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

Worst Forms of Child Labour Convention, 1999 (No. 182) - Congo (Ratification: 2002)

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, under section 2 of Act No. 16 of 27 August 1981 establishing compulsory national service in the Republic of Congo (Act No. 16 of 27 August 1981), national service is compulsory for all citizens between 18 and 35 years of age. The Committee also noted that the Human Rights Committee expressed its deep concern at the enlistment of children in armed groups and militias and recommended that the Government intensify its efforts to adopt measures to protect these children.

The Committee notes that the Government’s report does not contain any information on this subject. It notes that, according to the information contained in the UNICEF Humanitarian Action Report 2008, the country is still suffering from the impact of ten years of conflict and, despite the peace agreements of March 2003, the process of disarmament, demobilization and reintegration has not yet started, particularly in the Pool region, where the degree of insecurity remains high. It also notes that, according to this report, some 1,500 children are still armed or associated with armed groups in this region. The presence of armed groups leaves children, especially girls, vulnerable to sexual violence. The Committee notes that, despite the fact that the armed conflict ended more than five years ago and that the national legislation provides that the age from which national service is compulsory is 18 years, children below this age are still associated with armed groups. It expresses its concern at the persistence of this practice, especially as it leads to other violations of the rights of children, particularly in the form of sexual violence. In this regard, the Committee requests the Government to take immediate and effective measures to put a stop in practice to the forced or compulsory recruitment of children under 18 years of age by armed groups and to begin the full disarmament, demobilization and reintegration of all children, particularly in the Pool region. With reference to Security Council resolution 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 ensure that sufficiently effective and deterrent penalties are imposed on any person found guilty of recruiting or using children under 18 years of age for the purpose of armed conflict. It requests the Government to supply information in this regard.

Clause (b). Use, procuring or offering of a child for prostitution. The Committee previously noted that section 334 of the Penal Code penalizes the procuring or offering of a child for prostitution. It requested the Government to indicate whether the national legislation includes provisions which incriminate the client. The Committee notes that the Government has not supplied any information on this subject in its report. It notes that the Committee on the Rights of the Child (CRC), in its concluding observations on the initial report of the Congo in October 2006 (CRC/C/COG/CO/1, paragraphs 81 and 82), expressed concern at the fact that the sexual exploitation of children is a widespread practice in the country and recommended that the Government allocate adequate resources to the departments responsible for investigating cases of sexual exploitation, prosecute those responsible for such crimes and impose adequate sentences. The Committee also notes that, according to the information contained in the UNICEF Humanitarian Action Report 2008, sexual exploitation is a widespread practice in the country. In view of this information, the Committee requests the Government to take immediate and effective measures to ensure that section 334 of the Penal Code, which penalizes the procuring or offering of a child for prostitution, is applied effectively. The Committee requests the Government to supply information in this regard, including, for example, statistics relating to the number and nature of offences reported, investigations, prosecutions, convictions and penalties imposed. Furthermore, reminding the Government that Article 3(b) of the Convention also prohibits the use of a child under 18 years of age for prostitution, the Committee once again requests the Government to indicate whether the national legislation includes provisions which incriminate the client.

Clause (c). Use, procuring of offering of a child for illicit activities. The Committee noted the Government’s statement that no legislative or regulatory provisions prohibit the use, procuring of offering of a child for illicit activities. It requested the Government to indicate the measures taken or contemplated for prohibiting this worst form of child labour. The Committee notes the lack of information in this regard in the Government’s report. It therefore requests the Government once again to provide information on the measures taken 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 the Government once again to establish penalties in law for this purpose.

Clause (d)  Hazardous work. Self-employed children. The Committee noted that the Labour Code does not apply to children under 18 years of age who are not covered by an employment contract but perform hazardous work. It notes that the Government’s report does not contain any information on this subject. The Committee therefore requests the Government once again to indicate the manner in which children under 18 years of age enjoy the protection afforded by Article 3(d) of the Convention, i.e. that they are not employed 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 hazardous work. In its previous comments, the Committee noted that section 4 of Order No. 2224 of 24 October 1953, establishing exceptions relating to the employment of young workers, the types of work and categories of enterprises prohibited to young people and the age limit to which the prohibition applies (Order No. 2224), prohibits young workers under 18 years of age from being employed in hazardous work. The Committee also noted that the same provision includes a list of types of hazardous work. However, it noted that Order No. 2224 was adopted in 1953, i.e. more than 50 years ago, and reminded the Government that, under Article 4, paragraph 3, of the Convention, the list of types of hazardous work which have been determined must be periodically examined and revised as necessary, in consultation with the organizations of employers and workers concerned. The Committee notes that the Government’s report does not contain any information on this subject. However, it notes the Government’s statement that a preliminary draft Labour Code is in the process of being drawn up. The Committee draws the Government’s attention once again to Paragraph 3, of the Worst Forms of Child Labour Recommendation, 1999 (No. 190), which lists the types of work to which consideration should be given in determining the types of hazardous work prohibited to children under 18 years of age. The Committee therefore requests the Government to indicate whether it intends to take measures to revise the list of types of hazardous work prohibited to children under 18 years of age included in Order No. 2224 of 24 October 1953. If so, it expresses the hope that, in the context of the drawing up of the preliminary draft Labour Code, the activities listed in Paragraph 3, of Recommendation No. 190 will be taken into consideration. Finally, the Committee requests the Government to provide information on consultations held with employers’ and workers’ organizations on this subject.

Article 5. Monitoring mechanisms. The Committee noted that one of the duties of the inspector of labour and social legislation is to monitor the implementation of the provisions of the Convention. It also noted that sections 151–161 of the Labour Code establish the responsibilities of the inspectorate of labour and social legislation. The Committee asked the Government to provide information on the functioning of the inspectorate of labour and social legislation, particularly with regard to the worst forms of child labour. The Committee notes the Government’s indication that no provision has been made for a mechanism for dealing with the worst forms of child labour. It notes that, according to the information available to the Office mentioned above, the worst forms of child labour exist in the country, particularly the sale and trafficking of children, the recruitment of children for use in armed conflict and also the use, procuring, or offering of children for sexual exploitation. The Committee therefore requests the Government to take the necessary measures to establish mechanisms for monitoring the worst forms of child labour, including the establishment of a monitoring mechanism in addition to the inspectorate of labour and social legislation with regard to Article 3(a)–(c) of the Convention, which cover offences of a criminal nature.

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. With reference to its previous comments, the Committee notes that the CRC, in its concluding observations of October 2006 (CRC/C/COG/CO/1, paragraphs 68 and 69), expressed its concern with regard to the high repetition and drop-out rates in schools, overcrowded classes and the low secondary school attendance rate. It also expressed its concern at the low numbers of children who complete primary schooling and at the lack of vocational training, particularly for those who drop out of school. Finally, the CRC noted with concern that indigenous children have limited access to education. The Committee notes that, according to the 2008 Education for All Global Monitoring Report published by UNESCO entitled Education for All by 2015: Will we make it?, the Congo has made progress with regard to the gross enrolment rate in primary education and has a good chance of achieving the goal of universal literacy by 2015. However, according to this report, the country may not achieve the goal of gender parity in secondary education. The Committee also notes that, according to the information available on the UNICEF web site (www.unicef.org/
infobycountry/congo_statistics.html), for the years 2000–06 the net primary-school enrolment rate was 48 per cent for girls and 40 per cent for boys.

While noting that some progress has been made with regard to the gross enrolment rate in primary education, the Committee expresses its concern at the low percentages of this rate. 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. In this regard, it requests the Government to supply information on the measures taken to increase the school enrolment rate at both primary and secondary levels and to reduce the school repetition and drop-out rate, giving particular attention to disparities in access to education based on gender or socio-economic and ethnic criteria.

Clause (b). Removal of children from the worst forms of child labour and ensuring their rehabilitation and social integration. Child soldiers. In its previous comments, the Committee noted that the Government had participated in the ILO–IPEC Subregional project on the prevention and reintegration of children involved in armed conflict, together with Burundi, Rwanda, the Democratic Republic of the Congo, the Philippines, Sri Lanka and Colombia, which ended in 2007. It also noted the creation of the High Commission for the Reintegration of Ex-Combatants (HCREC), the body responsible for managing the process of demobilization and reintegration. The Committee also noted that the Government, in conjunction with the World Bank and the Multi-Country Demobilization and Reintegration Programme (BM/MDRP), was preparing a new project in the context of the National Programme for the disarmament, demobilization and reintegration of former combatants (DDR).

The Committee notes that the Government has not yet supplied any information on this subject in its report. It noted that the CRC, in its concluding observations of October 2006 (CRC/C/COG/CO/1, paragraphs 75 and 76), expressed its concern at the fact that many former child soldiers, including girls, do not receive adequate assistance with physical and psychological rehabilitation. The CRC also expressed its concern at the fact that former child soldiers are not reintegrated into the school system. It recommended that the Congo ensure that all children who have participated directly or indirectly in armed conflict be provided with services promoting their full physical and psychological rehabilitation, giving particular attention to the specific needs of girls. The CRC also recommended that efforts should be made to ensure that former child soldiers are reintegrated into the ordinary school system. In view of the above, the Committee requests the Government to take effective and time-bound measures to ensure that child soldiers who have already been or will be removed from armed groups, particularly girls, will receive adequate assistance with regard to social rehabilitation and integration, including through reintegration into the school system or into vocational training, as applicable. It requests the Government to supply information in this regard.

Clause (d). Children at special risk. 1. Children orphaned as a result of HIV/AIDS. In its previous comments, the Committee 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 97,000 children are orphaned as a result of HIV/AIDS in the Congo. It requested the Government to provide information on the specific time-bound measures taken to improve the situation of children orphaned as a result of HIV/AIDS.

The Committee notes that the Government’s report does not contain any information in the regard. It notes that, according to the report on the global AIDS epidemic published in May 2006 by UNAIDS, the number of children orphaned by the virus in the Congo has increased to around 110,000. The Committee also notes that, according to the report on the national situation of the Congo which the Government submitted to the United Nations General Assembly Special Session on HIV/AIDS (UNGASS) in January 2008, a prevention programme for vulnerable groups, including children orphaned as a result of HIV/AIDS, has been implemented. The Committee expresses its concern at the high number of children orphaned as a result of HIV/AIDS in the Congo and points out that the virus has adverse consequences on orphans, who are at greater risk of being engaged in the worst forms of child labour. It therefore requests the Government to provide information on the specific time-bound measures taken, under the implementation of the prevention programme for vulnerable groups, to prevent children orphaned as a result of HIV/AIDS from being engaged in the worst forms of child labour.

2. Street children. The Committee notes that, according to the concluding observations of the CRC of October 2006 (CRC/C/COG/CO/1, paragraphs 15, 17, 26, 27 and 69), the phenomenon of street children exists in the country. It notes that children living or working in the streets are particularly exposed to the worst forms of child labour. It therefore requests the Government to supply information on the effective and time-bound measures taken to protect street children from the worst forms of child labour and to ensure their rehabilitation and social integration.

Parts IV and V of the report form. Application of the Convention in practice. The Committee previously noted that no statistical data relating to the numbers of children who are the victims of the worst forms of child labour appear to be available for the Congo and asked the Government to supply information on the application of the Convention in practice. The Committee notes that the Government has not supplied any information on this subject. It therefore expresses the firm hope that the Government will be in a position to supply information in its next report on the application of the Convention in practice. In this regard, the Committee requests the Government to provide statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children protected 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, the information supplied should be disaggregated according to sex.