Solicitud directa (CEACR) - Adopción: 2004, Publicación: 93ª reunión CIT (2005)

Convenio sobre las peores formas de trabajo infantil, 1999 (núm. 182) - Argelia (Ratificación : 2001)

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.