Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Mali (Ratification: 2000)

Article 3(a) of the Convention. All forms of slavery or practices similar to slavery. 1. Forced or compulsory labour. Begging. In its previous comments, the Committee noted the existing of talibé boys originating from neighbouring countries, including Mali, brought to towns by Koranic teachers (marabouts). These children are kept in conditions of servitude and are obliged to beg on a daily basis. The Committee noted that the Penal Code provides that any person inciting a minor to beg shall be liable to a sentence of imprisonment of from three months to one year. The Committee also noted that Act No. 2012-023 increased the penalty for the organized exploitation of other persons for begging to a sentence of imprisonment of from two to five years and a fine of from 500,000 to 2 million Malian francs (CFA). However, the Committee noted that the practice of using children in Koranic schools for begging occurs in violation of the law. It noted the Government’s indications concerning the strengthening of the capacity of police officers, but observed that the Government did not provide any information on the prosecution and sentencing of persons, including marabouts, who force children into begging.

The Committee notes the Government’s indication that it does not have information on cases of judicial prosecution or court rulings issued under Act No. 2012-023. The Government adds that the enforcement of legal provisions respecting begging requires a dose of political courage, as the practice of begging is very frequently linked to religion. The Committee once again observes that, although the legislation is in conformity with the Convention on this point, the use of talibé children for purely economic purposes remains a concern in practice. The Committee recalls that, under the terms of Article 7(1) of the Convention, the Government shall take all necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including through the application of penal sanctions. The Committee, therefore, once again urges the Government to take the necessary measures to ensure that thorough investigations and robust prosecutions are carried out and that sufficiently effective and dissuasive sanctions are imposed upon marabouts who make use of children under 18 year of age for purely economic purposes. It requests the Government to provide information on the results achieved in this regard, through the provision of statistics on the number of convictions and the penalties imposed in cases involving child victims, particularly with regard to the application of the provisions of Act No. 2012-023.

2. Forced recruitment of children for use in armed conflict. The Committee noted the observation of the International Trade Union Confederation (ITUC) that the intensification of armed conflict in Mali was accompanied by an increase in the recruitment of children as soldiers by the various rival parties operating in the north of the country. The Committee expressed its deep concern at the fact that this practice leads to serious violations of children’s rights, including sexual violence, and the jeopardization of their health and safety.

The Committee takes due note of the fact that the Government signed a peace agreement with the armed groups on 15 May and 20 June 2015, respectively, resulting in a ceasefire on the ground, and that Annex 2 of the agreement provides for a process of disarmament, demobilization and reintegration. The Government adds that the internal rules of the Peace Agreement Follow-up Committee has been validated by the parties and that the Follow-up Committee for the Implementation of the Agreement and the National Commission for Disarmament, Demobilization and Reintegration will adopt an inclusive and coherent National Disarmament, Demobilization and Reintegration Programme accepted by all parties. The Committee, however, notes that according to the report of the Secretary-General on children and armed conflict (A/69/926-S/2015/409, paragraph 124), of 5 June 2015, 84 children were recruited and used by armed groups in 2014. According to the report, four children were detained for reasons of national security by the national armed forces, and were then released in accordance with the Protocol on the release and reintegration of children associated with the armed forces and armed groups of 1 July 2013. The Committee also notes that, according to the report of the Secretary-General to the Security Council on the situation in Mali of 11 June 2015 (S/2015/426, paragraph 32), 16 new cases of child recruitment by armed groups were registered, and among those recruited, 15 were arrested and detained by the Malian defence and security forces, some for four months. Ten of the children were released. With reference to the 2012 General Survey on the fundamental Conventions, the Committee emphasizes that these children must be treated as victims rather than offenders. It also recalls that it is important to ensure that child victims of this worst form of child labour receive appropriate assistance for their rehabilitation and social integration (paragraph 502). The Committee requests the Government to take the necessary measures to bring an end in practice to the forced or compulsory recruitment of children under 18 years of age by armed groups. It also requests it to implement the process of disarmament, demobilization and reintegration of all children associated with armed forces or armed groups in order to ensure their rehabilitation and social integration. Finally, the Committee requests the Government to take the necessary measures to ensure that persons forcefully recruiting children under 18 years of age for their use in armed conflict are prosecuted and penalized.

Articles 3(d) and 7(2). Hazardous work and effective and time-bound measures. Children working in traditional gold-panning. Further to its previous comments, the Committee notes the observation of the ITUC that between 20,000 and 40,000 children are engaged in work in gold mines, some of whom are not even 5 years old. Children extract minerals from underground galleries and undertake the amalgamation of mercury and gold. During these operations, the children are exposed to unhealthy and dangerous conditions, which have a serious incidence on their health and safety. Many children suffer from headaches, pain in the neck, arms or back. Children are injured by landslides or tools, and they are exposed to the risk of serious bodily injuries when they work on unstable structures which might collapse at any moment.

The Committee notes the Government’s indications that, in the context of the action to combat child labour in traditional gold-panning, a programme of action for the prevention, removal and social and vocational reintegration of children at risk of or victims of work in small traditional mines in the region of Sikasso (project ILO–IPEC/AECID) resulted in the prevention of 2,655 children (1,505 boys and 1,150 girls), the removal of 1,946 children (1,093 boys and 853 girls) and the reintegration of 709 children (412 boys and 297 girls). While taking due note of the measures taken by the Government in the framework of these projects, the Committee expresses its deep concern at the considerable number of children, some of whom are not even 5 years of age, who work in dangerous conditions in traditional gold-panning in Mali. The Committee urges the Government to intensify its efforts and to take effective and time-bound measures, within the framework of the National Plan of Action for the Elimination of Child Labour in Mali (PANETEM) or by other means, in order to remove children from the worst forms of child labour in traditional gold-panning, with a view to ensuring their rehabilitation and social integration. The Committee requests the Government to provide information on the progress achieved and the results obtained.

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