Submitted by crinadmin on
Summary: This report summarises individual observations and direct requests issued by the ILO Committee of Experts related to child labour conventions. To view the full reports, go to the ILOLEX database (http://www.ilo.org/ilolex/english/) and click on ‘display all documents related to a specific country’.
Scroll to: _____________________________________________________________________ CEACR: Individual Observation concerning Worst Forms of Child Labour Convention, 1999 (No. 182) Democratic Republic of the Congo (ratification: 2001) Published: 2011 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. Under section 174(j) of Act No. 06/018, which amends and supplements the decree issuing the Congolese Penal Code, 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 10 to 20 years. Furthermore, under Act No. 9/001 regarding the protection of children, a penalty of 10 to 20 years shall be levied against anyone found guilty of being involved in the sale and trafficking of children (section 162), and for the sexual slavery of a child (section 183). However, as the ILO Committee notes, according to the Committee on the Rights of the Child's concluding observations (CRC/C/COD/CO/2, paragraph 10), there is reason to be concerned that the enacted laws are not always followed as law enforcement mechanisms are weak. Furthermore, according to the Committee on the Application of Standards, although the law prohibits the trafficking of children for labour or sexual exploitation, enforcement remains a serious area of concern. As a result, the ILO Committee has called on the Government to take immediate and effective measures to eliminate the trafficking of children under 18 in practice. 2. Forced recruitment of children for use in armed conflict. Although the Committee is aware of the progress achieved in the suppression of the enrollment of children for combat purposes, the persistence of combat in some areas is increasing the risk of enrollment. According to the Government's report, this is occurring in Ituri and in the two Kivu provinces, where recent cases of child abduction have been reported. Furthermore, based on United Nations Secretary-General 2011 report on children and armed conflict in the DRC from 2008-2009, 1 593 instances of child recruitment (1 519 boys and 74 girls) were reported. The Armed Forces of the Democratic Republic of the Congo (FARDC) appear to have the largest number of children in their ranks. Evidence of this can be found in Secretary-General's report, which states that 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 Organisation Mission in the Democratic Republic of the Congo (MONUC), principally in the eastern region. The report further 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. Accordingly, the number of children present in the ranks of the FARDC is reported to have substantially increased 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 indicates that the province of North Kivu had the majority of cases reported in 2009 (82 per cent). Consequently, the Committee is aware 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). Article 3(d). Hazardous work. Mines. As the ILO Committee mentions according to information provided by the Confederation of Trade Unions of the Congo young persons under 18 years of age are employed in mineral quarries in the provinces of Katanga and East Kasai. The Committee has stated in previous reports 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. Consequently, the Committee is alarmed at the fact 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 requests 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. 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. The Committee notes that the operational framework for children associated with armed forces and groups envisaged by the National Programme for Disarmament, Demobilisation and Reintegration had been launched in May 2004. Since then, 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. The Committee however notes that the issue of registering girls and removing them from the armed forces is a sensitive matter, requiring special attention. 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. Moreover, programs 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 program. As a result, many children are at risk of being re-enlisted in the armed forces or groups. With regard to measures for psychological rehabilitation, the Government has acknowledged in the past that the transitional support structures are deficient. In its observation the Committee states 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. The highest number of children released were 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 programs. However, the Committee is concerned, as according to the information provided in the report of the Secretary-General, on many occasions the FARDC has refused to grant access to the camps to child protection institutions seeking to verify the presence of children in their units and because commanders refuse to release children. Children who work in mines. According to the Government's reply to the Conference Committee on the Application of Standards several projects for the prevention of child labour in mines and the reintegration of these children through various education programs are being implemented. The Committee 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 in hopes of reintegrating them into society 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 particular, the Committee requests the Government to provide information on the number of children who are in practice removed from these worst forms of child labour, and requests figures explaining how many children have benefited from reintegration measures through vocational training. _____________________________________________________________________ CEACR: Individual Direct Request concerning Minimum Age Convention, 1973 (No. 138) Democratic Republic of the Congo (ratification: 2001) Submitted: 2011 Unfortunately, the Government of the DRC did not submit a report to the ILO Committee to assess. As a result, the following information contains many of the same issues raised by Committee in previous years. Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. In its previous comments, the Committee presented figures that suggested that approximately 1,895,000 children aged between 10 and 14 years were economically active in the year 2000. Of this number, 1,003,000 were boys and 892,000 were girls. Based on these figures the ILO Committee remains concerned at the prevalence of child labour. Consequently, the Committee recommends the Government to enact measures designed to enforce domestic legal protections for children, in both the formal and informal economies. In its previous responses the Government has stated that, given the current disastrous economic situation, where employment in the informal economic sector is the only answer for the majority of the population, a number of parents tolerate, or even send, their children to do forms of work which are forbidden by law. The Committee welcomes the information provided by the Government on the measures that it plans to take to abolish child labour and considers that these measures are an affirmation of its political will to develop strategies to combat this problem. However, while noting the instability in the country, particularly in view of the continued conflict, the Committee expresses concern at the persistence of child labour in practice. It therefore once again calls upon the Government to take the necessary measures to ensure that the National Committee to Combat the Worst Forms of Child Labour is operational in the near future, and that it formulates the national strategy on the abolition of child labour and its worst forms. Article 2(3). Age of completion of compulsory schooling. The Committee states that, according to the Government’s initial report submitted to the Committee on the Rights of the Child in August 2000 (CRC/C/3/Add.57, paragraphs 149, 156 and 157), section 115 of Act No. 86/005, regarding national education, makes schooling compulsory for girls and boys until they have reached the age of 15. However, the Government indicated in previous reports that this Act never entered into force. Furthermore, according to the Government, primary education is free but, as a result of the aggravation of the economic crisis, children, and particularly boys, drop out of school from the ages of 12 or 13 to seek their subsistence by doing whatever they can. Furthermore, as the ILO Committee explains, the Committee on the Rights of the Child has urged the Government in the past to adopt and implement legislation establishing a minimum age for the completion of compulsory schooling, and to ensure that primary and secondary school education, in so far as possible, is free of charge. In its previous report, the Government indicated that it is aware that the school attendance rate is low in the country. The rate is around 40 per cent of all children of school age. As a result, the Government has adopted Order No. 082 of 15 May 2006, defining priorities in the field of education. The Government added that the persistence of areas of insecurity constitutes a barrier to education of children, not only due to the constant movement of families, and therefore children, but also the destruction of school infrastructure through armed conflict, as was the case in 2005 in Katanga, Ituri, Beni and Kivu. With the aid of UNICEF and the United Nations Office for the Coordination of Humanitarian Affairs, 75 classrooms have been refurbished and over 12,000 displaced schoolboys and girls have benefited from an emergency support program for education. Nonetheless, the Committee remains deeply concerned about the education situation in the country, particularly with regard to the low rate of school attendance and the high rate of students repeating years, particularly in the case of girls. The Committee notes that poverty is one of the primary causes of child labour and that, when combined with a deficient educational system, it prevents the development of the child. However, as the Committee has previously stated compulsory education is one of the most effective means of combating child labour, as a result it once again calls upon the Government to spare no effort to improve the operation of the education system in the country. The Committee once again reminds the Government that, under the terms of Article 3(3), of the Convention, national laws, after consultation with the organisations of employers and workers concerned, where such exist, may authorise employment or work as from the age of 16 years on condition that: (a) their health, safety and morals are fully protected; and (b) they have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee observes that the Ministerial Order of 8 August 2008 does not contain a provision guaranteeing compliance with the two conditions referred to above. The Committee also explains that, where a government makes use of the flexibility clause envisaged in Article 3(3), of the Convention, it has to take measures to ensure compliance with the two conditions established by this provision of the Convention. Therefore, the Committee requests the Government to provide information on the measures adopted or envisaged to ensure that the performance of hazardous types of work by young persons between 16 and 18 years of age, especially under the terms of sections 10 and 12, is only authorised in conformity with the provisions of Article 3(3), of the Convention. In its previous comments, the Government has indicated that Departmental Order No. 28/75 of 30 October 1975, which includes a list of light work authorised for persons between the ages of 14 and 16 years, will be revised. In the meantime, the Committee is aware that section 17 of the new Ministerial Order of 8 August 2008 establishes a list of light and work authorised for persons under 18 years of age, which includes: (1) the harvesting of seeds, leaves and fruit with the exception of bananas and palm nuts, provided that the harvest is carried out at ground level. (2) the manual husking of fruits and seeds, the sorting of vegetable products. (3) the making of ties for market gardens. (4) basket work. (5) the herding of small animals and poultry. (6) surveillance by guards, doorkeepers and sentries. (7) the sale of periodicals and hawking not involving the transport of heavy goods. (8) the types of work that shall be authorised by the competent inspector. However, nowhere in this Ministerial order is a minimum age for these jobs established. Furthermore, the order does not determine the conditions of employment under which light work may be performed. Consequently, the Committee reminds the Government that, under the terms of Article 7(1)-(4) of the Convention, national laws or regulations may permit the employment or work of persons 12 to14 years of age in light work which is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school. In addition to the activities in which light work may be authorised, Article 7(3) of the Convention provides that the competent authority shall prescribe the number of hours during which and the conditions in which such employment or work may be undertaken. The Committee therefore requests the Government to provide information on the measures adopted or envisaged to ensure that only persons between 12 and 14 years of age perform light work, in accordance with Article 7(1) of the Convention. _____________________________________________________________________