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

Minimum Age Convention, 1973 (No. 138) - Congo (Ratification: 1999)

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 and Part V of the report form. National policy and practical application of the Convention. The Committee noted that, according to the ILO’s statistics for the year 2000, 960,000 children aged between 10 and 14 years were economically active. Of this number, 510,000 were boys and 450,000 were girls. The Committee noted that, in its concluding observations on the initial report of Congo of October 2006 (CRC/C/COG/CO/1, paragraphs 79–80), the Committee on the Rights of the Child was concerned at the lack of data on the issue of economic exploitation of children. It has also expressed concern at information according to which children, in particular, indigenous children, are exploited economically. The Committee on the Rights of the Child urged Congo to develop and implement a comprehensive plan of action to prevent and combat child labour. Noting the absence of information on this point in the Government’s report, the Committee once again expressed its concern at the situation of young children who are forced to work out of personal necessity in Congo. Consequently, the Committee urges the Government to take measures in the short and medium term to gradually improve this situation, in particular, through the adoption of a national policy ensuring the effective abolition of child labour. The Committee also requests the Government to provide information on the way in which the Convention is applied in practice, including, for example, statistical data, disaggregated by gender and age, on the nature, extent and evolution of the labour performed by working children and young persons under the minimum age specified by the Government at the time of ratification, as well as extracts from inspection service reports.

Article 2(1). Scope of application. In its previous comments, the Committee noted that the Labour Code only applies to an employment relationship. The Committee recalled that the Convention applies to all branches of economic activity or work, whether it is carried out on the basis of an employment relationship or not and whether it is remunerated or not. Noting the absence of information in the Government’s report, the Committee once again requests the Government to provide information on the manner in which children not bound by an employment relationship, such as those who are self-employed, benefit from the protection laid down by the Convention. In this regard, the Committee asks the Government to envisage the possibility of taking measures to adapt and reinforce the labour inspection services to ensure the application of this protection.

Article 2(3). Age of completion of compulsory schooling. The Committee noted that, by virtue of section 23 of the Constitution, schooling is compulsory until the age of 16 years. The Committee noted that, in its concluding observations on the second periodic report of Congo (E/C.12/1/Add.45, paragraph 23), the Committee on Economic, Social and Cultural Rights considered that, although Congo used to have quite a developed education system, it has seriously deteriorated as a result of economic mismanagement, the shortage of resources and political unrest. Furthermore, there are fewer children enrolling in school and there is a shortage of teachers and teaching materials. The Committee had also noted that, according to ILO statistics for Congo for the year 2000, a high number of children between 10 and 14 years, namely 960,000 children, are economically active in one way or another.

The Committee noted that, in its concluding observations of October 2006 (CRC/C/COG/CO/1, paragraphs 68–69), the Committee on the Rights of the Child expressed its concern at the large number of repetition and drop-outs, overcrowded schools and low attendance in secondary school. The Committee on the Rights of the Child was also concerned about the low number of children graduating from primary school and the lack of vocational training for children, in particular, those who drop out of school. Finally, it expressed its concern at the limited access of indigenous children to education. The Committee notes that, according to the Education for All Global Monitoring Report of 2008, published by UNESCO and titled “Education for All in 2015: Will We Make It?”, Congo has progressed in terms of gross ratios of admission to primary education and has a high chance of achieving the target of universal literacy by 2015. However, according to this report, Congo is at risk of not achieving the objective of gender parity in secondary education. Furthermore, more than 20 per cent of primary school students repeat a school year. The Committee further noted that, according to the information available on the UNICEF website (www.unicef.org/infobycountry/congo
_statistics.html), the 2005–06 net primary school enrolment ratios are 48 per cent for girls and 40 per cent for boys. The net enrolment ratios for secondary school are not available.

While noting that some progress was made as concerns the gross primary school enrolment rates, the Committee nevertheless observed that these ratios remain low. The Committee pointed out that poverty is one of the main causes of child labour which, combined with a weak education system, hampers the development of children. Considering that compulsory schooling is one of the most effective means of combating child labour, the Committee encourages the Government to redouble its efforts to improve the education system in Congo. In this regard, it requests the Government to provide information on the measures taken to increase school attendance, at both primary and secondary levels, and reduce school drop-out rates and repetition rates, by paying special attention to inequalities in access to education based on gender or ethnic and socio-economic criteria. The Committee further requests the Government to intensify its efforts to combat child labour by strengthening the measures permitting working children to enter the school system, formal or informal, or vocational training, as long as the minimum age criteria are respected.

Article 3(2). Determination of types of hazardous work. In its previous comments, the Committee had noted that section 4 of Order No. 2224 of 24 October 1953, setting employment exemptions for young workers, as well as the nature of the work and the categories of enterprises prohibited to young persons and the age limit of the prohibition (hereinafter Order No. 2224), prohibits the employment of young persons under 18 years in hazardous work. The Committee had also noted that this very same provision includes a list of types of hazardous work. It had noted, however, that Order No. 2224 was adopted over 50 years ago. Noting that the Government does not provide information on this issue, the Committee once again refers to the provisions of paragraph 10(2) of the Minimum Age Recommendation, 1973 (No. 146), which invites the Government to re-examine periodically and revise as necessary the list of the types of employment or work to which Article 3 of the Convention applies, particularly in the light of advancing scientific and technological knowledge. In this regard, the Committee once again requests the Government to indicate whether Order No. 2224 is still in effect. If so, it requests the Government to indicate if it plans to take to take measures to revise the list of hazardous work included in Order No. 2224.

Article 3(3). Admission to hazardous work from the age of 16 years. The Committee had previously noted that, by virtue of section 5 of Order No. 2224, the employment of young workers under the age of 16 years is prohibited with regard to the following types of work: (1) physical work involving pedals, wheels, cranks, levers, jigs, manually operated winnowing machines; (2) the use and feeding of circular, ribbon and multi-blade saws, work involving shears, or mechanical cutting blades and grindstones; and (3) work on buildings, except for finishing work not necessitating the use of scaffolding. The Committee had also noted that, under the terms of section 7 of Order No. 2224, the labour and social legislation inspectors may require that any young worker undergo a medical examination in order to determine whether the work in which they are employed exceeds their capacities. When it has been proven that the young worker is not physically apt for the work in which he is employed, he must be transferred to a post corresponding to his physical capacities or made redundant without any blame being attached to him. The Committee had noted that the condition contained in Article 3(3) of the Convention to the effect that the health, safety and morals of young persons aged between 16 and 18 years authorized to carry out hazardous work shall be protected, is met by the provisions mentioned above. It had recalled, however, that Article 3(3) of the Convention also requires that young persons aged between 16 and 18 years shall receive specific instruction or vocational training in the relevant branch of activity. The Committee observed that the Government’s report contains no information in this regard. The Committee thus once again requests the Government to provide information on the measures taken or envisaged in order to ensure that young people aged between 16 and 18 years who are authorized to carry out the abovementioned hazardous work, shall receive specific instruction or vocational training in the relevant branch of activity.

Article 7. Light work. In its previous comments, the Committee had noted that, under the terms of section 2 of Order No. 2224, children aged 12 may carry out the following work: (a) light domestic tasks forming part of the work of a scullion, an assistant cook, a “small boy” or a child-minder; (b) picking, gathering or sorting work performed in agricultural undertakings, with the health and safety of children being guaranteed; and (c) light work of a non-industrial character, subject to the approval of the labour and social legislation inspector, and under the condition that such work can only be carried out by children. The Committee had also noted that, by virtue of articles 10 and 11 of Order No. 2224, the consent of the parents or guardians is required for the admission to employment of a child between ages 12 and 14. The labour and social legislation inspector or his legal deputy must also give his written permission, upon presentation of a medical certificate. The Committee had recalled that, apart from the activities for which light work may be authorized, 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. Noting the absence of information in the Government’s report, the Committee once again requests the Government to indicate the measures taken or envisaged with regard to provisions determining the conditions in which such employment or work may be undertaken by a child between ages 12 and 14.

Finally, the Committee noted the information supplied by the Government in its report under Convention No. 182 according to which a Labour Code pilot study is currently being drafted. The Committee expresses the hope that the Government will take the necessary measures to include the abovementioned issues in the draft Labour Code pilot study and requests it to provide information on any new progress made in this regard.