Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

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

The Committee notes the observations of the International Trade Union Confederation (ITUC) received on 1 September 2017, and the Government’s report.

Article 6 of the Convention. Programmes of action. In its previous comments, the Committee noted the Government’s indication that, since March 2011, the National Committee on Combating the Worst Forms of Child Labour (National Committee) has been drawing up the “National Action Plan for the elimination of child labour by 2020”, in collaboration with ILO–IPEC. The Government indicated that upstream measures aim to strengthen the capacities of national, provincial and local institutions in order to tackle the issue of the elimination of the worst forms of child labour. These measures are directed in particular at reforming national law, improving the functioning of the education system and raising public awareness of the worst forms of child labour. Downstream measures are specific interventions designed to provide assistance for working children and their families.

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 abovementioned National Committee and then adopted by the tripartite constituents of the National Labour Council at its 31st ordinary session in August 2015. It also notes the adoption of Inter-ministerial Order No. 118 of 2013 (attached to the Government’s report), which updates the core mandate of the National Committee.

The Committee notes the indication in the observations of the ITUC that the PAN has not made any quantifiable progress in terms of improving the work of the labour inspectorate and reducing the number of child victims of forced labour. The ITUC also indicates that decentralization, lack of resources and poor coordination are structural problems associated with combating child labour. The Committee notes the lack of information in the Government’s report on the measures taken and the results achieved through the PAN.

The Committee also notes that in order to achieve the overall goal of elimination of the worst forms of child labour by 2020, the PAN identifies five strategic components, each with specific objectives. These components relate to the legal framework, awareness raising and social mobilization, education, socio-economic vulnerability, protection and care, and management of PAN programmes and actions. The Committee observes with regret that the PAN is not being implemented effectively by the Government. The Committee therefore urges the Government to take immediate and effective measures to implement the PAN and send information on the results achieved and its impact on the elimination of child labour.

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. The Committee previously noted the low school enrolment rate in the country (about 40 per cent of all children of school age). The Committee also noted the 2011 Education for All Global Monitoring Report published by UNESCO, entitled “The hidden crisis: Armed conflict and education”. This report reveals that poor countries in conflict situations, such as the Democratic Republic of the Congo, are the countries that are furthest away from achieving the “Education for All” goals and, in particular, that conflict zones often lag behind other areas of the country. For example, in North Kivu province, adolescents and young adults are twice as likely, in comparison with the national average, to have less than two years’ schooling. In addition, the forced recruitment of children in schools for use in armed conflict is common practice in the country, and this has led to the closure of many schools. Moreover, many girls have been the victims of rape on their way to school.

The Committee notes the indication in the observations of the ITUC that schools have been closed or destroyed as a result of the armed conflict or have been occupied and requisitioned by the army.

The Committee notes the Government’s indication that it has formulated a sectoral strategy for education and training for 2016–25, which was designed to address the problems and challenges identified in the situation report on the education system. It indicates that three major strategic components have been adopted, namely: to promote a more equitable education system, with the aim of establishing primary education that is really free of charge; to create conditions for a quality education system; and to establish transparent and effective governance. The Committee also observes that, according to the sectoral strategy, the completion rate in primary education is 64 per cent (page 140). The sectoral strategy also provides for the setting up of various coordination, steering, consultation and implementation committees, sub-sectoral technical committees in the ministries concerned, and provincial technical committees (pages 114–117). These committees will be in charge of implementing the action plan. The Committee notes, from the situation report on the national education system attached to the Government’s report, that primary education completion rates are the lowest of all rates in the six provinces affected by the conflict (page 29). It also notes that households make a disproportionate contribution to expenditure in education, namely 77 per cent of the total. The report indicates that financial issues play a key role as regards non-enrolment in school and dropping out of school (pages 25 and 164). In this regard, the Government indicates that the application of the law will help to ensure that schooling is free for children, as reflected in the action plan through the abolition of school fees for public primary schools (see strategy paper, page 142). The action plan also has the objective of encouraging the enrolment of girls in school and supporting the school enrolment of disadvantaged or marginalized population groups (page 142).

However, the Committee notes that, according to the report of the UN Secretary-General of 24 August 2017 on children and armed conflict (A/72/361–S/2017/821) (2017 report of the Secretary-General), a total of 51 schools were attacked in 2016 (paragraph 67). Moreover, according to the 30 June 2017 report of the UN Secretary-General on the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo (MONUSCO) (S/2017/565), since September 2016 MONUSCO has documented 646 attacks on schools in the Kasai provinces by the Kamuina Tsapu militia (paragraph 48). Lastly, the Committee notes that, according to the 2017 report of the Secretary-General, the Government has endorsed the Safe Schools Declaration (paragraph 72). While noting the steps taken by the Government, the Committee expresses its concern at the large number of children deprived of education on account of the armed conflict in the Democratic Republic of the Congo and hopes that the Government will provide the necessary resources for the effective implementation of the sectoral strategy for 2016–25. While acknowledging the difficult situation prevailing in the country, the Committee urges the Government to intensify its efforts to improve the functioning of the education system in the country and to facilitate access to free basic education for all Congolese children, especially in areas of armed conflict. It requests the Government to supply information on the measures taken as part of the action plan related to the sectoral strategy for 2016–25 to increase the school attendance rate at both primary and secondary levels, with a particular focus on girls. It also requests the Government to provide information on the results achieved, disaggregated by age and gender.

Clause (d). Children at special risk. 1. Street children. In its previous comments, the Committee noted that, according to UNICEF, some 30,000 children under 18 years of age were living in the country’s streets, mostly in Kinshasa. Moreover, a large number of young girls, some of them under 10 years of age, were working as prostitutes in the streets.

The Committee notes the Government’s indication that the Ministry of Social Affairs has a national strategy for vulnerable groups, including children in difficult situations. The Government also indicates that in order to defend the interests of children in this category, it set up a body in 2015 with a mandate to identify, guide and reintegrate these children. However, the Committee observes that the UN Committee on the Rights of the Child (CRC), in its concluding observations of 2017 (CRC/C/COD/CO/3-5), notes that thousands of children continue to live in the streets and are subjected to violence, rape, arbitrary arrests, disappearance, recruitment to armed groups and even summary executions (paragraph 43). Recalling that street children are at particular risk of becoming involved in the worst forms of child labour, the Committee requests the Government to intensify its efforts to protect street children from the worst forms of child labour and ensure their rehabilitation and social integration. The Committee also requests the Government to provide information on the measures taken to remove children under 18 years of age from the streets and to ensure their rehabilitation and social integration as part of the implementation of the national strategy for vulnerable groups and of the PAN.

2. HIV/AIDS orphans. In its previous comments, the Committee noted the Government’s report on monitoring the implementation of the 2011 UN General Assembly Special Session (UNGASS) Declaration of Commitment on HIV/AIDS, indicating that 25 per cent of children under 18 years of age in the Democratic Republic of the Congo – over 1 million children and adolescents – were classified as orphans and vulnerable children (OVCs). The Committee also noted that the school attendance rate was higher among children living with at least one parent (81 per cent) than among orphans (63 per cent).

The Committee notes the Government’s indication that an action plan has been drawn up by the HIV/AIDS Unit at the Ministry of Social Affairs in collaboration with the multi-sectoral national programme to combat HIV/AIDS. The Committee notes that, according to the Ministry’s website, the action plan contains a promotion component, which includes the provision of care for OVCs. However, the Committee notes that, according to Joint United Nations Programme on HIV/AIDS (UNAIDS) statistics for 2016, some 520,000 children up to 17 years of age are HIV/AIDS orphans. Recalling that HIV/AIDS orphans are at greater risk of becoming involved in the worst forms of child labour, the Committee once again encourages the Government to intensify its efforts to prevent HIV/AIDS orphans from becoming involved in the worst forms of child labour. It requests the Government to supply information on the measures taken and the results achieved under the action plan.