Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

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

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 2(1) of the Convention. Scope of application. In its previous comments, the Committee observed that the Labour Code only applies to an employment relationship. It asked the Government to provide information on the way in which children not bound by an employment relationship, such as those who work on their own account or in the informal economy, enjoy the protection laid down by the Convention. The Committee noted that labour inspection activities mainly cover the urban sector and major enterprises, whereas the majority of children work in rural areas and small undertakings.

The Committee notes that there is no information on this subject in the Government’s report. It notes that under section 68 of Act No. 4-2010 of 14 June 2010 concerning child protection (Child Protection Act), premature employment – namely, work done by children under 16 years of age in the family environment, in the formal sector or in the informal economy – shall be prohibited. The Committee urges the Government to provide information on the measures taken to apply section 68 of the Child Protection Act. It also requests that the Government take specific measures to adapt and strengthen the labour inspection services in order to ensure that children under 14 years of age who work on their own account or in the informal economy, especially in rural areas, enjoy the protection afforded by the Convention. The Committee further asks that the Government supply information on the measures taken and the results achieved in this respect.

Article 2(3). Age of completion of compulsory schooling. In its previous comments, the Committee took due note of the Government’s efforts to improve the education system and asked the Government to provide information on the measures taken to increase school attendance rates, especially in secondary education, and reduce school drop-out rates. It noted the Government’s indication that, to contribute towards combating child labour, the Congolese Government had decided to abolish school fees. The Government also indicated that a number of schools had been built and new teachers were being recruited each year. The Committee also noted that the Government had undertaken to supply statistics on school enrolment and attendance rates in its next report. The Committee observed that these rates were still relatively low in secondary education (39 per cent for boys and 40 per cent for girls). It also noted that expenditure on education had decreased by 9.7 per cent in real terms between 1999 and 2008 in the Congo, whereas the economic growth rate for the country reached an average of 4.6 per cent per year.

The Committee notes the lack of information from the Government on this subject. It notes the adoption of the Sectoral Strategy for Education for 2015–25, which establishes three main objectives, namely: to provide high-quality basic education for all; to meet the human resources requirements of an emerging economy; and to ensure effective direction and management of the education system. The Committee notes that the Strategy also refers to the difficulties encountered, such as the persistence of severe geographic imbalances and a particular challenge relating to the minority indigenous peoples of the country. Moreover, the increased recourse to contributions from households raises questions of equity in the context of a policy of free education (page 38). Lack of school enrolment at both primary and secondary levels stems mainly from high costs. The Strategy also indicates that the primary school completion rate was 80.3 per cent in 2012. The gross secondary school enrolment rate was 72.3 per cent in 2013–14. A high repetition rate at primary level, together with a high drop out rate, are indicators of poor internal efficiency in the education system. The Strategy also provides that a permanent secretariat and ministerial committees will coordinate the monitoring of the programmes. In view of the fact that compulsory schooling is one of the most effective means of combating child labour, the Committee urges the Government to step up its efforts to ensure that children below the minimum age of 14 years for admission to work or employment are integrated into the education system and to ensure high-quality education free of charge. It requests that the Government provide detailed information on the measures taken and the action programmes implemented to this end as part of the Sectoral Strategy, and on the results achieved.