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

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

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. Further to its previous comments, the Committee takes due note in the Government’s report of Order No. 2019-3536/MSPC of 10 October 2019 on the establishment, organization and operation of the Brigade for the Repression of Migrant Trafficking and Trafficking in Persons (BRTMTEH), responsible in particular for combating all organized forms of trafficking in persons within the framework of international judicial cooperation.

The Committee notes the Government’s statistics according to which the BRTMTEH recorded a total of 27 cases of trafficking in persons in 2021, and 15 cases of trafficking in persons in 2020, most of which are currently pending before the competent courts. The Government indicates that some gendarmerie and police units are also registering cases of trafficking in persons.

The Committee further notes that as part of the project to combat slavery and slavery-based discrimination in Mali, carried out in cooperation with the ILO, the Government has trained a total of 20 labour inspectors and controllers on anti-slavery laws and policies, and identification and reporting of cases of slavery and forced labour, during labour inspections in rural areas and the informal economy. The Committee encourages the Government to continue its efforts towards eliminating the worst forms of child labour, including the sale and trafficking of children to ensure, in practice, that thorough investigations and robust prosecutions of offenders are carried out, and that effective and sufficiently dissuasive penalties are imposed. In this regard, it requests the Government to provide information on the results achieved.

Clause (b). Use, procuring or offering of a child for illicit activities. In its previous comment, the Committee notes that according to the Government, 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 the absence of information, in the Government’s report, on the procuring or offering of a child for illicit activities, despite the adoption of the amendment of Decree No. 96-178/P-RM of 13 June 1996 regulating the application of the Labour Code in March 2022 by Decree No. 2022-0125/PT-RM. 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 once again expresses the firm hope that the Government will take the necessary measures as soon as possible towards the adoption of adequate legal provisions on the ban on the use, procuring or offering of a child under 18 years of age for illicit activities, in particular for the production, supply and sale of drugs. It requests the Government to provide information on the progress achieved in this regard.

Article 5. Monitoring mechanisms. Labour inspection. The Committee notes the Government’s indication that the National Task Force to Combat Child Labour (CNLTE) carries out at least two child labour inspections per year in traditional gold-panning sites and in areas of high agricultural production and that it is continuing to set up the national child labour data collection tool (SOSTEM) with a view to monitoring child victims of labour or children at risk. However, it emphasizes that the lack of overall funding for the CNLTE does not enable SOSTEM to operate nationally in all regions. The Committee encourages the Government to continue its efforts to identify children in situations of the worst forms of labour. It requests the Government to continue to provide information in this regard, including extracts of labour inspection reports, and results achieved through SOSTEM.

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. The Committee notes from the 2021 CNLTE report annexed to the Government’s report that, within the framework of the national action plan for the elimination of child labour in Mali (PANETEM), several activities have been developed to strengthen efforts to eliminate child labour, including the establishment of a national referral mechanism (MRN) for victims of trafficking in persons in Mali in August 2021, in collaboration with the International Organization for Migration.

The Committee notes the CNLTE statistics, according to which a total of 10,240 children, 4,790 girls and 5,450 boys, were removed and reintegrated or prevented from being engaged in child labour in 2021, as part of the activities carried out in cooperation with other partners. The Committee requests the Government to continue to provide information on the activities led by the CNLTE within the context of the 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 these worst forms of child labour, and for their rehabilitation and social integration. It also requests the Government to provide information on the results achieved under the MRN.

Clause (d). Identifying and reaching out to children at special risk. 1. HIV orphans and children at special risk. In its previous comments, the Committee noted that a National Policy to Promote and Protect Children (PNPPE) was developed in 2014, accompanied by a plan of action for the period 2015–19, which has several focuses for intervention, including strengthening protection and care for OVCs.

However, the Committee notes the information in the Government’s report that there is no programme to combat child labour that includes specific measures for OVCs. The Committee notes that, nonetheless, according to UNAIDS data for 2021, the number of OVCs as a result of HIV/AIDS is estimated at 120,000. Recalling once again that OVCs are at a greater risk of being engaged in the worst forms of child labour, the Committee requests the Government to provide information on the implementation of the PNPPE and the results achieved in this regard, to ensure that these children are protected from the worst forms of child labour.

2. Street children. The Committee notes that, according to the Government’s information, as part of the fight against child labour and its worst forms, PANETEM II is being drawn up with the support of the Office and that several regional workshops were held in 2022 in this connection. This new plan will incorporate all the mechanisms against the worst forms of child labour. The Government also states that the National Directorate for Children and the Family is responsible for the reintegration system for child victims of the worst forms of child labour.

The Committee notes, however, the absence of information on the situation of street children. The Committee recalls the concerns expressed by the Independent Expert on the situation of human rights in Mali of 2 February 2018, regarding the steadily growing phenomenon of young people in street situations, noting 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 street children run a higher 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 provide for 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. 1. 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, as well as the development of a regional strategy to combat trafficking in persons and the smuggling of migrants for the period 2015–20, through the United Nations Office on Drugs and Crime (UNODC).

The Committee notes the Government’s information that, while there are difficulties in implementing the multilateral and bilateral cooperation agreements, within the framework of the fight against cross-border trafficking, a meeting between the authorities of Mali and Cote d’Ivoire has opened up discussions on the possible adoption of a bilateral agreement on the sale and trafficking of children. Considering the extent of cross-border trafficking in the country, the Committee once again requests the Government to intensify its efforts to adopt and implement its multilateral and bilateral cooperation agreements. It also requests the Government to provide information on the results achieved in this regard.

2. Poverty reduction. Further to its previous comments, the Committee notes the Government’s information that an evaluation report on the implementation of the Decent Work Country Programme (DWCP) was prepared in 2020. The Government indicates that there are plans to discuss a new DWCP 2023–2025 in collaboration with the Office. The Committee encourages the Government to continue its efforts to reduce poverty, especially in the framework of the implementation of PANETEM II and the DWCP with a view to the elimination of the worst forms of child labour. It requests the Government to provide information in this regard. It also requests the Government to provide information on the results of the evaluation of the DWCP by the Office.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Articles 3(a) and 7(1) of the Convention. All forms of slavery or practices similar to slavery. 1. Compulsory recruitment of children in armed conflict.  Further to its previous comments, the Committee notes the absence of information in the Government’s report concerning the compulsory recruitment of children in armed conflict.

In this regard, the Committee notes the information in the Global Protection Cluster Annual Report 2021, regarding an increase in child trafficking, forced labour and compulsory recruitment by armed groups in Mali, as a result of the conflict, insecurity, the COVID-19 pandemic and the deterioration in socio-economic conditions. The report indicates that armed groups also engage in trafficking children for gold panning and that other children are forced to fight within armed groups. They are victims of trafficking in persons, rape, sale and domestic or sexual slavery.

The Committee also notes in the November 2020 Report of the United Nations Secretary-General, on children and armed conflict in Mali (S/2020/1105, paragraph 16), that for the first time since 2014, boys were associated with the Malian armed forces in the Gao region. A total of 24 boys in 2019 and 21 boys in 2020, between the ages of 9 and 16, were used as domestic workers and couriers. However, they were released to their families in 2020 and have been receiving reintegration support.

The Committee once again deplores the recruitment and use of children in the armed conflict affecting the north of the country, especially since the persistence of this worst form of child labour entails other grave violations of the rights of children. While acknowledging the complexity of the situation prevailing on the ground and the presence of armed groups and armed conflict in certain regions of the country, the Committee once again requests the Government to take the necessary measures, as a matter of urgency, to bring an end, in practice, to the forced recruitment of children under 18 years of age by the parties to the conflict. It also requests the Government to implement the process of disarmament, demobilization and reintegration of all children associated with the armed forces or armed groups in order to ensure their rehabilitation and social integration. Lastly, 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, and to provide information in this regard.

2. Forced or compulsory labour. Begging. Further to its previous comments, the Committee notes the Government’s information that, between 2019 and 2022, 11 Koranic teachers (marabouts) were brought before the courts for forced begging affecting 109 children. The Government states that the cases are pending before the examining judges of the Court of First Instance of Commune III of Bamako. The Committee requests the Government to continue to take the necessary measures to ensure that thorough investigations and prosecutions are carried out and that sufficiently effective and dissuasive sanctions are imposed upon marabouts who use children under 18 years of age for purely economic purposes. It requests the Government to provide information on the results achieved in this regard, including the number of convictions and the penalties imposed.

Clause (b). Use, procuring or offering of a child for prostitution.  The Committee previously noted the significant number of child victims of commercial sexual exploitation in the country. The Committee notes with regret that the Government has not noted any cases of prosecutions or convictions relating to the use, procuring or offering of children under 18 years of age for prostitution.

In this regard, the Committee notes the report of the United Nations Independent Expert on the situation of human rights in Mali in the Human Rights Council of 15 January 2020, (A/HRC/43/76 paragraph 55) that, during its universal periodic review in January 2018, Mali agreed to ratify the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography. The Committee once again 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. It also requests the Government to provide information in this regard, including statistics on the convictions and criminal penalties handed down.

Articles 3(d) and 7(2). Hazardous work and effective and time-bound measures. Children working in traditional gold panning. In its previous comments, the Committee notes that there are a significant number of children working in hazardous conditions in gold mines, some of whom are not even 5 years old.

The Committee notes from the report of the National Unit against Child Labour (CLNTE), annexed to the Government’s report, that a total of 52 girl and 20 boy victims of the worst forms of labour were identified through the monitoring of three gold panning sites in 2021.

The Committee also notes the total number of 205 girls and 232 boys who have benefited from the project against child labour in the cotton production and gold panning value chains through the accelerated schooling strategy (SSA/P), and the results of the Clear Cotton project, both conducted in cooperation with the ILO Office.

However, the Committee notes the Government’s indications that the National Plan of Action for the Elimination of Child Labour in Mali (PANETEM I) has not received adequate funding owing to the political and security crisis in the country, but that PANETEM II, which will cover the period 2023 to 2027, is in the process of being approved. The Committee requests the Government to continue its efforts, under PANETEM II, the Clear Cotton project and the SSA/P,in order to remove children from the worst forms of child labour in traditional gold panning and cotton production, with a view to ensuring their rehabilitation and social integration. It requests the Government to continue to provide information on the progress achieved and results obtained in this regard.

Article 7(2)(a). Access to free basic education. Further to its previous comments, the Committee notes the information in the Government’s report that the results of the implementation of the ten-year programme for the development of second-generation vocational training and education 2019-2028 (PRODEC II) will be available at the end of 2022. The Government emphasizes in PRODOC II that the children who are out of school come mainly from rural areas and are relatively higher in number in the regions of Mopti (60.4 per cent), Ségou (52.3 per cent), Sikasso (43.7 per cent) and Kayes (45.3 per cent).

The Committee notes the statistics of the UNESCO Institute for Statistics, according to which in 2018, a total of 2,061,713 children and adolescents of primary and lower secondary school age were not in school. In this respect, the Committee notes from the quarterly report of the United Nations Multidimensional Integrated Stabilization Mission in Mali on trends in human rights violations and abuses in Mali from 1 April to 30 June 2022, that a total of 1,731 schools are not operational (affecting 519,300 children) due to insecurity, particularly in the Mopti and Ménaka regions.

The Committee once again expresses its concern at the large number of children deprived of education due to the armed conflict affecting northern Mali. The Committee urges the Government to step up its efforts to improve the functioning of the education system and to provide access to free basic education, by increasing school enrolment rates, both at the primary and secondary levels, and by reducing the drop-out rates in all regions of the country.In this regard, it requests the Government to provide information on the progress achieved and the results obtained through the implementation of PRODEC II 2019-2028.

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

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

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.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Articles 3(a) and 7(1) of the Convention. All forms of slavery or practices similar to slavery. 1. Compulsory recruitment of children in armed conflict. The Committee previously noted the observation by 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 previously 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. It also noted the signing of a peace agreement with the armed groups on 15 May and 20 June 2015, 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 added that the internal rules of the Peace Agreement Follow-up Committee had 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 would adopt an inclusive and coherent National Disarmament, Demobilization and Reintegration Programme accepted by all parties.

The Committee notes the absence of information provided by the Government in this regard. It notes that, in its annual report for 2017, the National Task Force to Combat Child Labour (CNLTE) recommends that the Government conduct an assessment of the first phase of the National Plan of Action for the Elimination of Child Labour in Mali (PANETEM) (2011–15) and then modify PANETEM by including, inter alia, children formerly associated with armed forces and armed groups (EAFGA). The Committee observes that, in his report dated 2 February 2018, the Independent Expert on the situation of human rights in Mali indicated that the armed groups that are signatories to the Agreement on Peace and Reconciliation in Mali continue to recruit and use children (A/HRC/37/78, paragraph 44). The Secretary-General of the United Nations indicates, in his report on children and armed conflict in Mali to the Security Council of 21 February 2018 (S/2018/136), that, between 1 January 2014 and 30 June 2017, 284 cases of the recruitment and use by armed groups of children from 13 to 17 years of age were verified, including 16 girls. In 2015 and 2016, 84 cases of recruitment and 79 cases of use of children were verified. In the first half of 2017, 18 boys were verified as recruited by armed groups. According to the report, all parties to the conflict, including armed groups and the Malian armed forces, had committed grave violations against children, including rape and other forms of sexual violence. The Secretary-General points out that the collection of data on grave violations committed against children is hindered by the current situation in the country.

The Committee deplores the recruitment and use of children in the armed conflict affecting the north of the country, especially since the persistence of this worst form of child labour entails other grave violations of the rights of the child, such as sexual violence. While acknowledging the complexity of the situation prevailing on the ground and the presence of armed groups and armed conflict in certain regions of the country, the Committee urges the Government to take the necessary measures, as a matter of urgency, to bring an end, in practice, to the forced recruitment of children under 18 years of age by the parties to the conflict. It also requests the Government 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. Lastly, 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, and to provide information in this regard.

2. Forced or compulsory labour. Begging. In its previous comments, the Committee noted the existence of talibé boys originating from neighbouring countries, 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, although the Penal Code and Act No. 2012-23 on combating trafficking in persons and similar practices establish fines and prison sentences, respectively, for any person inciting a minor to beg and for the organized exploitation of begging by another, the use of talibé children for purely economic purposes remains a concern in practice. The Government indicated that it had taken measures to strengthen the capacity of police officers, but did not provide any information on the prosecution or conviction of persons, including marabouts, who force children into begging. The Government added that the enforcement of legal provisions on begging requires a dose of political courage, as the practice of begging is very frequently linked to religion.

The Committee notes the information provided by the Government, in its report, on the number of child victims of forced begging and on the number of prosecuted marabouts. For example, in 2016 and 2017, it notes that, respectively, 35 and 42 victims were identified, and three and five individuals were interrogated. It nevertheless notes with concern the low number of prosecutions of persons who force children to beg and the absence of sanctions for such persons. Moreover, the Committee notes that, according to the Compilation on Mali of November 2017 by the Office of the United Nations High Commissioner for Human Rights (OHCHR), the United Nations High Commissioner for Human Rights is concerned about the recruitment of talibé children, exploited as beggars by marabouts, in return for the Islamic education that they provide to these children (A/HRC/WG.6/29/MLI/2, paragraph 86). The Committee recalls that, under Article 7(1) of the Convention, the Government must take all necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including 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 use children under 18 years of age for purely economic purposes. It requests the Government to provide information on the results achieved in this regard, including the number of convictions and the penalties imposed, particularly with regard to the application of the provisions of Act No. 2012-023.

Articles 3(d) and 7(2). Hazardous work and effective and time-bound measures. Children working in traditional gold panning. The Committee previously noted the observation of the ITUC of September 2014 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 impact on their health and safety. The Committee noted with concern that, although 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, the removal of 1,946 children and the reintegration of 709 children, there are still a considerable number of children, some of whom are not even 5 years of age, who work in dangerous conditions in traditional gold panning.

The Committee notes the absence of the information provided by the Government in this regard. It notes that, according to its activity report for 2017, the CNLTE recommends that the Government modify PANETEM to step up efforts in the traditional gold-panning sector, which employs a steadily growing number of children (page 17). The Committee urges the Government to intensify its efforts and to take effective measures, as a matter of urgency, under 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.

Article 7(2)(a). Access to free basic education. The Committee previously noted that the age of completion of compulsory schooling in Mali is 15 years. It took due note of the measures adopted by the Government in relation to education, but observed that the school enrolment rates for primary education remained fairly modest and that a significant number of children drop out of school after the primary level. The Committee noted the observation by the ITUC that only 35.9 per cent of boys and 25.2 per cent of girls enter secondary education. The Government indicated that the armed conflict had severely undermined the education system in the northern regions of the country, but that the return of the administration and the renewal of cooperation with education partners had enabled many schools to reopen in the regions of Mopti, Timbuktu and Gao. Lastly, the Government indicated that an Interim Programme for the period 2015–16 had been adopted, pending the forthcoming adoption of a Ten Year Education Development Programme (PRODEC II) following the evaluation of PRODEC I. In 2012–13, the gross enrolment rate was 69.7 per cent for primary education and 50 per cent for secondary education, and the drop-out rate was 8.3 per cent in primary education. The Committee observed a very broad disparity in these rates between regions.

The Committee notes the Government’s indication that the Interim Programme is under evaluation and that it has been extended until 2018. PRODEC II is still being developed. The Committee takes due note of the final evaluation report of PRODEC of November 2015 communicated by the Government under the Minimum Age Convention, 1973 (No. 138), which shows that, following an initial period of rapid growth in school enrolment and the completion rate for basic education, such growth slowed down and most indicators began to drop as of 2010. Although there is still strong resistance and discrimination surrounding schooling for girls, the reduction of gender disparities is one of the significant achievements of PRODEC I in relation to girls’ and boys’ access to and completion of basic education. The Committee notes that the evaluation of PRODEC I has enabled the formulation of recommendations for PRODEC II, which include speeding up efforts to promote enrolment in basic education, continuing to reduce disparities based on area of residence and on gender, qualifications for teachers in basic education and the revitalization of non-formal education. The Committee also takes due note of the statistics provided by the Government under Convention No. 138 on basic education for the school years 2013–14, 2015–16 and 2016–17, and welcomes the efforts made by the Government to provide such statistics. It notes that the gross enrolment rate was 72.1 per cent for primary education and 49.2 per cent for the first stage of secondary education. The Committee therefore points out that the gross school enrolment rate has not improved since 2013. Moreover, the Committee observes that there are significant regional disparities in terms of access to education. The completion rates for primary education and the first stage of secondary education have increased, but are still low, with a completion rate of 48.1 per cent for primary education and 35.4 per cent for the first stage of secondary education.

The Committee notes that, in its concluding observations of July 2016, the Committee on the Elimination of Discrimination against Women (CEDAW) expresses concern at the extremely low completion rate for girls at the secondary level; the poor quality of education; and rural–urban disparities. CEDAW also expresses concern at the existence of a parallel education system with Koranic schools that remain outside the purview of the Ministry of Education (CEDAW/C/MLI/CO/6-7, paragraph 29). The Committee also observes that the report of the UN Secretary-General dated 25 September 2018 shows that 735 schools remained closed at the end of the 2017–18 school year, affecting 332,400 children (S/2018/866, paragraph 63). The United Nations Multidimensional Integrated Stabilization Mission in Mali (MINUSMA) and the OHCHR have also noted the occupation of school premises by armed groups in some areas of northern Mali (A/HRC/WG.6/29/MLI/2, paragraph 60). The Committee expresses its concern at the large number of children deprived of an education due to the armed conflict affecting northern Mali. While acknowledging the difficult situation prevailing in the country, the Committee urges the Government to step up its efforts to improve the functioning of the education system and to provide access to free basic education, by increasing school enrolment rates, both at the primary and secondary levels, and by reducing the drop-out rates in all regions of the country. In this regard, it requests the Government to provide information on the progress achieved and the results obtained through the implementation of the Interim Programme 2015–16 and PRODEC II.

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

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

The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will contain full information on the matters raised in its previous comments. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 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 takes note of the Government’s information on the statistics relating to the number of child trafficking victims intercepted and repatriated (40) or rehabilitated (28) in 2010, as well as to the number of traffickers prosecuted (four). The Committee notes the adoption, in 2012, of Act No. 2012-023 relating to the combat against 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 of a period ranging from five to 20 years. The Committee, therefore, requests the Government to take immediate measures 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 recent information on the application of provisions related to the sale and trafficking of children for the exploitation of their labour, in particular those of Act No. 2012-023, through the provision of statistics on the convictions and penalties imposed.

Clause (b). Use, procuring or offering of a child for prostitution. Further to its previous comments, the Committee notes that, according to the Government, Act No. 2012-023 relating to the combat of trafficking in persons and similar practices, adopted on 28 June 2012, 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. The Committee requests the Government to provide information on the application of the provisions of Act No. 2012-023 in practice, with respect to the use, procuring or offering of a child for prostitution, by providing statistics on the convictions and penalties imposed.

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 of offering of a child for illicit activities, in particular for the production and trafficking of drugs.

The Committee notes the Government’s indication that, as part of the revision of texts implementing the Labour Code, which include Decree No. 96178/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 reminds the Government once again that, under the terms of Article 1 of the Convention, immediate and effective measures shall be taken to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee, therefore, urges the Government once again to take immediate measures to ensure that the national legislation prohibits the use, procurement or offering of children under 18 years of age for illicit activities, in particular for the production, offering and sale of drugs. It requests the Government to provide information in its next report on any progress achieved in this respect.

Article 5. Monitoring mechanisms. Labour inspection. The Committee again urges the Government to provide extracts from labour inspection reports concerning the worst forms of child labour in the very near future.

System for the observation and monitoring of child labour in Mali (SOSTEM) and the National Cell to Combat Child Labour (CNLTE). The Committee previously noted that, in the context of the time-bound programme (TPB), launched in Mali in 2006, SOSTEM was established to consolidate the initiatives already being implemented by ILO–IPEC in support of the Government and the social partners to achieve a better understanding of the phenomenon of child labour and its worst forms. The Committee noted that the findings of the supervision carried out by SOSTEM were officially forwarded to the Government in May 2010 through the CNLTE, a structure 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 notes the Government’s indication that the support programme to extend SOSTEM was officially launched in 2011 in the region of Sikasso. The CNLTE thus contributed to the establishment and strengthening of the technical and operational capacities of ten local watchdog committees (CLV) and four community watchdog committees (CCV). These committees are responsible for removing child victims from the worst forms of child labour – or preventing those at risk from their recruitment – by means of information and awareness-raising campaigns conducted during their observation missions in various areas, including traditional gold panning sites and in the fields. They then offer the child victims educational alternatives, vocational training or a return to their families. The CNLTE also contributed towards the capacity building of 460 persons involved in the technical services, the social partners, the civil society, the media, members of the CLVs and CCVs and the focal structures of SOSTEM on child labour and its worst forms, by organizing 12 workshops and training seminars. 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.

Article 7(2). 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 the worst forms of child labour. The 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 the victims of trafficking or sexual exploitation. In this respect, the Committee noted the Government’s indication that one of the strategic focuses of the National Plan of Action for the Elimination of Child Labour in Mali (PANETEM), adopted in 2010, was the implementation of direct action to combat the worst forms of child labour, including trafficking.

The Committee notes that, according to the Government’s information, the PANETEM is planning, under its strategic focus 4, for a series of interventions to prevent and exclude children from trafficking, more specifically by withdrawing and rehabilitating child victims of trafficking and returning them to their families. The Committee requests the Government to take immediate measures in the framework of the PANETEM project 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.

PANETEM. In its previous comments, the Committee noted that the PANETEM envisages the implementation of direct action to combat the worst forms of child labour in the following sectors and cross-cutting areas: agriculture, stock-raising, fishing and agroforestry; craftwork, tourism and hotels; traditional gold-panning and artisanal quarries; domestic work; the urban informal economy; the commercial sexual exploitation of children; and trafficking of children.

The Committee notes that the CNLTE, operating in the context of the PANETEM, has been successful in preventing the recruitment of or removing of 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 firmly encourages the Government to continue its efforts and requests it to continue providing information on the time-bound measures adopted within the context of the PANETEM for the provision of the necessary and appropriate direct assistance to prevent children from becoming engaged in the worst forms of child labour, and ensure their rehabilitation and social integration.

Clause (d). Identifying and reaching out to children at special risk. HIV/AIDS orphans (OVC). Further to its previous comments, the Committee notes with deep concern that UNAIDS estimates for 2013 put the number of OVC at 79,000, accounting for an increase over estimates for 2010 (63,126 child orphans). The Committee notes that, according to the Government, no programme to combat child trafficking implemented so far provides for any specific action for OVC. The Government states that the implementation of the PANETEM would be the ideal framework to develop specific interventions in this area. Recalling that OVC are at greater risk of being engaged in the worst forms of child labour, the Committee urges the Government, once again, to adopt effective measures without delay, particularly in the context of the PANETEM, to ensure that these children are protected from the worst forms of child labour.

Article 8. Regional cooperation. Further to its previous comments, the Committee notes the information provided in the Government’s report concerning the implementation of an action plan of the Economic Community of West African States (ECOWAS) to combat trafficking in persons and concerning bilateral and multilateral agreements concluded by Mali with neighbouring countries. Furthermore, the introduction of various cooperation agreements has succeeded in producing results in the areas of interception, rehabilitation and repatriation of child victims of trafficking. Between 2006 and 2010, 249 foreign child victims of trafficking were intercepted and repatriated (39 girls and 210 boys). In 2011, 74 child victims of trafficking were intercepted, repatriated and rehabilitated (32 girls and 42 boys). In view of the importance of transborder trafficking in the country, the Committee requests the Government to continue its efforts to implement its multilateral and bilateral cooperation agreements. It also asks the Government to continue providing information on the results achieved in this respect.

Poverty reduction. The Committee previously noted that the PANETEM was one of the cornerstones of the child protection policy in Mali. The Committee further noted that, according to the annual report of the National Directorate of Labour of 2010, a draft Decent Work Country Programme (DWCP) for the years 2011–14 had been prepared in collaboration with the ILO and that its objectives are 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 takes note of information from the Government that one of the specific objectives of the PANETEM is to improve the incomes of the parents of children who are victims of trafficking or in danger of being recruited in the worst forms of child labour by promoting income-generating activities to benefit 816,910 households. The Government nevertheless notes that the DWCP has not yet been signed; given the new socio-economic context, it has been agreed to review it to take new concerns into account. Considering that poverty reduction programmes contribute to breaking the cycle of poverty, the Committee requests the Government to take the necessary steps to ensure that the DWCP is adopted as soon as possible. It strongly encourages the Government to continue its efforts to reduce poverty, especially in the context of the implementation of the PANETEM and the DWCP, once the latter has been adopted.

Application of the Convention in practice. In its previous comments, the Committee noted that the following studies were being undertaken: (a) a study on the exploitation of child beggars in Mali; and (b) a study on gender-related issues affecting children, child labour and the worst forms of child labour in mines and quarries: the case of Mali.

The Committee noted with concern the Government’s indication that the findings of the abovementioned studies are still not available. The Committee urges the Government to take the necessary measures to make the findings of the abovementioned studies on the worst forms of child labour available.

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

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.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 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 takes note of the Government’s information on the statistics relating to the number of child trafficking victims intercepted and repatriated (40) or rehabilitated (28) in 2010, as well as to the number of traffickers prosecuted (four). The Committee notes with interest the adoption, in 2012, of Act No. 2012-023 relating to the combat against 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 of a period ranging from five to 20 years. The Committee therefore requests the Government to take immediate measures 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 recent information on the application of provisions related to the sale and trafficking of children for the exploitation of their labour, in particular those of Act No. 2012-023, through the provision of statistics on the convictions and penalties imposed.

Clause (b). Use, procuring or offering of a child for prostitution. Further to its previous comments, the Committee notes that, according to the Government, Act No. 2012-023 relating to the combat of trafficking in persons and similar practices, adopted on 28 June 2012, 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. The Committee requests the Government to provide information on the application of the provisions of Act No. 2012-023 in practice, with respect to the use, procuring or offering of a child for prostitution, by providing statistics on the convictions and penalties imposed.

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 of offering of a child for illicit activities, in particular for the production and trafficking of drugs.

The Committee notes the Government’s indication that, as part of the revision of texts implementing the Labour Code, which include Decree No. 96178/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 reminds the Government once again that, under the terms of Article 1 of the Convention, immediate and effective measures shall be taken to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee therefore urges the Government once again to take immediate measures to ensure that the national legislation prohibits the use, procurement or offering of children under 18 years of age for illicit activities, in particular for the production, offering and sale of drugs. It requests the Government to provide information in its next report on any progress achieved in this respect.

Article 5. Monitoring mechanisms. 1. Labour inspection. With reference to its previous comments, the Committee notes once again with regret that the Government has not provided any information on the violations reported by labour inspectors relating to the worst forms of child labour. It, therefore, again urges the Government to provide extracts from labour inspection reports concerning the worst forms of child labour in the very near future.

2. System for the observation and monitoring of child labour in Mali (SOSTEM) and the National Cell to Combat Child Labour (CNLTE). The Committee previously noted that, in the context of the time-bound programme (TPB), launched in Mali in 2006, SOSTEM was established to consolidate the initiatives already being implemented by ILO–IPEC in support of the Government and the social partners to achieve a better understanding of the phenomenon of child labour and its worst forms. The Committee noted that the findings of the supervision carried out by SOSTEM were officially forwarded to the Government in May 2010 through the CNLTE, a structure 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 notes the Government’s indication that the support programme to extend SOSTEM was officially launched in 2011 in the region of Sikasso. The CNLTE thus contributed to the establishment and strengthening of the technical and operational capacities of ten local watchdog committees (CLV) and four community watchdog committees (CCV). These committees are responsible for removing child victims from the worst forms of child labour – or preventing those at risk from their recruitment – by means of information and awareness-raising campaigns conducted during their observation missions in various areas, including traditional gold panning sites and in the fields. They then offer the child victims educational alternatives, vocational training or a return to their families. The CNLTE also contributed towards the capacity building of 460 persons involved in the technical services, the social partners, the civil society, the media, members of the CLVs and CCVs and the focal structures of SOSTEM on child labour and its worst forms, by organizing 12 workshops and training seminars. 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.

Article 7(2). 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 the worst forms of child labour. 1. The 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 the victims of trafficking or sexual exploitation. In this respect, the Committee noted the Government’s indication that one of the strategic focuses of the National Plan of Action for the Elimination of Child Labour in Mali (PANETEM), adopted in 2010, was the implementation of direct action to combat the worst forms of child labour, including trafficking.

The Committee notes that, according to the Government’s information, the PANETEM is planning, under its strategic focus 4, for a series of interventions to prevent and exclude children from trafficking, more specifically by withdrawing and rehabilitating child victims of trafficking and returning them to their families. The Committee requests the Government to take immediate measures in the framework of the PANETEM project 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.

2. PANETEM. In its previous comments, the Committee noted that the PANETEM envisages the implementation of direct action to combat the worst forms of child labour in the following sectors and cross-cutting areas: agriculture, stock-raising, fishing and agroforestry; craftwork, tourism and hotels; traditional gold-panning and artisanal quarries; domestic work; the urban informal economy; the commercial sexual exploitation of children; and trafficking of children.

The Committee notes with interest that the CNLTE, operating in the context of the PANETEM, has been successful in preventing the recruitment of or removing 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 firmly encourages the Government to continue its efforts and requests it to continue providing information on the time-bound measures adopted within the context of the PANETEM for the provision of the necessary and appropriate direct assistance to prevent children from becoming engaged in the worst forms of child labour, and ensure their rehabilitation and social integration.

Clause (d). Identifying and reaching out to children at special risk. HIV/AIDS orphans (OVS). Further to its previous comments, the Committee notes with profound concern that UNAIDS estimates for 2013 put the number of OVS at 79,000, accounting for an increase over estimates for 2010 (63,126 child orphans). The Committee notes that, according to the Government, no programme to combat child trafficking implemented so far provides for any specific action for OVC. The Government states that the implementation of the PANETEM would be the ideal framework to develop specific interventions in this area. Recalling that OVC are at greater risk of being engaged in the worst forms of child labour, the Committee urges the Government, once again, to adopt effective measures without delay, particularly in the context of the PANETEM, to ensure that these children are protected from the worst forms of child labour.

Article 8(1). Regional cooperation. Further to its previous comments, the Committee notes the information provided in the Government’s report concerning the implementation of an action plan of the Economic Community of West African States (ECOWAS) to combat trafficking in persons and concerning bilateral and multilateral agreements concluded by Mali with neighbouring countries. Furthermore, the introduction of various cooperation agreements has succeeded in producing results in the areas of interception, rehabilitation and repatriation of child victims of trafficking. Between 2006 and 2010, 249 foreign child victims of trafficking were intercepted and repatriated (39 girls and 210 boys). In 2011, 74 child victims of trafficking were intercepted, repatriated and rehabilitated (32 girls and 42 boys). In view of the importance of trans border trafficking in the country, the Committee requests the Government to continue its efforts to implement its multilateral and bilateral cooperation agreements. It also asks the Government to continue providing information on the results achieved in this respect.

2. Poverty reduction. The Committee previously noted that the PANETEM was one of the cornerstones of the child protection policy in Mali. The Committee further noted that, according to the annual report of the National Directorate of Labour of 2010, a draft Decent Country Work Programme (DWCP) for the years 2011–14 had been prepared in collaboration with the ILO and that its objectives are 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 takes note of information from the Government that one of the specific objectives of the PANETEM is to improve the incomes of the parents of children who are victims of trafficking or in danger of being recruited in the worst forms of child labour by promoting income-generating activities to benefit 816,910 households. The Government nevertheless notes that the DWCP has not yet been signed; given the new socioeconomic context, it has been agreed to review it to take new concerns into account. Considering that poverty reduction programmes contribute to breaking the cycle of poverty, the Committee requests the Government to take the necessary steps to ensure that the DWCP is adopted as soon as possible. It strongly encourages the Government to continue its efforts to reduce poverty, especially in the context of the implementation of the PANETEM and the DWCP, once the latter has been adopted.

Application of the Convention in practice. In its previous comments, the Committee noted that the following studies were being undertaken: (a) a study on the exploitation of child beggars in Mali; and (b) a study on gender-related issues affecting children, child labour and the worst forms of child labour in mines and quarries: the case of Mali.

The Committee noted with concern the Government’s indication that the findings of the abovementioned studies are still not available. The Committee urges the Government to take the necessary measures to make the findings of the abovementioned studies on the worst forms of child labour available.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee takes note of the observations of the International Trade Union Confederation (ITUC), dated 1 September 2014.

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 existence of talibé children originating from neighbouring countries, including Mali, brought to the city by Koranic teachers (marabouts). These children are kept in conditions of servitude and are obliged to beg daily. 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. However, the Committee noted that begging by children in Koranic schools is an infringement of the law.

The Committee notes that Act No. 2012-023 has increased the penalty for the organized exploitation of others for begging to a sentence of imprisonment from two to five years and a fine from 500,000 to 2 million CFA francs. It notes the Government’s information that the capacity of police officers has been strengthened, but observes that the Government has not provided any information on the prosecution and sentencing of persons, including marabouts, who force the children into begging.

The Committee points out that, although the legislation is in conformity with the Convention on this point, the use of talibé children for purely economic purposes is still apparently a problem in practice. The Committee once again urges the Government to take the necessary measures to ensure that thorough investigations and robust prosecutions of marabouts who make use of children under 18 years of age for purely economic purposes are carried out and that sufficiently effective and dissuasive sanctions are imposed upon them. It requests the Government to provide information on the results obtained in this respect, through the provision of statistics on the number of convictions and the penalties imposed, particularly as regards the application of the provisions of Act No. 2012-023.

2. Forced recruitment of children for use in armed conflicts. The Committee notes that, according to the ITUC, the intensifying armed conflict in Mali has been accompanied by an increase in the recruitment of children as soldiers by the various rival parties operating in the north of the country. In 2012, Malian children were forcefully recruited, sold or even actually paid to fight by extremist groups. Families were forced to sell their children – or accepted to do so – for amounts ranging up to US$2,000 per child. These child soldiers are obliged to carry assault rifles, man checkpoints, gather information, guard prisoners, conduct patrols on foot and take part in looting and extortion. The armed groups use girls for purposes of sexual exploitation.

The Committee notes that, according to the report of the Secretary-General to the Security Council (A/68/878-S/2014/339) published on 15 May 2014, all armed groups in the north of Mali, including Al-Qaïda au Maghreb islamique, Ansar Dine, the Mouvement national pour la liberation de l’Azawad (MNLA), and the Mouvement pour l’unicité et le jihad en Afrique de l’Ouest (MUJAO), have perpetrated grave violations against children. The United Nations verified the recruitment and use of 57 children, all boys as young as 11 years of age. Most of the boys were recruited in the first half of 2013 by the MUJAO and the MNLA and were used in combat, to man checkpoints and in support roles. The Secretary-General’s report also states that, on 7 February 2013, an inter-ministerial circular was signed by relevant ministers, outlining their commitment to end and prevent the recruitment of children and to ensure appropriate reintegration provisions. On 7 August 2013, the Government of Mali accepted the joint verification mechanism proposed by the United Nations Multidimensional Integrated Stabilization Mission in Mali (MINUSMA) to conduct a physical and administrative screening of elements of the Forces armées et de sécurité du Mali. The Committee feels bound to express its grave concern that children are forcefully enrolled by armed groups and that this practice leads to serious violations of children’s rights – sexual violence and an infringement of their health and safety. The Committee urges the Government to increase its efforts and to take immediate and effective measures to stop, in practice, the forced or compulsory recruitment of children under 18 years of age by all the armed groups, and to embark upon a process of disarmament, demobilization and full rehabilitation of all the children. It also requests the Government to take the necessary measures to ensure that persons forcefully recruiting children under 18 years of age for their use in an armed conflict should be 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 ITUC’s observation that 20,000 to 40,000 children work in goldmines, of which some are not even 5 years of age. Children extract minerals from underground galleries and are involved in the amalgamation of mercury and gold. Carrying out these operations exposes the children to unhealthy and dangerous conditions, which have a serious incidence on their health and safety. Many children suffer from headaches, pains in the neck, arms or back; they are injured by landslides or tools; and they are exposed to the risk of serious bodily injuries when they work on unstable structures that might collapse at any moment.

The Committee notes that, as of 30 November 2012, the ILO–IPEC project to prevent and eliminate child labour in West Africa (AECID project) had succeeded in removing 1,083 children (648 boys and 435 girls) from the worst forms of child labour in the traditional gold-panning sector – or in preventing their recruitment – through educational services and vocational training. The Committee also notes that the implementation of the ILO–IPEC project entitled “Tackling child labour through education in 11 countries” (TACKLE) has resulted in the prevention or removal of 1,546 children (871 girls and 675 boys) from the worst forms of child labour in the traditional gold-panning sector in the villages of Baroya, Sékonamata, Sinsoko and Diaoulafoundouba, by means of educational services. The Committee notes, however, that these projects are on the point of coming to an end.

While noting the measures taken by the Government in the context of these projects, the Committee feels bound to express 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 the gold-panning sector in Mali. The Committee urges the Government to increase its efforts and 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 the traditional gold-panning sector, with a view to ensuring their rehabilitation and social integration. The Committee requests the Government to provide information on the progress made and results obtained.

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

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 5 of the Convention. Monitoring mechanisms. Labour inspection. With reference to its previous comments, the Committee once again noted that the Government has provided detailed information on the inspections carried out by labour inspectors and the violations reported, particularly with regard to dismissals, employment accidents and violations of labour contracts. However, the Committee once again noted with regret that the Government has not provided any information on the violations reported by labour inspectors relating to the worst forms of child labour. It therefore once again urges the Government to provide extracts from labour inspection reports concerning the worst forms of child labour in the very near future.

System for the observation and monitoring of child labour in Mali (SOSTEM) and the National Cell to Combat Child Labour (CNLTE). The Committee noted previously that, in the context of the Time-bound Programme (TBP), launched in Mali in 2006, SOSTEM was established in support of the initiatives already being implemented by ILO–IPEC in support of the Government and the social partners to achieve a better understanding of the phenomenon of child labour and its worst forms. The main emphasis of SOSTEM is on monitoring the conditions and places in which hazardous types of work are performed, the removal of children involved in hazardous types of work and the elimination of the dangers to which they are exposed.

The Committee noted that, according to the information available to ILO–IPEC, the findings of the supervision carried out by SOSTEM were officially forwarded to the Government in May 2010 through the CNLTE. The Committee noted the Government’s indications that the CNLTE is a structure established by Ordinance No. 10-036/P-RM of 5 August 2010 and approved by Act No. 10-050 of 23 December 2010. The CNLTE is now 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 requests the Government to provide information on the activities carried out by the CNLTE for the benefit of children engaged in the worst forms of child labour.

Article 7(2). 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 the worst forms of child labour. 1. PANETEM. In its previous comments, the Committee noted that Mali had launched the TBP on the worst forms of child labour in collaboration with ILO–IPEC, with the main sectors of intervention being mines and quarries, agriculture and craft industries, the sexual exploitation of children, the urban informal economy and domestic work.

The Committee noted that the implementation of the TBP ended in 2010. It noted with interest the Government’s indications that the TBP enabled protection to be provided to over 10,000 children against the worst forms of child labour. Accordingly, 6,885 children (3,866 girls and 3,019 boys) were prevented from becoming engaged in these worst forms of child labour, of whom 170 (41 girls and 129 boys) were at risk of becoming victims of trafficking and 1,227 (854 girls and 373 boys) were at risk of becoming victims of commercial sexual exploitation. Furthermore, 3,726 children (2,236 girls and 1,490 boys) were removed from these worst forms of child labour, of whom 354 (259 girls and 95 boys) were victims of trafficking and 366 girls were victims of commercial sexual exploitation. The Committee noted that the PANETEM envisages the implementation of direct action to combat the worst forms of child labour in the following sectors and transversal fields: agriculture, stock-raising, fishing and agro-forestry; craftwork, tourism and hotels; traditional gold-panning and artisanal quarries; domestic work; the urban informal economy; the commercial sexual exploitation of children; and trafficking of children. The Committee firmly encourages the Government to continue its efforts and requests it to continue providing information on the time-bound measures adopted within the context of the PANETEM for the provision of the necessary and appropriate direct assistance to prevent children from becoming engaged in the worst forms of child labour and to remove children under 18 years of age from the worst forms of child labour, and ensure their rehabilitation and social integration. The Committee requests the Government to continue providing information in this respect, including the number of children benefiting from the measures adopted in the context of the implementation of the PANETEM.

2. Children engaged in traditional gold-panning and artisanal quarries. The Committee noted the cross-border study on child labour in gold-panning in Burkina Faso, Mali and Niger of March 2010 undertaken in collaboration with ILO–IPEC. According to the section on Mali, child labour in gold-panning exists, with children aged between 5 and 17 years being involved in all types of gold-panning activities. Two-thirds of these children, as many of whom are girls as boys, are in a situation of migration for various reasons. Furthermore, 42.7 per cent of the children who participated in the study indicated that they had witnessed an accident of which a child was the victim, and nearly one child out of five (18.6 per cent) indicated that they themselves had been victims of an accident. The Committee also noted that 37.3 per cent of the children say that they have experienced health problems (digestive, respiratory and in their joints) due to their work on gold-panning sites. Only 30.9 per cent of the children questioned attended a formal or non-formal school at the time of the study and, in general, very few children who live in mining villages went to school.

The Committee noted the Government’s indications that an ILO–IPEC project for the prevention and elimination of child labour in West Africa (AECID) was launched in August 2010, is currently being implemented and is in the phase of the identification of the 1,000 children who are to benefit from the project in the traditional gold-panning sector in Sikasso. The Committee also noted that, in the context of the implementation of the ILO–IPEC project entitled “Tackling child labour through education” (TACKLE), a programme of action to combat child labour in 11 countries through education in the traditional gold-panning sector in Kayes has also been initiated targeting prevention for 1,210 children between the ages of 3 and 14 years and the removal of 150 children between the ages of 10 and 17 years. The Committee also noted that, in the context of the PANETEM, traditional gold-panning and artisanal quarries are one of the sectors covered and that activities are to be undertaken with a view to the removal and reintegration of child victims. The Committee requests the Government to continue its efforts for the removal of children from the worst forms of child labour in traditional gold-panning and artisanal quarries. It also requests it to provide information on the number of children who are in practice prevented from being engaged in or removed from this worst form of child labour as a result of the measures adopted in the context of the AECID and TACKLE projects, and the PANETEM.

Clause (d). Identifying and reaching out to children at special risk. HIV/AIDS orphans (OVC). The Committee previously noted that the National Strategic Framework 2006–10 (CSN) proposes multiple forms of intervention, associating measures to combat AIDS with democratic and sustainable development and emphasizing, in particular, an integrated strategic approach.

The Committee observed that, in the context of the PANETEM, it is planned to organize vaccination campaigns and communication to change behaviour in relation to HIV/AIDS. However, the Committee also noted that, according to the annual UNGASS report for 2010, there are 63,126 children aged between 0 and 17 years who are HIV/AIDS orphans. However, the percentage of orphans and vulnerable children (0–17 years) living in care centres and receiving free external assistance to cover their costs is only 16.81 per cent, corresponding to 10,614 OVC. Recalling that OVC are at greater risk of being engaged in the worst forms of child labour, the Committee urges the Government to adopt effective measures without delay, particularly in the context of the PANETEM, to ensure that these children are protected from the worst forms of child labour. It requests the Government to provide information on the specific measures adopted in this respect and the results achieved, particularly with regard to the proportion of households including OVC and other vulnerable children who are benefiting from assistance services and allowances.

Clause (e). Special situation of girls. In its previous comments, the Committee noted that the PANETEM would provide the Government with a good opportunity to determine time-bound objectives while taking into account the special situation of girls, and particularly those engaged in domestic work, who are often victims of very diverse forms of exploitation, and it is difficult to supervise their working conditions due to the clandestine nature of the work.

The Committee noted that domestic work is one of the sectors targeted by the PANETEM. The planned activities include carrying out a socio-demographic survey, the establishment of socio-educational centres for household helps and the removal and reintegration of child victims of the worst forms of child labour in the domestic sector. The Committee requests the Government to provide information and the results achieved following the implementation of the measures envisaged by the PANETEM in terms of the number of girls engaged in domestic work who have been protected against economic and sexual exploitation.

Article 8. Poverty reduction. The Committee previously noted that a Growth and Poverty Reduction Strategy Framework (GPRSF), covering the period 2007–11, was being implemented. The Committee also noted that a National Action Programme for Employment to Reduce Poverty (PNA/ERP) had been formulated and that a Decent Work Country Programme (DWCP) was being prepared.

The Committee noted that the PANETEM will be integrated into the main strategic objectives of the GPRSF and the Millennium Development Goals, and that the PANETEM is one of the practical arms of the child protection policy in Mali. The Committee further noted that, according to the annual report of the National Directorate of Labour of 2010, a draft DWCP for the years 2011–14 has been prepared in collaboration with the ILO and that its objectives are 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 operational plan for the implementation of this Programme is currently under preparation. Considering that poverty reduction programmes contribute to breaking the cycle of poverty, the Committee requests the Government to provide information on the measures adopted in the context of the PANETEM and the DWCP for the elimination of the worst forms of child labour, and particularly for the effective reduction of poverty among child victims of sale, trafficking and forced begging.

Part V of the report form. Application of the Convention in practice. In its previous comments, the Committee noted that the following studies were being undertaken: (a) a study on the exploitation of child beggars in Mali; and (b) a study on gender-related issues affecting children, child labour and the worst forms of child labour in mines and quarries: the case of Mali.

The Committee noted that the Government has not provided any information in its report in relation to these studies. The Committee urges the Government to communicate the findings of the studies on the worst forms of child labour referred to above. The Committee also requests the Government to provide statistical data on the nature, extent and trends of the worst forms of child labour, as well as information on the number and nature of the infringements reported, investigations, convictions, prosecutions and penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex and age.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. 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 is prohibited by section 244 of the Penal Code and section 63 of the Child Protection Code. It noted that, in the summary prepared by the Office of the High Commissioner for Human Rights in accordance with paragraph 15(c) of the Annex to Human Rights Council Resolution 5/1 of 3 April 2008, the International Federation for Human Rights (FIDH) indicated that, even though no statistics are available, Mali is a transit country for the trafficking of women and children, and it therefore recommended that the Malian authorities strictly apply sections 240 et seq. of the Penal Code penalizing the trafficking of children, and that it improve the assistance provided to children who have been victims of trafficking (A/HRC/WG.6/2/MLI/3, paragraphs 13–14). The Committee requested the Government to provide information on the effect given in practice to the provisions respecting the sale and trafficking of children for the exploitation of their labour.

The Committee noted with regret that the Government has not provided any information on this matter in its report. The Committee therefore urges the Government to take immediate measures to ensure in practice the protection of children under 18 years of age against sale and trafficking and to ensure that thorough investigations and robust prosecutions of offenders are carried out, and that effective and sufficiently dissuasive penalties are imposed. It once again requests the Government to provide information on the effect given in practice to the provisions respecting the sale and trafficking of children for the exploitation of their labour through the provision of statistics on the number of convictions and the penal sanctions imposed.

2. Forced or compulsory labour. Begging. In its previous comments, the Committee noted that, according to the 2006 UNICEF report, talibé children originating from neighbouring countries, including Mali, are found on the streets of Dakar, who have been brought to the city by Koranic teachers (marabouts). These children are kept in conditions of servitude and are obliged to beg daily. The Committee also noted that the 2006 UNICEF report refers to the involvement of marabouts in the trafficking of children for the exploitation of young talibé workers from Burkina Faso in the rice fields of Mali. The Committee noted that the Committee on the Rights of the Child (CRC), in its concluding observations of May 2007, expressed concern at the vulnerability of children living in the streets or who are engaged in begging, particularly to all forms of violence, sexual abuse and exploitation, as well as economic exploitation (CRC/C/MLI/CO/2, paragraph 62). The Committee noted that section 62 of the Child Protection Code defines begging as a sole or main activity of a dehumanizing nature and an obstacle to the rights of the child. It further noted that section 183 of the Penal Code provides that any person inciting a child to beg shall be liable to a sentence of imprisonment of from three months to one year. However, the Committee noted that, in the report of the Working Group on the Universal Periodic Review of Mali of 13 June 2008, the representative of Mali indicated that begging by children in Koranic schools is an infringement of the law (A/HRC/8/50, paragraph 55).

The Committee noted with regret the absence of information on this matter in the Government’s report. The Committee once again observed that, although the legislation is in conformity with the Convention on this point, the phenomenon of child talibés remains a cause for concern in practice. The Committee once again expressed serious concern at the use of these children for purely economic purposes. The Committee once again reminded the Government that, under the terms of Article 1 of the Convention, immediate and effective measures shall be taken to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency and, in accordance with Article 7(1) of the Convention, it shall take all necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including the provision and application of sufficiently effective and dissuasive sanctions. The Committee urges the Government to take the necessary measures to ensure that thorough investigations and robust prosecutions of marabouts who make use of children under 18 years of age for purely economic purposes are carried out and that sufficiently effective and dissuasive sanctions are imposed upon them. In this respect, the Committee requests the Government to take the necessary measures to reinforce the capacities of the law enforcement agencies. It also requests the Government to take effective and time-bound measures to prevent children under 18 years of age from becoming victims of forced or compulsory labour, such as begging, and to identify child talibés who are compelled to beg and remove them from these situations, while ensuring their rehabilitation and social integration.

Clause (b). Use, procuring or offering of a child for prostitution. In its previous comments, the Committee noted that section 229 of the Penal Code, under which inciting a girl or a woman, even with her consent, to debauchery or forcing her to engage in prostitution are punishable offences, applies only to female children. The Committee noted the Government’s indication that it undertook to examine the question of bringing its legislation into conformity with the Convention and protecting boys from sexual exploitation, and particularly prostitution. The Government indicated that the measures taken in this respect consist of the adoption of Act No. 01-081 of 24 August 2001 concerning crimes related to minors and the appointment of magistrates to hear cases involving minors (Act No. 01-081). The Committee observed that not only do these provisions fail to prohibit the use, procuring or offering of a child for prostitution, but they also appear to punish the children concerned, making them criminally liable for their involvement in prostitution or illicit activities. The Committee observed that children who are used, procured or offered for prostitution are consequently not treated as victims and receive neither support nor protection.

The Committee noted with regret that the Government has not provided any information on this matter in its report. It once again reminds the Government that, under the terms of Article 3(b) of the Convention, the use, procuring or offering of a child under 18 years of age for prostitution is considered to be one of the worst forms of child labour and that, by virtue of Article 1 of the Convention, immediate and effective measures have to be taken to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee urges the Government to take immediate measures to ensure that the national legislation prohibits the use, procuring or offering of boys under 18 years of age for prostitution.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee noted previously that Act No. 1986/18 on the punishment of offences involving poisonous substances and narcotics prohibits the cultivation, production, offering and sale of drugs, but not the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Government indicated that the measures taken in this respect consisted of the adoption of Act No. 01-081. However, the Committee observed that these provisions do not prohibit the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs.

The Committee noted with regret that the Government has not provided any information on this matter in its report. It once again reminds the Government that, under the terms of Article 1 of the Convention, immediate and effective measures shall be taken to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee therefore urges the Government to take immediate measures to ensure that the national legislation prohibits the use, procurement or offering of children under 18 years of age for illicit activities, in particular for the production, offering and sale of drugs. It requests the Government to provide information in its next report on any progress achieved in this respect.

Article 5. Monitoring mechanisms. 1. Monitoring committees. In its previous comments, the Committee noted that local monitoring committees (CLV) to combat child labour had been established in the circles of Kangala, Bougouni, Kolondiéba and Koutiala, that 344 monitoring committees are now operational in Mali and that their principal role was to identify potential victims of child trafficking, and to indicate cases in which children are the victims of trafficking and collect and disseminate data on the trafficking of children. Noting the absence of information on this subject in the Government’s report, the Committee once again requests the Government to provide information on the number of children who are prevented from becoming victims of trafficking or are removed from trafficking for labour exploitation as a result of the activities of monitoring committees.

2. National Committee to follow-up programmes to combat the trafficking of children. The Committee noted previously the Government’s indications that the National Committee to follow up programmes to combat the trafficking of children in Mali (CNS) is responsible for evaluating the action taken in the context of the implementation of programmes to combat the trafficking of children, for following the implementation of cooperation agreements signed by Mali to combat the trafficking of children and for learning from the experience acquired in this field in taking responsibility for child victims of trafficking. However, the Government indicated that, since it was established in 2006, the CNS was not operational, thereby creating a gap in the coordination of action to combat the trafficking of children in Mali. To overcome this problem, three meetings had been planned between September and November 2009, during which the programme and action of the CNS were to be determined and the annual workplan for 2010 adopted.

The Committee noted that the Government has not provided any information on this subject in its report. The Committee once again requests the Government to provide information on the activities carried out by the CNS and their impact on the elimination of the trafficking of children for the exploitation of their labour.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and assistance for their removal from these worst forms of child labour. Sale and trafficking of children. In its previous comments, the Committee noted that, in the summary prepared by the Office of the High Commissioner for Human Rights in accordance with paragraph 15(c) of the Annex to Human Rights Council Resolution 5/1 of 3 April 2008, the FIDH indicated that there are no institutional facilities available in Mali to shelter, offer guidance to or assist young women who have been the victims of trafficking or sexual exploitation (A/HRC/WG.6/2/MLI/3, paragraphs 13–14). It therefore recommended the authorities of Mali to set up care and guidance facilities and to provide assistance for the return of girls who are victims of trafficking.

The Committee noted the Government’s indication that one of the strategic focuses of the National Plan of Action for the Elimination of Child Labour in Mali (PANETEM), adopted in 2010, is the implementation of direct action to combat the worst forms of child labour, including trafficking. The Committee requests the Government to provide information on the measures adopted within the framework of the PANETEM project 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 child labour. It also once again requests the Government to envisage the establishment of care and guidance facilities and the provision of assistance for the return of child victims of trafficking, as recommended by the FIDH, with a view to ensuring their rehabilitation and social integration. The Committee once again requests the Government to provide information on any progress achieved in this regard.

Article 8. Regional cooperation. In its previous comments, the Committee noted that the Government had signed bilateral cooperation agreements on the cross-border trafficking of children with Burkina Faso, Côte d’Ivoire, Guinea and Senegal. It also noted that, in addition to the Multilateral Cooperation Agreement to Combat Child Trafficking in West Africa, signed in July 2005, Mali had also signed the Abuja Multilateral Cooperation Agreement in 2006. It further noted that, in the context of the ILO–IPEC project to combat the trafficking of children, it was planned to reinforce the application of the bilateral and multilateral treaties signed by Mali. However, the Government indicated that, although the countries which signed agreements with Mali met periodically, they were more dynamic in their activities within the national territory than in terms of mutual international assistance. Indeed, the Committee observed that, in the Report of the Working Group on the Universal Periodic Review of Mali of 13 June 2008, the representative of Mali noted that, with regard to trafficking in children, the main difficulties stemmed from the cross-border nature of the phenomenon (A/HRC/8/50, paragraph 54).

The Committee noted the Government’s indication that the National Cell to Combat Child Labour (CNLTE) represented the Ministry of Labour at the follow up meetings to the Cooperation Agreement to Combat Trans-border Child Trafficking between Mali and Burkina Faso, held in Ouagadougou in March 2009, as well as the meeting between Mali and Guinea, held in Bamako in September 2010. However, it observed that the Government has not provided any information on the number of child victims of trafficking for sexual exploitation or for labour who have been protected through the implementation of the multilateral agreements signed by Mali, or on the arrests that have been made as a result of the concerted action of the national border police. In view of the importance of trans-border trafficking in the country, the Committee urges the Government to take practical and effective measures for the implementation of the multilateral agreements signed in 2005 and 2006, particularly through the establishment of a system for the exchange of information to facilitate the discovery of child trafficking networks and the arrest of persons working in these networks. It also requests the Government to provide information on the outcome of the follow-up meetings held in Ouagadougou in 2009 and Bamako in 2010.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which reads as follows:

Repetition

Article 5 of the Convention. Monitoring mechanisms. Labour inspection. With reference to its previous comments, the Committee once again notes that the Government has provided detailed information on the inspections carried out by labour inspectors and the violations reported, particularly with regard to dismissals, employment accidents and violations of labour contracts. However, the Committee once again notes with regret that the Government has not provided any information on the violations reported by labour inspectors relating to the worst forms of child labour. It therefore once again urges the Government to provide extracts from labour inspection reports concerning the worst forms of child labour in the very near future.

System for the observation and monitoring of child labour in Mali (SOSTEM) and the National Cell to Combat Child Labour (CNLTE). The Committee noted previously that, in the context of the Time-bound Programme (TBP), launched in Mali in 2006, SOSTEM was established in support of the initiatives already being implemented by ILO–IPEC in support of the Government and the social partners to achieve a better understanding of the phenomenon of child labour and its worst forms. The main emphasis of SOSTEM is on monitoring the conditions and places in which hazardous types of work are performed, the removal of children involved in hazardous types of work and the elimination of the dangers to which they are exposed.

The Committee notes that, according to the information available to ILO–IPEC, the findings of the supervision carried out by SOSTEM were officially forwarded to the Government in May 2010 through the CNLTE. The Committee notes the Government’s indications that the CNLTE is a structure established by Ordinance No. 10-036/P-RM of 5 August 2010 and approved by Act No. 10-050 of 23 December 2010. The CNLTE is now 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 requests the Government to provide information on the activities carried out by the CNLTE for the benefit of children engaged in the worst forms of child labour.

Article 6. Programmes of action. National Plan of Action for the Elimination of Child Labour in Mali (PANETEM). Further to its previous comments, the Committee notes with interest that the technical validation of PANETEM at the national level took place in April 2010 and that it was adopted by the Council of Ministers on 8 June 2011. The PANETEM covers a period of ten years spread over two phases: the first five-year phase (2011–15) focusing on the elimination of the worst forms of child labour (60 per cent of the targeted children) and the second five-year phase (2016–20) focusing on the abolition of all unauthorized forms of child labour (40 per cent of the targeted children). The Committee notes that the PANETEM is intended to benefit 2,450,729 children between the ages of 5 and 17 years engaged in hazardous types of work, including 1,308,999 girls and 1,141,730 boys, as well as 816,910 households in which children are at risk of or are victims of the worst forms of child labour. Implementation will be the responsibility of the National Commission to Monitor the Formulation of the PANETEM (CNSE).

Article 7(2). 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 the worst forms of child labour. 1. PANETEM. In its previous comments, the Committee noted that Mali had launched the TBP on the worst forms of child labour in collaboration with ILO–IPEC, with the main sectors of intervention being mines and quarries, agriculture and craft industries, the sexual exploitation of children, the urban informal economy and domestic work.

The Committee notes that the implementation of the TBP ended in 2010. It notes with interest the Government’s indications that the TBP enabled protection to be provided to over 10,000 children against the worst forms of child labour. Accordingly, 6,885 children (3,866 girls and 3,019 boys) were prevented from becoming engaged in these worst forms of child labour, of whom 170 (41 girls and 129 boys) were at risk of becoming victims of trafficking and 1,227 (854 girls and 373 boys) were at risk of becoming victims of commercial sexual exploitation. Furthermore, 3,726 children (2,236 girls and 1,490 boys) were removed from these worst forms of child labour, of whom 354 (259 girls and 95 boys) were victims of trafficking and 366 girls were victims of commercial sexual exploitation. The Committee notes that the PANETEM envisages the implementation of direct action to combat the worst forms of child labour in the following sectors and transversal fields: agriculture, stock-raising, fishing and agro-forestry; craftwork, tourism and hotels; traditional gold-panning and artisanal quarries; domestic work; the urban informal economy; the commercial sexual exploitation of children; and trafficking of children. The Committee firmly encourages the Government to continue its efforts and requests it to continue providing information on the time-bound measures adopted within the context of the PANETEM for the provision of the necessary and appropriate direct assistance to prevent children from becoming engaged in the worst forms of child labour and to remove children under 18 years of age from the worst forms of child labour, and ensure their rehabilitation and social integration. The Committee requests the Government to continue providing information in this respect, including the number of children benefiting from the measures adopted in the context of the implementation of the PANETEM.

2. Children engaged in traditional gold-panning and artisanal quarries. The Committee notes the cross-border study on child labour in gold-panning in Burkina Faso, Mali and Niger of March 2010 undertaken in collaboration with ILO–IPEC. According to the section on Mali, child labour in gold-panning exists, with children aged between 5 and 17 years being involved in all types of gold-panning activities. Two-thirds of these children, as many of whom are girls as boys, are in a situation of migration for various reasons. Furthermore, 42.7 per cent of the children who participated in the study indicated that they had witnessed an accident of which a child was the victim, and nearly one child out of five (18.6 per cent) indicated that they themselves had been victims of an accident. The Committee also notes that 37.3 per cent of the children say that they have experienced health problems (digestive, respiratory and in their joints) due to their work on gold-panning sites. Only 30.9 per cent of the children questioned attended a formal or non-formal school at the time of the study and, in general, very few children who live in mining villages went to school.

The Committee notes the Government’s indications that an ILO–IPEC project for the prevention and elimination of child labour in West Africa (AECID) was launched in August 2010, is currently being implemented and is in the phase of the identification of the 1,000 children who are to benefit from the project in the traditional gold-panning sector in Sikasso. The Committee also notes that, in the context of the implementation of the ILO–IPEC project entitled “Tackling child labour through education” (TACKLE), a programme of action to combat child labour in 11 countries through education in the traditional gold-panning sector in Kayes has also been initiated targeting prevention for 1,210 children between the ages of 3 and 14 years and the removal of 150 children between the ages of 10 and 17 years. The Committee also notes that, in the context of the PANETEM, traditional gold-panning and artisanal quarries are one of the sectors covered and that activities are to be undertaken with a view to the removal and reintegration of child victims. The Committee requests the Government to continue its efforts for the removal of children from the worst forms of child labour in traditional gold-panning and artisanal quarries. It also requests it to provide information on the number of children who are in practice prevented from being engaged in or removed from this worst form of child labour as a result of the measures adopted in the context of the AECID and TACKLE projects, and the PANETEM.

Clause (d). Identifying and reaching out to children at special risk. HIV/AIDS orphans (OVC). The Committee previously noted that the National Strategic Framework 2006–10 (CSN) proposes multiple forms of intervention, associating measures to combat AIDS with democratic and sustainable development and emphasizing, in particular, an integrated strategic approach.

The Committee observes that, in the context of the PANETEM, it is planned to organize vaccination campaigns and communication to change behaviour in relation to HIV/AIDS. However, the Committee also notes that, according to the annual UNGASS report for 2010, there are 63,126 children aged between 0 and 17 years who are HIV/AIDS orphans. However, the percentage of orphans and vulnerable children (0–17 years) living in care centres and receiving free external assistance to cover their costs is only 16.81 per cent, corresponding to 10,614 OVCs. Recalling that OVCs are at greater risk of being engaged in the worst forms of child labour, the Committee urges the Government to adopt effective measures without delay, particularly in the context of the PANETEM, to ensure that these children are protected from the worst forms of child labour. It requests the Government to provide information on the specific measures adopted in this respect and the results achieved, particularly with regard to the proportion of households including OVCs and other vulnerable children who are benefiting from assistance services and allowances.

Clause (e). Special situation of girls. In its previous comments, the Committee noted that the PANETEM would provide the Government with a good opportunity to determine time-bound objectives while taking into account the special situation of girls, and particularly those engaged in domestic work, who are often victims of very diverse forms of exploitation, and it is difficult to supervise their working conditions due to the clandestine nature of the work.

The Committee notes that domestic work is one of the sectors targeted by the PANETEM. The planned activities include carrying out a socio-demographic survey, the establishment of socio-educational centres for household helps and the removal and reintegration of child victims of the worst forms of child labour in the domestic sector. The Committee requests the Government to provide information and the results achieved following the implementation of the measures envisaged by the PANETEM in terms of the number of girls engaged in domestic work who have been protected against economic and sexual exploitation.

Article 8. Poverty reduction. The Committee previously noted that a Growth and Poverty Reduction Strategy Framework (GPRSF), covering the period 2007–11, was being implemented. The Committee also noted that a National Action Programme for Employment to Reduce Poverty (PNA/ERP) had been formulated and that a Decent Work Country Programme (DWCP) was being prepared.

The Committee notes that the PANETEM will be integrated into the main strategic objectives of the GPRSF and the Millennium Development Goals, and that the PANETEM is one of the practical arms of the child protection policy in Mali. The Committee further notes that, according to the annual report of the National Directorate of Labour of 2010, a draft DWCP for the years 2011–14 has been prepared in collaboration with the ILO and that its objectives are 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 operational plan for the implementation of this Programme is currently under preparation. Considering that poverty reduction programmes contribute to breaking the cycle of poverty, the Committee requests the Government to provide information on the measures adopted in the context of the PANETEM and the DWCP for the elimination of the worst forms of child labour, and particularly for the effective reduction of poverty among child victims of sale, trafficking and forced begging.

Part V of the report form. Application of the Convention in practice. In its previous comments, the Committee noted that the following studies were being undertaken: (a) a study on the exploitation of child beggars in Mali; and (b) a study on gender-related issues affecting children, child labour and the worst forms of child labour in mines and quarries: the case of Mali.

The Committee notes that the Government has not provided any information in its report in relation to these studies. The Committee urges the Government to communicate the findings of the studies on the worst forms of child labour referred to above. The Committee also requests the Government to provide statistical data on the nature, extent and trends of the worst forms of child labour, as well as information on the number and nature of the infringements reported, investigations, convictions, prosecutions and penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex and age.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which reads as follows:

Repetition

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. 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 is prohibited by section 244 of the Penal Code and section 63 of the Child Protection Code. It noted that, in the summary prepared by the Office of the High Commissioner for Human Rights in accordance with paragraph 15(c) of the Annex to Human Rights Council Resolution 5/1 of 3 April 2008, the International Federation for Human Rights (FIDH) indicated that, even though no statistics are available, Mali is a transit country for the trafficking of women and children, and it therefore recommended that the Malian authorities strictly apply sections 240 et seq. of the Penal Code penalizing the trafficking of children, and that it improve the assistance provided to children who have been victims of trafficking (A/HRC/WG.6/2/MLI/3, paragraphs 13–14). The Committee requested the Government to provide information on the effect given in practice to the provisions respecting the sale and trafficking of children for the exploitation of their labour.

The Committee notes with regret that the Government has not provided any information on this matter in its report. The Committee therefore urges the Government to take immediate measures to ensure in practice the protection of children under 18 years of age against sale and trafficking and to ensure that thorough investigations and robust prosecutions of offenders are carried out, and that effective and sufficiently dissuasive penalties are imposed. It once again requests the Government to provide information on the effect given in practice to the provisions respecting the sale and trafficking of children for the exploitation of their labour through the provision of statistics on the number of convictions and the penal sanctions imposed.

2. Forced or compulsory labour. Begging. In its previous comments, the Committee noted that, according to the 2006 UNICEF report, talibés children originating from neighbouring countries, including Mali, are found on the streets of Dakar, who have been brought to the city by Koranic teachers (marabouts). These children are kept in conditions of servitude and are obliged to beg daily. The Committee also noted that the 2006 UNICEF report refers to the involvement of marabouts in the trafficking of children for the exploitation of young talibé workers from Burkina Faso in the rice fields of Mali. The Committee noted that the Committee on the Rights of the Child, in its concluding observations of May 2007, expressed concern at the vulnerability of children living in the streets or who are engaged in begging, particularly to all forms of violence, sexual abuse and exploitation, as well as economic exploitation (CRC/C/MLI/CO/2, paragraph 62). The Committee noted that section 62 of the Child Protection Code defines begging as a sole or main activity of a dehumanizing nature and an obstacle to the rights of the child. It further noted that section 183 of the Penal Code provides that any person inciting a child to beg shall be liable to a sentence of imprisonment of from three months to one year. However, the Committee noted that, in the report of the Working Group on the Universal Periodic Review of Mali of 13 June 2008, the representative of Mali indicated that begging by children in Koranic schools is an infringement of the law (A/HRC/8/50, paragraph 55).

The Committee notes with regret the absence of information on this matter in the Government’s report. The Committee once again observes that, although the legislation is in conformity with the Convention on this point, the phenomenon of child talibés remains a cause for concern in practice. The Committee once again expresses serious concern at the use of these children for purely economic purposes. The Committee once again reminds the Government that, under the terms of Article 1 of the Convention, immediate and effective measures shall be taken to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency and, in accordance with Article 7(1) of the Convention, it shall take all necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including the provision and application of sufficiently effective and dissuasive sanctions. The Committee urges the Government to take the necessary measures to ensure that thorough investigations and robust prosecutions of marabouts who make use of children under 18 years of age for purely economic purposes are carried out and that sufficiently effective and dissuasive sanctions are imposed upon them. In this respect, the Committee requests the Government to take the necessary measures to reinforce the capacities of the law enforcement agencies. It also requests the Government to take effective and time-bound measures to prevent children under 18 years of age from becoming victims of forced or compulsory labour, such as begging, and to identify child talibés who are compelled to beg and remove them from these situations, while ensuring their rehabilitation and social integration.

Clause (b). Use, procuring or offering of a child for prostitution. In its previous comments, the Committee noted that section 229 of the Penal Code, under which inciting a girl or a woman, even with her consent, to debauchery or forcing her to engage in prostitution are punishable offences, applies only to female children. The Committee noted the Government’s indication that it undertook to examine the question of bringing its legislation into conformity with the Convention and protecting boys from sexual exploitation, and particularly prostitution. The Government indicated that the measures taken in this respect consist of the adoption of Act No. 01-081 of 24 August 2001 concerning crimes related to minors and the appointment of magistrates to hear cases involving minors (Act No. 01-081). The Committee observed that not only do these provisions fail to prohibit the use, procuring or offering of a child for prostitution, but they also appear to punish the children concerned, making them criminally liable for their involvement in prostitution or illicit activities. The Committee observed that children who are used, procured or offered for prostitution are consequently not treated as victims and receive neither support nor protection.

The Committee notes with regret that the Government has not provided any information on this matter in its report. It once again reminds the Government that, under the terms of Article 3(b) of the Convention, the use, procuring or offering of a child under 18 years of age for prostitution is considered to be one of the worst forms of child labour and that, by virtue of Article 1 of the Convention, immediate and effective measures have to be taken to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee urges the Government to take immediate measures to ensure that the national legislation prohibits the use, procuring or offering of boys under 18 years of age for prostitution.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee noted previously that Act No. 1986/18 on the punishment of offences involving poisonous substances and narcotics prohibits the cultivation, production, offering and sale of drugs, but not the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Government indicated that the measures taken in this respect consisted of the adoption of Act No. 01-081. However, the Committee observed that these provisions do not prohibit the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs.

The Committee notes with regret that the Government has not provided any information on this matter in its report. It once again reminds the Government that, under the terms of Article 1 of the Convention, immediate and effective measures shall be taken to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee, therefore, urges the Government to take immediate measures to ensure that the national legislation prohibits the use, procurement or offering of children under 18 years of age for illicit activities, in particular for the production, offering and sale of drugs. It requests the Government to provide information in its next report on any progress achieved in this respect.

Article 5. Monitoring mechanisms. 1. Monitoring committees. In its previous comments, the Committee noted that local monitoring committees (CLV) to combat child labour had been established in the circles of Kangala, Bougouni, Kolondiéba and Koutiala, that 344 monitoring committees are now operational in Mali and that their principal role was to identify potential victims of child trafficking, and to indicate cases in which children are the victims of trafficking and collect and disseminate data on the trafficking of children. Noting the absence of information on this subject in the Government’s report, the Committee once again requests the Government to provide information on the number of children who are prevented from becoming victims of trafficking or are removed from trafficking for labour exploitation as a result of the activities of monitoring committees.

2. National Committee to follow-up programmes to combat the trafficking of children. The Committee noted previously the Government’s indications that the National Committee to follow-up programmes to combat the trafficking of children in Mali (CNS) is responsible for evaluating the action taken in the context of the implementation of programmes to combat the trafficking of children, for following the implementation of cooperation agreements signed by Mali to combat the trafficking of children and for learning from the experience acquired in this field in taking responsibility for child victims of trafficking. However, the Government indicated that, since it was established in 2006, the CNS was not operational, thereby creating a gap in the coordination of action to combat the trafficking of children in Mali. To overcome this problem, three meetings had been planned between September and November 2009, during which the programme and action of the CNS were to be determined and the annual work plan for 2010 adopted.

The Committee notes that the Government has not provided any information on this subject in its report. The Committee once again requests the Government to provide information on the activities carried out by the CNS and their impact on the elimination of the trafficking of children for the exploitation of their labour.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and assistance for their removal from these worst forms of child labour. Sale and trafficking of children. In its previous comments, the Committee noted that, in the summary prepared by the Office of the High Commissioner for Human Rights in accordance with paragraph 15(c) of the Annex to Human Rights Council Resolution 5/1 of 3 April 2008, the FIDH indicated that there are no institutional facilities available in Mali to shelter, offer guidance to or assist young women who have been the victims of trafficking or sexual exploitation (A/HRC/WG.6/2/MLI/3, paragraphs 13–14). It therefore recommended the authorities of Mali to set up care and guidance facilities and to provide assistance for the return of girls who are victims of trafficking.

The Committee notes the Government’s indication that one of the strategic focuses of the National Plan of Action for the Elimination of Child Labour in Mali (PANETEM), adopted in 2010, is the implementation of direct action to combat the worst forms of child labour, including trafficking. The Committee requests the Government to provide information on the measures adopted within the framework of the PANETEM project 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 child labour. It also once again requests the Government to envisage the establishment of care and guidance facilities and the provision of assistance for the return of child victims of trafficking, as recommended by the FIDH, with a view to ensuring their rehabilitation and social integration. The Committee once again requests the Government to provide information on any progress achieved in this regard.

Article 8. Regional cooperation. In its previous comments, the Committee noted that the Government had signed bilateral cooperation agreements on the cross-border trafficking of children with Burkina Faso, Côte d’Ivoire, Guinea and Senegal. It also noted that, in addition to the Multilateral Cooperation Agreement to Combat Child Trafficking in West Africa, signed in July 2005, Mali had also signed the Abuja Multilateral Cooperation Agreement in 2006. It further noted that, in the context of the ILO–IPEC project to combat the trafficking of children, it was planned to reinforce the application of the bilateral and multilateral treaties signed by Mali. However, the Government indicated that, although the countries which signed agreements with Mali met periodically, they were more dynamic in their activities within the national territory than in terms of mutual international assistance. Indeed, the Committee observed that, in the Report of the Working Group on the Universal Periodic Review of Mali of 13 June 2008, the representative of Mali noted that, with regard to trafficking in children, the main difficulties stemmed from the cross-border nature of the phenomenon (A/HRC/8/50, paragraph 54).

The Committee notes the Government’s indication that the National Cell to Combat Child Labour (CNLTE) represented the Ministry of Labour at the follow up meetings to the Cooperation Agreement to Combat Trans-border Child Trafficking between Mali and Burkina Faso, held in Ouagadougou in March 2009, as well as the meeting between Mali and Guinea, held in Bamako in September 2010. However, it observes that the Government has not provided any information on the number of child victims of trafficking for sexual exploitation or for labour who have been protected through the implementation of the multilateral agreements signed by Mali, or on the arrests that have been made as a result of the concerted action of the national border police. In view of the importance of trans-border trafficking in the country, the Committee urges the Government to take practical and effective measures for the implementation of the multilateral agreements signed in 2005 and 2006, particularly through the establishment of a system for the exchange of information to facilitate the discovery of child trafficking networks and the arrest of persons working in these networks. It also requests the Government to provide information on the outcome of the follow-up meetings held in Ouagadougou in 2009 and Bamako in 2010.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 5 of the Convention. Monitoring mechanisms. Labour inspection. With reference to its previous comments, the Committee once again notes that the Government has provided detailed information on the inspections carried out by labour inspectors and the violations reported, particularly with regard to dismissals, employment accidents and violations of labour contracts. However, the Committee once again notes with regret that the Government has not provided any information on the violations reported by labour inspectors relating to the worst forms of child labour. It therefore once again urges the Government to provide extracts from labour inspection reports concerning the worst forms of child labour in the very near future.

System for the observation and monitoring of child labour in Mali (SOSTEM) and the National Cell to Combat Child Labour (CNLTE). The Committee noted previously that, in the context of the Time-bound Programme (TBP), launched in Mali in 2006, SOSTEM was established in support of the initiatives already being implemented by ILO–IPEC in support of the Government and the social partners to achieve a better understanding of the phenomenon of child labour and its worst forms. The main emphasis of SOSTEM is on monitoring the conditions and places in which hazardous types of work are performed, the removal of children involved in hazardous types of work and the elimination of the dangers to which they are exposed.

The Committee notes that, according to the information available to ILO–IPEC, the findings of the supervision carried out by SOSTEM were officially forwarded to the Government in May 2010 through the CNLTE. The Committee notes the Government’s indications that the CNLTE is a structure established by Ordinance No. 10-036/P-RM of 5 August 2010 and approved by Act No. 10-050 of 23 December 2010. The CNLTE is now 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 requests the Government to provide information on the activities carried out by the CNLTE for the benefit of children engaged in the worst forms of child labour.

Article 6. Programmes of action. National Plan of Action for the Elimination of Child Labour in Mali (PANETEM). Further to its previous comments, the Committee notes with interest that the technical validation of PANETEM at the national level took place in April 2010 and that it was adopted by the Council of Ministers on 8 June 2011. The PANETEM covers a period of ten years spread over two phases: the first five-year phase (2011–15) focusing on the elimination of the worst forms of child labour (60 per cent of the targeted children) and the second five-year phase (2016–20) focusing on the abolition of all unauthorized forms of child labour (40 per cent of the targeted children). The Committee notes that the PANETEM is intended to benefit 2,450,729 children between the ages of 5 and 17 years engaged in hazardous types of work, including 1,308,999 girls and 1,141,730 boys, as well as 816,910 households in which children are at risk of or are victims of the worst forms of child labour. Implementation will be the responsibility of the National Commission to Monitor the Formulation of the PANETEM (CNSE).

Article 7(2). 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 the worst forms of child labour. PANETEM. In its previous comments, the Committee noted that Mali had launched the TBP on the worst forms of child labour in collaboration with ILO–IPEC, with the main sectors of intervention being mines and quarries, agriculture and craft industries, the sexual exploitation of children, the urban informal economy and domestic work.

The Committee notes that the implementation of the TBP ended in 2010. It notes with interest the Government’s indications that the TBP enabled protection to be provided to over 10,000 children against the worst forms of child labour. Accordingly, 6,885 children (3,866 girls and 3,019 boys) were prevented from becoming engaged in these worst forms of child labour, of whom 170 (41 girls and 129 boys) were at risk of becoming victims of trafficking and 1,227 (854 girls and 373 boys) were at risk of becoming victims of commercial sexual exploitation. Furthermore, 3,726 children (2,236 girls and 1,490 boys) were removed from these worst forms of child labour, of whom 354 (259 girls and 95 boys) were victims of trafficking and 366 girls were victims of commercial sexual exploitation. The Committee notes that the PANETEM envisages the implementation of direct action to combat the worst forms of child labour in the following sectors and transversal fields: agriculture, stock-raising, fishing and agro-forestry; craftwork, tourism and hotels; traditional gold-panning and artisanal quarries; domestic work; the urban informal economy; the commercial sexual exploitation of children; and trafficking of children. The Committee firmly encourages the Government to continue its efforts and requests it to continue providing information on the time-bound measures adopted within the context of the PANETEM for the provision of the necessary and appropriate direct assistance to prevent children from becoming engaged in the worst forms of child labour and to remove children under 18 years of age from the worst forms of child labour, and ensure their rehabilitation and social integration. The Committee requests the Government to continue providing information in this respect, including the number of children benefiting from the measures adopted in the context of the implementation of the PANETEM.

Children engaged in traditional gold-panning and artisanal quarries. The Committee notes the cross-border study on child labour in gold-panning in Burkina Faso, Mali and Niger of March 2010 undertaken in collaboration with ILO–IPEC. According to the section on Mali, child labour in gold-panning exists, with children aged between 5 and 17 years being involved in all types of gold-panning activities. Two-thirds of these children, as many of whom are girls as boys, are in a situation of migration for various reasons. Furthermore, 42.7 per cent of the children who participated in the study indicated that they had witnessed an accident of which a child was the victim, and nearly one child out of five (18.6 per cent) indicated that they themselves had been victims of an accident. The Committee also notes that 37.3 per cent of the children say that they have experienced health problems (digestive, respiratory and in their joints) due to their work on gold-panning sites. Only 30.9 per cent of the children questioned attended a formal or non-formal school at the time of the study and, in general, very few children who live in mining villages went to school.

The Committee notes the Government’s indications that an ILO–IPEC project for the prevention and elimination of child labour in West Africa (AECID) was launched in August 2010, is currently being implemented and is in the phase of the identification of the 1,000 children who are to benefit from the project in the traditional gold-panning sector in Sikasso. The Committee also notes that, in the context of the implementation of the ILO–IPEC project entitled “Tackling child labour through education” (TACKLE), a programme of action to combat child labour in 11 countries through education in the traditional gold-panning sector in Kayes has also been initiated targeting prevention for 1,210 children between the ages of 3 and 14 years and the removal of 150 children between the ages of 10 and 17 years. The Committee also notes that, in the context of the PANETEM, traditional gold-panning and artisanal quarries are one of the sectors covered and that activities are to be undertaken with a view to the removal and reintegration of child victims. The Committee requests the Government to continue its efforts for the removal of children from the worst forms of child labour in traditional gold-panning and artisanal quarries. It also requests it to provide information on the number of children who are in practice prevented from being engaged in or removed from this worst form of child labour as a result of the measures adopted in the context of the AECID and TACKLE projects, and the PANETEM.

Clause (d). Identifying and reaching out to children at special risk. HIV/AIDS orphans (OVC). The Committee previously noted that the National Strategic Framework 2006–10 (CSN) proposes multiple forms of intervention, associating measures to combat AIDS with democratic and sustainable development and emphasizing, in particular, an integrated strategic approach.

The Committee observes that, in the context of the PANETEM, it is planned to organize vaccination campaigns and communication to change behaviour in relation to HIV/AIDS. However, the Committee also notes that, according to the annual UNGASS report for 2010, there are 63,126 children aged between 0 and 17 years who are HIV/AIDS orphans. However, the percentage of orphans and vulnerable children (0–17 years) living in care centres and receiving free external assistance to cover their costs is only 16.81 per cent, corresponding to 10,614 OVCs. Recalling that OVCs are at greater risk of being engaged in the worst forms of child labour, the Committee urges the Government to adopt effective measures without delay, particularly in the context of the PANETEM, to ensure that these children are protected from the worst forms of child labour. It requests the Government to provide information on the specific measures adopted in this respect and the results achieved, particularly with regard to the proportion of households including OVCs and other vulnerable children who are benefiting from assistance services and allowances.

Clause (e). Special situation of girls. In its previous comments, the Committee noted that the PANETEM would provide the Government with a good opportunity to determine time-bound objectives while taking into account the special situation of girls, and particularly those engaged in domestic work, who are often victims of very diverse forms of exploitation, and it is difficult to supervise their working conditions due to the clandestine nature of the work.

The Committee notes that domestic work is one of the sectors targeted by the PANETEM. The planned activities include carrying out a socio-demographic survey, the establishment of socio-educational centres for household helps and the removal and reintegration of child victims of the worst forms of child labour in the domestic sector. The Committee requests the Government to provide information and the results achieved following the implementation of the measures envisaged by the PANETEM in terms of the number of girls engaged in domestic work who have been protected against economic and sexual exploitation.

Article 8. Poverty reduction. The Committee previously noted that a Growth and Poverty Reduction Strategy Framework (GPRSF), covering the period 2007–11, was being implemented. The Committee also noted that a National Action Programme for Employment to Reduce Poverty (PNA/ERP) had been formulated and that a Decent Work Country Programme (DWCP) was being prepared.

The Committee notes that the PANETEM will be integrated into the main strategic objectives of the GPRSF and the Millennium Development Goals, and that the PANETEM is one of the practical arms of the child protection policy in Mali. The Committee further notes that, according to the annual report of the National Directorate of Labour of 2010, a draft DWCP for the years 2011–14 has been prepared in collaboration with the ILO and that its objectives are 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 operational plan for the implementation of this Programme is currently under preparation. Considering that poverty reduction programmes contribute to breaking the cycle of poverty, the Committee requests the Government to provide information on the measures adopted in the context of the PANETEM and the DWCP for the elimination of the worst forms of child labour, and particularly for the effective reduction of poverty among child victims of sale, trafficking and forced begging.

Part V of the report form. Application of the Convention in practice. In its previous comments, the Committee noted that the following studies were being undertaken: (a) a study on the exploitation of child beggars in Mali; and (b) a study on gender-related issues affecting children, child labour and the worst forms of child labour in mines and quarries: the case of Mali.

The Committee notes that the Government has not provided any information in its report in relation to these studies. The Committee urges the Government to communicate the findings of the studies on the worst forms of child labour referred to above. The Committee also requests the Government to provide statistical data on the nature, extent and trends of the worst forms of child labour, as well as information on the number and nature of the infringements reported, investigations, convictions, prosecutions and penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex and age.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. 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 is prohibited by section 244 of the Penal Code and section 63 of the Child Protection Code. It noted that, in the summary prepared by the Office of the High Commissioner for Human Rights in accordance with paragraph 15(c) of the Annex to Human Rights Council Resolution 5/1 of 3 April 2008, the International Federation for Human Rights (FIDH) indicated that, even though no statistics are available, Mali is a transit country for the trafficking of women and children, and it therefore recommended that the Malian authorities strictly apply sections 240 et seq. of the Penal Code penalizing the trafficking of children, and that it improve the assistance provided to children who have been victims of trafficking (A/HRC/WG.6/2/MLI/3, paragraphs 13–14). The Committee requested the Government to provide information on the effect given in practice to the provisions respecting the sale and trafficking of children for the exploitation of their labour.

The Committee notes with regret that the Government has not provided any information on this matter in its report. The Committee therefore urges the Government to take immediate measures to ensure in practice the protection of children under 18 years of age against sale and trafficking and to ensure that thorough investigations and robust prosecutions of offenders are carried out, and that effective and sufficiently dissuasive penalties are imposed. It once again requests the Government to provide information on the effect given in practice to the provisions respecting the sale and trafficking of children for the exploitation of their labour through the provision of statistics on the number of convictions and the penal sanctions imposed.

2. Forced or compulsory labour. Begging. In its previous comments, the Committee noted that, according to the 2006 UNICEF report, talibés children originating from neighbouring countries, including Mali, are found on the streets of Dakar, who have been brought to the city by Koranic teachers (marabouts). These children are kept in conditions of servitude and are obliged to beg daily. The Committee also noted that the 2006 UNICEF report refers to the involvement of marabouts in the trafficking of children for the exploitation of young talibé workers from Burkina Faso in the rice fields of Mali. The Committee noted that the Committee on the Rights of the Child, in its concluding observations of May 2007, expressed concern at the vulnerability of children living in the streets or who are engaged in begging, particularly to all forms of violence, sexual abuse and exploitation, as well as economic exploitation (CRC/C/MLI/CO/2, paragraph 62). The Committee noted that section 62 of the Child Protection Code defines begging as a sole or main activity of a dehumanizing nature and an obstacle to the rights of the child. It further noted that section 183 of the Penal Code provides that any person inciting a child to beg shall be liable to a sentence of imprisonment of from three months to one year. However, the Committee noted that, in the report of the Working Group on the Universal Periodic Review of Mali of 13 June 2008, the representative of Mali indicated that begging by children in Koranic schools is an infringement of the law (A/HRC/8/50, paragraph 55).

The Committee notes with regret the absence of information on this matter in the Government’s report. The Committee once again observes that, although the legislation is in conformity with the Convention on this point, the phenomenon of child talibés remains a cause for concern in practice. The Committee once again expresses serious concern at the use of these children for purely economic purposes. The Committee once again reminds the Government that, under the terms of Article 1 of the Convention, immediate and effective measures shall be taken to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency and, in accordance with Article 7(1) of the Convention, it shall take all necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including the provision and application of sufficiently effective and dissuasive sanctions. The Committee urges the Government to take the necessary measures to ensure that thorough investigations and robust prosecutions of marabouts who make use of children under 18 years of age for purely economic purposes are carried out and that sufficiently effective and dissuasive sanctions are imposed upon them. In this respect, the Committee requests the Government to take the necessary measures to reinforce the capacities of the law enforcement agencies. It also requests the Government to take effective and time-bound measures to prevent children under 18 years of age from becoming victims of forced or compulsory labour, such as begging, and to identify child talibés who are compelled to beg and remove them from these situations, while ensuring their rehabilitation and social integration.

Clause (b). Use, procuring or offering of a child for prostitution. In its previous comments, the Committee noted that section 229 of the Penal Code, under which inciting a girl or a woman, even with her consent, to debauchery or forcing her to engage in prostitution are punishable offences, applies only to female children. The Committee noted the Government’s indication that it undertook to examine the question of bringing its legislation into conformity with the Convention and protecting boys from sexual exploitation, and particularly prostitution. The Government indicated that the measures taken in this respect consist of the adoption of Act No. 01-081 of 24 August 2001 concerning crimes related to minors and the appointment of magistrates to hear cases involving minors (Act No. 01-081). The Committee observed that not only do these provisions fail to prohibit the use, procuring or offering of a child for prostitution, but they also appear to punish the children concerned, making them criminally liable for their involvement in prostitution or illicit activities. The Committee observed that children who are used, procured or offered for prostitution are consequently not treated as victims and receive neither support nor protection.

The Committee notes with regret that the Government has not provided any information on this matter in its report. It once again reminds the Government that, under the terms of Article 3(b) of the Convention, the use, procuring or offering of a child under 18 years of age for prostitution is considered to be one of the worst forms of child labour and that, by virtue of Article 1 of the Convention, immediate and effective measures have to be taken to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee urges the Government to take immediate measures to ensure that the national legislation prohibits the use, procuring or offering of boys under 18 years of age for prostitution.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee noted previously that Act No. 1986/18 on the punishment of offences involving poisonous substances and narcotics prohibits the cultivation, production, offering and sale of drugs, but not the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Government indicated that the measures taken in this respect consisted of the adoption of Act No. 01-081. However, the Committee observed that these provisions do not prohibit the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs.

The Committee notes with regret that the Government has not provided any information on this matter in its report. It once again reminds the Government that, under the terms of Article 1 of the Convention, immediate and effective measures shall be taken to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee, therefore, urges the Government to take immediate measures to ensure that the national legislation prohibits the use, procurement or offering of children under 18 years of age for illicit activities, in particular for the production, offering and sale of drugs. It requests the Government to provide information in its next report on any progress achieved in this respect.

Article 5. Monitoring mechanisms. 1. Monitoring committees. In its previous comments, the Committee noted that local monitoring committees (CLV) to combat child labour had been established in the circles of Kangala, Bougouni, Kolondiéba and Koutiala, that 344 monitoring committees are now operational in Mali and that their principal role was to identify potential victims of child trafficking, and to indicate cases in which children are the victims of trafficking and collect and disseminate data on the trafficking of children. Noting the absence of information on this subject in the Government’s report, the Committee once again requests the Government to provide information on the number of children who are prevented from becoming victims of trafficking or are removed from trafficking for labour exploitation as a result of the activities of monitoring committees.

2. National Committee to follow-up programmes to combat the trafficking of children. The Committee noted previously the Government’s indications that the National Committee to follow-up programmes to combat the trafficking of children in Mali (CNS) is responsible for evaluating the action taken in the context of the implementation of programmes to combat the trafficking of children, for following the implementation of cooperation agreements signed by Mali to combat the trafficking of children and for learning from the experience acquired in this field in taking responsibility for child victims of trafficking. However, the Government indicated that, since it was established in 2006, the CNS was not operational, thereby creating a gap in the coordination of action to combat the trafficking of children in Mali. To overcome this problem, three meetings had been planned between September and November 2009, during which the programme and action of the CNS were to be determined and the annual work plan for 2010 adopted.

The Committee notes that the Government has not provided any information on this subject in its report. The Committee once again requests the Government to provide information on the activities carried out by the CNS and their impact on the elimination of the trafficking of children for the exploitation of their labour.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and assistance for their removal from these worst forms of child labour. Sale and trafficking of children. In its previous comments, the Committee noted that, in the summary prepared by the Office of the High Commissioner for Human Rights in accordance with paragraph 15(c) of the Annex to Human Rights Council Resolution 5/1 of 3 April 2008, the FIDH indicated that there are no institutional facilities available in Mali to shelter, offer guidance to or assist young women who have been the victims of trafficking or sexual exploitation (A/HRC/WG.6/2/MLI/3, paragraphs 13–14). It therefore recommended the authorities of Mali to set up care and guidance facilities and to provide assistance for the return of girls who are victims of trafficking.

The Committee notes the Government’s indication that one of the strategic focuses of the National Plan of Action for the Elimination of Child Labour in Mali (PANETEM), adopted in 2010, is the implementation of direct action to combat the worst forms of child labour, including trafficking. The Committee requests the Government to provide information on the measures adopted within the framework of the PANETEM project 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 child labour. It also once again requests the Government to envisage the establishment of care and guidance facilities and the provision of assistance for the return of child victims of trafficking, as recommended by the FIDH, with a view to ensuring their rehabilitation and social integration. The Committee once again requests the Government to provide information on any progress achieved in this regard.

Article 8. Regional cooperation. In its previous comments, the Committee noted that the Government had signed bilateral cooperation agreements on the cross-border trafficking of children with Burkina Faso, Côte d’Ivoire, Guinea and Senegal. It also noted that, in addition to the Multilateral Cooperation Agreement to Combat Child Trafficking in West Africa, signed in July 2005, Mali had also signed the Abuja Multilateral Cooperation Agreement in 2006. It further noted that, in the context of the ILO–IPEC project to combat the trafficking of children, it was planned to reinforce the application of the bilateral and multilateral treaties signed by Mali. However, the Government indicated that, although the countries which signed agreements with Mali met periodically, they were more dynamic in their activities within the national territory than in terms of mutual international assistance. Indeed, the Committee observed that, in the Report of the Working Group on the Universal Periodic Review of Mali of 13 June 2008, the representative of Mali noted that, with regard to trafficking in children, the main difficulties stemmed from the cross-border nature of the phenomenon (A/HRC/8/50, paragraph 54).

The Committee notes the Government’s indication that the National Cell to Combat Child Labour (CNLTE) represented the Ministry of Labour at the follow up meetings to the Cooperation Agreement to Combat Trans-border Child Trafficking between Mali and Burkina Faso, held in Ouagadougou in March 2009, as well as the meeting between Mali and Guinea, held in Bamako in September 2010. However, it observes that the Government has not provided any information on the number of child victims of trafficking for sexual exploitation or for labour who have been protected through the implementation of the multilateral agreements signed by Mali, or on the arrests that have been made as a result of the concerted action of the national border police. In view of the importance of trans-border trafficking in the country, the Committee urges the Government to take practical and effective measures for the implementation of the multilateral agreements signed in 2005 and 2006, particularly through the establishment of a system for the exchange of information to facilitate the discovery of child trafficking networks and the arrest of persons working in these networks. It also requests the Government to provide information on the outcome of the follow-up meetings held in Ouagadougou in 2009 and Bamako in 2010.

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

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 3 of the Convention. Worst forms of child labour: Clause (b). Use, procuring or offering of a child for prostitution. In its previous comments, the Committee noted that section 229 of the Penal Code, under which inciting a girl or a woman, even with her consent, to debauchery or forcing her to engage in prostitution are punishable offences, applies only to female children. The Committee noted the Government’s indication that it undertook an examination of the question of bringing the legislation into conformity with the Convention and protecting boys from sexual exploitation, particularly prostitution. The Government now indicates that the measures taken in this respect consist of the adoption of Act No. 01-081 of 24 August 2001, concerning crimes related to minors and the appointment of magistrates to hear cases involving minors (Act 01-081). The Committee observes that not only do these provisions fail to prohibit the use, procuring or offering of a child for prostitution, but they appear to punish the children concerned, making them criminally liable for their involvement in prostitution or illicit activities. The Committee observes that children who are used, procured or offered for prostitution are therefore not treated as victims and receive neither support nor protection. It reminds the Government that, under the terms of Article 3(b) of the Convention, the use, procuring or offering of a child under 18 years of age for prostitution is considered to be one of the worst forms of child labour and that, by virtue of Article 1 of the Convention, immediate and effective measures have to be taken to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee therefore requests the Government to take immediate measures to ensure that the national legislation prohibits the use, procuring or offering of boys under 18 years of age for prostitution.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee previously noted that Act No. 1986/18 on the punishment of offences involving poisonous substances and narcotics prohibits the cultivation, production, offering and sale of drugs, but not the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. It noted the Government’s indication that it would give consideration to the question of prohibiting this worst form of child labour. The Government now indicates that the measures taken in this respect consist of the adoption of Act No. 01-081. The Committee observes that these provisions do not prohibit the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. It reminds the Government that under Article 1 of the Convention, immediate and effective measures have to be taken to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee therefore requests the Government to take immediate measures to ensure that the national legislation prohibits the use, procuring or offering of children under 18 years of age for illicit activities, in particular for the production, offering and sale of drugs.

Article 4, paragraph 1. Determination of hazardous types of work. Further to its previous comments, the Committee notes with interest that Order
No. 09-0151/MTFPRE-SG, supplementing the list of hazardous types of work prohibited for children under 18 years of age in the agricultural, stock raising, fishing, forestry, mining, quarries and traditional gold-panning, tourism and informal sectors, was adopted on 4 February 2009.

Article 5. Monitoring mechanisms. 1. Labour inspection. With reference to its previous comments, the Committee notes that in the report submitted under the Labour Inspection Convention, 1947 (No. 81), the Government provides detailed information on the inspections carried out by labour inspectors and the violations reported, particularly in relation to dismissals, employment accidents and violations of labour contracts. However, the Committee notes that the Government has not provided any information on the violations reported by labour inspectors relating to the worst forms of child labour. It therefore urges the Government to provide extracts from labour inspection reports concerning the worst forms of child labour in the very near future.

2. System for the observation and monitoring of child labour in Mali (SOSTEM). The Committee notes that, in the context of the Time-bound Programme (TBP) launched in Mali in 2006, SOSTEM was established in support of the initiatives already being implemented by ILO–IPEC in support of the Government and the social partners to achieve a better understanding of the phenomenon of child labour and its worst forms. The main emphasis of SOSTEM is placed on the monitoring of the conditions and places in which hazardous types of work are performed, the removal of children involved in hazardous types of work and the elimination of the dangers to which they are exposed. The Committee notes that, according to the technical progress report of 1 September 2009 on the ILO–IPEC support project for the TBP, focal structures, which play a transitional role between the local and national levels, have been established in the framework of SOSTEM. The Committee requests the Government to provide information on the activities carried out by SOSTEM in relation to children engaged in the worst forms of child labour. It requests it to indicate the number of children engaged in the worst forms of child labour who have been identified, rehabilitated and reintegrated as a result of these activities.

Article 6. Programmes of action. National Plan of Action for the Elimination of Child Labour in Mali (PANETEM). The Committee notes that, in the context of the TBP, a programme of action for the formulation and design of the PANETEM was launched in 2009. The PANETEM, which will reinforce the progress achieved in over a decade of combating child labour and will address the difficulties encountered, will be implemented by the National Cell to Combat Child Labour (CNLTE), established in 2007, with the support of ILO–IPEC, with a view to eliminating child labour in the country by 2025 and compiling information on the activities carried out by children. The Committee notes that the implementation of the PANETEM will be divided into two main stages, the elimination of the worst forms of child labour from 2010 to 2015 and the prohibition of hazardous types of work from 2016 to 2025. The Committee requests the Government to provide information in its next report on the results achieved through the implementation of the PANETEM in relation to the removal of children engaged in the worst forms of child labour and their rehabilitation and social integration, and on the activities of the CNLTE for this purpose.

Article 7, paragraph 2. Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and assistance for their removal from the worst forms of child labour. TBP. In its previous comments, the Committee noted that Mali had launched the TBP on the worst forms of child labour in collaboration with ILO–IPEC. The main sectors for TBP intervention are mines and quarries, agriculture and craft industries, sexual exploitation of children, the urban informal economy and domestic work. The trafficking of children and HIV/AIDS will also be taken into account as cross-cutting issues. The Committee notes with interest that, according to the technical progress report of 1 September 2009 of the ILO–IPEC support project for the TBP, 6,499 children (3,602 girls and 2,897 boys) at risk of being engaged in the worst forms of child labour were prevented from doing so, and 2,471 children (1,384 girls and 1,087 boys) have been removed from the worst forms of child labour. All of these children have received formal or informal education, as well as apprenticeships or vocational training, provided by qualified craft workers or in vocational training centres. The Committee strongly encourages the Government to pursue its efforts and requests it to continue providing information on the time-bound measures adopted in the context of the TBP to provide the necessary and appropriate direct assistance to prevent the engagement of children in the worst forms of child labour and to remove persons under 18 years of age from the worst forms of child labour and ensure their rehabilitation and social integration. The Committee requests the Government to continue providing information on this subject, including the number of children benefiting from the measures adopted in the context of the TBP.

Clause (d). Identifying and reaching out to children at special risk. Orphans of HIV/AIDS. The Committee previously noted that, according to the “Report on the global AIDS epidemic”, published by the Joint United Nations Programme on HIV/AIDS (UNAIDS) in May 2006, around 94,000 children in Mali are HIV/AIDS orphans. It also noted that, according to a UNAIDS report of December 2006, the epidemic seems to be growing in Mali. The Committee notes that, according to the 2008 UNGASS National Report of the Higher National Council to Combat AIDS, Mali has already implemented three short and medium‑term strategic plans and a National Strategic Plan for the years 2001–05. It notes that the new National Strategic Framework 2006–10 (CSN), which has been adopted and validated, proposes multiple methods of intervention, associating measures to combat AIDS with democratic and sustainable development and emphasizing, in particular, an integrated strategic approach. The CSN also includes the implementation of programmes of action to reduce the vulnerability of persons affected by the HIV/AIDS epidemic, with particular reference to children orphaned by the disease. However, the Committee notes the Government’s indication that it has no information on the specific measures taken to protect HIV/AIDS orphans from being engaged in the worst forms of child labour. The Committee reminds the Government that HIV/AIDS has negative consequences on orphans, who are at greater risk of being engaged in the worst forms of child labour. It therefore requests the Government to take specific time‑bound measures, particularly in the context of the CSN, to protect child HIV/AIDS orphans from the worst forms of child labour and to provide information on the results achieved.

Clause (e). Special situation of girls. With reference to its previous comments, the Committee notes the Government’s indication that, in the context of the TBP, over 900 domestic helpers now have access to literacy and over 3,000 of them have participated in additional training. The Committee further notes that the activities carried out in the context of the TBP have benefited 4,986 girls in total (compared with 3,984 boys), who have accordingly been prevented from being engaged in, or removed from, the worst forms of child labour. The Committee also notes that, according to the technical progress report of 1 September 2009, of the ILO–IPEC support project for the TBP, the PANETEM will offer the Government a good opportunity to determine time-bound objectives while taking into account the special situation of girls. The Committee once again observes that young girls, particularly those engaged as domestic workers, often fall prey to exploitation, which can take many forms, and that it is difficult to supervise their working conditions due to the clandestine nature of the work. It therefore requests the Government to provide information on the measures adopted within the context of the PANETEM to protect these children, particularly against economic and sexual exploitation, and to take into account the special situation of girls.

Part V of the report form. Application of the Convention in practice. In its previous comments, the Committee noted that, according to the national survey report on child labour of 2005, around two out of three children between the ages of 5 and 17 years are economically active in Mali, or just over 3 million girls and boys throughout the country, with the phenomenon affecting both girls (60 per cent) and boys (65 per cent) in rural areas (71 per cent of children between the ages of 5 and 17 years) and urban areas (63 per cent of children between 5 and 17 years of age). The Committee notes the Government’s indication that 35,000 people have been targeted by awareness-raising activities concerning the trafficking of children in the agricultural and mining and quarries sectors, the informal economy and girls in urban areas. The Government adds that 10,000 children have been removed from or prevented from being engaged in the worst forms of child labour through NGO action financed for that purpose. Furthermore, the Committee notes that, according to the technical progress report of 1 September 2009 of the ILO–IPEC support project for the TBP, three studies are currently being prepared:

(a)   a study on the exploitation of child beggars in Mali;

(b)   a study on gender-related issues affecting children, child labour and the worst forms of child labour in mines and quarries: the case of Mali; and

(c)   a subregional study on child labour in the gold panning sector in Mali, Niger and Burkina Faso.

While noting the measures adopted by the Government to combat the worst forms of child labour, the Committee requests it to redouble its efforts to eliminate these worst forms of child labour, which are still a cause for concern in Mali. The Committee also requests the Government to provide the three studies on the worst forms of child labour referred to above once they have been finalized.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. In its previous comments, the Committee noted that children from Mali were taken to Cote d’Ivoire to work on plantations or as domestic workers and that they were subjected to slavery and enforced labour and to deplorable conditions of work, often unpaid. Certain ethnic groups, such as the Bambara, Dogon and Sénoufo, are particularly vulnerable. The Committee noted that according to the UNICEF report published in 2006 on trafficking in human beings, particularly women and children, in West and Central Africa (2006 UNICEF report), Malian children are the victims of trafficking to the following countries: Cote d’Ivoire, Gambia, Guinea, Ghana and Nigeria. The Committee noted that, although the Government has taken several measures to combat the sale and trafficking of children for the exploitation of their labour, the problem still exists in practice, despite its prohibition by section 244 of the Penal Code and section 63 of the Child Protection Code.

The Committee notes the Government’s indication that the only statistics available on the application of national provisions respecting trafficking of children cover children who have been intercepted and repatriated in the framework of measures taken to combat the trafficking of children during the period between 2000 and 2006. In this context, the Committee notes that 565 children (289 girls and 276 boys) were intercepted and 271 children (101 girls and 170 boys) were repatriated during that period. However, the Committee notes that, in the summary prepared by the Office of the High Commissioner for Human Rights in accordance with paragraph 15(c) of the Annex to Human Rights Council Resolution 5/1 of 3 April 2008, the International Federation for Human Rights (FIDH) indicates that, even though no statistics are available, Mali is a transit country for the trafficking of women and children, and it therefore recommends that the Malian authorities strictly apply sections 240 et seq of the Penal Code penalizing the trafficking of children, and improve the assistance provided to children who have been the victims of trafficking (A/HRC/WG.6/2/MLI/3, paragraphs 13–14). The Committee therefore urges the Government to redouble its efforts to ensure in practice the protection of children under 18 years of age against sale and trafficking and to ensure that thorough investigations and robust prosecutions of offenders are carried out and that effective and sufficiently dissuasive penalties are imposed. In this respect, it requests the Government to provide information on the effect given in practice to provisions respecting the sale and trafficking of children for the exploitation of their labour through the provision of statistics on the number of convictions and the penal sanctions imposed.

Forced or compulsory labour. Begging. In its previous comments, the Committee noted that, according to the 2006 UNICEF report, talibé children originating from neighbouring countries, including Mali, are found on the streets of Dakar who have been brought to the city by Koranic teachers (marabouts). These children are kept in conditions of servitude and are obliged to beg daily. The Committee also noted that the 2006 UNICEF report refers to the involvement of marabouts in the trafficking of children for the exploitation of young talibé workers from Burkina Faso in the rice fields of Mali. The Committee noted that the Committee on the Rights of the Child, in its concluding observations of May 2007, expressed concern at the vulnerability of children living in the streets or who are engaged in begging, particularly to all forms of violence, sexual abuse and exploitation, and economic exploitation (CRC/C/MLI/CO/2, paragraph 62). The Committee noted that section 62 of the Child Protection Code defines begging as a sole or main activity of a dehumanizing nature and an obstacle to the rights of the child. It further noted that section 183 of the Penal Code provides that any person inciting a child to beg shall be liable to a sentence of imprisonment of from three months to one year.

In this respect, the Committee notes that in the Report of the Working group on the Universal Periodic Review of Mali of 13 June 2008, the representative of Mali indicated that begging by children in Koranic schools was an infringement of the law (A/HRC/8/50, paragraph 55). The Committee observes that, although the legislation is in conformity with the Convention on this point, the phenomenon of child talibés remains a cause for concern in practice. The Committee expresses serious concern at the use of these children for purely economic purposes. It requests the Government to take the necessary measures to enforce the national legislation on begging and to punish marabouts who use children for purely economic purposes. The Committee also requests the Government to indicate the effective and time-bound measures taken to prevent young persons under 18 years of age from becoming victims of forced or compulsory labour, including begging, and to protect these children against forced labour and ensure their rehabilitation and social integration.

Article 5. Monitory mechanisms. Monitoring committees. In its previous comments, the Committee noted that, in the context of the implementation of the ILO–IPEC–LUTRENA project to prohibit and eliminate the sale and trafficking of children, local monitoring committees to combat child trafficking have been set up in the circles of Kangala, Bougouni, Kolondiéba and Koutiala. The Committee notes that, according to the final technical progress report of ILO–IPEC of March 2008 on the LUTRENA project, 344 monitoring committees are now operational in Mali. The Committee notes the Government’s indication that the principal role of these committees is to identify potential victims of child trafficking, indicate cases in which children are the victims of trafficking and collect and disseminate data on the trafficking of children. The Committee notes with interest that, since 2005, monitoring committees have intercepted and repatriated 730 child victims of trafficking and apprehended four persons who are presumed to be guilty of the trafficking of children. The Committee requests the Government to continue providing information on the number of children who are prevented from becoming victims of trafficking or are removed from trafficking for labour exploitation as a result of the activities of monitoring committees.

National Committee to Follow-up Programmes to Combat the Trafficking of Children. The Committee notes the Government’s indication that the National Committee to Follow-up Programmes to Combat the Trafficking of Children in Mali (CNS) is responsible for evaluating the action taken in the context of the implementation of programmes to combat the trafficking of children, for following the implementation of cooperation agreements to combat the trafficking of children signed by Mali and for learning from the experience acquired in this field to take responsibility for child victims of trafficking. However, the Government indicates that, since it was established in 2006, the CNS has not been operational, thereby creating a gap in the coordination of action to combat the trafficking of children in Mali. To overcome this problem, three meetings have been planned between September and November 2009, at which the programme and action of the CNS will be determined and the annual work‑plan for 2010 adopted. The Committee requests the Government to redouble its efforts to ensure that the CNS becomes operational and contributes to combating the trafficking of children in Mali. It requests the Government to provide information on the activities carried out by the CNS and their impact on the elimination of the trafficking of children for labour exploitation.

Article 7, paragraph 2. Effective and time-bound measures. With reference to its previous comments, the Committee notes with interest that, according to the ILO–IPEC final technical progress report of March 2008 on the LUTRENA project, a total of 36,160 children in West and Central Africa benefited from the activities carried out in the context of the project. The Committee notes that 26,576 children (11,791 girls and 14,785 boys) who were at risk were prevented from becoming victims of trafficking and 9,584 children (4,317 girls and 5,267 boys) were removed from trafficking. The Committee also notes that in Mali 21,195 children attended the model lessons provided by teachers on the issue of the trafficking of children.

Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and assistance to remove them from these worst forms of child labour. 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 LUTRENA project, 37,532 children (13,151 girls and 24,381 boys) were covered by awareness-raising activities relating to the trafficking of children and its consequences. The Government adds that, through an information caravan carried out in 2007, 5,658 children were covered by awareness-raising activities on the trafficking of children for labour exploitation in agriculture. The Committee also notes with interest the information provided by the Government that 250 child victims of trafficking have been repatriated from Cote d’Ivoire and are now engaged in income-generating activities in Mali, and that 3,830 children (1,851 girls and 1,979 boys) who were victims of trafficking have been rehabilitated through formal and informal education services, vocational training and income‑generating activities.

The Committee further notes that a sub-regional project to combat the trafficking of children for labour exploitation in West Africa was launched by ILO–IPEC in May 2008 (ILO–IPEC project to combat the trafficking of children). The objectives of the project include strengthening the capacity of the Government, employers and workers to replicate the activities of the LUTRENA project through which children at risk were prevented from becoming victims of trafficking and child victims were removed from trafficking, making use of the methods and good practices developed during the course of the LUTRENA project. The ILO–IPEC project is targeting 4,000 boys and girls, who will be prevented from becoming victims of or removed from trafficking involving hazardous or abusive conditions of work through the provision of educational and non‑educational services. Another objective of the project is to establish a pilot information system on the trafficking of children and to improve the database of the trafficking of children though targeted research and by facilitating networking between sub-regional experts.

However, that Committee notes that, in the summary prepared by the Office of the High Commissioner for Human Rights in accordance with paragraph 15(c) of the Annex to Human Rights Council Resolution 5/1 of 3 April 2008, the FIDH indicates that there are no institutional facilities available in Mali to shelter, offer guidance to or assist young women who have been the victims of trafficking or sexual exploitation (A/HRC/WG.6/2/MLI/3, paragraphs 13–14). The FIDH therefore recommends that the Malian authorities set up care and guidance facilities and provide assistance for the return of girls who are victims of trafficking. The Committee requests the Government to provide information on the measures adopted in the context of the ILO–IPEC Project to combat the trafficking of children with a view to preventing young persons under 18 years of age from falling victim to sale and trafficking and to remove child victims from this worst form of child labour. It also requests the Government to envisage the establishment of care and guidance facilities and the provision of assistance for the return of child victims of trafficking, as recommended by the FIDH, with a view to ensuring their rehabilitation and social integration. The Committee requests the Government to provide information on any progress achieved in this respect.

Access to free basic education. In its previous comments, the Committee noted that, according to the report on the national survey of child labour carried out in 2005, 41 per cent of children between the ages of 5 and 14 years were engaged in full-time economic activity, 25 per cent combined work and studies and 17 per cent went to school only. The net enrolment rate for primary school (7–12 years) in 2004–05 was 56.7 per cent (48.9 per cent for girls and 64.8 per cent for boys), compared with 20.6 per cent for secondary school (13–15 years) (15.4 per cent for girls and 26 per cent for boys).

The Committee notes the information provided by the Government in its report under the Minimum Age Convention, 1973 (No. 138), according to which the National Education Statistical Yearbook indicates that, for the 2007–08 school year the gross enrolment rated in primary school (7–12 years) was 80 per cent, or 70.7 per cent for girls and 89.5 per cent for boys, while that for secondary school (13–15 years) was 46.8 per cent (36.6 per cent for girls and 57.3 per cent for boys). The Committee notes that Mali is one of the 11 countries involved in the implementation of the ILO–IPEC project “Tackle child labour through education” (ILO–IPEC TACKLE project), the principal objective of which is to contribute to poverty reduction in the least developed countries by providing equitable access to primary education and developing the knowledge of the most underprivileged categories of society. According to the activity report of the ILO–IPEC TACKLE project in Mali of October 2009, several measures and programmes of action have been implemented in support of the school attendance of children engaged in work at an early age. Furthermore, an integrated framework to cover the educational needs of the most vulnerable categories of children is currently being formulated with the objective of integrating these needs into Phase III of the Sectoral Investment Programme for the Education Sector (PISE).

The Committee takes due note of the measures adopted by the Government in the field of education. However, it notes that, according to the 2008 Education for All Global Monitoring Report published by UNESCO under the title “Education for All by 2015: Will we make it?”, although substantial progress has been made in the field of education, Mali still has little chance of the objective of universal primary education by 2015, and will probably not achieve gender parity in 2015 or 2025. The Committee also observes, that, according to the national report submitted in accordance with paragraph 15(a) of the Annex to Human Rights Council Resolution 5/1 of 14 April 2008, despite the progress made over the past ten years with regard to the realization of the right to education, many problems and challenges still need to be addressed, including raising enrolment rates, inequality of opportunity between girls and boys and the uneven geographical distribution of schools (A/HCR/WG.6/2/MLI/1, paragraph 69). Considering that education contributes to preventing children from being engaged in the worst forms of child labour, the Committee requests the Government to redouble its efforts to improve the functioning of the education system in the country, particularly by increasing school attendance and reducing school drop-out rates, affording particular attention to girls so that they benefit from the same opportunities of access to education as boys. It requests the Government to continue providing information on the results achieved.

Article 8. Cooperation. Regional cooperation. In its previous comments, the Committee noted that the Government had signed bilateral cooperation agreements on the cross-border trafficking of children with Burkina Faso, Côte d’Ivoire, Guinea and Senegal. It also noted that in addition to the Multilateral Cooperation Agreement to Combat Child Trafficking in West Africa, signed in July 2005, Mali also signed the Abuja Multilateral Cooperation Agreement in 2006. The Committee noted that mobile security brigades had carried out patrols in the border regions between Mail and Burkina Faso, Cote d’Ivoire and Senegal.

The Committee notes the Government’s indication that, in the context of the bilateral treaty signed between Guinea and Mali, a Koranic master from Guinea was intercepted with children from Guinea, who were repatriated. It also notes that, in the context of the ILO–IPEC project to combat the trafficking of children, it is planned to reinforce the application of the bilateral and multilateral treaties signed by Mali. However, the Government indicates that, although the countries which have signed agreements with Mali meet periodically, they are more dynamic in their activities in the national territory than in terms of mutual international assistance. The Committee observes that, in the Report of the Working Group on the Universal Periodic Review of Mali of 13 June 2008, the representative of Mali noted that, with regard to trafficking in children, the main difficulties stemmed from the cross-border nature of the phenomenon (A/HRC/8/50, paragraph 54). The Committee therefore requests the Government to take measures to reinforce the application of the bilateral and multilateral treaties signed by Mali so as to contribute to the elimination of the trafficking of children for labour exploitation or for sexual exploitation. It expresses the firm hope that, in the context of these agreements, measures will be taken to increase the numbers of land, maritime and air border police officers, particularly through the establishment of joint frontier patrols and the opening of transit centres near these frontiers.

Poverty reduction. The Committee previously noted that a PRSP had been adopted, in the context of which the problem of child labour was taken into account as a cross-cutting issue and placed in the overall framework of improving the situation of children and the role of the family. The Committee notes that, according to the national report submitted in accordance with paragraph 15(a) of the Annex to Human Rights Council Resolution 5/1 of 14 April 2008, the second generation of this framework, known as the Growth and Poverty Reduction Strategy Framework (GPRSF), covering the period 2007–11, is currently being implemented (A/HCR/WG.6/2/MLI/1, paragraph 58). It also notes that the first National Forum on Child Poverty and Social Security was held in Bamako from 12–14 May 2009. The Committee further notes that a National Action Programme for Employment to Reduce Poverty (PNA/ERP) has been formulated and that a Decent Work Country Programme (DWPC) is currently being prepared. Considering that poverty reduction programmes help to break the circle of poverty, the Committee requests the Government to take measures in the context of the implementation of the GPRSF, PNA/ERP and the DWCP to eliminate the worst forms of child labour, with particular reference to the effective reduction of poverty among children who are the victims of sale, trafficking and forced begging. It requests the Government to provide information on any progress achieved in this respect.

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

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution. In its previous comments, the Committee noted that section 229 of the Penal Code, under which inciting or enticing a girl or a woman, even with her consent, to debauchery or forcing her to engage in prostitution, are punishable offences, applies only to female children. It requested the Government to take the necessary steps to bring the legislation into line with the Convention and to protect boys from sexual exploitation, particularly prostitution. The Committee notes that the Government’s undertaking to study the matter and take appropriate measures, in accordance with Article 3(b) of the Convention. The Committee reminds the Government that this provision applies to both girls and boys under 18 years of age, and expresses the firm hope that, in accordance with Article 1 of the Convention, the Government will take the necessary measures to prohibit the use, procuring or offering of boys under 18 years of age for prostitution. It requests the Government to report any progress made in this matter.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee noted previously that Act No. 1986/18 on the punishment of offences involving poisonous substances and narcotics prohibits the cultivation, production, offering and sale of drugs. It reminded the Government that what Article 3(c) of the Convention covers is the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs, and asked it to indicate the measures taken to prohibit this worst form of child labour. The Committee notes the Government’s indication that it will very shortly give consideration to studying this matter. It reminds the Government that, according to Article 1 of the Convention, it must take immediate and effective measures to ensure the prohibition and elimination of the worst forms of child labour as a matter of urgency, and expresses the firm hope that the Government will examine this matter in the near future. Please provide information on any progress made.

Article 4, paragraph 1. Determination of types of hazardous work. The Committee notes from the information sent by the Government that a study has been conducted for the purpose of establishing a list of types of work that are hazardous for children. The Committee requests the Government to send this list as soon as it is ready and to provide information on the consultations held with employers’ and workers’ organizations, in accordance with the provisions of this Article.

Article 5. Monitoring mechanisms. With reference to its previous comments, the Committee observes that the Government has not sent extracts of the labour inspection report. It hopes that it will send these at the earliest possible date.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes with interest that Mali has launched a Time-bound Programme (TBP) against the worst forms of child labour in collaboration with the ILO/IPEC. It is a four-year programme and its objectives include strengthening the legal framework, regular education and vocational training, consolidating technical and institutional capacity, undertaking direct action for children and their families, and raising awareness among the population and the various players concerned by child labour. The main sectors for TBP action are to be mines and quarries, agriculture and the craft industries, sexual exploitation of children, the urban informal economy and domestic work; child trafficking and HIV/AIDS will likewise be addressed as cross-cutting issues.

Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and assistance for removing them therefrom. TBP. The Committee notes that, according to the ILO/IPEC reports on the TBP, more than 9,000 children who have fallen prey to the worst forms of child labour covered by the project, and 1,800 high-risk families, are to be the programme’s beneficiaries. The Committee requests the Government to provide information on the measures taken in the course of the TBP to: (a) prevent children from becoming victims of the worst forms of child labour covered by the projects; and (b) provide for the necessary and appropriate assistance to remove children from these worst forms of child labour and ensure their rehabilitation and social integration. The Committee also asks the Government to provide information on the results obtained.

Clause (d). Identifying and reaching out to children at special risk. HIV/AIDS. The Committee notes that, according to the Report on the global AIDS epidemic, published by the Joint United Nations Programme on HIV/AIDS (UNAIDS) in May 2006, around 94,000 Malian children are orphans because of the virus. It further notes from a UNAIDS report of December 2006 that the epidemic seems to be growing in Mali. The Committee observes that HIV/AIDS has adverse consequences for orphans because they run more risk of being engaged in the worst forms of child labour. It therefore asks the Government to spare no effort in reducing the incidence of this epidemic in Mali by preventing its spread. Since the TBP will be dealing with HIV/AIDS as a cross-cutting issue, the Committee further requests the Government to provide information on specific measures taken under the programme to protect HIV/AIDS orphans from being engaged in the worst forms of child labour.

Clause (e). Special situation of girls. With reference to its previous comments, the Committee notes the Government’s information that under the ILO/IPEC project, more than 215 girl domestics have undergone vocational training in cookery, soap making and dyeing in centres run by Enda Mali; more than 500 household helps now have access to literacy training and more than 600 have taken part in additional IEC (information, education and communication) training. The Committee observes that girls, particularly those engaged as domestic workers, often fall prey to exploitation, which can take many forms, and that it is difficult to supervise their working conditions because such work is illegal. It strongly encourages the Government to step up efforts to protect these children, particularly against economic and sexual exploitation, and to provide information on the measures taken to this end under the TBP.

Part V of the report form. Application of the Convention in practice. With reference to its previous comments, the Committee takes note of the national survey on child labour carried out in 2005 by the National Statistics and Information Department, in collaboration with the National Labour Department and the ILO/IPEC–SIMPOC. According to the abovementioned report, two children out of three aged from 15 to 17 years are economically active, i.e. just over 3 million girls and boys countrywide, and both girls (69 per cent) and boys (65 per cent) are affected in rural areas as well as in towns. The Committee notes that the trend is more marked in rural areas (71 per cent in the 5–17 age group) than in urban areas (63 per cent for the 5–17 age group). It further notes that in the 5 to 17 age group, seven out of ten children are economically active. Agriculture is the sector where there is most child labour (around one child out of six). While noting that the TBP will address mines and quarries, agriculture and the craft industries, the sexual exploitation of children, the urban informal economy and domestic work, the Committee notes that child labour in Mali, including its worst forms, is a matter of some concern and requests the Government to step up efforts to eliminate its worst forms. It also asks the Government to continue to provide statistics and other information on the nature, extent and trends of the worst forms of child labour, the number of children protected by the measures giving effect to the Convention, the number and nature of offences, the investigations held, the legal action taken, and the sentences and penalties applied. As far as possible, the information supplied should be disaggregated by sex.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee takes note of the Government’s report. It takes due note of the information on the measures the Government has taken under the ILO/IPEC–LUTRENA project to prohibit and abolish the sale and trafficking of children, in particular through advocacy and training on child trafficking, inter alia, by means of instructional discussions and films.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. In its previous comments, the Committee noted that the Government informed the Committee on the Rights of the Child that Malian children had been taken to Côte d’Ivoire to work in plantations or as domestic servants and that they were subjected to deplorable ccworking conditions and were often unpaid. Some ethnic groups, such as the Bambara, Dogon and Senufo, were particularly vulnerable. The Committee took note of the Government’s efforts to combat child trafficking but observed that, despite all endeavours, the Committee on the Rights of the Child had expressed concern at the trafficking of Malian children to other countries in the region, particularly Côte d’Ivoire, and at their subjection to slavery and forced labour (CCPR/CO/77/MLI, 16 April 2003, paragraph 17). The Committee further noted that although section 244 of the Penal Code and section 63 of the Code on the Protection of Children prohibited child trafficking, in practice it was still a problem.

The Committee notes that according to a report published by UNICEF in 2006 on trafficking in human beings, particularly women and children, in West and Central Africa, Malian children are trafficked in the following countries: Côte d’Ivoire, Gambia, Guinea, Ghana and Nigeria. The Committee again observes that although the Government has taken several measures to combat the sale and trafficking of children for the purpose of using their labour, the problem still exists in practice. The Committee again expresses deep concern at the situation of Malian children who fall prey to trafficking and encourages the Government to step up efforts to remedy it and to take the necessary measures in the immediate future to eliminate the trafficking of children for the purpose of using their labour. The Committee requests the Government to provide information on the effect given to the provisions in the national legislation that deal with trafficking, including statistics on the number and nature of offences reported, the investigations held, the prosecutions, convictions and penalties applied.

2. Forced or compulsory labour. Begging. The Committee notes that, according to the UNICEF 2006 report, Talibé children who originate from bordering countries, including Mali, and whom Koranic teachers (marabouts) have brought to the city can be found in the streets of Dakar. These children find themselves in conditions of servitude and are obliged to beg daily. The report also mentions the involvement of marabouts in child trafficking in which young Talibé workers from Burkina Faso are exploited in the rice fields of Mali. They are placed with large-scale farmers who hand over the children’s pay to the marabouts. The Committee further notes that in its concluding observations of May 2007 (CRC/C/MLI/CO/2, paragraph 62), the Committee on the Rights of the Child noted the efforts undertaken by Mali to reduce child begging by, among others, providing vocational training programmes for child beggars. It nonetheless expressed concern at the growing number of street children and child beggars, referred to as garibous, who are pupils under the guardianship of marabouts. The Committee on the Rights of the Child likewise expressed concern at their vulnerability, in particular to violence, sexual abuse and exploitation and economic exploitation.

The Committee notes, that according to section 62 of the Code on the Protection of Children, begging as a sole or main activity is dehumanizing and an obstacle to the fulfilment of children’s rights. The Committee further notes that according to section 183 of the Penal Code, anyone inciting a child to beg shall be punished by a term of imprisonment of from three months to one year. The Committee is most concerned at the use of children by certain marabouts, for purely economic ends, i.e. as a source of labour. The Committee requests the Government to take the necessary measures to enforce the legislation on begging and to punish marabouts who use children for purely economic ends. It also asks the Government to indicate the effective and time-bound measures it has taken to protect these children from forced labour and to ensure their rehabilitation and social integration.

Article 5. Monitoring mechanisms. 1. Monitoring committees. The Committee notes the information from the Government that under the LUTRENA project, local monitoring committees (CLVs) to combat child trafficking have been established in the circles of Kangala (Koulikoro region), Bougouni, Kolondiéba and Koutiala (Sikasso region) and others have been reinforced. The Committee requests the Government to provide information on the activities of the CLVs, including extracts from reports or documents, together with the results obtained by the CLVs in preventing the trafficking of children under 18 years of age.

2. National task force to combat child trafficking. The Committee notes that according to the activity reports of the ILO/IPEC on the LUTRENA project, a national task force has been set up to combat child trafficking. It requests the Government to provide information on the working of the task force, including reports on their activities.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes with interest the Government’s efforts to implement the ILO/IPEC–LUTRENA project. It notes in particular from the ILO/IPEC reports on the project that since the project was launched in 2001, more than 26,730 children have benefited from it. Of these, 14,790 have been withdrawn from this worst form of child labour and 11,940 have been prevented from being employed therein. It also notes that between September 2006 and March 2007, 92 children were rescued from child trafficking and have received education and training.

Clauses (a) and (b). Preventing children from being engaged in the worst forms of child labour and assisting their removal. 1. Sale and trafficking of children. With reference to its previous comments, the Committee takes due note of the information sent by the Government on the implementation of the LUTRENA project in Mali. It notes in particular that, within the framework of the project, more than 3,830 children (1,851 girls and 1,979 boys) have been reintegrated through formal or informal education, vocational training and income-generating activities. Furthermore, three reception and transit centres for victims of child trafficking have been created at Sikasso, Sögou and Mopti. Income-generating activities have been undertaken for the benefit of 30 children and 1,076 parents (422 women and 654 men). Lastly, more than 1,500 social intermediary workers are engaged in identifying children and possible child traffickers, alerting the security services to suspicious persons and informing parents and children about procedures for children travelling abroad. The Committee requests the Government to continue to provide information on the measures taken under the LUTRENA project to prevent children under 18 years of age from falling prey to sale or trafficking and to remove children from this worst form of child labour. It also asks the Government to provide information on: (1) the number and location of reception centres for trafficked children that have been set up in Mali to take in trafficked children; (2) the programmes providing specific medico-social monitoring which have been drawn up and implemented for child victims of trafficking.

2. Access to free basic education. In previous comments, the Committee noted with interest that the Government had set up a Ten-Year Education Development Programme (PRODEC), the aim of which was to increase the primary school enrolment rate to 95 per cent by the year 2010 and at the same time improve learning, girls’ education, health and hygiene standards. The Committee notes the Government’s information that a Medium-Term Expenditure Framework (MTEF) has been planned and should allow capacity building for running PRODEC in liaison with the aims of the Poverty Reduction Strategy Paper (PRSP) and the Millennium Development Goals (MDGs). It also notes the Government’s information that there have been significant results in girls’ enrolment, informal education, specialized education and the allocation of funds to education. Furthermore, 1,880 teachers have been recruited for the two stages of primary education and school textbooks have been bought and distributed.

The Committee notes, however, that according to a national survey on child labour conducted in 2005, 41 per cent of children aged from 5 to 14 years engage in a full-time economic activity, 25 per cent combine work and studies and 17 per cent go only to school. The net enrolment rate for the first stage (7–12 years) for 2004–05 was 56.7 per cent (48.9 per cent for girls and 64.8 per cent for boys), and for the second stage (13–15 years) was 20.6 per cent (15.4 per cent for girls and 26 per cent for boys). The Committee also notes that in its concluding observations of May 2007 (CRC/C/MLI/CO/2, paragraph 60), the Committee on the Rights of the Child expressed concern at the high child illiteracy rates, the low level of qualification of teachers and the low number of teachers, the high pupil‑to-teacher ratio, the insufficient number of adequate installations, the high drop-out and repetition rates, particularly of girls, the lack of information on vocational training and the type of education given in Koranic schools. Despite the Government’s efforts, the Committee is deeply concerned at the persistently low rates of school enrolment. Considering that education contributes to preventing children from being engaged in the worst forms of child labour, the Committee strongly encourages the Government to step up efforts to improve the working of the education system, in particular by improving school enrolment rates and reducing the drop-out rates, particularly of girls, and by taking measures to integrate Koranic schools into the national education system. It requests the Government to provide information on the results obtained.

Article 8. Cooperation. 1. Regional cooperation. With reference to its previous comments, the Committee notes that the Government has signed bilateral cooperation agreements on cross-border trafficking in children with Burkina Faso, Côte d’Ivoire, Guinea and Senegal. It also notes that, as well as the Multilateral Cooperation Agreement to Combat Child Trafficking in West Africa, signed in July 2005, Mali signed the Abuja Multilateral Cooperation Agreement in 2006. It notes that, according to the Government, the mobile security brigades have carried out patrols in the border regions between Mali and Burkina Faso, Côte d’Ivoire and Senegal. Furthermore, according to the ILO/IPEC activity reports for 2007 on the LUTRENA project, standing committees to oversee the multilateral agreements between Mali and Burkina Faso and Mali and Guinea met in November 2006. They recommended in particular: the organization of advocacy campaigns on both sides of the border in the regions concerned, the adoption of identical travel documents and the development of a joint handbook of procedures for repatriation and rehabilitation measures. The Committee requests the Government to state whether, in the implementation of these agreements, there have been exchanges of information with other signatory countries allowing: (1) persons working in child trafficking networks to be apprehended and arrested; (2) children trafficked in border areas to be detected and intercepted.

2. Poverty reduction. The Committee notes the information from the Government that a Poverty Reduction Strategy Paper (PRSP) has been adopted and that it takes account of child labour problems as cross-cutting issues, placing them in an overall framework for improving the situation of children and enhancing the role of the family. Noting that poverty reduction programmes contribute to breaking the poverty cycle, the Committee requests the Government to provide information on the measures it has taken in implementing the PRSP to eliminate the worst forms of child labour, and particularly to secure the effective reduction of poverty among children who are sold and trafficked and subjected to forced begging.

The Committee is addressing a request concerning other points directly to the Government.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Article 3 of the Convention. The worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Enlistment in the armed forces. In its previous comments, the Committee noted that, under section 1 of Act No. 87-48 on the requisitioning of persons, services and goods, the administrative authority may identify and requisition persons only in the instances provided for in the General Organization of Defence Act and the State of Emergency Act. It also noted that sections 17 and 50(j) of the Code on the Protection of the Child of 5 June 2002 provide that children shall enjoy all the safeguards of international humanitarian law set out in ratified Conventions. It is therefore prohibited for a child to be made to participate in or be involved in armed conflict, or to enlist a child in the armed forces or other armed groups before the age of 18 years.

The Committee notes with interest the Government’s indications that the prohibition established in section 17 of the Code on the Protection of the Child is an absolute prohibition. No child may be involved in an armed conflict or enlisted in armed forces or groups before reaching the age of 18 years.

Clause (b). The use, procuring or offering of a child for prostitution. The Committee noted previously that, under section 57 of the Code on the Protection of the Child, the subjection of a child, whether a boy or a girl, to acts of prostitution, whether for payment or free of charge, directly or indirectly, is deemed to constitute sexual exploitation. It also noted that, under the terms of section 229 of the Penal Code, any person who, for the purpose of satisfying the passions of others, incites or entices a girl or a woman, even with her consent, to debauchery, or forces her to engage in prostitution, shall be liable to a penalty of imprisonment or a fine. The Committee observed that this provision applies only to female children and requested the Government to indicate the measures adopted or envisaged to protect boys from sexual exploitation, and particularly prostitution.

The Committee notes the Government’s indications that no measures have been taken to extend the protection afforded by the legislation to boys. The Committee recalls that Article 3(b) of the Convention provides that the use, procuring or offering of a child (irrespective of sex) for prostitution is one of the worst forms of child labour and that, by virtue of Article 1 of the Convention, immediate and effective measures must be taken to secure the prohibition and elimination of that form of child labour as a matter of urgency. The Committee therefore requests the Government to take the necessary measures to bring the legislation into conformity with the Convention.

Clause (c). The use, procuring or offering of a child for illicit activities. The Committee noted previously that Act No. 1986/18 concerning the punishment of offences involving poisonous substances and narcotics prohibits the cultivation, production, offering and sale of drugs. The Committee notes the Government’s indications that the provisions of the Act are of a general nature and therefore apply to children. The Committee recalls that Article 3(c) of the Convention provides that the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs, is one of the worst forms of child labour. The Committee therefore requests the Government to indicate the measures adopted or envisaged to prohibit the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs.

Article 3(d) and Article 4, paragraph 1. Hazardous types of work. The Committee noted previously that, under the terms of section D.189-14 of Decree No. 96-178, adopted under the Act of 23 September 1992 issuing the Labour Code, it is prohibited to employ children under 18 years of age in work which exceeds their strength, constitutes a source of danger or which, by its nature or the circumstances in which it is carried out, is likely to jeopardize their morals. It also noted with interest that the Labour Code contains, pursuant to section D.189-31 of Decree No. 96-178, a detailed list of types of work considered to be dangerous and prohibited for young persons under 18 years of age, which is annexed to Schedule A. Furthermore, it noted that a list indicating the establishments in which the employment of children is authorized under certain conditions is contained in Schedule B, which is appended to the Labour Code pursuant to section D.189-31 of Decree No. 96-178. The Committee notes with interest the Government’s indications that the determination of the types of work listed in Schedule B, as appended to the Labour Code, was carried out taking into account Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999.

Article 4, paragraph 2. Identification of where hazardous types of work exist. The Committee notes the Government’s indications that the identification of where hazardous types of work exist can only be undertaken during supervisory visits carried out by the labour inspectorate jointly with occupational physicians who have in-depth knowledge of hazardous products. It therefore requests the Government to provide information on the supervisory visits carried out by the labour inspectorate and occupational physicians and on their conclusions in terms of identifying hazardous types of work.

Article 4, paragraph 3. Periodical examination and revision of the list of hazardous types of work determined. The Committee noted previously with interest that, in accordance with Article 4, paragraph 3, of the Convention, section D.189-9 of Decree No. 96-178, issued under section L189 of the Labour Code, provides that Schedules A and B, annexed to the Decree, may be supplemented as and when necessary by orders of the Minister of Labour. It notes the Government’s indications that no modification has been made. The Committee requests the Government to continue providing information on the revision of the lists and to supply, where appropriate, any revised list.

Article 5. Mechanisms to monitor the implementation of the provisions giving effect to the Convention. The Committee noted previously that the labour inspectorate was responsible for monitoring the implementation of the provisions giving effect to the Convention, particularly by inspecting enterprises following complaints and carrying out unannounced visits, and by checking the ages of workers on employers’ registers, as well as the types of work performed. The Committee however noted that the labour inspectorate in Mali was not effective in view of the various factors indicated by the Committee under the Labour Inspection Convention, 1947 (No. 81). Indeed, the Committee noted with concern that the remuneration of the staff of the inspection services was derisory and that "such a situation was contrary to the obligation for inspectors not to have any interest in the enterprises under their supervision and to the exercise of the authority needed for the discharge of inspection duties". It also noted that the training of labour inspectors was almost non-existent and that the resources made available to them were inadequate (clearly inadequate staff numbers, working conditions and material resources; dilapidated, undersized, unhealthy and unequipped premises; complete lack of documentation). The Committee noted in particular the irregular nature of inspections, the shortcomings of the public transport system and the absence of any transport facilities for the professional travel of labour inspectors, and the lack of any arrangements for the reimbursement of their travelling and incidental expenses. The Government also indicated that the derisory level of fines for violations of the labour legislation meant that prosecution served no purpose.

The Committee notes the Government’s indications that focal points have been established in each regional labour inspectorate and that they have been provided, through the ILO/IPEC programme, with transport facilities so that they can inspect establishments likely to employ children. The Government adds that employers’ and workers’ organizations were consulted on the implementation of the various measures adopted to combat the worst forms of child labour. Noting that, contrary to the Government’s indications, extracts of the labour inspection report have not been supplied to the ILO, the Committee hopes that the Government will provide copies as soon as possible.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee previously noted with interest that Mali had introduced a national programme to combat child labour in 1998 with the technical support of ILO/IPEC. It also noted that, on 9 January 2001, the Government signed a second Memorandum of Understanding with ILO/IPEC with a view to strengthening the capacity of the Government and the social partners to design and implement policies and programmes to prevent the premature engagement of children in work, abolish child labour in the most dangerous activities and the most serious exploitative situations, and offer viable alternatives to the children and their families.

The Committee notes with interest the Government’s indications that a study carried out by the ILO/IPEC programme shows that, since the launching of the IPEC programme (adopted following the signature of the Memorandum of Understanding in 2001), some 2,807 children (2,407 boys and 400 girls) have been removed from exploitative work. According to the same report, between January 2001 and June 2005, some 1,307 children were removed from the worst forms of child labour in the agricultural and mining sectors and the informal economy. Over the same period, some 3,050 families and children benefited from vocational recycling measures and 1,500 children benefited from improved legal protection. The Government adds that the programme is still being implemented and that it targets children working in rural areas, on gold-panning sites, apprentices in the informal economy and young girls working in urban areas. The Committee requests the Government to continue providing information on the implementation of this programme, and particularly on its results.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Measures to prevent the engagement of children in the worst forms of child labour. 1. Access to free basic education. The Committee previously noted the Government’s indications that, in accordance with Decree No. 314, children in Mali are obliged to attend school. Noting that a copy of this Decree has not been provided, the Committee once again requests the Government to provide a copy of this text.

The Committee previously noted with interest that, in 1999, the Government established a Ten-Year Programme for the Development of Education (PRODEC) with the objective of raising the primary school enrolment rate to 95 per cent by 2010 and improving the standards of learning, girls’ education, health and hygiene. The Committee noted the Government’s information that the gross enrolment rate in basic education (first cycle) rose from 47 per cent in 1996-97 to 58 per cent in 1999-2000. The Committee notes with interest that, according to the Government, the gross school attendance rate is continuing to increase and that it reached 67 per cent for boys and 56.4 per cent for girls in 2003. The Committee encourages the Government to continue its efforts to ensure access to free basic education for all children in Mali and to continue providing information on the impact of this project.

2. Measures to raise awareness of the worst forms of child labour. The Committee previously noted the Government’s indications that activities have been undertaken to raise awareness and strengthen institutions targeting of certain specific groups: child workers in rural areas, child workers on gold-panning sites, child apprentices in the informal economy and young girls working in urban areas. It also noted that an integrated programme for the prevention of child labour had been established in the Ségou region (October 2002-December 2003) and that a vocational training course for unemployed young persons had been established. The Committee notes that the Government, with the support of ILO/IPEC, has launched an awareness-raising campaign to inform primary school children about the worst forms of child labour. The Committee requests the Government to continue providing information on the measures adopted to prevent the engagement of children in the worst forms of child labour.

Clause (e). The special situation of girls. 1. Programmes of action relating to the employment of girls. The Committee previously noted the existence of legislative provisions and the establishment of ILO/IPEC projects specifically targeting girls, including: the opening of a reception, support and social centre for girls in domestic service in Bamako; a survey of girls working in hotels, bars and restaurants in the Bamako district; a support project for girls working in the Mopti rural area; and a project for the economic and social reintegration in their places of origin of girls working in the Dansa rural area. It also noted with interest that a support programme for the advancement of women and girls had been established in 1992 by the Government with the collaboration of UNDP and the ILO. Noting the absence of information in the Government’s report, the Committee once again requests the Government to provide information on the implementation of these projects in practice.

2. Education of girls. The Committee noted previously that, in 1990, in view of the low school enrolment rate of girls (25.7 per cent compared with 44.7 per cent for boys), the Government had established a project for the school enrolment of girls. The objective of this project was to increase the enrolment rate of girls, reduce the repeat and drop-out rates and increase the number of women teachers in the first level of basic education. The Committee notes with interest that this project is still being carried out. It also notes that, according to the information provided by the Government, the gross school attendance rate of girls rose from 36 per cent in 1999-2000 to 56.4 per cent in 2003. It requests the Government to pursue its efforts and to continue to provide information on the measures adopted to enable girls to have access to education and on the results achieved.

3. Child domestic workers. The Committee noted previously that, according to the information provided to the Committee on the Rights of the Child, 4,000 girls left rural areas in 2000 to work as domestic servants in towns (HR/CRC/99/48, 1999). Many of the girls work in private households without work contracts. The proportion of young domestic workers covered by the law is fairly low. The Committee noted previously that the Human Rights Committee had expressed great concern at the situation of girl migrants, who leave rural areas to work in domestic service in urban areas and who, according to some sources, work a 16-hour day on average for very low or non-existent wages, and are often subjected to rape, ill-treatment and even prostitution.

The Committee notes the information provided by the Government that the situation of migrant girls has improved substantially since the implementation of the ILO/IPEC programme, the objective of which is to enable these girls to learn to read and write. The Government adds that non-governmental organizations are also active in improving the literacy of migrant girls, or giving shelter to girl domestic servants and placing them with employers with whom they can pursue their development.

Part V of the report form. The Committee previously noted the Government’s indications that there were no reliable statistics on the nature, extent and trends of the worst forms of child labour. The Committee notes with interest that the Government has requested technical assistance from ILO/SIMPOC and that a national survey of child labour is being prepared. The Government indicates that the pilot project has already been carried out. The Committee therefore requests the Government to provide a copy of this statistical study when it is published.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

With reference to its comments under the Forced Labour Convention, 1930 (No. 29), and to Article 3(a) of the Convention which provides that the term "the worst forms of child labour" comprises all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, the Committee considers that the problem of the sale and trafficking of children for sexual or economic exploitation may be examined more specifically in the context of Convention No. 182. It requests the Government to provide information on the following points.

Article 3(a). Sale and trafficking of children. In its previous comments, the Committee noted that, despite the existence of penal provisions and section 63 of the Code on the Protection of the Child, which prohibit the sale and trafficking of children, the situation remained worrying in Mali. It noted the Government’s indications that the National Review Commission, established in 1999 to "implement a national policy to combat the trafficking of children", had noted the existence of trafficking of Malian children in the frontier zone between Mali and Côte d’Ivoire. The Government of Mali had also informed the Committee on the Rights of the Child that Malian children had been taken to Côte d’Ivoire to work in plantations or as domestic servants and that they were subjected to deplorable working conditions and were often unpaid. The Committee also noted that certain ethnic groups, such as the Bambara, Dogon and Senufo groups, are particularly vulnerable. It further noted the efforts made at the regional level to combat the trafficking of children, as Côte d’Ivoire and Mali signed a cooperation agreement in this field in 2000. Despite all these efforts, it noted that the Human Rights Committee "remains concerned by the trafficking of Malian children to other countries in the region, in particular Côte d’Ivoire, and their subjection to slavery and forced labour" (CCPR/CO/77/MLI, 16 April 2003, paragraph 17).

The Committee notes the Government’s indications that the Ministry for the Promotion of Women, Children and the Family has established a National Programme of Action to Combat the Trafficking of Children.

The Committee notes that the trafficking of children still constitutes a problem in practice, despite the fact that trafficking is prohibited by the national legislation. The Committee is therefore bound to express its deep concern at the situation of children who are the victims of trafficking. The Committee recalls that Article 3(a) of the Convention provides that the sale and trafficking of children are among the worst forms of child labour and that, under the terms of Article 1 of the Convention, each Member which ratifies the Convention shall take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee encourages the Government to redouble its efforts to improve the situation and to take the necessary measures as soon as possible to eliminate the trafficking of children for economic exploitation. It also encourages the Government to pay particular attention to the groups of the population most affected by trafficking (the Bambara, Dogon and Senufo) when preparing and adopting measures to address the sale and trafficking of children. Furthermore, it requests the Government to take the necessary measures to ensure that those responsible for violations of the provisions prohibiting the trafficking of children are prosecuted and that sufficiently effective and dissuasive penalties are imposed. Finally, it requests the Government to provide information on the impact of the National Programme of Action to Combat the Trafficking of Children in terms of the removal of children from the worst forms of child labour and the rehabilitation and social integration of the children removed from these worst forms of child labour.

Article 7, paragraph 1, and Part III of the report form. Measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention. The Committee previously noted that sections L314, L318 and L326 of the Labour Code and sections 242 and 243 of the Penal Code established penalties for breaches of the provisions prohibiting the worst forms of child labour. The Government indicated that the first-level court in Sikasso had examined three cases involving the trafficking of children in 2001-02. The Committee notes the Government’s indications that court decisions relating to the application of the provisions giving effect to the Convention have been handed down by the criminal court of the region of Sikasso, but that it has not been able to obtain a copy of these decisions. The Committee requests the Government to provide information on cases involving violations of the provisions giving effect to the Convention and the penalties imposed where it cannot provide copies of the court decisions themselves.

Article 8. Enhanced international cooperation and assistance. 1. Regional cooperation. The Committee notes that the Government is participating in the subregional programme to combat the trafficking of children in West and Central Africa (LUTRENA) which commenced in 2001 with the collaboration of ILO/IPEC and which covers nine countries (Benin, Burkina Faso, Cameroon, Côte d’Ivoire, Gabon, Ghana, Mali, Nigeria and Togo). In 2004, the programme commenced its third phase, which is due to last for three years. The Committee notes the Government’s indications that a multilateral cooperation agreement to combat the trafficking of children in West Africa was signed on 27 July 2005 by the Governments of Benin, Burkina Faso, Côte d’Ivoire, Guinea, Liberia, Mali, Niger, Nigeria and Togo. This agreement provides that the signatories undertake to adopt measures to prevent the trafficking of children, mobilize the necessary resources to combat this phenomenon, exchange detailed information on the victims and those responsible, criminalize and repress any action to facilitate the trafficking of children, develop specific programmes of action and establish a national monitoring and coordination committee. The Committee requests the Government to provide information on the implementation of the LUTRENA programme and on the multilateral agreement signed in 2005 by the States participating in this programme, as well as on the results achieved in relation to the trafficking of children for economic exploitation.

2. Bilateral and multilateral agreements. The Committee noted previously that the countries of West Africa had met in February 2003 to harmonize their national laws and regulations on combating the trafficking of children in French-speaking West and Central Africa. The experts recommended, among other proposals, that the countries adopt specific laws that define and penalize the trafficking of children, harmonize national laws and regulations and promote the conclusion of bilateral or multilateral agreements to combat the trafficking of children. The Committee noted that some of the recommended measures already existed in Mali. The Committee further noted with interest the efforts made by Côte d’Ivoire and Mali, which signed a cooperation agreement on the trafficking of children on 1 September 2000. A standing national committee responsible for monitoring the Mali-Côte d’Ivoire cooperation agreement to combat the cross-border trafficking of children was established by an order of 19 July 2001. The Committee noted that this cooperation already appeared to be producing results, since 500 children who had been victims of trafficking from Mali and Burkina Faso to Côte d’Ivoire were intercepted in 2001 by the Ivorian authorities and returned to their countries of origin.

The Committee notes with interest the Government’s indications that the trafficking of Malian children towards Côte d’Ivoire has greatly diminished. The Government adds that it signed corporation agreements in 2004 and 2005 with its neighbouring countries (Côte d’Ivoire, Burkina Faso, Senegal and Guinea) to combat child labour and trafficking. The Committee requests the Government to continue providing information on the implementation of cooperation agreements to eliminate the trafficking of children and the results achieved.

The Committee is also addressing a request directly to the Government on certain other matters.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee takes note of the information supplied by the Government in its first report. It notes with interest that Mali ratified the Minimum Age Convention, 1973 (No. 138), on 11 March 2002. The Committee requests the Government to provide information on the following matters.

Article 1 of the Convention. Measures to secure the prohibition and elimination of the worst forms of child labour. The Committee notes with interest that in 1997 a department of children’s affairs was created and that on 5 June 2002 Mali adopted Order No. 02-062/P-RM issuing the Code on the Protection of the Child. The Committee notes that Title II of the Order, which deals with the protection of children in danger, provides for the appointment of officials to be responsible for child protection. Such officials act on information provided by any person, including persons held to professional secrecy, and by children themselves, concerning anything which is likely to constitute a threat (section 73).

Article 3. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Enlistment in the armed forces. The Committee notes that under section 1 of Act No. 87-48 on the requisitioning of persons, services and goods, the administrative authority may identify and requisition persons only in the instances provided for in the General Organization of Defence Act and the State of Emergency Act. According to sections 17 and 50(j) of the Code on the Protection of the Child, children enjoy all the safeguards of international humanitarian law cited in ratified Conventions. Children may not be made to participate in or be involved in armed conflict, or enrolled in the armed forces or other armed groups before the age of 18 years. The Committee requests the Government to indicate whether the state of emergency provided for in section 1 of Act No. 87-48 allows waiver of the prohibition, laid down in section 17 of the Code on the Protection of the Child, to make children participate in or to involve children in armed conflict, or to enrol them in the armed forces or other armed groups before the age of 18 years.

2. Trafficking of children. The Committee notes that section 63 of the Code on the Protection of the Child defines the trafficking of children as the transfer of children within and outside a country in conditions which make them a marketable asset for at least one of the persons involved, whatever the purpose of the transfer. All acts involving the procuring, transport, handling and sale of children are deemed to be components of child trafficking. It also notes that child trafficking is punished as a penal offence. The Committee observes that, although Mali has penal provisions prohibiting the sale and trafficking of children, the situation in the country remains worrying. It notes that in its report of 1999 on the application of Convention No. 29, the Government indicated that the National Review Commission established to "implement a national policy to combat the trafficking of children" had noted the existence of trafficking of Malian children in the frontier zone between Mali and Côte d’Ivoire. The Committee also notes that the Government of Mali informed the Committee on the Rights of the Child that a mission had revealed that Malian children had been taken to Côte d’Ivoire to work in plantations or as domestic servants and that they were subjected to deplorable working conditions and often unpaid. It appears that certain ethnic groups are particularly vulnerable: the Bambara, Dogon and Senufo groups. The Committee further notes the efforts being made at the regional level to combat child trafficking, Côte d’Ivoire and Mali having signed on 1 December 2000 a cooperation agreement on child trafficking. The Committee observes that, despite all these efforts, the Human Rights Committee "remains concerned by the trafficking of Malian children to other countries in the region, in particular Côte d’Ivoire, and their subjection to slavery and forced labour" (CCPR/CO/77/MLI, 16 April 2003, paragraph 17). The Committee reminds the Government that it should eliminate the trafficking of children and increase its efforts to this end as a matter of urgency. It therefore invites the Government to pay particular attention to the groups most affected by this trafficking (Bambara, Dogon and Senufo), in preparing and adopting measures against the sale and trafficking of children. The Committee also requests the Government to communicate information as to measures taken or envisaged to bring its practice into conformity with the legislation and the Convention.

Clause (b). The use, procuring or offering of a child for prostitution. The Committee notes that under section 57 of the Code on the Protection of the Child, the subjection of a child, whether a boy or a girl, to acts of prostitution whether for payment or free of charge, directly or indirectly, is deemed to constitute sexual exploitation. Section 229 of the Penal Code imposes a penalty of imprisonment or a fine on anyone who, for the purpose of satisfying the passions of others, incites or entices a girl or a woman, with or without her consent, to debauchery or forces her to engage in prostitution. The Committee observes that this provision applies only to female children, whereas Article 3(b) of the Convention covers all children, whether boys or girls. The Committee therefore asks the Government to indicate the measures taken or envisaged to bring the national legislation into conformity with the Convention on this point.

Clause (c). The use, procuring or offering of a child for illicit activities. The Committee takes note of Act No. 1986/18 concerning the punishment of offences involving poisonous substances and narcotics under which the cultivation, production, supply and offering for sale of narcotics are prohibited. The Committee recalls that, according to Article 3(c) of the Convention, the term "the worst forms of child labour" includes the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee requests the Government to indicate the measures taken or envisaged to ensure that the prohibition of this form of child labour covers all persons under 18 years of age.

Clause (d). Hazardous work. The Committee notes that section D.189-14 of the Labour Code prohibits the employment of children under 18 years of age in work which exceeds their strength, constitutes a source of danger or, by its nature or the circumstances in which it is carried out, is likely to jeopardize their morals. This prohibition applies to agricultural, commercial or industrial, public or private, religious or secular establishments, even where the object of such establishments is vocational training or charity, and applies also to family enterprises or individual households.

Article 4, paragraph 1. Determination of dangerous work. The Committee notes with interest that pursuant to section D.189-31, the Labour Code gives a detailed list in an appendix, "table A", of tasks which are deemed to be dangerous and which may not be performed by children. It also notes that the establishments in which the employment of children is authorized in certain circumstances are listed in table B, also appended to the Labour Code pursuant to section D.189-31. The Committee recalls that Article 4, paragraph 1, of the Convention provides that the types of work referred to under Article 3(d) must be determined by national laws or regulations, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). Paragraph 3 of the Recommendation indicates that, in determining the types of work referred to under Article 3(d) of the Convention, consideration should be given, inter alia, to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, underwater, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in an unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels, or vibrations damaging to their health; (e) work under particularly difficult conditions such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer. The Committee requests the Government to indicate whether, in determining the types of work to be included in table B, appended to the Labour Code, account was taken of Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190).

Paragraph 2. Identification of hazardous work. The Committee recalls that under Article 4, paragraph 2, of the Convention the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the types of work determined as dangerous exist. It requests the Government to indicate the measures taken or envisaged to locate types of work so determined and to provide information on the results.

Paragraph 3. Periodical examination and revision of the list of types of work determined as dangerous. The Committee notes with interest that, pursuant to Article 4, paragraph 3, of the Convention, section D.189-9, which applies section L189 of the Labour Code, provides that appendices tables A and B may be supplemented as and when necessary by orders of the Minister of Labour. The Committee requests the Government to provide information on the revision of the lists and to provides copies of any revised lists.

Article 5. Mechanisms to monitor the implementation of the provisions giving effect to this Convention. The Committee notes the information supplied by the Government in its report to the effect that there is no specific mechanism to monitor the implementation of the provisions giving effect to the Convention. It further notes that a traditional system of labour inspection supervises the application of the Convention by means of visits to enterprises and by checking the ages of workers on the employers’ registers and the jobs in which they are employed, by unannounced visits and by complaints. The Committee notes, however, that the efficiency of labour inspection in Mali is impaired by a number of factors, which the Committee has noted under the Labour Inspection Convention, 1947 (No. 81). In the comments it made in that connection in 2002, the Committee noted with concern that the remuneration of the staff of the inspection services was derisory and that such a situation was contrary to the obligation for inspectors not to have any interest in the enterprises under their supervision and to the exercise of the authority needed for the discharge of inspection duties. It further noted the "Government’s indication that it would be utopian to expect training for labour inspectors" and, lastly, that

… the difficulties of a practical nature which occur in the application of the Convention, and particularly the inadequacy of the resources made available to the inspection services, which are described by the Government as being purely symbolic (clearly inadequate staff numbers, working conditions and material resources; dilapidated, undersized, unhealthy and unequipped premises; complete lack of documentation). The Committee notes in particular the irregular nature of inspections, the shortcomings of the public transport system and the absence of any transport facilities for the professional travel of labour inspectors, and of any arrangements for the reimbursement of their travelling and incidental expenses. The Government also indicates that the derisory level of fines for violations of the labour legislation means that it is of no avail to take the relevant measures.

The Committee requests the Government to provide information on the measures taken to enhance the efficiency and effectiveness of the supervision carried out by the labour inspectorate for the purpose of combating the worst forms of child labour. It also requests the Government to provide extracts of labour inspection reports and to indicate the consultations held with employers’ and workers’ organizations in accordance with Article 5 of the Convention.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes that, according to the Government, the principle of prohibiting and abolishing the worst forms of child labour is recognized and applied in Mali. The Committee notes with interest that since 1998 Mali has been implementing a national programme to combat child labour, with ILO technical support through IPEC. It also notes that on 9 January 2001 the Government signed a second Memorandum of Understanding with IPEC. The abovementioned programme aims first and foremost to increase the capacity of the Government and the social partners to design and implement policies and programmes with a view to preventing the premature engagement of children in the labour market, abolishing child labour in the most dangerous activities and in the most serious exploitative situations, and offering viable alternatives to the children and their families. The Committee requests the Government to provide information on the implementation of this programme, and more particularly on its results.

The Committee notes that, according to the Government, all the activities have been implemented with the participation of the social partners and civil society, in accordance with Article 6, paragraph 2, of the Convention.

Article 7, paragraph 1. Measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention. The Committee notes that sections L314, L318 and L326 of the Labour Code and sections 242 and 243 of the Penal Code establish penalties for breach of the provisions prohibiting the worst forms of child labour. It requests the Government to provide information on the practical application of these provisions.

Paragraph 2. Effective and time-bound measures. Clause (a). Measures to prevent the engagement of children in the worst forms of child labour. The Committee notes the information sent by the Government in its report to the effect that activities to raise awareness and strengthen institutions have been taken in respect of certain groups: child workers in rural areas; child workers on gold-panning sites; child apprentices in the informal economy; and girl children working in urban areas. An integrated programme for the prevention of child labour has been set up in the Segou region (October 2002-December 2003). The Committee also notes that a vocational training course for unemployed young people was established by Order No. 92-022/P.CTSP of 13 April 1992, the aim of which is to enable school leavers with qualifications to acquire vocational experience, and to facilitate their entry to the labour market. The Committee requests the Government to continue to provide all available information on the measures taken to prevent the engagement of children in the worst forms of child labour.

Clause (b). Assistance for the removal of children from the worst forms of child labour. The Committee notes with interest that in the context of the IPEC/Mali projects, a number of support projects are being implemented to: improve living and working conditions and remove from dangerous and heavy work child tin workers in the Médine market; increase the income of the parents and families of child workers in the rural area of Dioila; and support, through accompanying measures, girl migrants in the Bamako district. The Committee encourages the Government to set up programmes for the rehabilitation of children removed from child trafficking and repatriated, and to provide information on any such rehabilitation measures.

Clause (c). Access to free basic education. The Committee notes that the Constitution of 1992 entitles all citizens to education, and that public education is compulsory, free and non-religious. The Committee further notes that the Government indicated in its report to the Committee on the Rights of the Child that compulsory schooling for all Malian children was established by Decree No. 314. The Committee requests the Government to provide a copy of the Decree.

The Committee notes that in 1990, to address the low school enrolment rate of girls (25.7 per cent as opposed to 44.7 per cent for boys), the Government established a "girls’ enrolment" project, which aims to raise the enrolment rate of girls, reduce the repeat and drop-out rates and raise the number of women teachers in the first stage of basic education. The Committee requests the Government to indicate whether this project is still under way and to report on the results it has achieved.

The Committee notes with interest that in 1999 a Ten-Year Programme for the Development of Education (PRODEC) was adopted by the Government. Its aim is to raise the primary-school enrolment rate to 95 per cent by 2010 and to raise standards in learning, girls’ education, health and hygiene. The Committee notes the information provided in the Government’s report to the effect that the gross enrolment rate of the first stage of basic education rose from 47 per cent in 1996-97 to 58 per cent in 1999-2000. The Committee requests the Government to continue to provide information on the results of this programme.

Clause (d). Children at special risk. The Committee notes that, according to information submitted to the Committee on the Rights of the Child, 4,000 girls left rural areas in 2000 to work as domestic servants in town (HR/CRC/99/48, 1999). Many of the girls work as domestic servants in private households without work contracts. The proportion of young domestic workers covered by the law is fairly low. The Committee notes that the Human Rights Committee expressed great concern at the situation of girl migrants, who leave rural areas to work in domestic service in urban areas and who, according to some sources, work a 16-hour day on average for very low or non-existent wages, are often subjected to rape, ill treatment and even prostitution. The Committee requests the Government to indicate how children working in domestic service who are not covered by the applicable legislation are protected against the worst forms of child labour.

Clause (e). Special situation of girls. The Committee notes that provisions of the legislation and a number of IPEC/Mali projects target girls, including: the opening of a reception and social centre (centre d’accueil, d’écoute et d’animation) for girls in domestic service in Bamako; a survey among girls working in hotels, bars and restaurants in the Bamako district; a support project for girls working in the Mopti rural area; a project for the economic and social reintegration in their places of origin of girls working in the Dansa rural area. It also notes with interest that a Ministry for the Advancement of Women, Children and the Family has been established and that since 1992 a support programme for the advancement of women and girls is being implemented by the Malian Government, the UNDP and the ILO. The Committee requests the Government to provide information on the practical implementation of these projects.

Article 7, paragraph 3. The Committee notes the information in the Government’s report that the competent authority for the implementation of the provisions giving effect to the Convention is the National Labour Directorate, through its nine labour inspectorates. The Committee requests the Government to indicate by what methods the implementation of the provisions is supervised.

Article 8. Enhanced international cooperation and/or assistance. The Committee notes that the countries of West Africa met in February 2003 to harmonize their national laws and regulations pertaining to the combating of child trafficking in French-speaking West and Central Africa. This regional support project is financed by the European Commission in cooperation with the ILO. The experts have recommended amongst other things that the countries adopt specific laws that define child trafficking and address the punishment of child trafficking and the establishment of penalties, the alignment of the national legislation, and the promotion of bilateral or multilateral agreements to combat child trafficking. The Committee notes that some of the measures recommended already exist in Mali.

The Committee also notes with interest the efforts made by Côte d’Ivoire and Mali, which on 1 September 2000 signed a cooperation agreement on child trafficking. A permanent national committee in charge of following up the Mali-Côte d’Ivoire cooperation agreement on the cross-border trafficking of children was set up by an order of 19 July 2001. The Committee notes that the above cooperation appears already to be producing results since, in 2001, 500 children who had fallen prey to child trafficking from Mali and Burkina Faso to Côte d’Ivoire were intercepted by the Ivorian authorities and returned to their countries of origin. The Committee invites the Government to continue to supply information on the implementation of the above cooperation agreement between Mali and Côte d’Ivoire.

The Committee further notes that Mali, through the Ministry for the Advancement of Women, Children and the Family, has drafted and submitted to the Ministry of Foreign Affairs and International Cooperation two cooperation agreements to combat child trafficking: one between Mali and Ghana, and the other between Mali and Burkina Faso. The Committee requests the Government to provide information on these agreements, particularly the date of their entry into force and their content.

Part III of the report form. Court decisions. The Committee notes that the Government indicated in a document on Mali’s legislation pertaining to child trafficking that, in the course of 2001-02, the Sikasso Court of First Instance heard three cases of prosecution for child trafficking. The Committee requests the Government to continue to provide information on these cases (the offences committed, the number of persons involved, the places, regions or countries between which the trafficking took place, etc.) and on the decisions handed down.

Part IV of the report form. Application of the Convention in practice. The Committee notes the information contained in the Government’s report to the effect that Mali has received technical assistance from the ILO through the IPEC project, the activities of which are continuing without any difficulties of an institutional nature. The Committee requests the Government to provide general information, through mission reports of the labour departments, on the way in which the Convention is applied in Mali. Noting the absence of any difficulties of an institutional nature, the Committee requests the Government to indicate any practical difficulties encountered in applying the Convention, or anything which may have prevented or delayed the adoption of measures to combat the worst forms of child labour.

Part V of the report form. The Committee notes the information supplied by the Government in its report to the effect that there are no reliable statistics on the nature, extent and trend of the worst forms of child labour. It further notes that the Government has requested technical assistance from the Office (SIMPOC) in order to carry out a national survey. The Committee requests the Government to continue to provide information on the nature, extent and trend of the worst forms of child labour, the number of children protected by the measures giving effect to the Convention, disaggregating the information by sex as far as possible. The Government is also asked to supply samples or extracts of labour inspection reports.