Demande directe (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Sénégal (Ratification: 2000)

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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. The Committee notes that the Government indicates in its report that the Dakar High Court considered eight child pornography cases between 2021 and 2022. Out of these, five resulted in convictions, with penalties ranging from two to three years of imprisonment. In two cases, the suspects were released due to insufficient evidence of their involvement. One other case is still under examination by the investigative attorney of the 6th office, which is specialized in cases involving minors.

The Committee takes good note of the existence of a portal for reporting and removing online images or videos of child sexual abuse, known as “Sellal Net”. An information campaign on the portal resulted in the registration of 7,124 calls dealt with through the “116” online reporting platform. A total of 124 children and young persons were also trained in the use of the platform, to be able to relay this knowledge to other children.

The Committee also notes the Government’s information concerning the preparation of a draft amendment to the Act on trafficking in persons, foreseen for inclusion in the Penal Code in a chapter entitled “Trafficking in persons and migrant smuggling”, as well as the repeal of sections 1 to 7 of Act No. 2005-06 of 10 May 2005 on combatting trafficking in persons and assimilated practices and protecting victims. The Committee requests the Government to continue to provide information on decisions handed down under sections 431–34 to 431–40 of the Penal Code regarding the use, procurement or offering of a child under 18 years of age for the production of pornography of for pornographic performances, so as to be able to evaluate their application in practice, indicating in particular the facts that gave rise to the convictions and the penalties imposed. It also requests the Government to communicate a copy of the new Act on trafficking in persons once it has been adopted.

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. The Committee notes the Government’s information that primary education is free for all children and that, in 2022, following the inflation of recent years, the Government reduced enrolment fees for the secondary cycle by 75 per cent in public establishments and by 10 per cent in private establishments.

The Committee notes the measures put in place to encourage school attendance, in particular for girls, vulnerable children and children from rural areas, including: (1) reducing the distance to local schools; (2) diversifying education programmes; (3) reinforcing online teaching through the Ministry of Education “PROMET” (Promise) project; (4) initiatives such as making available grants, booklets, free uniforms for primary school students, as well as school and hygiene kits.

The Committee also notes the measures adopted to reduce the impact of stereotypes and sociocultural constraints that restrict schooling, especially for girls, in the most remote regions of the country. These measures also aim at combatting violence in the school environment. In this regard, a Gender and Equity Unit was created in 2020, within the General Secretariat of the Ministry of Education. Moreover, Order No. 007383 of 27 March 2023, on protection of children and young persons in schools and educational establishments, stipulates a range of important actions, including: (1) authorizing young pregnant women to continue their apprenticeships; (2) appointing referral officers in schools and educational establishments to put an operational mechanism in place to combat violence in the school environment; (3) accompaniment for girls concerned by early pregnancy and forced marriage; (4) training for teachers and supervisory staff on gender, gender-based violence and combatting poverty; and (5) strengthening community involvement by increasing the number of student mothers’ associations.

The Committee further notes the information from the Government regarding the May 2023 revision of the Partnership Compact elaborated as part of Global Partnership for Education’s (GPE) funding of the country. This initiative aims at transforming the educational system, with better quality apprenticeships, reduction of inequalities and guaranteed access to education for the most vulnerable children as its principal objectives. The Government also indicates an increase in public expenditure on education from 21.05 per cent in 2020 to 22.80 per cent in 2021.

However, the Committee notes that GPE data for 2020 indicates that 39 per cent of children at primary school age and 40 per cent of children at first cycle of secondary school age were not in schooling. The Committee encourages the Government to pursue its efforts to guarantee free basic education for all children. It requests the Government to provide information on the number of children that have benefitted from the different measures put in place under the programmes in operation and the results obtained in this regard. It also requests the Government to continue to provide statistical information on the attendance, completion, and drop-out rates in primary and secondary education, if possible disaggregated by age and gender.

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 notes the information provided by the Government regarding action taken in the Kédougou region, where numerous children are victims of economic exploitation in gold washing areas, such as: (1) awareness raising activities through campaigns broadcast on community radios; (2) labour inspection activities to enforce respect of the prohibition on child labour in the “Diouras”, and (3) the commemoration of World Day Against Child Labour.

The Committee takes note of the action taken by the Labour Ministry in the four regions targeted by the national framework plan to combat child labour, including the encounters with local child protection partners to raise awareness, diffuse legal texts and share information on combatting child labour, including refresher courses on concepts connected to child labour, the relevant Conventions, recommendations, laws and orders.

However, the Committee once more notes that no information has been communicated by the Government regarding the number of children working in traditional gold washing that have benefitted from the measures taken under the children’s social reintegration programme. The Committee again encourages the Government to pursue 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 again requests the Government to provide information on the impact of the measures taken under the children’s social reintegration programme, or any other programme, in particular on the number of children that have been removed from work in gold washing and rehabilitated and socially integrated.

Clause (d). Children at special risk. Child HIV/AIDS orphans. The Committee notes the information provided by the Government that it has developed strategies to involve the community by targeting key populations and children through implementation of the National Strategic Plan to Combat AIDS in 2022.

Nevertheless, the Committee observes from the 2018 data mentioned in a previous Government report, and those available on the UNAIDS website, the number of children of 0 to 17 years of age orphaned due to HIV/AIDS has increased from 31,000 to 36,000. Recalling once again that orphans and other vulnerable children are at greater risk of becoming victims of the worst forms of child labour, the Committee again requests the Government to provide information on the specific measures adopted 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.