Observación (CEACR) - Adopción: 2016, Publicación: 106ª reunión CIT (2017)

Convenio sobre las peores formas de trabajo infantil, 1999 (núm. 182) - Senegal (Ratificación : 2000)

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.