Observation (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

Convention (n° 138) sur l'âge minimum, 1973 - Algérie (Ratification: 1984)

Article 1 of the Convention. National policy. In its previous comments, the Committee noted that, in the context of the project on the national strategy for children, the administration responsible for the family had organized a strategic planning workshop for the protection of children in February 2007 in collaboration with UNICEF. Following the workshop, recommendations for the protection of children were formulated for the period between 2007 and 2015. The Committee also noted that the Government had initiated a Bill on the protection of children. It requested the Government to provide information on the implementation of the recommendations and on the results achieved, and asked the Government to provide a copy of the Act on the protection of children once it had been adopted. The Committee notes the Government’s indication that the evaluation by the Follow-up and Evaluation Committee of the National Plan of Action for the Protection and Development of Children will be provided later. The Committee hopes that the Government will be in a position to provide with its next report the evaluation by the Follow-up Committee of the effect given to the recommendations made following the strategic planning workshop for the protection of children held in February 2007, and on the results achieved in terms of the progressive abolition of child labour. The Committee requests the Government to provide a copy of the Act on the protection of children once it has been adopted.

Article 2, paragraph 1. Scope of Application. The Committee noted previously that Act No. 90-11 respecting conditions of work of 21 April 1990 does not apply to employment relations which are not governed by a contract, such as work done by children on their own account. According to the Government, the Act does not apply to persons working on their own account, who are covered by other regulations which determine the minimum age for admission to non-wage work. In this respect, the Government indicates that section 5 of Ordinance No. 75-59 of 26 September 1975 issuing the Code of Commerce (Code of Commerce) provides that any emancipated minor of either sex, aged 18 or above, who wishes to engage in commercial activity, may not commence commercial operations or be considered of majority age with regard to any commitments she/he enters into for commercial purposes unless the said minor has received prior authorization from her/his father or mother or, in the absence of a father and mother, through a decision of the family council approved by a court of law. The Government added that, under this provision, regulations respecting admission to employment are of a general nature and apply to all forms of employment, whether waged or own account. The Committee noted that this provision of the Code of Commerce concerns emancipated minors of either sex, aged 18 or above, who wish to engage in a commercial activity. The situation to which the Committee referred concerns children under 18 years of age covered by the Convention who are engaged in an economic activity outside an employment relationship in the informal economy or on their own account. The Committee requested the Government to take the necessary measures to ensure that the protection afforded by the Convention is applied to children who are engaged in economic activity on their own account.

In its report, the Government indicates that, with regard to the age for admission to non-wage work, Algerian law prohibits access to employment for young persons under 18 years of age. In this respect, it refers once again to section 5 of the Code of Commerce, which provides that any emancipated minor of either sex, aged 18 or over, who wishes to engage in commercial activity, may not commence commercial operations or be considered of majority age with regard to the commitments entered into for commercial purposes unless the said person has received prior authorization from her/his father or mother or, in the absence of a father and mother, through a decision of the family council approved by a court of law. The Committee notes that commercial activities are defined in sections 2 and 3 of the Code of Commerce. Under the terms of section 2 of the Code, commercial activities include any purchase of movables for resale, either in their present state or after having worked or processed them. The Committee notes that these provisions of the Code of Commerce regulate the possibility for emancipated minors of either sex, aged 18 or above, to engage in a commercial activity in the formal economy. The Committee accordingly understands that work performed by a minor who is not emancipated on her or his own account or in the informal economy, for example as a small trader, is prohibited by the Code of Commerce. However, it notes that these provisions of the Code of Commerce do not regulate all the economic activities that a child under 16 years of age may carry on in the informal economy or on her or his own account and which are covered by the Convention, for example in the agricultural and domestic sectors. In this respect, the Committee notes that the Committee on the Rights of the Child, in its concluding observations to the Government’s second periodic report of October 2005 (CRC/C/15/Add.269, paragraph 74), noted with concern that the minimum age for admission to employment (16 years) does not apply to children working in the informal economy (for example, agriculture and domestic service). The Committee on the Rights of the Child recommended the Government to take effective measures to prohibit the economic exploitation of children, particularly in the informal economy, where their exploitation is more prevalent.

The Committee therefore requests the Government to provide information on the application in practice of section 5 of the Code of Commerce, with an indication of the manner in which the application of this provision is supervised. The Committee also requests the Government to provide information on the manner in which children who are not bound by a subordinate employment relationship, such as those working on their own account or in the informal economy, benefit from the protection envisaged by the Convention. In this respect, it would be grateful if the Government would envisage the possibility of adopting measures to adapt and strengthen the labour inspection services so as to ensure such protection.

Article 3, paragraphs 1 and 2. Minimum age for admission to hazardous work and determination of these types of work. The Committee previously noted the information provided by the Government that a revision of the national labour legislation is in progress and that the issue of prohibiting the engagement of persons under 18 years of age in hazardous type of work will be taken into account. It also noted the Government’s indication that a list of prohibited types of work would be established by regulation. The Committee notes the Government’s indication that specific provisions such as to clarify any ambiguity on these matters are envisaged in the future Labour Code. The Committee expresses the firm hope that the revision of the Labour Code will be completed in the near future and that provisions giving full effect to Article 3, paragraphs 1 and 2, of the Convention, namely that the minimum age for admission to any type of hazardous employment or work shall not be under 18 years of age and that a list of these types of employment or work shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, will be adopted in the very near future. It requests the Government to provide information on any development in this respect.

Part V of the report form. Application of the Convention in practice. With reference to its previous comments, the Committee notes the information provided by the Government that the labour inspection services drew up 184 notifications covering a total of 210 offences in 2006 and 2007. Of these, 77 were investigated by the competent jurisdictions and gave rise to penalties. The Committee requests the Government to provide information on the penalties imposed by the competent jurisdictions following these prosecutions. It also requests the Government to continue providing information on the manner in which the Convention is applied in practice including, for example, statistical data on the employment of children and young persons, extracts from the reports of the inspection services and details on the number and nature of the contraventions reported, and on the penalties imposed.