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

Minimum Age Convention, 1973 (No. 138) - Democratic Republic of the Congo (Ratification: 2001)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 1 of the Convention. National policy and application of the Convention in practice. In its previous comments, the Committee noted that the Committee on the Rights of the Child (CRC) expressed concern at the large number of children involved in child labour in the country. It also noted that, according to the Government’s initial report to the CRC, because of the economic situation, many parents allow or even send their children to do work which they are forbidden to perform by law. The Committee observed that virtually one out of two children between 5 and 14 years of age is engaged in child labour, particularly in rural areas (46 per cent in rural areas compared to 34 per cent in urban areas).

The Committee notes the Government’s indication in its report that the National Plan of Action to combat the worst forms of child labour (PAN) was adopted in 2015. However, the Committee observes that, according to the Second Demographic and Health Survey (EDS-RDC II 2013–14), 38 per cent of children between 5 and 17 years of age who were questioned had worked during the week preceding the survey, among whom 27.5 per cent had worked under dangerous conditions (pages 336–337). The Committee expresses its deep concern at the number of children involved in child labour, including in dangerous conditions. The Committee urges the Government to step up its efforts to secure the elimination of child labour. It requests that the Government provide information on the application of the Convention in practice, including statistics, disaggregated by gender and age, on the employment of children and young persons, together with extracts from labour inspection reports.

Article 2(1). Scope of application and labour inspection. The Committee noted previously that Act No. 015/2002 of 16 October 2002 issuing the Labour Code applies only where there is an employment relationship. It also noted that the CRC expressed concern at the prevalence of child labour in the informal economy, which frequently falls outside the protection afforded by national legislation. The Committee reminded the Government that the Convention applies to all branches of economic activity and that it covers all types of employment or work, whether or not it is performed on the basis of an employment relationship and whether or not it is remunerated. The Government indicated in this regard that it would intensify its efforts to make labour inspection more effective. The Committee noted the Government’s indication that the Committee’s recommendations regarding child labour in the informal economy would be taken into account when the PAN is implemented.

The Committee notes that there is no information on this subject in the Government’s report. It observes that the PAN refers to the fact that labour inspection faces a particularly difficult challenge in the context of enforcing the Labour Code in certain sectors where there is a concentration of child labour, such as the informal urban economy or agriculture (page 22). In this regard, the Government plans to draw up and implement a programme whereby state law enforcement officials will collaborate in the monitoring and prohibition of child labour. It also plans to establish a community-based child labour surveillance mechanism which collaborates with the labour inspectorate and also plans to develop an institutional capacity-building programme (PAN, Part 1, actions 1.1.2 and 1.2). In this regard, referring to the General Survey of 2012 on the fundamental Conventions (paragraph 407), which indicates that the inability of the labour inspectorate to monitor outside a given area is particularly problematic when child labour is concentrated in sectors outside its coverage, the Committee emphasizes the importance of ensuring that the labour inspection system effectively monitors working children in all areas and sectors. Recalling that the Convention applies to all forms of work or employment, the Committee once again requests that the Government take measures, in the context of the PAN, to adapt and strengthen the labour inspection services so as to ensure the monitoring of child labour in the informal economy, and to ensure that children benefit from the protection afforded by the Convention. It also requests that the Government provide information on the structure, functioning and work of the labour inspectorate in relation to child labour.

Article 2(3) of the Convention. Age of completion of compulsory schooling. In its previous comments, the Committee noted that, according to the information available on the website of the Senate, a Bill establishing the fundamental principles of the national education system had been put to the vote and adopted at the ordinary session of March 2013. The Committee also noted the detailed statistics on education provided in the Government’s report. It observed that the primary school completion rate is close to 65 per cent at national level. However, there are significant disparities between the regions: for example, 78.5 per cent in the Kinshasa region compared with 56.2 per cent in South Kivu. Furthermore, the primary school completion rate is much higher for boys than for girls (73.8 per cent compared with 54.7 per cent). As regards secondary education, the gross enrolment rate for the first year of secondary school is barely 47 per cent at national level. The Committee also noted that, according to the Education for All Global Monitoring Report 2012, published by UNESCO, although the results of household surveys suggest that the proportion of out-of-school children fell by 25 per cent between 2001 and 2010, the number of out-of-school children is probably well above 2 million, which means that the Democratic Republic of the Congo is likely to be among the five countries with the highest numbers of out-of-school children.

The Committee notes the adoption of Framework Act No. 14/004 of 11 February 2014 on the national education system (Education Act, a copy of which is attached to the Government’s report), which introduces an eight-year duration for basic education. It also notes the adoption of the Sectoral Strategy for education and training for 2016–25. 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 employment or work are integrated into the education system, with a special focus on girls. It requests that the Government provide detailed information on the measures taken and the action programmes implemented to this end, and on the results achieved.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.