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

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

Other comments on C138

Observation

Direct Request

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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.