Solicitud directa (CEACR) - Adopción: 2008, Publicación: 98ª reunión CIT (2009)

Article 3 of the Convention. Worst forms of child labour. The Committee notes the adoption of Act No. 028-2008/AN of 13 May 2008 issuing the Labour Code of Burkina Faso (the Labour Code of 2008) which repeals the Labour Code of 2004. It notes that section 153 of the Labour Code of 2008 prohibits the worst forms of child labour, which are defined in conformity with this provision of the Convention.

Clause 3(d). Hazardous work. Children working on their own account. In its previous comments, the Committee noted that, according to the Government, there is no point in regulating matters relating to children who work on their own account since these persons come under the informal economy and hence are still liable to controls by the labour inspectorate, which carries out general monitoring of conditions of work. The Committee notes that the Labour Code of 2008 applies to employment relationships. However, it notes the information provided by the Government in its report provided under Convention No. 138 that, as soon as there are sufficient human resources to cover all economic activity sectors, it will envisage the possibility of allocating particular competencies to labour inspectors to eliminate child labour in the informal economy, in particular where they are working on their own account. The Committee expresses the hope that the Government will be able, in the near future, to take measures to increase the number of labour inspectors and guarantee the protection provided for by the Convention to children who are working in the informal economy or on their own account. It requests the Government to provide information in this regard.

Article 4, paragraph 1. Determination of types of hazardous work. Referring to its previous comments, the Committee notes that, under section 153(1) and (2)(4) of the Labour Code of 2008, work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children is regarded as one of the worst forms of child labour and is prohibited. The list of these types of work is determined by a decree issued by the Council of Ministers after consultation with the most representative organizations of workers and employers in the occupational branch and following the opinion of the National Technical Advisory Committee on Occupational Safety and Health. The Committee also notes the information provided by the Government that the Ministry of Labour and Social Security has sponsored a study in 2008 to assess the situation with regard to hazardous work and propose draft legislation prohibiting the carrying out of these types of work by children. A workshop to validate the study will be organized and employers’ and workers’ organizations and the main actors involved in combating child labour and its worst forms will participate. The Committee expresses the firm hope that the workshop to validate the study on hazardous work will be organized as soon as possible and that the draft legislation prohibiting the carrying out of these types of work by children under 18 years of age and determining these types of work will be drawn up in the near future. It requests the Government to provide information on any progress made in this regard.

Article 6. Programmes of action. The Committee previously asked the Government to provide information on the operation of the Department for Combating Child Labour and its worst forms. In this regard, the Government indicates that this Department was created mainly to devise and follow through the implementation of the national policy on combating child labour and its worst forms and participate in discussion bodies on child labour and its worst forms. The Government indicates that a national policy has not yet been devised. The Committee expresses the hope that the Department for combating child labour and its worst forms will be able, in the near future, to devise a national policy on combating child labour and its worst forms and requests the Government to provide a copy as soon as it has been drawn up.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. In its previous comments, the Committee noted the high illiteracy rate, particularly among women, the very low enrolment rate in primary and secondary education and the very high drop-out rate in primary education. It noted, however, that the Ten-Year Plan for the Development of Basic Education (PDDEB) provided for a gradual increase in school enrolment and attendance rates and improvements in basic education. In this regard, the Committee noted that, according to the half-yearly report on the implementation of the PDDEB for January to June 2006, the rate of school attendance improved in Burkina Faso.

The Committee takes note of the information provided by the Government that the rate of school attendance in the country is continuing to improve. According to the statistics provided by the Government, the gross enrolment rate of girls increased from 64.9 per cent in 2005–06 to 79.1 per cent in 2007–08, and for boys, the rate increased from 76.4 per cent to 90.5 per cent for the same period. The Committee also notes that, according to the Education for All Global Monitoring Report of 2008, published by UNESCO and entitled Education for All in 2015: Will we make it?, Burkina Faso will probably achieve gender parity by 2025. However, according to this report, although the country has made enormous progress towards achieving universal enrolment at the primary level, it is unlikely that it will achieve the goal of universal primary education for all by 2015. In this regard, it notes that, according to the UNICEF statistics from 2006, the net school attendance rate at the primary level is 44 per cent for girls and 49 per cent for boys, and at the secondary level, 15 per cent for girls and 17 per cent for boys.

The Committee, while noting the progress made by the Government in improving the education system, particularly with regard to the gross enrolment rate in primary education, expresses concern at the low net school attendance rate, both at the primary and secondary levels. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee urges the Government to step up efforts to improve the operation of the education system in the country. In this regard, it requests the Government to provide information on the time-bound measures taken in the context of the implementation of the PDDEB to increase school attendance rates, both in primary and secondary education. The Committee requests the Government to provide information on the results achieved.

Clause (d). Identifying and reaching out to children at special risk. 1. HIV/AIDS orphans. The Committee previously noted that, according to the report on the global AIDS epidemic published by the Joint United Nations Programme on HIV/AIDS (UNAIDS) in May 2006, the number of children in Burkina Faso orphaned as a result of the virus is approximately 120,000. It also noted that the Government has drawn up a strategic national framework to combat the virus for 2006–10, in collaboration with UNAIDS. The Committee takes due note of the information provided by the Government concerning the measures taken to protect HIV/AIDS orphans. It notes, in particular, that these measures have made it possible, in particular, to provide education and training to at least 10,000 orphans and vulnerable children (OVC) and provide them with food, healthcare and psychological support. Furthermore, the Government has provided assistance to households which accommodate OVCs and has set up structures to create income-generating activities. The Committee also takes due note that, according to the UNGASS report of January 2008 of Burkina Faso on the follow-up to the Declaration of Commitment on HIV/AIDS, the national strategic framework for combating the virus for 2006–10 has allowed psychosocial, economic or spiritual care to be provided to 18,726 OVCs in 2007. Furthermore, according to the information contained in the fact sheet on HIV/AIDS of 2008 of the Joint United Nations Programme on HIV/AIDS (UNAIDS) and the World Health Organization (WHO), there are around 100,000 HIV/AIDS orphans in Burkina Faso.

Although noting a reduction in the number of HIV/AIDS orphans between 2006 and 2008, the Committee expresses concern at the fact that a high number of children are still affected by the epidemic. It observes that HIV/AIDS has negative consequences on the orphans, whose risk of becoming engaged in the worst forms of child labour is increased. The Committee urges the Government to step up efforts to protect HIV/AIDS orphans and requests the Government to continue providing information on the specific time-bound measures taken in the context of the implementation of the national strategic framework for combating the virus, to prevent these children from becoming engaged in the worst forms of child labour.

2. Street children. In its previous comments, the Committee noted that, according to the information provided by the Government in its written replies to the Committee on the Rights of the Child in September 2002 (CRC/C/RESP/18, page 28), 24 per cent of street children are between seven and 12 years of age, 62 per cent are between 13 and 18 years of age, with roughly equal numbers of boys and girls, and 43 per cent of street children engage in begging. In this regard, the Government indicated that, in collaboration with partners, it has implemented a national action programme for education in an open environment (2005–09), which aims to support and ensure the rehabilitation and socioeconomic integration of at least 80 per cent of children removed from the streets. The Committee notes the information provided by the Government concerning the number of children and young persons who were supervised in rehabilitation facilities between 2005 and 2006. According to that information, 469 children were managed in an open environment and 551 in a closed environment. The Committee encourages the Government to continue its efforts and requests it to continue providing information on the time-bound measures taken, in particular in the context of the implementation of the national action programme for education in an open environment to protect street children against the worst forms of child labour and to ensure their rehabilitation and social integration.

Parts IV and V of the report form. Application of the Convention in practice. The Committee previously noted that a national study on child labour had been conducted in the country and requested the Government to provide a copy of that study. The Committee notes the Government’s indication that the study on child labour has not yet been returned. The Committee expresses the firm hope that the study will be returned and validated in the near future. It requests the Government to provide information in this regard and to provide a copy of the study as soon as it has been validated.