Solicitud directa (CEACR) - Adopción: 2005, Publicación: 95ª reunión CIT (2006)

Convenio sobre las peores formas de trabajo infantil, 1999 (núm. 182) - Congo (Ratificación : 2002)

The Committee notes the Government’s first report.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Debt bondage, serfdom and forced or compulsory labour. The Committee notes that, under article 26, paragraph 1, of the Constitution, no one is to be submitted to forced labour, except in the case of a jail sentence handed down by a legally established tribunal. It also notes that, under paragraph 2 of article 26, no one is to be submitted to slavery. Moreover, article 4, paragraph 1, of Act No. 45-75 of 15 March 1975 establishing the Labour Code (the "Labour Code") provides that forced or compulsory labour is prohibited. According to article 4, paragraph 2, the term "forced labour" refers to any work or service exacted under the threat of a penalty or against the will of the individual.

2. Forced recruitment of children for use in armed conflict. The Committee notes that, under article 2 of Act No. 16 of 27 August 1981 establishing compulsory national service in the Republic of Congo (hereafter referred to as "Act No. 16"), national service is compulsory for every citizen aged from 18 to 35 years of age. The Committee also notes that, under article 10 of Act No. 16, breaches of article 1 are defined, prosecuted and curbed in accordance with the provisions of the Military Justice Code.

The Committee notes that the Human Rights Committee, in its concluding observations on the second periodic report of the Congo in March 2000 (CCPR/C/79/Add.118, paragraph 19), expressed its deep concern at the enlistment of children in armed groups and militias. The Human Rights Committee called on the Government to redouble its efforts to adopt measures to afford these children the protection required by their status as minors, in accordance with article 24 of the Covenant. The Committee requests that the Government provide information on the measures taken to enforce applicable legislation concerning the forced or compulsory recruitment of children in armed conflicts. It also requests that the Government take urgent steps to ensure that children under 18 years of age are not forced to participate in armed conflict, either in the national armed forces or in rebel groups, and asks it to provide information on any new measures taken or envisaged in this regard. The Committee also requests that the Government supply information on sanctions allowing for the prosecution of individuals involved in the forced or compulsory recruitment of children for use in armed conflict, as provided for in article 10 of Act No. 16, and particularly on the effective application of these sanctions.

Clause (b). 1. Use, procuring or offering of a child for illicit activities. The Committee notes that, under article 334 of the Penal Code, a person is considered to be a procurer, and punished, if the person: (1) in any way knowingly aids, assists or encourages the prostitution of others or soliciting with a view to prostitution; (4) recruits, trains, or keeps a person, even if that person is of age and has consented to prostitution, or leads that person into prostitution or debauchery; and (5) acts as an intermediary, in any way, between those who engage in prostitution or debauchery and individuals who exploit or remunerate the prostitution or debauchery of others. The Committee requests that the Government indicate whether domestic legislation includes provisions penalizing the client.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes the information communicated by the Government in which it is indicated that no legal or regulatory provision gives effect to this provision of the Convention. The Committee reminds the Government that, pursuant to Article 1 of the Convention, it is obliged to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. It therefore requests that the Government indicate the measures taken or envisaged to prohibit, in accordance with Article 3(b) of the Convention, the use, procuring or offering of a child under 18 years of age for the production of pornography or for pornographic performances. The Committee also requests that the Government adopt penalties for this purpose.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee notes the information provided by the Government in which it is indicated that no legal or regulatory provision makes provision for the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs, as defined in the relevant international treaties. The Committee reminds the Government that, pursuant to Article 1 of the Convention, it is obliged to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee requests that the Government indicate the measures taken or envisaged to prohibit the use, procuring or offering of a child for illicit activities, in accordance with Article 3(c) of the Convention. The Committee also requests that the Government adopt sanctions for this purpose.

Article 3(d). Hazardous work. Independent workers. The Committee notes that, under article 2 of the Labour Code, a worker is any person who has agreed to carry out a professional activity, for remuneration, under the direction and authority of another natural or legal, public or private person. The Committee notes that under these provisions the Labour Code does not apply to children under 18 years of age who do not have the kind of contractual relationship contemplated in article 2 but who carry out hazardous work. The Committee requests that the Government indicate the manner in which domestic legislation ensures that children under 18 years of age benefit from the protection provided for in Article 3(d) of the Convention, i.e. that they are not employed to carry out 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 the types of hazardous work determined. The Committee notes that article 4 of Decree No. 2224 of 24 October 1953, establishing work dispensations for young workers, the nature of the work and the types of enterprise prohibited for young people and the age limit for that prohibition (Decree No. 2224) prohibits the employment of young workers under 18 years of age in hazardous work. The Committee also notes that this same provision includes a list of types of hazardous work. Moreover, under article 8 of Decree No. 2224, the minimum employment age is 18 for work as a trimmer or stoker on a ship, as well as for all work carried out in hazardous or insalubrious conditions or requiring a lot of physical strength or attention.

The Committee notes that Decree No. 2224 was adopted in 1953, more than 50 years ago. It reminds the Government that, under the terms of Article 4, paragraph 3, of the Convention, the list of the types of hazardous work determined must be periodically examined and revised as necessary, in consultation with the organizations of employers and workers concerned. In this regard, 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, under water, 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; and (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 the Government, when carrying out a possible review of the types of hazardous work prohibited for children under 18 years of age, will take into consideration the activities listed in Paragraph 3 of Recommendation No. 190. The Committee also requests that the Government submit information on consultations with employers’ and workers’ organizations.

Article 4, paragraph 2. Identification of the places where the types of hazardous work exist. In its report, the Government indicates that there is no descriptive list or list of specific measures for identifying where the types of hazardous work exist. However, under article 117 of the Labour Code, the labour inspector may insist that an approved doctor examine children in order to verify whether the work they are carrying out exceeds their capabilities. According to the Government, employers’ and workers’ organizations have not been consulted as no irregularity has been noted. While noting the information provided by the Government, the Committee reminds it that under Article 4, paragraph 2, of the Convention the competent authority, after consultation with the organizations of employers and workers concerned, are to identify where the types of hazardous work determined exist. The Committee therefore requests that the Government take the necessary measures to give effect to this aspect of the Convention.

Article 5. Mechanisms to monitor the implementation of the provisions of the Convention. The Committee notes the information provided by the Government in which it is indicated that the inspector of labour and social legislation, as part of his duties, is responsible for monitoring the implementation of the provisions of the Convention. The Committee also notes that articles 151 to 161 of the Labour Code establish the responsibilities of the inspectorate of labour and social legislation. The Committee requests that the Government submit information on how the inspectorate of labour and social legislation operates, particularly in regard to the worst forms of child labour, for instance in the form of extracts of reports or other documents. Insofar as Article 3(a) to (c) of the Convention concerns crimes of a penal nature, the Committee also requests that the Government indicate whether mechanisms for supplementary monitoring in the inspectorate of labour and social legislation have been put in place to monitor the implementation of these provisions of the Convention.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes the information submitted by the Government according to which no programme of action has yet been designed nor any consultations held. The Committee reminds the Government that, under the terms of Article 6 of the Convention, each Member that has ratified the Convention is to design and implement programmes of action to eliminate as a priority the worst forms of child labour. Such programmes of action are to be designed and implemented in consultation with relevant government institutions and employers’ and workers’ organizations, taking into consideration the views of other concerned groups as appropriate. The Committee therefore requests that the Government provide information on the programmes of action designed and implemented to eliminate as a priority the worst forms of child labour. It also requests that the Government communicate information on the consultations held in this regard.

Article 7, paragraph 1. Penalties. The Committee notes that article 257 of the Labour Code provides for sanctions in the event of a breach of article 4 on forced labour. It also notes that article 334 of the Penal Code provides for sanctions for the crime of procuring. Furthermore, it notes that articles 252 and 254 provide for sanctions in the event of the breach of the decrees regulating the prohibition against employing children under 18 years of age to carry out hazardous work. The Committee requests that the Government provide information on the application of these penalties in practice.

Paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. The Committee notes that, since September 2004, the World Bank has been working with the Government on a basic education project. According to World Bank information, the project will above all enable children from 14 to 18 years of age to receive an education and training. Since 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 dropout rates.

Clause (b). Removal of children from the worst forms of child labour and their rehabilitation and social integration. The Committee notes that the Government is participating in the ILO/IPEC Subregional Project on the Prevention and Reintegration of Children Involved in Armed Conflict, together with Burundi, Rwanda, Democratic Republic of the Congo, Philippines, Sri Lanka and Colombia. The aim of the programme is to prevent the recruitment of children for use in armed conflict, to facilitate their withdrawal and to ensure their social integration. In this regard, the Committee notes the creation of the High Commission for the Re-insertion of Ex-Combatants (HCREC) - a body responsible for managing the process of demobilization and reintegration. The Committee also notes that the Government, in conjunction with the World Bank and the Multi-Country Demobilization and Reintegration Programme (BM/MDRP), is preparing a new project within the framework of the National Programme for the Disarmament, Demobilization and Reintegration (DDR) of Ex-Combatants. Furthermore, the Committee notes that the Human Rights Committee, in its concluding observations on the second periodic report of the Congo in March 2000 (CCPR/C/79/Add.118, paragraph 19), expressed its concern at the increase in the number of at-risk children due, inter alia, to civil wars. The Human Rights Committee called on the Government to redouble its efforts to take care of these children, assist them and ensure them adequate development.

The Committee encourages the Government to continue cooperating with the various authorities involved in the process of disarmament, demobilization and reintegration so as to ensure the removal of children from armed forces and groups. It requests that the Government provide information on the impact of the ILO/IPEC Subregional Project on the Prevention and Reintegration of Children Involved in Armed Conflict and on the results achieved. The Committee also requests that the Government submit information on the time-bound measures taken to ensure the rehabilitation and social integration of children removed from armed forces or groups.

Clause (d). Children at special risk. HIV/AIDS. The Committee notes that the Committee on Economic, Social and Cultural Rights, in its concluding observations on the report of the Congo (E/C.12/1/Add.45, paragraphs 21 and 28) in May 2000, expressed its grave concern regarding the decline in the standard of health in the country. The AIDS epidemic is taking a heavy toll, while the ongoing financial crisis has resulted in a serious shortage of funds for public health services, and for improving the water and sanitation infrastructure in urban areas. The Committee on Economic, Social and Cultural Rights urged the Government to pay immediate attention to and take action with respect to the grave health situation in its territory, with a view to restoring basic health services and preventing and combating HIV/AIDS and other communicable diseases such as cholera and diarrhoea. The Committee on Economic, Social and Cultural Rights also encouraged the Government to work closely with the WHO and UNAIDS in its efforts to cope with these problems. The Committee also notes that, according to the information in the 2004 UNAIDS/WHO Epidemiological Fact Sheet, there are approximately 97,000 HIV/AIDS orphans in the Congo. The Committee observes that HIV/AIDS has consequences for orphans for whom the risk of becoming engaged in the worst forms of child labour is heightened. The Committee urges the Government to spare no effort to reduce the incidence of HIV/AIDS by preventing its transmission within the population and requests that it provide information on the specific time-bound measures taken to improve the situation of young HIV/AIDS orphans.

Clause (e). Special situation of girls. The Committee notes that, according to the information available to the Office, the ILO/IPEC Subregional Project on the Prevention and Reintegration of Children Involved in Armed Conflict will be integrated into the framework of the new project of the National Programme for the Disarmament, Demobilization and Reintegration (DDR) of Ex-Combatants and that the special situation of girls will also be taken into account within that framework. The Committee requests that the Government provide information on the new project of the National Programme for the Disarmament, Demobilization and Reintegration (DDR) of Ex-Combatants, covering the period since it was first implemented, in particular with regard to the protection of girls against the worst forms of child labour.

Article 8. Enhanced international cooperation and assistance. The Committee notes that the Congo is a member of Interpol - an organization that assists cooperation between countries of different regions, particularly in the fight against child trafficking. It also notes that, according to information from the World Bank, the Government is preparing a Poverty Reduction Strategy Paper (PRSP). Noting that poverty reduction programmes help to break the circle of poverty, which is vital in order to eliminate the worst forms of child labour, the Committee requests that the Government submit information on any notable impact that the PRSP has had on the elimination of the worst forms of child labour, particularly in regard to the prevention and reintegration of child soldiers.

Parts IV and V of the report form. Application of the Convention in practice. The Committee observes that no statistics appear to be available for the Congo on the number of child victims of the worst forms of child labour. It therefore hopes that the Government will be able to provide, in its next report, statistics and information 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 infringements reported, the investigations carried out, legal proceedings, convictions and the penal sanctions applied. Insofar as is possible, all information provided should be disaggregated by sex.