Individual Case (CAS) - Discussion: 2016, Publication: 105th ILC session (2016)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Madagascar (Ratification: 2001)



The Government provided the following written information:

National Action Plan to Combat Child Labour (NAP)

Formulation of a National Action Plan. Madagascar began actively campaigning against child labour as early as 1997, when it conducted its first studies on the subject. In 2000, Madagascar ratified the ILO Minimum Age Convention, 1973 (No. 138), which sets the minimum working age at 15, and in 2001 the Worst Forms of Child Labour Convention, 1999 (No. 182). Having ratified these two fundamental Conventions on child labour, the country was then able to formulate the NAP which it validated in 2004.

Broad lines of the NAP. The NAP is a framework reference document for all activities aimed at combatting child labour in Madagascar. It is a 15 year national action plan (2004–19) that focuses on the worst forms of child labour. Madagascar is one of the very few African countries to have adopted such a plan. The implementation of the NAP is in three phases: launching and implementation (2004–09), during which a framework of laws and regulations is formulated and strengthened at all levels; extension (2009–14), during which the measures taken are broadened both in terms of target population and target areas; and consolidation (2014–19), during which children are effectively removed from the worst forms of child labour in accordance with the objectives. The NAP lists the four worst forms of child labour as: domestic work by children; the commercial sexual exploitation of children; work in mines and quarries; and dangerous and unhealthy work in urban or rural areas.

Objectives of the NAP

The objectives of the NAP are to: prevent the engagement of children in the worst forms of child labour; the removal of children from such work and their reinsertion in society; the protection of all working children under the minimum age for admission to employment from exploitation and dangerous work. The objective is to reduce significantly the incidence of child labour by 30 per cent by the end of the first phase, to 5 per cent by the end of the second phase, and to under 1 per cent by the end of the third phase of the programme.

Strategic areas of the NAP

Strategic area No. 1: creation of an institutional framework and capacity building; development of coordination and follow-up structures; promotion of external relations in order to foster synergy with other programmes; long-term follow-up of working children and child labour; and strengthening the capacity of ministerial personnel, NGOs and civil society partners.

Strategic area No. 2: improvement of the legal and regulatory framework; harmonization of laws and regulations (Penal Code, Labour Code and other official texts) so as to bring them into line with ILO Conventions Nos 138 and 182 ratified by Madagascar; publication and dissemination of the laws and regulations governing child labour; establishment of appropriate machinery and methods of intervention; strengthening of supervisory bodies and the capacity of personnel; and implementation of sanctions.

Strategic area No. 3: improvement of the living conditions and income of parents at risk and of their families; increasing productivity in the urban and rural informal sectors so as to reduce the economic vulnerability of families whose children are liable to be employed in the worst forms of child labour; promoting village agreements prohibiting hazardous and unhealthy work in urban and rural areas; and extending social protection to the rural population.

Strategic area No. 4: improvement, reinforcement and promotion of children’s access to quality education; promoting and improving access to education; improving and broadening access to vocational training; and promoting the access of children engaged in the worst forms of child labour to a transitional and non-formal system of education (reinsertion, rehabilitation).

Strategic area No. 5: strengthening and improvement of public awareness and social mobilization; ensuring the commitment of the public at large; securing the involvement of decision-makers, public opinion leaders, judicial and military authorities and civil society organizations; and promoting public awareness of the legislation.

Sexual exploitation of children

Strategic area No. 1: reinforcement, improvement and application of preventive and protective measures to combat the sexual exploitation of children; implementation of laws and regulations on children’s rights (specifically, provisions relating to their sexual exploitation) and the application of provisions dealing with communication and the dissemination of information; ensuring that the expectations and needs of children are duly taken into account; and securing the support of all the parties concerned.

Strategic area No. 2: identification and implementation of measures designed to protect sexually exploited children and favour their reinsertion in society; promoting appropriate health measures and advisory services; and organizing vocational training.

Domestic work

Strategic area No. 1: improvement, strengthening and application of prevention and protection measures for domestic work; enforcement of laws and regulations on the right of the child, particularly texts on domestic work.

Strategic area No. 2: consideration and application of rehabilitation measures for child victims of domestic work; organization of occupational training.

Unhealthy work in rural and urban areas

Strategic area No. 1: improvement, strengthening and application of prevention and protection measures against unhealthy work; enforcement of laws and regulations on the rights of the child, particularly texts on unhealthy work in rural and urban areas.

Strategic area No. 2: consideration and application of protection and rehabilitation measures for child victims of unhealthy work in rural and urban areas: identifying and applying appropriate social protection measures; and increasing access to occupational training.

Work in quarries and mines

Strategic area No. 1: improvement, strengthening and application of prevention and protection measures against work in quarries and mines; enforcement of laws and regulations on the rights of the child, particularly texts on work in quarries and mines; and providing protection measures.

Partners and financing

Financing is obtained from funds for social action within the framework of the Public Investment Programme; ILO International Programme on the Elimination of Child Labour (IPEC); UNICEF; external funds with budget lines for social action; and the various centralized and decentralized structures.

Follow-up and monitoring

Follow-up focuses on the use of inputs; delivery of output and activities; and achievement of the aims of the project. Monitoring includes three mid-term evaluations conducted every 18 months of each phase; a biennial national evaluation workshop organized by the National Committee to Combat Child Labour; and a final evaluation focusing on the relevance of the aims of the programme.

Awareness raising and social mobilization

Each year, the Government of Madagascar participates in the commemoration of the World Day against Child Labour. Since 2005, public awareness-raising actions have been launched in many regions, through the Ministry of Labour and its partners. Commemorations have been held successively since 2005 in Analamanga, Diana, Haute Matsiatra, Boeny, Atsinanana, Atsimo Andrefana, Alaotra Mangoro, Vakinankaratra, Maevatanana and recently in Sakaraha. Local authorities, religious leaders, members of the National Committee to Combat Child Labour and the regional committees to combat child labour are all involved in awareness-raising actions related to the World Day against Child Labour. The awareness-raising programmes focus on a particular aspect of child labour or on an alternative to the problem. They target the general public and the authorities and deal essentially with the dangers and risks faced by children. Awareness is raised mainly through audiovisual messages, posters in fokontanies (village districts) and popular neighbourhoods, dialogue with parents, local authorities and community leaders, and mobilization of schools through various competitions and cultural events.

Campaigns

- 2005: child labour in quarries and mines; a national commemoration in Analamanga.

- 2006: no to the commercial sexual exploitation of children; a national commemoration in the Diana region; other commemoration sites were Antsiranana, Ambilobe, Ambanja, Nosy Be, Mahajanga, Ilakaka, Tuléar, Taolagnaro, Toamasina, Antananarivo and Fianarantsoa.

- 2007: child labour in agriculture; a national commemoration in the Haute Matsiatra region; other campaign areas were Analamanga, Vakinakaratra, Atsinanana, Diana, Atsimo Andrefana and Boeny.

- 2008: education and action to combat against child labour in Atsinanana, Analamanga, Haute Matsiatra, Boeny, Vakinakaratra, Diana, Atsimo Andrefana and Alaotra Mangoro.

- 2009: give girls a chance: abolish child labour in Mahajanga.

- 2010: direct action to abolish child labour in the Atsinanana region.

- 2011: wake up! Children in hazardous work: let’s abolish child labour in the Diana region.

- 2012: human rights and social justice: let’s abolish child labour in the Vakinakaratra region.

- 2013: no to child domestic labour in Maevatanana.

- 2014: let’s abolish child labour by extending social protection; a national commemoration in Sakaraha; other commemoration sites were Sava, Atsimo Andrefana, Amoron’i Mania and Vatovavy Fitovinany.

- 2015: no to child labour, yes to quality education in the Analamanga region.

- 2016: let’s abolish child labour in production lines: everyone’s business (under preparation); in the Sava region.

Most of the vanilla export enterprises in the Sava region have signed the Code of Conduct on Child Labour in the Vanilla Industry. Twenty-one vanilla grower cooperatives are engaged in combating the employment of children in the industry.

In addition, before the Committee, a Government representative indicated, with regard to domestic child labour, that inspections were carried out to ensure compliance with the legislation regulating work by children aged from 15 to 18 years. The Government encouraged the population to report abusive or dangerous cases so that employers could be identified and prosecuted. Mass awareness-raising activities, through the media or otherwise, on the risks of domestic work were carried out for parents, children, religious leaders and members of civil society. They were concentrated in four regions from which children came. Concerning the sexual exploitation of children, joint brigades composed of labour inspection officials, the police responsible for juveniles and morals, carried out checks in at-risk zones, after which local monitoring units raised awareness and provided information to communities. Moreover, awareness-raising activities had been developed on the risks of sex tourism, particularly at sea resorts. With regard to action to combat child labour in mines and quarries, the legislation on the subject had been disseminated, and awareness raising was being undertaken through radio broadcasts and community discussions. Unannounced inspections of mines and quarries had taken place in four regions. For dangerous work in saltworks and agriculture, the Government was working with local governments, concluding partnership agreements with saltworks operators and raising awareness among heads of enterprises so that they would not establish commercial relations with production units that used child labour, particularly in the vanilla, clove, coffee, cocoa, rice and coconut sectors. The measures taken by the Government were also aimed at raising family incomes by creating income-generating activities and at expanding catch-up classes and vocational training. In this field, the areas of intervention were increasing due to the increase in poverty.

Finally, with regard to the enforcement of criminal legislation in the areas of prostitution, human trafficking and sex tourism, various ministries were involved depending on their competence, such as, for example, the Ministry of Labour, through labour inspection, or the Ministry of Internal Security, through the police responsible for juveniles and morals, which centralized complaints and conducted investigations. The Government representative concluded by emphasizing that the Government had taken steps – even if they were insufficient – to bring an end to the worst forms of child labour.

The Employer members commended the Government on having been candid and frank in describing the issues in the country. The worst forms of child labour consisted of children forced to work in mines and quarries and in the agricultural sector (in particular those engaged in picking vanilla), trafficking for sexual exploitation both to foreign countries and the coastal zones of the country (with sex tourism being on the rise), and the situation of street children, who were particularly vulnerable and often had no other option than to engage in begging and waste collection. While a substantive legal framework existed (in particular Decree No. 2007-563 on child labour which prohibited the procuring, use, offering or employment of children of either sex for prostitution, as well as Act No. 2007-038 establishing effective and dissuasive sanctions for the engagement, abduction or deception of a person with a view to their engagement in prostitution, sexual exploitation or sex tourism), these laws had not yet had any significant impact. On the contrary, there had been an increase in sex tourism, child prostitution and trafficking in persons. It was still too soon to assess the impact of Act No. 2014-040 of 20 January 2015 on trafficking in persons, which criminalized all forms of trafficking and provided for imprisonment and fines. However, the main issue with regard to the worst forms of child labour concerned the effective application and implementation of the national legal framework. The number of prosecutions appeared to be low. According to the United States Department of Labor, 187 cases had been investigated, but no information was available on whether these cases had also been prosecuted. All investigations, including those by the joint task forces, had to be followed up by prosecutions to achieve a deterrent effect (through the threat of fines or imprisonment). Moreover, there were only three labour inspectors employed in the Division for the Prevention, Abolition and Monitoring of Child Labour (PACTE), and the situation concerning inspection staff remained difficult due to budgetary cuts. In conclusion, the Employer members reiterated that, while an adequate legal framework was in place, it did not appear to be implemented in practice, and it was questionable whether sufficient measures were taken to address the problems in relation to the worst forms of child labour.

The Worker members referred, with regard to child prostitution, to Decree No. 2007-563, which prohibited the procuring, use, offering or employment of children for the purposes of prostitution, and to the Penal Code, which established effective and dissuasive sanctions. However, according to the United Nations Committee on the Rights of the Child, child prostitution and sex tourism were on the increase in the country. The Christian Confederation of Malagasy Trade Unions (SEKRIMA) reported that 50 per cent of prostitutes in the capital were minors and were reportedly the victims of assault and sexual violence. Despite capacity building for entities engaged in tourism to combat the commercial sexual exploitation of children, thousands of children were victims of sexual exploitation, and sex tourism involving children was growing. Furthermore, prostitution affected the whole country, particularly urban areas and tourist resorts. The Committee of Experts had noted the lack of information on the number of investigations, prosecutions and convictions, while the Convention required immediate measures to prohibit and eliminate the worst forms of child labour. With regard to children performing work likely to harm their health, safety or morals, according to the observations of the General Confederation of Workers’ Unions of Madagascar (CGSTM), children were working in precarious and dangerous conditions in mines and stone quarries. The Special Rapporteur on contemporary forms of slavery had noted that children worked from five to ten hours a day in the transportation of blocks of stone or water. Children between 3 and 7 years of age carried baskets of stones or bricks on their heads, on average 47 hours a week. A survey carried out with the support of the United Nations Development Programme (UNDP) and the ILO had shown that more than 1.5 million children aged between 5 and 17 were engaged in hazardous work, which was prohibited by the Convention. Work in mines and quarries could, moreover, be qualified as a contemporary form of slavery, as in some cases it involved debt bondage.

The Worker members regretted the insufficient nature of the measures taken by the Government. The programmes described were intended to remove 40 children from the worst forms of child labour each year, but the number of street children had increased in recent years and now stood at several thousand. The Convention required not only the prohibition of the worst forms of child labour, but also their elimination, which presupposed significant programme measures to combat the underlying causes of child labour. The Government’s attitude went against Article 7 of the Convention, which obliged member States to take effective and time-bound measures to eradicate the sale and trafficking of children for economic and sexual exploitation as soon as possible. In that regard, recalling that child prostitution and hazardous child labour had already been the subject of a direct request in 2005, the Worker members deplored the fact that the Convention had not been applied in practice for ten years. The Convention did not provide for any exceptions, in view of the fact that certain forms of child labour were so intolerable that no derogation could be permitted. That justified the decision of the Committee of Experts to request the Government to provide information to the Conference Committee.

The Worker member of Madagascar, speaking on behalf of all Malagasy trade unions, supported the findings of the Committee of Experts and expressed the hope that it would help the country to bring an end to child labour and protect children’s rights. The use of children in hazardous sectors, such as mines, domestic work and prostitution, led to their physical, psycho-social, cultural and spiritual destruction. In practice, shortcomings remained in the implementation of legislation and functioning of the labour inspection services. For example, while Decree No. 2007-563 provided for dissuasive sanctions for procuring or offering a child for prostitution, the number of investigations and prosecutions was low. This was despite the fact that the number of children in prostitution and sex tourism was increasing, particularly in central urban areas, and affected young girls of barely 12 years of age. The situation needed to be addressed as a matter of urgency to protect these young girls at risk and remedy the harm caused by these indecent forms of child labour. In fact, 10 per cent of Malagasy children were victims of forced sexual exploitation. Some 40 per cent of girls were victims of abuse or forced sexual exploitation and 80 per cent of those did not report to the authorities because they feared retaliation. With regard to children engaged in hazardous work in mines or quarries, a high rate of accidents had been noted due partly to the absence of monitoring by the labour inspectorate. She called on the ILO to continue to support the Government of Madagascar to improve its legislative framework, strengthen enforcement, particularly through labour inspection, and ensure provision of free compulsory education for all children.

The Government member of the Netherlands, speaking on behalf of the European Union (EU) and its Member States, as well the former Yugoslav Republic of Macedonia, Norway and the Republic of Moldova, recalled the cooperation between Madagascar and the EU in respect of the abolition of the worst forms of child labour. The high rate of child labour in the country was a matter of deep concern, with one fourth of children between 5 and 17 being affected by this phenomenon, and half a million children affected by contemporary forms of slavery. It was regrettable that despite the alarming increase in child prostitution and sex tourism, there was an extremely low number of investigations and prosecutions. While noting the measures taken by the Government, she called on the Government to act urgently and to intensify its efforts to eliminate the worst forms of child labour. In particular, steps should be taken to: ensure that children were no longer engaged in work that was likely to harm their health, safety or morals, with special attention on those who worked in mines, quarries and domestic work; combat child prostitution and sex tourism, which included the prosecution and conviction of persons procuring, offering or employing children in prostitution; and ensure the rehabilitation and reintegration in society of street children, including the development and better targeting of school enrolment programme and training projects.

The Government member of Switzerland noted the comments of the Committee of Experts and highlighted the gravity of the problem of child labour, in particular prostitution and sex tourism, which were violations liable to criminal proceedings. This problem was everyone’s responsibility: governments, social partners and the tourism industry. Around two million children were victims of sexual exploitation by tourists. For several years, Switzerland had been combating this exploitation. The awareness-raising campaign, “Don’t look away” had been launched which, since 2013, had been extended to other European countries and aimed to protect children in tourist areas, inform travellers and encourage them to participate in combating child sexual exploitation. In addition, the Government supported initiatives, such as the Code of Conduct for the Protection of Children from Sexual Exploitation in Travel and Tourism, which was a voluntary tool for corporate social responsibility aimed at the tourist industry. Switzerland encouraged the Government of Madagascar to promote the Code of Conduct.

The Worker member of Italy recalled that a very high number of children of school age were engaged in the worst forms of child labour. UNICEF reported that 47 per cent of children under 5 suffered from chronic malnutrition and child prostitution in the country had reached alarming levels and affected the whole of the country. Child labour proliferated in the national context of widespread poverty, leading to an increase in child sexual exploitation and child sex tourism, and leaving behind a generation of broken girls. While the Government had adopted updated anti-trafficking legislation in December 2014, which extended the scope of the previous legislation to cover sexual exploitation, labour trafficking, forced labour, forced begging and debt bondage, the number of prosecutions and convictions remained extremely low, leading to a situation very close to widespread impunity. The United Nations High Commissioner for Refugees (UNHCR) emphasized the inability of the Government to guarantee the rule of law. She urged the Government to ensure immediately the investigation and prosecution of those procuring, using, offering or employing children for prostitution and to impose penalties constituting an effective deterrent. A radical change in the attitude of the Government towards the issue was required not only to address the visible negative effects of structural problems, but also to combat their root causes. The Government should take concrete action to: adopt a national programme to assess the physical and mental health damage to child workers, implement an active policy to raise awareness of the risks and negative effects of child labour, and grant access to education for all children of school age. In conclusion, she called on the Government, without delay, to protect the right of children to a future in which they could live in peace and safety.

The Government member of Canada recalled that various United Nations bodies had expressed deep concern at the growing child sex tourism, insuffient measures and child prostitution, which had reached alarming levels. She urged the Government to take the necessary steps to ensure that thorough investigations and robust prosecutions were undertaken of persons suspected of procuring, using, offering or employing children, and that penalties were imposed that would serve as an effective deterrent. She also noted with concern the situation of children working in mines and quarries, and the growing number of street children. The Government should be urged to take the necessary steps, as called for by the Committee of Experts, to eliminate the worst forms of child labour.

The Worker member of France emphasized that, in ratifying the Convention in 2001, Madagascar had been aware of the need to protect its young people. The Convention sought the immediate elimination of the worst forms of child labour, that is work which, by its nature or the circumstances in which it was carried out, was likely to harm the health, safety or morals of children. However, the Committee of Experts noted that the work done by children in mines and quarries constituted a contemporary form of slavery. Hence, in the town of Ilakaka, children employed in sapphire mining were exposed to the risk of suffocation or death in the event of the accidental collapse of tunnels in the mines. They were at increased risk of respiratory ailments, and exposure to high temperatures and the transportation of heavy loads had a detrimental effect on their health. Children of barely 7 years of age were employed in gold mines in the regions of Analamanga, Vakinankaratra and Anosy, working ten hours a day for a wage of US$14 a week. An ILO–IPEC survey indicated that there were 1.5 million children in a total working population of just over 4 million. One out of two children between 7 and 17 years of age was working. Many of them were working in mines, which had the highest mortality rate in the world for children working in mines. In this regard, the Convention recalled the importance of education, and in particular access to free basic education, to combat the worst forms of child labour. The State should also use its labour inspection system to exercise appropriate controls to protect such highly vulnerable children. However, out of just over 120 labour supervisors and inspectors, 50 per cent worked in the capital.

The Worker member of Togo called on the Government to step up its efforts to adopt robust measures as a deterrent for individuals who were exploiting child labour. The Government had adopted certain provisions and launched actions to remedy the situation, such as: raising the awareness of 155 actors in the tourist industry with regard to the commercial sexual exploitation of children; implementing a programme of school enrolment and training for street children in the context of the Public Investment Programme for Social Action (PIP); conducting a National Survey of Employment and the Informal Sector (ENEMPSI 2012); and a base survey on child labour. However, in view of the seriousness of the situation, these measures were inadequate. The goal of removing 40 street children per year from the worst forms of child labour did not take sufficient account of the scale of the situation. Hence, according to the United Nations Special Rapporteur on the sale of children, child prostitution and child pornography, some 4,500 children lived on the streets and 28 per cent of children between 5 and 17 years of age were economically active, including 81 per cent in hazardous work. The measures taken by the Government in the area of school enrolment and aid to poor families were limited in scope, which constituted an obstacle to removing children from the worst forms of child labour. Poor families in rural areas continued to send children to urban areas to be employed in domestic work and 10-year-old girls were forced to work in conditions akin to slavery. In conclusion, he called on the Government to take effective action against the worst forms of child labour, involving the social partners and parents to seek lasting solutions.

An observer representing the International Transport Workers Federation (IFT) and the General Maritime Union of Madagascar (SYGMMA) addressed the issue of hazardous work in the fishing industry, as a sector in which the worst forms of child labour occurred. As observed by the Committee of Experts, of all the children working in the country, 88 per cent were working in agriculture and fishing. While the national legal framework provided for the prohibition of child labour, there were no laws specifically relating to the fishing sector. The Convention did not define hazardous work, although the Worst Forms of Child Labour Recommendation, 1999 (No. 190), provided some indications. Fishing was defined as the harvesting of wild fish and encompassed a range of tasks, from light work to hazardous work. However, this work was not for children, as tasks such as crew work, hauling nets, line fishing and diving usually entailed long hours, extreme temperatures and harsh weather conditions. While acknowledging the collaboration of the Government with the ILO in the framework of the ILO–IPEC, more had to be done to address this issue in the fishing sector. The Food and Agriculture Organization (FAO) and ILO Guidance on addressing child labour in fisheries and agriculture suggested a system of classification for determining hazardous work in this sector, and recommended that action against child labour should be composed of prevention (to address the root causes of the phenomenon), withdrawal (to rescue and rehabilitate children engaged in hazardous fishing activities) and protection. He called on the Government to ratify the Work in Fishing Convention, 2007 (No. 188), which specified the minimim age for work in this sector and called for consultations with the social partners on the scope of activities and conditions of work in the sector. The Government should avail itself of ILO technical assistance, as appropriate.

The Government member of Algeria recalled that child labour remained a crucial problem which affected Madagascar, as it did many other countries. The Government had provided information on the efforts made to combat this scourge and had taken positive measures, including: the enforcement of the relevant laws and regulations; the establishment of institutional structures, namely a national and a regional committee to combat child labour; the identification of hazardous types of work; the implementation of special programmes for the elimination of child labour, particularly in domestic work, sexual exploitation and in mines, quarries, saltworks and agriculture. It was to be hoped that the Government would pursue its efforts to combat child labour, a phenomenon that challenged the whole international community and made it necessary for governments and social partners to combine their efforts.

The Government representative emphasized that his Government was aware of the gravity of the problems being discussed by the Committee. After five years of political, economic and social crisis, Madagascar needed to redefine its policies. The efforts made had proved inadequate and the country was appearing before the Committee for the first time. The problems had become worse due to the increase in poverty. In order to address these serious issues, the Government had to demonstrate more zeal and secure the support of parents, of the public and of all community leaders so that they reported the violations. Lack of resources constituted the biggest obstacle to the will of the Government to adopt more robust measures. For example, labour inspectors had no means of transport and, in some cases, depended on employers’ vehicles, which undermined the performance of their duties. The National Committee to Combat Child Labour also constituted an important instrument established by the Government. Moreover, in response to poverty and despite free compulsory schooling, parents sent their children out to work, including girls for prostitution. He referred to a number of measures, such as the creation of income-generating activities and action programmes implemented in Nosy-be, in conjunction with the ILO, against the sexual exploitation of children, and also the legal framework for combating trafficking in persons. However, difficulties in applying the legislation existed because of a lack of coordination among the various ministries concerned. The Government was also considering the ratification of the Work in Fishing Convention, 2007 (No. 188), in the near future. The Government would continue to make every effort to address the issues under discussion and the content of the discussion in the Committee would be brought to the attention of the President of the Republic and the Prime Minister.

The Worker members said that the situation was catastrophic and that the political crisis had further aggravated the situation of children. There was hope of an exit to the crisis and the Government should introduce structural measures to combat the worst forms of child labour. All of the worst forms of child labour that existed in Madagascar required an immediate and effective response. For that purpose, the Government needed to take the following programme measures: prepare a study on the worst forms of child labour and establish a follow-up programme; improve the judicial and institutional framework, particularly with a view to aligning the minimum school leaving age and the minimum age for admission to employment; step up efforts to combat sex tourism; increase access to school; and undertake awareness-raising campaigns for teachers on the worst forms of child labour. In addition, in order to address the structural causes of this scourge, these measures should be developed within the framework of a plan to promote employment. International cooperation should also be strengthened, as envisaged by the Convention, and efforts should be intensified to implement the time-bound programme (TBP) for the abolition of the worst forms of child labour. Following these measures, the authorities should be in a position to report on swift and substantial improvements. Finally, in view of the gravity of the situation, the Worker members encouraged the Government to request the technical assistance of the Office and called for the establishment of an international follow-up mechanism and a national tripartite follow-up committee.

The Employer members indicated that the case under discussion had been a good case to start the discussions on the individual cases. The Committee dealt with contentious issues, and consensus was often hard or impossible to achieve. However, in relation to this serious and double-footnoted case, all speakers, including the Government representative, generally agreed on the problems at issue. The Government did not deny, but fully acknowledged the problems concerning the application of the Convention. While the adoption of a number of laws concerning child labour had to be acknowledged, these laws were not effective. As indicated earlier, in the present case, the problem lay in their effective implementation and enforcement. These problems had a number of reasons, including the lack of resources and the political situation. They agreed with the Worker members on the way forward. Technical assistance was a good start, and the Government should commit to increasing the funding for the Ministry of Labour to enable measures such as effective labour inspection, including of the joint task forces that had been set up. The collection of statistics was essential on the follow-up of investigations, as well as on prosecutions. Prosecution and the imposition of penalties on sex tourists should serve as a deterrent. Awareness-raising measures were definitely part of, but only one aspect of the solution. The Government should be commended for having taken initial measures, and particularly on having adopted adequate legislation. More should be done to better implement this legislation.

Conclusions

The Committee took note of the information provided by the Government representative and the discussion that followed on issues raised by the Committee of Experts.

The Committee deplored the lack of progress, and even worsening of the situation, in the country. The Committee noted the constructive attitude of the Government.

Taking into account the discussion of the case, the Committee urged the Government to provide an immediate and effective response for the elimination of the worst forms of child labour, including:

• - Strengthen its efforts to ensure the elimination of the worst forms of child labour, notably sexual exploitation of children for commercial purposes, work in mines and quarries, and work of children in the informal sector and rural areas that the labour administration is unable to cover.
• - Improve the legal and institutional framework, including through a better alignment of the minimum school leaving age and the minimum working age.
• - Collect and make available without delay information and statistics on investigations, prosecutions and penalties relating to the worst forms of child labour according to national enforcement mechanisms.
• - Collect and make available without delay information and statistics on the phenomenon of child labour.
• - Intensify efforts to prevent sexual tourism, particularly through a campaign; and strengthen the penalties for cases of sexual tourism exploitation involving children.
• - Take measures to improve the capacity of the labour inspectorate, including providing adequate resources.
• - Increase funding for the Public Investment Programme for Social Action (PIP) to withdraw street children from their situation and for awareness-raising campaigns.
• - Urgently seek technical assistance from the ILO to ensure the full conformity with the Convention in law and practice.

These initiatives should form part of broader programmatic measures for employment and access to education.

A national monitoring body which included the social partners should ensure supervision. The Government was invited to report to the Committee of Experts on the swift and substantial improvements at their November 2016 session.