Findings on the Worst Forms of Child Labor - Senegal

Child Labor and Forced Labor Reports

Senegal

2015 Findings on the Worst Forms of Child Labor:

Moderate Advancement

In 2015, Senegal made a moderate advancement in efforts to eliminate the worst forms of child labor. The Government amended its hazardous work legislation to prohibit all children under age 18 from engaging in hazardous activities and prosecuted and convicted a marabout under the Law Concerning the Fight Against Trafficking in Persons. In addition, the Government doubled the budget of the National Program of Family Assistance Bursaries social safety net program to $32 million and provided support to 200,000 families. However, children in Senegal are engaged in child labor, including in gold mining, and also in the worst forms of child labor, including in forced begging. Criminal and labor law enforcement agencies lack adequate resources to effectively carry out their work, and redundancy among coordinating bodies to combat child labor hinders effective collaboration.

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Children in Senegal are engaged in child labor, including in gold mining. Children are also engaged in the worst forms of child labor, including in forced begging.(1-14) Table 1 provides key indicators on children’s work and education in Senegal.

Table 1. Statistics on Children’s Work and Education

Working children, ages 5 to 14 (% and population):

10.3 (377,148)

Working children by sector, ages 5 to 14 (%)

 

Agriculture

85.9

Industry

3.2

Services

10.9

School attendance, ages 5 to 14 (%):

54.8

Children combining work and school, ages 7 to 14 (%):

5.2

Primary completion rate (%):

59.0

Source for primary completion rate: Data from 2014, published by UNESCO Institute for Statistics, 2015.(15)
Source for all other data: Understanding Children’s Work Project’s analysis of statistics from Deuxième Enquête de Suivi de la Pauvreté au Sénégal (ESPS-II) Survey, 2011.(16)

Based on a review of available information, Table 2 provides an overview of children’s work by sector and activity.

Table 2. Overview of Children’s Work by Sector and Activity

Sector/Industry

Activity

Agriculture

Herding cattle* (17)

Fishing,* activities unknown (17)

Farming,* including the production of cotton,* rice,* and mangoes* (2, 8, 18)

Industry

Washing ore,* crushing rocks,* and carrying heavy loads*† while mining gold, iron,* and salt,* and quarrying rock* (4, 18-23)

Welding* and auto repair* (18)

Services

Domestic work (2, 4, 12, 18, 24)

Street work, including vending (2, 25)

Categorical Worst Forms of Child Labor‡

Domestic work, mining gold, fishing,* and farming, each sometimes as a result of human trafficking (8, 12, 14, 21, 26, 27)

Commercial sexual exploitation, sometimes as a result of human trafficking* (2, 12, 14, 23, 28)

Begging, sometimes as a result of human trafficking (1, 2, 4-14, 18, 26, 27, 29)

Forced labor in garbage collection* (30)

* Evidence of this activity is limited and/or the extent of the problem is unknown.
† Determined by national law or regulation as hazardous and, as such, relevant to Article 3(d) of ILO C. 182.
‡ Child labor understood as the worst forms of child labor per se under Article 3(a)–(c) of ILO C. 182.

Child trafficking to neighboring countries is not as prevalent as child trafficking within Senegal. As a result of being trafficked, boys are most commonly forced to beg and girls are forced into domestic work or to engage in commercial sexual exploitation.(12, 26, 27) In Senegal, it is a traditional practice to send boys to Koranic schools, called daaras, for education. However, instead of receiving an education, many students, known as talibés, are forced to beg by their teachers, known as marabouts.(7, 9, 10, 27, 31-35) The marabouts take the talibés’ earnings and often beat those who fail to meet the daily quota.(4, 9, 11, 13, 32, 34-36) The talibés often live in overcrowded, unsanitary conditions; receive inadequate food and medical care; and are vulnerable to physical and sexual abuse.(7, 9, 13, 30, 31, 35) They typically come from rural areas within Senegal and from neighboring countries, sometimes as a result of human trafficking.(9, 10, 13, 31, 33, 35-37) A 2013 study of daaras in the Dakar region conducted by the National Task Force Against Trafficking in Persons (CNLTP) found over 30,000 talibés who are forced to beg.(3, 13, 28, 38-41) However, there is little comprehensive data on the number and condition of daaras and talibés outside of Dakar, and some sources indicate that the problem is getting worse.(3, 13, 35)

Access to education in Senegal may be limited by the unavailability of schools and the lack of resources, particularly in rural areas.(2, 10, 31, 42) There are also not enough teachers in Senegal; moreover, both students and teachers are frequently absent, sometimes due to strikes.(2, 42-44) School-related fees and competing economic opportunities further undermine the incentives for poor families to send their children to school.(2, 10, 31) Additionally, students who do not have birth registration certificates are unable to take primary school exit exams.(43) Some girls reportedly leave school after being sexually harassed, including by teachers, or as a result of early pregnancy.(2, 14, 31)

Senegal has ratified all key international conventions concerning child labor (Table 3).

Table 3. Ratification of International Conventions on Child Labor

Convention

Ratification

ILO C. 138, Minimum Age

ILO C. 182, Worst Forms of Child Labor

UN CRC

UN CRC Optional Protocol on Armed Conflict

UN CRC Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography

Palermo Protocol on Trafficking in Persons

 

The Government has established laws and regulations related to child labor, including its worst forms (Table 4).

Table 4. Laws and Regulations Related to Child Labor

Standard

Yes/No

Age

Related Legislation

Minimum Age for Work

Yes

15

Article L. 145 of the Labor Code; Article 6 of the Decree Establishing the Scale of Penalties for Violations of the Labor Code and Associated Rules for Application (45, 46)

Minimum Age for Hazardous Work

Yes

18

Article 1 of the Ministerial Order Determining and Prohibiting the Worst Forms of Child Labor; Article 1 of the Ministerial Order Determining the Types of Hazardous Work Prohibited for Children and Youth; Article 1 of the Ministerial Order Determining the Categories of Business and Work Prohibited to Children and Youth (47-49)

Prohibition of Hazardous Occupations or Activities for Children

Yes

 

Article 2 of the Ministerial Order Determining and Prohibiting the Worst Forms of Child Labor; Article 2 of the Ministerial Order Determining the Types of Hazardous Work Prohibited to Children and Youth; Article 2 of the Ministerial Order Determining the Categories of Business and Work Prohibited to Children and Youth (47-49)

Prohibition of Forced Labor

Yes

 

Article L. 4 of the Labor Code; Article 2 of the Ministerial Order Determining and Prohibiting the Worst Forms of Child Labor; Article 1 of the Law Concerning the Fight Against Trafficking in Persons and Similar Practices and the Protection of Victims (45, 49, 50)

Prohibition of Child Trafficking

Yes

 

Article 1 of the Law Concerning the Fight Against Trafficking in Persons and Similar Practices and the Protection of Victims (50)

Prohibition of Commercial Sexual Exploitation of Children

Yes

 

Article 2 of the Ministerial Order Determining and Prohibiting the Worst Forms of Child Labor; Articles 323 and 324 of the Penal Code (47, 51)

Prohibition of Using Children in Illicit Activities

Yes

 

Article 2 of the Ministerial Order Determining and Prohibiting the Worst Forms of Child Labor (49)

Minimum Age for Compulsory Military Recruitment

N/A*

 

 

Minimum Age for Voluntary Military Service

Yes

18

Article 19 of Law N° 2008-28 (52, 53)

Compulsory Education Age

Yes

16

Article 3 of Law N° 2004-37 (54)

Free Public Education

Yes

 

Article 3 of Law N° 2004-37; Articles 21 and 22 of the Constitution (54, 55)

* No conscription (53)

In 2015, the Government adopted revisions to the Ministerial Orders Determining and Prohibiting the Worst Forms of Child Labor, Determining the Types of Hazardous Work Prohibited for Children and Youth, and Determining the Categories of Business and Work Prohibited to Children and Youth to prohibit all children under age 18 from engaging in hazardous work.(18, 41) A revision of the Labor Code that is also being considered by the National Assembly includes an amendment to raise the minimum age of work from age 15 to 16 and to establish harsher penalties for subjecting children to the worst forms of child labor.(53, 56)

A law was drafted in 2013 to improve the regulation of daaras as part of the Daara Modernization Program, which would require schools to submit to state inspections, adhere to a basic education curriculum, and formally halt the practice of forced begging. However, the law was withdrawn from consideration due to concerns expressed by some religious groups; the Ministry of Education is attempting to address those concerns.(12, 13, 30, 35, 41, 57) Furthermore, the Penal Code punishes begging with 3 to 6 months of imprisonment, and the Decree Establishing the Scale of Penalties for Violations of the Labor Code and Associated Rules for Application penalizes child labor violations with a fine of $4 to $31.(51) Government officials, the UNODC, UNICEF, and local NGOs have stated that these measures may not be severe enough to deter employers from exploiting children, particularly since the penalties are rarely enforced.(3, 58)

The Government has established institutional mechanisms for the enforcement of laws and regulations on child labor, including its worst forms (Table 5).

Table 5. Agencies Responsible for Child Labor Law Enforcement

Organization/Agency

Role

Ministry of Labor, Social Dialogue, Professional Organizations, and Institutional Relations (MOL)

Enforce child labor laws through the Labor Inspections Office and by using social security inspectors.(3, 31) In the case of the Directorate General of Labor and Social Security’s Task Force for the Coordination of the Fight Against Child Labor, also known as the Child Labor Unit, monitor and evaluate child labor activities.(17, 59, 60)

Ministry of Justice (MOJ)

Enforce all laws, including those on child trafficking and forced labor, and prosecute violations.(18) Train police and judiciary on laws related to human trafficking and forced begging.(13) House the Department of Correctional Education and Social Protection (DESPS), which helps to develop draft texts in the field of social protection and juvenile delinquency; strengthens the capacity of stakeholders to care for children; and shares responsibility for providing social services to vulnerable children with the Ministry of Women, Family, and Children (MWFC).(29, 41, 58, 61, 62)

Ministry of the Interior and Public Security

Oversee all law enforcement agencies, including the local and national police officials who intervene in cases of human trafficking, and arrest perpetrators of the worst forms of child labor. Refer cases to social services providers.(18, 26, 53, 63) House the Children’s Unit, located in Dakar, which employs three officers who specialize in child protection, victim identification, and reinsertion.(26, 29, 53) Through its Children’s Unit, receive assistance from the Vice Squad in child protection cases.(44)

Ministry of Women, Family, and Children (MWFC)

Contribute to the creation and implementation of child protection policies, and provide services to victims of exploitative child labor.(64) Operate the GINDDI center for vulnerable children and a toll-free child protection hotline through which the public can report child labor abuses.(12, 29, 30) Share responsibility with the DESPS for providing social services to vulnerable children.(58)

 

Labor Law Enforcement

In 2015, labor law enforcement agencies in Senegal took actions to combat child labor, including its worst forms (Table 6).

 Table 6. Labor Law Enforcement Efforts Related to Child Labor

Overview of Labor Law Enforcement

2014

2015

Labor Inspectorate Funding

$180,000 (18)

$90,000 (18)

Number of Labor Inspectors

80 (3)

90 (18)

Inspectorate Authorized to Assess Penalties

Yes (45, 53)

Yes (18)

Training for Labor Inspectors

 

 

Initial Training for New Employees

Yes (3, 17)

Yes (18)

Training on New Laws Related to Child Labor

N/A

Yes (18)

Refresher Courses Provided

Yes (3)

Yes (18)

Number of Labor Inspections

Unknown

Unknown

Number Conducted at Worksite

Unknown

Unknown

Number Conducted by Desk Reviews

Unknown

Unknown

Number of Child Labor Violations Found

0 (3)

Unknown (18)

Number of Child Labor Violations for Which Penalties Were Imposed

N/A (3)

Unknown (18)

Number of Penalties Imposed That Were Collected

N/A (3)

Unknown (18)

Routine Inspections Conducted

No (3)

No (18)

Routine Inspections Targeted

N/A (3)

N/A (18)

Unannounced Inspections Permitted

Yes (3, 45)

Yes (18, 45)

Unannounced Inspections Conducted

Unknown (3)

Yes (18)

Complaint Mechanism Exists

Yes (12)

Yes (12)

Reciprocal Referral Mechanism Exists Between Labor Authorities and Social Services

Yes (62)

Yes (62)

* The Government does not make this information publicly available.

All new labor inspectors are trained at the National Administration School, which includes a module on the worst forms of child labor and a consultation with members of the National Committee Against Child Labor.(18, 26) Additionally, all regional inspectorates receive yearly refresher training from the MOL Directorate General of Labor and Social Security.(18) According to the ILO’s recommendation of 1 inspector for every 40,000 workers in less developed economies, Senegal should employ approximately 158 inspectors in order to adequately enforce labor laws throughout the country. The MOL acknowledges that the current number of labor inspectors is insufficient; it also noted that a high turnover rate and significant reduction in its funding level had further hindered its ability to fulfill its mandate.(18, 65-67)

Research indicates that enforcement in the informal sector, in which most children are employed, is inadequate.(12, 18, 31) Although Article L. 241 of the Labor Code grants inspectors the authority to assess penalties for all offenses, they typically only do so for minor offenses and refer the more serious infractions to the courts for determination of penalties.(18, 45, 56) Courts may require violations to be resolved through conciliation at the Labor Inspectorate or refer cases to a tribunal for judgment.(18) In practice, however, child labor issues are primarily resolved at the community level and cases seldom rise to the attention of the police.(58) Between April 1, 2014, and March 31, 2015, the MWFC‘s child protection hotline received 2,583 calls concerning children in exploitative situations or seeking additional information.(12) However, research indicates that this hotline is not always staffed, so some calls go unanswered.(44) It is not clear how many cases of child labor were identified as a result of these calls.

Criminal Law Enforcement

In 2015, criminal law enforcement agencies in Senegal took actions to combat child labor, including its worst forms (Table 7).

Table 7. Criminal Law Enforcement Efforts Related to the Worst Forms of Child Labor

Overview of Criminal Law Enforcement

2014

2015

Training for Investigators

 

 

Initial Training for New Employees

Unknown (28)

Yes (18)

Training on New Laws Related to the Worst Forms of Child Labor

N/A

Yes (18)

Refresher Courses Provided

Yes (13, 28)

Yes (18, 26, 68)

Number of Investigations

Unknown (28)

Unknown (18)

Number of Violations Found

Unknown (28)

14 (18, 44)

Number of Prosecutions Initiated

3 (28)

1 (13)

Number of Convictions

5 (28, 44)

1 (13, 26)

Reciprocal Referral Mechanism Exists Between Criminal Authorities and Social Services

Yes (28, 58, 69)

Yes (18, 58)

 

In August 2015, judges, prosecutors, and police officials attended a training on human trafficking, which was organized in partnership with the UNODC. Two prosecutors also attended an ILEA-sponsored training on human trafficking in Gaborone, Botswana.(68) In addition to the Children’s Unit and the Department of Correctional Education and Social Protection, the Ministry of Education’s daara inspectorate employs two inspectors.(13, 30, 44) However, the entities responsible for enforcing laws against the worst forms of child labor are primarily concentrated in Dakar and Thiès, thus enforcement is limited outside of the capital.(13, 58) Although police stations in Senegal are expected to report cases involving children to the Children’s Unit, research found no evidence that this occurs regularly.(44, 58) During the reporting period, the GINDDI center provided support to 142 boys who were victims of child trafficking.(26)

The Government reports that existing laws are sufficient to effectively prosecute and punish individuals who use talibés for personal profit.(1, 13, 26, 30, 70) However, the courts have had limited success in prosecuting cases related to forced begging, partly due to a perceived lack of political support, cultural norms, and pressure from influential Koranic teachers who support this practice, particularly in rural areas.(56, 68) Additionally, some courts and law enforcement officials are not aware that the Law Concerning the Fight Against Trafficking in Persons, which prohibits forced begging, does not conflict with the Penal Code, which permits begging for religious purposes on specific days.(51, 56, 68) Most daaras also are not subject to government regulation or inspection, since they are private institutions, and the Government has made little progress with the 2013 draft law to improve daara oversight.(10, 13, 18, 26, 30, 40, 70) A lack of coordination, resource constraints, and powerful Muslim leaders have further hindered the Government’s efforts to prohibit forced begging.(26, 40) In an effort to better enforce the Law Concerning the Fight Against Trafficking in Persons, the MOJ released a directive instructing prosecutors to seek the maximum penalties for human trafficking violations during the reporting period.(26) In 2015, a marabout in Saint-Louis was prosecuted and convicted for shackling a student under the Anti-trafficking Law.(1, 13, 26) Although the Anti-trafficking Law punishes forced begging and related offenses by imprisonment of 2 to 5 years, the marabout received a sentence of 3 months.(26, 50)

The Government has established mechanisms to coordinate its efforts to address child labor, including its worst forms (Table 8).

Table 8. Mechanisms to Coordinate Government Efforts on Child Labor

Coordinating Body

Role & Description

National Committee Against Child Labor

Coordinate initiatives, policies, and partnerships with civil society organizations to address child labor, including the National Action Plan on the Prevention and Abolition of Child Labor in Senegal (PCNPETE). Chaired by the MOL and includes representatives from the MWFC, the MOJ, the Ministry of Education, the police, and elected officials.(26, 69, 71, 72) In 2015, assisted in amending the laws governing hazardous work to prohibit all children under age 18 from engaging in hazardous work as part of the National Action Plan on the Prevention and Abolition of Child Labor in Senegal.(18, 41)

Inter-Ministerial Commission

Coordinate implementation of the National Strategy on Child Protection and its related action plan.(3)

National Task Force Against Trafficking in Persons (CNLTP)

Report on human trafficking in Senegal, with a focus on women and children; coordinate the implementation of the National Action Plan on Combating Trafficking in Persons and other efforts to prevent human trafficking, prosecute perpetrators, and protect victims.(41, 53, 73-75) Chaired by the MOJ and employs five staff members.(13, 26, 41) In 2015, screened a film on child begging for law enforcement and judicial officials, and continued to conduct training on the national trafficking database for law enforcement. Also convened donors and civil society organizations to validate a new National Action Plan to Combat Trafficking in Human Beings and held two workshops to publicize the results of its daara mapping project.(26)

Senegalese Human Rights Committee

Coordinate human rights entities and submissions to the UN and the African Union and make recommendations on laws related to human rights.(76) Operates with an annual budget of approximately $125,000.(75) Composed of 29 members, including government entities, private sector organizations, and NGOs.(76)

Office of the President’s Childhood Protection Unit (CAPE)

Coordinate government efforts related to child protection, including through the implementation of the National Strategy on Child Protection.(41, 77) Reports directly to the President of Senegal.(44) Contribute to the creation and implementation of child protection policies; develop a national system for collecting and disseminating data about vulnerable children. Advocate on behalf of all entities working on issues related to child begging, violence against children, and child labor.(77)

 

Despite its activities in 2015, the CNLTP acknowledged that its efforts to coordinate anti-human trafficking activities were hindered by funding constraints and a lack of support from all levels of the Government.(26, 27, 63) Redundancy among the activities of the coordinating bodies also creates confusion and obstructs effective collaboration and implementation of efforts.(53, 63, 72)

The Government of Senegal has established policies related to child labor, including its worst forms (Table 9).

Table 9. Policies Related to Child Labor

Policy

Description

 

National Action Plan on the Prevention and Abolition of Child Labor in Senegal (PCNPETE) (2012–2016)

Aims to raise awareness of child labor issues, reinforce the capacity of law enforcement officials and civil society organizations, increase educational and training opportunities for youth, and improve the legal framework on child labor, including its worst forms.(1, 17, 25, 75, 78-80) In 2015, implemented new identification requirements for miners to combat child labor in artisanal mines, and established internship and apprenticeship programs for youth.(18) Also aims to implement a pilot cash transfer program by 2016; includes a budget of approximately $2.7 million.(20, 25, 78)

 

National Strategy on Child Protection (SNPE)

Aims to establish an integrated national social protection system and specifically identifies the issue of child begging.(17, 30) Implemented through Child Protection Committees (CDPE), currently established in 24 prefectures.(26, 29) CDPEs refer victims to social services and assist law enforcement with reintegrating child trafficking victims.(26) Includes an action plan with a recommended budget of $18 million.(17) In 2015, prefects, parliament members, and local stakeholders were trained on SNPE’s objectives and implementing instruments, and seven CDPEs were trained on the use of a trafficking database.(26)

 

National Action Plan to Combat Trafficking in Human Beings (2015–2017)†

Aims to strengthen the legal framework to prevent human trafficking, build capacity by training enforcement officials and working with religious leaders, provide protection and judicial remediation for victims, and improve monitoring and evaluation of the National Action Plan.(26, 81) Implemented by the CNLTP.(28)

 

National Framework Plan for the Eradication of Child Begging (2013–2015)

Aimed to combat child begging by regulating daaras, providing services to children removed from the street, and enforcing penalties for individuals who force children to beg.(1, 17, 30, 75)

 

Roadmap to Combat Human Trafficking†

Created during a workshop organized by the CNLTP, this joint agreement to combat human trafficking was signed with the Government of Guinea-Bissau.(26)

 

National Strategy for Economic and Social Development (SNDES) (2013–2017)*

Includes goals such as promoting youth employment and entrepreneurship, increasing access to social services, and improving the quality of education. Establishes a 10-year education cycle and commits to increasing employment opportunities for youth.(42) Through the 10-Year Education and Training Program (2012-2025) included in the SNDES, aims to improve the education system by mobilizing human and financial resources to enhance educational quality, improve physical infrastructure, and promote vocational training.(2, 42)

 

Program to Improve the Quality, Equality, and Transparence of the Education Sector (2013–2025)*

Led by the Directorate of Planning and Education Reform, incorporates the objectives of EFA, the Millennium Development Goals, and the SNDES. Aims to improve the quality of teaching; establish basic universal education; promote the teaching of science, technology, and innovation; and adapt vocation training to better suit the needs of youth and adults.(82)

       

* Child labor elimination and prevention strategies do not appear to have been integrated into this policy.
† Policy was approved during the reporting period.

In 2015, the Government of Senegal funded and participated in programs that include the goal of eliminating or preventing child labor, including its worst forms (Table 10).

Table 10. Social Programs to Address Child Labor

Program

Description

Project to Fight Against Trafficking and the Worst Forms of Child Labor (2013–2016)†

MWFC program that aims to raise awareness about forced begging and assist victims of child labor.(29, 37) In 2015, the Government allocated $183,000 to the MWFC for projects to address child labor, including forced begging, an increase of almost $100,000 from the 2014 budget of $86,000.(26, 44)

National Program of Family Assistance Bursaries (2013–2017)†

Part of PCNPETE, a social safety net program that provides conditional cash transfers to vulnerable families who keep their children in school.(18, 25, 75, 83) In 2015, doubled the program budget to approximately $32 million and served 200,000 families.(18)

Daara Modernization Program†

$18.5 million Government-funded program implemented by TOSTAN and RADDHO which aims to regulate, inspect, and fund daaras and eliminate forced begging.(84, 85) Completed a project to map daaras in the Dakar area in 2014; the CNLTP is conducting an assessment to expand the mapping project to other regions in Senegal.(26, 41) Ministry of Education signed an accord with the Senegalese Association of Koranic Schools to rehabilitate and equip 90 daaras; its Funds for Koranic Schools program also developed a secular curriculum and works with religious institutions to remove children from street begging and exploitative situations.(29, 31) MWFC provided training to Koranic teachers on children’s rights, child protection, and improvement of living conditions.(5, 29) In 2015, the Government implemented the first phase of the project, committing approximately $17,000 to build 32 public daaras and 32 community-led daaras in seven regions.(86)

Partnership for the Rescue and Rehabilitation of Street Children†

Government and NGO program that aims to withdraw children from the street and reinsert them into family settings.(29) Partners include government officials, NGOs, private-sector entities, religious organizations, and the media.(70)

ECOWAS Regional Action Plan on Child Labor (2012–2015)

Aimed to eliminate the worst forms of child labor in West Africa by 2015 through the implementation of a regional action plan with 14 other ECOWAS countries.(87)

ECOWAS Regional Action Plan to Eradicate Street Children (2015–2017)*

Based on the UN CRC and ECOWAS’s 2020 Vision, this regional initiative aims to develop an approach to withdrawing children from the street and creating a protective environment for vulnerable children. Aims to assist governments in implementing existing laws and developing new ones where necessary.(88) In 2015, ECOWAS launched the project at a workshop in Dakar.(26)

GINDDI Center†

MWFC-run shelter that serves abused and vulnerable children, including runaway talibés, street children, and child trafficking victims.(29-31, 61, 63) Provides food, education, vocational training, family mediation, and medical and psychological care.(5, 26, 31, 36, 61, 63)

Children’s Halfway Houses†

MOJ-run transit houses in Dakar, Pikine, and Saint-Louis that provide monitoring, education, and rehabilitation and reintegration services for victims of child trafficking.(26)

* Program was launched during the reporting period.
† Program is funded by the Government of Senegal.

Although the Government of Senegal has implemented programs to address child trafficking and forced begging, research found no evidence that the Government has carried out programs to assist children in domestic work, agriculture, or mining. Resource constraints further hampered the Government’s efforts to fully implement existing programs.(10, 14, 18, 30, 63, 79)

Based on the reporting above, suggested actions are identified that would advance the elimination of child labor, including its worst forms, in Senegal (Table 11).

Table 11. Suggested Government Actions to Eliminate Child Labor, Including its Worst Forms

Area

Suggested Action

Year(s) Suggested

Legal Framework

Ensure that penalties for child labor violations, including the worst forms, are stringent enough to serve as a deterrent.

2014 – 2015

Enforcement

Make statistics regarding the enforcement of child labor laws publicly available, including the number and type of inspections and investigations conducted, violations found, and penalties imposed.

2013 – 2015

Significantly increase the number of labor inspectors responsible for enforcing laws related to child labor in accordance with the ILO recommendation, and ensure adequate funding in order to fulfill their mandate.

2010 – 2015

Strengthen the labor inspectorate by proactively planning labor inspections, including in the informal economy.

2014 – 2015

Ensure that law enforcement officials and judges know how to appropriately apply the Law Concerning the Fight Against Trafficking in Persons, and that all penalties are applied according to the law, including those against forced begging.

2010 – 2015

Establish a mechanism to log all calls to the MWFC child protection hotline and track cases of child labor for referral to law enforcement or social services providers.

2014 – 2015

Coordination

Ensure the effectiveness of coordinating mechanisms on child labor by providing adequate resources, support, and distinct scopes of responsibility.

2010 – 2015

Government Policies

Integrate child labor elimination and prevention strategies into existing policies.

2013 – 2015

Social Programs

Ensure all children have access to education by eliminating school-related fees, building schools in rural areas, training additional teachers, and ensuring that all children have access to birth registration and that schools are free from sexual abuse.

2011 – 2015

Institute programs to address child labor in domestic work, agriculture, and mining, and ensure adequate funding is available to support existing programs targeting the worst forms of child labor, including forced begging.

2010 – 2015

 

1.         ILO Committee of Experts. Individual Observation concerning Worst Forms of Child Labour Convention, 1999 (No. 182) Senegal (ratification: 2000) Published: 2014; accessed April 8, 2014; http://www.ilo.org/dyn/normlex/en/f?p=1000:20010:0::NO:::.

2.         UNICEF. Situation des enfants au Sénégal: Une analyse des évolutions récentes pour une société plus équitable pour les enfants.; May 2013. http://ptfsenegal.org/wp-content/uploads/2014/08/SITAN-Situation-Enfants-S%C3%A9n%C3%A9gal.pdf.

3.         U.S. Embassy- Dakar. reporting, January 20, 2015.

4.         Diatta, JM. "Afrique: Mendicité des enfants, emploi domestique, exploitation dans les mines - Les pires formes de traite des etres humains." allafrica.com [online] July 31, 2014 [cited January 15, 2015]; http://fr.allafrica.com/stories/201407311310.html.

5.         ILO Committee of Experts. Individual Observation concerning Worst Forms of Child Labour Convention, 1999 (No. 182) Senegal (ratification: 2000) Published: 2013; accessed December 2, 2013; http://www.ilo.org/dyn/normlex/en/f?p=1000:20010:0::NO:::.

6.         UN Committee on the Elimination of Racial Discrimination. Consideration of Reports Submitted by States Parties Under Article 9 of the Convention: Concluding Observations: Senegal. Geneva; August 31, 2012. Report No. CERD/C/SEN/CO/16-18. http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CERD/C/SEN/CO/16-18&Lang=Sp.

7.         Traoré, K. "Sénégal : la mort d’un jeune talibé relance le débat sur le sort des enfants de la rue." Afrik, (July 29, 2015); http://www.afrik.com/senegal-la-mort-d-un-jeune-talibe-relance-le-debat-sur-le-sort-des-enfants-de-la-rue.

8.         Brandt, S. Trafficking in Child Labor in Ghana and Senegal; February 20, 2015. http://digitalcommons.unl.edu/cgi/viewcontent.cgi?article=1010&context=humtrafcon6.

9.         Begging among children growing problem in Senegal, Daily Sabah, [Online] September 15, 2015 [cited November 4, 2015]; http://www.dailysabah.com/life/2015/09/16/begging-among-children-growing-problem-in-senegal.

10.       Turner, C. Time for Change: A call for urgent action to end the forced child begging of talibés in Senegal. London, Anti-Slavery International; 2011. http://www.antislavery.org/includes/documents/cm_docs/2012/t/1_talibereport_english_smaller.pdf.

11.       Monégier, P. Sénégal : les enfants talibés des rues de Dakar [Video]. Paris: Francetv info; June 12, 2015, 01 min., 50 sec., November 4, 2015; http://www.francetvinfo.fr/replay-magazine/france-2/envoye-special/video-senegal-les-enfants-talibes-des-rues-de-dakar_948013.html.

12.       U.S. Department of State. "Senegal," in Trafficking in Persons Report- 2015. Washington, DC; July 27, 2015; http://www.state.gov/j/tip/rls/tiprpt/2015/index.htm.

13.       Human Rights Watch. Senegal: Decade of Abuse in Quranic Schools; November 4, 2015. https://www.hrw.org/news/2015/04/20/senegal-decade-abuse-quranic-schools.

14.       UN Committee on the Elimination of Discrimination against Women. Concluding observations on the combined third to seventh periodic reports of Senegal; July 28, 2015. Report No. CEDAW/C/SEN/CO/3-7. http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CEDAW/C/SEN/CO/3-7&Lang=En.

15.       UNESCO Institute for Statistics. Gross intake ratio to the last grade of primary. Total. [accessed December 16, 2015] http://data.uis.unesco.org/. Data provided is the gross intake ratio to the last grade of primary school. This measure is a proxy measure for primary completion. This ratio is the total number of new entrants in the last grade of primary education, regardless of age, expressed as a percentage of the population at the theoretical entrance age to the last grade of primary. A high ratio indicates a high degree of current primary education completion. Because the calculation includes all new entrants to last grade (regardless of age), the ratio can exceed 100 percent, due to over-aged and under-aged children who enter primary school late/early and/or repeat grades. For more information, please see the “Children's Work and Education Statistics: Sources and Definitions” section of this report.

16.       UCW. Analysis of Child Economic Activity and School Attendance Statistics from National Household or Child Labor Surveys. Original data from Deuxième Enquête de Suivi de la Pauvreté au Sénégal (ESPS-II), 2011. Analysis received December 18, 2015. Reliable statistical data on the worst forms of child labor are especially difficult to collect given the often hidden or illegal nature of the worst forms. As a result, statistics on children’s work in general are reported in this chart, which may or may not include the worst forms of child labor.  For more information on sources used, the definition of working children and other indicators used in this report, please see the “Children's Work and Education Statistics: Sources and Definitions” section of this report.

17.       U.S. Embassy- Dakar. reporting, February 5, 2014.

18.       U.S. Embassy- Dakar. reporting, January 16, 2016.

19.       UNODC official. E-mail communication to USDOL official. January 15, 2014.

20.       ILO Committee of Experts. Individual Direct Request concerning Worst Forms of Child Labour Convention, 1999 (No. 182) Senegal (ratification: 2000) Published: 2014; accessed April 8, 2014; http://www.ilo.org/dyn/normlex/en/f?p=1000:20010:0::NO:::.

21.       Barroux, R. "Au Sénégal, l’enfer des mines d’or pour des centaines d’enfants." Le Monde, Khalakhéna, Sénégal, June 16, 2014. http://www.lemonde.fr/planete/article/2014/06/16/au-senegal-l-enfer-des-mines-d-or-pour-des-centaines-d-enfants_4438916_3244.html.

22.       République du Sénégal. Les Pires Formes De Travail Des Enfants Au Senegal : Cas Des Enfants Travailleurs Dans Les Zones D’orpaillage Traditionnel De La Region De Kedougou - Communautes Rurales De Missirah Sirimana Et Khossanto. Dakar; 2011.

23.       U.S. Embassy- Dakar official. E-mail communication to USDOL official. February 11, 2016.

24.       Agence Nationale de la Statistique et de la Démographie, and ICF International. Enquête Démographique et de Santé Continue (EDS-Continue) 2014; May 2015. http://www.dhsprogram.com/pubs/pdf/FR305/FR305.pdf.

25.       ILO Committee of Experts. Individual Observation concerning Minimum Age Convention, 1973 (No. 138) Senegal (ratification: 1999) Published: 2014; accessed October 28, 2014; http://www.ilo.org/ilolex/english/iloquery.htm.

26.       U.S. Embassy- Dakar. reporting, February 29, 2016.

27.       Wane, M. Rapport Atelier de Planification Stratetique de Lutte Contre la Traite des Personnes 2015-2017. Dakar, Cellule Nationale de Lutte contre la Traite des Personnes (CNLTP); June 2015. [source on file].

28.       U.S. Embassy- Dakar. reporting, February 17, 2015.

29.       Government of Senegal. Communication sur la Protection et le Promtion des Droits des Enfants Migrants. Geneva, Ambassade de la Republique du Senegal June 23, 2014. http://www.ohchr.org/Documents/Issues/Migration/GA69thSession/Senegal.pdf.

30.       Human Rights Watch. Exploitation in the Name of Education: Uneven Progress in Ending Forced Child Begging in Senegal; March 2014. http://www.hrw.org/sites/default/files/reports/senegal0314_ForUpload.pdf.

31.       U.S. Department of State. "Senegal," in Country Reports on Human Rights Practices- 2014. Washington, DC; June 25, 2015; http://www.state.gov/j/drl/rls/hrrpt/humanrightsreport/index.htm#wrapper.

32.       Hussain, M. "Senegalese children forced to beg by renegade teachers' betrayal of principle." The Guardian, London, December 11, 2012; Global Development. http://www.theguardian.com/global-development/2012/dec/11/senegalese-children-forced-beg-renegade-teachers.

33.       Agence France Presse. Guinea-Bissau smashes child trafficking ring: police; March 8, 2015.

34.       "Exposing the Abuse Behind Senegal's Koranic Schools," Journeyman Pictures; December 4, 2015; 24:00, Film; http://www.journeyman.tv/69416/short-films/talibe-hd.html.

35.       Cruz, M. "The Truth About Child Trafficking in Senegal." newsweek.com [online] February 17, 2016 [cited February 19, 2016]; http://www.newsweek.com/senegal-child-trafficking-koranic-boarding-school-daaras-427621.

36.       U.S. Department of State. "Senegal," in Trafficking in Persons Report- 2014. Washington, DC; June 20, 2014; http://www.state.gov/j/tip/rls/tiprpt/countries/2014/226807.htm.

37.       U.S. Embassy- Dakar. reporting, March 2, 2011.

38.       Lazuta, J. "HRW: Senegal Must Crack Down on Quranic Schools' Forced Begging." voanews.com [online] March 19, 2014 [cited 2014]; http://www.voanews.com/content/hrw-senegal-must-crack-down-on-quranic-schools-forced-begging/1874692.html.

39.       Integrated Regional Information Networks. "Scant Progress on Senegal’s Talibé Problem." IRINnews.org [online] March 21, 2014 [cited October 28, 2014]; http://www.irinnews.org/printreport.aspx?reportid=99809.

40.       Child Rights International Network. Senegal: First steps taken to eradicate forced child begging in Quranic schools; August 7, 2015. https://www.crin.org/sites/default/files/senegal_talibes_case_study.pdf.

41.       U.S. Embassy- Dakar official. E-mail communication to USDOL official. February 12, 2016.

42.       IMF. Senegal: Poverty Reduction Strategy Paper. Washington, DC; July, 2013. Report No. No. 13/194 http://www.imf.org/external/pubs/ft/scr/2013/cr13194.pdf.

43.       Sidy, A. "Pauvrete, travail precoce, malnutrition, exclusion du systeme educatif, etc. : Le Sénégal peine à bercer ses enfants." Seneweb.com [online] March 13, 2013 [cited March 1, 2016]; http://seneweb.com/news/Societe/pauvrete-travail-precoce-malnutrition-exclusion-du-systeme-educatif-etc-le-senegal-peine-a-bercer-ses-enfants_n_90549.html.

44.       U.S. Embassy- Dakar official. E-mail communication to USDOL official. May 12, 2016.

45.       Government of Senegal. Code du Travail, Loi n°97-17, enacted December 1, 1997. http://www.droit-afrique.com/images/textes/Senegal/Senegal%20-%20Code%20du%20travail.pdf.

46.       Government of Senegal. Decret Fixant l’Echelle des Peines de Simple Police Applicables aux Auteurs de Contraventions aux Dispositions du Code du Travail et des Reglements Prevus pour son Application, Decret N° 62-017, enacted January 22, 1962. http://www.congad.org/cadrejuridique/7CODE%20DU%20TRAVAIL%20SENEGAL.pdf.

47.       Government of Senegal. Arrêté ministériel n° 3750 MFPTEOP-DTSS en date du 6 juin 2003, fixant la nature des travaux dangereux interdits aux enfants et jeunes gens, enacted June 6, 2003. http://www.ilo.org/dyn/natlex/docs/SERIAL/64611/64953/F1229124862/SEN64611.pdf.

48.       Government of Senegal. Arrêté ministériel n° 3751 MFPTEOP-DTSS en date du 6 juin 2003, enacted June 6, 2003. http://www.ilo.org/dyn/natlex/docs/SERIAL/64612/64952/F364251671/SEN64612.pdf.

49.       Government of Senegal. Arrêté ministériel n° 3749 MFPTEOP-DTSS en date du 6 juin 2003, enacted June 6, 2003. http://www.ilo.org/dyn/natlex/docs/SERIAL/64610/64951/F2020269921/SEN64610.pdf.

50.       Government of Senegal. Loi n° 2005-06 du 10 mai 2005 relatif a la lutte contre la traite des personnes et pratiques assimilees et a la protection des victimes, enacted May 10, 2005. http://www.centif.sn/Loi_2005_06.pdf.

51.       Government of Senegal. Code Penal, Loi No. 65-60, enacted July 21, 1965. http://www.wipo.int/edocs/lexdocs/laws/fr/sn/sn010fr.pdf.

52.       Government of Senegal. Loi n° 2008-28 du 28 juillet 2008, enacted July 28, 2008. http://www.jo.gouv.sn/spip.php?article7178.

53.       U.S. Embassy- Dakar official. E-mail communication to USDOL official. March 18, 2015.

54.       Government of Senegal. Loi n° 2004-37 du 15 Décembre 2004, enacted December 15, 2004. http://www.jo.gouv.sn/spip.php?article2689.

55.       Government of Senegal. Constitution of the Republic of Senegal, enacted January 22, 2001.

56.       U.S. Embassy- Dakar official. E-mail communication to USDOL official. March 27, 2015.

57.       Government of Senegal. Projet de Loi Portant Statut du « Daara». Dakar: 2013. http://www.slideshare.net/asfiyahi99/projet-de-loi-statut-daara.

58.       Government of Senegal. Cartographie et Analyse des Systems de Protection de l'Enfance au Senegal. Dakar, Ministère de la Famille, des Groupements Féminins et de la Protection de l’Enfance; Ministère de la Justice Cellule d’Appui à la Protection de l’Enfance; 2011. http://www.unicef.org/wcaro/english/Senegal_Carto_Analyse_Systemes_Prot_Enfant.pdf.

59.       UNICEF, ILO. Amélioration de la situation des enfants à risques au Sénégal. Dakar, UNICEF; ILO; December 2012. http://www.ilo.org/wcmsp5/groups/public/---africa/---ro-addis_ababa/---sro-dakar/documents/publication/wcms_237356.pdf.

60.       Thiam, B. Presentation de la Direction Generale du Travail et de la Securite Sociale (DGTSS). Dakar, Ministère de la Fonction Publique, du Travail, du Dialogue Social et des Organisations Professionnelles; ND. http://www.fonctionpublique.gouv.sn/phocadownload/presentation_de_la_direction_generale_du_travail_et_de_la_securite_sociale.pdf.

61.       Faye, S. La problématique des enfants de rue au Sénégal. Chicoutimi, Université du Québec à Chicoutimi; March 2, 2015. http://classiques.uqac.ca/contemporains/Faye_Saliou/problematique_enfants_de_rue_senegal/problematique_enfants_de_rue_senegal.pdf.

62.       Government of Senegal. Demander le placement d'un enfant mineur dans les centres spécialisés, Ministère de la Justice, [Online] [cited December 16, 2015]; http://www.servicepublic.gouv.sn/index.php/demarche_administrative/demarche/1/367/7/50.

63.       U.S. Embassy- Dakar official. E-mail communication to USDOL official. January 25, 2016.

64.       Government of Senegal. Décret n°2014-874 relatif aux attributions du Ministre de la Femme, de la Famille et de l'Enfance, enacted July 22, 2014. http://www.gouv.sn/IMG/article_PDF/article_a1700.pdf.

65.       CIA. The World Factbook, [online] [cited January 19, 2016]; https://www.cia.gov/library/publications/the-world-factbook/fields/2095.html#131. Data provided is the most recent estimate of the country’s total labor force. This number is used to calculate a “sufficient number” of labor inspectors based on the country’s level of development as determined by the UN.

66.       UN. "World Economic Situation and Prospects 2012 Statistical Annex." (2012); http://www.un.org/en/development/desa/policy/wesp/wesp_current/2012country_class.pdf. For analytical purposes, the Development Policy and Analysis Division (DPAD) of the Department of Economic and Social Affairs of the United Nations Secretariat (UN/DESA) classifies all countries of the world into one of three broad categories: developed economies, economies in transition, and developing countries. The composition of these groupings is intended to reflect basic economic country conditions. Several countries (in particular the economies in transition) have characteristics that could place them in more than one category; however, for purposes of analysis, the groupings have been made mutually exclusive. The list of the least developed countries is decided upon by the United Nations Economic and Social Council and, ultimately, by the General Assembly, on the basis of recommendations made by the Committee for Development Policy. The basic criteria for inclusion require that certain thresholds be met with regard to per capita GNI, a human assets index and an economic vulnerability index. For the purposes of the Findings on the Worst Forms of Child Labor Report, “developed economies” equate to the ILO’s classification of “industrial market economies; “economies in transition” to “transition economies,” “developing countries” to “industrializing economies, and “the least developed countries” equates to “less developed countries.” For countries that appear on both “developing countries” and “least developed countries” lists, they will be considered “least developed countries” for the purpose of calculating a “sufficient number” of labor inspectors.

67.       ILO. Strategies and Practice for Labour Inspection. Geneva, Committee on Employment and Social Policy; November 2006. http://www.ilo.org/public/english/standards/relm/gb/docs/gb297/pdf/esp-3.pdf. Article 10 of ILO Convention No. 81 calls for a “sufficient number” of inspectors to do the work required. As each country assigns different priorities of enforcement to its inspectors, there is no official definition for a “sufficient” number of inspectors. Amongst the factors that need to be taken into account are the number and size of establishments and the total size of the workforce. No single measure is sufficient but in many countries the available data sources are weak. The number of inspectors per worker is currently the only internationally comparable indicator available. In its policy and technical advisory services, the ILO has taken as reasonable benchmarks that the number of labor inspectors in relation to workers should approach: 1/10,000 in industrial market economies; 1/15,000 in industrializing economies; 1/20,000 in transition economies; and 1/40,000 in less developed countries.

68.       U.S. Embassy- Dakar official. E-mail communication to USDOL official. December 9, 2015.

69.       U.S. Embassy- Dakar. reporting, January 31, 2012.

70.       UN Committee on the Elimination of Racial Discrimination. Concluding Observations Concerning the Sixteenth, Seventeenth and Eighteenth Periodic Reports of Senegal as Adopted by the Committee at its Eighty-first Session, Held from 6 to 31 August 2012. Geneva; October 24, 2012. Report No. CERD/C/SEN/CO/16-18. http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CERD%2fC%2fSEN%2fCO%2f16-18&Lang=en.

71.       U.S. Embassy- Dakar. reporting, February 5, 2013.

72.       U.S. Embassy- Dakar official. E-mail communication to USDOL official. February 18, 2014.

73.       U.S. Embassy- Dakar. reporting, February 15, 2013.

74.       U.S. Embassy- Dakar. reporting, February 14, 2014.

75.       UN Human Rights Council. National report submitted in accordance with paragraph 5 of the annex to Human Rights Council resolution 16/21, October 21 - November 1, 2013. Geneva; 2013. http://daccess-dds-ny.un.org/doc/UNDOC/GEN/G13/157/12/PDF/G1315712.pdf?OpenElement.

76.       Government of Senegal. Loi n° 97-04 du 10 mars 1997 renforçant le statut du Comité Sénégalais des Droits de l’Homme, enacted March 10, 1997. http://www.ilo.org/dyn/natlex/docs/SERIAL/47300/42162/F-1132781402/SEN-47300.pdf.

77.       Government of Senegal. Présentation de la CAPE, [web page] [cited March 1, 2016]; http://www.cape.gouv.sn/-Decouvrir-la-CAPE-.html.

78.       Government of Senegal. Plan cadre national de prévention et d'élimination du travail des enfants au Sénégal (2012-2016). Dakar, Ministère de la Fonction Publique, du Travail et des Relations avec les Institutions, Direction Générale du Travail et de la Sécurité Sociale and Direction des Relations de Travail et des Organisations Professionnelles; October, 2012. http://www.ilo.org/dyn/natlex/docs/ELECTRONIC/94517/110939/F962833257/SEN-94517.pdf.

79.       ILO Committee of Experts. Individual Direct Request concerning Worst Forms of Child Labour Convention, 1999 (No. 182) Senegal (ratification: 2000) Published: 2013; accessed December 02, 2013; http://www.ilo.org/dyn/normlex/en/f?p=1000:20010:0::NO:::.

80.       "Lutte contre le travail des enfants au Sénégal ; 37% des enfants sont économiquement actifs." enqueteplus.com [online] July 6, 2013 [cited http://www.enqueteplus.com/content/lutte-contre-le-travail-des-enfants-au-s%C3%A9n%C3%A9gal-37-des-enfants-sont-%C3%A9conomiquement-actifs.

81.       Government of Senegal. Matrice : Plan d’Action National 2015-2017. Dakar, Cellule Nationale de Lutte Contre la Traite des Personnes (CNLTP); 2015. [source on file].

82.       Government of Senegal. Programme d’Amélioration de la Qualité, de l’Equité et de la Transparence (PAQUET) Secteur Education Formation 2013-2025. Dakar: 2013. http://planipolis.iiep.unesco.org/upload/Senegal/Senegal-Education-Sector-Plan-2013-2025.pdf.

83.       Government of Senegal. La bourse de sécurité familiale. Dakar; April 8, 2013. http://www.gouv.sn/La-bourse-de-securite-familiale.html.

84.       Norris, C. Mid-term Review of Civil Society Challenge Fund project 518: Project to end forced Child begging in Senegal. Anti-Slavery International; 2013. http://www.antislavery.org/includes/documents/cm_docs/2013/t/1_talibes_midterm_review_final_2.pdf.

85.       Anti-Slavery International. Project on Forced Child Begging of Talibés in Senegal, [Web page] [cited December 22, 2015]; http://www.antislavery.org/english/what_we_do/child_slavery/forced_child_begging_in_senegal.aspx.

86.       SeneNews. "Modernistaion des daaras : 64 daaras modernes vont être construits selon le coordonnateur du PAMOD." (2015); http://www.senenews.com/2015/05/21/modernistaion-des-daaras-64-daaras-modernes-vont-etre-construits-selon-le-coordonnateur-du-pamod_127889.html.

87.       ECOWAS. ECOWAS Regional Action Plan for the Elimination of Child Labour Especially in the Worst Forms. Abuja; June 2013. http://www.ilo.org/wcmsp5/groups/public/---africa/documents/publication/wcms_227737.pdf.

88.       ECOWAS. Note d’Orientation: Approche Regionale Visant a Aider les Etats Membres a Eradiquer le Syndrome des ‘Enfants de la Rue’ dans l’Espace CEDEAO. Abuja, Departement des Affaires Politiques, de la Paix et de la Securite Centre d’Observation et de Suivi; 2015. http://www.ecowas.int/wp-content/uploads/2015/06/Note-dorientation-Projet-CEDEAO-Eradication-phenomene-dans-la-rue.pdf.

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