PROTECTION MECHANISMS FOR VULNERABLE MIGRANTS IN BURKINA FASO, THE GAMBIA, GHANA AND SENEGAL

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1 PROTECTION MECHANISMS FOR VULNERABLE MIGRANTS IN BURKINA FASO, THE GAMBIA, GHANA AND SENEGAL

2 The opinions expressed in the report are those of the authors and do not necessarily reflect the views of the International Organization for Migration (IOM). The designations employed and the presentation of material throughout the report do not imply expression of any opinion whatsoever on the part of IOM concerning legal status of any country, territory, city or area, or of its authorities, or concerning its frontiers or boundaries. IOM is committed to the principle that humane and orderly migration benefits migrants and society. As an intergovernmental organization, IOM acts with its partners in the international community to: assist in the meeting of operational challenges of migration; advance understanding of migration issues; encourage social and economic development through migration; and uphold the human dignity and well-being of migrants. This report has been produced with financial assistance from the project Protecting Vulnerable Migrants in West and Central Africa financed by the Bureau of Population, Refugees, and Migration (PRM) of the Department of State of the United States Government and implemented by the International Organization for Migration (IOM). The contents of this report are the sole responsibility of the author and can in no way be taken to reflect the views of PRM or IOM. Photo: IOM/Alexander Bee

3 Contents List of tables 7 List of figures 7 List of abbreviations 8 1. Key findings The lack of implementation of national laws and policies 10 The lack of data 11 The rapid evolution of migration patterns 11 The lack of protection mechanisms dedicated to migrants 12 The need for awareness-raising Introduction 2.1. Presentation of the study 13 The project 13 Definition of vulnerable migrants 13 Objectives of the study Methodology 14 Approach 14 Limitations General policy frameworks for migrants and relevant protection components 3.1. National migration-related policies 16 Burkina Faso 16 The Gambia 17 Ghana 18 Senegal 19 Focus: irregular migrants International and regional conventions regarding migration 24 International and regional conventions regarding migrant s human rights 24 Regional integration mechanisms 24 Regional social security conventions Overview of protection systems for vulnerable groups 4.1. National social protection systems 26 Burkina Faso 27 The Gambia 27 Ghana 28 Senegal Child protection systems 29 National child protection systems 29 International instruments 37 Focus child labor in goldmines in Burkina Faso and Senegal 38

4 4.3. Protection systems for women Protection mechanisms for children on the move 5.1. Regional mechanisms 41 The West African Network for Child Protection 41 The African Movement for Children and Young Workers National policies and mechanisms 42 Burkina Faso 42 The Gambia 43 Ghana 45 Senegal 46 Focus street children in Burkina Faso, the Gambia and Senegal Protection mechanisms for victims of trafficking 6.1. International and regional policies 50 International policies 50 Regional policies, laws and institutions National policies, laws and institutions 51 Burkina Faso 53 The Gambia 57 Ghana 60 Focus human trafficking of Ghanaians to Gulf States 66 Senegal Protection mechanisms for vulnerable nationals abroad and returnees Burkina Faso 71 The Gambia 73 Ghana 74 Senegal Asylum seekers, refugees and stateless people 8.1. Asylum seekers and refugees 79 International & regional conventions and policies 79 National policies and mechanisms Statelessness 85 International & regional conventions and policies 85 National policies and mechanisms Conclusion General migration policy frameworks and relevant protection components 88 Overview of protection systems for vulnerable groups 88 Protection mechanisms for children on the move 88 Protection mechanisms for victims of human trafficking 89

5 Protection mechanisms for vulnerable nationals abroad and returnees 89 Asylum-seekers, refugees and stateless people Recommendations Cross-country recommendations Country-specific recommendations Burkina Faso 92 The Gambia 92 Ghana 93 Senegal Annexes List of interviewees References 100 5

6 Acknowledgements This report was prepared by Anne-Sophie Lustin, with the support of Jerôme Helfft and Camille Le Coz from Altai Consulting. The field research was conducted in Burkina Faso, the Gambia and Senegal by Anne-Sophie Lustin and in Ghana by Jerôme Helfft. We wish to thank all the stakeholders who dedicated some of their precious time to provide in-depth inputs on their involvement in the protection of vulnerable migrants in all four countries. Eventually, we are indebted to the IOM teams and heads of mission whose support was critical to make this research a success. Altai Consulting Altai Consulting is a specialist research, monitoring and evaluation firm focused on fragile or developing countries. Altai began operating in 2003 and has since successfully completed over 300 consulting and research assignments in Africa, the Middle East and Central Asia. Altai s migration practice conducts research and provides strategic advisory services to international institutions, governments and aid agen-cies on key aspects of contemporary migration issues. Altai s migration practice conducts research and provides strategic advisory services to international institutions, governments and aid agencies on key aspects of contemporary migration issues. The clients are major international organizations and aid agen-cies looking for both technical expertise and up-to-date empirical data: IOM, UNHCR, ILO, DFID, the NRC, DRC, Save the Children and their local & international implementing partners. For more information, please contact: Eric Davin: edavin@altaiconsulting.com 6

7 List of tables Table 1 Categories of vulnerable migrants 14 Table 2 Social protection actors and policies in the four target countries 26 Table 3 Child protection systems in the four target countries 29 Table 4 Governmental bodies and national policies related to human trafficking in the four target countries 52 Table 5 Governmental bodies and national laws related to refugees in the four target countries 79 Table 6 - List of interviewees by country 97 Table 7 List of references 101 List of figures Figure 1 Migrant stock by origin (Burkina Faso, 2013) 17 Figure 2 Top 5 countries of destination (Burkina Faso, 2013) 17 Figure 3 Migrant stock by origin (the Gambia, 2013) 18 Figure 4 Top 5 countries of destination (the Gambia, 2013) 18 Figure 5 Migrant stock by origin (Ghana, 2013) 19 Figure 6 Top 5 countries of destination (Ghana, 2013) 19 Figure 7 Migrant stock by origin (Senegal, 2013) 20 Figure 8 Top 5 countries of destination (Senegal, 2013) 20 Figure 9 The eight steps of the quality care of children (ECOWAS Support procedures) 42 7

8 List of Abbreviations General abbreviations AVRR Assisted Voluntary Return and Reintegration CSO Civil society organization DRC Danish Refugee Council ECOWAS Economic Community of West African States EUTF European Union Trust Fund HT Human Trafficking ILO International Labor Organization IOM International Organization for Migration MoU Memorandum of Understanding NGO Non-governmental organization PRM United States Bureau of Population, Refugees, and Migration PSS Psychosocial support STC Save the Children ToT Training of trainers UN United Nations UNDP United Nations Development Program UNHCR United Nations High Commissioner for Refugees UNICEF United Nations Children s Fund WAN West African Network for the protection of children Burkina Faso ARSI-World BP CERMID CNVS CONAREF CONASUR DLVE DPHRV DSA GDDHR GDSSS NISD NP PPD TSD The Gambia ANWG CCPC CEDAG CPA CPU DSW IMU NAATIP NYC Association to seek solutions for Migrations in the World Border Police Study and Research Center on International Migration and Development National Committee for Vigilance and Surveillance Against the Trafficking in Persons and Assimilated Practices National Commission for Refugees National Council of emergency relief and rehabilitation Directorate of the fight against child abuse Directorate of the protection against human rights violation Department of Social Action General Directorate for the Defense of Human Rights General Directorate of Sectorial Statistics and Studies National Institute for Statistics and Demography National Police Population Policies Directorate Territorial Security Directorate Adolescent Neighboring Working group Community Child Protection Committee Child and Environment Development Association, Gambia Child Protection Alliance Child Protection Unit(s) Department of Social Welfare Irregular Migration Unit National Agency for the Fight against Trafficking in Persons National Youth Council 8

9 Ghana AGD AHTU AMWCY CMS CPC DSW FTS GHAPEA GIMMA GIS GPS GRB GSS HTMB LD LEAP MCC MGCSP NMP NPA RECFAM RIDEO RSD Senegal BAOS CAPE CNLTP CPDC DPCVG DSA MFA Attorney s General Department Anti-Human Trafficking Unit African Movement of Working Children and Youth Center for Migration Studies Child Protection Compact Department of Social Welfare Free the Slaves Ghana Association of Private Employment Agencies Ghana Integrated Migration Management Approach Ghana Immigration Service Ghana Police Service Ghana Refugee Board Ghana Statistical Services Human Trafficking Management Board Labor Department Livelihood Empowerment Against Poverty Millennium Challenge Corporation Ministry of Gender, Children, and Social Protection Ghana National Migration Policy National Plan of Action Research and Counseling Foundation for African Migrants Returnees Diasporas Integrated Development Organization Refugee Status Determination Welcome Office for Senegalese Abroad Child Protection Support Unit National Unit for the Fight against Trafficking in Persons Child Protection Departmental Committee Directorate for the Protection of Children and Vulnerable Groups Directorate of Senegalese Abroad Ministry of Foreign Affairs and Senegalese Abroad 9

10 Key findings 1 The four West African countries visited for this study, Burkina Faso, the Gambia, Ghana and Senegal, face acute migration-related challenges, including irregular migration and human trafficking (HT). Each needs to provide assistance to vulnerable migrants, returnees or refugees, and therefore the establishment and enforcement of protection mechanisms are of paramount importance. Still, each of the countries presents specific dynamics and challenges. Their location on the migration routes, as well as their size, have a critical impact on the migration dynamics they deal with. They are also at different levels of development, and hence the quality of public service delivery varies. While it is difficult to draw general conclusions for the four countries, it is still possible to highlight some common challenges and good practices to improve the protection of vulnerable migrants. Limitations in the enforcement of national laws and policies Weak implementation In the four countries, interviewees often spoke positively of the laws and policies that were designed at the national level to tackle protection matters or migration-related issues such as HT. The legal framework for migration was often described as strong, adequate or good. According to most stakeholders, the problem lies in its implementation, for two main reasons: lack of resources and political will. Limited coordination between stakeholders Interviewees often mentioned the lack of coordination between stakeholders as a key challenge. These cross-cutting issues are addressed by various Ministries, at various levels (national, regional and local), which means that a variety of actors need to be involved. Without adequate coordination mechanisms between government institutions, authorities and civil society organizations, interventions may overlap or even conflict with one another. In the four countries, a host of coordination mechanisms were identified but many of them were not functioning in practice. Lack of standardized procedures The absence of standardized procedures exacerbates this lack of coordination. In Burkina Faso, for instance, the strategic planning body of the Ministry of Social Affairs (the General Directorate for Statistical and Sectorial Studies) emphasized the need for standardized procedures at the national level. In Senegal, there seem to be more standardized procedures existing and enforced than in other countries. For instance, the ECOWAS Support procedures and standards for the protection of reintegration of vulnerable children on the move and young migrants seem to be widespread in Senegal. Need for stronger expertise To make sure that policies are implemented, the capacity of public institutions needs to be strengthened. Civil society also needs to be involved in these initiatives to ensure change is effected at all levels of society. But the lack of resources available for systematic capacity building makes it difficult to address all the training needs. The lack of data In the four countries, migration and protection experts often mentioned the lack of reliable and comprehensive data as a key issue. In most cases, stakeholders described existing data as incomplete and out-of-date. And where data is available, limited resources are invested into its analysis and the dissemination of the results which should constitute a key part of the policymaking process. Although some migration-related data are, by nature, nearly impossible to gather, further efforts could be made, as a start, to consolidate data which is easier to collect, for instance about regular migration. Burkina Faso In Burkina Faso, the National Institute for Statistics and Demography (NISD) lamented that there has never been a national-level study on key migration issues due to lack of resources. This is especially needed since the last census took place in This problem should be solved by the National Migration Strategy that foresees the creation of a Migration Observatory responsible for migration-related data collection and analysis to inform policy design. 10

11 The Gambia In the Gambia, various Ministries highlighted weaknesses in migration data collection and analysis. Among other actors, the Department of Social Welfare (DSW) explained that data was fragmented and spread across stakeholders (the Police, Ministry of Justice, the DSW). This problem could be solved by building the capacity of the Gambian Institute of Statistics on this specific aspect, as well as other key Departments (such as the Irregular Migration Unit). Ghana In Ghana, there is no systematic collection of data on migration. Data is limited, scattered among various agencies and not reported in a common, coordinated way. Population censuses and surveys carried out by the Ghana Statistical Service or research institutions do not provide adequate data on international migrant profiles and flows or information about irregular migration and labor migration. Interviewees highlighted that data is particularly lacking on human trafficking as Ghana Immigration Service (GIS) and Ghana Police Service (GPS) are not properly equipped to monitor it. Ongoing efforts of the Ghana Integrated Migration Management Approach (GIMMA) program to establish a national migration data sharing framework and to provide training on data collection and analysis should bring about improvements in the migration data system. It is also worth noting that one of the objectives of the Child Protection Compact ( ) is to collect data on and monitor child trafficking. Senegal As with the other three countries, some data is collected but not centralized. The National Unit for the Fight against Human Trafficking (CNLTP) said the lack of data is particularly acute when it comes to human trafficking. For instance, there is lack of data regarding the number of investigations of human trafficking cases in Senegal. To solve the problem, it has initiated a computerized data collection system, which was in the test phase at the time of the fieldwork. The rapid evolution of migration patterns The four countries have witnessed rapid changes in migration patterns. The political instability as well as the security context in the sub-region sometimes lead to sudden movements of populations. As an example, the troubled political transition in the Gambia at the end of 2016 triggered the forced displacements of nearly 76,000 Gambians to Senegal (according to UNHCR). The political situation even outside the sub-region can have an impact on migration patterns. The collapse of institutions in Libya following the Arab Spring made crossing Libyan borders much easier, and this recently shaped migration routes from Sub-Saharan Africa to Europe. For instance, young Gambians used to leave to Europe from the coastal city of Tanji to the Canary Islands (especially between 2005 and 2008), through the transatlantic route, but they now mostly travel through Niger and Libya. These rapid changes in migration patterns require a high level of reactivity among institutions, civil society organizations, and international organizations, to adapt policies, mechanisms and programs, which is not always achieved, due to the lack of resources or political will. For instance, the current context in Libya has led to the return of many stranded migrants to their home country: a pattern to which authorities in countries of origin have been slow to adjust. The lack of protection mechanisms dedicated to migrants For the most part, there are no protection mechanisms dedicated to migrants. Mechanisms for vulnerable migrants usually stem from regular processes for nationals. Yet, migrants have specific needs, which require specific skills (for instance, for the identification of vulnerabilities) and knowledge (for instance, regarding their rights under international conventions and mechanisms). 11

12 Furthermore, existing systems tend to focus on vulnerable groups such as children. As a consequence, adult irregular migrants can be overlooked because they are not regarded as vulnerable, while their status as irregular migrants also puts them at a de facto risk. All this calls for the establishment of dedicated mechanisms and procedures for all categories of vulnerable migrants, and not only for child victims of trafficking as is often the case. The need for awareness raising Migration patterns in West African countries are partly the consequence of strongly-rooted cultural practices. Despite substantial efforts to raise awareness, more sensitization is needed to bring about changes in cultural practices and beliefs that put migrants at risk. In particular, it is necessary to better inform individuals who intent on migrating about the challenges faced by migrants when undertaking that journey and when arriving in countries of destination, and to raise awareness of children s rights and of the need to report abuses. 1 It is important to note that some research has shown that migrants are well aware of risks of the migration process and the reality in destination countries (taking into account family links, cheap/free telecommunications, social media, and so on ) (see, for example, ICAT, Pivoting towards the evidence, Issue Paper (2016): 12

13 Introduction Presentation of the study The project Altai Consulting has been commissioned by the International Organization of Migration (IOM) to conduct a study about protection systems for vulnerable migrants in four Western African countries: Burkina Faso, the Gambia, Ghana and Senegal. This report has been produced with financial assistance from the project Protecting Vulnerable Migrants in West and Central Africa financed by the Bureau of Population, Refugees, and Migration (PRM) of the US Department of State and implemented by the International Organization for Migration (IOM). The project aims to build the capacity of regional institutions, national governments, international organizations and civil society in responding to the needs of vulnerable migrants, combatting trafficking in persons, and collecting migration data. It also aims to strengthen regional coordination and provide technical support to the government so as to establish standardized procedures. Definition of vulnerable migrants Altai focused on the following categories of migrants considered as vulnerable: Type of migrants Stranded migrants Children on the move (accompanied or unaccompanied) Victims of trafficking Definition The term stranded migrant has no generally accepted definition. In practice, migrants become legally stranded when they are caught between removal from the state in which they are physically present, inability to return to their state of nation-ality or former residence, and refusal by any other state to grant them entry. They may also be stranded where there are practical or humanitarian reasons that pre-vent them from returning home. Many of those who become stranded including rejected asylum seekers, migrant workers, or other economic migrants entered a country irregularly, assisted by smugglers or transported by traffickers. 2 Any person that is under 18 and in a country other than his/her country of origin. Unaccompanied children, as defined in Article 1 of the Convention on the Rights of the Child, as those who have been separated from one and/or both parents and other relatives and are not being cared for by an adult who, by law or custom, is responsible for doing so. 3 Trafficking in persons is the exploitation of another person or their work through deception and coercion, often in surroundings unfamiliar to the person exploited. 4 The international legal definition of trafficking describes it as the recruitment, transportation, transfer, harboring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of pay-ments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. 5 In the case of children, the recruitment, transport, transfer, harboring or receipt of a child for the purpose of exploitation shall be considered trafficking even if this does not involve [...] the use of any means of control and coercion. 6 2 IOM / UNHCR / Save the Children, Addressing the challenge of mixed migration: protection and assistance in mixed migration. Training Manual Facilitator Guide. Source: Grant, S, The legal protection of stranded migrants International Migration Law: Developing Paradigms and Key Challenges, Convention on the Rights of a Child: Treatment of Unaccompanied and Separated Children Outside their Country of Origin, General Comment No. 6 (2005) 4 IOM/UNHCR, Protection refugees and other persons in the move in the ECOWAS space, United Nations Convention against Transnational Organized Crime (2000) and its Protocol on Trafficking in Persons (Palermo Protocol) 6 United Nations Convention against Transnational Organized Crime (2000) and its Protocol on Trafficking in Persons (Palermo Protocol) 13

14 Returnees Migrants who have returned to their home country and need assistance to reinte-grate. Some return voluntarily through their own means and some with the assis-tance of IOM (under the Assisted Voluntary Returns project). Others are forced to return, sometimes because they were irregularly in a country and the government organized their deportation. Stateless people A person who is not considered as a national by any State under its law. 7 Asylum seekers and refugees Any person who owing to a well founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opin-ion, is outside the country of his/her nationality and is unable, or owing to such fear, is unwilling to avail himself/herself of the protection of that country. 8 Objectives of the study The study conducted by Altai aimed to: map international, regional and national policies, institutions, and initiatives whose objectives are to protect vulnerable migrants; analyze the current status of implementation of these policies and related mechanisms, their results and the challenges, as well as identify their strengths and weaknesses in protecting all types of vulnerable migrants presented above; produce recommendations on improving the implementation of these policies and the effectiveness of related mechanisms. 2.2 Methodology Approach Altai researchers first reviewed existing reports, laws, policies, guidance documents, and other relevant material. A draft literature review was prepared and sent to IOM Regional Office for West and Central Africa on August 11th, together with an inception report providing details about the research methodology (including the general approach, research tools, and a preliminary list of interviewees). Altai then conducted key informant interviews (KIIs) in each of the four selected countries with stakeholders working in the field of irregular migration, human trafficking, or the protection of vulnerable groups, especially vulnerable migrants. Altai met with institutions involved in the delivery of services, prioritizing those that are directly assisting migrants and, when relevant, those that can extend their scope to assisting migrants. Altai met with the following groups of stakeholders (see Table 2 in Annex for the full list): government authorities working in the field of irregular migration; national agencies responsible for combatting human trafficking; government authorities responsible for social welfare and the protection of vulnerable groups; international governmental organizations working on issues related to irregular migration, human trafficking and the protection of vulnerable groups; international or local non-governmental organizations (NGOs) working on issues related to irregular migration, human trafficking, and the protection of vulnerable groups; 7 UN Convention relating to the status of stateless persons, 1954, Article 1 8 Convention Relating to the Status of Refugees, 1951 (and its 1967 Protocol) 14

15 Altai aimed to conduct a minimum of eight interviews per country but was in the event able to conduct 68 interviews: 20 in Burkina Faso, 17 in the Gambia, 15 in Ghana, and 16 in Senegal. Limitations Although Altai was able to meet with a large number of stakeholders in the four countries, this study remains a rapid scoping exercise. An in-depth assessment would have required spending more time in each country and visiting other locations outside the capital (including cross-border areas). 15

16 General Policy Frameworks for Migrants 3 and Relevant Protection Components Key findings Ghana and Burkina Faso recently adopted a National Migration Strategy, in 2016 and 2017 respectively, while Senegal is about to finalize a strategy, and the Gambia is considering doing the same. This shows there is momentum on the part of Western African countries in developing systemic approaches to migration issues. Several international mechanisms, especially at the Economic Community of West African States (ECOWAS) level, ensure a minimum level of protection for migrants across the region (protection of their rights and social protection), although they relate mostly to migrant workers. Altai focused on national policies and practices regarding irregular migration, as irregular migrants are more likely to be vulnerable. All four countries general apply in practice a tolerant approach towards irregular migrants. But very few protection mechanisms exist at the national level for adult irregular migrants, who are often perceived as adventure seekers. Irregular migrants typically benefit from protection services offered by national institutions in an ad hoc way. CSOs involved in migration issues tend to focus on raising awareness of the risks of irregular migration, instead of the direct delivery of services to migrants National migration-related policies There is currently momentum across most ECOWAS Member States to develop national migration policies, often with the support of international actors. Burkina Faso and Ghana recently adopted a National Migration Strategy, Senegal is about to finalize its strategy, while the Gambia is considering it. This indicates an increased interest among West African countries in developing a concerted approach to migration, as well as the increased politicization of these issues. Burkina Faso Overview Burkina Faso is mainly a country of transit for migrants from the ECOWAS region travelling through Niger towards Europe. Most migrants transit through the country with no intention of staying. To a much lesser extent, Burkina Faso is also a country of destination. According to the UN Burkina Faso Migration Profile, there were around 700,000 migrants in Burkina Faso in 2013, 52% of whom were female 9. The main countries of origin of these migrants were Ivory Coast (80%), Mali (6.5%), Ghana, Togo and Niger United Nations, Burkina Faso Migration Profile, Ibid. 16

17 Figure 1 Migrant stock by origin (Burkina Faso, 2013) Figure 2 Top 5 countries of destination (Burkina Faso, 2013) Migration policy framework Source : United Nations Migration Profile Burkina Faso, 2013 The socio-economic implications of migration as well as the security issues at stake encouraged Burkina Faso to develop a comprehensive approach to migration issues. After a nine-year participative process, and with the support of several international actors such as IOM, United National Population Fund, the UNDP, and the Swiss Cooperation, the National Migration Strategy was finalized in February At the time of the field visit, the adoption decree was about to be signed. The process was coordinated by the Population Policies Directorate (PPD) of the Ministry of Economy, and involved the Ministry of Foreign Affairs (Council of Burkinabés Abroad), the Ministry of Security (Migration Division), the Ministry of Territorial Administration, the Ministry of Economy, the Ministry of Civil Service, the Ministry of Justice, the Ministry of Social Action (including the National Council for Emergency Relief and Rehabilitation CONASUR), as well as various CSOs (such as the Research Centre on International Migrations and Development CERMID, the Association to search for migration solutions ARSI-World, TOCSIN and Alerte Migration). One of the key objectives of the policy, namely Strategic Objective 2, was to enhance the protection and guarantee of migrants rights in Burkina Faso. It aims to do so by informing the population and raising awareness about the provisions governing migration and the dangers of irregular migration, as well as consolidating the mechanisms for implementing agreements and conventions on migration, including asylum and voting rights of migrants. 11 The Gambia Overview There are around 120,000 migrants in the Gambia, according to the 2003 Population and Housing Census 12. At the time, the main countries of origin of migrants were Senegal (50%), Guinea (20%), Guinea-Bissau (8%), Mali, Cameroon, Mauritania, and Nigeria 13. The number of migrants has increased since: according to the Gambia UN Migration Profile, there were around 163,000 migrants in the Gambia in 2013, 51% of whom were women 14. These mostly came from Senegal (62%), Guinea (21%), Guinea-Bissau, Mali and Mauritania 15. According to the Irregular Migration Unit, there is an increasing number of female migrants in the Gambia. 11 ICMPD/FIIAPP, Guide on the use of migration data in Burkina Faso, ICMPD, A survey on Migration policies in West Africa, Gambia Bureau of Statistics, Population and Housing Census, United Nations, The Gambia Migration Profile, Ibid 17

18 Figure 3 Migrant stock by origin (the Gambia, 2013) Figure 4 Top 5 countries of destination (the Gambia, 2013) Source : United Nations Migration Profile the Gambia (2013) Migration policy framework The Gambia does not yet have a National Migration Policy but has undertaken several steps towards it 16. The 1965 Immigration Act provides a legal framework and includes provisions about visas and residence permits, but it does not address the question of irregular migration which has become a major issue for the Gambia. The number of Gambians arriving via the Mediterranean Sea in Europe is very high considering the Gambia s small population (5.4% of arrivals in 2017, as of October 6th 17 ). The previous government had expressed its willingness to tackle migration issues and it had planned to develop a national strategy as stated in the Program for Accelerated Growth and Employment ( ). 18 It is not clear yet whether this initiative will be taken up by the new government. Finally, several stakeholders mentioned the existence of an Inter-Ministerial Migration Committee gathering government authorities and CSOs concerned with Migration Management, whose focal point is the Deputy Permanent Secretary of the Ministry of Interior. The Committee in collaboration with IOM is in the process of developing a national migration policy which should augment the existing policy framework for migration management and address issues related to irregular migration. Ghana Présentation Ghana has substantial population flows and complex patterns of regular and irregular migration. The country has a high unemployment rate, although its developing economy is relatively dynamic compared to other ECOWAS countries. Furthermore, Ghana has enjoyed stability since its transition to democracy in 1992 and therefore attracts many migrants from the region. In 2013, there were about 358,800 migrants living in Ghana, according the 2013 UN Ghana Migration Profile 19. The main countries of origin of migrants were Togo, whose emigrants constitute about 40% of the international migrant stock, followed by Burkina Faso (26%), Nigeria (9%), Benin (5%) and Ivory Coast (3%). 16 ICMPD, A Survey on Migration Policies in West Africa, UNHCR, Mediterranean situation, online: 18 ICMPD, A Survey on Migration Policies in West Africa, Based on United Nations, Department of Economic and Social Affairs, Population Division (2013). Trends in International Migrant Stock: The 2013 Revision (United Nations database, POP/DB/MIG/Stock/Rev.2013). 18

19 Figure 5 Migrant stock by origin (Ghana, 2013) Figure 6 Top 5 countries of destination (Ghana, 2013) Source : United Nations Migration profile Ghana (2013) Migration policy framework Ghana has a comprehensive legal framework that covers all key aspects of migration management and migrant protection. Ghanaian policies and laws are well crafted, precise and, for the most part, aligned with international standards, particularly in the areas of HT and child protection. Some of the migration experts interviewed, however, considered that policies are not necessarily coherent with each other. There are also discrepancies between the national policies and international protocols Ghana has ratified. For instance, the ECOWAS protocol gives equal rights to ECOWAS citizens yet the remit of Ghanaian laws is restricted to Ghanaian citizens. Nevertheless, the 2016 National Migration Policy (NMP) helps to provide coherence to the legal framework on migration. It aims at promoting a comprehensive and sustainable approach to migration management which will enhance the potential of migration for Ghana s development. 20 The NMP formulates objectives and approaches for all aspects of internal, intra-regional and international migration flows, including labor migration, forced displacement, human trafficking, border management, vulnerable groups and so forth. The development of the NMP makes Ghana one of the few African countries with a national policy on migration. The Ghana Integrated Migration Management Approach (GIMMA) implemented by Ghana Immigration Service (GIS) and IOM Ghana is a three-year project ( ), funded by the European Development Fund of the European Union (EU). Its overall objective is to contribute to the Government of Ghana s efforts to manage migration effectively through the establishment of an integrated migration management approach. The project comprises three components: i) capacity building of GIS to better control borders and protect migrants; ii) enabling potential migrants to make informed migration decision; and iii) ensuring migration data is available to inform migration policies. Senegal Overview There are about 44,000 foreigners resident in Senegal according to the 2002 National Population and Housing Census (RGPH), or 126,000 according to the 2001 Senegalese Household Survey (ESAM). According to ICMPD, the ESAM survey is less comprehensive than the RGPH but provides an estimate of all foreigners residing in Senegal for more than one year 21. According to the UN Senegal Migration Profile, there were around 209,000 migrants in Senegal in 2013, 51% of which are women 22. There are important discrepancies regarding the countries of origin of migrants. According to the UN Senegal Migration Profile, the main countries of origin of migrants in 2013 were Mauritania (20%), 20 Ministry of Interior, National Migration Policy for Ghana, ICMPD, A Survey on Migration Policies in West Africa, United Nations, Senegal Migration Profile,

20 Guinea (19%), Mali (12.5%), Guinea-Bissau (11%) and Sierra Leone (5%), while, according to the General Census of Population and Housing, Agriculture and Livestock 2013 (RGPHAE), foreigners in Senegal come mostly from Guinea (47%). According to Caritas PARI, which runs the only shelter dedicated to migrants in Senegal, most migrants come from the Central African Republic, the Democratic Republic of Congo, Ivory Coast, Liberia, Sierra Leone and Guinea. These discrepancies highlight the difficulty to gather reliable data about migration in Senegal. Figure 7 Migrant stock by origin (Senegal, 2013) Figure 8 Top 5 countries of destination (Senegal, 2013) Source : United Nations Migration Profile Senegal (2013) Migration policy framework A law dating from 1971 details the conditions of entry, stay and establishment of foreign nationals. Senegal has also signed bilateral agreements that include immigration provisions with several countries, including France, Gabon, Mauritania, Morocco and Spain 23. A national migration strategy is under development. The process is supervised by the Ministry of Economy, through its Directorate of Development and Human Capital. It receives technical and financial support from the IOM. The approach is participative and includes government authorities, associations, the private sector and researchers. The draft strategy is built on a vision that links migration, governance and development to ensure an efficient governance of migration issues and maximize the benefits of migration for a sustainable development. It is comprehensive as it includes 11 axes dealing with a wide range of migration issues: 1) data collection, 2) the contribution of the diaspora to the development, 3) the reinsertion of returnees, 4) social protection of migrants, 5) promotion of migrants rights, 6) gender and migration, 7) migrants health, 8) prevention and management of natural and human catastrophes, 9) internal migrations, 10) border management, 11) the fight against irregular migration, migrant smuggling and human trafficking. It is worth noting that the final axis includes caring for human trafficking victims and vulnerable migrants. 23 ICMPD, A survey on Migration Policies in West Africa,

21 Focus : Irregular migrants All four countries have a tolerant approach towards irregular migrants, even if they have regulations against irregular stay. As for protection, there are almost no dedicated mechanisms for irregular adult migrants. The officials interviewed actually tended not to consider adult migrants as potentially vulnerable, and sometimes referred to them as seeking adventure. Irregular migrants receive a minimum level of protection from government institutions, generally through the social assistance systems in place for nationals. CSOs involved in migration issues usually do not directly deliver protection services to migrants. They mainly organize awareness-raising activities to make sure potential migrants are aware of the risks associated with irregular migration. Burkina Faso According to a regulation dating from 1967, deportation is foreseen for foreigners who are not in the possession of the requested documents to enter the country, as well as removal from the national territory of those in an irregular situation (art. 8 and 9) and irregular stay exposes the individual to a fine and imprisonment for one to six months (art.11). 24 In practice, the expulsion of foreigners is rare, and as a general rule, a laissez-faire policy is applied 25. The PPD confirmed that no expulsion policy is effectively enforced in Burkina Faso. According to the Border Police (BP), when officers intercept people crossing the border irregularly, they usually ask the driver to take them back (which means, it is possible that migrants try to cross the border another time). Only if required by an investigation, they can be remanded in custody. As for protection mechanisms, migrants who are referred to the Social Affairs Directorate (SAD) are provided with healthcare services, as well as shelter. But while children benefit from comprehensive referral procedures (see Section 5. below), there is no adequate mechanism in place for adult migrants (such as to shelters). The SAD usually contacts their Embassy, and the adult migrants can be hosted in a children transit shelter for a short period of time. They are also sometimes referred to their national communities in the country (for instance, Nigerian women in Bobo-Dioulasso) who may have funding to support them. Several stakeholders also mentioned CONASUR as being the organization to which adult migrants are referred to (GDSSS, Regional Directorate of the SAD). Some are also sent to the IOM for their return home. In the end, no standardized mechanisms exist for the referral of adult irregular migrants. Various local CSOs such as the Centre for Studies and Research on International Migration and Development (CERMID), Alerte Migration, or ARSIM organize awareness-raising activities to inform migrants about the risks of irregular migration, notably through radio programs. Alerte Migration has also organized trainings for journalists and CSOs to sensitize them about migrants rights. The Gambia The Gambian Immigration Department has a special unit dedicated to irregular migration: the Irregular Migration Unit (IMU). Since the transatlantic route through the coastal city of Tanji is not used anymore 24 ICMPD, A survey on Migration Policies in West Africa, Ibid 21

22 by migrants, as it was between 2005 and 2008, the IMU finds it more difficult to undertake concrete actions to monitor and counter irregular flows. The IMU can only intercept unaccompanied minors at official exit points, or people who are obviously about to migrate irregularly (carrying few belongings, moving in groups often comprising a large number of young people). Outside of official exit points, the unit can in principle intercept anyone but it lacks the means to do so. When it comes to the protection of irregular migrants, the IMU said it provides counselling to those it intercepts, and refers them to border station health officers if necessary. Migrants who are referred to the Department of Social Welfare (DSW) can be hosted in shelters while the DSW takes care of family tracing. The focus of the government when it comes to irregular migration is more on prevention through economic empowerment, although it lacks funding to achieve that ambition. The authorities undertake actions to curb irregular migration which target the youth, such as the four-year Youth Empowerment project under the supervision of the Ministry of Youth (ITC implemented), or the National Youth Services Schemes that provides skills training to more than 200 young people a year. Local CSOs in the Gambia also work on economic empowerment as a way to deter young people from migrating irregularly. TANGO, which is a large network of Gambian NGOs, indicated that quite a number of community based organization (not registered as NGOs) (were) working to provide skills to youth, to convince them not to go the back way. Activista supports a few small youth projects: two projects were funded last year to the value of Gambian Dalasi each (around 900 euros). Child fund organizes trainings to provide teenagers with entrepreneurial skills. CSOs also focus on prevention through awareness-raising activities. Activista organizes awareness-raising activities in schools, targeting young people. The NGO explains the risks of irregular migration and its impact on society. To produce its messages, Activista interviews former migrants about their experience. Child fund also organizes awareness-raising activities. Ghana According to the Italian Interior Ministry, 4,431 Ghanaians arrived in Italy by sea in Ghana ranks as the 11th nationality among arrivals. Ghanaian migrants bound for Europe transit through the desert route (through Burkina Faso, Niger and Libya) where many die of thirst and hunger or become victims of robbers. The key push factor for irregular migration is poverty and limited economic prospects in their place of origin. Also, in most instances, these irregular migrants travel because they lack information on and understanding of regular migration opportunities and regulations or as a result of deception. Many of them travel without proper documentation. Overall, Ghana s legal framework covers well the dimensions of control and sanctions of irregular migration, but it falls short on provisions of protection of irregular migrants. The Immigration Act of 2000 (573) and its Legislative Instrument of 2001 (L.I. 1691) contain provisions on who qualifies and the procedures of deportation and conditions of detention of irregular immigrants (Section 21 of the immigration Act: where a person is ordered to be removed from Ghana under this Act, that person may be arrested and detained for such period as may be necessary for making 26 The backway is an expression commonly used in the Gambia to designate the journey undertaken by irregular migrants to reach Europe. 22

23 arrangements for his removal. ). A person subject to removal (by executive order from the Ministry of Interior or court orders) can be detained in any police station or immigration detention area. According to the law, the money or property of a person to be deported may be used in payment of the deportation expenses. It is worth noting that in 2012, Ghana amended the 2000 Ghana Immigration Act (Immigration Amendment Act - Act 848) to criminalize migrant smuggling. The GIS is responsible for countering irregular migration and deporting immigrants without papers. According to the GIS, more than 27,000 irregular immigrants were deported between 2001 and According to interviewees, the number of deportations is decreasing while stakeholders noted that that detention of migrants was currently quite rare. As far as protection is concerned, in addition to the measures against trafficking in persons, the NMP aims to increase the protection of irregular migrants through public awareness and by promot(ing) regional and international policy dialogue on irregular migration. The NMP also contemplates the establishment of anti-migrant smuggling practices between Ghana and its neighboring countries. Thanks to the GIMMA program, a Migration Information Center was established in 2016 in Sunyani (one of the main regions of origin of migrants), in Brong Ahafo, to help potential migrants make informed decisions and to provide them with information on opportunities to migrate regularly. The creation of the Migration Information Bureau in Accra (managed by the GIS) by the government is another significant step. In recent years, the interventions of international agencies (including IOM) and local NGOs have focused on awareness-raising campaigns, capacity building of partners and providing livelihood opportunities to potential migrants. Most of IOM Ghana s efforts to assist voluntary returns have benefited irregular migrants, who could therefore have an alternative to forced return. Senegal A decree (1971) foresees the deportation of foreigners without papers (art. 32 and 33). Expulsion of the ones who have committed a criminal offence or pose a threat to public order is foreseen by both the 1971 decree and the 1971 law. Besides, the 1971 law states that irregular stay is a criminal offence, which exposes the individual to a fine and imprisonment for one month to two years 27. In practice, the expulsion of foreigners is rare 28. This was confirmed by Caritas PARI, who said that irregular migrants are never arrested by the police for the single fact of being without papers. As for protection, there is almost no mechanism dedicated to adult migrants. This is confirmed by a mapping of social protection systems for migrants in transit in Dakar, which was conducted by the NGO CISV International and showed that social protection mechanisms in Dakar are not well organized and much less developed than for children and women. The system seems to rely mostly on the responses of the national communities of migrants. There is no structure dedicated to welcoming migrants apart from Caritas PARI, a shelter for migrants that opened in 1995 in Dakar following the conflict in Liberia and Sierra Leone. The center welcomes 200 to 300 migrants each year. It provides them with counselling and sensitizes them about the risks of the journey and the situation of migrants in Europe. Caritas PARI also helps migrants to find accommodation and distributes food baskets to the most vulnerable (5 000 to CFA) every month. It gives migrants access to medical consultation in dispensaries and provides medicines at a reasonable price. PARI also 27 ICMPD, A survey on Migration policies in West Africa, Ibid. 23

24 refers serious cases to hospitals and pays for treatment. In the field of education, PARI is paying for school materials and tuition fees. It offers vocational trainings to around 50 students in various fields (funded by the Netherlands Embassy). PARI funds around 50 micro-projects per year, up to CFA per project. PARI is also active in the field of voluntary return. It collaborates with IOM for voluntary returns to countries with no common border with Senegal. For bordering countries, PARI pays for bus tickets, gives returnees a small stipend, and supports them through the administrative procedures. Three returns were organized during the first half of PARI also organizes visits to migrants in prison, gives them hygiene kits and provides their families with food kits. Provided PARI manages to gather additional funding, PARI also plans to provide them with more legal counselling International and regional conventions regarding migration Since most of the migrants in the four target countries come from another ECOWAS country, a number of conventions and instruments pertaining to migration have been signed at the ECOWAS level. Some of these policies include components related to the protection of migrants rights or social protection. International and Regional Conventions regarding Migrants Human Rights The reference text for the protection of migrant workers rights is the 1990 United Nations (UN) Convention. That aspect is also dealt with at the ECOWAS level through a non-binding document: the 2008 ECOWAS Common Approach on Migration. The 1990 UN Convention on the Protection of the Rights of All Migrant Workers and Members of their Families has been ratified by Burkina Faso, Ghana and Senegal, and very recently by the Gambia. It aims at ensuring the equality of treatment between migrant and national workers (art. 7) and gives the same rights to both regular and irregular migrants. It covers a large spectrum of rights from civilian and political rights to economic and social rights. The 2008 ECOWAS Common Approach on Migration, 29 a non-binding document which was adopted by the four countries, identifies respect for foreigners human rights as one of its priorities: The rights of migrants, asylum seekers and refugees must be protected. The document reiterates the call to ratify the United Nations Convention on the Protection of the Rights of Migrant Workers and Members of their Families, which, together with the establishment of regional integration mechanisms, is considered one of the main protection mechanisms. Regional Integration Mechanisms In May 1979, the ECOWAS protocol pertaining to the Free Movement of Persons, Residence and Establishment was adopted by ECOWAS member states to enable free movement of ECOWAS citizens. The protocol proposes a three-step roadmap of five years each to achieve freedom of movement of persons, of which the first two steps namely, the right of visa-free entry granted by the ECOWAS travel certificate and the right of residency granted by the ECOWAS residency card or permit have been fully implemented. Regarding expulsions, article 11 of the 1979 protocol defers to national sovereignty on that matter. It is noted that in case of expulsion the security of the citizen concerned as well as that of his family shall be guaranteed and his property protected and returned to him ( ). The 1986 Supplementary Protocol grants Member States the right to expel 29 Approche Commune de la CEDEAO sur les Migrations,

25 individual ECOWAS citizens in accordance with the laws of the host Member State (Article 14). The grounds for expulsion ( ) range from the threat to public order and criminal behavior (in Benin, Burkina Faso, Niger, Senegal, and Sierra Leone) to violation of immigration rules (in Ghana, Guinea, Ivory Coast, Liberia, and Mali). 30 The West African Economic and Monetary Union (Union Economique et Monétaire Ouest Africaine UEMOA) is a sub-regional treaty created in January 1994 between West African countries that share the CFA franc as their currency (Benin, Burkina Faso, Ivory Coast, Mali, Niger, Senegal and Togo). In 1997, Guinea-Bissau joined the Union and became the eighth member state. The UEOMA was established to create a common market among the member states, based on the free circulation of persons, goods, services, and capital and to promote harmonized external tariff and market policies. The UEMOA grants to member state citizens the freedom of movement, residence and establishment of self-employed or salaried persons within the Union. The right of establishment is subject to a few restrictions notably regarding access to public employment and security or public health matters. Regional Social Security Conventions In 1993, the ECOWAS adopted the General Convention on Social Security 31 to ensure the equality of treatment for cross-border workers and the preservation of their social security rights when living abroad. Elaborated with the assistance of the International Labor Organization (ILO), this multilateral agreement synthesized member states social security systems and replaces all previous social security agreements concluded between ECOWAS member states. The Convention guarantees the equality of treatment between national and non-national workers under national social security legislation. A Committee of Experts was established under the agreement: it is not only entrusted with the fostering of cooperation between member states in the field of social security, but also with the provision of direct assistance to migrants, especially regarding the legal protection mechanisms available to them in their host country. Another regional convention, the Inter-African Social Security Convention (CIPRES), which recognizes the principle of equal treatment, was ratified only by Burkina Faso among the four target countries, and signed but not ratified by Senegal. 30 ICMPD, A survey on Migration Policies in West Africa, ECOWAS, General Convention on Social Security,

26 Overview of Protection Systems 4 for Vulnerable Groups Key findings An overview of mechanisms for vulnerable groups is essential as there is no specific protection mechanism for migrants. Laws and policies related to urgent protection usually apply to both nationals and foreigners. The needs of migrants are addressed through public services, i.e., services provided to nationals, which migrants often access in an ad-hoc way without standardized procedures (except for children). Protection mechanisms for vulnerable groups lie in the hands of government authorities and most countries have set up national social protection policies. All four countries seem to have given priority to children in their national protection systems. Due to the lack of resources, governments tend to rely on civil society organizations for the delivery of services to children. Various institutions and bodies are dedicated to the specific protection needs of women. NGOs and local CSOs play an important role in this field National social protection systems The four countries have established national social protection policies, which they try to enforce usually with the support of NGOs and other local organizations. Table 2 Social protection actors and policies in the four target countries Country Main governmental stakeholders National policies Burkina Faso Gambie Ghana Sénégal Ministry of Women, National Solidarity and Family, Department of Social Action Ministry of Health and Social Welfare, De-partment of Social Welfare Ministry of Gender, Children and Social Protection, Department of Social Welfare Ministry of Health and Social Action, General Directorate of Social Action Ministry of Women, Family and Gender National Social Action Policy (2007) National Social Protection Policy (2012) National Social Protection Policy ( ) National Social Protection Policy 2015 National Social Protection Strategy (2007) and revised in 2012 National Strategy for Social Protection and Risk Management (2005) Ministry of Good Governance and Child Protection, Directorate for the protection of children and vulnerable groups 26

27 Burkina Faso Burkina Faso has developed comprehensive social protection policies and set up dedicated institutions. The enforcement of these policies is challenging as the country lacks funding. Burkina Faso has had a Ministry dedicated to social action since 1994, known today as the Ministry of Women, National Solidarity and Family. It includes a number of structures dedicated to socio-professional reintegration of vulnerable persons (notably through training centers) or prevention and management of social risks (CONASUR, National Solidarity Fund). In 2000, Burkina Faso designed a Strategic Framework for the Fight against Poverty that aims as one of its four objectives to guarantee the access of the poor to basic social services and to social protection. Under this framework, the Ministry of Women, National Solidarity and Family elaborated a National Social Action Policy (2007), which defines political orientations and priorities regarding social action. It is worth noting that this policy refers, in its analysis of the social action sector, to the difficulties related to the socio-economic insertion of displaced, migrant and refugee families and recognized that these populations are vulnerable social groups. One of its axes was to strengthen social action s institutional capacities, notably by using the opportunity of decentralization to bring social action closer to users, especially as the 2000 Strategic framework for the fight against poverty had underlined the regional disparities in access to basic social services. In practice, social assistance in Burkina Faso is organized in a decentralized way. The Department of Social Action (DSA) comprises 13 regional directorates, 45 provincial directorates, as well as departmental directorates. This organization allows direct contact with the target population. However, some stakeholders noted that the distribution of DSA offices across the territory still left behind villages too remote to benefit from public services. A National Social Protection Policy was also adopted in 2012, together with its first Plan of Action ( ). This document drew up a list of challenges related to social protection in Burkina Faso, such as the lack of funding for social protection programs and the lack of coordination between programs. The Policy aims at improving social transfer mechanisms for the most vulnerable persons and improving access of the most vulnerable groups to basic social services. It is worth noting that among the priority actions mentioned by the Policy, one can find the improvement of working conditions of migrant workers. The Gambia The Gambia has a Directorate dedicated to the protection of vulnerable groups, but has not had a social protection policy until recently. Social assistance in the Gambia falls under the authority of the Ministry of Health and Social Welfare and lies in the hands of the Department of Social Welfare (DSW), whose role is to protect vulnerable groups. It is organized into three departments: childcare (including for children on the move); adults and the elderly; and people with disabilities. The directorate is represented countrywide by regional offices. At both national and regional level, there are 30 trained professional social workers working for the DSW. In addition, 600 persons are working with the DSW as members of the community child protection committees 32 (they are involved in advocacy, sensitization, family tracing, follow-up on reintegration). The Gambia recently adopted a National Social Protection Policy ( ), along with a National Social Protection Implementation Plan ( ). Its long-term vision is to establish, by 2035, an inclusive, integrated and comprehensive social protection system that will effectively provide protective, preventative, promotive and transformative measures to safeguard the lives of all poor and vulnerable groups in the Gambia and contribute to 32 According to the DSW. 27

28 broader human development, greater economic productivity and inclusive growth. It is worth noting that refugees and migrants are mentioned by the policy as among the priority target groups. The Policy is considered a commendable document by the DSW, but the challenge lies in its implementation. Ghana The protection systems in Ghana rest with the Department of Social Welfare (DSW), within the Ministry of Gender, Children and Social Protection (MGCSP). The MGCSP developed a National Social Protection Strategy in 2007, which was revised in The policy aims at improving the well-being of Ghanaians through social assistance, social and productive inclusion, social services and social insurance. It is worth noting that the policy considers migrants as one of the groups which can be considered economically at risk. The policy intends to protect labor rights and promote safe and secure environments of all workers, including migrant workers. The Labour Intensive Public Works (LIPW) programme is dealing with the social protection of migrants. Social protection is also dealt with by the Child and Family Welfare policy. The Department of Social Welfare shall be responsible for maximizing use of social protection interventions to address child and family welfare concerns. The Child and Family Welfare Policy does not explicitly refer to migrants but encompasses child trafficking. Senegal Two ministries share the responsibility over social protection of vulnerable groups in Senegal: the Ministry of Health and Social Action, and the Ministry of Good Governance and Child Protection that deals mostly with the protection of children. Senegal has a National Strategy of Social Protection since The Ministry of Health and Social Action comprises a General Directorate of Social Action which is responsible for the promotion of the economic and social insertion of disadvantaged social groups, and the promotion and protection of various groups, such as the elderly and people with disabilities. The Ministry of Good Governance and Child Protection, deals with the protection of vulnerable groups through the Directorate for the protection of children and vulnerable groups. The Directorate focuses mostly on child protection. The Directorate was under the responsibility of the Ministry of Women, Family and Gender until September 2017, when the Ministry of Good Governance and Child Protection was created. This shows to a certain extent that the government considers child protection to be a priority. Since 2005, Senegal has been equipped with a National Strategy for Social Protection and Risk Management. This Strategy aimed at designing a global and concerted approach to social protection to allow better access of vulnerable groups to social protection systems. It is interesting to note that the Strategy does not mention migrants as a target group. 28

29 4.2. Child protection systems National child protection systems All four countries seem to have given priority to children in their national protection systems. They have developed comprehensive policies and detailed mechanisms for the protection of children. However, due to the lack of human and financial resources, governments often rely on NGOs and local CSOs for the actual delivery of services. Traditional and community protection mechanisms also continue to play an important role, which underlines the limits of formal social protection systems. Table 3 Child protection systems in the four target countries Country Main governmental stakeholders Main laws and policies Coordination bodies Burkina Faso Ministry of Women, National Solidarity and Family, Department of social action; Directorate for the fight against child abuse Ministry of Justice, General Directorate for the Defense of Human Rights, Directorate of protection against human rights abuse Ministry of Security, Child protection unit Law for the protection of children in conflict with the law or in danger (2014) Law for the repression of the sale of children, child prostitution and child pornography (2014) Under construction: Child Protection Code; Child Protection system National Working Group for Child protection Under construction: provincial child protection committees Gambie Ministry of Health and Social Welfare, Department of Social Welfare Child protection units, notably within the Gambian Police Force and the Immigration Department Children Act (2005) Child Protection Strategy ( ) and its plan of action ( ) National Child Protection Committee Regional Child Protection Committees Community Child Protection Committees Adolescent Neighboring Working Groups Ghana Ministry of Gender, Children and Social Protection, Department of Social Welfare Ministry of Employment and Labor Relations, Child Labor Unit Children Act (1998) Child and Family Welfare Policy (2014) Justice for children policy (2015) National Plan of Action for the Elimination of (2017) Child Protection Advisory Committee Community Child Protection Committees Under construction: Child Protection Policy Framework 29

30 Senegal Ministry of Good Governance and Child Protection, Directorate for the protection of children and vulnerable groups Presidency, National Body for the Support of Child Protection (CAPE) National Child Protection Strategy (2013) and its plans of action Under construction: Children Code; Independent Agency for the Defense of Children Inter-sectoral Committee of Child Protection and its intercommission National Executive Secretariat of Child Protection Child Protection Departmental Committees Child Protection Committees at the village / district level Burkina Faso Burkina Faso has undertaken to fill policy gaps regarding child protection and is currently developing a comprehensive child protection system with the support of UNICEF and Save the Children. Protection mechanisms in place for Burkinabé children can also benefit children on the move in an ad hoc way. Main governmental stakeholders The main government actors involved in child protection are: the Ministry of Women, National Solidarity and Family: national, regional and provincial social action structures; the Directorate of the fight against child abuse. the Ministry of Justice: the Directorate of protection against human rights abuse within the General Directorate for the defense of human rights the Ministry of Security, which has a unit dedicated to child protection. Legal and policy framework Reference texts regarding child protection in Burkina Faso include: The 2014 law for the protection of the child in conflict with the law or in danger; The 2014 law for the repression of sale of children, child prostitution and child pornography. According to some interviewees, there is a lack of awareness regarding these two laws. Furthermore, there is no comprehensive law covering child protection, although the government has elaborated a draft Child Protection Code. It is also worth noting that there is no specific law about children on the move (the law against human trafficking mentioned below relates only to children victims of human trafficking), although a tripartite agreement between Benin, Burkina Faso and Togo, is currently in discussion regarding children on the move (see Section 6.2). Burkina Faso is currently developing a comprehensive child protection system with the technical support of UNICEF and Save the Children. It aims to address all child protection issues in a systemic way, including children in conflict with the law, children victims of abuse, street children, child labor, and some practices such as early marriage and excision. Related mechanisms A National Working Group for child protection was created in It gathers government actors, international organizations and NGOs, and aims at coordinating efforts to support the implementation of the child protection system. It meets every month. It was described as a very useful coordination body by UNICEF since it facilitates information sharing. 30

31 The Directorate for the Fight against Child Abuse is in the process of establishing a network for the protection of children in the provinces. It previously set up 11 new structures in addition to the 19 already existing. As the country is divided into 45 administrative provinces, it means that 15 structures still need to be established. These structures encompass the local sections of relevant Ministries (Health, Social Affairs, Security, Justice and Education) as well as local CSOs and NGOs working in the field. It is worth mentioning in that regard that, according to one of the interviewees, the process of decentralization is not complete in Burkina Faso i.e., that central resources did not always accompany the delegation of responsibility to the local level, which has negative consequences for child protection systems. A rehabilitation shelter for children in conflict with the law opened in 2015: the Centre for the Reinsertion of Minors in Conflict with the Law (CERMICOL). It still stands at an experimental stage. In the shelter, up to 40 children are provided with psychosocial support, and offered reinsertion activities. Hence, the response is limited when compared to the needs. Some CSOs are also involved in the delivery of protection services for vulnerable children to fill these gaps, such as Keeogo, which provides healthcare services and psychosocial support, thanks to its medical center in Ouagadougou or in collaboration with public medical centers. The association also conducts awareness and reinsertion activities. Gaps No comprehensive law about child protection as of now; Only one government shelter for children in conflict with the law / in danger, which is not adapted to the specific needs of children on the move Need to reduce regional disparities in terms of access to protection mechanisms The Gambia The Gambia has recently adopted a comprehensive Child Protection Strategy to set up a child protection system relying both on formal and community-based structures. It will notably rely on existing child protection committees at the regional and local level. Main governmental stakeholders The Department of Social Welfare (DSW), as the main government institution responsible for the protection of vulnerable groups; Child Protection Units, notably within the Gambian Police Force, which refer cases to the DSW. Legal and policy framework A comprehensive Children Act was adopted in The Gambia recently launched a Child Protection Strategy ( ) as well as Plan of action ( ) that involves several Ministries such as Justice, Health and Social Welfare, the police and others, as well as civil society organizations. The process is supported by UNICEF and civil society organizations such as Child Fund and the Child Protection Alliance (CPA). Based on a mapping of child protection systems and a capacity assessment of the DSW carried out in 2013 by the government, with the support of UNICEF, the Strategy provides a systematic approach to addressing children s needs. The plan of action describes six strategic objectives, of which certain activities are worth highlighting Promote the right to protection, through awareness-raising and knowledge-sharing; 2. Strengthen the legal framework, notably by identifying and addressing gaps, by developing standards and by 33 The Gambia Child Protection Costed Plan of Action ( ). 31

32 conducting advocacy work; 3. Bring about effective coordination and collaboration, notably by operationalizing the Child Protection sub-committee as the coordinating body for all child protection actors and by establishing procedures to coordinate case management; 4. Develop human capacity and ensure financial resources, notably through the recruitment and training of social workers (although in a limited number) and advocacy to raise the amount of funding allocated to child protection; 5. Expand preventive and protective services, notably by developing a plan to acquire resources for expansion of services, and by improving coverage; 6. Create the necessary knowledge and information, notably by designing child protection indicators and M&E standards. A positive aspect of the plan of action is that it engages a vast array of actors (governmental stakeholders at the national and local level, NGOs). However, it is worth noting that none of the planned activities is dedicated to children on the move (although they could fall under the vulnerable children or children at risk categories mentioned in Strategic Objective 5 of the plan of action). Both documents are considered as comprehensive and a step in the right direction, but their implementation has been delayed due to the lack of resources. It is also worth noting that other laws and plans of action cover the protection of children in the Gambia such as the 2007 Anti-human trafficking law and the National Plan of Action against Human Trafficking ( , see Section 6.). Related mechanisms The Gambian child protection system relies on a National Child Protection Committee, as well regional committees. They are technically and financially supported by Child Fund. At the local level, in villages and districts, around 80 Community Child Protection Committees (CCPCs) were progressively established, either by the Department of Social Welfare, the Institute for Social reformation and action, Child Fund, or the Child Protection Alliance, with the support of UNICEF. Membership of these bodies includes traditional leaders, teachers, child representatives and health workers. Their missions include vigilance and early warning, and referrals. They raise awareness of child protection issues among communities, and as the first point of call at the community level, they refer cases to formal institutions. Six Adolescent Neighboring Working groups were also created in key tourism areas to respond to the issue of child sex tourism. The CCPCs and ANWG allow a local approach to child protection by engaging local actors and conducting awareness activities that reach them. But their effectiveness largely varies from one committee to another. As these committees rely on donors funding, many are found to be dormant. Furthermore, committees members lack trainings about child protection issues and mechanisms. The DSW refers children to a government-run shelter in Bakoteh (located close to Banjul), which opened in Bakoteh is a temporary shelter for abandoned children, run-away children, victims of forced marriage, pregnant teenagers, and victims of gender-based violence and human trafficking. According to Bakoteh management, it can host up to 100 children. In 2016, the center hosted 189 children, among which the main categories represented were child vendors (69), children on the move (40), abandoned babies (20), and children at risk (18). It also accommodates a few elderly people. The shelter has seven social workers, and a clinic that undertakes medical assessments but refers most cases to hospitals as it lacks capacities. The shelter is equipped with a hotline, which is however not fully operational. The shelter, which is in poor condition, lacks trained personnel and equipment. 32

33 Civil society organizations are also very much involved in child protection. The Child Protection Alliance (CPA) notably organizes meetings gathering child protection organizations to share information about CSOs interventions, avoid overlaps, and ensure that CSOs interventions are in line with the Child Protection Strategy. The CPA is running advocacy campaigns on children rights and plays a significant role in influencing positive changes. It also conducts awareness-raising activities, research (for instance about corporal punishment or children with disabilities) and capacity-building activities (such as training of health workers, teachers, and police officers). Gaps Need to improve the capacities of existing CCPCs across the country as most of them are not functional, as well as to standardize CCPCs procedures Lack of coordination between stakeholders involved in child protection Lack of reliable data on child protection issues Lack of reporting of child abuse because of social stigma and the existence of harmful traditional practices; Lack of adequate equipment and facilities: limited capacity of the Bakoteh shelter, no dedicated means of transportation within child protection units; no dedicated space for interviews with children at the Gambian Police Force Child protection unit. Ghana Child protection in Ghana relies on the recently launched Child and Family Welfare Policy and the Justice for Children Policy, as well as on several plans of action related to specific child protection issues. As in the other countries, the community approach is key in the child protection system in Ghana. Main stakeholders The primary responsibility for the delivery of child and family welfare services rests with the Department of Social Welfare (DSW) which belongs to the Ministry of Gender, Children, and Social Protection (MGCSP). The DSW provides shelter for vulnerable children, administers juvenile justice, and carries out programs to fight against child labor, in collaboration with the Ministry of Employment and Labour Relations. The MGCSP will lead and coordinate the implementation of the Child and Family Welfare Policy as the technical lead ministry. The GPS investigates, arrests and prosecutes cases related to the worst forms of child labor. The GPS Domestic Violence and Victims Support Unit as well as its Anti-Human Trafficking Unit (AHTU) investigate cases and provide, to a very limited extent, support to victims. Through its Child Labor Unit, the Ministry of Employment and Labor Relations enforces child labor laws and oversees child protection committees at the district level. Through District Assemblies, the Ministry is able to investigate child labor violations in the informal sector. The Ministry of Justice s Office of the Attorney General is in charge of prosecuting child labor and child trafficking crimes. As the ability to prosecute has been delegated to law enforcement entities (GPS and GIS), the Attorney General s Office advises them on prosecutions strategies. At the community level, Community Child Protection Committees (which are made up of respected community members) receive complaints of child abuse and child labor violations at the district level and report cases to the GPS or DSW. In 2016, Community Child Protection Committees could be found in 600 communities. The government, and in particular the DSW, relies on national or community-based civil-society organizations (Such as Challenging Heights or Free the Slaves) to play an important role in preventing all forms of child abuse and exploitation, providing child protection and care of victims. In addition, in Ghana, the Department of Community Development of the Ministry of Local Government and Rural Development is leading the prevention work on child protection with support from several many Government and Non-Government including DSW, NCCE, 33

34 Challenging Heights, WVI, Plan Ghana, INGH, Action Aid, IOM with support from UNICEF. Legal and policy framework The cornerstone of the Ghanaian national child protection law is the Children s Act of 1998 (Act 560), which grants children rights, contains provisions on maintenance and adoption and regulates child labor and apprenticeship. Laws on child labor were also supplemented by provisions of the 2003 Labor Act (Act 651), while the Human Trafficking Act of 2005 (Act 694) adds provisions to combat child trafficking. Ghana has continued to make important progress in strengthening its national legal framework for child protection, and is endowed with national laws covering comprehensively both children in need of protection and juvenile justice. However, until the Child and Family Welfare Policy was launched in 2014, Ghana did not have a clear national policy framework for child and family welfare services. The Child and Family Welfare Policy aims to establish a wellstructured and coordinated Child and Family Welfare system that promotes the wellbeing of children, prevents abuse and protect children from harm. The overall goal of the Policy is to help formulate child and family welfare programmes and activities to more effectively prevent and protect children from all forms of violence, abuse, neglect and exploitation. It has key guiding principles: non-discrimination, best interests of the child, right to survival and development, and the right to be heard. The Child and Family Welfare Policy shall be implemented focusing on the following approaches: More effectively prevent and protect children from all forms of violence, abuse, neglect and exploitation by strengthening community structure; Regular inter-ministerial coordination; Empower children and their families to better understand abusive situations by involving children and youth in addressing child protection issues and families in community dialogue; Capacity building of service providers Amendments to the 1998 Children s Act to facilitate the achievements of the objectives of the policy. UNICEF Ghana is supporting the creation of a new national Child Protection Policy Framework, based on a partnership between formal systems and communities in protecting children, to reduce the gap between laws and practices. The MGCSP has created a Child Protection Advisory Committee (where, among others, relevant ministries and CSOs are represented) to guide the development of the national Child Protection Policy. Related mechanisms The second phase of implementation of the National Plan of Action Phase II (NPA 2) for the Elimination of the Worst Forms of Child Labor ( ) is underway. With the support of UNICEF, the MGCSP has launched in November 2016 the National Strategic Framework for Child Marriage ( ). The National Plan of Action for the Elimination of Human Trafficking ( ) was also launched. The government also signed a 5-year partnership with the United States government: the Child Protection Compact (CPC) to bolster efforts to address child trafficking and forced child labor (see Section 6.2). To improve the rate of birth certification, the Ministry of Local Government and Rural Development, with support from UNICEF, has transitioned from manual birth registration to an automated process. Finally, the Livelihood Empowerment Against Poverty (LEAP) program, managed by the Social Protection Unit of the MoGCSP, provides cash grants to poor households with orphans and vulnerable children provided that children attend school and are vaccinated. In 2016, LEAP was expanded to 28 new districts. 34

35 Gaps The inadequate resources of all government agencies involved in child protection is the key explanation of the gaps between the laws and their implementation. According to UNICEF 34, there is a marked disconnect between law and practice and the persistence of traditional approaches used in dealing with child and family issues. The analysis of the child protection system mapping conducted by UNICEF in 2010 revealed that Ghanaian families themselves perceive that the key factor that can put children at risk or make them unsafe was poor parenting. Despite the considerable efforts that have been deployed in awareness campaigns in the recent years, there is still a lot of improvement to achieve by educating families. Senegal A National Child Protection Strategy was recently launched by Senegal. Like in other countries, the cornerstones of the child protection system in Senegal lies at the decentralized level. Main governmental stakeholders Among the main government authorities in charge of child protection in Senegal are: The Directorate for the Protection of Children and Vulnerable Groups (DPCVG) of the Ministry of Good Governance and Child Protection; The National Body for the Support of Child Protection (CAPE) was created in 2008 under the supervision of the Presidency with the objective of strengthening coordination between interventions and equipping Senegal with a national child protection policy. Its mission includes: advocacy to improve the legal framework, coordination, technical support to Ministries and CSOs to build their capacities in the field of child protection, and sensitization of media (such as trainings of journalists and a media award on children s rights). Legal and policy framework In 2011, UNICEF, Save the Children, CAPE and the Ministry of Women, Family and Gender conducted a study that showed that the categorical and thematic approach adopted by Senegal in the field of protection was not suitable, mainly due to a lack of harmonization. On this basis, a National Child Protection Strategy (2013) was designed. The process was coordinated by the DPCVG, with the participation of CAPE, and the support of UNICEF and Save the Children. The strategy is built on two objectives: 1) the creation of a national integrated system for child protection based on a solid knowledge base and reporting tools; 2) sensitization to change behaviors towards child protection in a sustainable and durable way. It is based on 7 principles: the best interests of the child, child participation, non-discrimination, gradual diversion, the right to life, to the best development opportunities and to protection against violence, the responsibility of institutions, and national solidarity. The Ministry of Family coordinates its enforcement. The first plan of action ( ) was partly executed (12% of its projected cost) 35. It is worth noting that the existence of minimum standards for the care of vulnerable children is mentioned by the Government as one of the strengths of the implementation of the first plan of action 36. The second plan of action ( ) is currently being implemented. 34 UNICEF, Report of the Mapping and Analysis of Ghana s Child Protection System, National Strategy of Child Protection Plan of action s implementation assessment summary 36 Ibid 35

36 In addition, a Children Code is under development. The draft code addresses the issues of children begging, domestic work, and human trafficking. There are plans also for the creation of an Independent Agency for the Defense of Children: a draft bill is currently awaiting approval at the Ministers Council. Related mechanisms The National Child Protection Strategy led to the creation of the Inter-sectoral Committee of Child Protection, chaired by the Prime Minister, whose Executive Secretariat, created in 2016, is run by the Ministry of Family. According to the Strategy, this committee, which assumes principal responsibility for child protection actions, should play an essential role in coordination, vigilance and evaluation of the Strategy s implementation. The committee hosts four technical committees, each dedicated to one thematic area (prevention, case processing, children rights promotion, and communication and partnerships). An inter-commission body informally brings together these four technical committees. But the cornerstone of the child protection system in Senegal lies at the decentralized level, via the Child Protection Departmental Committee (CPDCs), chaired by the prefect. Their establishment was supported by UNICEF and Save the Children. They are now recognized by the authorities and mentioned in the National Protection Strategy. These committees gather all the decentralized services dealing with protection (social affairs, education, health, security) as well as relevant civil society organizations, and community actors. CPDCs are responsible for case management and referrals. CPDCs meet regularly (once or twice a month, sometimes for emergencies). CPDCs reportedly work well, with some more effective than others. As an example, the CPDC located in Pikine / Guédiwaye is known as particularly dynamic. As there are CPDCs in 39 of the 45 Senegalese Departments, CAPE is currently supporting the creation of additional CPDCs, with the aim of having one committee per department before the end of the year. When dealing with children on the move, CPDCs follow the ECOWAS Support procedures and standards for the protection of reintegration of vulnerable children on the move and young migrants. CPDCs are supported by community-based protection mechanisms, thanks to the Child Protection Committees at the village/district level. Their missions include surveillance, monitoring and sensitization. Their role is particularly important when it comes to the protection of children on the move as they do reporting on suspicious movements, prevention of risky departures and sensitization about the necessity of having travel documents. They do refer cases to CPDCs. UNICEF has supported Senegal for four years on implementing a national protection system by supporting the creation of CPDCs since 2012 and building stakeholders capacities (social workers, community actors, security and defense forces). UNICEF is also working to change practices that lead to violations of children rights, as well as to design a data collection system. Save the Children (STC) also contributes to the protection system: it participated in the design of the national protection strategy, and is leading prevention activities and trainings for CSOs, police and defense forces. STC is also involved in case management and advocacy. Civil society organizations are also active and have established the Working Group Civil Society - Technical and Financial Partners on Child Protection, at the instigation of UNICEF and STC. Among the organizations particularly involved in child protection are Samu Social (which is currently working on a document about the various forms of violence against children to present to the President), Unies vers elle (which runs a shelter for children), CONAFE (which is doing sensitization activities around children rights and protection, targeting civil society and social workers). 36

37 Gaps Lack of resources to implement the National Strategy of child protection. No CPDC in every department. In general, lack of human and logistic resources at the decentralized level. Lack of funds in some CPDCs; Lack of coordination: the intersectoral committee on child protection is not functional and has met only once, even if the inter-commission on CP meets regularly at the technical level. Gaps in data collection systems International instruments Several comprehensive conventions have been adopted both at the international and regional level to ensure the protection of children s rights. International conventions and mechanisms the 1990 United Nations (UN) Convention on the Rights of the Child was signed and ratified by all four countries in The Optional Protocol to the Convention on the Sale of Children, Child Prostitution and Child Pornography (2000) was signed and ratified by Burkina Faso, the Gambia and Senegal. Ghana signed the protocol but did not ratify it. Compliance is monitored by the UN Committee on the Rights of Child. the African Charter on the Rights and Welfare of the Child was signed and ratified by all four countries: it was ratified by Burkina Faso in 1992, by Senegal in 1998, by the Gambia in 2000 and by Ghana in The African Committee of Experts on the Rights and Welfare of the Child acts as a follow-up body for this convention. ILO Conventions regarding children, such as ILO Convention n 182 on the Worst Forms of Child Labor, which is enforced by all four countries. The ECOWAS Child Policy (2008) which is currently being revised. In addition, a strategic framework to strengthen national child protection systems was adopted in October 2017 at the ECOWAS level. It focuses on five themes: sexual, physical and emotional abuse against children, child marriage, child labor, birth registration and children on the move. At the regional level, the ECOWAS Committee on Human Rights and Protection of the Child and other vulnerable groups was created to achieve the following objectives: Recognition, promotion and protection of human and people s rights in accordance with the provisions of the African Charter on Human and People s Rights; Promotion and protection of children s rights; Information policy and studies on women and children; Monitoring the implementation of international agreements and conventions on human and children s rights (United Nations, ILO, African Charter on Human and peoples Rights); Elimination of all forms of discrimination against women, including customary practices; Reinforcing the provisions on child labor and trafficking; Development of appropriate measures for the protection of the child and other vulnerable groups. 37

38 Compliance of legal frameworks The follow-up of international conventions lies in the hands of various institutions across countries. For instance, the Support Unit to Child Protection (CAPE) conducted a study about the compliance of the Senegalese legal framework to the relevant international conventions the country ratified (UN Convention, African Union Convention and ILO Conventions). According to the CAPE, overall the legislation is compliant with these conventions, but some efforts still need to be made in regard to the definition of the child, protection against early marriages, minors in conflict with the law, the repression of child abuse. Civil society organizations are involved in writing complementary follow-up reports. For instance, in the Gambia, the Child Protection Alliance (CPA), wrote a complementary report for the UN Committee on the Rights of Child in Focus on child labor in gold mines in Burkina Faso and Senegal International and regional policies The 2013 ECOWAS Regional Action Plan on Child Labor aimed to eliminate the worst forms of child labor in West Africa by 2015, while laying foundations for the complete elimination of child labor. The International Labor Organization adopted two conventions about child labor: Convention 138 (minimum age) and 182 (worst forms of child labor). National mechanisms Burkina Faso Overview: In Burkina Faso, many children are working in goldmines (around 600,000 to 700,000 according to the government although no national study was ever conducted). According to UNICEF, most of the children working in these goldmines are Burkinabés, sometimes victims of internal human trafficking. Burkinabé children also happen to be victims of international human trafficking to be sent to goldmines abroad in Senegal, Guinea and Mali. Legal and policy framework: A decree was adopted in June 2015 which forbids access of children to goldmines from June to October as this period is particularly dangerous. Liability lies with the gold prospectors: if they hire children, their exploitation permit can be withdrawn. Industrial mines usually comply with the law; however, this is often not the case for artisanal mines. A roadmap for labor in goldmines ( ) was adopted in August It includes aspects related to prevention (sensitization of teachers, goldmines managers, students, villages chiefs), withdrawal (700,000 children to be withdrawn), reinsertion (professional training, school) and prosecution (up to five years in prison, fine from 5,000,000 to 25,000,000 CFA). Related mechanisms and state of implementation: The Directorate for the Fight against Child Abuse worked with UNICEF on a project covering five regions between 2009 and It led to the withdrawal of 26,000 children from the goldmines. Most of the children were sent to school or offered professional training. The Ministry of Women, National Solidarity and Family provide them assistance. It was considered as a success by the government. However, some CSOs observed that the alternative offered by the State to these children was sometimes not satisfactory or well-adapted. 38

39 Regarding the roadmap for labor in goldmines, the Center-North was chosen to be the pilot region. At the time of the fieldwork phase, 41 children had already been withdrawn from goldmines in that area. At the time of the study, field assessment visits were about to take place (bringing together police forces, regional directions of human rights, labor, and social action, the General Directorate for the Defense of Human Rights, the public prosecutor s department, judges of child courts, etc.). The experimental phase finishes at the end of the year. Following an evaluation, the program may be extended to all regions. Senegal Overview: Senegalese and foreign children (from Guinea, Guinea-Bissau, Burkina Faso, Nigeria, Mali, Ghana) are working in Senegalese goldmines, especially in Kédougou. Sex workers, notably from Nigeria, Ghana and Guinea, are also working in the mines. Legal and policy framework: A decree was adopted in 2003 to draw up a list of the worst forms of child labor. The Anti-Child Labor Unit is working to adapt the national legal framework to the ILO conventions and to follow up on their implementation. A project for a charter regarding child labor in artisanal goldmines is in development. An action plan against child labor ( ), stemming from ILO Conventions, was adopted in It focuses on preventive and protection measures. It comprises a component on the worst forms of child labor, including children working as soldiers, in pornography, drugs, and dangerous work including in goldmines. Related mechanisms and state of implementation: A National inter-sectoral Committee for the fight against child labor was put in place in It gathers Ministries, civil society, workers organizations and Parliament. The committee has not met since 2012, and it was sidelined by the committee stemming from the 2013 National Child protection Strategy. The Action plan against child labor was partially implemented as partners resources were not properly mobilized according to the Anti-Child Labor Unit (13 billion CFA was needed for implementation, 4 billion of which was provided by the government). The evaluation of the action plan will take place soon Protection systems for women All four countries have adopted laws and policies related to the protection of female victims of gender-based violence. Various institutions and bodies are dedicated to women and to addressing their specific protection needs. NGOs and local CSOs play an important role in this field. Burkina Faso Legal framework: the 2015 law on the prevention, repression and reparation of violence against women and girls foresees the creation of dedicated units within the Police and the Gendarmerie, as well as community counselling and assistance units, and governmental centers dedicated to the protection of women and girl victims of violence. These centers will provide healthcare and psychosocial support (PSS) (art. 44). The law also foresees the creation of a national observatory in charge of elaborating a national plan of action for the fight against gender-based violence (art. 52) 37. Keeogo is currently building a village for hosting and training girls (funded by the International Social Service Switzerland). It will open at the beginning of 2018, and will be able to host up to 35 girls. It will aim at providing young pregnant girls and mothers with training, education and legal assistance. 37 Law n Law about the prevention, repression and reparation of violence against women and girls,

40 The Gambia Legal framework: 2010 Women s act; 2013 Domestic violence act; 2013 Sexual Offenses Act; FGM Plan of Action, with the support of UNICEF; GBV Plan of Action and Communication Strategy, with the support of UNICEF. A National Women Council bringing together women leaders from the 53 districts, as well as Ministries and CSOs, meets quarterly. It produces recommendations which are then implemented by the Bureau of Women Affairs. Awareness activities on Women s rights are organized by the Bureau of Women Affairs, the Ministry of Health, Ministry of Justice and religious leaders, with the support of UNICEF. These trainings target women leaders and community leaders across regions, sometimes across borders with Senegal. In terms of protection, victims of domestic or gender-based violence and other abuse are brought to Bakoteh shelter. The DSW works on family mediation. Ghana In May 2015, the National Gender Policy was launched by the MGCSP. The policy intends to strengthen social protection for women through the following objectives: 1. Women s Empowerment and Livelihood 2. Women s Rights and Access to Justice 3. Women s Leadership and Accountable Governance, 4. Economic Opportunities for Women 5. Gender Roles and Relations. The GPS Domestic Violence and Victims Support Unit monitors domestic violence and investigates domestic violence cases. The LEAP program includes pregnant women as one of the targeted vulnerable groups. The National Social Protection policy, approved in Nov. 2015, among other objectives, intends to: achieve full equal pay for work of equal value by 2030, protect labor rights and promote safe and secure environments of all workers, including migrant workers, particularly women, and those in precarious employment. Sénégal Protection systems for women are managed by the Ministry of Women, Family and Gender. Senegal adopted a law in 1999 to modify the Penal Code to make gender-based violence a more serious offense. Authorities however rely mostly on NGOs for protection mechanisms. Unies vers elle has since 2008 been running La Maison Rose, a shelter dedicated to women victims of internal trafficking, domestic violence and other type of abuse. The Maison hosted 38 women at the time of the visit. Women receive psychosocial support and primary care. They can be referred to healthcare services if necessary. They are offered the opportunity to participate in focus groups, workshops, and physical activities. The association also offers family mediation. It is worth noting that some of the women referred to Unies vers elle are migrants. For instance, a Gambian woman was recently referred to Unies vers elle by the police. She stayed in la Maison Rose for one month and then returned home with the support of the West African Network for Child Protection (WAN). 40

41 Protection mechanisms for children on the move 5 Key findings Protection mechanisms for children on the move for the most part stem from regular national protection systems designed for nationals. They address the needs of migrants in an ad-hoc way. Regional mechanisms and standardized procedures were recently developed to address the specific needs of children on the move, especially regarding family tracing. The four countries are implementing efforts to operationalize these mechanisms at the national level. The enforcement of the WAN is still facing various challenges, including a lack of coordination, limited awareness, and issues surrounding the enforcement of procedures Regional mechanisms West Africa has developed regional mechanisms for the protection of children on the move, which is an issue that calls for a transnational response. The most developed one is the West African Network for Child Protection (WAN) whose primary mission is family tracing. The West African Network for Child Protection The WAN is a collaborative network covering 16 countries (ECOWAS and Mauritania, although it has not officially joined). The network was created in 2003 at the initiative of the International Social Service (ISS), after two children embarked the baggage hold of a plane leaving for Brussels and were found dead. It is dedicated to the protection of children in West Africa, with a focus on children on the move. A Steering Committee gathering Protection Directorates of all Member States meets regularly to decide on strategic direction. This shows the network builds on national mechanisms. ECOWAS took the network under its supervision and now facilitates the steering committee. 38 The WAN developed standards for transnational protection and care of children, with the technical support of the International Social Service (ISS). They were validated by ECOWAS in December 2015 and are now known as the ECOWAS Support Procedures and Standards for the Protection and Reintegration of Vulnerable Children on the Move and Young Migrants. They identify eight steps to support children and young migrants in a vulnerable situation in West Africa (see Figure 9 below). The challenge now lies in their adoption and dissemination in all Western African countries. The Best Interests of the Child determination and assessment processes are integrated in the ECOWAS guidelines. For instance, for the step 5 Alternative placement, the stated objective is to provide the most appropriate environment of life for the child taking his/her best interests into consideration. In step 6 Social and professional reintegration, the guidelines state that, if the child is integrated in a foster family, both the host country and the country or origin should assess whether it is possible and appropriate (according to the best interest principle) to maintain contact with the family of origin. Finally, in step 7 Follow-up and monitoring, the core tasks of the community guardian are said to be, among others, to safeguard the child s best interests and to assist in identifying a durable solution in the child s best interests. 38 West Africa Network for child protection website, 41

42 Figure 9 The eight steps of the quality care of children (ECOWAS Support procedures and standards) African Movement for Children and Young Workers The African Movement for Children and Young Workers has 64 offices across West Africa and is conducting various type of activities: Sensitization through debates, radio and TV shows; Health: setting up first aid kits and health funds; negotiating with the health authorities to obtain their services for reduced costs; Education: distribution of school supplies, building educational centers; Advocacy to promote the 12 priority rights : the right to be respected, to be taught an occupation, to stay in the village, to work in a safe environment, to light and limited work, to rest when sick, to be listened to, to healthcare, to learn to read and to write, to play, to self-expression, to equitable legal aid National policies and mechanisms Protection mechanisms for children on the move for the most part stem from regular national protection systems designed for nationals. They address the needs of migrants in an ad-hoc way. The four target countries are also making efforts to operationalize the WAN mechanism and enforce ECOWAS standards at the national level. It is worth noting that the WAN missions are undertaken by a local CSO in each country. This is yet another example of the strong involvement of CSOs in the protection of children on the move. The enforcement of the WAN mechanism at the national level still faces various challenges, due to the lack of coordination, limited awareness and the lack of procedures. Burkina Faso Legal and policy framework and related mechanisms Protection mechanisms for children on the move are mostly the same for Burkinabé children, apart from family tracing which is dealt with by the WAN and its representative in Burkina Faso, the organization Keeogo, which joined the 39 The African Movement for Children and Young Workers website: 42