at the secondary level. It regrets the inadequacy of the provision of education and training, particularly in rural and disadvantaged areas, and that 47 per cent of school age children are reportedly outside the school system. That same Committee notes with concern the inadequacy of inclusive and quality education in public schools, to the benefit of potentially expensive private schools and Franco-Arabic and Koranic schools, which are generally free, but whose current curricula do not ensure the same level of education as in public institutions (E/C.12/SEN/CO/3, paragraph 41). Considering that education is essential to prevent children from being engaged in the worst forms of child labour, the Committee encourages the Government to pursue its efforts to increase access to education for all children, including at the secondary level, to improve the operation of the education system through measures to increase school attendance and reduce the school drop-out rates. It requests the Government to provide information on the results achieved in this respect, including statistics disaggregated by age and gender on school attendance and completion rates and school drop-out rates in primary and secondary education.

Clauses (a) and (b). Preventing children from being engaged in the worst forms of child labour. Direct assistance for the removal of children from the worst forms of child labour. Children working in traditional gold washing. The Committee previously noted that children take part in traditional gold and iron mining in the regions of Dakar, Thiès, Matam and, very particularly, in the Kédougou region. It encouraged the Government to continue its efforts to prevent children from being engaged in artisanal gold mining and to provide the necessary assistance for their removal from this worst form of child labour and to ensure their social integration. The Government indicates that the State has endeavoured to better organize this activity through the determination of artisanal gold washing corridors and by issuing artisanal gold washing cards, which are exclusively provided to nationals. It further indicates that, according to the monograph study on artisanal gold washing in Senegal, published in July 2018, the rate of the presence of children in the production chain is low, with 0.5 per cent of those engaged in the process being under 15 years of age. In order to enforce the prohibition of child labour at such sites, internal vigilance committees composed of tomboulmen responsible for ensuring safety and of public personalities have been established. Moreover, the programmes developed by formal mining enterprises in the area, through corporate social responsibility, have focused on access to basic social services in the areas in which they are established, with an important education and health component for vulnerable groups. The Committee encourages the Government to pursue its efforts to prevent children from being engaged in artisanal gold mining and to provide the necessary assistance to remove them from this worst form of child labour and ensure their social reintegration. It requests the Government to continue providing information on the impact of the measures adopted to prevent children from being engaged in artisanal gold washing.

Clause (d). Children at special risk. Child HIV/AIDS victims/orphans. In its previous comments, the Committee requested the Government to provide information on the measures adopted to ensure that child HIV/AIDS victims and orphans are not engaged in the worst forms of child labour. The Committee notes that the National Strategic Plan to Combat AIDS 2018–22 provides for partnership with development sectors for social programmes relating to orphans and vulnerable children (OVCs) and the development of leadership programmes for OVCs to engage in action to combat HIV. The Committee also notes that, according to the 2018 data available on the UNAIDS web page, the number of children aged between 0 and 17 years of age orphaned as a result of HIV/AIDS was estimated at 31,000. Noting that the Government has not provided any information on this subject, the Committee once again requests it to provide information on the specific measures adopted to prevent child HIV/AIDS orphans from being engaged in the worst forms of child labour and to ensure their rehabilitation and social integration, and on the results achieved.

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes that the Government’s report contains no reply to its previous comments. It is therefore bound to repeat its previous comments.

Repetition

The Committee notes the observations of the International Trade Union Confederation (ITUC), received on 1 September 2019, and the Government’s reply to these observations.

Article 3(a) of the Convention. Sale and trafficking of children for economic exploitation and forced labour. Begging. Legislation. In its previous comments, the Committee noted with concern that, although section 3 of Act No. 2005-06 of 29 April 2005 to combat trafficking in persons and similar practices and to protect victims prohibits the organization for economic gain of begging by others, or the employment, procuring or deception of any person with a view to causing that person to engage in begging, or the exertion of pressure so that the person engages in begging or continues to beg, section 245 of the Penal Code provides that “the act of seeking alms on days, in places and under conditions established by religious traditions does not constitute the act of begging”. The Committee observed that a joint reading of these two provisions made it appear that the act of organizing begging by talibé children cannot be criminalized, as it does not constitute an act of begging under section 245 of the Penal Code. It therefore urged the Government to intensify its efforts to ensure the adoption of the various draft legal texts intended to prohibit and eliminate begging by talibé children, to protect them against sale, trafficking and forced or compulsory labour and to ensure their rehabilitation and social integration. The Committee also took due note of the draft Children’s Code and draft regulations of daaras (Koranic schools), but observed that they had been under preparation and consultation for several years. It therefore requested the Government to intensify its efforts to ensure the adoption of the various draft legal texts intended to prohibit and eliminate begging by talibé children.

The Committee notes with deep concern the Government’s indication that the legislative reform that has been announced is still under way. While reaffirming its commitment to combat any form of forced labour and trafficking in persons, particularly involving children, the Government indicates that the Bill establishing the status of daaras was adopted by the Council of Ministers on 6 June 2018 and is waiting to be passed by the National Assembly. Moreover, the Unit to Combat Trafficking in Persons (CNLTP), following its evaluation of Act No. 2005-06 of 10 May 2005 to combat trafficking in persons and protect victims, has prepared a draft reform which has been submitted for adoption and takes into account technical conformity and effective enforcement. In light of the above, the Committee expects that the Government will be able to report without delay on the adoption of the various draft texts intended to prohibit and eliminate begging by talibé children and to protect them against sale and trafficking or forced or compulsory labour. The Committee requests the Government to provide information on the progress achieved in this regard.

Article 7(1). Penalties and application in practice. In its previous comments, the Committee noted that the number of talibé children compelled to engage in begging, most of whom are boys aged between 4 and 12 years, was estimated at 50,000. It expressed its deep concern at the persistence of the phenomenon of the economic exploitation of talibé children and the low number of prosecutions under section 3 of Act No. 2005-06 and urged the Government to take the necessary measures to ensure the enforcement of this provision in practice. Furthermore, it noted with regret the absence of data on the number of prosecutions, convictions and penalties imposed under the terms of Act No. 2005-06 and requested the Government to provide such data.

The Committee notes the indication by the ITUC that in 2019 it is estimated that in Senegal over 100,000 talibé children are compelled to engage in begging. In Dakar alone, almost 30,000 children are compelled to engage in begging. A study undertaken in 2017 identified over 14,800 child victims of forced begging in Saint-Louis and revealed that 187 of the 197 daaras in the city send children to beg for at least part of the day. A total of 1,547 children, of whom 1,089 were talibé, were removed from the streets of Dakar between June 2016 and March 2017 during the first phase of the “removal” programme. However, of the children reported to have been “removed”, 1,006 were returned to the supervision of their Koranic masters, who had themselves subjected them to forced begging, and who in turn sent them back to the daaras. The number of children engaged in begging in Dakar only decreased during the first month of the programme, as the Koranic masters feared possible sanctions. After a few months, faced with the failure of the investigation and the prosecution of the offending masters, the situation returned to the status quo. Although the second phase of the programme is not repeating certain of the errors of the first phase and guarantees the return of the children to their parents, the programme is not managing to ensure that justice is applied against the Koranic masters who forced the children to beg. The ITUC indicates that, despite the generalized and visible nature of the abuses, investigations and prosecutions are extremely rare. No Koranic master has been subjected to the investigation by the police of his daara, had his case referred to the judicial system, been arrested or prosecuted for having forced talibé children to engage in begging during the first year of the “removal” programme. The police still frequently fail to investigate cases of forced begging. Another persistent practice is to prosecute Koranic masters for less serious offences envisaged by other laws, instead of prosecuting them for the exploitation of talibé children under the terms of Act No. 2005-06 or the Penal Code. According to the ITUC’s observations, in 2018 and 2019, three Koranic masters were convicted of forcing children to beg under Act No. 2005-06. The three masters were convicted, respectively, to a suspended sentence of two years of imprisonment, two years of imprisonment and three years of imprisonment. When the authorities have identified a potential case of forced begging, they have often issued administrative sanctions for those presumed responsible, instead of conducting an investigation and taking criminal action.

In its reply to the ITUC’s comments, the Government states that, to face the challenge of law enforcement, the ministry in charge of child protection has incorporated advocacy activities for judicial chain actors into its communication activities for the repression of perpetrators of crimes against children.

The Committee notes the Government’s indication in its report that an operation entitled “Epervier”, in which national actors participated, was organized from 6 to 10 November 2017 by Interpol in several countries in the subregion, including Senegal. According to the Government, several prosecutions and convictions were noted in the annual report of the Unit to Combat Trafficking in Persons (CNLTP) and in the study evaluating the implementation of the Act. Two judicial investigations against four persons, opened in March 2017, and a procedure against another person are currently ongoing. Nevertheless, the Committee notes that, according to the report submitted by the Government to the Human Rights Committee in August 2018, during the period 2009–16, only one case resulted in 2011 in a conviction for incitement to begging, violence and assault, as envisaged and penalized by section 3 of Act No. 2005-06 (CCPR/C/SEN/5, paragraphs 110–113). It also notes that, in its concluding observations of 30 January 2019, the United Nations Committee Against Torture expressed concern that, despite the efforts announced by the Government to remove from the streets talibé children who attend Koranic schools (daaras), there are still reports that the exploitation of children by Koranic teachers for forced begging is a phenomenon that, far from declining, actually increased over the reporting period and that these children continue to be subjected to trafficking, forced begging and extreme forms of abuse and neglect by the persons responsible for their care (marabouts). The Committee Against Torture also expressed concern at reports of the connivance of the authorities in relation to this phenomenon and their failure to prosecute abusive marabouts, except in cases of deaths or extreme abuse of children. It encouraged the State to enhance the application of national laws and conduct impartial and thorough investigations into acts of trafficking, ill-treatment and sexual abuse of children in Koranic schools and other schools, and ensure that those responsible, including state agents who do not investigate such allegations, are prosecuted and, if convicted, punished with appropriate sanctions (CAT/C/SEN/CO/4, paragraphs 31–32). The Committee deeply deplores the persistence of the phenomenon of the economic exploitation of talibé children and the low number of prosecutions under section 3 of Act No. 2005-06. It recalls once again that, under the terms of Article 7(1) of the Convention, the Government shall take all 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 therefore urges the Government to take the necessary measures without delay to ensure the enforcement in practice of section 3 of Act No. 2005-06 to persons who make use of begging by talibé children under 18 years of age for the purposes of economic exploitation. Noting the weak impact of the measures adopted, the Committee once again requests the Government to intensify its efforts for the effective reinforcement of the capacities of the officials responsible for the enforcement of the legislation and to ensure that those responsible for these acts, as well as complicit state officials who fail to investigate such allegations, are prosecuted and that sufficiently dissuasive penalties are imposed in practice on those convicted. Noting with deep regret the absence of data on this subject, the Committee once again requests the Government to provide statistics on the number of prosecutions initiated, convictions handed down and penalties imposed under Act No. 2005-06.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing children from being engaged in the worst forms of child labour and the provision of assistance to remove them from these forms of child labour. Talibé children. The Committee previously noted the various programmes for the modernization of daaras and the training of teachers, as well as the various framework plans for the elimination of the worst forms of child labour. It requested the Government to take measures to protect talibé children against sale and trafficking and forced or compulsory labour; to ensure their rehabilitation and social integration; to provide information on the measures taken for this purpose within the framework of the support project to modernize daaras (PAMOD), and to provide statistics on the number of talibé children who have been removed from the worst forms of child labour and who have benefited from rehabilitation and social integration measures in the Care, Information and Counselling Centre for Children in Difficulties (the GINDDI Centre).

The Committee notes the ITUC’s observation that the implementation of the PAMOD has been extremely slow. The national system for the regulation of daaras cannot be established until the Act regulating daaras has been adopted. In the meantime, the Inspectorate of daaras appears to be without clear directives and instructions concerning its role and does not appear to be preparing plans to combat begging and ill-treatment of children in daaras. It is also difficult to know whether the Inspectorate intends to inspect all daaras, or only those registered as “modern” daaras, thereby creating a risk that unregistered daaras may continue to operate without any controls. The Committee notes that, according to the ITUC, the number of talibé children who are victims of forced begging and other serious forms of abuse by their Koranic masters in 2017 and 2018 continued to be alarming. The reported forms of abuse include murder, beatings, sexual abuse, the children being chained up and imprisoned, as well as many forms of negligence and dangerous situations, which occurred in at least eight of the 14 administrative regions of Senegal. One report documents the death of 16 talibé children who were victims of abuse, negligence and dangerous situations in which they were placed by Koranic teachers and their assistants in the regions of Saint-Louis, Diourbel and Thiès between 2017 and 2018. Moreover, there were 61 cases of the beating or physical ill-treatment of talibé children by Koranic masters or their assistants and 14 cases of children who were imprisoned, bound up or chained in daaras in 2017 and 2018. Many daaras enclose between tens and hundreds of talibé children under conditions of dirt and extreme poverty, often in incomplete buildings without walls, floors or windows. The air and ground are full of rubbish, sewage and flies and the children sleep in a single room in their dozens, or outside, often without mosquito nets. Up to now, the programme for the modernization of daaras appears to have focused more on the construction of new “modern” daaras than on the improvement of the infrastructure and practices in existing daaras.

In this connection, the Committee notes the Government’s indication that several initiatives have been undertaken with development partners for the construction and equipment of 64 modern daaras, of which 32 are not public, and the provision of subsidies to 100 owners of daaras. An amount of 3,750 billion CFA francs had been mobilized for the financing of a pilot initiative for the modernization of daaras, including training in administrative management and education of 32 directors of non-public daaras under the PAMOD in March 2016, as well as the training of 224 Koranic masters, 160 Arab language teachers and 160 French language teachers for non-public daaras, starting on 14 July 2016. Furthermore, in response to the ITUC’s observations, the Government indicates that the implementation of the PAMOD, which is due in December 2019, led to the construction of 15 modern daaras and the recruitment of their directors. Steps are also being taken to enrol talibé in the Universal Health Coverage Programme (CMU/Talibés). In addition, with a view to ending the exploitation of child begging, the Ministry for the Protection of Children has initiated consultations with all stakeholders to strengthen the partnership framework for the implementation of a national action plan for the eradication of child begging.

However, the Committee notes that, in its concluding observations of 13 November 2019, the United Nations Committee on Economic, Social and Cultural Rights expresses deep concern at the persistence of the current practice in certain Koranic schools directed by marabouts of using children for economic purposes, which also prevents them from having access to health, education and good living conditions (E/C.12/SEN/CO/3, paragraph 26). The Committee notes with deep concern the situation of talibé children who are victims of forced begging and other serious forms of abuse by their Koranic masters. In this context, the Committee urges the Government to intensify its efforts and to take the necessary measures without delay to protect talibé children against sale and trafficking and forced or compulsory labour and to ensure their rehabilitation and social integration. Please provide information on the measures adopted, including within the context of the Programme to Improve Quality, Equity and Transparency in Education and Training (PAQUET) and the PAMOD with a view to the modernization to the system of daaras. The Committee expresses the firm hope that the Government will be in a position to provide statistics in its next report on the number of talibé children who have been removed from the worst forms of child labour and who have benefited from rehabilitation and social integration measures.

The Committee is raising other matters 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 2019, published 109th ILC session (2021)

Articles 3(b) and 7(1) of the Convention. Use, procuring or offering of a child for the production of pornography or for pornographic performances, and sanctions. The Committee takes due note of the adoption of Act No. 2016-29, of 8 November 2016, amending Act No. 65-60, of 21 July 1965, issuing the Penal Code, which introduces a new Title IV on offences related to information and communication technologies, and includes a section on child pornography. Under the terms of section 431-34, any person who produces, records, offers, makes available, disseminates, transmits an image or representation involving child pornography through an information technology system shall be liable to a sentence of imprisonment of from five to ten years. Furthermore, section 431-38 provides that any person who wilfully offers, by means of information and communication technologies, a meeting with a minor, with a view to the commission during the meeting of one of the offences set out in sections 431-35 to 431-37 (procuring or offering, importing or causing to be imported, exporting or causing to be exported an image or representation involving child pornography by means of an information technology system; knowingly possessing an image or representation involving child pornography on an information technology system or any means of storing electronic data) shall be liable to a sentence of imprisonment of between five and ten years. Where a sexual proposition is followed up by acts leading to such a meeting, the court may neither suspend the execution of the sentence nor take into account attenuating circumstances in relation to the convicted person. The Committee notes that child pornography is defined as any data which is of such a nature or form or on material representing a minor engaging in sexually explicit behaviour; a person who appears to be a minor engaging in sexually explicit behaviour; realistic images representing a minor engaging in sexually explicit behaviour. The Committee requests the Government to provide information on the effect given in practice to sections 431-34 to 431-40 of the Penal Code in relation to the use, procuring or offering of a child under 18 years of age for the production of pornography or for pornographic performances.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing children from being engaged in the worst forms of child labour. Access to free basic education. While noting the various measures taken to prevent the engagement of children in the worst forms of child labour through access to education, the Committee previously encouraged the Government to continue its efforts to improve the operation of the education system through measures intended to increase the school attendance rate, improve access to education, including at the secondary level, and reduce the school drop-out rate.

The Government indicates in its report that the training and development of “human capital” is still one of the major components of the Emerging Senegal Plan, which takes the form at the sectoral level of the implementation of the Programme to Improve Quality, Equity and Transparency in Education and Training (PAQUET). In its guidelines for 2018–30, PAQUET has integrated the decisions adopted by the Education and Training Consultation, including generalized care for very young children, the improvement of equity of access, the promotion of the inclusion of girls and children with special educational needs and the improvement of the quality of teaching and learning, which will in the longer term contribute to reducing the problem of the insufficient, inadequate and non-inclusive supply of education. The Committee notes that, in its report submitted to the Committee on Economic, Social and Cultural Rights in November 2018, the Government indicates that the gross school enrolment ratio varied between 93.90 per cent in 2012 and 86.45 per cent in 2015, rising to 87.30 per cent in 2017 and should attain 108.7 per cent in 2030. At elementary level, there are no enrolment fees, while at middle school level the fees are capped at CFA francs 10,000 per pupil (approximately US$17). Payment may be staggered over several months and failure to pay may not result in the exclusion of the child. The Government aims to establish schools in which there is equity and equal opportunity. At elementary level, textbooks are free. The Government has taken certain initiatives, including giving out school uniforms, the availability of kits and grants for pupils, especially girls with good results from economically vulnerable homes, and from disadvantaged families regardless of academic results. Free middle and secondary school education is gradually being introduced (E/C.12/SEN/3, paragraphs 190–193). According to the voluntary national review report provided to the High-level Political Forum on Sustainable Development, Senegal has continued the policy of the generalized availability of school canteens for children from vulnerable families in order to provide them with the conditions to remain in school. In practice, the percentage of schools with school canteens fell from 28 per cent in 2015 to 11.2 per cent in 2016, before rising again to 25 per cent in 2017. However, the Committee notes that, in its concluding observations of 18 October 2019, the Committee on Economic, Social and Cultural Rights expresses concern at reports that schooling still involves indirect costs, particularly at the secondary level. It regrets the inadequacy of the provision of education and training, particularly in rural and disadvantaged areas, and that 47 per cent of school age children are reportedly outside the school system. That same Committee notes with concern the inadequacy of inclusive and quality education in public schools, to the benefit of potentially expensive private schools and Franco-Arabic and Koranic schools, which are generally free, but whose current curricula do not ensure the same level of education as in public institutions (E/C.12/SEN/CO/3, paragraph 41). Considering that education is essential to prevent children from being engaged in the worst forms of child labour, the Committee encourages the Government to pursue its efforts to increase access to education for all children, including at the secondary level, to improve the operation of the education system through measures to increase school attendance and reduce the school drop-out rates. It requests the Government to provide information on the results achieved in this respect, including statistics disaggregated by age and gender on school attendance and completion rates and school drop-out rates in primary and secondary education.

Clauses (a) and (b). Preventing children from being engaged in the worst forms of child labour. Direct assistance for the removal of children from the worst forms of child labour. Children working in traditional gold washing. The Committee previously noted that children take part in traditional gold and iron mining in the regions of Dakar, Thiès, Matam and, very particularly, in the Kédougou region. It encouraged the Government to continue its efforts to prevent children from being engaged in artisanal gold mining and to provide the necessary assistance for their removal from this worst form of child labour and to ensure their social integration. The Government indicates that the State has endeavoured to better organize this activity through the determination of artisanal gold washing corridors and by issuing artisanal gold washing cards, which are exclusively provided to nationals. It further indicates that, according to the monograph study on artisanal gold washing in Senegal, published in July 2018, the rate of the presence of children in the production chain is low, with 0.5 per cent of those engaged in the process being under 15 years of age. In order to enforce the prohibition of child labour at such sites, internal vigilance committees composed of tomboulmen responsible for ensuring safety and of public personalities have been established. Moreover, the programmes developed by formal mining enterprises in the area, through corporate social responsibility, have focused on access to basic social services in the areas in which they are established, with an important education and health component for vulnerable groups. The Committee encourages the Government to pursue its efforts to prevent children from being engaged in artisanal gold mining and to provide the necessary assistance to remove them from this worst form of child labour and ensure their social reintegration. It requests the Government to continue providing information on the impact of the measures adopted to prevent children from being engaged in artisanal gold washing.

Clause (d). Children at special risk. Child HIV/AIDS victims/orphans. In its previous comments, the Committee requested the Government to provide information on the measures adopted to ensure that child HIV/AIDS victims and orphans are not engaged in the worst forms of child labour. The Committee notes that the National Strategic Plan to Combat AIDS 2018–22 provides for partnership with development sectors for social programmes relating to orphans and vulnerable children (OVCs) and the development of leadership programmes for OVCs to engage in action to combat HIV. The Committee also notes that, according to the 2018 data available on the UNAIDS web page, the number of children aged between 0 and 17 years of age orphaned as a result of HIV/AIDS was estimated at 31,000. Noting that the Government has not provided any information on this subject, the Committee once again requests it to provide information on the specific measures adopted to prevent child HIV/AIDS orphans from being engaged in the worst forms of child labour and to ensure their rehabilitation and social integration, and on the results achieved.

[The Government is asked to reply in full to the present comments in 2020.]

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the observations of the International Trade Union Confederation (ITUC), received on 1 September 2019, and the Government’s reply to these observations.

Article 3(a) of the Convention. Sale and trafficking of children for economic exploitation and forced labour. Begging. Legislation. In its previous comments, the Committee noted with concern that, although section 3 of Act No. 2005-06 of 29 April 2005 to combat trafficking in persons and similar practices and to protect victims prohibits the organization for economic gain of begging by others, or the employment, procuring or deception of any person with a view to causing that person to engage in begging, or the exertion of pressure so that the person engages in begging or continues to beg, section 245 of the Penal Code provides that “the act of seeking alms on days, in places and under conditions established by religious traditions does not constitute the act of begging”. The Committee observed that a joint reading of these two provisions made it appear that the act of organizing begging by talibé children cannot be criminalized, as it does not constitute an act of begging under section 245 of the Penal Code. It therefore urged the Government to intensify its efforts to ensure the adoption of the various draft legal texts intended to prohibit and eliminate begging by talibé children, to protect them against sale, trafficking and forced or compulsory labour and to ensure their rehabilitation and social integration. The Committee also took due note of the draft Children’s Code and draft regulations of daaras (Koranic schools), but observed that they had been under preparation and consultation for several years. It therefore requested the Government to intensify its efforts to ensure the adoption of the various draft legal texts intended to prohibit and eliminate begging by talibé children.

The Committee notes with deep concern the Government’s indication that the legislative reform that has been announced is still under way. While reaffirming its commitment to combat any form of forced labour and trafficking in persons, particularly involving children, the Government indicates that the Bill establishing the status of daaras was adopted by the Council of Ministers on 6 June 2018 and is waiting to be passed by the National Assembly. Moreover, the Unit to Combat Trafficking in Persons (CNLTP), following its evaluation of Act No. 2005-06 of 10 May 2005 to combat trafficking in persons and protect victims, has prepared a draft reform which has been submitted for adoption and takes into account technical conformity and effective enforcement. In light of the above, the Committee expects that the Government will be able to report without delay on the adoption of the various draft texts intended to prohibit and eliminate begging by talibé children and to protect them against sale and trafficking or forced or compulsory labour. The Committee requests the Government to provide information on the progress achieved in this regard.

Article 7(1). Penalties and application in practice. In its previous comments, the Committee noted that the number of talibé children compelled to engage in begging, most of whom are boys aged between 4 and 12 years, was estimated at 50,000. It expressed its deep concern at the persistence of the phenomenon of the economic exploitation of talibé children and the low number of prosecutions under section 3 of Act No. 2005-06 and urged the Government to take the necessary measures to ensure the enforcement of this provision in practice. Furthermore, it noted with regret the absence of data on the number of prosecutions, convictions and penalties imposed under the terms of Act No. 2005-06 and requested the Government to provide such data.

The Committee notes the indication by the ITUC that in 2019 it is estimated that in Senegal over 100,000 talibé children are compelled to engage in begging. In Dakar alone, almost 30,000 children are compelled to engage in begging. A study undertaken in 2017 identified over 14,800 child victims of forced begging in Saint-Louis and revealed that 187 of the 197 daaras in the city send children to beg for at least part of the day. A total of 1,547 children, of whom 1,089 were talibé, were removed from the streets of Dakar between June 2016 and March 2017 during the first phase of the “removal” programme. However, of the children reported to have been “removed”, 1,006 were returned to the supervision of their Koranic masters, who had themselves subjected them to forced begging, and who in turn sent them back to the daaras. The number of children engaged in begging in Dakar only decreased during the first month of the programme, as the Koranic masters feared possible sanctions. After a few months, faced with the failure of the investigation and the prosecution of the offending masters, the situation returned to the status quo. Although the second phase of the programme is not repeating certain of the errors of the first phase and guarantees the return of the children to their parents, the programme is not managing to ensure that justice is applied against the Koranic masters who forced the children to beg. The ITUC indicates that, despite the generalized and visible nature of the abuses, investigations and prosecutions are extremely rare. No Koranic master has been subjected to the investigation by the police of his daara, had his case referred to the judicial system, been arrested or prosecuted for having forced talibé children to engage in begging during the first year of the “removal” programme. The police still frequently fail to investigate cases of forced begging. Another persistent practice is to prosecute Koranic masters for less serious offences envisaged by other laws, instead of prosecuting them for the exploitation of talibé children under the terms of Act No. 2005-06 or the Penal Code. According to the ITUC’s observations, in 2018 and 2019, three Koranic masters were convicted of forcing children to beg under Act No. 2005-06. The three masters were convicted, respectively, to a suspended sentence of two years of imprisonment, two years of imprisonment and three years of imprisonment. When the authorities have identified a potential case of forced begging, they have often issued administrative sanctions for those presumed responsible, instead of conducting an investigation and taking criminal action.

In its reply to the ITUC’s comments, the Government states that, to face the challenge of law enforcement, the ministry in charge of child protection has incorporated advocacy activities for judicial chain actors into its communication activities for the repression of perpetrators of crimes against children.

The Committee notes the Government’s indication in its report that an operation entitled “Epervier”, in which national actors participated, was organized from 6 to 10 November 2017 by Interpol in several countries in the subregion, including Senegal. According to the Government, several prosecutions and convictions were noted in the annual report of the Unit to Combat Trafficking in Persons (CNLTP) and in the study evaluating the implementation of the Act. Two judicial investigations against four persons, opened in March 2017, and a procedure against another person are currently ongoing. Nevertheless, the Committee notes that, according to the report submitted by the Government to the Human Rights Committee in August 2018, during the period 2009–16, only one case resulted in 2011 in a conviction for incitement to begging, violence and assault, as envisaged and penalized by section 3 of Act No. 2005-06 (CCPR/C/SEN/5, paragraphs 110–113). It also notes that, in its concluding observations of 30 January 2019, the United Nations Committee Against Torture expressed concern that, despite the efforts announced by the Government to remove from the streets talibé children who attend Koranic schools (daaras), there are still reports that the exploitation of children by Koranic teachers for forced begging is a phenomenon that, far from declining, actually increased over the reporting period and that these children continue to be subjected to trafficking, forced begging and extreme forms of abuse and neglect by the persons responsible for their care (marabouts). The Committee Against Torture also expressed concern at reports of the connivance of the authorities in relation to this phenomenon and their failure to prosecute abusive marabouts, except in cases of deaths or extreme abuse of children. It encouraged the State to enhance the application of national laws and conduct impartial and thorough investigations into acts of trafficking, ill-treatment and sexual abuse of children in Koranic schools and other schools, and ensure that those responsible, including state agents who do not investigate such allegations, are prosecuted and, if convicted, punished with appropriate sanctions (CAT/C/SEN/CO/4, paragraphs 31–32). The Committee deeply deplores the persistence of the phenomenon of the economic exploitation of talibé children and the low number of prosecutions under section 3 of Act No. 2005-06. It recalls once again that, under the terms of Article 7(1) of the Convention, the Government shall take all 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 therefore urges the Government to take the necessary measures without delay to ensure the enforcement in practice of section 3 of Act No. 2005-06 to persons who make use of begging by talibé children under 18 years of age for the purposes of economic exploitation. Noting the weak impact of the measures adopted, the Committee once again requests the Government to intensify its efforts for the effective reinforcement of the capacities of the officials responsible for the enforcement of the legislation and to ensure that those responsible for these acts, as well as complicit state officials who fail to investigate such allegations, are prosecuted and that sufficiently dissuasive penalties are imposed in practice on those convicted. Noting with deep regret the absence of data on this subject, the Committee once again requests the Government to provide statistics on the number of prosecutions initiated, convictions handed down and penalties imposed under Act No. 2005-06.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing children from being engaged in the worst forms of child labour and the provision of assistance to remove them from these forms of child labour. Talibé children. The Committee previously noted the various programmes for the modernization of daaras and the training of teachers, as well as the various framework plans for the elimination of the worst forms of child labour. It requested the Government to take measures to protect talibé children against sale and trafficking and forced or compulsory labour; to ensure their rehabilitation and social integration; to provide information on the measures taken for this purpose within the framework of the support project to modernize daaras (PAMOD), and to provide statistics on the number of talibé children who have been removed from the worst forms of child labour and who have benefited from rehabilitation and social integration measures in the Care, Information and Counselling Centre for Children in Difficulties (the GINDDI Centre).

The Committee notes the ITUC’s observation that the implementation of the PAMOD has been extremely slow. The national system for the regulation of daaras cannot be established until the Act regulating daaras has been adopted. In the meantime, the Inspectorate of daaras appears to be without clear directives and instructions concerning its role and does not appear to be preparing plans to combat begging and ill-treatment of children in daaras. It is also difficult to know whether the Inspectorate intends to inspect all daaras, or only those registered as “modern” daaras, thereby creating a risk that unregistered daaras may continue to operate without any controls. The Committee notes that, according to the ITUC, the number of talibé children who are victims of forced begging and other serious forms of abuse by their Koranic masters in 2017 and 2018 continued to be alarming. The reported forms of abuse include murder, beatings, sexual abuse, the children being chained up and imprisoned, as well as many forms of negligence and dangerous situations, which occurred in at least eight of the 14 administrative regions of Senegal. One report documents the death of 16 talibé children who were victims of abuse, negligence and dangerous situations in which they were placed by Koranic teachers and their assistants in the regions of Saint-Louis, Diourbel and Thiès between 2017 and 2018. Moreover, there were 61 cases of the beating or physical ill-treatment of talibé children by Koranic masters or their assistants and 14 cases of children who were imprisoned, bound up or chained in daaras in 2017 and 2018. Many daaras enclose between tens and hundreds of talibé children under conditions of dirt and extreme poverty, often in incomplete buildings without walls, floors or windows. The air and ground are full of rubbish, sewage and flies and the children sleep in a single room in their dozens, or outside, often without mosquito nets. Up to now, the programme for the modernization of daaras appears to have focused more on the construction of new “modern” daaras than on the improvement of the infrastructure and practices in existing daaras.

In this connection, the Committee notes the Government’s indication that several initiatives have been undertaken with development partners for the construction and equipment of 64 modern daaras, of which 32 are not public, and the provision of subsidies to 100 owners of daaras. An amount of 3,750 billion CFA francs had been mobilized for the financing of a pilot initiative for the modernization of daaras, including training in administrative management and education of 32 directors of non-public daaras under the PAMOD in March 2016, as well as the training of 224 Koranic masters, 160 Arab language teachers and 160 French language teachers for non-public daaras, starting on 14 July 2016. Furthermore, in response to the ITUC’s observations, the Government indicates that the implementation of the PAMOD, which is due in December 2019, led to the construction of 15 modern daaras and the recruitment of their directors. Steps are also being taken to enrol talibé in the Universal Health Coverage Programme (CMU/Talibés). In addition, with a view to ending the exploitation of child begging, the Ministry for the Protection of Children has initiated consultations with all stakeholders to strengthen the partnership framework for the implementation of a national action plan for the eradication of child begging.

However, the Committee notes that, in its concluding observations of 13 November 2019, the United Nations Committee on Economic, Social and Cultural Rights expresses deep concern at the persistence of the current practice in certain Koranic schools directed by marabouts of using children for economic purposes, which also prevents them from having access to health, education and good living conditions (E/C.12/SEN/CO/3, paragraph 26). The Committee notes with deep concern the situation of talibé children who are victims of forced begging and other serious forms of abuse by their Koranic masters. In this context, the Committee urges the Government to intensify its efforts and to take the necessary measures without delay to protect talibé children against sale and trafficking and forced or compulsory labour and to ensure their rehabilitation and social integration. Please provide information on the measures adopted, including within the context of the Programme to Improve Quality, Equity and Transparency in Education and Training (PAQUET) and the PAMOD with a view to the modernization to the system of daaras. The Committee expresses the firm hope that the Government will be in a position to provide statistics in its next report on the number of talibé children who have been removed from the worst forms of child labour and who have benefited from rehabilitation and social integration measures.

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

[The Government is asked to reply in full to the present comments in 2020.]

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 7(2) of the Convention. Effective and time-bound measures. Clause (a). Preventing children from being engaged in the worst forms of child labour. Access to free basic education. The Committee previously noted that 25 per cent of children of primary school age (6–12 years) were still not at school. The Committee also noted that more than one child in four in the 7–14 age group drops out of the school system due to premature entry into the labour market. The Government indicated that the gross school enrolment rate nationwide had risen to 93 per cent in 2011, and that the primary school completion rate was 65.7 per cent in that year. The Committee also noted that the National Framework Plan for the Prevention and Elimination of Child Labour (PCNPETE) has as a strategic objective the prevention of child labour through the expansion of education and training opportunities.

The Committee notes from the Government’s report that the school completion rate for children between the ages of 6 and 11 has fallen from 62.5 per cent in 2014 to 60.9 per cent in 2015, and that this decrease is explained by corrections made to the population census data. It notes that, according to the Education for All National Assessment Report of the Ministry of National Education of 2015, the gross enrolment rate for primary school was 96.2 per cent in 2015 (101.8 per cent for girls and 90.9 per cent for boys), and 28.6 per cent for secondary school (25.9 per cent for girls and 31.2 per cent for boys). The report indicates that 40 per cent of the State budget is allocated to education. The Government adds that it has adopted various measures to expand education and training opportunities within the framework of the PCNPETE, including the densification of the school network through the establishment of new primary schools, the diversification of educational opportunities with a view to adapting teaching to the needs of the various communities, and the improvement of the comfort and security of schools through the installation of toilets, fences and water points. However, the Committee notes that the Committee on the Rights of the Child remains concerned about the negative impact of the indirect costs of education, such as the purchase of books and uniforms, on children’s access to education, the low enrolment rates at the pre-primary and secondary education levels, the high drop-out rates at all levels and the lack of information on the programmes and initiatives implemented to facilitate access to education for children in situations of vulnerability (CRC/C/SEN/CO/3-5, paragraph 59). While noting the various measures taken by the Government to prevent the engagement of children in the worst forms of child labour by improving their access to education, the Committee encourages it to continue its efforts to improve the operation of the education system through measures intended to increase the school attendance rate, improve access to education, including at the secondary level, and reduce the school drop-out rate. It requests it to provide information on the results achieved in this regard.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour. Children working in traditional gold washing. The Committee noted previously that children take part in traditional gold and iron mining in the regions of Dakar, Thiès, Matam and, very particularly, in the Kédougou region. The nature of the tasks performed by children involved in this work appears to expose them to dangers which place this type of work in the category of the worst forms of child labour; 1,576 children were found to be working on gold-washing sites in 16 villages visited out of the 38 villages identified in the Kédougou region. Based on an extrapolation from the results of the survey, it is estimated that the number of children engaged in gold washing in the Kédougou region is likely to be around 4,000. According to the Government, an action programme executed by the NGO La Lumière in collaboration with ILO–IPEC has already resulted in the removal of 166 children and in 943 children being prevented from being engaged in the worst forms of child labour through education and vocational training measures.

The Committee notes the various measures adopted within the framework of the programme of action in collaboration with ILO–IPEC, including the establishment of 20 protection committees in 20 villages affected by gold-washing activities, awareness raising of local actors concerning the risks of early work by children, and visits to homes to resolve several cases of school dropouts, sometimes involving the provision of school kits. The Government indicates that these measures have resulted in 486 children being removed from and 977 children being prevented from becoming engaged in this worst form of child labour. The Committee encourages the Government to continue its efforts to prevent children from being engaged in artisanal gold mining and to provide the necessary assistance for their removal from this worst form of child labour and ensure their social integration. It requests the Government to continue providing information on the impact of the various measures taken and on any new programme of action intended to prevent children from becoming engaged in gold-washing activities.

Clause (d). Children at special risk. Child victims/orphans of HIV/AIDS. The Committee noted previously that, in the context of the follow-up to the declaration of commitment on HIV/AIDS, substantial support had been provided for schooling and vocational training for orphans and vulnerable children (OVC) under the Strategic Plan to Combat AIDS 2007–11. However, the Committee noted that the number of HIV/AIDS orphans aged between 0 and 17 years was estimated at 8,400. It also noted the Multisectoral Strategic Plan to Combat HIV/AIDS 2011–15. The Government indicated that, among the infected and affected population, OVCs are among the priority groups targeted by the implementation of the Multisectoral Strategic Plan 2011–15. In this context, it was planned to increase the percentage of OVCs receiving psycho-social support to 80 per cent of this population category by 2015 and to ensure that half of them receive support for schooling and training.

The Government indicates that support for OVCs has taken the form of study grants, the provision of medical care and nutrition through the regular distribution of food rations up to the age of 18, and psycho-social support. However, it explains that, following the reduction of financial assistance from technical partners, it is encountering difficulties in fulfilling its commitments in this regard. The Committee encourages the Government to continue its efforts to ensure that child HIV/AIDS victims and orphans are not engaged in the worst forms of child labour. It requests the Government to continue supplying information on the measures adopted in this regard.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes the observations of the International Trade Union Confederation (ITUC), received on 31 August 2016, the Government’s replies received on 1 December 2016, and its report.

Articles 3(a) and 7(1) of the Convention. Sale and trafficking of children for the purpose of economic exploitation and forced labour, and penal sanctions. Begging. 1. Legislation. In its previous comments, the Committee noted with concern that, although section 3 of Act No. 2005-06 of 29 April 2005 to combat trafficking in persons and similar practices and to protect victims prohibits the organization for economic gain of begging by others, or the employment, procuring or deceiving of any person with a view to causing that person to engage in begging, or the exertion of pressure so that the person engages in begging or continues to beg, section 245 of the Penal Code provides that “the seeking of alms on days, in places and under conditions established by religious traditions does not constitute the act of begging”. The Committee observed that, from a joint reading of these two provisions, it would appear that the act of organizing begging by talibé children cannot be criminalized, as it does not constitute an act of begging under section 245 of the Penal Code.

The ITUC indicates that in November 2014 a Bill was proposed to regulate daaras (Koranic schools) by establishing inspection criteria, but that since then the Bill has been under consultation with religious chiefs and the Government should take measures to accelerate the adoption of the Bill. The ITUC also emphasizes the fact that the ambiguity of the joint reading of section 3 of Act No. 2005-06 and section 245 of the Penal Code should oblige the Government to amend the Penal Code so as to explicitly guarantee that no exceptions can enable a child to be forced to beg. The Committee also notes that the National Unit to Combat Trafficking in Persons (CNLTP) in its 2014 annual report, “Action to combat trafficking in persons in Senegal: Current situation and implementation of the National Action Plan”, which was attached to the Government’s report, also recommends the Government to review Act No. 2005-06 and section 245 of the Penal Code to remedy the continuing situation of ambiguity. The Committee further notes that, according to the Committee on the Rights of the Child, a draft Children’s Code, encompassing all the legislation respecting children’s rights, has been finalized and submitted for adoption (CRC/C/SEN/CO/3-5, paragraph 7). The Committee takes due note of the draft legislation to eliminate begging by talibé children, but observes that it has been under preparation and consultation for several years. It therefore urges the Government to intensify its efforts to ensure the adoption of the various draft legal texts with a view to prohibiting and eliminating begging by talibé children and to protect them against sale, trafficking and forced or compulsory labour and to ensure their rehabilitation and social integration. The Committee requests the Government to provide information on the progress achieved in this regard.

2. Application in practice. The Committee previously noted that the number of talibé children forced to beg, most of whom are boys between the ages of four and 12 years, was estimated at 50,000. It emphasized the fact that these children in practice receive very little education and are extremely vulnerable, as they are totally dependent on their Koranic teacher or marabout. The Committee also noted that, although seven Koranic masters had been arrested and sentenced to imprisonment under Act No. 2005-06, the sentences have never been enforced and, since the conviction and release of these marabouts in 2010, no marabout has been prosecuted or convicted.

The Committee notes the ITUC’s indication that the Government is not managing to enforce section 3 of Act No. 2005-06, nor to investigate, prosecute and ensure the conviction of those who force talibé children to beg. According to the ITUC, the absence of investigations and prosecutions is mainly due to a lack of political will by the authorities, ambiguity in the Penal Code and the social pressure exerted by certain religious authorities. Indeed, the Government indicates in its report that the courts convict those responsible for trafficking on the basis of legal provisions other than Act No. 2005-06, and the statistics show that convictions under the Act are still at a low level. The Committee also notes the Government’s indication that the CNLTP has launched many training sessions on Act No. 2005-06 to incite those responsible for its enforcement to greater firmness against those responsible for trafficking. Through these courses, between March 2015 and January 2016, training was provided, among others, to 23 prosecutors and heads of the secretariats of the prosecution services on the identification and protection of victims, and on the system for the provision of information for databases on judicial action in relation to trafficking in persons (SYSTRAITE), which will make it possible to assess trends and developments in trafficking in the country. However, the Committee notes that, according to a map of the Koranic schools in the Dakar region prepared by the CNLTP in 2014, over 30,000 talibé children are forced to beg every day in the Dakar region alone. The Committee also notes that the Committee on the Rights of the Child, in its concluding observations of 7 March 2016, also expressed deep concern at the very low rate of prosecutions and convictions of those responsible for the exploitation of children, including Koranic teachers (CRC/C/SEN/CO/3-5, paragraph 69). The Committee is bound to express its deep concern at the persistence of the phenomenon of the economic exploitation of talibé children and the low number of prosecutions under section 3 of Act No. 2005-06. Noting the difficulties encountered by the Government in the enforcement of Act No. 2005-06, the Committee recalls once again that, under the terms of Article 7(1) of the Convention, it is required to take all the necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including the provision and application of sufficiently effective and dissuasive penal sanctions. It therefore urges the Government to take the necessary measures to ensure the enforcement in practice of section 3 of Act No. 2005-06 to persons who make use of begging by talibé children under 18 years of age for the purposes of economic exploitation. Noting the weak impact of the measures taken, the Committee requests the Government to intensify its efforts for the effective reinforcement of the capacities of officials responsible for the enforcement of the legislation and to ensure that those responsible for these acts are prosecuted and that sufficiently dissuasive penalties are imposed in practice. Noting with regret the absence of data on this subject, the Committee once again requests the Government to provide statistics on the number of prosecutions initiated, convictions handed down and penalties imposed under Act No. 2005-06.

Article 7(2). Effective and time-bound measures. Clause (d). Children at special risk. Talibé children. The Committee previously noted the various programmes for the modernization of daaras and the training of Koranic teachers, as well as the various framework plans for the elimination of the worst forms of child labour.

The Committee notes the ITUC’s observation that in November 2013 a programme was launched for a support project to modernize daaras (PAMOD) with a view to establishing rules to eradicate begging and protect the rights of children in daaras. This programme is reported to include the establishment of 164 “modern” daaras, and the allocation of financial subsidies to existing daaras which demonstrate good practices in eliminating any dependence on begging. It also notes the Government’s indication that 179 child victims of trafficking were identified in 2015, although no indication is provided of how many of them are talibé. Moreover, according to the annual report of the CNLTP, the Care, Information and Counselling Centre for Children in Difficulties (the GINDDI Centre) has provided shelter for 217 talibé child beggars, including 155 victims of trafficking. The Committee requests the Government to continue taking the necessary measures to protect talibé children under 18 years of age against sale and trafficking and forced or compulsory labour and to ensure their rehabilitation and social integration. It requests the Government to provide information on the measures taken for this purpose, including within the framework of the PAMOD, with a view to the modernization of the system of daaras. The Committee once again requests the Government to provide statistics on the number of talibé children who have been removed from the worst forms of child labour and who have benefited from rehabilitation and social integration measures in the GINDDI Centre.

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

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 7(2) of the Convention. Effective and time-bound measures. Clause (a). Preventing children from being engaged in the worst forms of child labour. Access to free basic education. In previous comments the Committee noted the increase in the net enrolment rate under the Ten Year Education and Training Programme (PDEF). It observed, however, that 25 per cent of children of primary school age (6–12 years) were still not at school. It further noted that, according to a joint ILO–IPEC, UNICEF and World Bank report of February 2010 entitled Understanding Children’s Work and Youth Employment in Senegal, more than one child in four in the 7–14 age group drops out of school owing to premature entry into the labour market. The Government indicated that the net school enrolment rate nationwide rose to 93 per cent in 2011 and that the primary school completion rate rose from 59 per cent in 2010 to 65.7 per cent in 2011.

The Committee notes the information sent by the Government to the effect that the various direct action programmes to combat child labour focus on access to education and school re-enrolment as the primary means of combating the worst forms of child labour. The Committee further observes that the National Framework Plan for the Prevention and Elimination of Child Labour (PCNPETE), whose strategic lines of action include preventing child labour by broadening opportunities for education and training, provides for actions to support the free provision of school supplies to children at risk; the organization of remedial classes for children struggling at school; and the implementation of a cash transfer pilot programme by 2016. The Committee notes, however, that according to the results of Senegal’s 2012–13 continuing demographic and health survey, the proportion of primary and secondary school enrolments is still far higher in the urban sector than in the rural sector. Furthermore, the figures for primary education show a slight positive discrimination for girls (parity index: 1.03), whereas in secondary education boys are slightly ahead (parity index: 0.99). Considering that education contributes to preventing children from being engaged in the worst forms of child labour, the Committee encourages the Government to pursue its efforts to improve the functioning of the education system through measures to increase the school attendance rate, broaden access to education and reduce the school drop-out rate, giving priority to rural areas. It requests the Government to provide information on the results obtained in this area in the context of the PCNPETE.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour. Children working on traditional gold-washing sites. The Committee noted previously that according to a study of children involved in traditional gold washing, conducted in 2011 under the ILO–IPEC project for the prevention and elimination of child labour in West African countries, children take part in traditional gold and iron mining in the regions of Dakar, Thiès, Matam and, markedly so, in the Kédougou region. The nature of the tasks performed by children involved in this type of activity clearly exposes them to dangers that place such work in the category of worst forms of child labour; 1,576 children were found to be working on gold-washing sites in 16 villages visited out of the 38 villages identified in the Kédougou region. Based on an extrapolation from the results of the survey, it is estimated that the number of children engaged in gold washing in the Kédougou region is likely to be around 4,000.

The Committee notes the information sent by the Government and the information from ILO–IPEC indicating that an action programme focusing on the prevention, removal and reintegration of children engaged in worst forms of child labour in gold-washing areas, executed by the non-governmental organization La Lumière, in collaboration with ILO–IPEC, was launched in the rural communities of Missirah Sirimana, Kedougou and Khossanto in November 2012. According to the Government, through this programme 166 children have so far been removed and 943 children prevented from being engaged in worst forms of child labour through education and vocational training measures. The Committee encourages the Government to pursue its efforts to prevent children from being engaged in hazardous work in artisanal gold mining and to make provision for the necessary assistance to remove them from these worst forms of child labour and ensure their social reintegration. It requests the Government to continue to provide information on the impact of the project implemented in the gold-washing zones in collaboration with ILO–IPEC.

Clause (d). Children particularly at risk. Child victims/orphans of HIV/AIDS. The Committee took note in its previous comments of information sent by the Government in its national report of March 2010 supplied as follow up to the declaration of commitment on HIV/AIDS, to the effect that substantial support has been given for schooling and vocational training for orphans and vulnerable children (OVC) under the Strategic Plan to Combat AIDS, 2007–11. The Committee, nonetheless, noted that according to the report of September 2008 on Senegal by the Joint United Nations Programme on HIV/AIDS, the number of HIV/AIDS orphans aged between 0 and 17 years was estimated at 8,400 in 2007, which is more than double the number estimated in 2001. The Committee also took note of a new Multisectoral Strategic Plan to Combat HIV/AIDS, 2011–15.

The Committee notes that, according to the Government, among the infected and affected population, OVCs are among the priority groups targeted by the Multisectoral Strategic Plan 2011–15. The plan is to increase the percentage of OVCs receiving psychosocial care to 80 per cent of the abovementioned population by 2015, and to ensure that half of them receive support for schooling and training. The Committee observes in this connection that in its 2012 national report provided as a follow up to the declaration of commitment on HIV/AIDS, the Government noted that programmes for psychosocial care have hitherto focused more on adults. The Committee encourages the Government to pursue its efforts to ensure that HIV/AIDS victims or orphans are not engaged in the worst forms of child labour. It requests the Government to continue to supply information on the measures taken and the results obtained under the Multisectoral Strategic Plan 2011–15.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 102nd Session, June 2013)

The Committee takes note of the communication of 30 August 2013 by the International Trade Union Confederation (ITUC) and of the Government’s report. It also notes the in-depth discussion held in the Conference Committee on the Application of Standards at the 102nd Session of the International Labour Conference, June 2013.

Articles 3(a) and 7(1) of the Convention. Sale and trafficking for the purpose of economic exploitation of forced labour and sanctions. Begging. In its previous comments, the Committee noted with concern that although section 3 of Act No. 2005-06 of 29 April 2005 to combat trafficking in persons and similar practices and to protect victims prohibits the organization, for economic gain, of begging by others or the employment, procuring or deceiving of anyone with a view to causing that person to beg or to continue begging, section 245 of the Penal Code provides that “the seeking of alms on days, in places and under conditions established by religious traditions does not constitute the act of begging”. The Committee accordingly observed that, from a joint reading of these two provisions, it would appear that the act of organizing begging by talibé children cannot be criminalized as it does not constitute an act of begging under section 245 of the Penal Code.

The Committee took note of the ITUC’s observation that the number of talibé children forced to beg, most of whom were boys between the ages of 4 and 12 years, was estimated at 50,000 in 2010. The ITUC also observed that most of these children live in isolated rural areas of Senegal or are victims of trafficking from neighbouring countries, including Mali and Guinea Bissau. It emphasized that in practice these children receive very little education and are extremely vulnerable, being totally dependent on their Koranic teacher or marabout. They live in unhealthy conditions and in poverty and are physically and psychologically abused if they fail to earn their financial quota through begging. As to the causes of the phenomenon, the ITUC explained that poverty cannot alone account for this form of exploitation as the evidence tends to show that some marabouts earn more from child begging than they need to maintain their daaras (Koranic schools). The ITUC added that there was no record of any arrests, prosecutions or convictions of marabouts for forcing talibés to beg until August 2010, when the Prime Minister announced the adoption of a decree prohibiting begging in public places. Since that measure, although seven Koranic teachers were arrested and sentenced to prison terms under Act No. 2005-06, the sentences have never been enforced. Indeed, the ITUC indicated that branch associations of Koranic teachers were reported to have condemned the application of Act No. 2005-06 and threatened to withdraw their support from the President in the elections of February 2012. In October 2010, the President, therefore, reversed the Government’s decision. According to the ITUC, since the conviction and release of the marabouts arrested in 2010, there have been no further prosecutions, let alone convictions.

The Committee notes the recent comments by the ITUC stressing that the present Government of Senegal has declared its determination to combat the phenomenon of the talibé children. It indicates in this connection that following the death of nine talibés in a fire in a daara in Dakar in March 2013, the President has undertaken to close all Koranic schools that fall short of basic safety standards and to eradicate child begging by 2015. The ITUC observes, however, that although the Ministry of Justice distributed Circular No. 4131 in 2010 calling on the judicial authorities to show firmness in proceedings relating to the trafficking of persons and particularly the economic exploitation of children through begging, the Government has by and large failed to apply the legislation. The ITUC points out that in the rare cases where marabouts have been prosecuted, it has nearly always been on other charges, and that section 3 of Act No. 2005-06 has not been applied.

The Committee notes the information provided by the Government in its report and during the discussion held in the Conference Committee on the Application of Standards in June 2013 concerning the measures taken to combat the economic exploitation of begging by talibé children. It notes in particular that on 8 February 2013, an inter-ministerial council met to discuss ways and means of eradicating the phenomenon of begging and, subsequently, of establishing of a steering committee for follow up and implementation of the recommendations.

As to the inconsistency between section 245 of the Penal Code and section 3 of Act No. 2005-06, the Government asserts that the national legal framework as it stands allows persons who use begging by talibé children for economic purposes to be effectively prosecuted and punished. According to the Government, section 245(2) of the Penal Code, which allows a waiver to the general prohibition on begging, applies only to adults who engage freely in begging for socio-cultural and religious reasons. The Government indicates that begging by persons under 21 years of age is severely punished in any event. As regards the prosecutions and convictions of marabouts, the Government states that it disagrees with the ITUC’s observation that no marabouts have been prosecuted or punished since 2010. In this connection, the Committee notes the information in the Government’s report regarding the most recent cases recorded. It notes, however, that of the four marabouts recently prosecuted, only one was charged with the exploitation of begging, the other three having been arrested on charges of assault and battery. Furthermore, although it specifies the type of penalties imposed, the information from the Government says nothing of the legal provisions applied or the duration or amount of the penalty. The Committee points out that it needs such information in order to assess the extent to which Act No. 2005-06 is applied and to ascertain the dissuasive effect of the penalty imposed.

While noting the policies and measures adopted by the Government to combat the phenomenon of the economic exploitation of begging by talibé children, the Committee must once again express deep concern at the persistence of this phenomenon and at the few prosecutions brought under section 3 of Act No. 2005-06.

Referring to its General Survey of 2012 on the fundamental Conventions concerning rights at work (paragraph 483), the Committee reminds the Government although the issue of seeking alms as an educational tool falls outside the scope of the Committee’s mandate, it is clear that the use of children for begging for purely economic ends cannot be accepted under the Convention. It also points out that under Article 7(1) of the Convention, the Government is required to take all necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including the provision and application of sufficiently effective and dissuasive sanctions. The Committee urges the Government to take the necessary measures to ensure that section 3 of Act No. 2005-06 is applied in practice to persons who use begging by talibé children under the age of 18 years for economic ends. In this regard, the Committee requests the Government to take measures to build the capacity of law enforcement officials, particularly the police and the judicial authorities, to disseminate Act No. 2005-06 and ensure that the perpetrators of such acts are prosecuted and that sufficiently dissuasive penalties are applied in practice. It requests the Government to provide information on this matter, together with statistics of the number of prosecutions, convictions and penalties imposed pursuant to Act No. 2005-06.

Article 7(2). Effective and time-bound measures. Clause (d). Children at special risk. Talibé children. The Committee noted previously that a partnership for the withdrawal and reintegration of street children (PARRER) was established in February 2007 and is made up of members of the Senegalese administration, non-governmental organizations (NGOs), the private sector, development partners, religious organizations, civil society and the media. According to the ITUC, the Government adopted measures to promote a programme of modern daaras managed or regulated by the State. The Government indicated that it also planned to include certain actions in its strategy to prevent child begging, such as the implementation of social protection measures to be applied in the areas of origin of migrant children, the implementation of programmes for the conditional transfer of vulnerable families, support for the creation of income-generating activities for marabouts and the broadening of the teaching curriculum in Koranic schools with a view to facilitating the integration of young talibés into active life. The Committee further noted that according to information contained in the report of 28 December 2010, by the United Nations Special Rapporteur on the sale of children, child prostitution and child pornography, the Care, Information and Counselling Centre for Children in Difficulties (GINDDI Centre), which reports to the Ministry of Education, has been responsible since 2003 for taking children off the streets and reintegrating them, and for providing psychological support and social assistance to girl and boy victims of trafficking (paragraph 68).

The Committee notes the most recent communication from the ITUC in which it recommends that the Government strengthen the programme for the modernization of daaras and apply it countrywide in order to put an end to forced begging by talibé children.

The Committee takes due note of the detailed information sent by the Government in its report, concerning the various programmes for the modernization of daaras and the training of Koranic teachers, and concerning the latest results obtained in identifying, removing and reintegrating talibé children. It notes in particular that under the PARRER, 200 children were taken off the streets and benefited from reintegration measures between 2010 and 2011. Furthermore, the GINDDI Centre has taken in 214 children, and assisted in returning 15 talibé children to Guinea-Bissau, four to Gambia and four to Guinea and the return to their families of 13 Senegalese talibé children between January and May 2013. Thanks to the “social section of the medical emergency service” (SAMU) 309 children were taken off the streets between 2010 and 2012. The Committee also notes the adoption in April 2013 of the National Framework Plan for the Eradication of Child Begging (PNEMI) 2013–15 and the National Framework Plan for the Prevention and Elimination of Child Labour (PCNPETE), which provides for measures to contribute to improving the quality of the education and living conditions of children in daaras by 2016. The Government also indicates that it plans to implement a project to identify all the daaras in the country, and to set up school canteens to cater for 500 talibé children during the 2012–13 school year. Lastly, it notes that, according to the information provided by the ITUC, the Islamic Development Bank and the World Bank have undertaken to finance the establishment of modern daaras (164 in all). The Committee encourages the Government to pursue its effort to protect talibé children under the age of 18 years from being sold and trafficked, and from forced or compulsory labour, and to ensure their rehabilitation and social integration. It requests the Government to continue to provide information on the measures taken, particularly under the programme financed by PARRER, and the results obtained, specifying the number of talibé children who have been removed from the worst forms of child labour and who have benefited from rehabilitation and social integration measures in the GINDDI Centre. It also asks the Government to provide information on the measures taken and the results obtained under the PNEMI and the PCNPETE to modernize the daara system.

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 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. In its previous comments, the Committee requested the Government to indicate the manner in which effect is given in practice to sections 256 and 257 of the Penal Code and sections 593 to 604 of the Code of Criminal Procedure, which prohibit and punish the use, procuring or offering of a minor under 21 years of age for the production of pornography or for pornographic performances.

The Committee notes the Government’s indication that it will provide the requested information as soon as it is available. The Committee urges the Government to take the necessary measures to ensure that specific information on the application in practice of sections 256 and 257 of the Penal Code and sections 593 to 604 of the Code of Penal Procedure are available and to provide statistics on the number and nature of the violations reported, investigations, prosecutions and convictions.

Article 6. Programmes of action. Further to its previous comments, the Committee notes that the ILO/UNICEF interagency project to improve the conditions of children at risk in Senegal is currently being implemented. According to the Government, the project is implemented through the development of strategies focusing on direct and indirect programmes of action. The direct action is intended to provide services which directly benefit child victims, such as the purchase of school equipment, placement in training structures to obtain qualifications and school enrolment. The indirect action is undertaken at the local level by local authorities and first-level communities through awareness raising, information and training on Conventions Nos 138 and 182 on child labour. In this respect, the Committee notes with interest that, according to the information available from ILO–IPEC, 4,147 children have up to now been removed or protected from the worst forms of child labour. Of these, prevention for 3,309 children at risk (1,499 girls and 1,810 boys) was based on educational measures and 838 children (432 girls and 406 boys) were removed from the worst forms of child labour and placed in formal education, or provided with education or vocational training.

The Committee also notes that an ILO–IPEC project to prevent and eliminate child labour in West African countries is also being implemented. As part of this project, a national framework plan to combat child labour was validated in November 2011 in Dakar with a view to giving overall coherence to the activities undertaken to combat child labour effectively. Based on this document, the Government is seeking to establish a solid basis through the implementation of a series of actions and interventions, with priority being given to the prevention and elimination of the worst forms of child labour by 2015. This objective is to be attained through action in the following areas: legislation, occupational safety and health, education, apprenticeship and vocational training, economic development and employment, improvement of the knowledge base, and communication and social mobilization. The Committee encourages the Government to continue its efforts to prevent children from being engaged in the worst forms of child labour and to remove them from such worst forms of labour in the context of the ILO/UNICEF interagency project, and requests it to provide information on the results achieved. The Committee also requests the Government to provide information on the implementation of the national framework plan to combat child labour and on the results achieved with a view to eliminating the worst forms of child labour in Senegal.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing children from being engaged in the worst forms of child labour. Access to free basic education. The Committee noted previously the Government’s indication that it had drawn up a sectoral policy in the context of access to free basic education through the Ten Year Education and Training Programme (PDEF). The Programme led to an improvement in the net school enrolment rate. The Committee also observed that the net enrolment rate in primary school had increased slightly, according to the 2008 statistics of the UNESCO Institute for Statistics, which show that 74 per cent of girls and 78 per cent of boys were actually attending primary school in 2008. However, it observed that 25 per cent of children of primary school age (6–12 years) were still not at school.

The Committee also noted previously the information contained in the report “Understanding children’s work and youth employment in Senegal”, an ILO–IPEC, UNICEF and World Bank report of February 2010, which examines the negative relationship between child labour and school enrolment. It noted in particular that in the 7–14 age group, over one child in four drops out of school owing to premature entry into the labour market, which is the primary cause of school drop-outs. Accordingly, the enrolment rate among economically active children was 36 per cent, compared with 53 per cent among children who do not work. This situation is more common in urban than in rural areas.

The Committee notes the Government’s indication that the net school enrolment rate at the national level increased to 93 per cent in 2011 and the rate of completion of primary school rose from 59 per cent in 2010 to 65.7 per cent in 2011. The Government adds that the parity index for school attendance is 1.17, which means that there are 117 girls for 100 boys. Furthermore, the implementation of the PDEF continues to achieve results, particularly through an improvement in the diversification of education. For example, the PDEF resulted in the establishment of first-level community schools, which offer an alternative model, intended for children aged between 9 and 13 years who have dropped out of school very early. The Government adds that a guide on remedial education was prepared in 2010 for teachers and that it strengthens the response by schools to the worst forms of child labour. While welcoming the measures taken by the Government, and considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee once again encourages the Government to intensify its efforts to improve the functioning of the educational system through measures that are aimed in particular at increasing school attendance rates, improving access to education in rural areas and reducing school drop-out rates, particularly in rural areas. It requests the Government to continue providing information on the results achieved in this respect.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour. Children on traditional gold washing sites. The Committee notes that, as part of the ILO–IPEC project for the prevention and elimination of child labour in West African countries, a cartographic study of children involved in traditional gold washing was undertaken in the Kédougou region in 2011. According to the study, artisanal gold and iron mines are present in the regions of Dakar, Thiès, Matam and, in a very concentrated manner, Kédougou, where at least three multinational enterprises are present, as well as several small and medium-sized enterprises. The study indicates that mining is generally undertaken by all family members, including women and children, and it would appear that the nature of the work performed by the children concerned exposes them to dangers which mean that such work is classified as being included in the worst forms of child labour. According to the findings of the study, 1,576 children were detected working in gold washing sites in the 16 villages where it was possible to visit, out of the 38 identified in the Kédougou region. Moreover, according to the study, the total number of children engaged in gold washing in the whole region of Kédougou is likely to be around 4,000, based on an extrapolation of the average estimated percentage of children working in gold washing sites (98.5 per cent) in all the villages surveyed. One of the study’s recommendations is, therefore, that the ILO–IPEC project for the prevention and elimination of child labour in West African countries should intervene, on an urgent basis, in managing the problem of children engaged in traditional gold washing in the Kédougou region. The Committee, therefore, requests the Government to take effective and time-bound measures for the removal of children from the worst forms of child labour in traditional gold washing sites and to ensure their rehabilitation and social integration, in the context of the ILO–IPEC project for the prevention and elimination of child labour in West African countries. It requests the Government to provide information on the results achieved.

Clause (d). Children at special risk. Child victims/orphans of HIV/AIDS. The Committee noted previously the formulation of a Strategic Plan to Combat AIDS (PSLS) 2007–11, the objectives of which include improving the quality of life of orphans and vulnerable children (OVCs). It also noted the information provided by the Government in its national report of March 2010, submitted in the context of the follow-up to the Declaration of Commitment on HIV/AIDS, according to which substantial support was provided for the schooling and vocational training of OVCs, including the provision of scholarships. However, despite the measures taken to provide care for OVCs, the Committee noted that, according to the report on Senegal of the Joint United Nations Programme on HIV/AIDS of September 2008, the number of HIV/AIDS orphans aged between 0–17 years was estimated at 8,400 in 2007, which is more than double the number estimated in 2001.

The Committee notes the Government’s indication that the provision of care for OVCs in the framework of the PSLS has led to certain results being achieved: 6,850 infected and/or affected children have received a package of services; 5,077 OVCs have received scholarships; and 29 associations which are active in guiding and supporting OVCs have received technical support. The Government adds that a new multi-sectoral Strategic Plan to combat HIV/AIDS, 2011–15 has been adopted, in the context of which OVCs are among the priority targets for whom care measures have to be improved. The Committee encourages the Government to pursue its efforts to ensure that children who are orphaned as a result of HIV/AIDS are not engaged in the worst forms of child labour. It requests the Government to continue providing information on the measures adopted and the results achieved in the context of the Strategic Plan to combat AIDS, 2011–15.

Clause (e). Special situation of girls. In its previous comments, the Committee noted the results obtained through the various support projects for the education of girls. The Committee noted that, according to the joint ILO–IPEC, UNICEF and World Bank report, the educational disparities between girls and boys were tending to decrease following the Government’s awareness-raising policy. Nevertheless, the Committee noted that the primary school drop-out rate was higher among girls from rural areas and that on the whole girls leave school earlier than boys.

The Committee notes with interest the Government’s indication that, in the context of the implementation of the PDEF, the parity index for girls and boys rose from 0.99 to 1.15 between 2000 and 2011. The Government adds that, since 2006, parity has been achieved and that trend has reversed and has favoured girls since 2007. According to the Government, this change is due to the implementation of significant policy measures for the enrolment and school attendance of girls.

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

The Committee notes the Government’s report and the communication from the International Trade Union Confederation (ITUC) of 31 August 2012.

Articles 3(a) and 7(1) of the Convention. Sale and trafficking of children for economic exploitation; forced labour and penalties. Begging. In its previous comments, the Committee noted that the Committee on the Rights of the Child, in its concluding observations in October 2006 (CRC/C/SEN/CO/2, paragraphs 60 and 61), expressed concern at the practices in Koranic schools run by marabouts who use talibé children on a large scale for economic gain by sending them to agricultural fields or to the streets for begging and other illicit work to earn money, thereby preventing them from having access to health, education and good living conditions.

The Committee previously noted with concern that, although section 3 of Act No. 2005–06 prohibits the organization, for economic gain, of begging by others or the employment, procuring or deceiving of anyone with a view to causing that person to beg, or the exertion of pressure on a person to beg or to continue begging, section 245 of the Penal Code provides that “the act of seeking alms on days, in places and under conditions established by religious traditions does not constitute the act of begging”. It accordingly observed that, from a joint reading of these two provisions, it would appear that the act of organizing begging by talibé children cannot be criminalized as it does not constitute an act of begging under section 245 of the Penal Code. The Committee further noted that the United Nations Special Rapporteur on the sale of children, child prostitution and child pornography, in her report of 28 December 2010 submitted to the Human Rights Council following her mission to Senegal (A/HRC/16/57/Add.3), noted the inconsistency between section 3 of Act No. 2005–06 and section 245 of the Penal Code (paragraph 31). The Committee also noted that the Committee on the Protection of the Rights of all Migrant Workers and Members of their Families, in its concluding observations of 3 December 2010 (CMW/C/SEN/CO/1, paragraph 26), noted with concern that more than half of the children who are forced to beg in the Dakar region come from neighbouring countries and that the Government of Senegal has not taken any practical steps to end regional trafficking in children for the purpose of begging.

The Committee further noted the comments of the ITUC indicating that the number of talibé children compelled to beg, consisting mainly of boys between the ages of 4 and 12 years, was estimated at 50,000 in 2010. The ITUC observed that most of these children live in isolated rural areas of Senegal or are victims of trafficking from neighbouring countries, including Mali and Guinea-Bissau. It emphasized that these children in practice receive very little education and are extremely vulnerable, because they depend totally on their Koranic teacher or marabout. They live in unhealthy conditions and in poverty, and are the victims of physical and psychological abuse if they do not succeed in earning their financial quota through begging. With regard to the causes of the phenomenon, the ITUC explains that poverty alone cannot explain this form of exploitation, as the evidence tends to show that certain marabouts earn more through children begging than the income necessary to maintain their daaras (Koranic schools). The ITUC added that there are no records of arrests, prosecutions or convictions of marabouts for compelling talibés to beg up to August 2010, when the Prime Minister announced the adoption of a Decree prohibiting begging in public places. Following this measure, seven Koranic teachers were arrested and convicted to prison sentences under Act No. 2005–06 of 29 April 2005 to combat the trafficking of persons and similar practices and to protect victims. However, these sentences were never imposed. Indeed, the ITUC indicated that branch associations of Koranic teachers were reported to have condemned the application of Act No. 2005–06 and threatened to withdraw their support from the President in the elections in February 2012. In October 2010, the President, therefore, reversed the Government’s decision.

The Committee notes the fresh allegations made by the ITUC that Senegal has been very lax in terms of the enforcement of the law and repression of the exploitation of talibés and the ill-treatment inflicted on these children. The ITUC reports that, since the conviction and release of the marabouts arrested in 2010, no marabout has been prosecuted or, in particular, convicted. Furthermore, the ITUC indicates that it would be useful to amend the Penal Code so as to remove any doubt as to whether compelling a child to beg is prohibited in all places and under all circumstances, including in daaras, so as to bring the legislation into full conformity with the commitments made by Senegal in relation to the Convention.

The Committee notes the information provided by the Government in its report concerning begging by children. The Government indicates, in particular, that in its view there is no ambiguity between the provisions of section 245 of the Penal Code and section 3 of Act 2005–06. According to the Government, by specifying that the fact of seeking alms under the conditions established by religious traditions does not constitute begging, section 3 of Act 2005–06 is merely making a distinction between forms of begging that are prohibited and those that are tolerated. The Government adds that continuous begging in the streets of the city is a penal offence under Senegalese law, while asking for alms, for example on Fridays in mosques or on mass days in churches, is tolerated in light of socio-cultural beliefs.

The Committee notes that the Committee on the Elimination of Racial Discrimination, in its examination of the reports submitted by Senegal on 31 August 2012, notes with concern the persistence and extent of the phenomenon of talibé children (CERD/C/SEN/CO/16–18, paragraph 14). The Committee on the Elimination of Racial Discrimination also expresses regret that the inconsistency between section 3 of Act No. 2005–06 and section 245 of the Penal Code persists despite the recommendations of the Special Rapporteur on the sale of children, child prostitution and child pornography (paragraph 14). In this respect, although the Committee of Experts notes the Government’s indications concerning the prosecutions initiated and the convictions handed down for trafficking between 2008 and 2010, it is bound to note that the Government has not provided any information on the investigation, arrest or conviction of marabouts for the exploitation of begging by child talibés.

With reference to the General Survey on the fundamental conventions concerning rights at work of 2012 (paragraph 483), the Committee reminds the Government that, while the issue of seeking alms as an educational tool falls outside the scope of the Committee’s mandate, it is clear that the use of children for begging for purely economic ends cannot be accepted under the Convention. This situation constitutes a deviation from the legitimate purposes of this traditional educational system and its methods. Often kept in conditions of servitude, talibé children are obliged to work daily, generally in street begging, in order to give the money received to their marabouts.

The Committee is, therefore, bound once again to express its deep concern at the large number of talibé children used for purely economic ends and the failure to give effect to Act No. 2005-06 in respect of Koranic teachers who make use of begging by talibé children for exclusively economic purposes. The Committee reminds the Government that, under the terms of Article 1 of the Convention, immediate and effective measures shall be taken as a matter of urgency to secure the prohibition and elimination of the worst forms of child labour and that, in accordance with Article 7(1) of the Convention, all necessary measures shall be taken to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including the provision and application of sufficiently effective and dissuasive penal sanctions. The Committee, therefore, once again urges the Government to take immediate and effective measures, in law and practice, to ensure that persons engaged in the sale and trafficking of talibé children under 18 years of age for the purposes of economic exploitation, or who make use of these children for begging for purely economic purposes, are prosecuted effectively and that sufficiently effective and dissuasive sanctions are applied to them. In this respect, the Committee once again requests the Government to take the necessary measures to harmonize the national legislation so as to guarantee that the use of begging by talibé children for economic exploitation can be criminalized under section 245 of the Penal Code and under Act No. 2005-06. It requests the Government to provide information on the measures adopted in this respect and on the number of investigations conducted, prosecutions, convictions and penal sanctions imposed on such persons.

Article 7(2). Effective and time-bound measures. Clause (d). Children at special risk. Talibé children. In its previous comments, the Committee noted that a partnership for the removal and reintegration of street children (PARRER) had been established in February 2007 and is made up of members of the Senegalese administration, NGOs, the private sector, development partners, religious organizations, civil society and the media. The Committee noted the ITUC’s comments indicating that the Government had adopted measures to promote a programme of modern daaras administered or regulated by the State. It noted that the Government established the inspectorate for daaras in 2008 to implement the programme for the modernization of daaras and the integration of modern daaras into the public education system. It further noted that the Ministry of Education signed an agreement with PARRER for the development of a harmonized school programme for Koranic schools, launched in January 2011. In its reply to the ITUC’s comments, the Government indicated that it was engaged in improving the management and framework of the system of teaching in daaras. A number of actions were also envisaged in its strategy for the prevention of begging by children, such as the implementation of social protection measures in the areas of origin of migrant children, the establishment of programmes of conditional transfers for vulnerable families, support for the creation of income-generating activities for marabouts and the broadening of the teaching curriculum in Koranic schools with a view to facilitating the integration of young talibés into active life. The Committee also noted that, according to the information contained in the report of the United Nations Special Rapporteur of 28 December 2010, the Care, Information and Counselling Centre for Children in Difficulties (the GINDDI Centre), under the Ministry of Education, has been responsible since 2003 for taking children off the streets and reintegrating them, and for providing psychological support and social assistance to girl and boy victims of trafficking (paragraph 68).

The Committee notes that, according to the ITUC, the harmonized school programme for Koranic schools of the PARRER is currently being implemented as a pilot measure in 20 daaras in four regions of Senegal (Dakar, Thiès, Fatick and Kaolack). The pilot programme is planned for three years (2011–14) and is to be progressively extended throughout the nation as from 2012–13. Children in the daaras concerned will not be compelled to engage in begging. The ITUC also reports that, while the former Government failed to enforce the laws in force, the new President elected in April 2012 has affirmed his commitment to modernizing daaras and should adopt the programme, making it a priority and accelerating its implementation at the national level, particularly in rural areas, from which most child talibés originate.

The Committee notes the Government’s indications concerning the measures adopted for the protection or removal of vulnerable children or those who are victims of trafficking and exploitation. The Committee notes that these measures include the “Education and Family Life (EVF)” project in daaras, which envisages a number of activities, including training for Koranic masters and talibé children on the rights of the child and their protection, and the improvement of the living conditions and education of child talibés in daaras. The Committee also notes that, with a view to preventing the movement of children in the Kolda region (a border area), thought to be the biggest area of origin of child beggars, a pilot project has been established to provide financial allowances to families.

The Government adds that, in the context of the PARRER, a number of activities have been undertaken, including advocacy visits to major religious leaders and Koranic masters, measures of prevention and to remove children from the streets, and the development of broad awareness-raising campaigns. These various activities have led to a number of results being achieved, including the identification of 1,129 families at risk in the regions of Ziguinchor, Kolda and Kaolack, the establishment of 146 committees for the protection of child talibés, and the formulation and dissemination of Islamic arguments against child begging. However, the Committee observes that the Government has not provided recent statistics on the number of child talibés who have benefitted from the protection provided by the GINDDI centre. The Committee requests the Government to continue its efforts for the protection of child talibés under 18 years of age from forced or compulsory labour, including begging. It requests it to continue providing information on the measures adopted, particularly in the framework of the programme financed by the PARRER, and the results achieved, with an indication of the number of talibé children who have been removed from the worst forms of child labour and who have benefitted from rehabilitation and social integration measures in the GINDDI centre. It also requests the Government to continue providing information on the measures adopted or envisaged in the context of the process of the modernization of the daaras system, and the progress achieved in the context of the harmonized school programme for Koranic schools.

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. Clause (b). Use, procuring or offering of a child for the production of pornography or pornographic performances. In its previous comments, the Committee asked the Government to indicate the manner in which sections 256 and 257 of the Penal Code and sections 593 to 604 of the Code of Penal Procedure prohibit and punish the use, procuring or offering of a minor under 21 years of age for the production of pornography or for pornographic performances, are applied in practice.

The Committee noted the information sent by the Government to the effect that whenever an offence consists in the use, procurement or offering of a child for the production of pornography or for pornographic performances, the applicable penalties are fully and rigorously applied. The Committee once again asks the Government to provide specific information on the application in practice of sections 256 and 257 of the Penal Code and sections 593 to 604 of the Code of Penal Procedure, including statistics on the number and nature of offences reported and of investigations, prosecutions and convictions.

Article 7(2). Effective and time-bound measures. With reference to its previous comments, the Committee noted of the information sent by the Government to the effect that the technical cooperation project with ILO–IPEC pursued it activities in 2008. This enabled the support project for implementation of the Time-bound programme (TBP) to contribute to education by combating child labour through skills training and literacy. Furthermore, according to the Government, a new interagency project (ILO–UNICEF) to improve conditions for children at risk in Senegal was under way. The Committee encourages the Government to continue to provide information on the measures taken to prevent children from being employed in the worst forms of child labour and to remove them therefrom under the ILO–UNICEF interagency project.

Clause (a). Preventing children from being engaged in the worst forms of child labour. Access to free basic education. The Committee had previously noted that according to statistics for 2006 produced by the UNESCO Institute for Statistics, only 49 per cent of children complete their primary education. According to the statistics, 70 per cent of girls and 71 per cent of boys attend primary school (6 to 12 years), compared with 18 per cent of girls and 23 per cent of boys for secondary school.

The Committee noted the Government’s statement that it has drawn up a sectoral policy in the context of access to free basic education through the Ten Year Programme for Education and Training. Within this programme, there has been an improvement in the gross school enrolment rate, which reached 90.1 per cent in 2008, with a rate of 92.4 per cent for girls as compared to 88 per cent for boys. The primary school completion rate was 58 per cent for girls and just over 60 per cent for boys. The Committee further observed that the net primary enrolment rate increased slightly, according to the 2008 statistics produced by the UNESCO Institute for Statistics, which show 74 per cent of girls and 78 per cent of boys as actually attending primary school. It noted, however, that 25 per cent of children of primary school age (6 to 12 years) were still not at school.

The Committee noted the information contained in the report “Understanding Children’s Work and Youth Employment in Senegal”, produced jointly by ILO–IPEC, UNICEF and the World Bank in February 2010, which looks at the negative relationship between child labour and school enrolment. It revealed in particular that in the 7 to 14 age group, more than 1 child in 4 drops out of school owing to premature entry to the labour market, which is the primary cause of school drop-out. Thus, the enrolment rate among economically active children is 36 per cent as compared to 53 per cent among children who do not work. This situation occurs more commonly in the urban sector than in the rural sector. However, school life expectancy is lower in rural areas, largely because they afford little opportunity for access to education. The report reveals that among rural children the probability rate for work is 8 per cent higher and that for school enrolment, 17 per cent lower. The Committee furthermore notes from UNESCO’s 2009 Education for All Global Monitoring Report “Overcoming inequality: why governance matters”, that Senegal is still far from attaining four of the objectives set by Education for All: universal primary education, adult literacy, gender parity and equality and quality education. Considering that education contributes to preventing the employment of children in the worst forms of child labour, the Committee encourages the Government to redouble its efforts to improve the functioning of the educational system through measures that aim in particular to increase school attendance rates, to increase educational facilities in rural areas and to reduce the school drop-out rate. It requests the Government to continue to provide information on results obtained under the Ten-Year Programme for Education and Training.

Clause (d). Children at special risk. Child victims/orphans of HIV/AIDS. The Committee noted previously that the Government has drawn up a new Strategic Plan to combat AIDS (PSLS) for 2007–11, one objective of which is to improve the quality of life of orphans and vulnerable children (OVCs).

The Committee noted the information supplied by the Government that a grant programme has been started by the National Committee to combat AIDS, destined for OVCs affected by AIDS. The aim of the programme is to prevent orphaned children from being engaged in the worst forms of child labour. Furthermore, a sectoral Family Action Plan has been implemented to combat AIDS in particular by improving nutrition, education and socio-community care for OVCs. The Committee also noted the information sent by the Government in its National Report of March 2010 submitted in the context of the follow-up to the Declaration of Commitment on HIV/AIDS, to the effect that substantial support was given to schooling and vocational training for OVCs, including scholarships. According to the Government’s report, 3,290 OVCs received scholarships during the school year 2008–09, and 5,218 during the school year 2009–10. The Committee welcomed measures such as these that target care for OVCs. It noted, however, that according to the report on Senegal produced in September 2008 by the Joint United Nations Programme on HIV/AIDS, in 2007 an estimated 8,400 children aged from 0 to 17 years were orphaned by HIV/AIDS, more than double the number estimated for 2001. The Committee expresses concern at the increase in the number of children orphaned by HIV/AIDS, and accordingly asks the Government to continue its efforts to ensure that such children are not engaged in the worst forms of child labour. It requests the Government to continue to provide information on the measures taken and the results obtained under the Strategic Plan to Combat AIDS.

Clause (e). Special situation of girls. In its previous comments the Committee noted the results obtained in the various support projects for girls’ education.

It noted from the joint ILO–IPEC, UNICEF and World Bank report that the educational disparities between girls and boys have shown a downturn due to the Government’s awareness-raising measures. The Committee nonetheless noted that the primary school drop-out rate is higher among girls from rural areas and that on the whole girls leave school earlier than boys. Noting that the Government’s report contains no information on this matter, the Committee once again requests the Government to send information on the results obtained in the context of the specific measures taken to protect girls from the worst forms of child labour.

[The Government is asked to supply full particulars to the Conference at its 101st Session and to reply in detail to the present comments in 2012.]

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

The Committee notes the communication of 31 August 2011 from the International Trade Union Confederation (ITUC), and the Government’s reply, dated 17 November 2011.

Articles 3, clause (a), and 7(1) of the Convention. Sale and trafficking of children for economic exploitation; forced labour and penalties. Begging. In its previous comments, the Committee noted that the Committee on the Rights of the Child, in its concluding observations on the second periodic report of Senegal of October 2006 (CRC/C/SEN/CO/2, paragraphs 60 and 61), expressed concern at the practices in Koranic schools run by marabouts who use talibé children on a large scale for economic gain by sending them to agricultural fields or to the streets for begging and other illicit work to earn money, thereby preventing them from having access to health, education and good living conditions. It noted the comments of the National Federation of Independent Trade Unions of Senegal (UNSAS) indicating that the situation of street children is more worrying than ever because begging is on the rise, particularly in the country’s large urban areas. It observed that, according to the joint report of November 2007 of ILO–IPEC, UNICEF and the World Bank entitled “Child begging in the Dakar region”, in Dakar alone around 7,600 children are affected by the widespread phenomenon of begging. Talibés account for most of the child beggars (90 per cent). The Committee expressed its deep concern at the extent of the phenomenon of the use of talibé children for purely economic purposes in Senegal.

The Committee notes the comments of the ITUC indicating that the number of talibé children compelled to beg, consisting mainly of boys between the ages of 4 and 12 years, was estimated at 50,000 in 2010. The ITUC observes that most of these children live in isolated rural areas of Senegal or are victims of trafficking from neighbouring countries, including Mali and Guinea-Bissau. It emphasizes that these children in practice receive very little education and are extremely vulnerable, because they depend totally on their Koranic teacher or marabout. They live in unhealthy conditions and in poverty, and are the victims of physical and psychological abuse if they do not succeed in earning their financial quota through begging. With regard to the causes of the phenomenon, the ITUC explains that poverty alone cannot explain this form of exploitation, as the evidence tends to show that certain marabouts earn more through children begging than the income necessary to maintain their daaras (Koranic schools). The ITUC adds that there are no records of arrests, prosecutions or convictions of marabouts for compelling talibés to beg up to August 2010, when the Prime Minister announced the adoption of a Decree prohibiting begging in public places. Following this measure, seven Koranic teachers are reported to have been arrested and convicted to prison sentences under Act No. 02/2005 of 29 April 2005 to combat the trafficking of persons and similar practices and to protect victims. Nevertheless, these sentences are reported never to have been imposed. Indeed, the ITUC indicates that branch associations of Koranic teachers are reported to have condemned the application of Act No. 02/2005 and threatened to withdraw their support from the President in the elections in February 2012. In October 2010, the President therefore reversed the decision of the Government. Finally, the ITUC emphasizes the existence of ambiguity in the national legislation in Senegal in relation to the prohibition of begging, as section 245 of the Penal Code does not prohibit “the act of seeking alms on days, in places and under conditions established by religious traditions”.

The Committee notes that, in its reply to the ITUC’s allegations, the Government indicates that the Penal Code does not contain any ambiguity concerning the prohibition of begging in general, and particularly by children, and that Act No. 02/2005 is an integral part of the Penal Code. With regard to the application of the Act, the Government indicates that the issue of the publication of information on the prosecutions initiated will be examined with the Ministry of Justice with a view to determining its feasibility.

The Committee nevertheless notes with concern that, although section 3 of Act No. 02/2005 prohibits the organization, for economic gain, of begging by others or the employment, procuring or deceiving of someone with a view to causing that person to beg, or the exertion of pressure on a person to beg or to continue begging, section 245 of the Penal Code provides that “the act of seeking alms on days, in places and under conditions established by religious traditions does not constitute the act of begging”. It also observes that, from an initial reading of these two provisions in conjunction, it would appear that the act of organizing begging by talibé children cannot be criminalized as it does not constitute an act of begging according to section 245 of the Penal Code. The Committee further notes that the United Nations Special Rapporteur on the sale of children, child prostitution and child pornography, in her report of 28 December 2010 submitted to the Human Rights Council following her mission to Senegal (A/HRC/16/57/Add.3), noted the inconsistency between section 3 of Act No. 02/2005 and section 245 of the Penal Code (paragraph 31). The Committee also notes that the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Family, in its concluding observations of 3 December 2010 (CMW/C/SEN/CO/1, paragraph 26), noted with concern that more than half of the children who are forced to beg in the Dakar region come from neighbouring countries and that the Government of Senegal has not taken any practical steps to end regional trafficking in children for the purpose of begging.

The Committee must once again express its deep concern at the large number of talibé children used for purely economic ends and the failure to give effect to Act No. 02/2005 in respect of Koranic teachers who make use of begging by talibé children for economic purposes, a situation which has led to the release of the seven marabouts convicted in 2010. The Committee reminds the Government that, under the terms of Article 1 of the Convention, immediate and effective measures shall be taken as a matter of urgency to secure the prohibition and elimination of the worst forms of child labour and that, in accordance with Article 7(1) of the Convention, all the necessary measures shall be taken to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including the provision and application of sufficiently effective and dissuasive penal sanctions. The Committee therefore urges the Government to take immediate and effective measures, in law and practice, to ensure that persons engaged in the sale and trafficking of talibé children under 18 years of age for the purposes of economic exploitation, or who make use of these children for begging for purely economic purposes, are prosecuted effectively and that sufficiently effective and dissuasive sanctions are applied to them. In this respect, the Committee requests the Government to take the necessary measures to harmonize the national legislation so as to guarantee that the use of begging by talibé children for economic exploitation will be criminalized under section 245 of the Penal Code and under Act No. 02/2005. It requests the Government to provide information on the measures adopted in this respect, and on the number of investigations conducted, prosecutions, convictions and penal sanctions imposed on such persons.

Article 7(2). Effective and time-bound measures. Clause (d). Children at special risk. Talibé children. In its previous comments, the Committee noted the comments by UNSAS indicating that the measures taken in respect of talibé children were still inadequate. The Committee also noted that a partnership for the removal and reintegration of street children (PARRER) had been established in February 2007 and is made up of members of the Senegalese Administration, NGOs, the private sector, development partners, religious organizations, civil society and the media.

The Committee notes the ITUC’s comments indicating that the Government has adopted measures to promote a programme of modern daaras administered or regulated by the State. It further notes that the Government established the Inspectorate for daaras in 2008 to undertake the programme for the modernization of daaras and the integration of modern daaras into the public education system. It further notes that the Ministry of Education signed an agreement with PARRER for the development of a harmonized school programme for Koranic schools. This programme, financed by the PARRER, was launched in January 2011. Furthermore, at the beginning of the 2000s, the Government began to recruit specialized inspectors with the function of inspecting modern daaras.

In its reply to the ITUC’s comments, the Government indicates that it is engaged in improving the management and framework for the system of teaching in daaras. It adds that, within the framework of the Inspectorate of daaras, a number of actions are envisaged, particularly with a view to training Koranic teachers and talibés in the occupation of their choosing. It also plans to include certain actions in its strategy for the prevention of begging by children, such as the implementation of social protection measures in the areas of origin of migrant children, the establishment of programmes of conditional transfers for vulnerable families, support for the creation of income-generating activities for marabouts and the broadening of the teaching curriculum in Koranic schools with a view to facilitating the reintegration of young talibés into active life.

The Committee notes that, according to the information contained in the report of the United Nations Special Rapporteur of 28 December 2010, the Care, Information and Counselling Centre for Children in Difficulties (the GINDDI Centre) in the Ministry of Education, has been responsible since 2003 for taking children off the streets and reintegrating them, and for providing psychological support and social assistance to girls and boys who are victims of trafficking (paragraph 68). Accordingly, in 2009, some 896 street children and child talibés were given refuge in the GINDDI Centre. However, the United Nations Special Rapporteur noted the absence of formal, harmonized procedures for assisting and supporting at-risk children, and a lack of social services at the community level (paragraph 67). The Committee requests the Government to intensify its efforts to protect talibé children under 18 years of age from forced or compulsory labour, such as begging. It requests the Government to provide information on the measures adopted, particularly in the context of the programme financed by PARRER, and the results achieved, with an indication of the number of talibé children who have been removed from the worst forms of child labour and who have benefited from rehabilitation and social integration measures in the GINDDI Centre. It also requests the Government to continue providing information on the measures adopted or envisaged in the context of the process of the modernization of the daaras system.

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

[The Government is asked to supply full particulars to the Conference at its 101st Session and to reply in detail to the present comments in 2012.]

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

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for the production of pornography or pornographic performances. In its previous comments, the Committee asked the Government to indicate the manner in which sections 256 and 257 of the Penal Code and sections 593 to 604 of the Code of Penal Procedure prohibit and punish the use, procuring or offering of a minor under 21 years of age for the production of pornography or for pornographic performances, are applied in practice.

The Committee notes the information sent by the Government to the effect that whenever an offence consists in the use, procurement or offering of a child for the production of pornography or for pornographic performances, the applicable penalties are fully and rigorously applied. The Committee once again asks the Government to provide specific information on the application in practice of sections 256 and 257 of the Penal Code and sections 593 to 604 of the Code of Penal Procedure, including statistics on the number and nature of offences reported and of investigations, prosecutions and convictions.

Article 7(2). Effective and time-bound measures. With reference to its previous comments, the Committee takes note of the information sent by the Government to the effect that the technical cooperation project with ILO–IPEC pursued it activities in 2008. This enabled the support project for implementation of the Time-bound programme (TBP) to contribute to education by combating child labour through skills training and literacy. Furthermore, according to the Government, a new interagency project (ILO–UNICEF) to improve conditions for children at risk in Senegal is under way. The Committee encourages the Government to continue to provide information on the measures taken to prevent children from being employed in the worst forms of child labour and to remove them therefrom under the ILO–UNICEF interagency project.

Clause (a). Preventing children from being engaged in the worst forms of child labour. Access to free basic education. The Committee had previously noted that according to statistics for 2006 produced by the UNESCO Institute for Statistics, only 49 per cent of children complete their primary education. According to the statistics, 70 per cent of girls and 71 per cent of boys attend primary school (6 to 12 years), compared with 18 per cent of girls and 23 per cent of boys for secondary school.

The Committee notes the Government’s statement that it has drawn up a sectoral policy in the context of access to free basic education through the Ten‑Year Programme for Education and Training. Within this programme, there has been an improvement in the gross school enrolment rate, which reached 90.1 per cent in 2008, with a rate of 92.4 per cent for girls as compared to 88 per cent for boys. The primary school completion rate was 58 per cent for girls and just over 60 per cent for boys. The Committee further observes that the net primary enrolment rate increased slightly, according to the 2008 statistics produced by the UNESCO Institute for Statistics, which show 74 per cent of girls and 78 per cent of boys as actually attending primary school. It notes, however, that 25 per cent of children of primary school age (6 to 12 years) were still not at school.

The Committee notes the information contained in the report “Understanding Children’s Work and Youth Employment in Senegal”, produced jointly by
ILO–IPEC, UNICEF and the World Bank in February 2010, which looks at the negative relationship between child labour and school enrolment. It reveals in particular that in the 7 to 14 age group, more than 1 child in 4 drops out of school owing to premature entry to the labour market, which is the primary cause of school drop-out. Thus, the enrolment rate among economically active children is 36 per cent as compared to 53 per cent among children who do not work. This situation occurs more commonly in the urban sector than in the rural sector. However, school life expectancy is lower in rural areas, largely because they afford little opportunity for access to education. The report reveals that among rural children the probability rate for work is 8 per cent higher and that for school enrolment, 17 per cent lower. The Committee furthermore notes from UNESCO’s 2009 Education for All Global Monitoring Report “Overcoming inequality: why governance matters”, that Senegal is still far from attaining four of the objectives set by Education for All: universal primary education, adult literacy, gender parity and equality and quality education. Considering that education contributes to preventing the employment of children in the worst forms of child labour, the Committee encourages the Government to redouble its efforts to improve the functioning of the educational system through measures that aim in particular to increase school attendance rates, to increase educational facilities in rural areas and to reduce the school drop-out rate. It requests the Government to continue to provide information on results obtained under the Ten-Year Programme for Education and Training.

Clause (d). Children at special risk. Child victims/orphans of HIV/AIDS. The Committee noted previously that the Government has drawn up a new Strategic Plan to combat AIDS (PSLS) for 2007–11, one objective of which is to improve the quality of life of orphans and vulnerable children (OVCs).

The Committee notes the information supplied by the Government that a grant programme has been started by the National Committee to combat AIDS, destined for OVCs affected by AIDS. The aim of the programme is to prevent orphaned children from being engaged in the worst forms of child labour. Furthermore, a sectoral Family Action Plan has been implemented to combat AIDS in particular by improving nutrition, education and socio-community care for OVCs. The Committee also notes the information sent by the Government in its National Report of March 2010 submitted in the context of the follow-up to the Declaration of Commitment on HIV/AIDS, to the effect that substantial support was given to schooling and vocational training for OVCs, including scholarships. According to the Government’s report, 3,290 OVCs received scholarships during the school year 2008–09, and 5,218 during the school year 2009–10. The Committee welcomes measures such as these that target care for OVCs. It notes, however, that according to the report on Senegal produced in September 2008 by the Joint United Nations Programme on HIV/AIDS, in 2007 an estimated 8,400 children aged from 0 to 17 years were orphaned by HIV/AIDS, more than double the number estimated for 2001. The Committee expresses concern at the increase in the number of children orphaned by HIV/AIDS, and accordingly asks the Government to continue its efforts to ensure that such children are not engaged in the worst forms of child labour. It requests the Government to continue to provide information on the measures taken and the results obtained under the Strategic Plan to Combat AIDS.

Clause (e). Special situation of girls. In its previous comments the Committee noted the results obtained in the various support projects for girls’ education.

It notes from the joint ILO–IPEC, UNICEF and World Bank report that the educational disparities between girls and boys have shown a downturn due to the Government’s awareness-raising measures. The Committee nonetheless notes that the primary school drop-out rate is higher among girls from rural areas and that on the whole girls leave school earlier than boys. Noting that the Government’s report contains no information on this matter, the Committee once again requests the Government to send information on the results obtained in the context of the specific measures taken to protect girls from the worst forms of child labour.

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

The Committee takes note of the communication of 23 March 2010 from the National Federation of Independent Trade Unions of Senegal (UNSAS) and of the Government’s report.

Articles 3(a) and 7(1) of the Convention. 1. Sale and trafficking of children and penalties. The Committee noted previously that according to section 2 of Act No. 02/2005 of 29 April 2005 on measures to combat the trafficking of persons and similar practices and the protection of victims, the maximum sentence is applied when the offence of trafficking is committed against a minor. The Committee nonetheless observed, that although prohibited by law, in practice the trafficking of children for economic or sexual exploitation remains a cause of concern.

The Committee notes the information from the Government to the effect that prosecution and penalties are established in Act No. 02/2005 of 29 April 2005 and Order No. 3749 of 6 June 2003 defining and prohibiting the worse forms of child labour, and constitute measures to combat child trafficking effectively. However, the Committee notes that although the Act to combat human trafficking has been in force since April 2005, according to the Global Report on Trafficking in Persons published in 2009 by the United Nations Office on Drugs and Crime (UNODC) the number of persons arrested for trafficking in persons and related offences fell from 37 in 2004 to 15 in 2006. It further notes that according to the report entitled “Trafficking in Persons Report 2010 – Senegal”, published on the website of the United Nations High Commissioner for Refugees (www.unhcr.org), Act No. 02/2005 of 29 April 2005 has primarily been used to combat the smuggling of migrants to Spain. Furthermore, according to the framework document of the National Action Plan to combat the trafficking of persons, particularly women and children, in Senegal of 24 June 2008, Act
No. 02/2005 of 29 April 2005 has never been used to prosecute the offence of trafficking. According to the abovementioned document, this is largely because those responsible for its enforcement very often have little or no knowledge of Act No. 02/2005 of 29 April 2005 because the texts of laws are not disseminated.

According to the Trafficking in Persons Report 2010, in March 2009 the Senegalese police dismantled a human trafficking network sending girls from Senegal to Morocco for forced domestic work. However, this report indicates that the traffickers were released a few weeks after their arrest and no charges were brought because they were highly placed and influential members of Senegalese society. The Committee expresses its deep concern at the failure to apply Act
No. 02/2005 of 29 April 2005 and the allegations of the impunity of certain traffickers. The Committee urges the Government to take immediate and effective measures to ensure that thorough investigations and the robust prosecution of persons engaging in the sale and trafficking of children under 18 years of age are carried out, taking particular care to build the capacity of law enforcement bodies by disseminating Act No. 02/2005 of 29 April 2005. It requests the Government to provide information on the number of investigations, prosecutions, convictions and penal sanctions applied to the persons concerned.

2. Forced or compulsory labour and penalties. Begging. In its previous comments the Committee noted that the Committee on the Rights of the Child, in its concluding observations on the second periodic report of Senegal in October 2006 (CRC/C/SEN/CO/2, paragraphs 60 and 61), expressed concern at the large number of working children and in particular at the practices of the Koranic schools run by marabouts who use talibé children on a large scale for economic gain by sending them to agricultural fields or to the streets for begging and other illicit work to earn money, thus preventing them from having access to health, education and good living conditions. It further noted that although section 3(1) of Act No. 02/2005 of 29 April 2005 forbids the organization, for economic gain, of begging by others or the employment, procuring or deceiving of someone with a view to getting that person to beg, or the exertion of pressure on someone to beg or to continue to beg, including where the offence is against a minor, the talibé phenomenon remains a concern in practice.

The Committee takes note of the comments by UNSAS indicating that the situation of street children is more worrying than ever because begging is on the rise, particularly in the country’s large urban areas. It notes the Government’s statement that the necessary measures are being taken to enforce the national legislation on begging. It notes, however, from the framework document the National Action Plan to combat trafficking in persons, particularly women and children, in Senegal of 24 June 2008, that Act No. 02/2005 of 29 April 2005 has never been used to prosecute the offence of begging. Furthermore, according to the Trafficking in Persons Report 2010, there was evidence of some official tolerance on a local and institutional level for the trafficking of talibé children for forced begging.

The Committee notes that according to recent information (of 26 March 2008) from UNICEF, there are an estimated 100,000 street children in Senegal. Furthermore, according to a joint report of November 2007 by ILO–IPEC, UNICEF and the World Bank entitled “Child begging in the Dakar region”, in Dakar alone around 7,600 children are affected by the widespread phenomenon of begging. Talibé account for most of the child beggars (90 per cent). Child beggars are mostly very young, the average age being between 11 and 12, and most of them (95 per cent) come from other regions of Senegal or neighbouring countries such as Guinea–Bissau, Guinea, Mali and the Gambia. The report also reveals that the talibé children spend six hours a day begging on average, which would appear to leave them little time for Koranic study.

The Committee recalls that in its 2006 observation addressed to Niger on the Worst Forms of Child Labour Convention, 1999 (No. 182), it noted that three forms of begging were to be observed: conventional begging, educational begging and begging that uses children for purely economic ends. Conventional begging is the form practiced by indigent people. Educational begging is the form practiced in accordance with the Muslim religion as a means of learning humility for the person practising it and compassion for the alms-giver. Lastly, begging that uses children for purely economic ends makes children a source of business. Expressing its deep concern at the extent to which talibé children are used for purely economic purposes, the Committee urges the Government to take immediate and effective measures to ensure that marabouts who use begging by children under 18 years of age for purely economic purposes are, in practice, prosecuted and that sufficiently effective and dissuasive sanctions are applied to them pursuant to Act No. 02/2005 of 29 April 2005. In this connection the Committee asks the Government to take the necessary steps to ensure that thorough investigations and robust prosecutions are carried out. It requests the Government to send information on the measures taken and the results obtained, including the number of investigations held and the number of prosecutions and convictions. To the extent possible, all information provided should be disaggregated by sex and age.

Article 6. Programmes of action. National Action Plan to combat trafficking in persons. The Committee notes with interest the adoption in June 2008 of a National Action Plan to combat trafficking in persons, particularly women and children (2008–13). According to the framework document of the National Action Plan, the plan focuses inter alia on the following goals: (i) reinforcing and adapting the legal framework for the protection of victims; (ii) applying the legislation effectively; (iii) ensuring free compulsory schooling; (iv) strengthening the system of social protection for the most vulnerable children in the areas that are the main sources of trafficking; (v) providing effective protection for witnesses and victims; and (vi) improving the care and rehabilitation of victims of trafficking. The Committee requests the Government to provide information on the implementation of the National Action Plan to combat trafficking in persons, particularly women and children, and on the measures taken and the results obtained under the Plan to eliminate the sale and trafficking of children under 18 years of age.

Article 7(2). Effective and time-bound measures. Clause (d). Children at special risk. Street children and talibé children. Further to its previous comments, the Committee notes the comments by UNSAS indicating that the measures taken for talibé children, although effective, are still inadequate. It notes in this connection the recommendation made by UNSAS that the social partners should be more closely involved in the search for solutions, particularly as regards fostering, education and social integration. The Committee notes the information from the Government to the effect that a project for education on family life in the daaras (Koranic schools) has been produced by the Ministry of the Family, National Solidarity, Women’s Entrepreneurship and Microfinance. According to the Government, the project aims in particular to contribute to combating begging and the phenomenon of street children, to prepare talibé children for social and professional life by developing projects for educational and vocational activities and to promote the development of income-generating activities. It further notes that a partnership for the withdrawal and reintegration of street children (PARRER) was established in February 2007 and is made up of members of the Senegalese administration, NGOs, the private sector, development partners, religious organizations, civil society and the media. The partnership has set itself the objective of encouraging the public authorities to apply the national legislation effectively while engaging in advocacy at the national, subregional and international level in order to abolish the phenomenon of street children. It further notes the information from the Government to the effect that between 2001 and 2009, 1,080 children were removed from begging. The Committee also notes from the “2008 Findings on the Worst Forms of Child Labour – Senegal”, a report published on the website of the United Nations High Commissioner for Refugees (www.unhcr.org), that the Ministry of the Family, National Solidarity, Women’s Entrepreneurship and Microfinance runs a programme of support to 48 Koranic schools that have undertaken not to engage talibé children in begging. The Committee is of the view that street children and talibé children are particularly exposed to the worst forms of child labour, and accordingly encourages the Government to redouble its efforts to identify, withdraw and reintegrate street children, particularly child beggars. It requests the Government to provide additional information on the measures taken and the results obtained under the project for education on family life in the daaras and by the partnership for the withdrawal and reintegration of street children.

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

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

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. Clause (a). All forms of slavery or practices similar to slavery. 1. The sale and trafficking of children. In its previous comments, the Committee noted that the sale and trafficking of children does not appear to be prohibited by the national legislation. The Committee notes with interest the adoption of Act No. 02/2005 of 29 April 2005 respecting measures to combat the trafficking of persons and similar practices and the protection of victims (Act No. 02/2005 of 29 April 2005). In particular, it notes that the first section, subsection 1, of this Act establishes penalties for any person who procures, transports, transfers, accommodates or receives persons by means of threats or recourse to violence, abduction, fraud, deceit, abuse of authority or of a situation of vulnerability or by offering or accepting payment to obtain the consent of a person with authority over another, for the purposes of sexual exploitation, forced labour or services, slavery or practices similar to slavery. Under subsection 2, the offence of trafficking is committed against a minor, even where none of the means of threats or violence enumerated in subsection 1 have been used. Furthermore, under section 2 of Act No. 02/2005 of 29 April 2005, the maximum sentence is applied if the offence of the trafficking is committed in respect of a minor.

The Committee however notes that, according to a UNICEF report on the trafficking of persons, particularly women and children, in Western and Central Africa, published in 2006, children from Gambia, Guinea, Guinea-Bissau and Mali are the victims of trafficking to Senegal and, in reverse, children from Senegal are the victims of trafficking to Gambia and Nigeria. Furthermore, according to the UNICEF report, the internal trafficking of children also involves girls who are exploited in domestic service or for sexual purposes in touristic areas. Girls from Senegal are also victims of trafficking to Gambia for sexual exploitation in view of the predominance of sexual tourism in that country.

The Committee observes that, although the trafficking of children for economic and sexual exploitation is prohibited by the national legislation, it remains a cause of concern in practice. It expresses concern at the situation of these children and requests the Government to take the necessary measures to ensure that those found guilty of the trafficking of children for economic or sexual exploitation are in practice prosecuted and that sufficiently effective and dissuasive penalties are applied against them. In this respect, the Committee requests the Government to provide information on the effect given in practice to Act No. 02/2005 of 29 April 2005, respecting measures to combat the trafficking of persons and similar practices and for the protection of victims including statistics on the number and nature of the infringements reported, the investigations conducted, prosecutions, convictions and penal sanctions applied.

2. Forced or compulsory recruitment of children for use in armed conflict. With reference to its previous comments, the Committee notes the Government’s indication that military service is voluntary and that the age of those recruited for voluntary military service is between 18 and 21 years. The Committee adds that military service is authorized for persons who have reached the age of majority.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee noted previously that section 2(2) of Ministerial Order No. 3749/MFPTEOP/DTSS determining and prohibiting the worst forms of child labour of 6 June 2003 (hereinafter, Order No. 3749 of 6 June 2003) provides that the prostitution of minors is one of the worst forms of child labour and that it is accordingly prohibited. It further notes that the prostitution of minors is prohibited by section 327bis of the Penal Code. The Committee previously requested the Government to specify the age up to which a person is considered to be a minor under penal law and the penal provisions applicable to child prostitution. The Committee notes the Government’s indications that a person is considered to be a minor until she or he has reached the age of 18 years. It also notes the Government’s indication that sections 323 and 324 of the Penal Code penalize procuring.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. In its previous comments, the Committee noted that section 2(2) of Order No. 3749 of 6 June 2003 prohibits the production of pornographic performances. It also noted that certain provisions of the Penal Code (in particular sections 256 and 257) and the Code of Penal Procedure
(sections 593–604) address the protection of children whose morals are at risk. It requested the Government to specify the penal provisions prohibiting and penalizing the use, procuring or offering of a child under 18 years of age for the production of pornography or for pornographic performances. The Committee notes the information provided by the Government that sections 256 and 257 of the Penal Code and sections 593–604 of the Code of Penal Procedure prohibit and penalize the use, procuring or offering of a minor under 21 years of age for the production of pornography or for pornographic performances. It requests the Government to indicate the manner in which these provisions are applied in practice with a view to the effective prohibition and penalization of the use, procuring or offering of a child under 18 years of age for the production of pornography or for pornographic performances.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee noted previously that section 94 of Act No. 97-18 of 1 December 1997 issuing the Drug Code (the Drug Code) appeared only to prohibit manufacture, distribution and use of drugs. The Committee requested the Government to indicate whether the use of a child for illicit activities is prohibited and, if so, to specify the applicable legislation and sanctions. The Committee notes the information provided by the Government that the use of a minor for illicit activities is prohibited by sections 593 et seq. of the Code of Penal Procedure and sections 95–103 of the Drug Code. It further notes the Government’s indication that, under section 112 of the Drug Code, the use of a minor to commit one of the offences envisaged in the Code is an aggravating factor in respect of sentencing.

Clause (d) and Article 4. Hazardous work. The Committee previously requested the Government to indicate whether consultations were held with workers’ and employers’ organizations concerning the formulation of the schedule of hazardous types of work contained in Order No. 3749 on the worst forms of child labour of 6 June 2003, which determines the types of work prohibited for persons under 18 years of age. The Committee takes due note of the information provided by the Government that consultations were held with employers’ and workers’ organizations on the schedule of hazardous types of work. They were held in the National Labour and Social Security Advisory Council, in accordance with section L.205 of the Labour Code.

Article 5. Monitoring mechanisms. The Committee previously requested the Government to provide information on the mechanisms established for the implementation of the Convention by labour and social security inspectors in cases where the national measures relate to the application of penal provisions (prostitution, pornography, illicit activities, etc.). The Committee notes the information provided by the Government that, for the application of measures under the Penal Code rather than the Labour Code, a labour inspector who identifies a contravention draws up a report and transmits it to the Attorney-General of the Republic with a view to criminal prosecution.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes the information provided by the Government that all the technical cooperation projects with ILO–IPEC ended on 31 December 2007. It notes with interest the statistical data provided by the Government concerning the large number of children and their families who benefited directly or indirectly from all of the programmes undertaken in collaboration with ILO–IPEC, namely 68,726 children, of whom 57,615 were girls. In particular, through the support project for the implementation of the Time-bound Programme (TBP), 15,559 children, of whom 8,765 were girls, benefited directly from the project. Of these, 12,231 children were prevented from being engaged in work at an early age and 3,328 children were removed from the worst forms of child labour. The Committee expresses the strong hope that the Government will pursue its efforts to prevent children from being engaged in the worst forms of child labour and for their removal from these worst forms of child labour. It requests the Government to provide information on the measures adopted in this respect.

Clause (a). Preventing children from being engaged in the worst forms of child labour. 1. Programmes of action. With reference to its previous comments, the Committee takes due note of the information provided by the Government that, in the case of the Programme for the Prevention of Work by Children at an Early Age and Support for Children’s Associations, 10,569 children benefited from the programme, of which the initial objective was 2,500.

2. Access to free basic education. The Committee notes that, according to the UNESCO Education for All Global Monitoring Report 2008 entitled Education for All by 2015: Will we make it?, Senegal has little chance of achieving the objective of Education for All at the primary level by 2015. The Committee also notes that, according to the 2006 statistics of the UNESCO Institute for Statistics, only 49 per cent of children complete their primary education. According to these statistics, 70 per cent of girls and 71 per cent of boys attend primary school
(6–12 years), compared with 18 per cent of girls and 23 per cent of boys for secondary school. The Committee expresses concern at the very low proportion of children who complete their primary studies and the low rates of attendance at secondary school. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee strongly encourages the Government to redouble its efforts to improve the functioning of the education system, particularly by increasing the school attendance rate and reducing the school drop-out rate, with particular emphasis on girls. It requests the Government to provide information on the results achieved.

Clause (b). Assistance for the removal of children from the worst forms of child labour. The Committee previously noted the establishment of a programme to support the social reintegration of children recycling rubbish from the Mbeubeuss public waste dump and a support project for the social and family reintegration of street children in Dakar and Mbour. It requested the Government to provide information on the results achieved. The Committee notes the information provided by the Government that, in the context of the support programme for the social reintegration of children engaged in recycling rubbish from the Mbeubeuss public waste dump, 149 children have been withdrawn compared with the initial objective of 120 and have been reintegrated into alternative training. With regard to the support project for the social and family reintegration of street children in Dakar, 307 children have been removed compared with an initial objective of 150. They have also been integrated into alternative training.

Clause (d). Children at special risk. 1. Child HIV/AIDS victims and orphans. The Committee notes that the Government has formulated a new Strategic Plan to Combat Aids (PSLS) 2007–11. One of the objectives of the PSLS is to improve the quality of the life of orphans and vulnerable children. It further 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 child HIV/AIDS orphans in Senegal is around 25,000. The Committee observes that HIV/AIDS has negative effects on orphans who are at greater risk of being engaged in the worst forms of child labour. It therefore requests the Government to provide information on the specific time-bound measures taken, in the context of the implementation of the new PSLS 2007–11, to prevent child HIV/AIDS orphans from being engaged in the worst forms of child labour.

2. Street children. The Committee notes that, in its concluding observations of October 2006 (CRC/C/SEN/CO/2, paragraphs 58 and 59), the Committee on the Rights of the Child, while noting the steps taken by the Government to address the rights and needs of street children, expressed concern at the number of children living in the streets and engaged in begging. The Committee notes that children living or working in the streets are particularly exposed to the worst forms of child labour. It therefore requests the Government to provide information on the effective and time-bound measures taken to protect children living in the streets from the worst forms of child labour and to ensure their rehabilitation and social integration.

Clause (e). The special situation of girls. With reference to its previous comments, the Committee takes due note of the information provided by the Government that, with regard to the project to support school attendance by girls in the areas which are the greatest users of child labour in domestic service in Senegal and the project to prevent child labour, by girls in rural areas, support basic education and protect girls in domestic work, 14,000 girls have benefited from these projects in relation to an initial objective of 4,500. In the field of school attendance, 44,638 girls have been enrolled in school in relation to an objective of 10,000. With reference to educational support, the provision of school supplies and social assistance, 6,842 girls have benefited in comparison with an initial objective of 400. The Committee strongly encourages the Government to continue taking effective and time-bound measures to protect girls from the worst forms of child labour and asks it to provide information on the results achieved.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

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

The Committee noted the communication of the National Confederation of Workers of Senegal (CNTS) of 1 September 2008.

Article 3 of the Convention. Worst forms of child labour. Clause (a). Forced or compulsory labour. Begging. In its comments, the CNTS indicated that the Government needs to indicate clearly the action that it intends to take to eradicate the exploitation of children, and particularly the phenomenon of child talibés, which may be considered as one of the worst forms of child labour. The CNTS added that persons responsible for such exploitation of children are easily identifiable.

The Committee noted that according to the UNICEF report on trafficking in persons, especially women and children, in West and Central Africa, published in 2006, internal trafficking exists in Senegal from rural to urban areas, particularly in the case of child talibés, who beg in the streets of Dakar. Child talibés from Guinea, Guinea-Bissau, Gambia and Mali are also exploited in the large cities of Senegal. The Committee further noted that the Committee on the Rights of the Child, in its concluding observations on the second periodic report of Senegal in October 2006 (CRC/C/SEN/CO/2, paragraphs 60 and 61), expressed concern at the large number of working children and in particular the current practices of Koranic schools run by marabouts who use the talibés for economic gain by sending them to agricultural fields or to the streets for begging and other illicit work that provides money, thus denying them access to health, education and good living conditions.

The Committee noted that section 3(1) of Act No. 02/2005 of 29 April 2005 prohibits any person who, for economic gain, organizes another person to beg or who employs, procures or deceives a person with a view to delivering such person to beg or who exerts pressure on a person to beg or to continue to beg. Under subsection (2) of this section, there shall be no suspension of the implementation of the sentence where the offence is committed in relation to a minor.

The Committee observed that, although the legislation is in conformity with the Convention on this point, the phenomenon of child talibés remains a concern in practice. The Committee expressed concern at the use of these children for purely economic purposes. It once again  requests the Government to take the necessary measures to give effect to the national legislation on begging and to punish marabouts who use children for purely economic purposes. The Committee also asks the Government to provide information on the time-bound measures adopted to prevent young persons under 18 years of age from becoming victims of forced or compulsory labour, such as begging. Furthermore, it once again asks the Government to indicate the effective and time-bound measures adopted to protect these children against forced labour and to ensure their rehabilitation and social integration.

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 very near future.

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

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. The sale and trafficking of children. In its previous comments, the Committee noted that the sale and trafficking of children does not appear to be prohibited by the national legislation. The Committee notes with interest the adoption of Act No. 02/2005 of 29 April 2005 respecting measures to combat the trafficking of persons and similar practices and the protection of victims (Act No. 02/2005 of 29 April 2005). In particular, it notes that the first section, subsection 1, of this Act establishes penalties for any person who procures, transports, transfers, accommodates or receives persons by means of threats or recourse to violence, abduction, fraud, deceit, abuse of authority or of a situation of vulnerability or by offering or accepting payment to obtain the consent of a person with authority over another, for the purposes of sexual exploitation, forced labour or services, slavery or practices similar to slavery. Under subsection 2, the offence of trafficking is committed against a minor, even where none of the means of threats or violence enumerated in subsection 1 have been used. Furthermore, under section 2 of Act No. 02/2005 of 29 April 2005, the maximum sentence is applied if the offence of the trafficking is committed in respect of a minor.

The Committee however notes that, according to a UNICEF report on the trafficking of persons, particularly women and children, in Western and Central Africa, published in 2006, children from Gambia, Guinea, Guinea-Bissau and Mali are the victims of trafficking to Senegal and, in reverse, children from Senegal are the victims of trafficking to Gambia and Nigeria. Furthermore, according to the UNICEF report, the internal trafficking of children also involves girls who are exploited in domestic service or for sexual purposes in touristic areas. Girls from Senegal are also victims of trafficking to Gambia for sexual exploitation in view of the predominance of sexual tourism in that country.

The Committee observes that, although the trafficking of children for economic and sexual exploitation is prohibited by the national legislation, it remains a cause of concern in practice. It expresses concern at the situation of these children and requests the Government to take the necessary measures to ensure that those found guilty of the trafficking of children for economic or sexual exploitation are in practice prosecuted and that sufficiently effective and dissuasive penalties are applied against them. In this respect, the Committee requests the Government to provide information on the effect given in practice to Act No. 02/2005 of 29 April 2005, respecting measures to combat the trafficking of persons and similar practices and for the protection of victims including statistics on the number and nature of the infringements reported, the investigations conducted, prosecutions, convictions and penal sanctions applied.

2. Forced or compulsory recruitment of children for use in armed conflict. With reference to its previous comments, the Committee notes the Government’s indication that military service is voluntary and that the age of those recruited for voluntary military service is between 18 and 21 years. The Committee adds that military service is authorized for persons who have reached the age of majority.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee noted previously that section 2(2) of Ministerial Order No. 3749/MFPTEOP/DTSS determining and prohibiting the worst forms of child labour of 6 June 2003 [hereinafter, Order No. 3749 of 6 June 2003] provides that the prostitution of minors is one of the worst forms of child labour and that it is accordingly prohibited. It further notes that the prostitution of minors is prohibited by section 327bis of the Penal Code. The Committee previously requested the Government to specify the age up to which a person is considered to be a minor under penal law and the penal provisions applicable to child prostitution. The Committee notes the Government’s indications that a person is considered to be a minor until she or he has reached the age of 18 years. It also notes the Government’s indication that sections 323 and 324 of the Penal Code penalize procuring.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. In its previous comments, the Committee noted that section 2(2) of Order No. 3749 of 6 June 2003 prohibits the production of pornographic performances. It also noted that certain provisions of the Penal Code (in particular sections 256 and 257) and the Code of Penal Procedure (sections 593–604) address the protection of children whose morals are at risk. It requested the Government to specify the penal provisions prohibiting and penalizing the use, procuring or offering of a child under 18 years of age for the production of pornography or for pornographic performances. The Committee notes the information provided by the Government that sections 256 and 257 of the Penal Code and sections 593–604 of the Code of Penal Procedure prohibit and penalize the use, procuring or offering of a minor under 21 years of age for the production of pornography or for pornographic performances. It requests the Government to indicate the manner in which these provisions are applied in practice with a view to the effective prohibition and penalization of the use, procuring or offering of a child under 18 years of age for the production of pornography or for pornographic performances.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee noted previously that section 94 of Act No. 97-18 of 1 December 1997 issuing the Drug Code (the Drug Code) appeared only to prohibit manufacture, distribution and use of drugs. The Committee requested the Government to indicate whether the use of a child for illicit activities is prohibited and, if so, to specify the applicable legislation and sanctions. The Committee notes the information provided by the Government that the use of a minor for illicit activities is prohibited by sections 593 et seq. of the Code of Penal Procedure and sections 95–103 of the Drug Code. It further notes the Government’s indication that, under section 112 of the Drug Code, the use of a minor to commit one of the offences envisaged in the Code is an aggravating factor in respect of sentencing.

Clause (d) and Article 4. Hazardous work. The Committee previously requested the Government to indicate whether consultations were held with workers’ and employers’ organizations concerning the formulation of the schedule of hazardous types of work contained in Order No. 3749 on the worst forms of child labour of 6 June 2003, which determines the types of work prohibited for persons under 18 years of age. The Committee takes due note of the information provided by the Government that consultations were held with employers’ and workers’ organizations on the schedule of hazardous types of work. They were held in the National Labour and Social Security Advisory Council, in accordance with section L.205 of the Labour Code.

Article 5. Monitoring mechanisms. The Committee previously requested the Government to provide information on the mechanisms established for the implementation of the Convention by labour and social security inspectors in cases where the national measures relate to the application of penal provisions (prostitution, pornography, illicit activities, etc.). The Committee notes the information provided by the Government that, for the application of measures under the Penal Code rather than the Labour Code, a labour inspector who identifies a contravention draws up a report and transmits it to the Attorney-General of the Republic with a view to criminal prosecution.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes the information provided by the Government that all the technical cooperation projects with ILO/IPEC ended on 31 December 2007. It notes with interest the statistical data provided by the Government concerning the large number of children and their families who benefited directly or indirectly from all of the programmes undertaken in collaboration with ILO/IPEC, namely 68,726 children, of whom 57,615 were girls. In particular, through the support project for the implementation of the Time-bound programme (TBP), 15,559 children, of whom 8,765 were girls, benefited directly from the project. Of these, 12,231 children were prevented from being engaged in work at an early age and 3,328 children were removed from the worst forms of child labour. The Committee expresses the strong hope that the Government will pursue its efforts to prevent children from being engaged in the worst forms of child labour and for their removal from these worst forms of child labour. It requests the Government to provide information on the measures adopted in this respect.

Clause (a). Preventing children from being engaged in the worst forms of child labour. 1. Programmes of action. With reference to its previous comments, the Committee takes due note of the information provided by the Government that, in the case of the Programme for the Prevention of Work by Children at an Early Age and Support for Children’s Associations, 10,569 children benefited from the programme, of which the initial objective was 2,500.

2. Access to free basic education. The Committee notes that, according to the UNESCO Education for All Global Monitoring Report 2008 entitled Education for All by 2015: Will we make it?, Senegal has little chance of achieving the objective of Education for All at the primary level by 2015. The Committee also notes that, according to the 2006 statistics of the UNESCO Institute for Statistics, only 49 per cent of children complete their primary education. According to these statistics, 70 per cent of girls and 71 per cent of boys attend primary school (6–12 years), compared with 18 per cent of girls and 23 per cent of boys for secondary school. The Committee expresses concern at the very low proportion of children who complete their primary studies and the low rates of attendance at secondary school. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee strongly encourages the Government to redouble its efforts to improve the functioning of the education system, particularly by increasing the school attendance rate and reducing the school drop-out rate, with particular emphasis on girls. It requests the Government to provide information on the results achieved.

Clause (b). Assistance for the removal of children from the worst forms of child labour. The Committee previously noted the establishment of a programme to support the social reintegration of children recycling rubbish from the Mbeubeuss public waste dump and a support project for the social and family reintegration of street children in Dakar and Mbour. It requested the Government to provide information on the results achieved. The Committee notes the information provided by the Government that, in the context of the support programme for the social reintegration of children engaged in recycling rubbish from the Mbeubeuss public waste dump, 149 children have been withdrawn compared with the initial objective of 120 and have been reintegrated into alternative training. With regard to the support project for the social and family reintegration of street children in Dakar, 307 children have been removed compared with an initial objective of 150. They have also been integrated into alternative training.

Clause (d). Children at special risk. 1. Child HIV/AIDS victims and orphans. The Committee notes that the Government has formulated a new Strategic Plan to Combat Aids (PSLS) 2007–11. One of the objectives of the PSLS is to improve the quality of the life of orphans and vulnerable children. It further 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 child HIV/AIDS orphans in Senegal is around 25,000. The Committee observes that HIV/AIDS has negative effects on orphans who are at greater risk of being engaged in the worst forms of child labour. It therefore requests the Government to provide information on the specific time-bound measures taken, in the context of the implementation of the new PSLS 2007–11, to prevent child HIV/AIDS orphans from being engaged in the worst forms of child labour.

2. Street children. The Committee notes that, in its concluding observations of October 2006 (CRC/C/SEN/CO/2, paragraphs 58 and 59), the Committee on the Rights of the Child, while noting the steps taken by the Government to address the rights and needs of street children, expressed concern at the number of children living in the streets and engaged in begging. The Committee notes that children living or working in the streets are particularly exposed to the worst forms of child labour. It therefore requests the Government to provide information on the effective and time-bound measures taken to protect children living in the streets from the worst forms of child labour and to ensure their rehabilitation and social integration.

Clause (e). The special situation of girls. With reference to its previous comments, the Committee takes due note of the information provided by the Government that, with regard to the project to support school attendance by girls in the areas which are the greatest users of child labour in domestic service in Senegal and the project to prevent child labour, by girls in rural areas, support basic education and protect girls in domestic work, 14,000 girls have benefited from these projects in relation to an initial objective of 4,500. In the field of school attendance, 44,638 girls have been enrolled in school in relation to an objective of 10,000. With reference to educational support, the provision of school supplies and social assistance, 6,842 girls have benefited in comparison with an initial objective of 400. The Committee strongly encourages the Government to continue taking effective and time-bound measures to protect girls from the worst forms of child labour and asks it to provide information on the results achieved.

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

The Committee notes the communication of the National Confederation of Workers of Senegal (CNTS) of 1 September 2008.

Article 3 of the Convention. Worst forms of child labour. Clause (a). Forced or compulsory labour. Begging. In its comments, the CNTS indicates that the Government needs to indicate clearly the action that it intends to take to eradicate the exploitation of children, and particularly the phenomenon of child talibés, which may be considered as one of the worst forms of child labour. The CNTS adds that persons responsible for such exploitation of children are easily identifiable.

According to the UNICEF report on trafficking in persons, especially women and children, in West and Central Africa, published in 2006, internal trafficking exists in Senegal from rural to urban areas, particularly in the case of child talibés, who beg in the streets of Dakar. Child talibés from Guinea, Guinea-Bissau, Gambia and Mali are also exploited in the large cities of Senegal. The Committee further notes that the Committee on the Rights of the Child, in its concluding observations on the second periodic report of Senegal in October 2006 (CRC/C/SEN/CO/2, paragraphs 60 and 61), expressed concern at the large number of working children and in particular the current practices of Koranic schools run by marabouts who use the talibés for economic gain by sending them to agricultural fields or to the streets for begging and other illicit work that provides money, thus denying them access to health, education and good living conditions.

The Committee notes that section 3(1) of Act No. 02/2005 of 29 April 2005 prohibits any person who, for economic gain, organizes another person to beg or who employs, procures or deceives a person with a view to delivering such person to beg or who exerts pressure on a person to beg or to continue to beg. Under subsection (2) of this section, there shall be no suspension of the implementation of the sentence where the offence is committed in relation to a minor.

The Committee observes that, although the legislation is in conformity with the Convention on this point, the phenomenon of child talibés remains a concern in practice. The Committee expresses concern at the use of these children for purely economic purposes. It requests the Government to take the necessary measures to give effect to the national legislation on begging and to punish marabouts who use children for purely economic purposes. The Committee also asks the Government to provide information on the time-bound measures adopted to prevent young persons under 18 years of age from becoming victims of forced or compulsory labour, such as begging. Furthermore, it asks the Government to indicate the effective and time-bound measures adopted to protect these children against forced labour and to ensure their rehabilitation and social integration.

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

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

The Committee notes with regret that for the third consecutive year 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 1 of the Convention. Measures intended to secure the prohibition and elimination of the worst forms of child labour. The Committee noted with interest that the Government was currently conducting six programmes of action in collaboration with IPEC. It also noted that, in the framework of the second phase of the national programme of action to eliminate child labour and to urgently increase their protection against the worst forms of child labour, the Government signed a second Memorandum of Understanding with ILO/IPEC in January 2003 for a three‑year period. It also noted that a four-year project will start in 2004; the objective of this project is the elimination of the worst forms of child labour for children exploited in begging, girls working in domestic work and hazardous types of child labour in agriculture, fishing and animal husbandry. The Committee requests the Government to keep it informed of the projects being carried out and their results.

Article 3. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. The sale and trafficking of children. The Committee noted that, under the terms of section 2(1) of Order No. 003749 of 6 June 2003 determining and prohibiting the worst forms of child labour, begging carried out by children for a third party constitutes one of the worst forms of child labour, as well as bonded labour for a third party. Senegal has ratified the 1949 Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others and has also signed the Additional Protocol to the United Nations Convention against Transnational Organized Crime to prevent, suppress and punish trafficking in persons, especially women and children. It has also signed the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography. The Committee noted, however, that the sale and trafficking of children does not appear to be prohibited by the national legislation. The Committee therefore requests the Government to provide information on the measures adopted or envisaged to prohibit the trafficking and sale of children.

2. Forced or compulsory recruitment of children for use in armed conflict. The Committee noted that Order No. 003749 of 6 June 2003 determining and prohibiting the worst forms of child labour does not explicitly refer to the recruitment of children in the armed forces. It also noted the Government’s statement in 1994 to the Committee on the Rights of the Child that its legislation is based on both voluntary and compulsory service. The Government also indicated that recruitment takes place between 18 and 21 years of age. Recalling that under the terms of Article 3(a) of the Convention, the forced or compulsory recruitment of children for use in armed conflict constitutes one of the worst forms of child labour, the Committee requests the Government to specify the minimum age at which a person may be called up for compulsory military service and to provide a copy of the texts establishing the conditions for the recruitment of soldiers.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee noted that section 2(2) of Order No. 003749 of 6 June 2003 provides that child prostitution constitutes one of the worst forms of child labour and that as such it is prohibited for persons under 18 years of age. It also noted that child prostitution appears to be prohibited under section 327bis of the Penal Code. The Committee requests the Government to specify the age up to which a person is considered to be a minor under penal law and the penal provisions applicable to child prostitution and whether they prohibit and effectively punish the use, procuring or offering of a child under 18 years of age for prostitution. It would be grateful if the Government would provide a copy of the most recent version of the Penal Code.

2. Child pornography. The Committee noted that section 2(2) of Order No. 003749 of 6 June 2003 prohibits the production of pornographic performances. It also noted that certain provisions of the Penal Code (in particular sections 256 and 257) and of the Code of Penal Procedure (sections 593 and 604) address the protection of children whose morals are at risk. The Committee requests the Government to specify the penal provisions prohibiting and penalizing the use, procuring or offering a child under 18 years of age for the production of pornographic materials or pornographic performances.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee noted that, under the terms of section 2(2) of Order No. 003749 of 6 June 2003, the production, transport, sale or consumption of drugs constitutes one of the worst forms of child labour. It also noted that section 94 of Act No. 97-18 of 1 December 1997 issuing the Drug Code appears to prohibit only the exercise of these activities and not the use of children for these illicit activities. The Committee recalled that Article 3(c) of the Convention provides that the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs, is one of the worst forms of child labour. The Committee therefore requests the Government to indicate whether the use of children for illicit activities is prohibited and, if so, to specify the applicable legislation and sanctions.

Articles 3(d) and 4. Hazardous work. The Committee noted that Order No. 003749 of 6 June 2003 on the worst forms of child labour fixes the type of work prohibited for children under 18 years of age. The Committee requests the Government to indicate whether consultations were held with workers’ and employers’ organizations concerning the list of hazardous types of work.

Article 4, paragraph 2. Determination of hazardous work. The Committee noted that the Government’s report provides no information on the measures taken to determine where the types of work exist which, by their nature or the circumstances in which they are carried out, are likely to harm the health, safety or morals of young persons. The Committee recalled that Article 4, paragraph 2, of the Convention provides that the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the hazardous types of work so determined exist. The Committee therefore requests the Government to indicate the measures adopted or envisaged, after consultation with the organizations of employers and workers concerned, to specify where the types of work so determined exist.

Article 5. Mechanisms to monitor the implementation of the provisions giving effect to this Convention. The Committee noted the information provided by the Government in its report indicating that the labour administration services are responsible for monitoring the implementation of the provisions of the Convention. The Committee noted that section L.197 of the Labour Code determines the powers of labour inspectors. It also noted that the final sections of each of the four Orders of 6 June 2003 (the Order respecting child labour, the Order determining and prohibiting the worst forms of child labour, the Order on the nature of the types of hazardous work prohibited for children and young persons, and the Order determining the categories of enterprises and types of work prohibited for children and young persons) provide that the labour and social security inspectors are responsible for enforcing the Orders. The Committee requests the Government to provide information on the mechanisms established or envisaged for the implementation of the Convention by labour and social security inspectors in cases where the national measures relate to the application of penal measures (prostitution, pornography, illicit activities, … ) rather than the application of the provisions of the Labour Code.

Article 6. The Committee noted with interest that Senegal, in collaboration with IPEC, is implementing various programmes (six programmes are currently being implemented) in the framework of the second phase of the national programme of action to eliminate child labour and urgently increase their protection against the worst forms of child labour. The Committee also noted that the country receives financial assistance to carry out SIMPOC surveys. The Committee requests the Government to provide information on the implementation of these programmes of action and their results.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Measures taken to prevent the engagement of children in the worst forms of child labour. The Committee noted the establishment of a programme to prevent the employment of young children and to support children’s associations in seven regions of Senegal (1 July 2002-1 December 2003), and the existence of a programme to improve the working conditions of children in Senegal (15 August 2002­–5 November 2003). The Committee requests the Government to provide information on the results achieved by these programmes.

Clause (b). Assistance for the removal of children from the worst forms of child labour. The Committee noted the establishment of a programme to support the social reintegration of children recyclers working in the Mbeubeuss public waste dump (15 June 2002–5 November 2003) and a project to support the social and family reintegration of street children in Dakar and Mbour (15 July
2002–15 October 2003). The Committee requests the Government to continue keeping it informed of the measures taken to remove children from the worst forms of child labour and the results achieved.

Clause (d). Children at special risk. The Committee noted that the 1999 report of the Ministry of Labour and Employment entitled “Child Labour in Senegal” refers to the methodological survey carried out in 1993 by the Department for Forecasting and Statistics in collaboration with IPEC and UNICEF, according to which 78 per cent of child workers from 9 to 15 years of age usually work as family helpers, principally in agriculture. The Committee also noted that the Government decided, when ratifying Convention No. 138, to exclude from the scope of the Convention “non-remunerated traditional types of farm or rural work in the family context by children under 15 years of age, which are intended to improve their integration into their social environment and context”. It also noted that the report of the mission for the preparation of a time-bound programme in Senegal
(15–22 March 2003) identified priority areas of intervention: agriculture, animal husbandry, fishing and the exploitation of children for begging (working conditions, psycho‑social problems, problems of an institutional nature, socio-cultural and socio-economic problems). The Committee requests the Government to provide information on the general situation of employment or work as family helpers in agriculture, and particularly whether those involved are at risk of being engaged in one of the worst forms of child labour.

Clause (e). The special situation of girls. The Committee noted the existence of a project to support school attendance by girls in the areas which are the greatest users of child labour in domestic service in Senegal (15 May 2002–15 November 2003) and the project to prevent child labour by girls in rural areas, support basic education and protect girls in domestic work (15 July 2002–15 November 2003). It also noted that one of the recommendations of the seminar held on 15–22 March 2003 on the time-bound programme was to improve the skills of families in the regions providing girls for domestic work. The Committee requests the Government to provide information on the impact of these projects in eliminating the worst forms of child labour by girls.

Article 8. Enhanced international cooperation and/or assistance. The Committee noted that the Government’s report provides no information on the subject. It noted, however, that Senegal has been a member of Interpol since 1961, which helps to facilitate cooperation between the countries in the region, particularly through the exchange of information to combat child labour more effectively. It also noted that the ratification of the African Charter on Human and People’s Rights facilitates cooperation between Senegal and its neighbouring States. The African Commission on Human and People’s Rights made recommendations and adopted resolutions on the measures to be adopted in the various countries for the period 1988–2002. The Committee requests the Government to provide information on any agreements concluded between Senegal and its neighbouring countries, particularly to eliminate child trafficking.

Part V of the report form. The Committee noted that Senegal receives financial assistance to carry out SIMPOC surveys but that, in view of an institutional problem at the level of the statistical institute and the fact that the preparation of a time-bound programme requires reliable qualitative and quantitative statistical data, it is proposed instead to conduct basic surveys in the priority sectors of the time-bound programme. The Committee noted the Government’s indication in its report that studies have been carried out by national consultants on, among others, the following subjects: (a) a study of the worst forms of child labour in the artisanal maritime fishing sector in Senegal; (b) the exploitation of children in begging in Senegal; (c) a study on the risks for children working in agriculture and animal husbandry; and (d) child labour in gold washing, quarries and salt production. The Committee encourages the Government to pursue its efforts and requests it to provide a copy of the above studies, copies or extracts of the reports of the inspection services and any other relevant information, including statistics on the nature, extent and trends in the worst forms of child labour and on the number and nature of violations reported and the penal sanctions imposed.

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

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:

Article 1 of the Convention. Measures intended to secure the prohibition and elimination of the worst forms of child labour. The Committee notes with interest that the Government is currently conducting six programmes of action in collaboration with IPEC. It also notes that, in the framework of the second phase of the national programme of action to eliminate child labour and to urgently increase their protection against the worst forms of child labour, the Government signed a second Memorandum of Understanding with ILO/IPEC in January 2003 for a three-year period. It also notes that a four-year project will start in 2004; the objective of this project is the elimination of the worst forms of child labour for children exploited in begging, girls working in domestic work and hazardous types of child labour in agriculture, fishing and animal husbandry. The Committee requests the Government to keep it informed of the projects being carried out and their results.

Article 3. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. The sale and trafficking of children. The Committee notes that under the terms of section 2(1) of Order No. 003749 of 6 June 2003 determining and prohibiting the worst forms of child labour, begging carried out by children for a third party constitutes one of the worst forms of child labour, as well as bonded labour for a third party. Senegal has ratified the 1949 Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others and has also signed the Additional Protocol to the United Nations Convention against Transnational Organized Crime to prevent, suppress and punish trafficking in persons, especially women and children. It has also signed the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography. The Committee notes, however, that the trafficking and sale of children do not appear to be prohibited by the national legislation. The Committee therefore requests the Government to provide information on the measures adopted or envisaged to prohibit the trafficking and sale of children.

2. Forced or compulsory recruitment of children for use in armed conflict. The Committee notes that Order No. 003749 of 6 June 2003 determining and prohibiting the worst forms of child labour does not explicitly refer to the recruitment of children in the armed forces. It also notes the Government’s statement in 1994 to the Committee on the Rights of the Child that its legislation is based on both voluntary and compulsory service. The Government also indicated that recruitment takes place between 18 and 21 years of age. Recalling that under the terms of Article 3(a) of the Convention, the forced or compulsory recruitment of children for use in armed conflict constitutes one of the worst forms of child labour, the Committee requests the Government to specify the minimum age at which a person may be called up for compulsory military service and to provide a copy of the texts establishing the conditions for the recruitment of soldiers.

Clause (b). 1. The use, procuring or offering of a child for prostitution. The Committee notes that section 2(2) of Order No. 003749 of 6 June 2003 provides that child prostitution constitutes one of the worst forms of child labour and that as such it is prohibited for persons under 18 years of age. It also notes that child prostitution appears to be prohibited under section 327bis of the Penal Code. The Committee requests the Government to specify the age up to which a person is considered to be a minor under penal law and the penal provisions applicable to child prostitution and whether they prohibit and effectively punish the use, procuring or offering of a child under 18 years of age for prostitution. It would be grateful if the Government would provide a copy of the most recent version of the Penal Code.

2. Child pornography. The Committee notes that section 2(2) of Order No. 003749 of 6 June 2003 prohibits the production of pornographic performances. It also notes that certain provisions of the Penal Code (in particular sections 256 and 257) and of the Code of Penal Procedure (sections 593 and 604) address the protection of children whose morals are at risk. The Committee requests the Government to specify the penal provisions prohibiting and penalizing the use, procuring or offering a child under 18 years of age for the production of pornographic materials or pornographic performances.

Clause (c). The use, procuring or offering of a child for illicit activities. The Committee notes that under the terms of section 2(2) of Order No. 003749 of 6 June 2003, the production, transport, sale or consumption of drugs constitutes one of the worst forms of child labour. It also notes that section 94 of Act No. 97-18 of 1 December 1997 issuing the Drug Code appears to prohibit only the exercise of these activities and not the use of children for these illicit activities. The Committee recalls that Article 3(c) of the Convention provides that the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs, is one of the worst forms of child labour. The Committee therefore requests the Government to indicate whether the use of children for illicit activities is prohibited and, if so, to specify the applicable legislation and sanctions.

Articles 3(d) and 4. Hazardous work. The Committee notes that Order No. 003749 of 6 June 2003 on the worst forms of child labour fixes the type of work prohibited for children under 18 years of age. The Committee requests the Government to indicate whether consultations were held with workers’ and employers’ organizations concerning the list of hazardous types of work.

Article 4, paragraph 2. Determination of hazardous work. The Committee notes that the Government’s report provides no information on the measures taken to determine where the types of work exist which, by their nature or the circumstances in which they are carried out, are likely to harm the health, safety or morals of young persons. The Committee recalls that Article 4, paragraph 2, of the Convention provides that the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the hazardous types of work so determined exist. The Committee therefore requests the Government to indicate the measures adopted or envisaged, after consultation with the organizations of employers and workers concerned, to specify where the types of work so determined exist.

Article 5. Mechanisms to monitor the implementation of the provisions giving effect to this Convention. The Committee notes the information provided by the Government in its report indicating that the labour administration services are responsible for monitoring the implementation of the provisions of the Convention. The Committee notes that section L.197 of the Labour Code determines the powers of labour inspectors. It also notes that the final sections of each of the four Orders of 6 June 2003 (the Order respecting child labour, the Order determining and prohibiting the worst forms of child labour, the Order on the nature of the types of hazardous work prohibited for children and young persons, and the Order determining the categories of enterprises and types of work prohibited for children and young persons) provide that the labour and social security inspectors are responsible for enforcing the Orders. The Committee requests the Government to provide information on the mechanisms established or envisaged for the implementation of the Convention by labour and social security inspectors in cases where the national measures relate to the application of penal measures (prostitution, pornography, illicit activities, … ) rather than the application of the provisions of the Labour Code.

Article 6. The Committee notes with interest that Senegal, in collaboration with IPEC, is implementing various programmes (six programmes are currently being implemented) in the framework of the second phase of the national programme of action to eliminate child labour and urgently increase their protection against the worst forms of child labour. The Committee also notes that the country receives financial assistance to carry out SIMPOC surveys. The Committee requests the Government to provide information on the implementation of these programmes of action and their results.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Measures taken to prevent the engagement of children in the worst forms of child labour. The Committee notes the establishment of a programme to prevent the employment of young children and to support children’s associations in seven regions of Senegal (1 July 2002-1 December 2003), and the existence of a programme to improve the working conditions of children in Senegal (15 August 2002‑5 November 2003). The Committee requests the Government to provide information on the results achieved by these programmes.

Clause (b). Assistance for the removal of children from the worst forms of child labour. The Committee notes the establishment of a programme to support the social reintegration of children recyclers working in the Mbeubeuss public waste dump (15 June 2002-5 November 2003) and a project to support the social and family reintegration of street children in Dakar and Mbour (15 July 2002-15 October 2003). The Committee requests the Government to continue keeping it informed of the measures taken to remove children from the worst forms of child labour and the results achieved.

Clause (d). Children at special risk. The Committee notes that the 1999 report of the Ministry of Labour and Employment entitled “Child Labour in Senegal” refers to the methodological survey carried out in 1993 by the Department for Forecasting and Statistics in collaboration with IPEC and UNICEF, according to which 78 per cent of child workers from 9 to 15 years of age usually work as family helpers, principally in agriculture. The Committee also notes that the Government decided, when ratifying Convention No. 138, to exclude from the scope of the Convention “non-remunerated traditional types of farm or rural work in the family context by children under 15 years of age, which are intended to improve their integration into their social environment and context”. It also notes that the report of the mission for the preparation of a time-bound programme in Senegal (15-22 March 2003) identified priority areas of intervention: agriculture, animal husbandry, fishing and the exploitation of children for begging (working conditions, psycho‑social problems, problems of an institutional nature, socio-cultural and socio-economic problems). The Committee requests the Government to provide information on the general situation of employment or work as family helpers in agriculture, and particularly whether those involved are at risk of being engaged in one of the worst forms of child labour.

Clause (e). The special situation of girls. The Committee notes the existence of a project to support school attendance by girls in the areas which are the greatest users of child labour in domestic service in Senegal (15 May 2002-15 November 2003) and the project to prevent child labour by girls in rural areas, support basic education and protect girls in domestic work (15 July 2002-15 November 2003). It also notes that one of the recommendations of the seminar held on 15-22 March 2003 on the time-bound programme was to improve the skills of families in the regions providing girls for domestic work. The Committee requests the Government to provide information on the impact of these projects in eliminating the worst forms of child labour by girls.

Article 8. Enhanced international cooperation and/or assistance. The Committee notes that the Government’s report provides no information on the subject. It notes, however, that Senegal has been a member of Interpol since 1961, which helps to facilitate cooperation between the countries in the region, particularly through the exchange of information to combat child labour more effectively. It also notes that the ratification of the African Charter on Human and People’s Rights facilitates cooperation between Senegal and its neighbouring States. The African Commission on Human and People’s Rights made recommendations and adopted resolutions on the measures to be adopted in the various countries for the period 1988-2002. The Committee requests the Government to provide information on any agreements concluded between Senegal and its neighbouring countries, particularly to eliminate child trafficking.

Part V of the report form. The Committee notes that Senegal receives financial assistance to carry out SIMPOC surveys but that, in view of an institutional problem at the level of the statistical institute and the fact that the preparation of a time-bound programme requires reliable qualitative and quantitative statistical data, it is proposed instead to conduct basic surveys in the priority sectors of the time-bound programme. The Committee notes the Government’s indication in its report that studies have been carried out by national consultants on, among others, the following subjects: (a) a study of the worst forms of child labour in the artisanal maritime fishing sector in Senegal; (b) the exploitation of children in begging in Senegal; (c) a study on the risks for children working in agriculture and animal husbandry; and (d) child labour in gold washing, quarries and salt production. The Committee encourages the Government to pursue its efforts and requests it to provide a copy of the above studies, copies or extracts of the reports of the inspection services and any other relevant information, including statistics on the nature, extent and trends in the worst forms of child labour and on the number and nature of violations reported and the penal sanctions imposed.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

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:

The Committee notes the communication by the International Confederation of Free Trade Unions (ICFTU) dated 23 September 2003 containing comments on the application of the Convention. A copy of this communication was sent to the Government on 20 October 2003 for it to make any comments it deems appropriate on the issues raised. The Committee requests the Government to provide information on the following points.

Article 1 of the Convention. Measures intended to secure the prohibition and elimination of the worst forms of child labour. The Committee notes with interest that the Government is currently conducting six programmes of action in collaboration with IPEC. It also notes that, in the framework of the second phase of the national programme of action to eliminate child labour and to urgently increase their protection against the worst forms of child labour, the Government signed a second Memorandum of Understanding with ILO/IPEC in January 2003 for a three-year period. It also notes that a four-year project will start in 2004; the objective of this project is the elimination of the worst forms of child labour for children exploited in begging, girls working in domestic work and hazardous types of child labour in agriculture, fishing and animal husbandry. The Committee requests the Government to keep it informed of the projects being carried out and their results.

Article 3. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. The sale and trafficking of children. The Committee notes that under the terms of section 2(1) of Order No. 003749 of 6 June 2003 determining and prohibiting the worst forms of child labour, begging carried out by children for a third party constitutes one of the worst forms of child labour, as well as bonded labour for a third party. Senegal has ratified the 1949 Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others and has also signed the Additional Protocol to the United Nations Convention against Transnational Organized Crime to prevent, suppress and punish trafficking in persons, especially women and children. It has also signed the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography. The Committee notes, however, that the trafficking and sale of children do not appear to be prohibited by the national legislation. The Committee therefore requests the Government to provide information on the measures adopted or envisaged to prohibit the trafficking and sale of children.

2. Forced or compulsory recruitment of children for use in armed conflict. The Committee notes that Order No. 003749 of 6 June 2003 determining and prohibiting the worst forms of child labour does not explicitly refer to the recruitment of children in the armed forces. It also notes the Government’s statement in 1994 to the Committee on the Rights of the Child that its legislation is based on both voluntary and compulsory service. The Government also indicated that recruitment takes place between 18 and 21 years of age. Recalling that under the terms of Article 3(a) of the Convention, the forced or compulsory recruitment of children for use in armed conflict constitutes one of the worst forms of child labour, the Committee requests the Government to specify the minimum age at which a person may be called up for compulsory military service and to provide a copy of the texts establishing the conditions for the recruitment of soldiers.

Clause (b). 1. The use, procuring or offering of a child for prostitution. The Committee notes that section 2(2) of Order No. 003749 of 6 June 2003 provides that child prostitution constitutes one of the worst forms of child labour and that as such it is prohibited for persons under 18 years of age. It also notes that child prostitution appears to be prohibited under section 327bis of the Penal Code. The Committee requests the Government to specify the age up to which a person is considered to be a minor under penal law and the penal provisions applicable to child prostitution and whether they prohibit and effectively punish the use, procuring or offering of a child under 18 years of age for prostitution. It would be grateful if the Government would provide a copy of the most recent version of the Penal Code.

2. Child pornography. The Committee notes that section 2(2) of Order No. 003749 of 6 June 2003 prohibits the production of pornographic performances. It also notes that certain provisions of the Penal Code (in particular sections 256 and 257) and of the Code of Penal Procedure (sections 593 and 604) address the protection of children whose morals are at risk. The Committee requests the Government to specify the penal provisions prohibiting and penalizing the use, procuring or offering a child under 18 years of age for the production of pornographic materials or pornographic performances.

Clause (c). The use, procuring or offering of a child for illicit activities. The Committee notes that under the terms of section 2(2) of Order No. 003749 of 6 June 2003, the production, transport, sale or consumption of drugs constitutes one of the worst forms of child labour. It also notes that section 94 of Act No. 97-18 of 1 December 1997 issuing the Drug Code appears to prohibit only the exercise of these activities and not the use of children for these illicit activities. The Committee recalls that Article 3(c) of the Convention provides that the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs, is one of the worst forms of child labour. The Committee therefore requests the Government to indicate whether the use of children for illicit activities is prohibited and, if so, to specify the applicable legislation and sanctions.

Articles 3 (d) and 4. Hazardous work. The Committee notes that Order No. 003749 of 6 June 2003 on the worst forms of child labour fixes the type of work prohibited for children under 18 years of age. The Committee requests the Government to indicate whether consultations were held with workers’ and employers’ organizations concerning the list of hazardous types of work.

Article 4, paragraph 2. Determination of hazardous work. The Committee notes that the Government’s report provides no information on the measures taken to determine where the types of work exist which, by their nature or the circumstances in which they are carried out, are likely to harm the health, safety or morals of young persons. The Committee recalls that Article 4, paragraph 2, of the Convention provides that the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the hazardous types of work so determined exist. The Committee therefore requests the Government to indicate the measures adopted or envisaged, after consultation with the organizations of employers and workers concerned, to specify where the types of work so determined exist.

Paragraph 3. The periodical examination and revision of the list of the hazardous work. The Committee notes that the Government’s report does not provide any information on the periodical examination and revision as necessary, in consultation with the organizations of employers and workers concerned, of the list of the types of work determined in accordance with paragraph 1. The Committee also notes that the lists of types of work set forth in the Orders of 6 June 2003 establishing, on the one hand, the nature of the hazardous types of work prohibited for children and young persons and, on the other hand, the categories of enterprises and types of work prohibited for children and young persons, are the same as those set forth in Order No. 3724 of 1953. The Committee requests the Government to indicate whether the national legislation provides for the periodical examination and revision as necessary, in consultation with the organizations of employers and workers concerned, of the list of the types of work determined in accordance with Article 4, paragraph 1, and, if so, to provide a copy of the text.

Article 5. Mechanisms to monitor the implementation of the provisions giving effect to this Convention. The Committee notes the information provided by the Government in its report indicating that the labour administration services are responsible for monitoring the implementation of the provisions of the Convention. The Committee notes that section L.197 of the Labour Code determines the powers of labour inspectors. It also notes that the final sections of each of the four Orders of 6 June 2003 (the Order respecting child labour, the Order determining and prohibiting the worst forms of child labour, the Order on the nature of the types of hazardous work prohibited for children and young persons, and the Order determining the categories of enterprises and types of work prohibited for children and young persons) provide that the labour and social security inspectors are responsible for enforcing the Orders. The Committee requests the Government to provide information on the mechanisms established or envisaged for the implementation of the Convention by labour and social security inspectors in cases where the national measures relate to the application of penal measures (prostitution, pornography, illicit activities, … ) rather than the application of the provisions of the Labour Code.

Article 6. The Committee notes with interest that Senegal, in collaboration with IPEC, is implementing various programmes (six programmes are currently being implemented) in the framework of the second phase of the national programme of action to eliminate child labour and urgently increase their protection against the worst forms of child labour. The Committee also notes that the country receives financial assistance to carry out SIMPOC surveys. The Committee requests the Government to provide information on the implementation of these programmes of action and their results.

Article 7, paragraph 1. 1. Measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention. The Committee notes the Government’s statement in its report that various measures have been adopted to ensure the prohibition and elimination of the worst forms of child labour: information and awareness-raising campaigns directed to all the actors involved in the field of child labour (management, employers’ and workers’ organizations, NGOs, the media, artists, parliamentarians, youth associations); support for studies or investigations on child labour; the formulation of legal texts respecting child labour; and the strengthening of penalties for persons guilty of acts of sexual abuse involving children. The Committee requests the Government to keep it informed of the projects being implemented and their results.

2. Sanctions. The Committee notes that the Orders of 6 June 2003 all contain a provision providing that the persons who violate the provisions of these Orders shall be liable to the sanctions envisaged under the current laws and regulations. It notes that the Penal Code and the Code of Penal Procedure punish the sexual exploitation of children (prostitution, pornography) and sexual abuse of children. Accordingly, any person who encourages the participation of young persons, even as spectators, in sexual acts involving adults shall be punished by fines of between CFA100,000 and CFA150,000 francs and a one- to five-year prison term; a heavier sanction is imposed where the child concerned is under 13 years of age. It also notes that section L.279(a) of the Labour Code imposes a fine of between CFA500,000 and CFA1,000,000 francs and a three-month to one-year prison term, or either of these penalties, for persons infringing the provisions prohibiting forced or compulsory labour. The Committee also notes that the various provisions of section L.279 of the Labour Code may constitute enforcement measures for the implementation of the provisions of the Convention. The sanctions envisaged for violations of the prohibition of forced or compulsory labour may also be imposed: on any person who, using violence, threats, deception, promises or fraud, forces or attempts to force, a worker to engage in work against her or his will (section L.279(c)); on any person who, by using a false contract or work book containing inaccurate information, gains employment or wilfully takes the place of another worker (section L.279(d)); on employers who knowingly include in a worker’s work book, the employer’s register or any other document, false statements on the length and conditions of the work performed by the worker, or on any worker who knowingly uses such statements (section L.279(e)). The Committee requests the Government to provide information on the sanctions imposed in practice and a copy of the Penal Code and the Code of Penal Procedure.

Paragraph 2. Effective and time-bound measures. Clause (a). Measures taken to prevent the engagement of children in the worst forms of child labour. The Committee notes the establishment of a programme to prevent the employment of young children and to support children’s associations in seven regions of Senegal (1 July 2002-1 December 2003), and the existence of a programme to improve the working conditions of children in Senegal (15 August 2002-5 November 2003). The Committee requests the Government to provide information on the results achieved by these programmes.

Clause (b). Assistance for the removal of children from the worst forms of child labour. The Committee notes the establishment of a programme to support the social reintegration of children recyclers working in the Mbeubeuss public waste dump (15 June 2002-5 November 2003) and a project to support the social and family reintegration of street children in Dakar and Mbour (15 July 2002-15 October 2003). The Committee requests the Government to continue keeping it informed of the measures taken to remove children from the worst forms of child labour and the results achieved.

Clause (c). Access to free basic education. The Committee notes that article 22 of the Constitution provides that all children shall have the right of access to school, but that schooling is not compulsory and free. The Committee also notes that one of the recommendations of the seminar held on 15-22 March 2003 on the preparation of a time-bound programme in Senegal is to promote free universal basic schooling for children under 15 years of age, in particular for girls and the most vulnerable children. The Committee requests the Government to keep it informed of the progress made in this respect.

Clause (d). Children at special risk. The Committee notes that the 1999 report of the Ministry of Labour and Employment entitled "Child Labour in Senegal" refers to the methodological survey carried out in 1993 by the Department for Forecasting and Statistics in collaboration with IPEC and UNICEF, according to which 78 per cent of child workers from 9 to 15 years of age usually work as family helpers, principally in agriculture. The Committee also notes that the Government decided, when ratifying Convention No. 138, to exclude from the scope of the Convention "non-remunerated traditional types of farm or rural work in the family context by children under 15 years of age, which are intended to improve their integration into their social environment and context". It also notes that the report of the mission for the preparation of a time-bound programme in Senegal (15-22 March 2003) identified priority areas of intervention: agriculture, animal husbandry, fishing and the exploitation of children for begging (working conditions, psycho-social problems, problems of an institutional nature, socio-cultural and socio-economic problems). The Committee requests the Government to provide information on the general situation of employment or work as family helpers in agriculture, and particularly whether those involved are at risk of being engaged in one of the worst forms of child labour.

Clause (e). The special situation of girls. The Committee notes the existence of a project to support school attendance by girls in the areas which are the greatest users of child labour in domestic service in Senegal (15 May 2002-15 November 2003) and the project to prevent child labour by girls in rural areas, support basic education and protect girls in domestic work (15 July 2002-15 November 2003). It also notes that one of the recommendations of the seminar held on 15-22 March 2003 on the time-bound programme was to improve the skills of families in the regions providing girls for domestic work. The Committee requests the Government to provide information on the impact of these projects in eliminating the worst forms of child labour by girls.

Paragraph 3. Noting the absence of information in the Government’s report, the Committee requests it to specify the competent authority or authorities responsible for the implementation of the provisions giving effect to this Convention and to indicate the methods for their enforcement.

Article 8. Enhanced international cooperation and/or assistance. The Committee notes that the Government’s report provides no information on the subject. It notes, however, that Senegal has been a member of Interpol since 1961, which helps to facilitate cooperation between the countries in the region, particularly through the exchange of information to combat child labour more effectively. It also notes that the ratification of the African Charter on Human and People’s Rights facilitates cooperation between Senegal and its neighbouring States. The African Commission on Human and People’s Rights made recommendations and adopted resolutions on the measures to be adopted in the various countries for the period 1988-2002. The Committee requests the Government to provide information on any agreements concluded between Senegal and its neighbouring countries, particularly to eliminate child trafficking.

Part IV of the report form. Application of the Convention in practice. The Committee notes with interest that Senegal has benefited from an IPEC national programme since 1998. The first phase of this programme (1998-2001) helped to improve the understanding of child labour and the risks inherent in it, and to establish programmes and policies to protect children against exploitation and perpetuation of child labour. The Government indicated in its report in 2002 that half of the budget was allocated to the implementation of 25 programmes of action, including: the training of labour inspectors in the approach to be adopted for supervising child labour provisions and to improve their knowledge of the legal and technical provisions respecting children; the formulation of draft texts to improve the situation of child workers and prevent child labour; financial support for parents of child workers to provide alternatives so they may be withdrawn from hazardous workplaces; the establishment of an inter-union committee to combat child labour; the creation of a child labour database; the creation of a network of anti-child labour activists; and the launching of the Red Card to Child Labour campaign in the context of the African Cup of Nations. The second phase (1 January 2002-31 December 2003) is currently under way and is designed to be a transitional phase towards the implementation of a time-bound programme which should start in 2004. The objective of this four-year programme should be the elimination of the worst forms of child labour in the exploitation of children in begging, girls working in domestic work and hazardous types of child labour in agriculture, fishing and animal husbandry. In its second report the Government indicates that, in the framework of the implementation of this time-bound programme actions will be taken to:

-  ensure universal schooling at the elementary level in the most underprivileged areas;

-  develop vocational training programmes for children from the most underprivileged areas;

-  improve the standard of living and instruction of the most destitute population groups;

-  improve the effectiveness of services responsible for punishing child labour offences;

-  create appropriate structures and ensure the training of specialized personnel for the rehabilitation of child victims of exploitation in the worst forms of child labour; and

-  identify appropriate indicators to evaluate the progress made in implementing the programme.

The Committee requests the Government to pursue its efforts and to keep it informed of any progress made in eliminating the worst forms of child labour.

Part V of the report form. The Committee notes that Senegal receives financial assistance to carry out SIMPOC surveys but that, in view of an institutional problem at the level of the statistical institute and the fact that the preparation of a time-bound programme requires reliable qualitative and quantitative statistical data, it is proposed instead to conduct basic surveys in the priority sectors of the time-bound programme. The Committee notes the Government’s indication in its report that studies have been carried out by national consultants on, among others, the following subjects: (a) a study of the worst forms of child labour in the artisanal maritime fishing sector in Senegal; (b) the exploitation of children in begging in Senegal; (c) a study on the risks for children working in agriculture and animal husbandry; and (d) child labour in gold washing, quarries and salt production. The Committee encourages the Government to pursue its efforts and requests it to provide a copy of the above studies, copies or extracts of the reports of the inspection services and any other relevant information, including statistics on the nature, extent and trends in the worst forms of child labour and on the number and nature of violations reported and the penal sanctions imposed.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s first and second reports. The Committee also notes the communication by the International Confederation of Free Trade Unions (ICFTU) dated 23 September 2003 containing comments on the application of the Convention. A copy of this communication was sent to the Government on 20 October 2003 for it to make any comments it deems appropriate on the issues raised. The Committee requests the Government to provide information on the following points.

Article 1 of the Convention. Measures intended to secure the prohibition and elimination of the worst forms of child labour. The Committee notes with interest that the Government is currently conducting six programmes of action in collaboration with IPEC. It also notes that, in the framework of the second phase of the national programme of action to eliminate child labour and to urgently increase their protection against the worst forms of child labour, the Government signed a second Memorandum of Understanding with ILO/IPEC in January 2003 for a three-year period. It also notes that a four-year project will start in 2004; the objective of this project is the elimination of the worst forms of child labour for children exploited in begging, girls working in domestic work and hazardous types of child labour in agriculture, fishing and animal husbandry. The Committee requests the Government to keep it informed of the projects being carried out and their results.

Article 3. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. The sale and trafficking of children. The Committee notes that under the terms of section 2(1) of Order No. 003749 of 6 June 2003 determining and prohibiting the worst forms of child labour, begging carried out by children for a third party constitutes one of the worst forms of child labour, as well as bonded labour for a third party. Senegal has ratified the 1949 Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others and has also signed the Additional Protocol to the United Nations Convention against Transnational Organized Crime to prevent, suppress and punish trafficking in persons, especially women and children. It has also signed the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography. The Committee notes, however, that the trafficking and sale of children do not appear to be prohibited by the national legislation. The Committee therefore requests the Government to provide information on the measures adopted or envisaged to prohibit the trafficking and sale of children.

2. Forced or compulsory recruitment of children for use in armed conflict. The Committee notes that Order No. 003749 of 6 June 2003 determining and prohibiting the worst forms of child labour does not explicitly refer to the recruitment of children in the armed forces. It also notes the Government’s statement in 1994 to the Committee on the Rights of the Child that its legislation is based on both voluntary and compulsory service. The Government also indicated that recruitment takes place between 18 and 21 years of age. Recalling that under the terms of Article 3(a) of the Convention, the forced or compulsory recruitment of children for use in armed conflict constitutes one of the worst forms of child labour, the Committee requests the Government to specify the minimum age at which a person may be called up for compulsory military service and to provide a copy of the texts establishing the conditions for the recruitment of soldiers.

Clause (b). 1. The use, procuring or offering of a child for prostitution. The Committee notes that section 2(2) of Order No. 003749 of 6 June 2003 provides that child prostitution constitutes one of the worst forms of child labour and that as such it is prohibited for persons under 18 years of age. It also notes that child prostitution appears to be prohibited under section 327bis of the Penal Code. The Committee requests the Government to specify the age up to which a person is considered to be a minor under penal law and the penal provisions applicable to child prostitution and whether they prohibit and effectively punish the use, procuring or offering of a child under 18 years of age for prostitution. It would be grateful if the Government would provide a copy of the most recent version of the Penal Code.

2. Child pornography. The Committee notes that section 2(2) of Order No. 003749 of 6 June 2003 prohibits the production of pornographic performances. It also notes that certain provisions of the Penal Code (in particular sections 256 and 257) and of the Code of Penal Procedure (sections 593 and 604) address the protection of children whose morals are at risk. The Committee requests the Government to specify the penal provisions prohibiting and penalizing the use, procuring or offering a child under 18 years of age for the production of pornographic materials or pornographic performances.

Clause (c). The use, procuring or offering of a child for illicit activities. The Committee notes that under the terms of section 2(2) of Order No. 003749 of 6 June 2003, the production, transport, sale or consumption of drugs constitutes one of the worst forms of child labour. It also notes that section 94 of Act No. 97-18 of 1 December 1997 issuing the Drug Code appears to prohibit only the exercise of these activities and not the use of children for these illicit activities. The Committee recalls that Article 3(c) of the Convention provides that the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs, is one of the worst forms of child labour. The Committee therefore requests the Government to indicate whether the use of children for illicit activities is prohibited and, if so, to specify the applicable legislation and sanctions.

Clause (d) and Article 4. Hazardous work. The Committee notes that Order No. 003749 of 6 June 2003 on the worst forms of child labour fixes the type of work prohibited for children under 18 years of age. The Committee requests the Government to indicate whether consultations were held with workers’ and employers’ organizations concerning the list of hazardous types of work.

Article 4, paragraph 2. Determination of hazardous work. The Committee notes that the Government’s report provides no information on the measures taken to determine where the types of work exist which, by their nature or the circumstances in which they are carried out, are likely to harm the health, safety or morals of young persons. The Committee recalls that Article 4, paragraph 2, of the Convention provides that the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the hazardous types of work so determined exist. The Committee therefore requests the Government to indicate the measures adopted or envisaged, after consultation with the organizations of employers and workers concerned, to specify where the types of work so determined exist.

Paragraph 3. The periodical examination and revision of the list of the hazardous work. The Committee notes that the Government’s report does not provide any information on the periodical examination and revision as necessary, in consultation with the organizations of employers and workers concerned, of the list of the types of work determined in accordance with paragraph 1. The Committee also notes that the lists of types of work set forth in the Orders of 6 June 2003 establishing, on the one hand, the nature of the hazardous types of work prohibited for children and young persons and, on the other hand, the categories of enterprises and types of work prohibited for children and young persons, are the same as those set forth in Order No. 3724 of 1953. The Committee requests the Government to indicate whether the national legislation provides for the periodical examination and revision as necessary, in consultation with the organizations of employers and workers concerned, of the list of the types of work determined in accordance with Article 4, paragraph 1, and, if so, to provide a copy of the text.

Article 5. Mechanisms to monitor the implementation of the provisions giving effect to this Convention. The Committee notes the information provided by the Government in its report indicating that the labour administration services are responsible for monitoring the implementation of the provisions of the Convention. The Committee notes that section L.197 of the Labour Code determines the powers of labour inspectors. It also notes that the final sections of each of the four Orders of 6 June 2003 (the Order respecting child labour, the Order determining and prohibiting the worst forms of child labour, the Order on the nature of the types of hazardous work prohibited for children and young persons, and the Order determining the categories of enterprises and types of work prohibited for children and young persons) provide that the labour and social security inspectors are responsible for enforcing the Orders. The Committee requests the Government to provide information on the mechanisms established or envisaged for the implementation of the Convention by labour and social security inspectors in cases where the national measures relate to the application of penal measures (prostitution, pornography, illicit activities, … ) rather than the application of the provisions of the Labour Code.

Article 6. The Committee notes with interest that Senegal, in collaboration with IPEC, is implementing various programmes (six programmes are currently being implemented) in the framework of the second phase of the national programme of action to eliminate child labour and urgently increase their protection against the worst forms of child labour. The Committee also notes that the country receives financial assistance to carry out SIMPOC surveys. The Committee requests the Government to provide information on the implementation of these programmes of action and their results.

Article 7, paragraph 1. 1. Measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention. The Committee notes the Government’s statement in its report that various measures have been adopted to ensure the prohibition and elimination of the worst forms of child labour: information and awareness-raising campaigns directed to all the actors involved in the field of child labour (management, employers’ and workers’ organizations, NGOs, the media, artists, parliamentarians, youth associations); support for studies or investigations on child labour; the formulation of legal texts respecting child labour; and the strengthening of penalties for persons guilty of acts of sexual abuse involving children. The Committee requests the Government to keep it informed of the projects being implemented and their results.

2. Sanctions. The Committee notes that the Orders of 6 June 2003 all contain a provision providing that the persons who violate the provisions of these Orders shall be liable to the sanctions envisaged under the current laws and regulations. It notes that the Penal Code and the Code of Penal Procedure punish the sexual exploitation of children (prostitution, pornography) and sexual abuse of children. Accordingly, any person who encourages the participation of young persons, even as spectators, in sexual acts involving adults shall be punished by fines of between CFA100,000 and CFA150,000 francs and a one- to five-year prison term; a heavier sanction is imposed where the child concerned is under 13 years of age. It also notes that section L.279(a) of the Labour Code imposes a fine of between CFA500,000 and CFA1,000,000 francs and a three-month to one-year prison term, or either of these penalties, for persons infringing the provisions prohibiting forced or compulsory labour. The Committee also notes that the various provisions of section L.279 of the Labour Code may constitute enforcement measures for the implementation of the provisions of the Convention. The sanctions envisaged for violations of the prohibition of forced or compulsory labour may also be imposed: on any person who, using violence, threats, deception, promises or fraud, forces or attempts to force, a worker to engage in work against her or his will (section L.279(c)); on any person who, by using a false contract or work book containing inaccurate information, gains employment or wilfully takes the place of another worker (section L.279(d)); on employers who knowingly include in a worker’s work book, the employer’s register or any other document, false statements on the length and conditions of the work performed by the worker, or on any worker who knowingly uses such statements (section L.279(e)). The Committee requests the Government to provide information on the sanctions imposed in practice and a copy of the Penal Code and the Code of Penal Procedure.

Paragraph 2. Effective and time-bound measures. Clause (a). Measures taken to prevent the engagement of children in the worst forms of child labour. The Committee notes the establishment of a programme to prevent the employment of young children and to support children’s associations in seven regions of Senegal (1 July 2002-1 December 2003), and the existence of a programme to improve the working conditions of children in Senegal (15 August 2002-5 November 2003). The Committee requests the Government to provide information on the results achieved by these programmes.

Clause (b). Assistance for the removal of children from the worst forms of child labour. The Committee notes the establishment of a programme to support the social reintegration of children recyclers working in the Mbeubeuss public waste dump (15 June 2002-5 November 2003) and a project to support the social and family reintegration of street children in Dakar and Mbour (15 July 2002-15 October 2003). The Committee requests the Government to continue keeping it informed of the measures taken to remove children from the worst forms of child labour and the results achieved.

Clause (c). Access to free basic education. The Committee notes that article 22 of the Constitution provides that all children shall have the right of access to school, but that schooling is not compulsory and free. The Committee also notes that one of the recommendations of the seminar held on 15-22 March 2003 on the preparation of a time-bound programme in Senegal is to promote free universal basic schooling for children under 15 years of age, in particular for girls and the most vulnerable children. The Committee requests the Government to keep it informed of the progress made in this respect.

Clause (d). Children at special risk. The Committee notes that the 1999 report of the Ministry of Labour and Employment entitled "Child Labour in Senegal" refers to the methodological survey carried out in 1993 by the Department for Forecasting and Statistics in collaboration with IPEC and UNICEF, according to which 78 per cent of child workers from 9 to 15 years of age usually work as family helpers, principally in agriculture. The Committee also notes that the Government decided, when ratifying Convention No. 138, to exclude from the scope of the Convention "non-remunerated traditional types of farm or rural work in the family context by children under 15 years of age, which are intended to improve their integration into their social environment and context". It also notes that the report of the mission for the preparation of a time-bound programme in Senegal (15-22 March 2003) identified priority areas of intervention: agriculture, animal husbandry, fishing and the exploitation of children for begging (working conditions, psycho-social problems, problems of an institutional nature, socio-cultural and socio-economic problems). The Committee requests the Government to provide information on the general situation of employment or work as family helpers in agriculture, and particularly whether those involved are at risk of being engaged in one of the worst forms of child labour.

Clause (e). The special situation of girls. The Committee notes the existence of a project to support school attendance by girls in the areas which are the greatest users of child labour in domestic service in Senegal (15 May 2002-15 November 2003) and the project to prevent child labour by girls in rural areas, support basic education and protect girls in domestic work (15 July 2002-15 November 2003). It also notes that one of the recommendations of the seminar held on 15-22 March 2003 on the time-bound programme was to improve the skills of families in the regions providing girls for domestic work. The Committee requests the Government to provide information on the impact of these projects in eliminating the worst forms of child labour by girls.

Paragraph 3. Noting the absence of information in the Government’s report, the Committee requests it to specify the competent authority or authorities responsible for the implementation of the provisions giving effect to this Convention and to indicate the methods for their enforcement.

Article 8. Enhanced international cooperation and/or assistance. The Committee notes that the Government’s report provides no information on the subject. It notes, however, that Senegal has been a member of Interpol since 1961, which helps to facilitate cooperation between the countries in the region, particularly through the exchange of information to combat child labour more effectively. It also notes that the ratification of the African Charter on Human and People’s Rights facilitates cooperation between Senegal and its neighbouring States. The African Commission on Human and People’s Rights made recommendations and adopted resolutions on the measures to be adopted in the various countries for the period 1988-2002. The Committee requests the Government to provide information on any agreements concluded between Senegal and its neighbouring countries, particularly to eliminate child trafficking.

Part IV of the report form. Application of the Convention in practice. The Committee notes with interest that Senegal has benefited from an IPEC national programme since 1998. The first phase of this programme (1998-2001) helped to improve the understanding of child labour and the risks inherent in it, and to establish programmes and policies to protect children against exploitation and perpetuation of child labour. The Government indicated in its report in 2002 that half of the budget was allocated to the implementation of 25 programmes of action, including: the training of labour inspectors in the approach to be adopted for supervising child labour provisions and to improve their knowledge of the legal and technical provisions respecting children; the formulation of draft texts to improve the situation of child workers and prevent child labour; financial support for parents of child workers to provide alternatives so they may be withdrawn from hazardous workplaces; the establishment of an inter-union committee to combat child labour; the creation of a child labour database; the creation of a network of anti-child labour activists; and the launching of the Red Card to Child Labour campaign in the context of the African Cup of Nations. The second phase (1 January 2002-31 December 2003) is currently under way and is designed to be a transitional phase towards the implementation of a time-bound programme which should start in 2004. The objective of this four-year programme should be the elimination of the worst forms of child labour in the exploitation of children in begging, girls working in domestic work and hazardous types of child labour in agriculture, fishing and animal husbandry. In its second report the Government indicates that, in the framework of the implementation of this time-bound programme actions will be taken to:

-  ensure universal schooling at the elementary level in the most underprivileged areas;

-  develop vocational training programmes for children from the most underprivileged areas;

-  improve the standard of living and instruction of the most destitute population groups;

-  improve the effectiveness of services responsible for punishing child labour offences;

-  create appropriate structures and ensure the training of specialized personnel for the rehabilitation of child victims of exploitation in the worst forms of child labour; and

-  identify appropriate indicators to evaluate the progress made in implementing the programme.

The Committee requests the Government to pursue its efforts and to keep it informed of any progress made in eliminating the worst forms of child labour.

Part V of the report form. The Committee notes that Senegal receives financial assistance to carry out SIMPOC surveys but that, in view of an institutional problem at the level of the statistical institute and the fact that the preparation of a time-bound programme requires reliable qualitative and quantitative statistical data, it is proposed instead to conduct basic surveys in the priority sectors of the time-bound programme. The Committee notes the Government’s indication in its report that studies have been carried out by national consultants on, among others, the following subjects: (a) a study of the worst forms of child labour in the artisanal maritime fishing sector in Senegal; (b) the exploitation of children in begging in Senegal; (c) a study on the risks for children working in agriculture and animal husbandry; and (d) child labour in gold washing, quarries and salt production. The Committee encourages the Government to pursue its efforts and requests it to provide a copy of the above studies, copies or extracts of the reports of the inspection services and any other relevant information, including statistics on the nature, extent and trends in the worst forms of child labour and on the number and nature of violations reported and the penal sanctions imposed.