Comments adopted by the CEACR: Democratic Republic of the Congo

Repetition

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee notes that in 2004 the International Organization for Migration (IOM) launched a support programme for the reintegration of victims of trafficking, as there are not yet any real policies on preventing or combating trafficking in persons or prosecuting traffickers, let alone on victim support.

The Committee notes that, in its concluding observations of 2013, the Committee on the Elimination of Discrimination against Women (CEDAW) expressed its concern about the delay in conducting a study on the extent and causes of trafficking in human beings and forced prostitution and about the absence of a comprehensive law and strategy aimed at combating trafficking in human beings. It also expressed concern about the prevalence of prostitution, including forced and adolescent prostitution (CEDAW/C/COD/CO/6-7, paragraphs 23–24). The Committee draws the Government’s attention to the need to take measures to include in the national legislation provisions that specifically define what constitutes trafficking in persons, both for labour exploitation and sexual exploitation, to criminalize such trafficking and to establish dissuasive criminal penalties. The Committee requests the Government to provide information on the measures taken or envisaged to combat trafficking in persons. The Committee also requests the Government to indicate whether judgments have already been handed down by the criminal courts and penalties imposed on persons convicted of this crime.

Articles 1(1) and 2(1). 1. Possibility for judges to resign. In its previous comments, the Committee noted that under section 38 of Legislative Ordinance No. 88-056 of 29 September 1988 issuing the conditions of service of judges, their resignations must be accepted by the President of the Republic. The Committee requested the Government to provide information on the application of this Ordinance in practice.

The Committee notes the Government’s indication in its report that Basic Act No. 06/020 of 10 October 2006 issuing the conditions of service of judges has replaced the Ordinance of 1988. Section 44 provides that if a response is not provided within four months following the submission of the resignation letter, the resignation shall be accepted. Section 45 lists the cases in which the resignation is automatic, including: (i) failure to resume service within 30 days following the expiry of leave; (ii) failure to renew one’s oath within the prescribed one month deadline; and (iii) failure to comply with a written order from a hierarchical superior.

2. Pygmy peoples as victims of forced labour. In its previous comments, the Committee referred to the concerns expressed by a number of United Nations bodies that Pygmy peoples continue to suffer extreme forms of social marginalization, in particular as regards their access to identity documents, education, health and employment, and are sometimes subjected to forced labour. The Committee requested the Government to provide information on the measures taken to combat the vulnerability of Pygmies, which could lead them into situations of forced labour.

The Committee notes the Government’s indication that the Constitution recognizes Pygmies as full citizens and that they have formed associations to defend their rights. Those who live in large cities are integrated in the school system. The Committee requests the Government to continue providing information on the steps taken to combat the social marginalization of Pygmy peoples with a view to ensuring that their situation of vulnerability does not result in them becoming victims of forced labour.

Repeal of legislation. 1. Imposition of work for national development purposes, as a means of collecting taxes, and on persons in pretrial detention. For several years, the Committee has been requesting the Government to formally repeal or amend the following legislative texts and regulations, which are contrary to the Convention:

• -Act No. 76-11 of 21 May 1976 on national development and its implementing order, Departmental Order No. 00748/BCE/AGRI/76 of 11 June 1976 on the performance of civic tasks in the context of the National Food Production Programme: these legal texts, which aim to increase productivity in all sectors of national life, require, subject to criminal penalties, all able-bodied adult persons who are not already considered to be making their contribution by reason of their employment to carry out agricultural and other development work, as decided by the Government;
• -Legislative Ordinance No. 71/087 of 14 September 1971 on the minimum personal contribution, of which sections 18 to 21 provide for imprisonment involving compulsory labour, upon decision of the chief of the local community or the area commissioner, of taxpayers who have defaulted on their minimum personal contributions;
• -Ordinance No. 15/APAJ of 20 January 1938 on the prison system in indigenous districts, which allows work to be exacted from persons in pretrial detention (this Ordinance is not on the list of legal texts repealed by Ordinance No. 344 of 15 September 1965 regulating prison labour).

2. Forced labour in cases of vagrancy. Since 2002, the Committee has been drawing the Government’s attention to the provisions of the Decree on Vagrancy and Begging of 23 May 1896, under which persons may be arrested and judged by a court for vagrancy or begging. The court may decide to put them at the Government’s disposal for a certain period by placing them in an establishment. Able-bodied persons thus placed are forced to work in roadworks, agriculture, maintenance, cleaning, buildings and road construction, or to perform other general interest services (section 7 of the General Government Order of 26 May 1913). The Committee recalled that the laws which require all able-bodied citizens to be gainfully employed or otherwise face criminal penalties are incompatible with the Convention, and that the laws which define vagrancy in such general terms that they may serve directly or indirectly as a means of forcing persons to work should be amended so that criminal penalties are limited to the cases where the public order is disturbed by an offender who not only habitually refrains from working but who has no lawful means of subsistence.

The Committee notes the Government’s indication in its report that a bill to repeal forced labour is before Parliament and that the promulgated text will be communicated to the Committee in due course. The Government also indicates that all the legislative texts from the colonial period are no longer applied. The Committee requests the Government to take the necessary measures to formally repeal the abovementioned legislation and to bring it into conformity with the Convention. The Committee also requests the Government to provide information on any progress made in this regard.

Repetition

Articles 1(1), 2(1) and 25 of the Convention. Forced labour and sexual slavery in the context of the armed conflict. In its previous comments, the Committee noted several reports from, inter alia, the Secretary-General of the United Nations (UN), the UN Security Council and the UN High Commissioner for Human Rights on the situation in the Democratic Republic of the Congo (documents A/HRC/27/42, S/2014/697, S/2014/698 and S/2014/222). The Committee noted that while these reports recognized the efforts made by the Government to prosecute the perpetrators of human rights violations, including public officials, they nevertheless expressed concern at the human rights situation and reports of violence, including sexual violence, committed by armed groups and the national armed forces. The Committee also noted the efforts made by the Government to combat the massive human rights violations.

The Committee notes the Government’s indication in its report that it has taken the following measures to protect victims of sexual violence and facilitate their reintegration. The laws on sexual violence now supplement the Penal Code, which did not contain all the offences criminalized under international law. The Government also indicates that it has set up three local police units to ensure the protection of civilians in the zones of armed conflict.

The Committee notes that, in his April 2017 report on conflict-related sexual violence, the UN Secretary-General stated that in 2016, the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo (MONUSCO) verified 514 cases of conflict-related sexual violence committed against 340 women, 170 girls and one boy. MONUSCO rescued 40 girls, some of whom reported being subjected to sexual slavery. Verdicts were also handed down in cases involving four combatants affiliated with the then Mouvement du 23 Mars for rape and three Nyatura combatants for sexual slavery (S/2017/249, paragraphs 32, 33 and 35).

While noting the difficult situation in the country, the Committee is bound to express concern at the sexual violence committed against civilians, particularly women who are subjected to sexual exploitation. The Committee urges the Government to step up its efforts to put an end to such acts of violence against civilians, which constitute a grave violation of the Convention, and to take immediate and effective measures so that appropriate criminal penalties are imposed on the perpetrators of these acts and the practice of sexual slavery and forced labour does not remain unpunished. It also urges the Government to intensify its efforts to ensure that the victims of such violence are fully protected. Lastly, the Committee requests the Government to provide information on the results achieved in this regard.

Article 25. Criminal penalties. For several years, the Committee has been drawing the Government’s attention to the lack of adequate criminal penalties in its legislation for the imposition of forced labour. With the exception of section 174(c) and (e) regarding forced prostitution and sexual slavery, the Penal Code does not establish appropriate criminal penalties to punish the imposition of other forms of forced labour. Moreover, the penalties established by the Labour Code in this respect are not of the dissuasive nature required by Article 25 of the Convention (section 323 of the Labour Code establishes a principal penalty of imprisonment of a maximum of six months and/or a fine).

The Committee notes the absence of information from the Government on this matter. The Committee once again expresses the firm hope that the Government will take the necessary measures to ensure the adoption in the very near future of adequate legislative provisions, which allow that, in accordance with Article 25 of the Convention, effective and dissuasive criminal penalties can be imposed in practice on persons exacting forced labour.

Repetition

Article 1 of the Convention. Contribution of the National Employment Office to employment promotion. In its previous comments, the Committee invited the Government to indicate the progress achieved by the National Employment Office (ONEM) in ensuring the effective operation of a free public employment service. In this respect, the Government reports the establishment of regional offices in the 11 former provinces of the country and of branches in the 24 municipalities of the city province of Kinshasa. The Government adds that, in August 2015, at the 31st Ordinary Session of the National Labour Council held by the Ministry of Employment, Labour and Social Welfare, the tripartite constituents revised Order No. 062/08 of 18 September 2008 establishing the requirements for the opening, approval and operation of private employment agencies in order to enable them to play a more effective role and allow the ONEM to more effectively organize the operation of the labour market. Regarding the application of the Convention in practice, the Government indicates that, from January 2013 to September 2014, 17,712 jobs were created and 40,151 applications for employment were received. The Government adds that, in 2014 and 2015, the ONEM registered 58,200 jobseekers and placed 15,709 persons in employment, an increase from the previous year of 18,049 jobseekers and 2,157 placements. The Committee requests the Government to continue providing up-to-date information regarding the measures taken or envisaged by the National Employment Office to ensure the effective operation of a free public employment service, including further information on the role and activities of the regional offices and local branches. The Committee also requests the Government to indicate the number of public employment offices established, applications for employment received, vacancies notified and persons placed in employment by the offices. The Committee requests the Government to provide further information on the manner in which the revision of Decree No. 062/08 of 18 September 2008 has enabled private employment agencies to play a more effective role and allowed the ONEM to more effectively organize the functioning of the labour market.

Article 3. Regional offices. In reply to the Committee’s previous comments, the Government indicates that the financial resources of the ONEM have been strengthened as a result of employer contributions established by Ministerial Order No. 125/CAB/MIN/ETPS/MBL/DKL/dag/2013 of 26 September 2013 amending and supplementing Ministerial Order No. 028/CAB/MIN/ETPS/MBL/DKL/dag/2013 of 18 March 2013. The Government indicates that these financial resources have resulted in the establishment of six further regional offices, operational since 2013, in all the former provincial capitals. The Government adds that, following the territorial restructuring in 2016, the country now has 26 provinces, of which 11 have operational regional offices, five new provinces have branches and five zones of robust economic growth also have branches. The Government indicates that efforts are being made to cover the remaining new provinces. The Government also indicates the existence of a website where jobseekers can find the information they require and register online. The Committee requests the Government to indicate in its next report the progress made regarding the establishment of provincial offices of the National Employment Office, particularly in the remaining provinces, and the other measures taken or envisaged to respond to the needs of employers and workers in all geographical regions of the country.

Articles 4 and 5. Consultation and cooperation with the social partners. The Government recalls that the Decree establishing the ONEM provides for the participation of employers and workers on its administrative board. The Government adds that, while waiting for the administrative board of the ONEM, which is responsible for workers’ rights, to become operational, it is seeking to enhance collaboration with employers’ organizations through partnership agreements signed with the Federation of Enterprises of Congo (FEC), the National Association of Investment Enterprises (ANEP) and the Confederation of Congolese Small and Medium-sized enterprises (COPEMECO). The Committee hopes that the Government will take all the necessary measures to ensure that the administrative board of the National Employment Office is operational as soon as possible. It therefore requests the Government to provide information on any progress made regarding the operation of the administrative board of the National Employment Office. The Committee reiterates its request for the Government to report on the measures adopted to ensure that the partnership agreements between the ONEM and the social partners result in cooperation in the organization and operation of the employment service and in the development of employment service policy.

Article 11. Cooperation between the public employment service and private employment agencies. The Government indicates that it gives effect to its commitment to ensure effective cooperation between the ONEM and private employment agencies through Ministerial Order No. 047/CAB/VPM/METPS/2015 of 8 October 2015 amending and supplementing Ministerial Order No. 12/CAB/MIN/ETPS/062/08 of 18 September 2008 establishing the conditions for the opening, approval and operation of private employment agencies. The Committee notes that, in this context, the ONEM has authorized the operation of 136 private employment agencies with which it holds periodic meetings to assess whether they are functioning effectively and to remedy possible weaknesses. The Government adds that the ONEM organized a training workshop for the managers of private employment agencies in December 2015 in Kinshasa. The Committee notes with interest that section 9 of Ministerial Order No. 047/CAB/VPM/METPS/2015 of 8 October 2015 provides that private agencies shall be in permanent collaboration with the ONEM. Section 20 provides for regular meetings (quarterly or six monthly) organized by the ONEM, at its own initiative or upon the request of the private agencies, in order to conduct an exchange of experience. The Committee observes that the Order is closely based on the provisions of the Private Employment Agencies Convention, 1997 (No. 181). Referring to its pervious comments, the Committee draws the Government’s attention to the fact that Conventions Nos 88 and 181 complement one another. In its 2010 General Survey concerning employment instruments, paragraphs 785–790, the Committee emphasized that cooperation between public employment services and private employment agencies is necessary for the operation of the labour market and the achievement of full employment. The institutions envisaged by Conventions Nos 88, 181 and the Employment Policy Convention, 1964 (No. 122), make an essential contribution to employment growth. The Committee requests the Government to continue providing information on the effective collaboration between the ONEM and private employment agencies and the outcomes of their periodic meetings. It also requests the Government to continue providing information on the measures adopted or envisaged to facilitate effective collaboration between the public employment service and private employment agencies in order to achieve the optimal operation of the labour market and contribute to the objective of full employment.

Repetition

Article 2 of the Convention. Inclusion of labour clauses in public contracts. Since 2011, the Committee has been asking the Government to take all appropriate steps to ensure that provisions giving full effect to Article 2 of the Convention are incorporated into the general administrative clauses of the specifications prescribed by section 49 of Act No. 10/010 concerning public contracts. The Government indicates that it undertakes to refer the issue to the National Labour Council. The Government also reproduces a list of laws and regulations whose purpose is to govern the organization and functioning of public contracts and procedures for the award, execution and monitoring of contracts by the State, the provinces and other public entities. In this regard, the Committee notes once again that the legislation governing public contracts does not contain any provisions for the inclusion of labour clauses in public contracts, as prescribed in Article 2(1) and (2) of the Convention. The Committee once again draws the Government’s attention to the 2008 General Survey on labour clauses in public contracts and on the Practical Guide to Convention No. 94, drawn up by the Office in September 2008, which provides guidance and examples to follow to ensure that the national legislation is in conformity with the Convention. Noting that the Government has not sent any information on the measures taken or contemplated to give specific effect to the essential requirements of the Convention, namely the inclusion of labour clauses in public contracts as provided for in Article 2 of the Convention, the Committee urges the Government to take all the necessary steps to guarantee the full application of the Convention, and to keep the Office informed of any progress made in this matter, including as regards the referral of the issue to the competent authorities.

The Committee reminds the Government that it may avail itself of technical assistance from the Office in this regard.

Repetition

Article 1(d) of the Convention. Imprisonment involving an obligation to work imposed as a punishment for participation in strikes. The Committee previously referred to section 326 of the Labour Code, which allows a fine and/or penal servitude of up to six months to be imposed on anyone offending against section 315, which sets forth the conditions for exercising the right to stop work on a collective basis in the event of a labour dispute. In this regard, the Committee recalled that the Convention expressly prohibits the imposition of compulsory labour, including compulsory prison labour, as a punishment for participation in strikes. The Committee noted the Government’s indication in its report on the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), that it agreed to the principle of amending section 326 of the Labour Code, which would be done when the Code is next revised, and that the new provision would specify that the penalties imposed on strikers shall be proportionate to the offence committed and no penalty of imprisonment shall be imposed unless a criminal or violent act has been committed.

The Committee notes that there is no information on this matter in the Government’s report. The Committee expresses the hope once again that the Government will take the necessary steps to amend section 326 of the Labour Code as indicated above in order to align it with Article 1(d) of the Convention.

Repetition

Article 1(a) of the Convention. Prison sentences involving an obligation to work imposed as a penalty for the expression of political views. Since 2005, the Committee has been drawing the Government’s attention to certain provisions of the Penal Code and other legal provisions regulating freedom of expression under which criminal penalties (penal servitude) entailing compulsory labour (section 8 of the Penal Code) may be imposed in the situations covered by Article 1(a) of the Convention, namely:

– Penal Code, sections 74–76: injurious allegations and insults; sections 136–137: contempt towards members of the National Assembly, the Government and depositaries of the public authority or law enforcement officers; section 199bis and ter: dissemination of false rumours liable to alarm the population; section 209: dissemination of tracts, bulletins or leaflets of foreign origin or inspiration liable to harm national interests; section 211(3): display in public places of drawings, posters, engravings, paintings, photographs and all objects or images liable to cause a breach of the peace.

– Sections 73–76 of Act No. 96-002 of 22 June 1996 establishing arrangements for the exercise of freedom of the press, which refer to the Penal Code for the definition and punishment of press-related offences.

– Legislative Ordinance No. 25-557 of 6 November 1959 on penalties to be applied for infringements of general measures.

– Legislative Ordinances Nos 300 and 301 of 16 December 1963 on the punishment of offences against the head of State and foreign heads of State.

The Committee asked the Government to provide information on the application in practice of the abovementioned provisions so that it could examine their scope.

The Committee notes the Government’s indication in its report that section 5 of the Penal Code provides for compulsory labour among applicable penalties and section 5bis provides that the period of compulsory labour may range from one to 20 years. The Government also indicates that the penalty of penal servitude cannot be deemed equivalent to the penalty of forced labour. However, the Committee notes that, under section 8 of the Penal Code, any person sentenced to penal servitude shall be employed either inside the prison or outside the prison in one of the types of work authorized by the prison regulations or determined by the President of the Republic. It stresses once again that the Convention protects persons against the imposition of any kind of compulsory labour, including the compulsory labour imposed within the sanction of penal servitude and not only against the imposition of forced labour, in the five instances covered by Article 1.

Moreover, the Committee notes that the United Nations (UN) Human Rights Council, at its 35th session (June 2017), expressed deep concern at reports of: restrictions on the freedoms of peaceful assembly, opinion and expression; violations of the right to liberty and security of person; threats against and intimidation of members of political parties, civil society representatives and journalists; and arbitrary detention (A/HRC/35/L.37).

The Committee also notes UN Security Council resolution 2360 (2017), in which the Security Council called for the immediate implementation of the measures specified in the 31 December 2016 agreement to support the legitimacy of the transitional institutions, including by putting an end to restrictions of the political space in the country, in particular arbitrary arrests and detention of members of the political opposition and of civil society, as well as restrictions of fundamental freedoms such as the freedom of opinion and expression, including freedom of the press (S/RES/2360 (2017)).

The Committee expresses its concern at the current human rights situation in the country and recalls that restrictions on fundamental rights and freedoms, including the freedom of expression, may affect the application of the Convention if such restrictions can result in the imposition of penalties that involve compulsory labour. In this regard, the Committee recalls that the Convention prohibits the use of compulsory prison labour as a punishment for the expression of certain political views or for opposition to the established political, social or economic system. The Committee urges the Government to take the necessary measures to bring the abovementioned provisions of the Penal Code, of Act No. 96-002 of 22 June 1996, of Legislative Ordinance No. 25-557 of 6 November 1959, and of Legislative Ordinances Nos 300 and 301 of 16 December 1963 into conformity with the Convention in order to ensure that no penalty entailing compulsory labour (including compulsory prison labour) can be imposed for expressing political views or views ideologically opposed to the established political, social or economic system. The Committee requests the Government to provide information on progress made in this respect.

Repetition

Parts I and II of the Convention. Improvement of standards of living. The Committee notes the Government’s report received in June 2013 which refers to the Government’s programme for 2012–16. In reply to the Committee’s previous comments, the Government indicates that the programme has taken into account its concerns regarding Parts I and II of the Convention. The objectives of the programme include improving the social environment and circumstances of the population (objective 4) and enhancing its human and educational capital (objective 5). The Government also indicates that the programme has been brought into line with its Strategy Document on Economic Growth and Reduction of Second-Generation Poverty (DSCRP 2) for 2011–15 and with the Modernity Revolution Programme. The Committee notes that the overall goal of the DSCRP 2 for 2015 is to bring about a significant improvement in the living conditions of the Congolese people, with a focus on vulnerable groups, such as women and children. The improvement is expected to lead to an average annual economic growth rate of 7.2 per cent, a reduction of about 11 points in the incidence of poverty to 60 per cent and the creation of almost 1,000,000 decent jobs a year in the hope of creating an AIDS-free generation, while at the same time respecting the environment and maintaining inflation at an annual average rate of 9 per cent. The Committee invites the Government to provide information in its next report on the impact that the Strategy Document on Economic Growth and Reduction of Second-Generation Poverty (DSCRP 2) for 2011–15 and other sectoral plans and programmes have had on improving standards of living and reducing poverty (Article 2 of the Convention).

Part VI. Education and vocational training. The Government refers to the revitalization of the Inter-Ministerial Committee on Technical and Vocational Training and the reinforcement of the National Vocational Preparation Institute (IMPP). The Committee notes that the Priority Action Programme (PAP) and the Medium-Term Expenditure Framework (CDMT) find that vocational training is greatly hampered by the lack of professionalism of the education system and the fact that training is not adapted to the employment opportunities that are available, by the multiplicity of public and private training centres whose curricula do not take labour market priorities into account and therefore do not facilitate access to new jobs, to jobs that are available or to entrepreneurship and self-employment, and by the difficulty young people and women have in accessing credit and the insufficient number of microfinance institutions. The DSCRP 2 also indicates that a series of priority measures are to be taken to improve the employability of the target population and to develop vocational training, such as: (i) a mechanism for matching the supply of skills with the demand; (ii) assistance for workers and enterprises to adapt to changing times and improve their competitiveness; (iii) a system for acquiring and maintaining skills so as to meet the future needs of the labour market; and (iv) the development of “renewed” apprenticeship training networks. The Committee invites the Government to include up-to-date information in its next report on the impact of the measures taken, particularly through the Inter-Ministerial Committee on Technical and Vocational Training and the IMPP, to overcome the difficulties encountered and to develop progressively a system of education, vocational training and apprenticeship and prepare children and young people for a useful occupation, as prescribed in Article 15 of the Convention.

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.

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.

Repetition

The Committee notes the Government’s report sent in June 2019, in response to comments formulated in previous observations, starting in 2013. With regard to the serious failure of the obligation to submit the instruments adopted by the Conference, laid down in article 19(5) and (6) of the ILO Constitution, the Government indicates its commitment to submitting the instruments adopted by the International Labour Conference to the competent authorities, in full respect of the provisions of the Convention. It also supplies a list of representative organizations of employers (three organizations) and of workers (12 organizations), indicating that they participated in the drafting of the reports. The Committee nevertheless notes with regret that the Government’s report contains no response to the Committee’s previous comments, reiterated since 2013, requesting the Government to provide detailed information on the content of the consultations and the recommendations made by the social partners on each of the matters listed in Article 5(1) of the Convention. Noting that the Government has not provided for many years any information on the practical application of the Convention, the Committee again requests the Government to provide information on the consultations held with the social partners concerning the proposals made to Parliament upon the submission of instruments adopted by the Conference (Article 5(1)(b) of the Convention. It again requests the Government to provide detailed information on the frequency, the content and the results of the tripartite consultations held on the questions concerning international labour standards covered by the Convention and other ILO activities, in particular with regard to questionnaires concerning items on the agenda of the Conference (Article 5(1)(a)); the submission of instruments adopted by the Conference to the Parliament (Article 5(1)(b)); the re-examination, at appropriate intervals of unratified Conventions and of Recommendations to which effect has not yet been given (Article 5(1)(c); and reports on the application of ratified Conventions (Article 5(1)(d)).

COVID-19. The Committee notes that as a result of the COVID-19 pandemic, tripartite consultations on international labour standards may have been postponed. With that in mind, the Committee recalls the guidance provided by international labour standards and encourages the Government to use tripartite consultations and social dialogue as a solid basis for formulating and implementing effective responses to the profound socio-economic repercussions of the pandemic. The Committee invites the Government to provide, in its next report, up-to-date information on all measures taken in this regard, particularly as concerns the measures taken to strengthen constituents’ capacities and also to improve national tripartite mechanisms and procedures. It also requests the Government to provide information on the challenges encountered and good practices identified regarding application of the Convention during and after the pandemic period.

Repetition

The Committee notes the observations of the International Organisation of Employers (IOE), received on 30 August 2017, and of the International Trade Union Confederation (ITUC), received on 1 September 2017, and of the in-depth discussion on the application of the Convention by the Democratic Republic of the Congo which took place in the Conference Committee on the Application of Standards in June 2017.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 106th Session, June 2017)

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or similar practices. Forced recruitment of children for use in armed conflict. In its previous comments, the Committee noted that section 187 of Act No. 09/001 of 10 January 2009 establishes a penalty of penal servitude of ten to 20 years for the enlistment or use of children under 18 years of age in the armed forces, armed groups or the police. The Committee noted the Government’s indication that the Armed Forces of the Democratic Republic of the Congo (FARDC) does not recruit children under 18 years of age. However, the Committee observed that, according to the 2011 report of the United Nations (UN) Secretary-General on children and armed conflict, a large number of children were still being recruited and continued to be associated with FARDC units. The report indicated that armed groups and the FARDC were responsible for numerous serious violations against children, including physical and sexual violence, killings and maimings.

The Committee notes the observations of the ITUC according to which the serious violations committed by the FARDC have not given rise to criminal prosecutions. The ITUC also states that numerous witnesses have made allegations that FARDC officers played an active role in the enlistment of children and that the Government has sufficient information to open investigations and prosecute the suspected perpetrators of these atrocities. Lastly, the ITUC highlights the contradictory actions of the Government, which is carrying out reforms to prevent further recruitment, but at the same time allows the police and the armed forces not only to recruit children but also to commit physical and sexual violence against them.

The Committee also notes the IOE’s statement that the adoption of legislation is insufficient without effective enforcement.

The Committee notes the Government’s indication in its report that an action plan to combat the recruitment and use of children in armed conflict and other serious violations of children’s rights by the armed forces and security services of the Democratic Republic of the Congo was adopted in 2012. The Government also indicates that one of the measures taken as part of the action plan was the appointment in 2015 of the Special Adviser to the Head of State on action to combat sexual violence and the recruitment of children into the armed forces. It also notes the Government’s indication that 17 children’s courts have been set up and are operational. The Committee observes that, according to the report of 20 April 2016 of the UN Secretary-General on children and armed conflict (A/70/836–S/2016/360) (2016 report), three new provincial joint technical working groups were established to accelerate the implementation of the action plan (paragraph 54). In this regard, it notes that, according to information from the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo (MONUSCO), a total of seven joint technical working groups were established in the provinces in 2017 (Goma, Bukavu, Kisangani, Lubumbashi, Kalemie, Bunia and Katanga), in addition to the national group. The Committee also takes note, according to the report of 24 August 2017 of the UN Secretary-General on children and armed conflict (A/72/361–S/2017/821) (2017 report of the Secretary-General), of the validation of standard operating procedures for age verification, the adoption of a Ministry of Defence directive for the dissemination of those procedures within the FARDC and the screening of new recruits. The report also indicates that the UN documented the arrest of at least 15 FARDC members and five Congolese National Police (PNC) officers, in particular for offences linked to the recruitment and use of children in armed conflict before 2016, and that 41 individuals (including 23 FARDC members and 11 PNC officers) were convicted of sexual violence against children and received sentences ranging from three years’ imprisonment to the death penalty. The Government reported that perpetrators of sexual violence against children were convicted in 129 cases (paragraph 71).

While noting these measures, the Committee nevertheless observes that, according to the 2017 report of the Secretary-General, the UN verified that 492 children (including 63 girls) were recruited and used by armed groups in 2016, with 82 per cent of cases occurring in North Kivu. At the time of recruitment, 129 children were under 15 years of age (paragraph 63). In addition, the report indicates that at least 124 children were killed and 116 maimed (paragraph 65). The rape of 170 girls and one boy was verified, the FARDC being responsible for 64 cases and the PNC for 12 cases (paragraph 66). The Committee also notes that, according to the 2016 report of the Secretary-General, a total of 488 cases of new recruitment of children were recorded in 2015, 89 per cent of which involved armed groups in North Kivu, in addition to the cases of ten boys previously recruited by the FARDC (paragraph 45). The report also refers to 254 cases of sexual violence against children, including 68 perpetrated by the FARDC, 19 by the PNC, and two by the National Intelligence Agency (paragraph 48). Lastly, it states that 68 individuals, including high-ranking officers, were arrested, with 37 receiving sentences of up to 20 years’ imprisonment for sexual violence against girls (paragraph 55).

The Committee further observes that the report of the Secretary-General on MONUSCO of 9 March 2016 (S/2016/233) refers to the fact that the Military Academies High Command (CGEM) screened new FARDC recruits and found among them 84 children, who were then demobilized. The CGEM called on the FARDC Joint Chiefs of Staff to impose sanctions on the recruiters (paragraph 48).

The Committee also notes that, according to the report of the Secretary-General on MONUSCO of 30 June 2017 (S/2017/565), between January and March 2017 MONUSCO documented 28 new cases of child recruitment by the Kamuina Nsapu militia in the Kasai provinces, where numerous cases of violence have been recorded. It also documented the killing of at least 59 children, including 25 girls, and the maiming of 44 children, including four girls (paragraph 48). The Committee also notes that, according to the MONUSCO report “Invisible survivors: Girls in armed groups in the Democratic Republic of Congo from 2009 to 2015”, since the adoption of the Child Protection Act in 2009, which criminalizes the recruitment of children, a total of 8,546 children, including 600 girls, were documented as recruited by the armed groups in the Democratic Republic of the Congo (up to May 2015). Furthermore, the Committee observes that the UN Committee on the Rights of the Child (CRC), in its concluding observations of 28 February 2017 (CRC/C/COD/CO/3-5), noted that, despite some improvements, there have been reports of the involvement of children in the activities of the national armed forces and reports of collaboration of the armed forces with armed groups that are known for the recruitment or use of child soldiers (paragraph 47). The Committee also observes that, according to the report of MONUSCO and the UN Office of the High Commissioner for Human Rights (OHCHR) entitled “Accountability for human rights violations and abuses in the DRC: Achievements, challenges and way forward (1 January 2014–31 March 2016)”, the number of prosecutions of members of armed groups remains very low. The report states that this is mainly due to the volatile security situation in the affected areas, which complicates investigations, particularly in terms of identifying the victims and the alleged perpetrators (paragraph 47). The report also describes the obstacles that exist, such as political considerations or de facto immunities enjoyed by certain suspected perpetrators on account of their customary powers. It adds that legal proceedings against members of armed groups would send a strong signal at national level and would also have a strong impact on the vetting of the security forces, since a conviction would make an individual ineligible to join the national armed forces (paragraphs 54–55). In this regard, the Committee notes that, according to the report of the Secretary-General on MONUSCO of 30 June 2017, MONUSCO engaged in advocacy with the military prosecutor with a view to bringing to justice the perpetrators of serious children’s rights violations (paragraph 48).

The Committee expresses its deep concern at the large number of children who are still being recruited by armed groups, especially as the persistence of this worst form of child labour leads to other violations of children’s rights, such as killings and sexual violence, which have also been committed by the armed forces. While recognizing the complexity of the situation on the ground and the existence of armed conflict and armed groups in the country, the Committee once again urges the Government to take urgent measures to ensure the full and immediate demobilization of all children in the FARDC ranks and to put a stop in practice to the forcible recruitment of children under 18 years of age into armed groups. The Committee urges the Government to take immediate and effective measures to ensure the thorough investigation and robust prosecution of all persons, including officers in the regular armed forces, who forcibly recruit children under 18 years of age for use in armed conflict, and to ensure that sufficiently effective and dissuasive penalties are imposed in practice, pursuant to Act No. 09/001 of 10 January 2009, including by the 17 courts established for this purpose. The Committee requests the Government to provide information on the number of investigations conducted, prosecutions brought, convictions issued against such persons and sanctions imposed.

Clauses (a) and (d). Forced or compulsory labour and hazardous work. Child labour in mines. In its previous comments, the Committee noted the observations of the Confederation of Trade Unions of the Congo (CSC) that young persons under 18 years of age are employed in mineral quarries in the provinces of Katanga and East Kasai. It noted the UN Special Rapporteur’s observation that military groups were recruiting children for forced labour for the extraction of natural resources. The Committee observed that, although the legislation is in conformity with the Convention on this point, child labour in mines was a problem in practice. The Committee noted UNICEF statistics indicating that nearly 50,000 children are working in mines in the Democratic Republic of the Congo, including 20,000 in the province of Katanga (south-east), 12,000 in Ituri (north-east) and some 11,800 in Kasai (centre).

The Committee notes the observations of the ITUC indicating that a 2016 Amnesty International report revealed that children work in the mines for up to 12 hours per day, carrying heavy sacks of rocks and earning only between US$1 and US$2 per day. The report also states that children work in the open air, in very high temperatures or rain, without any protective clothing and in constant contact with heavy concentrations of cobalt. The ITUC also reports that the climate of impunity that prevails regarding the employment of children in the mining sector is a direct consequence of the ineffectiveness and incompetence of the labour inspectorate. It adds that penalties for the use of forced labour remain inadequate and are not an effective deterrent.

The Committee also notes that, in the Conference Committee on the Application of Standards, the Worker member of the Democratic Republic of the Congo referred to the 2015 Amnesty International report on five mining sites in Katanga, according to which the health risks faced by children in mines include a potentially fatal lung disease, respiratory sensitization, asthma, shortness of breath and decreased pulmonary function.

The Committee also notes the observations of the IOE to the effect that if the human resources allocated to law enforcement are sparse, the revenue from these provinces and from the mining sector must be reinvested in recruiting the necessary staff, in the interests of the country and of its children.

The Committee notes the Government’s indication that the economy of the Democratic Republic of the Congo is mainly based on the exploitation of natural resources, involving hazardous operations in mining and quarrying, forestry, oil and gas. It adds that children between 16 and 18 years of age are most exposed to hazardous work in small-scale mining. The Committee takes notes of the Ministerial Order No. 0058/CAB.MIN/MINES/01/2012 of 29 February 2012 issuing procedures for the classification and authorization of gold- and tin-mining sites in the provinces of Katanga, Maniema, North Kivu, South Kivu and Eastern Province, attached to the Government’s report. Section 8 of the Order provides that the socio-economic situation of the region of the Great Lakes in general, and of the Democratic Republic of the Congo in particular, must be taken into account as an indicator and that steps must be taken to ensure that children are not employed on mining sites. The Committee also notes the Government’s indication that an inter-ministerial committee responsible for monitoring child labour in mines and on mining sites was set up in 2016. It indicates that the mandate of this committee is to: (1) coordinate and facilitate the various initiatives for combating child labour in mines and on mining sites; (2) act as the Government’s advisory, monitoring and follow-up body vis-à-vis the competent ministries and departments; and (3) engage in advocacy vis-à-vis third parties. The report also states that the abovementioned committee has drawn up a three-year action plan for 2017–20 with the general objective of coordinating actions on the ground to put an end to the presence of children in mining operations by 2020. The plan contains five specific objectives, namely: (i) monitor and evaluate the implementation of actions to combat child labour in mines and on mining sites; (ii) resolve the issue of the presence of children; (iii) step up the enforcement of measures for removing children from mineral supply chains, giving priority to “3TG” (tungsten, tantalum, tin and gold); (iv) implement corrective measures on the ground proposed by the competent ministries and departments; and (v) adopt a communication strategy. Lastly, the Committee notes that, according to information gathered by the ILO in the Democratic Republic of the Congo, a draft sectoral strategy was formulated and discussed at a workshop in September 2017 and is currently awaiting final adoption. The prime objective of this strategy is the gradual removal of children from small-scale mines and small-scale mining sites, and their social reintegration within their national community. The strategy also reproduces the objectives of the three-year action plan, with the additional objective of combating impunity. The Committee notes that the strategy states that an operational plan must be formulated as soon as possible. While noting the measures taken by the Government, the Committee once again expresses deep concern at the large number of children working under dangerous conditions in mines. The Committee urges the Government to take immediate and effective measures, as a matter of urgency, to eliminate forced child labour and hazardous work for children under 18 years of age in mines. In this regard, it requests the Government to take the necessary steps to ensure the thorough investigation and robust prosecution of offenders, and to ensure that sufficiently effective and dissuasive penalties are imposed in practice. It requests the Government to provide information on the actions taken and the results achieved as part of the implementation of the three-year action plan for 2017–20 and of the sectoral strategy for 2017–25, once the latter has been officially adopted.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour, removing them from such work and ensuring their rehabilitation and social integration. 1. Child soldiers. Further to its previous comments, the Committee notes the Government’s indication that it is consolidating data on children who have been the beneficiaries of demobilization and social and economic reintegration programmes. The Committee notes that, according to the 2017 report of the Secretary-General, a total of 1,662 children (including 177 girls) were separated from armed groups in 2016 (paragraph 74). In 2015, a total of 2,045 children were separated from armed groups and ten boys were separated from the FARDC (2016 report of the Secretary-General, paragraph 53). The Committee also observes that, according to the report of the Secretary-General on MONUSCO of 10 March 2017 (S/2017/206), between January and March 2017, 61 boys and nine girls were separated or escaped from armed groups (paragraph 33). In addition, it notes that, according to the report of the Secretary-General on MONUSCO of 30 June 2017 (S/2017/565), between March and June 2017 at least 269 children (including 14 girls) were separated or escaped from armed groups (paragraph 47). The Committee also notes that the MONUSCO report “Invisible survivors: Girls in armed groups in the Democratic Republic of Congo from 2009 to 2015” highlights the harsh reality faced by girls, half of whom have been subjected to sexual violence and often remain behind in armed groups for fear of stigmatization. In this regard, the Committee notes that the CRC, in its concluding observations of 2017, indicates that the human and financial resources for the demobilization, rehabilitation and reintegration of child soldiers are scarce, disproportionately affecting girl soldiers who comprise up to 30 per cent of children involved with the armed forces and armed groups (paragraph 47(e)). The CRC also refers to the fact that girl soldiers face stigmatization and rejection by their communities and thus are sometimes obliged to rejoin armed groups (paragraph 47(f)). Furthermore, the Committee observes that the CRC, in its concluding observations of 28 February 2017 relating to the sale of children, child prostitution and child pornography (CRC/C/OPSC/COD/CO/1), expresses concern at the fact that a significant number of girls remain victims of sexual exploitation and forced labour in the hands of armed groups (paragraph 40) and that there is no clear procedure or referral service for the protection and care of child victims of sexual exploitation (paragraph 36). In this regard, the Committee notes that in 2016 UNICEF supplied medical, psycho-social, economic and legal assistance to 100,000 children who were subjected to sexual and gender-based violence (2016 UNICEF annual report on the Democratic Republic of the Congo, page 1). The Committee urges the Government to intensify its efforts and take effective and time-bound measures to remove children from the armed forces and armed groups, as well as from forced labour and sexual exploitation, and to ensure their rehabilitation and social integration, with a particular focus on the demobilization of girls. The Committee also requests the Government to provide information on the number of child soldiers who have been removed from the armed forces and armed groups and have been reintegrated through appropriate assistance with rehabilitation and social integration.

2. Children working in mines. The Committee previously noted that several projects for the prevention of child labour in mines and the reintegration of these children through education were being implemented, aimed at covering a total of 12,000 children, of whom 4,000 were to be covered by prevention measures and 8,000 were to be removed from labour and reintegrated through vocational training. The Government also indicated that more than 13,000 children were removed from three mining and quarrying locations in Katanga, East Kasai and Ituri as part of the work of the non-governmental organizations Save the Children and Solidarity Centre. These children were then placed in formal and non-formal education structures and also in apprenticeship programmes. However, the report also indicated that, in view of the persistence of the problem, much remained to be done. The Committee further noted that Congolese girls were victims of forced prostitution in improvised prostitution centres, in camps, around mining sites and in markets.

The Committee notes that the Conference Committee urged the Government to step up its efforts to prevent children from working in mining and other hazardous types of work and to provide the necessary and appropriate direct assistance for their removal from the worst forms of child labour.

The Committee notes that there is no information in the Government’s report on the number of children removed from mining work. However, it observes that the stated aim of part 5 of the draft sectoral strategy for combating child labour in mines – namely, providing protection and care for children – is to remove children from mines and cater for their needs in terms of protection and socio-economic reintegration. In this regard, planned actions are to identify the number of children working in informal mines, to implement alternative and sustainable solutions in educational and socio-economic terms, and to reinforce community mechanisms for prevention and for the protection and promotion of children’s and women’s rights. The Committee also notes that a draft plan to remove children from supply chains in small-scale mining has been adopted. The Committee requests the Government to intensify its efforts to prevent children under 18 years of age from working in mines and from being subjected to prostitution on mining sites. It also requests the Government to provide the necessary and appropriate direct assistance for their removal from these worst forms of child labour and to ensure their rehabilitation and social integration. It further requests the Government to send information on the measures taken under the three-year action plan for 2017–20 and the sectoral strategy for 2017–25, once the latter has been officially adopted, and on the results achieved.

Repetition

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

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

The Committee notes the Government’s indication in its report that the “National Action Plan to combat the worst forms of child labour 2012–20 (PAN)” was formulated and adopted in 2011 by the abovementioned National Committee and then adopted by the tripartite constituents of the National Labour Council at its 31st ordinary session in August 2015. It also notes the adoption of Inter-ministerial Order No. 118 of 2013 (attached to the Government’s report), which updates the core mandate of the National Committee.

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

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

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted the low school enrolment rate in the country (about 40 per cent of all children of school age). The Committee also noted the 2011 Education for All Global Monitoring Report published by UNESCO, entitled “The hidden crisis: Armed conflict and education”. This report reveals that poor countries in conflict situations, such as the Democratic Republic of the Congo, are the countries that are furthest away from achieving the “Education for All” goals and, in particular, that conflict zones often lag behind other areas of the country. For example, in North Kivu province, adolescents and young adults are twice as likely, in comparison with the national average, to have less than two years’ schooling. In addition, the forced recruitment of children in schools for use in armed conflict is common practice in the country, and this has led to the closure of many schools. Moreover, many girls have been the victims of rape on their way to school.

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

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

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

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

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

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

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

A. Labour inspection

Labour Inspection Convention, 1947 (No. 81)

B. Labour administration

Labour Administration Convention, 1978 (No. 150)

Protection against specific risks

Guarding of Machinery Convention, 1963 (No. 119)

Protection in specific branches of activity

Safety Provisions (Building) Convention, 1937 (No. 62)

Hygiene (Commerce and Offices) Convention, 1964 (No. 120)