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

Individual Case (CAS) - Discussion: 2017, Publication: 106th ILC session (2017)



A Government representative said that the Government recognized the presence of children in certain artisanal mines, particularly in the provinces of Katanga, North Kivu and South Kivu. However, he recalled that the Democratic Republic of the Congo (DRC) was a post-conflict country which had experienced wars and armed conflict for over two decades, which had destroyed its economic fabric, with the loss of many jobs, an increase in the number of poor workers, the displacement of populations and a high rate of school drop-outs. Nevertheless, since 2001, efforts had been made by the Government to eliminate the worst forms of child labour. These efforts had included the adoption of the following legislative measures and regulations: (i) an increase from 16 to 18 years of the age at which young persons could enter into contracts (section 6 of the Labour Code, as amended in 2016); (ii) the abolition of the automatic emancipation of minors as a result of marriage (section 352 of the Family Code, as amended in 2016); (iii) an awareness-raising campaign in schools against early marriage; (iv) the adoption in 2014 of a Framework Act on the national education system providing for free and compulsory basic education; (v) the adoption in 2016 of an Act setting out the rules for the general social security scheme; and (vi) the appointment of a Special Advisor to the Head of State on action to combat sexual violence and the recruitment of children into the armed forces. Following the dialogue with the United Nations, the Government had signed on 4 October 2012 the Plan of Action to combat the recruitment and use of children in armed conflict and other serious violations of the rights of the child by the armed forces and security services. An Inter-ministerial Committee had also been established on the issue of work by children in mines and mining sites. The inter-ministerial Committee was responsible for advising the competent ministries and services, ensuring the coordination of the various initiatives adopted on this issue and raising the matter with organizations such as the Organisation for Economic Co-operation and Development (OECD), the United Nations Children’s Fund (UNICEF) and the ILO. It had developed a triennial plan of action for the period 2017–20, with the general objective of coordinating action on the ground with a view to bringing an end to the presence of children in mining. The plan of action also established the following five specific objectives: (i) following up and evaluating the implementation of action to combat child labour in mines and mining sites; (ii) monitoring the presence of children in mines and mining sites; (iii) strengthening the application of measures for the removal of children from mining supply chains; (iv) implementing the remedial measures proposed on the ground by the competent ministries and services; and (v) developing a communication strategy. He called for the mobilization of the international community around the issue of the recruitment and use of children by armed groups, as well as in mines and mining sites, with a view to identifying those responsible and envisaging the adoption of sanctions against those perpetrating such exploitation, the causes of which were essentially exogenous.

The Employer members felt appalled and saddened by the suffering of vulnerable persons, in particular children, in the country. Children were working in mines in conditions similar to slavery for identified persons or companies in the provinces of Katanga, East Kasai and North Kivu. They highlighted one case in particular where, according to the report of the United Nations Stabilization Mission in the Democratic Republic of the Congo (MONUSCO) of January 2011, a battalion commander of the Armed Forces of the Democratic Republic of the Congo (FARDC) had made use for gain of the forced labour of children in mines in North Kivu. Despite the adoption of Act No. 09/001 of 10 January 2009, section 187 of which established a penalty of penal servitude of ten to 20 years for the enrolment or use of children under 18 years of age in the armed forces and groups and the police, it remained unclear whether this army commander had been punished, arrested or dealt with in any way by the authorities. This person was possibly still in the army benefiting from the related privileges, whereas the Government should have set an example a long time ago in this specific case. The Employer members underlined that the adoption of the above Act was insufficient, and that it was necessary to give effect to the adopted Act in order to achieve genuine progress. The Committee on the Rights of the Child (CRC), in its concluding observations of 10 February 2009, had expressed concern that the enacted laws were not always followed by the issuance of appropriate implementing decrees, that law enforcement mechanisms were weak and that no activities had been carried out to raise awareness of these laws which were, consequently, not applied or implemented. The Employer members urged the Government to effectively enforce the existing laws in relation to child labour. While recognizing the complex situation of armed conflict prevailing in the country for over a decade, they did not consider that the international community was making excessive requests to the Government. According to a 2011 report on trafficking in persons of the United Nations High Commissioner for Refugees (UNHCR), Congolese girls were the victims of forced prostitution in improvised brothels and in camps, and also in the vicinity of mines and markets. Moreover, 50,000 children were working in mines, and armed groups frequently abducted and trafficked vulnerable persons, especially children. They indicated that according to the 2010 report of the United Nations Secretary-General on children and armed conflict in the Democratic Republic of the Congo, 1,593 cases of the recruitment of children had been reported between October 2008 and December 2009, including 1,235 in 2009. The Employer members emphasized that, according to the same source, 42 per cent of the total number of cases of recruitment reported had been attributed to the FARDC. Evidence showed that the FARDC and the Congolese National Police were at the epicentre of the problem, and the Government should act urgently and decisively in this respect. They called on the Government to follow up on the enactment of laws with effective measures against child labour. The Government should rehabilitate and treat the children in the country as if they were their own children.

The Worker members emphasized that this case had been discussed by the Committee on several occasions and that each year the DRC was the scene of terrible violations against innocent children. The Government once again needed to be urged, as in 2009, to take, on the most urgent basis, immediate and effective measures to eliminate forced and hazardous work by children under 18 years of age. The legislative provisions that it had adopted, and particularly Act No. 09/001 of 2009 and Legislative Decree No. 066 of 2000 on the demobilization and reintegration of vulnerable groups present in the armed forces, had not been sufficient to ensure that no children were recruited as child soldiers. According to a UNICEF report in 2015, around 80 children had lost their lives in violence related to armed conflict, 60 had been mutilated, 195 abducted and 487 enrolled in armed groups. Between January 2012 and August 2013, MONUSCO had documented the recruitment of 996 children by armed groups in the country. In its concluding observations of 2009, the CRC had found that the State, through its armed forces, bore direct responsibility for violations of the rights of the child and that it had failed to protect children and prevent such violations. In addition to armed groups, the FARDC was also responsible for the systematic recruitment into its ranks of children (42 per cent of the children recruited, according to a 2009 report by the Secretary-General of the United Nations). The Government’s action was contradictory as, on the one hand, it was carrying out reforms intended to prevent further recruitment and to punish violations, while on the other hand, it allowed the police and the armed forces, not only to recruit child soldiers, but also to use physical and sexual violence against them, with the perpetrators enjoying impunity. The FARDC has been responsible for half of the murders of children committed in 2010, many mutilations of children and 67 cases of sexual violence over the same period. Despite the legislation that existed, no prosecutions had been initiated, thereby guaranteeing the total impunity of those responsible for these atrocities and sending the message that they could continue to commit such acts. The names of those responsible, such as that of a former colonel of the FARDC, were of public notoriety. The United Nations had collected many witness statements concerning the murder of children who had been recruited, acts similar to torture and inhumane and degrading treatment. The Government had sufficient information to open investigations and to prosecute those presumed to be responsible for these atrocities. Children were also exposed to the worst forms of child labour in the mines of Katanga and East Kasai, where around 40,000 children were working under the oversight of military units on mineral extraction. They worked in mines for up to 12 hours a day, for US$1 or $2, in extremely hot temperatures, without the slightest protection and in contact with high concentrations of cobalt. The national legislation prohibited forced labour, but it was the absence of enforcement of the respective provisions that gave rise to problems, particularly in view of the ineffectiveness and incompetence of the labour inspection services. The national plan of action to combat the worst forms of child labour in mines by 2020, which had been adopted by the Government in 2015, had not resulted in progress in terms of the improvement of labour inspection and the number of children subject to forced labour practices. The penalties applicable for the use of forced or compulsory labour were weak and did not have a dissuasive effect. There were also many other structural problems, including decentralization, the lack of resources and poor coordination. The 2009 Act on the protection of children established the right to free and compulsory education for all children, but in the absence of public financing, most schools that had not been closed or destroyed continued to charge school fees. Certain children were forcibly enrolled in their schools, while others were the victims of sexual violence on the way to school. There were also nearly 30,000 street children in the country without shelter or protection, most of whom were in Kinshasa. According to UNICEF, many young girls, sometimes under 10 years of age, were engaged in prostitution. Thousands of future adults would therefore be marked for life and denied any prospect of physical or psychological development, as the Government was showing itself to be incapable of “preventing the engagement of children in the worst forms of child labour”, or of “removing children from the worst forms of child labour” and providing for “their rehabilitation and social integration” (Article 7(2) of the Convention). Despite certain improvements, many children continued to be recruited and the FARDC systematically prohibited access to their camps by investigators from the various international organizations and missions. As a result of such refusals, out of 50 attempts at screening by MONUSCO with a view to the demobilization of children under 18 years of age, it had only been possible to demobilize five children. It was also commonplace to “re-mobilize” children who had been demobilized. No firm and lasting results would be achieved for as long as the members of the FARDC enjoyed such autonomy and impunity. It was therefore essential for the Government to make every effort not only to implement programmes for the eradication of child labour and the demobilization of children, but also to ensure that its own army was not committing the atrocities that it was officially supposed to combat. The Government therefore needed to take measures, as a matter of the greatest urgency, to demobilize immediately and fully all children in the ranks of the FARDC and to bring an end to the forced recruitment of children under 18 years of age by armed groups. Recalling Security Council Resolution No. 1998 of 12 July 2011, the Worker members called on the Government to take effective measures to ensure that in-depth investigations were conducted and that prosecutions were brought to a conclusion, accompanied with sufficiently dissuasive penalties, including against officers of the regular armed forces.

The Employer member of the Democratic Republic of the Congo recalled that Congolese employers had always respected ILO instruments and ensured that they were enforced. Child labour in mines was chiefly due to traffickers and operators of mines in the informal sector whom the Government was taking steps to combat. The forced recruitment of children by the armed forces was news to no one, and had been well documented by MONUSCO. When examining why massive numbers of children were working in mines, it needed to be taken into account that the main product, coltan, was used in the cutting-edge information technology industry. Children were not being exploited by Congolese enterprises, but rather by armed groups that were taking advantage of the war. Nor was it possible to control multinational enterprises that came from abroad.

The Worker member of the Democratic Republic of the Congo referred to the political crisis gripping the country, which was caused by armed conflicts between loyalist forces and rebels and gave rise to instability and human rights violations. The expansion of small-scale mining in Katanga was now a means of subsistence for very large numbers of people, particularly following the collapse of the largest publicly owned mining concern. Children were gathering the cobalt discarded by many of the industrial mines located in the province, usually without the permission of the enterprises, and then the mineral was washed, sifted and sorted in water courses and lakes. He also referred to an inquiry carried out by Amnesty International and African Resources Watch at five mining sites in Katanga. Among the health risks identified were a potentially fatal lung disease, known as “hard metal lung disease”, as well as respiratory sensitization, asthma, shortness of breath and decreased pulmonary function. The majority of miners worked long hours in contact with cobalt and lacked even the most basic protective equipment. Moreover, the current legal framework contained no provisions on health protection for small-scale miners. In 2014, UNICEF had estimated that around 40,000 children were working in the mines in the south of the country. The work they did was particularly arduous. For a daily wage of between $1 and $2, they worked 12 hours a day carrying heavy loads in high temperatures or rain. They were sometimes beaten. Although the right to free and compulsory primary education for all children was established in law, the majority of schools continued to require a contribution, as State funding was insufficient. Furthermore, the labour inspectorate did not have the necessary powers. The Government should ensure the establishment of an effective system to eradicate the worst forms of child labour and make primary schooling a priority. The plan of action had not been officially adopted or endorsed by the Government. With regard to child soldiers, despite the existence of legal provisions governing their demobilization, follow-up mechanisms posed many problems due to the lack of adequate funding.

The Government member of Malta, speaking on behalf of the European Union (EU) and its Member States, as well as Bosnia and Herzegovina, Montenegro and Norway, reaffirmed the commitment to the promotion of the universal ratification and implementation of the eight fundamental Conventions as part of the EU Strategic Framework on Human Rights, and to the eradication of child labour, especially in its worst forms. Recalling the commitment made by the DRC under the Cotonou Agreement, the framework for cooperation with the EU, to respect democracy, the rule of law and human rights, which included the abolition of child labour and compliance with the Convention, he regretted that the Government had not submitted its report in time for examination by the Committee of Experts, which had been bound to repeat its comments since 2011. He welcomed the efforts made by the Government, such as the adoption of the 2012 Plan of Action, thereby indicating its commitment to end the recruitment and use of children in armed conflict. It should be noted that in 2015, no case of child recruitment by the FARDC had been documented by the United Nations monitoring and reporting mechanism and that, in order to prevent new cases of enrolment, the Government had adopted a new procedure in 2016 that required age verification of FARDC members. It was critical for the national forces to be exemplary in this respect. However, child recruitment by armed groups continued and jeopardized the future of children, especially young girls. He also noted with deep concern the persistent phenomenon of child labour in mines and the use of children by armed groups, sometimes under reported FARDC supervision, for the extraction of minerals. In light of the above, he called on the Government to take the following measures: (i) prevent the enrolment of children in the regular forces or armed groups, as well as forced or hazardous child labour in mines, including through measures such as awareness raising and basic education for all; (ii) ensure the demobilization of children enrolled in armed groups; (iii) ensure the investigation and prosecution of persons recruiting children either in armed groups or to work in mines; and (iv) ensure the social reintegration and rehabilitation of these children and in particular child soldiers, while giving special attention to girls. Lastly, he reaffirmed the ongoing commitment to cooperation and partnership with the DRC.

The Worker member of Canada described child labour in the mines of the DRC as a terrible reality. According to a 2014 estimate by UNICEF, 40,000 young boys and girls were used for dangerous mining activities, and military units recruited children for forced labour, in particular the extraction of natural resources, primarily cobalt. The country produced at least 50 per cent of the world’s cobalt used in lithium-ion batteries. Moreover, the working conditions at mining sites were atrocious. The children worked under dangerous and unsanitary conditions exposing them to fatal injuries and diseases, without breaks, and for a remuneration of US$1–$2 per day. Against this background, she found it scandalous that the Committee of Experts was forced to repeat its requests for information every year, including regarding inspection statistics. A key measure for the enforcement of labour legislation was the existence of a strong and independent labour inspectorate to ensure workplace compliance with laws and regulations, such as those defining minimum age and hazardous work. Labour inspectors needed to be trained and well paid so as to avoid corruption sustaining illegal practices. These were essential efforts that governments could make in their commitment to combating the worst forms of child labour. While the national law might be in line with the Convention, she emphasized the need for political will, good governance and commitment to enforce the law. There was no evidence of the Government’s political will without labour inspection reports, data and statistics, transparency and responses to the Committee of Experts’ comments. She urged the Government to find the political will to enforce its legislation to bring to an end the worst forms of child labour.

The Government member of Switzerland supported the statement by the European Union. Child labour and, more specifically, the use of children in armed conflict were disturbing phenomena. She hoped that the Government would report on the activities undertaken to ensure the protection of children and compliance with the Convention as soon as possible. She encouraged the Government to continue the efforts made to prosecute those who had taken part in serious violations of the rights of children and to redouble its efforts to remove children from work in mines. The Government also needed to take the necessary measures to guarantee the demobilization of children enlisted in the FARDC, the ending of all recruitment of children and their rehabilitation and social reintegration.

The Worker member of Nigeria, also speaking on behalf of the Southern African Trade Union Coordinating Council (SATUCC), stated that the Committee of Experts’ observation that access to education in the eastern DRC was hindered by armed conflict had been confirmed by children reporting kidnappings, forced enrolments, beatings and rapes in school. The Government had failed to protect these children and was still failing to do so. Furthermore, he denounced the fact that only 29 per cent of children in rural areas and 24 per cent in urban areas were registered at birth. Inability to prove citizenship exposed non-registered children to difficulties in accessing services such as education, and thus rendered them more vulnerable to recruitment into armed conflict. Moreover, the Government needed to take urgent and robust measures to address the plight of internally displaced persons, especially in the east, where almost half of the population was under 18 years of age. Internally displaced children had difficulty in accessing education, which put them at increased risk of engaging in child labour. Recalling that access to education was not only a right, but also an effective tool to defeat child labour and its worst forms, he called on the Government to improve access to education by registering all children at birth, developing programmes that assisted internally displaced children, and ensuring that schools were safe and child-friendly.

The Government member of Canada expressed deep concern at the situation in the DRC and called on the Government to take the appropriate steps to demobilize all children from the ranks of the FARDC, and bring an effective end to the recruitment of children by armed groups. The Government must also take the necessary measures to eliminate forced and hazardous labour by children in mines, and to ensure their rehabilitation and social reintegration, with particular emphasis on girls. In accordance with national legislation, perpetrators of violations must be brought to justice and serve their sentences, even if they worked for the security forces. The Government should provide the information requested by the Committee of Experts on the following points: the investigations conducted, prosecutions brought and convictions handed down; statistics on the application of the legislation; the number of child soldiers removed and reintegrated; and the action taken to reinforce the capacities of the labour inspectorate, as envisaged in the plan of action. The Government should also increase cooperation with MONUSCO in order to bring an end to the recruitment of children in the army, and to enable their demobilization and social integration.

The Worker member of the Republic of Korea aligned herself with the statements made by the Worker members of Canada and Nigeria. With reference to the Committee of Experts’ comments on the issue of persisting child labour, especially in mines, she underlined that there were around one quarter of a million street children in the country, 70,000 of whom lived in Kinshasa. The situation of young girls was even more alarming. She indicated that many of them started a life of prostitution as early as 12. Despite having been signed in 2015, the Plan of Action had not generated quantifiable improvements in terms of strengthening labour inspection and reducing the number of children subject to forced labour. She urged the Government to promptly ensure the implementation of the Plan of Action and, in particular, to guarantee free access to basic education for all children and to pursue targeted measures for the protection of young girls. Finally, she fully supported the recommendations urging the Government to take measures to eliminate forced labour and hazardous forms of child labour.

The Government member of Chad noted with satisfaction the adoption of Act No. 09/001 of 10 January 2009, penalizing the enlistment or use of children under 18 years of age in the armed forces and groups and the police. The adoption of this Act and other legislative and regulatory measures confirmed the Government’s will to effectively combat the recruitment of child soldiers in the country and to ensure the necessary protection. Furthermore, the Government was committed to building the capacities of the labour inspection services within the framework of the implementation of the plan of action. These commitments and efforts should continue to be encouraged and supported.

The Government member of Algeria highlighted the Government’s strong political will to combat the scourge of the worst forms of child labour, and the implementation by the Government of an inter-sectoral approach with a view to combining efforts and resources, as well as the adoption of legislative and regulatory measures, especially since 2001. The Committee should encourage the country by continuing to provide assistance and support for the eradication of the worst forms of child labour in the very near future.

Another Government representative said that the Government had listened to the strong calls by the members of the Committee, as well as the encouragement for it to intensify its efforts to combat the worst forms of child labour. The Government, in its awareness of its responsibilities, had replied to all the comments of the Committee of Experts in a report that would be handed to the Director-General of the ILO on Monday, 12 June. Some of the information provided during the discussion had been taken from the previous report. The new report contained new information. With regard to mines, it was since the DRC had been confronted by war and the proliferation of armed groups and had been subject to influence from abroad that children had become the victims of forced labour. Recurrent wars in North Kivu and South Kivu had hampered economic development and resulted in unemployment, poverty, massive school drop-outs and forced recruitment. These problems existed in the structures linked to smuggling, not in enterprises which operated mines legally, as the Minister of Labour of the time had been able to see during a visit in 2013 following the publication of a UNICEF report. The Government was sparing no effort but, following two decades of war, it was difficult to provide adequate protection for children in such a complex situation. She called on the international community to engage in broad reflection on the issue of the traceability of minerals. Moreover, aware of the weaknesses of the labour inspection system and its lack of personnel, she requested ILO technical assistance to reinforce the labour inspection services as a means of improving law enforcement. A project to recruit 1,000 labour inspectors, including a training component in cooperation with the ILO and the African Regional Labour Administration Centre, was currently being developed and should receive financing during the course of the year.

The Worker members once again expressed deep concern at the worst forms of child labour, which had affected children in the DRC for generations. The legislative measures adopted were not adequate to eradicate this scourge and the Government needed to provide a clear and coherent response in practice. Urgent measures needed to be taken to prosecute those recruiting child soldiers and the perpetrators of other abuses and violence, and for the demobilization, rehabilitation and social reintegration of the children who had been recruited. It was also necessary to take action to prevent abuse in all fields in which the worst forms of child labour were rife, including mining, where over 50,000 children were subject to forced labour, as well as street children. A country that failed to protect its children was a country without a future. The Worker members regretted that the Government had not provided a report on these matters and urged it to provide information on the specific measures taken for the effective eradication of the worst forms of child labour as soon as possible. It was important to bear in mind that the terrible abuse committed against children in the DRC concerned everyone, as the minerals extracted from the mines in the country were used in all types of extremely common electronic equipment. The Worker members called on the Government to: (i) remove children from the worst forms of child labour and ensure their rehabilitation and social integration; (ii) bring an end to the “re-mobilization” of children who had previously been demobilized; (iii) implement the programme for the disarmament, demobilization and reintegration of children; (iv) bring an end to the impunity of the FARDC and impose dissuasive penalties; (v) conduct in-depth investigations and prosecute the persons responsible for recruiting children into armed conflict, including officers of the regular armed forces; and (vi) reply without delay to the comments of the Committee of Experts.

The Employer members pointed out that the submission by the Government, of the report under article 22 of the ILO Constitution, during the Conference in June 2017, whereas it had been due in September 2016, was considered insufficient by the Committee. Governments should submit reports on time so as to enable the Committee of Experts to examine compliance with the relevant Convention. They expected that henceforth the Government would comply with its reporting obligation. The Employer members reiterated their call on the Government to enforce the enacted laws. With reference to the Government’s statement that there were only two inspectors in provinces as large as a medium-sized country, they believed that, if human resources for law enforcement were scarce, the revenues from those provinces and the mining should be invested in the necessary recruitment for the sake of the country and the children. While recognizing the consequences of prolonged armed conflict, they considered that efforts needed to be made to put in place a process similar to the Kimberley Process, with a view to ensuring that minerals were registered and, subsequently, marked if they reached trade, so as to detect any provenance from child labour. Finally, the Employer members appealed to the Government to become aware of the suffering of the children and help them through their trauma, in order to eventually break the cycle and secure the future of the DRC via its children.

Conclusions

The Committee took note of the oral statements made by the Government representative and the discussion that followed.

The Committee noted the grave issues concerning this fundamental Convention, referring in particular to the forceful recruitment of children under the age of 18 into the armed forces and the lack of adequate access to education. The Committee also expressed disappointment over the Government’s failure to comply with its reporting obligations for several years.

Taking into account the discussion, the Committee called upon the Government of the Democratic Republic of the Congo to:

- ensure the full and immediate demobilization of all children in the ranks of the FARDC and to put a stop to the forced recruitment of children into armed groups, giving special attention to the demobilization of girls;

- intensify its efforts to prevent children from working in mines and other hazardous sectors and to provide the necessary and appropriate direct assistance for their removal from these worst forms of child labour;

- ensure that thorough investigations and prosecutions of offenders are carried out and that sufficiently effective and dissuasive penalties are imposed on them;

- intensify its efforts to take effective, time-bound measures to remove children from armed groups and other worst forms of child labour and to ensure their rehabilitation and social reintegration;

- provide information on the number of child soldiers removed from the armed groups and reintegrated into society.

The Committee recommended the Government of the Democratic Republic of the Congo to avail itself of technical assistance in order to eradicate the worst forms of child labour and to report progress in relation to the abovementioned recommendations to the Committee of Experts before its November 2017 session.

The Committee called on the ILO, the international community and employers’ and workers’ organizations to collaborate with the goal of eliminating all forms of child labour, including the worst forms of child labour in the country without delay.

Individual Case (CAS) - Discussion: 2009, Publication: 98th ILC session (2009)

A Government representative indicated that in the report of the Security Council of 10 November 2008 on children in armed conflict, the United Nations Secretary-General observed a reduction in the number of allegations of serious violence against children during the period of June 2007 to September 2008 in the district of Ituri, the Northern provinces and those of South Kivu and North Katanga. The Government undertook to put an end to the impunity of those responsible for violence against children, as shown by the legal measures adopted against the perpetrators of these crimes before the national, military and civil judicial authorities. It should be noted that the Government collaborated with the International Criminal Court in the framework of the prosecution of individuals for war crimes and in particular for the enlistment and conscription of children of less than 15 years. The Government considered that the agreements recently signed in Goma with the National Congress for the People’s Defence (CNDP), the detention of Laurent Nkuda and the joint attacks carried out by the Armed Forces of the Democratic Republic of Congo (FARDC) and the forces de défenses rwandaises (FDR) against the Democratic Forces for the Liberation of Rwanda (FDLR) could also have positive consequences on the situation of children in the Democratic Republic of the Congo.

Additionally, informal mining had been considerably developed due to the deterioration of the socioeconomic situation and armed conflict. Many children worked in informal mines in various mining provinces of the Democratic Republic of the Congo (Eastern Kasai, Western Kasai, Katanga, Eastern Province, North and South Kivu). Concerning statistical information, the speaker referred to the information submitted by the Government as reflected in the Committee of Experts’ report.

The Government was pleased to indicate the legislative and regulatory measures taken, namely the adoption of Act No. 09/001 of 10 January 2009 concerning the protection of children which reinforced their protection against all forms of violence. This Act was complemented by Decree No. 066 of 9 June 2000 on the demobilisation and reintegration of vulnerable groups present among the fighting forces as well as three Presidential Decrees concerning the creation of institutions in charge of the Disarmament, Demobilisation and Reintegration process (DDR).

At the institutional level, the national Committee on the fight against the worst forms of child labour existed since 2006 in order to elaborate a strategy and National Plan of Action on the fight against the worst forms (PNLP) and ensure the follow-up and evaluation of actions to help exploited children and victims of violence in collaboration with national and international NGOs and agencies of the United Nations system. This illustrated the commitment of the Government with regard to this matter. Provincial Committees on the fight against child labour had also been created.

At the policy level, a national plan of action on the fight against child labour was being elaborated with the support of the ILO. This was also the case with regard to the national employment and vocational training policy aimed at full employment and the improvement of the conditions of lives of parents. The speaker also referred to the elaboration and adoption of a plan of action against violence on children, and the implementation of a national plan of action for youth employment.

At the operational level, the FARDC had put an end to the systematic recruitment of children, in conformity with the army policy and the applicable international law rules. Since 2004, more than 31,000 children had been released from armed groups. Most of them had benefited from family reunification and social reintegration programmes with the support of many international organizations, including the ILO. The Office had in fact implemented two successive projects to prevent the recruitment of children and ensure the reintegration of children released from armed groups. At present, many projects by national and international organizations were being implemented and aimed at the prevention of child labour in mines and the reintegration into the educational system of children taken out of mines.

The speaker concluded by indicating that the two projects undertaken between 2003 and 2009 and which aimed at the prevention and reintegration of children taken out of armed conflict had been developed in the eastern part of the country and had achieved encouraging results. Furthermore, the Government had made a request to the Office to ensure cooperation essentially aimed at social sensitisation and mobilisation at all levels on the detrimental effects of child labour and its consequences, as well as the possible carrying out of investigations in order to obtain reliable statistical information which was currently lacking.

The Employer members stated that every year since 2006, the Committee of Experts had considered the Democratic Republic of the Congo’s violations of Convention No. 182, which it had ratified in 2001. In 2007 and 2008, the CEACR had repeated the comments made in 2006. The case of the Democratic Republic of the Congo was marked by the armed hostilities prevailing since 1988 and the continuing civil war in some provinces. In its comments, the Committee of Experts had reported grave violations of all elements of Article 3 of Convention No. 182, including kidnapping of children, sale, slave-like treatment, and sexual exploitation, the forced recruitment of children to participate in armed conflicts; and hazardous child labour in mines.

As confirmed by the Government representative, the majority of the Committee of Experts’ conclusions were based on the enquiries and reports of the UN Special Rapporteur and the UN Secretary-General, such as the 2007 report on the use of children in armed conflicts. The reports proved that in the last few years, several tens of thousands of children had been used in armed conflicts. The UN Secretary-General had further found that children, who were not part of the recruited troops and who had been kidnapped and forcibly recruited, had often ended up between the fronts of government and other military groups and rebel groups. According to information noted by the Committee of Experts and further complementary information provided by the Government representative during this session, the Government had undertaken various efforts to improve the situation. These efforts were related to legislative measures such as the amendment of the Penal Code, an increase of penalties and an improvement in law enforcement. In July 2006, section 174, paragraph (j) had been inserted into the Penal Code. It provided for custodial sentences of between 10 and 20 years for kidnapping and sexual exploitation of children. The adoption of Law No. 06/18 would further pursue the same purpose. In addition, Legislative Decree No. 066 of 9 June 2000 was aimed at improving the reintegration and the demobilisation of child soldiers. Also, a penal provision against the use of children in mining had been inserted into the Labour Code. A ministerial decree of 2008 and the recently adopted 2009 Act for the Protection of Children against All Forms of Dangerous Activities prohibited dangerous activities of children below 18 years of age. The efforts would also concern the establishment of a national commission to combat the worst forms of child labour.

Further, as had been stated by the Government representative, the reports made reference to cooperation with the International Criminal Court in the prosecution of military leaders. Cooperation also existed with different international institutions and child relief organizations, like UNICEF.

It seemed as though an effective practical implementation of the legislative measures was still at least partly lacking, as confirmed by the Government representative. Concrete and recent information was, however, not available. In some areas of the country, in particular, Ituri and North and South Kivu, armed units were still forcibly recruiting children. According to the report of the UN Secretary-General, referred to by the Committee of Experts, children from refugee camps in bordering countries were forcibly recruited by armed groups. In particular, the reintegration of those children in forced labour and those who were forcibly recruited for armed conflicts progressed very slowly. An improvement could probably be seen in the commissions, which were also established on the provincial level, as had been described by the Government representative. It was, however, possible that the legal foundations for those measures were not yet sufficient. Equally it remained difficult to fully appreciate that progress, as up until now the Committee of Experts had not received a copy of the Legislative Decree No. 066 of 2000.

Therefore, urgent measures in all areas, especially for the creation of legal foundations and their implementation, were necessary. For violations of the Convention, effective penalties had to be imposed. Statistical data on the situation of children in the Democratic Republic of the Congo had to be collected, efficient programmes aimed at reintegrating children in the society had to be established and the psychological rehabilitation of children had to be supported. The Government’s remark that reintegrating forcibly recruited children, especially young girls, and their registration was difficult, since those children had the wish to return discreetly to their families, might be correct. Nevertheless, the Government was required to remedy this situation through comprehensive awareness training. The education programme mentioned by the Government representative could be seen as one step in this direction.

Due to the country’s partly still dramatic situation, it was apparent that it could not solve problems solely by itself. Comprehensive assistance of the international institutions, of the UN and the ILO, as mentioned in the report, was necessary. Since steps in the direction of a normalisation of children’s lives in the country were indispensable for easing the general situation and for the process of democratization, this assistance had to be rendered expeditiously. The Employer members supported any urgent enquiries and requests the Committee of Experts would direct towards the Government and, especially in light of its statements in this session, asked the Government to increase its efforts to combat child labour and to provide comprehensive information on actual developments.

The Worker members stated that, in the Democratic Republic of the Congo, child labour did unfortunately exist, in almost all of its worst possible forms. Those practices were the consequence, both directly and indirectly, of the economic war waged by warlords and certain States in order to exploit the country’s natural resources. In the context of a war that had been destroying the country for several years, as well as the additional financial crisis, no less than 80 per cent of the working population was currently unemployed, with the majority not in a position to send their children to school. Those factors provided the backdrop to the worst forms of child labour in the Democratic Republic of the Congo.

With regard to the forced recruitment of children to the armed forces or armed groups, the various reports of the United Nations Secretary-General on that issue indicated that the number of children recruited had fallen after 2006, owing to a number of factors. However, it should be noted that the number of children who were victims of those practices still remained very high, and recruitment had actually increased in some regions of the country or in neighbouring countries such as Rwanda and Uganda. The Government had taken some measures to end the impunity of the perpetrators of forced recruitment through pursuing some warlords, but many children were still forced to join armed groups and even the regular armed forces. Forced recruitment also led to other violations of the rights of children, including abductions and the selling and trafficking of children for sexual exploitation. The Committee of Experts considered that the Penal Code of the Democratic Republic of the Congo did not sufficiently penalize such practices. In its response, the Government made reference to new legislative provisions, but failed to provide copies of those provisions. The Government also failed to communicate statistics on the number of offences as well as the number of convictions.

Another worst form of child labour concerned children being forced by armed groups or rebels to work in artisanal mines in the regions of Katanga, East Kasai and South Kivu, primarily for the extraction of precious natural resources such as coltan and gold. The Government confirmed the observations made by the Confederation of Trade Unions of the Democratic Republic of the Congo and the United Nations Special Rapporteur. The problem did not exist at the level of legislation, which did, on that occasion, conform to the Convention; the primary concern was the ineffective implementation of the legislation. Programmes had been established to remove children from military or sexual exploitation, with the participation of several ministries, NGOs and international organizations such as UNICEF, the UNDP and the ILO. The programmes allowed around 30,000 children, between 2003 and 2006, to be released from the armed forces and armed groups. Half of those received assistance with reintegration, either through returning to school or through professional training programmes. The National Institute for Vocational Training, established by the ILO in Katanga, allowed 2,800 children, every six months, to learn a trade, such as construction, woodworking, or electricity. However, around 50,000 children still remained “under arms” and the reintegration of girls proved an even more sensitive issue, as they feared social exclusion following their association, even though it was forced, with soldiers or armed groups. Furthermore, economic reintegration was hindered by limited economic possibilities, which were further diminished by the crisis, as well as by the lack of sufficient money available for longer-term reintegration programmes. Consequently, children risked being re-enlisted in the armed forces or groups.

To conclude, the Worker members stated that this human drama, together with the violence against women and young people, affected a large number of children and itself formed part of the wider backdrop of economic war and widespread unemployment.

The Worker member of the Democratic Republic of the Congo indicated that the Democratic Republic of the Congo was a country in Central Africa with a surface area of 2,345,000 km2 and an estimated population of 60 million. This country was rich in mineral resources and contained 50 per cent of the equatorial rain forest, with wood resources in high demand. Besides the systematic looting which had been destroying the economic fabric since 1991, wars had plagued the regions of Ituri, and South and North Kivu. Due to the safety plan, the situation had started to improve but the drop in metal prices had resulted in an increase of unemployment reaching 80 per cent of the active population. These factors provided an insight into the context in which the violations of Convention No. 182, which had been ratified by the Democratic Republic of the Congo in 2001, were committed. Information existed on the fact that young children, within the country or stemming from the country and directed to foreign countries, were sold, exchanged and kidnapped for sexual exploitation. Children were also forcibly recruited for service in the armed forces. Others were employed in the mineral mines in the provinces of Katanga, East Kasai, North and South Kivu and Ituri. The reported violations of the Convention were real and gave reason for concern. The Government had adopted laws of which several needed to be reinforced and adapted the actual situation. Nevertheless, it had to be noted that the situation had been improving. In view of the scale of the phenomenon, the means provided on the ground by the international community remained insufficient. In the majority of cases, the culprits of those practices were warlords and criminal prosecutions against them were hardly ever initiated. Those warlords came very often from the countries bordering the Democratic Republic of the Congo. The end of the war and the fight against poverty would contribute to an expeditious solution of the problem of recruitment of child soldiers and the sale, trafficking and enslavement of children.

The National Institute for Professional Training (INPP), COMADER, UNICEF, UNDP and NGOs provided assistance to child victims of exploitation, in particular concerning measures for their social and economic rehabilitation and reintegration. Due to the high number of child abuse victims, the Government had to increase its efforts. It was recommended that the international community and especially the ILO rendered assistance. The employment of children in mines was one reason for the drop of mineral and diamond prices which had led to the fall into poverty of many heads of families. Children, which could no longer be educated were obliged to work and were the object of artisanal exploitation. The labour inspection was not efficient and there existed a problem of manpower and means. Following a request of the workers, the ILO had established an office in Katanga to take care of the work in the artisanal mines.

The speaker concluded that the Office had to render assistance to the Government in order to increase the activities of the INPP, to reinforce the legislation and thus bring it into conformity with Convention No. 182, to end the impunity of warlords, to reinforce the efficiency of labour inspections and the fight against poverty, to create a climate of safety on the ground by putting an end to the systematic pillaging of natural resources and the suffering of children, and to improve social dialogue in the fight against the worst forms of child labour.

The Government member of Canada stated that his Government was acutely aware of and was concerned with the situation of children in conflict in the Democratic Republic of Congo. It was a tragic example of a situation where children faced direct and indirect recruitment as soldiers and into forced labour, as well as injury, death, displacement and sexual and gender based violence – a list of consequences that sadly enough was not exhaustive. Canada recognized the recent successful efforts of the Government to disarm and demobilize child soldiers. Attention had, however, to be given to the reintegration of these children, to avoid them being recruited again. Preventing the recruitment and use of children as soldiers was key, and he urged the Government to improve efforts to stop such practices and hold violators of the rights of children accountable. Canada welcomed in this respect the steps taken by the Government in cooperation with the International Criminal Court. Canada expressed its grave concern regarding the recruitment of children into forced labour, in particular for the extraction of natural resources. Tens of thousands of children worked in the mining sector, most often in extremely dangerous conditions. Despite legislation in force, serious concerns remained regarding the rights of children and their protection. The Government needed to intensify its efforts rapidly to put in place effective measures to stop the recruitment of children under the age of 18 for use as mine workers, sex slaves and soldiers.

The Worker member of Senegal stressed that the Government of the Democratic Republic of the Congo was under consideration by the Committee to respond to serious violations of the provisions of Convention No. 182 and the continued failure of its application. The Conference Committee had to adopt conclusions which were proportional to the seriousness of the acts described by the Committee of Experts in its report, namely the sale, trafficking, kidnapping and exploitation for pornographic purposes of young girls and boys, inside the country or in foreign countries. These events also included hazardous work in mines and the forced recruitment of children by armed forces of the country for use in armed conflict. Reintegration and rehabilitation of child soldiers in their community was necessary. According to the report of the UN Secretary-General on children and armed conflict of 9 February 2005, which confirmed the comments of the Committee of Experts, thousands of children remained in the armed forces and groups in the Democratic Republic of the Congo, and recruitment was ongoing. Although some regional military leaders had released children, no mass release had been recorded to date. These recruitments constituted one of the worst forms of child labour within the meaning of Article 3 of the Convention.

In addition, according to the report of the Committee of Experts, the provisions of the Penal Code prohibiting the sale and trafficking of children for sexual exploitation were inadequate and had to be improved to stop impunity. Much remained to be done concerning child labour, which was largely caused by poverty and high unemployment. The provisions of the Convention must be transposed into national legislation and the Government had to make a firm commitment to work twice as hard to implement the commitments undertaken in this area. In this respect, the speaker recalled that the Government had ratified the two Optional Protocols to the UN Convention on the Rights of the Child.

The Conference Committee had to adopt firm conclusions if the Government provided no assurances as to its commitment to the fight against child labour. The group of experts responsible for the investigation of the illegal exploitation of the Democratic Republic of the Congo’s natural resources had repeatedly stressed the link between the plundering of resources and the continuing recruitment by the military groups of children into forced labour for extraction of natural resources. Ten years after the adoption of Convention No. 182, it was time to promote real progress towards eradicating the worst forms of child labour and the Government should make substansive efforts to stop abuses.

The Worker member of Comoros indicated that the information provided by the Government concerning non-compliance with Convention No. 182, as well as the information reported by the trade union representatives of the Democratic Republic of the Congo, showed a wide disparity between the law on the rights of the child and its effective application in the Democratic Republic of the Congo. In fact, the figures contained in the information provided by the Government was much less than the number of children actually affected by this phenomenon, which exceeded 50,000 children, ranging from those involved in armed conflict to those working in mines.

The speaker welcomed the willingness of the Government to eradicate child labour in the Democratic Republic of the Congo, especially in its worst forms, but he considered it necessary and urgent that the Government took action in the form of a programme that would match the scale of the problem, focusing on: the strengthening of legislation for the protection of children; the construction of sufficient infrastructure to accommodate all children affected; the expansion of vocational training and learning centres in order to accommodate more children; good cooperation with the international organizations present in the Democratic Republic of the Congo, and with the social partners; the strengthening of the capacity of the labour inspectorate for operational purposes; bringing the perpetrators of these crimes to justice in order to put an end to this unacceptable evil.

Finally, the speaker also urged the international community to assist the Government in this task, so as to give effect in practice to the provisions of Convention No. 182, which had been ratified in 2001.

The Government representative of the Democratic Republic of the Congo thanked all the speakers and recalled that his country had been at war since 1998. At present, some areas remained under the control of warlords. The Government had always sought the support of the international community, as evidenced by the presence of the United Nations Organization Mission in the Democratic Republic of the Congo (MONUC). The law existed, courts applied it and the culprits were convicted. It was true that statistics were not available, but the Government agreed to make efforts so as to be able to transmit the data in question. He expressed the hope that criminal law would be strengthened in order to consider the recruitment of children for use in armed conflict a war crime, making these acts imprescriptible. He also indicated that it would be desirable for the international community to take measures against products marketed in the neighbouring countries of the Democratic Republic of the Congo and produced by the exploitation of the worst forms of child labour.

The Employer members considered that the statements made by the Government representative, the Committee of Experts’ comments and the UN Secretary-General’s report, had shown that the situation in the country as regards the implementation of Convention No. 182 was still grave.

While the Government had made promising endeavours to improve the situation, these efforts had to be considerably and expeditiously intensified. First and foremost, it was necessary to penalize violations against the Convention by exhausting all means under the penal provisions. Furthermore, information had to be provided concerning the current situation, including the recently adopted Act for the Protection of Children against All Forms of Dangerous Activities. The provision of up to date figures concerning the development of child labour and the liberation of children from the hands of armed troops was also important. This information should also include information on the situation in the border areas and in the refugee camps. Comprehensive awareness raising was necessary for the reintegration of children in the society and contributing to achieving a sustainable peace process.

The Employer members encouraged the Government to continue cooperating closely with the international organizations and child relief organizations and to further national programmes to combat the worst forms of child labour. In this regard, the mentioned education programme was very important. The Office was asked to offer its technical assistance together with the UN.

The Worker members once more regretted the multiple forms of child labour in the Democratic Republic of the Congo. They urged the Government to take the following measures: to optimise the penal arsenal to combat the worst forms of child labour; to reinforce the effectiveness of its labour inspection system; to ensure that the commanders of the national armed forces did not recruit children; to severely penalize all infringements; to provide without delay information on the number and nature of infringements, the prosecutory sanctions induced and the penal sanctions imposed as well as on the demobilisation and social reintegration programmes; to increase its efforts for the rehabilitation and the reintegration of released children, paying particular attention to girls; to increase the cooperation with neighbouring countries affected by the same problems.

Furthermore, the Worker members asked the international organizations and institutions to continue their efforts to develop programmes aimed at: restoring order and peace in the country; creating more jobs and reducing the massive unemployment in the affected regions; guaranteeing a primary education for every child.

With regard to the actions the Office had to undertake, the Worker members asked the Office to multiply job training centres for released children in light of the highly appreciated contribution by the centre in Katanga and the still high number of children needing support.

Conclusions

The Committee took note of the oral information provided by the Government representative and the discussion that followed. The Committee noted the information contained in the report of the Committee of Experts relating to the sale and trafficking of children under 18 for sexual exploitation, both within the country and across its borders, the forced recruitment of children for use in armed conflict and the use of children in hazardous work in mines.

The Committee took note of the information provided by the Government outlining laws and policies put in place to combat the forced recruitment of children in armed conflict, as well as action programmes established with ILO assistance to provide for the removal, rehabilitation and social integration of former child soldiers. The Committee also noted the statement by the Government representative that due to the deterioration of the socio-economic situation and the persistence of armed conflict in the country, an important number of children continued to work in mines and quarries in the various provinces of East and West Kasai, Katanga, and North and South Kivu. In this regard, several national and international action programmes were under way to prevent children from working in mines, and to provide for the social integration of children removed from mines through education. The Government representative also called on the international community to combat the use of children in the extraction of mineral resources in mines resulting from the illegal exploitation and trade of the natural resources of the country involving neighbouring countries. Finally, the Government representative expressed his country’s willingness to continue its efforts to eradicate violations of Convention No. 182 with ILO technical assistance and cooperation.

The Committee noted that recently enacted legislation expressly prohibited the sale and trafficking of children for sexual exploitation and introduced criminal sanctions for violations of this prohibition. It noted, however, that although the law prohibited the trafficking of children for labour or sexual exploitation, it remained an issue of serious concern in practice. The Committee accordingly called on the Government to redouble its efforts and take, without delay, immediate and effective measures to eliminate the trafficking of children under 18 in practice. The Committee requested the Government to provide detailed information in its report when it was next due to the Committee of Experts on the measures taken to ensure the effective implementation of the legislation, including the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.

Concerning the issue of child soldiers, the Committee noted the concern expressed by several speakers about the situation of children under 18 being recruited and forced to join armed groups or the armed forces. While noting certain efforts made by the Government to address this problem, the Committee deplored the persistence of this practice, especially since it led to other violations of the rights of children, in the form of abductions, murders and sexual violence. The Committee emphasized the seriousness of such violations of Convention No. 182 and urged the Government to take immediate and effective measures, as a matter of urgency, to put a stop in practice to the forced recruitment of children under 18 years by armed groups and the armed forces and to ensure that the perpetrators of these egregious crimes were prosecuted and that sufficiently effective and dissuasive penalties were imposed. The Committee also requested the Government to continue to take effective and time-bound measures for the removal, rehabilitation and social integration of children involved in armed conflict. It requested the Government to provide information on progress made in this regard in its next report when it was due to the Committee of Experts.

Concerning the issue of the employment of children in hazardous work in mines, the Committee noted the Government’s statement acknowledging the continued exploitation of young persons under 18 in mines and quarries in the provinces of Katanga, East and West Kasai, and North and South Kivu. The Committee noted with concern that the number of children undertaking hazardous work in this sector remained high. In this regard, the Committee requested the Government to expand the authority of the labour inspectorate in enforcing the law and to ensure that regular unannounced visits were carried out by labour inspectors so as to ensure that persons who infringed the Convention were prosecuted and faced sufficiently effective and dissuasive sanctions. The Committee also requested the Government to provide information on the impact of the national and international action programmes mentioned by the Government representative on withdrawing children under 18 working in hazardous conditions in mines and quarries and providing for their rehabilitation and social integration. It finally requested the Government to provide information in its report, when it was next due, to the Committee of Experts on the results achieved in the effective application of the legislation prohibiting the employment of children in underground work.

Moreover, the Committee called on ILO member States to provide assistance to the Government of the Democratic Republic of the Congo in line with Article 8 of the Convention, with special priority on facilitating free basic education and vocational training. In this regard, the Committee encouraged the Government to make every effort to ensure the sustainability of the Vocational Training Institute which had been established with ILO technical assistance. Furthermore, the Committee requested the Government to undertake a national study on child labour to assess the extent of the worst forms of child labour in the country.

Finally, international cooperation could also be extended to combating the use of children in the extraction of mineral resources in mines, resulting from the illegal exploitation and trade of the natural resources of the country.

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

Article 6 of the Convention. Programmes of action. Further to its previous comments, the Committee notes the Government’s reference in its report to the sectoral implementation of the “National action plan to combat the worst forms of child labour 2012–20 (PAN)” and its components relating to the legal framework, awareness-raising and social mobilization, education, socio-economic vulnerability, protection, and the financial coverage and management of PAN programmes and actions. The Government indicates that the results achieved include the effective application of basic education free of charge since 2019 and the plan for implementing the “National sectoral strategy to combat child labour in artisanal mines and at artisanal mining sites in the Democratic Republic of the Congo 2017–25”.

The Committee also notes the Government’s reference to Ministerial Order No. CAB.MIN/ETPS/CNM/DOW/FL/061/2022 of 21 February 2022 concerning the structure and operation of the coordinating committee for the Alliance 8.7 global partnership, aimed at taking immediate and effective measures to eradicate forced labour, modern slavery and human trafficking, to prohibit and eliminate the worst forms of child labour, including the recruitment and use of child soldiers, and to put an end to all forms of child labour by 2025.

However, the Committee notes the absence of data on the effective implementation of the PAN from 2012 to 2020. In this regard, the Committee wishes to emphasize the importance of regularly evaluating and monitoring the results recorded in the context of a national action plan to combat the worst forms of child labour so as to review and adjust the measures and strategies deployed, to reveal any deficiency in the coordination of these various measures and strategies and also between the various competent bodies, to rationalize processes and enable the public authorities and social partners to periodically evaluate their real impact. The Committee requests the Government to continue its efforts to prohibit and eliminate the worst forms of child labour. It requests the Government to provide detailed information on the implementation of the PAN from 2012 to 2020 and of the actions linked to the Alliance 8.7 partnership. The Committee requests the Government to provide information on the results achieved in this regard and their impact on the elimination of child labour.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. Further to its previous comments, the Committee notes the Government’s indications concerning the programme to provide basic education free of charge since 2019, as a strategic component of the elimination of child labour and its worst forms. The Government indicates that a total of 7,730,736 children attended basic education in the first year that it was provided free of charge and a total of 10,037,882 children were enrolled in 2021. It also indicates that, according to information from the Ministry of Secondary and Technical Education, the free schooling strategy has led to a 6.75 per cent increase in the average annual school enrolment rate.

The Committee notes the preparation in 2021 of the third “State report of the national education system (RESEN)” by the UNESCO, in partnership with UNICEF, the General Secretariat for Primary, Secondary and Technical Education (EPST) and the Permanent Secretariat for the Support and Coordination of Education (SPACE), with a view to updating and extending the “Sectoral strategy for education and training (SSEF) 2016–25” until 2030.

The Committee also notes the indications in the preparatory report of the “SSEF joint sectoral review 2021” that the schooling completion rates in several provinces are below the national average of 31.1 per cent. The situation is particularly worrying in Kasai, where the completion rate for the second secondary cycle stands at 4.6 per cent, while the rate is 5.9 per cent in the province of Tangayinka and 6.7 per cent in the province of Mongala.

Furthermore, the Committee notes that the UN Committee on Economic, Social and Cultural Rights (CESCR), in its concluding observations on the sixth periodic report in March 2022 (E/C.12/COD/CO/6, paragraph 58), highlights: (1) inequalities in access to education; (2) the poor quality of education, due in part to the lack of sufficient resources; (3) the precariousness of infrastructures and the insufficient number of teachers; (4) the impact of early marriage on girls’ access to education; (5) the growing disparities in access to education; and (6) attacks on schools, and on students and teachers, especially women and girls, in certain provinces of the country. While recognizing the difficult situation prevailing in the country, the Committee encourages the Government to continue its efforts to improve the functioning of the education system in the country and to facilitate access to free basic education for all Congolese children, including girls and in particular in areas of armed conflict. It also requests the Government to provide information on the results achieved, disaggregated by age and gender.

Clause (d). Children at special risk. 1. Street children. In its previous comments, the Committee noted that the UN Committee on the Rights of the Child (CRC), in its concluding observations , observed that thousands of children continue to live in the streets and are subjected, inter alia, to violence, rape, arbitrary arrests, disappearance, and recruitment for armed groups, and that the Ministry of Social Affairs had a national strategy for vulnerable groups, including children in difficult situations.

The Committee notes the Government’s indication that it is not in a position to provide information on street children and that this will be available in the next report following meetings with the Ministry of Social Affairs, Humanitarian Action and National Solidarity responsible for issues relating to street children.

In this regard, the Committee emphasizes that according to the information contained in the “National strategic development plan 2019–23” drawn up in collaboration with the United Nations Development Programme (UNDP), the rate of reduction in the numbers of street children is one of the indicators of success for the first pillar. Recalling that street children are particularly exposed to the worst forms of child labour, the Committee once again urges the Government to intensify its efforts to ensure the protection of these children and to ensure their rehabilitation and social integration. The Committee once again requests the Government to provide information on the implementation of actions for the protection, rehabilitation and integration of street children in the context of the strategy of the Ministry of Social Affairs, Humanitarian Action and National Solidarity and the “National strategic development plan 2019–23”.

2. HIV/AIDS orphans (OVCs). The Committee notes the Government’s indication in its report that it is not in a position to provide information on HIV/AIDS orphans.

In this regard, the Committee notes the information on the “HIV/AIDS national strategic response plan 2018–21”, according to which several types of assistance have been provided for orphans and vulnerable children (OVCs), including: (1) covering the school costs of 8,472 OVCs in the provinces of North Kivu, South Kivu, Maniema, Kinshasa, Eastern Province and Équateur; (2) food assistance for 947 OVCs in North Kivu and East Kasai; (3) HIV/AIDS awareness-raising for 14,903 OVCs in North Kivu, Eastern Province, South Kivu and East Kasai; and (4) the availability of an occupational apprenticeship for 3,724 OVCs.

The Committee also notes Ministerial Order No. 1250/CAB/MIN/S/0016/SECMIN/2018 of 27 June 2018 establishing the structure and operation of the National Coordinating Committee for combating AIDS, tuberculosis and malaria in the Democratic Republic of the Congo (CCM/RDC), which formulates and implements the various strategies and the annual work plan and monitors the implementation of programmes. The Committee encourages the Government to continue its efforts to prevent the engagement of HIV/AIDS orphans in the worst forms of child labour. It requests the Government to provide information on the results achieved in the context of the “HIV/AIDS national strategic response plan” and the CCM/RDC.

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

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Forced recruitment of children for use in armed conflict. In its previous comments, the Committee expressed its deep concern at the large number of children recruited by armed groups, including the armed forces.

The Committee notes the Government’s reference in its report to the adoption of the strategy of the Disarmament, Demobilization, Community Recovery and Stabilization Programme (P-DDRCS) in April 2022. This programme is based on five major pillars, consisting of: (i) conflict resolution; (ii) restoration of state authority and security; (iii) economic recovery and community reintegration; (iv) stabilization, economic and social development; and (v) communication and awareness-raising in the east of the country.

The Committee observes that, according to the report of 23 June 2022 of the United Nations (UN) Secretary-General (A/76/871-S/2022/493, paragraphs 52–68), the UN verified 3,546 violations committed against 2,979 children (2,090 boys, 889 girls) between January and December 2021. The report also mentions that: (1) a total of 565 children (487 boys, 78 girls) who had been separated from armed groups in 2021 were recruited again and used by these groups. Of these 565 children, 241 children were used in combat, 324 children were used in support roles and 42 girls were used for, and subjected to, sexual violence; (2) a total of 436 children (7 boys, 429 girls) were subjected to sexual violence, with 336 violations committed by armed groups and 100 by government forces; (3) a total of 684 children (416 boys, 268 girls) were abducted, 669 by armed groups and 15 by the armed forces; and (4) a total of 69 schools were attacked and four schools were used for military purposes by the national armed forces.

The Committee also notes that the UN Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations on the eighth periodic report in 2019 (CEDAW/C/COD/CO/8, paragraph 28), expressed concern at reports of trafficking in persons and of exploitation and forced prostitution of girls in conflict areas, including in North Kivu.

While noting the measures taken by the Government and recognizing the difficult situation prevailing in the country, the Committee once again expresses its deep concern at the persistent recruitment and use of children in armed conflict in the Democratic Republic of the Congo, especially as this gives rise to other serious violations of the rights of the child, such as abductions, killings, sexual violence and attacks on schools. The Committee therefore urges the Government: (1) to take measures with the utmost urgency to proceed, in the context of the P-DDRCS, with the immediate and full demobilization of all children and put an end in practice to the forced recruitment of children under 18 years of age into armed groups and the armed forces and to provide information on the results achieved; (2) to take immediate and effective measures to ensure the thorough investigation and prosecution of persons, including officers of the regular armed forces, who recruit children under 18 years of age for use in armed conflict, and to ensure that penalties constituting an effective deterrent are imposed in practice, pursuant to Act No. 09/001 of 10 January 2009; and (3) to provide information on the number of investigations conducted, prosecutions brought and convictions handed down with respect to such persons and the penalties imposed.

Clauses (a) and (d). Forced or compulsory labour and hazardous work. Child labour in mines. Further to its previous comments, the Committee duly notes the Government’s indications that a mechanism for the supervision, observation and monitoring of child labour in artisanal mines and at artisanal mining sites has been put in place in the context of the project entitled “Combating child labour in the Democratic Republic of the Congo’s cobalt industry (COTECCO)”, in partnership with the ILO and with funding from the US Government. This mechanism makes it possible: (1) to identify the real number of children working at artisanal mining sites; (2) to constitute a database of children working in mines; (3) to follow up the process of social/occupational or educational reintegration of children withdrawn from mining sites; and (4) to implement a communication and awareness-raising strategy for all stakeholders regarding action against child labour.

The Committee notes the adoption on 18 October 2017 of the plan for the implementation of the “National sectoral strategy to combat child labour in artisanal mines and at artisanal mining sites in the Democratic Republic of the Congo 2017–25” (CAB.MIN./MINES/02/1315/2017). The Committee also notes Ministerial Order No. 00122/CAB.MIN/MINES/01/2020 of 6 March 2020 on the establishment of the inter-ministerial committee for monitoring the issue of child labour in artisanal mines (CISTEMA), whose primary role is to implement the national strategy against child labour.

The Committee also notes that the UN Committee on Economic, Social and Cultural Rights (CESCR), in its concluding observations of 28 March 2022 (E/C.12/COD/CO/6, paragraph 44), expressed concern at the fact that, despite the adoption of the national sectoral strategy against child labour in artisanal mines and at artisanal mining sites for the 2017–25 period, large numbers of children continue to work in the mining sector.

While duly noting the measures taken by the Government, the Committee expresses its concern at the large number of children working in mines under hazardous conditions. The Committee requests the Government to provide information on the actual implementation of the “National sectoral strategy to combat child labour in artisanal mines and at artisanal mining sites in the Democratic Republic of the Congo 2017–25”. The Committee also requests the Government to provide information on the results achieved in the context of the COTECCO project. Furthermore, the Committee once again requests the Government to take the necessary steps to ensure the thorough investigation and effective prosecution of offenders and to ensure that penalties constituting an effective deterrent are imposed in practice.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour, removing them from such work and ensuring their rehabilitation and social integration. 1. Child soldiers. The Committee notes the Government’s indications that the P-DDRCS steering committee is functional, but it notes the absence of information on child soldiers.

The Committee notes the indication in the report of the UN Secretary-General of 21 March 2022 on the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo (MONUSCO) that Presidential Ordinance No. 22/003, published on 7 January, assigned to the Ministry of Defence and former combatants the responsibility for planning and implementing the demobilization of ex-combatants and children associated with the armed forces and armed groups with a view to reintegrating them in the community.

Furthermore, the Committee notes that the implementation of the “Accelerated presidential programme against poverty and inequality (PPA-LCPI)” will primarily target population groups which are extremely poor, vulnerable and exposed to security-related, endemic and environmental risks and that the provinces affected by armed conflict are considered as priority intervention areas for the programme.

However, the Committee notes that the UN Committee on Economic, Social and Cultural Rights (CESCR), in its concluding observations of 28 March 2022 (E/C.12/COD/CO/6, paragraph 44), expressed concern at the fact that, in the context of the armed conflict in the country, many children are in a situation of extreme vulnerability and neglect and are thus exposed to a risk of being recruited by armed groups. The Committee once again urges the Government to intensify its efforts and take effective and time-bound measures to remove children from the armed forces and armed groups and ensure their rehabilitation and social integration through the Ministry of Defence in the context of the P-DDRCS strategy. The Committee also requests the Government to provide information on the number of child soldiers, disaggregated by age and gender, who have been removed from the armed forces and armed groups and have been reintegrated through appropriate assistance with rehabilitation and social integration.

2. Children working in mines. The Committee takes due note of the Government’s indication in its report that in addition to the “National sectoral strategy against child labour in artisanal mines and at artisanal mining sites in the Democratic Republic of the Congo 2017–25” and the COTECCO project, other actions have been undertaken, including the “Project to support the alternative welfare of children and young people involved in the cobalt supply chain (PABEA-Cobalt) 2019–24”, which is being implemented and targets a total of 14,850 children and 6,250 parents. The Committee also notes the engagement of the Ministry of Mining in 2020 in the “Cobalt action partnership (CAP)”, whose objectives include: combating child labour and forced labour; implementing the Decent Work Country Programme (DWCP) 2021–24, including promoting decent employment for young persons in a post-conflict context and sustainable development in partnership with the ILO; and continuing with the “Plan for the elimination of the worst forms of child labour by 2020 (PAN)”. While noting the Government’s efforts to prevent the engagement of children under 18 years of age in work in mining and to remove them from this worst form of child labour, the Committee requests the Government to continue its efforts to implement the various projects to combat hazardous work for children in mining. It requests the Government to provide information on the results achieved in this regard. The Committee also requests the Government to provide information on necessary and appropriate direct assistance to ensure the rehabilitation and social integration of these children.

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

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

The Committee notes the observations of the International Trade Union Confederation (ITUC) received on 1 September 2017, and the Government’s report.

Article 6 of the Convention. Programmes of action. In its previous comments, the Committee noted the Government’s indication that, since March 2011, the National Committee on Combating the Worst Forms of Child Labour (National Committee) has been drawing up the “National Action Plan for the elimination of child labour by 2020”, in collaboration with ILO–IPEC. The Government indicated that upstream measures aim to strengthen the capacities of national, provincial and local institutions in order to tackle the issue of the elimination of the worst forms of child labour. These measures are directed in particular at reforming national law, improving the functioning of the education system and raising public awareness of the worst forms of child labour. Downstream measures are specific interventions designed to provide assistance for working children and their families.

The Committee notes the Government’s indication in its report that the “National Action Plan to combat the worst forms of child labour 2012–20 (PAN)” was formulated and adopted in 2011 by the abovementioned National Committee and then adopted by the tripartite constituents of the National Labour Council at its 31st ordinary session in August 2015. It also notes the adoption of Inter-ministerial Order No. 118 of 2013 (attached to the Government’s report), which updates the core mandate of the National Committee.

The Committee notes the indication in the observations of the ITUC that the PAN has not made any quantifiable progress in terms of improving the work of the labour inspectorate and reducing the number of child victims of forced labour. The ITUC also indicates that decentralization, lack of resources and poor coordination are structural problems associated with combating child labour. The Committee notes the lack of information in the Government’s report on the measures taken and the results achieved through the PAN.

The Committee also notes that in order to achieve the overall goal of elimination of the worst forms of child labour by 2020, the PAN identifies five strategic components, each with specific objectives. These components relate to the legal framework, awareness raising and social mobilization, education, socio-economic vulnerability, protection and care, and management of PAN programmes and actions. The Committee observes with regret that the PAN is not being implemented effectively by the Government. The Committee therefore urges the Government to take immediate and effective measures to implement the PAN and send information on the results achieved and its impact on the elimination of child labour.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted the low school enrolment rate in the country (about 40 per cent of all children of school age). The Committee also noted the 2011 Education for All Global Monitoring Report published by UNESCO, entitled “The hidden crisis: Armed conflict and education”. This report reveals that poor countries in conflict situations, such as the Democratic Republic of the Congo, are the countries that are furthest away from achieving the “Education for All” goals and, in particular, that conflict zones often lag behind other areas of the country. For example, in North Kivu province, adolescents and young adults are twice as likely, in comparison with the national average, to have less than two years’ schooling. In addition, the forced recruitment of children in schools for use in armed conflict is common practice in the country, and this has led to the closure of many schools. Moreover, many girls have been the victims of rape on their way to school.

The Committee notes the indication in the observations of the ITUC that schools have been closed or destroyed as a result of the armed conflict or have been occupied and requisitioned by the army.

The Committee notes the Government’s indication that it has formulated a sectoral strategy for education and training for 2016–25, which was designed to address the problems and challenges identified in the situation report on the education system. It indicates that three major strategic components have been adopted, namely: to promote a more equitable education system, with the aim of establishing primary education that is really free of charge; to create conditions for a quality education system; and to establish transparent and effective governance. The Committee also observes that, according to the sectoral strategy, the completion rate in primary education is 64 per cent (page 140). The sectoral strategy also provides for the setting up of various coordination, steering, consultation and implementation committees, sub-sectoral technical committees in the ministries concerned, and provincial technical committees (pages 114–117). These committees will be in charge of implementing the action plan. The Committee notes, from the situation report on the national education system attached to the Government’s report, that primary education completion rates are the lowest of all rates in the six provinces affected by the conflict (page 29). It also notes that households make a disproportionate contribution to expenditure in education, namely 77 per cent of the total. The report indicates that financial issues play a key role as regards non-enrolment in school and dropping out of school (pages 25 and 164). In this regard, the Government indicates that the application of the law will help to ensure that schooling is free for children, as reflected in the action plan through the abolition of school fees for public primary schools (see strategy paper, page 142). The action plan also has the objective of encouraging the enrolment of girls in school and supporting the school enrolment of disadvantaged or marginalized population groups (page 142).

However, the Committee notes that, according to the report of the UN Secretary-General of 24 August 2017 on children and armed conflict (A/72/361–S/2017/821) (2017 report of the Secretary-General), a total of 51 schools were attacked in 2016 (paragraph 67). Moreover, according to the 30 June 2017 report of the UN Secretary-General on the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo (MONUSCO) (S/2017/565), since September 2016 MONUSCO has documented 646 attacks on schools in the Kasai provinces by the Kamuina Tsapu militia (paragraph 48). Lastly, the Committee notes that, according to the 2017 report of the Secretary-General, the Government has endorsed the Safe Schools Declaration (paragraph 72). While noting the steps taken by the Government, the Committee expresses its concern at the large number of children deprived of education on account of the armed conflict in the Democratic Republic of the Congo and hopes that the Government will provide the necessary resources for the effective implementation of the sectoral strategy for 2016–25. While acknowledging the difficult situation prevailing in the country, the Committee urges the Government to intensify its efforts to improve the functioning of the education system in the country and to facilitate access to free basic education for all Congolese children, especially in areas of armed conflict. It requests the Government to supply information on the measures taken as part of the action plan related to the sectoral strategy for 2016–25 to increase the school attendance rate at both primary and secondary levels, with a particular focus on girls. It also requests the Government to provide information on the results achieved, disaggregated by age and gender.

Clause (d). Children at special risk. 1. Street children. In its previous comments, the Committee noted that, according to UNICEF, some 30,000 children under 18 years of age were living in the country’s streets, mostly in Kinshasa. Moreover, a large number of young girls, some of them under 10 years of age, were working as prostitutes in the streets.

The Committee notes the Government’s indication that the Ministry of Social Affairs has a national strategy for vulnerable groups, including children in difficult situations. The Government also indicates that in order to defend the interests of children in this category, it set up a body in 2015 with a mandate to identify, guide and reintegrate these children. However, the Committee observes that the UN Committee on the Rights of the Child (CRC), in its concluding observations of 2017 (CRC/C/COD/CO/3-5), notes that thousands of children continue to live in the streets and are subjected to violence, rape, arbitrary arrests, disappearance, recruitment to armed groups and even summary executions (paragraph 43). Recalling that street children are at particular risk of becoming involved in the worst forms of child labour, the Committee requests the Government to intensify its efforts to protect street children from the worst forms of child labour and ensure their rehabilitation and social integration. The Committee also requests the Government to provide information on the measures taken to remove children under 18 years of age from the streets and to ensure their rehabilitation and social integration as part of the implementation of the national strategy for vulnerable groups and of the PAN.

2. HIV/AIDS orphans. In its previous comments, the Committee noted the Government’s report on monitoring the implementation of the 2011 UN General Assembly Special Session (UNGASS) Declaration of Commitment on HIV/AIDS, indicating that 25 per cent of children under 18 years of age in the Democratic Republic of the Congo – over 1 million children and adolescents – were classified as orphans and vulnerable children (OVCs). The Committee also noted that the school attendance rate was higher among children living with at least one parent (81 per cent) than among orphans (63 per cent).

The Committee notes the Government’s indication that an action plan has been drawn up by the HIV/AIDS Unit at the Ministry of Social Affairs in collaboration with the multi-sectoral national programme to combat HIV/AIDS. The Committee notes that, according to the Ministry’s website, the action plan contains a promotion component, which includes the provision of care for OVCs. However, the Committee notes that, according to Joint United Nations Programme on HIV/AIDS (UNAIDS) statistics for 2016, some 520,000 children up to 17 years of age are HIV/AIDS orphans. Recalling that HIV/AIDS orphans are at greater risk of becoming involved in the worst forms of child labour, the Committee once again encourages the Government to intensify its efforts to prevent HIV/AIDS orphans from becoming involved in the worst forms of child labour. It requests the Government to supply information on the measures taken and the results achieved under the action plan.

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

The Committee notes the observations of the International Organisation of Employers (IOE), received on 30 August 2017, and of the International Trade Union Confederation (ITUC), received on 1 September 2017, and of the in-depth discussion on the application of the Convention by the Democratic Republic of the Congo which took place in the Conference Committee on the Application of Standards in June 2017.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 106th Session, June 2017)

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or similar practices. Forced recruitment of children for use in armed conflict. In its previous comments, the Committee noted that section 187 of Act No. 09/001 of 10 January 2009 establishes a penalty of penal servitude of ten to 20 years for the enlistment or use of children under 18 years of age in the armed forces, armed groups or the police. The Committee noted the Government’s indication that the Armed Forces of the Democratic Republic of the Congo (FARDC) does not recruit children under 18 years of age. However, the Committee observed that, according to the 2011 report of the United Nations (UN) Secretary-General on children and armed conflict, a large number of children were still being recruited and continued to be associated with FARDC units. The report indicated that armed groups and the FARDC were responsible for numerous serious violations against children, including physical and sexual violence, killings and maimings.

The Committee notes the observations of the ITUC according to which the serious violations committed by the FARDC have not given rise to criminal prosecutions. The ITUC also states that numerous witnesses have made allegations that FARDC officers played an active role in the enlistment of children and that the Government has sufficient information to open investigations and prosecute the suspected perpetrators of these atrocities. Lastly, the ITUC highlights the contradictory actions of the Government, which is carrying out reforms to prevent further recruitment, but at the same time allows the police and the armed forces not only to recruit children but also to commit physical and sexual violence against them.

The Committee also notes the IOE’s statement that the adoption of legislation is insufficient without effective enforcement.

The Committee notes the Government’s indication in its report that an action plan to combat the recruitment and use of children in armed conflict and other serious violations of children’s rights by the armed forces and security services of the Democratic Republic of the Congo was adopted in 2012. The Government also indicates that one of the measures taken as part of the action plan was the appointment in 2015 of the Special Adviser to the Head of State on action to combat sexual violence and the recruitment of children into the armed forces. It also notes the Government’s indication that 17 children’s courts have been set up and are operational. The Committee observes that, according to the report of 20 April 2016 of the UN Secretary-General on children and armed conflict (A/70/836–S/2016/360) (2016 report), three new provincial joint technical working groups were established to accelerate the implementation of the action plan (paragraph 54). In this regard, it notes that, according to information from the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo (MONUSCO), a total of seven joint technical working groups were established in the provinces in 2017 (Goma, Bukavu, Kisangani, Lubumbashi, Kalemie, Bunia and Katanga), in addition to the national group. The Committee also takes note, according to the report of 24 August 2017 of the UN Secretary-General on children and armed conflict (A/72/361–S/2017/821) (2017 report of the Secretary-General), of the validation of standard operating procedures for age verification, the adoption of a Ministry of Defence directive for the dissemination of those procedures within the FARDC and the screening of new recruits. The report also indicates that the UN documented the arrest of at least 15 FARDC members and five Congolese National Police (PNC) officers, in particular for offences linked to the recruitment and use of children in armed conflict before 2016, and that 41 individuals (including 23 FARDC members and 11 PNC officers) were convicted of sexual violence against children and received sentences ranging from three years’ imprisonment to the death penalty. The Government reported that perpetrators of sexual violence against children were convicted in 129 cases (paragraph 71).

While noting these measures, the Committee nevertheless observes that, according to the 2017 report of the Secretary-General, the UN verified that 492 children (including 63 girls) were recruited and used by armed groups in 2016, with 82 per cent of cases occurring in North Kivu. At the time of recruitment, 129 children were under 15 years of age (paragraph 63). In addition, the report indicates that at least 124 children were killed and 116 maimed (paragraph 65). The rape of 170 girls and one boy was verified, the FARDC being responsible for 64 cases and the PNC for 12 cases (paragraph 66). The Committee also notes that, according to the 2016 report of the Secretary-General, a total of 488 cases of new recruitment of children were recorded in 2015, 89 per cent of which involved armed groups in North Kivu, in addition to the cases of ten boys previously recruited by the FARDC (paragraph 45). The report also refers to 254 cases of sexual violence against children, including 68 perpetrated by the FARDC, 19 by the PNC, and two by the National Intelligence Agency (paragraph 48). Lastly, it states that 68 individuals, including high-ranking officers, were arrested, with 37 receiving sentences of up to 20 years’ imprisonment for sexual violence against girls (paragraph 55).

The Committee further observes that the report of the Secretary-General on MONUSCO of 9 March 2016 (S/2016/233) refers to the fact that the Military Academies High Command (CGEM) screened new FARDC recruits and found among them 84 children, who were then demobilized. The CGEM called on the FARDC Joint Chiefs of Staff to impose sanctions on the recruiters (paragraph 48).

The Committee also notes that, according to the report of the Secretary-General on MONUSCO of 30 June 2017 (S/2017/565), between January and March 2017 MONUSCO documented 28 new cases of child recruitment by the Kamuina Nsapu militia in the Kasai provinces, where numerous cases of violence have been recorded. It also documented the killing of at least 59 children, including 25 girls, and the maiming of 44 children, including four girls (paragraph 48). The Committee also notes that, according to the MONUSCO report “Invisible survivors: Girls in armed groups in the Democratic Republic of Congo from 2009 to 2015”, since the adoption of the Child Protection Act in 2009, which criminalizes the recruitment of children, a total of 8,546 children, including 600 girls, were documented as recruited by the armed groups in the Democratic Republic of the Congo (up to May 2015). Furthermore, the Committee observes that the UN Committee on the Rights of the Child (CRC), in its concluding observations of 28 February 2017 (CRC/C/COD/CO/3-5), noted that, despite some improvements, there have been reports of the involvement of children in the activities of the national armed forces and reports of collaboration of the armed forces with armed groups that are known for the recruitment or use of child soldiers (paragraph 47). The Committee also observes that, according to the report of MONUSCO and the UN Office of the High Commissioner for Human Rights (OHCHR) entitled “Accountability for human rights violations and abuses in the DRC: Achievements, challenges and way forward (1 January 2014–31 March 2016)”, the number of prosecutions of members of armed groups remains very low. The report states that this is mainly due to the volatile security situation in the affected areas, which complicates investigations, particularly in terms of identifying the victims and the alleged perpetrators (paragraph 47). The report also describes the obstacles that exist, such as political considerations or de facto immunities enjoyed by certain suspected perpetrators on account of their customary powers. It adds that legal proceedings against members of armed groups would send a strong signal at national level and would also have a strong impact on the vetting of the security forces, since a conviction would make an individual ineligible to join the national armed forces (paragraphs 54–55). In this regard, the Committee notes that, according to the report of the Secretary-General on MONUSCO of 30 June 2017, MONUSCO engaged in advocacy with the military prosecutor with a view to bringing to justice the perpetrators of serious children’s rights violations (paragraph 48).

The Committee expresses its deep concern at the large number of children who are still being recruited by armed groups, especially as the persistence of this worst form of child labour leads to other violations of children’s rights, such as killings and sexual violence, which have also been committed by the armed forces. While recognizing the complexity of the situation on the ground and the existence of armed conflict and armed groups in the country, the Committee once again urges the Government to take urgent measures to ensure the full and immediate demobilization of all children in the FARDC ranks and to put a stop in practice to the forcible recruitment of children under 18 years of age into armed groups. The Committee urges the Government to take immediate and effective measures to ensure the thorough investigation and robust prosecution of all persons, including officers in the regular armed forces, who forcibly recruit children under 18 years of age for use in armed conflict, and to ensure that sufficiently effective and dissuasive penalties are imposed in practice, pursuant to Act No. 09/001 of 10 January 2009, including by the 17 courts established for this purpose. The Committee requests the Government to provide information on the number of investigations conducted, prosecutions brought, convictions issued against such persons and sanctions imposed.

Clauses (a) and (d). Forced or compulsory labour and hazardous work. Child labour in mines. In its previous comments, the Committee noted the observations of the Confederation of Trade Unions of the Congo (CSC) that young persons under 18 years of age are employed in mineral quarries in the provinces of Katanga and East Kasai. It noted the UN Special Rapporteur’s observation that military groups were recruiting children for forced labour for the extraction of natural resources. The Committee observed that, although the legislation is in conformity with the Convention on this point, child labour in mines was a problem in practice. The Committee noted UNICEF statistics indicating that nearly 50,000 children are working in mines in the Democratic Republic of the Congo, including 20,000 in the province of Katanga (south-east), 12,000 in Ituri (north-east) and some 11,800 in Kasai (centre).

The Committee notes the observations of the ITUC indicating that a 2016 Amnesty International report revealed that children work in the mines for up to 12 hours per day, carrying heavy sacks of rocks and earning only between US$1 and US$2 per day. The report also states that children work in the open air, in very high temperatures or rain, without any protective clothing and in constant contact with heavy concentrations of cobalt. The ITUC also reports that the climate of impunity that prevails regarding the employment of children in the mining sector is a direct consequence of the ineffectiveness and incompetence of the labour inspectorate. It adds that penalties for the use of forced labour remain inadequate and are not an effective deterrent.

The Committee also notes that, in the Conference Committee on the Application of Standards, the Worker member of the Democratic Republic of the Congo referred to the 2015 Amnesty International report on five mining sites in Katanga, according to which the health risks faced by children in mines include a potentially fatal lung disease, respiratory sensitization, asthma, shortness of breath and decreased pulmonary function.

The Committee also notes the observations of the IOE to the effect that if the human resources allocated to law enforcement are sparse, the revenue from these provinces and from the mining sector must be reinvested in recruiting the necessary staff, in the interests of the country and of its children.

The Committee notes the Government’s indication that the economy of the Democratic Republic of the Congo is mainly based on the exploitation of natural resources, involving hazardous operations in mining and quarrying, forestry, oil and gas. It adds that children between 16 and 18 years of age are most exposed to hazardous work in small-scale mining. The Committee takes notes of the Ministerial Order No. 0058/CAB.MIN/MINES/01/2012 of 29 February 2012 issuing procedures for the classification and authorization of gold- and tin-mining sites in the provinces of Katanga, Maniema, North Kivu, South Kivu and Eastern Province, attached to the Government’s report. Section 8 of the Order provides that the socio-economic situation of the region of the Great Lakes in general, and of the Democratic Republic of the Congo in particular, must be taken into account as an indicator and that steps must be taken to ensure that children are not employed on mining sites. The Committee also notes the Government’s indication that an inter-ministerial committee responsible for monitoring child labour in mines and on mining sites was set up in 2016. It indicates that the mandate of this committee is to: (1) coordinate and facilitate the various initiatives for combating child labour in mines and on mining sites; (2) act as the Government’s advisory, monitoring and follow-up body vis-à-vis the competent ministries and departments; and (3) engage in advocacy vis-à-vis third parties. The report also states that the abovementioned committee has drawn up a three-year action plan for 2017–20 with the general objective of coordinating actions on the ground to put an end to the presence of children in mining operations by 2020. The plan contains five specific objectives, namely: (i) monitor and evaluate the implementation of actions to combat child labour in mines and on mining sites; (ii) resolve the issue of the presence of children; (iii) step up the enforcement of measures for removing children from mineral supply chains, giving priority to “3TG” (tungsten, tantalum, tin and gold); (iv) implement corrective measures on the ground proposed by the competent ministries and departments; and (v) adopt a communication strategy. Lastly, the Committee notes that, according to information gathered by the ILO in the Democratic Republic of the Congo, a draft sectoral strategy was formulated and discussed at a workshop in September 2017 and is currently awaiting final adoption. The prime objective of this strategy is the gradual removal of children from small-scale mines and small-scale mining sites, and their social reintegration within their national community. The strategy also reproduces the objectives of the three-year action plan, with the additional objective of combating impunity. The Committee notes that the strategy states that an operational plan must be formulated as soon as possible. While noting the measures taken by the Government, the Committee once again expresses deep concern at the large number of children working under dangerous conditions in mines. The Committee urges the Government to take immediate and effective measures, as a matter of urgency, to eliminate forced child labour and hazardous work for children under 18 years of age in mines. In this regard, it requests the Government to take the necessary steps to ensure the thorough investigation and robust prosecution of offenders, and to ensure that sufficiently effective and dissuasive penalties are imposed in practice. It requests the Government to provide information on the actions taken and the results achieved as part of the implementation of the three-year action plan for 2017–20 and of the sectoral strategy for 2017–25, once the latter has been officially adopted.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour, removing them from such work and ensuring their rehabilitation and social integration. 1. Child soldiers. Further to its previous comments, the Committee notes the Government’s indication that it is consolidating data on children who have been the beneficiaries of demobilization and social and economic reintegration programmes. The Committee notes that, according to the 2017 report of the Secretary-General, a total of 1,662 children (including 177 girls) were separated from armed groups in 2016 (paragraph 74). In 2015, a total of 2,045 children were separated from armed groups and ten boys were separated from the FARDC (2016 report of the Secretary-General, paragraph 53). The Committee also observes that, according to the report of the Secretary-General on MONUSCO of 10 March 2017 (S/2017/206), between January and March 2017, 61 boys and nine girls were separated or escaped from armed groups (paragraph 33). In addition, it notes that, according to the report of the Secretary-General on MONUSCO of 30 June 2017 (S/2017/565), between March and June 2017 at least 269 children (including 14 girls) were separated or escaped from armed groups (paragraph 47). The Committee also notes that the MONUSCO report “Invisible survivors: Girls in armed groups in the Democratic Republic of Congo from 2009 to 2015” highlights the harsh reality faced by girls, half of whom have been subjected to sexual violence and often remain behind in armed groups for fear of stigmatization. In this regard, the Committee notes that the CRC, in its concluding observations of 2017, indicates that the human and financial resources for the demobilization, rehabilitation and reintegration of child soldiers are scarce, disproportionately affecting girl soldiers who comprise up to 30 per cent of children involved with the armed forces and armed groups (paragraph 47(e)). The CRC also refers to the fact that girl soldiers face stigmatization and rejection by their communities and thus are sometimes obliged to rejoin armed groups (paragraph 47(f)). Furthermore, the Committee observes that the CRC, in its concluding observations of 28 February 2017 relating to the sale of children, child prostitution and child pornography (CRC/C/OPSC/COD/CO/1), expresses concern at the fact that a significant number of girls remain victims of sexual exploitation and forced labour in the hands of armed groups (paragraph 40) and that there is no clear procedure or referral service for the protection and care of child victims of sexual exploitation (paragraph 36). In this regard, the Committee notes that in 2016 UNICEF supplied medical, psycho-social, economic and legal assistance to 100,000 children who were subjected to sexual and gender-based violence (2016 UNICEF annual report on the Democratic Republic of the Congo, page 1). The Committee urges the Government to intensify its efforts and take effective and time-bound measures to remove children from the armed forces and armed groups, as well as from forced labour and sexual exploitation, and to ensure their rehabilitation and social integration, with a particular focus on the demobilization of girls. The Committee also requests the Government to provide information on the number of child soldiers who have been removed from the armed forces and armed groups and have been reintegrated through appropriate assistance with rehabilitation and social integration.

2. Children working in mines. The Committee previously noted that several projects for the prevention of child labour in mines and the reintegration of these children through education were being implemented, aimed at covering a total of 12,000 children, of whom 4,000 were to be covered by prevention measures and 8,000 were to be removed from labour and reintegrated through vocational training. The Government also indicated that more than 13,000 children were removed from three mining and quarrying locations in Katanga, East Kasai and Ituri as part of the work of the non-governmental organizations Save the Children and Solidarity Centre. These children were then placed in formal and non-formal education structures and also in apprenticeship programmes. However, the report also indicated that, in view of the persistence of the problem, much remained to be done. The Committee further noted that Congolese girls were victims of forced prostitution in improvised prostitution centres, in camps, around mining sites and in markets.

The Committee notes that the Conference Committee urged the Government to step up its efforts to prevent children from working in mining and other hazardous types of work and to provide the necessary and appropriate direct assistance for their removal from the worst forms of child labour.

The Committee notes that there is no information in the Government’s report on the number of children removed from mining work. However, it observes that the stated aim of part 5 of the draft sectoral strategy for combating child labour in mines – namely, providing protection and care for children – is to remove children from mines and cater for their needs in terms of protection and socio-economic reintegration. In this regard, planned actions are to identify the number of children working in informal mines, to implement alternative and sustainable solutions in educational and socio-economic terms, and to reinforce community mechanisms for prevention and for the protection and promotion of children’s and women’s rights. The Committee also notes that a draft plan to remove children from supply chains in small-scale mining has been adopted. The Committee requests the Government to intensify its efforts to prevent children under 18 years of age from working in mines and from being subjected to prostitution on mining sites. It also requests the Government to provide the necessary and appropriate direct assistance for their removal from these worst forms of child labour and to ensure their rehabilitation and social integration. It further requests the Government to send information on the measures taken under the three-year action plan for 2017–20 and the sectoral strategy for 2017–25, once the latter has been officially adopted, and on the results achieved.

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

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

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

The Committee notes the observations of the International Trade Union Confederation (ITUC) received on 1 September 2017, and the Government’s report.

Article 6 of the Convention. Programmes of action. In its previous comments, the Committee noted the Government’s indication that, since March 2011, the National Committee on Combating the Worst Forms of Child Labour (National Committee) has been drawing up the “National Action Plan for the elimination of child labour by 2020”, in collaboration with ILO–IPEC. The Government indicated that upstream measures aim to strengthen the capacities of national, provincial and local institutions in order to tackle the issue of the elimination of the worst forms of child labour. These measures are directed in particular at reforming national law, improving the functioning of the education system and raising public awareness of the worst forms of child labour. Downstream measures are specific interventions designed to provide assistance for working children and their families.

The Committee notes the Government’s indication in its report that the “National Action Plan to combat the worst forms of child labour 2012–20 (PAN)” was formulated and adopted in 2011 by the abovementioned National Committee and then adopted by the tripartite constituents of the National Labour Council at its 31st ordinary session in August 2015. It also notes the adoption of Inter-ministerial Order No. 118 of 2013 (attached to the Government’s report), which updates the core mandate of the National Committee.

The Committee notes the indication in the observations of the ITUC that the PAN has not made any quantifiable progress in terms of improving the work of the labour inspectorate and reducing the number of child victims of forced labour. The ITUC also indicates that decentralization, lack of resources and poor coordination are structural problems associated with combating child labour. The Committee notes the lack of information in the Government’s report on the measures taken and the results achieved through the PAN.

The Committee also notes that in order to achieve the overall goal of elimination of the worst forms of child labour by 2020, the PAN identifies five strategic components, each with specific objectives. These components relate to the legal framework, awareness raising and social mobilization, education, socio-economic vulnerability, protection and care, and management of PAN programmes and actions. The Committee observes with regret that the PAN is not being implemented effectively by the Government. The Committee therefore urges the Government to take immediate and effective measures to implement the PAN and send information on the results achieved and its impact on the elimination of child labour.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted the low school enrolment rate in the country (about 40 per cent of all children of school age). The Committee also noted the 2011 Education for All Global Monitoring Report published by UNESCO, entitled “The hidden crisis: Armed conflict and education”. This report reveals that poor countries in conflict situations, such as the Democratic Republic of the Congo, are the countries that are furthest away from achieving the “Education for All” goals and, in particular, that conflict zones often lag behind other areas of the country. For example, in North Kivu province, adolescents and young adults are twice as likely, in comparison with the national average, to have less than two years’ schooling. In addition, the forced recruitment of children in schools for use in armed conflict is common practice in the country, and this has led to the closure of many schools. Moreover, many girls have been the victims of rape on their way to school.

The Committee notes the indication in the observations of the ITUC that schools have been closed or destroyed as a result of the armed conflict or have been occupied and requisitioned by the army.

The Committee notes the Government’s indication that it has formulated a sectoral strategy for education and training for 2016–25, which was designed to address the problems and challenges identified in the situation report on the education system. It indicates that three major strategic components have been adopted, namely: to promote a more equitable education system, with the aim of establishing primary education that is really free of charge; to create conditions for a quality education system; and to establish transparent and effective governance. The Committee also observes that, according to the sectoral strategy, the completion rate in primary education is 64 per cent (page 140). The sectoral strategy also provides for the setting up of various coordination, steering, consultation and implementation committees, sub-sectoral technical committees in the ministries concerned, and provincial technical committees (pages 114–117). These committees will be in charge of implementing the action plan. The Committee notes, from the situation report on the national education system attached to the Government’s report, that primary education completion rates are the lowest of all rates in the six provinces affected by the conflict (page 29). It also notes that households make a disproportionate contribution to expenditure in education, namely 77 per cent of the total. The report indicates that financial issues play a key role as regards non-enrolment in school and dropping out of school (pages 25 and 164). In this regard, the Government indicates that the application of the law will help to ensure that schooling is free for children, as reflected in the action plan through the abolition of school fees for public primary schools (see strategy paper, page 142). The action plan also has the objective of encouraging the enrolment of girls in school and supporting the school enrolment of disadvantaged or marginalized population groups (page 142).

However, the Committee notes that, according to the report of the UN Secretary-General of 24 August 2017 on children and armed conflict (A/72/361–S/2017/821) (2017 report of the Secretary-General), a total of 51 schools were attacked in 2016 (paragraph 67). Moreover, according to the 30 June 2017 report of the UN Secretary-General on the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo (MONUSCO) (S/2017/565), since September 2016 MONUSCO has documented 646 attacks on schools in the Kasai provinces by the Kamuina Tsapu militia (paragraph 48). Lastly, the Committee notes that, according to the 2017 report of the Secretary-General, the Government has endorsed the Safe Schools Declaration (paragraph 72). While noting the steps taken by the Government, the Committee expresses its concern at the large number of children deprived of education on account of the armed conflict in the Democratic Republic of the Congo and hopes that the Government will provide the necessary resources for the effective implementation of the sectoral strategy for 2016–25. While acknowledging the difficult situation prevailing in the country, the Committee urges the Government to intensify its efforts to improve the functioning of the education system in the country and to facilitate access to free basic education for all Congolese children, especially in areas of armed conflict. It requests the Government to supply information on the measures taken as part of the action plan related to the sectoral strategy for 2016–25 to increase the school attendance rate at both primary and secondary levels, with a particular focus on girls. It also requests the Government to provide information on the results achieved, disaggregated by age and gender.

Clause (d). Children at special risk. 1. Street children. In its previous comments, the Committee noted that, according to UNICEF, some 30,000 children under 18 years of age were living in the country’s streets, mostly in Kinshasa. Moreover, a large number of young girls, some of them under 10 years of age, were working as prostitutes in the streets.

The Committee notes the Government’s indication that the Ministry of Social Affairs has a national strategy for vulnerable groups, including children in difficult situations. The Government also indicates that in order to defend the interests of children in this category, it set up a body in 2015 with a mandate to identify, guide and reintegrate these children. However, the Committee observes that the UN Committee on the Rights of the Child (CRC), in its concluding observations of 2017 (CRC/C/COD/CO/3-5), notes that thousands of children continue to live in the streets and are subjected to violence, rape, arbitrary arrests, disappearance, recruitment to armed groups and even summary executions (paragraph 43). Recalling that street children are at particular risk of becoming involved in the worst forms of child labour, the Committee requests the Government to intensify its efforts to protect street children from the worst forms of child labour and ensure their rehabilitation and social integration. The Committee also requests the Government to provide information on the measures taken to remove children under 18 years of age from the streets and to ensure their rehabilitation and social integration as part of the implementation of the national strategy for vulnerable groups and of the PAN.

2. HIV/AIDS orphans. In its previous comments, the Committee noted the Government’s report on monitoring the implementation of the 2011 UN General Assembly Special Session (UNGASS) Declaration of Commitment on HIV/AIDS, indicating that 25 per cent of children under 18 years of age in the Democratic Republic of the Congo – over 1 million children and adolescents – were classified as orphans and vulnerable children (OVCs). The Committee also noted that the school attendance rate was higher among children living with at least one parent (81 per cent) than among orphans (63 per cent).

The Committee notes the Government’s indication that an action plan has been drawn up by the HIV/AIDS Unit at the Ministry of Social Affairs in collaboration with the multi-sectoral national programme to combat HIV/AIDS. The Committee notes that, according to the Ministry’s website, the action plan contains a promotion component, which includes the provision of care for OVCs. However, the Committee notes that, according to Joint United Nations Programme on HIV/AIDS (UNAIDS) statistics for 2016, some 520,000 children up to 17 years of age are HIV/AIDS orphans. Recalling that HIV/AIDS orphans are at greater risk of becoming involved in the worst forms of child labour, the Committee once again encourages the Government to intensify its efforts to prevent HIV/AIDS orphans from becoming involved in the worst forms of child labour. It requests the Government to supply information on the measures taken and the results achieved under the action plan.

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

The Committee notes the observations of the International Organisation of Employers (IOE), received on 30 August 2017, and of the International Trade Union Confederation (ITUC), received on 1 September 2017, and of the in-depth discussion on the application of the Convention by the Democratic Republic of the Congo which took place in the Conference Committee on the Application of Standards in June 2017.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 106th Session, June 2017)

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or similar practices. Forced recruitment of children for use in armed conflict. In its previous comments, the Committee noted that section 187 of Act No. 09/001 of 10 January 2009 establishes a penalty of penal servitude of ten to 20 years for the enlistment or use of children under 18 years of age in the armed forces, armed groups or the police. The Committee noted the Government’s indication that the Armed Forces of the Democratic Republic of the Congo (FARDC) does not recruit children under 18 years of age. However, the Committee observed that, according to the 2011 report of the United Nations (UN) Secretary-General on children and armed conflict, a large number of children were still being recruited and continued to be associated with FARDC units. The report indicated that armed groups and the FARDC were responsible for numerous serious violations against children, including physical and sexual violence, killings and maimings.

The Committee notes the observations of the ITUC according to which the serious violations committed by the FARDC have not given rise to criminal prosecutions. The ITUC also states that numerous witnesses have made allegations that FARDC officers played an active role in the enlistment of children and that the Government has sufficient information to open investigations and prosecute the suspected perpetrators of these atrocities. Lastly, the ITUC highlights the contradictory actions of the Government, which is carrying out reforms to prevent further recruitment, but at the same time allows the police and the armed forces not only to recruit children but also to commit physical and sexual violence against them.

The Committee also notes the IOE’s statement that the adoption of legislation is insufficient without effective enforcement.

The Committee notes the Government’s indication in its report that an action plan to combat the recruitment and use of children in armed conflict and other serious violations of children’s rights by the armed forces and security services of the Democratic Republic of the Congo was adopted in 2012. The Government also indicates that one of the measures taken as part of the action plan was the appointment in 2015 of the Special Adviser to the Head of State on action to combat sexual violence and the recruitment of children into the armed forces. It also notes the Government’s indication that 17 children’s courts have been set up and are operational. The Committee observes that, according to the report of 20 April 2016 of the UN Secretary-General on children and armed conflict (A/70/836–S/2016/360) (2016 report), three new provincial joint technical working groups were established to accelerate the implementation of the action plan (paragraph 54). In this regard, it notes that, according to information from the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo (MONUSCO), a total of seven joint technical working groups were established in the provinces in 2017 (Goma, Bukavu, Kisangani, Lubumbashi, Kalemie, Bunia and Katanga), in addition to the national group. The Committee also takes note, according to the report of 24 August 2017 of the UN Secretary-General on children and armed conflict (A/72/361–S/2017/821) (2017 report of the Secretary-General), of the validation of standard operating procedures for age verification, the adoption of a Ministry of Defence directive for the dissemination of those procedures within the FARDC and the screening of new recruits. The report also indicates that the UN documented the arrest of at least 15 FARDC members and five Congolese National Police (PNC) officers, in particular for offences linked to the recruitment and use of children in armed conflict before 2016, and that 41 individuals (including 23 FARDC members and 11 PNC officers) were convicted of sexual violence against children and received sentences ranging from three years’ imprisonment to the death penalty. The Government reported that perpetrators of sexual violence against children were convicted in 129 cases (paragraph 71).

While noting these measures, the Committee nevertheless observes that, according to the 2017 report of the Secretary-General, the UN verified that 492 children (including 63 girls) were recruited and used by armed groups in 2016, with 82 per cent of cases occurring in North Kivu. At the time of recruitment, 129 children were under 15 years of age (paragraph 63). In addition, the report indicates that at least 124 children were killed and 116 maimed (paragraph 65). The rape of 170 girls and one boy was verified, the FARDC being responsible for 64 cases and the PNC for 12 cases (paragraph 66). The Committee also notes that, according to the 2016 report of the Secretary-General, a total of 488 cases of new recruitment of children were recorded in 2015, 89 per cent of which involved armed groups in North Kivu, in addition to the cases of ten boys previously recruited by the FARDC (paragraph 45). The report also refers to 254 cases of sexual violence against children, including 68 perpetrated by the FARDC, 19 by the PNC, and two by the National Intelligence Agency (paragraph 48). Lastly, it states that 68 individuals, including high-ranking officers, were arrested, with 37 receiving sentences of up to 20 years’ imprisonment for sexual violence against girls (paragraph 55).

The Committee further observes that the report of the Secretary-General on MONUSCO of 9 March 2016 (S/2016/233) refers to the fact that the Military Academies High Command (CGEM) screened new FARDC recruits and found among them 84 children, who were then demobilized. The CGEM called on the FARDC Joint Chiefs of Staff to impose sanctions on the recruiters (paragraph 48).

The Committee also notes that, according to the report of the Secretary-General on MONUSCO of 30 June 2017 (S/2017/565), between January and March 2017 MONUSCO documented 28 new cases of child recruitment by the Kamuina Nsapu militia in the Kasai provinces, where numerous cases of violence have been recorded. It also documented the killing of at least 59 children, including 25 girls, and the maiming of 44 children, including four girls (paragraph 48). The Committee also notes that, according to the MONUSCO report “Invisible survivors: Girls in armed groups in the Democratic Republic of Congo from 2009 to 2015”, since the adoption of the Child Protection Act in 2009, which criminalizes the recruitment of children, a total of 8,546 children, including 600 girls, were documented as recruited by the armed groups in the Democratic Republic of the Congo (up to May 2015). Furthermore, the Committee observes that the UN Committee on the Rights of the Child (CRC), in its concluding observations of 28 February 2017 (CRC/C/COD/CO/3-5), noted that, despite some improvements, there have been reports of the involvement of children in the activities of the national armed forces and reports of collaboration of the armed forces with armed groups that are known for the recruitment or use of child soldiers (paragraph 47). The Committee also observes that, according to the report of MONUSCO and the UN Office of the High Commissioner for Human Rights (OHCHR) entitled “Accountability for human rights violations and abuses in the DRC: Achievements, challenges and way forward (1 January 2014–31 March 2016)”, the number of prosecutions of members of armed groups remains very low. The report states that this is mainly due to the volatile security situation in the affected areas, which complicates investigations, particularly in terms of identifying the victims and the alleged perpetrators (paragraph 47). The report also describes the obstacles that exist, such as political considerations or de facto immunities enjoyed by certain suspected perpetrators on account of their customary powers. It adds that legal proceedings against members of armed groups would send a strong signal at national level and would also have a strong impact on the vetting of the security forces, since a conviction would make an individual ineligible to join the national armed forces (paragraphs 54–55). In this regard, the Committee notes that, according to the report of the Secretary-General on MONUSCO of 30 June 2017, MONUSCO engaged in advocacy with the military prosecutor with a view to bringing to justice the perpetrators of serious children’s rights violations (paragraph 48).

The Committee expresses its deep concern at the large number of children who are still being recruited by armed groups, especially as the persistence of this worst form of child labour leads to other violations of children’s rights, such as killings and sexual violence, which have also been committed by the armed forces. While recognizing the complexity of the situation on the ground and the existence of armed conflict and armed groups in the country, the Committee once again urges the Government to take urgent measures to ensure the full and immediate demobilization of all children in the FARDC ranks and to put a stop in practice to the forcible recruitment of children under 18 years of age into armed groups. The Committee urges the Government to take immediate and effective measures to ensure the thorough investigation and robust prosecution of all persons, including officers in the regular armed forces, who forcibly recruit children under 18 years of age for use in armed conflict, and to ensure that sufficiently effective and dissuasive penalties are imposed in practice, pursuant to Act No. 09/001 of 10 January 2009, including by the 17 courts established for this purpose. The Committee requests the Government to provide information on the number of investigations conducted, prosecutions brought, convictions issued against such persons and sanctions imposed.

Clauses (a) and (d). Forced or compulsory labour and hazardous work. Child labour in mines. In its previous comments, the Committee noted the observations of the Confederation of Trade Unions of the Congo (CSC) that young persons under 18 years of age are employed in mineral quarries in the provinces of Katanga and East Kasai. It noted the UN Special Rapporteur’s observation that military groups were recruiting children for forced labour for the extraction of natural resources. The Committee observed that, although the legislation is in conformity with the Convention on this point, child labour in mines was a problem in practice. The Committee noted UNICEF statistics indicating that nearly 50,000 children are working in mines in the Democratic Republic of the Congo, including 20,000 in the province of Katanga (south-east), 12,000 in Ituri (north-east) and some 11,800 in Kasai (centre).

The Committee notes the observations of the ITUC indicating that a 2016 Amnesty International report revealed that children work in the mines for up to 12 hours per day, carrying heavy sacks of rocks and earning only between US$1 and US$2 per day. The report also states that children work in the open air, in very high temperatures or rain, without any protective clothing and in constant contact with heavy concentrations of cobalt. The ITUC also reports that the climate of impunity that prevails regarding the employment of children in the mining sector is a direct consequence of the ineffectiveness and incompetence of the labour inspectorate. It adds that penalties for the use of forced labour remain inadequate and are not an effective deterrent.

The Committee also notes that, in the Conference Committee on the Application of Standards, the Worker member of the Democratic Republic of the Congo referred to the 2015 Amnesty International report on five mining sites in Katanga, according to which the health risks faced by children in mines include a potentially fatal lung disease, respiratory sensitization, asthma, shortness of breath and decreased pulmonary function.

The Committee also notes the observations of the IOE to the effect that if the human resources allocated to law enforcement are sparse, the revenue from these provinces and from the mining sector must be reinvested in recruiting the necessary staff, in the interests of the country and of its children.

The Committee notes the Government’s indication that the economy of the Democratic Republic of the Congo is mainly based on the exploitation of natural resources, involving hazardous operations in mining and quarrying, forestry, oil and gas. It adds that children between 16 and 18 years of age are most exposed to hazardous work in small-scale mining. The Committee takes notes of the Ministerial Order No. 0058/CAB.MIN/MINES/01/2012 of 29 February 2012 issuing procedures for the classification and authorization of gold- and tin-mining sites in the provinces of Katanga, Maniema, North Kivu, South Kivu and Eastern Province, attached to the Government’s report. Section 8 of the Order provides that the socio-economic situation of the region of the Great Lakes in general, and of the Democratic Republic of the Congo in particular, must be taken into account as an indicator and that steps must be taken to ensure that children are not employed on mining sites. The Committee also notes the Government’s indication that an inter-ministerial committee responsible for monitoring child labour in mines and on mining sites was set up in 2016. It indicates that the mandate of this committee is to: (1) coordinate and facilitate the various initiatives for combating child labour in mines and on mining sites; (2) act as the Government’s advisory, monitoring and follow-up body vis-à-vis the competent ministries and departments; and (3) engage in advocacy vis-à-vis third parties. The report also states that the abovementioned committee has drawn up a three-year action plan for 2017–20 with the general objective of coordinating actions on the ground to put an end to the presence of children in mining operations by 2020. The plan contains five specific objectives, namely: (i) monitor and evaluate the implementation of actions to combat child labour in mines and on mining sites; (ii) resolve the issue of the presence of children; (iii) step up the enforcement of measures for removing children from mineral supply chains, giving priority to “3TG” (tungsten, tantalum, tin and gold); (iv) implement corrective measures on the ground proposed by the competent ministries and departments; and (v) adopt a communication strategy. Lastly, the Committee notes that, according to information gathered by the ILO in the Democratic Republic of the Congo, a draft sectoral strategy was formulated and discussed at a workshop in September 2017 and is currently awaiting final adoption. The prime objective of this strategy is the gradual removal of children from small-scale mines and small-scale mining sites, and their social reintegration within their national community. The strategy also reproduces the objectives of the three-year action plan, with the additional objective of combating impunity. The Committee notes that the strategy states that an operational plan must be formulated as soon as possible. While noting the measures taken by the Government, the Committee once again expresses deep concern at the large number of children working under dangerous conditions in mines. The Committee urges the Government to take immediate and effective measures, as a matter of urgency, to eliminate forced child labour and hazardous work for children under 18 years of age in mines. In this regard, it requests the Government to take the necessary steps to ensure the thorough investigation and robust prosecution of offenders, and to ensure that sufficiently effective and dissuasive penalties are imposed in practice. It requests the Government to provide information on the actions taken and the results achieved as part of the implementation of the three-year action plan for 2017–20 and of the sectoral strategy for 2017–25, once the latter has been officially adopted.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour, removing them from such work and ensuring their rehabilitation and social integration. 1. Child soldiers. Further to its previous comments, the Committee notes the Government’s indication that it is consolidating data on children who have been the beneficiaries of demobilization and social and economic reintegration programmes. The Committee notes that, according to the 2017 report of the Secretary-General, a total of 1,662 children (including 177 girls) were separated from armed groups in 2016 (paragraph 74). In 2015, a total of 2,045 children were separated from armed groups and ten boys were separated from the FARDC (2016 report of the Secretary-General, paragraph 53). The Committee also observes that, according to the report of the Secretary-General on MONUSCO of 10 March 2017 (S/2017/206), between January and March 2017, 61 boys and nine girls were separated or escaped from armed groups (paragraph 33). In addition, it notes that, according to the report of the Secretary-General on MONUSCO of 30 June 2017 (S/2017/565), between March and June 2017 at least 269 children (including 14 girls) were separated or escaped from armed groups (paragraph 47). The Committee also notes that the MONUSCO report “Invisible survivors: Girls in armed groups in the Democratic Republic of Congo from 2009 to 2015” highlights the harsh reality faced by girls, half of whom have been subjected to sexual violence and often remain behind in armed groups for fear of stigmatization. In this regard, the Committee notes that the CRC, in its concluding observations of 2017, indicates that the human and financial resources for the demobilization, rehabilitation and reintegration of child soldiers are scarce, disproportionately affecting girl soldiers who comprise up to 30 per cent of children involved with the armed forces and armed groups (paragraph 47(e)). The CRC also refers to the fact that girl soldiers face stigmatization and rejection by their communities and thus are sometimes obliged to rejoin armed groups (paragraph 47(f)). Furthermore, the Committee observes that the CRC, in its concluding observations of 28 February 2017 relating to the sale of children, child prostitution and child pornography (CRC/C/OPSC/COD/CO/1), expresses concern at the fact that a significant number of girls remain victims of sexual exploitation and forced labour in the hands of armed groups (paragraph 40) and that there is no clear procedure or referral service for the protection and care of child victims of sexual exploitation (paragraph 36). In this regard, the Committee notes that in 2016 UNICEF supplied medical, psycho-social, economic and legal assistance to 100,000 children who were subjected to sexual and gender-based violence (2016 UNICEF annual report on the Democratic Republic of the Congo, page 1). The Committee urges the Government to intensify its efforts and take effective and time-bound measures to remove children from the armed forces and armed groups, as well as from forced labour and sexual exploitation, and to ensure their rehabilitation and social integration, with a particular focus on the demobilization of girls. The Committee also requests the Government to provide information on the number of child soldiers who have been removed from the armed forces and armed groups and have been reintegrated through appropriate assistance with rehabilitation and social integration.

2. Children working in mines. The Committee previously noted that several projects for the prevention of child labour in mines and the reintegration of these children through education were being implemented, aimed at covering a total of 12,000 children, of whom 4,000 were to be covered by prevention measures and 8,000 were to be removed from labour and reintegrated through vocational training. The Government also indicated that more than 13,000 children were removed from three mining and quarrying locations in Katanga, East Kasai and Ituri as part of the work of the non-governmental organizations Save the Children and Solidarity Centre. These children were then placed in formal and non-formal education structures and also in apprenticeship programmes. However, the report also indicated that, in view of the persistence of the problem, much remained to be done. The Committee further noted that Congolese girls were victims of forced prostitution in improvised prostitution centres, in camps, around mining sites and in markets.

The Committee notes that the Conference Committee urged the Government to step up its efforts to prevent children from working in mining and other hazardous types of work and to provide the necessary and appropriate direct assistance for their removal from the worst forms of child labour.

The Committee notes that there is no information in the Government’s report on the number of children removed from mining work. However, it observes that the stated aim of part 5 of the draft sectoral strategy for combating child labour in mines – namely, providing protection and care for children – is to remove children from mines and cater for their needs in terms of protection and socio-economic reintegration. In this regard, planned actions are to identify the number of children working in informal mines, to implement alternative and sustainable solutions in educational and socio-economic terms, and to reinforce community mechanisms for prevention and for the protection and promotion of children’s and women’s rights. The Committee also notes that a draft plan to remove children from supply chains in small-scale mining has been adopted. The Committee requests the Government to intensify its efforts to prevent children under 18 years of age from working in mines and from being subjected to prostitution on mining sites. It also requests the Government to provide the necessary and appropriate direct assistance for their removal from these worst forms of child labour and to ensure their rehabilitation and social integration. It further requests the Government to send information on the measures taken under the three-year action plan for 2017–20 and the sectoral strategy for 2017–25, once the latter has been officially adopted, and on the results achieved.

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

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or similar practices. Forced labour of children for sexual exploitation. In its previous comments the Committee noted that section 183 of Act No. 09/001 of 10 January 2009 concerning child protection establishes a penalty of penal servitude of ten to 20 years for imposing sexual slavery on a child. Nevertheless, the Committee observed that the Committee on the Rights of the Child (CRC), in its concluding observations of 10 February 2009 (CRC/C/COD/CO/2, paragraph 10), expressed concern that the enacted laws are not always followed by the issuance of appropriate implementing decrees, that law enforcement mechanisms are weak and that no activities have been carried out to raise awareness of these laws which are, consequently, not applied or implemented.

The Committee notes the Government’s indication that consultations have been initiated with a view to collecting statistics on the application, in practice, of legislative texts relating to the sale and trafficking of children for sexual exploitation. The Committee notes that, according to a 2011 report on trafficking in persons on the website of the United Nations High Commissioner for Refugees (UNHCR), Congolese girls are the victims of forced prostitution in improvised brothels and in camps, and also in the vicinity of mines and markets. Moreover, the various armed groups continue to abduct children for sexual exploitation. The Committee observes that, despite the prohibition on sexual slavery in national law, the situation remains extremely worrying in practice. It therefore expresses its deep concern at the situation of many Congolese girls who are the victims of forced labour for sexual exploitation by the different armed groups and by various gangs. The Committee urges the Government to take immediate and effective measures to ensure the thorough investigation and robust prosecution of persons who subject children under 18 years of age to forced labour for sexual exploitation and the imposition in practice of effective penalties constituting an adequate deterrent, pursuant to Act No. 09/001 of 10 January 2009. It requests the Government to provide statistics in its next report on the number of investigations, prosecutions, convictions and criminal penalties imposed in relation to the perpetrators of the aforementioned offences.

Article 6. Programmes of action. Further to its previous comments the Committee notes the Government’s indication that, since March 2011, the National Committee for Action against the Worst Forms of Child Labour has been drawing up the National Plan of Action (PAN) for the elimination of child labour by 2020, in collaboration with ILO–IPEC. The Government indicates in its report that upstream measures aim to strengthen the capacities of national, provincial and local institutions in order to tackle the issue of the elimination of the worst forms of child labour. These measures are directed in particular at reforming national law, improving the functioning of the education system and raising public awareness of the worst forms of child labour. Downstream measures are specific interventions designed to provide assistance for working children and their families. The Committee expresses the hope that the PAN will be adopted in the near future and requests it to supply detailed information on the specific measures to be taken or contemplated in this context. It also requests the Government to send a copy of the PAN, once it has been adopted.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted the low school enrolment rate in the country (about 40 per cent of all children of school age). It observed that, in the context of the “Education for All” goals, the country has established a number of projects to boost the education sector, including PARSEC and PASE. The Committee asked the Government to send information on the measures taken in the context of these two projects.

The Committee observes that the Government’s report does not contain any information on this matter. It notes the 2011 Education for All Global Monitoring Report published by UNESCO, entitled The hidden crisis: Armed conflict and education. This document reveals that poor countries in conflict situations, such as the Democratic Republic of the Congo, are the countries that are furthest away from achieving the “Education for All” goals. The Committee notes in particular that conflict zones often lag behind other areas. For example, in North Kivu province, adolescents and young adults are twice as likely, in comparison with the national average, to have less than two years in school. In addition, the forced recruitment of children from schools for use in armed conflict is common practice in the area, and this has led to the closure of many schools. Moreover, many girls have been the victims of rape on their way to school. The Committee expresses its concern at the large number of children deprived of education because of the armed conflict in the Democratic Republic of the Congo. In view of the fact that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee urges the Government to intensify its efforts to improve the functioning of the education system in the country and to facilitate access to free basic education for all Congolese children, especially in areas affected by armed conflict. It again requests the Government to supply information on the measures taken in the context of the PARSEC and PASE projects to increase the school attendance rate, both at primary and secondary level, giving particular attention to girls. It also requests the Government to provide information on the results achieved.

Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour, removing them from such work and ensuring their rehabilitation and social integration. Forced labour of children for sexual exploitation. The Committee previously noted that the Government had established a multi-sectoral cooperation and action framework to prevent and respond to violence inflicted upon women, young persons and children, and that various ministries, United Nations agencies and NGOs were participating in this framework. The action taken in this context included the adoption of laws relating to sexual violence, awareness-raising so that victims report their aggressors, psychological and social support for victims, medical treatment through the creation or reinforcement of health centre facilities to provide suitable care for victims, and legal support through the creation of legal advice centres.

The Committee notes with regret that the Government’s report, once again, does not contain any information on the impact of the measures taken within this multi-sectoral framework. The Committee urges the Government to take effective and time-bound measures to remove children under 18 years of age who are victims of forced labour for sexual exploitation and ensure their rehabilitation and social integration. It requests the Government to send information on specific measures contemplated in this regard, especially in the context of the PAN.

Clause (d). Children at special risk. Street children. Further to its previous comments the Committee notes that, according to a UNICEF press release dated 16 June 2011, some 30,000 children under 18 years of age live in the country’s streets, mostly in Kinshasa. Moreover, a large number of young girls, some of them less than 10 years old, work as prostitutes in the streets. The Committee also notes that the CRC, in its concluding observations of 10 February 2009 (CRC/C/COD/CO/2, paragraph 76), while noting with interest the Government’s efforts to protect street children, expressed concern at the fact that street children have insufficient access to lodging, food, health care, education and rehabilitation services. In view of the fact that street children are at particular risk of becoming involved in the worst forms of child labour, the Committee requests the Government to intensify its efforts to protect street children from the worst forms of child labour and ensure their rehabilitation and social integration. It also requests the Government to provide information on the measures taken or contemplated by the National Committee for Action against the Worst Forms of Child Labour to remove street children under 18 years of age from the worst forms of child labour and ensure their rehabilitation and social integration in the context of the PAN.

HIV/AIDS orphans. Further to its previous comments, the Committee notes the Government’s report on monitoring the implementation of the UNGASS Declaration of Commitment on HIV/AIDS of 31 March 2010. The report indicates that 25 per cent of children under 18 years of age in the Democratic Republic of the Congo are considered to be orphans and vulnerable children (OVCs), i.e. over 1 million children and adolescents. The Committee also notes that the school attendance rate is higher among children living with at least one parent (81 per cent) than among orphans (63 per cent). Recalling that HIV/AIDS orphans are at greater risk of becoming involved in the worst forms of child labour, the Committee encourages the Government to intensify its efforts to prevent HIV/AIDS orphans from becoming involved in the worst forms of child labour. It requests the Government to supply information on the measures taken and the results achieved in the context of the UNGASS Declaration of Commitment on HIV/AIDS.

Article 8. International cooperation and assistance. The Committee noted that, according to World Bank information, the Government was preparing a Poverty Reduction Strategy Paper (PRSP). The Committee also noted the Government’s indication that the Growth and Poverty Reduction Strategy Paper (GPRSP) has been drawn up and that a five-year programme of action would be implemented.

Recalling that poverty reduction programmes contribute to breaking the cycle of poverty, which is essential for the elimination of the worst forms of child labour, the Committee again requests the Government to provide information in its next report on the results achieved in the context of the programme of action for the implementation of the GPRSP and its impact on the elimination of the worst forms of child labour.

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 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or similar practices. Forced recruitment of children for use in armed conflict. In its previous comments the Committee noted that section 187 of Act No. 09/001 of 10 January 2009 establishes a penalty of penal servitude of ten to 20 years for the enrolment or use of children under 18 years of age in the armed forces and groups and the police. The Committee noted that, according to the report of 9 July 2010 of the United Nations Secretary-General on children and armed conflict in the Democratic Republic of the Congo (S/2010/369, paragraphs 17–41), 1,593 cases of recruitment of children were reported between October 2008 and December 2009, including 1,235 in 2009. The report of the United Nations Secretary-General also indicated that 42 per cent of the total number of cases of recruitment reported have been attributed to the Armed Forces of the Democratic Republic of the Congo (FARDC). The Committee also noted with concern that, according to the Secretary-General’s report, the number of incidents involving the killing and maiming of children had increased. In addition, a significant increase in the number of abductions of children was also observed over the period covered by the Secretary-General’s report, mainly carried out by the Lords’ Resistance Army (LRA) but in some cases by the FARDC. The Committee also observed that the Committee on the Rights of the Child (CRC), in its concluding observations of 10 February 2009 (CRC/C/COD/CO/2, paragraph 67), expressed grave concern that the State, through its armed forces, bears direct responsibility for violations of the rights of the child and that it had failed to protect children and prevent such violations.

The Committee notes the Government’s indication that children under 18 years of age are not recruited into the armed forces of the Democratic Republic of the Congo. Nevertheless, the Committee notes that, according to the report of 23 April 2011 of the United Nations Secretary-General on children and armed conflict (A/65/820-S/2011/250, paragraph 27), many children continue to be recruited and remain associated with FARDC units, particularly within former units of the Congrès national pour la défense du peuple (CNDP) incorporated into the FARDC. The report also indicates that, of the 1,656 children in the armed forces or groups who escaped or were released in 2010, a large proportion had been recruited to the FARDC (21 per cent) (paragraph 37). Moreover, despite the drop in the number of cases of children recruited into armed forces and groups in 2010, the report points out that former CNDP elements continue to recruit or to threaten to recruit children under 18 years of age from schools in North Kivu (paragraph 85). The Committee also notes that no judicial action has been initiated against the suspected perpetrators of forced recruitment of children, some of whom remain in the command structure of the FARDC (paragraph 88).

Furthermore, physical and sexual violence committed against children by the FARDC, the Congolese National Police and various armed groups continued to be a source of serious concern in 2010. The Committee notes in particular that in 2010, of the 26 recorded cases of killing of children, 13 were attributed to the FARDC. In addition, seven cases of maiming of children and 67 cases of sexual violence against children are alleged to have been perpetrated by FARDC elements during the same period (paragraph 87).

The Committee observes that despite the adoption of Legislative Decree No. 066 of 9 June 2000, concerning the demobilization and reintegration of vulnerable groups present within the fighting forces, and of Act 09/001 of 10 January 2009, which prohibits and penalizes the enrolment and use of children under 18 years of age in armed forces and groups and the police (sections 71 and 187), children under 18 years of age continue to be recruited and forced to join the regular armed forces of the Democratic Republic of the Congo and armed groups. The Committee expresses deep concern at this situation, especially as the persistence of this worst form of child labour results in other violations of children’s rights, such as murder and sexual violence. The Committee therefore urges the Government to take measures as a matter of urgency to ensure the full and immediate demobilization of all children in the ranks of the FARDC and to put a stop, in practice, to the forced recruitment of children under 18 years of age into armed groups. With reference to Security Council resolution 1998 of 12 July 2011, which recalls “the responsibilities of States to end impunity and to prosecute those responsible for genocide, crimes against humanity and other egregious crimes perpetrated against children”, the Committee urges the Government to take immediate and effective measures to ensure that thorough investigations and robust prosecutions of any persons, including officers in the regular armed forces, who forcibly recruit children under 18 years of age for use in armed conflict, are carried out and that sufficiently effective and dissuasive penalties are imposed in practice, pursuant to Act No. 09/001 of 10 January 2009. It requests the Government to provide information on the number of investigations conducted, prosecutions brought and convictions handed down against such persons in its next report.

Clauses (a) and (d). Forced or compulsory labour and hazardous work. Child labour in mines. In its previous comments the Committee noted the statement by the Confederation of Trade Unions of the Congo (CSC) that young persons under 18 years of age are employed in mineral quarries in the provinces of Katanga and East Kasai. It noted that the United Nations Special Rapporteur, in her report of April 2003 on the situation of human rights in the Democratic Republic of the Congo (E/CN.4/2003/43, paragraph 59), noted that military units are recruiting children for forced labour, especially for the extraction of natural resources. The Committee observed that, although the legislation is in conformity with the Convention on this point, child labour in mines is a problem in practice and it, therefore, asked the Government to supply information on the measures which would be taken by the labour inspectorate to prohibit hazardous work by children in mines.

The Committee notes the Government’s indication that action to strengthen the capacities of the labour inspectorate is planned in the context of the formulation and implementation of the National Plan of Action (PAN) for the elimination of child labour by 2020. The report also indicates that the Government has launched consultations with a view to gathering statistics on the application, in practice, of legislation relating to the prohibition on hazardous work in mines for children under 18 years of age. However, the Committee notes the UNICEF statistics included in the Government’s report, which indicate that nearly 50,000 children are working in mines in the Democratic Republic of the Congo, including 20,000 in the province of Katanga (south-east), 12,000 in Ituri (north-east) and some 11,800 in Kasai (centre). Moreover, the Committee observes that, according to the information in the 2011 report on trafficking in persons, armed groups and the FARDC are recruiting men and children and subjecting them to forced labour for the extraction of minerals. According to the same document, the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo (MONUSCO) report of January 2011 reports that a commander of one of the FARDC battalions makes use of the forced labour of children in mines in North Kivu. The Committee expresses its deep concern at the allegations that children under 18 years of age are used, especially by certain elements of FARDC, for the extraction of minerals in conditions similar to slavery and in hazardous conditions. The Committee therefore urges the Government to take immediate and effective measures, as a matter of urgency, to eliminate the forced or hazardous labour of children under 18 years of age in mines. It requests the Government to take the necessary measures to ensure that thorough investigations and robust prosecutions of offenders are carried out and that sufficiently effective and dissuasive penalties are imposed on them in practice. The Government is also requested to provide statistics on the application of the legislation in practice and also requests it to provide information on action to strengthen the capacities of the labour inspectorate planned in the context of the PAN.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour, removing them from such work and ensuring their rehabilitation and social integration. Child soldiers. In its previous comments, the Committee noted that, according to the report of the United Nations Secretary-General of 9 July 2010, the number of children released in 2009 more than tripled in comparison with 2008, particularly in the province of North Kivu (S/2010/369, paragraphs 30 and 51–58). Between October 2008 and the end of 2009, a total of 3,180 children (3,004 boys and 176 girls) left the ranks of the armed forces and groups or fled and were admitted to reintegration programmes. However, the Committee noted with concern that on many occasions the FARDC denied access to the camps to child protection institutions seeking to verify the presence of children in FARDC units and that the commanders refused to release children. The Committee also observed that there were many obstacles to effective reintegration, such as the constant insecurity and the continuing presence of former recruiters in the same region. The Committee further noted that the CRC, in its concluding observations of 10 February 2009 (CRC/C/COD/CO/2, paragraph 72), expressed concern at the fact that no provision has been made to assist several thousand child victims recruited or used in hostilities with rehabilitation and reintegration and that some of these children have been re recruited for want of alternatives or assistance with demobilization. According to the report of the Secretary-General of 9 July 2010, girls associated with the armed forces and groups (around 15 per cent of the total number of children) rarely have access to reintegration programmes, with only 7 per cent receiving assistance through national disarmament, demobilization and reintegration programmes.

The Committee notes the information provided by the Government concerning the results achieved regarding the demobilization of child soldiers by the new structure of the Unit for the Implementation of the National Programme for Disarmament, Demobilization and Reintegration (UE-PNDDR). It observes that more than 30,000 children have been separated from the armed forces and groups since the launch of the programme in 2004, including nearly 3,000 in 2009 and 2010. Moreover, 6,704 children removed from the armed forces and groups (1,940 girls and 4,764 boys) received support in 2010. However, the Committee observes that, according to the report of 23 April 2011 of the United Nations Secretary-General on children and armed conflict, only 1,656 children recruited to the armed forces or groups escaped or were released in 2010 (A/65/820-S/2011/250, paragraph 37). Of these, the vast majority fled and only a small minority were released by child protection institutions (paragraph 38). The Committee also notes with regret that, according to the aforementioned report, the Government has not been forthcoming in engaging with the United Nations on an action plan to end the recruitment and use of children by the FARDC (paragraph 27). The Committee further observes that, although more than 50 screening attempts were carried out by MONUSCO aimed at demobilizing children under 18 years of age who had been recruited to the FARDC, only five children were demobilized owing to the fact that FARDC troops were not made available for screening by MONUSCO. The Committee also notes that a large number of children released in 2010 stated that they had been recruited several times (paragraph 27) and that some 80 children who had been reunited with their families returned to the transit centres alone in North Kivu during November 2010 for fear of being re-recruited (paragraph 85). The Committee therefore urges the Government to intensify its efforts and take effective, time-bound measures to remove children from armed groups and forces and ensure their rehabilitation and social integration, giving special attention to the demobilization of girls. It expresses the firm hope that the Government will adopt a time-bound plan of action in the very near future, in collaboration with MONUSCO, to put a stop to the recruitment of children under 18 years of age into the regular armed forces and to ensure their demobilization and reintegration. The Committee also requests the Government to continue to provide information on the number of child soldiers removed from armed forces and groups and reintegrated through appropriate assistance with rehabilitation and social integration. It requests the Government to provide information on this matter in its next report.

Children working in mines. The Committee previously noted that a number of projects for the prevention of child labour in mines and the reintegration of these children through education were being implemented, aimed at covering a total of 12,000 children, of whom 4,000 were to be covered by prevention measures and 8,000 were to be removed from labour with a view to their reintegration through vocational training.

The Committee notes the Government’s indication that efforts are being made to remove children working in mines from this worst form of child labour. The Government also indicates in its report that more than 13,000 children have been removed from three mining and quarrying locations in Katanga, East Kasai and Ituri as part of the work of the NGOs Save the Children and Solidarity Centre. These children were then placed in formal and non-formal education structures and also in apprenticeship programmes. However, the report also indicates that, in view of the persistence of the problem, much work remains to be done. The Committee therefore requests the Government to intensify its efforts to prevent children under 18 years of age from working in mines and to provide the necessary and appropriate direct assistance for their removal from these worst forms of child labour and to ensure their rehabilitation and social integration. It requests the Government to provide information on the measures taken or contemplated in the context of the PAN and on the results achieved.

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

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or similar practices. Forced labour of children for sexual exploitation. In its previous comments the Committee noted that section 183 of Act No. 09/001 of 10 January 2009 concerning child protection establishes a penalty of penal servitude of ten to 20 years for imposing sexual slavery on a child. Nevertheless, the Committee observed that the Committee on the Rights of the Child (CRC), in its concluding observations of 10 February 2009 (CRC/C/COD/CO/2, paragraph 10), expressed concern that the enacted laws are not always followed by the issuance of appropriate implementing decrees, that law enforcement mechanisms are weak and that no activities have been carried out to raise awareness of these laws which are, consequently, not applied or implemented.

The Committee notes the Government’s indication that consultations have been initiated with a view to collecting statistics on the application, in practice, of legislative texts relating to the sale and trafficking of children for sexual exploitation. The Committee notes that, according to a 2011 report on trafficking in persons on the website of the United Nations High Commissioner for Refugees (UNHCR), Congolese girls are the victims of forced prostitution in improvised brothels and in camps, and also in the vicinity of mines and markets. Moreover, the various armed groups continue to abduct children for sexual exploitation. The Committee observes that, despite the prohibition on sexual slavery in national law, the situation remains extremely worrying in practice. It therefore expresses its deep concern at the situation of many Congolese girls who are the victims of forced labour for sexual exploitation by the different armed groups and by various gangs. The Committee urges the Government to take immediate and effective measures to ensure the thorough investigation and robust prosecution of persons who subject children under 18 years of age to forced labour for sexual exploitation and the imposition in practice of effective penalties constituting an adequate deterrent, pursuant to Act No. 09/001 of 10 January 2009. It requests the Government to provide statistics in its next report on the number of investigations, prosecutions, convictions and criminal penalties imposed in relation to the perpetrators of the aforementioned offences.

Article 6. Programmes of action. Further to its previous comments the Committee notes the Government’s indication that, since March 2011, the National Committee for Action against the Worst Forms of Child Labour has been drawing up the National Plan of Action (PAN) for the elimination of child labour by 2020, in collaboration with ILO–IPEC. The Government indicates in its report that upstream measures aim to strengthen the capacities of national, provincial and local institutions in order to tackle the issue of the elimination of the worst forms of child labour. These measures are directed in particular at reforming national law, improving the functioning of the education system and raising public awareness of the worst forms of child labour. Downstream measures are specific interventions designed to provide assistance for working children and their families. The Committee expresses the hope that the PAN will be adopted in the near future and requests it to supply detailed information on the specific measures to be taken or contemplated in this context. It also requests the Government to send a copy of the PAN, once it has been adopted.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted the low school enrolment rate in the country (about 40 per cent of all children of school age). It observed that, in the context of the “Education for All” goals, the country has established a number of projects to boost the education sector, including PARSEC and PASE. The Committee asked the Government to send information on the measures taken in the context of these two projects.

The Committee observes that the Government’s report does not contain any information on this matter. It notes the 2011 Education for All Global Monitoring Report published by UNESCO, entitled The hidden crisis: Armed conflict and education. This document reveals that poor countries in conflict situations, such as the Democratic Republic of the Congo, are the countries that are furthest away from achieving the “Education for All” goals. The Committee notes in particular that conflict zones often lag behind other areas. For example, in North Kivu province, adolescents and young adults are twice as likely, in comparison with the national average, to have less than two years in school. In addition, the forced recruitment of children from schools for use in armed conflict is common practice in the area, and this has led to the closure of many schools. Moreover, many girls have been the victims of rape on their way to school. The Committee expresses its concern at the large number of children deprived of education because of the armed conflict in the Democratic Republic of the Congo. In view of the fact that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee urges the Government to intensify its efforts to improve the functioning of the education system in the country and to facilitate access to free basic education for all Congolese children, especially in areas affected by armed conflict. It again requests the Government to supply information on the measures taken in the context of the PARSEC and PASE projects to increase the school attendance rate, both at primary and secondary level, giving particular attention to girls. It also requests the Government to provide information on the results achieved.

Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour, removing them from such work and ensuring their rehabilitation and social integration. Forced labour of children for sexual exploitation. The Committee previously noted that the Government had established a multi-sectoral cooperation and action framework to prevent and respond to violence inflicted upon women, young persons and children, and that various ministries, United Nations agencies and NGOs were participating in this framework. The action taken in this context included the adoption of laws relating to sexual violence, awareness-raising so that victims report their aggressors, psychological and social support for victims, medical treatment through the creation or reinforcement of health centre facilities to provide suitable care for victims, and legal support through the creation of legal advice centres.

The Committee notes with regret that the Government’s report, once again, does not contain any information on the impact of the measures taken within this multi-sectoral framework. The Committee urges the Government to take effective and time-bound measures to remove children under 18 years of age who are victims of forced labour for sexual exploitation and ensure their rehabilitation and social integration. It requests the Government to send information on specific measures contemplated in this regard, especially in the context of the PAN.

Clause (d). Children at special risk. Street children. Further to its previous comments the Committee notes that, according to a UNICEF press release dated 16 June 2011, some 30,000 children under 18 years of age live in the country’s streets, mostly in Kinshasa. Moreover, a large number of young girls, some of them less than 10 years old, work as prostitutes in the streets. The Committee also notes that the CRC, in its concluding observations of 10 February 2009 (CRC/C/COD/CO/2, paragraph 76), while noting with interest the Government’s efforts to protect street children, expressed concern at the fact that street children have insufficient access to lodging, food, health care, education and rehabilitation services. In view of the fact that street children are at particular risk of becoming involved in the worst forms of child labour, the Committee requests the Government to intensify its efforts to protect street children from the worst forms of child labour and ensure their rehabilitation and social integration. It also requests the Government to provide information on the measures taken or contemplated by the National Committee for Action against the Worst Forms of Child Labour to remove street children under 18 years of age from the worst forms of child labour and ensure their rehabilitation and social integration in the context of the PAN.

HIV/AIDS orphans. Further to its previous comments, the Committee notes the Government’s report on monitoring the implementation of the UNGASS Declaration of Commitment on HIV/AIDS of 31 March 2010. The report indicates that 25 per cent of children under 18 years of age in the Democratic Republic of the Congo are considered to be orphans and vulnerable children (OVCs), i.e. over 1 million children and adolescents. The Committee also notes that the school attendance rate is higher among children living with at least one parent (81 per cent) than among orphans (63 per cent). Recalling that HIV/AIDS orphans are at greater risk of becoming involved in the worst forms of child labour, the Committee encourages the Government to intensify its efforts to prevent HIV/AIDS orphans from becoming involved in the worst forms of child labour. It requests the Government to supply information on the measures taken and the results achieved in the context of the UNGASS Declaration of Commitment on HIV/AIDS.

Article 8. International cooperation and assistance. The Committee noted that, according to World Bank information, the Government was preparing a Poverty Reduction Strategy Paper (PRSP). The Committee also noted the Government’s indication that the Growth and Poverty Reduction Strategy Paper (GPRSP) has been drawn up and that a five-year programme of action would be implemented.

Recalling that poverty reduction programmes contribute to breaking the cycle of poverty, which is essential for the elimination of the worst forms of child labour, the Committee again requests the Government to provide information in its next report on the results achieved in the context of the programme of action for the implementation of the GPRSP and its impact on the elimination of the worst forms of child labour.

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 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or similar practices. Forced recruitment of children for use in armed conflict. In its previous comments the Committee noted that section 187 of Act No. 09/001 of 10 January 2009 establishes a penalty of penal servitude of ten to 20 years for the enrolment or use of children under 18 years of age in the armed forces and groups and the police. The Committee noted that, according to the report of 9 July 2010 of the United Nations Secretary-General on children and armed conflict in the Democratic Republic of the Congo (S/2010/369, paragraphs 17–41), 1,593 cases of recruitment of children were reported between October 2008 and December 2009, including 1,235 in 2009. The report of the United Nations Secretary-General also indicated that 42 per cent of the total number of cases of recruitment reported have been attributed to the Armed Forces of the Democratic Republic of the Congo (FARDC). The Committee also noted with concern that, according to the Secretary-General’s report, the number of incidents involving the killing and maiming of children had increased. In addition, a significant increase in the number of abductions of children was also observed over the period covered by the Secretary-General’s report, mainly carried out by the Lords’ Resistance Army (LRA) but in some cases by the FARDC. The Committee also observed that the Committee on the Rights of the Child (CRC), in its concluding observations of 10 February 2009 (CRC/C/COD/CO/2, paragraph 67), expressed grave concern that the State, through its armed forces, bears direct responsibility for violations of the rights of the child and that it had failed to protect children and prevent such violations.

The Committee notes the Government’s indication that children under 18 years of age are not recruited into the armed forces of the Democratic Republic of the Congo. Nevertheless, the Committee notes that, according to the report of 23 April 2011 of the United Nations Secretary-General on children and armed conflict (A/65/820-S/2011/250, paragraph 27), many children continue to be recruited and remain associated with FARDC units, particularly within former units of the Congrès national pour la défense du peuple (CNDP) incorporated into the FARDC. The report also indicates that, of the 1,656 children in the armed forces or groups who escaped or were released in 2010, a large proportion had been recruited to the FARDC (21 per cent) (paragraph 37). Moreover, despite the drop in the number of cases of children recruited into armed forces and groups in 2010, the report points out that former CNDP elements continue to recruit or to threaten to recruit children under 18 years of age from schools in North Kivu (paragraph 85). The Committee also notes that no judicial action has been initiated against the suspected perpetrators of forced recruitment of children, some of whom remain in the command structure of the FARDC (paragraph 88).

Furthermore, physical and sexual violence committed against children by the FARDC, the Congolese National Police and various armed groups continued to be a source of serious concern in 2010. The Committee notes in particular that in 2010, of the 26 recorded cases of killing of children, 13 were attributed to the FARDC. In addition, seven cases of maiming of children and 67 cases of sexual violence against children are alleged to have been perpetrated by FARDC elements during the same period (paragraph 87).

The Committee observes that despite the adoption of Legislative Decree No. 066 of 9 June 2000, concerning the demobilization and reintegration of vulnerable groups present within the fighting forces, and of Act 09/001 of 10 January 2009, which prohibits and penalizes the enrolment and use of children under 18 years of age in armed forces and groups and the police (sections 71 and 187), children under 18 years of age continue to be recruited and forced to join the regular armed forces of the Democratic Republic of the Congo and armed groups. The Committee expresses deep concern at this situation, especially as the persistence of this worst form of child labour results in other violations of children’s rights, such as murder and sexual violence. The Committee therefore urges the Government to take measures as a matter of urgency to ensure the full and immediate demobilization of all children in the ranks of the FARDC and to put a stop, in practice, to the forced recruitment of children under 18 years of age into armed groups. With reference to Security Council resolution 1998 of 12 July 2011, which recalls “the responsibilities of States to end impunity and to prosecute those responsible for genocide, crimes against humanity and other egregious crimes perpetrated against children”, the Committee urges the Government to take immediate and effective measures to ensure that thorough investigations and robust prosecutions of any persons, including officers in the regular armed forces, who forcibly recruit children under 18 years of age for use in armed conflict, are carried out and that sufficiently effective and dissuasive penalties are imposed in practice, pursuant to Act No. 09/001 of 10 January 2009. It requests the Government to provide information on the number of investigations conducted, prosecutions brought and convictions handed down against such persons in its next report.

Clauses (a) and (d). Forced or compulsory labour and hazardous work. Child labour in mines. In its previous comments the Committee noted the statement by the Confederation of Trade Unions of the Congo (CSC) that young persons under 18 years of age are employed in mineral quarries in the provinces of Katanga and East Kasai. It noted that the United Nations Special Rapporteur, in her report of April 2003 on the situation of human rights in the Democratic Republic of the Congo (E/CN.4/2003/43, paragraph 59), noted that military units are recruiting children for forced labour, especially for the extraction of natural resources. The Committee observed that, although the legislation is in conformity with the Convention on this point, child labour in mines is a problem in practice and it, therefore, asked the Government to supply information on the measures which would be taken by the labour inspectorate to prohibit hazardous work by children in mines.

The Committee notes the Government’s indication that action to strengthen the capacities of the labour inspectorate is planned in the context of the formulation and implementation of the National Plan of Action (PAN) for the elimination of child labour by 2020. The report also indicates that the Government has launched consultations with a view to gathering statistics on the application, in practice, of legislation relating to the prohibition on hazardous work in mines for children under 18 years of age. However, the Committee notes the UNICEF statistics included in the Government’s report, which indicate that nearly 50,000 children are working in mines in the Democratic Republic of the Congo, including 20,000 in the province of Katanga (south-east), 12,000 in Ituri (north-east) and some 11,800 in Kasai (centre). Moreover, the Committee observes that, according to the information in the 2011 report on trafficking in persons, armed groups and the FARDC are recruiting men and children and subjecting them to forced labour for the extraction of minerals. According to the same document, the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo (MONUSCO) report of January 2011 reports that a commander of one of the FARDC battalions makes use of the forced labour of children in mines in North Kivu. The Committee expresses its deep concern at the allegations that children under 18 years of age are used, especially by certain elements of FARDC, for the extraction of minerals in conditions similar to slavery and in hazardous conditions. The Committee therefore urges the Government to take immediate and effective measures, as a matter of urgency, to eliminate the forced or hazardous labour of children under 18 years of age in mines. It requests the Government to take the necessary measures to ensure that thorough investigations and robust prosecutions of offenders are carried out and that sufficiently effective and dissuasive penalties are imposed on them in practice. The Government is also requested to provide statistics on the application of the legislation in practice and also requests it to provide information on action to strengthen the capacities of the labour inspectorate planned in the context of the PAN.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour, removing them from such work and ensuring their rehabilitation and social integration. Child soldiers. In its previous comments, the Committee noted that, according to the report of the United Nations Secretary-General of 9 July 2010, the number of children released in 2009 more than tripled in comparison with 2008, particularly in the province of North Kivu (S/2010/369, paragraphs 30 and 51–58). Between October 2008 and the end of 2009, a total of 3,180 children (3,004 boys and 176 girls) left the ranks of the armed forces and groups or fled and were admitted to reintegration programmes. However, the Committee noted with concern that on many occasions the FARDC denied access to the camps to child protection institutions seeking to verify the presence of children in FARDC units and that the commanders refused to release children. The Committee also observed that there were many obstacles to effective reintegration, such as the constant insecurity and the continuing presence of former recruiters in the same region. The Committee further noted that the CRC, in its concluding observations of 10 February 2009 (CRC/C/COD/CO/2, paragraph 72), expressed concern at the fact that no provision has been made to assist several thousand child victims recruited or used in hostilities with rehabilitation and reintegration and that some of these children have been re recruited for want of alternatives or assistance with demobilization. According to the report of the Secretary-General of 9 July 2010, girls associated with the armed forces and groups (around 15 per cent of the total number of children) rarely have access to reintegration programmes, with only 7 per cent receiving assistance through national disarmament, demobilization and reintegration programmes.

The Committee notes the information provided by the Government concerning the results achieved regarding the demobilization of child soldiers by the new structure of the Unit for the Implementation of the National Programme for Disarmament, Demobilization and Reintegration (UE-PNDDR). It observes that more than 30,000 children have been separated from the armed forces and groups since the launch of the programme in 2004, including nearly 3,000 in 2009 and 2010. Moreover, 6,704 children removed from the armed forces and groups (1,940 girls and 4,764 boys) received support in 2010. However, the Committee observes that, according to the report of 23 April 2011 of the United Nations Secretary-General on children and armed conflict, only 1,656 children recruited to the armed forces or groups escaped or were released in 2010 (A/65/820-S/2011/250, paragraph 37). Of these, the vast majority fled and only a small minority were released by child protection institutions (paragraph 38). The Committee also notes with regret that, according to the aforementioned report, the Government has not been forthcoming in engaging with the United Nations on an action plan to end the recruitment and use of children by the FARDC (paragraph 27). The Committee further observes that, although more than 50 screening attempts were carried out by MONUSCO aimed at demobilizing children under 18 years of age who had been recruited to the FARDC, only five children were demobilized owing to the fact that FARDC troops were not made available for screening by MONUSCO. The Committee also notes that a large number of children released in 2010 stated that they had been recruited several times (paragraph 27) and that some 80 children who had been reunited with their families returned to the transit centres alone in North Kivu during November 2010 for fear of being re-recruited (paragraph 85). The Committee therefore urges the Government to intensify its efforts and take effective, time-bound measures to remove children from armed groups and forces and ensure their rehabilitation and social integration, giving special attention to the demobilization of girls. It expresses the firm hope that the Government will adopt a time-bound plan of action in the very near future, in collaboration with MONUSCO, to put a stop to the recruitment of children under 18 years of age into the regular armed forces and to ensure their demobilization and reintegration. The Committee also requests the Government to continue to provide information on the number of child soldiers removed from armed forces and groups and reintegrated through appropriate assistance with rehabilitation and social integration. It requests the Government to provide information on this matter in its next report.

Children working in mines. The Committee previously noted that a number of projects for the prevention of child labour in mines and the reintegration of these children through education were being implemented, aimed at covering a total of 12,000 children, of whom 4,000 were to be covered by prevention measures and 8,000 were to be removed from labour with a view to their reintegration through vocational training.

The Committee notes the Government’s indication that efforts are being made to remove children working in mines from this worst form of child labour. The Government also indicates in its report that more than 13,000 children have been removed from three mining and quarrying locations in Katanga, East Kasai and Ituri as part of the work of the NGOs Save the Children and Solidarity Centre. These children were then placed in formal and non-formal education structures and also in apprenticeship programmes. However, the report also indicates that, in view of the persistence of the problem, much work remains to be done. The Committee therefore requests the Government to intensify its efforts to prevent children under 18 years of age from working in mines and to provide the necessary and appropriate direct assistance for their removal from these worst forms of child labour and to ensure their rehabilitation and social integration. It requests the Government to provide information on the measures taken or contemplated in the context of the PAN and on the results achieved.

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

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

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

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or similar practices. Forced labour of children for sexual exploitation. In its previous comments the Committee noted that section 183 of Act No. 09/001 of 10 January 2009 concerning child protection establishes a penalty of penal servitude of ten to 20 years for imposing sexual slavery on a child. Nevertheless, the Committee observed that the Committee on the Rights of the Child (CRC), in its concluding observations of 10 February 2009 (CRC/C/COD/CO/2, paragraph 10), expressed concern that the enacted laws are not always followed by the issuance of appropriate implementing decrees, that law enforcement mechanisms are weak and that no activities have been carried out to raise awareness of these laws which are, consequently, not applied or implemented.

The Committee notes the Government’s indication that consultations have been initiated with a view to collecting statistics on the application, in practice, of legislative texts relating to the sale and trafficking of children for sexual exploitation. The Committee notes that, according to a 2011 report on trafficking in persons on the website of the United Nations High Commissioner for Refugees (UNHCR), Congolese girls are the victims of forced prostitution in improvised brothels and in camps, and also in the vicinity of mines and markets. Moreover, the various armed groups continue to abduct children for sexual exploitation. The Committee observes that, despite the prohibition on sexual slavery in national law, the situation remains extremely worrying in practice. It therefore expresses its deep concern at the situation of many Congolese girls who are the victims of forced labour for sexual exploitation by the different armed groups and by various gangs. The Committee urges the Government to take immediate and effective measures to ensure the thorough investigation and robust prosecution of persons who subject children under 18 years of age to forced labour for sexual exploitation and the imposition in practice of effective penalties constituting an adequate deterrent, pursuant to Act No. 09/001 of 10 January 2009. It requests the Government to provide statistics in its next report on the number of investigations, prosecutions, convictions and criminal penalties imposed in relation to the perpetrators of the aforementioned offences.

Article 6. Programmes of action. Further to its previous comments the Committee notes the Government’s indication that, since March 2011, the National Committee for Action against the Worst Forms of Child Labour has been drawing up the National Plan of Action (PAN) for the elimination of child labour by 2020, in collaboration with ILO–IPEC. The Government indicates in its report that upstream measures aim to strengthen the capacities of national, provincial and local institutions in order to tackle the issue of the elimination of the worst forms of child labour. These measures are directed in particular at reforming national law, improving the functioning of the education system and raising public awareness of the worst forms of child labour. Downstream measures are specific interventions designed to provide assistance for working children and their families. The Committee expresses the hope that the PAN will be adopted in the near future and requests it to supply detailed information on the specific measures to be taken or contemplated in this context. It also requests the Government to send a copy of the PAN, once it has been adopted.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted the low school enrolment rate in the country (about 40 per cent of all children of school age). It observed that, in the context of the “Education for All” goals, the country has established a number of projects to boost the education sector, including PARSEC and PASE. The Committee asked the Government to send information on the measures taken in the context of these two projects.

The Committee observes that the Government’s report does not contain any information on this matter. It notes the 2011 Education for All Global Monitoring Report published by UNESCO, entitled The hidden crisis: Armed conflict and education. This document reveals that poor countries in conflict situations, such as the Democratic Republic of the Congo, are the countries that are furthest away from achieving the “Education for All” goals. The Committee notes in particular that conflict zones often lag behind other areas. For example, in North Kivu province, adolescents and young adults are twice as likely, in comparison with the national average, to have less than two years in school. In addition, the forced recruitment of children from schools for use in armed conflict is common practice in the area, and this has led to the closure of many schools. Moreover, many girls have been the victims of rape on their way to school. The Committee expresses its concern at the large number of children deprived of education because of the armed conflict in the Democratic Republic of the Congo. In view of the fact that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee urges the Government to intensify its efforts to improve the functioning of the education system in the country and to facilitate access to free basic education for all Congolese children, especially in areas affected by armed conflict. It again requests the Government to supply information on the measures taken in the context of the PARSEC and PASE projects to increase the school attendance rate, both at primary and secondary level, giving particular attention to girls. It also requests the Government to provide information on the results achieved.

Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour, removing them from such work and ensuring their rehabilitation and social integration. Forced labour of children for sexual exploitation. The Committee previously noted that the Government had established a multi-sectoral cooperation and action framework to prevent and respond to violence inflicted upon women, young persons and children, and that various ministries, United Nations agencies and NGOs were participating in this framework. The action taken in this context included the adoption of laws relating to sexual violence, awareness-raising so that victims report their aggressors, psychological and social support for victims, medical treatment through the creation or reinforcement of health centre facilities to provide suitable care for victims, and legal support through the creation of legal advice centres.

The Committee notes with regret that the Government’s report, once again, does not contain any information on the impact of the measures taken within this multi-sectoral framework. The Committee urges the Government to take effective and time-bound measures to remove children under 18 years of age who are victims of forced labour for sexual exploitation and ensure their rehabilitation and social integration. It requests the Government to send information on specific measures contemplated in this regard, especially in the context of the PAN.

Clause (d). Children at special risk. Street children. Further to its previous comments the Committee notes that, according to a UNICEF press release dated 16 June 2011, some 30,000 children under 18 years of age live in the country’s streets, mostly in Kinshasa. Moreover, a large number of young girls, some of them less than 10 years old, work as prostitutes in the streets. The Committee also notes that the CRC, in its concluding observations of 10 February 2009 (CRC/C/COD/CO/2, paragraph 76), while noting with interest the Government’s efforts to protect street children, expressed concern at the fact that street children have insufficient access to lodging, food, health care, education and rehabilitation services. In view of the fact that street children are at particular risk of becoming involved in the worst forms of child labour, the Committee requests the Government to intensify its efforts to protect street children from the worst forms of child labour and ensure their rehabilitation and social integration. It also requests the Government to provide information on the measures taken or contemplated by the National Committee for Action against the Worst Forms of Child Labour to remove street children under 18 years of age from the worst forms of child labour and ensure their rehabilitation and social integration in the context of the PAN.

HIV/AIDS orphans. Further to its previous comments, the Committee notes the Government’s report on monitoring the implementation of the UNGASS Declaration of Commitment on HIV/AIDS of 31 March 2010. The report indicates that 25 per cent of children under 18 years of age in the Democratic Republic of the Congo are considered to be orphans and vulnerable children (OVCs), i.e. over 1 million children and adolescents. The Committee also notes that the school attendance rate is higher among children living with at least one parent (81 per cent) than among orphans (63 per cent). Recalling that HIV/AIDS orphans are at greater risk of becoming involved in the worst forms of child labour, the Committee encourages the Government to intensify its efforts to prevent HIV/AIDS orphans from becoming involved in the worst forms of child labour. It requests the Government to supply information on the measures taken and the results achieved in the context of the UNGASS Declaration of Commitment on HIV/AIDS.

Article 8. International cooperation and assistance. The Committee noted that, according to World Bank information, the Government was preparing a Poverty Reduction Strategy Paper (PRSP). The Committee also noted the Government’s indication that the Growth and Poverty Reduction Strategy Paper (GPRSP) has been drawn up and that a five-year programme of action would be implemented.

The Committee observes that the Government’s report does not contain any information on this matter. Recalling that poverty reduction programmes contribute to breaking the cycle of poverty, which is essential for the elimination of the worst forms of child labour, the Committee again requests the Government to provide information in its next report on the results achieved in the context of the programme of action for the implementation of the GPRSP and its impact on the elimination of the worst forms of child labour.

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 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or similar practices. Forced recruitment of children for use in armed conflict. In its previous comments the Committee noted that section 187 of Act No. 09/001 of 10 January 2009 establishes a penalty of penal servitude of ten to 20 years for the enrolment or use of children under 18 years of age in the armed forces and groups and the police. The Committee noted that, according to the report of 9 July 2010 of the United Nations Secretary-General on children and armed conflict in the Democratic Republic of the Congo (S/2010/369, paragraphs 17–41), 1,593 cases of recruitment of children were reported between October 2008 and December 2009, including 1,235 in 2009. The report of the United Nations Secretary-General also indicated that 42 per cent of the total number of cases of recruitment reported have been attributed to the Armed Forces of the Democratic Republic of the Congo (FARDC). The Committee also noted with concern that, according to the Secretary-General’s report, the number of incidents involving the killing and maiming of children had increased. In addition, a significant increase in the number of abductions of children was also observed over the period covered by the Secretary-General’s report, mainly carried out by the Lords’ Resistance Army (LRA) but in some cases by the FARDC. The Committee also observed that the Committee on the Rights of the Child (CRC), in its concluding observations of 10 February 2009 (CRC/C/COD/CO/2, paragraph 67), expressed grave concern that the State, through its armed forces, bears direct responsibility for violations of the rights of the child and that it had failed to protect children and prevent such violations.

The Committee notes the Government’s indication that children under 18 years of age are not recruited into the armed forces of the Democratic Republic of the Congo. Nevertheless, the Committee notes that, according to the report of 23 April 2011 of the United Nations Secretary-General on children and armed conflict (A/65/820-S/2011/250, paragraph 27), many children continue to be recruited and remain associated with FARDC units, particularly within former units of the Congrès national pour la défense du peuple (CNDP) incorporated into the FARDC. The report also indicates that, of the 1,656 children in the armed forces or groups who escaped or were released in 2010, a large proportion had been recruited to the FARDC (21 per cent) (paragraph 37). Moreover, despite the drop in the number of cases of children recruited into armed forces and groups in 2010, the report points out that former CNDP elements continue to recruit or to threaten to recruit children under 18 years of age from schools in North Kivu (paragraph 85). The Committee also notes that no judicial action has been initiated against the suspected perpetrators of forced recruitment of children, some of whom remain in the command structure of the FARDC (paragraph 88).

Furthermore, physical and sexual violence committed against children by the FARDC, the Congolese National Police and various armed groups continued to be a source of serious concern in 2010. The Committee notes in particular that in 2010, of the 26 recorded cases of killing of children, 13 were attributed to the FARDC. In addition, seven cases of maiming of children and 67 cases of sexual violence against children are alleged to have been perpetrated by FARDC elements during the same period (paragraph 87).

The Committee observes that despite the adoption of Legislative Decree No. 066 of 9 June 2000, concerning the demobilization and reintegration of vulnerable groups present within the fighting forces, and of Act 09/001 of 10 January 2009, which prohibits and penalizes the enrolment and use of children under 18 years of age in armed forces and groups and the police (sections 71 and 187), children under 18 years of age continue to be recruited and forced to join the regular armed forces of the Democratic Republic of the Congo and armed groups. The Committee expresses deep concern at this situation, especially as the persistence of this worst form of child labour results in other violations of children’s rights, such as murder and sexual violence. The Committee therefore urges the Government to take measures as a matter of urgency to ensure the full and immediate demobilization of all children in the ranks of the FARDC and to put a stop, in practice, to the forced recruitment of children under 18 years of age into armed groups. With reference to Security Council resolution 1998 of 12 July 2011, which recalls “the responsibilities of States to end impunity and to prosecute those responsible for genocide, crimes against humanity and other egregious crimes perpetrated against children”, the Committee urges the Government to take immediate and effective measures to ensure that thorough investigations and robust prosecutions of any persons, including officers in the regular armed forces, who forcibly recruit children under 18 years of age for use in armed conflict, are carried out and that sufficiently effective and dissuasive penalties are imposed in practice, pursuant to Act No. 09/001 of 10 January 2009. It requests the Government to provide information on the number of investigations conducted, prosecutions brought and convictions handed down against such persons in its next report.

Clauses (a) and (d). Forced or compulsory labour and hazardous work. Child labour in mines. In its previous comments the Committee noted the statement by the Confederation of Trade Unions of the Congo (CSC) that young persons under 18 years of age are employed in mineral quarries in the provinces of Katanga and East Kasai. It noted that the United Nations Special Rapporteur, in her report of April 2003 on the situation of human rights in the Democratic Republic of the Congo (E/CN.4/2003/43, paragraph 59), noted that military units are recruiting children for forced labour, especially for the extraction of natural resources. The Committee observed that, although the legislation is in conformity with the Convention on this point, child labour in mines is a problem in practice and it, therefore, asked the Government to supply information on the measures which would be taken by the labour inspectorate to prohibit hazardous work by children in mines.

The Committee notes the Government’s indication that action to strengthen the capacities of the labour inspectorate is planned in the context of the formulation and implementation of the National Plan of Action (PAN) for the elimination of child labour by 2020. The report also indicates that the Government has launched consultations with a view to gathering statistics on the application, in practice, of legislation relating to the prohibition on hazardous work in mines for children under 18 years of age. However, the Committee notes the UNICEF statistics included in the Government’s report, which indicate that nearly 50,000 children are working in mines in the Democratic Republic of the Congo, including 20,000 in the province of Katanga (south-east), 12,000 in Ituri (north-east) and some 11,800 in Kasai (centre). Moreover, the Committee observes that, according to the information in the 2011 report on trafficking in persons, armed groups and the FARDC are recruiting men and children and subjecting them to forced labour for the extraction of minerals. According to the same document, the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo (MONUSCO) report of January 2011 reports that a commander of one of the FARDC battalions makes use of the forced labour of children in mines in North Kivu. The Committee expresses its deep concern at the allegations that children under 18 years of age are used, especially by certain elements of FARDC, for the extraction of minerals in conditions similar to slavery and in hazardous conditions. The Committee therefore urges the Government to take immediate and effective measures, as a matter of urgency, to eliminate the forced or hazardous labour of children under 18 years of age in mines. It requests the Government to take the necessary measures to ensure that thorough investigations and robust prosecutions of offenders are carried out and that sufficiently effective and dissuasive penalties are imposed on them in practice. The Government is also requested to provide statistics on the application of the legislation in practice and also requests it to provide information on action to strengthen the capacities of the labour inspectorate planned in the context of the PAN.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour, removing them from such work and ensuring their rehabilitation and social integration. 1. Child soldiers. In its previous comments, the Committee noted that, according to the report of the United Nations Secretary-General of 9 July 2010, the number of children released in 2009 more than tripled in comparison with 2008, particularly in the province of North Kivu (S/2010/369, paragraphs 30 and 51–58). Between October 2008 and the end of 2009, a total of 3,180 children (3,004 boys and 176 girls) left the ranks of the armed forces and groups or fled and were admitted to reintegration programmes. However, the Committee noted with concern that on many occasions the FARDC denied access to the camps to child protection institutions seeking to verify the presence of children in FARDC units and that the commanders refused to release children. The Committee also observed that there were many obstacles to effective reintegration, such as the constant insecurity and the continuing presence of former recruiters in the same region. The Committee further noted that the CRC, in its concluding observations of 10 February 2009 (CRC/C/COD/CO/2, paragraph 72), expressed concern at the fact that no provision has been made to assist several thousand child victims recruited or used in hostilities with rehabilitation and reintegration and that some of these children have been re recruited for want of alternatives or assistance with demobilization. According to the report of the Secretary-General of 9 July 2010, girls associated with the armed forces and groups (around 15 per cent of the total number of children) rarely have access to reintegration programmes, with only 7 per cent receiving assistance through national disarmament, demobilization and reintegration programmes.

The Committee notes the information provided by the Government concerning the results achieved regarding the demobilization of child soldiers by the new structure of the Unit for the Implementation of the National Programme for Disarmament, Demobilization and Reintegration (UE-PNDDR). It observes that more than 30,000 children have been separated from the armed forces and groups since the launch of the programme in 2004, including nearly 3,000 in 2009 and 2010. Moreover, 6,704 children removed from the armed forces and groups (1,940 girls and 4,764 boys) received support in 2010. However, the Committee observes that, according to the report of 23 April 2011 of the United Nations Secretary-General on children and armed conflict, only 1,656 children recruited to the armed forces or groups escaped or were released in 2010 (A/65/820-S/2011/250, paragraph 37). Of these, the vast majority fled and only a small minority were released by child protection institutions (paragraph 38). The Committee also notes with regret that, according to the aforementioned report, the Government has not been forthcoming in engaging with the United Nations on an action plan to end the recruitment and use of children by the FARDC (paragraph 27). The Committee further observes that, although more than 50 screening attempts were carried out by MONUSCO aimed at demobilizing children under 18 years of age who had been recruited to the FARDC, only five children were demobilized owing to the fact that FARDC troops were not made available for screening by MONUSCO. The Committee also notes that a large number of children released in 2010 stated that they had been recruited several times (paragraph 27) and that some 80 children who had been reunited with their families returned to the transit centres alone in North Kivu during November 2010 for fear of being re-recruited (paragraph 85). The Committee therefore urges the Government to intensify its efforts and take effective, time-bound measures to remove children from armed groups and forces and ensure their rehabilitation and social integration, giving special attention to the demobilization of girls. It expresses the firm hope that the Government will adopt a time-bound plan of action in the very near future, in collaboration with MONUSCO, to put a stop to the recruitment of children under 18 years of age into the regular armed forces and to ensure their demobilization and reintegration. The Committee also requests the Government to continue to provide information on the number of child soldiers removed from armed forces and groups and reintegrated through appropriate assistance with rehabilitation and social integration. It requests the Government to provide information on this matter in its next report.

2. Children working in mines. The Committee previously noted that a number of projects for the prevention of child labour in mines and the reintegration of these children through education were being implemented, aimed at covering a total of 12,000 children, of whom 4,000 were to be covered by prevention measures and 8,000 were to be removed from labour with a view to their reintegration through vocational training.

The Committee notes the Government’s indication that efforts are being made to remove children working in mines from this worst form of child labour. The Government also indicates in its report that more than 13,000 children have been removed from three mining and quarrying locations in Katanga, East Kasai and Ituri as part of the work of the NGOs Save the Children and Solidarity Centre. These children were then placed in formal and non-formal education structures and also in apprenticeship programmes. However, the report also indicates that, in view of the persistence of the problem, much work remains to be done. The Committee therefore requests the Government to intensify its efforts to prevent children under 18 years of age from working in mines and to provide the necessary and appropriate direct assistance for their removal from these worst forms of child labour and to ensure their rehabilitation and social integration. It requests the Government to provide information on the measures taken or contemplated in the context of the PAN and on the results achieved.

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)

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or similar practices. Forced labour of children for sexual exploitation. In its previous comments the Committee noted that section 183 of Act No. 09/001 of 10 January 2009 concerning child protection establishes a penalty of penal servitude of ten to 20 years for imposing sexual slavery on a child. Nevertheless, the Committee observed that the Committee on the Rights of the Child (CRC), in its concluding observations of 10 February 2009 (CRC/C/COD/CO/2, paragraph 10), expressed concern that the enacted laws are not always followed by the issuance of appropriate implementing decrees, that law enforcement mechanisms are weak and that no activities have been carried out to raise awareness of these laws which are, consequently, not applied or implemented.

The Committee notes the Government’s indication that consultations have been initiated with a view to collecting statistics on the application, in practice, of legislative texts relating to the sale and trafficking of children for sexual exploitation. The Committee notes that, according to a 2011 report on trafficking in persons on the website of the United Nations High Commissioner for Refugees (UNHCR), Congolese girls are the victims of forced prostitution in improvised brothels and in camps, and also in the vicinity of mines and markets. Moreover, the various armed groups continue to abduct children for sexual exploitation. The Committee observes that, despite the prohibition on sexual slavery in national law, the situation remains extremely worrying in practice. It therefore expresses its deep concern at the situation of many Congolese girls who are the victims of forced labour for sexual exploitation by the different armed groups and by various gangs. The Committee urges the Government to take immediate and effective measures to ensure the thorough investigation and robust prosecution of persons who subject children under 18 years of age to forced labour for sexual exploitation and the imposition in practice of effective penalties constituting an adequate deterrent, pursuant to Act No. 09/001 of 10 January 2009. It requests the Government to provide statistics in its next report on the number of investigations, prosecutions, convictions and criminal penalties imposed in relation to the perpetrators of the aforementioned offences.

Article 6. Programmes of action. Further to its previous comments the Committee notes the Government’s indication that, since March 2011, the National Committee for Action against the Worst Forms of Child Labour has been drawing up the National Plan of Action (PAN) for the elimination of child labour by 2020, in collaboration with ILO–IPEC. The Government indicates in its report that upstream measures aim to strengthen the capacities of national, provincial and local institutions in order to tackle the issue of the elimination of the worst forms of child labour. These measures are directed in particular at reforming national law, improving the functioning of the education system and raising public awareness of the worst forms of child labour. Downstream measures are specific interventions designed to provide assistance for working children and their families. The Committee expresses the hope that the PAN will be adopted in the near future and requests it to supply detailed information on the specific measures to be taken or contemplated in this context. It also requests the Government to send a copy of the PAN, once it has been adopted.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted the low school enrolment rate in the country (about 40 per cent of all children of school age). It observed that, in the context of the “Education for All” goals, the country has established a number of projects to boost the education sector, including PARSEC and PASE. The Committee asked the Government to send information on the measures taken in the context of these two projects.

The Committee observes that the Government’s report does not contain any information on this matter. It notes the 2011 Education for All Global Monitoring Report published by UNESCO, entitled The hidden crisis: Armed conflict and education. This document reveals that poor countries in conflict situations, such as the Democratic Republic of the Congo, are the countries that are furthest away from achieving the “Education for All” goals. The Committee notes in particular that conflict zones often lag behind other areas. For example, in North Kivu province, adolescents and young adults are twice as likely, in comparison with the national average, to have less than two years in school. In addition, the forced recruitment of children from schools for use in armed conflict is common practice in the area, and this has led to the closure of many schools. Moreover, many girls have been the victims of rape on their way to school. The Committee expresses its concern at the large number of children deprived of education because of the armed conflict in the Democratic Republic of the Congo. In view of the fact that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee urges the Government to intensify its efforts to improve the functioning of the education system in the country and to facilitate access to free basic education for all Congolese children, especially in areas affected by armed conflict. It again requests the Government to supply information on the measures taken in the context of the PARSEC and PASE projects to increase the school attendance rate, both at primary and secondary level, giving particular attention to girls. It also requests the Government to provide information on the results achieved.

Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour, removing them from such work and ensuring their rehabilitation and social integration. Forced labour of children for sexual exploitation. The Committee previously noted that the Government had established a multi-sectoral cooperation and action framework to prevent and respond to violence inflicted upon women, young persons and children, and that various ministries, United Nations agencies and NGOs were participating in this framework. The action taken in this context included the adoption of laws relating to sexual violence, awareness-raising so that victims report their aggressors, psychological and social support for victims, medical treatment through the creation or reinforcement of health centre facilities to provide suitable care for victims, and legal support through the creation of legal advice centres.

The Committee notes with regret that the Government’s report, once again, does not contain any information on the impact of the measures taken within this multi-sectoral framework. The Committee urges the Government to take effective and time-bound measures to remove children under 18 years of age who are victims of forced labour for sexual exploitation and ensure their rehabilitation and social integration. It requests the Government to send information on specific measures contemplated in this regard, especially in the context of the PAN.

Clause (d). Children at special risk. Street children. Further to its previous comments the Committee notes that, according to a UNICEF press release dated 16 June 2011, some 30,000 children under 18 years of age live in the country’s streets, mostly in Kinshasa. Moreover, a large number of young girls, some of them less than 10 years old, work as prostitutes in the streets. The Committee also notes that the CRC, in its concluding observations of 10 February 2009 (CRC/C/COD/CO/2, paragraph 76), while noting with interest the Government’s efforts to protect street children, expressed concern at the fact that street children have insufficient access to lodging, food, health care, education and rehabilitation services. In view of the fact that street children are at particular risk of becoming involved in the worst forms of child labour, the Committee requests the Government to intensify its efforts to protect street children from the worst forms of child labour and ensure their rehabilitation and social integration. It also requests the Government to provide information on the measures taken or contemplated by the National Committee for Action against the Worst Forms of Child Labour to remove street children under 18 years of age from the worst forms of child labour and ensure their rehabilitation and social integration in the context of the PAN.

HIV/AIDS orphans. Further to its previous comments, the Committee notes the Government’s report on monitoring the implementation of the UNGASS Declaration of Commitment on HIV/AIDS of 31 March 2010. The report indicates that 25 per cent of children under 18 years of age in the Democratic Republic of the Congo are considered to be orphans and vulnerable children (OVCs), i.e. over 1 million children and adolescents. The Committee also notes that the school attendance rate is higher among children living with at least one parent (81 per cent) than among orphans (63 per cent). Recalling that HIV/AIDS orphans are at greater risk of becoming involved in the worst forms of child labour, the Committee encourages the Government to intensify its efforts to prevent HIV/AIDS orphans from becoming involved in the worst forms of child labour. It requests the Government to supply information on the measures taken and the results achieved in the context of the UNGASS Declaration of Commitment on HIV/AIDS.

Article 8. International cooperation and assistance. The Committee noted that, according to World Bank information, the Government was preparing a Poverty Reduction Strategy Paper (PRSP). The Committee also noted the Government’s indication that the Growth and Poverty Reduction Strategy Paper (GPRSP) has been drawn up and that a five-year programme of action would be implemented.

The Committee observes that the Government’s report does not contain any information on this matter. Recalling that poverty reduction programmes contribute to breaking the cycle of poverty, which is essential for the elimination of the worst forms of child labour, the Committee again requests the Government to provide information in its next report on the results achieved in the context of the programme of action for the implementation of the GPRSP and its impact on the elimination of the worst forms of child labour.

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

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or similar practices. Forced recruitment of children for use in armed conflict. In its previous comments the Committee noted that section 187 of Act No. 09/001 of 10 January 2009 establishes a penalty of penal servitude of ten to 20 years for the enrolment or use of children under 18 years of age in the armed forces and groups and the police. The Committee noted that, according to the report of 9 July 2010 of the United Nations Secretary-General on children and armed conflict in the Democratic Republic of the Congo (S/2010/369, paragraphs 17–41), 1,593 cases of recruitment of children were reported between October 2008 and December 2009, including 1,235 in 2009. The report of the United Nations Secretary-General also indicated that 42 per cent of the total number of cases of recruitment reported have been attributed to the Armed Forces of the Democratic Republic of the Congo (FARDC). The Committee also noted with concern that, according to the Secretary-General’s report, the number of incidents involving the killing and maiming of children had increased. In addition, a significant increase in the number of abductions of children was also observed over the period covered by the Secretary-General’s report, mainly carried out by the Lords’ Resistance Army (LRA) but in some cases by the FARDC. The Committee also observed that the Committee on the Rights of the Child (CRC), in its concluding observations of 10 February 2009 (CRC/C/COD/CO/2, paragraph 67), expressed grave concern that the State, through its armed forces, bears direct responsibility for violations of the rights of the child and that it had failed to protect children and prevent such violations.

The Committee notes the Government’s indication that children under 18 years of age are not recruited into the armed forces of the Democratic Republic of the Congo. Nevertheless, the Committee notes that, according to the report of 23 April 2011 of the United Nations Secretary-General on children and armed conflict (A/65/820-S/2011/250, paragraph 27), many children continue to be recruited and remain associated with FARDC units, particularly within former units of the Congrès national pour la défense du peuple (CNDP) incorporated into the FARDC. The report also indicates that, of the 1,656 children in the armed forces or groups who escaped or were released in 2010, a large proportion had been recruited to the FARDC (21 per cent) (paragraph 37). Moreover, despite the drop in the number of cases of children recruited into armed forces and groups in 2010, the report points out that former CNDP elements continue to recruit or to threaten to recruit children under 18 years of age from schools in North Kivu (paragraph 85). The Committee also notes that no judicial action has been initiated against the suspected perpetrators of forced recruitment of children, some of whom remain in the command structure of the FARDC (paragraph 88).

Furthermore, physical and sexual violence committed against children by the FARDC, the Congolese National Police and various armed groups continued to be a source of serious concern in 2010. The Committee notes in particular that in 2010, of the 26 recorded cases of killing of children, 13 were attributed to the FARDC. In addition, seven cases of maiming of children and 67 cases of sexual violence against children are alleged to have been perpetrated by FARDC elements during the same period (paragraph 87).

The Committee observes that despite the adoption of Legislative Decree No. 066 of 9 June 2000, concerning the demobilization and reintegration of vulnerable groups present within the fighting forces, and of Act 09/001 of 10 January 2009, which prohibits and penalizes the enrolment and use of children under 18 years of age in armed forces and groups and the police (sections 71 and 187), children under 18 years of age continue to be recruited and forced to join the regular armed forces of the Democratic Republic of the Congo and armed groups. The Committee expresses deep concern at this situation, especially as the persistence of this worst form of child labour results in other violations of children’s rights, such as murder and sexual violence. The Committee therefore urges the Government to take measures as a matter of urgency to ensure the full and immediate demobilization of all children in the ranks of the FARDC and to put a stop, in practice, to the forced recruitment of children under 18 years of age into armed groups. With reference to Security Council resolution 1998 of 12 July 2011, which recalls “the responsibilities of States to end impunity and to prosecute those responsible for genocide, crimes against humanity and other egregious crimes perpetrated against children”, the Committee urges the Government to take immediate and effective measures to ensure that thorough investigations and robust prosecutions of any persons, including officers in the regular armed forces, who forcibly recruit children under 18 years of age for use in armed conflict, are carried out and that sufficiently effective and dissuasive penalties are imposed in practice, pursuant to Act No. 09/001 of 10 January 2009. It requests the Government to provide information on the number of investigations conducted, prosecutions brought and convictions handed down against such persons in its next report.

Clauses (a) and (d). Forced or compulsory labour and hazardous work. Child labour in mines. In its previous comments the Committee noted the statement by the Confederation of Trade Unions of the Congo (CSC) that young persons under 18 years of age are employed in mineral quarries in the provinces of Katanga and East Kasai. It noted that the United Nations Special Rapporteur, in her report of April 2003 on the situation of human rights in the Democratic Republic of the Congo (E/CN.4/2003/43, paragraph 59), noted that military units are recruiting children for forced labour, especially for the extraction of natural resources. The Committee observed that, although the legislation is in conformity with the Convention on this point, child labour in mines is a problem in practice and it, therefore, asked the Government to supply information on the measures which would be taken by the labour inspectorate to prohibit hazardous work by children in mines.

The Committee notes the Government’s indication that action to strengthen the capacities of the labour inspectorate is planned in the context of the formulation and implementation of the National Plan of Action (PAN) for the elimination of child labour by 2020. The report also indicates that the Government has launched consultations with a view to gathering statistics on the application, in practice, of legislation relating to the prohibition on hazardous work in mines for children under 18 years of age. However, the Committee notes the UNICEF statistics included in the Government’s report, which indicate that nearly 50,000 children are working in mines in the Democratic Republic of the Congo, including 20,000 in the province of Katanga (south-east), 12,000 in Ituri (north-east) and some 11,800 in Kasai (centre). Moreover, the Committee observes that, according to the information in the 2011 report on trafficking in persons, armed groups and the FARDC are recruiting men and children and subjecting them to forced labour for the extraction of minerals. According to the same document, the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo (MONUSCO) report of January 2011 reports that a commander of one of the FARDC battalions makes use of the forced labour of children in mines in North Kivu. The Committee expresses its deep concern at the allegations that children under 18 years of age are used, especially by certain elements of FARDC, for the extraction of minerals in conditions similar to slavery and in hazardous conditions. The Committee therefore urges the Government to take immediate and effective measures, as a matter of urgency, to eliminate the forced or hazardous labour of children under 18 years of age in mines. It requests the Government to take the necessary measures to ensure that thorough investigations and robust prosecutions of offenders are carried out and that sufficiently effective and dissuasive penalties are imposed on them in practice. The Government is also requested to provide statistics on the application of the legislation in practice and also requests it to provide information on action to strengthen the capacities of the labour inspectorate planned in the context of the PAN.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour, removing them from such work and ensuring their rehabilitation and social integration. 1. Child soldiers. In its previous comments, the Committee noted that, according to the report of the United Nations Secretary-General of 9 July 2010, the number of children released in 2009 more than tripled in comparison with 2008, particularly in the province of North Kivu (S/2010/369, paragraphs 30 and 51–58). Between October 2008 and the end of 2009, a total of 3,180 children (3,004 boys and 176 girls) left the ranks of the armed forces and groups or fled and were admitted to reintegration programmes. However, the Committee noted with concern that on many occasions the FARDC denied access to the camps to child protection institutions seeking to verify the presence of children in FARDC units and that the commanders refused to release children. The Committee also observed that there were many obstacles to effective reintegration, such as the constant insecurity and the continuing presence of former recruiters in the same region. The Committee further noted that the CRC, in its concluding observations of 10 February 2009 (CRC/C/COD/CO/2, paragraph 72), expressed concern at the fact that no provision has been made to assist several thousand child victims recruited or used in hostilities with rehabilitation and reintegration and that some of these children have been re recruited for want of alternatives or assistance with demobilization. According to the report of the Secretary-General of 9 July 2010, girls associated with the armed forces and groups (around 15 per cent of the total number of children) rarely have access to reintegration programmes, with only 7 per cent receiving assistance through national disarmament, demobilization and reintegration programmes.

The Committee notes the information provided by the Government concerning the results achieved regarding the demobilization of child soldiers by the new structure of the Unit for the Implementation of the National Programme for Disarmament, Demobilization and Reintegration (UE-PNDDR). It observes that more than 30,000 children have been separated from the armed forces and groups since the launch of the programme in 2004, including nearly 3,000 in 2009 and 2010. Moreover, 6,704 children removed from the armed forces and groups (1,940 girls and 4,764 boys) received support in 2010. However, the Committee observes that, according to the report of 23 April 2011 of the United Nations Secretary-General on children and armed conflict, only 1,656 children recruited to the armed forces or groups escaped or were released in 2010 (A/65/820-S/2011/250, paragraph 37). Of these, the vast majority fled and only a small minority were released by child protection institutions (paragraph 38). The Committee also notes with regret that, according to the aforementioned report, the Government has not been forthcoming in engaging with the United Nations on an action plan to end the recruitment and use of children by the FARDC (paragraph 27). The Committee further observes that, although more than 50 screening attempts were carried out by MONUSCO aimed at demobilizing children under 18 years of age who had been recruited to the FARDC, only five children were demobilized owing to the fact that FARDC troops were not made available for screening by MONUSCO. The Committee also notes that a large number of children released in 2010 stated that they had been recruited several times (paragraph 27) and that some 80 children who had been reunited with their families returned to the transit centres alone in North Kivu during November 2010 for fear of being re-recruited (paragraph 85). The Committee therefore urges the Government to intensify its efforts and take effective, time-bound measures to remove children from armed groups and forces and ensure their rehabilitation and social integration, giving special attention to the demobilization of girls. It expresses the firm hope that the Government will adopt a time-bound plan of action in the very near future, in collaboration with MONUSCO, to put a stop to the recruitment of children under 18 years of age into the regular armed forces and to ensure their demobilization and reintegration. The Committee also requests the Government to continue to provide information on the number of child soldiers removed from armed forces and groups and reintegrated through appropriate assistance with rehabilitation and social integration. It requests the Government to provide information on this matter in its next report.

2. Children working in mines. The Committee previously noted that a number of projects for the prevention of child labour in mines and the reintegration of these children through education were being implemented, aimed at covering a total of 12,000 children, of whom 4,000 were to be covered by prevention measures and 8,000 were to be removed from labour with a view to their reintegration through vocational training.

The Committee notes the Government’s indication that efforts are being made to remove children working in mines from this worst form of child labour. The Government also indicates in its report that more than 13,000 children have been removed from three mining and quarrying locations in Katanga, East Kasai and Ituri as part of the work of the NGOs Save the Children and Solidarity Centre. These children were then placed in formal and non-formal education structures and also in apprenticeship programmes. However, the report also indicates that, in view of the persistence of the problem, much work remains to be done. The Committee therefore requests the Government to intensify its efforts to prevent children under 18 years of age from working in mines and to provide the necessary and appropriate direct assistance for their removal from these worst forms of child labour and to ensure their rehabilitation and social integration. It requests the Government to provide information on the measures taken or contemplated in the context of the PAN and on the results achieved.

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

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

Article 3. Worst forms of child labour. Clause (c). Use, procuring or offering of a child for illicit activities. Further to its previous comments, the Committee notes with interest that section 53 of Act No. 09/001 of 10 January 2009 for the protection of children (Act No. 09/001 of 10 January 2009) prohibits the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs.

Article 7(1) of the Convention. Penalties. Further to its previous comments, the Committee notes that section 187 of Act No. 09/001 of 10 January 2009 establishes a penalty of between one and three years of penal servitude for the exaction of forced labour and the use, procuring or offering of a child under 18 years of age for prostitution, pornography or illicit activities.

The Committee notes that the Government’s report does not contain a reply to its previous comments. It hopes that the next report will include full particulars on the points raised in its previous direct request, which read as follows:

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

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

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

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

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

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

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

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

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

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

The Committee notes the Government’s report. It also notes the detailed discussion held in the Committee on the Application of Standards during the 98th Session of the International Labour Conference in June 2009.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or similar practices. 1. Sale and trafficking of children for sexual exploitation. Further to its previous comments, the Committee notes that section 174(j) of Act No. 06/018 of 20 July 2006, amending and supplementing the Decree of 30 January 1940 issuing the Congolese Penal Code, provides that any act or transaction relating to the trafficking or exploitation of children or any other person for sexual purposes in return for remuneration or any other benefit shall be punished by penal sanction ranging from ten to 20 years. It also notes that Act No. 9/001 of 10 January 2009 respecting the protection of children establishes a penalty of from ten to 20 years of penal servitude for both the sale and trafficking of children (section 162), and for the sexual slavery of a child (section 183). Nevertheless, the Committee observes that the Government’s report does not provide information on the application in practice of the legislation respecting the sale and trafficking of children for sexual exploitation. It further notes that, in its concluding observations of 10 February 2009, the Committee on the Rights of the Child (CRC/C/COD/CO/2, paragraph 10), while welcoming the adoption of Act No. 09/001 of 10 January 2009, expressed concern that the enacted laws are not always followed by the issuance of appropriate decrees for implementation, that law enforcement mechanisms are weak and that no activities have been carried out to raise awareness of these laws which are, consequently, not applied or implemented. Furthermore, the Committee notes that, in its conclusions, the Committee on the Application of Standards noted that, although the law prohibited the trafficking of children for labour or sexual exploitation, it remained an issue of serious concern in practice and, accordingly, called on the Government to take immediate and effective measures to eliminate the trafficking of children under 18 in practice. The Committee joins the Committee on the Application of Standards in urging the Government to renew its efforts and to take immediate and effective measures to ensure the elimination of the sale and trafficking of children under 18 years of age for sexual exploitation, thereby ensuring the application in practice to section 147(j) of the Penal Code and Act No. 09/001 of 10 January 2009. In this respect, it once again requests the Government to provide statistics on the number and nature of the infringements reported, investigations, prosecutions, convictions and penalties imposed under the above legal texts.

2. Forced recruitment of children for use in armed conflict. In its previous comments, the Committee noted that article 184 of the transitional Constitution provides that no one shall be recruited into the armed forces of the Democratic Republic of the Congo or take part in war or hostilities unless they have reached the age of 18 years at the time of recruitment. It also noted that the Government had adopted Legislative Decree No. 066 of 9 June 2000 concerning the demobilization and reintegration of vulnerable groups present within the fighting forces. The Committee further noted that, according to the two reports of the United Nations Secretary-General on children and armed conflict in the Democratic Republic of the Congo of 28 June 2007 (S/2007/391) and on children and armed conflict of 21 December 2007 (A/62/609–S/2007/757), the number of children recruited by the armed groups and armed forces had fallen by 8 per cent, which can be attributed in particular to the progress made in the implementation of the National Programme for the Disarmament, Demobilization and Reintegration of Children, the integration of the army, the reduction in the number of combat zones and the action taken by child protection networks against the recruitment of children.

The Committee takes due note of the fact that Act No. 09/001 of 10 January 2009, provides in section 87 for a penalty of penal servitude of from ten to 20 years for the enrolment or use of children under 18 years of age in armed forces and groups and the police. However, the Committee notes the Government’s indication that, despite the progress achieved in the suppression of the enrolment of children, the persistence of combat areas is increasing the risk of enrolment. According to the Government’s report, this is occurring in Ituri and in the two Kivu provinces, where recent cases of the abduction of children have been reported.

The Committee also notes the report of the United Nations Secretary-General on children and armed conflict in the Democratic Republic of the Congo of 9 July 2010 (S/2010/369, paragraphs 17–41), for which the period covered extends from October 2008 to December 2009. According to this report, 1,593 cases of the recruitment of children (1,519 boys and 74 girls) were reported over the period under consideration, including 1,235 in 2009, which is a slight fall in relation to 2008 (1,522 cases reported). Nevertheless, the Committee observes that the Armed Forces of the Democratic Republic of the Congo (FARDC) appear to have the largest number of children in their ranks. Indeed, according to the report of the Secretary-General, 42 per cent of the total number of cases of recruitment reported have been attributed to the FARDC, and 594 new cases of the recruitment of children have been identified in their ranks by the United Nations Organization Mission in the Democratic Republic of the Congo (MONUC), principally in the eastern region. The report reveals the existence of evidence confirming that hundreds of children associated with armed groups have been integrated into the FARDC without being concealed or hidden by their commander, particularly in North Kivu, where accelerated integration operations for armed groups into the national Congolese army have been undertaken in the absence of any coordination with institutions for the protection of children or supervision by these institutions. Accordingly, the number of children present in the ranks of the FARDC is reported to have increased spectacularly in 2009 due to the children present in the units that have been integrated, who represent 78 per cent of the cases of the recruitment of children in the FARDC. The Committee notes from the report of the Secretary-General that children recently integrated into the FARDC have been transferred to regions that are distant from their place of recruitment to participate in the “Kimia II” operation (a joint FARDC–MONUC operation) or in military operations in Haut-Uélé. Furthermore, the Presidential Guard is reported to have recruited at least 35 children before and during deployment in Haut-Uélé. With regard to the geographical location of this phenomenon, the Committee notes the information contained in the report of the Secretary-General indicating that the province of North Kivu has the great majority of cases reported in 2009 (82 per cent). Cases have also been identified in North Katanga and in the two Kasaï provinces, where no cases had been reported in 2008. According to the report, the use of child recruitment in areas not affected by the conflict may principally be explained by the high recruitment quotas imposed on FARDC commanders.

The Committee also notes with concern that, according to the report of the Secretary-General, the number of incidents involving the killing and maiming of children has increased, mainly in zones of military operations. The majority of the incidents reported are attributed to the Lords’ Resistance Army (LRA). However, nine cases of murders and 11 cases of maiming have also been attributed to elements of the FARDC. Furthermore, according to the Secretary-General, sexual violence against children continues to be a subject of serious concern. A significant increase in the number of abductions of children has also been observed over the period covered by the report. These are principally carried out by the LRA, although seven cases of the abduction of children by FARDC brigades have also been reported. The abducted children state that they were mainly used for combat, forced labour or were subject to sexual abuse.

The Committee observes that the Committee on the Rights of the Child in its concluding observations of 10 February 2009 (CRC/C/COD/CO/2, paragraph 67), expressed grave concern that the State, through its armed forces, bears direct responsibility for violations of the rights of the child and that it had failed to protect children and prevent such violations. The Committee of Experts also notes the observation by the Committee on the Rights of the Child that children have been arrested, detained and tried in military courts for military offences and other crimes allegedly committed while they were in the armed forces or groups, instead of being treated as victims (CRC/C/COD/CO/2, paragraph 72).

The Committee observes that, despite the adoption of Legislative Decree No. 066 of 9 June 2000 concerning the demobilization and reintegration of vulnerable groups present within the fighting forces, and of Act No. 09/001 of 10 January 2009, which prohibits the enrolment and use of children under 18 years of age in armed forces and groups and the police, children continue to be recruited and forced to join rebel armed groups and the regular armed forces of the Democratic Republic of the Congo. The Committee expresses deep concern at the persistence of this practice and the increase in the number of children recruited by the FARDC. It also once again expresses its grave concern at the practice of the detention of children for presumed association with armed groups and their judgement by military tribunals, which constitutes a flagrant violation of international standards. The Committee urges the Government to take immediate and effective measures as a matter of urgency to ensure that children under 18 years of age are not forcibly recruited into the ranks of the armed forces of the Democratic Republic of the Congo and requests it to provide information on the measures taken in this regard. With reference to Security Council Resolution No. 1906 of 23 December 2009, in which it “demands that all armed groups immediately stop recruiting and using children and release all children associated with them”, the Committee urges the Government to take immediate and effective measures to ensure that thorough investigations and robust prosecutions of any persons, including officers in the regular armed forces, who forcibly recruit children under 18 years of age for use in armed conflict, are carried out and that sufficiently effective and dissuasive penalties are applied to them in practice, in accordance with Act No. 09/001 of 10 January 2009. It requests it to provide information on the number of investigations conducted, prosecutions and convictions against such persons.

Article 3(d). Hazardous work. Mines. In its previous comments, the Committee noted the comments by the Confederation of Trade Unions of the Congo according to which young persons under 18 years of age are employed in mineral quarries in the provinces of Katanga and East Kasai. It noted that the United Nations Special Rapporteur, in her report of April 2003 on the situation of human rights in the Democratic Republic of the Congo (E/CN.4/2003/43, paragraph 59), noted that military units are recruiting children for forced labour, especially for the extraction of natural resources. The Committee observes that, although the legislation is in conformity with the Convention on this point, child labour in mines is a problem in practice and it therefore requested the Government to supply information on the measures which will be taken by the labour inspectorate to prohibit hazardous work by children in mines and to provide information on the effective application of the legislation on the protection of children in practice against hazardous work in mines.

The Committee notes that the Government’s report does not provide information on this subject. It observes that, in the context of the Conference Committee on the Application of Standards, the Worker member of the Democratic Republic of the Congo indicated that the labour inspectorate is not effective in view of the lack of staff and resources, and that it does not therefore have the capacity to address the problem of children working in mines. The Committee joins the Committee on the Application of Standards in urging the Government to take the necessary measures to reinforce the capacities of the labour inspectorate with a view to ensuring that children under 18 years of age engaged in hazardous types of work in mines benefit from the protection afforded by the national legislation. In this respect, it once again requests the Government to provide information on the application of provisions concerning this worst form of child labour, particularly through the communication of statistics on the number and nature of the offences reported and the penalties imposed.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour, removing them from such work and ensuring their rehabilitation and social integration. 1. Sale and trafficking of children for sexual exploitation. The Committee noted previously that the Government has established a multi-sectoral cooperation and action framework to prevent and respond to violence inflicted upon women, young persons and children, and that this framework includes the ministries responsible for human rights, women and the family and for social affairs, United Nations agencies, including UNICEF and UNDP, as well as NGOs. The action taken in this context includes the adoption of laws on sexual violence, awareness raising so that victims report their aggressors, psychological and social support for victims, medical treatment through the creation or reinforcement of health centre facilities to provide suitable care for victims, and legal support through the creation of legal advice centres. The Committee requested the Government to provide information on the impact of these measures. Noting the absence of information in the Government’s report on this subject, the Committee once again asks the Government to provide concrete information on the number of child victims of sale and trafficking for sexual exploitation who have in practice been removed from this worst form of child labour and on the specific measures adopted to ensure their rehabilitation and social integration.

2. Child soldiers. In its previous comments, the Committee noted that the operational framework for children associated with armed forces and groups envisaged by the National Programme for Disarmament, Demobilization and Reintegration had been launched in May 2004, and that around 30,000 children, including those who had been released before the adoption of the operational framework, were separated from the armed forces and groups between 2003 and December 2006. The Committee however noted that the issue of registering girls and removing them from the armed forces is a sensitive matter. The fear of being socially excluded if they are found to have been associated with armed forces or groups means that girls prefer to return discreetly to civilian life. The Committee also noted that programmes for the economic reintegration of children are hampered by the lack of possibilities available to improve their economic situation and the financial problems arising from a lack of long-term support mechanisms under the Programme. As a result, the children are at risk of being
re-enlisted in the armed forces or groups. With regard to measures for psychological rehabilitation, the Government also acknowledged that the transitional support structures are deficient.

The Committee notes that, according to the report of the United Nations Secretary-General on children and armed conflict in the Democratic Republic of the Congo of 9 July 2010 (S/2010/369, paragraphs 30 and 51–58), the number of children released in 2009 more than tripled in comparison with 2008, particularly in the province of North Kivu. Between October 2008 and the end of 2009, some 3,180 children (3,004 boys and 176 girls) left the ranks of the armed forces and groups or fled and were admitted to reintegration programmes. However, the Committee notes with concern the information provided in the report of the Secretary-General according to which on many occasions the FARDC has refused access to the camps to child protection institutions seeking to verify the presence of children in their units and that the commanders refuse to release children.

The Committee also observes that there are many obstacles to effective reintegration, such as the constant insecurity and the continued presence of former recruiters in the same region. According to the report of the Secretary-General, family reunion activities were suspended in certain regions of North Kivu during the course of 2009 in view of the high risk of re-engagement and the intimidation of children formerly associated with the armed forces and groups. The Committee also notes that the Committee on the Rights of the Child, in its concluding observations of 10 February 2009 (CRC/C/COD/CO/2, paragraph 72), expresses concern at the fact that several thousands of child victims recruited or used in hostilities have not been provided with measures for recovery and integration and that certain of these children have been re-recruited in the absence of alternatives and assistance for demobilization. According to the report of the Secretary‑General, girls associated with the armed forces and groups (around 15 per cent of the total number of children) rarely have access to reintegration programmes. Indeed, only 7 per cent of them benefit from assistance through national disarmament, demobilization and reinsertion programmes. The Committee notes the information provided by the Government to the effect that the structure of the unit for the implementation of the Programme for Disarmament, Demobilization and Reintegration needs to be strengthened. The Committee urges the Government to redouble its efforts and to take effective and time-bound measures to reinforce the National Programme for Disarmament, Demobilization and Reintegration with a view to continuing to remove children from armed groups and forces and ensuring their rehabilitation and social integration, paying special attention to girls. In this respect, it requests the Government to provide information on the results achieved in terms of the number of children who have benefited from social and economic reintegration measures.

3. Children who work in mines. The Committee notes the Government’s reply to the Conference Committee on the Application of Standards indicating that several projects for the prevention of child labour in mines and the reintegration of these children through education are being implemented. It notes the information provided in the Government’s report according to which these projects are intended to cover a total of 12,000 children, of whom 4,000 are to be covered by prevention measures and 8,000 removed with a view to their reintegration through vocational training. With reference to the conclusions of the Committee on the Application of Standards, the Committee requests the Government to provide detailed information in its next report on the specific measures adopted in the context of these projects to prevent children under 18 years of age from working in mines and to provide the necessary and appropriate direct assistance for their removal from these worst forms of child labour and to ensure their rehabilitation and social integration. In this respect, it requests the Government to provide information on the number of children who are in practice removed from these worst forms of child labour and who have benefited from reintegration measures through vocational training.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or similar practices. 1. Sale and trafficking of children for sexual exploitation. In its previous comments, the Committee noted that the Committee on the Rights of the Child, in its concluding observations of July 2001 (CRC/C/15/Add.153, paragraphs 68 and 69), expressed grave concern at the information concerning the sale, trafficking, abduction and exploitation for pornography of young girls and boys in the country or from the country to another country. It considered that it was a matter of great concern that the national legislation does not sufficiently protect children from trafficking and recommended that the Government adopt appropriate legislation and penalize persons responsible for such practices. The Committee noted that section 67 of the Penal Code prohibits the forcible abduction, arrest or detention of any person. Furthermore, section 68 of the Penal Code prohibits the abduction, arrest or detention of any person for sale as a slave or the use of persons placed under one’s authority for the same purpose. The Committee observed that the provisions of the Penal Code penalizing the sale and trafficking of children for sexual exploitation are not adequate, in view of the scale of the phenomenon in the country, and asked the Government to take the necessary measures to prohibit and penalize this worst form of child labour.

The Committee notes the information supplied by the Government to the effect that article 16(3) and (4) of the Constitution of the Democratic Republic of the Congo of 18 February 2006 states that no person may be kept in slavery or in similar conditions; no person may be subjected to cruel, inhuman or degrading treatment; and no person may be subjected to forced or compulsory labour. The Committee notes with interest the Government’s statement to the effect that section 174j of the Penal Code, incorporated in the Code in July 2006, states that any person committing an act or transaction relating to the trafficking or sexual exploitation of children or any other person, in return for remuneration or any other benefit, shall be liable to penal servitude ranging from ten to 20 years. Moreover, the Committee notes the Government’s statement that Act No. 06/18 strengthens the measures to penalize rape and introduces new provisions with regard to other offences, including enticing minors into debauchery or forced prostitution, trafficking and sexual exploitation of children, and pornography. The Committee requests the Government to supply a copy of section 174j of the Penal Code and Act No. 06/18. It also requests the Government to provide information on the application of section 174j of the Penal Code and Act No. 06/18 in practice, including, in particular, statistics on the number and nature of infringements reported, investigations, prosecutions, convictions and penalties imposed.

2. Forced recruitment of children for use in armed conflict. The Committee noted that article 184 of the Transitional Constitution provides that no one shall be recruited into the armed forces of the Democratic Republic of the Congo or take part in war or hostilities unless they have reached the age of 18 years at the time of recruitment. It also noted that the Government adopted Legislative Decree No. 066 of 9 June 2000 concerning the demobilization and reintegration of vulnerable groups present within the fighting forces (Legislative Decree No. 066). The Committee also noted that, according to the report of the United Nations Secretary-General on children and armed conflict of 9 February 2005 (A/59/695-S/2005/72, paragraphs 15–22), even though positive steps have been taken, including the integration of several armed groups into the Forces armées de la République démocratique du Congo (FARDC), the new national army, these various military units were still not fully integrated and, in many cases, they were only theoretically part of the FARDC and some of them continued to use children. According to the report, despite a certain amount of progress, thousands of children remained in the country’s armed forces and armed groups, and recruitment, albeit not systematic, was continuing.

The Committee notes the United Nations Secretary-General’s report of 28 June 2007 on children and armed conflict in the Democratic Republic of the Congo (S/2007/391), which covers the period from June 2006 to May 2007. It also notes the United Nations Secretary-General’s report of 21 December 2007 on children and armed conflict (A/62/609-S/2007/757, paragraphs 6–9 and 38–45), which covers the period from October 2006 to August 2007. According to these reports, the number of children recruited by the armed groups and armed forces has fallen by 8 per cent, which can be attributed in particular to the progress made in the implementation of the programme for the disarmament, demobilization and reintegration of children, the integration of the army, the reduction in the number of combat zones and the action taken by child protection networks against the recruitment of children. However, the parties to the conflict continue to abduct, recruit and use children. The number of children in the FARDC-integrated and non-integrated brigades remains high, particularly in the Ituri region and the two Kivu provinces.

According to the reports of the United Nations Secretary-General, recruitment of children was intensified in North Kivu, and also in Rwanda and Uganda, prior to and throughout the mixage (integration) process, which appears to be linked to the strategy of commanders loyal to Laurent Nkunda to increase the number of troops to be integrated and strengthen the forces before engaging in combat operations against the Forces démocratiques de libération du Rwanda (FDLR) and the Mai-Mai in North Kivu. Children who fled or were released indicated that recruitment was continuing actively in the returnee settlements of Buhambwe, Masisi territory, the Kiziba and Byumba refugee camps in Rwanda, the towns of Byumba and Mutura in Rwanda and the town of Bunagana on the border between the Democratic Republic of the Congo and Uganda. Mai-Mai groups still active in North Kivu were alleged still to be recruiting children, including girls.

The Committee notes that, according to the two 2007 reports of the Secretary-General, the number of abductions reported in the region of Ituri and the provinces of North and South Kivu remains high. The abducted children have been recruited by armed groups in 30 per cent of cases, been victims of rape in 13 per cent of cases, and subjected to forced labour (carrying the equipment of armed elements during troop redeployments) in 2 per cent of cases. Furthermore, in 17 per cent of cases, the victims were children previously associated with armed groups whom the FARDC arrested in order to make them provide information on the groups or extort money from their families. Moreover, even though there has been a reduction in the number of injuries or murders involving children, children continue to be victims of the fighting. Despite the adoption of two laws against sexual violence on 20 July 2006, the number of incidents of rape and other sexual violence against children remains extremely high. Furthermore, the Secretary-General indicates that children have been detained for alleged association with armed groups, in violation of international standards, and are subjected to mistreatment and torture and deprived of food.

The Committee notes the information supplied by the Government to the effect that it is giving its fullest attention to the forced recruitment of children for use in armed conflict and is doing its utmost to stop them being enlisted. In order to enforce the applicable legislation, the Government is taking steps, in cooperation with the International Criminal Court, to prosecute Mr Thomas Lubanga, a warlord operating in Ituri. In addition, proceedings have also been instituted at the Auditorat militaire (military prosecutor’s office) of Lubumbashi garrison in Katanga province against Mr Kyungu Mutanga, warlord of the Mai-Mai “negative forces” of North Katanga, who is facing the same charges. As regards the national armed forces, the FARDC central command issued an explicit instruction in May 2005 to all commanders not to recruit children under 18 years of age and that anyone failing to comply would face severe penalties. The FARDC chief military prosecutor subsequently instructed all garrison prosecutors to prosecute any individual violating the law or military orders. On this basis, the military tribunal of Bukavu garrison convicted Major Biyoyo of the former Mudundu movement on 17 March 2006 for insurrection, desertion abroad and the arbitrary arrest and illegal detention of children in South Kivu in April 2004. However, the Government recognizes that, despite the progress made in the penalization of child recruitment, the continued fighting in certain areas increases the risk of children being enlisted. This has been the case in Ituri and the provinces of North and South Kivu, where the abduction of some 30 children, including girls, has been reported.

The Committee notes that the Government has adopted certain measures to end the impunity which has been enjoyed by perpetrators of the forced recruitment of children for use in armed conflict, particularly on an international scale, through its collaboration with the International Criminal Court for instituting legal proceedings against Mr Thomas Lubanga, and on a national scale, through the legal proceedings instituted against Mr Kyungu Mutanga. However, the Committee notes that, despite these measures taken by the Government, children are still being recruited and forced to join illegal armed groups or the armed forces. It expresses its profound concern with regard to the persistence of this practice, especially as it leads to other violations of the rights of children, in the form of abductions, murders and sexual violence. It also voices its concern with regard to the detention of children for presumed association with armed groups, in violation of international standards. The Committee urges the Government to intensify its efforts to improve the situation and to adopt, as a matter or urgency, immediate and effective measures to put a stop in practice to the forced recruitment of children under 18 years of age by armed groups and the armed forces, particularly in Ituri, North Kivu and South Kivu, and to supply information on any new measure taken to this end. With reference to Security Council resolution No. 1612 of 26 July 2005, which recalls “the responsibilities of States to end impunity and to prosecute those responsible for genocide, crimes against humanity, war crimes and other egregious crimes perpetrated against children”, the Committee urges the Government to take measures to ensure that sufficiently effective and deterrent penalties are imposed on persons found guilty of recruiting or using children under 18 years of age for the purposes of armed conflict. It requests the Government to supply information in this regard. Finally, the Committee requests the Government to send a copy of Legislative Decree No. 066 of 9 June 2000 concerning the demobilization and reintegration of vulnerable groups present in the fighting forces.

Clause (d). Hazardous work. Mines. In its previous comments, the Committee noted the observations from the Confederation of Trade Unions of the Congo to the effect that young persons under 18 years of age are employed in mineral quarries in the provinces of Katanga and East Kasäi. The Committee also noted that the United Nations Special Rapporteur, in her report of April 2003 on the situation of human rights in the Democratic Republic of the Congo (E/CN.4/2003/43, paragraph 59), noted that military units are recruiting children for forced labour, especially for the extraction of natural resources. The Special Rapporteur added that non-governmental organizations (NGOs) in South Kivu had informed her of children being recruited by armed groups to work in mines. The Committee further noted that, under section 32 of Ministerial Order No. 68/13 of 17 May 1968 determining the conditions of work of women and children (Order No. 68/13), the extraction of minerals, shale, materials and debris from mines, open-cast mines and quarries, and also earthworks, are prohibited for young persons under 18 years of age. The Committee noted that section 326 of the Labour Code establishes penalties for violations of the provisions of Article 3, paragraph 2(d), relating to hazardous work. The Committee observed that, although the legislation is in conformity with the Convention on this point, child labour in mines is a problem in practice.

The Committee notes the Government’s statement confirming the allegations made by the Confederation of Trade Unions of the Congo on the exploitation of young persons under 18 years of age in mineral quarries in the provinces of Katanga and East Kasai. It also notes that section 13(13) of the recently adopted Ministerial Order No. 12/CAB.MIN/TPS/045/08 of 8 August 2008 determining the working conditions of children prohibits the employment of young persons under 18 years of age in work performed underground, under water, at dangerous heights or in confined spaces. Moreover, the Committee notes the Government’s indication that measures will be taken by the Committee for the Elimination of Child Labour and also by the labour inspectorate. The Committee requests the Government to supply information on the measures which will be taken by the Committee for the Elimination of Child Labour and by the labour inspectorate to prohibit hazardous work for children in mines. It also requests the Government to provide information on the effective application of the legislation on the protection of children in practice against hazardous work in mines, including, for example, statistics on the number and nature of offences reported, investigations, prosecutions, convictions and penalties imposed.

Article 7, paragraph 2. Effective and time-bound measures. Clause (b). Removal of children from the worst forms of child labour and ensuring their rehabilitation and social integration. 1. Sale and trafficking of children for sexual exploitation.  The Committee noted that the Committee on the Rights of the Child, in its concluding observations of July 2001 (CRC/C/15/Add.153, paragraph 69), recommended that the Government provide the police force and border guards with special training to help in combating the sale, trafficking and sexual exploitation of children, and establish programmes to provide assistance, including rehabilitation and social reintegration, to the child victims of sexual exploitation.

The Government states in its report that it has established a multi-sectoral cooperation and action framework to prevent and respond to violence inflicted on women, young persons and children, a framework which includes the ministries responsible for human rights, women and the family, and social affairs, United Nations agencies, including the United Nations Children’s Fund (UNICEF) and the United Nations Development Programme (UNDP), and also NGOs. Action taken within this framework includes the adoption of laws on sexual violence, awareness raising so that victims report their aggressors, psychological and social support for victims, medical support through the creation or reinforcement of health centre facilities to provide suitable care for victims, and legal support through the setting up of legal advice centres. The Committee notes the measures taken by the Government to remove children from sale and trafficking for sexual exploitation and to ensure their rehabilitation and social integration. It requests the Government to intensify its efforts and supply information in its next report on the number of children who have actually been removed from this worst form of child labour and on specific measures which have been adopted to ensure the rehabilitation and social integration of these children.

2. Child soldiers. With reference to its previous comments, the Committee notes that, according to the reports of the United Nations Secretary-General of 28 June 2007 and 21 December 2007, the national programme for disarmament, demobilization and reintegration expressly provided for the release of children. The operational framework for children associated with armed forces and groups was launched in May 2004, and approximately 30,000 children, including those who had been released before the adoption of the operational framework, were separated from the armed forces and groups between 2003 and December 2006. Of this number, 15,167 received assistance with reintegration, with 6,066 receiving aid to enable them to return to school and 9,010 enrolling in programmes designed to equip them for finding the means of subsistence. Implementation of the national programme for disarmament, demobilization and reintegration was delayed because of the brassage process and at times it proved difficult to release the children. In addition, according to the Secretary-General’s reports, 4,182 children, including 629 girls, were released from the armed forces and groups in the east of the country during the reporting periods. In Ituri, 2,472 children, including 564 girls, were able to leave the ranks of the MRC, FRPI and FNI militias. In North Kivu, 1,374 children, including 52 girls, were released and in South Kivu, 336 children, including 13 girls, were also released.

The Government states in its report that the issue of registering the girls and removing them from the armed forces is a sensitive matter. Afraid of being socially excluded if they are found to have been associated with armed forces or groups, the girls prefer to return discreetly to civilian life. The Government also states that a programme to raise community awareness regarding family reunification and the social-economic reintegration of children released from armed forces and groups has been implemented in all the provinces of the country. In this context, children are catered for in employment centres, searches are undertaken with a view to family reunification and social and economic reintegration measures are taken. However, programmes for the economic reintegration of children are hampered by the lack of possibilities available to improve their economic situation and the financial problems arising from a lack of long-term support mechanisms. As a result, the children are at risk of being re-enlisted in the armed forces or groups. However, the Government points out that it expects to resolve the financial problems in order to revive the programme for the social, vocational and economic reintegration of children. As regards the measures for psychological rehabilitation, the Government acknowledges that the transitional support structures  are deficient. The impact on some children has been so great that they find it difficult to readjust to family life. The Committee notes the information supplied by the Government on the measures it has taken to improve the situation. In this regard, the Committee requests the Government to intensify its efforts and adopt time-bound measures to remove children from armed forces and groups, with special attention given to girls. Furthermore, it requests the Government to revive the programme for social, vocational and economic reintegration and improve the implementation of psychological rehabilitation measures. Finally, the Committee requests the Government to indicate the number of young persons under 18 years of age who have been rehabilitated and integrated into their communities.

The Committee is also raising a number of other issues in a direct request to the Government.

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 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. The Committee noted that section 4 of Act No. 015/2002 of 16 October 2002 issuing the Labour Code (the Labour Code) establishes a National Committee to Combat the Worst Forms of Child Labour. The National Committee has the function of formulating a national strategy for the eradication of the worst forms of child labour and following up its implementation. The Committee noted the Government’s indication that the Ministry of Labour and Social Insurance has formulated a draft ministerial order establishing and organizing the operation of the Committee to Combat the Worst Forms of Child Labour, as envisaged in section 5 of the Labour Code. The Committee requests the Government to provide a copy of the order when it has been adopted.

Article 3. Worst forms of child labour. The Committee noted with interest that the wording of section 3 of the Labour Code is almost the same as that of Article 3 of the Convention and provides that all the worst forms of child labour shall be abolished. The Committee noted that though the Labour Code does not include a definition of the term child, but refers instead to the Family Code. However, section 219 of the Family Code does not provide a definition of the term child, but defines the term minor as an individual of either sex who has not yet reached 18 years of age. The Committee requests the Government to confirm that the term “child” in the Labour Code refers to children under 18 years of age and, if not, the measures it intends taking to ensure that the prohibitions against the worst forms of child labour apply to children under 18 years of age.

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

Article 3(d). Hazardous work. Self-employed workers. The Committee noted that Act No. 015/2002 of 16 October 2002 issuing the Labour Code (the Labour Code) applies to all workers and all employers (section 1(1)). Section 7(a) defines the term worker as “any individual of an age to conclude a contract … who has undertaken to place their occupational activity, in return for remuneration, under the direction and authority of an individual or association, public or private, in the context of a labour contract”. Section 7(b) of the Labour Code defines the term employer as “any individual or association, in public or private law, who makes use of the services of one or more workers by virtue of a labour contract”. The Committee noted that, under these provisions, the Labour Code does not apply to young children under 18 years of age who work under arrangements other than labour contracts. They accordingly are not protected from engaging in hazardous types of work. The Committee requests the Government to indicate the manner in which the national legislation provides that such young persons under 18 years of age shall benefit from the protection afforded by Article 3(d) of the Convention, so as to ensure that they are not engaged in work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals.

Article 4, paragraphs 1 and 3. Determination and revision of the list of types of work determined as being hazardous. The Committee noted the Government’s indication that Ministerial Order No. 68/13 of 17 May 1968 determining the conditions of work of women and young persons (Order No. 68/13) remains in force until new measures are taken under the Labour Code of 2002. The Committee noted that section 32 of Order No. 68/13 contains a list of hazardous and unhealthy types of work prohibited for young persons under 18 years of age. It also noted that section 32(13) establishes a general prohibition of all types of work prohibited by the labour inspector on the grounds of their dangerous or unhealthy nature. Furthermore, section 28 of Order No. 68/13 prohibits the assignment of young persons under 18 years of age to the regular transport of loads. Under the terms of section 31, young persons of both sexes under 18 years of age may be engaged in the transport of loads on hand trolleys or similar vehicles. Moreover, section 35 provides that the employment of young persons under 18 years of age is prohibited in bars and other public places where alcoholic beverages are consumed. The Committee noted that this Order was adopted under the Labour Code of 1967. As the new Labour Code was adopted in 2002, the Committee reminded the Government that, under the terms of Article 4, paragraph 3, of the Convention, the list of hazardous types of work determined shall be periodically examined and revised as necessary, in consultation with the organizations of employers and workers concerned. In this respect, the Committee drew the Government’s attention to Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190), which provides that, in determining the types of work referred to under Article 3(d) of the Convention, and in identifying where they exist, consideration should be given, inter alia, to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, underwater, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in an unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels, or vibrations damaging to their health; (e) work under particularly difficult conditions, such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer. The Committee hopes that, when formulating the new measures to be adopted under the Labour Code of 2002, the Government will take into consideration the types of work enumerated in Paragraph 3 of Recommendation No. 190.

Article 4, paragraph 2. Identification of where hazardous types of work exist. The Committee noted the Government’s indication that, under the terms of section 36 of Order No. 68/13, the recruitment of any young workers under 18 years of age shall occasion the establishment by the employer of a list indicating, inter alia, the job in which each worker is employed. A copy of this list, including reference to the certificates of fitness for employment, has to be sent to the labour inspector competent for the geographical area concerned within one week of recruitment. The Government added that, as a result of the information gathered in this manner, it is easy for the labour inspector to identify where hazardous types of work are being carried out. The Committee requests the Government to indicate whether these lists have made it possible to identify cases of hazardous work and, if so, to provide the results.

Article 5. Mechanisms to monitor the implementation of the provisions giving effect to the Convention. The Committee noted the Government’s indication that the general labour inspection service is responsible for the enforcement of the provisions giving effect to the Convention. It also noted that, under section 187(1) of the Labour Code, the function of the labour inspectorate is to enforce legal provisions respecting conditions of work and the protection of workers in the performance of their work, including provisions respecting the employment of children. Furthermore, section 192 of the Labour Code determines the responsibilities of labour inspectors attached to the general labour inspectorate. The Committee requests the Government to provide information on the working of the labour inspection services, particularly with regard to the worst forms of child labour, including extracts of reports or other documents. It also requests the Government to provide information on the consultations held with employers’ and workers’ organizations, in accordance with the provisions of this Article.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee noted the Government’s indication that programmes of action to eliminate the worst forms of child labour are currently under preparation. The Committee requests the Government to provide information on the programmes of action as soon as they are adopted. Furthermore, it requests the Government to provide information on the consultations held with relevant public institutions and employers’ and workers’ organizations and other concerned groups.

Article 7, paragraph 1. Penalties. The Committee noted that section 326 of the Labour Code establishes penalties for violations of the provisions of section 2 of the Labour Code respecting forced labour and section 3 on the worst forms of child labour. The Committee noted that the penalties for offences as serious as forced labour, trafficking, use of children for prostitution, pornography and illicit activities, contained in section 326 of the Labour Code, are not sufficiently dissuasive. It urges the Government to take steps to increase the penalties in order to more effectively eliminate the worst forms of child labour. It requests the Government to provide information on the application of these penalties in practice. With regard to prostitution, the Committee requests the Government to provide information on the application in practice of the penalties envisaged in sections 172 and 174bis of the Labour Code, including reports on the number of convictions.

Paragraph 2. Effective and time-bound measures. Clause (d). Children at special risk. 1. Identification. The Committee noted the information provided by the Government that the members of the Committee to Combat the Worst Forms of Child Labour, in collaboration with employers’ and workers’ organizations and the Ministry of Labour and Social Insurance, will identify children at special risk. The Committee requests the Government to indicate the results achieved in the identification of children at special risk.

2. Street children. The Committee noted that, in its Concluding Observations on the Government’s initial report in July 2001 (CRC/C/15/Add.153, paragraphs 70 and 71), the Committee on the Rights of the Child expressed concern at the high number and difficult situation of children living in or working on the streets. The Committee on the Rights of the Child urged the Government to strengthen its assistance to children living in or working on the streets through, among others, studying the causes and implementing preventive measures, improving the protection of children already in this situation, including through the provision of education and programmes to assist them to leave street life. The Committee considered that children living on the streets are at special risk of the worst forms of child labour. It therefore requests the Government to provide information on the measures adopted or envisaged, particularly with regard to the protection of children living on the streets from the worst forms of child labour, and their rehabilitation and social integration.

3. HIV/AIDS. The Committee noted that, in its concluding observations in July 2001 (CRC/C/15/Add.153, paragraphs 52 and 53), the Committee on the Rights of the Child expressed deep concern at the very high number of children affected by HIV/AIDS either through direct infection, including mother-to-child transmission, or following the illness or death of a parent. In this respect, the Committee of Experts notes that, according to the information contained in the Fact Sheet of 2004 on the epidemic prepared by the Joint United Nations Programme on HIV/AIDS (UNAIDS) and the World Health Organization (WHO), there are around 770,000 HIV/AIDS orphans in the Democratic Republic of the Congo. While noting that the Democratic Republic of the Congo is participating in the World Bank HIV/AIDS Programme covering several countries with a view to implementing a national strategic plan to control the epidemic, the Committee of Experts is concerned at the very high number of children affected by HIV/AIDS. The Committee noted that HIV/AIDS has consequences for orphans, who are at increased risk of being engaged in the worst forms of child labour. With reference to the recommendations made by the Committee on the Rights of the Child in July 2001, the Committee requests the Government to make every effort to reduce the incidence of HIV/AIDS by preventing its transmission within the population, and to provide information on the specific time-bound measures taken to improve the situation of these children.

Clause (e). Special situation of girls. The Committee noted that, in its concluding observations in July 2001 (CRC/C/15/Add.153, paragraphs 60 and 61), the Committee on the Rights of the Child expressed concern at the low rate of school enrolment of girls, their high drop-out rate and also the high female illiteracy rate, especially in rural areas. The Committee on the Rights of the Child recommended the Government to strengthen its efforts to improve the access of girls to education, including by establishing specific programmes to reduce female illiteracy and information campaigns promoting this right. The Committee of Experts noted the information provided by the Government to the effect that special attention will be accorded to the situation of girls when formulating the various programmes to combat the worst forms of child labour. Considering that education contributes to eliminating many of the worst forms of child labour, the Committee hopes that the Government will take the necessary measures to improve the education system, ensure that children attend school regularly and reduce school drop-out rates, especially among girls.

Parts IV and V of the report form. Application of the Convention in practice. The Committee noted that no statistical data on the number of child victims of the worst forms of child labour appear to be available for the Democratic Republic of the Congo. It therefore hopes that the Government will be in a position to provide statistics and information with its next report on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of the infringements reported, the investigations undertaken, prosecutions, convictions and the penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex.

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

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 3 of the Convention. Worst forms of child labour. Clause (a). 1. Sale and trafficking of children for sexual exploitation. With reference to its observations under Convention No. 29, the Committee noted that in its initial report to the Committee on the Rights of the Child in August 2000 (CRC/C/3/Add.57, paragraphs 68, 205 and 206), the Government indicated that phenomena such as the trafficking and sale of children for their sexual and commercial exploitation are increasingly widespread in the Democratic Republic of the Congo. Nevertheless, there is no in-depth study or statistics on the subject. The Government also indicated that the causes are mainly of an economic nature, but also of a social, family, political–legal and cultural nature. The Committee further noted that, in its concluding observations, of July 2001 (CRC/C/15/Add.153, paragraphs 68 and 69), the Committee on the Rights of the Child expressed concern at the information on the trading, trafficking, kidnapping and use for pornography of young girls and boys within the territory of the country, or from the Democratic Republic of the Congo to another country, and that it considered it to be of great concern that domestic legislation does not sufficiently protect children from trafficking. The Committee on the Rights of the Child strongly recommended that the Government take urgent measures to end the sale, trafficking and sexual exploitation of children through, among others, the adoption and implementation of appropriate legislation and the use of the criminal justice process to punish those persons responsible for such practices.

The Committee noted that the Government ratified the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography in November 2001. It also noted that section 67 of the Penal Code prohibits the forceful abduction, restraint or detention of any person. Section 68 prohibits the abduction, restraint or detention of any person for the purpose of sale as slaves or the use of persons placed under their authority for that purpose. As indicated by the Government to the Committee on the Rights of the Child, the provisions of the Penal Code to suppress the sale and trafficking of children for sexual exploitation are not appropriate in view of the extent of the phenomenon. The Committee therefore requests the Government to take the necessary measures, as a matter of urgency, to prohibit in national legislation the sale and trafficking of children under 18 years of age for the purposes of sexual exploitation and to adopt appropriate penalties for contraventions of the prohibition.

2. Forced recruitment of children for use in armed conflict. With reference to its observations under Convention No. 29, the Committee noted that, in her report on the situation of human rights in the Democratic Republic of the Congo in April 2003 (E/CN.4/2003/43, paragraphs 33–36), the United Nations Special Rapporteur indicated that the phenomenon of child soldiers continues to be very disturbing. There is very little demobilization and mass recruitment taking place in the east of the country; according to UNICEF and the NGOs, there are more than 30,000 child soldiers in the Democratic Republic of the Congo. In Uvira, in South Kivu, all the armed groups in the region (RCD/Goma, Maï-Maï, Banyamulenge) continue to recruit children. Children aged under 15 make up a large proportion of the Maï-Maï, the Congolese National Army (ANC) and the Congolese Patriotic Union (UPC). The UPC has on several occasions ordered local communities to “supply children” for the war effort. According to the information transmitted to the Special Rapporteur, many child soldiers are abducted from their families by the various armed groups. They include young girls, who are frequently used as sex slaves for the soldiers. Many of the children are sent to the front.

The Committee also noted that, according to the report of the Secretary‑General of the United Nations on children and armed conflict of 9 February 2005 (A/59/695-S/2005/72, paragraphs 15–22), since the establishment of the Transitional Government in the Democratic Republic of the Congo, the Forces armées congolaises (FAC, the armed forces of the former Government), the Mouvement de libération du Congo (MLC), the Rassemblement congolais pour la démocratie-Goma (RCD-Goma), the Rassemblement congolais pour la démocratie-Kisangani/Mouvement de libération (RCD-K/ML), the Rassemblement congolais pour la démocratie-National (RCD-N) and the main Maï-Maï groups represented at the inter-Congolese dialogue have been integrated into the new national army, the Forces armées de la République démocratique du Congo (FARDC). According to the Secretary-General, while this is a positive step, the various military units have yet to be fully integrated. In many cases, the units are only nominally FARDC, and some of them continue to use children. Since the designation of FARDC regional military commanders in October 2003, some 5,000 children, a small number of them girls, have been released from armed forces and groups. The Secretary-General however indicates that, despite some advances, thousands of children remain in the armed forces and armed groups in the Democratic Republic of the Congo, and recruitment, although not systematic, has continued. Although reiterating its commitment to separate all children from the FARDC, the état-major has not yet provided adequate information about the presence of children in its numerous brigades. While some regional and local commanders have released children, no mass release of children has yet taken place.

The Committee noted that the Democratic Republic of the Congo ratified the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict in November 2001. It also noted that Article 184 of the Transitional Constitution provides that no one shall be recruited into the armed forces of the Democratic Republic of the Congo nor take part in a war or hostilities unless he has reached the age of 18 years at the time of recruitment. Furthermore, the Committee noted that the Government has adopted Legislative Decree No. 066 of 9 June 2000 to demobilize and reintegrate vulnerable groups present in the fighting forces (Legislative Decree No. 066). Under the terms of section 1 of Legislative Decree No. 066, an order has been issued to demobilize the vulnerable groups in the Congolese armed forces or other armed groups operating in the Democratic Republic of the Congo and to provide for their socio-economic integration and their integration into their families. Under section 2, the term “vulnerable groups” includes child soldiers, girls or boys aged under 18 years, which constitute a specific group requiring urgent humanitarian intervention.

Despite the action taken by the Government in this field, the Committee expressed particular concern at the current situation of children who are still recruited for armed conflict in the Democratic Republic of the Congo. In this respect, the Committee referred to the United Nations Security Council which, in resolution No. 1493, adopted on 28 July 2003, indicates that it “strongly condemns the continued recruitment and use of children in the hostilities in the Democratic Republic of the Congo, especially in North and South Kivu and in Ituri”. With reference to the United Nations Human Rights Commission, which in resolution No. 84, adopted on the 22 April 2004, “urges all the parties (…) to put an end to the recruitment and use of child soldiers, contrary to international law (...)”, the Committee requests the Government to provide information on the measures taken to ensure compliance with the legislation applicable in respect of the forced and compulsory recruitment of children for use in armed conflict. It also requests the Government to redouble its efforts to improve the situation. Furthermore, the Committee requests the Government to take measures as a matter of urgency to ensure that young persons under 18 years of age are not forced to take part in armed conflict either in the national armed forces or in rebel groups, and to provide information on any further measures adopted or envisaged for this purpose. The Committee also requests the Government to provide a copy of Legislative Decree No. 066 of 9 June 2000 on the demobilization and reintegration of vulnerable groups present in the fighting forces.

Clause (d). Hazardous work. Mines. In its communication, the Confederation of Trade Unions of the Congo indicated that young persons under 18 years of age are engaged in mineral quarries in the provinces of Katanga and East Kasaï. In this respect, the Committee noted that, in her report on the situation of human rights in the Democratic Republic of the Congo in April 2003 (E/CN.4/2003/43, paragraph 59), the United Nations Special Rapporteur noted that military units recruit children and force them to work, especially to extract natural resources. She added that NGOs in South Kivu informed her of children being recruited by armed groups to work in mines. The Committee referred to its observations under Convention No. 29, in which it noted the Concluding Observations of the Committee on the Rights of the Child of July 2001 (CRC/C/15/Add.153, paragraphs 66 and 67), according to which many children are at work in dangerous work environments, particularly in the Kasai mines and at certain locations in Lubumbashi. The Committee on the Rights of the Child recommended that the Government take measures to enforce legal protection in both the formal and informal work sectors, including in mines and other harmful environments.

The Committee noted that section 3(2)(d) of the Labour Code prohibits child labour in its worst forms, and particularly work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety, dignity or morals of children. Under the terms of section 1 of Ministerial Order No. 68/13 of 17 May 1968 determining the conditions of work of women and children (Order No. 68/13), it is prohibited for any employer to engage children in work in excess of their strength or exposing them to high occupational risks. The Committee also noted that under section 32 of Order No. 68/13, the extraction of minerals, shale, materials and debris from mines, open cast mines and quarries, as well as earthworks, are prohibited for young persons under 18 years of age. The Committee noted that section 326 of the Labour Code establishes penalties for violations of the provisions of section 3(2)(d) respecting hazardous work. Furthermore, it noted that the Democratic Republic of the Congo participates in the certification scheme for the internal control of diamonds established by the Kimberley Process. The Committee observed that although the legislation is in conformity with the Convention on this point, child labour in mines is a problem in practice. The Committee requests the Government to provide information in relation to the allegations made by the Confederation of Trade Unions of the Congo. It also requests the Government to redouble its efforts to ensure the effective application of the legislation for the protection of children against hazardous types of work, and particularly hazardous work in mines.

Article 7, paragraph 1. Penalties. The Committee recalled that, under Article 7, paragraph 1, of the Convention, the Government has to take all necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including the provision and application of penal sanctions. The Committee therefore requests the Government to indicate the penal provisions relating to: the sale or trafficking of children for sexual exploitation; the forced or compulsory recruitment of children for use in armed conflict; the engagement of children in hazardous work in mines. The Committee also requests the Government to provide information on the number and nature of the infringements reported, the investigations undertaken, legal proceedings initiated, convictions and the penalties applied in practice.

Article 7, paragraph 2. Effective and time-bound measures. Clause (b). Removal of children from the worst forms of child labour and ensure their rehabilitation and social integration. 1. Sale and trafficking of children for sexual exploitation. The Committee noted that, in its concluding observations of July 2001 (CRC/C/15/Add.153, paragraph 69), the Committee on the Rights of the Child recommended to the Government that the police force and border officials should receive special training to help in combating the sale, trafficking and sexual exploitation of children, and that programmes be established to provide assistance, including rehabilitation and social integration, to the child victims of sexual exploitation. The Committee requests the Government to provide information on the measures adopted to ensure the rehabilitation and social integration of young persons under 18 years of age who are victims of sale and trafficking for sexual exploitation.

2. Child soldiers. The Committee noted that the Government, through the Ministries of Human Rights and Defence, has adopted, in collaboration with the National Demobilization and Reintegration Bureau (BUNADER), a national programme of disarmament, demobilization and reintegration of ex-combatants (PNDR). It also noted that a National Commission on Disarmament, Demobilization and Reintegration was established in March 2004. Furthermore, the Committee noted that the Government is participating in the ILO/IPEC interregional project on the prevention and reintegration of children involved in armed conflict, which also covers Burundi, Rwanda, Congo, Philippines, Sri Lanka and Colombia. The objectives of the programme are to prevent the recruitment of children in armed conflict, facilitate their removal and ensure their social integration.

The Committee also noted that, in his report of 9 February 2005 on children and armed conflict (A/59/659-S/2005/72, paragraphs 15–22), the Secretary-General of the United Nations indicated that in early 2004 the Transitional Government adopted a national policy and procedural framework for the disarmament, demobilization and reintegration of children in FARDC and all other armed groups. The National Commission on Disarmament, Demobilization and Reintegration has been actively planning the National Programme of Disarmament, Demobilization and Reintegration with the Military Integration Structure (MONUC), the United Nations country team and NGOs. During the reporting period, MONUC, UNICEF and their child protection partners have been collaborating with the National Commission in the ongoing activities to remove children from the armed forces and armed groups. They have also been pursuing dialogue with the military authorities to advocate and plan the separation of children. In order to do so, direct contacts have been made with field commanders, the Ministry of Defence and the FARDC leadership. Since the designation of FARDC regional military commanders in October 2003, some 5,000 children, a small number of them girls, have been released from armed forces and groups. The planning of reintegration projects has also continued. The Secretary-General adds that in Ituri, some progress has been made through dialogue with various armed groups, as well as through collaborative disarmament, demobilization and reintegration planning by the United Nations country team and NGOs. In May 2004, the Forces armées populaires congolaises (FAPC), the Front nationaliste et intégrationniste (FNI), the Parti pour l’Unité et la sauvegarde du Congo (PUSIC), the Union des patriotes congolais (UPC-Thomas Lubanga faction) and the UPC-Floribert Kisembo faction formally undertook to participate in the disarmament and community reintegration programme, which first became operational in early September 2004. As of mid-December, almost 700 children had passed through this programme. An unspecified number of children had been released from these groups prior to the launching of the programme.

The Committee encourages the Government to continue collaborating with the various bodies involved in the disarmament and community integration process with a view to removing children from armed forces and groups. It requests the Governments to provide information on the impact of the ILO/IPEC interregional programme on the prevention and reintegration of children involved in armed conflict and the results achieved. The Committee also requests the Government to provide information on the time-bound measures taken to ensure the rehabilitation and social integration of the children who are in practice withdrawn from armed forces and groups.

Article 7, paragraph 3. Competent authority responsible for the implementation of the provisions giving effect to the Convention. The Committee noted the Government’s indication that the Ministry of Labour and Social Insurance, through the Committee to Combat Child Labour, is responsible for the implementation of the provisions giving effect to the Convention. The Government added that the Committee to Combat Child Labour will formulate a national strategy, monitor its implementation and evaluate the effect given to the measures recommended. However, the Committee noted that in its communication the Confederation of Trade Unions of the Congo stated that, although section 4 of the Labour Code provides for the establishment of a Committee to Combat Child Labour, it has never been created. The Committee requests the Government to provide information relating to the allegations of the Confederation of Trade Unions of the Congo. It also requests the Government to provide information on the national strategy formulated by the Committee to Combat Child Labour and to provide a copy when it has been adopted.

Article 8. Enhanced international cooperation and assistance. The Committee noted that the Democratic Republic of the Congo is a member of Interpol, the organization which assists in cooperation between countries in the various regions, in fields such as combating the trafficking of children. It also noted, according to World Bank information, that the Government has been preparing a Poverty Reduction Strategy Paper (PRSP) since 2002, with the development phase of the strategy due to begin in 2005. Recalling that poverty reduction programmes contribute to breaking the circle of poverty, which is essential for the elimination of the worst forms of child labour, the Committee requests the Government to provide information on any significant impact of the PRSP on the elimination of the worst forms of child labour, and particularly on the sale and trafficking of children for sexual exploitation, the forced recruitment of children for use in armed conflict and the performance of hazardous work in mines.

The Committee is also raising other points 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 very near future.

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 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. The Committee notes that section 4 of Act No. 015/2002 of 16 October 2002 issuing the Labour Code (the Labour Code) establishes a National Committee to Combat the Worst Forms of Child Labour. The National Committee has the function of formulating a national strategy for the eradication of the worst forms of child labour and following up its implementation. The Committee notes the Government’s indication that the Ministry of Labour and Social Insurance has formulated a draft ministerial order establishing and organizing the operation of the Committee to Combat the Worst Forms of Child Labour, as envisaged in section 5 of the Labour Code. The Committee requests the Government to provide a copy of the order when it has been adopted.

Article 3. Worst forms of child labour. The Committee notes with interest that the wording of section 3 of the Labour Code is almost the same as that of Article 3 of the Convention and provides that all the worst forms of child labour shall be abolished. The Committee notes that though the Labour Code does not include a definition of the term child, but refers instead to the Family Code. However, section 219 of the Family Code does not provide a definition of the term child, but defines the term minor as an individual of either sex who has not yet reached 18 years of age. The Committee requests the Government to confirm that the term “child” in the Labour Code refers to children under 18 years of age and, if not, the measures it intends taking to ensure that the prohibitions against the worst forms of child labour apply to children under 18 years of age.

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

Article 3(d). Hazardous work. Self-employed workers. The Committee notes that Act No. 015/2002 of 16 October 2002 issuing the Labour Code (the Labour Code) applies to all workers and all employers (section 1(1)). Section 7(a) defines the term worker as “any individual of an age to conclude a contract […] who has undertaken to place their occupational activity, in return for remuneration, under the direction and authority of an individual or association, public or private, in the context of a labour contract”. Section 7(b) of the Labour Code defines the term employer as “any individual or association, in public or private law, who makes use of the services of one or more workers by virtue of a labour contract”. The Committee notes that, under these provisions, the Labour Code does not apply to young children under 18 years of age who work under arrangements other than labour contracts. They accordingly are not protected from engaging in hazardous types of work. The Committee requests the Government to indicate the manner in which the national legislation provides that such young persons under 18 years of age shall benefit from the protection afforded by Article 3(d) of the Convention, so as to ensure that they are not engaged in work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals.

Article 4, paragraphs 1 and 3. Determination and revision of the list of types of work determined as being hazardous. The Committee notes the Government’s indication that Ministerial Order No. 68/13 of 17 May 1968 determining the conditions of work of women and young persons (Order No. 68/13) remains in force until new measures are taken under the Labour Code of 2002. The Committee notes that section 32 of Order No. 68/13 contains a list of hazardous and unhealthy types of work prohibited for young persons under 18 years of age. It also notes that section 32(13) establishes a general prohibition of all types of work prohibited by the labour inspector on the grounds of their dangerous or unhealthy nature. Furthermore, section 28 of Order No. 68/13 prohibits the assignment of young persons under 18 years of age to the regular transport of loads. Under the terms of section 31, young persons of both sexes under 18 years of age may be engaged in the transport of loads on hand trolleys or similar vehicles. Moreover, section 35 provides that the employment of young persons under 18 years of age is prohibited in bars and other public places where alcoholic beverages are consumed. The Committee notes that this Order was adopted under the Labour Code of 1967. As the new Labour Code was adopted in 2002, the Committee reminds the Government that, under the terms of Article 4, paragraph 3, of the Convention, the list of hazardous types of work determined shall be periodically examined and revised as necessary, in consultation with the organizations of employers and workers concerned. In this respect, the Committee draws the Government’s attention to Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190), which provides that, in determining the types of work referred to under Article 3(d) of the Convention, and in identifying where they exist, consideration should be given, inter alia, to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, underwater, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in an unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels, or vibrations damaging to their health; (e) work under particularly difficult conditions, such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer. The Committee hopes that, when formulating the new measures to be adopted under the Labour Code of 2002, the Government will take into consideration the types of work enumerated in Paragraph 3 of Recommendation No. 190.

Article 4, paragraph 2. Identification of where hazardous types of work exist. The Committee notes the Government’s indication that, under the terms of section 36 of Order No. 68/13, the recruitment of any young workers under 18 years of age shall occasion the establishment by the employer of a list indicating, inter alia, the job in which each worker is employed. A copy of this list, including reference to the certificates of fitness for employment, has to be sent to the labour inspector competent for the geographical area concerned within one week of recruitment. The Government adds that, as a result of the information gathered in this manner, it is easy for the labour inspector to identify where hazardous types of work are being carried out. The Committee requests the Government to indicate whether these lists have made it possible to identify cases of hazardous work and, if so, to provide the results.

Article 5. Mechanisms to monitor the implementation of the provisions giving effect to the Convention. The Committee notes the Government’s indication that the general labour inspection service is responsible for the enforcement of the provisions giving effect to the Convention. It also notes that, under section 187(1) of the Labour Code, the function of the labour inspectorate is to enforce legal provisions respecting conditions of work and the protection of workers in the performance of their work, including provisions respecting the employment of children. Furthermore, section 192 of the Labour Code determines the responsibilities of labour inspectors attached to the general labour inspectorate. The Committee requests the Government to provide information on the working of the labour inspection services, particularly with regard to the worst forms of child labour, including extracts of reports or other documents. It also requests the Government to provide information on the consultations held with employers’ and workers’ organizations, in accordance with the provisions of this Article.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes the Government’s indication that programmes of action to eliminate the worst forms of child labour are currently under preparation. The Committee requests the Government to provide information on the programmes of action as soon as they are adopted. Furthermore, it requests the Government to provide information on the consultations held with relevant public institutions and employers’ and workers’ organizations and other concerned groups.

Article 7, paragraph 1. Penalties. The Committee notes that section 326 of the Labour Code establishes penalties for violations of the provisions of section 2 of the Labour Code respecting forced labour and section 3 on the worst forms of child labour. The Committee notes that the penalties for offences as serious as forced labour, trafficking, use of children for prostitution, pornography and illicit activities, contained in section 326 of the Labour Code, are not sufficiently dissuasive. It urges the Government to take steps to increase the penalties in order to more effectively eliminate the worst forms of child labour. It requests the Government to provide information on the application of these penalties in practice. With regard to prostitution, the Committee requests the Government to provide information on the application in practice of the penalties envisaged in sections 172 and 174bis of the Labour Code, including reports on the number of convictions.

Paragraph 2. Effective and time-bound measures. Clause (d). Children at special risk. 1. Identification. The Committee notes the information provided by the Government that the members of the Committee to Combat the Worst Forms of Child Labour, in collaboration with employers’ and workers’ organizations and the Ministry of Labour and Social Insurance, will identify children at special risk. The Committee requests the Government to indicate the results achieved in the identification of children at special risk.

2. Street children. The Committee notes that, in its Concluding Observations on the Government’s initial report in July 2001 (CRC/C/15/Add.153, paragraphs 70 and 71), the Committee on the Rights of the Child expressed concern at the high number and difficult situation of children living in or working on the streets. The Committee on the Rights of the Child urged the Government to strengthen its assistance to children living in or working on the streets through, among others, studying the causes and implementing preventive measures, improving the protection of children already in this situation, including through the provision of education and programmes to assist them to leave street life. The Committee considers that children living on the streets are at special risk of the worst forms of child labour. It therefore requests the Government to provide information on the measures adopted or envisaged, particularly with regard to the protection of children living on the streets from the worst forms of child labour, and their rehabilitation and social integration.

3. HIV/AIDS. The Committee notes that, in its Concluding Observations in July 2001 (CRC/C/15/Add.153, paragraphs 52 and 53), the Committee on the Rights of the Child expressed deep concern at the very high number of children affected by HIV/AIDS either through direct infection, including mother-to-child transmission, or following the illness or death of a parent. In this respect, the Committee of Experts notes that, according to the information contained in the Fact Sheet of 2004 on the epidemic prepared by the Joint United Nations Programme on HIV/AIDS (UNAIDS) and the World Health Organization (WHO), there are around 770,000 HIV/AIDS orphans in the Democratic Republic of the Congo. While noting that the Democratic Republic of the Congo is participating in the World Bank HIV/AIDS Programme covering several countries with a view to implementing a national strategic plan to control the epidemic, the Committee of Experts is concerned at the very high number of children affected by HIV/AIDS. The Committee notes that HIV/AIDS has consequences for orphans, who are at increased risk of being engaged in the worst forms of child labour. With reference to the recommendations made by the Committee on the Rights of the Child in July 2001, the Committee requests the Government to make every effort to reduce the incidence of HIV/AIDS by preventing its transmission within the population, and to provide information on the specific time-bound measures taken to improve the situation of these children.

Clause (e). Special situation of girls. The Committee notes that, in its Concluding Observations in July 2001 (CRC/C/15/Add.153, paragraphs 60 and 61), the Committee on the Rights of the Child expressed concern at the low rate of school enrolment of girls, their high drop-out rate and also the high female illiteracy rate, especially in rural areas. The Committee on the Rights of the Child recommended the Government to strengthen its efforts to improve the access of girls to education, including by establishing specific programmes to reduce female illiteracy and information campaigns promoting this right. The Committee of Experts notes the information provided by the Government to the effect that special attention will be accorded to the situation of girls when formulating the various programmes to combat the worst forms of child labour. Considering that education contributes to eliminating many of the worst forms of child labour, the Committee hopes that the Government will take the necessary measures to improve the education system, ensure that children attend school regularly and reduce school drop-out rates, especially among girls.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes that no statistical data on the number of child victims of the worst forms of child labour appear to be available for the Democratic Republic of the Congo. It therefore hopes that the Government will be in a position to provide statistics and information with its next report on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of the infringements reported, the investigations undertaken, prosecutions, convictions and the penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex.

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

Article 3 of the Convention. Worst forms of child labour. Clause (a). 1.  Sale and trafficking of children for sexual exploitation. With reference to its observations under Convention No. 29, the Committee notes that in its initial report to the Committee on the Rights of the Child in August 2000 (CRC/C/3/Add.57, paragraphs 68, 205 and 206), the Government indicated that phenomena such as the trafficking and sale of children for their sexual and commercial exploitation are increasingly widespread in the Democratic Republic of the Congo. Nevertheless, there is no in-depth study or statistics on the subject. The Government also indicated that the causes are mainly of an economic nature, but also of a social, family, political-legal and cultural nature. The Committee further notes that, in its concluding observations, of July 2001 (CRC/C/15/Add.153, paragraphs 68 and 69), the Committee on the Rights of the Child expressed concern at the information on the trading, trafficking, kidnapping and use for pornography of young girls and boys within the territory of the country, or from the Democratic Republic of the Congo to another country, and that it considered it to be of great concern that domestic legislation does not sufficiently protect children from trafficking. The Committee on the Rights of the Child strongly recommended that the Government take urgent measures to end the sale, trafficking and sexual exploitation of children through, among others, the adoption and implementation of appropriate legislation and the use of the criminal justice process to sanction those persons responsible for such practices.

The Committee notes that the Government ratified the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography in November 2001. It also notes that section 67 of the Penal Code prohibits the forceful abduction, restraint or detention of any person. Section 68 prohibits the abduction, restraint or detention of any person for the purpose of sale as slaves or the use of persons placed under their authority for that purpose. As indicated by the Government to the Committee on the Rights of the Child, the provisions of the Penal Code to suppress the sale and trafficking of children for sexual exploitation are not appropriate in view of the extent of the phenomenon. The Committee therefore requests the Government to take the necessary measures, as a matter of urgency, to prohibit in national legislation the sale and trafficking of children under 18 years of age for the purposes of sexual exploitation and to adopt appropriate penalties for contraventions of the prohibition.

2. Forced recruitment of children for use in armed conflict. With reference to its observations under Convention No. 29, the Committee notes that, in her report on the situation of human rights in the Democratic Republic of the Congo in April 2003 (E/CN.4/2003/43, paragraphs 33-36), the United Nations Special Rapporteur indicated that the phenomenon of child soldiers continues to be very disturbing. There is very little demobilization and mass recruitment taking place in the east of the country; according to UNICEF and the NGOs, there are more than 30,000 child soldiers in the Democratic Republic of the Congo. In Uvira, in South Kivu, all the armed groups in the region (RCD/Goma, Maï-Maï, Banyamulenge) continue to recruit children. Children aged under 15 make up a large proportion of the Maï-Maï, the Congolese National Army (ANC) and the Congolese Patriotic Union (UPC). The UPC has on several occasions ordered local communities to “supply children” for the war effort. According to the information transmitted to the Special Rapporteur, many child soldiers are abducted from their families by the various armed groups. They include young girls, who are frequently used as sex slaves for the soldiers. Many of the children are sent to the front.

The Committee also notes that, according to the report of the Secretary-General of the United Nations on children and armed conflict of 9 February 2005 (A/59/695-S/2005/72, paragraphs 15-22), since the establishment of the Transitional Government in the Democratic Republic of the Congo, the Forces armées congolaises (FAC, the armed forces of the former Government), the Mouvement de libération du Congo (MLC), the Rassemblement congolais pour la démocratie-Goma (RCD-Goma), the Rassemblement congolais pour la démocratie-Kisangani/Mouvement de libération (RCD-K/ML), the Rassemblement congolais pour la démocratie-National (RCD-N) and the main Maï-Maï groups represented at the inter-Congolese dialogue have been integrated into the new national army, the Forces armées de la République démocratique du Congo (FARDC). According to the Secretary-General, while this is a positive step, the various military units have yet to be fully integrated. In many cases, the units are only nominally FARDC, and some of them continue to use children. Since the designation of FARDC regional military commanders in October 2003, some 5,000 children, a small number of them girls, have been released from armed forces and groups. The Secretary-General however indicates that, despite some advances, thousands of children remain in the armed forces and armed groups in the Democratic Republic of the Congo, and recruitment, although not systematic, has continued. Although reiterating its commitment to separate all children from the FARDC, the état-major has not yet provided adequate information about the presence of children in its numerous brigades. While some regional and local commanders have released children, no mass release of children has yet taken place.

The Committee notes that the Democratic Republic of the Congo ratified the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict in November 2001. It also notes that Article 184 of the Transitional Constitution provides that no one shall be recruited into the armed forces of the Democratic Republic of the Congo nor take part in a war or hostilities unless he has reached the age of 18 years at the time of recruitment. Furthermore, the Committee notes that the Government has adopted Legislative Decree No. 066 of 9 June 2000 to demobilize and reintegrate vulnerable groups present in the fighting forces (Legislative Decree No. 066). Under the terms of section 1 of Legislative Decree No. 066, an order has been issued to demobilize the vulnerable groups in the Congolese armed forces or other armed groups operating in the Democratic Republic of the Congo and to provide for their socio-economic integration and their integration into their families. Under section 2, the term “vulnerable groups” includes child soldiers, girls or boys aged under 18 years, which constitute a specific group requiring urgent humanitarian intervention.

Despite the action taken by the Government in this field, the Committee expresses particular concern at the current situation of children who are still recruited for armed conflict in the Democratic Republic of the Congo. In this respect, the Committee refers to the United Nations Security Council which, in resolution No. 1493, adopted on 28 July 2003, indicates that it “strongly condemns the continued recruitment and use of children in the hostilities in the Democratic Republic of the Congo, especially in North and South Kivu and in Ituri”. With reference to the United Nations Human Rights Commission, which in resolution No. 84, adopted on the 22 April 2004, “urges all the parties (…) to put an end to the recruitment and use of child soldiers, contrary to international law (...)”, the Committee requests the Government to provide information on the measures taken to ensure compliance with the legislation applicable in respect of the forced and compulsory recruitment of children for use in armed conflict. It also requests the Government to redouble its efforts to improve the situation. Furthermore, the Committee requests the Government to take measures as a matter of urgency to ensure that young persons under 18 years of age are not forced to take part in armed conflict either in the national armed forces or in rebel groups, and to provide information on any further measures adopted or envisaged for this purpose. The Committee also requests the Government to provide a copy of Legislative Decree No. 066 of 9 June 2000 on the demobilization and reintegration of vulnerable groups present in the fighting forces.

Clause (d). Hazardous work. Mines. In its communication, the Confederation of Trade Unions of the Congo indicates that young persons under 18 years of age are engaged in mineral quarries in the provinces of Katanga and East Kasaï. In this respect, the Committee notes that, in her report on the situation of human rights in the Democratic Republic of the Congo in April 2003 (E/CN.4/2003/43, paragraph 59), the United Nations Special Rapporteur noted that military units recruit children and force them to work, especially to extract natural resources. She adds that NGOs in South Kivu informed her of children being recruited by armed groups to work in mines. The Committee refers to its observations under Convention No. 29, in which it noted the Concluding Observations of the Committee on the Rights of the Child of July 2001 (CRC/C/15/Add.153, paragraphs 66 and 67), according to which many children are at work in dangerous work environments, particularly in the Kasai mines and at certain locations in Lubumbashi. The Committee on the Rights of the Child recommended that the Government take measures to enforce legal protection in both the formal and informal work sectors, including in mines and other harmful environments.

The Committee notes that section 3(2)(d) of the Labour Code prohibits child labour in its worst forms, and particularly work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety, dignity or morals of children. Under the terms of section 1 of Ministerial Order No. 68/13 of 17 May 1968 determining the conditions of work of women and children (Order No. 68/13), it is prohibited for any employer to engage children in work in excess of their strength or exposing them to high occupational risks. The Committee also notes that under section 32 of Order No. 68/13, the extraction of minerals, shale, materials and debris from mines, open cast mines and quarries, as well as earthworks, are prohibited for young persons under 18 years of age. The Committee notes that section 326 of the Labour Code establishes penalties for violations of the provisions of section 3(2)(d) respecting hazardous work. Furthermore, it notes that the Democratic Republic of the Congo participates in the certification scheme for the internal control of diamonds established by the Kimberley Process. The Committee observes that although the legislation is in conformity with the Convention on this point, child labour in mines is a problem in practice. The Committee requests the Government to provide information in relation to the allegations made by the Confederation of Trade Unions of the Congo. It also requests the Government to redouble its efforts to ensure the effective application of the legislation for the protection of children against hazardous types of work, and particularly hazardous work in mines.

Article 7, paragraph 1. Penalties. The Committee recalls that, under Article 7, paragraph 1, of the Convention, the Government has to take all necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including the provision and application of penal sanctions. The Committee therefore requests the Government to indicate the penal provisions relating to: the sale or trafficking of children for sexual exploitation; the forced or compulsory recruitment of children for use in armed conflict; the engagement of children in hazardous work in mines. The Committee also requests the Government to provide information on the number and nature of the infringements reported, the investigations undertaken, legal proceedings initiated, convictions and the penalties applied in practice.

Article 7, paragraph 2. Effective and time-bound measures. Clause (b). Removal of children from the worst forms of child labour and their rehabilitation and social integration. 1. Sale and trafficking of children for sexual exploitation. The Committee notes that, in its concluding observations of July 2001 (CRC/C/15/Add.153, paragraph 69), the Committee on the Rights of the Child recommended to the Government that the police force and border officials should receive special training to help in combating the sale, trafficking and sexual exploitation of children, and that programmes be established to provide assistance, including rehabilitation and social integration, to the child victims of sexual exploitation. The Committee requests the Government to provide information on the measures adopted to ensure the rehabilitation and social integration of young persons under 18 years of age who are victims of sale and trafficking for sexual exploitation.

2. Child soldiers. The Committee notes that the Government, through the Ministries of Human Rights and Defence, has adopted, in collaboration with the National Demobilization and Reintegration Bureau (BUNADER), a national programme of disarmament, demobilization and reintegration of ex-combatants (PNDR). It also notes that a National Commission on Disarmament, Demobilization and Reintegration was established in March 2004. Furthermore, the Committee notes that the Government is participating in the ILO/IPEC interregional project on the prevention and reintegration of children involved in armed conflict, which also covers Burundi, Rwanda, Congo, Philippines, Sri Lanka and Colombia. The objectives of the programme are to prevent the recruitment of children in armed conflict, facilitate their removal and ensure their social integration.

The Committee also notes that, in his report of 9 February 2005 on children and armed conflict (A/59/659-S/2005/72, paragraphs 15-22), the Secretary-General of the United Nations indicated that in early 2004 the Transitional Government adopted a national policy and procedural framework for the disarmament, demobilization and reintegration of children in FARDC and all other armed groups. The National Commission on Disarmament, Demobilization and Reintegration has been actively planning the National Programme of Disarmament, Demobilization and Reintegration with the Military Integration Structure (MONUC), the United Nations country team and NGOs. During the reporting period, MONUC, UNICEF and their child protection partners have been collaborating with the National Commission in the ongoing activities to remove children from the armed forces and armed groups. They have also been pursuing dialogue with the military authorities to advocate and plan the separation of children. In order to do so, direct contacts have been made with field commanders, the Ministry of Defence and the FARDC leadership. Since the designation of FARDC regional military commanders in October 2003, some 5,000 children, a small number of them girls, have been released from armed forces and groups. The planning of reintegration projects has also continued. The Secretary-General adds that in Ituri, some progress has been made through dialogue with various armed groups, as well as through collaborative disarmament, demobilization and reintegration planning by the United Nations country team and NGOs. In May 2004, the Forces armées populaires congolaises (FAPC), the Front nationaliste et intégrationniste (FNI), the Parti pour l’Unité et la sauvegarde du Congo (PUSIC), the Union des patriotes congolais (UPC-Thomas Lubanga faction) and the UPC-Floribert Kisembo faction formally undertook to participate in the disarmament and community reintegration programme, which first became operational in early September 2004. As of mid-December, almost 700 children had passed through this programme. An unspecified number of children had been released from these groups prior to the launching of the programme.

The Committee encourages the Government to continue collaborating with the various bodies involved in the disarmament and community integration process with a view to removing children from armed forces and groups. It requests the Governments to provide information on the impact of the ILO/IPEC interregional programme on the prevention and reintegration of children involved in armed conflict and the results achieved. The Committee also requests the Government to provide information on the time-bound measures taken to ensure the rehabilitation and social integration of the children who are in practice withdrawn from armed forces and groups.

Paragraph 3. Competent authority responsible for the implementation of the provisions giving effect to the Convention. The Committee notes the Government’s indication that the Ministry of Labour and Social Insurance, through the Committee to Combat Child Labour, is responsible for the implementation of the provisions giving effect to the Convention. The Government adds that the Committee to Combat Child Labour will formulate a national strategy, monitor its implementation and evaluate the effect given to the measures recommended. However, the Committee notes that in its communication the Confederation of Trade Unions of the Congo states that, although section 4 of the Labour Code provides for the establishment of a Committee to Combat Child Labour, it has never been created. The Committee requests the Government to provide information relating to the allegations of the Confederation of Trade Unions of the Congo. It also requests the Government to provide information on the national strategy formulated by the Committee to Combat Child Labour and to provide a copy when it has been adopted.

Article 8. Enhanced international cooperation and assistance. The Committee notes that the Democratic Republic of the Congo is a member of Interpol, the organization which assists in cooperation between countries in the various regions, in fields such as combating the trafficking of children. It also notes, according to World Bank information, that the Government has been preparing a Poverty Reduction Strategy Paper (PRSP) since 2002, with the development phase of the strategy due to begin in 2005. Recalling that poverty reduction programmes contribute to breaking the vicious circle of poverty, which is essential for the elimination of the worst forms of child labour, the Committee requests the Government to provide information on any significant impact of the PRSP on the elimination of the worst forms of child labour, and particularly on the sale and trafficking of children for sexual exploitation, the forced recruitment of children for use in armed conflict and the performance of hazardous work in mines.

The Committee is also raising other points 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 very near future.

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

The Committee notes the Government’s first report.

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. The Committee notes that section 4 of Act No. 015/2002 of 16 October 2002 issuing the Labour Code (the Labour Code) establishes a national Committee to Combat the Worst Forms of Child Labour. The National Committee has the function of formulating a national strategy for the eradication of the worst forms of child labour and following up its implementation. The Committee notes the Government’s indication that the Ministry of Labour and Social Insurance has formulated a draft ministerial order establishing and organizing the operation of the Committee to Combat the Worst Forms of Child Labour, as envisaged in section 5 of the Labour Code. The Committee requests the Government to provide a copy of the order when it has been adopted.

Article 3. Worst forms of child labour. The Committee notes with interest that the wording of section 3 of the Labour Code is almost the same as that of Article 3 of the Convention and provides that all the worst forms of child labour shall be abolished. The Committee notes that though the Labour Code does not include a definition of the term child, but refers instead to the Family Code. However, section 219 of the Family Code does not provide a definition of the term child, but defines the term minor as an individual of either sex who has not yet reached 18 years of age. The Committee requests the Government to confirm that the term "child" in the Labour Code refers to children under 18 years of age and, if not, the measures it intends taking to ensure that the prohibitions against the worst forms of child labour apply to children under 18 years of age.

Clause (a). All forms of slavery or practices similar to slavery. Debt bondage, serfdom and forced or compulsory labour. The Committee notes that, under the terms of article 18, paragraph 2, of the Transitional Constitution, no one may be held in slavery, servitude or other similar conditions. It also notes that forced labour is prohibited by virtue of section 2(2) of the Labour Code.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee notes that in its initial report to the Committee on the Rights of the Child in August 2000 (CRC/C/3/Add.57, paragraphs 205 and 206), the Government indicates that sexual exploitation, which is a very real phenomenon in the Democratic Republic of the Congo, takes several forms, including prostitution and pornography. The Committee notes that section 3(1) and (2)(b) of the Labour Code provides for the abolition of the worst forms of child labour, including the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances or obscene dances.

With regard to prostitution, the Committee notes that under section 172 of the Penal Code, penalties shall be imposed on any person who has been in violation of morals by stimulating, facilitating or favouring, to satisfy the passions of a third person, the debauchery or corruption of persons of either sex who are aged or apparently aged under 21 years. The Committee also notes that under section 174bis of the Penal Code, penalties shall be imposed on: (1) any person who, to satisfy the passions of a third person, has procured, enticed or deceived, with a view to debauchery or prostitution, even with consent, a person aged or apparently aged over 21 years; (2) any person who has kept a house of debauchery or prostitution; (3) the procurer (the person who lives, in whole or in part, from the earnings of a person whom he or she exploits for prostitution); (4) any person who has habitually exploited in any manner the debauchery or prostitution of another.

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

Article 3(d). Hazardous work. Self-employed workers. The Committee notes that Act No. 015/2002 of 16 October 2002 issuing the Labour Code (the Labour Code) applies to all workers and all employers (section 1(1)). Section 7(a) defines the term worker as "any individual of an age to conclude a contract […] who has undertaken to place their occupational activity, in return for remuneration, under the direction and authority of an individual or association, public or private, in the context of a labour contract". Section 7(b) of the Labour Code defines the term employer as "any individual or association, in public or private law, who makes use of the services of one or more workers by virtue of a labour contract". The Committee notes that, under these provisions, the Labour Code does not apply to young children under 18 years of age who work under arrangements other than labour contracts. They accordingly are not protected from engaging in hazardous types of work. The Committee requests the Government to indicate the manner in which the national legislation provides that such young persons under 18 years of age shall benefit from the protection afforded by Article 3(d) of the Convention, so as to ensure that they are not engaged in work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals.

Article 4, paragraphs 1 and 3. Determination and revision of the list of types of work determined as being hazardous. The Committee notes the Government’s indication that Ministerial Order No. 68/13 of 17 May 1968 determining the conditions of work of women and young persons (Order No. 68/13) remains in force until new measures are taken under the Labour Code of 2002. The Committee notes that section 32 of Order No. 68/13 contains a list of hazardous and unhealthy types of work prohibited for young persons under 18 years of age. It also notes that section 32(13) establishes a general prohibition of all types of work prohibited by the labour inspector on the grounds of their dangerous or unhealthy nature. Furthermore, section 28 of Order No. 68/13 prohibits the assignment of young persons under 18 years of age to the regular transport of loads. Under the terms of section 31, young persons of both sexes under 18 years of age may be engaged in the transport of loads on hand trolleys or similar vehicles. Moreover, section 35 provides that the employment of young persons under 18 years of age is prohibited in bars and other public places where alcoholic beverages are consumed. The Committee notes that this Order was adopted under the Labour Code of 1967. As the new Labour Code was adopted in 2002, the Committee reminds the Government that, under the terms of Article 4, paragraph 3, of the Convention, the list of hazardous types of work determined shall be periodically examined and revised as necessary, in consultation with the organizations of employers and workers concerned. In this respect, the Committee draws the Government’s attention to Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190), which provides that, in determining the types of work referred to under Article 3(d) of the Convention, and in identifying where they exist, consideration should be given, inter alia, to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, underwater, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in an unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels, or vibrations damaging to their health; (e) work under particularly difficult conditions, such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer. The Committee hopes that, when formulating the new measures to be adopted under the Labour Code of 2002, the Government will take into consideration the types of work enumerated in Paragraph 3 of Recommendation No. 190.

Article 4, paragraph 2. Identification of where hazardous types of work exist. The Committee notes the Government’s indication that, under the terms of section 36 of Order No. 68/13, the recruitment of any young workers under 18 years of age shall occasion the establishment by the employer of a list indicating, inter alia, the job in which each worker is employed. A copy of this list, including reference to the certificates of fitness for employment, has to be sent to the labour inspector competent for the geographical area concerned within one week of recruitment. The Government adds that, as a result of the information gathered in this manner, it is easy for the labour inspector to identify where hazardous types of work are being carried out. The Committee requests the Government to indicate whether these lists have made it possible to identify cases of hazardous work and, if so, to provide the results.

Article 5. Mechanisms to monitor the implementation of the provisions giving effect to the Convention. The Committee notes the Government’s indication that the general labour inspection service is responsible for the enforcement of the provisions giving effect to the Convention. It also notes that, under section 187(1) of the Labour Code, the function of the labour inspectorate is to enforce legal provisions respecting conditions of work and the protection of workers in the performance of their work, including provisions respecting the employment of children. Furthermore, section 192 of the Labour Code determines the responsibilities of labour inspectors attached to the general labour inspectorate. The Committee requests the Government to provide information on the working of the labour inspection services, particularly with regard to the worst forms of child labour, including extracts of reports or other documents. It also requests the Government to provide information on the consultations held with employers’ and workers’ organizations, in accordance with the provisions of this Article.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes the Government’s indication that programmes of action to eliminate the worst forms of child labour are currently under preparation. The Committee requests the Government to provide information on the programmes of action as soon as they are adopted. Furthermore, it requests the Government to provide information on the consultations held with relevant public institutions and employers’ and workers’ organizations and other concerned groups.

Article 7, paragraph 1. Penalties. The Committee notes that section 326 of the Labour Code establishes penalties for violations of the provisions of section 2 of the Labour Code respecting forced labour and section 3 on the worst forms of child labour. The Committee notes that the penalties for offences as serious as forced labour, trafficking, use of children for prostitution, pornography and illicit activities, contained in section 326 of the Labour Code, are not sufficiently dissuasive. It urges the Government to take steps to increase the penalties in order to more effectively eliminate the worst forms of child labour. It requests the Government to provide information on the application of these penalties in practice. With regard to prostitution, the Committee requests the Government to provide information on the application in practice of the penalties envisaged in sections 172 and 174bis of the Labour Code, including reports on the number of convictions.

Paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Noting the information provided by the Government, according to which it will be in a position to provide further information to the Office once the Committee to Combat the Worst Forms of Child Labour has finished formulating the national action programmes, the Committee hopes that the Government will be in a position to provide this information in the near future.

Clause (d). Children at special risk. 1. Identification. The Committee notes the information provided by the Government that the members of the Committee to Combat the Worst Forms of Child Labour, in collaboration with employers’ and workers’ organizations and the Ministry of Labour and Social Insurance, will identify children at special risk. The Committee requests the Government to indicate the results achieved in the identification of children at special risk.

2. Street children. The Committee notes that, in its Concluding Observations on the Government’s initial report in July 2001 (CRC/C/15/Add.153, paragraphs 70 and 71), the Committee on the Rights of the Child expressed concern at the high number and difficult situation of children living in or working on the streets. The Committee on the Rights of the Child urged the Government to strengthen its assistance to children living in or working on the streets through, among others, studying the causes and implementing preventive measures, improving the protection of children already in this situation, including through the provision of education and programmes to assist them to leave street life. The Committee considers that children living on the streets are at special risk of the worst forms of child labour. It therefore requests the Government to provide information on the measures adopted or envisaged, particularly with regard to the protection of children living on the streets from the worst forms of child labour, and their rehabilitation and social integration.

3. HIV/AIDS. The Committee notes that, in its Concluding Observations in July 2001 (CRC/C/15/Add.153, paragraphs 52 and 53), the Committee on the Rights of the Child expressed deep concern at the very high number of children affected by HIV/AIDS either through direct infection, including mother-to-child transmission, or following the illness or death of a parent. In this respect, the Committee of Experts notes that, according to the information contained in the Fact Sheet of 2004 on the epidemic prepared by the Joint United Nations Programme on HIV/AIDS (UNAIDS) and the World Health Organization (WHO), there are around 770,000 HIV/AIDS orphans in the Democratic Republic of the Congo. While noting that the Democratic Republic of the Congo is participating in the World Bank HIV/AIDS Programme covering several countries with a view to implementing a national strategic plan to control the epidemic, the Committee of Experts is concerned at the very high number of children affected by HIV/AIDS. The Committee notes that HIV/AIDS has consequences for orphans, who are at increased risk of being engaged in the worst forms of child labour. With reference to the recommendations made by the Committee on the Rights of the Child in July 2001, the Committee requests the Government to make every effort to reduce the incidence of HIV/AIDS by preventing its transmission within the population, and to provide information on the specific time-bound measures taken to improve the situation of these children.

Clause (e). Special situation of girls. The Committee notes that, in its Concluding Observations in July 2001 (CRC/C/15/Add.153, paragraphs 60 and 61), the Committee on the Rights of the Child expressed concern at the low rate of school enrolment of girls, their high drop-out rate and also the high female illiteracy rate, especially in rural areas. The Committee on the Rights of the Child recommended the Government to strengthen its efforts to improve the access of girls to education, including by establishing specific programmes to reduce female illiteracy and information campaigns promoting this right. The Committee of Experts notes the information provided by the Government to the effect that special attention will be accorded to the situation of girls when formulating the various programmes to combat the worst forms of child labour. Considering that education contributes to eliminating many of the worst forms of child labour, the Committee hopes that the Government will take the necessary measures to improve the education system, ensure that children attend school regularly and reduce school drop-out rates, especially among girls.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes that no statistical data on the number of child victims of the worst forms of child labour appear to be available for the Democratic Republic of the Congo. It therefore hopes that the Government will be in a position to provide statistics and information with its next report on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of the infringements reported, the investigations undertaken, prosecutions, convictions and the penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex.

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

The Committee notes the Government’s first report, as well as the information transmitted by the Confederation of Trade Unions of the Congo, dated 11 May 2005, and supported by the World Confederation of Labour (WCL). Referring to the comments made by the Committee under the Forced Labour Convention, 1930 (No. 29), concerning the sale and trafficking of children for the purposes of sexual exploitation, and particularly prostitution and pornography, the recruitment of child soldiers and work by children in mines (particularly in Kasaï and certain sectors of Lubumbashi), and as the Worst Forms of Child Labour Convention, 1999 (No. 182), deals with these worst forms of labour, the Committee considers that they may be examined more specifically in the context of this Convention. It requests the Government to provide information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (a). 1.  Sale and trafficking of children for sexual exploitation. With reference to its observations under Convention No. 29, the Committee notes that in its initial report to the Committee on the Rights of the Child in August 2000 (CRC/C/3/Add.57, paragraphs 68, 205 and 206), the Government indicated that phenomena such as the trafficking and sale of children for their sexual and commercial exploitation are increasingly widespread in the Democratic Republic of the Congo. Nevertheless, there is no in-depth study or statistics on the subject. The Government also indicated that the causes are mainly of an economic nature, but also of a social, family, political-legal and cultural nature. The Committee further notes that, in its concluding observations, of July 2001 (CRC/C/15/Add.153, paragraphs 68 and 69), the Committee on the Rights of the Child expressed concern at the information on the trading, trafficking, kidnapping and use for pornography of young girls and boys within the territory of the country, or from the Democratic Republic of the Congo to another country, and that it considered it to be of great concern that domestic legislation does not sufficiently protect children from trafficking. The Committee on the Rights of the Child strongly recommended that the Government take urgent measures to end the sale, trafficking and sexual exploitation of children through, among others, the adoption and implementation of appropriate legislation and the use of the criminal justice process to sanction those persons responsible for such practices.

The Committee notes that the Government ratified the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography in November 2001. It also notes that section 67 of the Penal Code prohibits the forceful abduction, restraint or detention of any person. Section 68 prohibits the abduction, restraint or detention of any person for the purpose of sale as slaves or the use of persons placed under their authority for that purpose. As indicated by the Government to the Committee on the Rights of the Child, the provisions of the Penal Code to suppress the sale and trafficking of children for sexual exploitation are not appropriate in view of the extent of the phenomenon. The Committee therefore requests the Government to take the necessary measures, as a matter of urgency, to prohibit in national legislation the sale and trafficking of children under 18 years of age for the purposes of sexual exploitation and to adopt appropriate penalties for contraventions of the prohibition.

2. Forced recruitment of children for use in armed conflict. With reference to its observations under Convention No. 29, the Committee notes that, in her report on the situation of human rights in the Democratic Republic of the Congo in April 2003 (E/CN.4/2003/43, paragraphs 33-36), the United Nations Special Rapporteur indicated that the phenomenon of child soldiers continues to be very disturbing. There is very little demobilization and mass recruitment taking place in the east of the country; according to UNICEF and the NGOs, there are more than 30,000 child soldiers in the Democratic Republic of the Congo. In Uvira, in South Kivu, all the armed groups in the region (RCD/Goma, Maï-Maï, Banyamulenge) continue to recruit children. Children aged under 15 make up a large proportion of the Maï-Maï, the Congolese National Army (ANC) and the Congolese Patriotic Union (UPC). The UPC has on several occasions ordered local communities to "supply children" for the war effort. According to the information transmitted to the Special Rapporteur, many child soldiers are abducted from their families by the various armed groups. They include young girls, who are frequently used as sex slaves for the soldiers. Many of the children are sent to the front.

The Committee also notes that, according to the report of the Secretary-General of the United Nations on children and armed conflict of 9 February 2005 (A/59/695-S/2005/72, paragraphs 15-22), since the establishment of the Transitional Government in the Democratic Republic of the Congo, the Forces armées congolaises (FAC, the armed forces of the former Government), the Mouvement de libération du Congo (MLC), the Rassemblement congolais pour la démocratie-Goma (RCD-Goma), the Rassemblement congolais pour la démocratie-Kisangani/Mouvement de libération (RCD-K/ML), the Rassemblement congolais pour la démocratie-National (RCD-N) and the main Maï-Maï groups represented at the inter-Congolese dialogue have been integrated into the new national army, the Forces armées de la République démocratique du Congo (FARDC). According to the Secretary-General, while this is a positive step, the various military units have yet to be fully integrated. In many cases, the units are only nominally FARDC, and some of them continue to use children. Since the designation of FARDC regional military commanders in October 2003, some 5,000 children, a small number of them girls, have been released from armed forces and groups. The Secretary-General however indicates that, despite some advances, thousands of children remain in the armed forces and armed groups in the Democratic Republic of the Congo, and recruitment, although not systematic, has continued. Although reiterating its commitment to separate all children from the FARDC, the état-major has not yet provided adequate information about the presence of children in its numerous brigades. While some regional and local commanders have released children, no mass release of children has yet taken place.

The Committee notes that the Democratic Republic of the Congo ratified the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict in November 2001. It also notes that Article 184 of the Transitional Constitution provides that no one shall be recruited into the armed forces of the Democratic Republic of the Congo nor take part in a war or hostilities unless he has reached the age of 18 years at the time of recruitment. Furthermore, the Committee notes that the Government has adopted Legislative Decree No. 066 of 9 June 2000 to demobilize and reintegrate vulnerable groups present in the fighting forces (Legislative Decree No. 066). Under the terms of section 1 of Legislative Decree No. 066, an order has been issued to demobilize the vulnerable groups in the Congolese armed forces or other armed groups operating in the Democratic Republic of the Congo and to provide for their socio-economic integration and their integration into their families. Under section 2, the term "vulnerable groups" includes child soldiers, girls or boys aged under 18 years, which constitute a specific group requiring urgent humanitarian intervention.

Despite the action taken by the Government in this field, the Committee expresses particular concern at the current situation of children who are still recruited for armed conflict in the Democratic Republic of the Congo. In this respect, the Committee refers to the United Nations Security Council which, in resolution No. 1493, adopted on 28 July 2003, indicates that it "strongly condemns the continued recruitment and use of children in the hostilities in the Democratic Republic of the Congo, especially in North and South Kivu and in Ituri". With reference to the United Nations Human Rights Commission, which in resolution No. 84, adopted on the 22 April 2004, "urges all the parties (…) to put an end to the recruitment and use of child soldiers, contrary to international law (...)", the Committee requests the Government to provide information on the measures taken to ensure compliance with the legislation applicable in respect of the forced and compulsory recruitment of children for use in armed conflict. It also requests the Government to redouble its efforts to improve the situation. Furthermore, the Committee requests the Government to take measures as a matter of urgency to ensure that young persons under 18 years of age are not forced to take part in armed conflict either in the national armed forces or in rebel groups, and to provide information on any further measures adopted or envisaged for this purpose. The Committee also requests the Government to provide a copy of Legislative Decree No. 066 of 9 June 2000 on the demobilization and reintegration of vulnerable groups present in the fighting forces.

Clause (d). Hazardous work. Mines. In its communication, the Confederation of Trade Unions of the Congo indicates that young persons under 18 years of age are engaged in mineral quarries in the provinces of Katanga and East Kasaï. In this respect, the Committee notes that, in her report on the situation of human rights in the Democratic Republic of the Congo in April 2003 (E/CN.4/2003/43, paragraph 59), the United Nations Special Rapporteur noted that military units recruit children and force them to work, especially to extract natural resources. She adds that NGOs in South Kivu informed her of children being recruited by armed groups to work in mines. The Committee refers to its observations under Convention No. 29, in which it noted the Concluding Observations of the Committee on the Rights of the Child of July 2001 (CRC/C/15/Add.153, paragraphs 66 and 67), according to which many children are at work in dangerous work environments, particularly in the Kasai mines and at certain locations in Lubumbashi. The Committee on the Rights of the Child recommended that the Government take measures to enforce legal protection in both the formal and informal work sectors, including in mines and other harmful environments.

The Committee notes that section 3(2)(d) of the Labour Code prohibits child labour in its worst forms, and particularly work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety, dignity or morals of children. Under the terms of section 1 of Ministerial Order No. 68/13 of 17 May 1968 determining the conditions of work of women and children (Order No. 68/13), it is prohibited for any employer to engage children in work in excess of their strength or exposing them to high occupational risks. The Committee also notes that under section 32 of Order No. 68/13, the extraction of minerals, shale, materials and debris from mines, open cast mines and quarries, as well as earthworks, are prohibited for young persons under 18 years of age. The Committee notes that section 326 of the Labour Code establishes penalties for violations of the provisions of section 3(2)(d) respecting hazardous work. Furthermore, it notes that the Democratic Republic of the Congo participates in the certification scheme for the internal control of diamonds established by the Kimberley Process. The Committee observes that although the legislation is in conformity with the Convention on this point, child labour in mines is a problem in practice. The Committee requests the Government to provide information in relation to the allegations made by the Confederation of Trade Unions of the Congo. It also requests the Government to redouble its efforts to ensure the effective application of the legislation for the protection of children against hazardous types of work, and particularly hazardous work in mines.

Article 7, paragraph 1. Penalties. The Committee recalls that, under Article 7, paragraph 1, of the Convention, the Government has to take all necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including the provision and application of penal sanctions. The Committee therefore requests the Government to indicate the penal provisions relating to: the sale or trafficking of children for sexual exploitation; the forced or compulsory recruitment of children for use in armed conflict; the engagement of children in hazardous work in mines. The Committee also requests the Government to provide information on the number and nature of the infringements reported, the investigations undertaken, legal proceedings initiated, convictions and the penalties applied in practice.

Article 7, paragraph 2. Effective and time-bound measures. Clause (b). Removal of children from the worst forms of child labour and their rehabilitation and social integration. 1. Sale and trafficking of children for sexual exploitation. The Committee notes that, in its concluding observations of July 2001 (CRC/C/15/Add.153, paragraph 69), the Committee on the Rights of the Child recommended to the Government that the police force and border officials should receive special training to help in combating the sale, trafficking and sexual exploitation of children, and that programmes be established to provide assistance, including rehabilitation and social integration, to the child victims of sexual exploitation. The Committee requests the Government to provide information on the measures adopted to ensure the rehabilitation and social integration of young persons under 18 years of age who are victims of sale and trafficking for sexual exploitation.

2. Child soldiers. The Committee notes that the Government, through the Ministries of Human Rights and Defence, has adopted, in collaboration with the National Demobilization and Reintegration Bureau (BUNADER), a national programme of disarmament, demobilization and reintegration of ex-combatants (PNDR). It also notes that a National Commission on Disarmament, Demobilization and Reintegration was established in March 2004. Furthermore, the Committee notes that the Government is participating in the ILO/IPEC interregional project on the prevention and reintegration of children involved in armed conflict, which also covers Burundi, Rwanda, Congo, Philippines, Sri Lanka and Colombia. The objectives of the programme are to prevent the recruitment of children in armed conflict, facilitate their removal and ensure their social integration.

The Committee also notes that, in his report of 9 February 2005 on children and armed conflict (A/59/659-S/2005/72, paragraphs 15-22), the Secretary-General of the United Nations indicated that in early 2004 the Transitional Government adopted a national policy and procedural framework for the disarmament, demobilization and reintegration of children in FARDC and all other armed groups. The National Commission on Disarmament, Demobilization and Reintegration has been actively planning the National Programme of Disarmament, Demobilization and Reintegration with the Military Integration Structure (MONUC), the United Nations country team and NGOs. During the reporting period, MONUC, UNICEF and their child protection partners have been collaborating with the National Commission in the ongoing activities to remove children from the armed forces and armed groups. They have also been pursuing dialogue with the military authorities to advocate and plan the separation of children. In order to do so, direct contacts have been made with field commanders, the Ministry of Defence and the FARDC leadership. Since the designation of FARDC regional military commanders in October 2003, some 5,000 children, a small number of them girls, have been released from armed forces and groups. The planning of reintegration projects has also continued. The Secretary-General adds that in Ituri, some progress has been made through dialogue with various armed groups, as well as through collaborative disarmament, demobilization and reintegration planning by the United Nations country team and NGOs. In May 2004, the Forces armées populaires congolaises (FAPC), the Front nationaliste et intégrationniste (FNI), the Parti pour l’Unité et la sauvegarde du Congo (PUSIC), the Union des patriotes congolais (UPC-Thomas Lubanga faction) and the UPC-Floribert Kisembo faction formally undertook to participate in the disarmament and community reintegration programme, which first became operational in early September 2004. As of mid-December, almost 700 children had passed through this programme. An unspecified number of children had been released from these groups prior to the launching of the programme.

The Committee encourages the Government to continue collaborating with the various bodies involved in the disarmament and community integration process with a view to removing children from armed forces and groups. It requests the Governments to provide information on the impact of the ILO/IPEC interregional programme on the prevention and reintegration of children involved in armed conflict and the results achieved. The Committee also requests the Government to provide information on the time-bound measures taken to ensure the rehabilitation and social integration of the children who are in practice withdrawn from armed forces and groups.

Paragraph 3. Competent authority responsible for the implementation of the provisions giving effect to the Convention. The Committee notes the Government’s indication that the Ministry of Labour and Social Insurance, through the Committee to Combat Child Labour, is responsible for the implementation of the provisions giving effect to the Convention. The Government adds that the Committee to Combat Child Labour will formulate a national strategy, monitor its implementation and evaluate the effect given to the measures recommended. However, the Committee notes that in its communication the Confederation of Trade Unions of the Congo states that, although section 4 of the Labour Code provides for the establishment of a Committee to Combat Child Labour, it has never been created. The Committee requests the Government to provide information relating to the allegations of the Confederation of Trade Unions of the Congo. It also requests the Government to provide information on the national strategy formulated by the Committee to Combat Child Labour and to provide a copy when it has been adopted.

Article 8. Enhanced international cooperation and assistance. The Committee notes that the Democratic Republic of the Congo is a member of Interpol, the organization which assists in cooperation between countries in the various regions, in fields such as combating the trafficking of children. It also notes, according to World Bank information, that the Government has been preparing a Poverty Reduction Strategy Paper (PSRP) since 2002, with the development phase of the strategy due to begin in 2005. Recalling that poverty reduction programmes contribute to breaking the vicious circle of poverty, which is essential for the elimination of the worst forms of child labour, the Committee requests the Government to provide information on any significant impact of the PRSP on the elimination of the worst forms of child labour, and particularly on the sale and trafficking of children for sexual exploitation, the forced recruitment of children for use in armed conflict and the performance of hazardous work in mines.

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