The Committee took note of the oral statements made by the Government representative and the discussion that followed.

The Committee noted the grave issues concerning this fundamental Convention, referring in particular to the forceful recruitment of children under the age of 18 into the armed forces and the lack of adequate access to education. The Committee also expressed disappointment over the Government’s failure to comply with its reporting obligations for several years.

Taking into account the discussion, the Committee called upon the Government of the Democratic Republic of the Congo to:

- ensure the full and immediate demobilization of all children in the ranks of the FARDC and to put a stop to the forced recruitment of children into armed groups, giving special attention to the demobilization of girls;

- intensify its efforts to prevent children from working in mines and other hazardous sectors and to provide the necessary and appropriate direct assistance for their removal from these worst forms of child labour;

- ensure that thorough investigations and prosecutions of offenders are carried out and that sufficiently effective and dissuasive penalties are imposed on them;

- intensify its efforts to take effective, time-bound measures to remove children from armed groups and other worst forms of child labour and to ensure their rehabilitation and social reintegration;

- provide information on the number of child soldiers removed from the armed groups and reintegrated into society.

The Committee recommended the Government of the Democratic Republic of the Congo to avail itself of technical assistance in order to eradicate the worst forms of child labour and to report progress in relation to the abovementioned recommendations to the Committee of Experts before its November 2017 session.

The Committee called on the ILO, the international community and employers’ and workers’ organizations to collaborate with the goal of eliminating all forms of child labour, including the worst forms of child labour in the country without delay.

Individual Case (CAS) - Discussion: 2009, Publication: 98th ILC session (2009)

A Government representative indicated that in the report of the Security Council of 10 November 2008 on children in armed conflict, the United Nations Secretary-General observed a reduction in the number of allegations of serious violence against children during the period of June 2007 to September 2008 in the district of Ituri, the Northern provinces and those of South Kivu and North Katanga. The Government undertook to put an end to the impunity of those responsible for violence against children, as shown by the legal measures adopted against the perpetrators of these crimes before the national, military and civil judicial authorities. It should be noted that the Government collaborated with the International Criminal Court in the framework of the prosecution of individuals for war crimes and in particular for the enlistment and conscription of children of less than 15 years. The Government considered that the agreements recently signed in Goma with the National Congress for the People’s Defence (CNDP), the detention of Laurent Nkuda and the joint attacks carried out by the Armed Forces of the Democratic Republic of Congo (FARDC) and the forces de défenses rwandaises (FDR) against the Democratic Forces for the Liberation of Rwanda (FDLR) could also have positive consequences on the situation of children in the Democratic Republic of the Congo.

Additionally, informal mining had been considerably developed due to the deterioration of the socioeconomic situation and armed conflict. Many children worked in informal mines in various mining provinces of the Democratic Republic of the Congo (Eastern Kasai, Western Kasai, Katanga, Eastern Province, North and South Kivu). Concerning statistical information, the speaker referred to the information submitted by the Government as reflected in the Committee of Experts’ report.

The Government was pleased to indicate the legislative and regulatory measures taken, namely the adoption of Act No. 09/001 of 10 January 2009 concerning the protection of children which reinforced their protection against all forms of violence. This Act was complemented by Decree No. 066 of 9 June 2000 on the demobilisation and reintegration of vulnerable groups present among the fighting forces as well as three Presidential Decrees concerning the creation of institutions in charge of the Disarmament, Demobilisation and Reintegration process (DDR).

At the institutional level, the national Committee on the fight against the worst forms of child labour existed since 2006 in order to elaborate a strategy and National Plan of Action on the fight against the worst forms (PNLP) and ensure the follow-up and evaluation of actions to help exploited children and victims of violence in collaboration with national and international NGOs and agencies of the United Nations system. This illustrated the commitment of the Government with regard to this matter. Provincial Committees on the fight against child labour had also been created.

At the policy level, a national plan of action on the fight against child labour was being elaborated with the support of the ILO. This was also the case with regard to the national employment and vocational training policy aimed at full employment and the improvement of the conditions of lives of parents. The speaker also referred to the elaboration and adoption of a plan of action against violence on children, and the implementation of a national plan of action for youth employment.

At the operational level, the FARDC had put an end to the systematic recruitment of children, in conformity with the army policy and the applicable international law rules. Since 2004, more than 31,000 children had been released from armed groups. Most of them had benefited from family reunification and social reintegration programmes with the support of many international organizations, including the ILO. The Office had in fact implemented two successive projects to prevent the recruitment of children and ensure the reintegration of children released from armed groups. At present, many projects by national and international organizations were being implemented and aimed at the prevention of child labour in mines and the reintegration into the educational system of children taken out of mines.

The speaker concluded by indicating that the two projects undertaken between 2003 and 2009 and which aimed at the prevention and reintegration of children taken out of armed conflict had been developed in the eastern part of the country and had achieved encouraging results. Furthermore, the Government had made a request to the Office to ensure cooperation essentially aimed at social sensitisation and mobilisation at all levels on the detrimental effects of child labour and its consequences, as well as the possible carrying out of investigations in order to obtain reliable statistical information which was currently lacking.

The Employer members stated that every year since 2006, the Committee of Experts had considered the Democratic Republic of the Congo’s violations of Convention No. 182, which it had ratified in 2001. In 2007 and 2008, the CEACR had repeated the comments made in 2006. The case of the Democratic Republic of the Congo was marked by the armed hostilities prevailing since 1988 and the continuing civil war in some provinces. In its comments, the Committee of Experts had reported grave violations of all elements of Article 3 of Convention No. 182, including kidnapping of children, sale, slave-like treatment, and sexual exploitation, the forced recruitment of children to participate in armed conflicts; and hazardous child labour in mines.

As confirmed by the Government representative, the majority of the Committee of Experts’ conclusions were based on the enquiries and reports of the UN Special Rapporteur and the UN Secretary-General, such as the 2007 report on the use of children in armed conflicts. The reports proved that in the last few years, several tens of thousands of children had been used in armed conflicts. The UN Secretary-General had further found that children, who were not part of the recruited troops and who had been kidnapped and forcibly recruited, had often ended up between the fronts of government and other military groups and rebel groups. According to information noted by the Committee of Experts and further complementary information provided by the Government representative during this session, the Government had undertaken various efforts to improve the situation. These efforts were related to legislative measures such as the amendment of the Penal Code, an increase of penalties and an improvement in law enforcement. In July 2006, section 174, paragraph (j) had been inserted into the Penal Code. It provided for custodial sentences of between 10 and 20 years for kidnapping and sexual exploitation of children. The adoption of Law No. 06/18 would further pursue the same purpose. In addition, Legislative Decree No. 066 of 9 June 2000 was aimed at improving the reintegration and the demobilisation of child soldiers. Also, a penal provision against the use of children in mining had been inserted into the Labour Code. A ministerial decree of 2008 and the recently adopted 2009 Act for the Protection of Children against All Forms of Dangerous Activities prohibited dangerous activities of children below 18 years of age. The efforts would also concern the establishment of a national commission to combat the worst forms of child labour.

Further, as had been stated by the Government representative, the reports made reference to cooperation with the International Criminal Court in the prosecution of military leaders. Cooperation also existed with different international institutions and child relief organizations, like UNICEF.

It seemed as though an effective practical implementation of the legislative measures was still at least partly lacking, as confirmed by the Government representative. Concrete and recent information was, however, not available. In some areas of the country, in particular, Ituri and North and South Kivu, armed units were still forcibly recruiting children. According to the report of the UN Secretary-General, referred to by the Committee of Experts, children from refugee camps in bordering countries were forcibly recruited by armed groups. In particular, the reintegration of those children in forced labour and those who were forcibly recruited for armed conflicts progressed very slowly. An improvement could probably be seen in the commissions, which were also established on the provincial level, as had been described by the Government representative. It was, however, possible that the legal foundations for those measures were not yet sufficient. Equally it remained difficult to fully appreciate that progress, as up until now the Committee of Experts had not received a copy of the Legislative Decree No. 066 of 2000.

Therefore, urgent measures in all areas, especially for the creation of legal foundations and their implementation, were necessary. For violations of the Convention, effective penalties had to be imposed. Statistical data on the situation of children in the Democratic Republic of the Congo had to be collected, efficient programmes aimed at reintegrating children in the society had to be established and the psychological rehabilitation of children had to be supported. The Government’s remark that reintegrating forcibly recruited children, especially young girls, and their registration was difficult, since those children had the wish to return discreetly to their families, might be correct. Nevertheless, the Government was required to remedy this situation through comprehensive awareness training. The education programme mentioned by the Government representative could be seen as one step in this direction.

Due to the country’s partly still dramatic situation, it was apparent that it could not solve problems solely by itself. Comprehensive assistance of the international institutions, of the UN and the ILO, as mentioned in the report, was necessary. Since steps in the direction of a normalisation of children’s lives in the country were indispensable for easing the general situation and for the process of democratization, this assistance had to be rendered expeditiously. The Employer members supported any urgent enquiries and requests the Committee of Experts would direct towards the Government and, especially in light of its statements in this session, asked the Government to increase its efforts to combat child labour and to provide comprehensive information on actual developments.

The Worker members stated that, in the Democratic Republic of the Congo, child labour did unfortunately exist, in almost all of its worst possible forms. Those practices were the consequence, both directly and indirectly, of the economic war waged by warlords and certain States in order to exploit the country’s natural resources. In the context of a war that had been destroying the country for several years, as well as the additional financial crisis, no less than 80 per cent of the working population was currently unemployed, with the majority not in a position to send their children to school. Those factors provided the backdrop to the worst forms of child labour in the Democratic Republic of the Congo.

With regard to the forced recruitment of children to the armed forces or armed groups, the various reports of the United Nations Secretary-General on that issue indicated that the number of children recruited had fallen after 2006, owing to a number of factors. However, it should be noted that the number of children who were victims of those practices still remained very high, and recruitment had actually increased in some regions of the country or in neighbouring countries such as Rwanda and Uganda. The Government had taken some measures to end the impunity of the perpetrators of forced recruitment through pursuing some warlords, but many children were still forced to join armed groups and even the regular armed forces. Forced recruitment also led to other violations of the rights of children, including abductions and the selling and trafficking of children for sexual exploitation. The Committee of Experts considered that the Penal Code of the Democratic Republic of the Congo did not sufficiently penalize such practices. In its response, the Government made reference to new legislative provisions, but failed to provide copies of those provisions. The Government also failed to communicate statistics on the number of offences as well as the number of convictions.

Another worst form of child labour concerned children being forced by armed groups or rebels to work in artisanal mines in the regions of Katanga, East Kasai and South Kivu, primarily for the extraction of precious natural resources such as coltan and gold. The Government confirmed the observations made by the Confederation of Trade Unions of the Democratic Republic of the Congo and the United Nations Special Rapporteur. The problem did not exist at the level of legislation, which did, on that occasion, conform to the Convention; the primary concern was the ineffective implementation of the legislation. Programmes had been established to remove children from military or sexual exploitation, with the participation of several ministries, NGOs and international organizations such as UNICEF, the UNDP and the ILO. The programmes allowed around 30,000 children, between 2003 and 2006, to be released from the armed forces and armed groups. Half of those received assistance with reintegration, either through returning to school or through professional training programmes. The National Institute for Vocational Training, established by the ILO in Katanga, allowed 2,800 children, every six months, to learn a trade, such as construction, woodworking, or electricity. However, around 50,000 children still remained “under arms” and the reintegration of girls proved an even more sensitive issue, as they feared social exclusion following their association, even though it was forced, with soldiers or armed groups. Furthermore, economic reintegration was hindered by limited economic possibilities, which were further diminished by the crisis, as well as by the lack of sufficient money available for longer-term reintegration programmes. Consequently, children risked being re-enlisted in the armed forces or groups.

To conclude, the Worker members stated that this human drama, together with the violence against women and young people, affected a large number of children and itself formed part of the wider backdrop of economic war and widespread unemployment.

The Worker member of the Democratic Republic of the Congo indicated that the Democratic Republic of the Congo was a country in Central Africa with a surface area of 2,345,000 km2 and an estimated population of 60 million. This country was rich in mineral resources and contained 50 per cent of the equatorial rain forest, with wood resources in high demand. Besides the systematic looting which had been destroying the economic fabric since 1991, wars had plagued the regions of Ituri, and South and North Kivu. Due to the safety plan, the situation had started to improve but the drop in metal prices had resulted in an increase of unemployment reaching 80 per cent of the active population. These factors provided an insight into the context in which the violations of Convention No. 182, which had been ratified by the Democratic Republic of the Congo in 2001, were committed. Information existed on the fact that young children, within the country or stemming from the country and directed to foreign countries, were sold, exchanged and kidnapped for sexual exploitation. Children were also forcibly recruited for service in the armed forces. Others were employed in the mineral mines in the provinces of Katanga, East Kasai, North and South Kivu and Ituri. The reported violations of the Convention were real and gave reason for concern. The Government had adopted laws of which several needed to be reinforced and adapted the actual situation. Nevertheless, it had to be noted that the situation had been improving. In view of the scale of the phenomenon, the means provided on the ground by the international community remained insufficient. In the majority of cases, the culprits of those practices were warlords and criminal prosecutions against them were hardly ever initiated. Those warlords came very often from the countries bordering the Democratic Republic of the Congo. The end of the war and the fight against poverty would contribute to an expeditious solution of the problem of recruitment of child soldiers and the sale, trafficking and enslavement of children.

The National Institute for Professional Training (INPP), COMADER, UNICEF, UNDP and NGOs provided assistance to child victims of exploitation, in particular concerning measures for their social and economic rehabilitation and reintegration. Due to the high number of child abuse victims, the Government had to increase its efforts. It was recommended that the international community and especially the ILO rendered assistance. The employment of children in mines was one reason for the drop of mineral and diamond prices which had led to the fall into poverty of many heads of families. Children, which could no longer be educated were obliged to work and were the object of artisanal exploitation. The labour inspection was not efficient and there existed a problem of manpower and means. Following a request of the workers, the ILO had established an office in Katanga to take care of the work in the artisanal mines.

The speaker concluded that the Office had to render assistance to the Government in order to increase the activities of the INPP, to reinforce the legislation and thus bring it into conformity with Convention No. 182, to end the impunity of warlords, to reinforce the efficiency of labour inspections and the fight against poverty, to create a climate of safety on the ground by putting an end to the systematic pillaging of natural resources and the suffering of children, and to improve social dialogue in the fight against the worst forms of child labour.

The Government member of Canada stated that his Government was acutely aware of and was concerned with the situation of children in conflict in the Democratic Republic of Congo. It was a tragic example of a situation where children faced direct and indirect recruitment as soldiers and into forced labour, as well as injury, death, displacement and sexual and gender based violence – a list of consequences that sadly enough was not exhaustive. Canada recognized the recent successful efforts of the Government to disarm and demobilize child soldiers. Attention had, however, to be given to the reintegration of these children, to avoid them being recruited again. Preventing the recruitment and use of children as soldiers was key, and he urged the Government to improve efforts to stop such practices and hold violators of the rights of children accountable. Canada welcomed in this respect the steps taken by the Government in cooperation with the International Criminal Court. Canada expressed its grave concern regarding the recruitment of children into forced labour, in particular for the extraction of natural resources. Tens of thousands of children worked in the mining sector, most often in extremely dangerous conditions. Despite legislation in force, serious concerns remained regarding the rights of children and their protection. The Government needed to intensify its efforts rapidly to put in place effective measures to stop the recruitment of children under the age of 18 for use as mine workers, sex slaves and soldiers.

The Worker member of Senegal stressed that the Government of the Democratic Republic of the Congo was under consideration by the Committee to respond to serious violations of the provisions of Convention No. 182 and the continued failure of its application. The Conference Committee had to adopt conclusions which were proportional to the seriousness of the acts described by the Committee of Experts in its report, namely the sale, trafficking, kidnapping and exploitation for pornographic purposes of young girls and boys, inside the country or in foreign countries. These events also included hazardous work in mines and the forced recruitment of children by armed forces of the country for use in armed conflict. Reintegration and rehabilitation of child soldiers in their community was necessary. According to the report of the UN Secretary-General on children and armed conflict of 9 February 2005, which confirmed the comments of the Committee of Experts, thousands of children remained in the armed forces and groups in the Democratic Republic of the Congo, and recruitment was ongoing. Although some regional military leaders had released children, no mass release had been recorded to date. These recruitments constituted one of the worst forms of child labour within the meaning of Article 3 of the Convention.

In addition, according to the report of the Committee of Experts, the provisions of the Penal Code prohibiting the sale and trafficking of children for sexual exploitation were inadequate and had to be improved to stop impunity. Much remained to be done concerning child labour, which was largely caused by poverty and high unemployment. The provisions of the Convention must be transposed into national legislation and the Government had to make a firm commitment to work twice as hard to implement the commitments undertaken in this area. In this respect, the speaker recalled that the Government had ratified the two Optional Protocols to the UN Convention on the Rights of the Child.

The Conference Committee had to adopt firm conclusions if the Government provided no assurances as to its commitment to the fight against child labour. The group of experts responsible for the investigation of the illegal exploitation of the Democratic Republic of the Congo’s natural resources had repeatedly stressed the link between the plundering of resources and the continuing recruitment by the military groups of children into forced labour for extraction of natural resources. Ten years after the adoption of Convention No. 182, it was time to promote real progress towards eradicating the worst forms of child labour and the Government should make substansive efforts to stop abuses.

The Worker member of Comoros indicated that the information provided by the Government concerning non-compliance with Convention No. 182, as well as the information reported by the trade union representatives of the Democratic Republic of the Congo, showed a wide disparity between the law on the rights of the child and its effective application in the Democratic Republic of the Congo. In fact, the figures contained in the information provided by the Government was much less than the number of children actually affected by this phenomenon, which exceeded 50,000 children, ranging from those involved in armed conflict to those working in mines.

The speaker welcomed the willingness of the Government to eradicate child labour in the Democratic Republic of the Congo, especially in its worst forms, but he considered it necessary and urgent that the Government took action in the form of a programme that would match the scale of the problem, focusing on: the strengthening of legislation for the protection of children; the construction of sufficient infrastructure to accommodate all children affected; the expansion of vocational training and learning centres in order to accommodate more children; good cooperation with the international organizations present in the Democratic Republic of the Congo, and with the social partners; the strengthening of the capacity of the labour inspectorate for operational purposes; bringing the perpetrators of these crimes to justice in order to put an end to this unacceptable evil.

Finally, the speaker also urged the international community to assist the Government in this task, so as to give effect in practice to the provisions of Convention No. 182, which had been ratified in 2001.

The Government representative of the Democratic Republic of the Congo thanked all the speakers and recalled that his country had been at war since 1998. At present, some areas remained under the control of warlords. The Government had always sought the support of the international community, as evidenced by the presence of the United Nations Organization Mission in the Democratic Republic of the Congo (MONUC). The law existed, courts applied it and the culprits were convicted. It was true that statistics were not available, but the Government agreed to make efforts so as to be able to transmit the data in question. He expressed the hope that criminal law would be strengthened in order to consider the recruitment of children for use in armed conflict a war crime, making these acts imprescriptible. He also indicated that it would be desirable for the international community to take measures against products marketed in the neighbouring countries of the Democratic Republic of the Congo and produced by the exploitation of the worst forms of child labour.

The Employer members considered that the statements made by the Government representative, the Committee of Experts’ comments and the UN Secretary-General’s report, had shown that the situation in the country as regards the implementation of Convention No. 182 was still grave.

While the Government had made promising endeavours to improve the situation, these efforts had to be considerably and expeditiously intensified. First and foremost, it was necessary to penalize violations against the Convention by exhausting all means under the penal provisions. Furthermore, information had to be provided concerning the current situation, including the recently adopted Act for the Protection of Children against All Forms of Dangerous Activities. The provision of up to date figures concerning the development of child labour and the liberation of children from the hands of armed troops was also important. This information should also include information on the situation in the border areas and in the refugee camps. Comprehensive awareness raising was necessary for the reintegration of children in the society and contributing to achieving a sustainable peace process.

The Employer members encouraged the Government to continue cooperating closely with the international organizations and child relief organizations and to further national programmes to combat the worst forms of child labour. In this regard, the mentioned education programme was very important. The Office was asked to offer its technical assistance together with the UN.

The Worker members once more regretted the multiple forms of child labour in the Democratic Republic of the Congo. They urged the Government to take the following measures: to optimise the penal arsenal to combat the worst forms of child labour; to reinforce the effectiveness of its labour inspection system; to ensure that the commanders of the national armed forces did not recruit children; to severely penalize all infringements; to provide without delay information on the number and nature of infringements, the prosecutory sanctions induced and the penal sanctions imposed as well as on the demobilisation and social reintegration programmes; to increase its efforts for the rehabilitation and the reintegration of released children, paying particular attention to girls; to increase the cooperation with neighbouring countries affected by the same problems.

Furthermore, the Worker members asked the international organizations and institutions to continue their efforts to develop programmes aimed at: restoring order and peace in the country; creating more jobs and reducing the massive unemployment in the affected regions; guaranteeing a primary education for every child.

With regard to the actions the Office had to undertake, the Worker members asked the Office to multiply job training centres for released children in light of the highly appreciated contribution by the centre in Katanga and the still high number of children needing support.

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

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

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

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

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

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 3. Worst forms of child labour. Clause (c). Use, procuring or offering of a child for illicit activities. Further to its previous comments, the Committee notes with interest that section 53 of Act No. 09/001 of 10 January 2009 for the protection of children (Act No. 09/001 of 10 January 2009) prohibits the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs.

Article 7(1) of the Convention. Penalties. Further to its previous comments, the Committee notes that section 187 of Act No. 09/001 of 10 January 2009 establishes a penalty of between one and three years of penal servitude for the exaction of forced labour and the use, procuring or offering of a child under 18 years of age for prostitution, pornography or illicit activities.

The Committee notes that the Government’s report does not contain a reply to its previous comments. It hopes that the next report will include full particulars on the points raised in its previous direct request, which read as follows:

Article 6. Programmes of action. With reference to its previous comments, the Committee notes the information supplied by the Government to the effect that section 2(2) of Ministerial Order No. 12/MIN/TPS/AR/34/2006 of 10 June 2006 states that the National Committee to Combat the Worst Forms of Child Labour is responsible for drawing up national action programmes for identifying and reporting child labour and the worst forms thereof, preventing children from engaging in the worst forms of child labour and removing them from such labour if necessary, providing for their rehabilitation and social integration and giving particular attention to vulnerable children. It also notes that the Ministry of Employment, Labour and Social Welfare is responsible for ensuring that the National Committee to Combat the Worst Forms of Child Labour becomes operational. Once it is operational, the Committee will draw up a national strategy on the abolition of child labour and the worst forms thereof. The Committee hopes that the National Committee to Combat the Worst Forms of Child Labour will become operational in the near future and that it will be in a position to draw up a national strategy and action programmes for the elimination of the worst forms of child labour. It requests the Government to supply information on all progress made in this regard and to send a copy of the texts of the national strategy and action programmes once they have been drawn up.

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 noted that the Committee on the Rights of the Child, in its concluding observations in July 2001 (CRC/C/15/Add.152, paragraphs 66 and 67), expressed its continuing concern at the low school enrolment rate for girls, their high drop-out rate, and also the high female illiteracy rate, especially in rural areas.

The Committee notes that, according to the 2008 Global Monitoring Report on “Education for All” (EFA) published by UNESCO, entitled Education for All by 2015: Will we make it?, owing to a lack of data, particularly because of the ongoing conflict in the country, it has been impossible to make any projections regarding achievement of the EFA programme targets by the Democratic Republic of the Congo by 2015. However, the study indicates that there is a significant gender gap throughout the country as regards the gross primary school enrolment rate, to the detriment of girls, who are more likely than boys to repeat the school year. In this regard, the study indicates that it is highly likely that the country will not achieve gender parity by 2015.

In its report on Convention No. 138, the Government states that it is aware that the national school enrolment rate is low, namely about 40 per cent of all children of school age. With this in mind, it adopted Order No. 082 of 15 May 2006, which defines priorities for the area of education. The Government also points out that the continuing existence of areas of insecurity hampers the education of children, not only because families, and therefore children, are constantly moving, but also because educational infrastructure has been destroyed as a result of the fighting between the armed groups, as was the case in 2005 in North Katanga, Ituri, Beni and North Kivu. With the help of UNICEF and the United Nations Office for the Coordination of Humanitarian Affairs, assistance is being given to schools which have suffered damage. Furthermore, in the context of the EFA goals, the country has set up a number of projects, including those designed to boost the education sector (PARSEC and PASE). The Committee duly notes the measures taken by the Government. However, it expresses its concern at the low rate of primary school enrolment and the high rate of pupils repeating a school year, with girls particularly affected by both. In view of the fact that education contributes to preventing children from being engaged in the worst forms of child labour, the Committee urges the Government to intensify its efforts to improve the functioning of the education system in the country. In this regard, it requests the Government to supply information on the measures taken in the context of the PARSEC and PASE projects to increase the school enrolment rate, both at primary and secondary level, and to reduce the numbers of pupils repeating a school year, giving particular attention to girls.

Clause (d). Children at special risk. 1. Street children. In its previous comments, the Committee noted that the Committee on the Rights of the Child, in its concluding observations on the Government’s initial report of July 2001 (CRC/C/15/Add.152, paragraphs 70 and 71), expressed its concern at the high number and difficult situation of children living in or working on the streets. It asked the Government to provide information on the measures taken or contemplated, particularly as regards providing protection for children living on the streets from the worst forms of child labour, and their rehabilitation and social integration. The Committee notes that the Government has not supplied any information on this matter. However, it notes that one of the responsibilities of the National Committee to Combat the Worst Forms of Child Labour is to draw up national action programmes designed, among other things, to give special attention to vulnerable children. The Committee hopes that once the National Committee to Combat the Worst Forms of Child Labour is operational, it will give its attention to the issue of street children. It requests the Government to supply information on all measures taken by the Committee to protect these children from the worst forms of child labour and to ensure their rehabilitation and social reintegration.

2. Children orphaned as a result of HIV/AIDS. The Committee previously noted that, according to the information contained in the 2004 Epidemiological Fact Sheet of the Joint United Nations Programme on HIV/AIDS (UNAIDS) and the World Health Organization (WHO), some 770,000 children are orphans as a result of HIV/AIDS in the Democratic Republic of the Congo. While noting that the Democratic Republic of the Congo is participating in the World Bank programme on HIV/AIDS covering a number of countries in order to implement a national strategy for controlling the epidemic, the Committee expressed concern at the very high number of children who are affected by HIV/AIDS. It requested the Government to supply information on the specific time-bound measures adopted to improve the situation of these children.

The Committee duly notes the detailed information supplied by the Government on the measures it has taken in order to reduce the incidence of HIV/AIDS in the country, particularly the implementation of the National Programme on Reproductive Health (PNSR). It notes the Government’s report on monitoring the implementation of the UNGASS Declaration of Commitment on HIV/AIDS of 31 January 2008. The Committee notes that, according to this report, measures are being taken to take account of the needs of orphans and children made vulnerable as a result of HIV/AIDS. Recalling that one of the consequences of HIV/AIDS for orphans is that they are at greater risk of becoming involved in the worst forms of child labour, the Committee requests the Government to supply information on the measures taken in the context of the implementation of the UNGASS Declaration of Commitment on HIV/AIDS to protect children who have been orphaned or left vulnerable as a result of HIV/AIDS from the worst forms of child labour.

Article 8. International cooperation and assistance. The Committee noted that, according to World Bank information, the Government was preparing a Poverty Reduction Strategy Paper (PRSP). In this regard, the Committee notes the Government’s indication that the PRSP has indeed been prepared and that a five‑year programme of action will be implemented. It will supply information in this regard. Recalling that poverty reduction programmes contribute to breaking the circle of poverty, which is essential for the elimination of the worst forms of child labour, the Committee requests the Government to provide information on any significant impact of the programme of action for the implementation of the PRSP on the elimination of the worst forms of child labour.

Parts IV and V of the report form. Application of the Convention in practice. With reference to its previous comments, the Committee notes the Government’s statement to the effect that no statistical information is available on the number of children who are victims of the worst forms of child labour. The Committee therefore once again hopes that the Government will be in a position to provide statistics and information in its next report on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of offences reported, investigations, prosecutions, convictions and penalties imposed. As far as possible, all information provided should be disaggregated by sex.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the Government’s report. It also notes the detailed discussion held in the Committee on the Application of Standards during the 98th Session of the International Labour Conference in June 2009.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or similar practices. 1. Sale and trafficking of children for sexual exploitation. Further to its previous comments, the Committee notes that section 174(j) of Act No. 06/018 of 20 July 2006, amending and supplementing the Decree of 30 January 1940 issuing the Congolese Penal Code, provides that any act or transaction relating to the trafficking or exploitation of children or any other person for sexual purposes in return for remuneration or any other benefit shall be punished by penal sanction ranging from ten to 20 years. It also notes that Act No. 9/001 of 10 January 2009 respecting the protection of children establishes a penalty of from ten to 20 years of penal servitude for both the sale and trafficking of children (section 162), and for the sexual slavery of a child (section 183). Nevertheless, the Committee observes that the Government’s report does not provide information on the application in practice of the legislation respecting the sale and trafficking of children for sexual exploitation. It further notes that, in its concluding observations of 10 February 2009, the Committee on the Rights of the Child (CRC/C/COD/CO/2, paragraph 10), while welcoming the adoption of Act No. 09/001 of 10 January 2009, expressed concern that the enacted laws are not always followed by the issuance of appropriate decrees for implementation, that law enforcement mechanisms are weak and that no activities have been carried out to raise awareness of these laws which are, consequently, not applied or implemented. Furthermore, the Committee notes that, in its conclusions, the Committee on the Application of Standards noted that, although the law prohibited the trafficking of children for labour or sexual exploitation, it remained an issue of serious concern in practice and, accordingly, called on the Government to take immediate and effective measures to eliminate the trafficking of children under 18 in practice. The Committee joins the Committee on the Application of Standards in urging the Government to renew its efforts and to take immediate and effective measures to ensure the elimination of the sale and trafficking of children under 18 years of age for sexual exploitation, thereby ensuring the application in practice to section 147(j) of the Penal Code and Act No. 09/001 of 10 January 2009. In this respect, it once again requests the Government to provide statistics on the number and nature of the infringements reported, investigations, prosecutions, convictions and penalties imposed under the above legal texts.

2. Forced recruitment of children for use in armed conflict. In its previous comments, the Committee noted that article 184 of the transitional Constitution provides that no one shall be recruited into the armed forces of the Democratic Republic of the Congo or take part in war or hostilities unless they have reached the age of 18 years at the time of recruitment. It also noted that the Government had adopted Legislative Decree No. 066 of 9 June 2000 concerning the demobilization and reintegration of vulnerable groups present within the fighting forces. The Committee further noted that, according to the two reports of the United Nations Secretary-General on children and armed conflict in the Democratic Republic of the Congo of 28 June 2007 (S/2007/391) and on children and armed conflict of 21 December 2007 (A/62/609–S/2007/757), the number of children recruited by the armed groups and armed forces had fallen by 8 per cent, which can be attributed in particular to the progress made in the implementation of the National Programme for the Disarmament, Demobilization and Reintegration of Children, the integration of the army, the reduction in the number of combat zones and the action taken by child protection networks against the recruitment of children.

The Committee takes due note of the fact that Act No. 09/001 of 10 January 2009, provides in section 87 for a penalty of penal servitude of from ten to 20 years for the enrolment or use of children under 18 years of age in armed forces and groups and the police. However, the Committee notes the Government’s indication that, despite the progress achieved in the suppression of the enrolment of children, the persistence of combat areas is increasing the risk of enrolment. According to the Government’s report, this is occurring in Ituri and in the two Kivu provinces, where recent cases of the abduction of children have been reported.

The Committee also notes the report of the United Nations Secretary-General on children and armed conflict in the Democratic Republic of the Congo of 9 July 2010 (S/2010/369, paragraphs 17–41), for which the period covered extends from October 2008 to December 2009. According to this report, 1,593 cases of the recruitment of children (1,519 boys and 74 girls) were reported over the period under consideration, including 1,235 in 2009, which is a slight fall in relation to 2008 (1,522 cases reported). Nevertheless, the Committee observes that the Armed Forces of the Democratic Republic of the Congo (FARDC) appear to have the largest number of children in their ranks. Indeed, according to the report of the Secretary-General, 42 per cent of the total number of cases of recruitment reported have been attributed to the FARDC, and 594 new cases of the recruitment of children have been identified in their ranks by the United Nations Organization Mission in the Democratic Republic of the Congo (MONUC), principally in the eastern region. The report reveals the existence of evidence confirming that hundreds of children associated with armed groups have been integrated into the FARDC without being concealed or hidden by their commander, particularly in North Kivu, where accelerated integration operations for armed groups into the national Congolese army have been undertaken in the absence of any coordination with institutions for the protection of children or supervision by these institutions. Accordingly, the number of children present in the ranks of the FARDC is reported to have increased spectacularly in 2009 due to the children present in the units that have been integrated, who represent 78 per cent of the cases of the recruitment of children in the FARDC. The Committee notes from the report of the Secretary-General that children recently integrated into the FARDC have been transferred to regions that are distant from their place of recruitment to participate in the “Kimia II” operation (a joint FARDC–MONUC operation) or in military operations in Haut-Uélé. Furthermore, the Presidential Guard is reported to have recruited at least 35 children before and during deployment in Haut-Uélé. With regard to the geographical location of this phenomenon, the Committee notes the information contained in the report of the Secretary-General indicating that the province of North Kivu has the great majority of cases reported in 2009 (82 per cent). Cases have also been identified in North Katanga and in the two Kasaï provinces, where no cases had been reported in 2008. According to the report, the use of child recruitment in areas not affected by the conflict may principally be explained by the high recruitment quotas imposed on FARDC commanders.

The Committee also notes with concern that, according to the report of the Secretary-General, the number of incidents involving the killing and maiming of children has increased, mainly in zones of military operations. The majority of the incidents reported are attributed to the Lords’ Resistance Army (LRA). However, nine cases of murders and 11 cases of maiming have also been attributed to elements of the FARDC. Furthermore, according to the Secretary-General, sexual violence against children continues to be a subject of serious concern. A significant increase in the number of abductions of children has also been observed over the period covered by the report. These are principally carried out by the LRA, although seven cases of the abduction of children by FARDC brigades have also been reported. The abducted children state that they were mainly used for combat, forced labour or were subject to sexual abuse.

The Committee observes that the Committee on the Rights of the Child in its concluding observations of 10 February 2009 (CRC/C/COD/CO/2, paragraph 67), expressed grave concern that the State, through its armed forces, bears direct responsibility for violations of the rights of the child and that it had failed to protect children and prevent such violations. The Committee of Experts also notes the observation by the Committee on the Rights of the Child that children have been arrested, detained and tried in military courts for military offences and other crimes allegedly committed while they were in the armed forces or groups, instead of being treated as victims (CRC/C/COD/CO/2, paragraph 72).

The Committee observes that, despite the adoption of Legislative Decree No. 066 of 9 June 2000 concerning the demobilization and reintegration of vulnerable groups present within the fighting forces, and of Act No. 09/001 of 10 January 2009, which prohibits the enrolment and use of children under 18 years of age in armed forces and groups and the police, children continue to be recruited and forced to join rebel armed groups and the regular armed forces of the Democratic Republic of the Congo. The Committee expresses deep concern at the persistence of this practice and the increase in the number of children recruited by the FARDC. It also once again expresses its grave concern at the practice of the detention of children for presumed association with armed groups and their judgement by military tribunals, which constitutes a flagrant violation of international standards. The Committee urges the Government to take immediate and effective measures as a matter of urgency to ensure that children under 18 years of age are not forcibly recruited into the ranks of the armed forces of the Democratic Republic of the Congo and requests it to provide information on the measures taken in this regard. With reference to Security Council Resolution No. 1906 of 23 December 2009, in which it “demands that all armed groups immediately stop recruiting and using children and release all children associated with them”, the Committee urges the Government to take immediate and effective measures to ensure that thorough investigations and robust prosecutions of any persons, including officers in the regular armed forces, who forcibly recruit children under 18 years of age for use in armed conflict, are carried out and that sufficiently effective and dissuasive penalties are applied to them in practice, in accordance with Act No. 09/001 of 10 January 2009. It requests it to provide information on the number of investigations conducted, prosecutions and convictions against such persons.

Article 3(d). Hazardous work. Mines. In its previous comments, the Committee noted the comments by the Confederation of Trade Unions of the Congo according to which young persons under 18 years of age are employed in mineral quarries in the provinces of Katanga and East Kasai. It noted that the United Nations Special Rapporteur, in her report of April 2003 on the situation of human rights in the Democratic Republic of the Congo (E/CN.4/2003/43, paragraph 59), noted that military units are recruiting children for forced labour, especially for the extraction of natural resources. The Committee observes that, although the legislation is in conformity with the Convention on this point, child labour in mines is a problem in practice and it therefore requested the Government to supply information on the measures which will be taken by the labour inspectorate to prohibit hazardous work by children in mines and to provide information on the effective application of the legislation on the protection of children in practice against hazardous work in mines.

The Committee notes that the Government’s report does not provide information on this subject. It observes that, in the context of the Conference Committee on the Application of Standards, the Worker member of the Democratic Republic of the Congo indicated that the labour inspectorate is not effective in view of the lack of staff and resources, and that it does not therefore have the capacity to address the problem of children working in mines. The Committee joins the Committee on the Application of Standards in urging the Government to take the necessary measures to reinforce the capacities of the labour inspectorate with a view to ensuring that children under 18 years of age engaged in hazardous types of work in mines benefit from the protection afforded by the national legislation. In this respect, it once again requests the Government to provide information on the application of provisions concerning this worst form of child labour, particularly through the communication of statistics on the number and nature of the offences reported and the penalties imposed.

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. Sale and trafficking of children for sexual exploitation. The Committee noted previously that the Government has established a multi-sectoral cooperation and action framework to prevent and respond to violence inflicted upon women, young persons and children, and that this framework includes the ministries responsible for human rights, women and the family and for social affairs, United Nations agencies, including UNICEF and UNDP, as well as NGOs. The action taken in this context includes the adoption of laws on sexual violence, awareness raising so that victims report their aggressors, psychological and social support for victims, medical treatment through the creation or reinforcement of health centre facilities to provide suitable care for victims, and legal support through the creation of legal advice centres. The Committee requested the Government to provide information on the impact of these measures. Noting the absence of information in the Government’s report on this subject, the Committee once again asks the Government to provide concrete information on the number of child victims of sale and trafficking for sexual exploitation who have in practice been removed from this worst form of child labour and on the specific measures adopted to ensure their rehabilitation and social integration.

2. Child soldiers. In its previous comments, the Committee noted that the operational framework for children associated with armed forces and groups envisaged by the National Programme for Disarmament, Demobilization and Reintegration had been launched in May 2004, and that around 30,000 children, including those who had been released before the adoption of the operational framework, were separated from the armed forces and groups between 2003 and December 2006. The Committee however noted that the issue of registering girls and removing them from the armed forces is a sensitive matter. The fear of being socially excluded if they are found to have been associated with armed forces or groups means that girls prefer to return discreetly to civilian life. The Committee also noted that programmes for the economic reintegration of children are hampered by the lack of possibilities available to improve their economic situation and the financial problems arising from a lack of long-term support mechanisms under the Programme. As a result, the children are at risk of being
re-enlisted in the armed forces or groups. With regard to measures for psychological rehabilitation, the Government also acknowledged that the transitional support structures are deficient.

The Committee notes that, according to the report of the United Nations Secretary-General on children and armed conflict in the Democratic Republic of the Congo of 9 July 2010 (S/2010/369, paragraphs 30 and 51–58), the number of children released in 2009 more than tripled in comparison with 2008, particularly in the province of North Kivu. Between October 2008 and the end of 2009, some 3,180 children (3,004 boys and 176 girls) left the ranks of the armed forces and groups or fled and were admitted to reintegration programmes. However, the Committee notes with concern the information provided in the report of the Secretary-General according to which on many occasions the FARDC has refused access to the camps to child protection institutions seeking to verify the presence of children in their units and that the commanders refuse to release children.

The Committee also observes that there are many obstacles to effective reintegration, such as the constant insecurity and the continued presence of former recruiters in the same region. According to the report of the Secretary-General, family reunion activities were suspended in certain regions of North Kivu during the course of 2009 in view of the high risk of re-engagement and the intimidation of children formerly associated with the armed forces and groups. The Committee also notes that the Committee on the Rights of the Child, in its concluding observations of 10 February 2009 (CRC/C/COD/CO/2, paragraph 72), expresses concern at the fact that several thousands of child victims recruited or used in hostilities have not been provided with measures for recovery and integration and that certain of these children have been re-recruited in the absence of alternatives and assistance for demobilization. According to the report of the Secretary‑General, girls associated with the armed forces and groups (around 15 per cent of the total number of children) rarely have access to reintegration programmes. Indeed, only 7 per cent of them benefit from assistance through national disarmament, demobilization and reinsertion programmes. The Committee notes the information provided by the Government to the effect that the structure of the unit for the implementation of the Programme for Disarmament, Demobilization and Reintegration needs to be strengthened. The Committee urges the Government to redouble its efforts and to take effective and time-bound measures to reinforce the National Programme for Disarmament, Demobilization and Reintegration with a view to continuing to remove children from armed groups and forces and ensuring their rehabilitation and social integration, paying special attention to girls. In this respect, it requests the Government to provide information on the results achieved in terms of the number of children who have benefited from social and economic reintegration measures.

3. Children who work in mines. The Committee notes the Government’s reply to the Conference Committee on the Application of Standards indicating that several projects for the prevention of child labour in mines and the reintegration of these children through education are being implemented. It notes the information provided in the Government’s report according to which these projects are intended to cover a total of 12,000 children, of whom 4,000 are to be covered by prevention measures and 8,000 removed with a view to their reintegration through vocational training. With reference to the conclusions of the Committee on the Application of Standards, the Committee requests the Government to provide detailed information in its next report on the specific measures adopted in the context of these projects to prevent children under 18 years of age from working in mines and 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. In this respect, it requests the Government to provide information on the number of children who are in practice removed from these worst forms of child labour and who have benefited from reintegration measures through vocational training.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 3 of the Convention. Worst forms of child labour. In its previous comments, the Committee requested the Government to indicate whether the term “child” used in section 3 of the Labour Code refers to all young persons under 18 years of age. In this regard, it notes the Government’s statement that, under article 41 of the Constitution of the Democratic Republic of the Congo, the term “minor” means an individual of either sex who is under 18 years of age.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee previously noted that section 3(1) and (2) of the Labour Code provides for the abolition of the worst forms of child labour, including the use, procuring or offering of a child for illicit activities. It also noted the Government’s indication that the production and trafficking of drugs are considered to be illicit and are severely penalized by the Penal Code. However, the Committee noted that the text of the Penal Code available to the Office, as updated up to 30 November 2004, does not contain any provisions in this respect and requested the Government to indicate whether the national legislation contains any provisions prohibiting this worst form of child labour. It notes that the Government’s report does not contain any information on this matter. The Committee therefore requests the Government once again to indicate whether the national legislation contains other provisions prohibiting the use, procuring or offering of young persons under 18 years of age for, among other activities, the production, trafficking or sale of drugs and controlled substances.

Article 4, paragraphs 1 and 3. Determination and revision of the list of types of hazardous work.  Further to its previous comments, the Committee notes with interest the adoption of Ministerial Order No. 12/CAB.MIN/TPS/045/08 of 8 August 2008 determining the working conditions of children (Ministerial Order of 8 August 2008), which prohibits the employment of young persons under 18 years of age (section 1) and contains a detailed list of types of hazardous work which are prohibited for young persons under 18 years of age (sections 9–15).

Article 6. Programmes of action. With reference to its previous comments, the Committee notes the information supplied by the Government to the effect that section 2(2) of Ministerial Order No. 12/MIN/TPS/AR/34/2006 of 10 June 2006 states that the National Committee for Combating the Worst Forms of Child Labour is responsible for drawing up national action programmes for identifying and reporting child labour and the worst forms thereof, preventing children from engaging in the worst forms of child labour and removing them from such labour if necessary, providing for their rehabilitation and social integration and giving particular attention to vulnerable children. It also notes that the Ministry of Employment, Labour and Social Welfare is responsible for ensuring that the National Committee for Combating the Worst Forms of Child Labour becomes operational. Once it is operational, the Committee will draw up a national strategy on the abolition of child labour and the worst forms thereof. The Committee hopes that the National Committee for Combating the Worst Forms of Child Labour will become operational in the near future and that it will be in a position to draw up a national strategy and action programmes for the elimination of the worst forms of child labour. It requests the Government to supply information on all progress made in this regard and send a copy of the texts of the national strategy and action programmes once they have been drawn up.

Article 7, paragraph 1. Penalties. The Committee noted previously that section 326 of the Labour Code establishes penalties for violations of the provisions of section 2 of the Labour Code concerning forced labour and section 3 on the worst forms of child labour. However, it noted that the penalties laid down in section 326 of the Labour Code concerning crimes as serious as forced labour and the trafficking of children for prostitution, pornography or illicit activities are not a sufficient deterrent. In this regard, the Government states that anyone committing the offences stated in section 326 of the Labour Code is liable to a maximum of six month’s imprisonment with hard labour or a fine of 30,000 Congolese francs (CDF) or both, without prejudice to harsher penalties applicable under criminal law. However, the Committee notes that the Government has not provided any information on the penalties imposed by criminal law. It reminds the Government that the offences covered by section 326 of the Labour Code are serious crimes and that under Article 7, paragraph 1, of the Convention the Government is required to take all necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including the provision and application of sufficiently effective and deterrent penal sanctions. The Committee therefore requests the Government to supply information on the penalties imposed by criminal law and to supply a copy of the relevant provisions. It also requests the Government to provide information on the enforcement of these penalties in practice.

Article 7, paragraph 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 noted that the Committee on the Rights of the Child, in its concluding observations in July 2001 (CRC/C/15/Add.152, paragraphs 66 and 67), expressed its continuing concern at the low school enrolment rate for girls, their high drop-out rate, and also the high female illiteracy rate, especially in rural areas.

The Committee notes that, according to the 2008 global monitoring report on “Education for All” (EFA) published by UNESCO, entitled Education for All by 2015: Will we make it?, owing to a lack of data, particularly because of the ongoing conflict in the country, it has been impossible to make any projections regarding achievement of the EFA programme targets by the Democratic Republic of the Congo by 2015. However, the study indicates that there is a significant gender gap throughout the country as regards the gross primary school enrolment rate, to the detriment of girls, who are more likely than boys to repeat the school year. In this regard, the study indicates that it is highly likely that the country will not achieve gender parity by 2015.

In its report on Convention No. 138, the Government states that it is aware that the national school enrolment rate is low, namely about 40 per cent of all children of school age. With this in mind, it adopted Order No. 082 of 15 May 2006, which defines priorities for the area of education. The Government also points out that the continuing existence of areas of insecurity hampers the education of children, not only because families, and therefore children, are constantly moving but also because educational infrastructure has been destroyed as a result of the fighting between the armed groups, as was the case in 2005 in North Katanga, Ituri, Beni and North Kivu. With the help of UNICEF and the United Nations Office for the Coordination of Humanitarian Affairs, assistance is being given to schools which have suffered damage. Furthermore, in the context of the EFA goals, the country has set up a number of projects, including those designed to boost the education sector (PARSEC and PASE). The Committee duly notes the measures taken by the Government. However, it expresses its concern at the low rate of primary school enrolment and the high rate of pupils repeating a school year, with girls particularly affected by both. In view of the fact that education contributes to preventing children from being engaged in the worst forms of child labour, the Committee urges the Government to intensify its efforts to improve the functioning of the education system in the country. In this regard, it requests the Government to supply information on the measures taken in the context of the PARSEC and PASE projects to increase the school enrolment rate, both at primary and secondary level, and to reduce the numbers of pupils repeating a school year, giving particular attention to girls.

Clause (d). Children at special risk. 1. Street Children. In its previous comments, the Committee noted that the Committee on the Rights of the Child, in its concluding observations on the Government’s initial report of July 2001 (CRC/C/15/Add.152, paragraphs 70 and 71), expressed its concern at the high number and difficult situation of children living in or working on the streets. It asked the Government to provide information on the measures taken or contemplated, particularly as regards providing protection for children living on the streets from the worst forms of child labour, and their rehabilitation and social integration. The Committee notes that the Government has not supplied any information on this matter. However, it notes that one of the responsibilities of the National Committee for Combating the Worst Forms of Child Labour is to draw up national action programmes designed, among other things, to give special attention to vulnerable children. The Committee hopes that once the National Committee for Combating the Worst Forms of Child Labour is operational, it will give its attention to the issue of street children. It requests the Government to supply information on all measures taken by the Committee to protect these children from the worst forms of child labour and ensure their rehabilitation and social reintegration.

2. Children orphaned as a result of HIV/AIDS. The Committee previously noted that, according to the information contained in the 2004 Epidemiological Fact sheet of the Joint United Nations Programme on HIV/AIDS (UNAIDS) and the World Health Organization (WHO), some 770,000 children are orphans as a result of HIV/AIDS in the Democratic Republic of the Congo. While noting that the Democratic Republic of the Congo is participating in the World Bank programme on HIV/AIDS covering a number of countries in order to implement a national strategy for controlling the epidemic, the Committee expressed concern at the very high number of children who are affected by HIV/AIDS. It requested the Government to supply information on specific time-bound measures adopted to improve the situation of these children.

The Committee duly notes the detailed information supplied by the Government on the measures it has taken in order to reduce the incidence of HIV/AIDS in the country, particularly the implementation of the national programme on reproductive health (PNSR). It notes the Government’s report on monitoring the implementation of the UNGASS Declaration of Commitment on HIV/AIDS of 31 January 2008. The Committee notes that, according to this report, measures are being taken to take account of the needs of orphans and children made vulnerable as a result of HIV/AIDS. Recalling that one of the consequences of HIV/AIDS for orphans is that they are at greater risk of becoming involved in the worst forms of child labour, the Committee requests the Government to supply information on the measures taken in the context of the implementation of the UNGASS Declaration of Commitment on HIV/AIDS to protect children who have been orphaned or left vulnerable as a result of HIV/AIDS from the worst forms of child labour.

Article 8. International cooperation and assistance. The Committee noted that, according to World Bank information, the Government was preparing a Poverty Reduction Strategy Paper (PRSP). In this regard, the Committee notes the Government’s indication that the PRSP has indeed been prepared and that a five‑year programme of action will be implemented. It will supply information in this regard. Recalling that poverty reduction programmes contribute to breaking the circle of poverty, which is essential for the elimination of the worst forms of child labour, the Committee requests the Government to provide information on any significant impact of the programme of action for implementing the PRSP on the elimination of the worst forms of child labour.

Parts IV and V of the report form. Application of the Convention in practice. With reference to its previous comments, the Committee notes the Government’s statement to the effect that no statistical information is available on the number of children who are victims of the worst forms of child labour. The Committee therefore hopes once again that the Government will be in a position to provide statistics and information in its next report on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of offences reported, investigations, prosecutions, convictions and penalties imposed. As far as possible, all information provided should be disaggregated by sex.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or similar practices. 1. Sale and trafficking of children for sexual exploitation. In its previous comments, the Committee noted that the Committee on the Rights of the Child, in its concluding observations of July 2001 (CRC/C/15/Add.153, paragraphs 68 and 69), expressed grave concern at the information concerning the sale, trafficking, abduction and exploitation for pornography of young girls and boys in the country or from the country to another country. It considered that it was a matter of great concern that the national legislation does not sufficiently protect children from trafficking and recommended that the Government adopt appropriate legislation and penalize persons responsible for such practices. The Committee noted that section 67 of the Penal Code prohibits the forcible abduction, arrest or detention of any person. Furthermore, section 68 of the Penal Code prohibits the abduction, arrest or detention of any person for sale as a slave or the use of persons placed under one’s authority for the same purpose. The Committee observed that the provisions of the Penal Code penalizing the sale and trafficking of children for sexual exploitation are not adequate, in view of the scale of the phenomenon in the country, and asked the Government to take the necessary measures to prohibit and penalize this worst form of child labour.

The Committee notes the information supplied by the Government to the effect that article 16(3) and (4) of the Constitution of the Democratic Republic of the Congo of 18 February 2006 states that no person may be kept in slavery or in similar conditions; no person may be subjected to cruel, inhuman or degrading treatment; and no person may be subjected to forced or compulsory labour. The Committee notes with interest the Government’s statement to the effect that section 174j of the Penal Code, incorporated in the Code in July 2006, states that any person committing an act or transaction relating to the trafficking or sexual exploitation of children or any other person, in return for remuneration or any other benefit, shall be liable to penal servitude ranging from ten to 20 years. Moreover, the Committee notes the Government’s statement that Act No. 06/18 strengthens the measures to penalize rape and introduces new provisions with regard to other offences, including enticing minors into debauchery or forced prostitution, trafficking and sexual exploitation of children, and pornography. The Committee requests the Government to supply a copy of section 174j of the Penal Code and Act No. 06/18. It also requests the Government to provide information on the application of section 174j of the Penal Code and Act No. 06/18 in practice, including, in particular, statistics on the number and nature of infringements reported, investigations, prosecutions, convictions and penalties imposed.

2. Forced recruitment of children for use in armed conflict. The Committee noted that article 184 of the Transitional Constitution provides that no one shall be recruited into the armed forces of the Democratic Republic of the Congo or take part in war or hostilities unless they have reached the age of 18 years at the time of recruitment. It also noted that the Government adopted Legislative Decree No. 066 of 9 June 2000 concerning the demobilization and reintegration of vulnerable groups present within the fighting forces (Legislative Decree No. 066). The Committee also noted that, according to the report of the United Nations Secretary-General on children and armed conflict of 9 February 2005 (A/59/695-S/2005/72, paragraphs 15–22), even though positive steps have been taken, including the integration of several armed groups into the Forces armées de la République démocratique du Congo (FARDC), the new national army, these various military units were still not fully integrated and, in many cases, they were only theoretically part of the FARDC and some of them continued to use children. According to the report, despite a certain amount of progress, thousands of children remained in the country’s armed forces and armed groups, and recruitment, albeit not systematic, was continuing.

The Committee notes the United Nations Secretary-General’s report of 28 June 2007 on children and armed conflict in the Democratic Republic of the Congo (S/2007/391), which covers the period from June 2006 to May 2007. It also notes the United Nations Secretary-General’s report of 21 December 2007 on children and armed conflict (A/62/609-S/2007/757, paragraphs 6–9 and 38–45), which covers the period from October 2006 to August 2007. According to these reports, the number of children recruited by the armed groups and armed forces has fallen by 8 per cent, which can be attributed in particular to the progress made in the implementation of the programme for the disarmament, demobilization and reintegration of children, the integration of the army, the reduction in the number of combat zones and the action taken by child protection networks against the recruitment of children. However, the parties to the conflict continue to abduct, recruit and use children. The number of children in the FARDC-integrated and non-integrated brigades remains high, particularly in the Ituri region and the two Kivu provinces.

According to the reports of the United Nations Secretary-General, recruitment of children was intensified in North Kivu, and also in Rwanda and Uganda, prior to and throughout the mixage (integration) process, which appears to be linked to the strategy of commanders loyal to Laurent Nkunda to increase the number of troops to be integrated and strengthen the forces before engaging in combat operations against the Forces démocratiques de libération du Rwanda (FDLR) and the Mai-Mai in North Kivu. Children who fled or were released indicated that recruitment was continuing actively in the returnee settlements of Buhambwe, Masisi territory, the Kiziba and Byumba refugee camps in Rwanda, the towns of Byumba and Mutura in Rwanda and the town of Bunagana on the border between the Democratic Republic of the Congo and Uganda. Mai-Mai groups still active in North Kivu were alleged still to be recruiting children, including girls.

The Committee notes that, according to the two 2007 reports of the Secretary-General, the number of abductions reported in the region of Ituri and the provinces of North and South Kivu remains high. The abducted children have been recruited by armed groups in 30 per cent of cases, been victims of rape in 13 per cent of cases, and subjected to forced labour (carrying the equipment of armed elements during troop redeployments) in 2 per cent of cases. Furthermore, in 17 per cent of cases, the victims were children previously associated with armed groups whom the FARDC arrested in order to make them provide information on the groups or extort money from their families. Moreover, even though there has been a reduction in the number of injuries or murders involving children, children continue to be victims of the fighting. Despite the adoption of two laws against sexual violence on 20 July 2006, the number of incidents of rape and other sexual violence against children remains extremely high. Furthermore, the Secretary-General indicates that children have been detained for alleged association with armed groups, in violation of international standards, and are subjected to mistreatment and torture and deprived of food.

The Committee notes the information supplied by the Government to the effect that it is giving its fullest attention to the forced recruitment of children for use in armed conflict and is doing its utmost to stop them being enlisted. In order to enforce the applicable legislation, the Government is taking steps, in cooperation with the International Criminal Court, to prosecute Mr Thomas Lubanga, a warlord operating in Ituri. In addition, proceedings have also been instituted at the Auditorat militaire (military prosecutor’s office) of Lubumbashi garrison in Katanga province against Mr Kyungu Mutanga, warlord of the Mai-Mai “negative forces” of North Katanga, who is facing the same charges. As regards the national armed forces, the FARDC central command issued an explicit instruction in May 2005 to all commanders not to recruit children under 18 years of age and that anyone failing to comply would face severe penalties. The FARDC chief military prosecutor subsequently instructed all garrison prosecutors to prosecute any individual violating the law or military orders. On this basis, the military tribunal of Bukavu garrison convicted Major Biyoyo of the former Mudundu movement on 17 March 2006 for insurrection, desertion abroad and the arbitrary arrest and illegal detention of children in South Kivu in April 2004. However, the Government recognizes that, despite the progress made in the penalization of child recruitment, the continued fighting in certain areas increases the risk of children being enlisted. This has been the case in Ituri and the provinces of North and South Kivu, where the abduction of some 30 children, including girls, has been reported.

The Committee notes that the Government has adopted certain measures to end the impunity which has been enjoyed by perpetrators of the forced recruitment of children for use in armed conflict, particularly on an international scale, through its collaboration with the International Criminal Court for instituting legal proceedings against Mr Thomas Lubanga, and on a national scale, through the legal proceedings instituted against Mr Kyungu Mutanga. However, the Committee notes that, despite these measures taken by the Government, children are still being recruited and forced to join illegal armed groups or the armed forces. It expresses its profound concern with regard to the persistence of this practice, especially as it leads to other violations of the rights of children, in the form of abductions, murders and sexual violence. It also voices its concern with regard to the detention of children for presumed association with armed groups, in violation of international standards. The Committee urges the Government to intensify its efforts to improve the situation and to adopt, as a matter or urgency, immediate and effective measures to put a stop in practice to the forced recruitment of children under 18 years of age by armed groups and the armed forces, particularly in Ituri, North Kivu and South Kivu, and to supply information on any new measure taken to this end. With reference to Security Council resolution No. 1612 of 26 July 2005, which recalls “the responsibilities of States to end impunity and to prosecute those responsible for genocide, crimes against humanity, war crimes and other egregious crimes perpetrated against children”, the Committee urges the Government to take measures to ensure that sufficiently effective and deterrent penalties are imposed on persons found guilty of recruiting or using children under 18 years of age for the purposes of armed conflict. It requests the Government to supply information in this regard. Finally, the Committee requests the Government to send a copy of Legislative Decree No. 066 of 9 June 2000 concerning the demobilization and reintegration of vulnerable groups present in the fighting forces.

Clause (d). Hazardous work. Mines. In its previous comments, the Committee noted the observations from the Confederation of Trade Unions of the Congo to the effect that young persons under 18 years of age are employed in mineral quarries in the provinces of Katanga and East Kasäi. The Committee also noted that the United Nations Special Rapporteur, in her report of April 2003 on the situation of human rights in the Democratic Republic of the Congo (E/CN.4/2003/43, paragraph 59), noted that military units are recruiting children for forced labour, especially for the extraction of natural resources. The Special Rapporteur added that non-governmental organizations (NGOs) in South Kivu had informed her of children being recruited by armed groups to work in mines. The Committee further noted that, under section 32 of Ministerial Order No. 68/13 of 17 May 1968 determining the conditions of work of women and children (Order No. 68/13), the extraction of minerals, shale, materials and debris from mines, open-cast mines and quarries, and also earthworks, are prohibited for young persons under 18 years of age. The Committee noted that section 326 of the Labour Code establishes penalties for violations of the provisions of Article 3, paragraph 2(d), relating to hazardous work. The Committee observed that, although the legislation is in conformity with the Convention on this point, child labour in mines is a problem in practice.

The Committee notes the Government’s statement confirming the allegations made by the Confederation of Trade Unions of the Congo on the exploitation of young persons under 18 years of age in mineral quarries in the provinces of Katanga and East Kasai. It also notes that section 13(13) of the recently adopted Ministerial Order No. 12/CAB.MIN/TPS/045/08 of 8 August 2008 determining the working conditions of children prohibits the employment of young persons under 18 years of age in work performed underground, under water, at dangerous heights or in confined spaces. Moreover, the Committee notes the Government’s indication that measures will be taken by the Committee for the Elimination of Child Labour and also by the labour inspectorate. The Committee requests the Government to supply information on the measures which will be taken by the Committee for the Elimination of Child Labour and by the labour inspectorate to prohibit hazardous work for children in mines. It also requests the Government to provide information on the effective application of the legislation on the protection of children in practice against hazardous work in mines, including, for example, statistics on the number and nature of offences reported, investigations, prosecutions, convictions and penalties imposed.

Article 7, paragraph 2. Effective and time-bound measures. Clause (b). Removal of children from the worst forms of child labour and ensuring their rehabilitation and social integration. 1. Sale and trafficking of children for sexual exploitation.  The Committee noted that the Committee on the Rights of the Child, in its concluding observations of July 2001 (CRC/C/15/Add.153, paragraph 69), recommended that the Government provide the police force and border guards with special training to help in combating the sale, trafficking and sexual exploitation of children, and establish programmes to provide assistance, including rehabilitation and social reintegration, to the child victims of sexual exploitation.

The Government states in its report that it has established a multi-sectoral cooperation and action framework to prevent and respond to violence inflicted on women, young persons and children, a framework which includes the ministries responsible for human rights, women and the family, and social affairs, United Nations agencies, including the United Nations Children’s Fund (UNICEF) and the United Nations Development Programme (UNDP), and also NGOs. Action taken within this framework includes the adoption of laws on sexual violence, awareness raising so that victims report their aggressors, psychological and social support for victims, medical support through the creation or reinforcement of health centre facilities to provide suitable care for victims, and legal support through the setting up of legal advice centres. The Committee notes the measures taken by the Government to remove children from sale and trafficking for sexual exploitation and to ensure their rehabilitation and social integration. It requests the Government to intensify its efforts and supply information in its next report on the number of children who have actually been removed from this worst form of child labour and on specific measures which have been adopted to ensure the rehabilitation and social integration of these children.

2. Child soldiers. With reference to its previous comments, the Committee notes that, according to the reports of the United Nations Secretary-General of 28 June 2007 and 21 December 2007, the national programme for disarmament, demobilization and reintegration expressly provided for the release of children. The operational framework for children associated with armed forces and groups was launched in May 2004, and approximately 30,000 children, including those who had been released before the adoption of the operational framework, were separated from the armed forces and groups between 2003 and December 2006. Of this number, 15,167 received assistance with reintegration, with 6,066 receiving aid to enable them to return to school and 9,010 enrolling in programmes designed to equip them for finding the means of subsistence. Implementation of the national programme for disarmament, demobilization and reintegration was delayed because of the brassage process and at times it proved difficult to release the children. In addition, according to the Secretary-General’s reports, 4,182 children, including 629 girls, were released from the armed forces and groups in the east of the country during the reporting periods. In Ituri, 2,472 children, including 564 girls, were able to leave the ranks of the MRC, FRPI and FNI militias. In North Kivu, 1,374 children, including 52 girls, were released and in South Kivu, 336 children, including 13 girls, were also released.

The Government states in its report that the issue of registering the girls and removing them from the armed forces is a sensitive matter. Afraid of being socially excluded if they are found to have been associated with armed forces or groups, the girls prefer to return discreetly to civilian life. The Government also states that a programme to raise community awareness regarding family reunification and the social-economic reintegration of children released from armed forces and groups has been implemented in all the provinces of the country. In this context, children are catered for in employment centres, searches are undertaken with a view to family reunification and social and economic reintegration measures are taken. However, programmes for the economic reintegration of children are hampered by the lack of possibilities available to improve their economic situation and the financial problems arising from a lack of long-term support mechanisms. As a result, the children are at risk of being re-enlisted in the armed forces or groups. However, the Government points out that it expects to resolve the financial problems in order to revive the programme for the social, vocational and economic reintegration of children. As regards the measures for psychological rehabilitation, the Government acknowledges that the transitional support structures  are deficient. The impact on some children has been so great that they find it difficult to readjust to family life. The Committee notes the information supplied by the Government on the measures it has taken to improve the situation. In this regard, the Committee requests the Government to intensify its efforts and adopt time-bound measures to remove children from armed forces and groups, with special attention given to girls. Furthermore, it requests the Government to revive the programme for social, vocational and economic reintegration and improve the implementation of psychological rehabilitation measures. Finally, the Committee requests the Government to indicate the number of young persons under 18 years of age who have been rehabilitated and integrated into their communities.

The Committee is also raising a number of other issues in a direct request to the Government.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. The Committee noted that section 4 of Act No. 015/2002 of 16 October 2002 issuing the Labour Code (the Labour Code) establishes a National Committee to Combat the Worst Forms of Child Labour. The National Committee has the function of formulating a national strategy for the eradication of the worst forms of child labour and following up its implementation. The Committee noted the Government’s indication that the Ministry of Labour and Social Insurance has formulated a draft ministerial order establishing and organizing the operation of the Committee to Combat the Worst Forms of Child Labour, as envisaged in section 5 of the Labour Code. The Committee requests the Government to provide a copy of the order when it has been adopted.

Article 3. Worst forms of child labour. The Committee noted with interest that the wording of section 3 of the Labour Code is almost the same as that of Article 3 of the Convention and provides that all the worst forms of child labour shall be abolished. The Committee noted that though the Labour Code does not include a definition of the term child, but refers instead to the Family Code. However, section 219 of the Family Code does not provide a definition of the term child, but defines the term minor as an individual of either sex who has not yet reached 18 years of age. The Committee requests the Government to confirm that the term “child” in the Labour Code refers to children under 18 years of age and, if not, the measures it intends taking to ensure that the prohibitions against the worst forms of child labour apply to children under 18 years of age.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee noted that section 3(1) and (2) of the Labour Code provides for the abolition of the worst forms of child labour, including the use, procuring or offering of a child for illicit activities. It also noted the Government’s indication that the production and trafficking of drugs are considered to be unlawful and are severely penalized by the Penal Code. However, the Committee noted that the text of the Penal Code available to the Office, as amended up to 30 November 2004, does not contain provisions in this respect. The Committee requests the Government to indicate whether the national legislation contains other more specific provisions prohibiting the use, procuring or offering of a young person under 18 years of age for, among other activities, the production, trafficking or sale of drugs and controlled substances.

Article 3(d). Hazardous work. Self-employed workers. The Committee noted that Act No. 015/2002 of 16 October 2002 issuing the Labour Code (the Labour Code) applies to all workers and all employers (section 1(1)). Section 7(a) defines the term worker as “any individual of an age to conclude a contract … who has undertaken to place their occupational activity, in return for remuneration, under the direction and authority of an individual or association, public or private, in the context of a labour contract”. Section 7(b) of the Labour Code defines the term employer as “any individual or association, in public or private law, who makes use of the services of one or more workers by virtue of a labour contract”. The Committee noted that, under these provisions, the Labour Code does not apply to young children under 18 years of age who work under arrangements other than labour contracts. They accordingly are not protected from engaging in hazardous types of work. The Committee requests the Government to indicate the manner in which the national legislation provides that such young persons under 18 years of age shall benefit from the protection afforded by Article 3(d) of the Convention, so as to ensure that they are not engaged in work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals.

Article 4, paragraphs 1 and 3. Determination and revision of the list of types of work determined as being hazardous. The Committee noted the Government’s indication that Ministerial Order No. 68/13 of 17 May 1968 determining the conditions of work of women and young persons (Order No. 68/13) remains in force until new measures are taken under the Labour Code of 2002. The Committee noted that section 32 of Order No. 68/13 contains a list of hazardous and unhealthy types of work prohibited for young persons under 18 years of age. It also noted that section 32(13) establishes a general prohibition of all types of work prohibited by the labour inspector on the grounds of their dangerous or unhealthy nature. Furthermore, section 28 of Order No. 68/13 prohibits the assignment of young persons under 18 years of age to the regular transport of loads. Under the terms of section 31, young persons of both sexes under 18 years of age may be engaged in the transport of loads on hand trolleys or similar vehicles. Moreover, section 35 provides that the employment of young persons under 18 years of age is prohibited in bars and other public places where alcoholic beverages are consumed. The Committee noted that this Order was adopted under the Labour Code of 1967. As the new Labour Code was adopted in 2002, the Committee reminded the Government that, under the terms of Article 4, paragraph 3, of the Convention, the list of hazardous types of work determined shall be periodically examined and revised as necessary, in consultation with the organizations of employers and workers concerned. In this respect, the Committee drew the Government’s attention to Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190), which provides that, in determining the types of work referred to under Article 3(d) of the Convention, and in identifying where they exist, consideration should be given, inter alia, to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, underwater, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in an unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels, or vibrations damaging to their health; (e) work under particularly difficult conditions, such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer. The Committee hopes that, when formulating the new measures to be adopted under the Labour Code of 2002, the Government will take into consideration the types of work enumerated in Paragraph 3 of Recommendation No. 190.

Article 4, paragraph 2. Identification of where hazardous types of work exist. The Committee noted the Government’s indication that, under the terms of section 36 of Order No. 68/13, the recruitment of any young workers under 18 years of age shall occasion the establishment by the employer of a list indicating, inter alia, the job in which each worker is employed. A copy of this list, including reference to the certificates of fitness for employment, has to be sent to the labour inspector competent for the geographical area concerned within one week of recruitment. The Government added that, as a result of the information gathered in this manner, it is easy for the labour inspector to identify where hazardous types of work are being carried out. The Committee requests the Government to indicate whether these lists have made it possible to identify cases of hazardous work and, if so, to provide the results.

Article 5. Mechanisms to monitor the implementation of the provisions giving effect to the Convention. The Committee noted the Government’s indication that the general labour inspection service is responsible for the enforcement of the provisions giving effect to the Convention. It also noted that, under section 187(1) of the Labour Code, the function of the labour inspectorate is to enforce legal provisions respecting conditions of work and the protection of workers in the performance of their work, including provisions respecting the employment of children. Furthermore, section 192 of the Labour Code determines the responsibilities of labour inspectors attached to the general labour inspectorate. The Committee requests the Government to provide information on the working of the labour inspection services, particularly with regard to the worst forms of child labour, including extracts of reports or other documents. It also requests the Government to provide information on the consultations held with employers’ and workers’ organizations, in accordance with the provisions of this Article.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee noted the Government’s indication that programmes of action to eliminate the worst forms of child labour are currently under preparation. The Committee requests the Government to provide information on the programmes of action as soon as they are adopted. Furthermore, it requests the Government to provide information on the consultations held with relevant public institutions and employers’ and workers’ organizations and other concerned groups.

Article 7, paragraph 1. Penalties. The Committee noted that section 326 of the Labour Code establishes penalties for violations of the provisions of section 2 of the Labour Code respecting forced labour and section 3 on the worst forms of child labour. The Committee noted that the penalties for offences as serious as forced labour, trafficking, use of children for prostitution, pornography and illicit activities, contained in section 326 of the Labour Code, are not sufficiently dissuasive. It urges the Government to take steps to increase the penalties in order to more effectively eliminate the worst forms of child labour. It requests the Government to provide information on the application of these penalties in practice. With regard to prostitution, the Committee requests the Government to provide information on the application in practice of the penalties envisaged in sections 172 and 174bis of the Labour Code, including reports on the number of convictions.

Paragraph 2. Effective and time-bound measures. Clause (d). Children at special risk. 1. Identification. The Committee noted the information provided by the Government that the members of the Committee to Combat the Worst Forms of Child Labour, in collaboration with employers’ and workers’ organizations and the Ministry of Labour and Social Insurance, will identify children at special risk. The Committee requests the Government to indicate the results achieved in the identification of children at special risk.

2. Street children. The Committee noted that, in its Concluding Observations on the Government’s initial report in July 2001 (CRC/C/15/Add.153, paragraphs 70 and 71), the Committee on the Rights of the Child expressed concern at the high number and difficult situation of children living in or working on the streets. The Committee on the Rights of the Child urged the Government to strengthen its assistance to children living in or working on the streets through, among others, studying the causes and implementing preventive measures, improving the protection of children already in this situation, including through the provision of education and programmes to assist them to leave street life. The Committee considered that children living on the streets are at special risk of the worst forms of child labour. It therefore requests the Government to provide information on the measures adopted or envisaged, particularly with regard to the protection of children living on the streets from the worst forms of child labour, and their rehabilitation and social integration.

3. HIV/AIDS. The Committee noted that, in its concluding observations in July 2001 (CRC/C/15/Add.153, paragraphs 52 and 53), the Committee on the Rights of the Child expressed deep concern at the very high number of children affected by HIV/AIDS either through direct infection, including mother-to-child transmission, or following the illness or death of a parent. In this respect, the Committee of Experts notes that, according to the information contained in the Fact Sheet of 2004 on the epidemic prepared by the Joint United Nations Programme on HIV/AIDS (UNAIDS) and the World Health Organization (WHO), there are around 770,000 HIV/AIDS orphans in the Democratic Republic of the Congo. While noting that the Democratic Republic of the Congo is participating in the World Bank HIV/AIDS Programme covering several countries with a view to implementing a national strategic plan to control the epidemic, the Committee of Experts is concerned at the very high number of children affected by HIV/AIDS. The Committee noted that HIV/AIDS has consequences for orphans, who are at increased risk of being engaged in the worst forms of child labour. With reference to the recommendations made by the Committee on the Rights of the Child in July 2001, the Committee requests the Government to make every effort to reduce the incidence of HIV/AIDS by preventing its transmission within the population, and to provide information on the specific time-bound measures taken to improve the situation of these children.

Clause (e). Special situation of girls. The Committee noted that, in its concluding observations in July 2001 (CRC/C/15/Add.153, paragraphs 60 and 61), the Committee on the Rights of the Child expressed concern at the low rate of school enrolment of girls, their high drop-out rate and also the high female illiteracy rate, especially in rural areas. The Committee on the Rights of the Child recommended the Government to strengthen its efforts to improve the access of girls to education, including by establishing specific programmes to reduce female illiteracy and information campaigns promoting this right. The Committee of Experts noted the information provided by the Government to the effect that special attention will be accorded to the situation of girls when formulating the various programmes to combat the worst forms of child labour. Considering that education contributes to eliminating many of the worst forms of child labour, the Committee hopes that the Government will take the necessary measures to improve the education system, ensure that children attend school regularly and reduce school drop-out rates, especially among girls.

Parts IV and V of the report form. Application of the Convention in practice. The Committee noted that no statistical data on the number of child victims of the worst forms of child labour appear to be available for the Democratic Republic of the Congo. It therefore hopes that the Government will be in a position to provide statistics and information with its next report on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of the infringements reported, the investigations undertaken, prosecutions, convictions and the penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 3 of the Convention. Worst forms of child labour. Clause (a). 1. Sale and trafficking of children for sexual exploitation. With reference to its observations under Convention No. 29, the Committee noted that in its initial report to the Committee on the Rights of the Child in August 2000 (CRC/C/3/Add.57, paragraphs 68, 205 and 206), the Government indicated that phenomena such as the trafficking and sale of children for their sexual and commercial exploitation are increasingly widespread in the Democratic Republic of the Congo. Nevertheless, there is no in-depth study or statistics on the subject. The Government also indicated that the causes are mainly of an economic nature, but also of a social, family, political–legal and cultural nature. The Committee further noted that, in its concluding observations, of July 2001 (CRC/C/15/Add.153, paragraphs 68 and 69), the Committee on the Rights of the Child expressed concern at the information on the trading, trafficking, kidnapping and use for pornography of young girls and boys within the territory of the country, or from the Democratic Republic of the Congo to another country, and that it considered it to be of great concern that domestic legislation does not sufficiently protect children from trafficking. The Committee on the Rights of the Child strongly recommended that the Government take urgent measures to end the sale, trafficking and sexual exploitation of children through, among others, the adoption and implementation of appropriate legislation and the use of the criminal justice process to punish those persons responsible for such practices.

The Committee noted that the Government ratified the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography in November 2001. It also noted that section 67 of the Penal Code prohibits the forceful abduction, restraint or detention of any person. Section 68 prohibits the abduction, restraint or detention of any person for the purpose of sale as slaves or the use of persons placed under their authority for that purpose. As indicated by the Government to the Committee on the Rights of the Child, the provisions of the Penal Code to suppress the sale and trafficking of children for sexual exploitation are not appropriate in view of the extent of the phenomenon. The Committee therefore requests the Government to take the necessary measures, as a matter of urgency, to prohibit in national legislation the sale and trafficking of children under 18 years of age for the purposes of sexual exploitation and to adopt appropriate penalties for contraventions of the prohibition.

2. Forced recruitment of children for use in armed conflict. With reference to its observations under Convention No. 29, the Committee noted that, in her report on the situation of human rights in the Democratic Republic of the Congo in April 2003 (E/CN.4/2003/43, paragraphs 33–36), the United Nations Special Rapporteur indicated that the phenomenon of child soldiers continues to be very disturbing. There is very little demobilization and mass recruitment taking place in the east of the country; according to UNICEF and the NGOs, there are more than 30,000 child soldiers in the Democratic Republic of the Congo. In Uvira, in South Kivu, all the armed groups in the region (RCD/Goma, Maï-Maï, Banyamulenge) continue to recruit children. Children aged under 15 make up a large proportion of the Maï-Maï, the Congolese National Army (ANC) and the Congolese Patriotic Union (UPC). The UPC has on several occasions ordered local communities to “supply children” for the war effort. According to the information transmitted to the Special Rapporteur, many child soldiers are abducted from their families by the various armed groups. They include young girls, who are frequently used as sex slaves for the soldiers. Many of the children are sent to the front.

The Committee also noted that, according to the report of the Secretary‑General of the United Nations on children and armed conflict of 9 February 2005 (A/59/695-S/2005/72, paragraphs 15–22), since the establishment of the Transitional Government in the Democratic Republic of the Congo, the Forces armées congolaises (FAC, the armed forces of the former Government), the Mouvement de libération du Congo (MLC), the Rassemblement congolais pour la démocratie-Goma (RCD-Goma), the Rassemblement congolais pour la démocratie-Kisangani/Mouvement de libération (RCD-K/ML), the Rassemblement congolais pour la démocratie-National (RCD-N) and the main Maï-Maï groups represented at the inter-Congolese dialogue have been integrated into the new national army, the Forces armées de la République démocratique du Congo (FARDC). According to the Secretary-General, while this is a positive step, the various military units have yet to be fully integrated. In many cases, the units are only nominally FARDC, and some of them continue to use children. Since the designation of FARDC regional military commanders in October 2003, some 5,000 children, a small number of them girls, have been released from armed forces and groups. The Secretary-General however indicates that, despite some advances, thousands of children remain in the armed forces and armed groups in the Democratic Republic of the Congo, and recruitment, although not systematic, has continued. Although reiterating its commitment to separate all children from the FARDC, the état-major has not yet provided adequate information about the presence of children in its numerous brigades. While some regional and local commanders have released children, no mass release of children has yet taken place.

The Committee noted that the Democratic Republic of the Congo ratified the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict in November 2001. It also noted that Article 184 of the Transitional Constitution provides that no one shall be recruited into the armed forces of the Democratic Republic of the Congo nor take part in a war or hostilities unless he has reached the age of 18 years at the time of recruitment. Furthermore, the Committee noted that the Government has adopted Legislative Decree No. 066 of 9 June 2000 to demobilize and reintegrate vulnerable groups present in the fighting forces (Legislative Decree No. 066). Under the terms of section 1 of Legislative Decree No. 066, an order has been issued to demobilize the vulnerable groups in the Congolese armed forces or other armed groups operating in the Democratic Republic of the Congo and to provide for their socio-economic integration and their integration into their families. Under section 2, the term “vulnerable groups” includes child soldiers, girls or boys aged under 18 years, which constitute a specific group requiring urgent humanitarian intervention.

Despite the action taken by the Government in this field, the Committee expressed particular concern at the current situation of children who are still recruited for armed conflict in the Democratic Republic of the Congo. In this respect, the Committee referred to the United Nations Security Council which, in resolution No. 1493, adopted on 28 July 2003, indicates that it “strongly condemns the continued recruitment and use of children in the hostilities in the Democratic Republic of the Congo, especially in North and South Kivu and in Ituri”. With reference to the United Nations Human Rights Commission, which in resolution No. 84, adopted on the 22 April 2004, “urges all the parties (…) to put an end to the recruitment and use of child soldiers, contrary to international law (...)”, the Committee requests the Government to provide information on the measures taken to ensure compliance with the legislation applicable in respect of the forced and compulsory recruitment of children for use in armed conflict. It also requests the Government to redouble its efforts to improve the situation. Furthermore, the Committee requests the Government to take measures as a matter of urgency to ensure that young persons under 18 years of age are not forced to take part in armed conflict either in the national armed forces or in rebel groups, and to provide information on any further measures adopted or envisaged for this purpose. The Committee also requests the Government to provide a copy of Legislative Decree No. 066 of 9 June 2000 on the demobilization and reintegration of vulnerable groups present in the fighting forces.

Clause (d). Hazardous work. Mines. In its communication, the Confederation of Trade Unions of the Congo indicated that young persons under 18 years of age are engaged in mineral quarries in the provinces of Katanga and East Kasaï. In this respect, the Committee noted that, in her report on the situation of human rights in the Democratic Republic of the Congo in April 2003 (E/CN.4/2003/43, paragraph 59), the United Nations Special Rapporteur noted that military units recruit children and force them to work, especially to extract natural resources. She added that NGOs in South Kivu informed her of children being recruited by armed groups to work in mines. The Committee referred to its observations under Convention No. 29, in which it noted the Concluding Observations of the Committee on the Rights of the Child of July 2001 (CRC/C/15/Add.153, paragraphs 66 and 67), according to which many children are at work in dangerous work environments, particularly in the Kasai mines and at certain locations in Lubumbashi. The Committee on the Rights of the Child recommended that the Government take measures to enforce legal protection in both the formal and informal work sectors, including in mines and other harmful environments.

The Committee noted that section 3(2)(d) of the Labour Code prohibits child labour in its worst forms, and particularly work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety, dignity or morals of children. Under the terms of section 1 of Ministerial Order No. 68/13 of 17 May 1968 determining the conditions of work of women and children (Order No. 68/13), it is prohibited for any employer to engage children in work in excess of their strength or exposing them to high occupational risks. The Committee also noted that under section 32 of Order No. 68/13, the extraction of minerals, shale, materials and debris from mines, open cast mines and quarries, as well as earthworks, are prohibited for young persons under 18 years of age. The Committee noted that section 326 of the Labour Code establishes penalties for violations of the provisions of section 3(2)(d) respecting hazardous work. Furthermore, it noted that the Democratic Republic of the Congo participates in the certification scheme for the internal control of diamonds established by the Kimberley Process. The Committee observed that although the legislation is in conformity with the Convention on this point, child labour in mines is a problem in practice. The Committee requests the Government to provide information in relation to the allegations made by the Confederation of Trade Unions of the Congo. It also requests the Government to redouble its efforts to ensure the effective application of the legislation for the protection of children against hazardous types of work, and particularly hazardous work in mines.

Article 7, paragraph 1. Penalties. The Committee recalled that, under Article 7, paragraph 1, of the Convention, the Government has to take all necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including the provision and application of penal sanctions. The Committee therefore requests the Government to indicate the penal provisions relating to: the sale or trafficking of children for sexual exploitation; the forced or compulsory recruitment of children for use in armed conflict; the engagement of children in hazardous work in mines. The Committee also requests the Government to provide information on the number and nature of the infringements reported, the investigations undertaken, legal proceedings initiated, convictions and the penalties applied in practice.

Article 7, paragraph 2. Effective and time-bound measures. Clause (b). Removal of children from the worst forms of child labour and ensure their rehabilitation and social integration. 1. Sale and trafficking of children for sexual exploitation. The Committee noted that, in its concluding observations of July 2001 (CRC/C/15/Add.153, paragraph 69), the Committee on the Rights of the Child recommended to the Government that the police force and border officials should receive special training to help in combating the sale, trafficking and sexual exploitation of children, and that programmes be established to provide assistance, including rehabilitation and social integration, to the child victims of sexual exploitation. The Committee requests the Government to provide information on the measures adopted to ensure the rehabilitation and social integration of young persons under 18 years of age who are victims of sale and trafficking for sexual exploitation.

2. Child soldiers. The Committee noted that the Government, through the Ministries of Human Rights and Defence, has adopted, in collaboration with the National Demobilization and Reintegration Bureau (BUNADER), a national programme of disarmament, demobilization and reintegration of ex-combatants (PNDR). It also noted that a National Commission on Disarmament, Demobilization and Reintegration was established in March 2004. Furthermore, the Committee noted that the Government is participating in the ILO/IPEC interregional project on the prevention and reintegration of children involved in armed conflict, which also covers Burundi, Rwanda, Congo, Philippines, Sri Lanka and Colombia. The objectives of the programme are to prevent the recruitment of children in armed conflict, facilitate their removal and ensure their social integration.

The Committee also noted that, in his report of 9 February 2005 on children and armed conflict (A/59/659-S/2005/72, paragraphs 15–22), the Secretary-General of the United Nations indicated that in early 2004 the Transitional Government adopted a national policy and procedural framework for the disarmament, demobilization and reintegration of children in FARDC and all other armed groups. The National Commission on Disarmament, Demobilization and Reintegration has been actively planning the National Programme of Disarmament, Demobilization and Reintegration with the Military Integration Structure (MONUC), the United Nations country team and NGOs. During the reporting period, MONUC, UNICEF and their child protection partners have been collaborating with the National Commission in the ongoing activities to remove children from the armed forces and armed groups. They have also been pursuing dialogue with the military authorities to advocate and plan the separation of children. In order to do so, direct contacts have been made with field commanders, the Ministry of Defence and the FARDC leadership. Since the designation of FARDC regional military commanders in October 2003, some 5,000 children, a small number of them girls, have been released from armed forces and groups. The planning of reintegration projects has also continued. The Secretary-General adds that in Ituri, some progress has been made through dialogue with various armed groups, as well as through collaborative disarmament, demobilization and reintegration planning by the United Nations country team and NGOs. In May 2004, the Forces armées populaires congolaises (FAPC), the Front nationaliste et intégrationniste (FNI), the Parti pour l’Unité et la sauvegarde du Congo (PUSIC), the Union des patriotes congolais (UPC-Thomas Lubanga faction) and the UPC-Floribert Kisembo faction formally undertook to participate in the disarmament and community reintegration programme, which first became operational in early September 2004. As of mid-December, almost 700 children had passed through this programme. An unspecified number of children had been released from these groups prior to the launching of the programme.

The Committee encourages the Government to continue collaborating with the various bodies involved in the disarmament and community integration process with a view to removing children from armed forces and groups. It requests the Governments to provide information on the impact of the ILO/IPEC interregional programme on the prevention and reintegration of children involved in armed conflict and the results achieved. The Committee also requests the Government to provide information on the time-bound measures taken to ensure the rehabilitation and social integration of the children who are in practice withdrawn from armed forces and groups.

Article 7, paragraph 3. Competent authority responsible for the implementation of the provisions giving effect to the Convention. The Committee noted the Government’s indication that the Ministry of Labour and Social Insurance, through the Committee to Combat Child Labour, is responsible for the implementation of the provisions giving effect to the Convention. The Government added that the Committee to Combat Child Labour will formulate a national strategy, monitor its implementation and evaluate the effect given to the measures recommended. However, the Committee noted that in its communication the Confederation of Trade Unions of the Congo stated that, although section 4 of the Labour Code provides for the establishment of a Committee to Combat Child Labour, it has never been created. The Committee requests the Government to provide information relating to the allegations of the Confederation of Trade Unions of the Congo. It also requests the Government to provide information on the national strategy formulated by the Committee to Combat Child Labour and to provide a copy when it has been adopted.

Article 8. Enhanced international cooperation and assistance. The Committee noted that the Democratic Republic of the Congo is a member of Interpol, the organization which assists in cooperation between countries in the various regions, in fields such as combating the trafficking of children. It also noted, according to World Bank information, that the Government has been preparing a Poverty Reduction Strategy Paper (PRSP) since 2002, with the development phase of the strategy due to begin in 2005. Recalling that poverty reduction programmes contribute to breaking the circle of poverty, which is essential for the elimination of the worst forms of child labour, the Committee requests the Government to provide information on any significant impact of the PRSP on the elimination of the worst forms of child labour, and particularly on the sale and trafficking of children for sexual exploitation, the forced recruitment of children for use in armed conflict and the performance of hazardous work in mines.

The Committee is also raising other points in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. The Committee notes that section 4 of Act No. 015/2002 of 16 October 2002 issuing the Labour Code (the Labour Code) establishes a National Committee to Combat the Worst Forms of Child Labour. The National Committee has the function of formulating a national strategy for the eradication of the worst forms of child labour and following up its implementation. The Committee notes the Government’s indication that the Ministry of Labour and Social Insurance has formulated a draft ministerial order establishing and organizing the operation of the Committee to Combat the Worst Forms of Child Labour, as envisaged in section 5 of the Labour Code. The Committee requests the Government to provide a copy of the order when it has been adopted.

Article 3. Worst forms of child labour. The Committee notes with interest that the wording of section 3 of the Labour Code is almost the same as that of Article 3 of the Convention and provides that all the worst forms of child labour shall be abolished. The Committee notes that though the Labour Code does not include a definition of the term child, but refers instead to the Family Code. However, section 219 of the Family Code does not provide a definition of the term child, but defines the term minor as an individual of either sex who has not yet reached 18 years of age. The Committee requests the Government to confirm that the term “child” in the Labour Code refers to children under 18 years of age and, if not, the measures it intends taking to ensure that the prohibitions against the worst forms of child labour apply to children under 18 years of age.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee notes that section 3(1) and (2) of the Labour Code provides for the abolition of the worst forms of child labour, including the use, procuring or offering of a child for illicit activities. It also notes the Government’s indication that the production and trafficking of drugs are considered to be unlawful and are severely penalized by the Penal Code. However, the Committee notes that the text of the Penal Code available to the Office, as amended up to 30 November 2004, does not contain provisions in this respect. The Committee requests the Government to indicate whether the national legislation contains other more specific provisions prohibiting the use, procuring or offering of a young person under 18 years of age for, among other activities, the production, trafficking or sale of drugs and controlled substances.

Article 3(d). Hazardous work. Self-employed workers. The Committee notes that Act No. 015/2002 of 16 October 2002 issuing the Labour Code (the Labour Code) applies to all workers and all employers (section 1(1)). Section 7(a) defines the term worker as “any individual of an age to conclude a contract […] who has undertaken to place their occupational activity, in return for remuneration, under the direction and authority of an individual or association, public or private, in the context of a labour contract”. Section 7(b) of the Labour Code defines the term employer as “any individual or association, in public or private law, who makes use of the services of one or more workers by virtue of a labour contract”. The Committee notes that, under these provisions, the Labour Code does not apply to young children under 18 years of age who work under arrangements other than labour contracts. They accordingly are not protected from engaging in hazardous types of work. The Committee requests the Government to indicate the manner in which the national legislation provides that such young persons under 18 years of age shall benefit from the protection afforded by Article 3(d) of the Convention, so as to ensure that they are not engaged in work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals.

Article 4, paragraphs 1 and 3. Determination and revision of the list of types of work determined as being hazardous. The Committee notes the Government’s indication that Ministerial Order No. 68/13 of 17 May 1968 determining the conditions of work of women and young persons (Order No. 68/13) remains in force until new measures are taken under the Labour Code of 2002. The Committee notes that section 32 of Order No. 68/13 contains a list of hazardous and unhealthy types of work prohibited for young persons under 18 years of age. It also notes that section 32(13) establishes a general prohibition of all types of work prohibited by the labour inspector on the grounds of their dangerous or unhealthy nature. Furthermore, section 28 of Order No. 68/13 prohibits the assignment of young persons under 18 years of age to the regular transport of loads. Under the terms of section 31, young persons of both sexes under 18 years of age may be engaged in the transport of loads on hand trolleys or similar vehicles. Moreover, section 35 provides that the employment of young persons under 18 years of age is prohibited in bars and other public places where alcoholic beverages are consumed. The Committee notes that this Order was adopted under the Labour Code of 1967. As the new Labour Code was adopted in 2002, the Committee reminds the Government that, under the terms of Article 4, paragraph 3, of the Convention, the list of hazardous types of work determined shall be periodically examined and revised as necessary, in consultation with the organizations of employers and workers concerned. In this respect, the Committee draws the Government’s attention to Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190), which provides that, in determining the types of work referred to under Article 3(d) of the Convention, and in identifying where they exist, consideration should be given, inter alia, to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, underwater, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in an unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels, or vibrations damaging to their health; (e) work under particularly difficult conditions, such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer. The Committee hopes that, when formulating the new measures to be adopted under the Labour Code of 2002, the Government will take into consideration the types of work enumerated in Paragraph 3 of Recommendation No. 190.

Article 4, paragraph 2. Identification of where hazardous types of work exist. The Committee notes the Government’s indication that, under the terms of section 36 of Order No. 68/13, the recruitment of any young workers under 18 years of age shall occasion the establishment by the employer of a list indicating, inter alia, the job in which each worker is employed. A copy of this list, including reference to the certificates of fitness for employment, has to be sent to the labour inspector competent for the geographical area concerned within one week of recruitment. The Government adds that, as a result of the information gathered in this manner, it is easy for the labour inspector to identify where hazardous types of work are being carried out. The Committee requests the Government to indicate whether these lists have made it possible to identify cases of hazardous work and, if so, to provide the results.

Article 5. Mechanisms to monitor the implementation of the provisions giving effect to the Convention. The Committee notes the Government’s indication that the general labour inspection service is responsible for the enforcement of the provisions giving effect to the Convention. It also notes that, under section 187(1) of the Labour Code, the function of the labour inspectorate is to enforce legal provisions respecting conditions of work and the protection of workers in the performance of their work, including provisions respecting the employment of children. Furthermore, section 192 of the Labour Code determines the responsibilities of labour inspectors attached to the general labour inspectorate. The Committee requests the Government to provide information on the working of the labour inspection services, particularly with regard to the worst forms of child labour, including extracts of reports or other documents. It also requests the Government to provide information on the consultations held with employers’ and workers’ organizations, in accordance with the provisions of this Article.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes the Government’s indication that programmes of action to eliminate the worst forms of child labour are currently under preparation. The Committee requests the Government to provide information on the programmes of action as soon as they are adopted. Furthermore, it requests the Government to provide information on the consultations held with relevant public institutions and employers’ and workers’ organizations and other concerned groups.

Article 7, paragraph 1. Penalties. The Committee notes that section 326 of the Labour Code establishes penalties for violations of the provisions of section 2 of the Labour Code respecting forced labour and section 3 on the worst forms of child labour. The Committee notes that the penalties for offences as serious as forced labour, trafficking, use of children for prostitution, pornography and illicit activities, contained in section 326 of the Labour Code, are not sufficiently dissuasive. It urges the Government to take steps to increase the penalties in order to more effectively eliminate the worst forms of child labour. It requests the Government to provide information on the application of these penalties in practice. With regard to prostitution, the Committee requests the Government to provide information on the application in practice of the penalties envisaged in sections 172 and 174bis of the Labour Code, including reports on the number of convictions.

Paragraph 2. Effective and time-bound measures. Clause (d). Children at special risk. 1. Identification. The Committee notes the information provided by the Government that the members of the Committee to Combat the Worst Forms of Child Labour, in collaboration with employers’ and workers’ organizations and the Ministry of Labour and Social Insurance, will identify children at special risk. The Committee requests the Government to indicate the results achieved in the identification of children at special risk.

2. Street children. The Committee notes that, in its Concluding Observations on the Government’s initial report in July 2001 (CRC/C/15/Add.153, paragraphs 70 and 71), the Committee on the Rights of the Child expressed concern at the high number and difficult situation of children living in or working on the streets. The Committee on the Rights of the Child urged the Government to strengthen its assistance to children living in or working on the streets through, among others, studying the causes and implementing preventive measures, improving the protection of children already in this situation, including through the provision of education and programmes to assist them to leave street life. The Committee considers that children living on the streets are at special risk of the worst forms of child labour. It therefore requests the Government to provide information on the measures adopted or envisaged, particularly with regard to the protection of children living on the streets from the worst forms of child labour, and their rehabilitation and social integration.

3. HIV/AIDS. The Committee notes that, in its Concluding Observations in July 2001 (CRC/C/15/Add.153, paragraphs 52 and 53), the Committee on the Rights of the Child expressed deep concern at the very high number of children affected by HIV/AIDS either through direct infection, including mother-to-child transmission, or following the illness or death of a parent. In this respect, the Committee of Experts notes that, according to the information contained in the Fact Sheet of 2004 on the epidemic prepared by the Joint United Nations Programme on HIV/AIDS (UNAIDS) and the World Health Organization (WHO), there are around 770,000 HIV/AIDS orphans in the Democratic Republic of the Congo. While noting that the Democratic Republic of the Congo is participating in the World Bank HIV/AIDS Programme covering several countries with a view to implementing a national strategic plan to control the epidemic, the Committee of Experts is concerned at the very high number of children affected by HIV/AIDS. The Committee notes that HIV/AIDS has consequences for orphans, who are at increased risk of being engaged in the worst forms of child labour. With reference to the recommendations made by the Committee on the Rights of the Child in July 2001, the Committee requests the Government to make every effort to reduce the incidence of HIV/AIDS by preventing its transmission within the population, and to provide information on the specific time-bound measures taken to improve the situation of these children.

Clause (e). Special situation of girls. The Committee notes that, in its Concluding Observations in July 2001 (CRC/C/15/Add.153, paragraphs 60 and 61), the Committee on the Rights of the Child expressed concern at the low rate of school enrolment of girls, their high drop-out rate and also the high female illiteracy rate, especially in rural areas. The Committee on the Rights of the Child recommended the Government to strengthen its efforts to improve the access of girls to education, including by establishing specific programmes to reduce female illiteracy and information campaigns promoting this right. The Committee of Experts notes the information provided by the Government to the effect that special attention will be accorded to the situation of girls when formulating the various programmes to combat the worst forms of child labour. Considering that education contributes to eliminating many of the worst forms of child labour, the Committee hopes that the Government will take the necessary measures to improve the education system, ensure that children attend school regularly and reduce school drop-out rates, especially among girls.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes that no statistical data on the number of child victims of the worst forms of child labour appear to be available for the Democratic Republic of the Congo. It therefore hopes that the Government will be in a position to provide statistics and information with its next report on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of the infringements reported, the investigations undertaken, prosecutions, convictions and the penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

Article 3 of the Convention. Worst forms of child labour. Clause (a). 1.  Sale and trafficking of children for sexual exploitation. With reference to its observations under Convention No. 29, the Committee notes that in its initial report to the Committee on the Rights of the Child in August 2000 (CRC/C/3/Add.57, paragraphs 68, 205 and 206), the Government indicated that phenomena such as the trafficking and sale of children for their sexual and commercial exploitation are increasingly widespread in the Democratic Republic of the Congo. Nevertheless, there is no in-depth study or statistics on the subject. The Government also indicated that the causes are mainly of an economic nature, but also of a social, family, political-legal and cultural nature. The Committee further notes that, in its concluding observations, of July 2001 (CRC/C/15/Add.153, paragraphs 68 and 69), the Committee on the Rights of the Child expressed concern at the information on the trading, trafficking, kidnapping and use for pornography of young girls and boys within the territory of the country, or from the Democratic Republic of the Congo to another country, and that it considered it to be of great concern that domestic legislation does not sufficiently protect children from trafficking. The Committee on the Rights of the Child strongly recommended that the Government take urgent measures to end the sale, trafficking and sexual exploitation of children through, among others, the adoption and implementation of appropriate legislation and the use of the criminal justice process to sanction those persons responsible for such practices.

The Committee notes that the Government ratified the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography in November 2001. It also notes that section 67 of the Penal Code prohibits the forceful abduction, restraint or detention of any person. Section 68 prohibits the abduction, restraint or detention of any person for the purpose of sale as slaves or the use of persons placed under their authority for that purpose. As indicated by the Government to the Committee on the Rights of the Child, the provisions of the Penal Code to suppress the sale and trafficking of children for sexual exploitation are not appropriate in view of the extent of the phenomenon. The Committee therefore requests the Government to take the necessary measures, as a matter of urgency, to prohibit in national legislation the sale and trafficking of children under 18 years of age for the purposes of sexual exploitation and to adopt appropriate penalties for contraventions of the prohibition.

2. Forced recruitment of children for use in armed conflict. With reference to its observations under Convention No. 29, the Committee notes that, in her report on the situation of human rights in the Democratic Republic of the Congo in April 2003 (E/CN.4/2003/43, paragraphs 33-36), the United Nations Special Rapporteur indicated that the phenomenon of child soldiers continues to be very disturbing. There is very little demobilization and mass recruitment taking place in the east of the country; according to UNICEF and the NGOs, there are more than 30,000 child soldiers in the Democratic Republic of the Congo. In Uvira, in South Kivu, all the armed groups in the region (RCD/Goma, Maï-Maï, Banyamulenge) continue to recruit children. Children aged under 15 make up a large proportion of the Maï-Maï, the Congolese National Army (ANC) and the Congolese Patriotic Union (UPC). The UPC has on several occasions ordered local communities to “supply children” for the war effort. According to the information transmitted to the Special Rapporteur, many child soldiers are abducted from their families by the various armed groups. They include young girls, who are frequently used as sex slaves for the soldiers. Many of the children are sent to the front.

The Committee also notes that, according to the report of the Secretary-General of the United Nations on children and armed conflict of 9 February 2005 (A/59/695-S/2005/72, paragraphs 15-22), since the establishment of the Transitional Government in the Democratic Republic of the Congo, the Forces armées congolaises (FAC, the armed forces of the former Government), the Mouvement de libération du Congo (MLC), the Rassemblement congolais pour la démocratie-Goma (RCD-Goma), the Rassemblement congolais pour la démocratie-Kisangani/Mouvement de libération (RCD-K/ML), the Rassemblement congolais pour la démocratie-National (RCD-N) and the main Maï-Maï groups represented at the inter-Congolese dialogue have been integrated into the new national army, the Forces armées de la République démocratique du Congo (FARDC). According to the Secretary-General, while this is a positive step, the various military units have yet to be fully integrated. In many cases, the units are only nominally FARDC, and some of them continue to use children. Since the designation of FARDC regional military commanders in October 2003, some 5,000 children, a small number of them girls, have been released from armed forces and groups. The Secretary-General however indicates that, despite some advances, thousands of children remain in the armed forces and armed groups in the Democratic Republic of the Congo, and recruitment, although not systematic, has continued. Although reiterating its commitment to separate all children from the FARDC, the état-major has not yet provided adequate information about the presence of children in its numerous brigades. While some regional and local commanders have released children, no mass release of children has yet taken place.

The Committee notes that the Democratic Republic of the Congo ratified the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict in November 2001. It also notes that Article 184 of the Transitional Constitution provides that no one shall be recruited into the armed forces of the Democratic Republic of the Congo nor take part in a war or hostilities unless he has reached the age of 18 years at the time of recruitment. Furthermore, the Committee notes that the Government has adopted Legislative Decree No. 066 of 9 June 2000 to demobilize and reintegrate vulnerable groups present in the fighting forces (Legislative Decree No. 066). Under the terms of section 1 of Legislative Decree No. 066, an order has been issued to demobilize the vulnerable groups in the Congolese armed forces or other armed groups operating in the Democratic Republic of the Congo and to provide for their socio-economic integration and their integration into their families. Under section 2, the term “vulnerable groups” includes child soldiers, girls or boys aged under 18 years, which constitute a specific group requiring urgent humanitarian intervention.

Despite the action taken by the Government in this field, the Committee expresses particular concern at the current situation of children who are still recruited for armed conflict in the Democratic Republic of the Congo. In this respect, the Committee refers to the United Nations Security Council which, in resolution No. 1493, adopted on 28 July 2003, indicates that it “strongly condemns the continued recruitment and use of children in the hostilities in the Democratic Republic of the Congo, especially in North and South Kivu and in Ituri”. With reference to the United Nations Human Rights Commission, which in resolution No. 84, adopted on the 22 April 2004, “urges all the parties (…) to put an end to the recruitment and use of child soldiers, contrary to international law (...)”, the Committee requests the Government to provide information on the measures taken to ensure compliance with the legislation applicable in respect of the forced and compulsory recruitment of children for use in armed conflict. It also requests the Government to redouble its efforts to improve the situation. Furthermore, the Committee requests the Government to take measures as a matter of urgency to ensure that young persons under 18 years of age are not forced to take part in armed conflict either in the national armed forces or in rebel groups, and to provide information on any further measures adopted or envisaged for this purpose. The Committee also requests the Government to provide a copy of Legislative Decree No. 066 of 9 June 2000 on the demobilization and reintegration of vulnerable groups present in the fighting forces.

Clause (d). Hazardous work. Mines. In its communication, the Confederation of Trade Unions of the Congo indicates that young persons under 18 years of age are engaged in mineral quarries in the provinces of Katanga and East Kasaï. In this respect, the Committee notes that, in her report on the situation of human rights in the Democratic Republic of the Congo in April 2003 (E/CN.4/2003/43, paragraph 59), the United Nations Special Rapporteur noted that military units recruit children and force them to work, especially to extract natural resources. She adds that NGOs in South Kivu informed her of children being recruited by armed groups to work in mines. The Committee refers to its observations under Convention No. 29, in which it noted the Concluding Observations of the Committee on the Rights of the Child of July 2001 (CRC/C/15/Add.153, paragraphs 66 and 67), according to which many children are at work in dangerous work environments, particularly in the Kasai mines and at certain locations in Lubumbashi. The Committee on the Rights of the Child recommended that the Government take measures to enforce legal protection in both the formal and informal work sectors, including in mines and other harmful environments.

The Committee notes that section 3(2)(d) of the Labour Code prohibits child labour in its worst forms, and particularly work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety, dignity or morals of children. Under the terms of section 1 of Ministerial Order No. 68/13 of 17 May 1968 determining the conditions of work of women and children (Order No. 68/13), it is prohibited for any employer to engage children in work in excess of their strength or exposing them to high occupational risks. The Committee also notes that under section 32 of Order No. 68/13, the extraction of minerals, shale, materials and debris from mines, open cast mines and quarries, as well as earthworks, are prohibited for young persons under 18 years of age. The Committee notes that section 326 of the Labour Code establishes penalties for violations of the provisions of section 3(2)(d) respecting hazardous work. Furthermore, it notes that the Democratic Republic of the Congo participates in the certification scheme for the internal control of diamonds established by the Kimberley Process. The Committee observes that although the legislation is in conformity with the Convention on this point, child labour in mines is a problem in practice. The Committee requests the Government to provide information in relation to the allegations made by the Confederation of Trade Unions of the Congo. It also requests the Government to redouble its efforts to ensure the effective application of the legislation for the protection of children against hazardous types of work, and particularly hazardous work in mines.

Article 7, paragraph 1. Penalties. The Committee recalls that, under Article 7, paragraph 1, of the Convention, the Government has to take all necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including the provision and application of penal sanctions. The Committee therefore requests the Government to indicate the penal provisions relating to: the sale or trafficking of children for sexual exploitation; the forced or compulsory recruitment of children for use in armed conflict; the engagement of children in hazardous work in mines. The Committee also requests the Government to provide information on the number and nature of the infringements reported, the investigations undertaken, legal proceedings initiated, convictions and the penalties applied in practice.

Article 7, paragraph 2. Effective and time-bound measures. Clause (b). Removal of children from the worst forms of child labour and their rehabilitation and social integration. 1. Sale and trafficking of children for sexual exploitation. The Committee notes that, in its concluding observations of July 2001 (CRC/C/15/Add.153, paragraph 69), the Committee on the Rights of the Child recommended to the Government that the police force and border officials should receive special training to help in combating the sale, trafficking and sexual exploitation of children, and that programmes be established to provide assistance, including rehabilitation and social integration, to the child victims of sexual exploitation. The Committee requests the Government to provide information on the measures adopted to ensure the rehabilitation and social integration of young persons under 18 years of age who are victims of sale and trafficking for sexual exploitation.

2. Child soldiers. The Committee notes that the Government, through the Ministries of Human Rights and Defence, has adopted, in collaboration with the National Demobilization and Reintegration Bureau (BUNADER), a national programme of disarmament, demobilization and reintegration of ex-combatants (PNDR). It also notes that a National Commission on Disarmament, Demobilization and Reintegration was established in March 2004. Furthermore, the Committee notes that the Government is participating in the ILO/IPEC interregional project on the prevention and reintegration of children involved in armed conflict, which also covers Burundi, Rwanda, Congo, Philippines, Sri Lanka and Colombia. The objectives of the programme are to prevent the recruitment of children in armed conflict, facilitate their removal and ensure their social integration.

The Committee also notes that, in his report of 9 February 2005 on children and armed conflict (A/59/659-S/2005/72, paragraphs 15-22), the Secretary-General of the United Nations indicated that in early 2004 the Transitional Government adopted a national policy and procedural framework for the disarmament, demobilization and reintegration of children in FARDC and all other armed groups. The National Commission on Disarmament, Demobilization and Reintegration has been actively planning the National Programme of Disarmament, Demobilization and Reintegration with the Military Integration Structure (MONUC), the United Nations country team and NGOs. During the reporting period, MONUC, UNICEF and their child protection partners have been collaborating with the National Commission in the ongoing activities to remove children from the armed forces and armed groups. They have also been pursuing dialogue with the military authorities to advocate and plan the separation of children. In order to do so, direct contacts have been made with field commanders, the Ministry of Defence and the FARDC leadership. Since the designation of FARDC regional military commanders in October 2003, some 5,000 children, a small number of them girls, have been released from armed forces and groups. The planning of reintegration projects has also continued. The Secretary-General adds that in Ituri, some progress has been made through dialogue with various armed groups, as well as through collaborative disarmament, demobilization and reintegration planning by the United Nations country team and NGOs. In May 2004, the Forces armées populaires congolaises (FAPC), the Front nationaliste et intégrationniste (FNI), the Parti pour l’Unité et la sauvegarde du Congo (PUSIC), the Union des patriotes congolais (UPC-Thomas Lubanga faction) and the UPC-Floribert Kisembo faction formally undertook to participate in the disarmament and community reintegration programme, which first became operational in early September 2004. As of mid-December, almost 700 children had passed through this programme. An unspecified number of children had been released from these groups prior to the launching of the programme.

The Committee encourages the Government to continue collaborating with the various bodies involved in the disarmament and community integration process with a view to removing children from armed forces and groups. It requests the Governments to provide information on the impact of the ILO/IPEC interregional programme on the prevention and reintegration of children involved in armed conflict and the results achieved. The Committee also requests the Government to provide information on the time-bound measures taken to ensure the rehabilitation and social integration of the children who are in practice withdrawn from armed forces and groups.

Paragraph 3. Competent authority responsible for the implementation of the provisions giving effect to the Convention. The Committee notes the Government’s indication that the Ministry of Labour and Social Insurance, through the Committee to Combat Child Labour, is responsible for the implementation of the provisions giving effect to the Convention. The Government adds that the Committee to Combat Child Labour will formulate a national strategy, monitor its implementation and evaluate the effect given to the measures recommended. However, the Committee notes that in its communication the Confederation of Trade Unions of the Congo states that, although section 4 of the Labour Code provides for the establishment of a Committee to Combat Child Labour, it has never been created. The Committee requests the Government to provide information relating to the allegations of the Confederation of Trade Unions of the Congo. It also requests the Government to provide information on the national strategy formulated by the Committee to Combat Child Labour and to provide a copy when it has been adopted.

Article 8. Enhanced international cooperation and assistance. The Committee notes that the Democratic Republic of the Congo is a member of Interpol, the organization which assists in cooperation between countries in the various regions, in fields such as combating the trafficking of children. It also notes, according to World Bank information, that the Government has been preparing a Poverty Reduction Strategy Paper (PRSP) since 2002, with the development phase of the strategy due to begin in 2005. Recalling that poverty reduction programmes contribute to breaking the vicious circle of poverty, which is essential for the elimination of the worst forms of child labour, the Committee requests the Government to provide information on any significant impact of the PRSP on the elimination of the worst forms of child labour, and particularly on the sale and trafficking of children for sexual exploitation, the forced recruitment of children for use in armed conflict and the performance of hazardous work in mines.

The Committee is also raising other points in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the Government’s first report.

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. The Committee notes that section 4 of Act No. 015/2002 of 16 October 2002 issuing the Labour Code (the Labour Code) establishes a national Committee to Combat the Worst Forms of Child Labour. The National Committee has the function of formulating a national strategy for the eradication of the worst forms of child labour and following up its implementation. The Committee notes the Government’s indication that the Ministry of Labour and Social Insurance has formulated a draft ministerial order establishing and organizing the operation of the Committee to Combat the Worst Forms of Child Labour, as envisaged in section 5 of the Labour Code. The Committee requests the Government to provide a copy of the order when it has been adopted.

Article 3. Worst forms of child labour. The Committee notes with interest that the wording of section 3 of the Labour Code is almost the same as that of Article 3 of the Convention and provides that all the worst forms of child labour shall be abolished. The Committee notes that though the Labour Code does not include a definition of the term child, but refers instead to the Family Code. However, section 219 of the Family Code does not provide a definition of the term child, but defines the term minor as an individual of either sex who has not yet reached 18 years of age. The Committee requests the Government to confirm that the term "child" in the Labour Code refers to children under 18 years of age and, if not, the measures it intends taking to ensure that the prohibitions against the worst forms of child labour apply to children under 18 years of age.

Clause (a). All forms of slavery or practices similar to slavery. Debt bondage, serfdom and forced or compulsory labour. The Committee notes that, under the terms of article 18, paragraph 2, of the Transitional Constitution, no one may be held in slavery, servitude or other similar conditions. It also notes that forced labour is prohibited by virtue of section 2(2) of the Labour Code.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee notes that in its initial report to the Committee on the Rights of the Child in August 2000 (CRC/C/3/Add.57, paragraphs 205 and 206), the Government indicates that sexual exploitation, which is a very real phenomenon in the Democratic Republic of the Congo, takes several forms, including prostitution and pornography. The Committee notes that section 3(1) and (2)(b) of the Labour Code provides for the abolition of the worst forms of child labour, including the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances or obscene dances.

With regard to prostitution, the Committee notes that under section 172 of the Penal Code, penalties shall be imposed on any person who has been in violation of morals by stimulating, facilitating or favouring, to satisfy the passions of a third person, the debauchery or corruption of persons of either sex who are aged or apparently aged under 21 years. The Committee also notes that under section 174bis of the Penal Code, penalties shall be imposed on: (1) any person who, to satisfy the passions of a third person, has procured, enticed or deceived, with a view to debauchery or prostitution, even with consent, a person aged or apparently aged over 21 years; (2) any person who has kept a house of debauchery or prostitution; (3) the procurer (the person who lives, in whole or in part, from the earnings of a person whom he or she exploits for prostitution); (4) any person who has habitually exploited in any manner the debauchery or prostitution of another.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee notes that section 3(1) and (2) of the Labour Code provides for the abolition of the worst forms of child labour, including the use, procuring or offering of a child for illicit activities. It also notes the Government’s indication that the production and trafficking of drugs are considered to be unlawful and are severely penalized by the Penal Code. However, the Committee notes that the text of the Penal Code available to the Office, as amended up to 30 November 2004, does not contain provisions in this respect. The Committee requests the Government to indicate whether the national legislation contains other more specific provisions prohibiting the use, procuring or offering of a young person under 18 years of age for, among other activities, the production, trafficking or sale of drugs and controlled substances.

Article 3(d). Hazardous work. Self-employed workers. The Committee notes that Act No. 015/2002 of 16 October 2002 issuing the Labour Code (the Labour Code) applies to all workers and all employers (section 1(1)). Section 7(a) defines the term worker as "any individual of an age to conclude a contract […] who has undertaken to place their occupational activity, in return for remuneration, under the direction and authority of an individual or association, public or private, in the context of a labour contract". Section 7(b) of the Labour Code defines the term employer as "any individual or association, in public or private law, who makes use of the services of one or more workers by virtue of a labour contract". The Committee notes that, under these provisions, the Labour Code does not apply to young children under 18 years of age who work under arrangements other than labour contracts. They accordingly are not protected from engaging in hazardous types of work. The Committee requests the Government to indicate the manner in which the national legislation provides that such young persons under 18 years of age shall benefit from the protection afforded by Article 3(d) of the Convention, so as to ensure that they are not engaged in work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals.

Article 4, paragraphs 1 and 3. Determination and revision of the list of types of work determined as being hazardous. The Committee notes the Government’s indication that Ministerial Order No. 68/13 of 17 May 1968 determining the conditions of work of women and young persons (Order No. 68/13) remains in force until new measures are taken under the Labour Code of 2002. The Committee notes that section 32 of Order No. 68/13 contains a list of hazardous and unhealthy types of work prohibited for young persons under 18 years of age. It also notes that section 32(13) establishes a general prohibition of all types of work prohibited by the labour inspector on the grounds of their dangerous or unhealthy nature. Furthermore, section 28 of Order No. 68/13 prohibits the assignment of young persons under 18 years of age to the regular transport of loads. Under the terms of section 31, young persons of both sexes under 18 years of age may be engaged in the transport of loads on hand trolleys or similar vehicles. Moreover, section 35 provides that the employment of young persons under 18 years of age is prohibited in bars and other public places where alcoholic beverages are consumed. The Committee notes that this Order was adopted under the Labour Code of 1967. As the new Labour Code was adopted in 2002, the Committee reminds the Government that, under the terms of Article 4, paragraph 3, of the Convention, the list of hazardous types of work determined shall be periodically examined and revised as necessary, in consultation with the organizations of employers and workers concerned. In this respect, the Committee draws the Government’s attention to Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190), which provides that, in determining the types of work referred to under Article 3(d) of the Convention, and in identifying where they exist, consideration should be given, inter alia, to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, underwater, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in an unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels, or vibrations damaging to their health; (e) work under particularly difficult conditions, such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer. The Committee hopes that, when formulating the new measures to be adopted under the Labour Code of 2002, the Government will take into consideration the types of work enumerated in Paragraph 3 of Recommendation No. 190.

Article 4, paragraph 2. Identification of where hazardous types of work exist. The Committee notes the Government’s indication that, under the terms of section 36 of Order No. 68/13, the recruitment of any young workers under 18 years of age shall occasion the establishment by the employer of a list indicating, inter alia, the job in which each worker is employed. A copy of this list, including reference to the certificates of fitness for employment, has to be sent to the labour inspector competent for the geographical area concerned within one week of recruitment. The Government adds that, as a result of the information gathered in this manner, it is easy for the labour inspector to identify where hazardous types of work are being carried out. The Committee requests the Government to indicate whether these lists have made it possible to identify cases of hazardous work and, if so, to provide the results.

Article 5. Mechanisms to monitor the implementation of the provisions giving effect to the Convention. The Committee notes the Government’s indication that the general labour inspection service is responsible for the enforcement of the provisions giving effect to the Convention. It also notes that, under section 187(1) of the Labour Code, the function of the labour inspectorate is to enforce legal provisions respecting conditions of work and the protection of workers in the performance of their work, including provisions respecting the employment of children. Furthermore, section 192 of the Labour Code determines the responsibilities of labour inspectors attached to the general labour inspectorate. The Committee requests the Government to provide information on the working of the labour inspection services, particularly with regard to the worst forms of child labour, including extracts of reports or other documents. It also requests the Government to provide information on the consultations held with employers’ and workers’ organizations, in accordance with the provisions of this Article.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes the Government’s indication that programmes of action to eliminate the worst forms of child labour are currently under preparation. The Committee requests the Government to provide information on the programmes of action as soon as they are adopted. Furthermore, it requests the Government to provide information on the consultations held with relevant public institutions and employers’ and workers’ organizations and other concerned groups.

Article 7, paragraph 1. Penalties. The Committee notes that section 326 of the Labour Code establishes penalties for violations of the provisions of section 2 of the Labour Code respecting forced labour and section 3 on the worst forms of child labour. The Committee notes that the penalties for offences as serious as forced labour, trafficking, use of children for prostitution, pornography and illicit activities, contained in section 326 of the Labour Code, are not sufficiently dissuasive. It urges the Government to take steps to increase the penalties in order to more effectively eliminate the worst forms of child labour. It requests the Government to provide information on the application of these penalties in practice. With regard to prostitution, the Committee requests the Government to provide information on the application in practice of the penalties envisaged in sections 172 and 174bis of the Labour Code, including reports on the number of convictions.

Paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Noting the information provided by the Government, according to which it will be in a position to provide further information to the Office once the Committee to Combat the Worst Forms of Child Labour has finished formulating the national action programmes, the Committee hopes that the Government will be in a position to provide this information in the near future.

Clause (d). Children at special risk. 1. Identification. The Committee notes the information provided by the Government that the members of the Committee to Combat the Worst Forms of Child Labour, in collaboration with employers’ and workers’ organizations and the Ministry of Labour and Social Insurance, will identify children at special risk. The Committee requests the Government to indicate the results achieved in the identification of children at special risk.

2. Street children. The Committee notes that, in its Concluding Observations on the Government’s initial report in July 2001 (CRC/C/15/Add.153, paragraphs 70 and 71), the Committee on the Rights of the Child expressed concern at the high number and difficult situation of children living in or working on the streets. The Committee on the Rights of the Child urged the Government to strengthen its assistance to children living in or working on the streets through, among others, studying the causes and implementing preventive measures, improving the protection of children already in this situation, including through the provision of education and programmes to assist them to leave street life. The Committee considers that children living on the streets are at special risk of the worst forms of child labour. It therefore requests the Government to provide information on the measures adopted or envisaged, particularly with regard to the protection of children living on the streets from the worst forms of child labour, and their rehabilitation and social integration.

3. HIV/AIDS. The Committee notes that, in its Concluding Observations in July 2001 (CRC/C/15/Add.153, paragraphs 52 and 53), the Committee on the Rights of the Child expressed deep concern at the very high number of children affected by HIV/AIDS either through direct infection, including mother-to-child transmission, or following the illness or death of a parent. In this respect, the Committee of Experts notes that, according to the information contained in the Fact Sheet of 2004 on the epidemic prepared by the Joint United Nations Programme on HIV/AIDS (UNAIDS) and the World Health Organization (WHO), there are around 770,000 HIV/AIDS orphans in the Democratic Republic of the Congo. While noting that the Democratic Republic of the Congo is participating in the World Bank HIV/AIDS Programme covering several countries with a view to implementing a national strategic plan to control the epidemic, the Committee of Experts is concerned at the very high number of children affected by HIV/AIDS. The Committee notes that HIV/AIDS has consequences for orphans, who are at increased risk of being engaged in the worst forms of child labour. With reference to the recommendations made by the Committee on the Rights of the Child in July 2001, the Committee requests the Government to make every effort to reduce the incidence of HIV/AIDS by preventing its transmission within the population, and to provide information on the specific time-bound measures taken to improve the situation of these children.

Clause (e). Special situation of girls. The Committee notes that, in its Concluding Observations in July 2001 (CRC/C/15/Add.153, paragraphs 60 and 61), the Committee on the Rights of the Child expressed concern at the low rate of school enrolment of girls, their high drop-out rate and also the high female illiteracy rate, especially in rural areas. The Committee on the Rights of the Child recommended the Government to strengthen its efforts to improve the access of girls to education, including by establishing specific programmes to reduce female illiteracy and information campaigns promoting this right. The Committee of Experts notes the information provided by the Government to the effect that special attention will be accorded to the situation of girls when formulating the various programmes to combat the worst forms of child labour. Considering that education contributes to eliminating many of the worst forms of child labour, the Committee hopes that the Government will take the necessary measures to improve the education system, ensure that children attend school regularly and reduce school drop-out rates, especially among girls.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes that no statistical data on the number of child victims of the worst forms of child labour appear to be available for the Democratic Republic of the Congo. It therefore hopes that the Government will be in a position to provide statistics and information with its next report on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of the infringements reported, the investigations undertaken, prosecutions, convictions and the penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the Government’s first report, as well as the information transmitted by the Confederation of Trade Unions of the Congo, dated 11 May 2005, and supported by the World Confederation of Labour (WCL). Referring to the comments made by the Committee under the Forced Labour Convention, 1930 (No. 29), concerning the sale and trafficking of children for the purposes of sexual exploitation, and particularly prostitution and pornography, the recruitment of child soldiers and work by children in mines (particularly in Kasaï and certain sectors of Lubumbashi), and as the Worst Forms of Child Labour Convention, 1999 (No. 182), deals with these worst forms of labour, the Committee considers that they may be examined more specifically in the context of this Convention. It requests the Government to provide information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (a). 1.  Sale and trafficking of children for sexual exploitation. With reference to its observations under Convention No. 29, the Committee notes that in its initial report to the Committee on the Rights of the Child in August 2000 (CRC/C/3/Add.57, paragraphs 68, 205 and 206), the Government indicated that phenomena such as the trafficking and sale of children for their sexual and commercial exploitation are increasingly widespread in the Democratic Republic of the Congo. Nevertheless, there is no in-depth study or statistics on the subject. The Government also indicated that the causes are mainly of an economic nature, but also of a social, family, political-legal and cultural nature. The Committee further notes that, in its concluding observations, of July 2001 (CRC/C/15/Add.153, paragraphs 68 and 69), the Committee on the Rights of the Child expressed concern at the information on the trading, trafficking, kidnapping and use for pornography of young girls and boys within the territory of the country, or from the Democratic Republic of the Congo to another country, and that it considered it to be of great concern that domestic legislation does not sufficiently protect children from trafficking. The Committee on the Rights of the Child strongly recommended that the Government take urgent measures to end the sale, trafficking and sexual exploitation of children through, among others, the adoption and implementation of appropriate legislation and the use of the criminal justice process to sanction those persons responsible for such practices.

The Committee notes that the Government ratified the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography in November 2001. It also notes that section 67 of the Penal Code prohibits the forceful abduction, restraint or detention of any person. Section 68 prohibits the abduction, restraint or detention of any person for the purpose of sale as slaves or the use of persons placed under their authority for that purpose. As indicated by the Government to the Committee on the Rights of the Child, the provisions of the Penal Code to suppress the sale and trafficking of children for sexual exploitation are not appropriate in view of the extent of the phenomenon. The Committee therefore requests the Government to take the necessary measures, as a matter of urgency, to prohibit in national legislation the sale and trafficking of children under 18 years of age for the purposes of sexual exploitation and to adopt appropriate penalties for contraventions of the prohibition.

2. Forced recruitment of children for use in armed conflict. With reference to its observations under Convention No. 29, the Committee notes that, in her report on the situation of human rights in the Democratic Republic of the Congo in April 2003 (E/CN.4/2003/43, paragraphs 33-36), the United Nations Special Rapporteur indicated that the phenomenon of child soldiers continues to be very disturbing. There is very little demobilization and mass recruitment taking place in the east of the country; according to UNICEF and the NGOs, there are more than 30,000 child soldiers in the Democratic Republic of the Congo. In Uvira, in South Kivu, all the armed groups in the region (RCD/Goma, Maï-Maï, Banyamulenge) continue to recruit children. Children aged under 15 make up a large proportion of the Maï-Maï, the Congolese National Army (ANC) and the Congolese Patriotic Union (UPC). The UPC has on several occasions ordered local communities to "supply children" for the war effort. According to the information transmitted to the Special Rapporteur, many child soldiers are abducted from their families by the various armed groups. They include young girls, who are frequently used as sex slaves for the soldiers. Many of the children are sent to the front.

The Committee also notes that, according to the report of the Secretary-General of the United Nations on children and armed conflict of 9 February 2005 (A/59/695-S/2005/72, paragraphs 15-22), since the establishment of the Transitional Government in the Democratic Republic of the Congo, the Forces armées congolaises (FAC, the armed forces of the former Government), the Mouvement de libération du Congo (MLC), the Rassemblement congolais pour la démocratie-Goma (RCD-Goma), the Rassemblement congolais pour la démocratie-Kisangani/Mouvement de libération (RCD-K/ML), the Rassemblement congolais pour la démocratie-National (RCD-N) and the main Maï-Maï groups represented at the inter-Congolese dialogue have been integrated into the new national army, the Forces armées de la République démocratique du Congo (FARDC). According to the Secretary-General, while this is a positive step, the various military units have yet to be fully integrated. In many cases, the units are only nominally FARDC, and some of them continue to use children. Since the designation of FARDC regional military commanders in October 2003, some 5,000 children, a small number of them girls, have been released from armed forces and groups. The Secretary-General however indicates that, despite some advances, thousands of children remain in the armed forces and armed groups in the Democratic Republic of the Congo, and recruitment, although not systematic, has continued. Although reiterating its commitment to separate all children from the FARDC, the état-major has not yet provided adequate information about the presence of children in its numerous brigades. While some regional and local commanders have released children, no mass release of children has yet taken place.

The Committee notes that the Democratic Republic of the Congo ratified the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict in November 2001. It also notes that Article 184 of the Transitional Constitution provides that no one shall be recruited into the armed forces of the Democratic Republic of the Congo nor take part in a war or hostilities unless he has reached the age of 18 years at the time of recruitment. Furthermore, the Committee notes that the Government has adopted Legislative Decree No. 066 of 9 June 2000 to demobilize and reintegrate vulnerable groups present in the fighting forces (Legislative Decree No. 066). Under the terms of section 1 of Legislative Decree No. 066, an order has been issued to demobilize the vulnerable groups in the Congolese armed forces or other armed groups operating in the Democratic Republic of the Congo and to provide for their socio-economic integration and their integration into their families. Under section 2, the term "vulnerable groups" includes child soldiers, girls or boys aged under 18 years, which constitute a specific group requiring urgent humanitarian intervention.

Despite the action taken by the Government in this field, the Committee expresses particular concern at the current situation of children who are still recruited for armed conflict in the Democratic Republic of the Congo. In this respect, the Committee refers to the United Nations Security Council which, in resolution No. 1493, adopted on 28 July 2003, indicates that it "strongly condemns the continued recruitment and use of children in the hostilities in the Democratic Republic of the Congo, especially in North and South Kivu and in Ituri". With reference to the United Nations Human Rights Commission, which in resolution No. 84, adopted on the 22 April 2004, "urges all the parties (…) to put an end to the recruitment and use of child soldiers, contrary to international law (...)", the Committee requests the Government to provide information on the measures taken to ensure compliance with the legislation applicable in respect of the forced and compulsory recruitment of children for use in armed conflict. It also requests the Government to redouble its efforts to improve the situation. Furthermore, the Committee requests the Government to take measures as a matter of urgency to ensure that young persons under 18 years of age are not forced to take part in armed conflict either in the national armed forces or in rebel groups, and to provide information on any further measures adopted or envisaged for this purpose. The Committee also requests the Government to provide a copy of Legislative Decree No. 066 of 9 June 2000 on the demobilization and reintegration of vulnerable groups present in the fighting forces.

Clause (d). Hazardous work. Mines. In its communication, the Confederation of Trade Unions of the Congo indicates that young persons under 18 years of age are engaged in mineral quarries in the provinces of Katanga and East Kasaï. In this respect, the Committee notes that, in her report on the situation of human rights in the Democratic Republic of the Congo in April 2003 (E/CN.4/2003/43, paragraph 59), the United Nations Special Rapporteur noted that military units recruit children and force them to work, especially to extract natural resources. She adds that NGOs in South Kivu informed her of children being recruited by armed groups to work in mines. The Committee refers to its observations under Convention No. 29, in which it noted the Concluding Observations of the Committee on the Rights of the Child of July 2001 (CRC/C/15/Add.153, paragraphs 66 and 67), according to which many children are at work in dangerous work environments, particularly in the Kasai mines and at certain locations in Lubumbashi. The Committee on the Rights of the Child recommended that the Government take measures to enforce legal protection in both the formal and informal work sectors, including in mines and other harmful environments.

The Committee notes that section 3(2)(d) of the Labour Code prohibits child labour in its worst forms, and particularly work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety, dignity or morals of children. Under the terms of section 1 of Ministerial Order No. 68/13 of 17 May 1968 determining the conditions of work of women and children (Order No. 68/13), it is prohibited for any employer to engage children in work in excess of their strength or exposing them to high occupational risks. The Committee also notes that under section 32 of Order No. 68/13, the extraction of minerals, shale, materials and debris from mines, open cast mines and quarries, as well as earthworks, are prohibited for young persons under 18 years of age. The Committee notes that section 326 of the Labour Code establishes penalties for violations of the provisions of section 3(2)(d) respecting hazardous work. Furthermore, it notes that the Democratic Republic of the Congo participates in the certification scheme for the internal control of diamonds established by the Kimberley Process. The Committee observes that although the legislation is in conformity with the Convention on this point, child labour in mines is a problem in practice. The Committee requests the Government to provide information in relation to the allegations made by the Confederation of Trade Unions of the Congo. It also requests the Government to redouble its efforts to ensure the effective application of the legislation for the protection of children against hazardous types of work, and particularly hazardous work in mines.

Article 7, paragraph 1. Penalties. The Committee recalls that, under Article 7, paragraph 1, of the Convention, the Government has to take all necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including the provision and application of penal sanctions. The Committee therefore requests the Government to indicate the penal provisions relating to: the sale or trafficking of children for sexual exploitation; the forced or compulsory recruitment of children for use in armed conflict; the engagement of children in hazardous work in mines. The Committee also requests the Government to provide information on the number and nature of the infringements reported, the investigations undertaken, legal proceedings initiated, convictions and the penalties applied in practice.

Article 7, paragraph 2. Effective and time-bound measures. Clause (b). Removal of children from the worst forms of child labour and their rehabilitation and social integration. 1. Sale and trafficking of children for sexual exploitation. The Committee notes that, in its concluding observations of July 2001 (CRC/C/15/Add.153, paragraph 69), the Committee on the Rights of the Child recommended to the Government that the police force and border officials should receive special training to help in combating the sale, trafficking and sexual exploitation of children, and that programmes be established to provide assistance, including rehabilitation and social integration, to the child victims of sexual exploitation. The Committee requests the Government to provide information on the measures adopted to ensure the rehabilitation and social integration of young persons under 18 years of age who are victims of sale and trafficking for sexual exploitation.

2. Child soldiers. The Committee notes that the Government, through the Ministries of Human Rights and Defence, has adopted, in collaboration with the National Demobilization and Reintegration Bureau (BUNADER), a national programme of disarmament, demobilization and reintegration of ex-combatants (PNDR). It also notes that a National Commission on Disarmament, Demobilization and Reintegration was established in March 2004. Furthermore, the Committee notes that the Government is participating in the ILO/IPEC interregional project on the prevention and reintegration of children involved in armed conflict, which also covers Burundi, Rwanda, Congo, Philippines, Sri Lanka and Colombia. The objectives of the programme are to prevent the recruitment of children in armed conflict, facilitate their removal and ensure their social integration.

The Committee also notes that, in his report of 9 February 2005 on children and armed conflict (A/59/659-S/2005/72, paragraphs 15-22), the Secretary-General of the United Nations indicated that in early 2004 the Transitional Government adopted a national policy and procedural framework for the disarmament, demobilization and reintegration of children in FARDC and all other armed groups. The National Commission on Disarmament, Demobilization and Reintegration has been actively planning the National Programme of Disarmament, Demobilization and Reintegration with the Military Integration Structure (MONUC), the United Nations country team and NGOs. During the reporting period, MONUC, UNICEF and their child protection partners have been collaborating with the National Commission in the ongoing activities to remove children from the armed forces and armed groups. They have also been pursuing dialogue with the military authorities to advocate and plan the separation of children. In order to do so, direct contacts have been made with field commanders, the Ministry of Defence and the FARDC leadership. Since the designation of FARDC regional military commanders in October 2003, some 5,000 children, a small number of them girls, have been released from armed forces and groups. The planning of reintegration projects has also continued. The Secretary-General adds that in Ituri, some progress has been made through dialogue with various armed groups, as well as through collaborative disarmament, demobilization and reintegration planning by the United Nations country team and NGOs. In May 2004, the Forces armées populaires congolaises (FAPC), the Front nationaliste et intégrationniste (FNI), the Parti pour l’Unité et la sauvegarde du Congo (PUSIC), the Union des patriotes congolais (UPC-Thomas Lubanga faction) and the UPC-Floribert Kisembo faction formally undertook to participate in the disarmament and community reintegration programme, which first became operational in early September 2004. As of mid-December, almost 700 children had passed through this programme. An unspecified number of children had been released from these groups prior to the launching of the programme.

The Committee encourages the Government to continue collaborating with the various bodies involved in the disarmament and community integration process with a view to removing children from armed forces and groups. It requests the Governments to provide information on the impact of the ILO/IPEC interregional programme on the prevention and reintegration of children involved in armed conflict and the results achieved. The Committee also requests the Government to provide information on the time-bound measures taken to ensure the rehabilitation and social integration of the children who are in practice withdrawn from armed forces and groups.

Paragraph 3. Competent authority responsible for the implementation of the provisions giving effect to the Convention. The Committee notes the Government’s indication that the Ministry of Labour and Social Insurance, through the Committee to Combat Child Labour, is responsible for the implementation of the provisions giving effect to the Convention. The Government adds that the Committee to Combat Child Labour will formulate a national strategy, monitor its implementation and evaluate the effect given to the measures recommended. However, the Committee notes that in its communication the Confederation of Trade Unions of the Congo states that, although section 4 of the Labour Code provides for the establishment of a Committee to Combat Child Labour, it has never been created. The Committee requests the Government to provide information relating to the allegations of the Confederation of Trade Unions of the Congo. It also requests the Government to provide information on the national strategy formulated by the Committee to Combat Child Labour and to provide a copy when it has been adopted.

Article 8. Enhanced international cooperation and assistance. The Committee notes that the Democratic Republic of the Congo is a member of Interpol, the organization which assists in cooperation between countries in the various regions, in fields such as combating the trafficking of children. It also notes, according to World Bank information, that the Government has been preparing a Poverty Reduction Strategy Paper (PSRP) since 2002, with the development phase of the strategy due to begin in 2005. Recalling that poverty reduction programmes contribute to breaking the vicious circle of poverty, which is essential for the elimination of the worst forms of child labour, the Committee requests the Government to provide information on any significant impact of the PRSP on the elimination of the worst forms of child labour, and particularly on the sale and trafficking of children for sexual exploitation, the forced recruitment of children for use in armed conflict and the performance of hazardous work in mines.

The Committee is also raising other points in a request addressed directly to the Government.