Observation (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - République démocratique du Congo (Ratification: 2001)

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Forced recruitment of children for use in armed conflict. In its previous comments, the Committee expressed its deep concern at the large number of children recruited by armed groups, including the armed forces.

The Committee notes the Government’s reference in its report to the adoption of the strategy of the Disarmament, Demobilization, Community Recovery and Stabilization Programme (P-DDRCS) in April 2022. This programme is based on five major pillars, consisting of: (i) conflict resolution; (ii) restoration of state authority and security; (iii) economic recovery and community reintegration; (iv) stabilization, economic and social development; and (v) communication and awareness-raising in the east of the country.

The Committee observes that, according to the report of 23 June 2022 of the United Nations (UN) Secretary-General (A/76/871-S/2022/493, paragraphs 52–68), the UN verified 3,546 violations committed against 2,979 children (2,090 boys, 889 girls) between January and December 2021. The report also mentions that: (1) a total of 565 children (487 boys, 78 girls) who had been separated from armed groups in 2021 were recruited again and used by these groups. Of these 565 children, 241 children were used in combat, 324 children were used in support roles and 42 girls were used for, and subjected to, sexual violence; (2) a total of 436 children (7 boys, 429 girls) were subjected to sexual violence, with 336 violations committed by armed groups and 100 by government forces; (3) a total of 684 children (416 boys, 268 girls) were abducted, 669 by armed groups and 15 by the armed forces; and (4) a total of 69 schools were attacked and four schools were used for military purposes by the national armed forces.

The Committee also notes that the UN Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations on the eighth periodic report in 2019 (CEDAW/C/COD/CO/8, paragraph 28), expressed concern at reports of trafficking in persons and of exploitation and forced prostitution of girls in conflict areas, including in North Kivu.

While noting the measures taken by the Government and recognizing the difficult situation prevailing in the country, the Committee once again expresses its deep concern at the persistent recruitment and use of children in armed conflict in the Democratic Republic of the Congo, especially as this gives rise to other serious violations of the rights of the child, such as abductions, killings, sexual violence and attacks on schools. The Committee therefore urges the Government: (1) to take measures with the utmost urgency to proceed, in the context of the P-DDRCS, with the immediate and full demobilization of all children and put an end in practice to the forced recruitment of children under 18 years of age into armed groups and the armed forces and to provide information on the results achieved; (2) to take immediate and effective measures to ensure the thorough investigation and prosecution of persons, including officers of the regular armed forces, who recruit children under 18 years of age for use in armed conflict, and to ensure that penalties constituting an effective deterrent are imposed in practice, pursuant to Act No. 09/001 of 10 January 2009; and (3) to provide information on the number of investigations conducted, prosecutions brought and convictions handed down with respect to such persons and the penalties imposed.

Clauses (a) and (d). Forced or compulsory labour and hazardous work. Child labour in mines. Further to its previous comments, the Committee duly notes the Government’s indications that a mechanism for the supervision, observation and monitoring of child labour in artisanal mines and at artisanal mining sites has been put in place in the context of the project entitled “Combating child labour in the Democratic Republic of the Congo’s cobalt industry (COTECCO)”, in partnership with the ILO and with funding from the US Government. This mechanism makes it possible: (1) to identify the real number of children working at artisanal mining sites; (2) to constitute a database of children working in mines; (3) to follow up the process of social/occupational or educational reintegration of children withdrawn from mining sites; and (4) to implement a communication and awareness-raising strategy for all stakeholders regarding action against child labour.

The Committee notes the adoption on 18 October 2017 of the plan for the implementation of the “National sectoral strategy to combat child labour in artisanal mines and at artisanal mining sites in the Democratic Republic of the Congo 2017–25” (CAB.MIN./MINES/02/1315/2017). The Committee also notes Ministerial Order No. 00122/CAB.MIN/MINES/01/2020 of 6 March 2020 on the establishment of the inter-ministerial committee for monitoring the issue of child labour in artisanal mines (CISTEMA), whose primary role is to implement the national strategy against child labour.

The Committee also notes that the UN Committee on Economic, Social and Cultural Rights (CESCR), in its concluding observations of 28 March 2022 (E/C.12/COD/CO/6, paragraph 44), expressed concern at the fact that, despite the adoption of the national sectoral strategy against child labour in artisanal mines and at artisanal mining sites for the 2017–25 period, large numbers of children continue to work in the mining sector.

While duly noting the measures taken by the Government, the Committee expresses its concern at the large number of children working in mines under hazardous conditions. The Committee requests the Government to provide information on the actual implementation of the “National sectoral strategy to combat child labour in artisanal mines and at artisanal mining sites in the Democratic Republic of the Congo 2017–25”. The Committee also requests the Government to provide information on the results achieved in the context of the COTECCO project. Furthermore, the Committee once again requests the Government to take the necessary steps to ensure the thorough investigation and effective prosecution of offenders and to ensure that penalties constituting an effective deterrent are imposed in practice.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour, removing them from such work and ensuring their rehabilitation and social integration. 1. Child soldiers. The Committee notes the Government’s indications that the P-DDRCS steering committee is functional, but it notes the absence of information on child soldiers.

The Committee notes the indication in the report of the UN Secretary-General of 21 March 2022 on the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo (MONUSCO) that Presidential Ordinance No. 22/003, published on 7 January, assigned to the Ministry of Defence and former combatants the responsibility for planning and implementing the demobilization of ex-combatants and children associated with the armed forces and armed groups with a view to reintegrating them in the community.

Furthermore, the Committee notes that the implementation of the “Accelerated presidential programme against poverty and inequality (PPA-LCPI)” will primarily target population groups which are extremely poor, vulnerable and exposed to security-related, endemic and environmental risks and that the provinces affected by armed conflict are considered as priority intervention areas for the programme.

However, the Committee notes that the UN Committee on Economic, Social and Cultural Rights (CESCR), in its concluding observations of 28 March 2022 (E/C.12/COD/CO/6, paragraph 44), expressed concern at the fact that, in the context of the armed conflict in the country, many children are in a situation of extreme vulnerability and neglect and are thus exposed to a risk of being recruited by armed groups. The Committee once again urges the Government to intensify its efforts and take effective and time-bound measures to remove children from the armed forces and armed groups and ensure their rehabilitation and social integration through the Ministry of Defence in the context of the P-DDRCS strategy. The Committee also requests the Government to provide information on the number of child soldiers, disaggregated by age and gender, who have been removed from the armed forces and armed groups and have been reintegrated through appropriate assistance with rehabilitation and social integration.

2. Children working in mines. The Committee takes due note of the Government’s indication in its report that in addition to the “National sectoral strategy against child labour in artisanal mines and at artisanal mining sites in the Democratic Republic of the Congo 2017–25” and the COTECCO project, other actions have been undertaken, including the “Project to support the alternative welfare of children and young people involved in the cobalt supply chain (PABEA-Cobalt) 2019–24”, which is being implemented and targets a total of 14,850 children and 6,250 parents. The Committee also notes the engagement of the Ministry of Mining in 2020 in the “Cobalt action partnership (CAP)”, whose objectives include: combating child labour and forced labour; implementing the Decent Work Country Programme (DWCP) 2021–24, including promoting decent employment for young persons in a post-conflict context and sustainable development in partnership with the ILO; and continuing with the “Plan for the elimination of the worst forms of child labour by 2020 (PAN)”. While noting the Government’s efforts to prevent the engagement of children under 18 years of age in work in mining and to remove them from this worst form of child labour, the Committee requests the Government to continue its efforts to implement the various projects to combat hazardous work for children in mining. It requests the Government to provide information on the results achieved in this regard. The Committee also requests the Government to provide information on necessary and appropriate direct assistance to ensure the rehabilitation and social integration of these children.

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