Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

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

The Committee notes that, according to the information on the Congo-Brazzaville National Information and Advice Portal (www.congo-site.com), the Child Protection Act (Act No. 4-2010) was adopted on 14 June 2010. The Committee requests the Government to provide a copy of this Act in its next report.

Article 2(1) of the Convention. Scope of application. In its previous comments the Committee observed that the Labour Code only applies to an employment relationship. The Committee asked the Government to provide information on the manner in which children not bound by an employment relationship, such as those who are self-employed or work in the informal sector, enjoy the protection laid down by the Convention.

The Committee notes that the Government’s report does not contain any information on this matter. However, it notes that, according to the information contained in a 2009 report on the worst forms of child labour in Congo, published on the website of the UN High Commissioner for Refugees (UNHCR), labour inspection activities mainly cover the urban sector and major enterprises, whereas the majority of children work in rural areas and small undertakings. The Committee again reminds the Government that the Convention applies to all branches of economic activity and covers all types of employment or work, whether or not an employment relationship exists and whether or not it is remunerated. The Committee therefore urges the Government to take measures to adapt and strengthen the labour inspection services in order to ensure that children under 14 years of age who are self-employed or work in the informal sector, especially in rural areas, enjoy the protection afforded by the Convention. It requests the Government to supply information on the measures taken and the results achieved in this respect in its next report.

Article 2(3). Age of completion of compulsory schooling. In its previous comments the Committee asked the Government to provide information on the measures taken to increase school enrolment at primary and secondary levels and reduce school repetition and drop-out rates.

The Committee takes due note of the Government’s indication that, to contribute towards combating child labour, the Congolese Government has decided to abolish school fees. The Government also indicates that a number of schools have been built and new teachers are recruited each year. The Committee also notes that the Government undertakes to supply statistics on school enrolment and attendance rates in its next report. The Committee observes that, according to UNICEF statistics for 2005–09, progress has been made with regard to enrolment rates in primary education. According to these statistics, net school attendance rates are now 62 per cent for boys and 56 per cent for girls. Moreover, primary school attendance rates are 86 per cent for boys and 87 per cent for girls. Nevertheless, the Committee observes that the corresponding rates are still relatively low in secondary education (39 per cent for boys and 40 per cent for girls). It also notes that according to the 2011 Education for All Global Monitoring Report, published by UNESCO and entitled “The hidden crisis: Armed conflict and education”, expenditure on education decreased by 9.7 per cent in real terms between 1999 and 2008 in the Congo, whereas the economic growth rate for the country reached an average of 4.6 per cent per year. While taking due note of the Government’s efforts to improve the functioning of the education system and the progress made in this respect, the Committee encourages the Government to continue its efforts and strengthen measures to increase school attendance rates, especially in secondary education, and reduce school drop-out rates, with a particular focus on girls. It requests the Government to provide information on the results achieved in this respect in its next report.

Article 7. Light work. In its previous comments the Committee noted that, under the terms of section 2 of Order No. 2224, children aged 12 may carry out certain types of light work. Under sections 10 and 11 of the Order, the prior consent of the parents or guardians is required and the labour and social legislation inspector or his legal deputy must also give his written permission, upon presentation of a medical certificate. However, the Committee recalled that Article 7(3) of the Convention provides that the competent authority, apart from determining the activities for which light work may be authorized, shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken.

The Committee notes the Government’s indication that the legislation in force does not contain any exemptions with respect to the minimum age for admission to employment. The Committee requests the Government to indicate in its next report whether Order No. 2224 is still in force. If so, it requests the Government to take the necessary steps to prescribe the number of hours and the conditions in which light work may be performed by children between 12 and 14 years of age.