Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Algeria (Ratification: 2001)

Articles 3 and 7(1) of the Convention. Worst forms of child labour and the penalties applied. Clause (a). Sale and trafficking of children. In its previous comments, the Committee noted that section 303bis(4) of Act No. 09-01 of 25 February 2009 prohibits trafficking in persons, particularly for economic and sexual exploitation, and that the sentence incurred is imprisonment of from five to 15 years and a fine of 500,000 Algerian dinar (DZD) to DZD1,500,000, with heavier sentences for persons trafficking children (section 303bis(5)).

The Committee requested the Government to provide information on the application of these provisions in practice. It notes with regret that the Government has not provided any information on this subject in its report. Furthermore, the Committee notes with concern that, in its concluding observations of 18 July 2012 (CRC/C/DZA/CO/3-4, paragraph 77), the Committee on the Rights of the Child noted that only limited measures have been taken to enforce Act No. 09-01 of 25 February 2009 and that Algeria continues to consider trafficking victims, including children, as illegal migrants and to deport them, sometimes in conditions that threaten their lives. The Committee on the Rights of the Child also expressed particular concern that there had been no investigations, prosecutions or convictions of trafficking offenders in 2010 and that some traffickers reportedly benefit from the complicity of some members of the Algerian police; and that child victims of trafficking may be jailed for unlawful acts committed as a result of their being trafficked, such as engaging in prostitution or not having adequate immigration documentation. The Committee urges the Government to take immediate measures to ensure the elimination in practice of the sale and trafficking of children, and to ensure that in-depth investigations and effective prosecutions are conducted of persons who engage in such acts, including state officials suspected of complicity, and that sufficiently effective and dissuasive sanctions are imposed in practice. It requests the Government to provide detailed information in its next report on the application of this new Act in practice, including the number of infringements reported, investigations conducted, prosecutions, convictions and penal sanctions applied. Finally, the Committee urges the Government to ensure that children under 18 years of age who are trafficked to Algeria are treated as victims rather than offenders.

Clauses (b) and (c). Use, procuring or offering of a child for the production of pornography or for pornographic performances, and the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. In its previous comments, the Committee observed that no legislative provision prohibits these worst forms of child labour and it requested the Government to indicate the measures taken to resolve this matter.

The Committee once again notes with regret that the Government’s report does not contain any further information on this subject. The Committee reminds the Government that under the terms of Article 3(b) and (c) of the Convention, the use, procuring or offering of a child for the production of pornography or for pornographic performances, or for illicit activities, in particular for the production and trafficking of drugs, is one of the worst forms of child labour. Moreover, under the terms of Article 1, immediate and effective measures shall be taken to secure the prohibition of these worst forms of child labour as a matter of urgency. The Committee therefore urges the Government to take the necessary measures as a matter of urgency to ensure, in law and practice, the prohibition of the use, procuring or offering of a child under 18 years of age for the production of pornography or for pornographic performances, or for illicit activities, in particular for the production and trafficking of drugs, and to establish sufficiently effective and dissuasive sanctions. It requests the Government to provide information in its next report on the progress achieved in this regard.

Article 4(1). Determination of hazardous types of work. In its previous comments, the Committee noted the Government’s indication that the issue of determining hazardous types of work had been taken into account in the context of the new Labour Code that was being prepared. It noted that a list of prohibited types of work was due to be established by regulation.

The Committee notes with regret that the Government’s report does not contain any further information on this subject. It notes that, in its concluding observations of 18 July 2012, the Committee on the Rights of the Child expressed concern that Algeria had not yet determined the types of hazardous work prohibited for children under 18 years of age, even though thousands of children continue to be subjected to the worst forms of child labour, especially in agriculture, as street vendors and as domestic servants. The Committee once again reminds the Government that, under the terms of Article 4(1) of the Convention, hazardous types of work shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned. Recalling that it has been raising this matter for several years, the Committee again urges the Government to take immediate measures to ensure the adoption of legislation on the types of hazardous work prohibited for children on an urgent basis. It requests the Government to provide information in its next report on any progress achieved in this regard.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing children from being engaged in the worst forms of child labour, providing assistance for the removal of children from these worst forms of child labour and ensuring their rehabilitation and social integration. Trafficking of children. Further to its previous comments, the Committee notes with regret that the Government’s report contains no information on the measures taken to prevent the trafficking of children and to remove victims and ensure their social rehabilitation. Moreover, it notes that in its concluding observations of 18 July 2012 (CRC/C/DZA/CO/3-4, paragraph 77), the Committee on the Rights of the Child expressed particular concern that there are still no Government-operated shelters for victims of trafficking and that civil society is even prohibited from operating any such shelters because it would be penalized for harbouring undocumented migrants. Moreover, Algeria does not provide children with any assistance for their medical and psychological recovery and their social reintegration. The Committee urges the Government to take effective and time-bound measures for the establishment of services to remove child victims of sale and trafficking and for their rehabilitation and social integration. It requests the Government to provide information on the progress achieved in this regard.

The Committee is raising other matters in a request addressed directly to the Government.