Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Minimum Age Convention, 1973 (No. 138) - Congo (Ratification: 1999)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 2, paragraph 1, of the Convention. Scope of application. The Committee noted that, by virtue of section 2 of Act No. 45-75 of 15 March 1975 instituting the Labour Code [hereafter Labour Code], “any person is held to be a worker who, regardless of sex and nationality, has undertaken to place his or her occupational activity, in return for remuneration, under the direction and authority of another physical or moral, public or private person […]”. The Committee noted that, by virtue of this provision, the Labour Code only applies to an employment relationship. The Committee recalled that the Convention applies to all branches of economic activity or work, whether it is carried out on the basis of an employment relationship or not and whether it is remunerated or not. The Committee therefore requests the Government to provide information on the manner in which children not bound by an employment relationship, such as those who are self-employed, benefit from the Convention. To the extent that section 264 of the Labour Code states that provisions that are contrary to the Code are repealed, the Committee requests the Government to indicate whether Order No. 2224, which authorizes children below 14 years of age to work in family enterprises, is still in force.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee noted that, by virtue of section 23 of the Constitution, schooling is compulsory until the age of 16 years. The Committee noted that, in its concluding observations on the second periodic report of Congo (E/C.12/1/Add.45, paragraph 23), the Committee on Economic, Social and Cultural Rights was profoundly dissatisfied with the education system in Congo. Although Congo used to have quite a developed education system, it has seriously deteriorated as a result of economic mismanagement, the shortage of resources and political unrest. According to the Government delegation, there are fewer children enrolling in school, a shortage of teachers and teaching materials, and the school buildings are in a deplorable state. It also notes that, according to ILO statistics for Congo for the year 2000, a high number of children between 10 and 14 years, namely 960,000 children, are economically activity in one way or another. The Committee considered that compulsory schooling is one of the most effective means of combating child labour. Consequently, in order to prevent child labour, the Committee request the Government to provide information on the measures taken or envisaged to increase school attendance and reduce school drop-out rates. It also requests the Government to indicate in what way compulsory schooling is followed up in practice and to provide information on school enrolment and attendance rates.

Article 3, paragraph 2. Determination of types of hazardous work. The Committee noted that section 4 of Order No. 2224 of 24 October 1953, setting employment exemptions for young workers, as well as the nature of the work and the categories of enterprises prohibited to young persons and the age limit of the prohibition [hereinafter Order No. 2224], prohibits the employment of young persons under 18 years in hazardous work. The Committee also noted that this very same provision includes a list of types of hazardous work. It notes, however, that Order No. 2224 was adopted over 50 years ago. It refers to the provisions of Paragraph 10(2) of the Minimum Age Recommendation, 1973 (No. 146), which invites the Government to re-examine periodically and revise as necessary the list of the types of employment or work to which Article 3 of the Convention applies, particularly in the light of advancing scientific and technological knowledge.

Article 3, paragraph 3. Admission to hazardous work from the age of 16 years. The Committee noted that, by virtue of section 5 of Order No. 2224, the employment of young workers under the age of 16 years is prohibited with regard to the following types of work: (1) physical work involving pedals, wheels, cranks, levers, jigs, manually operated winnowing machines; (2) the use and feeding of circular, ribbon and multi-blade saws, work involving shears, or mechanical cutting blades and grindstones; and (3) work on buildings, except for finishing work not necessitating the use of scaffolding. The Committee also noted that, under the terms of section 7 of Order No. 2224, the labour and social legislation inspectors may require that any young worker undergo a medical examination in order to determine whether the work in which they are employed exceeds their capacities. When it has been proven that the young worker is not physically apt for the work in which he is employed, he must be transferred to a post corresponding to his physical capacities or made redundant without any blame being attached to him. The Committee noted that the condition contained in Article 3, paragraph 3, of the Convention to the effect that the health, safety and morals of young persons aged between 16 and 18 years authorized to carry out hazardous work shall be protected, is met by the provisions mentioned above. It recalled, however, that Article 3, paragraph 3, of the Convention, also requires that young persons aged between 16 and 18 years shall receive specific instruction or vocational training in the relevant branch of activity. The Committee thus requests the Government to provide information on the measures taken or envisaged in order to ensure that young people aged between 16 and 18 years who are authorized to carry out the abovementioned hazardous work shall receive specific instruction or vocational training in the relevant branch of activity.

Article 7. Light work. The Committee noted that the Government has not availed itself of this provision of the Convention. The Committee noted however that, under the terms of section 2 of Order No. 2224, children aged 12 may carry out the following work: (a) light domestic tasks forming part of the work of a scullion, an assistant cook, a “small boy” or a child-minder; (b) picking, gathering or sorting work performed in agricultural undertakings, with the health and safety of children being guaranteed; and (c) light work of a non-industrial character, subject to the approval of the Labour and Social Legislation Inspector, and under the condition that such work can only be carried out by children. The Committee also noted that, by virtue of articles 10 and 11 of Order No. 2224, the consent of the parents or guardians is required for the admission to employment of a child between ages 12 and 14. The labour and social legislation inspector or his legal deputy must also give his written permission, upon presentation of a medical certificate. The Committee recalled that, apart from the activities for which light work may be authorized, Article 7, paragraph 3, of the Convention provides that the competent authority shall prescribe the number of hours during which and the conditions in which such employment or work may be undertaken. The Committee thus requests the Government to indicate the measures taken or envisaged with regard to provisions determining the conditions in which such employment or work may be undertaken by a child between ages 12 and 14.

Article 1 and Part V of the report form. Practical application of the Convention. The Committee noted that, according to the ILO’s statistics for the year 2000, 960,000 children aged between 10 and 14 years were economically active. Of this number, 510,000 were boys and 450,000 were girls. The Committee was concerned at the situation of young children who are forced to work out of personal necessity in Congo. It requests the Government to provide information on measures taken or envisaged in the short and medium term to gradually improve this situation, in particular through the adoption of a national policy ensuring the effective abolition of child labour. The Committee also invites the Government to provide specific information on the way in which the Convention is applied in practice, including, for example, statistical data on the employment of children and young persons, extracts from inspection service reports and information on the number and nature of infringements.