Solicitud directa (CEACR) - Adopción: 2007, Publicación: 97ª reunión CIT (2008)

Convenio sobre las peores formas de trabajo infantil, 1999 (núm. 182) - Argelia (Ratificación : 2001)

The Committee notes the Government’s report. In particular, it notes the Government’s information concerning the measures taken in the field of education. Moreover, the Committee notes the Government’s indication that, in order to harmonize Algerian legislation on child protection with ratified international instruments, it has initiated a new draft law concerning child protection. The Committee hopes that the Government will take account of the issues raised below in the preparation and adoption of this draft law and asks it to supply information on all further developments in this respect.

Article 3 of the Convention. Worst forms of child labour. Clause (a). 
1. Sale and trafficking of children. In its previous comments, the Committee noted that sections 343 and 344 of the Penal Code prohibited the trafficking of persons, including children under 18 years of age, for the purposes of prostitution. It reminded the Government that, under the terms of Article 3(a) of the Convention, the sale and trafficking of children are prohibited not only for the purpose of sexual exploitation but also for the purpose of economic exploitation and requested it to take the necessary measures in this respect. The Committee notes the Government’s statement that the situation in Algeria differs considerably from what is observed in many other countries inasmuch as no cases of the worst forms of child labour have been recorded in the country.

The Committee notes, however, that the Committee on the Rights of the Child, in its concluding observations on the second periodic report of Algeria of October 2005 (CRC/C/15/Add.269), noted with concern that children were victims of trafficking in Algeria, that the country was becoming a place of transit for trafficking between Africa and Western Europe, and it strongly deplored the absence of a specific legal framework protecting children from trafficking and the inadequacy of measures aimed at preventing and eliminating this phenomenon. In particular, it recommended that the Government establish a specific legal framework aimed at preventing children from becoming the victims of trafficking for the purposes of sexual exploitation or for other purposes and that it should define the term “trafficking” as a special criminal offence, in conformity with the terms of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime. Like the Committee on the Rights of the Child, the Committee is concerned at the fact that children are victims of trafficking in Algeria and that the country is becoming a place of transit for trafficking between Africa and Western Europe. The Committee considers that the adoption of specific legal provisions relating to trafficking for the purposes of both economic and sexual exploitation will improve the protection of children under 18 years of age against this worst form of child labour and asks the Government to take the necessary measures for this purpose. It also requests the Government to renew its efforts to ensure that, in practice, all cases involving the trafficking of children under 18 years of age are investigated and that the perpetrators are charged, sentenced and punished. In this respect, the Committee requests the Government to supply information on the number and nature of infringements reported, inquiries conducted, prosecutions brought, convictions secured and penal sanctions applied.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes that the Committee on the Rights of the Child, in its concluding observations of October 2005 (CRC/C/15/Add.269), noted with deep concern that child prostitution was on the increase in the country and that not only girls but also boys who were working as salespersons, messengers or domestic workers were particularly at risk from sexual exploitation. The Committee notes that sections 342 and 343 of the Penal Code prohibit and punish the procuring or offering of persons, particularly children, for prostitution. In view of the above, the Committee requests the Government to take the necessary measures to ensure that all cases of sexual exploitation of children under 18 years of age for commercial purposes are investigated and that the perpetrators are charged, convicted and punished. It requests the Government to supply information on the application of these provisions in practice, particularly in the form of statistics on the number and nature of infringements reported, inquiries conducted, prosecutions brought, convictions secured and penal sanctions applied.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. In its previous comments, the Committee noted that no legislative provision prohibited this worst form of child labour and asked the Government to indicate the measures taken to this effect. The Committee notes the information supplied by the Government but observes that it does not deal with the use, procuring or offering of a child under 18 years of age for the production of pornography or for pornographic performances. The Committee once again asks the Government to supply information on the measures taken to ensure that the national legislation prohibits the use, procuring or offering of a child under 18 years of age for the production of pornography or for pornographic performances. Moreover, it asks the Government to establish penalties for this purpose.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee previously noted that, even though severe penalties were laid down for the possession, use or trafficking of illegal drugs in the national legislation, no legislative provision prohibited the use, procuring or offering of a child under 18 years of age for the production and trafficking of drugs. In this respect, the Committee notes the information supplied by the Government in its report. However, it notes that this information deals with the sale or offering of drugs and psychotropic substances to persons even though Article 3(c) of the Convention prohibits the use, procuring or offering of a child under 18 years of age for illicit activities, particularly for the production and trafficking of drugs. The Committee therefore once again asks the Government to indicate the measures taken in order to prohibit this worst form of child labour. Moreover, it asks the Government to establish penalties for this purpose.

Article 3(d). Hazardous work. Self-employed workers. In its previous comments, the Committee observed that section 1 of Act No. 90/11 of 21 April 1990 concerning conditions of work governs individual and collective employment relationships between wage workers and employers. It noted that this provision of Act No. 90/11 does not apply to employment relationships not resulting from a contract, such as self-employment involving children. Noting the absence of information on this point in the Government’s report, the Committee once again asks the Government to indicate the measures taken or envisaged to ensure protection against hazardous work for children engaged in non-wage economic activity, such as self-employment.

Article 4, paragraph 1. Determination of hazardous work. In its previous comments, the Committee noted the Government’s information that the
inter-ministerial committee had recommended the adoption of legislative texts to cover hazardous types of work which are prohibited for children under 18 years of age. The Committee observes, as indicated by the Government in its report, that the labour legislation in force has taken account of the issue of hazardous work but in a general manner. It reminds the Government that, under Article 4, paragraph 1, of the Convention, hazardous types of work must be determined by the national legislation or the competent authority, after consultation of the employers’ and workers’ organizations. The Committee therefore once again asks the Government to supply information on the measures taken to determine hazardous types of work, after consultation of the employers’ and workers’ organizations. The Committee hopes that the Government, when determining hazardous types of work, will take account of the types of work described in Paragraph 3 of Recommendation No. 190.

Article 7, paragraph 2. Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour, removing children from the worst forms of child labour and ensuring their rehabilitation and social integration. Referring to its previous comments, the Committee notes that the Committee on the Rights of the Child, in its concluding observations on the second periodic report of Algeria of October 2005 (CRC/C/15/Add.269), expressed serious concern at the inadequate nature of the services for the rehabilitation and social integration of child victims of trafficking. The Committee asks the Government to supply information on the time-bound measures taken to: (a) prevent children from becoming victims of trafficking for the purposes of economic or sexual exploitation; and (b) provide the necessary and appropriate direct assistance for the removal of child victims of trafficking and for their rehabilitation and social integration.

Clause (d). Children particularly exposed to risk. Street children. The Committee notes that the Committee on the Rights of the Child, in its concluding observations of October 2005 (CRC/C/15/Add.269), noted the conclusions of a study conducted in 2001 according to which socio-economic problems, such as poor housing, unemployment and poverty, and also family problems such as domestic violence and abuse, drive children to live on the streets. Moreover, the Committee on the Rights of the Child expressed its concern at street children’s limited access to adequate social and health services and at their vulnerability to economic and sexual exploitation. Recalling that street children are particularly exposed to the worst forms of child labour, the Committee encourages the Government to take the necessary measures to protect them from the worst forms of child labour and ensure their rehabilitation and social integration.

Article 8. Cooperation. 1. Cooperation agreements. The Committee is of the opinion that bilateral or international cooperation between the law enforcement bodies and the judicial authorities is essential for preventing and eliminating the worst forms of child labour, particularly the sale and trafficking of children, through the gathering and exchange of information and through assistance aimed at identifying and prosecuting the individuals involved and repatriating the victims. It therefore requests the Government to take the necessary measures to conclude bilateral or multilateral agreements and adopt programmes of cooperation with the countries of origin and transit of child victims of trafficking, thereby reinforcing security measures aimed at the prevention and elimination of this worst form of child labour. It asks the Government to supply information in this respect.

2. Poverty reduction. The Committee previously noted that the Government was the recipient of cooperation programmes and financial aid from the UNDP, aimed at implementing various measures to combat the worst forms of child labour and other poverty-related issues. It notes the Government’s information that social and economic measures have been adopted in the field of education to help children with low-income parents and establish a programme of assistance to low-income families. Having regard to the fact that poverty reduction programmes contribute towards breaking the cycle of poverty, which is essential for eliminating the worst forms of child labour, the Committee asks the Government to continue its efforts in this field.