Observation (CEACR) - adoptée 2019, publiée 109ème session CIT (2021)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Somalie (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 and the seriousness of the problem, 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. Forced recruitment of children for use in armed conflict. The Committee takes note of the observations of the Federation of Somali Trade Unions (FESTU), received on 1 September 2018, which state that children are forcibly recruited and used by militias and Al-Shabaab extremists as soldiers. The Committee observes that, pursuant to article 29 of the Provisional Constitution of 2012, every child has the right to be protected from armed conflict, and not to be used in armed conflict.

The Committee further notes that, according to the report of the UN Secretary-General on Children and armed conflict of June 2019, 2,300 children (2,228 boys and 72 girls), some as young as 8, were recruited and used by parties to the conflict in Somalia in 2018, namely Al-Shabaab which recruited 1,865 children, but also the Somali National Army, Somali Police and other forces, making it the country with the highest number of cases of the recruitment and use of children in armed conflict. The Secretary-General also highlighted that 1,609 cases of children abducted by parties to the conflict were verified in 2018, mainly for the purpose of recruitment and use in armed conflict, as well as 331 cases of sexual violence against children (328 girls and three boys) (S/2019/509, paragraphs 7, 9, 10, 139, 141 and 144). The Committee deplores the recruitment and use of children by armed forces and armed groups in Somalia, especially since this worst form of child labour entails other grave violations of the rights of the child, such as abductions and sexual violence. The Committee accordingly urges the Government to take the necessary measures to end the forced recruitment of children under 18 years of age by the armed forces and armed groups and to provide information in this regard. It requests the Government to take immediate measures to ensure that the persons found guilty of recruiting and using children under 18 years of age in armed conflict are investigated and prosecuted and that sufficiently effective and dissuasive penalties are imposed. Lastly, the Committee requests the Government to indicate the provisions in national legislation which prohibit the forced recruitment of children for use in armed conflict and which establish penalties for violations thereof.

Article 7(2). Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Access to free basic education. The Committee notes that, according to its report to the United Nations Committee on the Rights of the Child (CRC) of October 2019, the Government indicated that by December 2018, over 3 million children out of 4.9 million in the country were estimated to be out of school. The primary net attendance rate is 25 per cent for boys and 21 per cent for girls. For secondary education, the gross enrolment rate is 15.8 per cent and the net enrolment rate is 8.6 per cent. The Government stated that rural, pastoralist and internally displaced children particularly face barriers to education. Girls are also less likely than boys to access education (CRC/C/SOM/1, paragraphs 18, 256, 260, 264, 267 and 268).

The Committee further notes the Government’s indication in its report to the CRC that school facilities are attacked by Al-Shabaab to forcibly recruit children (CRC/C/SOM/1, paragraph 270). It notes that the UN Secretary-General observed, in his report on children and armed conflict of June 2019, that 77 attacks on schools were verified in 2018 (S/2019/509, paragraph 143). Considering that education is key to preventing children from the worst forms of child labour, the Committee requests the Government to take the necessary measures to improve access to free basic education of all children, including girls, children in rural areas, pastoralist children and internally displaced children. It requests the Government to provide information in this respect, including on enrolment and attendance rates at primary and secondary level.

Clause (b). Providing the necessary and appropriate assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Children in armed conflict. The Committee notes the Government’s indication, in its report to the CRC of October 2019, that the National Programme for the Treatment and Handling of Disengaged Fighters focuses on outreach, reception, screening, rehabilitation and reintegration of children previously engaged in conflict. The Government has set up rehabilitation transition centres for disengaged Al-Shabaab fighters (CRC/C/SOM/1, paragraph 363). The Committee further notes that the UN Secretary-General indicated in his report on children and armed conflict of June 2019 that 1,179 children formerly associated with armed forces and groups received reintegration support in 2018. However, it also indicated that 375 children were detained in Somalia for their alleged association with the armed group Al-Shabaab (S/2019/509, paragraphs 13 and 148). In this regard, the Committee wishes to emphasize that children under the age of 18 years associated with armed groups should be treated as victims rather than offenders (see 2012 General Survey on the fundamental Conventions, paragraph 502). The Committee urges the Government to take the necessary measures to ensure that children removed from armed forces or groups are treated as victims rather than offenders, and to provide information in this respect. It also requests the Government to provide information on the measures taken to identify and remove children from armed forces and groups, as well as to provide them with appropriate assistance for their rehabilitation and social integration, including within the framework of the National Programme for the Treatment and Handling of Disengaged Fighters and through rehabilitation transition centres.

Clause (d). Identifying and reaching out to children at special risk. Street children. The Committee notes that, according to the observations of the FESTU, received on 28 August 2015, children in Somalia are engaged in the worst forms of child labour in street work. The Committee also notes that the Government indicates, in its report to the CRC of October 2019, that during the last two decades, the number of children living and working in the streets of major towns has increased (CRC/C/SOM/1, paragraph 305). The Committee requests the Government to take the necessary measures to ensure that children living and working on the streets are protected from the worst forms of child labour, and to provide information in this respect.

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