Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Minimum Age Convention, 1973 (No. 138) - Democratic Republic of the Congo (Ratification: 2001)

Article 1 of the Convention.National policy and application of the Convention in practice. In its previous comments, the Committee noted that a large number of children were involved in child labour, including under hazardous conditions.

The Committee notes the information provided by the Government on its efforts to improve access to the school system in order to withdraw children from child labour and reintegrate them through the “Sectoral strategy for education and training (SSEF) 2016–25”. However, the Committee notes the Government’s report does not contain any information on current data relating to the employment of children and young persons, or any information on the monitoring and supervision of working children.

In this regard, the Committee notes from the 2017–18 MICS (multiple indicator cluster surveys) report produced by UNICEF that 15 per cent of children between 5 and 17 years of age are engaged in child labour and 13 per cent of children between 5 and 17 years of age work under conditions which are dangerous for their health. In the northern provinces of the country (Haut Uelé, Bas Uelé, Sud Ubangui, Ituri and Nord Ubangui) and in Lomami, Kasai and Maniema, between 20 and 30 per cent of children between 5 and 17 years of age are involved in child labour. While noting the measures taken by the Government, the Committee is bound to express its deep concern at the number of children exposed to child labour, including under hazardous conditions. The Committee once again requests the Government to intensify its efforts to ensure the progressive elimination of child labour. It requests the Government to provide information on the application of the Convention in practice, particularly statistics, disaggregated by gender and age, on the employment of children and young persons, and also extracts from the reports of the inspection services.

Article 2(1). Scope of application and labour inspection. The Committee previously noted the concern expressed by the United Nations Committee on the Rights of the Child (CRC) regarding the large number of children who work in the informal economy and who are often not covered by the protection measures established by the national legislation.

The Committee notes the Government’s indication in its report that reforms have been undertaken with a view to capacity-building for the labour inspectorate, including through the implementation of the project “Support for progress in labour standards in the Democratic Republic of the Congo (SPNT) 2022–25”, in collaboration with the ILO and the US Department of Labor. This project will help to strengthen the capacities of the labour inspectorate. As part of capacity-building for labour inspectors and controllers, steps have been taken to allocate them a permanent allowance, which was adjusted in 2020. The practical guide for labour inspectors is a tool for gathering information during routine and special inspections in enterprises and establishments of all kinds, including in relation to child labour. The Committee requests the Government to continue taking measures to adapt and reinforce labour inspection services in order to guarantee the supervision of child labour and ensure that all children enjoy the protection afforded by the Convention, including those who work in the informal economy. In this regard, the Committee requests the Government to provide information on the results achieved in the context of the SPNT. It also requests the Government to provide information on the structure, operation and activities of the labour inspectorate relating to child labour.

Article 2(3). Age of completion of compulsory schooling. Further to its previous comments, the Committee notes the Government’s indication in its report that there has been an increase in the gross school enrolment rate for both girls and boys between 2018 and 2020.

The Committee also notes that, according to the 2021 UNICEF report on education challenges in the Democratic Republic of the Congo, the net school attendance rate rose from 52 per cent in 2001 to 78 per cent in 2018. However, UNICEF points out that about 4 million children between 6 and 11 years of age are still out of school and account for some 21 per cent of the total number of children in this age group, and that only one third of children are in secondary education.

In this regard, the Committee also notes the information on the 2019–20 compendium of school statistics produced by the Technical Unit for Education Statistics with technical support from UNESCO, according to which a total of 13,872,674 girls and 12,190,775 boys are enrolled in pre-primary, primary and secondary classes.

The Committee further notes the various activities undertaken by the Government to improve children’s access to education, particularly the meeting of the Sectoral Consultation Committee in September 2022, the “SSEF joint mid-term review”, and also the progress made on projects, including the “Project to improve the quality of education (PAQUE)”, and the “Project for greater equality and strength in the education system (PERSE)”. Moreover, a survey was also conducted with regard to the return to school of more than 2 million pupils since 2019. In view of the fact that compulsory education is one of the most effective means of combating child labour, the Committee requests the Government to continue its efforts to ensure the entry into the education system of children who have not reached the minimum age of 14 years for admission to employment or work.

Article 3(3) of the Convention.Admission to hazardous work from the age of 16 years. In its previous comments, the Committee noted that, according to figures contained in the “Second demographic and health survey” (EDS-RDC II 2013–14), 27.5 per cent of children under 18 years of age have worked under dangerous conditions and that working conditions that fulfil the requirements of Article 3(3) of the Convention have not been established.

The Committee notes the Government’s indication in its report that it has planned to supplement the provisions of Ministerial Order No. 12/CAB.MIN/TPSI/045/08 of 8 August 2008 (Order of 8 August 2008) establishing conditions of work for children, in such a way as to bring the regulations on admission to hazardous work from the age of 16 years into line with Article 3(3) of the Convention. The Committee recalls that the flexibility clause established in Article 3(3) of the Convention allows the competent authority to authorize hazardous work from the age of 16 years only if the following requirements are met: (a) prior consultation must be held with the employers’ and workers’ organizations; (b) the health, safety and morals of the young persons concerned must be fully protected; and (c) it must be ensured that the young persons have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee once again urges the Government to take the necessary regulatory measures to ensure that the performance of hazardous work by young persons between 16 and 18 years of age is authorized only if the requirements of Article 3(3) of the Convention are met.

Article 7. Light work. In its previous comments, the Committee noted that section 17 of the Order of 8 August 2008 contains a list of light and healthy types of work authorized 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.

The Committee notes the Government’s indications that it undertakes to amend and supplement, with the agreement of the National Labour Council, the provisions of section 17 of the Order of 8 August 2008 regarding the minimum age from which children may perform light work and under which conditions, including by incorporating the provisions of Paragraph 13 of the Minimum Age Recommendation, 1973 (No. 146), which gives effect to Article 7(3) of the Convention.

The Committee once again reminds the Government that Article 7(1) and (4) of the Convention is a flexibility clause under which national laws or regulations may permit the employment of children between 12 and 14 years of age in light work, or the performance by these children of such work, provided that it is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational guidance or training programmes approved by the competent authority, or their capacity to benefit from the instruction received. The Committee once again requests that the Government take the necessary steps to ensure that the types of work referred to in section 17 of the Order of 8 August 2008 are authorized only for children who are at least 12 years of age, provided that the requirements set out in Article 7(1) and (4) of the Convention are met.