Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Democratic Republic of the Congo (Ratification: 2001)

Article 3 of the Convention. Worst forms of child labour. In its previous comments, the Committee requested the Government to indicate whether the term “child” used in section 3 of the Labour Code refers to all young persons under 18 years of age. In this regard, it notes the Government’s statement that, under article 41 of the Constitution of the Democratic Republic of the Congo, the term “minor” means an individual of either sex who is under 18 years of age.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee previously noted that section 3(1) and (2) of the Labour Code provides for the abolition of the worst forms of child labour, including the use, procuring or offering of a child for illicit activities. It also noted the Government’s indication that the production and trafficking of drugs are considered to be illicit and are severely penalized by the Penal Code. However, the Committee noted that the text of the Penal Code available to the Office, as updated up to 30 November 2004, does not contain any provisions in this respect and requested the Government to indicate whether the national legislation contains any provisions prohibiting this worst form of child labour. It notes that the Government’s report does not contain any information on this matter. The Committee therefore requests the Government once again to indicate whether the national legislation contains other provisions prohibiting the use, procuring or offering of young persons under 18 years of age for, among other activities, the production, trafficking or sale of drugs and controlled substances.

Article 4, paragraphs 1 and 3. Determination and revision of the list of types of hazardous work.  Further to its previous comments, the Committee notes with interest the adoption of Ministerial Order No. 12/CAB.MIN/TPS/045/08 of 8 August 2008 determining the working conditions of children (Ministerial Order of 8 August 2008), which prohibits the employment of young persons under 18 years of age (section 1) and contains a detailed list of types of hazardous work which are prohibited for young persons under 18 years of age (sections 9–15).

Article 6. Programmes of action. With reference to its previous comments, the Committee notes the information supplied by the Government to the effect that section 2(2) of Ministerial Order No. 12/MIN/TPS/AR/34/2006 of 10 June 2006 states that the National Committee for Combating the Worst Forms of Child Labour is responsible for drawing up national action programmes for identifying and reporting child labour and the worst forms thereof, preventing children from engaging in the worst forms of child labour and removing them from such labour if necessary, providing for their rehabilitation and social integration and giving particular attention to vulnerable children. It also notes that the Ministry of Employment, Labour and Social Welfare is responsible for ensuring that the National Committee for Combating the Worst Forms of Child Labour becomes operational. Once it is operational, the Committee will draw up a national strategy on the abolition of child labour and the worst forms thereof. The Committee hopes that the National Committee for Combating the Worst Forms of Child Labour will become operational in the near future and that it will be in a position to draw up a national strategy and action programmes for the elimination of the worst forms of child labour. It requests the Government to supply information on all progress made in this regard and send a copy of the texts of the national strategy and action programmes once they have been drawn up.

Article 7, paragraph 1. Penalties. The Committee noted previously that section 326 of the Labour Code establishes penalties for violations of the provisions of section 2 of the Labour Code concerning forced labour and section 3 on the worst forms of child labour. However, it noted that the penalties laid down in section 326 of the Labour Code concerning crimes as serious as forced labour and the trafficking of children for prostitution, pornography or illicit activities are not a sufficient deterrent. In this regard, the Government states that anyone committing the offences stated in section 326 of the Labour Code is liable to a maximum of six month’s imprisonment with hard labour or a fine of 30,000 Congolese francs (CDF) or both, without prejudice to harsher penalties applicable under criminal law. However, the Committee notes that the Government has not provided any information on the penalties imposed by criminal law. It reminds the Government that the offences covered by section 326 of the Labour Code are serious crimes and that under Article 7, paragraph 1, of the Convention the Government is required to take all necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including the provision and application of sufficiently effective and deterrent penal sanctions. The Committee therefore requests the Government to supply information on the penalties imposed by criminal law and to supply a copy of the relevant provisions. It also requests the Government to provide information on the enforcement of these penalties in practice.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee noted that the Committee on the Rights of the Child, in its concluding observations in July 2001 (CRC/C/15/Add.152, paragraphs 66 and 67), expressed its continuing concern at the low school enrolment rate for girls, their high drop-out rate, and also the high female illiteracy rate, especially in rural areas.

The Committee notes that, according to the 2008 global monitoring report on “Education for All” (EFA) published by UNESCO, entitled Education for All by 2015: Will we make it?, owing to a lack of data, particularly because of the ongoing conflict in the country, it has been impossible to make any projections regarding achievement of the EFA programme targets by the Democratic Republic of the Congo by 2015. However, the study indicates that there is a significant gender gap throughout the country as regards the gross primary school enrolment rate, to the detriment of girls, who are more likely than boys to repeat the school year. In this regard, the study indicates that it is highly likely that the country will not achieve gender parity by 2015.

In its report on Convention No. 138, the Government states that it is aware that the national school enrolment rate is low, namely about 40 per cent of all children of school age. With this in mind, it adopted Order No. 082 of 15 May 2006, which defines priorities for the area of education. The Government also points out that the continuing existence of areas of insecurity hampers the education of children, not only because families, and therefore children, are constantly moving but also because educational infrastructure has been destroyed as a result of the fighting between the armed groups, as was the case in 2005 in North Katanga, Ituri, Beni and North Kivu. With the help of UNICEF and the United Nations Office for the Coordination of Humanitarian Affairs, assistance is being given to schools which have suffered damage. Furthermore, in the context of the EFA goals, the country has set up a number of projects, including those designed to boost the education sector (PARSEC and PASE). The Committee duly notes the measures taken by the Government. However, it expresses its concern at the low rate of primary school enrolment and the high rate of pupils repeating a school year, with girls particularly affected by both. In view of the fact that education contributes to preventing children from being engaged in the worst forms of child labour, the Committee urges the Government to intensify its efforts to improve the functioning of the education system in the country. In this regard, it requests the Government to supply information on the measures taken in the context of the PARSEC and PASE projects to increase the school enrolment rate, both at primary and secondary level, and to reduce the numbers of pupils repeating a school year, giving particular attention to girls.

Clause (d). Children at special risk. 1. Street Children. In its previous comments, the Committee noted that the Committee on the Rights of the Child, in its concluding observations on the Government’s initial report of July 2001 (CRC/C/15/Add.152, paragraphs 70 and 71), expressed its concern at the high number and difficult situation of children living in or working on the streets. It asked the Government to provide information on the measures taken or contemplated, particularly as regards providing protection for children living on the streets from the worst forms of child labour, and their rehabilitation and social integration. The Committee notes that the Government has not supplied any information on this matter. However, it notes that one of the responsibilities of the National Committee for Combating the Worst Forms of Child Labour is to draw up national action programmes designed, among other things, to give special attention to vulnerable children. The Committee hopes that once the National Committee for Combating the Worst Forms of Child Labour is operational, it will give its attention to the issue of street children. It requests the Government to supply information on all measures taken by the Committee to protect these children from the worst forms of child labour and ensure their rehabilitation and social reintegration.

2. Children orphaned as a result of HIV/AIDS. The Committee previously noted that, according to the information contained in the 2004 Epidemiological Fact sheet of the Joint United Nations Programme on HIV/AIDS (UNAIDS) and the World Health Organization (WHO), some 770,000 children are orphans as a result of HIV/AIDS in the Democratic Republic of the Congo. While noting that the Democratic Republic of the Congo is participating in the World Bank programme on HIV/AIDS covering a number of countries in order to implement a national strategy for controlling the epidemic, the Committee expressed concern at the very high number of children who are affected by HIV/AIDS. It requested the Government to supply information on specific time-bound measures adopted to improve the situation of these children.

The Committee duly notes the detailed information supplied by the Government on the measures it has taken in order to reduce the incidence of HIV/AIDS in the country, particularly the implementation of the national programme on reproductive health (PNSR). It notes the Government’s report on monitoring the implementation of the UNGASS Declaration of Commitment on HIV/AIDS of 31 January 2008. The Committee notes that, according to this report, measures are being taken to take account of the needs of orphans and children made vulnerable as a result of HIV/AIDS. Recalling that one of the consequences of HIV/AIDS for orphans is that they are at greater risk of becoming involved in the worst forms of child labour, the Committee requests the Government to supply information on the measures taken in the context of the implementation of the UNGASS Declaration of Commitment on HIV/AIDS to protect children who have been orphaned or left vulnerable as a result of HIV/AIDS from the worst forms of child labour.

Article 8. International cooperation and assistance. The Committee noted that, according to World Bank information, the Government was preparing a Poverty Reduction Strategy Paper (PRSP). In this regard, the Committee notes the Government’s indication that the PRSP has indeed been prepared and that a five‑year programme of action will be implemented. It will supply information in this regard. Recalling that poverty reduction programmes contribute to breaking the circle of poverty, which is essential for the elimination of the worst forms of child labour, the Committee requests the Government to provide information on any significant impact of the programme of action for implementing the PRSP on the elimination of the worst forms of child labour.

Parts IV and V of the report form. Application of the Convention in practice. With reference to its previous comments, the Committee notes the Government’s statement to the effect that no statistical information is available on the number of children who are victims of the worst forms of child labour. The Committee therefore hopes once again that the Government will be in a position to provide statistics and information in its next report on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of offences reported, investigations, prosecutions, convictions and penalties imposed. As far as possible, all information provided should be disaggregated by sex.