E/C.12/BFA/CO/1
to justice and receiving the necessary support. It notes with regret that, despite the efforts
undertaken, the practice of female genital mutilation persists in the State party, particularly
in rural areas. The Committee is also concerned by the fact that Act No. 61-2015/CNT on
the prevention, punishment and reparation of violence against women and girls and care for
victims does not penalize the act of rape between spouses. In this connection, it regrets that
article 14 (2) of the Act imposes fines “in cases where the rape is committed repetitively
against an intimate partner with whom the perpetrator entertains stable and continued
sexual relations or where the said partner is physically unable for any reason to perform a
sexual act” (arts. 3 and 10).
28.
The Committee invites the State party:
(a)
To revise its legislation on the prevention, punishment and reparation of
violence against women and girls and support for victims, in order to punish all acts of
rape between spouses without exception;
(b)
To guarantee access to justice for victims of domestic violence, sexual
violence and violence against older women accused of witchcraft, by encouraging the
reporting of such offences and ensuring that perpetrators are prosecuted and
convicted;
(c)
To redouble its efforts to combat female genital mutilation by such
means as acting on the findings of studies, corroborated by empirical data, on the root
causes of this practice and conducting regular awareness-raising campaigns against it;
(d)
To guarantee access for victims to adequate recovery, counselling and
rehabilitation services and to take steps to raise awareness among law enforcement
officials and the general public on the need to eliminate all forms of violence against
women.
29.
The Committee draws attention in this connection to its general comment No.
22 (2016) on the right to sexual and reproductive health.
Economic exploitation of children
30.
The Committee is concerned at the large number of children who are economically
exploited in the agricultural sector and in domestic work, often in dangerous conditions,
particularly in the artisanal mining sectors. It is also concerned at the fact that the poverty
of families in rural areas and limited access to education increase the risk of the economic
exploitation of children (art. 10).
31.
The Committee recommends that the State party take the necessary steps to
combat the economic exploitation of children and ensure that the provisions of the
Labour Code prohibiting the worst forms of child labour are applied effectively, in
particular by making inspections more stringent, conducting investigations,
prosecuting and sanctioning those responsible and providing victims with
rehabilitation and assistance. It also recommends that the State party conduct
awareness-raising campaigns concerning its legislation on child labour, particularly in
mining areas and agricultural areas, as well as in towns where children are often
employed in domestic work. It recommends that it take steps to support poor families
in order to allow their children to enjoy the right to education.
Poverty
32.
The Committee is concerned that, despite the implementation of poverty reduction
measures, a significant proportion of the population is not able to enjoy an adequate
standard of living and that poverty remains widespread in the State party, where over 25 per
cent suffer from extreme poverty. The Committee notes that poverty rates are highest
6
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