R 170707Z MAR 09
FM AMEMBASSY OUAGADOUGOU
TO SECSTATE WASHDC 4728
INFO ECOWAS COLLECTIVE
USMISSION GENEVA

UNCLAS OUAGADOUGOU 000172 
 
 
DEPT FOR DOL/ILAB TINA MCCARTER 
DRL/IL for TU DANG 
 
E.O. 12958: N/A 
TAGS: ELAB EIND ETRD PHUM SOCI USAID UV
SUBJECT: BURKINA FASO: WORST FORMS OF CHILD LABOR INFORMATION 
 
REF: STATE 127448 
 
 
¶1. Post has collected, to the extent possible, information in 
response to reftel request on the worst forms of child labor: 
 
A) Laws and regulations proscribing the worst forms of child labor: 
 
-What laws have been promulgated on child labor? 
 
-- the UN Convention on Children's Rights; 
-- the African Charter on Children's Rights and Welfare; 
-- the Hague Convention on the Civil Aspects of International Child 
Kidnapping; 
-- the Convention on International Cooperation concerning 
International Adoption; and 
-- ILO Conventions 182 and 138. 
 
-What is the country's minimum age for admission to work? 
 
-- The minimum age for employment is 16 and while not enforced, the 
statutory minimum schooling age is also 16. 
 
-Are there exceptions to the minimum age law? 
 
-- There are no exceptions to this law. 
 
-What is the minimum age for admission to hazardous work, and what 
additional provisions has the country enacted regarding children's 
involvement in hazardous work? 
 
-- The law sets the minimum age for employment at 16 years and 
prohibits children under 18 from working at night except in times of 
emergency.  The law defines and prohibits the worst forms of child 
labor and hazardous work for children following ILO Convention 182. 
Although the Cabinet has yet to adopt the list of occupations 
considered to be the worst forms of child labor and hazardous work, 
this list includes the following: mining, quarry operation, night 
club operation, commercial sex work, drug production, sale, and 
smuggling, and construction work.  Furthermore, slavery of any kind, 
to include serfdom, forced labor, physical and psychological torture 
of children, the use of children in armed conflicts, and work 
requiring the handling of flammable or toxic products is strictly 
prohibited. 
 
-What laws have been promulgated on the worst forms of child labor, 
such as forced child labor and trafficking or child prostitution and 
pornography? 
 
-- The law sets the minimum age for employment at 16 years and 
prohibits children under 18 from working at night except in times of 
emergency.  The law defines and prohibits the worst forms of child 
labor for children following ILO Convention 182.  The Labor Code 
forbids slavery and slavery-like practices, inhumane and cruel 
treatment, and physical or emotional abuse of children.  The law 
also prohibits child trafficking, forced and compulsory labor, the 
use of children in pornographic activities, and the production and 
sale of drugs. 
 
-- Violations of minimum age and forced labor laws are subject to 
imprisonment of up to 10 years, and violations of laws prohibiting 
the worst forms of child labor are governed by the penalties set 
forth by the May 2008 anti-trafficking in persons legislation.  This 
law prohibits trafficking in adults as well as children for sexual 
exploitation, labor, and other related practices.  It increases 
maximum prison terms for child traffickers from five to 10 years and 
allows terms as high as 20 years or life imprisonment under certain 
conditions.  The law also prohibits slavery, inhumane treatment, 
mistreatment of children and adults, kidnapping, and violence. 
 
-What is the country's minimum age for military recruitment? 
 
-- The minimum age for voluntary recruitment into the military is 20 
years, and for compulsory recruitment is 18 years. 
 
-If the country has ratified Convention 182, has it developed a list 
of occupations considered to be worst forms of child labor, as 
called for in article 4 of the Convention? 
 
-- Burkina Faso ratified the ILO Convention 182 in 2001. Although it 
has not yet been formally adopted, the Cabinet considered the 
following list of occupations to be the worst forms of child labor 
and hazardous work: mining, quarry operation, night club operation, 
commercial sex work, drug production, sale, and smuggling, and 
construction work.  Furthermore, slavery of any kind, to include 
serfdom, forced labor, physical and psychological torture of 
children, the use of children in armed conflicts, and work requiring 
the handling of flammable or toxic products is strictly prohibited. 
 
B) Regulations for implementation and enforcement of proscriptions 
against the worst forms of child labor: 
 
-What legal remedies are available to government agencies that 
enforce child labor and worst forms of child labor laws (civil 
fines, criminal penalties, court orders), and are they adequate to 
punish and deter violations? 
 
--Violations of minimum age and forced labor laws are subject to 
imprisonment of up to 10 years, and violations of laws prohibiting 
the worst forms of child labor are governed by the penalties set 
forth by the anti-trafficking in persons legislation.  This law 
prohibits child trafficking for economic or sexual exploitation, or 
any other purpose that is harmful to a child's health, well-being, 
or physical or mental development. It also punishes illegal 
adoption; early or forced marriage, increases maximum prison terms 
for child traffickers from five to 10 years and allows terms as high 
as 20 years or life imprisonment under certain conditions, and also 
prohibits slavery, inhumane treatment, mistreatment of children and 
adults, kidnapping, and violence. 
 
- To what extent are complaints investigated and violations 
addressed? 
 
-- The national police, gendarmes, customs service, and labor 
inspectors are responsible for investigating reports of illegal 
child labor.  The President of the Labor Tribunal decides if a case 
merits submission to a prosecutor. 
 
-- Embassy contacts said it was rare to see complaints levied 
against employers and knew of no cases where such complaints existed 
and were investigated. 
 
-What level of resources does the government devote to investigating 
child labor and worst forms of child labor cases throughout the 
country?  How many inspectors does the government employ to address 
child labor issues?  How many child labor investigations have been 
conducted over the past year?  How many have resulted in fines, 
penalties, or convictions? 
 
-- The government's limited resources do not permit it to adequately 
investigate child labor cases throughout the country.  It currently 
employs 39 labor inspectors, including nine women, and 16 labor 
controllers.  Although there is one labor inspector in each of the 
country's 13 regions who acts as a focal point for child labor 
issues, none of these inspectors and controllers is specifically 
dedicated to addressing child labor issues.  Post is unaware of any 
inspection or investigation over the past year that has resulted in 
convictions or the imposition of fines or other penalties. 
 
-Has the government provided awareness-raising and/or training 
activities for officials charged with enforcing child labor laws? 
 
-- Yes. The government, in cooperation with NGOs, UNICEF and IPEC, 
has organized campaigns, workshops, and seminars focusing on child 
trafficking and child labor.  In addition, the Government made 
public announcements against child trafficking and child labor on 
the occasion of the celebration of the June 12 World Day Against 
Child Labr.  The Government co-sponsored a short documentar film 
on child labor, both for sensitization puroses, bu also to 
highlight the sanctions for vilating child labor laws. 
 
C) Whether there are soial programs specifically designed to 
prevent an withdraw children from th worst forms of child labor. 
 
-What initiatives has the government supported to prevent children 
from entering exploitive work situations, to withdraw children 
engaged in such labor, and to advocate on behalf of children 
involved in such employment and their families?  These initiatives 
could include cash transfer programs that specifically target 
families with working children to enable children to leave work and 
enter school, establishment of shelters for child trafficking 
victims, or other programs.  Since the focus of the report is on 
government efforts, reporting is requested on initiatives carried 
out either by the government or by NGOs, but with government 
support.  (If possible, please provide information on funding levels 
for such initiatives.) 
 
-- The GOBF has worked with international donors and NGOs to address 
the root causes of child labor and to inspect labor facilities and 
operations according to national labor laws.  The GOBF has also 
worked on programs to remove children from the worst forms of child 
labor.  The GOBF also works with the ILO through its International 
Program for the Elimination of Child Labor (IPEC). 
 
-- The government, through IPEC funding, has produced and 
distributed documentaries on child labor in the mining and domestic 
sectors.  It also produced a TV series on child labor.  Also through 
IPEC and UNICEF funding, the Ministry of Social Action has started a 
program to establish watch committees in provinces in which child 
trafficking and labor are problematic. 
 
D) Does the country have a comprehensive policy aimed at the 
elimination of the worst forms of child labor? 
 
-Does the country have a comprehensive policy or national program of 
action on child labor or specific forms of child labor?  Does the 
country incorporate child labor specifically as an issue to be 
addressed in poverty reduction, development, educational or other 
social policies or programs, such as Poverty Reduction Strategy 
Papers, etc.  If so, to what degree has the country implemented the 
policy and/or program of action and achieved its goals and 
objectives? 
 
-- Unlike the national program of action on child trafficking that 
was adopted in 2007, the GOBF has not yet adopted the one on child 
labor.  Burkina Faso is one of the ECOWAS signatory countries of the 
agreement to fight against trans-border child trafficking for work 
purposes.  In Ouagadougou, in 2004, the Government of Burkina Faso 
and the Government of Mali signed a bilateral agreement of 
cooperation to fight against trans-border child trafficking for work 
purposes.  The agreement took into account most known international 
conventions or legal instruments, including the African Charter on 
Human Rights and Children's Rights and Welfare, and the ECOWAS 
Convention on the Freedom of Movement of People and Their Property, 
which intended to protect and promote children's rights and ensure 
their welfare.  Both signatory countries agreed to work in the areas 
of prevention, protection, suppression, partnership, repatriation, 
reintegration, law enforcement, and extradition of child 
traffickers. 
 
-Is education free in law and in practice?  Is education compulsory 
in law and in practice? 
 
--Although the law calls for compulsory education, widespread and 
dire poverty drives many children to seek employment. Government 
school infrastructures are insufficient to accommodate all those who 
are supposed to go and study until they are 16.  Most families 
cannot afford school fees for all or even some of their children. 
While the government pays education costs in principal, in practice 
communities are frequently responsible for the construction of 
primary schools and teachers' housing.  The cost of transportation 
for both primary and secondary schooling and cost of school uniforms 
are also prohibitively expensive for many families.  High schools 
are typically located in provincial capitals; students from rural 
areas who wish to study beyond te primary level must pay for 
lodging at a boardig house. 
 
E) Is the country making continual proress toward eliminating the 
worst forms of child labor? 
 
-Posts are aske to indicate in what sectors/work activities/goods 
are children involved and how has this changed over the past year. 
 
--Children work in agriculture the nformal sector (such as street 
vendors, doestic work, and work in the mining industry as "mues"). 
 Although working children come from all ehnic, gender, and 
religious groups; however, children in Burkina Faso from the Dafing 
(west), Samo (northwest), and Dogon (northwest Burkina Faso and 
southern Mali), Lobi and Dagari (south-West) ethnic groups are more 
involved in child labor.  This trend has not changed in recent 
years.  The most recent government study was conducted in 2006. 
 
 
LAEUCHLI