Observation (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Algérie (Ratification: 2001)

Articles 3 and 7(1) of the Convention. Worst forms of child labour and sanctions applied. Clause (a). Sale and trafficking of children. In its previous comments, the Committee noted that sections 343 and 344 of the Penal Code prohibit the trafficking of persons, including children under 18 years of age, for the purposes of prostitution. The Committee requested the Government to take the necessary measures to improve the protection of young persons under 18 years of age against trafficking, for both economic and sexual exploitation.

The Committee notes with satisfaction that section 303bis(4) of Act No. 09 01 of 25 February 2009 amending and supplementing Ordinance No. 66 156 of 8 June 1966 issuing the Penal Code provides that the following shall be considered as trafficking of persons: “the procuring, transport, transfer, hosting or reception of one or more persons, under the threat of or use of force or other forms of constraint, abduction, fraud, deceit, abuse of authority or of a situation of vulnerability, or the offer or acceptance of payment or benefits, in order to obtain the consent of a person exercising authority over another for the purposes of exploitation. Exploitation shall include exploitation of the prostitution of another person, through begging, forced labour or services, slavery or similar practices, servitude or the removal of organs. [...] Where trafficking is exercised in respect of a person whose situation of vulnerability is a result of her or his age [...], the sentence shall be imprisonment of from five to 15 years and a fine of from DZD500,000 to DZD1,500,000.” Furthermore, section 303bis(5) provides that trafficking of persons shall be punished with a sentence of imprisonment of from ten to 20 years and a fine of from DZD1 million to DZD2 million where the offence is committed under certain specific circumstances, including in cases where the perpetrator “exercises authority over the victim”. The Committee requests the Government to provide information on the application in practice of sections 303bis(4) and 303bis(5) of Act No. 09-01, including the number of prosecutions, convictions and the sanctions imposed.

Clause (b). Use, procuring or offering of a child for prostitution. In its previous comments, the Committee noted that the Committee on the Rights of the Child, in its concluding observations of October 2005 (CRC/C/15/Add.269, paragraph 78), noted with deep concern that child prostitution is on the increase in the country, and that not only girls but also boys who are working as traders, messengers or domestic servants are particularly at risk of sexual exploitation. The Committee noted that sections 342 and 343 of the Penal Code prohibit and punish the procuring or offering of persons, particularly children, for prostitution. It requested the Government to provide information on the effect given to these provisions in practice. The Committee notes with regret that the Government’s report once again does not contain any information on this subject. The Committee therefore once again requests the Government to take the necessary measures to ensure that in-depth investigations and effective prosecutions are conducted of persons who engage in the sexual exploitation of children under 18 years of age for commercial purposes. It also urges the Government to provide information in its next report on the effect given in practice to sections 342 and 343 of the Penal Code including, for example, statistics on the number and nature of the infringements reported, investigations conducted, prosecutions, convictions and the penal sanctions applied. To the extent possible, the information provided should be disaggregated by sex and age.

Clauses (b) and (c). Use, procuring or offering of a child for the production of pornography or for pornographic performances and the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. In its previous comments, the Committee observed that no legislative provision prohibits these worst forms of child labour and it requested the Government to indicate the measures taken to resolve this matter. The Committee notes with regret that the Government’s report does not contain any further information on this subject. The Committee reminds the Government that, under the terms of Article 3(b) and (c) of the Convention, the use, procuring or offering of a child for the production of pornography or for pornographic performances, as well as for illicit activities, in particular for the production and trafficking of drugs, constitute worst forms of child labour. Furthermore, under the terms of Article 1, immediate and effective measures shall be taken to secure the prohibition of these worst forms of child labour. The Committee therefore urges the Government to take the necessary measures as a matter of urgency to ensure, in law and practice, the prohibition of the use, procuring or offering of a child under the age of 18 years for the production of pornography or for pornographic performances, as well as for illicit activities, in particular for the production and trafficking of drugs, and to provide for sufficiently effective and dissuasive sanctions. It requests the Government to provide information in its next report on the progress achieved in this respect.

Clause (d). Hazardous work. Children working on their own account. In its previous comments, the Committee observed that Act No. 90/11 respecting conditions of work of 21 April 1990 applies to individual and collective employment relations, but does not cover to children working on their own account. The Committee notes with regret that once again the Government’s report is silent on the issue of children working on their own account and performing hazardous work types for work. With reference to its comments under the Minimum Age Convention, 1973 (No. 138), the Committee urges the Government to take the necessary measures to ensure the protection of children working on their own account and engaged in hazardous types of work, for example by reinforcing and adapting the labour inspection services so as to ensure that such children are covered by the protection afforded by the Convention. It requests the Government to provide information on the progress achieved in this respect in its next report.

Article 4(1). Determination of hazardous work. In its previous comments, the Committee noted the Government’s indication that the issue of determining hazardous types of work had been taken into account in the context of the new Labour Code that was being prepared. It noted that a list of prohibited types of work was to be set out by regulation. The Committee notes with regret that the Government’s report does not contain any further information on this subject. It reminds the Government that under the terms of Article 4(1) of the Convention, hazardous types of work shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, and that under Article 1 immediate and effective measures shall be taken as a matter of urgency to secure the prohibition of these worst forms of child labour. With reference to its comments under Convention No. 138, the Committee urges the Government to take the necessary measures for the adoption of legislation on the types of hazardous work that are prohibited for children, as a matter of urgency. It urges the Government to provide information in its next report on any progress achieved in this respect.

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