Observation (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Côte d'Ivoire (Ratification: 2003)

Article 3 of the Convention. Worst forms of child labour. Further to its previous comments, the Committee notes with satisfaction the adoption of Act No. 2010-272 of 30 September 2010 prohibiting the trafficking and worst forms of child labour. It notes that section 4 of the Act prohibits the worst forms of child labour, which are defined in conformity with this provision of the Convention. The Committee requests the Government to provide information on the application in practice of Act No. 2010-272 of 30 September 2010, including statistics on the number and nature of the violations reported, investigations, prosecutions, convictions and penal sanctions applied.

Clause (a). Sale and trafficking of children. The Committee previously noted that sections 370 and 371 of the Penal Code criminalize the abduction of minors. However, it noted that, according to a study carried out by ILO/IPEC/LUTRENA in 2005 entitled “The trafficking of children for the exploitation of their work in the informal sector in Abidjan, Côte d’Ivoire”, these provisions are inadequate to combat the trafficking of children for economic exploitation as they only cover cases of the abduction of minors, whereas the internal or cross-border trafficking of children in Côte d’Ivoire is based on traditional networks for the placement of children and therefore occurs with the consent of the children’s parents or guardians.

In this respect, the Committee notes that sections 21 and 22 of Act No. 2010‑272 of 30 September 2010 establishes penalties ranging from 10 to 20 years of imprisonment. It also observes that, in accordance with sections 2 and 3, the Act applies to all children under 18 years of age residing or staying on the territory of Côte d’Ivoire.

The Committee notes that, according to the “Trafficking in persons report 2010 – Côte d’Ivoire”, published on the website of the United Nations High Commissioner for Refugees (www.unhcr.org), Côte d’Ivoire is primarily a country of destination for children and women subjected to trafficking in persons. Trafficking within the country’s borders is more prevalent, with victims primarily trafficked from the north of the country to the more economically prosperous south. The great majority of boys who are victims of trafficking are from Ghana, Mali, Burkina Faso, Benin and Togo and are exploited in the agricultural sector, particularly in cocoa plantations. Girls from Ghana and Nigeria are also exploited as domestic workers and for prostitution. While taking due note of the new legislative provisions which prohibit and penalize the sale and trafficking of children, the Committee observes that this worst form of labour is a problem in practice. Recalling that under the terms of Article 3(a) of the Convention, the sale and trafficking of children under 18 years of age for economic or sexual exploitation is one of the worst forms of child labour and that, under the terms of Article 1, immediate and effective measures shall be taken as a matter of urgency to secure the prohibition and elimination of this worst form of child labour, the Committee requests the Government to take the necessary measures to ensure in practice the protection of children under 18 years of age against sale and trafficking, in accordance with Act No. 2010-272 of 30 September 2010.

Articles 3(d) and 4(1). Hazardous work. Gold mines. In its previous comments, the Committee noted that child labour in mines is one of the 20 types of hazardous work covered by section 1 of Order No. 2250 of 14 March 2005 and is prohibited for children under 18 years of age. It observed that, although the legislation is in conformity with the Convention on this point, child labour in mines is a problem in practice.

The Committee notes the Government’s indication that many multinational enterprises are entering this sector and are provided with a list of conditions drawn up by the Ministry responsible for mining and energy, which prohibits the use of child workers. According to the Government, these companies do not employ children. However, the Government’s report indicates that the exploitation of child labour has been reported on mining sites under concession to private persons. It also notes that the Government and its development partners undertook awareness-raising campaigns while awaiting the application of Act No. 2010-272 of 30 September 2010. In this respect, the Committee observes that, under section 19 of this Act, persons who supervise or are in charge of a child and who cause the child to, or knowingly allow, the child to perform hazardous work may be liable to a penalty of up to five years of imprisonment. The Committee therefore requests the Government to take immediate and effective measures to bring an end to the practice of child labour in mines, in accordance with the prohibition set out in law.

Articles 5 and 7(1) of the Convention. Monitoring mechanisms and penalties. In its previous comments, the Committee noted that 14 persons had been arrested and imprisoned in 2008 for child trafficking and it requested the Government to provide the court decisions in their cases.

The Committee notes the Government’s indication that the 14 persons arrested and imprisoned in 2008 for the trafficking of children have not yet been convicted. It also notes the Government’s indication that the Sub-directorate to Combat the Trafficking of Children and Juvenile Delinquents of the national police organized several training workshops and seminars between 2006 and 2009 to strengthen the technical capacities of the officers and agents of the defence and security forces in relation to combating the trafficking and worst forms of child labour. According to the Government’s report, the major objective of these measures is to enable them to be more effective in the identification of child victims of trafficking and the worst forms of labour. The Committee accordingly notes that, between June 2006 and June 2009, the national police services identified and intercepted 321 child victims of trafficking, including 124 cases of trans-border trafficking.

However, the Committee notes that, according to the report on the trafficking of persons referred to above, the police in Côte d’Ivoire demonstrate a weak understanding of the trafficking of children. During raids on brothels, the police tend to consider children working there in voluntary prostitution rather than as potential victims of trafficking. Furthermore, no training to reinforce the capacities of the agents and law enforcement officers and immigration for the identification and treatment of victims of trafficking was provided during the period covered by the report. The report also indicates that only one person was convicted of the trafficking of children, namely a Nigerian woman who was convicted in May 2009 to a sentence of three years of imprisonment by the court of Daloa for exploiting two young girls for the purposes of prostitution. The report adds that on two occasions, in February and June 2009, child traffickers intercepted by the police managed to escape, thereby evading conviction. The Committee therefore urges the Government to redouble its efforts to ensure that persons engaging in the sale and trafficking of children under 18 years of age are prosecuted and that sufficiently effective and dissuasive penalties are applied, under the terms of Act No. 2010-272 of 30 September 2010. In this respect, the Committee requests the Government to take the necessary measures to ensure that thorough investigations and robust prosecutions of offenders are carried out, particularly by strengthening the capacities of the authorities responsible for the enforcement of the law. It requests the Government to provide any court rulings given against the traffickers imprisoned in 2008, as well as the ruling of May 2009 of the court of Daloa.

Article 6(1). Programmes of action to eliminate the worst forms of child labour. National Plan of Action to combat the trafficking and worst forms of child labour. The Committee notes the information provided by the Government in its report under the Minimum Age Convention, 1973 (No. 138), according to which a National Plan of Action (2007–09) to combat the trafficking and worst forms of child labour (National Plan of Action) was adopted in 2007. The objective of the National Plan of Action is reduce the incidence and, in due course, eradicate trafficking and other worst forms of child labour in Côte d’Ivoire. It is articulated around five strategic axes of intervention, aiming in particular to reinforce activities for the prevention and removal, reintegration and repatriation of child victims of trafficking and other worst forms of child labour, as well as the reinforcement of the human, material and structural capacities of the actors involved in the implementation of the Plan of Action. However, the Committee notes the Government’s indication that very few activities have been undertaken up to now that are directly related to the National Plan of Action due to the lack of financing. Furthermore, most of the action taken on the issue of child trafficking and child labour is focused on the cocoa sector, including the establishment of a system to monitor child labour in cocoa plantations (SSTE), covering several administrative departments of the production zone. Finally, the Committee observes that, according to the strategic document of the National Plan of Action, Phase I of the Plan, which was initially to have lasted for 18 months, has still not been implemented and the time frame for the envisaged activities has not been followed. The Committee urges the Government to take immediate and effective measures to ensure the implementation in practice of the National Plan of Action. It requests the Government to continue supplying information on its implementation, with an indication of the action taken and the results achieved, particularly with regard to the number of children working in the cocoa sector who are in practice removed from cocoa plantations, as well as the rehabilitation and social integration measures adopted for those children.

Article 7(2). Effective and time-bound measures. Clause (b). Removing children from the worst forms of child labour and ensuring their rehabilitation and social integration. Sale and trafficking of children. With reference to its previous comments, the Committee notes with interest the Government’s indication that, in the context of the implementation of the ILO/IPEC/LUTRENA project, the measures adopted have resulted in the removal and placement in school of 840 children aged between 5 and 17 years, of whom 44 were victims of trafficking, during the period covered by the report. Furthermore, around 200 persons who are active in combating the trafficking of children received training, including 30 members of volunteer host families on caring for and supporting child victims of trafficking. The LUTRENA project also provided support for the formulation of the National Plan of Action to combat trafficking and the worst forms of child labour. The Committee also notes the Government’s indication that 145 child victims of trafficking received support from the National Committee to Combat the Trafficking and Exploitation of Children (CNLTEE) in 2007, while the numbers were 46 in 2008 and 9 in 2009. While noting that the LUTRENA project was completed on 31 March 2010, the Committee strongly encourages the Government to continue taking immediate and effective measures for the removal of child victims of sale and trafficking, and requests it to continue providing information on the number of children who have in practice been removed from this worst form of child labour. The Committee also requests the Government to provide detailed information on the specific rehabilitation and social integration measures adopted to ensure the access of child victims of sale and trafficking to free basic education and vocational training.

Article 8. International cooperation. In its previous comments, the Committee noted that Côte d’Ivoire had signed the multilateral cooperation agreement of 27 July 2005 to combat the trafficking of children in West Africa, as well as the regional multilateral cooperation agreement to combat the trafficking of children in West and Central Africa in July 2006. The Committee previously requested additional information on the measures adopted for the implementation of these multilateral agreements.

The Committee notes the Government’s indication that the cooperation resulting from these agreements is only operational in the form of repatriation operations for child victims of trafficking. It also notes that this cooperation does not include the exchange of information intended to identify child trafficking networks and arrest the persons engaged in these networks. Furthermore, it notes from the 2010 report on trafficking that the Ministry of the Family, Women and Social Affairs undertook repatriation operations for 20 child victims of trafficking from Burkina Faso, Benin, Ghana and Togo during the period covered by the report. The Committee observes that a third follow-up meeting on the 2005 multilateral agreement was held in July 2008 in Niamey, Niger. In view of the prevalence of trans-border trafficking in the country, the Committee strongly encourages the Government to take concrete and effective measures for the implementation of the multinational agreements signed in 2005 and 2006, and particularly for the establishment of a system for the exchange of information to facilitate the identification of child trafficking networks and for the arrest of the persons engaged in those networks. It also requests the Government to provide information on the results of the third follow-up meeting held in Niamey in July 2008.

Part V of the report form. Application of the Convention in practice. The Committee previously noted that, according to a national survey of child labour conducted in 2005 in the country, it is estimated that 1.1 per cent of children between the ages of 5 and 17 years are victims of internal trafficking, while 10.4 per cent of child victims of trafficking are victims of trans-border trafficking, and that 52 per cent of them are from Burkina Faso and 31 per cent from Ghana. The towns most affected by trafficking are Bas Sassandra, Nzi, Comoé and Abidjan. It also noted that 17 per cent of economically active children are involved in hazardous types of work.

The Committee notes the Government’s indication that, according to the national survey conducted in 2002 on the situation of child labour in the cocoa sector, over 600,000 children between the ages of 6 and 17 years are involved in this type of production, among whom 127,000 are engaged in work that is considered to be hazardous. It further notes the Government’s indications that a survey on the living standards of households was conducted in 2008 (ENV 2008). The results of the survey have not yet been validated. However, the Committee observes that, according to the information supplied in the Government’s report under Convention No. 138, the results of the ENV 2008 survey show that two children out of 1,000 are victims of trafficking, and that 97.1 per cent of economically active children are engaged in activities that are harmful for their health. While taking due note of the adoption of the new legislative provisions prohibiting and penalizing the worst forms of child labour, the Committee observes that a large number of children are victims of trafficking and are engaged in hazardous activities and it therefore urges the Government to pursue its efforts to ensure the protection in practice of children against these worst forms of child labour. It also requests it to provide the statistics gathered in the context of the ENV 2008 survey as soon as the results have been validated. To the extent possible, all information provided should be disaggregated by sex and age.

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