Demande directe (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Mali (Ratification: 2000)

Articles 3(a) and 6 of the Convention. All forms of slavery or practices similar to slavery and programmes of action to eliminate the worst forms of child labour. Sale and trafficking of children. In its previous comments, the Committee noted that, although the Government had taken several measures to combat the sale and trafficking of children for the exploitation of their labour, the trafficking of children still constituted a problem in practice, even though it was prohibited by section 244 of the Penal Code and section 63 of the Child Protection Code. The Committee also noted the adoption, in 2012, of Act No. 2012-023 on combating trafficking in persons and similar practices (Act No. 2012-023), which henceforth prescribes a penalty of imprisonment of five to ten years for persons involved in the sale and trafficking of persons, and the option of a ban on entry into the country for a period of one to ten years. If the crime is committed against a victim under 15 years of age or if the victim is exposed to hazardous or difficult work or to the worst forms of child labour, this penalty is increased to imprisonment for a period ranging from ten to 20 years and a ban on entry into the country for a period ranging from five to 20 years.

The Committee notes that the Government refers, in its report, to 20 cases of trafficking before the competent courts in 2016, and 40 in 2017, most of which are still pending. During these two years, four cases of trafficking led to convictions. The Committee also notes that a National Plan of Action to Combat Trafficking in Persons and Similar Practices has been established for the period 2015–17. It observes that, according to information from the United Nations Office on Drugs and Crime (UNODC), a new five-year plan for the period 2018–22 was adopted in June 2018 by the National Coordination Committee for Combating Trafficking in Persons and Similar Practices. Its four strategic focuses include: (i) the prevention of trafficking; (ii) the promotion of the enforcement and implementation of the law at all levels in the criminal justice system; (iii) protection and assistance for victims of trafficking; and (iv) the promotion of coordination and cooperation in combating trafficking in persons. Moreover, the Government has committed to creating an autonomous body to combat trafficking in persons. The Committee also notes that, according to the UNODC, a new law on combating trafficking in persons is being drafted, with a view to broadening the scope of application of the Act of 2012, particularly in relation to the protection of victims of trafficking and smuggling and the prosecution of the perpetrators of such crimes. The Committee requests the Government to continue its efforts to ensure, in practice, that thorough investigations and robust prosecutions of offenders are carried out, and that effective and sufficiently dissuasive penalties are imposed. It requests the Government to provide up-to-date information on the application of the provisions concerning the sale and trafficking of children for purposes of exploitation, particularly the provisions of Act No. 2012-023, by providing statistics on the convictions and penal sanctions handed down. It also requests the Government to provide information on the implementation of the National Plan of Action to Combat Trafficking in Persons and Similar Practices 2018–22 and on the results achieved.

Clause (b). Use, procuring or offering of a child for prostitution. The Committee previously noted that Act No. 2012-023 on combating trafficking in persons and similar practices defines the use, procuring or offering of a child for prostitution as a case of trafficking in persons and therefore punishes the offender with the same penalties as those provided for in cases of trafficking.

It notes that the Government does not refer to any prosecutions or convictions, on the basis of Act No. 2012-023, relating to the use, procuring or offering of a child under 18 years of age for prostitution. The Committee nevertheless observes that the Government referred, in its reply of March 2016 to the list of issues and questions in relation to the combined sixth and seventh periodic reports submitted under the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), to 1,472 child victims of commercial sexual exploitation (CEDAW/C/MLI/Q/6-7/Add.1, paragraph 11). It also notes that the United Nations Country Team deplored, in its contribution to the universal periodic review of Mali of 2017, the absence of a national programme to combat sexual exploitation, especially of children. The Committee urges the Government to take the necessary measures to ensure the effective implementation of the provisions of Act No. 2012-023 on the use, procuring or offering of a child under 18 years of age for prostitution, and to provide information in this regard, including statistics on the convictions and penal sanctions handed down.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee previously noted that neither Act No. 1986/18 on the punishment of offences involving poisonous substances and narcotics nor Act No. 01-081 prohibits the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Government indicated that, as part of the revision of texts implementing the Labour Code, which include Decree No. 96-178/P-RM of 13 June 1996 regulating the Labour Code, the principle of the ban on the use, procuring or offering of a child under 18 years of age for illicit activities will be incorporated into these texts.

The Committee notes that, in its report submitted under the Minimum Age Convention, 1973 (No. 138), the Government indicates that the revision of Decree No. 96-178/P-RM implementing certain provisions of the Labour Code is under way. The Committee once again reminds the Government that, under the terms of Article 1 of the Convention, immediate and effective measures must be taken to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee expresses the firm hope that the revision of Decree No. 96-178/P-RM will incorporate the ban on the use, procuring or offering of a child under 18 years of age for illicit activities, in particular for the production and trafficking of drugs. It requests the Government to provide information on the progress achieved in this regard.

Article 4(3). Revision of the list of hazardous types of work. The Committee notes that, according to the 2017 annual report of the National Task Force to Combat Child Labour (CNLTE) communicated by the Government under the Convention, the CNLTE began to revise the list of hazardous types of work prohibited for children under 18 years of age, following the recommendations arising from a safety and health risk assessment in agricultural, hydraulic and pastoral exploitations in Mali. The Committee notes with interest the adoption of Order No. 2017-4388/MTFP-SG of 29 December 2017 supplementing the list of hazardous types of work prohibited for children under 18 years of age.

Article 5. Monitoring mechanisms. Labour inspection. The Committee previously asked the Government to provide information on the violations detected by labour inspectors relating to the worst forms of child labour. It notes the Government’s indications that the CNLTE carries out at least two child labour inspections a year on traditional gold-panning sites or in areas of high agricultural production. The Government indicates that, according to the inspection reports, more than 1,000 children are engaged in child labour. Moreover, in its comment of 2014 made under the Labour Inspection Convention, 1947 (No. 81), the Committee notes the Government’s indication that a total of 51 labour and social security administrators and 49 supervisors are divided between the national labour directorate, the regional directorates and the CNLTE. The Committee once again urges the Government to provide extracts from labour inspection reports relating to the worst forms of child labour as soon as possible, including information on the child labour inspections carried out on gold-panning sites and in areas of high agricultural production.

Articles 5 and 7(2). Monitoring mechanisms and effective and time bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and their removal from these worst forms. System for the observation and monitoring of child labour in Mali (SOSTEM) and the CNLTE. The Committee previously noted that SOSTEM was established to help the Government and the social partners achieve a better understanding of the phenomenon of child labour and its worst forms. It is controlled by the CNLTE, which is responsible for collecting information on child labour, assessing the working conditions of children, establishing and updating a database on child labour, reinforcing the capacities of the various actors and disseminating an annual national report on child labour. The Committee also noted that, under the National Plan of Action for the Elimination of Child Labour in Mali (PANETEM), the CNLTE had managed to prevent the engagement of or remove 4,265 children (2,620 girls and 1,645 boys) from the worst forms of child labour in the Sikasso region, mainly in agriculture, traditional gold panning and domestic work, by providing them with educational services and vocational training, and returning them to their families.

The Committee notes that, according to the 2017 annual report of the CNLTE, few activities were organized by the CNLTE due to, inter alia, a lack of financial resources and the conclusion of ILO–IPEC projects. The activities carried out focused primarily on workshops to raise awareness and disseminate information on combating child labour. The Committee also notes that, as a result of the activities carried out by the CNLTE with non-governmental organizations (NGOs) and other partners combating child labour, 1,731 children, including 913 girls, were removed from child labour and rehabilitated or prevented from engaging in child labour in 2017. The Committee requests the Government to continue providing information on the activities carried out by the CNLTE for the benefit of children engaged in the worst forms of child labour and on the results achieved. In particular, it requests the Government to provide information on the measures taken under PANETEM to provide the necessary and appropriate direct assistance to prevent the engagement of children in the worst forms of child labour and for the removal of children from the worst forms of child labour and for their rehabilitation and social integration.

Article 7(2). Clauses (a) and (b). Sale and trafficking of children. In its previous comments, the Committee noted that there was no institutional facility in Mali to shelter, offer guidance to or to assist young women who were victims of trafficking or sexual exploitation. In this respect, the Committee noted the Government’s indication that the fourth strategic focus of PANETEM envisaged a series of interventions to prevent the trafficking of children and remove children from trafficking, more specifically by removing and rehabilitating child victims of trafficking and returning them to their families.

The Committee notes the Government’s indications that its lack of financial resources hinders the effective implementation of PANETEM. It also notes that one of the strategic focuses of the National Plan of Action to Combat Trafficking in Persons and Similar Practices 2018–22 refers to protection and assistance for victims of trafficking. The Committee observes, however, that, in its concluding observations of July 2016, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expresses concern at the absence of an effective mechanism of protection from the sale and trafficking of children (CEDAW/C/MLI/CO/6-7, paragraph 25). The Committee urges the Government to take immediate measures, particularly in the framework of PANETEM and the National Plan of Action to Combat Trafficking in Persons and Similar Practices, to prevent children under 18 years of age from becoming victims of sale or trafficking and to remove child victims from this worst form of labour.

Clause (d). Identifying and reaching out to children at special risk. 1. HIV/AIDS orphans and vulnerable children (OVCs). The Committee previously noted with deep concern an increase in the number of HIV/AIDS OVCs, which rose from 63,126 to 79,000 between 2010 and 2013, according to UNAIDS estimates. It noted the Government’s indication that the implementation of PANETEM would be the ideal framework for developing specific interventions in this area. The Committee notes the absence of information provided by the Government in this regard. It observes that, according to UNAIDS estimates for 2017, there are 69,000 HIV/AIDS OVCs. The Committee notes that, according to the documents communicated by the Government under Convention No. 138, a National Policy to Promote and Protect Children (PNPPE) was developed in 2014. It is accompanied by a plan of action for the period 2015–19, which has several focuses for intervention, including strengthening protection and care for OVCs (page 28). Recalling that OVCs are at a greater risk of being engaged in the worst forms of child labour, the Committee once again urges the Government to adopt effective measures without delay, particularly in the framework of PANETEM and the PNPPE, to ensure that these children are protected from the worst forms of child labour.

2. Street children. In its previous comments, the Committee noted that, in its concluding observations of May 2007, the United Nations Committee on the Rights of the Child (CRC) expressed concern at the vulnerability of street children to, inter alia, all forms of exploitation. The Committee observes that, in his report of 2 February 2018, the Independent Expert on the situation of human rights in Mali expresses great concern about children in street situations, a phenomenon which has been steadily growing in the country. The expert noted inadequate infrastructure, such as reception and counselling centres and vocational training centres, as well as inadequate training and specialization of actors responsible for child protection (A/HRC/37/78, paragraph 57). Recalling that children in street situations are at an increased risk of being engaged in the worst forms of child labour, the Committee requests the Government to take the necessary measures to protect these children from the worst forms of child labour and to ensure their rehabilitation and social integration. It requests the Government to provide information on the measures adopted in this regard and on the results achieved.

Article 8. Regional cooperation. Sale and trafficking of children. The Committee previously noted the implementation of an action plan of the Economic Community of West African States (ECOWAS) to combat trafficking in persons and the conclusion of bilateral and multilateral agreements between Mali and neighbouring countries. The introduction of various cooperation agreements enabled 249 foreign child victims of trafficking to be intercepted and repatriated between 2006 and 2010, and 74 child victims of trafficking to be intercepted, repatriated and rehabilitated in 2011.

The Committee notes the Government’s indications that it has been difficult to implement the bilateral and multilateral cooperation agreements to combat cross-border trafficking. The Committee notes that, according to the 2017 activity report of the CNLTE, the cooperation agreements to combat cross-border trafficking of children concluded with certain neighbouring countries are affected by a lack of follow-up. The Government indicates that a CNLTE study visit to Côte d’Ivoire has helped to revitalize trafficking-related agreements between the two countries. The Committee also observes that the UNODC has developed a regional strategy to combat trafficking in persons and the smuggling of migrants for the period 2015–20, the purpose of which is to assist the West and Central African States covered by the Regional Office, including Mali, to develop their capacities to combat trafficking in persons. Considering the extent of cross-border trafficking in the country, the Committee requests the Government to intensify its efforts to implement its multilateral and bilateral cooperation agreements. It requests the Government to continue to provide information on the results achieved in this regard.

Poverty reduction. The Committee previously noted that one of the specific objectives of PANETEM is to improve the incomes of the parents of children who are victims of, or in danger of becoming engaged in, the worst forms of child labour, by promoting income-generating activities for 816,910 households. Moreover, the Committee noted that a draft Decent Work Country Programme (DWCP) for the years 2011–14 had been prepared in collaboration with the ILO, the objectives of which were to promote decent work for young persons through strong and lasting growth, to reinforce and extend social protection for all and to contribute to the progressive achievement of decent work through dynamic social dialogue. The Committee asked the Government to take the necessary steps to ensure that the DWCP was adopted as soon as possible.

The Committee notes with interest the signing by Mali of the DWCP for the period 2016–18, thus providing a formal framework for cooperation with the ILO for the implementation of national sustainable development projects. It notes the Government’s indications that the effective implementation of PANETEM will include initiating income-generating activities for more than 1 million households. The Committee also notes that a Growth and Poverty Reduction Strategic Framework (GPRSF) has been developed for the period 2012–17, as follow-up to the GPRSF 2007–11. Considering that poverty reduction programmes help to break the cycle of poverty, the Committee strongly encourages the Government to continue its efforts to reduce poverty, especially in the framework of PANETEM, the DWCP and the GPRSF, with a view to the elimination of the worst forms of child labour. It requests the Government to provide information in this regard.