Solicitud directa (CEACR) - Adopción: 2021, Publicación: 110ª reunión CIT (2022)

Convenio sobre las peores formas de trabajo infantil, 1999 (núm. 182) - Congo (Ratificación : 2002)

The Committee notes with deep concern that the report of the Government, due since 2009, has not been received. In view of the urgent appeal that it launched to the Government in 2019, the Committee proceeded with the examination of the application of the Convention on the basis of the information at its disposal.

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution. The Committee noted previously that the sexual exploitation of children is a widespread practice in the country. The Committee noted that section 334 of the Penal Code penalizes the procuring or offering of a child for prostitution, but requested the Government to indicate whether the national legislation included provisions which incriminate the client.

While reiterating its concern at the absence of a Government report, the Committee takes due note that sections 65–68 of Act No. 4-2010 of 14 June 2010 on child protection in the Republic of the Congo unequivocally prohibit all forms of sexual exploitation of children, including the use of a child for sexual activities in exchange for remuneration and the offering, procurement or provision of a child for prostitution. Sections 118–122 of the Act establish various penalties in the form of imprisonment and fines applicable to those who violate the aforementioned provisions, referring also to the penalties provided under the Penal Code.

However, the Committee notes the concern expressed by the United Nations Committee for the Elimination of Discrimination Against Women in its concluding observations of 14 November 2018, at the fact that poverty continues to compel many young women and girls into prostitution, in particular in the cities of Brazzaville and Pointe-Noire (CEDAW/C/COG/CO/7, para. 32). In view of this information, the Committee requests the Government to take immediate and effective measures to ensure that section 334 of the Penal Code and sections 65 – 68 of Act No. 4-2010 of 14 June 2010 are applied effectively. The Committee also requests the Government to provide information in this regard, including, for example, statistics relating to the number and nature of offences reported, investigations, prosecutions, convictions and penalties imposed.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee noted the Government’s statement that no legislative or regulatory provisions prohibit the use, procuring of offering of a child for illicit activities. It requested the Government to indicate the measures taken or contemplated for prohibiting this worst form of child labour. 

While reiterating its concern at the absence of a Government report, the Committee takes due that section 68 of Act No. 4-2010 of 14 June 2010 on child protection in the Republic of the Congo prohibits the worst forms of child labour, including the use, procuring or offering of a child for illicit activities, inter alia for the production and trafficking of drugs. Section 69 of the Act further prohibits the use of children in the production and sale of drugs, narcotics and alcohol. Pursuant to section 122 of the Act, anyone who violates the provisions of section 68 shall be liable to a penalty of from three months to one year of imprisonment and/or a fine of from 50,000 to 500,000 CFA francs. Lastly, pursuant to section 123, any person who has used a child in the production and trafficking of narcotics, drugs or alcohol shall be liable to a penalty of from one to five years of imprisonment and a fine of from 1,000,000 to 10,000,000 CFA francs.

Clause (d) and Article 4(1) and (3). Hazardous work and determination and revision of the list of types of hazardous work. Further to its previous comments, the Committee notes that section 68 of Act No. 4-2010 of 14 June 2010 on child protection in the Republic of the Congo prohibits the worst forms of child labour, including work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of the child. Furthermore, pursuant to this section, a decree adopted following the issuance of an opinion by the National Advisory Committee on Labour will establish the list and the kinds of work and categories of enterprise in which children may not be employed and the age up to which this prohibition applies. However, the Committee notes that it appears that, more than 10 years after the adoption of Act No. 4-2010 of 14 June 2010, the implementing decree for section 68 establishing the list and the kinds of work in which children may not be employed has still not been adopted. The Committee therefore requests the Government to take the necessary measures to ensure that the list of types of hazardous work prohibited for children under the age of 18 years contained in Order No. 2224 of 24 October 1953 is revised and that the implementing decree for section 68 of Act No. 4-2010 of 14 June 2010 is adopted, as soon as possible, in consultation with employers’ and workers’ organizations. It requests the Government to provide information on progress made in this regard in its next report.

Article 5. Monitoring mechanisms. The Committee noted previously that no provision has been made for a mechanism for dealing with the worst forms of child labour.

The Committee notes that section 61 of Act No. 4-2010 of 14 June 2010 on child protection in the Republic of the Congo provides that an order issued by the Minister of Social Affairs will establish early warning systems, as well as an observatory for children at risk, in order to observe, analyse and prevent the ill-treatment of and protect ill-treated children at the national level. The Committee observes, however, that the implementing order for section 61 has still not been adopted and the observatory for children at risk has still not been established. The Committee notes that the Committee on the Rights of the Child, in its concluding observations of 25 February 2014, expresses concern that, despite the existence of legal instruments prohibiting child labour, particularly in its worst forms, the law enforcement mechanisms are rarely implemented (CRC/C/COG/CO/2-4, para. 74). The Committee therefore once again requests the Government to take the necessary measures to establish a monitoring mechanism in addition to the inspectorate of labour and social legislation with regard to Article 3(a)–(c) of the Convention, which cover offences of a criminal nature. In this regard, it requests the Government to take the necessary measures to adopt the implementing order for section 61 of Act No. 4-2010 of 14 June 2010 and thus set up the observatory for children at risk. It requests the Government to provide information on progress made in this regard in its next report.

Article 6. Plans of action. Following its previous comments, the Committee takes note of the 2015 Strategic Framework for strengthening the national child protection system in the Republic of the Congo, achieved with support from the United Nations Children's Fund (UNICEF), with areas of action and targeted measures based on three crucial pillars: prevention, care and advocacy. The framework envisages three strategic areas, each subdivided into strategic objectives and actions. These objectives include: (i) the strengthening of the legal and regulatory framework, including the drafting and publication of implementing legislation for laws (including for Act No. 4-2010 of 14 June 2010); (ii) the development and establishment of community-based child protection mechanisms; (iii) the establishment and implementation of integrated child protection machinery/schemes in every department and district; (iv) building the capacities of child protection actors on protection and integrated care; (v) the strengthening of child protection in emergencies; (vi) the implementation of bodies/mechanisms for coordination and deliberations on childhood at the national and at the local level and of a follow-up/evaluation system to make the most of child protection interventions; and (vii) the promotion of positive social change by promoting interactive dialogue on equity, human rights and child protection. The Committee notes that, in the context of the Strategic Framework, children who work are considered to be in need of protection. The Committee requests the Government to provide information on the specific measures taken in the context of the Strategic Framework for strengthening the national child protection system, their impact on the elimination of the worst forms of child labour and the results achieved.

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. Following its previous comments, the Committee notes first of all that free primary and secondary education in state schools in Congo was established by Ministerial Order No. 278/MFB/MET/MEPSA of 20 March 2008.

The Committee notes that, according to the multiple indicator cluster survey (MICS5 2014–2015), carried out in cooperation with UNICEF, school indicators appear to have experienced an overall positive development. According to the survey, the rate of access to primary education was 96.55 per cent in 2015 as against 89.50 per cent in 2011, the primary completion rate 91.05 per cent in 2015 as against 85.32 per cent in 2011 and the transition rate to secondary education 86.75 per cent in 2015 as against 72.81 per cent in 2011. However, at the secondary level, only two thirds of children aged 12–18 years were in school (67 per cent), equally among boys (67 per cent) and girls (68 per cent). Of the remaining one third of children of this age, most were attending primary school (19 per cent) but more than one in seven children of secondary school age (14 per cent) were outside the education system. Among these, significant disparities existed between departments: there were less than 13 per cent in Brazzaville and Pointe-Noire, but more than 20 per cent in Kouilou, Lékoumou, Bouenza and Pool. With 21 per cent, rural areas were twice as disadvantaged as rural areas (11 per cent).

While reiterating its concern at the absence of a Government report, the Committee takes due note of the following positive developments. The Committee notes that the Congo developed an education sector strategy (SSE 2015-2025), based on three thematic areas, with a view to developing an effective education system that: (i) offers quality basic education to all (10-year basic education); (ii) responds to the human resources needs of an emerging economy; and (iii) makes the running and management of the education system effective. Furthermore, the Government adopted a national strategy for girls’ school enrolment (2015–2017) comprising three main areas of action, namely: (i) improving girls’ access to and retention in schools; (ii) improving girls’ school attendance at all levels of the education system; and (iii) strengthening institutional capacities for girls’ education. The objective of the strategy is to improve gender parity at all levels of the education system. The Committee also notes the UNICEF Strategic Plan 2018–2021, one of the goals of which relates to access to quality education for all children, as well as the programme to support actions to strengthen the education system in response to the COVID-19 crisis, in partnership with UNICEF. The latter aims, inter alia, to ensure continuity in learning, the reopening of schools, support for the mechanisms to strengthen the response and resilience of the education system and support for vulnerable children (children from rural areas, refugees, orphans, children with disabilities and girls). Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to continue to take all necessary measures to improve the functioning of the education system and ensure free basic education. It also requests the Government to provide detailed information on the results achieved, through the SSE 2015 – 2025, the national strategy for girls’ school enrolment (2015 – 2017) and the measures taken in conjunction with UNICEF, in particular with regard to school enrolment and completion rates in rural areas, disaggregated by age and gender.

Clause (d). Children at special risk. 1. Children orphaned as a result of HIV/AIDS. Following its previous comments, the Committee notes that, according to MICS5 2014–2015, 88 per cent of orphans aged 10–14 years who have lost their father and mother attend a school. In this situation, there are relatively fewer boys (83 per cent) than girls (89 per cent). The corresponding percentages are 93 per cent and 74 per cent, respectively, for urban and rural areas. The Committee further notes that according to UNAIDS 2020 estimates, there are some 73,000 orphans as a result of HIV/AIDS in the Congo.

The Committee notes that the most recent National Strategic Framework against HIV/AIDS covers the period 2014–2018. One aim of this Strategic Framework was to reduce HIV/AIDS-related morbidity and mortality and to improve the quality of life of persons living with HIV and their families. Recalling that orphaned children, in particular those orphaned as a result of HIV/AIDS, are at greater risk of becoming involved in the worst forms of child labour, the Committee requests the Government to continue to take effective, time-bound measures to protect them from these worst forms of child labour. It requests the Government to provide information on the measures taken in this respect and on the results achieved.

2. Refugees and internally displaced persons. According to a 2018 report entitled Analyse de la situation des enfants et des adolescents en République du Congo (Analysis of the situation of children in the Republic of the Congo), drafted by the Congolese Government in cooperation with UNICEF, the Congo has faced several humanitarian crises caused by the massive influx of refugees at its borders, particularly in the department of Likouala. The most recent humanitarian crisis to have provoked an influx of refugees to the Congo is linked to the socio-political conflicts in the Central African Republic since 2013. In 2016, there were an estimated 29,304 Central African refugees. In a context in which 72 per cent of the population of Likouala was living below the extreme poverty line, this situation has increased social demand and given rise to new problems, including in respect of access to education and vocational training. According to a fact sheet of the Office of the United Nations High Commissioner for Refugees (UNHCR) for September 2021, there are now 52,631 refugees and asylum seekers in the Congo (mostly from the Central African Republic and the Democratic Republic of the Congo) and 304,430 internally displaced persons. According to a UNICEF fact sheet for 2021, one third of asylum seekers in the Congo are children in need of psychosocial and educational support. Considering that child refugees and internally displaced children are at greater risk of becoming involved in the worst forms of child labour, the Committee requests the Government to take effective, time-bound measures to protect them from these worst forms of child labour. It requests the Government to provide information on the measures taken in this respect and the results achieved.

Article 8. International cooperation. Poverty reduction. The Committee notes that, according to the 2018 Analysis of the situation of children in the Republic of the Congo, six out of ten children were living in multidimensional poverty in 2015 and the most vulnerable were living in poor households, families with little education and/or female-headed households and indigenous communities. The Analysis, with reference to a 2017 report entitled Analyse de la pauvreté multidimensionnelle des enfants au Congo (Analysis of multidimensional poverty among children in the Congo), indicates that the level of multidimensional poverty among children under 18 years of age in the Congo is fairly high. Overall, 61 per cent of children in the Congo are living in multidimensional poverty, based on a poverty line established according to three deprivation measures. This figure represents approximately 1.3 million children, and the trend is more pronounced in rural than in urban areas.

The Committee notes that, according to the 2018 Analysis, the Congo continued with the elaboration of a new National Development Plan (PND) 2018–2022, which will provide a framework for the implementation of all policies and strategies relating to children. Furthermore, in order to expedite poverty reduction and compensate for the limited ability of most Congolese households to pay, a National Policy for Social Action (PNAS) was developed in 2012 and revised in 2017. This policy aims to build adequate and effective non-contributory social protection and disaster management systems. Considering that poverty reduction programmes contribute to breaking the cycle of poverty, which is essential for eliminating the worst forms of child labour, the Committee encourages the Government to redouble its efforts to reduce the incidence of poverty among the population, particularly in rural areas. In this regard, it requests the Government to provide information on the impact of the PND 2018–2022 and the PNAS of 2017 on the elimination of the worst forms of child labour.

Application of the Convention in practice. The Committee requested the Government to provide information on the application of the Convention in practice.

The Committee notes that, according to MICS5 2014–15, in practice, particularly in the informal sector, there are children under 18 years of age involved in various income-generating activities such as vehicle cleaning, “filling/loading” buses and street and/or retail vending. Others are involved in family or household activities. Participation in economic activities for long hours varies with age: 18 per cent of children aged 5–11 years engage in economic activities, as against 3 per cent of children aged 12–14 years and 1 per cent of those aged 15–17 years. With regard to children in household tasks, the survey indicates that 2.4 per cent of children surveyed aged 5–11 years and 5.7 per cent of those aged 12–14 years were engaged in such tasks for 28 hours or more per week, whereas 3.7 per cent of children aged 15–17 years were engaged in these tasks for 43 hours or more. The percentage of children involved in domestic tasks is higher in rural areas than in urban areas. Among the children aged 5–17 years who reported that they performed household tasks, 17 per cent reported that they were working in hazardous conditions. While noting the information available through the MICS5 2014-15, the Committee encourages the Government to ensure that detailed and more recent data are available on the number of children under 18 years of age who are working in hazardous conditions, and to provide information in this regard.