Country profile COD
Context
Context
| Year | Age group | Proportion | Gender | Indicator | Source |
|---|---|---|---|---|---|
| 2018 | 5-17 | 9.2 | Male | Proportion of children engaged in economic activity, by sex and age (%) | Source |
| 2018 | 5-17 | 9.2 | Female | Proportion of children engaged in economic activity, by sex and age (%) | Source |
| 2018 | 5-17 | 9.2 | Male & Female | Proportion of children engaged in economic activity, by sex and age (%) | Source |
| 2018 | 5-17 | 12.6 | Male | Proportion of children engaged in economic activity and household chores, by sex and age (%) | Source |
| 2018 | 5-17 | 16.7 | Female | Proportion of children engaged in economic activity and household chores, by sex and age (%) | Source |
| 2018 | 5-17 | 14.7 | Male & Female | Proportion of children engaged in economic activity and household chores, by sex and age (%) | Source |
National Legal Framework
National Legal Framework
| Provision | Legislation date | Convention | Legislation info | sources | Value | sort_order | Provision description | Legislation description |
|---|---|---|---|---|---|---|---|---|
| Is the use, procuring or offering of children for illicit activities, in particular for the production and trafficking of drugs, prohibited? | 2008-08-08 | C182 | Decree Establishing the Conditions for Children’s Work - Article 8(c) | [{"link_name":"Decree Establishing the Conditions for Children\u2019s Work","source_link":"https://wwwex.ilo.org/dyn/natlex2/natlex2/files/download/84825/travail%20des%20enfants.pdf"}] | Yes | 11 | C182 prohibits the use, procuring or offering of children for illicit activities in particular for the production and trafficking of drugs. | Article 8(c) of the Decree Establishing the Conditions for Children’s Work of 2008 prohibits the use, recruitment, or offering of children for illicit activities, particularly those involving the production and trafficking of drugs. |
| Is the use, procuring or offering of a child for the purpose of prostitution and for production of pornography prohibited? | 2008-08-08 | C182 | Decree Establishing the Conditions for Children’s Work - Article 8(b) | [{"link_name":"Decree Establishing the Conditions for Children\u2019s Work","source_link":"https://wwwex.ilo.org/dyn/natlex2/natlex2/files/download/84825/travail%20des%20enfants.pdf"}] | Yes | 10 | C182 prohibits the use of a child under the age of 18 for prostitution, regardless of the child's consent. The use, procuring or offering of any person under the age of 18 for commercial sexual exploitation constitutes a worst form of child labour, even if prostitution is a legalised. In regard to the prohibition of child pornography, States need to make sure that national legislation addresses the involvement of a child in the production of pornographic materials, including non-recorded performances. | Article 8(b) of the Decree Establishing the Conditions for Children’s Work of 2008 prohibits the use, recruitment, or offering of a child for prostitution, the production of pornographic materials, or engaging in obscene performances. |
| Is forced or compulsory recruitment of children under 18 for use in armed conflict prohibited? | 2008-08-08 | C182 | Decree Establishing the Conditions for Children’s Work - Article 8-a) | [{"link_name":"Decree Establishing the Conditions for Children\u2019s Work","source_link":"https://wwwex.ilo.org/dyn/natlex2/natlex2/files/download/84825/travail%20des%20enfants.pdf"}] | Yes | 9 | C182 defines forced or compulsory recruitment of children under 18 for use in armed conflict as a worst form of child labour. Nevertheless, C182 only prohibits the forced or compulsory recruitment of children under 18, and does not cover the voluntary recruitment of children under 18. | The Decree Establishing the Conditions for Children’s Work of 2008 explicitly bans the forced or compulsory recruitment of children under 18 into armed forces or groups. Article 8-a) states the prohibition of all forms of forced or compulsory labor, including the forced recruitment of children for use in armed conflicts. |
| Is the sale and trafficking of children for sexual and labour exploitation prohibited? | 2008-08-08 | C182 | Decree Establishing the Conditions for Children’s Work - Article 8 | [{"link_name":"Decree Establishing the Conditions for Children\u2019s Work","source_link":"https://wwwex.ilo.org/dyn/natlex2/natlex2/files/download/84825/travail%20des%20enfants.pdf"}] | Yes | 8 | C182 defines all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour as worst forms of child labour. | Article 8 of the Decree Establishing the Conditions for Children’s Work explicitly prohibits the worst forms of child labour, including all forms of slavery or practices similar to slavery such as the sale and trafficking of children. This prohibition covers both sexual and labour exploitation. |
| List of hazardous activities prohibited for children | 2008-08-08 | C138 & C182 | Decree Establishing the Conditions for Children’s Work | [{"link_name":"Decree Establishing the Conditions for Children\u2019s Work","source_link":"https://wwwex.ilo.org/dyn/natlex2/natlex2/files/download/84825/travail%20des%20enfants.pdf"}] | Yes | 7 | C138 and C182 require the national determination of a list of hazardous work prohibited for children under 18 years of age. The competent authorities should consult with workers' and employers' organizations to determine what types of employment or work are considered to be hazardous. Such a list shall be periodically examined and revised as necessary. | The Decree Establishing the Conditions for Children’s Work of 2008 lists specific hazardous activities prohibited for children under 18. |
| Minimum age for hazardous work | 2008-08-08 | C138 & C182 | Decree Establishing the Conditions for Children’s Work - Articles 1 and 2 | [{"link_name":"Decree Establishing the Conditions for Children\u2019s Work","source_link":"https://wwwex.ilo.org/dyn/natlex2/natlex2/files/download/84825/travail%20des%20enfants.pdf"}] | 18 | 6 | C138 and C182 set 18 as the minimum age for hazardous work, which is defined as work that, due to its nature or the circumstances in which it is carried out, is likely to jeopardize children’s health, safety or morals. C138 and C182 allow countries to permit hazardous work exceptionally as from 16, provided that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or training. | Articles 1 and 2 of the Decree stipulate that it is forbidden for any employer, whether an individual or a legal entity, to employ children in work that exceeds their strength, exposes them to high professional risks, or that by its nature or the conditions in which it is carried out, is likely to harm their morality. Additionally, for the purposes of this Decree, the term 'child' refers to any person under the age of 18. |
| Minimum age for admission to apprenticeship | 2002-10-16 | C138 | Law n° 015/2002 on the Labour Code - Article 133 | [{"link_name":"Law n° 015/2002 on the Labour Code","source_link":"https://wwwex.ilo.org/dyn/natlex2/r/natlex/fe/details?p3_isn=62645"}] | 15 | 5 | C138 does not apply to work done in school for general, vocational or technical education or in training institutions or work done by children at least 14 years of age in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority. Such work must be an integral part of: (i) a course of education or training for which a school or training institution is primarily responsible; (ii) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; or (iii) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. | Article 133 in the Labour Code of the Democratic Republic of Congo (Loi n°015/2002 du 16 octobre 2002 portant Code du Travail) mentions the minimum age for apprenticeship: "Children cannot be employed in an enterprise, even as apprentices, before the age of 15, except with the express derogation of the Inspector of Labour of the jurisdiction and the parental or tutelary authority." Specific provisions allow exceptions under strict conditions. |
| Is the minimum age for admission to work not less than the age for completion of compulsory schooling? | 2009-01-10 | C138 | Child Protection Law - Article 38 | [{"link_name":"Child Protection Law","source_link":"https://www.leganet.cd/Legislation/JO/2009/L.09.001.10.01.09.htm"}] | Yes | 4 | C138 requires that the minimum age for admission to work shall not be less than the age of completion of compulsory schooling and, in any case, shall not be less than 15 years. | Article 38 of the Child protection law only mentions compulsory primary school (until 12 years old approximately) while minimum age for work is 16 - or 15 in case of light work. |
| Light work - Determination of types and conditions of activities | 2008-08-08 ; 2002-10-16 | C138 | Law n° 015/2002 on the Labour Code - Article 6. c) ; Decree Establishing the Conditions for Children’s Work - Section 17 | [{"link_name":"-Decree Establishing the Conditions for Children\u2019s Work","source_link":"https://wwwex.ilo.org/dyn/natlex2/natlex2/files/download/84825/travail%20des%20enfants.pdf"},{"link_name":"-Law n° 015/2002 on the Labour Code","source_link":"https://www.travaildesenfants.org/sites/default/files/pdf_documents_fondateurs/LOI%20N%C2%B0%202015-365%20DU%2017%20SEPTEMBRE%202015%20PORTANT%20MODIFICATION%20DE%20LA%20LOI%20N%C2%B0%2095-696.pdf"}] | N/A | 3 | If the country chooses to allow light work, States must determine what activities are considered light work, and the hours and the circumstances under which they may be carried out. | Article 6. c) of the Law provides that a person aged 15 can only be hired or retained in service for the performance of light and healthy work as specified by a decree issued by the Minister responsible for Labour and Social Welfare. However, the provision is not fully met as in its CEACR Observation adopted in 2022, the Committee noted that Section 17 of the Decree of 8 August 2008 contains a list of light and healthy types of work authorised for children under 18 years of age but does not set a minimum age from which children may perform light work or establish the conditions under which light work may be performed. |
| Minimum age for light work | 2002-10-16 | C138 | Law n° 015/2002 on the Labour Code - Article 6. c) | [{"link_name":"Law n° 015/2002 on the Labour Code","source_link":"https://natlex.ilo.org/dyn/natlex2/r/natlex/fe/details?p3_isn=62645"}] | 15 | 2 | C138 defines light work as work that does not interfere with children’s schooling, or their ability to benefit from it, and that is not hazardous. C138 allows countries to permit light work for children younger than the general minimum age. For countries that set the minimum age at 15, this means children aged 13-14, and for those that set it at 14, children aged 12-13 may engage in light work. | Article 6. c) of the Law provides that a person aged 15 can only be hired or retained in service for the performance of light and healthy work as specified by a decree issued by the Minister responsible for Labour and Social Welfare. |
| Minimum age for admission to work | 2002-10-16 | C138 | Law n° 015/2002 on the Labour Code - Article 6 and Article 133 | [{"link_name":"Law n° 015/2002 on the Labour Code","source_link":"https://natlex.ilo.org/dyn/natlex2/r/natlex/fe/details?p3_isn=62645"}] | 16 | 1 | C138 establishes 15 as the minimum age for work in general. Developing countries have the option of setting a minimum age of 14 as a transitional measure as they strengthen their education systems and economies. | Article 6 of the Law sets the minimum age for admission to work to 16 years. However, exemptions to this provision can be made as set in the Article 133, which states that "Children cannot be employed in a company, even as apprentices, before the age of 15, except with the express exemption of the competent Labour Inspector and the parental or guardian authority. In no case should the express authorization of the competent Labour Inspector and the parental or guardian authority be granted for children under the age of 15.". |
International Legal Framework
International Legal Framework
| Ratification status | Convention | Convention description | Date of ratification | Source |
|---|---|---|---|---|
| in-force | C182 | Worst Forms of Child Labour Convention, 1999 (No. 182) | 20-JUN-2001 | Source |
| in-force | C138 | Minimum Age Convention, 1973 (No. 138) | 20-JUN-2001 | Source |
Policies and Plans
Policies and Plans
| Description | sources | Period | Policy name | Implementing agency |
|---|---|---|---|---|
| The Democratic Republic of the Congo (DRC) is a Pathfinder Country of the Alliance 8.7, a global partnership committed to eradicating forced labour, modern slavery, human trafficking, and child labour. As part of this initiative, the DRC inititated in 2022 the development of a roadmap towards achieving Sustainable Development Goal (SDG) 8.7. The main objectives of the DRC's roadmap are: Coordination and Decentralization: Establish and strengthen local and national coordinating bodies to oversee and implement anti-trafficking and child labour elimination efforts. Monitoring Progress, Data Collection, and Knowledge Sharing: Develop robust systems for tracking progress, gathering data, and sharing knowledge related to the eradication of forced labour, modern slavery, human trafficking, and child labour. Legislation and Policies: Review, amend, and enforce laws and policies to combat these issues effectively. Financing: Mobilize both internal and external financial resources to support activities aimed at eliminating forced labour, modern slavery, human trafficking, and child labour. | [{"link_name":"SDG 8.7 Roadmap","source_link":"https://www.alliance87.org/sites/default/files/2024-02/Congo_FEUILLE%20DE%20ROUTE%20ALLIANCE%208.7%20RDC.pdf"}] | 2023 to 2030 | SDG 8.7 Roadmap | Ministry of Employment, Labour, and Social Welfare (Ministère de l'Emploi, Travail et Prévoyance Sociale - METPS) |
| According to the ILO CEACR Observation on Convention No. 182, 2017, "The Committee notes the Government’s indication in its report that an action plan to combat the recruitment and use of children in armed conflict and other serious violations of children’s rights by the armed forces and security services of the Democratic Republic of the Congo was adopted in 2012. The Government also indicates that one of the measures taken as part of the action plan was the appointment in 2015 of the Special Adviser to the Head of State on action to combat sexual violence and the recruitment of children into the armed forces. | [{"link_name":"CEACR Observation","source_link":"https://normlex.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID:3338476:NO"}] | 2012 | Action plan to combat the recruitment and use of children in armed conflict and other serious violations of children’s rights by the armed forces and security services of the Democratic Republic of the Congo | No information |
| According to the ILO CEACR Observation Convention No. 182, 2017, "an inter-ministerial committee responsible for monitoring child labour in mines and on mining sites was set up in 2016 (...) the committee has drawn up a three-year action plan for 2017–20 with the general objective of coordinating actions on the ground to put an end to the presence of children in mining operations by 2020.” This led to a longer sectoral strategy (2017.2025) adopted on 31 October 2017, with the 6 following objectives: (i) Strengthening of the legal and regulatory framework; (ii) Mastery of data on the presence and child labor in mines and artisanal mining sites; (iii) Social mobilization and promotion of a communication strategy; (Social mobilization and promotion of a communication strategy; (iv) Promotion of responsible mineral supply chains; (v) Protection and care of children; (vi) Capacity building of key actors. The strategy also reproduces the objectives of the three-year action plan, with the additional objective of combating impunity. The committee, with the financial support of ILO, developed an operational plan in November, 2019. | [{"link_name":"CEACR Observation","source_link":"https://normlex.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID:3338476:NO"}] | 2017-2025 | “National sectoral strategy to combat child labour in artisanal mines and at artisanal mining sites in the Democratic Republic of the Congo 2017–25” | No information |
| According to the CEACR Direct Request on Convention No. 182, 2021, "The Committee notes the Government’s indication in its report that the “National Action Plan to combat the worst forms of child labour 2012–20 (PAN)” was formulated and adopted in 2011 by the National Committee and then adopted by the tripartite constituents of the National Labour Council at its 31st ordinary session in August 2015. | [{"link_name":"CEACR Direct Request","source_link":"https://normlex.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P11110_COUNTRY_ID,P11110_COUNTRY_NAME,P11110_COMMENT_YEAR:4124194,102981,Democratic%20Republic%20of%20the%20Congo,2021"}] | 2012-2020 | National Action Plan to Combat the Worst Forms of Child Labour 2012–20 (PAN) | No information |