Worst Forms of Child Labour Convention, 1999 (No. 182) - Algeria (Ratification: 2001)

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution. The Committee previously noted that sections 342 and 343 of the Penal Code prohibit the procuring or offering of persons, particularly children, for prostitution. It requested the Government to provide information on the application of sections 342 and 343 of the Penal Code in practice.

The Government indicates in its report that in 2019, 646 cases concerning section 342 of the Penal Code (which punishes anyone who habitually incites, promotes or facilitates the debauchery or corruption of minors) were registered, of which 631 were examined. These cases resulted in the conviction of 632 persons and the acquittal of 217 persons. The Government indicates that these cases enabled the identification of 671 child victims. The Government further refers to the number of cases registered under section 343 of the Penal Code (which punishes anyone who uses, procures or offers a person for prostitution), stating that 39 identified victims were between the ages of 13 and 18. The Committee takes due note of the statistics provided by the Government. The Committee requests the Government to continue to provide information on the application in practice of sections 342 and 343 of the Penal Code, specifically concerning cases of persons who use, procure or offer children below the age of 18 for prostitution, by providing, in particular, information concerning the number and nature of the violations reported, convictions obtained and legal penalties imposed, disaggregated by age and gender.

Article 7(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. The Committee previously noted the Government’s indications that, in order to ensure the right to free basic education for all children aged 6–16 years, support measures for children’s schooling, particularly in remote areas, had been developed and allowed them to receive aid in various forms. The Committee noted that the net primary school enrolment rate rose to almost 98 per cent in 2015. It nevertheless noted that, according to UNICEF, roughly 300,000 children from so-called disadvantaged regions did not attend school, and that the dropout rate remained a cause for concern. The Committee requested the Government to provide information on the measures taken to improve the education system, and on the impact of these measures on increasing school completion rates and the school attendance of children from disadvantaged regions.

The Government refers to several measures taken to reduce social disparities, and the repetition and school dropout rates, including: (i) measures to provide care and support for pupils, including those with learning difficulties (remedial learning provisions, development of adaptation classes, school orientation measures, and implementation of the Information System of the Ministry of National Education, for the collection of real-time data and intervention for children with learning difficulties); (ii) an increase in school infrastructure, including in remote and most disadvantaged areas; (iii) assistance from the National Office for Distance Learning and Training for pupils who have not been able to attend state schools; (iv) the allocation of study grants and grants for the start of the school year; (v) the expansion of the transport network; and (vi) the consolidation of specialized school health units.

The Government indicates that in 2020, the enrolment rate for children aged 6 to 16 years was 96.15 percent. It emphasizes that in the 2018/2019 school year, more than 250,000 pupils dropped out of basic education (primary and junior secondary levels), that is 3.84 per cent of pupils. In addition, the Committee notes that the Multiple Indicator Cluster Survey conducted in Algeria in 2019 by the Directorate of Population under the Ministry of Health, Population and Hospital Reform in partnership with UNICEF reveals that the completion rate is 94.5 per cent for primary school, 68.9 per cent for junior secondary and 46.4 per cent for secondary school.

The Government also indicates that the distance learning programmes that were developed in response to the COVID-19 pandemic will be reviewed and improved to become proper distance learning programmes. The priority actions defined by the Ministry of Education include: (i) ensuring compulsory schooling for pupils aged 6 to 16 years who are not in school or who have dropped out; (ii) reducing disparities within or among regions (wilayas) in terms of schooling; and (iii) reducing educational wastage by consolidating school orientation for better support for pupils. While noting the measures taken by the Government, the Committee requests the Government to strengthen its efforts to ensure access to education for all children, particularly in disadvantaged or remote areas, by focusing on reducing school dropout rates at secondary level. It requests the Government to continue to provide information on the measures taken in this regard and on the results achieved, in particular concerning the increase in enrolment and completion rates, and the reduction in the school dropout rates, in primary and secondary education.

Clauses(b) and (d). Assistance for the removal of children from the worst forms of child labour and children at special risk. Street children. The Committee previously noted that under Act No. 15-12 on child protection, a child subjected to begging is considered to be a “child in danger”. He or she is therefore afforded protection by the community child protection services (services du milieu ouvert), responsible for the social protection of children at the local level, and for conducting investigations to verify situations of danger and removing, where necessary, a child from danger. The Committee urged the Government to provide information on the application of the provisions of Act No. 15-12 relating to the community child protection services, in particular on the number of street children and children subjected to begging who are removed from the worst forms of child labour and subsequently rehabilitated and integrated in society.

The Government indicates that the Brigades for the protection of vulnerable persons, established within the police, are called upon to identify children living or working in the street, who can subsequently be placed in specialized child protection centres. In addition, the Government indicates that in 2019, 36 cases of begging were registered, involving 36 child victims, 25 of whom were below 10 years of age. In the first quarter of 2020, 17 cases of begging involving 31 children were registered, of which 17 children were below 10 years of age. The Government states that the perpetrators were, in most cases, the children’s parents. The Committee requests the Government to continue to take effective and time-bound measures to remove children subjected to begging from this worst form of child labour and ensure that they are rehabilitated and integrated in society. It requests the Government to provide information on the number of street children and children subjected to begging who have been identified, removed from the worst forms of child labour and provided with care in specialized child protection centres and by the community child protection services.

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Articles 3 and 7(1) of the Convention. Worst forms of child labour and the penalties applied. Clause (a). Sale and trafficking of children. The Committee previously noted that section 303bis(4) of Act No. 09-01 of 25 February 2009 provides for imprisonment and a fine in cases of trafficking of persons, in particular, for economic and sexual exploitation. Where the trafficking involves a person who is in a vulnerable situation owing to their age, among other things, the prison sentence is between 5 and 15 years. The Committee noted the creation of the National Committee on Preventing and Combating Trafficking in Persons. It also noted that training workshops on investigations and prosecutions for cases of trafficking in persons, and on victim protection, had been held in collaboration with the United Nations Office on Drugs and Crime (UNODC). The Committee requested the Government to provide information on the impact of the training workshops on the elimination of the sale and trafficking of children under 18 years of age.

The Government indicates, in its report, that training on trafficking in persons has strengthened the intervention capacities of investigators, particularly in identifying victims of trafficking and in determining the crime, in order to better identify cases of trafficking throughout the country, including trafficking in children for labour and sexual exploitation. The Government states that the training of personnel responsible for combating trafficking in persons is a priority of the Directorate General of National Security. There are also 50 Brigades for the protection of vulnerable persons within the police force, one mission of which is to ensure the protection of children against all forms of exploitation. In addition, the Government indicates that in 2018, two cases of child trafficking, involving six child victims, were identified and led to criminal proceedings. As a result of the prosecutions, one person was sentenced to imprisonment and a fine, and four persons were acquitted. In 2019, three cases of child trafficking were registered, two of which were processed, involving three child victims. As a result, two persons were sentenced to imprisonment and a fine and two others were acquitted. The Committee requests the Government to continue its efforts to combat child trafficking by ensuring that the perpetrators of these acts are identified and prosecuted, and that sufficiently effective and dissuasive sanctions are imposed. It requests the Government to continue to provide statistical information on identified cases of trafficking in children under 18 years, the prosecutions brought, the convictions obtained and the penalties imposed.

Clause (c). 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 highlighted the absence of a legislative provision prohibiting the use, procuring or offering of a child under 18 years of age for the production and trafficking of drugs. It noted with regret the absence of information from the Government and urged it to take, as a matter of urgency, the necessary measures to ensure, in law and in practice, the prohibition of the use, procuring or offering of a child under 18 years of age for illicit activities, in particular for the production and trafficking of drugs, and to establish sufficiently effective and dissuasive sanctions.

The Government indicates that where children are used for serious crimes related to drugs, the law prohibits legal proceedings against them if they are under 10 years of age. The Government provides figures on the number of children involved in cases linked to the trafficking and use of drugs. However, the Committee notes that the Government does not specify the number of children used, procured or offered for the production and trafficking of drugs.

The Committee once again emphasizes that although national legislation establishes penalties for the possession, use or trafficking of drugs, it does not define specific offences on the use, procuring or offering of children by other persons for the production and trafficking of drugs. It also reminds the Government that all children under 18 years used, procured or offered for illicit activities, in particular for the production and trafficking of drugs, must be treated as victims and not criminals. The Committee can only express its concern at the absence of provisions expressly prohibiting the use, procuring or offering of a child under 18 years of age for the production and trafficking of drugs. The Committee therefore urges the Government to take, as a matter of urgency, immediate measures to ensure that national legislation prohibits the use, procuring or offering of a child for the production and trafficking of drugs. It also requests it to take the necessary measures to ensure that all children under 18 years used for the production and trafficking of drugs are treated as victims and not criminals, and are therefore not punished for their involvement in illicit activities. The Committee requests the Government to provide information on the measures taken in this regard.

Article 4(1). Determination of hazardous types of work. For several years, the Committee has been noting the Government’s indication that the issue of determining hazardous types of work had been addressed during the current drafting of the new Labour Code. In its previous comment, the Committee noted that section 48 of the draft Labour Code of October 2015 prohibits children below the age of 18 from engaging in hazardous work and provides for the establishment of a list of these types of work through legislation. The Committee urged the Government to take immediate measures to ensure the adoption of the draft Labour Code and the relevant regulation on the list of types of hazardous work prohibited to children under 18 years of age.

The Government indicates that the Bill issuing the Labour Code, which provides that the list of hazardous work prohibited to children under 18 years of age will be determined by legislation and revised on a regular basis following consultation with the employers’ and workers’ organizations concerned, is being finalized. In addition, the Government indicates that a copy of the above Bill has been communicated to the most representative trade union organizations for their opinion. The Committee urges the Government to take, without delay, the necessary measures to finalize and adopt the Bill issuing the Labour Code, in order to determine, following consultation with the employers’ and workers’ organizations concerned, the types of hazardous work prohibited to children under 18 years of age. It requests the Government to provide a copy of the legislative text issuing the Labour Code and the regulatory text fixing the list of the types of hazardous work, once adopted.

Article 6. Programmes of action. Sale and trafficking of children. In its previous comment, the Committee requested the Government to take the necessary measures to combat the trafficking of children under 18 years of age for economic or sexual exploitation.

The Government indicates that a three-year programme for the implementation of the action plan to prevent and combat trafficking in persons 2019–2021 was adopted in 2019. This three-year programme, which incorporates the main pillars of the 2015 action plan, provides, inter alia, for: (i) reliable and accurate data on trafficking in persons; (ii) capacity building for those who deal with cases of trafficking in persons cases; (iii) adaptation of the national legal arsenal to prevent and combat trafficking in persons; (iv) provision of necessary protection and assistance for victims of trafficking; and (v) strengthening of cooperation to combat trafficking in persons. The Government states that the National Committee on Preventing and Combating Trafficking in Persons has initiated the drafting of a Bill on trafficking in persons. The Committee takes note of this information. It notes, however, that the Government does not indicate any specific measures taken under the 2019–2021 three-year programme to combat trafficking in children under 18 years. The Committee requests the Government to provide information on the measures taken within the framework of the 2019 – 2021 three-year programme to effectively combat trafficking in children, and the results achieved.

Article 7(2). Effective and time-bound measures. Clauses (b). Providing assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Trafficking of children. The Committee previously requested the Government to take effective and time-bound measures to establish services for the recovery of child victims of trafficking, and for their rehabilitation and social integration. It also requested the Government to take measures to ensure that child victims of trafficking are treated as victims rather than offenders and to provide information on progress in this regard.

The Government indicates that there is currently no national guidance mechanism for victims of trafficking in persons to provide coordinated care for victims but that a working group had been set up to formalize such a mechanism. The Committee further notes the information of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families (CMW), in its concluding observations of 25 May 2018, according to which “victims of trafficking, including children, continue to be considered migrants in an irregular situation and risk being jailed for illegal activities, such as prostitution, that they engage in because they are victims of trafficking”. The CMW also refers to “the absence of shelters for victims of trafficking and the ban on them being opened by civil society under pain of criminal sanctions for housing migrants in an irregular situation.” (CMW/C/DZA/CO/2, paragraph 59). The Committee urges the Government to take effective and time-bound measures to ensure that children under 18 years of age who engage in illegal activities, such as prostitution, in the context of trafficking, are not punished for that. It also urges the Government to take specific measures to remove child victims of trafficking from this worst form of labour, and to ensure their rehabilitation and social integration, for example by establishing reception and support centres. The Committee requests the Government to provide information on the measures taken in this regard, including within the framework of the national guidance mechanism for victims of trafficking, particularly on the number of children below the age of 18 who have been removed from trafficking and given appropriate care and assistance.

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

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution. In its previous comments, the Committee noted that sections 342 and 343 of the Penal Code prohibit and penalize the procuring or offering of persons, particularly children, for prostitution. It requested the Government to provide information on the application of these provisions in practice.

The Committee notes with regret that the Government’s report still does not contain any information on the application of these provisions in practice. The Committee therefore once again requests the Government to take the necessary measures to ensure that in-depth investigations and effective prosecutions of persons who engage in the commercial sexual exploitation of children under 18 years of age, are conducted. It also urges the Government to provide information on the application of sections 342 and 343 of the Penal Code in practice, including, for example, statistics on the number and nature of the infringements reported, the investigations conducted, prosecutions, convictions and penal sanctions applied, disaggregated by age and gender of the victims.

Article 7(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. The Committee notes the Government’s information that, in Algeria, all children aged 6–16 years are entitled to free education under article 53 of the Constitution, as well as Act No. 08-04 of 23 January 2008, establishing the Framework Act on National Education. It notes the Government’s indication that this translates into support measures for children’s schooling, particularly in remote areas, which allow them to receive aid in various forms. The Committee also notes that, according to the information available on UNICEF’s website, Algeria began implementing the reform of its education system in 2003 in order to improve the quality of education at every level, to increase access to education and to improve the completion rates for primary, middle and secondary studies. As a result, the net primary school enrolment rate rose to almost 98 per cent in 2015. UNICEF nevertheless stresses that problems persist in relation to the school attendance of children from so-called disadvantaged regions (wilayas in the south of the country and in the high plateaus, as well as suburbs), roughly 300,000 of whom still do not attend school. The drop-out rate is also cause for concern, with an estimated 500,000 pupils at risk of dropping out of education before high school.

Considering that school retention contributes to preventing and combating the engagement of children in the worst forms of child labour, the Committee stresses the need to improve the functioning of the educational system through measures that aim in particular to increase school attendance rates and reduce school drop-out rates (see the 2012 General Survey on the fundamental Conventions, paragraph 570). The Committee therefore requests the Government to provide detailed information on the measures taken to improve the functioning of the educational system, and on the impact of these measures on increasing school completion rates and the school attendance of children from disadvantaged regions. To the extent possible, all information should be disaggregated by age and gender.

Clause (d). Children at special risk. Children in street situations. The Committee previously noted that the United Nations Committee on the Rights of the Child, in its concluding observations, noted with concern that insufficient measures have been taken by Algeria to implement its previous recommendations concerning street children and that Algeria considers the phenomenon as marginal, although no data has been collected since 2008, and that thousands of children are reported to live on the streets.

The Committee notes with regret that the Government does not provide any information on the measures taken to tackle the issue of street children in Algeria. The Committee nevertheless notes that under Act No. 15-12 on child protection, a child subjected to begging is considered to be a “child in danger” and is therefore entitled to the protection afforded by the provisions of the Act. Among other things, the child protection services (services du milieu ouvert), which are responsible for the social protection of children at the local level, conduct investigations to verify situations of danger (section 23) and, if necessary, contact children’s legal representatives to reach agreements on the measures that are best suited to their needs and remove them from danger (section 24). If an agreement cannot be reached or conventional measures fail, the child protection services must refer the case to the competent juvenile court. The Committee urges the Government to provide detailed information on the application in practice of the provisions of Act No. 15-12 relating to the child protection services, in particular on the number of street children and children subjected to begging who are removed from the worst forms of child labour and subsequently rehabilitated and integrated in society.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Articles 3 and 7(1) of the Convention. Worst forms of child labour and the penalties applied. Clause (a). Sale and trafficking of children. In its previous comments, the Committee noted that section 303bis(4) of Act No. 09-01 of 25 February 2009, prohibits the trafficking of persons, in particular for economic and sexual exploitation, and that the applicable penalty is imprisonment of five to 15 years and a fine of 500,000 to 1,500,000 Algerian dinar, with heavier penalties for persons trafficking children (section 303bis(5)). The Committee nevertheless noted with concern that the United Nations Committee on the Rights of the Child (CRC) expressed particular concern that there had been no investigation or prosecution for trafficking offences, or conviction or punishment of trafficking offenders and that some traffickers reportedly benefited from the complicity of some members of the Algerian police. It also noted that child victims of trafficking may be jailed for unlawful acts committed as a result of their being trafficked, such as engaging in prostitution or not having adequate immigration documentation.

The Committee notes with regret that the Government still has not provided any information on this matter in its report. It nevertheless notes that training workshops in Algeria on investigations and prosecutions for the trafficking of persons, and on victim protection, have been held in collaboration with the United Nations Office on Drugs and Crime (UNODC). These training workshops have brought together representatives of various departments forming the National Committee on Preventing and Combating Trafficking in Persons, which was established by Presidential Decree No. 16-249 of 26 September 2016, as well as law enforcement officials. The Committee requests the Government to provide information on the impact of these training workshops on the elimination in practice of the sale and trafficking of children under 18 years of age. It also requests the Government to take measures to ensure that child victims of trafficking are treated as victims rather than offenders, and to provide information on the progress made in this regard. The Committee further requests the Government to continue taking measures to ensure that in-depth investigations and effective prosecutions are conducted of persons who engage in the sale and trafficking of children, including state officials suspected of complicity, and that sufficiently effective and dissuasive sanctions are imposed. The Committee urges the Government to provide information on the number of infringements reported, investigations conducted, prosecutions, convictions and penal sanctions applied, disaggregated by age and gender of the victims.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee noted on several occasions, since its first comments published in 2004, that while the national legislation establishes severe penalties for the possession, use or trafficking of illegal drugs, there is no legislative provision prohibiting the use, procuring or offering of a child under 18 years of age for the production and trafficking of drugs.

The Committee notes with regret that the Government does not provide any new information and has still not remedied this shortcoming in the application of the Convention. The Committee once again reminds the Government that under Article 3(c) of the Convention, the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs, is among the worst forms of child labour. Moreover, under Article 1, immediate and effective measures to secure the prohibition of the worst forms of child labour must be taken as a matter of urgency. The Committee thus urges the Government to take, as a matter of urgency, the necessary measures to ensure, in law and in practice, the prohibition of the use, procuring or offering of a child under 18 years of age for illicit activities, in particular for the production and trafficking of drugs, and to establish sufficiently effective and dissuasive sanctions. It requests the Government to provide information on the progress made in this regard.

Article 4(1). Determination of hazardous types of work. In its previous comments, the Committee noted the Government’s indication that the issue of determining hazardous types of work had been addressed during the drafting of the new Labour Code and that a list of prohibited types of work was due to be established by regulation. It noted that the CRC expressed concern that Algeria had still not determined the hazardous types of work prohibited for persons under the age of 18, even though thousands of children continue to be subjected to the worst forms of child labour, especially in agriculture, as street vendors and domestic servants.

The Committee notes that the Government’s report does not contain any information on this matter. However, the Committee takes note of the draft Labour Code dated October 2015, section 48 of which provides that “minor workers and apprentices” below the age of 18 may not be engaged in work that is likely to harm the health, safety or morals of children. The same section provides that the list of these types of work will be determined through regulation. The Committee once again reminds the Government that under Article 4(1) of the Convention, hazardous types of work shall be determined, as a matter of urgency, by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned. Noting once again that it has been raising this issue for several years, the Committee urges the Government to take immediate measures to ensure the adoption of the draft Labour Code and of the relevant regulation on the list of types of hazardous work prohibited to children under 18 years of age, as a matter of urgency. It urges the Government to provide information on any progress made in this regard.

Article 6. Programmes of action. Sale and trafficking of children. The Committee notes that, according to the 2016 UNODC Global report on trafficking in persons, a national plan of action to combat trafficking in persons was developed in October 2015, one of the objectives of which is to prevent and reduce trafficking in persons by improving legislation in that field, enhancing the national capacity for detecting and identifying victims, and enhancing international cooperation. The Committee notes that section 3 of Decree No. 16-249 of 26 September 2016 provides that the National Committee on Preventing and Combating Trafficking in Persons – composed of 20 members from various ministries and government institutions – shall oversee the implementation of this plan of action. The Committee requests the Government to take the necessary time-bound measures under the National Plan of Action to Combat Trafficking in Persons to combat the trafficking of children under 18 years of age for economic or sexual exploitation. It requests the Government to provide information on progress made in this regard.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour, and providing assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Trafficking of children. In its previous comments, the Committee noted that the CRC expressed particular concern that there were no government-operated shelters for victims of trafficking and that even civil society was prohibited from operating any such shelters because they would be penalized for harbouring undocumented migrants. The Committee also noted that Algeria did not provide any medical or psychological assistance to children for their rehabilitation and social integration.

The Committee notes with regret that the Government’s report still does not contain any information in this regard. It reminds the Government that under Article 7(2) of the Convention, the Government is bound to take effective and time-bound measures to eliminate the sale and trafficking of children for economic and sexual exploitation as soon as possible. The Committee once again urges the Government to take effective and time-bound measures to establish services for the recovery of child victims from sale and trafficking, and for their rehabilitation and social integration. It requests the Government to provide information on progress made in this regard.

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

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution. In its previous comments, 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.

The Committee notes once again with regret that the Government’s report still does not contain any information on the application of these provisions in practice. The Committee therefore once again requests the Government to take the necessary measures to conduct in-depth investigations and effective prosecutions of persons who engage in the sexual exploitation of children under 18 years of age for commercial purposes. It also once again requests 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, the investigations conducted, prosecutions, convictions and penal sanctions applied. To the extent possible, the information provided should be disaggregated by sex and age.

Article 6. Programmes of action. The Committee noted previously that a National Plan of Action (NPA) for children in Algeria had been developed for the period between 2008 and 2015, one component of which concerns child labour. Noting the absence of information on this subject in the Government’s report, the Committee once again requests it to provide information on the impact of the NPA in terms of the elimination of the worst forms of child labour.

Article 7(2). Effective and time-bound measures. Clause (d). Children at special risk. Street children. Further to its previous comments, the Committee notes that, in its concluding observations of 18 July 2012 (CRC/C/DZA/CO/3-4, paragraph 73), the Committee on the Rights of the Child noted with concern that insufficient measures have been taken by Algeria to implement its previous recommendations concerning children in street situations and that Algeria considers the phenomenon as marginal, although no data have been collected since 2008 and thousands of children are reported to live in the streets. The Committee urges the Government to take effective and time-bound measures to protect street children from the worst forms of child labour. It again requests the Government to provide information in its next report on the progress achieved in terms of the number of street children removed from the worst forms of child labour who are subsequently rehabilitated and socially integrated.

Article 8. International cooperation. In its previous comments, the Committee noted that, in the framework of the PNA for children in Algeria, the development of bilateral agreements was envisaged with a view to preventing the trans-border trafficking of children and facilitating cooperation between countries. Noting once again the absence of information in the Government’s report, the Committee again urges the Government to provide information on the progress achieved in the conclusion of bilateral, regional or multilateral agreements and the adoption of cooperation programmes with countries of origin and of transit of child victims of trafficking.

Application of the Convention in practice. With reference to its previous comments, the Committee notes the Government’s indication affirming that Algeria does not experience the phenomenon of the worst forms of child labour. However, it notes that, in its concluding observations of 18 July 2012, the Committee on the Rights of the Child (CRC) noted with concern the limited progress made to establish a national, comprehensive and centralized data collection system covering data on child protection. The CRC expressed concern that data by geographical location, socio-economic status and groups of vulnerable children are completely lacking and the fact that policy-makers often use unreliable national data to assess the situation and to formulate policies to address the problems of children, especially those working in the informal economy (CRC/C/DZA/CO/3-4, paragraph 21). In light of this information, the Committee of Experts expresses concern at the lack of data on the worst forms of child labour in Algeria and urges the Government to take the necessary measures to ensure that adequate data are available on the situation of child victims of the worst forms of child labour, and particularly children working on their own account and in the informal economy. In this respect, it again requests the Government to provide information in its next report on the application of the Convention in practice, including statistics and information on the nature, extent and trends of the worst forms of child labour. To the extent possible, the information provided should be disaggregated by age and sex.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Articles 3 and 7(1) of the Convention. Worst forms of child labour and the penalties applied. Clause (a). Sale and trafficking of children. In its previous comments, the Committee noted that section 303bis(4) of Act No. 09-01 of 25 February 2009 prohibits trafficking in persons, particularly for economic and sexual exploitation, and that the sentence incurred is imprisonment of from five to 15 years and a fine of 500,000 Algerian dinar (DZD) to DZD1,500,000, with heavier sentences for persons trafficking children (section 303bis(5)).

The Committee requested the Government to provide information on the application of these provisions in practice. It notes with regret that the Government has not provided any information on this subject in its report. Furthermore, the Committee notes with concern that, in its concluding observations of 18 July 2012 (CRC/C/DZA/CO/3-4, paragraph 77), the Committee on the Rights of the Child noted that only limited measures have been taken to enforce Act No. 09-01 of 25 February 2009 and that Algeria continues to consider trafficking victims, including children, as illegal migrants and to deport them, sometimes in conditions that threaten their lives. The Committee on the Rights of the Child also expressed particular concern that there had been no investigations, prosecutions or convictions of trafficking offenders in 2010 and that some traffickers reportedly benefit from the complicity of some members of the Algerian police; and that child victims of trafficking may be jailed for unlawful acts committed as a result of their being trafficked, such as engaging in prostitution or not having adequate immigration documentation. The Committee urges the Government to take immediate measures to ensure the elimination in practice of the sale and trafficking of children, and to ensure that in-depth investigations and effective prosecutions are conducted of persons who engage in such acts, including state officials suspected of complicity, and that sufficiently effective and dissuasive sanctions are imposed in practice. It requests the Government to provide detailed information in its next report on the application of this new Act in practice, including the number of infringements reported, investigations conducted, prosecutions, convictions and penal sanctions applied. Finally, the Committee urges the Government to ensure that children under 18 years of age who are trafficked to Algeria are treated as victims rather than offenders.

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 once again 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, or for illicit activities, in particular for the production and trafficking of drugs, is one of the worst forms of child labour. Moreover, under the terms of Article 1, immediate and effective measures shall be taken to secure the prohibition of these worst forms of child labour as a matter of urgency. 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 18 years of age for the production of pornography or for pornographic performances, or for illicit activities, in particular for the production and trafficking of drugs, and to establish sufficiently effective and dissuasive sanctions. It requests the Government to provide information in its next report on the progress achieved in this regard.

Article 4(1). Determination of hazardous types of 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 due to be established by regulation.

The Committee notes with regret that the Government’s report does not contain any further information on this subject. It notes that, in its concluding observations of 18 July 2012, the Committee on the Rights of the Child expressed concern that Algeria had not yet determined the types of hazardous work prohibited for children under 18 years of age, even though thousands of children continue to be subjected to the worst forms of child labour, especially in agriculture, as street vendors and as domestic servants. The Committee once again 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. Recalling that it has been raising this matter for several years, the Committee again urges the Government to take immediate measures to ensure the adoption of legislation on the types of hazardous work prohibited for children on an urgent basis. It requests the Government to provide information in its next report on any progress achieved in this regard.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing children from being engaged in the worst forms of child labour, providing assistance for the removal of children from these worst forms of child labour and ensuring their rehabilitation and social integration. Trafficking of children. Further to its previous comments, the Committee notes with regret that the Government’s report contains no information on the measures taken to prevent the trafficking of children and to remove victims and ensure their social rehabilitation. Moreover, it notes that in its concluding observations of 18 July 2012 (CRC/C/DZA/CO/3-4, paragraph 77), the Committee on the Rights of the Child expressed particular concern that there are still no Government-operated shelters for victims of trafficking and that civil society is even prohibited from operating any such shelters because it would be penalized for harbouring undocumented migrants. Moreover, Algeria does not provide children with any assistance for their medical and psychological recovery and their social reintegration. The Committee urges the Government to take effective and time-bound measures for the establishment of services to remove child victims of sale and trafficking and for their rehabilitation and social integration. It requests the Government to provide information on the progress achieved in this regard.

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

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

Article 6 of the Convention. Programmes of action. The Committee takes due note of the preparation of a National Plan of Action (NPA) for Children in Algeria covering the period from 2008 to 2015, adopted under the aegis of the Ministry responsible for family and the situation of women and with the participation of the national institutions concerned (20 ministerial departments, ten national institutions), civil society, an advisory group of children and young persons and UNICEF. This Plan of Action, officially launched on 25 December 2008 on the theme of “Algeria worthy of children”, covers four main fields of action: (1) the rights of the child; (2) the promotion of a healthy life and a better existence; (3) the quality of education; and (4) the protection of the child. The Committee notes that the fourth field of action relating to the protection of the child includes a section on child labour. The Committee requests the Government to provide information on the implementation of the National Plan of Action for Children and its impact in terms of the elimination of the worst forms of child labour.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing children from being engaged in the worst forms of child labour, providing assistance for the removal of children from these worst forms of child labour and ensuring their rehabilitation and social integration. Trafficking of children. In its previous comments, the Committee noted that, in its concluding observations of October 2005 (CRC/C/15/Add.269, paragraph 78), the Committee on the Rights of the Child (CRC) expressed serious concern at the inadequate nature of the services for the recovery and reintegration of child victims of trafficking. The Committee notes that, in the context of the Plan of Action for children in Algeria, it is planned to strengthen services for children and programmes to combat poverty with a view to preventing children from being abandoned, exploited, trafficked and to protect them from violence and all situations of vulnerability. The Committee therefore requests the Government to indicate the extent to which the activities carried out in the context of the Plan of Action for children in Algeria contribute to preventing children under 18 years of age from becoming victims of trafficking for economic or sexual exploitation, and for the provision of the necessary and appropriate direct assistance for the rehabilitation and social integration of these children.

Clause (d). Children at special risk. Street children. The Committee previously noted that, in its concluding observations of October 2005 (CRC/C/15/Add.269, paragraph 76), the CRC took note of the conclusions of a study conducted in 2001 according to which socio-economic problems, such as poor housing conditions, unemployment and poverty, and also family problems, such as violence and abuse in the family, drive children to live in the streets. The CRC also expressed concern at the limited access of street children to adequate social and health services and at their vulnerability to economic and sexual exploitation.

The Committee notes that, according to information contained in a report from 2009 on the worst forms of child labour in Algeria, available on the website of the United Nations High Commissioner for Refugees, a number of children still work in the streets as traders or messengers. These children are exposed to a broad range of dangers, such as harsh meteorological temperatures, accidents caused by their proximity to vehicles and their vulnerability to criminal elements. The Committee notes that the Plan of Action for Children in Algeria provides, among other activities, for the development of national programmes for the prevention and coverage of street situations. Noting once again the absence of information in the Government’s report, the Committee underlines that street children are particularly exposed to the worst forms of child labour. The Committee urges the Government to take necessary measures, in the context of the National Plan of Action for Children in Algeria, to protect children living in the streets against the worst forms of child labour. It requests the Government to provide information in its next report on the progress achieved in terms of the number of street children removed from the worst forms of child labour who are subsequently rehabilitated and socially integrated.

Article 8. Cooperation. Cooperation agreements. In its previous comments, the Committee indicated that bilateral or international cooperation between enforcement bodies and judicial authorities is essential to prevent and eliminate the worst forms of child labour, and particularly the sale and trafficking of children, through the gathering and exchange of information and through assistance in identifying and prosecuting the individuals involved and repatriating victims. The Committee notes that, in the context of National Plan of Action for Children in Algeria, the development of bilateral agreements is envisaged with a view to preventing the trans-border trafficking of children and facilitating cooperation between countries. Noting the absence of information in the Government’s report, the Committee urges it to provide information on the progress achieved in the conclusion of bilateral or multilateral agreements and the adoption of cooperation programmes with countries of origin and of transit of child victims of trafficking.

Part V of the report form. Application of the Convention in practice. With reference to its previous comments, the Committee notes the Government’s indication that in 2008, out of a total of 4,820 establishments inspected employing 38,650 workers, 68 child workers under 16 years of age were identified. In 2009, inspections of 1,314 agricultural undertakings resulted in the identification of 49 children under 16 years of age engaged in work. However, the Committee notes that the Government has not provided any information on the number of children engaged in the worst forms of child labour, including those working on their own account or in the informal economy. The Committee urges the Government to provide information in its next report on the application of the Convention in practice, including statistics and information on the nature, extent and trends of the worst forms of child labour, and particularly on children working on their own account or in the informal economy. To the extent possible, the information provided should be disaggregated by age and sex.

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

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.

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

The Committee notes 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 3 of the Convention. Clause (a). Worst forms of child labour. 
1. 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. It reminded the Government that, under Article 3(a) of the Convention, the sale and trafficking of children are prohibited for both sexual and labour exploitation. The Committee also noted that, in its concluding observations on the second periodic report of Algeria of October 2005 (CRC/C/15/Add.269, paragraphs 78 and 79), the Committee on the Rights of the Child noted with concern that children are victims of trafficking in Algeria and that the country is becoming a place of transit for trafficking between Africa and Western Europe. The Committee on the Rights of the Child strongly deplored the absence of a specific legal framework protecting children against this worst form of child labour and the inadequacy of measures to prevent and eliminate this phenomenon. It recommended the Government to establish a specific legal framework to prevent children from becoming the victims of trafficking for sexual exploitation or for other purposes and to define the term “trafficking” as a special criminal offence, in conformity with the definition contained in the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime. 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 noted the Government’s indication that the draft Labour Code that is currently being prepared introduces new provisions in this respect. The Committee therefore expresses the strong hope that the revision of the Labour Code will be completed in the very near future and that it will include specific provisions prohibiting the sale and trafficking of children under 18 years of age will be included and establish penal sanctions. The Committee requests the Government to provide information on any new developments in this respect. It also requests the Government to redouble its efforts to ensure that, in practice, all cases of the trafficking of children under 18 years of age give rise to investigations and that those guilty are charged, convicted and punished. In this respect, the Committee requests the Government to provide information on the number and nature of the contraventions reported, the investigations undertaken, prosecutions, convictions and the penal sanctions imposed.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee noted previously that, in its concluding observations of October 2005 (CRC/C/15/Add.269, paragraph 78), the Committee on the Rights of the Child 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 workers 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 noted that the Government’s report does not contain any information on this matter. The Committee therefore once again requests the Government to take the necessary measures to ensure that all cases of sexual exploitation of children under 18 years of age for commercial purposes are investigated and that the perpetrators are charged, convicted and punished. Furthermore, it once again asks the Government to provide information on the effect given in practice to sections 342 and 343 of the Penal Code and to provide, for example, statistics on the number and nature of the infringements reported, investigations, prosecutions, convictions and the penal sanctions imposed.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. In its previous comments, the Committee noted that no legislative provision prohibited this worst form of child labour and it requested the Government to indicate the measures taken to this effect. The Committee hopes that the draft Labour Code that is currently being prepared will introduce provisions prohibiting and penalizing the use, procuring or offering of a child under 18 years of age for the production of pornography or for pornographic performances. It requests the Government to provide information on any new development in this respect.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee noted previously that, even though the national legislation establishes severe penalties for the possession, use or trafficking of illegal drugs, no legislative provision prohibits the use, procuring or offering of a child under 18 years of age for the production and trafficking of drugs. The Committee hopes that the draft Labour Code that is currently being prepared will introduce provisions prohibiting and penalizing this worst form of child labour and it requests the Government to provide information on any new development in this respect.

Clause (d). Hazardous work. Self-employed children. In its previous comments, the Committee observed that Act No. 90/11 of 21 April 1990 applied to those governed by individual and collective employment contracts and did not apply to self-employed children. With reference to its comment under Convention No. 138, the Committee once again requests the Government to provide information on the measures adopted to ensure protection against hazardous work for children engaged in a non-wage economic activity, such as self-employed children.

Article 4(1). Determination of hazardous types of work. With reference to its previous comments, the Committee notes the Government’s indication that the issue of determining hazardous types of work has been taken into account in the context of the new Labour Code that is currently being prepared and that the organizations of employers and workers have been consulted in this respect. The Committee expresses the strong hope that the revision of the Labour Code will be completed in the near future and that it will contain provisions determining hazardous types of work prohibited for children under 18 years of age. It requests the Government to provide information on any progress achieved in this respect.

Article 7(2). Effective and time-bound measures. The Committee took due note of the information provided by the Government concerning the awareness-raising activities for the population organized in 2007 on action to combat child labour, and particularly the World Day against Child Labour devoted to the elimination of child labour in agriculture. It also took due note of the measures adopted in respect of education, and particularly the adoption of the National Action Programme (2008–15), which includes among its objectives access to basic education for all. The Committee encourages the Government to continue its efforts to combat child labour, and particularly its worst forms.

Clauses (a) and (b). Preventing children from being engaged in the worst forms of child labour, removing them from these worst forms of child labour and ensuring their rehabilitation and social integration. Trafficking of children. In its previous comments, the Committee noted that, in its concluding observations of October 2005 (CRC/C/15/Add.269), the Committee on the Rights of the Child expressed serious concern at the inadequate nature of the services for the rehabilitation and social integration of child victims of trafficking. It noted that the Government has not provided information on this issue. The Committee therefore once again requests the Government to provide information on the time-bound measures taken to: (a) prevent children from becoming victims of trafficking for the purposes of economic or sexual exploitation; and (b) ensure the necessary and appropriate direct assistance for the removal of child victims of this worst form of child labour and for their rehabilitation and social integration.

Clause (d). Children particularly exposed to risk. Street children. The Committee noted previously that, in its concluding observations of October 2005 (CRC/C/15/Add.269, paragraph 76), the Committee on the Rights of the Child noted the conclusions of a study conducted in 2001 according to which socio-economic problems such as poor housing conditions, unemployment and poverty, and also family problems, such as violence and abuse in the family, drive children to live in the streets. Moreover, the Committee on the Rights of the Child expressed concern at the limited access of street children to adequate social and health services and at that their venerability to economic and sexual exploitation. Noting the absence of information in the Government’s report, the Committee once again recalls that street children are particularly exposed to the worst forms of child labour and it requests the Government to take the necessary measures to protect them from the worst forms of child labour and to ensure their rehabilitation and social integration. It requests the Government to provide information on developments in this respect.

Article 8. Cooperation. 1. Cooperation agreements. In its previous comments, the Committee indicated that bilateral or international cooperation between the enforcement bodies and the judicial authorities is essential to prevent and eliminate the worst forms of child labour, and particularly the sale and trafficking of children, through the gathering and exchange of information and through assistance in identifying and prosecuting the individuals involved and repatriating victims. Noting the lack of information in the Government’s report, the Committee requests it once again to take the necessary measures to conclude bilateral or multilateral agreements and adopt cooperation programmes with the countries of origin and transit of child victims of trafficking, thereby re-enforcing security measures aimed at the prevention and elimination of this worst form of child labour. It requests the Government to provide information in this respect.

2. Poverty reduction. With reference to its previous comments, the Committee noted the information provided by the Government according to which it has adopted social and economic measures to combat child labour and its worst forms, including in particular the provision of education grants to assist poor families. Considering that poverty reduction programmes contribute to breaking the cycle of poverty, which is essential for the elimination of the worst forms of child labour, the Committee encourages the Government to pursue its efforts to this end.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s indication that the survey on the legal age for work conducted by the labour inspectorate in 2006 shows that a very low proportion of children under the age of 16 years are in engaged in work in the country, namely 0.54 per cent of the total number. According to the Government, these statistics confirm that Algeria is not at all concerned by the worst forms of child labour. The Committee however noted that, according to the information of the Committee on the Rights of the Child referred to under Article 3(a) and (b) of the Convention concerning the sale and trafficking of children and child prostitution, problems exist in the country in relation to these worst forms of child labour. According to the Government, a survey by the labour inspection services is envisaged in the third quarter of 2008. The Committee therefore hopes that the Government will be in a position to provide information in its next report on the application of the Convention in practice. In this respect, 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 covered by the measures giving effect to the Convention, the number and nature of the infringements reported, investigations, prosecutions, convictions and penal sanctions applied. To the extent possible, the information provided should be disaggregated by sex.

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

Article 3 of the Convention. Clause (a). Worst forms of child labour. 
1. 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. It reminded the Government that, under Article 3(a) of the Convention, the sale and trafficking of children are prohibited for both sexual and labour exploitation. The Committee also noted that, in its concluding observations on the second periodic report of Algeria of October 2005 (CRC/C/15/Add.269, paragraphs 78 and 79), the Committee on the Rights of the Child noted with concern that children are victims of trafficking in Algeria and that the country is becoming a place of transit for trafficking between Africa and Western Europe. The Committee on the Rights of the Child strongly deplored the absence of a specific legal framework protecting children against this worst form of child labour and the inadequacy of measures to prevent and eliminate this phenomenon. It recommended the Government to establish a specific legal framework to prevent children from becoming the victims of trafficking for sexual exploitation or for other purposes and to define the term “trafficking” as a special criminal offence, in conformity with the definition contained in the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime. 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 the Government’s indication that the draft Labour Code that is currently being prepared introduces new provisions in this respect. The Committee therefore expresses the strong hope that the revision of the Labour Code will be completed in the very near future and that it will include specific provisions prohibiting the sale and trafficking of children under 18 years of age will be included and establish penal sanctions. The Committee requests the Government to provide information on any new developments in this respect. It also requests the Government to redouble its efforts to ensure that, in practice, all cases of the trafficking of children under 18 years of age give rise to investigations and that those guilty are charged, convicted and punished. In this respect, the Committee requests the Government to provide information on the number and nature of the contraventions reported, the investigations undertaken, prosecutions, convictions and the penal sanctions imposed.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee noted previously that, in its concluding observations of October 2005 (CRC/C/15/Add.269, paragraph 78), the Committee on the Rights of the Child 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 workers 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 that the Government’s report does not contain any information on this matter. The Committee therefore once again requests the Government to take the necessary measures to ensure that all cases of sexual exploitation of children under 18 years of age for commercial purposes are investigated and that the perpetrators are charged, convicted and punished. Furthermore, it once again asks the Government to provide information on the effect given in practice to sections 342 and 343 of the Penal Code and to provide, for example, statistics on the number and nature of the infringements reported, investigations, prosecutions, convictions and the penal sanctions imposed.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. In its previous comments, the Committee noted that no legislative provision prohibited this worst form of child labour and it requested the Government to indicate the measures taken to this effect. The Committee hopes that the draft Labour Code that is currently being prepared will introduce provisions prohibiting and penalizing the use, procuring or offering of a child under 18 years of age for the production of pornography or for pornographic performances. It requests the Government to provide information on any new development in this respect.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee noted previously that, even though the national legislation establishes severe penalties for the possession, use or trafficking of illegal drugs, no legislative provision prohibits the use, procuring or offering of a child under 18 years of age for the production and trafficking of drugs. The Committee hopes that the draft Labour Code that is currently being prepared will introduce provisions prohibiting and penalizing this worst form of child labour and it requests the Government to provide information on any new development in this respect.

Clause (d). Hazardous work. Self-employed children. In its previous comments, the Committee observed that Act No. 90/11 of 21 April 1990 applied to those governed by individual and collective employment contracts and did not apply to self-employed children. With reference to its comment under Convention No. 138, the Committee once again requests the Government to provide information on the measures adopted to ensure protection against hazardous work for children engaged in a non-wage economic activity, such as self-employed children.

Article 4, paragraph 1. Determination of hazardous types of work. With reference to its previous comments, the Committee notes the Government’s indication that the issue of determining hazardous types of work has been taken into account in the context of the new Labour Code that is currently being prepared and that the organizations of employers and workers have been consulted in this respect. The Committee expresses the strong hope that the revision of the Labour Code will be completed in the near future and that it will contain provisions determining hazardous types of work prohibited for children under 18 years of age. It requests the Government to provide information on any progress achieved in this respect.

Article 7, paragraph 2. Effective and time-bound measures. The Committee takes due note of the information provided by the Government concerning the awareness-raising activities for the population organized in 2007 on action to combat child labour, and particularly the World Day against Child Labour devoted to the elimination of child labour in agriculture. It also takes due note of the measures adopted in respect of education, and particularly the adoption of the National Action Programme (2008–15), which includes among its objectives access to basic education for all. The Committee encourages the Government to continue its efforts to combat child labour, and particularly its worst forms.

Clauses (a) and (b). Preventing children from being engaged in the worst forms of child labour, removing them from these worst forms of child labour and ensuring their rehabilitation and social integration. Trafficking of children. In its previous comments, the Committee noted that, in its concluding observations of October 2005 (CRC/C/15/Add.269), the Committee on the Rights of the Child expressed serious concern at the inadequate nature of the services for the rehabilitation and social integration of child victims of trafficking. It notes that the Government has not provided information on this issue. The Committee therefore once again requests the Government to provide information on the time-bound measures taken to: (a) prevent children from becoming victims of trafficking for the purposes of economic or sexual exploitation; and (b) ensure the necessary and appropriate direct assistance for the removal of child victims of this worst form of child labour and for their rehabilitation and social integration.

Clause (d). Children particularly exposed to risk. Street children. The Committee noted previously that, in its concluding observations of October 2005 (CRC/C/15/Add.269, paragraph 76), the Committee on the Rights of the Child noted the conclusions of a study conducted in 2001 according to which socio-economic problems such as poor housing conditions, unemployment and poverty, and also family problems, such as violence and abuse in the family, drive children to live in the streets. Moreover, the Committee on the Rights of the Child expressed concern at the limited access of street children to adequate social and health services and at that their venerability to economic and sexual exploitation. Noting the absence of information in the Government’s report, the Committee once again recalls that street children are particularly exposed to the worst forms of child labour and it requests the Government to take the necessary measures to protect them from the worst forms of child labour and to ensure their rehabilitation and social integration. It requests the Government to provide information on developments in this respect.

Article 8. Cooperation. 1. Cooperation agreements. In its previous comments, the Committee indicated that bilateral or international cooperation between the enforcement bodies and the judicial authorities is essential to prevent and eliminate the worst forms of child labour, and particularly the sale and trafficking of children, through the gathering and exchange of information and through assistance in identifying and prosecuting the individuals involved and repatriating victims. Noting the lack of information in the Government’s report, the Committee requests it once again to take the necessary measures to conclude bilateral or multilateral agreements and adopt cooperation programmes with the countries of origin and transit of child victims of trafficking, thereby re-enforcing security measures aimed at the prevention and elimination of this worst form of child labour. It requests the Government to provide information in this respect.

2. Poverty reduction. With reference to its previous comments, the Committee notes the information provided by the Government according to which it has adopted social and economic measures to combat child labour and its worst forms, including in particular the provision of education grants to assist poor families. Considering that poverty reduction programmes contribute to breaking the cycle of poverty, which is essetial for the elimination of the worst forms of child labour, the Committee encourages the Government to pursue its efforts to this end.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s indication that the survey on the legal age for work conducted by the labour inspectorate in 2006 shows that a very low proportion of children under the age of 16 years are in engaged in work in the country, namely 0.54 per cent of the total number. According to the Government, these statistics confirm that Algeria is not at all concerned by the worst forms of child labour. The Committee however notes that, according to the information of the Committee on the Rights of the Child referred to under Article 3(a) and (b) of the Convention concerning the sale and trafficking of children and child prostitution, problems exist in the country in relation to these worst forms of child labour. According to the Government, a survey by the labour inspection services is envisaged in the third quarter of 2008. The Committee therefore hopes that the Government will be in a position to provide information in its next report on the application of the Convention in practice. In this respect, 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 covered by the measures giving effect to the Convention, the number and nature of the infringements reported, investigations, prosecutions, convictions and penal sanctions applied. To the extent possible, the information provided should be disaggregated by sex.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s report. In particular, it notes the Government’s information concerning the measures taken in the field of education. Moreover, the Committee notes the Government’s indication that, in order to harmonize Algerian legislation on child protection with ratified international instruments, it has initiated a new draft law concerning child protection. The Committee hopes that the Government will take account of the issues raised below in the preparation and adoption of this draft law and asks it to supply information on all further developments in this respect.

Article 3 of the Convention. Worst forms of child labour. Clause (a). 
1. Sale and trafficking of children. In its previous comments, the Committee noted that sections 343 and 344 of the Penal Code prohibited the trafficking of persons, including children under 18 years of age, for the purposes of prostitution. It reminded the Government that, under the terms of Article 3(a) of the Convention, the sale and trafficking of children are prohibited not only for the purpose of sexual exploitation but also for the purpose of economic exploitation and requested it to take the necessary measures in this respect. The Committee notes the Government’s statement that the situation in Algeria differs considerably from what is observed in many other countries inasmuch as no cases of the worst forms of child labour have been recorded in the country.

The Committee notes, however, that the Committee on the Rights of the Child, in its concluding observations on the second periodic report of Algeria of October 2005 (CRC/C/15/Add.269), noted with concern that children were victims of trafficking in Algeria, that the country was becoming a place of transit for trafficking between Africa and Western Europe, and it strongly deplored the absence of a specific legal framework protecting children from trafficking and the inadequacy of measures aimed at preventing and eliminating this phenomenon. In particular, it recommended that the Government establish a specific legal framework aimed at preventing children from becoming the victims of trafficking for the purposes of sexual exploitation or for other purposes and that it should define the term “trafficking” as a special criminal offence, in conformity with the terms of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime. Like the Committee on the Rights of the Child, the Committee is concerned at the fact that children are victims of trafficking in Algeria and that the country is becoming a place of transit for trafficking between Africa and Western Europe. The Committee considers that the adoption of specific legal provisions relating to trafficking for the purposes of both economic and sexual exploitation will improve the protection of children under 18 years of age against this worst form of child labour and asks the Government to take the necessary measures for this purpose. It also requests the Government to renew its efforts to ensure that, in practice, all cases involving the trafficking of children under 18 years of age are investigated and that the perpetrators are charged, sentenced and punished. In this respect, the Committee requests the Government to supply information on the number and nature of infringements reported, inquiries conducted, prosecutions brought, convictions secured and penal sanctions applied.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes that the Committee on the Rights of the Child, in its concluding observations of October 2005 (CRC/C/15/Add.269), noted with deep concern that child prostitution was on the increase in the country and that not only girls but also boys who were working as salespersons, messengers or domestic workers were particularly at risk from sexual exploitation. The Committee notes that sections 342 and 343 of the Penal Code prohibit and punish the procuring or offering of persons, particularly children, for prostitution. In view of the above, the Committee requests the Government to take the necessary measures to ensure that all cases of sexual exploitation of children under 18 years of age for commercial purposes are investigated and that the perpetrators are charged, convicted and punished. It requests the Government to supply information on the application of these provisions in practice, particularly in the form of statistics on the number and nature of infringements reported, inquiries conducted, prosecutions brought, convictions secured and penal sanctions applied.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. In its previous comments, the Committee noted that no legislative provision prohibited this worst form of child labour and asked the Government to indicate the measures taken to this effect. The Committee notes the information supplied by the Government but observes that it does not deal with the use, procuring or offering of a child under 18 years of age for the production of pornography or for pornographic performances. The Committee once again asks the Government to supply information on the measures taken to ensure that the national legislation prohibits the use, procuring or offering of a child under 18 years of age for the production of pornography or for pornographic performances. Moreover, it asks the Government to establish penalties for this purpose.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee previously noted that, even though severe penalties were laid down for the possession, use or trafficking of illegal drugs in the national legislation, no legislative provision prohibited the use, procuring or offering of a child under 18 years of age for the production and trafficking of drugs. In this respect, the Committee notes the information supplied by the Government in its report. However, it notes that this information deals with the sale or offering of drugs and psychotropic substances to persons even though Article 3(c) of the Convention prohibits the use, procuring or offering of a child under 18 years of age for illicit activities, particularly for the production and trafficking of drugs. The Committee therefore once again asks the Government to indicate the measures taken in order to prohibit this worst form of child labour. Moreover, it asks the Government to establish penalties for this purpose.

Article 3(d). Hazardous work. Self-employed workers. In its previous comments, the Committee observed that section 1 of Act No. 90/11 of 21 April 1990 concerning conditions of work governs individual and collective employment relationships between wage workers and employers. It noted that this provision of Act No. 90/11 does not apply to employment relationships not resulting from a contract, such as self-employment involving children. Noting the absence of information on this point in the Government’s report, the Committee once again asks the Government to indicate the measures taken or envisaged to ensure protection against hazardous work for children engaged in non-wage economic activity, such as self-employment.

Article 4, paragraph 1. Determination of hazardous work. In its previous comments, the Committee noted the Government’s information that the
inter-ministerial committee had recommended the adoption of legislative texts to cover hazardous types of work which are prohibited for children under 18 years of age. The Committee observes, as indicated by the Government in its report, that the labour legislation in force has taken account of the issue of hazardous work but in a general manner. It reminds the Government that, under Article 4, paragraph 1, of the Convention, hazardous types of work must be determined by the national legislation or the competent authority, after consultation of the employers’ and workers’ organizations. The Committee therefore once again asks the Government to supply information on the measures taken to determine hazardous types of work, after consultation of the employers’ and workers’ organizations. The Committee hopes that the Government, when determining hazardous types of work, will take account of the types of work described in Paragraph 3 of Recommendation No. 190.

Article 7, paragraph 2. Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour, removing children from the worst forms of child labour and ensuring their rehabilitation and social integration. Referring to its previous comments, the Committee notes that the Committee on the Rights of the Child, in its concluding observations on the second periodic report of Algeria of October 2005 (CRC/C/15/Add.269), expressed serious concern at the inadequate nature of the services for the rehabilitation and social integration of child victims of trafficking. The Committee asks the Government to supply information on the time-bound measures taken to: (a) prevent children from becoming victims of trafficking for the purposes of economic or sexual exploitation; and (b) provide the necessary and appropriate direct assistance for the removal of child victims of trafficking and for their rehabilitation and social integration.

Clause (d). Children particularly exposed to risk. Street children. The Committee notes that the Committee on the Rights of the Child, in its concluding observations of October 2005 (CRC/C/15/Add.269), noted the conclusions of a study conducted in 2001 according to which socio-economic problems, such as poor housing, unemployment and poverty, and also family problems such as domestic violence and abuse, drive children to live on the streets. Moreover, the Committee on the Rights of the Child expressed its concern at street children’s limited access to adequate social and health services and at their vulnerability to economic and sexual exploitation. Recalling that street children are particularly exposed to the worst forms of child labour, the Committee encourages the Government to take the necessary measures to protect them from the worst forms of child labour and ensure their rehabilitation and social integration.

Article 8. Cooperation. 1. Cooperation agreements. The Committee is of the opinion that bilateral or international cooperation between the law enforcement bodies and the judicial authorities is essential for preventing and eliminating the worst forms of child labour, particularly the sale and trafficking of children, through the gathering and exchange of information and through assistance aimed at identifying and prosecuting the individuals involved and repatriating the victims. It therefore requests the Government to take the necessary measures to conclude bilateral or multilateral agreements and adopt programmes of cooperation with the countries of origin and transit of child victims of trafficking, thereby reinforcing security measures aimed at the prevention and elimination of this worst form of child labour. It asks the Government to supply information in this respect.

2. Poverty reduction. The Committee previously noted that the Government was the recipient of cooperation programmes and financial aid from the UNDP, aimed at implementing various measures to combat the worst forms of child labour and other poverty-related issues. It notes the Government’s information that social and economic measures have been adopted in the field of education to help children with low-income parents and establish a programme of assistance to low-income families. Having regard to the fact that poverty reduction programmes contribute towards breaking the cycle of poverty, which is essential for eliminating the worst forms of child labour, the Committee asks the Government to continue its efforts in this field.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes 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 3 of the Convention. The worst forms of child labour. Clause (a). Sale and trafficking of children. The Committee notes that the Government does not provide any information on this subject. It notes, however, that section 343 of the Penal Code punishes anyone who knowingly: (1) aids, assists or protects in any way the prostitution of others or soliciting for the purpose of prostitution; (5) enlists, entices or maintains a person even of majority age, and even with that person’s consent, for the purpose of prostitution, or delivers that person to prostitution or debauchery; (6) acts as an intermediary in any capacity between persons engaging in prostitution or debauchery and individuals who exploit or remunerate the prostitution or debauchery of others. Section 344 of the Penal Code states that the penalties imposed under section 343 are increased where: (7) the victims of the offence have been delivered or incited to deliver themselves to prostitution outside Algerian territory; and (8) the victims of the offence have been delivered or incited to deliver themselves to prostitution on their arrival or within a short time of their arrival on Algerian territory. Section 344(2) states that any attempt at the specified offences is liable to the punishment stipulated for actually committed offences. The Committee reminds the Government, however, that Article 3, clause (a), of the Convention defines as one of the worst forms of child labour the sale and trafficking of children, not only for the purpose of sexual exploitation but also for the purpose of economic exploitation. It therefore requests the Government to indicate the measures taken or envisaged to secure the prohibition and elimination of the sale and trafficking of children for the purposes of economic exploitation.

Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes that section 448 of the Penal Code punishes anyone who displays or causes to be displayed on the public highway or in public places, notices or images which are an affront to public decency. The Committee reminds the Government, however, that Article 3(b) of the Convention considers the use, procuring or offering of a child for the production of pornography or for pornographic performances as one of the worst forms of child labour. It appears that no legislative provision prohibits this worst form of child labour. The Committee therefore requests the Government to indicate the measures taken to secure the prohibition of this worst form of child labour for all persons (girls and boys) under 18 years of age.

Clause (c). Use, procuring or offering a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes that the Government’s reports do not contain any information on this subject. It notes, however, that, although there are strict penalties for the possession, use and trafficking in illegal drugs, there appears to be no legislative provision that prohibits the use, procuring or offering of a child for the production and trafficking of drugs, in accordance with Article 3(c) of the Convention. The Committee therefore requests the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of a child under 18 years of age for illicit activities, in particular for the production and trafficking of drugs, and, if appropriate, to communicate the corresponding legislative provisions.

Article 3(d). Hazardous work. The Committee notes that section 15(3) of Act No. 90-11 of 21 April 1990 provides that working minors may not be employed in work which is hazardous, insalubrious and harmful to their health or morals. The Committee notes, however, that national legislation does not contain any precise definition of the expression “working minor”. The Committee therefore requests the Government to indicate the meaning of the expression “working minor” contained in section 15(3) of the Act.

Self-employed workers. The Committee observes that section 1 of Act No. 90‑11 of 21 April 1990 concerning conditions of work governs individual and collective labour relations between hired workers and employers. The Committee notes that, by virtue of this provision, Act No. 90-11 does not apply to labour relations which do not result from a contract, such as work performed by children on their own account. The Committee therefore requests the Government to indicate the measures taken or envisaged to ensure the protection of children performing a non-wage economic activity, such as work performed by children on their own account, against 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, paragraph 1. Determination of hazardous work. The Committee notes the information provided by the Government in its first report to the effect that, among the recommendations of the Interministerial Commission set up in March 2003, legislative texts whose nature has not yet been defined are to cover this aspect. The Committee also notes that section 28 of Act No. 90-11 prohibits the employment of workers under 19 years of age for night work. It also notes that section 11 of Act No. 88-07 concerning occupational health, safety and medicine provides that the employer must ensure that work assigned to women, working minors and disabled workers is not beyond their strength. While noting this information, the Committee draws the Government’s attention to Article 4, paragraph 1, of the Convention which states that the types of work referred to under Article 3(d) shall be determined by national laws or regulations or by the competent authority after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). The abovementioned paragraph 3 states that, in determining the types of work referred to under Article 3(d) of the Convention and in identifying where they exist, consideration should be given inter alia to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, underwater, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in an unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels or vibrations damaging to their health; (e) work under particularly difficult conditions such as work for long hours or during the night or work where the child is unreasonably confined to the premises or the employer. The Committee requests the Government to provide information on the measures taken or envisaged for determining types of hazardous work, after consultation with the organizations of employers and workers concerned, in accordance with Articles 3(d) and 4 of the Convention. The Committee hopes that the Government, in determining the types of hazardous work, will take into consideration the types of work listed in Paragraph 3, of Recommendation No. 190.

Article 5. Mechanisms to monitor the implementation of the provisions giving effect to the Convention. The Committee notes that the Government states that young workers have rights and obligations conferred on them by legislation and benefit from specific protection on account of their young age. It also notes the information provided by the Government to the effect that the labour inspectorate monitors and supervises the application of the relevant legislation. The Committee requests the Government to provide information on the operation of the labour inspectorate, in particular by means of extracts from reports or documents. It also requests the Government to indicate the consultations held with employers’ and workers’ organizations, in accordance with Article 5 of the Convention.

Article 6. Programmes of action for eliminating the worst forms of child labour. The Committee notes the information provided by the Government in its first report to the effect that an Interministerial Commission was set up in March 2003, responsible for adopting a set of measures in the context of the fight against child labour. The Commission’s focus is on identifying the best channels for alerting and informing state institutions and civil associations of the dangers of the exploitation of young children and of the associated major risks for their health. The Committee requests the Government to provide information on the measures approved by this Commission, and on their implementation, for the purpose of eliminating as a priority the worst forms of child labour, in accordance with Article 6 of the Convention. The Committee also recalls that Article 6 of the Convention states that these programmes of action shall be designed and implemented in consultation with relevant government institutions and employers’ and workers’ organizations.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes the absence of information on this point in the Government’s reports. The Committee therefore requests it to provide detailed information on effective time-bound measures taken to: (d) identify children who are particularly at risk and establish direct contact with them; and (e) take account of the particular situation of girls.

Clause (b). Removing children from the worst forms of child labour and ensuring their rehabilitation and social integration. The Committee notes that, in the context of preparations for the Second World Congress against Commercial Sexual Exploitation of Children, which took place in Yokohama in December 2001, an Arab-African regional preparatory conference prior to the Congress took place in Morocco in September 2001. This conference brought together the representatives of 65 countries, including Algeria. The Committee notes that the report on the situation of the sexual exploitation of children in the Middle East and North Africa (MENA) region indicates (page 3) that it is very difficult to assess the scale of the sexual exploitation of children in the countries concerned, for a number of reasons, and that the data collected by the police and judiciary only reflect part of the reality. In Algeria in 1999, a total of 1,180 cases of sexual abuse were recorded and, during the first six months of 2000, there were 358 cases, with approximately two-thirds of them involving girls. The Committee also notes that, according to the same report (page 5), as regards child pornography, sex tourism and the use of new technologies (Internet), no data exist and these forms of sexual exploitation are considered nonexistent in the region. The report states that the explosive growth of the sex industry, the use of new information technologies and their impact on the massive worldwide commercialization of children as sexual objects, do not appear to be a source of concern for the countries of the region. The Committee notes that the Government, in its report submitted to the Committee on the Rights of the Child (CRC/C/93/Add.7, page 19), states that a study on sexual exploitation will be launched soon. It requests the Government to communicate the results of this study, in particular statistics, and to indicate the effective and time-bound measures taken to remove children from sexual exploitation for commercial purposes and provide for their rehabilitation and social integration.

Article 7, paragraph 3. Designation of the competent authority responsible for the implementation of the provisions giving effect to the Convention. The Committee notes that the Government states in its first report that any violation of the prohibition on the worst forms of child labour, if it existed, would be a civil security issue and would therefore be a matter for the police departments responsible for criminal investigation. The Committee also notes that the Government states that the labour inspectorate is responsible for monitoring and applying the Act. It notes in this regard that section 138 of Act No. 90-11 of 25 April 1990 concerning labour relations states that labour inspectors observe and record infringements to the provisions of the present Act, in conformity with labour legislation. It also notes the information submitted by the Government to the Committee on the Rights of the Child in 2003 (CRC/C/93/Add.7, p. 70), according to which, in the context of ensuring the general observance of legislative provisions applicable to dangerous work for minors, the general labour inspectorate has stepped up its on-site visits in public and private enterprises throughout the country. The Government explains that these inspections have shown that only private enterprises have been the subject of sanctions and contraventions with regard to legislation on child labour. The Committee notes, however, pursuant to the direct request relating to the Labour Inspection Convention, 1947 (No. 81), which it presented in 2001 and, according to the information provided by the Government in its report, that for a total of 951 inspectors operating throughout the country there are 71 vehicles available, which represents an average of one vehicle for more than 13 inspectors, and that the budget intended to cover the travel costs of labour inspectors is very limited. It also notes that the number of establishments liable to inspection is not given, even though this is a crucial item of data for evaluating the degree of efficiency of the labour inspection services. The Committee therefore requests the Government to indicate the measures taken or envisaged for strengthening the means at the disposal of the labour inspectors. It also requests the Government to provide information on the operation of the labour inspectorate and to indicate the appropriate mechanisms which it has established to monitor the implementation of the provisions of the Convention.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes the absence of information on this point in the Government’s reports. It therefore 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 covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties in respect of the offences referred to in Article 3 of this request. To the extent possible, all information provided should be disaggregated by sex.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s first and second reports. It requests the Government to provide information on the following points.

Article 3 of the Convention. The worst forms of child labour. Clause (a). 1. The sale and trafficking of children. The Committee notes that the Government does not provide any information on this subject. It notes, however, that section 343 of the Penal Code punishes anyone who knowingly: (1) aids, assists or protects in any way the prostitution of others or soliciting for the purpose of prostitution; (5) enlists, entices or maintains a person even of majority age, and even with that person’s consent, for the purpose of prostitution, or delivers that person to prostitution or debauchery; (6) acts as an intermediary in any capacity between persons engaging in prostitution or debauchery and individuals who exploit or remunerate the prostitution or debauchery of others. Section 344 of the Penal Code states that the penalties imposed under section 343 are increased where: (7) the victims of the offence have been delivered or incited to deliver themselves to prostitution outside Algerian territory; and (8) the victims of the offence have been delivered or incited to deliver themselves to prostitution on their arrival or within a short time of their arrival on Algerian territory. Section 344(2) states that any attempt at the specified offences is liable to the punishment stipulated for actually committed offences. The Committee reminds the Government, however, that Article 3, clause (a), of the Convention defines as one of the worst forms of child labour the sale and trafficking of children, not only for the purpose of sexual exploitation but also for the purpose of economic exploitation. It therefore requests the Government to indicate the measures taken or envisaged to secure the prohibition and elimination of the sale and trafficking of children for the purposes of economic exploitation.

2. The forced or compulsory recruitment of children for use in armed conflict. The Committee notes that section 1 of Ordinance No. 74-103 of 15 November 1974 concerning the Code of National Service, and the National Service Charter of 10 December 1974, set the age of enlistment at 19 years for all persons of Algerian nationality.

Clause (b). 1. The use, procuring or offering of a child for prostitution. The Committee notes that section 342 of the Penal Code punishes anyone who habitually incites, promotes or facilitates the debauchery or corruption of persons under 21 years of age, of either sex, or even occasionally, with regard to persons under 15 years of age. It also notes that section 343 of the Penal Code punishes anyone who knowingly: (1) aids, assists or protects in any way the prostitution of others or soliciting for the purpose of prostitution; (5) enlists, entices or maintains a person even of majority age, and even with that person’s consent, for the purpose of prostitution or delivers that person to prostitution or debauchery; (6) acts as intermediary in any capacity, between persons engaging in prostitution or debauchery and the individuals who exploit or remunerate the prostitution or debauchery of others; and (7) by means of threats, pressure, manipulation or by any other means obstructs prevention, control, assistance or rehabilitation measures taken by qualified bodies in favour of persons engaging in prostitution or in danger of prostitution. The Committee also notes that, under section 345 of the Penal Code, the penalties for these acts are incurred even if some of the acts constituting the infringement have been accomplished outside the territory of the Republic. Section 346 of the Penal Code punishes anyone possessing, managing, operating, financing or helping to finance a hotel, furnished house, guest house, drinking establishment, restaurant, club, society, dance hall, show venue or annexes thereof, or any place open to the public or used by the public, who habitually agrees to or tolerates one or more persons engaging in prostitution within the establishment or its annexes or seeking clients there for the purpose of prostitution. The Committee also notes that section 347 punishes anyone who, by gestures, words, in writing or by any other means, publicly engages in soliciting persons of either sex for the purpose of luring them into debauchery. Finally, section 348 of the Penal Code punishes anyone who tolerates the habitual and secret practice of debauchery by persons engaging in prostitution in premises or locations which are not used by the public and of which he avails himself in any capacity.

2. The use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes that section 448 of the Penal Code punishes anyone who displays or causes to be displayed on the public highway or in public places, notices or images which are an affront to public decency. The Committee reminds the Government, however, that Article 3(b) of the Convention considers the use, procuring or offering of a child for the production of pornography or for pornographic performances as one of the worst forms of child labour. It appears that no legislative provision prohibits this worst form of child labour. The Committee therefore requests the Government to indicate the measures taken to secure the prohibition of this worst form of child labour for all persons (girls and boys) under 18 years of age.

Clause (c). The use, procuring or offering a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes that the Government’s reports do not contain any information on this subject. It notes, however, that, although there are strict penalties for the possession, use and trafficking in illegal drugs, there appears to be no legislative provision that prohibits the use, procuring or offering of a child for the production and trafficking of drugs, in accordance with Article 3(c) of the Convention. The Committee therefore requests the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of a child under 18 years of age for illicit activities, in particular for the production and trafficking of drugs, and, if appropriate, to communicate the corresponding legislative provisions.

Article 3(d). Hazardous work. The Committee notes that section 15(3) of Act No. 90-11 of 21 April 1990 provides that working minors may not be employed in work which is hazardous, insalubrious and harmful to their health or morals. The Committee notes, however, that national legislation does not contain any precise definition of the expression "working minor". The Committee therefore requests the Government to indicate the meaning of the expression "working minor" contained in section 15(3) of the Act.

Self-employed workers. The Committee observes that section 1 of Act No  90-11 of 21 April 1990 concerning conditions of work governs individual and collective labour relations between hired workers and employers. The Committee notes that, by virtue of this provision, Act No. 90-11 does not apply to labour relations which do not result from a contract, such as work performed by children on their own account. The Committee therefore requests the Government to indicate the measures taken or envisaged to ensure the protection of children performing a non-wage economic activity, such as work performed by children on their own account, against 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, paragraph 1. Determination of hazardous work. The Committee notes the information provided by the Government in its first report to the effect that, among the recommendations of the Interministerial Commission set up in March 2003, legislative texts whose nature has not yet been defined are to cover this aspect. The Committee also notes that section 28 of Act No. 90-11 prohibits the employment of workers under 19 years of age for night work. It also notes that section 11 of Act No. 88-07 concerning occupational health, safety and medicine provides that the employer must ensure that work assigned to women, working minors and disabled workers is not beyond their strength. While noting this information, the Committee draws the Government’s attention to Article 4, paragraph 1, of the Convention which states that the types of work referred to under Article 3(d) shall be determined by national laws or regulations or by the competent authority after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). The abovementioned paragraph 3 states that, in determining the types of work referred to under Article 3(d) of the Convention and in identifying where they exist, consideration should be given inter alia to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, underwater, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in an unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels or vibrations damaging to their health; (e) work under particularly difficult conditions such as work for long hours or during the night or work where the child is unreasonably confined to the premises or the employer. The Committee requests the Government to provide information on the measures taken or envisaged for determining types of hazardous work, after consultation with the organizations of employers and workers concerned, in accordance with Articles 3(d) and 4 of the Convention. The Committee hopes that the Government, in determining the types of hazardous work, will take into consideration the types of work listed in Paragraph 3 of Recommendation No. 190.

Article 5. Mechanisms to monitor the implementation of the provisions giving effect to the Convention. The Committee notes that the Government states that young workers have rights and obligations conferred on them by legislation and benefit from specific protection on account of their young age. It also notes the information provided by the Government to the effect that the labour inspectorate monitors and supervises the application of the relevant legislation. The Committee requests the Government to provide information on the operation of the labour inspectorate, in particular by means of extracts from reports or documents. It also requests the Government to indicate the consultations held with employers’ and workers’ organizations, in accordance with Article 5 of the Convention.

Article 6. Programmes of action for eliminating the worst forms of child labour. The Committee notes the information provided by the Government in its first report to the effect that an Interministerial Commission was set up in March 2003, responsible for adopting a set of measures in the context of the fight against child labour. The Commission’s focus is on identifying the best channels for alerting and informing state institutions and civil associations of the dangers of the exploitation of young children and of the associated major risks for their health. The Committee requests the Government to provide information on the measures approved by this Commission, and on their implementation, for the purpose of eliminating as a priority the worst forms of child labour, in accordance with Article 6 of the Convention. The Committee also recalls that Article 6 of the Convention states that these programmes of action shall be designed and implemented in consultation with relevant government institutions and employers’ and workers’ organizations.

Article 7, paragraph 1. Penalties. The Committee notes that section 342 of the Penal Code imposes a penalty of imprisonment of two to five years and a fine of 500 to 25,000 DA (Algerian dinars) for anyone who habitually incites, promotes or facilitates the debauchery or corruption of minors. Section 343 of the Penal Code also imposes punishment of imprisonment of six months to three years and a fine of 500 to 20,000 DA for anyone who: (1) aids, assists or protects prostitution of others or soliciting for the purpose of prostitution; (5) enlists, entices or maintains a person even of majority age and even with that person’s consent, for the purpose of prostitution or delivers that person to prostitution or debauchery; (6) acts as intermediary in any capacity between persons engaging in prostitution or debauchery and individuals who exploit or remunerate the prostitution or debauchery of others. Section 344 of the Penal Code provides that the penalties laid down in section 344 are increased to imprisonment of two to five years and a fine of 1,000 to 40,000 DA where: (1) the offence has been committed with regard to a person under 18 years of age; (7) the victims of the offence have been delivered or incited to deliver themselves to prostitution outside Algerian territory; (8) the victims of the offence have been delivered or incited to deliver themselves to prostitution on their arrival or within a short time of their arrival on Algerian territory. The Committee also notes that section 346 of the Penal Code imposes a penalty of imprisonment of two to five years and a fine of 1,000 to 40,000 DA for anyone possessing, managing, operating, financing or helping to finance a hotel, furnished house, guest house, drinking establishment, restaurant, club, society, dance hall, show venue or annexes thereof, or any place open to the public or used by the public, who habitually agrees to or tolerates one or more persons engaging in prostitution within the establishment or its annexes or seeking clients there for the purpose of prostitution. The same penalties are applicable to any person assisting the said persons who possess, manage, supervise or sponsor. Section 346(3) states that any attempt at the offences covered by the present section is liable to the penalties laid down for offences actually committed. The Committee notes furthermore that section 347 of the Penal Code lays down the penalty of imprisonment of two months to one year and a fine of 500 to 2,000 DA for anyone who, by gestures, words, in writing or by any other means, publicly engages in soliciting persons of either sex for the purpose of luring them into debauchery. An attempted offence is liable to the same penalties as an actually committed offence. Finally, section 349 of the Penal Code states that anyone found guilty of the offences covered by the present section (i.e. section 342 of the Penal Code onwards) may in addition incur, for a minimum of one year and a maximum of five years, a prohibition on one or more of the rights referred to in section 14 (i.e. "reduction of civic status") and a prohibition on residence.

The Committee notes that section 140 of Act No. 90-11 of 21 April 1990 on labour relations provides that recruitment of a young worker who has not attained the age stipulated by the Act shall incur a fine of 1,000 to 2,000 DA, except in the case of a contract of apprenticeship drawn up in accordance with the legislation and regulations in force. In the case of a repeat offence, a prison sentence of 15 days to two months may be imposed, without prejudice to a fine which may be double that provided for in the preceding paragraph. Section 141 of the same Act states that anyone infringing the provisions of the present Act concerning the conditions of employment of young workers and women will be liable to a fine of 2,000 to 4,000 DA applied as many times as the number of infringements recorded. The Committee also notes that section 143 of the Act of 25 April 1990 provides that anyone contravening the provisions of the present Act, relating in particular to night work for young people, shall be liable to a fine of 500 to 1,000 DA applied for each of the infringements observed and as many times as there are workers concerned. The Committee asks the Government to provide information on the application of these penalties in practice.

The Committee notes, however, that these amounts, the value of which has been significantly eroded by the currency devaluations of the last decade, are not sufficiently dissuasive to encourage employers to respect the provisions concerned. Indeed, 1,000 DA is the equivalent of approximately US$14, and the average per capita income is US$1,630, according to the Government’s report submitted to the Committee on the Rights of the Child (CRC/C/93/Add.7, page 4). The Committee hopes that measures will be taken to revise the amounts of monetary penalties in order to adapt them to the new economic conditions in order to ensure observance of the provisions aimed at securing the prohibition and elimination of the worst forms of child labour.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes the absence of information on this point in the Government’s reports. The Committee therefore requests it to provide detailed information on effective time-bound measures taken to: (d) identify children who are particularly at risk and establish direct contact with them; and (e) take account of the particular situation of girls.

Clause (a). Preventing children from being engaged in the worst forms of child labour. The Committee notes that article 53 of the Constitution and Ordinance No. 6/35 of 16 April 1976 concerning the organization of education and training provide that all children without distinction shall have equal access to compulsory education between 6 and 16 years of age. The Committee also notes that, according to the information submitted by the Government in its report to the Committee on the Rights of the Child (CRC/C/93/Add.7, page 50), the Decree concerning the compulsory nature of basic education provides for coercive measures with regard to parents or guardians who do not fulfil that obligation.

Clause (b). Removing children from the worst forms of child labour and ensuring their rehabilitation and social integration. The Committee notes that, in the context of preparations for the Second World Congress against Commercial Sexual Exploitation of Children, which took place in Yokohama in December 2001, an Arab-African regional preparatory conference prior to the Congress took place in Morocco in September 2001. This conference brought together the representatives of 65 countries, including Algeria. The Committee notes that the report on the situation of the sexual exploitation of children in the Middle East and North Africa (MENA) region indicates (page 3) that it is very difficult to assess the scale of the sexual exploitation of children in the countries concerned, for a number of reasons, and that the data collected by the police and judiciary only reflect part of the reality. In Algeria in 1999, a total of 1,180 cases of sexual abuse were recorded and, during the first six months of 2000, there were 358 cases, with approximately two-thirds of them involving girls. The Committee also notes that, according to the same report (page 5), as regards child pornography, sex tourism and the use of new technologies (Internet), no data exist and these forms of sexual exploitation are considered nonexistent in the region. The report states that the explosive growth of the sex industry, the use of new information technologies and their impact on the massive worldwide commercialization of children as sexual objects, do not appear to be a source of concern for the countries of the region. The Committee notes that the Government, in its report submitted to the Committee on the Rights of the Child (CRC/C/93/Add.7, page 19), states that a study on sexual exploitation will be launched soon. It requests the Government to communicate the results of this study, in particular statistics, and to indicate the effective and time-bound measures taken to prevent children from being engaged in sexual exploitation for commercial purposes.

Article 7, paragraph 3. Designation of the competent authority responsible for the implementation of the provisions giving effect to the Convention. The Committee notes that the Government states in its first report that any violation of the prohibition on the worst forms of child labour, if it existed, would be a civil security issue and would therefore be a matter for the police departments responsible for criminal investigation. The Committee also notes that the Government states that the labour inspectorate is responsible for monitoring and applying the Act. It notes in this regard that section 138 of Act No. 90-11 of 25 April 1990 concerning labour relations states that labour inspectors observe and record infringements to the provisions of the present Act, in conformity with labour legislation. It also notes the information submitted by the Government to the Committee on the Rights of the Child in 2003 (CRC/C/93/Add.7, p. 70), according to which, in the context of ensuring the general observance of legislative provisions applicable to dangerous work for minors, the general labour inspectorate has stepped up its on-site visits in public and private enterprises throughout the country. The Government explains that these inspections have shown that only private enterprises have been the subject of sanctions and contraventions with regard to legislation on child labour. The Committee notes, however, pursuant to the direct request relating to the Labour Inspection Convention, 1947 (No. 81), which it presented in 2001 and, according to the information provided by the Government in its report, that for a total of 951 inspectors operating throughout the country there are 71 vehicles available, which represents an average of one vehicle for more than 13 inspectors, and that the budget intended to cover the travel costs of labour inspectors is very limited. It also notes that the number of establishments liable to inspection is not given, even though this is a crucial item of data for evaluating the degree of efficiency of the labour inspection services. The Committee therefore requests the Government to indicate the measures taken or envisaged for strengthening the means at the disposal of the labour inspectors. It also requests the Government to provide information on the operation of the labour inspectorate and to indicate the appropriate mechanisms which it has established to monitor the implementation of the provisions of the Convention.

Article 8. Enhanced international cooperation and/or assistance. The Committee notes that the Government indicates in its first report that it benefits from cooperation programmes and from UNDP financial aid, intended for the implementation of various measures for combating the worst forms of child labour and other poverty-related aspects. The Committee notes that Algeria is a member of Interpol, an organization which aids cooperation between the countries of different regions, particularly in the fight against the trafficking of children. It also notes that Algeria ratified the Convention on the Rights of the Child in April 1993. The Committee also notes, according to the report submitted by the Government to the Committee on the Rights of the Child in 2003 (CRC/C/93/93/Add.7, page 17), that Algeria signed the African Charter on the Rights and Welfare of the Child in June 1999. It is also a member of the World Health Organization and UNICEF, as well as of various NGOs. The Committee encourages the Government to cooperate with other countries and requests it to provide detailed information on enhanced international cooperation and/or assistance, including by support measures for economic and social development, for poverty eradication programmes and for universal education.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes the absence of information on this point in the Government’s reports. It therefore 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 covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties in respect of the offences referred to in Article 3 of this request. To the extent possible, all information provided should be disaggregated by sex.