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

Minimum Age Convention, 1973 (No. 138) - Algeria (Ratification: 1984)

Other comments on C138

Observation

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Article 1 of the Convention. National policy and application of the Convention in practice. The Committee previously noted the establishment of the national body for the protection and promotion of the rights of the child (OPPDE) under Act No. 15-12 of 15 July 2015 on child protection. It noted that the main mission of the OPPDE was to oversee the implementation and periodic evaluation of the national and local programmes for the protection and promotion of the rights of the child and to establish a national information system on the situation of children in the country. The Committee also noted the community child protection services (services du milieu ouvert) established at the local level to ensure the social protection of children at risk, including children subjected to economic exploitation. It requested the Government to continue its efforts to ensure that children under the minimum age of admission to work, fixed at 16 years, are not engaged in child labour. It also requested the Government to provide information on the measures taken by the OPPDE in this regard, as well as on the number of children under 16 years who have been identified as being “at risk” because of their engagement in work.

The Government indicates, in its report, that among the measures taken by the OPPDE to combat the economic exploitation of children is the establishment of a mechanism for handling complaints of children’s rights violations, through a free hotline, on line, by mail or in person. The Government states that in 2019, 188 complaints related to the economic exploitation of children were registered, concerning 470 children at risk (322 boys and 148 girls). From January to the end of April 2020, 49 complaints related to the economic exploitation of children were registered, involving 132 children at risk (80 boys and 52 girls). According to the Government, the OPPDE also established a standing coordination committee within the OPPDE in 2017 and developed a committee work programme to coordinate efforts to combat child rights violations, including child labour. In addition, the OPPDE organized several public awareness-raising actions and training for professionals working in the area of child protection on combating all forms of exploitation. The Government also indicates that the development of a statistical database on the situation of children has been initiated by the OPPDE. The Committee notes that, according to the Government, an interministerial commission coordinates actions to combat child labour. The Committee encourages the Government to pursue its efforts to ensure the progressive elimination of child labour and requests it to continue to provide information on the activities carried out by the OPPDE and the results achieved with regard to combating labour of children under 16 years. The Committee requests the Government to provide information on the activities of the interministerial commission to combat child labour. It also requests the Government to intensify its efforts to set up a system for the collection of statistical data on the nature, extent and evolution of labour of children under 16 years and requests it to provide information in this regard.

Article 2(1). Scope of application and labour inspection. In its previous comments, the Committee noted that Act No. 90-11 on working conditions of 21 April 1990 governed relations between salaried workers and employers, thereby excluding persons working on their own account. It also noted that, under Ordinance No. 75-59 of 26 September 1975 issuing the Code of Commerce, children under 18 years cannot engage in trading, as defined by the Code of Commerce. In this respect, the Government stated that the Code of Commerce applies to all jobs, salaried or own-account. Noting that the Code of Commerce governs activities defined as acts of trading, the Committee noted that Algerian legislation does not regulate all the economic activities that a child under 16 years of age may carry out in the informal economy or on their own account. The Committee encouraged the Government to strengthen the capacities of labour inspection to enable it to monitor child labour in the informal economy. It also requested the Government to provide information on inspections carried out in practice by labour inspectors responsible for monitoring child labour.

The Government indicates that the fight against child labour is a priority focus of the labour inspection services. It states that measures are being taken to strengthen the capacities of labour inspectors to combat child labor, including in the informal sector. According to figures provided by the Government, as a result of investigations conducted by the labour inspectorate, four children under 16 years were identified in the workforce in 2018, and three in 2019. With regard to monitoring, the Government indicates that the child labour rate over the last ten years is 0.03 percent. However, the Committee notes that according to the multiple indicator cluster survey (MICS) conducted in Algeria in 2019 by the Directorate of Population under the Ministry of Health, Population and Hospital Reform in partnership with UNICEF, 4.2 per cent of children aged 5 to 17 are engaged in child labour (5.7 per cent of boys and 2.7 per cent of girls), including in hazardous conditions. The Committee therefore requests the Government to intensify its efforts to strengthen the capacities of the labour inspectorate in order to detect all cases of child labour, including in the informal economy. It requests the Government to provide information on this matter and on the number of violations found related to child labour, including in hazardous conditions, and the penalties imposed. The Committee also requests the Government to take the necessary measures to ensure in practice that the protection set out by the Convention is applied to children working in the informal economy or on their own account, and not restricted to activities governed by the Code of Commerce.