“The laws in force provide for the suppression of all acts an practices, including slavery and all practices similar thereto, which prejudice individual liberty.”
“Under Article 114 of the Criminal Code, any public official or civil servant of the Government who orders or commits any arbitrary act which prejudices individual liberty is liable to punishment by loss of his civil rights, which may be accompanied by imprisonment for not more than five years, assuming that he has acted in the discharge of his duties but has been at fault for displaying excessive zeal.”
“Article 341 of the Criminal Code, which is drafted in very general terms, provides that, aside from cases in which the law provides for the arrest of a person charged, persons who, without a warrant issues by a duly constituted authority, arrest, imprison or detain anyone shall be liable to the criminal penalties described below.”
“Under the said article 341, persons entering into agreement for the purpose of depriving a third person of his liberty, whether gratuitously or for gain shall be liable to the same penalties, and the maximum penalty shall be incurred if the victim is under fifteen years of age.”
“Article 341, paragraph 2 of the Criminal Code states: ‘Anyone who provides a place for detention or confinement shall be liable to the same penalties as those responsible for the said detention or confinement. In view of their general nature, these provisions could apply to the pilot, captain or owner who lent his vessel or aircraft to be used as a place of detention or confinement. Such acts also constitute complicity in the form of aiding, abetting, or providing material means.”
The human person is sacred. All human beings are born free and equal before the law. They enjoy the rights that are inalienable right to life, liberty, self-development of their personality and respect for their dignity. The human rights are inviolable. The public authorities have an obligation to ensure respect, protection and promotion. Any sanctions aimed at the taking of human life is prohibited.
Are prohibited and punished by law, slavery, forced labour, inhuman treatment and cruel, degrading and humiliating, the physical or mental torture, physical violence and mutilation and all forms of degradation of human beings.
The state ensures the protection of children, elderly and disabled.
Every human being has the right to development and full development of his personality in its material, intellectual and spiritual. The State guarantees all citizens equal access to health, education, culture, information, vocational training and employment. The State has the duty to safeguard and promote the national values of civilization and cultural traditions are not contrary to law and morality.
The State and public authorities have a duty to ensure the development of youth. They create the conditions for its civic and moral education and secure environment against exploitation and neglect.
Everyone has the right to choose his profession or employment. Access to public or private employment is equal for all. Is prohibited from discrimination in access to or exercise of employment based on sex, political opinions, religious or philosophical.
Pimp is considered and punished by imprisonment of one to five years and a fine of 1,000,000 to 10,000,000 francs person who: (1) In some way aids, assists or knowingly protects the prostitution of others or soliciting for prostitution; (2) In any form, sharing the proceeds of prostitution of others or receives money from a person if habitually engages in prostitution; (3) Lives knowingly with a person if habitually engaging in prostitution and no visible means of support corresponding to his lifestyle; (4) hires, recruits or maintains, even with her consent, even an adult person for prostitution or engaging in prostitution or debauchery; (5) Acts as an intermediary in any capacity between persons engaged in prostitution or debauchery and individuals who exploit or remunerate the prostitution or debauchery of others. Attempted offenses under this section shall be punishable.
Penalties under the preceding article shall be doubled in cases where the crime was committed:
(1) In respect of a person under twenty-one years;
(2) With threats, coercion, violence, assault, abuse of authority, or fraud;
(3) with carrying weapons visible or hidden;
(4) For the spouse of the person engaging in prostitution;
(5) For the father, mother or other relatives of the person engaged in prostitution, guardian or persons having authority over it, by those responsible for his education, his intellectual, or professional or monitoring or who are hired servants;
(6) In respect of many people;
(7) For several co-authors or accomplices.
Attempted offenses under this section shall be punishable. The penalties provided in the previous article and this article shall be given, even though the various acts which are the constituent elements of the offense were committed in different countries
A person shall be punished with imprisonment of two to five years and a fine of 500,000 to 5,000,000 francs, Promoting or facilitating the debauchery or corruption of the youth of either sex below the age of eighteen years.
The pronunciation of the penalty shall be taken into account in respect of acts performed even abroad.
The attempt of the offense is punishable.
Shall be punished with imprisonment of two to five years and a fine of 1,000,000 to 10,000,000 francs whoever:
(1) holds directly, or through an intermediary, manages the head office, finances or contributes to the financing of an establishment having as its principal or accessory object prostitution;
(2) usually accepts or tolerates that one or more persons engage in prostitution or search for prostitution, either inside or in the annexes of the establishment, hotel, furnished house, pension, debit Restaurant, club, dance hall, circle, place of performance or any place open to the public that it owns or manages or finances.
The attempt of the offenses referred to in this article is punishable.
The judge pronounces the withdrawal of the license of which the convicted person would be beneficiary.
The guilty parties are ordered to reimburse the possible repatriation costs of the persons they have exploited or attempted to exploit or contributed to exploit prostitution.
The investigating judge may also order the closure of the establishment on a provisional basis and for a period of not more than three months, which may be renewed.
Whoever, by violence or fraud takes away any form whatsoever minors to places where they were placed by those in authority or direction from which they were submitted, shall be punished with imprisonment from five to ten years and a fine of 500,000 to 50,000,000 francs .If the minor is removed and a minor under fifteen years, the maximum penalty must be pronounced; If the offender has been paid or has been aimed at getting paid a ransom by those under whose supervision the child was placed, the penalty is life imprisonment. The punishment is imprisonment from five to twenty years if the minor has been found alive, has ever been made before the Court sentence. Kidnapping is punishable by death if it is followed by the death of the minor, or if the result for him, infirmity causing permanent disability of over 30%. The attempt of the crimes referred to in paragraphs 1 and 2 of this article is punishable.
Who, without fraud or violence, removes or attempts to remove a person under 18 is punishable by imprisonment of one to five years and a fine of 50,000 to 500,000 francs. This section does not apply if the underage person so removed, wife of abducting, unless the nullity of marriage has been pronounced.
Shall be punished with imprisonment from five to ten years and a fine of 500,000 to 5,000,000 francs, anyone who enters into an agreement designed to alienate, either gratuitously or for consideration, freedom of a third person. The maximum penalty is always made if the person who was the subject of the agreement is under the age of fifteen.
A person is sentenced to imprisonment of one to five years and to a fine of 50,000 to 500,000 francs or to one of those two penalties only who, in order to satisfy his personal interests exclusively, imposes on others work or a service for which he has not voluntarily offered himself.
Shall be punished by imprisonment of one to five years and a fine of 360,000 to 1,000,000 francs or one of these two penalties any person who: (1) - Forced a minor of 18 years to enter into a matrimonial union of customary or religious; (2) To satisfy only his personal interest, imposes on others work or service for which he has not offered himself voluntarily. The provisions of Articles 117 and 133 of this Code are not applicable in respect of early marriage or forced. The attempt is punishable.
Forced or compulsory labor shall be prohibited absolutely. Forced or compulsory labor means any work or service exacted from an individual under the threat of any penalty for which the individual has not voluntarily offered himself.
Infringements of the provisions of this law, except those provided for in the following articles of this title, shall be punishable by the penalties applicable to contraventions under the conditions determined by decree.
Are considered the worst forms of work prohibited to children:
-all forms of slavery or similar practices, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour including the recruitment and use of children in armed conflicts
-the use , procuring or offering of a child for purposes of sexual exploitation, pornographic production or pornographic material shows
-using, procuring or offering of a child for illicit activities including the production and narcotics trafficking
- work which, by its nature or the circumstances in which it is carried out, is likely to harm to health , to security or the child's morality
Hazardous child labor is work which , by the conditions in which it is carried out is likely :
-put their childhood, their potential and their dignity
-harm to their health and their physical and mental development
-The deprived of their schooling or the opportunity to go to school
-The prevent to have a school assiduity or have the capacity to benefit from the instruction received
Are considered dangerous by nature or according to the conditions in which they practice and prohibited to children , the work of which the list is fixed by order of the Minister in charge of labour
The term forced or compulsory labor prohibits children means:
-any labor or services, outside the usual family spots education and textbook work , requires that a child must not , or will not , or cannot do , that the maid obliges to do, under threat , bullying , assault or deprivation of any kind, for the benefit of individuals, organizations or companies
-any institution or organisation under which a child is delivered by either both parents or one of them or by his guardian or person having authority over him, a third, individuals, organizations, companies , against payment or not for the exploitation of that child
-the imposition some form of work or service to produce or collect the fruits that individuals, organizations or companies using or in which they trade.
Exploitation means all activities which the child is subjected and which do not, for the latter, no economic interest, moral, mental or psychological but who, on the other hand, provide to the author or any other person, to direct or indirect manner, the economic advantages, moral or psychological.
The term exploitation includes child prostitution and all forms of use with sexual purposes, child labour or forced services, illegal adoption, or marriage union early or forced, or any form of abuse has economic or sexual purposes prejudicial to health, physical development, mental, spiritual, moral and social development of the child.
Young workers are persons under eighteen years but who have reached the age of fourteen years required for admission to employment or work.
The sense of this Act, the trafficking of children means any act of recruitment, transportation, transfer, hosting, or children home on the inside or outside of a countries for exploitation whatever the means employed.
The term sale of children, any act or transaction involving the transfer of a child to another person or a group against remuneration or other benefits.
Servitude is the condition of any child who is required to live and work for another person without compensation or free to change his status.
Slavery is the state or condition of a child which are exercised the attributes of the right of property.
Chapter 4: Sanctions
Article 18 (new)
Can be prosecuted for trafficking in children, the purported father and mother and legal representatives, traveling with a child without being able to prove their kinship by a legal document. It will be the same for any adult traveling with a child without specific authorization duly authenticated by the father and mother or judicial authorization or administrative authority. A decree will specify the concept of travel, the nature of the legal document and for which the authorization will be no requirement.
A penalty of imprisonment from one to five years and a fine of 500,000 to 1,000,000 CFA francs or one of these penalties, the father, mother, guardian or person having authority over the child or custody, if they are responsible for his education, his intellectual or vocational training or who knowingly execute leave the child in hazardous work.
Whoever kidnaps or removes a child with the intention to sell so that it reduces servitude, or to detain as a slave, is punished with imprisonment of ten Twenty years and a fine of 5,000,000 has 50 million CFA francs.
Whoever traffics children as defined in Article 11 of this Act shall be liable to imprisonment for ten twenty years and a fine of 5,000,000 has 20,000,000 CFA francs.
Is punished with imprisonment of ten to twenty years and a fine of 5,000,000 to 20,000,000 CFA francs, anyone who subjects a child to forced labour as defined in Article 7 of this Act.
Note: Law No.2016-111 on the Fight Against Trafficking in Persons criminalized sex trafficking and labor trafficking and prescribed penalties of five to 10 years’ imprisonment and a fine of 5 million to 10 million West African CFA francs (FCFA) ($8,790-$17,590) for adult trafficking and 20 to 30 years’ imprisonment and a fine of 10 million to 50 million FCFA ($17,590-87,930) for child trafficking.