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

Worst Forms of Child Labour Convention, 1999 (No. 182) - Somalia (Ratification: 2014)

The Committee notes with deep concern that the Government’s first report, due since 2016, has not been received. In light of its urgent appeal launched to the Government in 2018, the Committee will proceed with the examination of the application of the Convention on the basis of the information at its disposal. The Committee firmly hopes that the Government will respond to its comments below.

Article 3(a) of the Convention. All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee notes that article 14 of the Provisional Constitution of 2012 states that a person may not be subjected to trafficking or forced labour for any purpose. The Committee requests the Government to indicate the provisions in its national legislation which prohibit the sale and trafficking of children and which establish penalties for violations thereof.

Clause (b). Use, procuring or offering of a child for prostitution, the production of pornography or pornographic performances. The Committee notes that section 407 of the Penal Code of 1962 prohibits the instigation, aiding and exploitation of prostitution, accompanied by penalties of imprisonment and fines. This section provides for increased penalties when the act is committed against a person who is incapable of giving consent or against a person entrusted to the offender for care, education, instruction, supervision or custody. The Committee requests the Government to provide information on the application in practice of section 407 of the Penal Code regarding the use, procuring or offering of a child under 18 years of age for prostitution, including the number of investigations, convictions and penalties imposed. It also requests the Government to provide information on the measures taken to secure the prohibition and elimination of the use, procuring and offering of a child for the production of pornography or pornographic performances, including any relevant legislation.

Articles 3(d) and 4. Determination of hazardous types of work. The Committee requests the Government to indicate the provisions in its national legislation which prohibit and determine the types of hazardous work for children under 18 years of age.

Article 5. Monitoring mechanisms. The Committee requests the Government to indicate the mechanisms established or designated to monitor the implementation of the provisions giving effect to the Convention, and to provide information on their functioning.

Article 6. Programmes of action. The Committee takes note of the observations of the Federation of Somali Trade Unions (FESTU), received on 28 August 2015, which state that there are no programmes to prevent and address the worst forms of child labour. The Committee requests the Government to indicate if it has developed any programme of action to eliminate the worst forms of child labour.

Article 7(2). Effective and time-bound measures. Clause (d). Identifying and reaching out to children at special risk. 1. Refugees and internally displaced children. The Government indicates in its report to the Committee on the Rights of the Child (CRC) of October 2019 that it established the Somalia National Commission for Refugees and internally displaced persons (IDPs) (NCRI) (CRC/C/SOM/1, paragraph 296), to address the needs of refugees and IDPs. The Committee requests the Government to provide information on the measures taken to ensure that refugee and internally displaced children are protected from the worst forms of child labour, including within the framework of the NCRI.

2. HIV/AIDS orphans and vulnerable children (OVCs). The Committee requests the Government to indicate the measures taken to ensure that children orphaned by HIV/AIDS and OVCs are prevented from being engaged in the worst forms of child labour.

Application of the Convention in practice. The Committee notes that the observations of the FESTU, received on 1 September 2018, state that the Government has not taken any meaningful measures to implement the Convention. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in Somalia and to provide information on the worst forms of child labour, including their nature, extent and trends. It also requests the Government to provide a copy of all relevant legislation regarding the prohibition of the worst forms of child labour as well as information on the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.