Texts of pending comments

Articles 1(b) and 2 of the Convention. Equal remuneration for men and women for work of equal value. Legislation and collective agreements. For around 15 years, the Committee has been emphasizing that section L.105 of the Labour Code, which provides that “where conditions of work, vocational qualifications and output are equal, wages shall be equal for all workers, irrespective … of gender”, does not give full effect to the principle of equal remuneration for men and women for work of equal value established by the Convention as it does not reflect the concept of “work of equal value”. The Committee notes the Government’s statement that section L.105 of the Labour Code “targets precisely work of equal value” and that “this same requirement is contained in the collective agreements”. It also indicates that aspects linked to the concept of “work of equal value” are always settled through social dialogue and collective bargaining between employers and workers with the support of the Government and that, after its adoption by the parties, each collective agreement is the focus of an outreach, training and information campaign among the actors concerned, in order to make it more accessible. In this regard, the Committee notes that the Government refers to provisions prohibiting gender-based wage discrimination in the new national inter-occupational agreement adopted on 30 December 2019. The Committee emphasizes, however, that these provisions are not sufficient to give effect to the principle of the Convention as they do not take into account the concept of “work of equal value”. The Committee recalls that Article 2(2) of the Convention gives free choice as to how to give effect to the principle of equal remuneration for work of equal value and that wage fixing processes and collective bargaining mechanisms can go a long way to eliminating gender pay gaps and wage discrimination, and to promoting equal pay, where such processes and mechanisms are consistent with the principle of the Convention itself. However, where the issue of equal pay is regulated by legislative provisions, these must not be more restrictive than the principle of the Convention, as they constitute an obstacle to the elimination of discrimination against women in respect of remuneration. Furthermore, noting the Government’s indication that the term “work of equal value” could be interpreted in different ways, the Committee recalls that the concept of “work of equal value”, while not defined as such in the Convention, implies that men and women who hold jobs which are different in content, involve different responsibilities and require different skills or qualifications, or different degrees of effort, and which are performed under different conditions but which, as a whole, are of equal value, must be paid equally. While criteria such as working conditions, vocational qualifications and output are among the relevant factors in determining the value of jobs, when two jobs (a female-dominated job and a male-dominated job) are compared, the value does not necessarily have to be the same for each factor – rather the determining value is the overall value of the job, that is to say when all factors are considered as a whole (added together). This principle is essential for eliminating discrimination and promoting equality, as women and men most often hold different jobs, under different working conditions and often in different establishments or for different employers. In this regard, in its 2012 General Survey on the fundamental Conventions, the Committee provided as examples comparisons between the occupations of wardens in sheltered accommodation for the elderly (predominantly women) and security guards in office premises (predominantly men); or school meal supervisors (predominantly women) and garden and park supervisors (predominantly men). Noting that the steering committee for the Labour Code reform was set up in 2021, the Committee urges the Government to take the necessary measures without delay to give full effect in the Labour Code to the principle of equal remuneration between men and women for work of equal value by amending section L.105, which contains provisions that are more restrictive than the principle enshrined in the Convention and section L.86(7), which provides that the principle of “equal work, equal wage” must be included in collective agreements. It requests the Government to specify how it shares with the social partners the contours of the principle of equal remuneration for men and women for work of equal value and how the social partners take into account this principle in collective bargaining on wages.

Article 3. Objective job evaluation. The Committee recalls that the concept of equal value necessarily implies the adoption of a method that allows for the relative value of different jobs to be measured and compared objectively, whether at the enterprise or sector level, national level, in the framework of collective bargaining or through wage-setting mechanisms. The Government indicates that everything relating to vocational qualifications, classification and relative value of occupations at all levels, basic pay of each occupational category, conditions for career development and all other aspects associated with the equal value of work are determined in the freely chosen collective agreements of enterprises, sectors or branches between employers and workers. The Committee requests the Government to take the necessary measures to promote the use, by the social partners, of objective job evaluation methodology based on non-discriminatory criteria such as qualifications, effort, responsibility and working conditions to determine the relative value of jobs when setting wages and/or classifications. It requests the Government to carry out, in cooperation with the social partners, awareness-raising activities on the concept of “work of equal value” and the importance of using objective job evaluation systems, free from gender bias (namely under-evaluation of skills considered as “natural” for women, such as dexterity and those required in caring professions, and the over-evaluation of skills traditionally considered as “masculine”, such as physical force). It once again requests the Government to provide information on any measures taken in this regard.

Statistics. Since 2007, the Committee has been requesting the Government to provide full statistical information on the remuneration received by men and women in the various sectors and branches of activity. The Committee notes the statistical data provided by the Government on employment and wages. It notes, however, that these statistics are not disaggregated by sex and therefore do not allow for an evaluation of the extent of any wage gaps between men and women. The Committee recalls that appropriate data and statistics are crucial in determining the nature, extent and causes of discrimination and unequal remuneration, to set priorities and design appropriate measures, to monitor and evaluate the impact of such measures, and make any necessary adjustments. It recalls further that comparable statistics are necessary to enable an accurate assessment of changes over time (see 2012 General Survey, paragraph 891). The Committee therefore urges the Government to take the necessary steps to collect and analyse data on the remuneration of men and women in the public and private sectors, disaggregated by sex, sector of the economy, and, if possible, occupational group, and to include this information in its next report. It also asks the Government to provide any information or survey available on the gender pay gap in the country.

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

Articles 1 to 4 of the Convention. Enforcement. Recalling the importance of the role of labour inspectors and magistrates to implement the principle of the Convention, the Committee once again asks the Government to provide information on the measures taken to ensure that awareness is raised among labour inspectors and judges of the issue of equal remuneration for men and women for work of equal value (further training, campaigns, development of practical tools, guides and guidelines, etc.) It also requests the Government to provide information on any cases of wage discrimination between men and women detected by the labour inspectors or brought to their knowledge or examined by the courts.

Articles 1(1)(a) and 2 of the Convention. Discrimination based on sex and equality of opportunity and treatment for men and women. The Committee welcomes the information provided by the Government in its report on all the measures taken and results achieved, particularly with regard to strengthening the vocational skills of women and girls, and the statistical data provided. Further, it notes the Government’s indications concerning the actions carried out, within the framework of the “Digital Senegal 2025” strategy adopted in 2016, in the information and communication technologies (ICT) sector aimed at, inter alia, developing women’s leadership in the ICT sector, financing and supporting women’s start-ups and building girls’ capacities to pursue a career in this sector. With regard to combating gender stereotypes, the Committee also notes the adoption of specific programmes, such as the joint programme for the eradication of gender-based violence and the promotion of human rights, and the introduction of awareness-raising activities in schools as part of combating such violence. The Government also indicates that the second priority action plan for the implementation of the National Strategy for Gender Equity and Equality (SNEEG) highlights the State’s commitment to review this Strategy (SNEEG 2016-2026), which is based on the gender strategy of the West African Economic and Monetary Union. In this regard, the Committee welcomes the adoption of the SNEEG 2016-2026. It notes that this document contains a detailed analysis, with statistics disaggregated by sex, of the situation of women and girls in many areas such as education, vocational training and employment and in various sectors, including the informal economy. This Strategy (the objectives of which comprise the elimination of gender-based disparities in the political, economic and social spheres, guarantee of equitable enjoyment of rights by women and men, and physical and moral protection of women against violence) provides for, inter alia, awareness-raising and advocacy actions, a study to be carried out to identify discrimination in national legislation and the introduction of laws to remedy any discrimination found, and the implementation of actions to promote women’s access to factors of production and financial resources, and strengthen their vocational skills.

With regard to improving women’s access to land, credit, knowledge, technology and equipment, the Government points to the adoption of regulatory provisions by the department responsible for agriculture, aimed at facilitating women’s access to land and land tenure security, financing mechanisms, production factors and outreach services, such as circular No. 0989 of 5 June 2018 on reducing gender inequalities in agricultural activities and establishing a quota system for installations, inputs, equipment and seeds. The Committee notes, however, from the information in the SNEEG 2016 – 2026 that “as they are not farmers, women have fewer opportunities to farm a plot of land and are also less likely to access land through leasing due to lack of resources. Essentially, women’s access to land is limited to smaller, lower quality plots of land that are farther away from their homes, while they must meet their obligations related to domestic tasks. The inequality between men and women in access to land is a severe constraint to the development of profitable productive activities”. The Committee also notes that “for reasons associated with family perceptions and traditions, access to property remains a serious problem in the lives of rural women most involved in the agricultural production chains”. Noting the progress made and the Government's clearly stated commitment, particularly within the framework of the SNEEG 2016–2026, the Committee encourages it to intensify its efforts and continue to address discrimination against women including by ending occupational segregation between men and women and actively combating gender stereotypes and prejudices, and to promote gender equality in practice in all aspects of employment and occupation, particularly with regard to rural women’s access to factors of production. It requests it to provide information on: (i) the implementation of the SNEEG and, in particular, on the results achieved in the areas of education, occupational training and employment, and the results of the study aimed at identifying discrimination in the national legislation; and (ii) the measures taken to promote women’s access to property.

Specialized body. Noting the Government’s indication that the creation of the National Observatory on discrimination at work is under way within the context of the current reform of the Labour Code, the Committee requests it to provide information on the envisaged missions and operation of this body, indicating whether it will be empowered to handle individual complaints, and on its implementation and operation in practice.

Article 1 of the Convention. Protection of workers against discrimination and promotion of equality of treatment. Legislation and collective agreements. For several years, the Committee has been emphasizing that the Constitution (article 25) and the Labour Code (sections L.1 and L.29) do not cover all the prohibited grounds of discrimination set out in the Convention, as they omit national extraction and colour, and they do not refer explicitly to social origin, but only to origin or origins. The Committee notes that the Government reaffirms its willingness to provide a better framework for combating discrimination at work and that it once again refers to the labour legislation revision process still under way, in which issues related to protection against discrimination have been taken into account. It welcomes the creation of the steering committee for the reform of the Labour Code by order of 15 June 2021 of the Ministry of Labour, Social Dialogue and Relations with Institutions. The Committee also notes with interest that the new national inter-occupational collective agreement, signed on 30 December 2019, provides that “no one may be barred from the recruitment procedure or access to internships or on-the-job training, or be subjected to a discriminatory measure based race, colour, age, sex, trade union activity, belonging to a religion, fraternity or sect, political opinion, national extraction, ethnicity, social origin, disability, pregnancy, family situation, health status or HIV status, and which has the effect of destroying or impairing equality of opportunity or treatment in employment or occupation”. It adds that “no employee may be penalized, dismissed or subjected to a discriminatory measure for witnessing or reporting the conduct defined in the above paragraphs” and that “the employer must ensure respect of equality of treatment among employees relating to working conditions, as well as remuneration, training and professional promotion”. Noting the willingness expressed by the Government with regard to combating discrimination and promoting equality of treatment in employment and occupation, the Committee urges it to ensure that the reform of the Labour Code extends protection to workers against discrimination based on all the grounds listed under Article 1(1)(a), including national extraction, colour and social origin, as well as any additional grounds that the Government deems it appropriate to include, such as those listed in the 2019 national inter-occupational collective agreement. It also requests the Government to take measures to raise awareness among workers and employers and their respective organizations of the provisions of the new collective agreement prohibiting discrimination and promoting equality of treatment.

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

Articles 3(b) and 7(1) of the Convention. Use, procuring or offering of a child for the production of pornography or for pornographic performances, and penalties. In its previous comments, the Committee noted the adoption of Act No. 2016-29 of 8 November 2016 amending Act No. 65-60 of 21 July 1965 issuing the Penal Code, which introduces a new Title IV on offences related to information and communication technologies, and contains a section on child pornography. It requested the Government to provide information on the effect given in practice to sections 431–34 to 431–40 of the Penal Code in relation to the use, procuring or offering of a child under 18 years of age for the production of pornography or for pornographic performances.

The Committee notes the Government’s indication in its report that as these provisions of the Penal Code are relatively recent, proven or specific acts relating to the use of children for the production of pornography or for pornographic performances are not reported to it and have not been recorded in Senegal. The Government adds that new forms of trafficking, and particularly for cyberpornography, will be taken into account in the new Bill on trafficking in persons, which is in the process of being adopted. The Committee once again requests the Government to provide information on the effect given in practice to sections 431 – 34 to 431 – 40 of the Penal Code in relation to the use, procuring or offering of a child under 18 years of age for the production of pornography or for pornographic performances. It also requests the Government to provide information on the adoption of the new Bill on trafficking in persons and the effect given in practice to its provisions on trafficking for the purposes of cyberpornography in relation to children under 18 years of age who are used, procured or offered for this purpose.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing children from being engaged in the worst forms of child labour. Access to free basic education. In its previous comments, the Committee noted the Government’s indication that the training and development of “human capital” is still one of the major components of the Emerging Senegal Plan, which takes the form of a sectoral plan for the implementation of the Programme to improve Quality, Equity and Transparency in Education and Training (PAQUET). The Committee noted that the gross school enrolment rate was 87.30 per cent in 2017 and that it was due to reach 108.7 per cent in 2030. It noted that the State has the ambition to create a school system characterized by equity and equality of opportunity, for which purpose it has taken measures for the progressive introduction of free middle and secondary education. However, the Committee noted that, in its concluding observations of 18 October 2019, the Committee on Economic, Social and Cultural Rights expressed concern at the information that schooling still involved indirect costs, particularly at the secondary level, and noted with concern the inadequacy of the provision of education and training, particularly in rural and disadvantaged areas, and that 47 per cent of school age children were reportedly outside the school system (E/C.12/SEN/CO/3, paragraph 41).

The Committee notes the Government’s indication that it considers that keeping children in school up to at least the age of the completion of compulsory schooling (16 years) is the best strategy to prevent their engagement in the worst forms of child labour. The Government adds that the country is in the process of reinforcing its framework of action for the education of girls with the establishment of a gender and equity unit in the Ministry of National Education and the preparation and implementation of a plan for the development of education for girls. This action has resulted in a rise in the indicators for the access and retention of girls at school at all levels, with a parity index in favour of girls at all levels (1.22 at primary school and 1.17 at middle and secondary school). Considering that education plays an essential role in preventing children from being engaged in the worst forms of child labour, the Committee encourages the Government to continue its efforts to increase access to education for all children, including at the secondary level, to improve the operation of the education system through measures to increase school attendance and reduce school drop-out rates, particularly in rural and disadvantaged areas. It once again requests the Government to provide information on the results achieved in this respect, including statistics disaggregated by age and gender on school attendance and completion rates and school drop-out rates in primary and secondary education.

Clauses (a) and (b). Preventing children from being engaged in the worst forms of child labour. Direct assistance for the removal of children from the worst forms of child labour. Children working in traditional gold washing. The Committee previously noted that children take part in traditional gold and iron mining in the regions of Dakar, Thiès, Matam and, very particularly, in the Kédougou region. It noted the various measures taken by the Government to protect children in traditional gold mining, and the Government’s indication that a 2018 monograph study on artisanal gold washing in Senegal found that the rate of the presence of children in the production chain was low, with 0.5 per cent of those engaged in the process being under 15 years of age.

The Committee notes the Government’s indication that, in the context of its policy to combat child labour, it has a global vision to deal with the issue of social integration that goes beyond artisanal mining and gold washing. The Government indicates that the programme for the social integration of children remains an important pillar of Government policy in Senegal and that further health measures were taken in 2020 to reinforce this action in the context of COVID-19, when protection was greatly increased. However, the Committee notes that no information has been provided by the Government on the number of children working in traditional gold washing who have benefited from the measures taken within the framework of the programme for the social integration of children. The Committee encourages the Government to continue its efforts to prevent children from being engaged in artisanal gold mining and to provide the necessary assistance to remove them from this worst form of child labour and ensure their social integration. In this regard, it requests the Government to provide information on the impact of the measures taken within the context of the programme for the social integration of children, or any other programme, and particularly on the number of children removed from work in gold washing who have been rehabilitated and socially integrated.

Clause (d). Children at special risk. Child HIV/AIDS victims/orphans. In its previous comments, the Committee noted that the National Strategic Plan to Combat AIDS 2018-22 provides for partnership with development sectors for social programmes relating to orphans and vulnerable children (OVC) and the development of leadership programmes for OVC to engage in action to combat HIV. The Committee also noted that, according to the 2018 data available on the UNAIDS website, the number of children aged between 0 and 17 years orphaned as a result of HIV/AIDS was estimated at 31,000.

The Committee notes the information provided by the Government on the measures taken to protect children against HIV/AIDS and to prevent the transmission of HIV/AIDS to children. However, the Government has not indicated the measures taken or envisaged to protect children who are at risk of being engaged in the worst forms of child labour due to their vulnerability as HIV/AIDS orphans. The Committee notes in this regard that, according to UNAIDS data for 2020, the number of children between the ages of 0 and 17 orphaned due to HIV/AIDS is now estimated to be 41,000. Recalling that orphans and other vulnerable children are at greater risk of becoming victims of the worst forms of child labour, the Committee therefore once again requests the Government to provide information on the specific measures taken to prevent child HIV/AIDS orphans from being engaged in the worst forms of child labour and to ensure their rehabilitation and social integration, and on the results achieved.

The Committee notes the observations of the International Trade Union Confederation (ITUC) of 1 September 2021.

Articles 3(a) and 7(1) of the Convention. Worst forms of child labour and penalties. Sale and trafficking of children for economic exploitation and forced labour. Begging. In its previous comments, the Committee noted that in 2019 it was estimated that in Senegal over 100,000 talibé children were compelled to engage in begging. The Committee noted that section 3 of Act No. 2005-06 of 29 April 2005 to combat trafficking in persons and similar practices and to protect victims prohibits the organization for economic gain of begging by others, or the employment, procuring or deception of any person with a view to causing that person to engage in begging, or the exertion of pressure so that the person engages in begging. However, section 245 of the Penal Code provides that “the act of seeking alms on days, in places and under conditions established by religious traditions does not constitute the act of begging”. In this regard, the Committee requested the Government to ensure the prohibition of begging by talibé children through the adoption of laws to eliminate this legislative ambiguity. The Committee also noted from the information communicated by the ITUC, and the concluding observations of the United Nations Human Rights Committee and Committee Against Torture, which both noted that investigations and prosecutions of persons engaged in forced begging by children were rare and that, far from declining, the exploitation of children by Koranic teachers for forced begging was a phenomenon that was increasing.

The Committee notes that in its written information on the application of the Convention provided to the Committee on the Application of Standards at the 109th Session of the International Labour Conference in 2021, the Government indicates that when Act No. 2005-06 was reviewed, it was finally decided to retain section 245 of the Penal Code, which supplements Act No. 2005-06. The Government indicates that section 245 of the Penal Code does not permit begging, in whatever form, and that it merely notes a reality arising out of the religious practice of requesting or giving alms. The Government emphasizes that the Penal Code formally prohibits begging by persons under 18 years of age and punishes any person who allows a child under their responsibility to engage in begging. The Government adds that the Ministry of Women, the Family, Gender and Child Protection (MFFGPE) organized a workshop in collaboration with the Special Brigade for Children to strengthen their collaboration during removal operations and to facilitate prosecutions. In this regard, 32 judicial investigations into Koranic teachers were opened between 2007 and 2019, leading to 29 prosecutions and 25 convictions for forced begging, torture or the death of children.

However, the Committee is bound to note the observations of the ITUC that, despite the generalized and visible nature of the abuses concerned, investigations and prosecutions are still extremely rare and the policy still frequently fails to investigate cases of forced begging. Charges against Koranic teachers continue to be abandoned or transmuted into less serious offences than forcing talibé children to engage in begging under the terms of Act No. 2005-06 or the Penal Code. The ITUC indicates that poor law enforcement and the lack of means of redress for illtreated talibé children have continued. The ITUC observes that the authorities have not opened investigations against persons suspected of having forced talibé children to engage in begging who were identified during the programme for the removal of children from the streets implemented by the MFFGPE, and have not taken measures against public employees who refused to investigate such cases. Moreover, during the reporting period, the Government has not prosecuted or convicted presumed traffickers engaged in the forced begging of children. Instead of launching criminal investigations, administrative penalties are often imposed upon the presumed perpetrators of forced begging, particularly due to public pressure and the social influence of Koranic teachers. Despite allegations of complicity by Government representatives who have refused to investigate cases of trafficking or have exerted pressure on magistrates for cases to be abandoned, the Government has not reported any investigation, prosecution or conviction for complicity.

While noting the Government’s indication that a certain number of judicial investigations were undertaken leading to a number of prosecutions and convictions between 2007 and 2019, the Committee notes with regret that the Government has not provided new information on the imposition of penalties on persons engaged in the use of talibé children under the age of 18 for begging. With reference to the 2012 General Survey on the fundamental Conventions, the Committee recalls that, while the issue of seeking alms as an educational tool falls outside the scope of its mandate, it is clear that the use of children for begging for purely economic ends cannot be accepted under the Convention (paragraphs 483–484). The Committee therefore expresses deep concern at the persistence of the phenomenon of the economic exploitation of talibé children and strongly deplores the low number of prosecutions under section 3 of Act No. 2005-06. Recalling that the penalties established are only effective if they are applied in practice, the Committee once again urges the Government to take the necessary measures without delay to ensure the enforcement in practice of section 3 of Act No. 2005-06 and the punishment of persons who use talibé children under 18 years of age for begging for economic exploitation. The Committee once again urges the Government to intensify its efforts for the effective reinforcement of the capacities of the officials responsible for the enforcement of the law and to ensure that the perpetrators of these acts, as well as complicit State officials who fail to investigate such allegations, are prosecuted and that sufficiently dissuasive penalties are imposed in practice on those who are convicted. Noting once again with deep regret the absence of data on this subject, the Committee once again requests the Government to provide statistics on the number of prosecutions, convictions and penalties imposed under Act No. 2005-06.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing children from being engaged in the worst forms of child labour and the provision of assistance to remove them from these forms of child labour. Talibé children. 1. Projects and programmes for the removal of children from the streets. The Committee previously urged the Government to intensify its efforts and to take the necessary measures without delay to protect talibé children against sale and trafficking and forced or compulsory labour and to ensure their rehabilitation and social integration.

In its written information on the application of the Convention provided to the Committee on the Application of Standards at the 109th Session of the International Labour Conference in 2021, the Government indicates that, in addition to the measures indicated in 2019 to combat trafficking, begging and the forced or compulsory labour of children, other health measures were taken in 2020 to reinforce this action within the context of COVID-19, in which protection was strongly augmented. The Government reports the following new measures:

– The support project for the protection of child victims of violations of their rights (PAPEV): this project, launched by the Office of the United Nations High Commissioner for Human Rights in collaboration with the Ministry of Justice, is making a broad contribution to the reinforcement of the child protection system in Senegal. The National Steering Committee for the project was established by Order No. 005016 of 3 February 2020 of the Minister of Justice. In 2020, the PAPEV provided support to the State of Senegal for the family reintegration of children removed from the streets through the implementation of a programme of emergency protection for street children. The programme resulted in 5,067 children being removed and placed in reception centres, of whom 175 were from Gambia, Guinea-Bissau and the Republic of Guinea, and 52 children being reintegrated in their families, including 34 children from Gambia and 18 from Guinea-Bissau. The PAPEV also strengthened the assistance provided in reception centres through educational and health support for children.
– The project “zero street children” is part of the programme for the “removal of children from the streets”, the third phase of which was launched in April 2020: starting off from the national contingency plan to respond to specific needs for the protection of children in the context of COVID-19, the project “zero street children” led to 5,333 street children aged between 4 and 17 years being removed and placed in shelter in reception structures with support in the form of the provision of food, hygiene and sanitary products and various types of equipment to contribute to their adequate support. The Coordination, Monitoring and Follow-up Unit of the “zero street children” project is the national body that follows the situation of talibé children. It brings together State structures, civil society organizations, non-governmental organizations and technical and financial partners involved in combating the problem of street children, including representatives of religious chiefs. The outcome of the implementation of the project, released on 20 November 2020, shows that 6,187 children between the ages of 4 and 17 years have been removed from the streets. The proportion of children returned to their families also rose by 37.3 per cent, increasing from 22.7 per cent in 2019 to 60 per cent in 2020.
– The Vulnerable Children Programme (PED): between 2016 and 2020, the Ministry of Health and Social Action (MSAS) benefited from a budget for vulnerable children (orphans, children with disabilities, talibé children, children of families suffering from leprosy). This Programme achieved the following results: the placement of 700 talibé children in apprenticeships in workshops or training centres; the registration of 5,950 talibé children in mutual health funds through universal health coverage; support for 70 pilot daaras in the form of food and materials; and subsidies for 140 traditional daaras.

The Committee also notes the information provided by the ITUC to the effect that the Government has taken positive measures in practice in relation to talibé children in response to the COVID-19 pandemic. According to the ITUC, the Government has worked with international organizations, civil society and local populations on the inclusion of the needs of talibé children in COVID-19 programmes and projects, including the “zero street children” project. The ITUC indicates that the number of children removed from the streets during the third phase of the “removal programme” clearly exceeded the first and second phases and that the Departmental Child Protection Committees (CDPEs), which include representatives of civil society, have supervised the programme at the regional level.

However, the ITUC refers to several challenges encountered during the implementation of the various projects and programmes. It indicates that the authorities have noted that children who had been removed from the streets have returned. Civil society organizations have reported that the processes for the monitoring of the removal programme were once again inadequate, particularly in relation to the lack of follow up of talibé children who had been returned to their families. As a consequence, in most cases, talibé children who were returned to their families were sent back to Koranic schools where they were forced to beg. The ITUC adds that disparities have emerged at the level of the implementation of the removal programme throughout Senegal. For example, the Prefect of Kédougou refused the request by the authorities to return the talibé children from a particular daara to their families; in Matam, the local religious authorities vigorously opposed the programme and it was not possible to remove any children; in Sédhiou, no children were removed from the streets; and in Ziguinchor and Thiès, talibé children were confined in daaras instead of being returned to their families. The ITUC adds that the resources allocated to the CDPEs were inadequate and that there was a lack of communication with the MFFGPE and the local actors responsible for removal operations, which affected the implementation of the operations and the appropriate follow-up of the talibé children who had been removed. Moreover, the “removal programme” was vigorously opposed by certain Koranic teachers and only a minority of daaras agreed to facilitate the return of talibé children to their families. By way of illustration, only six of 247 daaras in Louga allowed the voluntary return of talibé children to their families. Finally, the MFFGPE was due to carry out an evaluation of the implementation of the third phase of the removal programme before proceeding with a fourth phase, but that has not been done and it is not known whether the additional phase is currently under consideration. While noting the measures taken by the Government, the Committee urges it to reinforce the relevant programmes so as to continue being able to remove child victims of begging for exclusively economic purposes and ensure their lasting rehabilitation and social integration, particularly by ensuring effective follow up to the removal of children from the streets and providing the CDPEs with the necessary resources to be able to fulfil their functions effectively. The Committee requests the Government to continue providing information on the measures taken in this regard and to supply statistics on the number of talibé children removed from the worst forms of child labour and who have benefited from rehabilitation and social integration measures.

2. Project to modernize daaras. The Committee previously noted the various programmes for the modernization of daaras and the training of Koranic teachers, as well as the various framework plans for the elimination of the worst forms of child labour, including the support project for the modernization of daaras (PAMOD). However, it noted that the programme for the modernization of daaras appeared to be more focussed on the construction of new “modern daaras” than on the improvement of the infrastructure and practices of existing daaras.

The Committee notes the ITUC’s observations that the programme for the modernization of daaras includes two components: the PAMOD, which was launched in November 2013, and the project to improve the quality and equity of basic education (the PAQUEEB project) financed by the World Bank. The first phase of the PAQUEEB programme focussed on the renovation and modernization of 100 daaras throughout the country. In March 2020, the Ministry of Education organized a workshop to select the daaras which would benefit from the second phase of the PAQUEEB programme. Subsequently, 417 additional daaras were selected, making a total of 517 beneficiary daaras. The ITUC also reports that the Ministry of Education is envisaging holding a meeting with daaras inspectors to discuss the best way of integrating child protection into their inspections, with the assistance of civil society organizations. The ITUC adds that there are failings in the performance of daaras inspection services. In overall terms, the inspectors seem to be without clear central directives and instructions and do not appear to develop plans to combat begging and the ill-treatment of children in daaras. Nor is it clear whether the inspection services intend to inspect all daaras, or only those registered as “modern daaras”, which gives rise to the risk that unregistered daaras, in which the worst abuses persist, are continuing to operate without supervision. Moreover, the ITUC indicates that the Ministry of Justice has not been sufficiently involved in the programme for the modernization of daaras, which limits the possibility of closing daaras that engage in exploitation and prosecuting abusive teachers.

The Committee notes the Government’s indications that the policy for the modernization of daaras in Senegal has been carried out through several reforms, including the preparation of a Bill establishing the status of daaras, the development of a curriculum for daaras including the Koran, French and science subjects and the introduction of disciplines such as reading and mathematics. However, it notes the indication by the ITUC that the Bill establishing the status of daaras, introduced for the first time in 2010 and then once again in 2013, has not yet been adopted. The Bill was approved by the Council of Ministers in 2018, but has remained before the National Assembly awaiting adoption for a third year. The Committee therefore urges the Government to intensify its efforts to ensure the implementation of the programme for the modernization of daaras, through the PAMOD and PAQUEEB programmes, in a manner that contributes to the protection of talibé children against the worst forms of child labour and ensures the rehabilitation and social integration of these children, and it requests it to provide information on the results achieved. The Committee also requests the Government to take measures to reinforce the daaras inspection service and to ensure that all daaras, and not only “modern daaras”, are inspected, so that talibé children who are victims of forced begging are effectively identified and then removed and socially integrated. Finally, the Committee requests the Government to take the necessary measures to ensure that the Bill establishing the status of daaras is adopted in the near future and it requests it to provide information on the manner in which this Bill, when it has been adopted, will contribute to the modernization of daaras and will protect talibé children from forced begging.

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

The Committee takes note of the Government’s first report on the application of the Maritime Labour Convention, 2006 (MLC, 2006) and of the efforts made by the Government and the social partners to give effect to the Convention. The Committee notes that the Government had not ratified any maritime labour Conventions before the MLC, 2006. The Committee notes that the amendments to the Code approved by the International Labour Conference in 2014 and 2016 entered into force for Senegal on 19 September 2019, at the same time as the Convention. The Committee notes that Senegal has not submitted a declaration of acceptance of the amendments to the Code approved in 2018 by the International Labour Conference and is therefore not bound by these amendments. The Committee draws the Government’s attention to the matters raised below and reserves the right to return to other matters subsequently if it deems it necessary to do so.

Impact of the COVID-19 pandemic. The Committee takes note of the observations of the International Transport Workers’ Federation (ITF) and the International Chamber of Shipping (ICS), received by the Office on 1 and 26 October 2020 and 4 October 2021, alleging that ratifying states have failed to comply with certain provisions of the Convention during the COVID-19 pandemic. Noting with deep concern the impact of the COVID-19 pandemic on the protection of seafarers’ rights as laid out in the Convention, the Committee refers to its general observation of 2020 and its comments in the general report of 2021 on this issue, and requests the Government to provide information in its next report on any temporary measures adopted in this regard, their duration and their impact on seafarers’ rights.

Article I of the Convention. General questions on application. Implementing measures. The Committee notes the Government’s indication that the MLC, 2006, is mainly implemented through the 2002 Merchant Shipping Code (CMM) and the Decree regulating the application of Act No. 2002-22 of 16 August 2002 on the Merchant Shipping Code. The Committee notes that the CMM provides that several additional regulatory measures will need to be adopted in order to clarify the conditions for the application of some of its provisions. The Committee notes the Government’s indication that the CMM is undergoing revision taking into account certain requirements of the Convention, although the Government did not provide a copy of this draft legislation. The Committee also notes that the Government refers to the 1975 collective agreement establishing the conditions of employment of merchant navy officers and seafarers, without providing the text of this collective agreement or any revisions thereto subsequent to its adoption. The Committee further notes the national inter-professional collective agreement of 27 May 1982, as last revised on 30 December 2019. The Committee observes, however, that the application of this inter-professional agreement to seafarers working on board commercial vessels is unclear and the Government does not refer to it. The Committee requests the Government to provide all of the legislative, regulatory and conventional measures adopted or under preparation giving effect to the Convention. The Committee requests the Government to provide a completed copy, as required by Standard A5.1.3, paragraph 12, of the maritime labour certificate, and of the Part I of the Declaration of Maritime Labour Compliance (DMLC), as well as an example or examples of the Part II of the DMLC prepared by the shipowner and accepted by the competent authorities when certifying a ship or ships.

Article II, paragraphs 1(f) and 2. Definitions and scope of application. Seafarers. The Committee notes that Book IV of the CMM, on “seafarers”, is applicable to the seafarers’ employment agreement of every “seafarer”, of any nationality, on board a Senegalese ship. The Committee notes, however, that the terms “mariner” and “seafarer” are not defined in the CMM. The Committee notes the Government’s indication that the draft revision of the CMM should include the definition provided by the MLC, 2006, and that there have been no cases where the matter of whether any categories of persons are to be regarded as seafarers has posed a problem. Recalling that Article II, paragraphs 1(f) and 2 of the Convention provides that this Convention applies to all “seafarers”, defined as a person who is employed or engaged or works in any capacity on board a ship to which this Convention applies, the Committee requests the Government to provide detailed information on the definition of the terms “mariner” and “seafarer” in Senegalese law, and to continue to provide information on any decision concerning doubt as to whether any categories of persons are to be regarded as seafarers, as defined in the Convention, as well as on the consultations preceding such a decision. The Committee notes that Chapter III of Book IV of the CMM, on seafarers’ employment agreements, contains two sections, one of which sets out the provisions specifically applicable to the ship’s master. The Committee requests the Government to indicate whether the ship’s master is also covered by the first section of this chapter, which contains the principal measures in connection with Regulation 2.1 and Standard A2.1.

Article II, paragraphs 1(i) and 4. Definitions and scope of application. Ships. Noting the Government’s indication that there have been no cases of doubt as to whether a boat or category of boats is a “ship”, as defined in the Convention, and that no different implementing measure, within the meaning of Article II, paragraph 6, has been adopted with respect to ships of less than 200 gross tonnage not engaged in international voyages, the Committee requests the Government to provide detailed statistics on the number of ships registered in Senegal that are subject to the MLC, 2006, distinguishing between those with a gross tonnage of : (1) more than 3,000 tonnes; (2) less than 3,000 tonnes and greater than or equal to 500 tonnes; (3) less than 500 tonnes and greater than or equal to 200 tonnes; (4) less than 200 tonnes.

Regulation 1.1 and Standard A1.1, paragraph 1. Minimum age. The Committee notes the Government’s indication that the minimum age for work on board any ship is fixed at 16 years. However, section 205 of the CMM stipulates that “a minor on board for deck, machine or general service shall be termed a ship’s boy, if under the age of 16 years, and a novice if under the age of 18 years.” The Committee also notes the Government’s indication that, for minors aged from 15 years on board ship for the purpose of apprenticeship or as trainees, working conditions are established by the regulations and the ship’s master is required to ensure that these rules are respected. Recalling that Standard A1.1, paragraph 1, provides that persons below the age of 16 shall not be employed or engaged or work on a ship, the Committee requests the Government to indicate the measures adopted or under preparation to give full effect to these provisions of the Convention.

Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Work likely to jeopardize the health and safety of young seafarers. The Committee notes that section 417 of the CMM provides that minors may only be employed on board in work and services which correspond to their physical capacities and to the performance of their duties, and that they may not be employed in machinery compartments for more than four hours per day or in work harmful to their health or normal development. The Committee notes that Ministerial Order No. 3750 of 6 June 2003 establishes the nature of the hazardous types of work prohibited for children and young persons and, inter alia, prohibits the employment of children as stokers on board ship and industrial or artisanal fishing vessels. The Committee observes, however, that this order is of general application and recalls that Standard A1.1, paragraph 4 provides that the employment, engagement or work of seafarers under the age of 18 shall be prohibited where the work is likely to jeopardize their health or safety and that the types of such work shall be determined by national laws or regulations or by the competent authority, after consultation with the shipowners’ and seafarers’ organizations concerned, in accordance with relevant international standards. The Committee requests the Government to indicate the types of work on board for which the employment, engagement or work of seafarers under the age of 18 is prohibited and to provide detailed information on the consultations held in order to determine these.

Regulation 1.3. Training and qualifications. The Committee notes the Government’s indication that effect is given to the provisions of the Convention relating to the training and qualification of seafarers through Decree No. 2002-933 of 3 October 2002 concerning the issuance of maritime vocational training certificates and conditions of work on board commercial and fishing vessels and pleasure boats with a crew list. The Committee requests the Government to provide a copy of this Decree. With regard to the requirement that all seafarers successfully complete training for personal safety on board ship (Regulation 1.3, paragraph 2), the Government refers to section 15 of Decree No. 2016-933 of 5 July 2016 on the health of seafarers, which deals only with the requirement for every seafarer to undergo minimal first-aid training. The Committee requests the Government to indicate the measures which ensure that seafarers are only authorized to work on board a ship if they have successfully completed training for personal safety on board ship, in accordance with Regulation 1.3, paragraph 2.

Regulation 1.4 and the Code. Recruitment and placement. The Committee notes the Government’s indication that some private organizations have been approved by the Maritime Authority to carry out activities involving the placement of seafarers. As such, they operate legally as employers and are subject to the same social protection schemes as those in place in Senegal. The Committee notes that section 294 of the CMM provides that recruitment and placement for seafarers shall not be carried on by any person, company or agency for pecuniary gain, nor shall any fees be charged directly or indirectly by any person, company or other agency, for finding employment for seafarers on any ship. The Committee notes, however, that the detailed requirements of Standard A1.4, paragraphs 2, 5 and 9 are not taken into account by the CMM. The Committee notes, with regard to the system of protection to compensate seafarers for monetary loss that they may incur as a result of the failure of a recruitment and placement service or the relevant shipowner under the seafarers’ employment agreement to meet its obligations to them (Standard A1.4, paragraph 5(c)(vi)), that steps are being taken by seafarers’ placement agencies to take out private insurance policies for seafarers. The Committee requests the Government to indicate the measures adopted or under preparation to give full effect to Standard A1.4, paragraphs 2, 5 and 9. The Committee requests the Government to provide information on the outcome of the steps taken by employment agencies to take out private insurance policies for seafarers, including on the conditions of subscription and the scope of the guarantees offered.

Regulation 2.1 and Standard A2.1, paragraph 4. Seafarers’ employment agreement. Content. The Committee notes that section 306 of the CMM provides that the seafarers’ employment agreement must be set out in such clear terms as to leave the parties in no doubt concerning their respective rights and obligations. All clauses and provisions of the employment agreement must be entered or listed in the crew list for the agreement to be considered valid. The Committee also notes that section 109 of the Decree regulating the application of Act No. 2002-22 of 16 August 2002 on the Merchant Shipping Code specifies that the crew list must indicate, for every member of the crew: (a) surname and name; (b) date and place of birth; (c) parents’ names; (d) nationality; (e) identification number and location; (f) conditions of employment; (g) duties performed on board and qualification. Noting that this information does not correspond to the particulars that are to be included in seafarers’ employment agreements, in accordance with Standard A2.1, paragraph 4, the Committee requests the Government to indicate the measures adopted or under preparation to give full effect to this provision of the Convention.

Regulation 2.2 and Standard A2.2, paragraph 1. Wages. Regular payment. The Committee notes that sections 351 et seq. of the CMM provide for different options for remuneration, including monthly remuneration, for the payment of wages in the national territory no more than five days after the end of the month for which the wages are due. With regard to other options for remuneration, in particular for travel contracts, section 372 of the CMM does not uphold the principle of monthly payment. The Committee recalls that Standard A2.2, paragraph 1 provides that each Member shall require that payments due to seafarers working on ships that fly its flag are made at no greater than monthly intervals and in accordance with any applicable collective agreement. The Committee requests the Government to indicate the measures adopted or under preparation to give full effect to Standard A2.2, paragraph 1.

Regulation 2.2 and Standard A2.2, paragraphs 3, 4 and 5. Wages. Allotments. The Committee notes that section 376 of the CMM provides that the seafarer may only transfer their wages or a part thereof to a person who is their legal or actual dependant. Such a transfer may not exceed two thirds of the total amount of the wages or share of profits due. The Committee recalls that Standard A2.2, paragraphs 3 and 4 provides that seafarers must have a means to transmit, as they choose, all or part of their earnings to their families or dependants or legal beneficiaries, by means of bank transfers or similar means. The Committee requests the Government to indicate the measures taken or under preparation to give full effect to Standard A2.2, paragraphs 3 and 4. The Committee also recalls that Standard A2.2, paragraph 5 provides that any charge for the service shall be reasonable in amount, and the rate of currency exchange, unless otherwise provided, shall, in accordance with national laws or regulations, be at the prevailing market rate or the official published rate and not unfavourable to the seafarer. Noting that the CMM does not address the issue of the cost of the transfer borne by the seafarer, the Committee requests the Government to explain how it gives effect to Standard A2.2, paragraph 5.

Regulation 2.3 and the Code. Hours of work and hours of rest. The Committee notes that the chapter of the CMM relating to the conditions, organization and hours of work on board is not applicable to the ship’s master, chief mate or chief engineer, the commissioner or any other chief service officer who does not take the watch (sections 398 and 401). The Committee requests the Government to indicate the measures adopted or under preparation to give full effect to the requirements of Regulation 2.3 and Standard A2.3 for all categories of seafarers, within the meaning of the Convention, who are not subject to the provisions of the CMM with regard to the conditions, organization and hours of work on board.

Regulation 2.3 and Standard A2.3, paragraphs 2 and 5. Hours of work and hours of rest. Limits. The Committee notes that section 399 of the CMM provides that the hours of work of seafarers, irrespective of the specific category to which they belong, may not exceed, on board ships that fly the Senegalese flag, the statutory hours of work as established in the current regulations. The Committee notes, however, that the Government provides no indication of the relevant regulations and that the CMM provides for a system of overtime. The Committee notes that section 410 of the CMM provides that the work on board ships of seafarers in the catering service may not exceed 12 hours, without however specifying the maximum weekly hours. The Committee recalls that, in accordance with Standard A2.3, paragraph 2, each Member is required to fix either a maximum number of hours of work which shall not be exceeded in a given period of time, or a minimum number of hours of rest which shall be provided in a given period of time, taking into account the limits set out in Standard A2.3, paragraph 5. The Committee requests the Government to indicate the measures adopted or under preparation to give full effect to the requirements of Standard A2.3, paragraphs 2 and 5.

Regulation 2.3 and Standard A2.3, paragraphs 3 and 6. Hours of work and hours of rest. Normal working hours standard and division of hours of rest. The Committee notes that section 408 of the CMM stipulates that the work, on board ships, of deck ratings and engine ratings shall be performed on the basis of the watch system. The duration of a watch is four hours. The required duration of a break between two watches outside the port area is 16 hours. Recalling that Standard A2.3, paragraph 6 provides that hours of rest may be divided into no more than two periods, one of which shall be at least six hours in length, and the interval between consecutive periods of rest shall not exceed 14 hours, the Committee requests the Government to indicate the measures adopted or under preparation to give full effect to Standard A2.3, paragraph 6, irrespective of the ship’s operating conditions.

Regulation 2.3 and Standard A2.3, paragraphs 1, 7, 8, 9 and 14. Hours of work and hours of rest. Definition of hours of work, drills, on call work, immediate safety and distress at sea. The Committee notes, first of all, that several sections of the CMM provide that some duties required of seafarers are not accounted as working time. These include extra work for the purposes of customs or quarantine or other health formalities; normal and necessary work by officers for the determination of the position of the ship and for making meteorological observations; and extra time required for the normal relieving of watches (section 407). The Committee recalls that hours of work, within the meaning of Standard A2.3, paragraph 1 and for the implementation of the requirements of Standard A2.3, means time during which seafarers are required to perform work on account of the ship. The Committee further notes that section 407 of the CMM provides that work that the ship’s master deems to be necessary and urgent for the safety of the vessel, cargo or persons on board; the work required by the ship’s master for the purpose of giving assistance to other vessels or persons in distress; and the musters, fire, lifeboat and similar drills of the kind prescribed by the International Convention for the Safety of Life at Sea are not included in normal working hours or deemed to be overtime. In this respect, the CMM does not specify whether the musters, firefighting and lifeboat drills, and drills prescribed by national laws and regulations and by international instruments, shall be conducted in a manner that minimizes the disturbance of rest periods and does not induce fatigue (Standard A2.3, paragraph 7); nor does it specify whether compensatory rest is allowed for work on call or for work required for immediate safety and distress at sea (Standard A2.3, paragraphs 8 and 14). The Committee requests the Government to indicate the measures adopted or under preparation to give full effect to Standard A2.3, paragraphs 1, 7, 8, 9 and 14.

Regulation 2.5 and Standard A2.5.1, paragraphs 1 and 2(a). Repatriation. Circumstances. The Committee notes that section 394 of the CMM provides that crew members of foreign nationality put ashore or abandoned in a Senegalese port during or at the end of their contract have the right to be returned to their country of residence, the port of recruitment or the port of the ship’s departure, according to their choice, unless otherwise specified in the employment agreement or a subsequent agreement. Underscoring that the seafarer’s right to repatriation, irrespective of their nationality, should also include the possibility of repatriation from a State other than Senegal, the Committee recalls that Standard A2.5.1, paragraph 1 provides that each Member shall ensure that seafarers on ships that fly its flag are entitled to repatriation in the following circumstances: (a) if the seafarers’ employment agreement expires while they are abroad; (b) when the seafarers’ employment agreement is terminated: (i) by the shipowner; or (ii) by the seafarer for justified reasons; and also (c) when the seafarers are no longer able to carry out their duties under their employment agreement or cannot be expected to carry them out in the specific circumstances. The Committee requests the Government to indicate the measures adopted or under preparation to give full effect to Standard A2.5.1, paragraph 1.

Regulation 2.5 and Standard A2.5.1, paragraph 2(b). Repatriation. Maximum period of service on board. The Committee notes that the CMM does not provide for the maximum period of service on board. The Committee recalls that pursuant to Standard A2.5.1, paragraph 2(b), the maximum duration of service periods on board shall be “less than 12 months”. In this respect, it notes that from the combined reading of Standard A2.4, paragraph 3, on annual leave, and Standard A2.5.1, paragraph 2(b), on repatriation, it flows that the maximum continuous duration of service periods on board without leave is, in principle, 11 months. The Committee therefore requests the Government to indicate the maximum duration of service periods on board applicable to ships that fly the Senegalese flag and to indicate the measures adopted to ensure compliance with Standard A2.5.1, paragraph 2(b).

Regulation 2.5 and Standard A2.5.1, paragraph 2(c). Repatriation. Entitlements. The Committee notes that section 391 of the CMM provides that repatriation shall be deemed to have been assured when the seafarer is provided with suitable employment on a vessel going to the Senegalese port of embarkation. When repatriated as a crew member, the seafarer shall be entitled to remuneration for services performed during the voyage. The Committee recalls that Regulation 2.5, paragraph 1, states that seafarers have a right to be repatriated at no cost to themselves in the circumstances and under the conditions specified in the Code. The Committee underscores that while repatriation is a right that can be waived by the seafarer, there is no provision in the Code that the shipowner may be considered to have fulfilled their duty to repatriate simply by offering a seafarer employment, albeit suitable and remunerated, on board a ship going to the repatriation destination. The Committee requests the Government to align its national legislation with the Convention on this point.

Regulation 2.5 and Standard A2.5.1, paragraph 3. Repatriation. Prohibition of advance payment and to recover costs from seafarers. The Committee notes that sections 391, 393 and 394 of the CMM set out different circumstances in which the costs of repatriation may be charged to the seafarer, for example, when they have committed an error. The Committee recalls that Standard A2.5.1, paragraph 3 takes a strict view of the question of charging the costs of repatriation to the seafarer in cases where, under national law, they are entitled to be repatriated, and provides that each Member shall prohibit shipowners from requiring that seafarers make an advance payment towards the cost of repatriation at the beginning of their employment, and also from recovering the cost of repatriation from the seafarers’ wages or other entitlements except where the seafarer has been found, in accordance with national laws or regulations or other measures or applicable collective bargaining agreements, to be in serious default of the seafarer’s employment obligation. The Committee requests the Government to indicate the measures adopted or under preparation to give full effect to Standard A2.5.1, paragraph 3.

Regulation 2.5 and Standard A2.5.2. Repatriation. Financial security. The Committee notes the Government’s indication, with regard to the 2014 amendments, that the national legislation does not require the provision of an expeditious and effective financial security system to assist seafarers in the event of their abandonment, as required by Standard A2.5.2. The Committee recalls that financial security for repatriation is one of the general areas that are subject to a detailed inspection by an authorized officer in a port of a Member carrying out a port State inspection pursuant to Standard A5.2.1 (Appendix A5-III). The Committee requests the Government to indicate the measures taken or under preparation to give full effect to Standard A2.5.2. The Committee also requests the Government to provide a copy of a model certificate or any other documentary evidence of financial security containing the information required in Appendix A2-I of the Convention (Standard A2.5.2, paragraph 7).

Regulation 3.1 and the Code. Accommodation and recreational facilities. While noting the Government’s indication that no derogation or exemption has been granted in connection with the application of Standard A3.1, the Committee notes that the provisions of the CMM relating to accommodation do not apply to ships under 30 gross tonnage. The Committee recalls that Standard A3.1, paragraph 21, allows exemptions only where they are expressly permitted in the Standard and only for particular circumstances in which such exemptions can be clearly justified on strong grounds and subject to protecting the seafarers’ health and safety. The Committee requests the Government to provide detailed information on all derogations and exemptions granted in respect of the implementation of Standard A3.1, and on the prior consultations carried out for this purpose with shipowners’ and seafarers’ organizations. The Committee notes the Government’s indication that the requirements of the Convention relating to accommodation and recreational facilities are given effect by means of sections 384 to 389 of the CMM and sections 130 to 137 of the Decree regulating the application of Act No. 2002-22 of 16 August 2002 on the Merchant Shipping Code. However, the Committee observes that these provisions anticipate and make necessary the adoption of additional regulatory measures in connection with the implementation of the detailed requirements of Standard A3.1, paragraphs 6 to 11, 13 to 16 and 19. The Committee requests the Government to indicate all measures adopted or under preparation to give full effect to Standard A3.1, paragraphs 6 to 11, 13 to 16 and 19, and to specify which measures applicable to ships built before the date of entry into force of the MLC, 2006, for Senegal ensure seafarers working or living on board these ships decent accommodation and recreational facilities consistent with promoting their health and well-being in accordance with the national legislation (Regulation 3.1, paragraph 1). The Committee notes that, under section 386 of the CMM, inspections must be conducted by the Maritime authority on any ship in order to ensure that crew accommodation complies with the legal and regulatory requirements. However, the Committee notes that while under this section such inspection is compulsory when a ship is first registered in a Senegalese port, it appears to be dependent upon the submission of a written complaint by a seafarers’ organization or by part of the crew in the event of a substantial change. The Committee recalls that Standard A3.1, paragraph 3 provides that these inspections are required when a ship is registered or re-registered and when the seafarers’ accommodation on a ship has been substantially altered, without making the conduct of such inspections conditional upon a complaint by the crew. The Committee requests the Government to indicate the measures adopted or under preparation to give full effect to Standard A3.1, paragraph 3. The Committee notes the Government’s indication that the inspections of seafarers’ accommodation to be carried out on board by or under the authority of the ship’s master are provided for by section 127 of the Decree regulating the application of Act No. 2002-22 of 16 August 2002 on the Merchant Shipping Code, which however concerns only inspections related to food and catering. The Committee requests the Government to indicate the measures adopted or under preparation to give full effect to Standard A3.1, paragraph 18.

Regulation 3.2 and the Code. Food and catering. The Committee notes that section 383 of the CMM provides that seafarers have the right to food throughout the duration of their registration on the crew list but does not specify whether they are provided with food free of charge. Recalling that Regulation 3.2, paragraph 2 provides that seafarers on board a ship shall be provided with food free of charge during the period of engagement, the Committee requests the Government to indicate how it ensures that full effect is given to this requirement of the Convention. The Committee notes the Government’s indication that the requirements of the Convention relating to food and catering are given effect through sections 382 and 383 of the CMM and sections 122 to 129 of the Decree regulating the application of Act No. 2002-22 of 16 August 2002 on the Merchant Shipping Code. However, the Committee observes that these provisions anticipate and make necessary the adoption of additional regulatory measures notably specifying: (1) the composition of the daily minimum rations that must be provided to seafarers on the different categories of ships; (2) the conditions of inspection, on board ships that fly the Senegalese flag, of food and water supplies and of the accommodation, arrangements and equipment on board ship for the storage, handling and preparation of food; (3) the conditions under which, at specified intervals, the ship’s master or an officer specially designated by the master for that purpose, accompanied by a member of the ship’s crew, inspects the food and water supplies, as well as the equipment and facilities for food and water storage and for the preparation and service of meals; (4) the conditions for the issuance of diplomas or certificates of competence to staff members for whom specific qualifications are required. The Committee requests the Government to indicate the measures adopted or under preparation under sections 382 and 383 of the CMM and sections 122 to 129 of the associated decree, necessary to give full effect to Standard A3.2, paragraphs 2 to 7.

Regulation 4.1 and the Code. Medical care on board and ashore. The Committee notes that while section 432 of the CMM stipulates that the shipowner shall be obliged to defray, under certain circumstances, the expenses of seafarers’ medical care, the Government indicates that the measures currently in force do not guarantee that, under certain circumstances, the shipowner and/or the ship’s master authorize seafarers to consult without delay a qualified medical doctor or dentist in ports of call, where practicable. The Committee requests the Government to indicate the measures adopted or under preparation to give full effect to Standard A4.1, paragraph 1(c). The Committee notes that section 21(c) of Decree No. 2016-933 of 5 July 2016 on the health of seafarers provides that the ships required to have a doctor or nurse on board shall be determined by an order of the Minister responsible for merchant shipping, according to the duration and conditions of the voyage, the type of ship and the number of seafarers and passengers on board. Noting that the current laws and regulations do not require every ship carrying 100 or more persons and ordinarily engaged on international voyages of more than three days’ duration to carry a qualified medical doctor responsible for providing medical care, the Committee requests the Government to indicate the measures adopted or under preparation to give full effect to Standard A4.1, paragraph 4(b).

Regulation 4.2 and Standard A4.2.1, paragraphs 1(a) and (c). Shipowners’ liability. Minimum standards. Sickness and injury. Expenses of medical care and board and lodging away from home. The Committee notes that section 431 of the CMM provides that “if the seafarer is injured while in service on board ship or falls ill at sea, after the ship has left the port or the seafarer is no longer on board the latter is entitled to all necessary medical care, the cost of which shall be borne by the shipowner.” It also provides that the shipowner shall be responsible for “seafarers who fall ill between the date of their boarding and the departure date of the ship, or after the date of their boarding and before boarding any other ship with the same shipowner. In the latter case, it must be established that the illness was contracted in the service of the ship.” The Committee requests the Government to clarify whether shipowners are liable to bear the costs for seafarers working on their ships in respect of sickness and injury of the seafarers occurring between the date of commencing duty and the date upon which they are deemed duly repatriated, or arising from their employment between those dates, in accordance with Standard A4.2.1, paragraph 1(a). The Committee notes that section 424 of the CMM provides that a seafarer “who is injured in service of the ship or who falls ill while on board shall be treated at the expense of the ship.” “A seafarer who is landed as a result of an accident or injury far from a Senegalese port shall retain their right to care and wages until the date of their repatriation, irrespective of the cause of the injury or illness.” The Committee recalls that Standard A4.2.1, paragraph 1(c) provides that shipowners shall be liable to defray the expense of medical care, including medical treatment and the supply of the necessary medicines and therapeutic appliances, and board and lodging away from home until the sick or injured seafarer has recovered, or until the sickness or incapacity has been declared of a permanent character. The Committee requests the Government to clarify whether the right to care includes board and lodging for the sick or injured seafarer away from home and whether this right to care continues until the seafarer has recovered, or until the sickness or incapacity has been declared of a permanent character, as required by Standard A4.2.1, paragraph 1(c).

Regulation 4.2, Standard A4.2.1, paragraphs 8 to 14, and Standard A4.2.2. Shipowners’ liability. Financial security. The Committee notes the Government’s indication that, in the context of collective bargaining, the principle of payment of a death benefit, payable by the shipowner, in the event of the death of a seafarer in the performance of their seafarers’ employment agreement was retained. The amount is established by agreement and included in the provisions of the agreement. The Committee notes, however, that the current laws and regulations do not take into account the 2014 amendments relating to shipowners’ liability (Standards A4.2.1 and A4.2.2). The Committee recalls that, in accordance with Standards A4.2.1 and A4.2.2, in order to assure compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard, national laws or regulations must provide for financial security meeting certain minimum requirements. Recalling that financial security for shipowners’ liability is one of the general areas that are subject to a detailed inspection by the port State carrying out an inspection pursuant to Standard A5.2.1 (Appendix A5-III), the Committee requests the Government to adopt the necessary measures to give full effect to Standards A5.2.1, paragraphs 8 to 14, and A2.5.2 and to provide detailed information on the effect given to these provisions. It also requests the Government to provide a copy of a model certificate or any other documentary evidence of financial security containing the information required in Appendix A4-I of the Convention (Standard A4.2.1, paragraph 14).

Regulation 4.3 and the Code. Health and safety protection and accident prevention. The Committee notes that section 350 of the CMM provides that the shipowner is required to ensure compliance with hygiene, habitability and safety requirements at work on board ship. The Committee notes that Decree No. 2016-933 of 5 July 2016 on the health of seafarers defines the mandate of the Seafarers’ Health Service with regard to occupational risk prevention. The Committee notes that the Government refers to decrees from 2006 although it does not indicate which decrees or their scope. Noting that the legislation and other measures necessary to give full effect to Regulation 4.3 and Standard A4.3 have not yet been adopted, the Committee requests the Government to provide detailed information on all measures under preparation for this purpose.

Regulation 4.5 and the Code. Social security. The Committee notes that, in accordance with Standard A4.5, paragraphs 2 and 10, the Government specified the following branches of social security: medical care, employment injury benefit and family benefit. The Committee notes that several sections of the CMM provide that seafarers are entitled to benefits under the general social security scheme (in particular with regard to family benefits) or through the Senegal Pension Insurance Institution. The Committee notes that the Social Security Code, which covers the family benefits and employment injury branches, is applicable to employees covered by the CMM. The Committee notes that the CMM provides for the affiliation of seafarers on board Senegalese ships to the social security scheme. For seafarers on board foreign ships, this affiliation must be provided for in the seafarers’ employment agreement and the contributions must actually have been paid. The Committee notes that the Government provides no information in its report on the manner in which effect is given to Regulation 4.5 and to Standard A4.5. The Committee recalls that Standard A4.5, paragraph 3 provides that each Member shall take steps according to its national circumstances to provide the complementary social security protection referred to in paragraph 1 of this Standard to all seafarers ordinarily resident in its territory. This responsibility could be satisfied, for example, through appropriate bilateral or multilateral agreements or contribution-based systems. The resulting protection shall be no less favourable than that enjoyed by shoreworkers resident in their territory. The Committee requests the Government to indicate all measures adopted or under preparation giving full effect to Regulation 4.5 and to Standard A4.5. The Committee requests the Government to provide detailed information on the manner in which the social security coverage provided for by the CMM and the Social Security Code is granted in practice to seafarers ordinarily resident in Senegal and on any obstacles encountered with regard to their affiliation or access to benefits. The Committee requests the Government to provide detailed statistics on the number of seafarers actually affiliated to Senegalese social security institutions.

Regulation 5.1 and the Code. Flag State responsibilities. The Committee notes the Government’s indication that periodic and/or unannounced inspections are organized by a team of maritime safety inspectors, with the occasional participation of the Seafarers’ Medical Service and the Seafarers’ Directorate, for the purpose of checking seafarers’ working and living conditions on board ships as well as hygiene and habitability conditions and the compliance and validity of seafarers’ documents. The Committee notes that several sections of the CMM establish a system of inspection visits under the authority of a central committee and local ships’ safety committees. However, the Committee notes that pending the adoption of the measures necessary to give effect to the Convention, the inspection procedures provided for by the CMM do not reflect the requirements of Regulation 5.1.4 and Standard A5.1.4, on the establishment of an effective and coordinated system of regular inspections, monitoring and other control measures, to verify that Senegalese ships comply with the requirements of the MLC, 2006, as implemented in national laws and regulations. The Committee also notes that section 82 of the CMM provides that “approved classification societies may be authorized to participate in the inspections carried out by safety committees on Senegalese ships. The tasks entrusted to them shall be established by order of the Minister responsible for merchant shipping, approving these companies in Senegal.” The Committee notes that the Government refers to an order concerning recognized organizations and classification societies, without however providing it. The Committee also notes that the Government has not provided the International Labour Office with a list of recognized organizations authorized to act on its behalf, specifying the functions that they have been authorized to carry out (Standard A5.1.2, paragraph 4). The Committee notes that the requirements of Regulation 5.1.3 and Standard A5.1.3 concerning the maritime labour certificate and declaration of maritime labour compliance are not taken into account by the current laws and regulations. The Committee notes that sections 709 et seq, of the CMM establish a complaints procedure whereby seafarers’ complaints are dealt with by the ship’s master or, when that is not possible, by the shipowner or the maritime authority. The Committee notes, however, that this provision does not meet certain requirements of Regulation 5.1.5 and Standard A.5.1.5, including the right of the seafarer to be accompanied or represented during the procedure or prevention of the victimization of seafarers for filing complaints (Standard A.5.1.5, paragraph 3). The Committee notes that section 269 of the CMM provides for the opening of a maritime inquiry particularly in the event of the death of or serious bodily injury to a person on board the ship; when the death or serious bodily injury occur during the operation of the ship; in the event of the disappearance during the voyage or the imprisonment of a person who was on board the ship; in the event of serious poisoning of a person on board the ship during the voyage. However, the Committee notes that this provision does not appear to provide that the final report of this inquiry shall be made public (Regulation 5.1.6, paragraph 1). The Committee requests the Government to indicate the measures adopted or under preparation to give full effect to all of the Regulations and associated provisions of the Code under Regulation 5.1. The Committee requests the Government to provide the list of recognized organizations authorized to act on its behalf, specifying the functions that they have been authorized to carry out (Standard A5.1.2, paragraph 4).

Regulation 5.2 and the Code. Port State responsibilities. The Committee notes the Government’s indication that Senegal implements the requirements of the Convention on Port State Control through the Abuja Memorandum of Understanding. While recognizing the value of the coordinated implementation of port State control inspections at the level of this regional organization, the Committee recalls that the national authorities are under the obligation to give full effect to the provisions of the MLC, 2006, in their own legislation. The Committee notes that under section 62 of the CMM, foreign ships are subject to the regulations on safety inspections and section 69 provides that a foreign ship may be detained if it does not produce valid certificates or if it is not compliant with the requirements of international Conventions. Noting that the Government provides no information on how these provisions are given effect in the context of the implementation of the MLC, 2006, the Committee requests the Government to indicate the measures adopted or under preparation to give full effect to Regulation 5.1.2 and Standard A5.1.2. Noting that the Government provides no information on the implementation of the requirements of the Convention relating to the onshore handling of seafarers’ complaints, the Committee requests it to indicate all of the measures taken or being prepared to give full effect to Regulation 5.2.2 and Standard A5.2.2.

Additional documents and information requested. The Committee requests the Government to provide the following documents and information : an example of the approved document for seafarers’ record of employment (Standard A2.1, paragraphs 1 and 3); an example of a seafarers’ employment agreement (Standard A2.1, paragraph 2(a)); a copy in English of the approved standardized table for shipboard working arrangements (Standard A2.3, paragraphs 10 and 11); a copy of the standard form established by the competent authority for the recording of seafarers’ daily hours of work or their daily hours of rest (Standard A2.3, paragraph 12); for each type of ship, a typical example of a safe manning document or equivalent issued by the competent authority (Standard A2.7, paragraph 1); an example of the standard medical report form for seafarers (Standard A4.1, paragraph 2; see also Guideline B4.1.2, paragraph 1); an example of a document (for example, Part II of the DMLC) outlining a shipowner’s practices or on-board programmes (including risk evaluation) for preventing occupational accidents, injuries and diseases (Standard A4.3, paragraphs 1(c), 2(b) and 8); a copy of the document(s) used for reporting unsafe conditions or occupational accidents on board ship (Standard A4.3, paragraph 1(d)); a report or other document containing information on the objectives and standards established for the inspection and certification system, including the procedures for its assessment (Regulation 5.1.1, paragraph 5); an example or examples of authorizations given to recognized organizations (Regulation 5.1.1, paragraph 5; Regulation 5.1.2, paragraph 2); if available in your country, a copy, in English, of the national interim maritime labour certificate (Regulation 5.1.3); a copy in English, French or Spanish of the annual reports on inspection activities issued in accordance with Standard A5.1.4, paragraph 13, during the period covered by this report; a standard document issued to or signed by inspectors setting out their functions and powers (Standard A5.1.4, paragraph 7; see also Guideline B5.1.4, paragraphs 7 and 8), together with a summary in English, French or Spanish if the document is not in one of those languages; a copy of any national guidelines issued to inspectors in implementation of Standard A5.1.4, paragraph 7, with an indication of the content in English, French, or Spanish if the guidelines are not in one of those languages; a copy of the form used for an inspector’s report (Standard A5.1.4, paragraph 12); a copy of any documentation that is available informing seafarers and interested others about the procedures for making a complaint (in confidence) regarding a breach of the requirements of the Convention (including seafarers’ rights) (Standard A5.1.4, paragraph 5; see also Guideline B5.1.4, paragraph 3), with an indication of the content in English, French or Spanish if the documentation is not in one of those languages; a copy of your country’s model for on-board complaint procedures, if developed, or of typical procedures that are followed on ships that fly its flag, with a translation into English, French or Spanish if the procedures are not in one of those languages (Regulation 5.1.5); a copy of any national guidelines issued to inspectors in implementation of Standard A5.2.1, paragraph 7, with an indication of the content in English, French or Spanish if the guidelines are not in one of those languages; a copy of a document, if any, that describes the onshore complaint-handling procedures (Regulation 5.2.2).

The Committee notes the Government’s first report on the Work in Fishing Convention, 2007 (No. 188). Following a first examination of the information and documents available, the Committee draws the Government’s attention to the following matters and reserves the possibility of returning to other matters subsequently if it considers it necessary to do so.

Impact of the COVID-19 pandemic. The Committee notes with deep concern the impact of the COVID-19 pandemic on the protection of the rights of fishers set out in the Convention. In this regard, the Committee refers to the Resolution concerning maritime labour issues and the COVID-19 pandemic, adopted by the Governing Body at its 340th Session ( GB.340/Resolution), in which Member States are called upon to take measures to address the negative effects of the pandemic on the rights of fishers, and requests the Government to provide information in its next report on any temporary measures adopted in this regard, their duration and their impact on fishers’ rights.

Implementation measures. The Committee notes the Government’s indication that the Convention is principally implemented through the Merchant Shipping Code of 2002 (MSC) and the Maritime Fishing Code of 2015 (MFC), supplemented by their implementing decrees. The Committee also notes the collective agreement of 1976 establishing the terms and conditions of employment of officers and seafarers in the Senegalese merchant navy (fishing section). However, the Committee notes that any revisions that have been made to the collective agreement are not available. The Committee notes that the MSC provides that several supplementary implementing regulations shall be adopted to specify the conditions for the implementation of some of its provisions. The Committee notes the Government’s indication that the MSC is the subject of a draft revision to take into account certain of the requirements of the Convention, although no copy is provided. The Committee notes the Government’s indication that the Constitution of Senegal enshrines the supremacy of ratified international Conventions over domestic laws. However, the Committee recalls that the Conventions includes requirements for which Member States have to take the necessary measures to ensure the conformity of national law and practice. The Committee requests the Government to indicate and provide all the laws, regulations and clauses of agreements adopted or under preparation to give effect to the Convention. The Committee notes that sections 5 and 6 of the MSC encourage dialogue and co-management in the fishing sector, through the mobilization of occupational organizations, maritime fishing communities and all other actors concerned. The Committee notes in this respect that local artisanal fishing councils have been entrusted with various functions in relation to the organization of fishing communities (section 6 of Decree No. 2016-1804 of 22 November 2016). The Committee also notes the report prepared under the authority of Ministry of Fishing and the Maritime Economy on the roles and responsibilities of artisanal fishing organizations (2019). The Committee requests the Government to provide detailed information on the role of these councils and organizations in the context of the adoption and implementation of the relevant measures for the implementation of the Convention. The Committee notes that the Government refers on several occasions in its report to a Title of the MSC on maritime labour (sections 396 to 435), particularly with regard to night work by young seafarers (Article 9, paragraph 6), the minimum duration of rest periods on board and the minimum payment required in the event of the suspension of normal hours of work (Articles 13(b) and 14, paragraphs 1(b), 2 and 4) and protection in the event of work-related sickness, injury or death (Articles 38 and 39). The Committee notes that this Title of the MSC is not however applicable to fishing vessels, under the terms of section 397 of the MSC, which restricts its scope of application to seagoing ships engaged in the transport of goods and passengers. The Committee requests the Government to indicate the measures adopted or under preparation to give effect to Article 9, paragraph 6, Article 13(b), Article 14, paragraphs 1(b), 2 and 4, and Articles 38 and 39.

Articles 1–4. Definition and scope of application. Fishing vessel. Artisanal fishing. The Committee notes that section 10 of the MFC provides that maritime fishing vessels shall be subject to the legislation respecting seagoing ships, namely the MSC and its implementing measures. The Committee notes that section 17 of the MSC provides that maritime navigation includes fishing navigation giving rise to the catching of fish and, in general, the exploitation of fish resources. However, the Committee notes that maritime navigation does not appear to include inland waterways, lakes and canals. The Committee notes that, during the national tripartite seminar to raise awareness of ILO maritime instruments, held in Dakar from 13 to 18 July 2009, it was explained that the MSC and the collective agreement of 1976 establishing the terms and conditions of employment of officers and seafarers in the Senegalese merchant navy (fishing section) only apply to industrial fishing. The Committee notes that an artisanal fishing vessel is defined in section 2 of the implementing Decree of the MFC as any open vessel that uses means of catching fish that are not mechanically powered and in which the only means of conservation is ice or salt. The Committee notes that the statistics at its disposal indicate that artisanal fishers represent nearly 90 per cent of direct jobs and 65 per cent of indirect jobs in the fishing sector (accounting for around 50,000 direct jobs and 550,000 indirect jobs). In this regard, the Committee notes that the Government does not indicate the measures applicable to vessels and fishers in the artisanal fishing sector. The Committee recalls that the Convention, except as otherwise provided, applies to all fishers and all fishing vessels engaged in commercial fishing operations, which include all fishing operations, including fishing operations on rivers, lakes or canals, with the exception of subsistence fishing and recreational fishing (Articles 1 and 2). The Committee also recalls that Article 1(g) provides that the terms “fishing vessel” or “vessel” mean any ship or boat, of any nature whatsoever, irrespective of the form of ownership, used or intended to be used for the purpose of commercial fishing, which includes vessels in the artisanal fishing sector. The Committee requests the Government to indicate the manner in which it ensures that all fishing vessels, within the meaning of the Convention, including those engaged in artisanal fishing, are effectively covered. It also requests the Government to provide recent statistics on the number of fishing vessels and fishers, drawing a distinction between whether: (1) they operate at sea or in rivers, lakes or canals; and (2) they are in the industrial or artisanal fishing sector.

Articles 1–4. Definition and scope of application. Fisher. The Committee notes that Book IV of the MSC, respecting “seafarers”, applies to the maritime articles of agreement of all “mariners”, irrespective of nationality, engaged on board a Senegalese ship. However, the Committee notes that the concepts of “mariners” and “seafarers” are not defined within the context of the MSC. The Committee also notes that Book IV, Chapter III, of the MSC, respecting maritime articles of agreement, contains two sections, of which one contains provisions specifically applicable to masters. The Committee recalls that, within the meaning of the Convention, “fisher” means every person employed or engaged in any capacity or carrying out an occupation on board any fishing vessel, including persons working on board who are paid on the basis of a share of the catch, but excluding pilots, naval personnel, other persons in the permanent service of a government, shore-based persons carrying out work aboard a fishing vessel and fisheries observers (Article 1(e)). The Committee also recalls that this definition includes the skipper, namely the fisher having command of a fishing vessel (Article 1(l)). The Committee requests the Government to indicate whether all fishers, within the meaning of the Convention, including the skipper of a fishing vessel, are in practice considered to be “mariners” or “seafarers” for the purposes of the implementation of the MSC and its implementing regulations.

Article 5. Basis for measurement of fishing vessels. The Committee notes the Government’s indication that section 107 of the MSC retains gross tonnage as the basis for measurement. The Committee notes that it is also the criterion retained by the MFC. The Committee recalls that Article 5 of the Convention calls on Members to use length (L) in the context of its implementation. As an exception, the competent authority, after consultation, may decide to use length overall (LOA) in place of length (L) as the basis for measurement, in accordance with the equivalence set out in Annex I. For the specific purpose of the implementation of Annex III respecting fishing vessel accommodation, the competent authority, after consultation, may decide to use gross tonnage in place of length (L) or length overall (LAO) as the basis for measurement in accordance with the equivalence set out in that Annex. The Committee requests the Government to indicate the measures adopted or under preparation to give full effect to Article 5.

Article 9. Minimum age. The Committee notes that sections 287 and 305 of the MSC prohibit work on board fishing vessels by persons under 16 years of age, subject to the exceptions envisaged by the Convention (Article 9, paragraphs 1 and 2). Noting that in the past the Committee observed that the great majority of child workers in Senegal are in the agricultural sector, followed by the stock-rearing and fishing sectors, the Committee requests the Government to provide detailed information on the measures adopted to ensure effective compliance in the fishing sector, including in artisanal fishing, with the minimum age of 16 years, subject to the permitted exceptions. With reference to the prohibition for young persons under 18 years of age to be assigned to activities on board fishing vessels, which by their nature or the circumstances in which they are carried out are likely to jeopardize their health, safety or morals (Article 9, paragraph 3), the Committee notes that the Government refers to the draft revision of the MSC, which is reported to set a minimum age of 18 years for admission to the occupation, a priori without any exceptions. The Committee requests the Government to indicate and provide copies of the measures adopted or under preparation that give full effect to Article 9, paragraph 3. The Committee notes that the Government has not provided any information on the determination of the types of activities referred to in Article 9, paragraph 4, as determined by national laws or regulations, or by the competent authority, after consultation. The Committee notes that Ministerial Order No. 3750 of 6 June 2003 determines the nature of the hazardous types of work that are prohibited for children and young persons and prohibits, among other measures, the employment of children as stokers on board industrial and artisanal fishing vessels and boats. However, noting that this order is of general application, the Committee requests the Government to provide detailed information on the manner in which account has been taken of the specific working conditions on fishing vessels in the determination of the list of hazardous types of work prohibited for children.

Articles 13 and 14. Manning and hours of rest. The Committee notes that section 58 of the MSC provides that a ship may not be used for maritime navigation unless it meets the required safety standards in respect of, among other matters: the manning and vocational qualifications of the members of the crew. The Committee notes that the Government refers to section 299 of the MSC, which provides that all ships shall have on board a qualified crew in sufficient numbers to ensure (…) the statutory hours of work on board. The Committee requests the Government to indicate the requirements respecting the qualifications that fishers must have for vessels of 24 metres in length and over (Article 14, paragraph 1).

Article 15. Crew list. The Committee notes the Government’s indication that it is through the drawing up of the list of crew members that effect is given to this provision of the Convention. However, the Committee notes that sections 43 and 45 of the Decree determining the conditions for the implementation of Act No. 2002-22 of 16 August 2002 issuing the Merchant Shipping Code provides that pirogues and some categories of open vessels are exempt from the requirement to issue a list of crew members. The Committee requests the Government to indicate the manner in which it ensures that every fishing vessel, including vessels in the artisanal fishing sector, shall carry on board a crew list, a copy of which shall be provided to authorized personnel ashore prior to departure of the vessel, or communicated ashore immediately after departure of the vessel (Article 15).

Article 16. Fisher’s work agreement. The Committee notes that section 302 of the MSC provides that any seafarer working on board a ship shall be required to have concluded seafarers’ articles of agreement with the shipowner or her or his representative in accordance with the provisions in force. The Committee notes the Government’s indication that the content of agreements is in accordance with Annex II, without however specifying the respective national provisions. The Committee notes that section 306 of the MSC provides that the seafarers’ articles of agreement shall be drawn up in clear terms and be such as to leave the parties in no doubt as to their respective rights and duties. All the clauses and stipulations of the articles of agreement, to be valid, must be recorded or enumerated in the crew list. The Committee notes that sections 109 of the Decree determining the conditions for the implementation of Act No. 2002-22 of 16 August 2002 issuing the Merchant Shipping Code provides that the crew list shall record, for each crew member: (a) family name and given name(s); (b) date and place of birth; (c) parents; (d) nationality; (e) identification number and place; (f) conditions of engagement; and (g) duties to be performed on board and qualifications. Noting that these particulars do not correspond to all the particulars that must be included in the fisher’s work agreement, in accordance with Annex II, the Committee requests the Government to indicate the measures adopted or under preparation to give full effect to these requirements of the Convention.

Article 21. Repatriation. The Committee notes that section 391 of the MSC sets out the conditions under which a crew member of Senegalese nationality, domiciled in Senegal, who is set ashore abroad during or upon the expiry of the work agreement has the right to be repatriated to the Senegalese port of embarkation. The Committee notes that section 394 of the MSC provides that a member of the crew of foreign nationality, who is set ashore or left in a port in Senegal during or upon the expiry of the work agreement, has the right to be repatriated to the country in which she or he is domiciled, to the port of embarkation or to the port of departure of the ship, at her or his choice, unless otherwise agreed in the work agreement or a subsequent agreement. However, the Committee recalls that Article 21, paragraph 1, provides that fishers on a fishing vessel that flies the flag of a Member State and that enters a foreign port are entitled to repatriation in the event that the fisher’s work agreement has expired or has been terminated for justified reasons by the fisher or by the fishing vessel owner, or the fisher is no longer able to carry out the duties required under the work agreement and cannot be expected to carry them out in the specific circumstances. This also applies to fishers from that vessel who are transferred for the same reasons from the vessel to a foreign port. The Committee requests the Government to indicate the measures adopted or under preparation to ensure that fishers are entitled to repatriation in the circumstances set out in Article 21, paragraph 1. Noting that the MSC does not specify the maximum duration of service periods on board following which a fisher is entitled to repatriation (Article 21, paragraph 3), the Committee requests the Government to indicate the measures adopted or under preparation in that regard. The Committee notes that sections 391, 393 and 394 of the MSC set out various circumstances in which the cost of repatriation may be recovered from the seafarer, for example where the seafarer has been found to be in default. The Committee recalls that Article 21, paragraph 2, provides that, when the fisher is entitled to repatriation, the cost of repatriation shall be borne by the fishing vessel owner, except where the fisher has been found, in accordance with national laws, regulations or other measures, to be in serious default of his or her work agreement obligations. The Committee requests the Government to indicate the measures adopted or under preparation to give full effect to Article 21, paragraph 3. It further requests the Government to indicate how it ensures that, if a fishing vessel owner fails to provide for the repatriation, the Senegalese authorities arrange for the repatriation of the fisher concerned and are entitled to recover the cost from the fishing vessel owner (Article 21, paragraph 4). The Committee notes that section 391 of the MSC provides that repatriation shall be considered to have been ensured when the seafarer is found suitable employment on board a ship sailing to the Senegalese port of embarkation. Where the seafarer is repatriated as a member of the crew, she or he shall be entitled to remuneration for the services discharged during the voyage. The Committee recalls that, in relation to the entitlement of the fisher to repatriation without cost in the cases and under the conditions set out in the Convention and national laws and regulations, the fishing vessel owner cannot be considered to have met the obligation by proposing employment to the fisher, even if it is suitable and remunerated, on board a vessel sailing to the repatriation destination. The Committee requests the Government to bring the national laws and regulations into conformity with the Convention on this point.

Article 22. Recruitment and placement. The Committee notes the Government’s indication that it has not yet ratified the Private Employment Agencies Convention, 1997 (No. 181). The Committee also notes the Government’s indication that recruitment can either be carried out directly by the fishing vessel owner if the vessel is Senegalese, or through a private employment agency if the vessel is foreign. However, irrespective of the method of recruitment, the Maritime Authority exercises its right of supervision through approval of seafarers’ articles of agreement and the crew list. The Committee notes the Government’s further indication that the establishment of an employment agency is subject to the approval of the Maritime Authority, based on an examination of the application. However, the Committee notes that the Government has not indicated the laws, regulations or other measures which prohibit recruitment and placement services, whether they are public or private, from using means, mechanisms or lists intended to prevent or deter fishers from engaging for work (Article 22, paragraph 3(a)). The Committee also notes that the Government has not indicated the national laws, regulations or other measures that determine the conditions under which such agencies may operate, nor the conditions under which any licence, certificate or similar authorization of a private recruitment or placement service may be suspended or withdrawn in case of violation of the relevant laws or regulations (Article 22, paragraphs 2 and 3(c)). The Committee requests the Government to indicate the measures adopted or under preparation to give full effect to these provisions of the Convention.

Articles 23 and 24. Payment of fishers. The Committee notes that the MSC envisages various payment arrangements, monthly (section 355), for the voyage (section 356) and a share in the profit (section 357) and that, with the exception of mariners paid on a monthly basis, the conditions respecting payment are to be set out in the work agreement and, for mariners paid as a share in the profit, also by custom. The Committee requests the Government to indicate the measures adopted or under preparation requiring that fishers who are paid a wage are ensured a monthly or other regular payment (Article 23). The Committee notes the Government’s indication that fishers working on board fishing vessels may receive payment of their wage directly or delegate persons for that purpose, in accordance with sections 375 to 380 of the MSC. However, the Committee notes that these sections do not provide that this service shall be provided at no cost to the fisher and that such delegation may concern all or part of their payments received, including advances. The Committee requests the Government to indicate the measures adopted or under preparation requiring that all fishers working on board fishing vessels shall be given a means to transmit all or part of their payments received, including advances, to their families at no cost (Article 24).

Articles 25, 26, 28 and Annex III. Accommodation. The Committee notes the Government’s indication that the requirements of the Convention respecting accommodation are given effect by sections 384 to 389 of the MSC and sections 130 to 137 of the Decree determining the conditions for the implementation of Act No. 2002-22 of 16 August 2002 issuing the Merchant Shipping Code. However, the Committee notes that these provisions do not apply to ships under 30 gross tonnes. The Committee also notes that these provisions envisage and require the adoption of supplementary regulations for the implementation of the detailed requirements of Articles 26 and 28 and Annex III. The Committee requests the Government to indicate all the measures adopted or under preparation to give full effect to Articles 26 and 28, and Annex III.

Articles 29 and 30. Medical care. The Committee notes the various measures that give effect to these requirements of the Convention, including Decree No. 2016-933 of 5 July 2016 respecting the health of seafarers. The Committee notes the Government’s indication that an inter-ministerial order establishing minimum requirements for health on board Senegalese ships is under preparation. Noting that the scope of application of Decree No. 2016-933 of 5 July 2016 respecting the health of seafarers makes reference to the MSC, which in practice only applies to industrial fishing, the Committee requests the Government to provide detailed explanations of the measures applicable in the artisanal fishing sector. The Committee notes that section 432 of the MSC, which provides that a seafarer injured while in the service of the ship, or who suffers sickness while on board, after the ship has left port or the seafarer has been taken ashore, has the right to any necessary medical care at the expense of the shipowner, is not however applicable to fishing vessels. The Committee notes that the Government does not indicate the measures providing that fishers have the right to medical treatment ashore and the right to be taken ashore in a timely manner for treatment in the event of serious injury or illness (Article 29(e)) and, for fishing vessels of 24 metres in length or over, taking into account the number of fishers on board, the area of operation and the duration of the voyage, to the extent consistent with the Member’s national law and practice, that medical care provided while the fisher is on board or landed in a foreign port is provided free of charge to the fisher (Article 30(f)). The Committee requests the Government to indicate the measures adopted or under preparation to give full effect to Articles 29(e) and 30(f).

Articles 31–33. Occupational safety and health and accident prevention. The Committee notes that section 350 of the MSC provides that the shipowner is required to ensure on board ship compliance with the respective occupational health, accommodation and safety requirements. The Committee notes that Decree No. 2016-933 of 5 July 2016 respecting the health of seafarers determines the functions of the Seafarers’ Health Service in respect of the prevention of occupational risks. The Committee notes that the laws and regulations in force only give effect, for ships engaged in maritime navigation, to certain of the requirements of Articles 31–33, such as the reporting of occupational accidents. The Committee requests the Government to indicate the measures adopted or under preparation to give full effect to Articles 31–33, including for fishing vessels in the artisanal fishing sector.

Articles 34–37. Social security. The Committee notes the Government’s indication that in Senegal employers are under the obligation to affiliate to and register their workers with the Social Insurance Institute for Old-Age Pensions (IPRES) and the Social Security Fund. The Committee notes that such registration is envisaged in sections 421 to 423 of the MSC, which are not however applicable to fishing vessels. The Committee notes that the Social Security Code, which covers the family benefit and employment injury branches, provides that it is applicable to employees governed by the MSC. However, the Committee recalls that the MSC is only applicable to fishing vessels engaged in maritime navigation and is not in practice applied to vessels in the artisanal fishing sector. Moreover, the Committee notes that the MSC provides for the registration with social security institutions of seafarers working on board Senegalese ships. In the case of seafarers engaged on foreign ships, such registration must be envisaged in the seafarers’ articles of agreement and the contributions must have been paid in practice. The Committee recalls that Article 34 provides that each Member shall ensure that fishers ordinarily resident in its territory, and their dependants to the extent provided in national law, are entitled to benefit from social security protection under conditions no less favourable that those applicable to other workers, including employed and self-employed persons, ordinarily resident in its territory. The Committee requests the Government to indicate all the measures adopted or under preparation to give effect to Article 34. It requests the Government to provide detailed information on the manner in which the social security coverage envisaged by the MSC and the Social Security Code is afforded in practice to fishers who are ordinarily resident in Senegal and on any obstacles encountered in relation to their registration or access to benefits. The Committee requests the Government to provide detailed statistics on the number of fishers registered in practice with Senegalese social security institutions. It requests the Government to keep it informed of the efforts made to secure suitable social security protection for fishers in the artisanal fishing sector.

Articles 40–44. Compliance and enforcement. The Committee notes that the MSC provides for inspections to be undertaken by the Maritime Authority or under the authority of a central ship safety commission or local commissions. The Committee notes that inspections take into account the international Conventions on the safety of maritime navigation, the safety of life at sea, health, living and working conditions on ships and the prevention of pollution to which Senegal is a party. The Committee also notes that, with regard to the valid document envisaged in Article 41, the Government indicates that the MSC and its implementing Decree provide for a navigation permit to be issued by the Maritime Authority through its maritime safety services, following an overall inspection during which a series of measures are controlled by the responsible team. The validity of this permit is one year. International safety documents are drawn up in accordance with the respective international Conventions. The Committee requests the Government to provide detailed information on the number and findings of inspections undertaken on fishing vessels, and to supply examples of the reports drawn up following these inspections and an example of the navigation permit which certifies the conformity of a fishing vessel with the provisions of the present Convention respecting the living and working conditions on board. The Committee notes the Government’s indication that the mechanisms for complaints and inspections envisaged in Articles 43 and 44 have not yet been implemented. The Committee requests the Government to indicate the measures adopted or under preparation to give effect to Articles 43 and 44.

Article 13(2)(b) of the Convention. Measures with immediate executory force in regard to occupational safety and health. The Committee previously noted that Decree No. 2006-1255 of 15 November 2006 limits the application of measures with immediate executory force in the event of imminent danger to health or safety of workers to situations arising from failure to comply with occupational safety and health laws or regulations (section 18), except in the building sector, where no violation of the legislation is required for an order of cessation of work (sections 19 and 20). The Government indicated that these limitations were being considered in the context of the reflections concerning the strengthening of the legal powers of labour inspectors. The Committee notes the Government’s statement in its report that the draft text strengthening the legal powers of labour inspectors, which necessitates the revision of a number of provisions of the national labour legislation, is under way and that the various actors concerned are concerting thereon. The Committee requests the Government to pursue its efforts to take the necessary measures to bring its legislation and practice into full conformity with Article 13(2)(b) of the Convention as soon as possible, allowing inspectors to impose measures with immediate executory force in the event of imminent danger to the health or safety of the workers in all industrial and commercial establishments, without the obligation to determine whether or not there is violation of the legislative or regulatory provisions.

Articles 17 and 18. Effective enforcement of adequate penalties for violations of legal provisions. Further to its previous comments, the Committee notes the statistics provided by the Government, and also that the numbers of compliance letters (556 in 2015; 1,062 in 2016; 1,069 in 2017; and 1,429 in 2018) and official notices (24 in 2015; 54 in 2016 and 56 in 2018) issued by labour inspectors requiring employers to conform with the legislation, have increased, while more severe measures, such as reports of non-compliance, have greatly reduced (58 in 2014; 2 in 2015; 0 in 2017; and 1 in 2018. The Committee requests the Government to provide information on the reasons for the reduced number of non-compliance reports issued. It also requests the Government to provide specific information on the number of documents submitted annually by the labour inspectorate to the prosecutors and judges, the number of cases where proceedings have been filed or legal action engaged, and the outcomes thereof.

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

Article 3(2) of the Convention. Additional duties entrusted to labour inspectors. In its previous comment the Committee noted that in 2015 the labour inspection services dealt with a significant number of individual and collective labour disputes, tasks that could be incompatible with inspectors’ primary function of ensuring respect for the law, and had requested the Government to provide information on the time and resources devoted by labour inspectors to the additional functions of conciliation and mediation. The Committee notes the Government’s statement that the conciliation function fulfilled by the labour inspectors does not hamper them in discharging their primary duty of inspection, as shown by the increase from 2,557 inspections carried out in 2017, to 4,189 inspections in 2018 and in conciliation exercises from 1,814 to 2,124 over the same period. The Committee requests the Government to continue providing information on the measures taken to ensure that the exercise of additional functions such as conciliation and mediation by labour inspectors does not interfere with the discharge of their primary functions.

Article 6. Status and conditions of service of labour inspectors. The Committee notes that, in response to its previous requests for information on any progress made in the revision of the conditions of service of labour inspectors, the Government indicates that, while Decree No. 77-884 of 10 October 1977 on the specific conditions of service of public servants in labour and social security has not yet been modified, a policy has been launched to improve the employment conditions of administration technical staff through measures including: (i) increasing the budgets allocated to the labour inspection services; (ii) improving the career prospects of labour inspectors by making secondment possible to other posts of responsibility in other administrations and public services; and (iii) improving the remuneration of labour inspectors and controllers. The Committee requests the Government to continue to provide information on the status and conditions of service of labour inspectors, in conformity with Article 6 of the Convention, and to submit to it a copy of any relevant new legislative or regulatory text.

Articles 7, 10, 11 and 16. Human and material resources of the inspection system and inspection visits. The Committee had previously noted that the number of inspectors had declined in 2016 and had requested the Government to take the necessary measures to ensure that there was a sufficient number of labour inspectors to secure the effective discharge of their duties. The Committee notes with interest the Government’s statement that the number of labour and social security inspectors and controllers responsible for inspection visits to enterprises increased from 64 in 2016 to 134 in 2019. The Government also indicates that greater material and logistical means and equipment, required to enable the inspectors to discharge their duties, have been placed at their disposal (construction of new inspection offices, renovation of premises, IT equipment, 39 dedicated vehicles). Welcoming this progress, the Committee requests the Government to supply information on the number of labour inspection staff members as well as detailed information on the financial and material resources placed at the service’s disposal, for example, the number of vehicles available to inspectors. Furthermore, the Committee requests the Government to provide more information on the recruitment procedure for labour inspectors, and to supply information on the measures taken to ensure that newly recruited labour inspectors receive adequate training, to allow them to discharge their duties effectively and independently, in particular specifying the frequency, attendance levels and the impact of the training activities.

Article 9. Association of technical experts and specialists in the work of the labour inspection services. The Committee notes that, in response to its previous request regarding the setting up of medical inspection services, the Government indicates that the difficulties in recruiting occupational physicians persist. However, it also indicates that labour inspectors can, by virtue of article L-197(3)(1) to (3) of the Labour Code, during the inspection visit and where necessary, call for advice from, or consult with, doctors and technicians, especially concerning matters of hygiene and safety; They may also request to be accompanied on their visits by doctors and technicians.

Article 12(1)(a). Powers of investigation of labour inspectors. In its earlier requests the Committee noted that article L.197(2) of the Labour Code, which allows labour and social security inspectors to visit workplaces by night only where collective work is undertaken, is not in conformity with the principle expressed in Article 12(1)(a) of the Convention, which provides that inspectors are empowered to enter freely and without previous notice, at night, any workplace liable to inspection. The Committee notes that the Government’s report shows no progress in that direction. The Committee requests the Government to provide information on the measures adopted or envisaged to bring article L.197(2) of the Labour Code into conformity with Article 12(1)(a) of the Convention, in order to ensure that inspection visits carried out at night are not limited solely to premises where collective work is undertaken, but are possible in all workplaces liable to inspection.

Article 18. Adequate penalties provided for by national law for violations of the legal provisions. The Committee notes that, in response to its earlier comments concerning the revision of the amounts of penalties imposed for violation of the labour legislation, the Government indicates that the minister for labour, under whose authority it lies, is consulting with the different technical services so as to propose, as soon as possible, the relevant draft texts. The Committee requests the Government to continue to supply information on the measures adopted for the revision of the amounts of penalties, so as to ascertain that the types of penalties applied for violations of the labour law are appropriate to the nature and gravity of the violation.

Articles 20 and 21. Annual labour inspection reports. The Committee notes the Government’s statement that the reports containing labour statistics, giving details of the activities undertaken by the labour inspection services in respect of the various areas of labour law, and containing the information on the subjects listed under Article 21 of the Convention, are published at the end of each year and made available to all users by the competent services of the ministry of labour. The Committee therefore welcomes the annual activity reports of the labour and social security inspection services for 2016, 2017 and 2018, available on the Government website.

Bringing the legislation into conformity with the Convention. The Committee recalls that, for very many years, its comments have related to the need to amend several legal provisions to bring them into conformity with the Convention. While the Government has so far indicated its willingness to make these amendments, the Committee notes with deep regret that the Government’s latest report contains no information on the measures taken to implement its recommendations. Under these conditions, the Committee finds itself obliged once again to call on the Government to take the necessary measures without further delay to bring the national law into full conformity with the Convention on all of the following points.

Article 2 of the Convention. Trade union rights of minors. The Committee recalls its previous recommendations on the need to amend section 11 of the Labour Code to guarantee the right to organize of minors who have reached the statutory minimum age for admission to work (15 years of age, under section L.145 of the Labour Code), both as workers and as apprentices, without a requirement for authorization from their parents or guardians. The Committee noted previously that a Bill amending section 11 had been approved by the National Consultative Labour Council and that the aim of this amendment was to guarantee that minors could freely join trade unions, without any restriction or prior authorization, from the age of 16 years, which is the age of completion of compulsory schooling in Senegal. The Committee urges the Government to report on any progress achieved with regard to the modification of section 11 of the Labour Code to enable minors to freely join trade unions, once they have reached the minimum age for access to employment, as provided for in the Labour Code.

Articles 2, 5 and 6. Right of workers to establish organizations of their own choosing without previous authorization. The Committee recalls its previous recommendations on the need to repeal Act No. 76-28 of 6 April 1976 and to amend section L.8 of the Labour Code in order to guarantee workers and their organizations the right to establish organizations of their own choosing without previous authorization. The Committee noted with regret that the Government’s previous report confined itself to recalling that the procedure in question comprised only simple administrative formalities. The Committee urges the Government to take without delay measures to repeal the legislative provisions that restrict the freedom of workers to establish organizations of their own choosing, particularly the provisions concerning the morality and aptitude of trade union leaders or those which grant de facto to the authorities the discretionary power of previous authorization, which is contrary to the Convention.

Article 3. Right of trade union organizations to exercise their activities in full freedom and to formulate their programmes. Requisitioning in the event of a strike. The Committee recalls that its comments concerned the need to adopt the Decree implementing section L.276 of the Labour Code, establishing the list of jobs where the requisitioning of workers in the event of a strike is authorized only to ensure the operation of essential services in the strict sense of the term. On this point, the Committee recalls that the Government referred previously to Decree No. 72-17 of 11 January 1972, which establishes the list of posts, jobs and functions the occupant of which may be requisitioned, without taking into account the comments made by the Committee in 2006, namely that the Decree in question provides for the requisitioning of workers in the event of a strike for many posts, jobs or functions to which the definition of the term “essential services” does not apply in its strict sense (essential services are those the interruption of which would endanger the lives, safety or health of the whole or part of the population). The Committee urges the Government to take the necessary measures to ensure that the implementing Decree of section L.276 of the Labour Code authorizes the requisitioning of workers only to ensure the operation of essential services in the strict sense of the term.

Occupation of workplaces in the event of a strike. The Committee recalls its previous recommendations on the need for a provision stipulating that the restrictions set forth in section L.276 of the Labour Code concerning the occupation of workplaces or their immediate surroundings shall apply only when strikes cease to be peaceful or when respect for the freedom to work of non-strikers and the right of the management to enter the premises of the enterprise are hindered. The Committee urges the Government to take the necessary measures to limit the restrictions provided for in section L.276 of the Labour Code to the instances mentioned above.

Article 4. Dissolution by administrative authority. The Committee recalls that its comments concerned the need to adopt legislative or regulatory provisions that expressly provide that the dissolution of seditious associations, as envisaged by Act No. 65-40 of 22 May 1965 on associations, may in no event be applied to occupational organizations. The Government indicated in its report of 2015 that the legislation was being brought into conformity in this regard. In its report of 2018, the Government merely indicated that administrative dissolution is not feasible under Senegalese law. The Committee urges the Government to take the necessary measures to amend the legislation such that the dissolution of seditious organizations, provided for by Act No. 65-40 of 22 May 1965 on associations, may in no event be applied to professional organizations.

Trade union rights of customs workers. In its previous comments, the Committee noted the recommendations of the Committee on Freedom of Association with respect to a case concerning the trade union rights of customs officials (see 384th Report, March 2018, Case No. 3209) inviting the Government to amend section 8 of Act No. 69-64 of 30 October 1969 (the Customs Staff Regulations Act) in order to remove the prohibition against the exercise by customs workers of their trade union rights. In the absence of information in this regard, the Committee once again requests the Government to indicate the measures taken or envisaged to amend section 8 of Act No. 69-64 (the Customs Staff Regulations Act) in order to remove any obstacles to the exercise of trade union rights.

The Committee reminds the Government of the availability of ILO technical assistance with regard to the various legislative matters raised.

Articles 1(1) and 2(1) of the Convention. Trafficking in persons. In reply to the Committee’s comments, the Government indicates in its report that the labour inspectorate and the labour courts see virtually no cases of forced or compulsory labour, let alone trafficking in persons of which workers are victims. In its report presented on the application of the Worst Forms of Child Labour Convention, 1999 (No. 182), the Government also indicates that the National Anti-Trafficking Unit regularly involves law enforcement officials in its training programmes on trafficking in persons and smuggling of migrants, and that trafficking in persons in all its forms is severely punished under the law. Between 2013 and 2018, the budget of the National Anti-Trafficking Unit was increased from 20 million to 85 million CFA francs and its staff was reinforced. An electronic data collection system, known as SYSTRAITE, has been in place since 2016 and members of the judiciary have gained knowledge of it through training. The Committee further notes that, according to information available on the website of the United Nations Office on Drugs and Crime, for several years, the phenomenon of forced prostitution has been on the rise in the south-eastern Kédougou region of Senegal. Hundreds of young women from all over the region are victims of trafficking. The traffickers promise them jobs as models, hairdressers and restaurant or domestic workers. Most of them have their travel documents confiscated and are then forced into prostitution on behalf of traffickers in order to reimburse the so-called travel expenses. In this regard, the Committee notes that, in its report of 31 July 2019 presented to the UN Committee on the Elimination of Discrimination against Women, the Government indicates that awareness-raising activities have been organized with the support of partners, particularly in the gold panning sites where trafficking for sexual exploitation purposes takes place (Kédougou Region). The annual report of the National Anti-Trafficking Unit, submitted to the Prime Minister on 25 January 2018, summarizes the situation of trafficking in Senegal and comprises recommendations on policies to be implemented. The National Anti-Trafficking Unit also commissioned a study on trafficking in persons through domestic servitude, as well as a study to review the specific normative framework on trafficking in persons, conduct a documentary review of trafficking in persons, migrant smuggling and victim protection, analyse data on the phenomenon and formulate recommendations. The latter proposes a new law that incorporates the definition of article 3 of the Palermo Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children. As for the SYSTRAITE data collection system, the experimental phase covers judicial proceedings and will be tested in five pilot regions in 2019 (see CEDAW/C/SEN/8, paragraphs 74 and 77–79). The Committee also notes that, in its national report submitted to the UN Human Rights Council of 30 August 2018, the Government indicates that Senegal is now implementing its third two-year action plan to combat trafficking in persons, covering the period 2018–2020. Capacity-building for the judiciary and other officials continues and the number of specialized justice officials is growing (see A/HRC/WG.6/31/SEN/1, paragraphs 38–40). The Committee also notes that, in its most recent concluding observations, the UN Human Rights Committee expressed concern at the extremely limited number of prosecutions and convictions under Act No. 2005-06, of 10 May 2005, on combating trafficking in persons and similar practices, particularly the exploitation of women and children (CCPR/C/SEN/CO/5, 7 November 2019, paragraph 30). The Committee therefore urges the Government to increase its efforts and to take measures with a view to ending, preventing and combating trafficking in persons for both sexual and labour exploitation. Furthermore, the Committee encourages the Government to continue its efforts to strengthen the capacity of the law enforcement bodies, including the labour inspectorate, in order to enable them to better understand and identify practices of trafficking in persons for purposes of sexual and labour exploitation and to prosecute the perpetrators. The Committee requests the Government to communicate information on the measures taken to coordinate their efforts and the results achieved so that traffickers are effectively prosecuted and victims can receive adequate protection and assistance to assert their rights and reintegrate. Please also indicate the number of legal proceedings initiated and, if applicable, a copy of any court decisions handed down, and the penalties imposed. Noting that the study commissioned by the National Anti-Trafficking Unit proposes a new law on trafficking in persons, the Committee requests the Government to provide information on any legislative changes that have occurred. The Committee also requests the Government to provide a copy of the action plan to combat trafficking in persons and information on its implementation, as well as a copy of the most recent annual report of the National Anti-Trafficking Unit on the results achieved in this regard.

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

Article 2(2)(c). Work exacted as a consequence of a conviction in a court of law. Community service. Referring to its previous comments, the Committee notes that the first section of Act No. 2016-29 of 8 November 2016 amends section 44-3 of the Penal Code and provides for the possibility for judges to substitute prison sentences shorter than six months with an alternative penalty to incarceration. This penalty consists of unpaid work carried out by a convicted person, with his or her consent, for the benefit of legal entities governed by public law or associations authorized to carry out such a measure. The Committee also notes that, in its fifth periodic report on the implementation of the International Covenant on Civil and Political Rights of 30 August 2018, submitted to the Human Rights Committee, the Government indicates that the Ministry of Justice has worked hard to get the sentence reduction system, as a whole, up and running, including by establishing a sentence reduction committee in each court of appeal. The replacement of short prison sentences by community service sentences, together with the other sentence reduction measures provided for in Acts Nos 2000-38 and 2000-39 of 29 December 2000 and the implementing decree of 2001, facilitate the reintegration of convicted persons into working society. Alternative sentences of this kind give beneficiaries the opportunity to take positive action and give back to society and deter them from reoffending. The judge responsible for the execution of sentences chairs the prison advisory committee for sentence reduction, which is responsible for helping him or her to determine the main features of the treatment that each convicted person will receive (see CCPR/C/SEN/5, paragraphs 52 and 60). The Committee therefore requests the Government to indicate the criteria by which judges grant authorization to associations wishing to receive persons sentenced to carry out community work and to specify the types of work they perform for those associations.

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

Article 3 of Convention No. 26 and Article 3 of Convention No. 99. Minimum wage-fixing machinery. Further to its previous comments, the Committee notes the information provided in the Government’s report. It also notes that, according to the third periodic report submitted by Senegal under articles 16 and 17 of the International Covenant on Economic, Social and Cultural Rights in November 2018: (i) on 30 April 2018, the social partners concluded a Memorandum of Understanding on the rates of the guaranteed inter-occupational minimum wage (SMIG) and of the guaranteed agricultural minimum wage (SMAG) and has requested the competent authority, in accordance with section L.109 of the Labour Code, to set these rates by decree; and (ii) the draft decree is in the process of adoption (E/C.12/SEC/3, paragraph 37). The Committee requests the Government to provide information on the adoption of this decree.

Article 1(c) of the Convention. Imposition of sentences of imprisonment involving an obligation to work for breaches of labour discipline. The Committee previously emphasized the need to amend sections 624, 643 and 645 of the Merchant Shipping Code (Act No. 2002-22 of 16 August 2002). Under the terms of these provisions, unapproved absence from the vessel, verbal insults, gestures or threats towards a superior, or a formal refusal to obey a service order are punishable by imprisonment, which involves compulsory prison labour in accordance with section 692 of the Code of Penal Procedure and section 32 of Decree No. 2001-362 of 4 May 2001 on the execution and organization of penal sanctions. In view of the fact that the scope of the above-mentioned provisions of the Merchant Shipping Code is not confined to cases in which the breach of discipline would endanger the ship or the life or health of persons on board, the Committee has considered them to be contrary to the Convention, which prohibits recourse to forced labour, including in the form of compulsory prison labour, as a means of labour discipline. The Government indicates in its report that, in general, fines have always been preferred for breaches of discipline, even though the Merchant Shipping Code leaves the choice of whether to impose a fine or a custodial sentence to the judge. The Committee notes that since the Code is currently being revised, the Government will ensure that the definitive version takes into account all of the international obligations of Senegal in this regard. The Committee notes with deep concern that it has been commenting on this matter for more than 40 years, and that the Government did not take the opportunity presented by the adoption of the new Merchant Shipping Code in 2002 to bring its legislation into line with practice and with the Convention. The Committee therefore calls upon the Government to be in compliance with the Convention and expects that the necessary measures will finally be taken to amend articles 624, 643 and 645 of the Merchant Shipping Code so that breaches of labour discipline that do not endanger the ship or the persons on board cannot be punished with prison sentences, under which prison labour may be imposed.

Article 1(d). Imposition of sentences of imprisonment involving an obligation to work as punishment for participation in strikes. In its previous comments, the Committee referred to section L.276 of the Labour Code (under Title 13 on labour disputes), which allows the administrative authority to requisition workers from private enterprises and public services and establishments who are engaged in jobs that are essential for the security of persons and property, the maintenance of public order, the continuity of public services and the satisfaction of the essential needs of the nation. Any worker who does not comply with the requisition order is liable to a fine or imprisonment of three months to one year or both these penalties (section L.279(m)). The Committee noted that the Decree implementing section L.276, which was to establish the list of jobs concerned, was in the process of being adopted and that, in the meantime, Decree No. 72-017 of 11 March 1972 establishing the list of posts, jobs and functions of which the occupants may be requisitioned continued to be applicable. With reference to the comments made on the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Committee observed that, pursuant to these provisions, the power to requisition workers may be exercised in respect of workers whose post, job or functions do not constitute essential services in the strict sense of the term, and that workers who do not comply with a requisition order are liable to imprisonment involving the obligation to work.

The Committee notes with regret that the Decree to implement section L.276, which only authorizes the requisitioning of workers to ensure the operation of essential services in the strict sense of the term, has still not been adopted. Reaffirming that appropriate measures will be taken to comply with the Convention and that the use of requisitioning remains extremely rare in practice, the Government indicates in its report that despite the delay in the adoption of the new Decree to implement section L.276 of the Labour Code, the right to strike will be fully guaranteed to all workers, in accordance with the law, and that those who legally exercise that right do not risk any criminal proceedings. In this regard, the Committee wishes to recall that in all cases and regardless of the legality of the strike action in question, any penalties imposed should be proportionate to the seriousness of the offence, and that the authorities should not have recourse to measures of imprisonment against persons peacefully organizing or participating in a strike. The Committee urges the Government to take the necessary measures to ensure that the Decree implementing section L.276 of the Labour Code is adopted as soon as possible and that workers who do not comply with a requisition order are not liable to imprisonment involving the obligation to work. The Committee expresses the firm hope that the above-mentioned Decree will limit the list of posts, jobs or functions of which the occupants may be subject to a requisition order to posts, jobs or functions that are strictly necessary to ensure the operation of essential services in the strict sense of the term.

The Committee also previously emphasized the need to amend the last paragraph of section L.276 of the Labour Code, under which the exercise of the right to strike may not be accompanied by the occupation of the workplace or its immediate surroundings, otherwise the penalties set out in sections L.275 and L.279 will apply (in the latter case, imprisonment of three months to one year or a fine or both). The Committee requests the Government to take the necessary measures to amend the last paragraph of section L.276 and section L.279 of the Labour Code, in order to ensure that striking workers who peacefully occupy the workplace or its immediate surroundings are not liable to imprisonment during which prison labour may be imposed.

The Committee notes the observations of the National Federation of Independent Trade Unions of Senegal (UNSAS), which were received by the Office on 27 August 2018. It invites the Government to make its comments in this regard.

Parts I and II of the Convention. Improvement of standards of living. In its previous comments, the Committee requested the Government to provide information on the results of the application of the National Economic and Social Development Strategy (SNDES) in terms of the improvement of the living standards of the population. The Committee notes the detailed information provided in response to its 2013 direct request. It notes that in 2014 the SNDES was launched within the Emerging Senegal Plan (PSE), which draws together all earlier development strategies. Among other objectives, the PSE sets the aim of the achievement of strong and lasting economic growth sustained by various sectors with a view to considerably improving the living standards of populations and significantly reducing poverty. This strategy is based on sectoral and local policies and sets sustainable development goals (SDGs). It emphasizes wealth creation, the strengthening of governance, the development of highly labour-intensive subsectors, and particularly the agricultural (agriculture, forestry and livestock), fishing, mining, construction, social habitat and tourism subsectors with a significant impact on the improvement of the well-being of populations and social demand. The Government adds that it regularly devotes over one-third of its budget to social expenditure, which has increased from CFA francs 416 billion in 2006 to nearly 850 billion in 2017. The Committee also notes the various initiatives launched to combat the negative externalities of rapid urbanization, including: the City Modernization Programme (PROMOVILLES), the objective of which is to increase the level of collective facilities and the resources of territorial communities and to improve the refuse services and transport conditions in regional capitals, optimize the management of communal lands, living conditions, visibility and nocturnal security, as well as the employability of young persons; and the Urban Centre Development Programme (PUMA) and the promotion of social habitats. The latter has been given effect through a Framework Act to prevent and eliminate congestion in urban areas. The Government indicates that the PSE aims to improve productivity in rural areas in Senegal, which essentially depend on agriculture for a living, including through the reinforcement and modernization of production systems. The objective is reflected in the important creation of formal jobs and a significant reduction of poverty. The Committee also notes the implementation of the Senegal Agriculture Recovery and Acceleration Programme (PRACAS), which is intended to implement the agricultural component of the PSE, including item 1 “Structural transformation of the economy and growth”, based on three objectives: “(i) reinforcing food security in Senegal and achieving a re-equilibrium of the balance of trade which has deteriorated as a result of food imports; (ii) developing high added value competitive integrated sectors; and (iii) preserving the socio-economic balance and making the rural economy more dynamic”. PRACAS is based on the modernization of family farms through a combination of vocational training for farmers, financing and adapted equipment, the emergence of agricultural and rural enterprises based on the approach of eco-responsible value chains, the organization of demand-driven sectors, the involvement of young persons and women in the implementation of job-creating agricultural farms, the reinforcement of technical knowledge and adapted equipment, and the resilience of disadvantaged population groups. The overall budget allocated to the agriculture subsector is increasing. It was CFA francs 176.5 billion in 2017, up from CFA francs 175.2 billion in 2016 and 172.4 billion in 2015. The added value of the agriculture sub-sector accordingly rose from CFA francs 1,020.8 billion in 2016 to 1,127 billion in 2017, or an increase of 10.4 per cent, above the growth rate of the national economy. With a view to combating food insecurity and limiting vulnerability to shocks related to risks and disasters and climate change, an emergency intervention fund has been established, as well as an assistance and compensation mechanism for victims and a reserve of 10,000 tonnes of cereals each year. Mechanisms are envisaged, among other purposes, to subsidize the purchase of seed and other agricultural inputs, support and set remunerative prices and therefore freeze imports to allow the distribution of local products. The Committee also notes with interest the 2016 revision of the Constitution and the inclusion of Article 25(1), which provides that natural resources belong to the people, shall be used for the improvement of their standards of living and shall be used and managed transparently with a view to generating economic growth, promoting the well-being of the population in general and being ecologically sustainable. The Committee invites the Government to include in its next report updated and detailed information, including statistical data disaggregated by sex and age, on the results of the implementation of the Emerging Senegal Plan (PSE)1, particularly in terms of the application of Article 5 of the Convention and the components of the improvement of standards of living (such as employment, food, housing, medical care and education). It also requests the Government to provide information on the nature and impact of the new measures adopted in the framework of PSE2 to improve the standards of living of the population, within the meaning of Articles 3, 4 and 5 of the Convention.

Part IV. Remuneration of workers. Advances on wages. The Committee notes the information provided by the Government concerning the implementation in practice and the transposition into domestic law of Articles 10 and 11 of the Convention. The Committee invites the Government to indicate the measures adopted or envisaged to give effect to the objectives set out in Articles 12(3) and 13 of the Convention.

Part V. Non-discrimination on grounds of race, colour, sex, belief, tribal association or trade union affiliation. The Committee notes the information provided on the existence of provisions in the Constitution, the Labour Code and collective agreements prohibiting any discrimination between workers on the grounds of race, colour, sex, belief, belonging to a traditional group or trade union affiliation. The Committee notes the Bill to establish a tripartite body, the National Observatory of Discrimination at Work (ONDT). The Committee invites the Government to provide information on the establishment of this observatory and its activities, as well as on its impact on discrimination.

Part VI. Education and vocational training. The Committee notes the adoption of Act No. 2015-01 of 6 January 2015 issuing the Framework Act on vocational and technical training, intended to modernize this subsector, with the objective of meeting labour market needs for skilled human resources. The Committee also notes the initiatives adopted to improve the governance of training and education establishments, including: the creation and operation of steering bodies for public establishments, namely establishment councils and administrative councils; the increased autonomy of public vocational training institutions; the organization of a control/management operation for private vocational training schools; the conduct of risk assessment missions in 68 vocational and technical training institutions in support of the healthy and transparent management of vocational and technical training structures. The Committee also notes the measures adopted for the improvement and modernization of education and training equipment, including: the establishment of new sectoral vocational training centres for jobs relating to heavy vehicles, automobiles, two-wheeled vehicles and outboard motors, energy saving in Diamnbiadio and agricultural machinery in Diama, which are nearing completion; the rehabilitation and equipping of three technical high schools; the construction and fitting out of eight vocational training centres covering the horticulture, tourism and poultry clusters; the construction and fitting out of seven local vocational training centres in different locations; and the provision to institutions in 2016 and 2017 of equipment worth CFA francs 1.5 billion. The Committee invites the Government to include statistical data in its next report on the results achieved in relation to education and training within the meaning of Part VI of the Convention.

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on social security, the Committee considers it appropriate to examine Conventions Nos 19 (equality of treatment), 102 (minimum standards) and 121 (employment injury benefits) together.

Article 1(2) of Convention No. 19. Payment of compensation abroad. In its previous comments, the Committee requested the Government to bring its national legislation and practice into full compliance with the regime of automatic reciprocity in granting equality of treatment to foreign workers and their dependants in case of residence abroad. In its reply, the Government indicates that the regime of automatic reciprocity requires the conclusion of bilateral social security agreements and administrative arrangements. The Committee notes in this regard that such bilateral agreements have been concluded with Mali, Mauritania and France. The Committee requests the Government to indicate whether any bilateral social security agreements or administrative arrangements giving effect to Article 1(2) of the Convention have been concluded with other Members, which have ratified the Convention, and particularly with Burkina Faso, Cabo Verde, Ghana, Guinea-Bissau and Morocco.

Part VII (Family benefit). Article 44 of Convention No. 102. Total value of family benefits. The Committee requests the Government to provide statistical data on total value of family benefits.

Part XIII (Common provisions). Article 72. General responsibility of the Member for the proper administration of social security institutions and services. In its previous comments, the Committee requested the Government to indicate any measures taken or envisaged to curb contribution evasion and fraud in social security. The Committee takes note of various measures indicated by the Government, which aim at the reduction of the social security evasion rate in the Social Insurance Institute, which is still estimated at 50 per cent. The Committee requests the Government to continue providing information on the social security evasion rate and on the measures taken or considered to tackle the issue of social security evasion and fraud.

Article 4 of Convention No. 121. Persons protected. With respect to the persons protected by the employment injury system, the Government indicates that employees are covered when their employers are registered in the employment injury system and social insurance contributions are paid. The Committee requests the Government to indicate whether employment injury benefits are paid by the Social Security Fund to injured workers despite failure by their employers to register them or to pay contributions.

Article 13. Replacement rate of cash benefits in case of temporary incapacity for work. The Committee requests the Government to provide statistical data on the replacement rate of cash benefits in case of temporary incapacity for work in accordance with Titles I–V of the report form for the Convention.

Article 21. Adjustment of benefits. The Committee requests the Government to provide statistical data on adjustment of benefits in accordance with the report form for the Convention.

Articles 1 and 2 of the Convention. Coordination of employment policy and poverty reduction. In reply to its previous comments, the Committee notes with interest that the National Employment Policy (PNE) was technically validated in 2015. The Government indicates that the PNE is based on six main strategies: creating jobs on a massive scale through the Emerging Senegal Plan (PSE), through the major projects of the Head of State and in the traditional economic systems; developing specific public programmes for the creation of decent jobs; developing employment programmes at the local level and improving and developing the matching of training and employment; improving the organization of the labour market and of social dialogue; and strengthening the capacities of the Ministry of Employment. The Committee recalls that the PNE was taken into account in the initial phase (2014–18) of the PSE, which is Senegal’s economic and social policy paper for 2014–35. The Government indicates that several legislative texts, projects and structures have been developed for the implementation of the PSE. In this context, the Committee notes that Act No. 97 17 was adopted on 1 December 1997 issuing the Labour Code and its implementing texts that cover, in particular, internships, apprenticeships, the interoccupational guaranteed minimum wage (SMIG) and non-discrimination. The Government indicates that economic growth has increased in recent years, although this growth is not sufficiently rich in job creation. It adds that, since 2014, the Senegalese labour market has recorded several trends related to the implementation of these strategies. The Committee notes that in 2017, the employment rate was 39.3 per cent for men and 23.7 per cent for women, according to the National Statistics and Demographics Agency (ANSD). In addition, the Government indicates that labour statistics show an annual average job creation of 50,000 jobs in the Senegalese private sector, taking into account the direct impact of government action in terms of funding youth projects and employment-intensive activities for the construction of infrastructure. The Committee requests the Government to provide detailed information on the impact and implementation of each of the PNE strategies, and particularly on large-scale job creation and on the youth projects and employment-intensive activities funded through the Policy. The Committee also requests the Government to provide a copy of the PNE.

Specific categories of workers particularly likely to be affected by a decent work deficit. The Government indicates that there are many active labour market programmes based on support mechanisms for youth and women’s entrepreneurship, which include people with specific needs, such as persons with disabilities. The Committee notes that the Operational Action Plan for Youth Employment (PAOJ) was validated in March 2018. The Committee requests the Government to continue providing updated information on any active employment measures targeting specific categories of workers exposed to decent work deficits, such as young persons, women, persons with disabilities, unqualified or low-skilled workers, and migrant workers, and on their effects on the creation of productive and sustainable job opportunities. In addition, the Committee requests the Government to provide a copy of the PAOJ.

Educational and training programmes. The Committee notes that the National Policy for Educational and Vocational Guidance was technically validated in 2018. The Government indicates that higher education has undergone a major reform, as has vocational and technical training, to respond more closely to the needs of the labour market. It adds that the Vocational and Technical Training Financing Fund and the Senegalese Programme for Youth Entrepreneurship are the operational arms of the departments responsible for training and higher education. The Committee requests the Government to continue providing information on the various educational and training activities and on their results in terms of the strengthening and coordination of measures relating to education and vocational training, including data disaggregated by age and sex, and on the number of men and women who have benefited from these programmes.

Article 2. Collection and use of employment data. The Government indicates that employment data are available through the Employment Information System (SIE), the project to support the promotion of employment for young persons and women (PAPEJF), and the statistics and studies on the impact of the PSE. It adds that information is also available in the reports produced by the ANSD and the Directorate of Labour and Education Statistics (DSTE). The Committee notes that national employment surveys in Senegal (ENES) have been regularly conducted each quarter since 2015. Taking into account that data collection allows the results of employment policies to be reviewed and evaluated, and also progress monitored towards full, productive and freely chosen employment, the Committee requests the Government to provide the available employment data and a copy of the reports produced by the ANSD and the DSTE. It reiterates its request to the Government to provide information on employment trends, and particularly on unemployment and underemployment trends.

Article 3. Participation of the social partners in the design and formulation of policies. The Government indicates that the experience and views of the social partners are constantly taken into account, particularly in the context of the design and implementation of employment policy. It adds that, in the context of the implementation of the new PNE, the social partners are participating actively in the Intersectoral National Technical Committee on Employment and Training (CTNIEFP), the PNE Follow-up Committee and the Inter-ministerial Employment Council. The Committee requests the Government to include in its next report detailed and precise information on the manner in which consultations with the social partners have contributed to the implementation of the PNE and how their experience and views were fully taken into account in the formulation of the policy. It also requests the Government to indicate whether consultations were held with representatives of rural workers, workers in the informal economy and other categories of workers affected by the measures taken.

ILO technical assistance. The Government indicates that collaboration with the ILO is very fruitful in the area of employment. It adds that various initiatives have been developed in this regard, such as the employment policy reform involving the creation of the National Youth Employment Promotion Agency (ANPEJ) and the development and validation of the second phase of the Decent Work Country Programme (DWCP) during 2018. The Committee requests the Government to continue providing information on initiatives that have benefited from ILO cooperation and reiterates its request to the Government to indicate their impact on employment.

Article 4 of the Convention. Requirement to establish standards. In its previous comment, the Committee noted the adoption of Decree No. 2009-240 of 26 March 2009 on the organization and operation of the National Maritime Training School (hereinafter the ENFM) and requested the Government to provide information on the training programmes provided by the school with a view to issuing certificates for masters, mates and engineers on fishing vessels. The Committee notes the Government’s reply in its report that the ENFM “prepares middle-level officers (merchant shipping deck officers and engineers) of the merchant marine and fishing fleet for a period of two years”. For this purpose, it provides training programmes for certificates for masters and engineers on fishing vessels. Training for the certificate of a master of a fishing vessel covers 21 subjects for 32 hours. It combines theory and practice (theoretical and practical work) and includes compulsory traineeships, as well as the possibility to specialize. The certificate for a chief engineer 750 KM covers 13 subjects in theory and practice. The total number of hours is generally estimated at 890. The Committee notes that section 19, second subsection, of Decree No. 2009-240 refers to an order issued by the Minister responsible for the merchant marine determining the “conditions of access, the duration of training, the certificates and prerogatives of mariners”. In this regard, the Committee understands that the term “mariners” (marins) refers to “seafarers, including the necessary personnel on board for fishing, commercial and pleasure vessels”, within the meaning of section 2 of Decree No. 2009-240. The Committee requests the Government to indicate whether an order to determine the conditions of access, the duration of training, the certificates and prerogatives of applicants to become officers on board fishing vessels has been adopted.

Article 6. Minimum age for the issue of a certificate of competency. The Committee notes that, in reply to its previous comment, the Government indicates that the minimum age for the issue of maritime vocational certificates to work as officers on board fishing vessels is “set at 20 years, with reference to the minimum age for admission to training leading to positions of responsibility on board such vessels”. The Committee notes in this regard that the age conditions for admission to the training provided by the ENFM are determined by the second subsection of section 22 of Decree No. 2009-240: 16 to 21 years as of 31 December of the year of the competition for competitions open to applicants with the middle school certificate (BFEM), and 16 to 25 years as of 31 December of the year of the competition for competitions open to applicants with a technical baccalaureate. The Committee also notes that, under the terms of section 26 of Decree No. 2009-240, the duration of school education for the various types of training is indicated in an Annex to the Decree. The Committee requests the Government to provide a copy of the Annex to Decree No. 2009-240, which is not available, and to indicate the provisions which specify the duration of the training courses and, consequently, determine the minimum age at which the certificate can be obtained for officers on board fishing vessels.

Articles 7, 8 and 9. Minimum professional experience prescribed. The Committee recalls that these Articles of the Convention require candidates for the various certificates to have a minimum professional experience of sea service. The Committee requests the Government to indicate the measures taken or envisaged to give full effect to these Articles of the Convention.

Article 1 of the Convention. National policy and application of the Convention in practice. In its previous comments, the Committee noted the adoption of the National Framework Plan for the Prevention and Elimination of Child Labour (PCNPETE) and the fact that draft texts were being prepared with a view to harmonizing the national legal framework. Noting with concern the high number of children engaged in child labour in Senegal who have not reached the minimum age for admission to employment of 15 years, the Committee requested the Government to intensify its efforts to combat child labour and to conduct a new national survey on child labour. In its report, the Government states that combating child labour remains a priority and highlights the development of human capital and the social protection for vulnerable groups in the Emerging Senegal Plan (PSE). This is reflected at the sectoral level in policies and programmes based on strengthening the quality of education and the protection of vulnerable groups. The Government also indicates that the PCNPETE’s final evaluation has not yet been conducted and that a new national survey on child labour is not on the agenda. The Committee notes that, according to the Government’s replies to the list of issues concerning the third periodic report to the United Nations Committee on Economic, Social and Cultural Rights of 26 July 2019, the lack of national surveys is an obstacle to understanding the prevalence of child labour (E/C.12/SEN/Q/3/Add.1, paragraph 85). Further, according to Senegal’s Voluntary National Review on the Sustainable Development Goals of June 2018, indicator 8.7 could be covered on a regular basis in the next national statistical development strategy. The Committee requests the Government to intensify its efforts to combat child labour. Recalling that the PCNPETE reached its term in 2017, it requests the Government to provide information on the progress of legislative amendments and results obtained within the framework of the PCNPETE regarding the elimination of child labour, and on various projects that have been implemented. Noting that no statistical study on child labour has been conducted, the Committee also requests the Government to intensify its efforts to ensure that adequate updated data on the situation of child workers are available, particularly by conducting a new national survey on child labour.

Article 2(1). Minimum age for admission to employment or work. The Committee previously noted that section L.145 of the Labour Code allows exemptions from the minimum age for admission to employment by order of the Minister of Labour, taking into account local circumstances and the activities that may be required. Reminding the Government that no one under the minimum age for admission to employment or work shall be admitted to employment or work in any occupation, and that the only possible exception is light work under Article 7 of the Convention, the Committee urged the Government to revise the provisions of its legislation with a view to introducing the necessary amendments to ensure conformity with the provisions of the Convention and to provide copies of the draft legislative texts on this subject. In its report, the Government states that draft texts have been prepared taking into account the recommendations of the ILO supervisory bodies. A Bill has thus been prepared amending the minimum age for employment or work, which has been adopted by the Council of Ministers and must be submitted to the National Assembly, as well as draft ministerial decrees, which have already been prepared and approved by the National Advisory Council of Labour and Social Security, and which can only be signed after the adoption of the aforementioned Bill. The Committee further notes that, according to the Government’s replies to the list of issues concerning the third periodic report to the United Nations Committee on Economic, Social and Cultural Rights of 14 August 2019, the minimum age for admission to employment will be raised to 16 years (as the draft legislation is in the process of being adopted) (E/C.12/SEN/Q/3/Add.1, paragraph 79). While noting that the Bill amending section L.145 of the Labour Code on the minimum age of admission to employment and work was adopted by the Council of Ministers on 2 January 2019, the Committee notes with regret that the Government has not provided any copies of the Bill nor of the abovementioned draft ministerial decrees. In light of the foregoing, and taking into account that it has been commenting on this matter for over 15 years, the Committee firmly hopes that the Government will, without delay, be able to report on the amendment of its legislation in conformity with the Convention, by only providing for exemptions from the minimum age of admission to employment and work strictly in cases prescribed in the Convention. It requests it to provide copies of the above Bill and decrees once they are adopted.

Article 2(1). Scope of application and labour inspection. In its previous comments, the Committee recalled that the Convention applies to all forms of work and employment, including children working in the informal economy. It requested the Government to take measures to adapt and strengthen the labour inspection services to ensure the monitoring of child labour in the informal economy and to ensure that these children are afforded the protection set out in the Convention. In its report, the Government indicates that the labour inspection services have been strengthened in terms of staff and operational resources, which has resulted in an exponential increase in the monitoring of establishments with a national total of 4,189 in 2018, compared with 2,557 in 2017. The Government emphasizes, however, that these statistics do not cover the monitoring of child labour in the informal economy and that, at a seminar held in July 2019, it requested the various labour inspectorates to intensify their efforts by broadening their scope of intervention in the informal economy. The Committee notes that, according to the 2018 Annual Labour Statistics Report, the low level of inclusion of the decentralized level (Labour and Social Security Inspections), due mainly to the scant consideration given to the informal sector in monitoring activities, is one of the difficulties facing the Coordination Unit for Combating Child Labour. In addition, in its replies to the list of issues concerning the third periodic report to the United Nations Committee on Economic, Social and Cultural Rights of 14 August 2019, the Government indicates that Child labour in the informal sector continues to present a major challenge, as some vulnerable rural and urban households provide various services for sale as a survival strategy (E/C.12/SEN/Q/3/Add.1, paragraph 83). In addition, the Committee on Economic, Social and Cultural Rights expressed its concern about the insufficient human and budgetary resources available to the labour inspectorate, which do not allow it to effectively monitor the situation of persons who are exploited, including children (E/C.12/SEN/CO/3, paragraph 19). The Committee recalls that the expansion of the relevant monitoring mechanisms to the informal economy can be an important manner in which to ensure that the Convention is applied in practice, particularly in countries where expanding the scope of the implementing legislation to address children working in this sector does not seem a practicable solution (see General Survey on the fundamental Conventions, 2012, paragraph 345). It once again requests the Government to take measures to adapt and strengthen the labour inspection services to ensure the monitoring of child labour in the informal economy and to ensure that these children are afforded the protection set out in the Convention. It requests that the Government provide information on the measures taken for this purpose.

Article 3(3). Admission to hazardous types of work from the age of 16 years. In its previous comments, the Committee noted that section 1 of Order No. 3748/MFPTEOP/DTSS of 6 June 2003 relating to child labour provides that the minimum age for admission to hazardous types of work is 18 years. However, it noted that, under the terms of Order No. 3750/MFPTEOP/DTSS of 6 June 2003 establishing the nature of the hazardous types of work prohibited for children and young persons (Order No. 3750), boys under the age of 16 years are authorized to carry out the lightest work in underground mines and quarries, such as loading ore, handling and haulage of small wagons within the weight limits set out in section 6 of the Order, and overseeing or handling ventilation equipment (section 7). Order No. 3750 also allows the engagement of children aged 16 years in the following types of work: work using circular saws, provided that authorization in writing has been obtained from the labour inspectorate (section 14); work involving vertical wheels, winches and pulleys (section 15); the operation of steam valves (section 18); work on mobile platforms (section 20); and the performance of perilous feats in public performances in theatres, cinemas, cafes, circuses and cabarets (section 21). The Government expressed a commitment to amend all the provisions that were not in conformity with the Convention in the context of a reform of laws and regulations as part of the implementation of the PCNPETE. The Committee notes with deep concern the Government’s information that the legislative reform it had reported is still ongoing. Recalling that it has been referring to this issue since 2006, the Committee urges the Government to take the necessary measures as rapidly as possible to bring its legislation into conformity with the Convention in order to guarantee that children under 16 years cannot be engaged in work in underground mines and quarries. The Committee further urges the Government to ensure that the conditions provided for in Article 3(3) of the Convention are fully guaranteed for young persons between 16 and 18 years of age engaged in the hazardous types of work covered by Order No. 3750 of 6 June 2003, including that they have received adequate specific instructions and training in the particular types of hazardous work. It requests the Committee to provide copies of the regulatory texts concerned once they have been adopted.

The Committee notes the Government’s first report.

Article 4(5) of the Convention. Duration of maternity leave. In its report, the Government indicates that, in accordance with section L143 of the Labour Code, in the event of childbirth, every women has the right to suspend work for 14 consecutive weeks, of which eight weeks are after childbirth. The Committee requests the Government to indicate whether it is established in the national legislation that the duration of maternity leave shall be extended by any period elapsing between the presumed date of childbirth and the actual date of childbirth, without reduction in any compulsory portion of postnatal leave.

Article 6(6). Social assistance benefits. The Committee requests the Government to provide information on the benefits financed out of social assistance funds or through taxation, subject to the means test required for such benefits, in cases where a woman does not meet the conditions to qualify for cash benefits.

Article 8(1). Employment protection. The Government indicates that, in accordance with section L143 of the Labour Code, the prohibition to terminate the employment of women covers the whole period of suspension of work corresponding to maternity leave. The Government adds that in the event of unjustified dismissal as a result of pregnancy, the woman may lodge a complaint with the Labour and Social Security Inspectorate or refer the matter to the Labour Tribunal. Recalling that, under the terms of Article 8(1) of the Convention, it is prohibited for the employer to terminate the employment of a woman during a period following her return to work from maternity leave to be prescribed by national laws or regulations, except on grounds unrelated to the pregnancy or birth of the child and its consequences or nursing, the Committee requests the Government to indicate whether such a period is envisaged in national laws or regulations. The Committee also requests the Government to indicate whether the burden of proving that the reasons for dismissal are unrelated to pregnancy or childbirth and its consequences or nursing shall rest on the employer.

Article 9(1). Non-discrimination. The Committee notes the Government’s indication that any discrimination on grounds of gender, pregnancy or any other reason is totally prohibited by law in Senegal. The Committee notes in its comments on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), that, under the terms of the new Bill amending the Labour Code, the definition of discrimination also includes grounds such as pregnancy and family situation. The Committee requests the Government to provide information on the progress achieved in the legislative work in this respect. The Committee also requests the Government to provide information on the reparations and sanctions deemed appropriate in cases of discrimination in employment against women based on maternity, including access to employment.

Article 9(2). Pregnancy tests. The Government indicates that the pregnancy of a woman worker may not in any event be an obstacle to any application for a job, unless a duly established medical opinion by a qualified person indicates that her state of health is incompatible with the job. The Committee notes that, under the terms of section 38 of Decree No. 2006-1258 on occupational medicine services, each employed person is subject to a medical examination prior to recruitment or, at the latest, before the expiry of the trial period following recruitment. The Committee requests the Government to specify whether, during the medical examination, women who are applying for a job are required to submit to a test for pregnancy and, if so, whether such a test is required by national laws or regulations.

Comments adopted by the CEACR: Senegal

Adopted by the CEACR in 2021

C100 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C100 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C111 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C111 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C182 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C182 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

MLC, 2006 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C188 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C081 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C081 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C087 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Adopted by the CEACR in 2019

C029 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C029 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C095 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

C099 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C105 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C117 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C121 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C122 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C125 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C138 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C183 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Comments adopted by the CEACR: Senegal

Display the list by:

Adopted by the CEACR in 2021

C100 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C100 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C111 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C111 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C182 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C182 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

MLC, 2006 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C188 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C081 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C081 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C087 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Adopted by the CEACR in 2019

C029 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C029 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C095 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

C099 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C105 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C117 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C121 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C122 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C125 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C138 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C183 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)