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

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

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.

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 3(3) of the Convention. Admission to hazardous work from the age of 16 years. In its previous comments, the Committee noted that section 10(2) of Ministerial Order No. 12/CAB.MIN/TPSI/045/08 of 8 August 2008 provides that young persons between 16 and 18 years of age may not carry, drag or push, either within or outside the customary workplace, loads heavier than a certain maximum weight. The Committee nonetheless pointed out to the Government that the flexibility clause contained 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 organizations of employers and workers; (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 took note of the Government’s undertaking that it would examine the extent to which health, safety and morals, as well as vocational training, should be guaranteed by national regulations before submitting young persons to hazardous work.

The Committee notes the Government’s indication that enterprises in the formal sector do not hire persons under 18 years of age. However, the Committee observes 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 (page 336). The Committee therefore urges the Government once again 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 Ministerial Order of 8 August 2008 establishing conditions of work for children contains a list of light and healthy types of work authorized for children under 18 years of age. The Committee observed that section 17 does not set a minimum age from which a child may perform light work, but appears to allow all young persons under 18 years of age to be engaged in these types of work. It also noted that the Ministerial Order of 8 August 2008 does not set the conditions of employment under which light work may be performed. The Committee noted the Government’s indication that the duration of light work performed by young persons between 12 and 14 years of age is set by section 5 of the Order, and that sections 17 and 18 establish the conditions of work for light and healthy tasks. However, it noted that although the Order bars children under 18 years of age from night work (section 6) or from certain types of work deemed to be unhealthy, it sets no minimum age for the performance of light and healthy tasks as defined in section 17.

The Committee notes the Government’s indication that section 17 was in line with the socio-economic realities of the country and the whole range of national legislation. However, the Committee notes that, according to the EDS-RDC II 2013–14, 34 per cent of children between 5 and 11 years of age are engaged in work. The Committee 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 therefore 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) of the Convention are met.

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 1 of the Convention. National policy and application of the Convention in practice. In its previous comments, the Committee noted that the Committee on the Rights of the Child (CRC) expressed concern at the large number of children involved in child labour in the country. It also noted that, according to the Government’s initial report to the CRC, because of the economic situation, many parents allow or even send their children to do work which they are forbidden to perform by law. The Committee observed that virtually one out of two children between 5 and 14 years of age is engaged in child labour, particularly in rural areas (46 per cent in rural areas compared to 34 per cent in urban areas).

The Committee notes the Government’s indication in its report that the National Plan of Action to combat the worst forms of child labour (PAN) was adopted in 2015. However, the Committee observes that, according to the Second Demographic and Health Survey (EDS-RDC II 2013–14), 38 per cent of children between 5 and 17 years of age who were questioned had worked during the week preceding the survey, among whom 27.5 per cent had worked under dangerous conditions (pages 336–337). The Committee expresses its deep concern at the number of children involved in child labour, including in dangerous conditions. The Committee urges the Government to step up its efforts to secure the elimination of child labour. It requests that the Government provide information on the application of the Convention in practice, including statistics, disaggregated by gender and age, on the employment of children and young persons, together with extracts from labour inspection reports.

Article 2(1). Scope of application and labour inspection. The Committee noted previously that Act No. 015/2002 of 16 October 2002 issuing the Labour Code applies only where there is an employment relationship. It also noted that the CRC expressed concern at the prevalence of child labour in the informal economy, which frequently falls outside the protection afforded by national legislation. The Committee reminded the Government that the Convention applies to all branches of economic activity and that it covers all types of employment or work, whether or not it is performed on the basis of an employment relationship and whether or not it is remunerated. The Government indicated in this regard that it would intensify its efforts to make labour inspection more effective. The Committee noted the Government’s indication that the Committee’s recommendations regarding child labour in the informal economy would be taken into account when the PAN is implemented.

The Committee notes that there is no information on this subject in the Government’s report. It observes that the PAN refers to the fact that labour inspection faces a particularly difficult challenge in the context of enforcing the Labour Code in certain sectors where there is a concentration of child labour, such as the informal urban economy or agriculture (page 22). In this regard, the Government plans to draw up and implement a programme whereby state law enforcement officials will collaborate in the monitoring and prohibition of child labour. It also plans to establish a community-based child labour surveillance mechanism which collaborates with the labour inspectorate and also plans to develop an institutional capacity-building programme (PAN, Part 1, actions 1.1.2 and 1.2). In this regard, referring to the General Survey of 2012 on the fundamental Conventions (paragraph 407), which indicates that the inability of the labour inspectorate to monitor outside a given area is particularly problematic when child labour is concentrated in sectors outside its coverage, the Committee emphasizes the importance of ensuring that the labour inspection system effectively monitors working children in all areas and sectors. Recalling that the Convention applies to all forms of work or employment, the Committee once again requests that the Government take measures, in the context of the PAN, to adapt and strengthen the labour inspection services so as to ensure the monitoring of child labour in the informal economy, and to ensure that children benefit from the protection afforded by the Convention. It also requests that the Government provide information on the structure, functioning and work of the labour inspectorate in relation to child labour.

Article 2(3) of the Convention. Age of completion of compulsory schooling. In its previous comments, the Committee noted that, according to the information available on the website of the Senate, a Bill establishing the fundamental principles of the national education system had been put to the vote and adopted at the ordinary session of March 2013. The Committee also noted the detailed statistics on education provided in the Government’s report. It observed that the primary school completion rate is close to 65 per cent at national level. However, there are significant disparities between the regions: for example, 78.5 per cent in the Kinshasa region compared with 56.2 per cent in South Kivu. Furthermore, the primary school completion rate is much higher for boys than for girls (73.8 per cent compared with 54.7 per cent). As regards secondary education, the gross enrolment rate for the first year of secondary school is barely 47 per cent at national level. The Committee also noted that, according to the Education for All Global Monitoring Report 2012, published by UNESCO, although the results of household surveys suggest that the proportion of out-of-school children fell by 25 per cent between 2001 and 2010, the number of out-of-school children is probably well above 2 million, which means that the Democratic Republic of the Congo is likely to be among the five countries with the highest numbers of out-of-school children.

The Committee notes the adoption of Framework Act No. 14/004 of 11 February 2014 on the national education system (Education Act, a copy of which is attached to the Government’s report), which introduces an eight-year duration for basic education. It also notes the adoption of the Sectoral Strategy for education and training for 2016–25. In view of the fact that compulsory schooling is one of the most effective means of combating child labour, the Committee urges the Government to step up its efforts to ensure that children below the minimum age of 14 years for admission to employment or work are integrated into the education system, with a special focus on girls. It requests that the Government provide detailed information on the measures taken and the action programmes implemented to this end, and on the results achieved.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

Article 3(3) of the Convention. Admission to hazardous work from the age of 16 years. In its previous comments, the Committee noted that section 10(2) of Ministerial Order No. 12/CAB.MIN/TPSI/045/08 of 8 August 2008 provides that young persons between 16 and 18 years of age may not carry, drag or push, either within or outside the customary workplace, loads heavier than a certain maximum weight. The Committee nonetheless pointed out to the Government that the flexibility clause contained 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 organizations of employers and workers; (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 took note of the Government’s undertaking that it would examine the extent to which health, safety and morals, as well as vocational training, should be guaranteed by national regulations before submitting young persons to hazardous work.

The Committee notes the Government’s indication that enterprises in the formal sector do not hire persons under 18 years of age. However, the Committee observes 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 (page 336). The Committee therefore urges the Government once again 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 Ministerial Order of 8 August 2008 establishing conditions of work for children contains a list of light and healthy types of work authorized for children under 18 years of age. The Committee observed that section 17 does not set a minimum age from which a child may perform light work, but appears to allow all young persons under 18 years of age to be engaged in these types of work. It also noted that the Ministerial Order of 8 August 2008 does not set the conditions of employment under which light work may be performed. The Committee noted the Government’s indication that the duration of light work performed by young persons between 12 and 14 years of age is set by section 5 of the Order, and that sections 17 and 18 establish the conditions of work for light and healthy tasks. However, it noted that although the Order bars children under 18 years of age from night work (section 6) or from certain types of work deemed to be unhealthy, it sets no minimum age for the performance of light and healthy tasks as defined in section 17.

The Committee notes the Government’s indication that section 17 was in line with the socio-economic realities of the country and the whole range of national legislation. However, the Committee notes that, according to the EDS-RDC II 2013–14, 34 per cent of children between 5 and 11 years of age are engaged in work. The Committee 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 therefore 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) of the Convention are met.

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

Article 1 of the Convention. National policy and application of the Convention in practice. In its previous comments, the Committee noted that the Committee on the Rights of the Child (CRC) expressed concern at the large number of children involved in child labour in the country. It also noted that, according to the Government’s initial report to the CRC, because of the economic situation, many parents allow or even send their children to do work which they are forbidden to perform by law. The Committee observed that virtually one out of two children between 5 and 14 years of age is engaged in child labour, particularly in rural areas (46 per cent in rural areas compared to 34 per cent in urban areas).

The Committee notes the Government’s indication in its report that the National Plan of Action to combat the worst forms of child labour (PAN) was adopted in 2015. However, the Committee observes that, according to the Second Demographic and Health Survey (EDS-RDC II 2013–14), 38 per cent of children between 5 and 17 years of age who were questioned had worked during the week preceding the survey, among whom 27.5 per cent had worked under dangerous conditions (pages 336–337). The Committee expresses its deep concern at the number of children involved in child labour, including in dangerous conditions. The Committee urges the Government to step up its efforts to secure the elimination of child labour. It requests that the Government provide information on the application of the Convention in practice, including statistics, disaggregated by gender and age, on the employment of children and young persons, together with extracts from labour inspection reports.

Article 2(1). Scope of application and labour inspection. The Committee noted previously that Act No. 015/2002 of 16 October 2002 issuing the Labour Code applies only where there is an employment relationship. It also noted that the CRC expressed concern at the prevalence of child labour in the informal economy, which frequently falls outside the protection afforded by national legislation. The Committee reminded the Government that the Convention applies to all branches of economic activity and that it covers all types of employment or work, whether or not it is performed on the basis of an employment relationship and whether or not it is remunerated. The Government indicated in this regard that it would intensify its efforts to make labour inspection more effective. The Committee noted the Government’s indication that the Committee’s recommendations regarding child labour in the informal economy would be taken into account when the PAN is implemented.

The Committee notes that there is no information on this subject in the Government’s report. It observes that the PAN refers to the fact that labour inspection faces a particularly difficult challenge in the context of enforcing the Labour Code in certain sectors where there is a concentration of child labour, such as the informal urban economy or agriculture (page 22). In this regard, the Government plans to draw up and implement a programme whereby state law enforcement officials will collaborate in the monitoring and prohibition of child labour. It also plans to establish a community-based child labour surveillance mechanism which collaborates with the labour inspectorate and also plans to develop an institutional capacity-building programme (PAN, Part 1, actions 1.1.2 and 1.2). In this regard, referring to the General Survey of 2012 on the fundamental Conventions (paragraph 407), which indicates that the inability of the labour inspectorate to monitor outside a given area is particularly problematic when child labour is concentrated in sectors outside its coverage, the Committee emphasizes the importance of ensuring that the labour inspection system effectively monitors working children in all areas and sectors. Recalling that the Convention applies to all forms of work or employment, the Committee once again requests that the Government take measures, in the context of the PAN, to adapt and strengthen the labour inspection services so as to ensure the monitoring of child labour in the informal economy, and to ensure that children benefit from the protection afforded by the Convention. It also requests that the Government provide information on the structure, functioning and work of the labour inspectorate in relation to child labour.

Article 2(3) of the Convention. Age of completion of compulsory schooling. In its previous comments, the Committee noted that, according to the information available on the website of the Senate, a Bill establishing the fundamental principles of the national education system had been put to the vote and adopted at the ordinary session of March 2013. The Committee also noted the detailed statistics on education provided in the Government’s report. It observed that the primary school completion rate is close to 65 per cent at national level. However, there are significant disparities between the regions: for example, 78.5 per cent in the Kinshasa region compared with 56.2 per cent in South Kivu. Furthermore, the primary school completion rate is much higher for boys than for girls (73.8 per cent compared with 54.7 per cent). As regards secondary education, the gross enrolment rate for the first year of secondary school is barely 47 per cent at national level. The Committee also noted that, according to the Education for All Global Monitoring Report 2012, published by UNESCO, although the results of household surveys suggest that the proportion of out-of-school children fell by 25 per cent between 2001 and 2010, the number of out-of-school children is probably well above 2 million, which means that the Democratic Republic of the Congo is likely to be among the five countries with the highest numbers of out-of-school children.

The Committee notes the adoption of Framework Act No. 14/004 of 11 February 2014 on the national education system (Education Act, a copy of which is attached to the Government’s report), which introduces an eight-year duration for basic education. It also notes the adoption of the Sectoral Strategy for education and training for 2016–25. In view of the fact that compulsory schooling is one of the most effective means of combating child labour, the Committee urges the Government to step up its efforts to ensure that children below the minimum age of 14 years for admission to employment or work are integrated into the education system, with a special focus on girls. It requests that the Government provide detailed information on the measures taken and the action programmes implemented to this end, and on the results achieved.

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

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 2(3) of the Convention. Age of completion of compulsory schooling. Further to its previous comments, the Committee notes the Government’s reference to article 43(5) of the Constitution of 18 February 2006, which provides that primary education shall be compulsory and free in public establishments. It takes due note of the official communication of 30 August 2010 from the President of the Republic and Circular No. MINEPSP/CABMIN/008/2010 of 25 September 2010 under which all direct schooling costs of primary education are covered from the start of the 2010–11 school year. It also notes that, according to information posted on the Senate’s website, a bill establishing the fundamental principles of the national education system was put to the vote and adopted at the ordinary session of March 2011. The Committee also takes note of the detailed statistics on education supplied in the Government’s report. It observes that the primary school completion rate is nearing 65 per cent nationwide. However, there are significant disparities between the regions: for example, the rate stands at 78.5 per cent in the Kinshasa region as compared with 56.2 per cent in South Kivu. Furthermore, the primary school completion rate is much higher among boys than among girls (73.8 per cent as opposed to 54.7 per cent). As regards secondary education, the gross enrolment rate for the first year of secondary school barely reaches 47 per cent nationwide. The Committee also notes that, according to the Education for All Global Monitoring Report 2012, published by UNESCO, although the results of household surveys suggest that the proportion of out-of-school children fell by 25 per cent between 2001 and 2010, the number of out-of-school children is probably well above 2 million, which means that in all likelihood the Democratic Republic of the Congo is among the five countries with the highest number of out-of-school children. Considering that compulsory education is one of the most efficient means of combating child labour, the Committee urges the Government to strengthen its efforts to ensure that children who have not reached the minimum age for admission to employment or work are integrated into the education system, paying special attention to girls. It requests the Government to provide detailed information on the measures taken and the action programmes implemented to this end, and on the results obtained. It also requests the Government to provide a copy of the new national education law establishing the fundamental principles of the system with its next report.

Article 3(3). Admission to hazardous work from the age of 16 years. In its previous comments, the Committee noted that section 10(2) of Ministerial Order No. 12/CAB.MIN/TPSI/045/08 of 8 August 2008 provides that young persons between 16 and 18 years of age may not carry, drag or push, either within or outside the customary workplace, loads of a weight higher than certain maximum levels. The Committee nonetheless pointed out to the Government that the flexibility clause contained 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 consultations must be held with organizations of employers and workers; (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 takes note of the Government’s statement that it undertakes to examine the extent to which the health, safety and morals and vocational training ought to be guaranteed by national regulations before submitting young persons to hazardous work. Observing that this issue has been raised many times, the Committee 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 may be 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 Ministerial Order of 8 August 2008 establishing conditions of work for children draws up a list of light and healthy types of work authorized for children under 18 years of age. The Committee observed that section 17 does not set a minimum age from which a child may perform light work, but appears to allow all young persons under 18 years of age to be engaged in these types of work. It also noted that the Ministerial Order of 8 August 2008 does not set the conditions of employment under which light work may be performed.

The Committee notes the information supplied by the Government to the effect that young persons between 12 and 14 years of age shall perform light work, the duration of which is set by section 5 of the Order, and that sections 17 and 18 establish the conditions of work for light and healthy tasks. It notes however that, although the Order of 8 August 2008 bars children under 18 years of age from working for more than eight hours a day (section 5), from night work (section 6) or from work in certain jobs deemed to be unhealthy, it sets no minimum age for the performance of light and healthy types of work as defined in section 17. The Committee 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 persons 12 to 14 years of age on light work or the performance by these persons of such work, provided that it is: (a) not likely to be harmful to their health or development; (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority, or their capacity to benefit from the instruction received. The Committee therefore requests the Government to take the necessary measures 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 have reached the minimum age for admission to employment or work, namely 14 years, or children who have reached the age of 12 years, provided that the requirements set out in Article 7(1) of the Convention are met.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 1 of the Convention. National policy and application of the Convention in practice. In its previous comments the Committee noted that the Committee on the Rights of the Child (CRC) expressed concern at the prevalence of child labour in the country (CRC/C/15/Add.153, paragraph 66). It also noted that, according to the Government’s initial report submitted to the CRC (CRC/C/3/Add.57, paragraph 196), because of the economic situation a number of parents tolerate or even send their children to do work which they are forbidden to perform by law. The Government indicated that the Ministry of Employment, Labour and Social Insurance was endeavouring to put the National Committee to Combat the Worst Forms of Child Labour into operation and that, once up and running, the committee would devise a national strategy for the abolition of child labour and its worst forms. In the context of this strategy, national action programmes would be formulated, in particular to identify child labour and its worst forms and, with the assistance of the labour inspectorate, to supervise and penalize enterprises that have recourse to child labour.

The Committee notes the information from the Government to the effect that the National Committee to Combat the Worst Forms of Child Labour, in operation since 2006, has drawn up a National Action Plan (NAP) to eliminate the worst forms of child labour by 2020, with technical and financial support from ILO–IPEC. The NAP sets out the strategies and priority actions to be taken for children who are vulnerable to the worst forms of child labour and for poor communities. According to information communicated by ILO–IPEC, the NAP has not as yet been officially adopted. The Committee observes that, according to the results of the Multiple Indicator Cluster Survey of 2010 (MICS-2010) published by UNICEF, in the 5–14 age group, virtually one child in every two is engaged in child labour, particularly in rural areas (46 per cent in rural areas as compared to 34 per cent in urban areas). While noting the measures the Government plans to take to combat child labour, the Committee is bound to express concern at the number of children exposed to child labour whose age is lower than the age for admission to employment or work. The Committee strongly encourages the Government to strengthen its efforts to secure the elimination of child labour. It expresses the firm hope that the NAP will be adopted and implemented without delay, and requests the Government to provide a copy of it. It also requests the Government to provide information on the application of the Convention in practice, including statistics, disaggregated by sex and age group, on the employment of children and young persons, together with extracts of labour inspection reports.

Article 2(1). Scope of application and labour inspection. The Committee noted previously that Act No. 015/2002 of 16 October 2002 issuing the Labour Code applies only where there is a labour relationship. It also noted that the CRC expressed concern at the prevalence of child labour in the informal economy, which frequently falls outside the protection afforded by national legislation (CRC/C/15/Add.153, paragraph 66). The Committee reminded the Government that the Convention applies to all branches of economic activity and that it covers all types of employment or work, whether or not it is performed on the basis of a subordinate labour relationship and whether or not it is remunerated. The Government indicated in this regard that it would redouble its efforts to secure more effective labour inspection.

The Committee notes the information from the Government that the concern expressed by the Committee regarding child labour in the informal economy will be taken into account when the NAP strategy is implemented. Referring the Government to its General Survey of 2012 on the fundamental Conventions concerning rights at work (paragraph 345), the Committee points out that the expansion of the relevant monitoring mechanisms to the informal economy can be an important manner in which to ensure that the Convention is applied in practice, particularly in countries where expanding the scope of the implementing legislation to address children working in this sector does not seem a practicable solution. Recalling that the Convention applies to all forms of work or employment, the Committee requests the Government to take measures, in the context of the NAP, to adapt and strengthen the labour inspection services so as to ensure oversight of child labour in the informal economy, and to ensure that children have the protection established in the Convention. It also requests the Government to provide information in its next report on the organization, functioning and work of the labour inspectorate as they concern child labour.

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

The Committee expects that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 2(3) of the Convention. Age of completion of compulsory schooling. Further to its previous comments, the Committee notes the Government’s reference to article 43(5) of the Constitution of 18 February 2006, which provides that primary education shall be compulsory and free in public establishments. It takes due note of the official communication of 30 August 2010 from the President of the Republic and Circular No. MINEPSP/CABMIN/008/2010 of 25 September 2010 under which all direct schooling costs of primary education are covered from the start of the 2010–11 school year. It also notes that, according to information posted on the Senate’s website, a bill establishing the fundamental principles of the national education system was put to the vote and adopted at the ordinary session of March 2011. The Committee also takes note of the detailed statistics on education supplied in the Government’s report. It observes that the primary school completion rate is nearing 65 per cent nationwide. However, there are significant disparities between the regions: for example, the rate stands at 78.5 per cent in the Kinshasa region as compared with 56.2 per cent in South Kivu. Furthermore, the primary school completion rate is much higher among boys than among girls (73.8 per cent as opposed to 54.7 per cent). As regards secondary education, the gross enrolment rate for the first year of secondary school barely reaches 47 per cent nationwide. The Committee also notes that, according to the Education for All Global Monitoring Report 2012, published by UNESCO, although the results of household surveys suggest that the proportion of out-of-school children fell by 25 per cent between 2001 and 2010, the number of out-of-school children is probably well above 2 million, which means that in all likelihood the Democratic Republic of the Congo is among the five countries with the highest number of out-of-school children. Considering that compulsory education is one of the most efficient means of combating child labour, the Committee urges the Government to strengthen its efforts to ensure that children who have not reached the minimum age for admission to employment or work are integrated into the education system, paying special attention to girls. It requests the Government to provide detailed information on the measures taken and the action programmes implemented to this end, and on the results obtained. It also requests the Government to provide a copy of the new national education law establishing the fundamental principles of the system with its next report.

Article 3(3). Admission to hazardous work from the age of 16 years. In its previous comments, the Committee noted that section 10(2) of Ministerial Order No. 12/CAB.MIN/TPSI/045/08 of 8 August 2008 provides that young persons between 16 and 18 years of age may not carry, drag or push, either within or outside the customary workplace, loads of a weight higher than certain maximum levels. The Committee nonetheless pointed out to the Government that the flexibility clause contained 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 consultations must be held with organizations of employers and workers; (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 takes note of the Government’s statement that it undertakes to examine the extent to which the health, safety and morals and vocational training ought to be guaranteed by national regulations before submitting young persons to hazardous work. Observing that this issue has been raised many times, the Committee 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 may be 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 Ministerial Order of 8 August 2008 establishing conditions of work for children draws up a list of light and healthy types of work authorized for children under 18 years of age. The Committee observed that section 17 does not set a minimum age from which a child may perform light work, but appears to allow all young persons under 18 years of age to be engaged in these types of work. It also noted that the Ministerial Order of 8 August 2008 does not set the conditions of employment under which light work may be performed.

The Committee notes the information supplied by the Government to the effect that young persons between 12 and 14 years of age shall perform light work, the duration of which is set by section 5 of the Order, and that sections 17 and 18 establish the conditions of work for light and healthy tasks. It notes however that, although the Order of 8 August 2008 bars children under 18 years of age from working for more than eight hours a day (section 5), from night work (section 6) or from work in certain jobs deemed to be unhealthy, it sets no minimum age for the performance of light and healthy types of work as defined in section 17. The Committee 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 persons 12 to 14 years of age on light work or the performance by these persons of such work, provided that it is: (a) not likely to be harmful to their health or development; (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority, or their capacity to benefit from the instruction received. The Committee therefore requests the Government to take the necessary measures 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 have reached the minimum age for admission to employment or work, namely 14 years, or children who have reached the age of 12 years, provided that the requirements set out in Article 7(1) of the Convention are met.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes with regret that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 1 of the Convention. National policy and application of the Convention in practice. In its previous comments the Committee noted that the Committee on the Rights of the Child (CRC) expressed concern at the prevalence of child labour in the country (CRC/C/15/Add.153, paragraph 66). It also noted that, according to the Government’s initial report submitted to the CRC (CRC/C/3/Add.57, paragraph 196), because of the economic situation a number of parents tolerate or even send their children to do work which they are forbidden to perform by law. The Government indicated that the Ministry of Employment, Labour and Social Insurance was endeavouring to put the National Committee to Combat the Worst Forms of Child Labour into operation and that, once up and running, the committee would devise a national strategy for the abolition of child labour and its worst forms. In the context of this strategy, national action programmes would be formulated, in particular to identify child labour and its worst forms and, with the assistance of the labour inspectorate, to supervise and penalize enterprises that have recourse to child labour.

The Committee notes the information from the Government to the effect that the National Committee to Combat the Worst Forms of Child Labour, in operation since 2006, has drawn up a National Action Plan (NAP) to eliminate the worst forms of child labour by 2020, with technical and financial support from ILO–IPEC. The NAP sets out the strategies and priority actions to be taken for children who are vulnerable to the worst forms of child labour and for poor communities. According to information communicated by ILO–IPEC, the NAP has not as yet been officially adopted. The Committee observes that, according to the results of the Multiple Indicator Cluster Survey of 2010 (MICS-2010) published by UNICEF, in the 5–14 age group, virtually one child in every two is engaged in child labour, particularly in rural areas (46 per cent in rural areas as compared to 34 per cent in urban areas). While noting the measures the Government plans to take to combat child labour, the Committee is bound to express concern at the number of children exposed to child labour whose age is lower than the age for admission to employment or work. The Committee strongly encourages the Government to strengthen its efforts to secure the elimination of child labour. It expresses the firm hope that the NAP will be adopted and implemented without delay, and requests the Government to provide a copy of it. It also requests the Government to provide information on the application of the Convention in practice, including statistics, disaggregated by sex and age group, on the employment of children and young persons, together with extracts of labour inspection reports.

Article 2(1). Scope of application and labour inspection. The Committee noted previously that Act No. 015/2002 of 16 October 2002 issuing the Labour Code applies only where there is a labour relationship. It also noted that the CRC expressed concern at the prevalence of child labour in the informal economy, which frequently falls outside the protection afforded by national legislation (CRC/C/15/Add.153, paragraph 66). The Committee reminded the Government that the Convention applies to all branches of economic activity and that it covers all types of employment or work, whether or not it is performed on the basis of a subordinate labour relationship and whether or not it is remunerated. The Government indicated in this regard that it would redouble its efforts to secure more effective labour inspection.

The Committee notes the information from the Government that the concern expressed by the Committee regarding child labour in the informal economy will be taken into account when the NAP strategy is implemented. Referring the Government to its General Survey of 2012 on the fundamental Conventions concerning rights at work (paragraph 345), the Committee points out that the expansion of the relevant monitoring mechanisms to the informal economy can be an important manner in which to ensure that the Convention is applied in practice, particularly in countries where expanding the scope of the implementing legislation to address children working in this sector does not seem a practicable solution. Recalling that the Convention applies to all forms of work or employment, the Committee requests the Government to take measures, in the context of the NAP, to adapt and strengthen the labour inspection services so as to ensure oversight of child labour in the informal economy, and to ensure that children have the protection established in the Convention. It also requests the Government to provide information in its next report on the organization, functioning and work of the labour inspectorate as they concern child labour.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

Repetition

Article 2(3) of the Convention. Age of completion of compulsory schooling. Further to its previous comments, the Committee notes the Government’s reference to article 43(5) of the Constitution of 18 February 2006, which provides that primary education shall be compulsory and free in public establishments. It takes due note of the official communication of 30 August 2010 from the President of the Republic and Circular No. MINEPSP/CABMIN/008/2010 of 25 September 2010 under which all direct schooling costs of primary education are covered from the start of the 2010–11 school year. It also notes that, according to information posted on the Senate’s website, a bill establishing the fundamental principles of the national education system was put to the vote and adopted at the ordinary session of March 2011. The Committee also takes note of the detailed statistics on education supplied in the Government’s report. It observes that the primary school completion rate is nearing 65 per cent nationwide. However, there are significant disparities between the regions: for example, the rate stands at 78.5 per cent in the Kinshasa region as compared with 56.2 per cent in South Kivu. Furthermore, the primary school completion rate is much higher among boys than among girls (73.8 per cent as opposed to 54.7 per cent). As regards secondary education, the gross enrolment rate for the first year of secondary school barely reaches 47 per cent nationwide. The Committee also notes that, according to the Education for All Global Monitoring Report 2012, published by UNESCO, although the results of household surveys suggest that the proportion of out-of-school children fell by 25 per cent between 2001 and 2010, the number of out-of-school children is probably well above 2 million, which means that in all likelihood the Democratic Republic of the Congo is among the five countries with the highest number of out-of-school children. Considering that compulsory education is one of the most efficient means of combating child labour, the Committee urges the Government to strengthen its efforts to ensure that children who have not reached the minimum age for admission to employment or work are integrated into the education system, paying special attention to girls. It requests the Government to provide detailed information on the measures taken and the action programmes implemented to this end, and on the results obtained. It also requests the Government to provide a copy of the new national education law establishing the fundamental principles of the system with its next report.

Article 3(3). Admission to hazardous work from the age of 16 years. In its previous comments, the Committee noted that section 10(2) of Ministerial Order No. 12/CAB.MIN/TPSI/045/08 of 8 August 2008 provides that young persons between 16 and 18 years of age may not carry, drag or push, either within or outside the customary workplace, loads of a weight higher than certain maximum levels. The Committee nonetheless pointed out to the Government that the flexibility clause contained 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 consultations must be held with organizations of employers and workers; (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 takes note of the Government’s statement that it undertakes to examine the extent to which the health, safety and morals and vocational training ought to be guaranteed by national regulations before submitting young persons to hazardous work. Observing that this issue has been raised many times, the Committee 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 may be 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 Ministerial Order of 8 August 2008 establishing conditions of work for children draws up a list of light and healthy types of work authorized for children under 18 years of age. The Committee observed that section 17 does not set a minimum age from which a child may perform light work, but appears to allow all young persons under 18 years of age to be engaged in these types of work. It also noted that the Ministerial Order of 8 August 2008 does not set the conditions of employment under which light work may be performed.

The Committee notes the information supplied by the Government to the effect that young persons between 12 and 14 years of age shall perform light work, the duration of which is set by section 5 of the Order, and that sections 17 and 18 establish the conditions of work for light and healthy tasks. It notes however that, although the Order of 8 August 2008 bars children under 18 years of age from working for more than eight hours a day (section 5), from night work (section 6) or from work in certain jobs deemed to be unhealthy, it sets no minimum age for the performance of light and healthy types of work as defined in section 17. The Committee 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 persons 12 to 14 years of age on light work or the performance by these persons of such work, provided that it is: (a) not likely to be harmful to their health or development; (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority, or their capacity to benefit from the instruction received. The Committee therefore requests the Government to take the necessary measures 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 have reached the minimum age for admission to employment or work, namely 14 years, or children who have reached the age of 12 years, provided that the requirements set out in Article 7(1) of the Convention are met.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous comments.

Repetition

Article 1 of the Convention. National policy and application of the Convention in practice. In its previous comments the Committee noted that the Committee on the Rights of the Child (CRC) expressed concern at the prevalence of child labour in the country (CRC/C/15/Add.153, paragraph 66). It also noted that, according to the Government’s initial report submitted to the CRC (CRC/C/3/Add.57, paragraph 196), because of the economic situation a number of parents tolerate or even send their children to do work which they are forbidden to perform by law. The Government indicated that the Ministry of Employment, Labour and Social Insurance was endeavouring to put the National Committee to Combat the Worst Forms of Child Labour into operation and that, once up and running, the committee would devise a national strategy for the abolition of child labour and its worst forms. In the context of this strategy, national action programmes would be formulated, in particular to identify child labour and its worst forms and, with the assistance of the labour inspectorate, to supervise and penalize enterprises that have recourse to child labour.

The Committee notes the information from the Government to the effect that the National Committee to Combat the Worst Forms of Child Labour, in operation since 2006, has drawn up a National Action Plan (NAP) to eliminate the worst forms of child labour by 2020, with technical and financial support from ILO–IPEC. The NAP sets out the strategies and priority actions to be taken for children who are vulnerable to the worst forms of child labour and for poor communities. According to information communicated by ILO–IPEC, the NAP has not as yet been officially adopted. The Committee observes that, according to the results of the Multiple Indicator Cluster Survey of 2010 (MICS-2010) published by UNICEF, in the 5–14 age group, virtually one child in every two is engaged in child labour, particularly in rural areas (46 per cent in rural areas as compared to 34 per cent in urban areas). While noting the measures the Government plans to take to combat child labour, the Committee is bound to express concern at the number of children exposed to child labour whose age is lower than the age for admission to employment or work. The Committee strongly encourages the Government to strengthen its efforts to secure the elimination of child labour. It expresses the firm hope that the NAP will be adopted and implemented without delay, and requests the Government to provide a copy of it with its next report. It also requests the Government to provide information on the application of the Convention in practice, including statistics, disaggregated by sex and age group, on the employment of children and young persons, together with extracts of labour inspection reports.

Article 2(1) and Part III of the report form. Scope of application and labour inspection. The Committee noted previously that Act No. 015/2002 of 16 October 2002 issuing the Labour Code applies only where there is a labour relationship. It also noted that the CRC expressed concern at the prevalence of child labour in the informal economy, which frequently falls outside the protection afforded by national legislation (CRC/C/15/Add.153, paragraph 66). The Committee reminded the Government that the Convention applies to all branches of economic activity and that it covers all types of employment or work, whether or not it is performed on the basis of a subordinate labour relationship and whether or not it is remunerated. The Government indicated in this regard that it would redouble its efforts to secure more effective labour inspection.

The Committee notes the information from the Government that the concern expressed by the Committee regarding child labour in the informal economy will be taken into account when the NAP strategy is implemented. Referring the Government to its General Survey of 2012 on the fundamental Conventions concerning rights at work (paragraph 345), the Committee points out that the expansion of the relevant monitoring mechanisms to the informal economy can be an important manner in which to ensure that the Convention is applied in practice, particularly in countries where expanding the scope of the implementing legislation to address children working in this sector does not seem a practicable solution. Recalling that the Convention applies to all forms of work or employment, the Committee requests the Government to take measures, in the context of the NAP, to adapt and strengthen the labour inspection services so as to ensure oversight of child labour in the informal economy, and to ensure that children have the protection established in the Convention. It also requests the Government to provide information in its next report on the organization, functioning and work of the labour inspectorate as they concern child labour.

The Committee recalls that it raised other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 2(3) of the Convention. Age of completion of compulsory schooling. Further to its previous comments, the Committee notes the Government’s reference to article 43(5) of the Constitution of 18 February 2006, which provides that primary education shall be compulsory and free in public establishments. It takes due note of the official communication of 30 August 2010 from the President of the Republic and Circular No. MINEPSP/CABMIN/008/2010 of 25 September 2010 under which all direct schooling costs of primary education are covered from the start of the 2010–11 school year. It also notes that, according to information posted on the Senate’s website, a bill establishing the fundamental principles of the national education system was put to the vote and adopted at the ordinary session of March 2011. The Committee also takes note of the detailed statistics on education supplied in the Government’s report. It observes that the primary school completion rate is nearing 65 per cent nationwide. However, there are significant disparities between the regions: for example, the rate stands at 78.5 per cent in the Kinshasa region as compared with 56.2 per cent in South Kivu. Furthermore, the primary school completion rate is much higher among boys than among girls (73.8 per cent as opposed to 54.7 per cent). As regards secondary education, the gross enrolment rate for the first year of secondary school barely reaches 47 per cent nationwide. The Committee also notes that, according to the Education For All Global Monitoring Report 2012, published by UNESCO, although the results of household surveys suggest that the proportion of out-of-school children fell by 25 per cent between 2001 and 2010, the number of out-of-school children is probably well above 2 million, which means that in all likelihood the Democratic Republic of the Congo is among the five countries with the highest number of out-of-school children. Considering that compulsory education is one of the most efficient means of combating child labour, the Committee urges the Government to strengthen its efforts to ensure that children who have not reached the minimum age for admission to employment or work are integrated into the education system, paying special attention to girls. It requests the Government to provide detailed information on the measures taken and the action programmes implemented to this end, and on the results obtained. It also requests the Government to provide a copy of the new national education law establishing the fundamental principles of the system with its next report.

Article 3(3). Admission to hazardous work from the age of 16 years. In its previous comments, the Committee noted that section 10(2) of Ministerial Order No. 12/CAB.MIN/TPSI/045/08 of 8 August 2008 provides that young persons between 16 and 18 years of age may not carry, drag or push, either within or outside the customary workplace, loads of a weight higher than certain maximum levels. The Committee nonetheless pointed out to the Government that the flexibility clause contained 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 consultations must be held with organizations of employers and workers; (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 takes note of the Government’s statement that it undertakes to examine the extent to which the health, safety and morals and vocational training ought to be guaranteed by national regulations before submitting young persons to hazardous work. Observing that this issue has been raised many times, the Committee 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 may be 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 Ministerial Order of 8 August 2008 establishing conditions of work for children draws up a list of light and healthy types of work authorized for children under 18 years of age. The Committee observed that section 17 does not set a minimum age from which a child may perform light work, but appears to allow all young persons under 18 years of age to be engaged in these types of work. It also noted that the Ministerial Order of 8 August 2008 does not set the conditions of employment under which light work may be performed.

The Committee notes the information supplied by the Government to the effect that young persons between 12 and 14 years of age shall perform light work, the duration of which is set by section 5 of the Order, and that sections 17 and 18 establish the conditions of work for light and healthy tasks. It notes however that, although the Order of 8 August 2008 bars children under 18 years of age from working for more than eight hours a day (section 5), from night work (section 6) or from work in certain jobs deemed to be unhealthy, it sets no minimum age for the performance of light and healthy types of work as defined in section 17. The Committee 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 persons 12 to 14 years of age on light work or the performance by these persons of such work, provided that it is: (a) not likely to be harmful to their health or development; (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority, or their capacity to benefit from the instruction received. The Committee therefore requests the Government to take the necessary measures 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 have reached the minimum age for admission to employment or work, namely 14 years, or children who have reached the age of 12 years, provided that the requirements set out in Article 7(1) of the Convention are met.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. In its previous comments the Committee noted that the Committee on the Rights of the Child (CRC) expressed concern at the prevalence of child labour in the country (CRC/C/15/Add.153, paragraph 66). It also noted that, according to the Government’s initial report submitted to the CRC (CRC/C/3/Add.57, paragraph 196), because of the economic situation a number of parents tolerate or even send their children to do work which they are forbidden to perform by law. The Government indicated that the Ministry of Employment, Labour and Social Insurance was endeavouring to put the National Committee to Combat the Worst Forms of Child Labour in to operation and that, once up and running, the committee would devise a national strategy for the abolition of child labour and its worst forms. In the context of this strategy, national action programmes would be formulated, in particular to identify child labour and its worst forms and, with the assistance of the labour inspectorate, to supervise and penalize enterprises that have recourse to child labour.

The Committee notes the information from the Government to the effect that the National Committee to Combat the Worst Forms of Child Labour, in operation since 2006, has drawn up a National Action Plan (NAP) to eliminate the worst forms of child labour by 2020, with technical and financial support from ILO–IPEC. The NAP sets out the strategies and priority actions to be taken for children who are vulnerable to the worst forms of child labour and for poor communities. According to information communicated by ILO–IPEC, the NAP has not as yet been officially adopted. The Committee observes that, according to the results of the Multiple Indicator Cluster Survey of 2010 (MICS-2010) published by UNICEF, in the 5–14 age group, virtually one child in every two is engaged in child labour, particularly in rural areas (46 per cent in rural areas as compared to 34 per cent in urban areas). While noting the measures the Government plans to take to combat child labour, the Committee is bound to express concern at the number of children exposed to child labour whose age is lower than the age for admission to employment or work. The Committee strongly encourages the Government to strengthen its efforts to secure the elimination of child labour. It expresses the firm hope that the NAP will be adopted and implemented without delay, and requests the Government to provide a copy of it with its next report. It also requests the Government to provide information on the application of the Convention in practice, including statistics, disaggregated by sex and age group, on the employment of children and young persons, together with extracts of labour inspection reports.

Article 2(1) and Part III of the report form. Scope of application and labour inspection. The Committee noted previously that Act No. 015/2002 of 16 October 2002 issuing the Labour Code applies only where there is a labour relationship. It also noted that the CRC expressed concern at the prevalence of child labour in the informal economy, which frequently falls outside the protection afforded by national legislation (CRC/C/15/Add.153, paragraph 66). The Committee reminded the Government that the Convention applies to all branches of economic activity and that it covers all types of employment or work, whether or not it is performed on the basis of a subordinate labour relationship and whether or not it is remunerated. The Government indicated in this regard that it would redouble its efforts to secure more effective labour inspection.

The Committee notes the information from the Government that the concern expressed by the Committee regarding child labour in the informal economy will be taken into account when the NAP strategy is implemented. Referring the Government to its General Survey of 2012 on the fundamental Conventions concerning rights at work (paragraph 345), the Committee points out that the expansion of the relevant monitoring mechanisms to the informal economy can be an important manner in which to ensure that the Convention is applied in practice, particularly in countries where expanding the scope of the implementing legislation to address children working in this sector does not seem a practicable solution. Recalling that the Convention applies to all forms of work or employment, the Committee requests the Government to take measures, in the context of the NAP, to adapt and strengthen the labour inspection services so as to ensure oversight of child labour in the informal economy, and to ensure that children have the protection established in the Convention. It also requests the Government to provide information in its next report on the organization, functioning and work of the labour inspectorate as they concern child labour.

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

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. In its previous comments, the Committee noted that, according to ILO statistics, around 1,895,000 children aged between 10 and 14 years were economically active in the year 2000. Of this number, 1,003,000 were boys and 892,000 were girls. It also noted that the Committee on the Rights of the Child, in its concluding observations in July 2001 (CRC/C/15/Add.153, paragraph 66), expressed concern at the prevalence of child labour, especially in informal sectors which frequently fall outside the protections afforded by domestic legislation. The Committee on the Rights of the Child recommended the Government to take measures to enforce domestic legal protections in both the formal and informal economies. The Committee further noted that the labour inspection service is not operational in the country. Moreover, according to the Government’s initial report submitted to the Committee on the Rights of the Child in August 2000 (CRC/C/3/Add.57, paragraph 196), given the current disastrous economic situation, where employment in the informal economic sector is the only answer for the majority of the population, a number of parents tolerate or even send their children to do work which they are forbidden to perform by law. The Committee requested the Government to provide information on the measures adopted to re-establish the functioning of the labour inspection service and on the manner in which the Convention is applied in practice.

In its report, the Government indicated that, with a view to the abolition of child labour, the Ministry of Employment, Labour and Social Insurance is endeavouring to ensure the operation of the National Committee to Combat the Worst Forms of Child Labour. Once it is in operation, the National Committee will formulate a national strategy for the abolition of child labour and its worst forms. In the context of this strategy, national programmes of action will be formulated, particularly to identify child labour and its worst forms and, with the assistance of the labour inspectorate, to supervise and penalize enterprises that have recourse to child labour. The Government added that it is redoubling its efforts to make the action of labour inspectors and controllers more effective. Finally, it noted that child labour persists throughout the country, among others in the mining sector.

The Committee appreciated the information provided by the Government on the measures that it plans to take for the abolition of child labour and considers that these measures are an affirmation of its political will to develop strategies to combat this problem. However, while noting the instability in the country, particularly in view of the continued conflict, the Committee expressed concern at the persistence of child labour in practice. It therefore firmly requests the Government to take the necessary measures to ensure that the National Committee to Combat the Worst Forms of Child Labour is operational in the very near future and that it formulates the national strategy on the abolition of child labour and its worst forms. It also requests the Government to provide information on any progress achieved in this respect and to transmit a copy of the national strategy once it has been formulated. Finally, the Committee requests the Government to provide information on the manner in which the Convention is applied in practice including, for example, statistical data disaggregated by gender and age category on the nature, extent and trends of work by children and young persons under the minimum age specified by the Government when ratifying the Convention and extracts from the reports of the inspection services.

Article 2(1). Scope of application. Own-account work. The Committee noted previously that Act No. 015/2002 of 16 October 2002 issuing the Labour Code (hereinafter the Labour Code) applies solely to a labour relationship. It reminded the Government that the Convention is applicable to all branches of economic activity and that it covers all types of employment and work, whether or not they are carried out on the basis of a subordinate labour relationship, and whether or not they are paid. The Committee requested the Government to provide information on the manner in which children who are not bound by a labour relationship benefit from the protection afforded by the Convention. In this respect, the Government indicated that, once the National Committee to Combat the Worst Forms of Child Labour is operational, it will formulate programmes of action with the objectives of, among others, identifying and denouncing child labour and its worst forms, preventing the engagement of children in work and paying special attention to vulnerable children. In view of the information referred to above concerning the situation of children working in the informal economy, the Committee expresses the firm hope that the National Committee to Combat the Worst Forms of Child Labour will very soon be in a position to formulate programmes of action and that, in the context of their implementation, measures will be taken to ensure that children who are not bound by a labour relationship, such as those working on their own account or in the informal economy, benefit from the protection envisaged in the Convention. In this respect, it requests the Government, in the context of the adoption of measures to improve the work of labour inspectors and controllers, to envisage the possibility of adapting their functions so that they can secure the protection set out in the Convention for these children. It requests the Government to provide information on this subject.

Seafarers. With reference to its previous comments, the Committee once again requests the Government to provide a copy of Legislative Ordinance No. 66 98 of 14 March 1966 issuing the Maritime Navigation Code.

Article 2(3). Age of completion of compulsory schooling. The Committee noted previously that, according to the Government’s initial report submitted to the Committee on the Rights of the Child in August 2000 (CRC/C/3/Add.57, paragraphs 149, 156 and 157), section 115 of Act No. 86/005 of 29 September 1986 respecting national education (hereinafter Act No. 86/005 of 29 September 1986) makes schooling compulsory for girls and boys until they have reached the age of 15 years. However, the Government indicated that this Act never entered into force. Furthermore, according to the Government, primary education is free but, as a result of the aggravation of the economic crisis, children, and particularly boys, drop out of school from the ages of 12 or 13 to seek their subsistence by doing whatever they can. The Committee also noted that the Committee on the Rights of the Child, in its concluding observations of July 2001 (CRC/C/15/Add.153, paragraphs 60–61), expressed its concern at the high number of children who never attend school or who drop out early from their formal education. The Committee on the Rights of the Child urged the Government to adopt and implement legislation establishing a minimum age for the completion of compulsory schooling and to ensure that primary school and, in so far as possible, secondary education, is free of charge.

In its report, the Government indicated that it is aware that the school attendance rate is low in the country. The rate is around 40 per cent of all children of school age. Against this background, it adopted Order No. 082 of 15 May 2006, defining priorities in the field of education. The Government added that the persistence of areas of insecurity constitutes a barrier to education of children, not only due to the constant movement of families, and therefore children, but also the destruction of school infrastructure through armed conflict, as was the case in 2005 in the north of the province of Katanga, in Ituri, Beni and the province of north Kivu. With the assistance of UNICEF and the United Nations Office for the Coordination of Humanitarian Affairs, assistance has been provided to the damaged schools. In this context, 75 classrooms have been refurbished and over 12,000 displaced schoolboys and girls have benefited from an emergency support programme for education. Furthermore, in the context of the goal of Education for All, the country has established projects, including the Support Project for the Recovery of the Educational Sector (PARSEC) and the Support Project for the Educational Sector (PASE).

In this respect, the Committee took due note of the measures adopted by the Government to increase the school enrolment rate and reduce the school drop-out rate, while according special attention to girls. The Committee noted however that, according to the Education For All Global Monitoring Report 2008, published by UNESCO and entitled Education For All by 2015: Will we make it?, in view of the lack of data, caused in particular by the conflict which persists in the country, it was impossible to make projections for the achievement of the objectives established by the Education For All programme for the Democratic Republic of the Congo by 2015. However, the study indicated that there are major disparities between the two sexes in relation to the gross school attendance rate in primary education, to the detriment of girls, who have to repeat years more often than boys. The study indicated in this respect that the objective of gender parity is at risk of not being achieved in 2015 in the country.

While recognizing the efforts made by the Government to improve the situation, the Committee expressed deep concern at the education situation in the country, particularly with regard to the low rate of school attendance and the high rate of students repeating years, particularly in the case of girls. It observed that poverty is one of the primary causes of child labour and that, when combined with a deficient educational system, it prevents the development of the child. Considering that compulsory education is one of the most effective means of combating child labour, the Committee firmly requests the Government to spare no effort to improve the operation of the education system in the country and to take measures to allow children to attend compulsory basic education or to be integrated into an informal school system. In this respect, it requests the Government to provide information on the measures adopted in the context of the implementation of Order No. 082 of 15 May 2006, which determines priorities in the field of education, with a view to setting an age of completion of compulsory schooling, increasing the school attendance rate and reducing the school drop-out rate, while preventing children under 14 years from working and according special attention to girls. The Committee requests the Government to provide information on the results achieved.

Article 3(3). Admission to hazardous work from the age of 16 years. With reference to its previous comments, the Committee noted that section 10(2) of the Ministerial Order of 8 August 2008 provides that young persons between 16 and 18 years of age may not carry, drag or push, either within or outside the customary workplace, loads of a weight higher than the following maximum levels: (1) occasional manual transport of loads: boys (15 kg) and girls (10 kg); transport on barrows (including the barrow): boys (35 kg) and girls (25 kg); transport by three-or four-wheeled vehicles (including the vehicle): boys (50 kg) and girls (35 kg); and transport on small trucks on flat rails (including the truck) and for up to a maximum of four hours a day: boys (400 kg) and girls (250 kg).

The Committee reminded the Government that, under the terms of Article 3(3) of the Convention, national laws or regulations or the competent authority may, after consultation with the organizations of employers and workers concerned, where such exist, authorize employment or work as from the age of 16 years on condition that: (a) their health, safety and morals are fully protected; and (b) they have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee observed that the Ministerial Order of 8 August 2008 does not contain a provision guaranteeing compliance with the two conditions referred to above. It also observed that, where a government makes use of the flexibility clause envisaged in Article 3(3) of the Convention, it has to take measures to ensure compliance with the two conditions established by this provision of the Convention. The Committee therefore requests the Government to provide information on the measures adopted or envisaged to ensure that the performance of hazardous types of work by young persons between 16 and 18 years of age, especially under the terms of sections 10 and 12, is only authorized in conformity with the provisions of Article 3(3) of the Convention.

Article 6. Apprenticeship and vocational training. With reference to its previous comments, the Committee took due note of the detailed information provided by the Government concerning the regulation of apprenticeship in the country. It requests the Government to provide a copy of Ordinance No. 71-055 organizing vocational training.

Article 7. Light work. In its previous comments, the Committee noted the Government’s indication that Departmental Order No. 28/75 of 30 October 1975, which includes a list of light and healthy work authorized for persons between the ages of 14 and 16 years, will be revised. The Committee noted that section 17 of the new Ministerial Order of 8 August 2008 establishes a list of light and healthy types of work authorized for persons under 18 years of age, including for example: (1) the harvesting of seeds, leaves and fruit with the exception of bananas and palm nuts, provided that the harvest is carried out at ground level; (2) the manual husking of fruits and seeds, the sorting of vegetable products; (3) the making of ties for market gardens; (4) basket work; (5) the herding of small animals and poultry; (6) surveillance by guards, doorkeepers and sentries; (7) the sale of periodicals and hawking not involving the transport of heavy goods; and (8) the types of work that shall be authorized by the competent inspector. The Committee observed that section 17 of the Ministerial Order of 8 August 2008 does not establish the minimum age from which a child may perform light work, but allows all young persons under 18 years of age to be engaged in these types of work. It also notes that the Ministerial Order of 8 August 2008 does not determine the conditions of employment under which light work may be performed.

The Committee reminded the Government that, under the terms of Article 7(1)–(4) of the Convention, national laws or regulations may permit the employment or work of persons 12 to14 years of age on light work which 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 orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. It further recalled that, in addition to the activities in which light work may be authorized, Article 7(3) of the Convention provides that the competent authority shall prescribe the number of hours during which and the conditions in which such employment or work may be undertaken. The Committee therefore requests the Government to provide information on the measures adopted or envisaged to ensure that only persons between 12 and 14 years of age perform light work, in accordance with Article 7(1) of the Convention. It also requests the Government to provide information on the measures adopted or envisaged to prescribe the number of hours during which and the conditions of employment in which light work may be undertaken.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. In its previous comments, the Committee noted that, according to ILO statistics, around 1,895,000 children aged between 10 and 14 years were economically active in the year 2000. Of this number, 1,003,000 were boys and 892,000 were girls. It also noted that the Committee on the Rights of the Child, in its concluding observations in July 2001 (CRC/C/15/Add.153, paragraph 66), expressed concern at the prevalence of child labour, especially in informal sectors which frequently fall outside the protections afforded by domestic legislation. The Committee on the Rights of the Child recommended the Government to take measures to enforce domestic legal protections in both the formal and informal economies. The Committee further noted that the labour inspection service is not operational in the country. Moreover, according to the Government’s initial report submitted to the Committee on the Rights of the Child in August 2000 (CRC/C/3/Add.57, paragraph 196), given the current disastrous economic situation, where employment in the informal economic sector is the only answer for the majority of the population, a number of parents tolerate or even send their children to do work which they are forbidden to perform by law. The Committee requested the Government to provide information on the measures adopted to re-establish the functioning of the labour inspection service and on the manner in which the Convention is applied in practice.

In its report, the Government indicated that, with a view to the abolition of child labour, the Ministry of Employment, Labour and Social Insurance is endeavouring to ensure the operation of the National Committee to Combat the Worst Forms of Child Labour. Once it is in operation, the National Committee will formulate a national strategy for the abolition of child labour and its worst forms. In the context of this strategy, national programmes of action will be formulated, particularly to identify child labour and its worst forms and, with the assistance of the labour inspectorate, to supervise and penalize enterprises that have recourse to child labour. The Government added that it is redoubling its efforts to make the action of labour inspectors and controllers more effective. Finally, it noted that child labour persists throughout the country, among others in the mining sector.

The Committee appreciated the information provided by the Government on the measures that it plans to take for the abolition of child labour and considers that these measures are an affirmation of its political will to develop strategies to combat this problem. However, while noting the instability in the country, particularly in view of the continued conflict, the Committee expressed concern at the persistence of child labour in practice. It therefore firmly requests the Government to take the necessary measures to ensure that the National Committee to Combat the Worst Forms of Child Labour is operational in the very near future and that it formulates the national strategy on the abolition of child labour and its worst forms. It also requests the Government to provide information on any progress achieved in this respect and to transmit a copy of the national strategy once it has been formulated. Finally, the Committee requests the Government to provide information on the manner in which the Convention is applied in practice including, for example, statistical data disaggregated by gender and age category on the nature, extent and trends of work by children and young persons under the minimum age specified by the Government when ratifying the Convention and extracts from the reports of the inspection services.

Article 2(1). Scope of application. Own-account work. The Committee noted previously that Act No. 015/2002 of 16 October 2002 issuing the Labour Code (hereinafter the Labour Code) applies solely to a labour relationship. It reminded the Government that the Convention is applicable to all branches of economic activity and that it covers all types of employment and work, whether or not they are carried out on the basis of a subordinate labour relationship, and whether or not they are paid. The Committee requested the Government to provide information on the manner in which children who are not bound by a labour relationship benefit from the protection afforded by the Convention. In this respect, the Government indicated that, once the National Committee to Combat the Worst Forms of Child Labour is operational, it will formulate programmes of action with the objectives of, among others, identifying and denouncing child labour and its worst forms, preventing the engagement of children in work and paying special attention to vulnerable children. In view of the information referred to above concerning the situation of children working in the informal economy, the Committee expresses the firm hope that the National Committee to Combat the Worst Forms of Child Labour will very soon be in a position to formulate programmes of action and that, in the context of their implementation, measures will be taken to ensure that children who are not bound by a labour relationship, such as those working on their own account or in the informal economy, benefit from the protection envisaged in the Convention. In this respect, it requests the Government, in the context of the adoption of measures to improve the work of labour inspectors and controllers, to envisage the possibility of adapting their functions so that they can secure the protection set out in the Convention for these children. It requests the Government to provide information on this subject.

Seafarers. With reference to its previous comments, the Committee once again requests the Government to provide a copy of Legislative Ordinance No. 66 98 of 14 March 1966 issuing the Maritime Navigation Code.

Article 2(3). Age of completion of compulsory schooling. The Committee noted previously that, according to the Government’s initial report submitted to the Committee on the Rights of the Child in August 2000 (CRC/C/3/Add.57, paragraphs 149, 156 and 157), section 115 of Act No. 86/005 of 29 September 1986 respecting national education (hereinafter Act No. 86/005 of 29 September 1986) makes schooling compulsory for girls and boys until they have reached the age of 15 years. However, the Government indicated that this Act never entered into force. Furthermore, according to the Government, primary education is free but, as a result of the aggravation of the economic crisis, children, and particularly boys, drop out of school from the ages of 12 or 13 to seek their subsistence by doing whatever they can. The Committee also noted that the Committee on the Rights of the Child, in its concluding observations of July 2001 (CRC/C/15/Add.153, paragraphs 60–61), expressed its concern at the high number of children who never attend school or who drop out early from their formal education. The Committee on the Rights of the Child urged the Government to adopt and implement legislation establishing a minimum age for the completion of compulsory schooling and to ensure that primary school and, in so far as possible, secondary education, is free of charge.

In its report, the Government indicated that it is aware that the school attendance rate is low in the country. The rate is around 40 per cent of all children of school age. Against this background, it adopted Order No. 082 of 15 May 2006, defining priorities in the field of education. The Government added that the persistence of areas of insecurity constitutes a barrier to education of children, not only due to the constant movement of families, and therefore children, but also the destruction of school infrastructure through armed conflict, as was the case in 2005 in the north of the province of Katanga, in Ituri, Beni and the province of north Kivu. With the assistance of UNICEF and the United Nations Office for the Coordination of Humanitarian Affairs, assistance has been provided to the damaged schools. In this context, 75 classrooms have been refurbished and over 12,000 displaced schoolboys and girls have benefited from an emergency support programme for education. Furthermore, in the context of the goal of Education for All, the country has established projects, including the Support Project for the Recovery of the Educational Sector (PARSEC) and the Support Project for the Educational Sector (PASE).

In this respect, the Committee took due note of the measures adopted by the Government to increase the school enrolment rate and reduce the school drop-out rate, while according special attention to girls. The Committee noted however that, according to the Education For All Global Monitoring Report 2008, published by UNESCO and entitled Education For All by 2015: Will we make it?, in view of the lack of data, caused in particular by the conflict which persists in the country, it was impossible to make projections for the achievement of the objectives established by the Education For All programme for the Democratic Republic of the Congo by 2015. However, the study indicated that there are major disparities between the two sexes in relation to the gross school attendance rate in primary education, to the detriment of girls, who have to repeat years more often than boys. The study indicated in this respect that the objective of gender parity is at risk of not being achieved in 2015 in the country.

While recognizing the efforts made by the Government to improve the situation, the Committee expressed deep concern at the education situation in the country, particularly with regard to the low rate of school attendance and the high rate of students repeating years, particularly in the case of girls. It observed that poverty is one of the primary causes of child labour and that, when combined with a deficient educational system, it prevents the development of the child. Considering that compulsory education is one of the most effective means of combating child labour, the Committee firmly requests the Government to spare no effort to improve the operation of the education system in the country and to take measures to allow children to attend compulsory basic education or to be integrated into an informal school system. In this respect, it requests the Government to provide information on the measures adopted in the context of the implementation of Order No. 082 of 15 May 2006, which determines priorities in the field of education, with a view to setting an age of completion of compulsory schooling, increasing the school attendance rate and reducing the school drop-out rate, while preventing children under 14 years from working and according special attention to girls. The Committee requests the Government to provide information on the results achieved.

Article 3(3). Admission to hazardous work from the age of 16 years. With reference to its previous comments, the Committee noted that section 10(2) of the Ministerial Order of 8 August 2008 provides that young persons between 16 and 18 years of age may not carry, drag or push, either within or outside the customary workplace, loads of a weight higher than the following maximum levels: (1) occasional manual transport of loads: boys (15 kg) and girls (10 kg); transport on barrows (including the barrow): boys (35 kg) and girls (25 kg); transport by three-or four-wheeled vehicles (including the vehicle): boys (50 kg) and girls (35 kg); and transport on small trucks on flat rails (including the truck) and for up to a maximum of four hours a day: boys (400 kg) and girls (250 kg).

The Committee reminded the Government that, under the terms of Article 3(3) of the Convention, national laws or regulations or the competent authority may, after consultation with the organizations of employers and workers concerned, where such exist, authorize employment or work as from the age of 16 years on condition that: (a) their health, safety and morals are fully protected; and (b) they have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee observed that the Ministerial Order of 8 August 2008 does not contain a provision guaranteeing compliance with the two conditions referred to above. It also observed that, where a government makes use of the flexibility clause envisaged in Article 3(3) of the Convention, it has to take measures to ensure compliance with the two conditions established by this provision of the Convention. The Committee therefore requests the Government to provide information on the measures adopted or envisaged to ensure that the performance of hazardous types of work by young persons between 16 and 18 years of age, especially under the terms of sections 10 and 12, is only authorized in conformity with the provisions of Article 3(3) of the Convention.

Article 6. Apprenticeship and vocational training. With reference to its previous comments, the Committee took due note of the detailed information provided by the Government concerning the regulation of apprenticeship in the country. It requests the Government to provide a copy of Ordinance No. 71-055 organizing vocational training.

Article 7. Light work. In its previous comments, the Committee noted the Government’s indication that Departmental Order No. 28/75 of 30 October 1975, which includes a list of light and healthy work authorized for persons between the ages of 14 and 16 years, will be revised. The Committee noted that section 17 of the new Ministerial Order of 8 August 2008 establishes a list of light and healthy types of work authorized for persons under 18 years of age, including for example: (1) the harvesting of seeds, leaves and fruit with the exception of bananas and palm nuts, provided that the harvest is carried out at ground level; (2) the manual husking of fruits and seeds, the sorting of vegetable products; (3) the making of ties for market gardens; (4) basket work; (5) the herding of small animals and poultry; (6) surveillance by guards, doorkeepers and sentries; (7) the sale of periodicals and hawking not involving the transport of heavy goods; and (8) the types of work that shall be authorized by the competent inspector. The Committee observed that section 17 of the Ministerial Order of 8 August 2008 does not establish the minimum age from which a child may perform light work, but allows all young persons under 18 years of age to be engaged in these types of work. It also notes that the Ministerial Order of 8 August 2008 does not determine the conditions of employment under which light work may be performed.

The Committee reminded the Government that, under the terms of Article 7(1)–(4) of the Convention, national laws or regulations may permit the employment or work of persons 12 to14 years of age on light work which 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 orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. It further recalled that, in addition to the activities in which light work may be authorized, Article 7(3) of the Convention provides that the competent authority shall prescribe the number of hours during which and the conditions in which such employment or work may be undertaken. The Committee therefore requests the Government to provide information on the measures adopted or envisaged to ensure that only persons between 12 and 14 years of age perform light work, in accordance with Article 7(1) of the Convention. It also requests the Government to provide information on the measures adopted or envisaged to prescribe the number of hours during which and the conditions of employment in which light work may be undertaken.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. In its previous comments, the Committee noted that, according to ILO statistics, around 1,895,000 children aged between 10 and 14 years were economically active in the year 2000. Of this number, 1,003,000 were boys and 892,000 were girls. It also noted that the Committee on the Rights of the Child, in its concluding observations in July 2001 (CRC/C/15/Add.153, paragraph 66), expressed concern at the prevalence of child labour, especially in informal sectors which frequently fall outside the protections afforded by domestic legislation. The Committee on the Rights of the Child recommended the Government to take measures to enforce domestic legal protections in both the formal and informal economies. The Committee further noted that the labour inspection service is not operational in the country. Moreover, according to the Government’s initial report submitted to the Committee on the Rights of the Child in August 2000 (CRC/C/3/Add.57, paragraph 196), given the current disastrous economic situation, where employment in the informal economic sector is the only answer for the majority of the population, a number of parents tolerate or even send their children to do work which they are forbidden to perform by law. The Committee requested the Government to provide information on the measures adopted to re-establish the functioning of the labour inspection service and on the manner in which the Convention is applied in practice.

In its report, the Government indicated that, with a view to the abolition of child labour, the Ministry of Employment, Labour and Social Insurance is endeavouring to ensure the operation of the National Committee to Combat the Worst Forms of Child Labour. Once it is in operation, the National Committee will formulate a national strategy for the abolition of child labour and its worst forms. In the context of this strategy, national programmes of action will be formulated, particularly to identify child labour and its worst forms and, with the assistance of the labour inspectorate, to supervise and penalize enterprises that have recourse to child labour. The Government added that it is redoubling its efforts to make the action of labour inspectors and controllers more effective. Finally, it noted that child labour persists throughout the country, among others in the mining sector.

The Committee appreciated the information provided by the Government on the measures that it plans to take for the abolition of child labour and considers that these measures are an affirmation of its political will to develop strategies to combat this problem. However, while noting the instability in the country, particularly in view of the continued conflict, the Committee expressed concern at the persistence of child labour in practice. It therefore firmly requests the Government to take the necessary measures to ensure that the National Committee to Combat the Worst Forms of Child Labour is operational in the very near future and that it formulates the national strategy on the abolition of child labour and its worst forms. It also requests the Government to provide information on any progress achieved in this respect and to transmit a copy of the national strategy once it has been formulated. Finally, the Committee requests the Government to provide information on the manner in which the Convention is applied in practice including, for example, statistical data disaggregated by gender and age category on the nature, extent and trends of work by children and young persons under the minimum age specified by the Government when ratifying the Convention and extracts from the reports of the inspection services.

Article 2(1). Scope of application. (i) Own-account work. The Committee noted previously that Act No. 015/2002 of 16 October 2002 issuing the Labour Code (hereinafter the Labour Code) applies solely to a labour relationship. It reminded the Government that the Convention is applicable to all branches of economic activity and that it covers all types of employment and work, whether or not they are carried out on the basis of a subordinate labour relationship, and whether or not they are paid. The Committee requested the Government to provide information on the manner in which children who are not bound by a labour relationship benefit from the protection afforded by the Convention. In this respect, the Government indicated that, once the National Committee to Combat the Worst Forms of Child Labour is operational, it will formulate programmes of action with the objectives of, among others, identifying and denouncing child labour and its worst forms, preventing the engagement of children in work and paying special attention to vulnerable children. In view of the information referred to above concerning the situation of children working in the informal economy, the Committee expresses the firm hope that the National Committee to Combat the Worst Forms of Child Labour will very soon be in a position to formulate programmes of action and that, in the context of their implementation, measures will be taken to ensure that children who are not bound by a labour relationship, such as those working on their own account or in the informal economy, benefit from the protection envisaged in the Convention. In this respect, it requests the Government, in the context of the adoption of measures to improve the work of labour inspectors and controllers, to envisage the possibility of adapting their functions so that they can secure the protection set out in the Convention for these children. It requests the Government to provide information on this subject.

(ii) Seafarers. With reference to its previous comments, the Committee once again requests the Government to provide a copy of Legislative Ordinance No. 66‑98 of 14 March 1966 issuing the Maritime Navigation Code.

Article 2(3). Age of completion of compulsory schooling. The Committee noted previously that, according to the Government’s initial report submitted to the Committee on the Rights of the Child in August 2000 (CRC/C/3/Add.57, paragraphs 149, 156 and 157), section 115 of Act No. 86/005 of 29 September 1986 respecting national education (hereinafter Act No. 86/005 of 29 September 1986) makes schooling compulsory for girls and boys until they have reached the age of 15 years. However, the Government indicated that this Act never entered into force. Furthermore, according to the Government, primary education is free but, as a result of the aggravation of the economic crisis, children, and particularly boys, drop out of school from the ages of 12 or 13 to seek their subsistence by doing whatever they can. The Committee also noted that the Committee on the Rights of the Child, in its concluding observations of July 2001 (CRC/C/15/Add.153, paragraphs 60 and 61), expressed its concern at the high number of children who never attend school or who drop out early from their formal education. The Committee on the Rights of the Child urged the Government to adopt and implement legislation establishing a minimum age for the completion of compulsory schooling and to ensure that primary school and, in so far as possible, secondary education, is free of charge.

In its report, the Government indicated that it is aware that the school attendance rate is low in the country. The rate is around 40 per cent of all children of school age. Against this background, it adopted Order No. 082 of 15 May 2006, defining priorities in the field of education. The Government added that the persistence of areas of insecurity constitutes a barrier to education of children, not only due to the constant movement of families, and therefore children, but also the destruction of school infrastructure through armed conflict, as was the case in 2005 in the north of the province of Katanga, in Ituri, Beni and the province of north Kivu. With the assistance of UNICEF and the United Nations Office for the Coordination of Humanitarian Affairs, assistance has been provided to the damaged schools. In this context, 75 classrooms have been refurbished and over 12,000 displaced schoolboys and girls have benefited from an emergency support programme for education. Furthermore, in the context of the goal of Education For All, the country has established projects, including the Support Project for the Recovery of the Educational Sector (PARSEC) and the Support Project for the Educational Sector (PASE).

In this respect, the Committee took due note of the measures adopted by the Government to increase the school enrolment rate and reduce the school drop-out rate, while according special attention to girls. The Committee noted however that, according to the Education For All Global Monitoring Report 2008, published by UNESCO and entitled “Education For All by 2015: Will we make it?”, in view of the lack of data, caused in particular by the conflict which persists in the country, it was impossible to make projections for the achievement of the objectives established by the Education For All programme for the Democratic Republic of the Congo by 2015. However, the study indicated that there are major disparities between the two sexes in relation to the gross school attendance rate in primary education, to the detriment of girls, who have to repeat years more often than boys. The study indicated in this respect that the objective of gender parity is at risk of not being achieved in 2015 in the country.

While recognizing the efforts made by the Government to improve the situation, the Committee expressed deep concern at the education situation in the country, particularly with regard to the low rate of school attendance and the high rate of students repeating years, particularly in the case of girls. It observed that poverty is one of the primary causes of child labour and that, when combined with a deficient educational system, it prevents the development of the child. Considering that compulsory education is one of the most effective means of combating child labour, the Committee firmly requests the Government to spare no effort to improve the operation of the education system in the country and to take measures to allow children to attend compulsory basic education or to be integrated into an informal school system. In this respect, it requests the Government to provide information on the measures adopted in the context of the implementation of Order No. 082 of 15 May 2006, which determines priorities in the field of education, with a view to setting an age of completion of compulsory schooling, increasing the school attendance rate and reducing the school drop-out rate, while preventing children under 14 years from working and according special attention to girls. The Committee requests the Government to provide information on the results achieved.

Article 3(1) and (2). Minimum age for admission to hazardous types of work and the determination of such types of work. In its previous comments, the Committee noted the information provided by the Government that Ministerial Order No. 68/13 of 17 May 1968 establishing the working conditions of women and children (hereinafter Order No. 68/13 of 17 May 1968) remains in force while awaiting the adoption of new measures to give effect to the Labour Code of 2002. The Committee noted with interest the adoption of Ministerial Order No. 12/CAB/MIN/TPS/045/08 of 8 August 2008 determining the working conditions of children (hereinafter the Ministerial Order of 8 August 2008) which prohibits the employment of young persons under 18 years of age (section 1) and contains a detailed list of the types of hazardous work that are prohibited for young persons under 18 years of age (sections 9–15).

Article 3(3). Admission to hazardous work from the age of 16 years. With reference to its previous comments, the Committee noted that section 10(2) of the Ministerial Order of 8 August 2008 provides that young persons between 16 and 18 years of age may not carry, drag or push, either within or outside the customary workplace, loads of a weight higher than the following maximum levels: (1) occasional manual transport of loads: boys (15 kg) and girls (10 kg); transport on barrows (including the barrow): boys (35 kg) and girls (25 kg); transport by three-or four-wheeled vehicles (including the vehicle): boys (50 kg) and girls (35 kg); and transport on small trucks on flat rails (including the truck) and for up to a maximum of four hours a day: boys (400 kg) and girls (250 kg).

The Committee reminded the Government that, under the terms of Article 3(3), of the Convention, national laws or regulations or the competent authority may, after consultation with the organizations of employers and workers concerned, where such exist, authorize employment or work as from the age of 16 years on condition that: (a) their health, safety and morals are fully protected; and (b) they have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee observed that the Ministerial Order of 8 August 2008 does not contain a provision guaranteeing compliance with the two conditions referred to above. It also observed that, where a government makes use of the flexibility clause envisaged in Article 3(3), of the Convention, it has to take measures to ensure compliance with the two conditions established by this provision of the Convention. The Committee therefore requests the Government to provide information on the measures adopted or envisaged to ensure that the performance of hazardous types of work by young persons between 16 and 18 years of age, especially under the terms of sections 10 and 12, is only authorized in conformity with the provisions of Article 3(3), of the Convention.

Article 6. Apprenticeship and vocational training. With reference to its previous comments, the Committee took due note of the detailed information provided by the Government concerning the regulation of apprenticeship in the country. It requests the Government to provide a copy of Ordinance No. 71-055 organizing vocational training.

Article 7. Light work. In its previous comments, the Committee noted the Government’s indication that Departmental Order No. 28/75 of 30 October 1975, which includes a list of light and healthy work authorized for persons between the ages of 14 and 16 years, will be revised. The Committee noted that section 17 of the new Ministerial Order of 8 August 2008 establishes a list of light and healthy types of work authorized for persons under 18 years of age, including for example: (1) the harvesting of seeds, leaves and fruit with the exception of bananas and palm nuts, provided that the harvest is carried out at ground level; (2) the manual husking of fruits and seeds, the sorting of vegetable products; (3) the making of ties for market gardens; (4) basket work; (5) the herding of small animals and poultry; (6) surveillance by guards, doorkeepers and sentries; (7) the sale of periodicals and hawking not involving the transport of heavy goods; and (8) the types of work that shall be authorized by the competent inspector. The Committee observed that section 17 of the Ministerial Order of 8 August 2008 does not establish the minimum age from which a child may perform light work, but allows all young persons under 18 years of age to be engaged in these types of work. It also notes that the Ministerial Order of 8 August 2008 does not determine the conditions of employment under which light work may be performed.

The Committee reminded the Government that, under the terms of
Article 7(1)–(4), of the Convention, national laws or regulations may permit the employment or work of persons 12 to14 years of age on light work which 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 orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. It further recalled that, in addition to the activities in which light work may be authorized, Article 7(3), of the Convention provides that the competent authority shall prescribe the number of hours during which and the conditions in which such employment or work may be undertaken. The Committee therefore requests the Government to provide information on the measures adopted or envisaged to ensure that only persons between 12 and 14 years of age perform light work, in accordance with Article 7(1), of the Convention. It also requests the Government to provide information on the measures adopted or envisaged to prescribe the number of hours during which and the conditions of employment in which light work may be undertaken.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. In its previous comments, the Committee noted that, according to ILO statistics, around 1,895,000 children aged between 10 and 14 years were economically active in the year 2000. Of this number, 1,003,000 were boys and 892,000 were girls. It also noted that the Committee on the Rights of the Child, in its concluding observations in July 2001 (CRC/C/15/Add.153, paragraph 66), expressed concern at the prevalence of child labour, especially in informal sectors which frequently fall outside the protections afforded by domestic legislation. The Committee on the Rights of the Child recommended the Government to take measures to enforce domestic legal protections in both the formal and informal economies. The Committee further noted that the labour inspection service is not operational in the country. Moreover, according to the Government’s initial report submitted to the Committee on the Rights of the Child in August 2000 (CRC/C/3/Add.57, paragraph 196), given the current disastrous economic situation, where employment in the informal economic sector is the only answer for the majority of the population, a number of parents tolerate or even send their children to do work which they are forbidden to perform by law. The Committee requested the Government to provide information on the measures adopted to re-establish the functioning of the labour inspection service and on the manner in which the Convention is applied in practice.

In its report, the Government indicates that, with a view to the abolition of child labour, the Ministry of Employment, Labour and Social Insurance is endeavouring to ensure the operation of the National Committee to Combat the Worst Forms of Child Labour. Once it is in operation, the National Committee will formulate a national strategy for the abolition of child labour and its worst forms. In the context of this strategy, national programmes of action will be formulated, particularly to identify child labour and its worst forms and, with the assistance of the labour inspectorate, to supervise and penalize enterprises that have recourse to child labour. The Government adds that it is redoubling its efforts to make the action of labour inspectors and controllers more effective. Finally, it notes that child labour persists throughout the country, among others in the mining sector.

The Committee appreciates the information provided by the Government on the measures that it plans to take for the abolition of child labour and considers that these measures are an affirmation of its political will to develop strategies to combat this problem. However, while noting the instability in the country, particularly in view of the continued conflict, the Committee expresses concern at the persistence of child labour in practice. It therefore firmly requests the Government to take the necessary measures to ensure that the National Committee to Combat the Worst Forms of Child Labour is operational in the very near future and that it formulates the national strategy on the abolition of child labour and its worst forms. It also requests the Government to provide information on any progress achieved in this respect and to transmit a copy of the national strategy once it has been formulated. Finally, the Committee requests the Government to provide information on the manner in which the Convention is applied in practice including, for example, statistical data disaggregated by gender and age category on the nature, extent and trends of work by children and young persons under the minimum age specified by the Government when ratifying the Convention and extracts from the reports of the inspection services.

Article 2, paragraph 1. Scope of application. (i) Own-account work. The Committee noted previously that Act No. 015/2002 of 16 October 2002 issuing the Labour Code (hereinafter the Labour Code) applies solely to a labour relationship. It reminded the Government that the Convention is applicable to all branches of economic activity and that it covers all types of employment and work, whether or not they are carried out on the basis of a subordinate labour relationship, and whether or not they are paid. The Committee requested the Government to provide information on the manner in which children who are not bound by a labour relationship benefit from the protection afforded by the Convention. In this respect, the Government indicates that, once the National Committee to Combat the Worst Forms of Child Labour is operational, it will formulate programmes of action with the objectives of, among others, identifying and denouncing child labour and its worst forms, preventing the engagement of children in work and paying special attention to vulnerable children. In view of the information referred to above concerning the situation of children working in the informal economy, the Committee expresses the firm hope that the National Committee to Combat the Worst Forms of Child Labour will very soon be in a position to formulate programmes of action and that, in the context of their implementation, measures will be taken to ensure that children who are not bound by a labour relationship, such as those working on their own account or in the informal economy, benefit from the protection envisaged in the Convention. In this respect, it requests the Government, in the context of the adoption of measures to improve the work of labour inspectors and controllers, to envisage the possibility of adapting their functions so that they can secure the protection set out in the Convention for these children. It requests the Government to provide information on this subject.

(ii) Seafarers. With reference to its previous comments, the Committee once again requests the Government to provide a copy of Legislative Ordinance No. 66-98 of 14 March 1966 issuing the Maritime Navigation Code.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee noted previously that, according to the Government’s initial report submitted to the Committee on the Rights of the Child in August 2000 (CRC/C/3/Add.57, paragraphs 149, 156 and 157), section 115 of Act No. 86/005 of 29 September 1986 respecting national education (hereinafter Act No. 86/005 of 29 September 1986) makes schooling compulsory for girls and boys until they have reached the age of 15 years. However, the Government indicated that this Act never entered into force. Furthermore, according to the Government, primary education is free but, as a result of the aggravation of the economic crisis, children, and particularly boys, drop out of school from the ages of 12 or 13 to seek their subsistence by doing whatever they can. The Committee also noted that the Committee on the Rights of the Child, in its concluding observations of July 2001 (CRC/C/15/Add.153, paragraphs 60 and 61), expressed its concern at the high number of children who never attend school or who drop out early from their formal education. The Committee on the Rights of the Child urged the Government to adopt and implement legislation establishing a minimum age for the completion of compulsory schooling and to ensure that primary school and, in so far as possible, secondary education, is free of charge.

In its report, the Government indicates that it is aware that the school attendance rate is low in the country. The rate is around 40 per cent of all children of school age. Against this background, it adopted Order No. 082 of 15 May 2006, defining priorities in the field of education. The Government adds that the persistence of areas of insecurity constitutes a barrier to education of children, not only due to the constant movement of families, and therefore children, but also the destruction of school infrastructure through armed conflict, as was the case in 2005 in the north of the province of Katanga, in Ituri, Beni and the province of north Kivu. With the assistance of UNICEF and the United Nations Office for the Coordination of Humanitarian Affairs, assistance has been provided to the damaged schools. In this context, 75 classrooms have been refurbished and over 12,000 displaced schoolboys and girls have benefited from an emergency support programme for education. Furthermore, in the context of the goal of Education For All, the country has established projects, including the Support Project for the Recovery of the Educational Sector (PARSEC) and the Support Project for the Educational Sector (PASE).

In this respect, the Committee takes due note of the measures adopted by the Government to increase the school enrolment rate and reduce the school drop-out rate, while according special attention to girls. The Committee notes however that, according to the Education For All Global Monitoring Report 2008, published by UNESCO and entitled “Education For All by 2015: Will we make it?”, in view of the lack of data, caused in particular by the conflict which persists in the country, it was impossible to make projections for the achievement of the objectives established by the Education For All programme for the Democratic Republic of the Congo by 2015. However, the study indicates that there are major disparities between the two sexes in relation to the gross school attendance rate in primary education, to the detriment of girls, who have to repeat years more often than boys. The study indicates in this respect that the objective of gender parity is at risk of not being achieved in 2015 in the country.

While recognizing the efforts made by the Government to improve the situation, the Committee expresses deep concern at the education situation in the country, particularly with regard to the low rate of school attendance and the high rate of students repeating years, particularly in the case of girls. It observes that poverty is one of the primary causes of child labour and that, when combined with a deficient educational system, it prevents the development of the child. Considering that compulsory education is one of the most effective means of combating child labour, the Committee firmly requests the Government to spare no effort to improve the operation of the education system in the country and to take measures to allow children to attend compulsory basic education or to be integrated into an informal school system. In this respect, it requests the Government to provide information on the measures adopted in the context of the implementation of Order No. 082 of 15 May 2006, which determines priorities in the field of education, with a view to setting an age of completion of compulsory schooling, increasing the school attendance rate and reducing the school drop-out rate, while preventing children under 14 years from working and according special attention to girls. The Committee requests the Government to provide information on the results achieved.

Article 3, paragraphs 1 and 2. Minimum age for admission to hazardous types of work and the determination of such types of work. In its previous comments, the Committee noted the information provided by the Government that Ministerial Order No. 68/13 of 17 May 1968 establishing the working conditions of women and children (hereinafter Order No. 68/13 of 17 May 1968) remains in force while awaiting the adoption of new measures to give effect to the Labour Code of 2002. The Committee notes with interest the adoption of Ministerial Order No. 12/CAB/MIN/TPS/045/08 of 8 August 2008 determining the working conditions of children (hereinafter the Ministerial Order of 8 August 2008) which prohibits the employment of young persons under 18 years of age (section 1) and contains a detailed list of the types of hazardous work that are prohibited for young persons under 18 years of age (sections 9–15).

Article 3, paragraph 3. Admission to hazardous work from the age of 16 years. With reference to its previous comments, the Committee notes that section 10(2) of the Ministerial Order of 8 August 2008 provides that young persons between 16 and 18 years of age may not carry, drag or push, either within or outside the customary workplace, loads of a weight higher than the following maximum levels: (1) occasional manual transport of loads: boys (15kg) and girls (10kg); transport on barrows (including the barrow): boys (35kg) and girls (25kg); transport by three- or four-wheeled vehicles (including the vehicle): boys (50kg) and girls (35kg); and transport on small trucks on flat rails (including the truck) and for up to a maximum of four hours a day: boys (400kg) and girls (250kg).

The Committee reminds the Government that, under the terms of Article 3, paragraph 3, of the Convention, national laws or regulations or the competent authority may, after consultation with the organizations of employers and workers concerned, where such exist, authorize employment or work as from the age of 16 years on condition that: (a) their health, safety and morals are fully protected; and (b) they have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee observes that the Ministerial Order of 8 August 2008 does not contain a provision guaranteeing compliance with the two conditions referred to above. It also observes that, where a government makes use of the flexibility clause envisaged in Article 3, paragraph 3, of the Convention, it has to take measures to ensure compliance with the two conditions established by this provision of the Convention. The Committee therefore requests the Government to provide information on the measures adopted or envisaged to ensure that the performance of hazardous types of work by young persons between 16 and 18 years of age, especially under the terms of sections 10 and 12, is only authorized in conformity with the provisions of Article 3, paragraph 3, of the Convention.

Article 6. Apprenticeship and vocational training. With reference to its previous comments, the Committee takes due note of the detailed information provided by the Government concerning the regulation of apprenticeship in the country. It requests the Government to provide a copy of Ordinance No. 71-055 organizing vocational training.

Article 7. Light work. In its previous comments, the Committee noted the Government’s indication that Departmental Order No. 28/75 of 30 October 1975, which includes a list of light and healthy work authorized for persons between the ages of 14 and 16 years, will be revised. The Committee notes that section 17 of the new Ministerial Order of 8 August 2008 establishes a list of light and healthy types of work authorized for persons under 18 years of age, including for example: (1) the harvesting of seeds, leaves and fruit with the exception of bananas and palm nuts, provided that the harvest is carried out at ground level; (2) the manual husking of fruits and seeds, the sorting of vegetable products; (3) the making of ties for market gardens; (4) basket work; (5) the herding of small animals and poultry; (6) surveillance by guards, doorkeepers and sentries; (7) the sale of periodicals and hawking not involving the transport of heavy goods; and (8) the types of work that shall be authorized by the competent inspector. The Committee observes that section 17 of the Ministerial Order of 8 August 2008 does not establish the minimum age from which a child may perform light work, but allows all young persons under 18 years of age to be engaged in these types of work. It also notes that the Ministerial Order of 8 August 2008 does not determine the conditions of employment under which light work may be performed.

The Committee reminds the Government that, under the terms of Article 7, paragraphs 1 and 4, of the Convention, national laws or regulations may permit the employment or work of persons 12 to14 years of age on light work which 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 orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. It further recalls that, in addition to the activities in which light work may be authorized, Article 7, paragraph 3, of the Convention provides that the competent authority shall prescribe the number of hours during which and the conditions in which such employment or work may be undertaken. The Committee therefore requests the Government to provide information on the measures adopted or envisaged to ensure that only persons between 12 and 14 years of age perform light work, in accordance with Article 7, paragraph 1, of the Convention. It also requests the Government to provide information on the measures adopted or envisaged to prescribe the number of hours during which and the conditions of employment in which light work may be undertaken.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 2, paragraph 1, of the Convention. 1. Scope of application. 
(i) Self-employment. The Committee noted that, under the terms of section 1, paragraph 1, of Act No. 015/2002 of 16 October 2002 promulgating the Labour Code (henceforth to be referred to as the Labour Code), the Code applies to all workers and employers. Section 7(a) of the Labour Code defines the term worker as “any physical person old enough to enter into a contract who has undertaken to place his or her occupational activity, in return for remuneration, under the direction and authority of a physical or moral, public or private, person, bound by an employment contract”. Section 7(b) of the Code defines the term “employer” as “any physical or moral person, public or private, who employs the services of one or more workers by virtue of an employment contract”. The Committee noted that, by virtue of these provisions, the Labour Code only applies to a labour relationship. Furthermore, the Committee noted that, by virtue of section 133, paragraph 1, of the Labour Code, children may not be employed in an enterprise, even as apprentices, prior to the age of 15, unless an express exemption is granted by the labour inspector and the parental authority or guardian.

The Committee recalled that the Convention is applicable to all branches of economic activity and that it covers all types of employment and labour, whether they be carried out on the basis of an employment relationship or not and whether the worker concerned is remunerated or not. It also recalled that, by virtue of Article 2, paragraph 1, of the Convention, no one under the minimum age of 15 years shall be admitted to employment or work in any occupation, subject to the provisions of Articles 4 to 8 of the present Convention. The Committee therefore requests the Government to provide information on the manner in which those children not bound by an employment relationship, such as those who are self‑employed, or who do not work in an enterprise, enjoy the protection provided for in the Convention.

(ii) Seafarers. The Committee noted the information provided by the Government, according to which, in the case of the maritime sector, Ordinance No. 66-98 of 14 March 1996 promulgating the relevant Code states, in section 216, that no one may enter into a maritime contractual commitment unless he has reached the age of 16, in the case of port work and 18 in the case of work carried out in the engine room. The Committee requests the Government to provide a copy of Ordinance No. 66-98 of 14 March 1996.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee noted that, in its initial report transmitted to the Committee on the Rights of the Child in August 2000 (CRC/C/3/Add.57, paragraphs 149, 156 and 157), the Government indicated that the right to education is guaranteed by the transitional Constitution and Framework Act No. 86/005 (national education) of 29 September 1986 (henceforth Law No. 86/005). Section 115 of Act No. 86/005 makes schooling compulsory for boys and girls until they have completed their 15th year. The States General of National Education provide for primary education to be free of charge. The Government, however, indicated that this Law has not entered into force, for lack of implementing measures. Moreover, the Government also indicated that, as a consequence of the worsening economic crisis, children, especially boys, drop out of school from the age of 12 or 13 years onwards to make a living by their wits. In its concluding observations in July 2001 (CRC/C/15/Add.153, paragraphs 60 and 61), the Committee on the Rights of the Child expressed its concern at the high number of children who never attend school or who drop out early from their formal education. The Committee is further concerned that Act No. 86/005 of 29 September 1986 on national education has not yet entered into force, with a negative impact on children’s access to education. The Committee is concerned that school infrastructure and equipment are very inadequate. The Committee urged the Government to adopt and implement legislation establishing a minimum age for the completion of compulsory education and providing for genuinely free primary and, as far as possible, secondary education, with emphasis on assisting children from the most disadvantaged backgrounds. The Committee also recommended that the Government implement measures to increase enrolment of children in school and reduce the drop-out rate.

The Committee considered that compulsory schooling is one of the most effective means of combating child labour. Having taken account of the information mentioned above, the Committee requests the Government to take the necessary measures in order to ensure that Act No. 86/005 enters into force as soon as possible. Furthermore, in order to prevent child labour from occurring, the Committee requests the Government to transmit information on the measures taken or envisaged to increase school attendance and to reduce school drop-out rates. It also requests the Government to indicate the manner in which compulsory schooling is effectively followed up in practice and to provide information concerning rates of school enrolment and attendance.

Article 3, paragraph 1. Minimum age of admission to hazardous work. The Committee noted the information provided by the Government, according to which Ministerial Order No. 68/13 of 17 May 1968, establishing the working conditions of women and children (henceforth Order No. 68/13) remains in force pending the completion of new measures of application of the Labour Code of 2002. Under the terms of section 1 of Order No. 68/13, all employers are prohibited from employing children in work exceeding their physical capacities, work which exposes them to high occupational risks, or which, by its nature and the conditions under which it is carried out, is likely to harm their morals. The Committee noted that Order No. 68/13 does not contain any definition of the term “child”. It notes, however, that section 219 of the Family Code defines the term “minor” as an individual of either sex who is not yet 18 years old. The Committee understands that the term “child” used in article 1 of Order No. 68/13 applies to children under 18 years of age. It would be grateful if the Government would provide a precise definition of this term.

As to the new implementing measures of the Labour Code of 2002 that the Government intends to adopt, the Committee recalled that, under the terms of Article 3, paragraph 1, of the Convention, the minimum age of admission to hazardous work, that is to say to any type of employment or work which, by its nature or the circumstances in which it is carried out is likely to jeopardize the health, safety or morals of young persons, shall not be less than 18 years. The Committee requests the Government to take into consideration the provisions of Article 3, paragraph 1, when the measures of application of the Labour Code of 2002 are being formulated.

Article 3, paragraph 2. Determination of types of hazardous work. The Committee noted that section 32 of Order No. 68/13 includes a list of hazardous and unhealthy work prohibited to children under the age of 18. It also noted that paragraph 13 of section 32 prohibits in a general manner any work prohibited by a labour inspector due to its hazardous or unhealthy nature. Furthermore, section 28 of Order No. 68/13 prohibits the use of children under the age of 18 in the regular transportation of loads. Under the terms of section 31, children of both sexes under the age of 18 may not be employed in the transportation of loads on hand-trucks or other similar vehicles. Furthermore, section 35 provides that the employment of children aged under 18 years in bars and other public places where alcoholic drinks are consumed is prohibited. The Committee noted that this Order was adopted under the Labour Code of 1967. In so far as a new Labour Code was adopted in 2002, the Committee referred to the provisions of Paragraph 10(2) of the Minimum Age Recommendation, 1973 (No. 146), which requests the Government to re-examine periodically and revise the list of the types of employment or work addressed by Article 3 of the Convention, as necessary, particularly in the light of advancing scientific and technological knowledge. The Committee requests the Government to indicate whether the labour inspector has prohibited certain types of work because of their hazardous or unhealthy nature, as provided for in paragraph 13 of section 32 of Order No. 68/13.

Article 3, paragraph 3. Admission to hazardous work from the age of 16 years. The Committee noted that section 37 of Order No. 68/13 states that the labour inspector may grant temporary exemptions to the provisions of section 32 (hazardous and unhealthy work) for children over the age of 16 years and under 18 years when urgent vocational training needs require it, upon request by the employer and when authorized by the labour inspector for that particular region. These exemptions are not authorized for young female workers. The Committee also noted that, according to section 25 of Order 68/13, children over 16 years and under 18 years may not carry out more than eight hours of effective work per day. When working hours exceed four hours a day, this period should be interrupted by one or more breaks, the total duration of which should be no shorter than an hour. Furthermore, the Committee noted that, under the terms of section 137 of the Labour Code, the labour inspector may request that children be examined by a doctor in order to check whether the work in which they have been engaged exceeds their physical capabilities.

The Committee noted that the condition contained in Article 3, paragraph 3, of the Convention to the effect that the health, safety and morals of young persons aged between 16 and 18 years authorized to carry out hazardous work shall be protected is met by the provisions mentioned above. It recalled, however, that Article 3, paragraph 3, of the Convention, also requires that young persons aged between 16 and 18 years shall receive specific instruction or vocational training in the relevant branch of activity. The Committee thus requests the Government to provide information on the measures taken or envisage in order to ensure that young people aged between 16 and 18 years who are authorized to carry out hazardous work shall receive specific instruction or vocational training in the relevant branch of activity.

Article 6. Apprenticeship and vocational training. The Committee noted that, according to section 133 of the Labour Code, children may not be employed in an enterprise, even as apprentices, prior to the age of 15, unless an express exemption is granted by the labour inspector and the parental authority or guardian. Section 24, paragraph 2, of the Code provides that the master is obliged to treat the apprentice with consideration and respect throughout the period of the apprenticeship and to monitor his health and safety while taking account of the circumstances and nature of the work. Under the terms of section 26, paragraph 2, of the Code, the apprentice must carry out the work entrusted to him to the best of his ability. Moreover, according to section 33 of the Code, the labour inspector is responsible for overseeing the execution of the apprenticeship contract. The Committee requests the Government to provide information on the rules governing apprenticeship in the Democratic Republic of the Congo, especially with regard to the working conditions of apprentices in practice and consultations with the employers’ and workers’ organizations concerned.

Article 7. Light work. The Committee noted that section 24 of Order No. 68/13 of 17 May 1968 provides that children aged between 14 and 16 years may be employed in light, healthy work, on the condition that such work does not exceed four hours a day, with regard both to school days and holidays. Such work shall not contravene the requirements in force with regard to schooling. It also noted that section 9 of Departmental Order No. 28/75 of 30 October 1975 includes a list of light and healthy work authorized for persons between the ages of 14 and 16 years. The Committee noted that, according to the Government, Departmental Order No. 28/75 would be revised very soon. It thus requests the Government to forward to the Office a copy of the Order once it has been amended.

Article 1 and Part V of the report form. National policy and application in practice of the Convention. The Committee noted that, according to the ILO’s statistical data, around 1,895,000 children aged between 10 and 14 years were economically active in the year 2000. Of this number, 1,003,000 were boys and 892,000 were girls. Furthermore, the Committee noted that, in its concluding observations in July 2001 (CRC/C/15/Add.153, paragraph 66), the Committee on the Rights of the Child joined the State party in expressing concern at the prevalence of child labour, especially in informal sectors which frequently fall outside of the protections afforded by domestic legislation. The Committee recommended that the State party make every effort to end child labour, including through the dissemination of children's rights to employers, parents, the public in general and to children themselves. The Committee recommended, in particular, that the State party implement measures to enforce domestic legal protections in both the formal and informal work sectors.

Furthermore, the Committee noted that under section 187, paragraph 1, of the Labour Code, the labour inspectorate is responsible for ensuring the application of legal provisions governing working conditions and the protection of workers whilst carrying out their work, in particular with regard to the provisions governing child labour. The Committee noted however that, according to the information available to the ILO, the labour inspection service does not operate throughout the entire country. It also notes the information forwarded by the Government in its initial report to the Committee on the Rights of the Child in August 2000 (CRC/C/3/Add.57, paragraph 196), according to which, given the current disastrous economic situation, where employment in the informal economic sector is the only answer for the majority of the population, a number of parents tolerate or even send their children to do work which the latter are forbidden to perform by law.

The Committee was concerned by the situation of young children in the Democratic Republic of the Congo who are forced to work out of personal necessity. In this regard, it noted that, according to the statistical data mentioned above, the implementation of regulations governing child labour appeared to present certain difficulties and that child labour was a problem in practice. The Committee requests the Government to increase its efforts to gradually improve the situation, in particular through the adoption of a national policy ensuring the effective abolition of child labour. The Committee asks the Government to communicate information on measures taken or envisaged to ensure the effective functioning of the labour inspection service. The Committee also requests the Government to provide specific information on the way in which the Convention is applied in practice, including, for example, statistical data on the employment of children and young persons, extracts from inspection service reports and information on the number and nature of infringements.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 2, paragraph 1, of the Convention. 1. Scope of application. (i) Self-employment. The Committee notes that, under the terms of section 1, paragraph 1, of Act No. 015/2002 of 16 October 2002 promulgating the Labour Code (henceforth to be referred to as the Labour Code), the Code applies to all workers and employers. Section 7(a) of the Labour Code defines the term worker as “any physical person old enough to enter into a contract who has undertaken to place his or her occupational activity, in return for remuneration, under the direction and authority of a physical or moral, public or private, person, bound by an employment contract”. Section 7(b) of the Code defines the term “employer” as “any physical or moral person, public or private, who employs the services of one or more workers by virtue of an employment contract”. The Committee notes that, by virtue of these provisions, the Labour Code only applies to a labour relationship. Furthermore, the Committee notes that, by virtue of section 133, paragraph 1, of the Labour Code, children may not be employed in an enterprise, even as apprentices, prior to the age of 15, unless an express exemption is granted by the labour inspector and the parental authority or guardian.

The Committee recalls that the Convention is applicable to all branches of economic activity and that it covers all types of employment and labour, whether they be carried out on the basis of an employment relationship or not and whether the worker concerned is remunerated or not. It also recalls that, by virtue of Article 2, paragraph 1, of the Convention, no one under the minimum age of 15 years shall be admitted to employment or work in any occupation, subject to the provisions of Articles 4 to 8 of the present Convention. The Committee therefore requests the Government to provide information on the manner in which those children not bound by an employment relationship, such as those who are self-employed, or who do not work in an enterprise, enjoy the protection provided for in the Convention.

(ii) Seafarers. The Committee notes the information provided by the Government, according to which, in the case of the maritime sector, Ordinance No. 66-98 of 14 March 1996 promulgating the relevant Code states, in section 216, that no one may enter into a maritime contractual commitment unless he has reached the age of 16, in the case of port work and 18 in the case of work carried out in the engine room. The Committee requests the Government to provide a copy of Ordinance No. 66-98 of 14 March 1996.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee notes that, in its initial report transmitted to the Committee on the Rights of the Child in August 2000 (CRC/C/3/Add.57, paragraphs 149, 156 and 157), the Government indicated that the right to education is guaranteed by the transitional Constitution and Framework Act No. 86/005 (national education) of 29 September 1986 (henceforth Law No. 86/005). Section 115 of Act No. 86/005 makes schooling compulsory for boys and girls until they have completed their 15th year. The States General of National Education provide for primary education to be free of charge. The Government, however, indicated that this Law has not entered into force, for lack of implementing measures. Moreover, the Government also indicated that, as a consequence of the worsening economic crisis, children, especially boys, drop out of school from the age of 12 or 13 years onwards to make a living by their wits. In its concluding observations in July 2001 (CRC/C/15/Add.153, paragraphs 60 and 61), the Committee on the Rights of the Child expressed its concern at the high number of children who never attend school or who drop out early from their formal education. The Committee is further concerned that Act No. 86/005 of 29 September 1986 on national education has not yet entered into force, with a negative impact on children’s access to education. The Committee is concerned that school infrastructure and equipment are very inadequate. The Committee urged the Government to adopt and implement legislation establishing a minimum age for the completion of compulsory education and providing for genuinely free primary and, as far as possible, secondary education, with emphasis on assisting children from the most disadvantaged backgrounds. The Committee also recommended that the Government implement measures to increase enrolment of children in school and reduce the drop-out rate.

The Committee considers that compulsory schooling is one of the most effective means of combating child labour. Having taken account of the information mentioned above, the Committee requests the Government to take the necessary measures in order to ensure that Act No. 86/005 enters into force as soon as possible. Furthermore, in order to prevent child labour from occurring, the Committee requests the Government to transmit information on the measures taken or envisaged to increase school attendance and to reduce school drop-out rates. It also requests the Government to indicate the manner in which compulsory schooling is effectively followed up in practice and to provide information concerning rates of school enrolment and attendance.

Article 3, paragraph 1. Minimum age of admission to hazardous work. The Committee notes the information provided by the Government, according to which Ministerial Order No. 68/13 of 17 May 1968, establishing the working conditions of women and children (henceforth Order No. 68/13) remains in force pending the completion of new measures of application of the Labour Code of 2002. Under the terms of section 1 of Order No. 68/13, all employers are prohibited from employing children in work exceeding their physical capacities, work which exposes them to high occupational risks, or which, by its nature and the conditions under which it is carried out, is likely to harm their morals. The Committee notes that Order No. 68/13 does not contain any definition of the term “child”. It notes, however, that section 219 of the Family Code defines the term “minor” as an individual of either sex who is not yet 18 years old. The Committee understands that the term “child” used in article 1 of Order No. 68/13 applies to children under 18 years of age. It would be grateful if the Government would provide a precise definition of this term.

As to the new implementing measures of the Labour code of 2002 that the Government intends to adopt, the Committee recalls that, under the terms of Article 3, paragraph 1, of the Convention, the minimum age of admission to hazardous work, that is to say to any type of employment or work which, by its nature or the circumstances in which it is carried out is likely to jeopardize the health, safety or morals of young persons, shall not be less than 18 years. The Committee requests the Government to take into consideration the provisions of Article 3, paragraph 1, when the measures of application of the Labour Code of 2002 are being formulated.

Article 3, paragraph 2. Determination of types of hazardous work. The Committee notes that section 32 of Order No. 68/13 includes a list of hazardous and unhealthy work prohibited to children under the age of 18. It also notes that paragraph 13 of section 32 prohibits in a general manner any work prohibited by a labour inspector due to its hazardous or unhealthy nature. Furthermore, section 28 of Order No. 68/13 prohibits the use of children under the age of 18 in the regular transportation of loads. Under the terms of section 31, children of both sexes under the age of 18 may not be employed in the transportation of loads on hand-trucks or other similar vehicles. Furthermore, section 35 provides that the employment of children aged under 18 years in bars and other public places where alcoholic drinks are consumed is prohibited. The Committee notes that this Order was adopted under the Labour Code of 1967. In so far as a new Labour Code was adopted in 2002, the Committee refers to the provisions of Paragraph 10(2) of Minimum Age Recommendation, 1973 (No. 146), which requests the Government to re-examine periodically and revise the list of the types of employment or work addressed by Article 3 of the Convention, as necessary, particularly in the light of advancing scientific and technological knowledge. The Committee requests the Government to indicate whether the labour inspector has prohibited certain types of work because of their hazardous or unhealthy nature, as provided for in paragraph 13 of section 32 of Order No. 68/13.

Article 3, paragraph 3. Admission to hazardous work from the age of 16 years. The Committee notes that section 37 of Order No. 68/13 states that the labour inspector may grant temporary exemptions to the provisions of section 32 (hazardous and unhealthy work) for children over the age of 16 years and under 18 years when urgent vocational training needs require it, upon request by the employer and when authorized by the labour inspector for that particular region. These exemptions are not authorized for young female workers. The Committee also notes that, according to section 25 of Order 68/13, children over 16 years and under 18 years may not carry out more than eight hours of effective work per day. When working hours exceed four hours a day, this period should be interrupted by one or more breaks, the total duration of which should be no shorter than an hour. Furthermore, the Committee notes that, under the terms of section 137 of the Labour Code, the labour inspector may request that children be examined by a doctor in order to check whether the work in which they have been engaged exceeds their physical capabilities.

The Committee notes that the condition contained in Article 3, paragraph 3, of the Convention to the effect that the health, safety and morals of young persons aged between 16 and 18 years authorized to carry out hazardous work shall be protected is met by the provisions mentioned above. It recalls, however, that Article 3, paragraph 3, of the Convention, also requires that young persons aged between 16 and 18 years shall receive specific instruction or vocational training in the relevant branch of activity. The Committee thus requests the Government to provide information on the measures taken or envisage in order to ensure that young people aged between 16 and 18 years who are authorized to carry out hazardous work shall receive specific instruction or vocational training in the relevant branch of activity.

Article 6. Apprenticeship and vocational training. The Committee notes that, according to section 133 of the Labour Code, children may not be employed in an enterprise, even as apprentices, prior to the age of 15, unless an express exemption is granted by the labour inspector and the parental authority or guardian. Section 24, paragraph 2, of the Code provides that the master is obliged to treat the apprentice with consideration and respect throughout the period of the apprenticeship and to monitor his health and safety while taking account of the circumstances and nature of the work. Under the terms of section 26, paragraph 2, of the Code, the apprentice must carry out the work entrusted to him to the best of his ability. Moreover, according to section 33 of the Code, the labour inspector is responsible for overseeing the execution of the apprenticeship contract. The Committee requests the Government to provide information on the rules governing apprenticeship in the Democratic Republic of the Congo, especially with regard to the working conditions of apprentices in practice and consultations with the employers’ and workers’ organizations concerned.

Article 7. Light work. The Committee notes that section 24 of Order No. 68/13 of 17 May 1968 provides that children aged between 14 and 16 years may be employed in light, healthy work, on the condition that such work does not exceed four hours a day, with regard both to school days and holidays. Such work shall not contravene the requirements in force with regard to schooling. It also notes that section 9 of Departmental Order No. 28/75 of 30 October 1975 includes a list of light and healthy work authorized for persons between the ages of 14 and 16 years. The Committee notes that, according to the Government, Departmental Order No. 28/75 will be revised very soon. It thus requests the Government to forward to the Office a copy of the Order once it has been amended.

Article 1 and Part V of the report form. National policy and application in practice of the Convention. The Committee notes that, according to the ILO’s statistical data, around 1,895,000 children aged between 10 and 14 years were economically active in the year 2000. Of this number, 1,003,000 were boys and 892,000 were girls. Furthermore, the Committee notes that, in its concluding observations in July 2001 (CRC/C/15/Add.153, paragraph 66), the Committee on the Rights of the Child joined the State party in expressing concern at the prevalence of child labour, especially in informal sectors which frequently fall outside of the protections afforded by domestic legislation. The Committee recommended that the State party make every effort to end child labour, including through the dissemination of children's rights to employers, parents, the public in general and to children themselves. The Committee recommended, in particular, that the State party implement measures to enforce domestic legal protections in both the formal and informal work sectors.

Furthermore, the Committee notes that under section 187, paragraph 1, of the Labour Code, the labour inspectorate is responsible for ensuring the application of legal provisions governing working conditions and the protection of workers whilst carrying out their work, in particular with regard to the provisions governing child labour. The Committee notes however that, according to the information available to the ILO, the labour inspection service does not operate throughout the entire country. It also notes the information forwarded by the Government in its initial report to the Committee on the Rights of the Child in August 2000 (CRC/C/3/Add.57, paragraph 196), according to which, given the current disastrous economic situation, where employment in the informal economic sector is the only answer for the majority of the population, a number of parents tolerate or even send their children to do work which the latter are forbidden to perform by law.

The Committee is concerned by the situation of young children in the Democratic Republic of the Congo who are forced to work out of personal necessity. In this regard, it notes that, according to the statistical data mentioned above, the implementation of regulations governing child labour appears to present certain difficulties and that child labour is a problem in practice. The Committee requests the Government to increase its efforts to gradually improve the situation, in particular through the adoption of a national policy ensuring the effective abolition of child labour. The Committee asks the Government to communicate information on measures taken or envisaged to ensure the effective functioning of the labour inspection service. The Committee also requests the Government to provide specific information on the way in which the Convention is applied in practice, including, for example, statistical data on the employment of children and young persons, extracts from inspection service reports and information on the number and nature of infringements.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the Government’s first report.

Article 2, paragraph 1, of the Convention. 1. Scope of application. (i) Self-employment. The Committee notes that, under the terms of section 1, paragraph 1, of Act No. 015/2002 of 16 October 2002 promulgating the Labour Code (henceforth to be referred to as the Labour Code), the Code applies to all workers and employers. Section 7(a) of the Labour Code defines the term worker as "any physical person old enough to enter into a contract who has undertaken to place his or her occupational activity, in return for remuneration, under the direction and authority of a physical or moral, public or private, person, bound by an employment contract". Section 7(b) of the Code defines the term "employer" as "any physical or moral person, public or private, who employs the services of one or more workers by virtue of an employment contract". The Committee notes that, by virtue of these provisions, the Labour Code only applies to a labour relationship. Furthermore, the Committee notes that, by virtue of section 133, paragraph 1, of the Labour Code, children may not be employed in an enterprise, even as apprentices, prior to the age of 15, unless an express exemption is granted by the labour inspector and the parental authority or guardian.

The Committee recalls that the Convention is applicable to all branches of economic activity and that it covers all types of employment and labour, whether they be carried out on the basis of an employment relationship or not and whether the worker concerned is remunerated or not. It also recalls that, by virtue of Article 2, paragraph 1, of the Convention, no one under the minimum age of 15 years shall be admitted to employment or work in any occupation, subject to the provisions of Articles 4 to 8 of the present Convention. The Committee therefore requests the Government to provide information on the manner in which those children not bound by an employment relationship, such as those who are self-employed, or who do not work in an enterprise, enjoy the protection provided for in the Convention.

(ii) Seafarers. The Committee notes the information provided by the Government, according to which, in the case of the maritime sector, Ordinance No. 66-98 of 14 March 1996 promulgating the relevant Code states, in section 216, that no one may enter into a maritime contractual commitment unless he has reached the age of 16, in the case of port work and 18 in the case of work carried out in the engine room. The Committee requests the Government to provide a copy of Ordinance No. 66-98 of 14 March 1996.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee notes that, in its initial report transmitted to the Committee on the Rights of the Child in August 2000 (CRC/C/3/Add.57, paragraphs 149, 156 and 157), the Government indicated that the right to education is guaranteed by the transitional Constitution and Framework Act No. 86/005 (national education) of 29 September 1986 (henceforth Law No. 86/005). Section 115 of Act No. 86/005 makes schooling compulsory for boys and girls until they have completed their 15th year. The States General of National Education provide for primary education to be free of charge. The Government, however, indicated that this Law has not entered into force, for lack of implementing measures. Moreover, the Government also indicated that, as a consequence of the worsening economic crisis, children, especially boys, drop out of school from the age of 12 or 13 years onwards to make a living by their wits. In its concluding observations in July 2001 (CRC/C/15/Add.153, paragraphs 60 and 61), the Committee on the Rights of the Child expressed its concern at the high number of children who never attend school or who drop out early from their formal education. The Committee is further concerned that Act No. 86/005 of 29 September 1986 on national education has not yet entered into force, with a negative impact on children’s access to education. The Committee is concerned that school infrastructure and equipment are very inadequate. The Committee urged the Government to adopt and implement legislation establishing a minimum age for the completion of compulsory education and providing for genuinely free primary and, as far as possible, secondary education, with emphasis on assisting children from the most disadvantaged backgrounds. The Committee also recommended that the Government implement measures to increase enrolment of children in school and reduce the drop-out rate.

The Committee considers that compulsory schooling is one of the most effective means of combating child labour. Having taken account of the information mentioned above, the Committee requests the Government to take the necessary measures in order to ensure that Act No. 86/005 enters into force as soon as possible. Furthermore, in order to prevent child labour from occurring, the Committee requests the Government to transmit information on the measures taken or envisaged to increase school attendance and to reduce school drop-out rates. It also requests the Government to indicate the manner in which compulsory schooling is effectively followed up in practice and to provide information concerning rates of school enrolment and attendance.

Article 2, paragraphs 4 and 5. Specification of the minimum age of admission to employment or work at 14 years. At the time of the ratification of the Convention, the Democratic Republic of the Congo specified that the minimum age of admission to employment or work was 14 years, in accordance with Article 2, paragraph 4, of the Convention. The Committee requests the Government to indicate whether consultations with employers’ and workers’ organizations have been held with a view to setting the minimum age of admission to employment or work at 14 years and, if need be, to transmit information in this regard. It also requests the Government to provide information on the reasons for its decision to specify a minimum age of 14 years, in accordance with Article 2, paragraph 5, of the Convention.

Article 3, paragraph 1. Minimum age of admission to hazardous work. The Committee notes the information provided by the Government, according to which Ministerial Order No. 68/13 of 17 May 1968, establishing the working conditions of women and children (henceforth Order No. 68/13) remains in force pending the completion of new measures of application of the Labour Code of 2002. Under the terms of section 1 of Order No. 68/13, all employers are prohibited from employing children in work exceeding their physical capacities, work which exposes them to high occupational risks, or which, by its nature and the conditions under which it is carried out, is likely to harm their morals. The Committee notes that Order No. 68/13 does not contain any definition of the term "child". It notes, however, that section 219 of the Family Code defines the term "minor" as an individual of either sex who is not yet 18 years old. The Committee understands that the term "child" used in article 1 of Order No. 68/13 applies to children under 18 years of age. It would be grateful if the Government would provide a precise definition of this term.

As to the new implementing measures of the Labour code of 2002 that the Government intends to adopt, the Committee recalls that, under the terms of Article 3, paragraph 1, of the Convention, the minimum age of admission to hazardous work, that is to say to any type of employment or work which, by its nature or the circumstances in which it is carried out is likely to jeopardize the health, safety or morals of young persons, shall not be less than 18 years. The Committee requests the Government to take into consideration the provisions of Article 3, paragraph 1, when the measures of application of the Labour Code of 2002 are being formulated.

Article 3, paragraph 2. Determination of types of hazardous work. The Committee notes that section 32 of Order No. 68/13 includes a list of hazardous and unhealthy work prohibited to children under the age of 18. It also notes that paragraph 13 of section 32 prohibits in a general manner any work prohibited by a labour inspector due to its hazardous or unhealthy nature. Furthermore, section 28 of Order No. 68/13 prohibits the use of children under the age of 18 in the regular transportation of loads. Under the terms of section 31, children of both sexes under the age of 18 may not be employed in the transportation of loads on hand-trucks or other similar vehicles. Furthermore, section 35 provides that the employment of children aged under 18 years in bars and other public places where alcoholic drinks are consumed is prohibited. The Committee notes that this Order was adopted under the Labour Code of 1967. In so far as a new Labour Code was adopted in 2002, the Committee refers to the provisions of Paragraph 10(2) of Minimum Age Recommendation, 1973 (No. 146), which requests the Government to re-examine periodically and revise the list of the types of employment or work addressed by Article 3 of the Convention, as necessary, particularly in the light of advancing scientific and technological knowledge. The Committee requests the Government to indicate whether the labour inspector has prohibited certain types of work because of their hazardous or unhealthy nature, as provided for in paragraph 13 of section 32 of Order No. 68/13.

Article 3, paragraph 3. Admission to hazardous work from the age of 16 years. The Committee notes that section 37 of Order No. 68/13 states that the labour inspector may grant temporary exemptions to the provisions of section 32 (hazardous and unhealthy work) for children over the age of 16 years and under 18 years when urgent vocational training needs require it, upon request by the employer and when authorized by the labour inspector for that particular region. These exemptions are not authorized for young female workers. The Committee also notes that, according to section 25 of Order 68/13, children over 16 years and under 18 years may not carry out more than eight hours of effective work per day. When working hours exceed four hours a day, this period should be interrupted by one or more breaks, the total duration of which should be no shorter than an hour. Furthermore, the Committee notes that, under the terms of section 137 of the Labour Code, the labour inspector may request that children be examined by a doctor in order to check whether the work in which they have been engaged exceeds their physical capabilities.

The Committee notes that the condition contained in Article 3, paragraph 3, of the Convention to the effect that the health, safety and morals of young persons aged between 16 and 18 years authorized to carry out hazardous work shall be protected is met by the provisions mentioned above. It recalls, however, that Article 3, paragraph 3, of the Convention, also requires that young persons aged between 16 and 18 years shall receive specific instruction or vocational training in the relevant branch of activity. The Committee thus requests the Government to provide information on the measures taken or envisage in order to ensure that young people aged between 16 and 18 years who are authorized to carry out hazardous work shall receive specific instruction or vocational training in the relevant branch of activity.

Article 6. Apprenticeship and vocational training. The Committee notes that, according to section 133 of the Labour Code, children may not be employed in an enterprise, even as apprentices, prior to the age of 15, unless an express exemption is granted by the labour inspector and the parental authority or guardian. Section 24, paragraph 2, of the Code provides that the master is obliged to treat the apprentice with consideration and respect throughout the period of the apprenticeship and to monitor his health and safety while taking account of the circumstances and nature of the work. Under the terms of section 26, paragraph 2, of the Code, the apprentice must carry out the work entrusted to him to the best of his ability. Moreover, according to section 33 of the Code, the labour inspector is responsible for overseeing the execution of the apprenticeship contract. The Committee requests the Government to provide information on the rules governing apprenticeship in the Democratic Republic of the Congo, especially with regard to the working conditions of apprentices in practice and consultations with the employers’ and workers’ organizations concerned.

Article 7. Light work. The Committee notes that section 24 of Order No. 68/13 of 17 May 1968 provides that children aged between 14 and 16 years may be employed in light, healthy work, on the condition that such work does not exceed four hours a day, with regard both to school days and holidays. Such work shall not contravene the requirements in force with regard to schooling. It also notes that section 9 of Departmental Order No. 28/75 of 30 October 1975 includes a list of light and healthy work authorized for persons between the ages of 14 and 16 years. The Committee notes that, according to the Government, Departmental Order No. 28/75 will be revised very soon. It thus requests the Government to forward to the Office a copy of the Order once it has been amended.

Article 8. Artistic performances. In its report, the Government indicates that it has not invoked this provision of the Convention. The Committee recalls that Article 8 of the Convention provides for the possibility, by way of an exception to the minimum age of admission to employment and occupation, and following consultations with the employers’ and workers’ organizations concerned, of granting individual permits to allow participation in activities such as artistic performances. Permits so granted shall limit the number of hours during which and prescribe the conditions in which employment or work is allowed.

Article 1 and Part V of the report form. National policy and application in practice of the Convention. The Committee notes that, according to the ILO’s statistical data, around 1,895,000 children aged between 10 and 14 years were economically active in the year 2000. Of this number, 1,003,000 were boys and 892,000 were girls. Furthermore, the Committee notes that, in its concluding observations in July 2001 (CRC/C/15/Add.153, paragraph 66), the Committee on the Rights of the Child joined the State party in expressing concern at the prevalence of child labour, especially in informal sectors which frequently fall outside of the protections afforded by domestic legislation. The Committee recommended that the State party make every effort to end child labour, including through the dissemination of children's rights to employers, parents, the public in general and to children themselves. The Committee recommended, in particular, that the State party implement measures to enforce domestic legal protections in both the formal and informal work sectors.

Furthermore, the Committee notes that under section 187, paragraph 1, of the Labour Code, the labour inspectorate is responsible for ensuring the application of legal provisions governing working conditions and the protection of workers whilst carrying out their work, in particular with regard to the provisions governing child labour. The Committee notes however that, according to the information available to the ILO, the labour inspection service does not operate throughout the entire country. It also notes the information forwarded by the Government in its initial report to the Committee on the Rights of the Child in August 2000 (CRC/C/3/Add.57, paragraph 196), according to which, given the current disastrous economic situation, where employment in the informal economic sector is the only answer for the majority of the population, a number of parents tolerate or even send their children to do work which the latter are forbidden to perform by law.

The Committee is concerned by the situation of young children in the Democratic Republic of the Congo who are forced to work out of personal necessity. In this regard, it notes that, according to the statistical data mentioned above, the implementation of regulations governing child labour appears to present certain difficulties and that child labour is a problem in practice. The Committee requests the Government to increase its efforts to gradually improve the situation, in particular through the adoption of a national policy ensuring the effective abolition of child labour. The Committee asks the Government to communicate information on measures taken or envisaged to ensure the effective functioning of the labour inspection service. The Committee also requests the Government to provide specific information on the way in which the Convention is applied in practice, including, for example, statistical data on the employment of children and young persons, extracts from inspection service reports and information on the number and nature of infringements.