Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Democratic Republic of the Congo (Ratification: 2001)

Articles 3 and 7(1) of the Convention. Worst forms of child labour and penalties. 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 persistent use and recruitment of children in armed conflict.

The Committee notes the information of 4 July 2023 on the website of the communications department of the Disarmament, Demobilization, Community Recovery and Stabilization Programme (P-DDRCS) that between 2022 and 2023 an interprovincial workshop was held to perform a broad contextual analysis of the recruitment and use of children by armed forces and groups in five eastern provinces (North Kivu, South Kivu, Ituri, Tanganyika and Maniema).

The Committee also notes the Government’s indication of the promulgation of Act No. 22/067 of December 2022, increasing penalties for trafficking in persons, and amending and supplementing the Decree of 30 January 1940 on the Congolese Criminal Code relating to the prevention and punishment of trafficking in persons.

The Committee also notes the information in the report of the Secretary-General of the United Nations General Assembly Security Council of June 2024, on children and armed conflict according to which: (1) a total of 1,861 children (1,535 boys and 326 girls) have been recruited and used by various armed groups; (2) a total of 281 cases of sexual violence (2 boys and 279 girls) committed by armed groups and armed forces have been reported, including 155 cases of rape, 50 cases of gang rape, 37 cases of sexual slavery and 37 cases of forced marriage; and (3) a total of 88 attacks on schools have been perpetrated by armed groups and armed forces and 41 schools have been used for military purposes by the armed forces. Furthermore, the Secretary-General stated his deep concern at the high number of grave violations against children, particularly by armed groups, and the new increase in grave violations, particularly the recruitment and use of children (A/78/842–S/2024/384, paragraphs 56–62).

The Committee notes with regret the absence of information in the Government’s report on the investigations conducted and the prosecution of, and penalties imposed on, persons who recruit children under 18 years of age for use in armed conflict.

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 requests the Government to: (i) continue to take measures with the utmost urgency to proceed 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 continue to provide information on the results achieved; (ii) take immediate and effective measures to ensure that the thorough investigation and prosecution of persons who recruit children under 18 years of age for use in armed conflict are carried through, and that penalties constituting an effective deterrent are imposed in practice, pursuant to Act No. 09/001 of 10 January 2009; and (iii) 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. In its previous comments, the Committee requested the Government to take the necessary steps to ensure the thorough investigation and effective prosecution of offenders who use children in mines, and that penalties constituting an effective deterrent are imposed in practice.

The Committee takes due note of the Government’s information that a Child Labour Monitoring and Remediation System (SSRTE) has been set up under the project entitled Combating child labour in the Democratic Republic of the Congo’s cobalt industry (COTECCO), in partnership with the ILO. In this regard, the Government indicates that local SSRTE implementation committees have been established to monitor cases of children carrying out hazardous work in mines and to refer them to service providers. Monitoring and data collection are carried out with the help of mobile phones.

The Committee takes due note of the information on the SSRTE website that the national and provincial authorities (in Lualaba and Haut Katanga) and all officials and agents of the State public service were trained in SSRTE management in Kinshasa and Kolwezi in 2022 and in Lubumbashi in 2023.

However, the Committee notes with regret the absence of information on the investigation and effective prosecution of persons who use children in mines, and the penalties duly imposed on them. 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. The Committee also requests the Government to continue to provide information on the results achieved on the effective implementation of the measures taken to combat hazardous work for children in mining.

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. Child soldiers. In its previous comments, the Committee requested the Government to take effective and time-bound measures to remove children from the armed forces and armed groups and ensure their rehabilitation and social integration.

The Committee notes the Government’s information that, in the July 2023 report of the coordination team of the P-DDRCS, a total of 1,550 children associated with the armed forces and armed groups (1,215 boys and 335 girls) were identified and a total of 902 children were removed from the armed forces and armed groups (684 boys and 218 girls).

Furthermore, the Committee notes the Government’s information that the annual report on trafficking in persons in the Democratic Republic of the Congo for 2023–24 states that in 2023, 412 child soldiers were freed from the hold of armed groups, demobilized and reintegrated into their communities, while receiving psychosocial support (7 children in Beni Nord-Kivu, 170 in Kalehe in South Kivu and 235 in Ituri). While noting the measures taken by the Government, the Committee requests it to pursue its efforts and continue to take effective and time-bound measures to remove children from the armed forces and armed groups, and to ensure their rehabilitation and social integration through the Ministry of Defence in the context of the Disarmament, Demobilization, Community Recovery and Stabilization Programme (P-DDRCS). The Committee also requests the Government to continue to provide statistical information, disaggregated by age and sex, on the number of child soldiers who have been removed from the armed forces and armed groups, and have been reintegrated with appropriate assistance for their rehabilitation and social integration. The Committee also requests the Government to communicate a copy of the annual report on trafficking in persons in the Democratic Republic of the Congo for 2023–24.

Children working in mines. The Committee notes the Government’s information that rehabilitation and social integration measures were taken as part of the Support Project for alternative welfare of children and young people involved in the cobalt supply chain (PABEA-COBALT), including: (1) regarding psychological care, 1,683 children (799 girls and 884 boys) benefited from the setting-up of 32 counselling rooms (11 in Lualaba and 21 in Haut Katanga); (2) regarding health care, 2,247 children (1,139 girls and 1,108 boys) were provided health care in medical facilities, and 91 children (59 girls and 32 boys) were hospitalized; and (3) regarding reintegration into school, between 2023 and 2024, 9,016 school kits were given to children in the programme, distributed among 70 partner schools and 18 mining sites in the PABEA-COBALT intervention area. Several direct beneficiaries received vocational training and a total of 6,320 children (3,123 girls and 3,197 boys) in 92 schools were exempt from school fees.

The Committee notes the Government’s information that in November 2022 it became one of the Pathfinder countries of Alliance 8.7, to end forced labour, modern slavery, human trafficking and child labour. In this regard, the Government indicates that 5,034 children were identified and registered during the pilot project led in Haut Katanga and Lualaba provinces on 78 mining sites. In 2024, in Lualaba province, 1,145 girls and 1,004 boys aged 5 to 7 years, 452 girls and 511 boys aged 8 to 13 years, and 574 girls and 839 boys aged 14 to 17 years were identified with a view to their reintegration into school or work.

Furthermore, the Committee notes from the ILO website that, in 2023, the 8.7 Accelerator Lab Initiative partnered with the COTECCO project to strengthen the impact of the private sector working groups in two key mining provinces in the country. 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 continue to provide information on the results achieved in this regard, particularly within the framework of the Support Project for alternative welfare of children and young people involved in the cobalt supply chain (PABEA-COBALT) and the Combating child labour in the Democratic Republic of the Congo’s cobalt industry (COTECCO) project.

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