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

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous observation and previous direct request

Article 1 of the Convention. National policy and application of the Convention in practice. In its previous comments, the Committee expressed its deep concern at the large number of children working below the minimum age in the country and noted the lack of a national policy designed to ensure the effective abolition of child labour. In this regard, the Committee notes the information communicated by the Government, in its report, relating to Order No. 053/MIDDL/DL/P/CAB of 27 June 2017 and service note No. 041/DB/CB/MM/CAB of 24 January 2019 on the establishment, mandate and organization of the child protection committees in the rural department of Lékoumou and in Brazzaville. This initiative is part of the implementation on a trial basis of two coordination and follow-up mechanisms for children’s rights, provided for in the strategy for strengthening the national child protection system, adopted in 2015. The Committee notes that this integrated child protection system is currently being assessed, with a view to progressively extending it to the rest of the country.

Additionally, the Committee notes the Government’s indication that a workshop was held in 2023 in order to identify strategic priorities in the context of the global partnership, Alliance 8.7: for a world without forced labour, modern slavery, human trafficking and child labour. As a result of the workshop, the country’s strategic priorities were adopted, together with a national road map. Its priorities include the finalization of the revised Labour Code, and the development and adoption of a national employment policy. While it encourages the Government to pursue the implementation of the national child protection system, the Committee requests it to continue to take specific measures within the framework of the national child protection mechanism, and to provide information on progress achieved in this regard. Furthermore, it requests the Government to indicate the progress achieved in relation to the revision of the Labour Code and the development of the national employment policy, mentioned in the national road map.

Article 2(1). Scope of application. The Committee notes that the Government has not responded to its previous requests concerning in particular: (i) the fact 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; and (ii) the fact 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 recalls once again that, under section 68 of Act No. 4-2010 of 14 June 2010 concerning child protection, work done by children under 16 years of age in the family environment, in the formal or in the informal economy, is prohibited.

The Committee notes the Government’s information that the Labour Code is currently being revised, providing for the deletion of section 116 concerning exemptions granted by the Minister of Education to allow children under 16 years of age to be employed. The Committee once again requests the Government to provide information on the measures taken to apply section 68 of the Child Protection Act. In addition, it once again 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. It requests the Government to provide information in the measures taken and the results achieved in this regard. The Committee also requests the Government to provide information on the progress made concerning the provisions of section 116 of the Labour Code currently being revised.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous observation and previous direct request

Article 2(3) of the Convention. Age of completion of compulsory schooling. The Committee notes, in the Government’s report, statistics on the rates of school enrolment and attendance compiled during the development of the sectoral education strategy 2021–30. They show a total primary school completion rate of 78.86 per cent and a total secondary school completion rate of 67.35 per cent.

The Committee takes due note of the Government’s information that, within the framework of the sectoral education strategy 2015–30, 104 preschools, education, training and apprenticeship centres, and a national centre for vocational rehabilitation for persons with disabilities have been built in the country. The Government also indicates that a rehabilitation centre for vulnerable children has been established, as part of an informal literacy and education initiative, with a view to providing alternatives for out-of-school children.

It also takes due note of the information that the national action plan to improve the quality of life of indigenous populations 2022–25 provides for training for indigenous teachers, in order to adapt education to their way of living, under the provisions of Decree No. 2019-204 of 12 July 2019 on special measures to facilitate access for indigenous children to education and adults to literacy. The Committee notes, however, that, according to the Report on the right of indigenous peoples of the United Nations Human Rights Council, of 10 July 2020, the Special Rapporteur expressed deep concern at the percentage of indigenous children who were out of school (65 per cent des of indigenous children aged 12 to 15 years, compared with 39 per cent in the general national population) (A/HRC/45/34/Add.1, paras 45 and 49). Recalling once again that compulsory education is one of the most effective means of combating child labour, the Committee requests the Government to intensify its efforts to ensure that children who have not yet reached the minimum age for admission to occupation or employment, set at 14 years, are included in the education system. It requests the Government to provide detailed information on the specific measures taken in this respect, within the framework of the sectoral education strategy and the national action plan to improve the quality of life of indigenous populations, as well as on the results achieved. The Committee also encourages the implementation of appropriate measures to improve completion rates, which remain relatively low. In this regard, it requests it to continue to provide detailed statistics relating to the rates of school enrolment and particularly completion rate of children under 14 years, in both rural and urban areas, and disaggregated by age and gender.

Article 3(2) and (3). Determination of hazardous types of work and age of admission to hazardous work. Further to its previous comments, the Committee takes due note of the Government’s information that one of the strategic priorities is the revision of the list of hazardous work prohibited to children under 18 years of age, in all economic branches of activity. It also notes the Government’s information that a preliminary study was deemed necessary to appropriately determine the types of hazardous work by sector of activity, following the complexity of the revision of the 1953 regulatory text, and the rejection of a draft decree drawn up solely by the Minister of Justice. The Committee requests the Government to take the necessary measures to ensure the adoption of the decree determining the list of types of hazardous work prohibited to children under 18 years of age, under section 68(d) of the Child Protection Act, in consultation with the social partners. It requests the Government to provide information on progress made in this regard.

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

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes with concern 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 dropout 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.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes with concern 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 a large number of children were involved in economic activity but that no national policy had been adopted in this regard. It noted the Government’s indication that there were no inspection reports providing any information on the presumed or actual employment of children in enterprises in Congo during the reporting period. However, the Committee noted that 25 per cent of Congolese children were involved in child labour, according to UNICEF statistics.

The Committee notes with regret that the Government’s report still does not contain any information on the adoption of a national policy for ensuring the effective abolition of child labour. The Committee also observes that the United Nations Committee on the Rights of the Child (CRC), in its concluding observations of 2014, noted that child labour and the economic exploitation of children remain widespread, particularly in the big cities (CRC/C/COG/CO/2-4, paragraph 74).Expressing its deep concern at the large number of children working below the minimum age in the country, and given the lack of a national policy designed to ensure the effective abolition of child labour, the Committee once again urges the Government to take the necessary steps to ensure the adoption and implementation of such a policy as soon as possible. It requests that the Government provide detailed information in its next report on the measures taken in this respect.

Article 3(2) and (3). Determination of hazardous types of work and age of admission to hazardous work. In its previous comments, the Committee noted that section 4 of Order No. 2224 of 24 October 1953, which establishes employment exemptions for young workers, determines the types of work and the categories of enterprises prohibited for young persons and sets the age limit for the prohibition, prohibits the employment of young persons under 18 years of age in certain hazardous types of work, and includes a list of such types of work.

The Committee notes the Government’s indication that Order No. 2224 is no longer in force. The Committee also notes that section 68(d) of Act No. 4-2010 of 14 June 2010 concerning child protection (Child Protection Act) provides that any work which, by its nature or the conditions in which it is performed, is likely to harm the health, safety or morals of the child is prohibited. It also provides that a decree issued further to the opinion of the National Labour Advisory Committee shall determine the list and the types of work and the categories of enterprises prohibited for children and the age limit for the prohibition.The Committee requests that the Government take the necessary steps to ensure the adoption as soon as possible of the decree determining the list of hazardous types of work, in accordance with section 68(d) of the Child Protection Act.

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.

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

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.

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

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 a large number of children were involved in economic activity but that no national policy had been adopted in this regard. It noted the Government’s indication that there were no inspection reports providing any information on the presumed or actual employment of children in enterprises in Congo during the reporting period. However, the Committee noted that 25 per cent of Congolese children were involved in child labour, according to UNICEF statistics.

The Committee notes with regret that the Government’s report still does not contain any information on the adoption of a national policy for ensuring the effective abolition of child labour. The Committee also observes that the United Nations Committee on the Rights of the Child (CRC), in its concluding observations of 2014, noted that child labour and the economic exploitation of children remain widespread, particularly in the big cities (CRC/C/COG/CO/2-4, paragraph 74). Expressing its deep concern at the large number of children working below the minimum age in the country, and given the lack of a national policy designed to ensure the effective abolition of child labour, the Committee once again urges the Government to take the necessary steps to ensure the adoption and implementation of such a policy as soon as possible. It requests that the Government provide detailed information in its next report on the measures taken in this respect.

Article 3(2) and (3). Determination of hazardous types of work and age of admission to hazardous work. In its previous comments, the Committee noted that section 4 of Order No. 2224 of 24 October 1953, which establishes employment exemptions for young workers, determines the types of work and the categories of enterprises prohibited for young persons and sets the age limit for the prohibition, prohibits the employment of young persons under 18 years of age in certain hazardous types of work, and includes a list of such types of work.

The Committee notes the Government’s indication that Order No. 2224 is no longer in force. The Committee also notes that section 68(d) of Act No. 4-2010 of 14 June 2010 concerning child protection (Child Protection Act) provides that any work which, by its nature or the conditions in which it is performed, is likely to harm the health, safety or morals of the child is prohibited. It also provides that a decree issued further to the opinion of the National Labour Advisory Committee shall determine the list and the types of work and the categories of enterprises prohibited for children and the age limit for the prohibition. The Committee requests that the Government take the necessary steps to ensure the adoption as soon as possible of the decree determining the list of hazardous types of work, in accordance with section 68(d) of the Child Protection Act.

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.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

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.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Article 1 of the Convention. National policy and application of the Convention in practice. In its previous comments, the Committee noted that a large number of children were involved in economic activity but that no national policy had been adopted in this regard. It noted the Government’s indication that there were no inspection reports providing any information on the presumed or actual employment of children in enterprises in Congo during the reporting period. However, the Committee noted that 25 per cent of Congolese children were involved in child labour, according to UNICEF statistics.

The Committee notes with regret that the Government’s report still does not contain any information on the adoption of a national policy for ensuring the effective abolition of child labour. The Committee also observes that the United Nations Committee on the Rights of the Child (CRC), in its concluding observations of 2014, noted that child labour and the economic exploitation of children remain widespread, particularly in the big cities (CRC/C/COG/CO/2-4, paragraph 74). Expressing its deep concern at the large number of children working below the minimum age in the country, and given the lack of a national policy designed to ensure the effective abolition of child labour, the Committee once again urges the Government to take the necessary steps to ensure the adoption and implementation of such a policy as soon as possible. It requests that the Government provide detailed information in its next report on the measures taken in this respect.

Article 3(2) and (3). Determination of hazardous types of work and age of admission to hazardous work. In its previous comments, the Committee noted that section 4 of Order No. 2224 of 24 October 1953, which establishes employment exemptions for young workers, determines the types of work and the categories of enterprises prohibited for young persons and sets the age limit for the prohibition, prohibits the employment of young persons under 18 years of age in certain hazardous types of work, and includes a list of such types of work.

The Committee notes the Government’s indication that Order No. 2224 is no longer in force. The Committee also notes that section 68(d) of Act No. 4-2010 of 14 June 2010 concerning child protection (Child Protection Act) provides that any work which, by its nature or the conditions in which it is performed, is likely to harm the health, safety or morals of the child is prohibited. It also provides that a decree issued further to the opinion of the National Labour Advisory Committee shall determine the list and the types of work and the categories of enterprises prohibited for children and the age limit for the prohibition. The Committee requests that the Government take the necessary steps to ensure the adoption as soon as possible of the decree determining the list of hazardous types of work, in accordance with section 68(d) of the Child Protection Act.

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

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

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

Repetition

The Committee notes that the Child Protection Act (Act No. 4-2010) was adopted on 14 June 2010. The Committee requests the Government to provide a copy of this Act in its next report.

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. The Committee asked the Government to provide information on the manner in which children not bound by an employment relationship, such as those who are self-employed or work in the informal sector, enjoy the protection laid down by the Convention.

The Committee notes that the Government’s report does not contain any information on this matter. However, it notes that, according to the information contained in a 2009 report on the worst forms of child labour in Congo, published on the website of the UN High Commissioner for Refugees (UNHCR), 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 again reminds the Government that the Convention applies to all branches of economic activity and covers all types of employment or work, whether or not an employment relationship exists and whether or not it is remunerated. The Committee therefore urges the Government to take measures to adapt and strengthen the labour inspection services in order to ensure that children under 14 years of age who are self-employed or work in the informal sector, especially in rural areas, enjoy the protection afforded by the Convention. It requests the Government to supply information on the measures taken and the results achieved in this respect in its next report.

Article 2(3). Age of completion of compulsory schooling. In its previous comments the Committee asked the Government to provide information on the measures taken to increase school enrolment at primary and secondary levels and reduce school repetition and drop-out rates.

The Committee takes due note of the Government’s indication that, to contribute towards combating child labour, the Congolese Government has decided to abolish school fees. The Government also indicates that a number of schools have been built and new teachers are recruited each year. The Committee also notes that the Government undertakes to supply statistics on school enrolment and attendance rates in its next report. The Committee observes that, according to UNICEF statistics for 2005–09, progress has been made with regard to enrolment rates in primary education. According to these statistics, net school attendance rates are now 62 per cent for boys and 56 per cent for girls. Moreover, primary school attendance rates are 86 per cent for boys and 87 per cent for girls. Nevertheless, the Committee observes that the corresponding rates are still relatively low in secondary education (39 per cent for boys and 40 per cent for girls). It also notes that according to the 2011 Education for All Global Monitoring Report, published by UNESCO and entitled “The hidden crisis: Armed conflict and education”, expenditure on education 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. While taking due note of the Government’s efforts to improve the functioning of the education system and the progress made in this respect, the Committee encourages the Government to continue its efforts and strengthen measures to increase school attendance rates, especially in secondary education, and reduce school drop-out rates, with a particular focus on girls. It requests the Government to provide information on the results achieved in this respect in its next report.

Article 7. Light work. In its previous comments the Committee noted that, under the terms of section 2 of Order No. 2224, children aged 12 may carry out certain types of light work. Under sections 10 and 11 of the Order, the prior consent of the parents or guardians is required and the labour and social legislation inspector or his legal deputy must also give his written permission, upon presentation of a medical certificate. However, the Committee recalled that Article 7(3) of the Convention provides that the competent authority, apart from determining the activities for which light work may be authorized, shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken.

The Committee notes the Government’s indication that the legislation in force does not contain any exemptions with respect to the minimum age for admission to employment. The Committee requests the Government to indicate in its next report whether Order No. 2224 is still in force. If so, it requests the Government to take the necessary steps to prescribe the number of hours and the conditions in which light work may be performed by children between 12 and 14 years of age.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes with concern 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. The Committee previously noted that, according to ILO statistics for 2000, more than 960,000 children between 10 and 14 years of age (510,000 boys and 450,000 girls) were involved in economic activity. The Committee therefore asked the Government to take steps to improve this situation, especially by the adoption of a national policy designed to ensure the effective abolition of child labour.

The Committee notes with regret that the Government’s report still does not contain any information on the adoption of a national policy designed to ensure the effective abolition of child labour. It notes the Government’s indication that there are no inspection reports which provide any information on the presumed or actual employment of children in enterprises in Congo during the reporting period. However, the Committee notes that UNICEF statistics for 2005–09 reveal that 25 per cent of Congolese children are involved in child labour. Moreover, the Committee notes that, according to the information on the website of the National Centre for Statistics and Economic Studies (CNSEE) (www.cnsee.org), a national household survey (ECOM2) was conducted from February to May 2011. Expressing its concern at the large number of children working below the minimum age in the country, and given the lack of a national policy designed to ensure the effective abolition of child labour, the Committee once again urges the Government to take the necessary steps to ensure the adoption and implementation of such a policy as soon as possible. It requests the Government to provide detailed information in its next report on the measures taken in this respect. The Committee also requests the Government to provide a copy of ECOM2.

Article 3(2). Determination of hazardous types of work. In its previous comments the Committee noted that section 4 of Order No. 2224 of 24 October 1953, which establishes employment exemptions for young workers, determines the nature of the work and the categories of enterprises prohibited for young persons and sets the age limit of the prohibition, prohibits the employment of young persons under 18 years in certain types of hazardous work and includes a list of such types of work. The Committee drew the Government’s attention 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.

The Committee notes the Government’s indication that it is aware of the need 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. Observing that Order No. 2224 was adopted more than 50 years ago, the Committee requests the Government to indicate whether it plans to take measures in the near future to revise the list of types of hazardous work established by Order No. 2224. It requests the Government to provide detailed information in this respect.

Article 3(3). Admission to hazardous work from the age of 16 years. In its previous comments the Committee noted that, under section 5 of Order No. 2224, the employment of young workers under the age of 16 years in certain hazardous types of work is prohibited. In addition, under the terms of section 7 of the Order, labour and social legislation inspectors may require young workers to 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 physically unfit 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 laid down by Article 3(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 abovementioned provisions. However, it reminded the Government that Article 3(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 therefore requested the Government to provide information on the measures taken or envisaged to comply with this requirement.

The Committee notes the Government’s indication that young persons between 16 and 18 years of age are never permitted to perform hazardous work in enterprises. However, the Committee observes that section 5 of Order No. 2224 prohibits certain hazardous types of work for children under 16 years of age, which implies that such work is permitted for young persons over 16 years of age. The Committee therefore requests the Government to clarify whether Order No. 2224 is still in force. If so, it urges the Government to take the necessary steps to ensure that young persons between 16 and 18 years of age, who are permitted to perform hazardous work, receive specific instruction or vocational training in the relevant branch of activity.

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

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

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes with regret 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

The Committee notes that, the Child Protection Act (Act No. 4-2010) was adopted on 14 June 2010. The Committee requests the Government to provide a copy of this Act in its next report.

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. The Committee asked the Government to provide information on the manner in which children not bound by an employment relationship, such as those who are self-employed or work in the informal sector, enjoy the protection laid down by the Convention.

The Committee notes that the Government’s report does not contain any information on this matter. However, it notes that, according to the information contained in a 2009 report on the worst forms of child labour in Congo, published on the website of the UN High Commissioner for Refugees (UNHCR), 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 again reminds the Government that the Convention applies to all branches of economic activity and covers all types of employment or work, whether or not an employment relationship exists and whether or not it is remunerated. The Committee therefore urges the Government to take measures to adapt and strengthen the labour inspection services in order to ensure that children under 14 years of age who are self-employed or work in the informal sector, especially in rural areas, enjoy the protection afforded by the Convention. It requests the Government to supply information on the measures taken and the results achieved in this respect in its next report.

Article 2(3). Age of completion of compulsory schooling. In its previous comments the Committee asked the Government to provide information on the measures taken to increase school enrolment at primary and secondary levels and reduce school repetition and drop-out rates.

The Committee takes due note of the Government’s indication that, to contribute towards combating child labour, the Congolese Government has decided to abolish school fees. The Government also indicates that a number of schools have been built and new teachers are recruited each year. The Committee also notes that the Government undertakes to supply statistics on school enrolment and attendance rates in its next report. The Committee observes that, according to UNICEF statistics for 2005–09, progress has been made with regard to enrolment rates in primary education. According to these statistics, net school attendance rates are now 62 per cent for boys and 56 per cent for girls. Moreover, primary school attendance rates are 86 per cent for boys and 87 per cent for girls. Nevertheless, the Committee observes that the corresponding rates are still relatively low in secondary education (39 per cent for boys and 40 per cent for girls). It also notes that according to the 2011 Education for All Global Monitoring Report, published by UNESCO and entitled “The hidden crisis: Armed conflict and education”, expenditure on education 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. While taking due note of the Government’s efforts to improve the functioning of the education system and the progress made in this respect, the Committee encourages the Government to continue its efforts and strengthen measures to increase school attendance rates, especially in secondary education, and reduce school drop-out rates, with a particular focus on girls. It requests the Government to provide information on the results achieved in this respect in its next report.

Article 7. Light work. In its previous comments the Committee noted that, under the terms of section 2 of Order No. 2224, children aged 12 may carry out certain types of light work. Under sections 10 and 11 of the Order, the prior consent of the parents or guardians is required and the labour and social legislation inspector or his legal deputy must also give his written permission, upon presentation of a medical certificate. However, the Committee recalled that Article 7(3) of the Convention provides that the competent authority, apart from determining the activities for which light work may be authorized, shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken.

The Committee notes the Government’s indication that the legislation in force does not contain any exemptions with respect to the minimum age for admission to employment. The Committee requests the Government to indicate in its next report whether Order No. 2224 is still in force. If so, it requests the Government to take the necessary steps to prescribe the number of hours and the conditions in which light work may be performed by children between 12 and 14 years of age.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes with regret 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. The Committee previously noted that, according to ILO statistics for 2000, more than 960,000 children between 10 and 14 years of age (510,000 boys and 450,000 girls) were involved in economic activity. The Committee therefore asked the Government to take steps to improve this situation, especially by the adoption of a national policy designed to ensure the effective abolition of child labour.

The Committee notes with regret that the Government’s report still does not contain any information on the adoption of a national policy designed to ensure the effective abolition of child labour. It notes the Government’s indication that there are no inspection reports which provide any information on the presumed or actual employment of children in enterprises in Congo during the reporting period. However, the Committee notes that UNICEF statistics for 2005–09 reveal that 25 per cent of Congolese children are involved in child labour. Moreover, the Committee notes that, according to the information on the website of the National Centre for Statistics and Economic Studies (CNSEE) (www.cnsee.org), a national household survey (ECOM2) was conducted from February to May 2011. Expressing its concern at the large number of children working below the minimum age in the country, and given the lack of a national policy designed to ensure the effective abolition of child labour, the Committee once again urges the Government to take the necessary steps to ensure the adoption and implementation of such a policy as soon as possible. It requests the Government to provide detailed information in its next report on the measures taken in this respect. The Committee also requests the Government to provide a copy of ECOM2.

Article 3(2). Determination of hazardous types of work. In its previous comments the Committee noted that section 4 of Order No. 2224 of 24 October 1953, which establishes employment exemptions for young workers, determines the nature of the work and the categories of enterprises prohibited for young persons and sets the age limit of the prohibition, prohibits the employment of young persons under 18 years in certain types of hazardous work and includes a list of such types of work. The Committee drew the Government’s attention 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.

The Committee notes the Government’s indication that it is aware of the need 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. Observing that Order No. 2224 was adopted more than 50 years ago, the Committee requests the Government to indicate whether it plans to take measures in the near future to revise the list of types of hazardous work established by Order No. 2224. It requests the Government to provide detailed information in this respect.

Article 3(3). Admission to hazardous work from the age of 16 years. In its previous comments the Committee noted that, under section 5 of Order No. 2224, the employment of young workers under the age of 16 years in certain hazardous types of work is prohibited. In addition, under the terms of section 7 of the Order, labour and social legislation inspectors may require young workers to 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 physically unfit 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 laid down by Article 3(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 abovementioned provisions. However, it reminded the Government that Article 3(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 therefore requested the Government to provide information on the measures taken or envisaged to comply with this requirement.

The Committee notes the Government’s indication that young persons between 16 and 18 years of age are never permitted to perform hazardous work in enterprises. However, the Committee observes that section 5 of Order No. 2224 prohibits certain hazardous types of work for children under 16 years of age, which implies that such work is permitted for young persons over 16 years of age. The Committee therefore requests the Government to clarify whether Order No. 2224 is still in force. If so, it urges the Government to take the necessary steps to ensure that young persons between 16 and 18 years of age, who are permitted to perform hazardous work, receive specific instruction or vocational training in the relevant branch of activity.

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.

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

The Committee notes 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 comments.

Repetition

The Committee notes that, the Child Protection Act (Act No. 4-2010) was adopted on 14 June 2010. The Committee requests the Government to provide a copy of this Act in its next report.

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. The Committee asked the Government to provide information on the manner in which children not bound by an employment relationship, such as those who are self-employed or work in the informal sector, enjoy the protection laid down by the Convention.

The Committee notes that the Government’s report does not contain any information on this matter. However, it notes that, according to the information contained in a 2009 report on the worst forms of child labour in Congo, published on the website of the UN High Commissioner for Refugees (UNHCR), 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 again reminds the Government that the Convention applies to all branches of economic activity and covers all types of employment or work, whether or not an employment relationship exists and whether or not it is remunerated. The Committee therefore urges the Government to take measures to adapt and strengthen the labour inspection services in order to ensure that children under 14 years of age who are self-employed or work in the informal sector, especially in rural areas, enjoy the protection afforded by the Convention. It requests the Government to supply information on the measures taken and the results achieved in this respect in its next report.

Article 2(3). Age of completion of compulsory schooling. In its previous comments the Committee asked the Government to provide information on the measures taken to increase school enrolment at primary and secondary levels and reduce school repetition and drop-out rates.

The Committee takes due note of the Government’s indication that, to contribute towards combating child labour, the Congolese Government has decided to abolish school fees. The Government also indicates that a number of schools have been built and new teachers are recruited each year. The Committee also notes that the Government undertakes to supply statistics on school enrolment and attendance rates in its next report. The Committee observes that, according to UNICEF statistics for 2005–09, progress has been made with regard to enrolment rates in primary education. According to these statistics, net school attendance rates are now 62 per cent for boys and 56 per cent for girls. Moreover, primary school attendance rates are 86 per cent for boys and 87 per cent for girls. Nevertheless, the Committee observes that the corresponding rates are still relatively low in secondary education (39 per cent for boys and 40 per cent for girls). It also notes that according to the 2011 Education for All Global Monitoring Report, published by UNESCO and entitled “The hidden crisis: Armed conflict and education”, expenditure on education 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. While taking due note of the Government’s efforts to improve the functioning of the education system and the progress made in this respect, the Committee encourages the Government to continue its efforts and strengthen measures to increase school attendance rates, especially in secondary education, and reduce school drop-out rates, with a particular focus on girls. It requests the Government to provide information on the results achieved in this respect in its next report.

Article 7. Light work. In its previous comments the Committee noted that, under the terms of section 2 of Order No. 2224, children aged 12 may carry out certain types of light work. Under sections 10 and 11 of the Order, the prior consent of the parents or guardians is required and the labour and social legislation inspector or his legal deputy must also give his written permission, upon presentation of a medical certificate. However, the Committee recalled that Article 7(3) of the Convention provides that the competent authority, apart from determining the activities for which light work may be authorized, shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken.

The Committee notes the Government’s indication that the legislation in force does not contain any exemptions with respect to the minimum age for admission to employment. The Committee requests the Government to indicate in its next report whether Order No. 2224 is still in force. If so, it requests the Government to take the necessary steps to prescribe the number of hours and the conditions in which light work may be performed by children between 12 and 14 years of age.

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

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

Repetition

Article 1 of the Convention. National policy and application of the Convention in practice. The Committee previously noted that, according to ILO statistics for 2000, more than 960,000 children between 10 and 14 years of age (510,000 boys and 450,000 girls) were involved in economic activity. The Committee therefore asked the Government to take steps to improve this situation, especially by the adoption of a national policy designed to ensure the effective abolition of child labour.

The Committee notes with regret that the Government’s report still does not contain any information on the adoption of a national policy designed to ensure the effective abolition of child labour. It notes the Government’s indication that there are no inspection reports which provide any information on the presumed or actual employment of children in enterprises in Congo during the reporting period. However, the Committee notes that UNICEF statistics for 2005–09 reveal that 25 per cent of Congolese children are involved in child labour. Moreover, the Committee notes that, according to the information on the website of the National Centre for Statistics and Economic Studies (CNSEE) (www.cnsee.org), a national household survey (ECOM2) was conducted from February to May 2011. Expressing its concern at the large number of children working below the minimum age in the country, and given the lack of a national policy designed to ensure the effective abolition of child labour, the Committee once again urges the Government to take the necessary steps to ensure the adoption and implementation of such a policy as soon as possible. It requests the Government to provide detailed information in its next report on the measures taken in this respect. The Committee also requests the Government to provide a copy of ECOM2.

Article 3(2). Determination of hazardous types of work. In its previous comments the Committee noted that section 4 of Order No. 2224 of 24 October 1953, which establishes employment exemptions for young workers, determines the nature of the work and the categories of enterprises prohibited for young persons and sets the age limit of the prohibition, prohibits the employment of young persons under 18 years in certain types of hazardous work and includes a list of such types of work. The Committee drew the Government’s attention 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.

The Committee notes the Government’s indication that it is aware of the need 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. Observing that Order No. 2224 was adopted more than 50 years ago, the Committee requests the Government to indicate whether it plans to take measures in the near future to revise the list of types of hazardous work established by Order No. 2224. It requests the Government to provide detailed information in this respect.

Article 3(3). Admission to hazardous work from the age of 16 years. In its previous comments the Committee noted that, under section 5 of Order No. 2224, the employment of young workers under the age of 16 years in certain hazardous types of work is prohibited. In addition, under the terms of section 7 of the Order, labour and social legislation inspectors may require young workers to 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 physically unfit 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 laid down by Article 3(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 abovementioned provisions. However, it reminded the Government that Article 3(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 therefore requested the Government to provide information on the measures taken or envisaged to comply with this requirement.

The Committee notes the Government’s indication that young persons between 16 and 18 years of age are never permitted to perform hazardous work in enterprises. However, the Committee observes that section 5 of Order No. 2224 prohibits certain hazardous types of work for children under 16 years of age, which implies that such work is permitted for young persons over 16 years of age. The Committee therefore requests the Government to clarify whether Order No. 2224 is still in force. If so, it urges the Government to take the necessary steps to ensure that young persons between 16 and 18 years of age, who are permitted to perform hazardous work, receive specific instruction or vocational training in the relevant branch of activity.

The Committee recalls that it raised 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.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes that, according to the information on the Congo-Brazzaville National Information and Advice Portal (www.congo-site.com), the Child Protection Act (Act No. 4-2010) was adopted on 14 June 2010. The Committee requests the Government to provide a copy of this Act in its next report.

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. The Committee asked the Government to provide information on the manner in which children not bound by an employment relationship, such as those who are self-employed or work in the informal sector, enjoy the protection laid down by the Convention.

The Committee notes that the Government’s report does not contain any information on this matter. However, it notes that, according to the information contained in a 2009 report on the worst forms of child labour in Congo, published on the website of the UN High Commissioner for Refugees (UNHCR), 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 again reminds the Government that the Convention applies to all branches of economic activity and covers all types of employment or work, whether or not an employment relationship exists and whether or not it is remunerated. The Committee therefore urges the Government to take measures to adapt and strengthen the labour inspection services in order to ensure that children under 14 years of age who are self-employed or work in the informal sector, especially in rural areas, enjoy the protection afforded by the Convention. It requests the Government to supply information on the measures taken and the results achieved in this respect in its next report.

Article 2(3). Age of completion of compulsory schooling. In its previous comments the Committee asked the Government to provide information on the measures taken to increase school enrolment at primary and secondary levels and reduce school repetition and drop-out rates.

The Committee takes due note of the Government’s indication that, to contribute towards combating child labour, the Congolese Government has decided to abolish school fees. The Government also indicates that a number of schools have been built and new teachers are recruited each year. The Committee also notes that the Government undertakes to supply statistics on school enrolment and attendance rates in its next report. The Committee observes that, according to UNICEF statistics for 2005–09, progress has been made with regard to enrolment rates in primary education. According to these statistics, net school attendance rates are now 62 per cent for boys and 56 per cent for girls. Moreover, primary school attendance rates are 86 per cent for boys and 87 per cent for girls. Nevertheless, the Committee observes that the corresponding rates are still relatively low in secondary education (39 per cent for boys and 40 per cent for girls). It also notes that according to the 2011 Education for All Global Monitoring Report, published by UNESCO and entitled “The hidden crisis: Armed conflict and education”, expenditure on education 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. While taking due note of the Government’s efforts to improve the functioning of the education system and the progress made in this respect, the Committee encourages the Government to continue its efforts and strengthen measures to increase school attendance rates, especially in secondary education, and reduce school drop-out rates, with a particular focus on girls. It requests the Government to provide information on the results achieved in this respect in its next report.

Article 7. Light work. In its previous comments the Committee noted that, under the terms of section 2 of Order No. 2224, children aged 12 may carry out certain types of light work. Under sections 10 and 11 of the Order, the prior consent of the parents or guardians is required and the labour and social legislation inspector or his legal deputy must also give his written permission, upon presentation of a medical certificate. However, the Committee recalled that Article 7(3) of the Convention provides that the competent authority, apart from determining the activities for which light work may be authorized, shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken.

The Committee notes the Government’s indication that the legislation in force does not contain any exemptions with respect to the minimum age for admission to employment. The Committee requests the Government to indicate in its next report whether Order No. 2224 is still in force. If so, it requests the Government to take the necessary steps to prescribe the number of hours and the conditions in which light work may be performed by children between 12 and 14 years of age.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. The Committee previously noted that, according to ILO statistics for 2000, more than 960,000 children between 10 and 14 years of age (510,000 boys and 450,000 girls) were involved in economic activity. The Committee therefore asked the Government to take steps to improve this situation, especially by the adoption of a national policy designed to ensure the effective abolition of child labour.

The Committee notes with regret that the Government’s report still does not contain any information on the adoption of a national policy designed to ensure the effective abolition of child labour. It notes the Government’s indication that there are no inspection reports which provide any information on the presumed or actual employment of children in enterprises in Congo during the reporting period. However, the Committee notes that UNICEF statistics for 2005–09 reveal that 25 per cent of Congolese children are involved in child labour. Moreover, the Committee notes that, according to the information on the website of the National Centre for Statistics and Economic Studies (CNSEE) (www.cnsee.org), a national household survey (ECOM2) was conducted from February to May 2011. Expressing its concern at the large number of children working below the minimum age in the country, and given the lack of a national policy designed to ensure the effective abolition of child labour, the Committee once again urges the Government to take the necessary steps to ensure the adoption and implementation of such a policy as soon as possible. It requests the Government to provide detailed information in its next report on the measures taken in this respect. The Committee also requests the Government to provide a copy of ECOM2.

Article 3(2). Determination of hazardous types of work. In its previous comments the Committee noted that section 4 of Order No. 2224 of 24 October 1953, which establishes employment exemptions for young workers, determines the nature of the work and the categories of enterprises prohibited for young persons and sets the age limit of the prohibition, prohibits the employment of young persons under 18 years in certain types of hazardous work and includes a list of such types of work. The Committee drew the Government’s attention 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.

The Committee notes the Government’s indication that it is aware of the need 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. Observing that Order No. 2224 was adopted more than 50 years ago, the Committee requests the Government to indicate whether it plans to take measures in the near future to revise the list of types of hazardous work established by Order No. 2224. It requests the Government to provide detailed information in this respect.

Article 3(3). Admission to hazardous work from the age of 16 years. In its previous comments the Committee noted that, under section 5 of Order No. 2224, the employment of young workers under the age of 16 years in certain hazardous types of work is prohibited. In addition, under the terms of section 7 of the Order, labour and social legislation inspectors may require young workers to 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 physically unfit 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 laid down by Article 3(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 abovementioned provisions. However, it reminded the Government that Article 3(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 therefore requested the Government to provide information on the measures taken or envisaged to comply with this requirement.

The Committee notes the Government’s indication that young persons between 16 and 18 years of age are never permitted to perform hazardous work in enterprises. However, the Committee observes that section 5 of Order No. 2224 prohibits certain hazardous types of work for children under 16 years of age, which implies that such work is permitted for young persons over 16 years of age. The Committee therefore requests the Government to clarify whether Order No. 2224 is still in force. If so, it urges the Government to take the necessary steps to ensure that young persons between 16 and 18 years of age, who are permitted to perform hazardous work, receive specific instruction or vocational training in the relevant branch of activity.

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

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

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 1 of the Convention and Part V of the report form. National policy and 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 noted that, in its concluding observations on the initial report of Congo of October 2006 (CRC/C/COG/CO/1, paragraphs 79–80), the Committee on the Rights of the Child was concerned at the lack of data on the issue of economic exploitation of children. It has also expressed concern at information according to which children, in particular, indigenous children, are exploited economically. The Committee on the Rights of the Child urged Congo to develop and implement a comprehensive plan of action to prevent and combat child labour. Noting the absence of information on this point in the Government’s report, the Committee once again expressed its concern at the situation of young children who are forced to work out of personal necessity in Congo. Consequently, the Committee urges the Government to take measures 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 requests the Government to provide information on the way in which the Convention is applied in practice, including, for example, statistical data, disaggregated by gender and age, on the nature, extent and evolution of the labour performed by working children and young persons under the minimum age specified by the Government at the time of ratification, as well as extracts from inspection service reports.

Article 2(1). Scope of application. In its previous comments, the Committee noted that 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. Noting the absence of information in the Government’s report, the Committee once again 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 protection laid down by the Convention. In this regard, the Committee asks the Government to envisage the possibility of taking measures to adapt and reinforce the labour inspection services to ensure the application of this protection.

Article 2(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 considered that, 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. Furthermore, there are fewer children enrolling in school and there is a shortage of teachers and teaching materials. The Committee had also noted 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 active in one way or another.

The Committee noted that, in its concluding observations of October 2006 (CRC/C/COG/CO/1, paragraphs 68–69), the Committee on the Rights of the Child expressed its concern at the large number of repetition and drop-outs, overcrowded schools and low attendance in secondary school. The Committee on the Rights of the Child was also concerned about the low number of children graduating from primary school and the lack of vocational training for children, in particular, those who drop out of school. Finally, it expressed its concern at the limited access of indigenous children to education. The Committee notes that, according to the Education for All Global Monitoring Report of 2008, published by UNESCO and titled “Education for All in 2015: Will We Make It?”, Congo has progressed in terms of gross ratios of admission to primary education and has a high chance of achieving the target of universal literacy by 2015. However, according to this report, Congo is at risk of not achieving the objective of gender parity in secondary education. Furthermore, more than 20 per cent of primary school students repeat a school year. The Committee further noted that, according to the information available on the UNICEF website (www.unicef.org/infobycountry/congo
_statistics.html), the 2005–06 net primary school enrolment ratios are 48 per cent for girls and 40 per cent for boys. The net enrolment ratios for secondary school are not available.

While noting that some progress was made as concerns the gross primary school enrolment rates, the Committee nevertheless observed that these ratios remain low. The Committee pointed out that poverty is one of the main causes of child labour which, combined with a weak education system, hampers the development of children. Considering that compulsory schooling is one of the most effective means of combating child labour, the Committee encourages the Government to redouble its efforts to improve the education system in Congo. In this regard, it requests the Government to provide information on the measures taken to increase school attendance, at both primary and secondary levels, and reduce school drop-out rates and repetition rates, by paying special attention to inequalities in access to education based on gender or ethnic and socio-economic criteria. The Committee further requests the Government to intensify its efforts to combat child labour by strengthening the measures permitting working children to enter the school system, formal or informal, or vocational training, as long as the minimum age criteria are respected.

Article 3(2). Determination of types of hazardous work. In its previous comments, the Committee had 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 had also noted that this very same provision includes a list of types of hazardous work. It had noted, however, that Order No. 2224 was adopted over 50 years ago. Noting that the Government does not provide information on this issue, the Committee once again 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. In this regard, the Committee once again requests the Government to indicate whether Order No. 2224 is still in effect. If so, it requests the Government to indicate if it plans to take to take measures to revise the list of hazardous work included in Order No. 2224.

Article 3(3). Admission to hazardous work from the age of 16 years. The Committee had previously 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 had 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 had noted that the condition contained in Article 3(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 had recalled, however, that Article 3(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 observed that the Government’s report contains no information in this regard. The Committee thus once again 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. In its previous comments, the Committee had noted 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 had 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 had recalled that, apart from the activities for which light work may be authorized, Article 7(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. Noting the absence of information in the Government’s report, the Committee once again 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.

Finally, the Committee noted the information supplied by the Government in its report under Convention No. 182 according to which a Labour Code pilot study is currently being drafted. The Committee expresses the hope that the Government will take the necessary measures to include the abovementioned issues in the draft Labour Code pilot study and requests it to provide information on any new progress made in this regard.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes 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 1 of the Convention and Part V of the report form. National policy and 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 notes that, in its concluding observations on the initial report of Congo of October 2006 (CRC/C/COG/CO/1, paragraphs 79–80), the Committee on the Rights of the Child was concerned at the lack of data on the issue of economic exploitation of children. It has also expressed concern at information according to which children, in particular, indigenous children, are exploited economically. The Committee on the Rights of the Child urged Congo to develop and implement a comprehensive plan of action to prevent and combat child labour. Noting the absence of information on this point in the Government’s report, the Committee once again expresses its concern at the situation of young children who are forced to work out of personal necessity in Congo. Consequently, the Committee urges the Government to take measures 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 requests the Government to provide information on the way in which the Convention is applied in practice, including, for example, statistical data, disaggregated by gender and age, on the nature, extent and evolution of the labour performed by working children and young persons under the minimum age specified by the Government at the time of ratification, as well as extracts from inspection service reports.

Article 2, paragraph 1. Scope of application. In its previous comments, the Committee noted that 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. Noting the absence of information in the Government’s report, the Committee once again 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 protection laid down by the Convention. In this regard, the Committee asks the Government to envisage the possibility of taking measures to adapt and reinforce the labour inspection services to ensure the application of this protection.

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 considered that, 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. Furthermore, there are fewer children enrolling in school and there is a shortage of teachers and teaching materials. The Committee had also noted 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 active in one way or another.

The Committee notes that, in its concluding observations of October 2006 (CRC/C/COG/CO/1, paragraphs 68–69), the Committee on the Rights of the Child expressed its concern at the large number of repetition and drop-outs, overcrowded schools and low attendance in secondary school. The Committee on the Rights of the Child was also concerned about the low number of children graduating from primary school and the lack of vocational training for children, in particular, those who drop out of school. Finally, it expressed its concern at the limited access of indigenous children to education. The Committee notes that, according to the Education for All Global Monitoring Report of 2008, published by UNESCO and titled “Education for All in 2015: Will We Make It?”, Congo has progressed in terms of gross ratios of admission to primary education and has a high chance of achieving the target of universal literacy by 2015. However, according to this report, Congo is at risk of not achieving the objective of gender parity in secondary education. Furthermore, more than 20 per cent of primary school students
repeat a school year. The Committee further notes that, according to
the information available on the UNICEF web site (www.unicef.org/infobycountry/congo_statistics.html), the 2005–06 net primary school enrolment ratios are 48 per cent for girls and 40 per cent for boys. The net enrolment ratios for secondary school are not available.

While noting that some progress was made as concerns the gross primary school enrolment rates, the Committee nevertheless observes that these ratios remain low. The Committee points out that poverty is one of the main causes of child labour which, combined with a weak education system, hampers the development of children. Considering that compulsory schooling is one of the most effective means of combating child labour, the Committee encourages the Government to redouble its efforts to improve the education system in Congo. In this regard, it requests the Government to provide information on the measures taken to increase school attendance, at both primary and secondary levels, and reduce school drop-out rates and repetition rates, by paying special attention to inequalities in access to education based on gender or ethnic and socio-economic criteria. The Committee further requests the Government to intensify its efforts to combat child labour by strengthening the measures permitting working children to enter the school system, formal or informal, or vocational training, as long as the minimum age criteria are respected.

Article 3, paragraph 2. Determination of types of hazardous work. In its previous comments, the Committee had 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 had also noted that this very same provision includes a list of types of hazardous work. It had noted, however, that Order No. 2224 was adopted over 50 years ago. Noting that the Government does not provide information on this issue, the Committee once again 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. In this regard, the Committee once again requests the Government to indicate whether Order No. 2224 is still in effect. If so, it requests the Government to indicate if it plans to take to take measures to revise the list of hazardous work included in Order No. 2224.

Article 3, paragraph 3. Admission to hazardous work from the age of 16 years. The Committee had previously 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 had 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 had noted that the condition contained in Article 3(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 had recalled, however, that Article 3(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 observes that the Government’s report contains no information in this regard. The Committee thus once again 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. In its previous comments, the Committee had noted 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 had 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 had recalled that, apart from the activities for which light work may be authorized, Article 7(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. Noting the absence of information in the Government’s report, the Committee once again 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.

Finally, the Committee notes the information supplied by the Government in its report under Convention No. 182 according to which a Labour Code pilot study is currently being drafted. The Committee expresses the hope that the Government will take the necessary measures to include the abovementioned issues in the draft Labour Code pilot study and requests it to provide information on any new progress made in this regard.

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

The Committee notes the Government’s second report and draws its attention to the following points.

Article 1 of the Convention and Part V of the report form. National policy and 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 notes that, in its concluding observations on the initial report of Congo of October 2006 (CRC/C/COG/CO/1, paragraphs 79–80), the Committee on the Rights of the Child was concerned at the lack of data on the issue of economic exploitation of children. It has also expressed concern at information according to which children, in particular, indigenous children, are exploited economically. The Committee on the Rights of the Child urged Congo to develop and implement a comprehensive plan of action to prevent and combat child labour. Noting the absence of information on this point in the Government’s report, the Committee once again expresses its concern at the situation of young children who are forced to work out of personal necessity in Congo. Consequently, the Committee urges the Government to take measures 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 requests the Government to provide information on the way in which the Convention is applied in practice, including, for example, statistical data, disaggregated by gender and age, on the nature, extent and evolution of the labour performed by working children and young persons under the minimum age specified by the Government at the time of ratification, as well as extracts from inspection service reports.

Article 2, paragraph 1. Scope of application. In its previous comments, the Committee noted that 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. Noting the absence of information in the Government’s report, the Committee once again 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 protection laid down by the Convention. In this regard, the Committee asks the Government to envisage the possibility of taking measures to adapt and reinforce the labour inspection services to ensure the application of this protection.

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 considered that, 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. Furthermore, there are fewer children enrolling in school and there is a shortage of teachers and teaching materials. The Committee had also noted 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 active in one way or another.

The Committee notes that, in its concluding observations of October 2006 (CRC/C/COG/CO/1, paragraphs 68–69), the Committee on the Rights of the Child expressed its concern at the large number of repetition and drop-outs, overcrowded schools and low attendance in secondary school. The Committee on the Rights of the Child was also concerned about the low number of children graduating from primary school and the lack of vocational training for children, in particular, those who drop out of school. Finally, it expressed its concern at the limited access of indigenous children to education. The Committee notes that, according to the Education for All Global Monitoring Report of 2008, published by UNESCO and titled “Education for All in 2015: Will We Make It?”, Congo has progressed in terms of gross ratios of admission to primary education and has a high chance of achieving the target of universal literacy by 2015. However, according to this report, Congo is at risk of not achieving the objective of gender parity in secondary education. Furthermore, more than 20 per cent of primary school students repeat a school year. The Committee further notes that, according to the information available on the UNICEF web site (http://www.unicef.org/infobycountry/congo_statistics.html), the 2005–06 net primary school enrolment ratios are 48 per cent for girls and 40 per cent for boys. The net enrolment ratios for secondary school are not available.

While noting that some progress was made as concerns the gross primary school enrolment ratios, the Committee nevertheless observes that these ratios remain low. The Committee points out that poverty is one of the main causes of child labour which, combined with a weak education system, hampers the development of children. Considering that compulsory schooling is one of the most effective means of combating child labour, the Committee encourages the Government to redouble its efforts to improve the education system in Congo. In this regard, it requests the Government to provide information on the measures taken to increase school attendance, at both primary and secondary levels, and reduce school drop-out rates and repetition rates, by paying special attention to inequalities in access to education based on gender or ethnic and socio-economic criteria. The Committee further requests the Government to intensify its efforts to combat child labour by strengthening the measures permitting working children to enter the school system, formal or informal, or vocational training, as long as the minimum age criteria are respected.

Article 3, paragraph 2. Determination of types of hazardous work. In its previous comments, the Committee had 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 had also noted that this very same provision includes a list of types of hazardous work. It had noted, however, that Order No. 2224 was adopted over 50 years ago. Noting that the Government does not provide information on this issue, the Committee once again 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. In this regard, the Committee once again requests the Government to indicate whether Order No. 2224 is still in effect. If so, it requests the Government to indicate if it plans to take to take measures to revise the list of hazardous work included in Order No. 2224.

Article 3, paragraph 3. Admission to hazardous work from the age of 16 years. The Committee had previously 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 had 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 had 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 had 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 observes that the Government’s report contains no information in this regard. The Committee thus once again 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. In its previous comments, the Committee had noted 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 had 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 had 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. Noting the absence of information in the Government’s report, the Committee once again 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.

Finally, the Committee notes the information supplied by the Government in its report under Convention No. 182 according to which a Labour Code pilot study is currently being drafted. The Committee expresses the hope that the Government will take the necessary measures to include the abovementioned issues in the draft Labour Code pilot study and requests it to provide information on any new progress made in this regard.

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

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.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes 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 notes 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 notes that, by virtue of this provision, the Labour Code only applies to an employment relationship. The Committee recalls 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 notes that, by virtue of section 23 of the Constitution, schooling is compulsory until the age of 16 years. The Committee notes 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, that 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 considers 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 notes 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 notes 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 notes 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 notes 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 notes 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 recalls, 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 notes that the Government has not availed itself of this provision of the Convention. The Committee notes 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 notes 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 recalls 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 notes 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 is 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.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the Government’s first report.

Article 2, paragraph 1, of the Convention. Scope of application. The Committee notes 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 notes that, by virtue of this provision, the Labour Code only applies to an employment relationship. The Committee recalls 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 notes that, by virtue of section 23 of the Constitution, schooling is compulsory until the age of 16 years. The Committee notes 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, that 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 considers 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 2, paragraph 5. Specification of the minimum age of admission to employment or work at 14 years. The Committee notes that, when ratifying the Convention, Congo specified, after consultation with organizations of employers and workers, a minimum age of admission to employment or work of 14 years, in accordance with Article 2, paragraph 4, of the Convention. It refers to Article 2, paragraph 5, of the Convention, according to which each Member which has specified a minimum age of 14 years shall include in its reports submitted under article 22 of the Constitution of the International Labour Organization a statement that its reason for doing so subsists.

Article 3, paragraph 2. Determination of types of hazardous work. The Committee notes 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 notes 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 notes 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 notes 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 notes 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 recalls, 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 6. Apprenticeship and vocational training. The Committee notes that section 116 of the Labour Code prohibits the employment of children under 16 years, even as apprentices, except when an exemption has been granted by the Minister of National Education, following authorization by the labour inspector. It also notes that, by virtue of section 5 of the Labour Code, "the apprenticeship contract is one by which the manager of an industrial, commercial or agricultural establishment, an artisan or a craftsman undertakes to provide, or have provided, methodical and complete vocational training to another person and through which this person is obliged in return to obey the instructions he receives and to carry out the work entrusted to him in view of his apprenticeship". Moreover, under the terms of section 11 of the Labour Code, "the apprentice must be at least 16 years of age. He shall benefit from the provisions relative to child labour and the regulations concerning the weekly rest, the protection of workers, working hours, hygiene and safety and compensation for occupational accidents". The Committee requests the Government to forward information on the working conditions of apprentices in practice and consultations with the organizations of employers and workers concerned.

Article 7. Light work. The Committee notes that the Government has not availed itself of this provision of the Convention. The Committee notes 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 notes 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 recalls 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 8. Artistic performances. The Committee notes that the national legislation does not seem to contain provisions governing artistic performances. It recalls that Article 8 of the Convention allows for the possibility of granting, as an exemption to the minimum age of admission to employment or work, individual work permits allowing participation in such activities as artistic performances. Such permits shall limit the number of hours of employment or work authorized and shall prescribe the conditions.

Article 1 and Part V of the report form. Practical application of the Convention. The Committee notes 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 is 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.