Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

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)

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 and Part V of the report form. National policy and practical application of the Convention. The Committee noted that, according to the ILO’s statistics for the year 2000, 960,000 children aged between 10 and 14 years were economically active. Of this number, 510,000 were boys and 450,000 were girls. The Committee noted that, in its concluding observations on the initial report of Congo of October 2006 (CRC/C/COG/CO/1, paragraphs 79–80), the Committee on the Rights of the Child was concerned at the lack of data on the issue of economic exploitation of children. It has also expressed concern at information according to which children, in particular, indigenous children, are exploited economically. The Committee on the Rights of the Child urged Congo to develop and implement a comprehensive plan of action to prevent and combat child labour. Noting the absence of information on this point in the Government’s report, the Committee once again expressed its concern at the situation of young children who are forced to work out of personal necessity in Congo. Consequently, the Committee urges the Government to take measures in the short and medium term to gradually improve this situation, in particular, through the adoption of a national policy ensuring the effective abolition of child labour. The Committee also requests the Government to provide information on the way in which the Convention is applied in practice, including, for example, statistical data, disaggregated by gender and age, on the nature, extent and evolution of the labour performed by working children and young persons under the minimum age specified by the Government at the time of ratification, as well as extracts from inspection service reports.

Article 2(1). Scope of application. In its previous comments, the Committee noted that the Labour Code only applies to an employment relationship. The Committee recalled that the Convention applies to all branches of economic activity or work, whether it is carried out on the basis of an employment relationship or not and whether it is remunerated or not. Noting the absence of information in the Government’s report, the Committee once again requests the Government to provide information on the manner in which children not bound by an employment relationship, such as those who are self-employed, benefit from the protection laid down by the Convention. In this regard, the Committee asks the Government to envisage the possibility of taking measures to adapt and reinforce the labour inspection services to ensure the application of this protection.

Article 2(3). Age of completion of compulsory schooling. The Committee noted that, by virtue of section 23 of the Constitution, schooling is compulsory until the age of 16 years. The Committee noted that, in its concluding observations on the second periodic report of Congo (E/C.12/1/Add.45, paragraph 23), the Committee on Economic, Social and Cultural Rights considered that, although Congo used to have quite a developed education system, it has seriously deteriorated as a result of economic mismanagement, the shortage of resources and political unrest. Furthermore, there are fewer children enrolling in school and there is a shortage of teachers and teaching materials. The Committee had also noted that, according to ILO statistics for Congo for the year 2000, a high number of children between 10 and 14 years, namely 960,000 children, are economically active in one way or another.

The Committee noted that, in its concluding observations of October 2006 (CRC/C/COG/CO/1, paragraphs 68–69), the Committee on the Rights of the Child expressed its concern at the large number of repetition and drop-outs, overcrowded schools and low attendance in secondary school. The Committee on the Rights of the Child was also concerned about the low number of children graduating from primary school and the lack of vocational training for children, in particular, those who drop out of school. Finally, it expressed its concern at the limited access of indigenous children to education. The Committee notes that, according to the Education for All Global Monitoring Report of 2008, published by UNESCO and titled “Education for All in 2015: Will We Make It?”, Congo has progressed in terms of gross ratios of admission to primary education and has a high chance of achieving the target of universal literacy by 2015. However, according to this report, Congo is at risk of not achieving the objective of gender parity in secondary education. Furthermore, more than 20 per cent of primary school students repeat a school year. The Committee further noted that, according to the information available on the UNICEF website (www.unicef.org/infobycountry/congo
_statistics.html), the 2005–06 net primary school enrolment ratios are 48 per cent for girls and 40 per cent for boys. The net enrolment ratios for secondary school are not available.

While noting that some progress was made as concerns the gross primary school enrolment rates, the Committee nevertheless observed that these ratios remain low. The Committee pointed out that poverty is one of the main causes of child labour which, combined with a weak education system, hampers the development of children. Considering that compulsory schooling is one of the most effective means of combating child labour, the Committee encourages the Government to redouble its efforts to improve the education system in Congo. In this regard, it requests the Government to provide information on the measures taken to increase school attendance, at both primary and secondary levels, and reduce school drop-out rates and repetition rates, by paying special attention to inequalities in access to education based on gender or ethnic and socio-economic criteria. The Committee further requests the Government to intensify its efforts to combat child labour by strengthening the measures permitting working children to enter the school system, formal or informal, or vocational training, as long as the minimum age criteria are respected.

Article 3(2). Determination of types of hazardous work. In its previous comments, the Committee had noted that section 4 of Order No. 2224 of 24 October 1953, setting employment exemptions for young workers, as well as the nature of the work and the categories of enterprises prohibited to young persons and the age limit of the prohibition (hereinafter Order No. 2224), prohibits the employment of young persons under 18 years in hazardous work. The Committee had also noted that this very same provision includes a list of types of hazardous work. It had noted, however, that Order No. 2224 was adopted over 50 years ago. Noting that the Government does not provide information on this issue, the Committee once again refers to the provisions of paragraph 10(2) of the Minimum Age Recommendation, 1973 (No. 146), which invites the Government to re-examine periodically and revise as necessary the list of the types of employment or work to which Article 3 of the Convention applies, particularly in the light of advancing scientific and technological knowledge. In this regard, the Committee once again requests the Government to indicate whether Order No. 2224 is still in effect. If so, it requests the Government to indicate if it plans to take to take measures to revise the list of hazardous work included in Order No. 2224.

Article 3(3). Admission to hazardous work from the age of 16 years. The Committee had previously noted that, by virtue of section 5 of Order No. 2224, the employment of young workers under the age of 16 years is prohibited with regard to the following types of work: (1) physical work involving pedals, wheels, cranks, levers, jigs, manually operated winnowing machines; (2) the use and feeding of circular, ribbon and multi-blade saws, work involving shears, or mechanical cutting blades and grindstones; and (3) work on buildings, except for finishing work not necessitating the use of scaffolding. The Committee had also noted that, under the terms of section 7 of Order No. 2224, the labour and social legislation inspectors may require that any young worker undergo a medical examination in order to determine whether the work in which they are employed exceeds their capacities. When it has been proven that the young worker is not physically apt for the work in which he is employed, he must be transferred to a post corresponding to his physical capacities or made redundant without any blame being attached to him. The Committee had noted that the condition contained in Article 3(3) of the Convention to the effect that the health, safety and morals of young persons aged between 16 and 18 years authorized to carry out hazardous work shall be protected, is met by the provisions mentioned above. It had recalled, however, that Article 3(3) of the Convention also requires that young persons aged between 16 and 18 years shall receive specific instruction or vocational training in the relevant branch of activity. The Committee observed that the Government’s report contains no information in this regard. The Committee thus once again requests the Government to provide information on the measures taken or envisaged in order to ensure that young people aged between 16 and 18 years who are authorized to carry out the abovementioned hazardous work, shall receive specific instruction or vocational training in the relevant branch of activity.

Article 7. Light work. In its previous comments, the Committee had noted that, under the terms of section 2 of Order No. 2224, children aged 12 may carry out the following work: (a) light domestic tasks forming part of the work of a scullion, an assistant cook, a “small boy” or a child-minder; (b) picking, gathering or sorting work performed in agricultural undertakings, with the health and safety of children being guaranteed; and (c) light work of a non-industrial character, subject to the approval of the labour and social legislation inspector, and under the condition that such work can only be carried out by children. The Committee had also noted that, by virtue of articles 10 and 11 of Order No. 2224, the consent of the parents or guardians is required for the admission to employment of a child between ages 12 and 14. The labour and social legislation inspector or his legal deputy must also give his written permission, upon presentation of a medical certificate. The Committee had recalled that, apart from the activities for which light work may be authorized, Article 7(3) of the Convention provides that the competent authority shall prescribe the number of hours during which and the conditions in which such employment or work may be undertaken. Noting the absence of information in the Government’s report, the Committee once again requests the Government to indicate the measures taken or envisaged with regard to provisions determining the conditions in which such employment or work may be undertaken by a child between ages 12 and 14.

Finally, the Committee noted the information supplied by the Government in its report under Convention No. 182 according to which a Labour Code pilot study is currently being drafted. The Committee expresses the hope that the Government will take the necessary measures to include the abovementioned issues in the draft Labour Code pilot study and requests it to provide information on any new progress made in this regard.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

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 and Part V of the report form. National policy and practical application of the Convention. The Committee noted that, according to the ILO’s statistics for the year 2000, 960,000 children aged between 10 and 14 years were economically active. Of this number, 510,000 were boys and 450,000 were girls. The Committee notes that, in its concluding observations on the initial report of Congo of October 2006 (CRC/C/COG/CO/1, paragraphs 79–80), the Committee on the Rights of the Child was concerned at the lack of data on the issue of economic exploitation of children. It has also expressed concern at information according to which children, in particular, indigenous children, are exploited economically. The Committee on the Rights of the Child urged Congo to develop and implement a comprehensive plan of action to prevent and combat child labour. Noting the absence of information on this point in the Government’s report, the Committee once again expresses its concern at the situation of young children who are forced to work out of personal necessity in Congo. Consequently, the Committee urges the Government to take measures in the short and medium term to gradually improve this situation, in particular, through the adoption of a national policy ensuring the effective abolition of child labour. The Committee also requests the Government to provide information on the way in which the Convention is applied in practice, including, for example, statistical data, disaggregated by gender and age, on the nature, extent and evolution of the labour performed by working children and young persons under the minimum age specified by the Government at the time of ratification, as well as extracts from inspection service reports.

Article 2, paragraph 1. Scope of application. In its previous comments, the Committee noted that the Labour Code only applies to an employment relationship. The Committee recalled that the Convention applies to all branches of economic activity or work, whether it is carried out on the basis of an employment relationship or not and whether it is remunerated or not. Noting the absence of information in the Government’s report, the Committee once again requests the Government to provide information on the manner in which children not bound by an employment relationship, such as those who are self-employed, benefit from the protection laid down by the Convention. In this regard, the Committee asks the Government to envisage the possibility of taking measures to adapt and reinforce the labour inspection services to ensure the application of this protection.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee noted that, by virtue of section 23 of the Constitution, schooling is compulsory until the age of 16 years. The Committee noted that, in its concluding observations on the second periodic report of Congo (E/C.12/1/Add.45, paragraph 23), the Committee on Economic, Social and Cultural Rights considered that, although Congo used to have quite a developed education system, it has seriously deteriorated as a result of economic mismanagement, the shortage of resources and political unrest. Furthermore, there are fewer children enrolling in school and there is a shortage of teachers and teaching materials. The Committee had also noted that, according to ILO statistics for Congo for the year 2000, a high number of children between 10 and 14 years, namely 960,000 children, are economically active in one way or another.

The Committee notes that, in its concluding observations of October 2006 (CRC/C/COG/CO/1, paragraphs 68–69), the Committee on the Rights of the Child expressed its concern at the large number of repetition and drop-outs, overcrowded schools and low attendance in secondary school. The Committee on the Rights of the Child was also concerned about the low number of children graduating from primary school and the lack of vocational training for children, in particular, those who drop out of school. Finally, it expressed its concern at the limited access of indigenous children to education. The Committee notes that, according to the Education for All Global Monitoring Report of 2008, published by UNESCO and titled “Education for All in 2015: Will We Make It?”, Congo has progressed in terms of gross ratios of admission to primary education and has a high chance of achieving the target of universal literacy by 2015. However, according to this report, Congo is at risk of not achieving the objective of gender parity in secondary education. Furthermore, more than 20 per cent of primary school students
repeat a school year. The Committee further notes that, according to
the information available on the UNICEF web site (www.unicef.org/infobycountry/congo_statistics.html), the 2005–06 net primary school enrolment ratios are 48 per cent for girls and 40 per cent for boys. The net enrolment ratios for secondary school are not available.

While noting that some progress was made as concerns the gross primary school enrolment rates, the Committee nevertheless observes that these ratios remain low. The Committee points out that poverty is one of the main causes of child labour which, combined with a weak education system, hampers the development of children. Considering that compulsory schooling is one of the most effective means of combating child labour, the Committee encourages the Government to redouble its efforts to improve the education system in Congo. In this regard, it requests the Government to provide information on the measures taken to increase school attendance, at both primary and secondary levels, and reduce school drop-out rates and repetition rates, by paying special attention to inequalities in access to education based on gender or ethnic and socio-economic criteria. The Committee further requests the Government to intensify its efforts to combat child labour by strengthening the measures permitting working children to enter the school system, formal or informal, or vocational training, as long as the minimum age criteria are respected.

Article 3, paragraph 2. Determination of types of hazardous work. In its previous comments, the Committee had noted that section 4 of Order No. 2224 of 24 October 1953, setting employment exemptions for young workers, as well as the nature of the work and the categories of enterprises prohibited to young persons and the age limit of the prohibition (hereinafter Order No. 2224), prohibits the employment of young persons under 18 years in hazardous work. The Committee had also noted that this very same provision includes a list of types of hazardous work. It had noted, however, that Order No. 2224 was adopted over 50 years ago. Noting that the Government does not provide information on this issue, the Committee once again refers to the provisions of paragraph 10(2) of the Minimum Age Recommendation, 1973 (No. 146), which invites the Government to re-examine periodically and revise as necessary the list of the types of employment or work to which Article 3 of the Convention applies, particularly in the light of advancing scientific and technological knowledge. In this regard, the Committee once again requests the Government to indicate whether Order No. 2224 is still in effect. If so, it requests the Government to indicate if it plans to take to take measures to revise the list of hazardous work included in Order No. 2224.

Article 3, paragraph 3. Admission to hazardous work from the age of 16 years. The Committee had previously noted that, by virtue of section 5 of Order No. 2224, the employment of young workers under the age of 16 years is prohibited with regard to the following types of work: (1) physical work involving pedals, wheels, cranks, levers, jigs, manually operated winnowing machines; (2) the use and feeding of circular, ribbon and multi-blade saws, work involving shears, or mechanical cutting blades and grindstones; and (3) work on buildings, except for finishing work not necessitating the use of scaffolding. The Committee had also noted that, under the terms of section 7 of Order No. 2224, the labour and social legislation inspectors may require that any young worker undergo a medical examination in order to determine whether the work in which they are employed exceeds their capacities. When it has been proven that the young worker is not physically apt for the work in which he is employed, he must be transferred to a post corresponding to his physical capacities or made redundant without any blame being attached to him. The Committee had noted that the condition contained in Article 3(3) of the Convention to the effect that the health, safety and morals of young persons aged between 16 and 18 years authorized to carry out hazardous work shall be protected, is met by the provisions mentioned above. It had recalled, however, that Article 3(3) of the Convention also requires that young persons aged between 16 and 18 years shall receive specific instruction or vocational training in the relevant branch of activity. The Committee observes that the Government’s report contains no information in this regard. The Committee thus once again requests the Government to provide information on the measures taken or envisaged in order to ensure that young people aged between 16 and 18 years who are authorized to carry out the abovementioned hazardous work, shall receive specific instruction or vocational training in the relevant branch of activity.

Article 7. Light work. In its previous comments, the Committee had noted that, under the terms of section 2 of Order No. 2224, children aged 12 may carry out the following work: (a) light domestic tasks forming part of the work of a scullion, an assistant cook, a “small boy” or a child-minder; (b) picking, gathering or sorting work performed in agricultural undertakings, with the health and safety of children being guaranteed; and (c) light work of a non-industrial character, subject to the approval of the labour and social legislation inspector, and under the condition that such work can only be carried out by children. The Committee had also noted that, by virtue of articles 10 and 11 of Order No. 2224, the consent of the parents or guardians is required for the admission to employment of a child between ages 12 and 14. The labour and social legislation inspector or his legal deputy must also give his written permission, upon presentation of a medical certificate. The Committee had recalled that, apart from the activities for which light work may be authorized, Article 7(3) of the Convention provides that the competent authority shall prescribe the number of hours during which and the conditions in which such employment or work may be undertaken. Noting the absence of information in the Government’s report, the Committee once again requests the Government to indicate the measures taken or envisaged with regard to provisions determining the conditions in which such employment or work may be undertaken by a child between ages 12 and 14.

Finally, the Committee notes the information supplied by the Government in its report under Convention No. 182 according to which a Labour Code pilot study is currently being drafted. The Committee expresses the hope that the Government will take the necessary measures to include the abovementioned issues in the draft Labour Code pilot study and requests it to provide information on any new progress made in this regard.

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

The Committee notes the Government’s second report and draws its attention to the following points.

Article 1 of the Convention and Part V of the report form. National policy and practical application of the Convention. The Committee noted that, according to the ILO’s statistics for the year 2000, 960,000 children aged between 10 and 14 years were economically active. Of this number, 510,000 were boys and 450,000 were girls. The Committee notes that, in its concluding observations on the initial report of Congo of October 2006 (CRC/C/COG/CO/1, paragraphs 79–80), the Committee on the Rights of the Child was concerned at the lack of data on the issue of economic exploitation of children. It has also expressed concern at information according to which children, in particular, indigenous children, are exploited economically. The Committee on the Rights of the Child urged Congo to develop and implement a comprehensive plan of action to prevent and combat child labour. Noting the absence of information on this point in the Government’s report, the Committee once again expresses its concern at the situation of young children who are forced to work out of personal necessity in Congo. Consequently, the Committee urges the Government to take measures in the short and medium term to gradually improve this situation, in particular, through the adoption of a national policy ensuring the effective abolition of child labour. The Committee also requests the Government to provide information on the way in which the Convention is applied in practice, including, for example, statistical data, disaggregated by gender and age, on the nature, extent and evolution of the labour performed by working children and young persons under the minimum age specified by the Government at the time of ratification, as well as extracts from inspection service reports.

Article 2, paragraph 1. Scope of application. In its previous comments, the Committee noted that the Labour Code only applies to an employment relationship. The Committee recalled that the Convention applies to all branches of economic activity or work, whether it is carried out on the basis of an employment relationship or not and whether it is remunerated or not. Noting the absence of information in the Government’s report, the Committee once again requests the Government to provide information on the manner in which children not bound by an employment relationship, such as those who are self-employed, benefit from the protection laid down by the Convention. In this regard, the Committee asks the Government to envisage the possibility of taking measures to adapt and reinforce the labour inspection services to ensure the application of this protection.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee noted that, by virtue of section 23 of the Constitution, schooling is compulsory until the age of 16 years. The Committee noted that, in its concluding observations on the second periodic report of Congo (E/C.12/1/Add.45, paragraph 23), the Committee on Economic, Social and Cultural Rights considered that, although Congo used to have quite a developed education system, it has seriously deteriorated as a result of economic mismanagement, the shortage of resources and political unrest. Furthermore, there are fewer children enrolling in school and there is a shortage of teachers and teaching materials. The Committee had also noted that, according to ILO statistics for Congo for the year 2000, a high number of children between 10 and 14 years, namely 960,000 children, are economically active in one way or another.

The Committee notes that, in its concluding observations of October 2006 (CRC/C/COG/CO/1, paragraphs 68–69), the Committee on the Rights of the Child expressed its concern at the large number of repetition and drop-outs, overcrowded schools and low attendance in secondary school. The Committee on the Rights of the Child was also concerned about the low number of children graduating from primary school and the lack of vocational training for children, in particular, those who drop out of school. Finally, it expressed its concern at the limited access of indigenous children to education. The Committee notes that, according to the Education for All Global Monitoring Report of 2008, published by UNESCO and titled “Education for All in 2015: Will We Make It?”, Congo has progressed in terms of gross ratios of admission to primary education and has a high chance of achieving the target of universal literacy by 2015. However, according to this report, Congo is at risk of not achieving the objective of gender parity in secondary education. Furthermore, more than 20 per cent of primary school students repeat a school year. The Committee further notes that, according to the information available on the UNICEF web site (http://www.unicef.org/infobycountry/congo_statistics.html), the 2005–06 net primary school enrolment ratios are 48 per cent for girls and 40 per cent for boys. The net enrolment ratios for secondary school are not available.

While noting that some progress was made as concerns the gross primary school enrolment ratios, the Committee nevertheless observes that these ratios remain low. The Committee points out that poverty is one of the main causes of child labour which, combined with a weak education system, hampers the development of children. Considering that compulsory schooling is one of the most effective means of combating child labour, the Committee encourages the Government to redouble its efforts to improve the education system in Congo. In this regard, it requests the Government to provide information on the measures taken to increase school attendance, at both primary and secondary levels, and reduce school drop-out rates and repetition rates, by paying special attention to inequalities in access to education based on gender or ethnic and socio-economic criteria. The Committee further requests the Government to intensify its efforts to combat child labour by strengthening the measures permitting working children to enter the school system, formal or informal, or vocational training, as long as the minimum age criteria are respected.

Article 3, paragraph 2. Determination of types of hazardous work. In its previous comments, the Committee had noted that section 4 of Order No. 2224 of 24 October 1953, setting employment exemptions for young workers, as well as the nature of the work and the categories of enterprises prohibited to young persons and the age limit of the prohibition (hereinafter Order No. 2224), prohibits the employment of young persons under 18 years in hazardous work. The Committee had also noted that this very same provision includes a list of types of hazardous work. It had noted, however, that Order No. 2224 was adopted over 50 years ago. Noting that the Government does not provide information on this issue, the Committee once again refers to the provisions of paragraph 10(2) of the Minimum Age Recommendation, 1973 (No. 146), which invites the Government to re-examine periodically and revise as necessary the list of the types of employment or work to which Article 3 of the Convention applies, particularly in the light of advancing scientific and technological knowledge. In this regard, the Committee once again requests the Government to indicate whether Order No. 2224 is still in effect. If so, it requests the Government to indicate if it plans to take to take measures to revise the list of hazardous work included in Order No. 2224.

Article 3, paragraph 3. Admission to hazardous work from the age of 16 years. The Committee had previously noted that, by virtue of section 5 of Order No. 2224, the employment of young workers under the age of 16 years is prohibited with regard to the following types of work: (1) physical work involving pedals, wheels, cranks, levers, jigs, manually operated winnowing machines; (2) the use and feeding of circular, ribbon and multi-blade saws, work involving shears, or mechanical cutting blades and grindstones; and (3) work on buildings, except for finishing work not necessitating the use of scaffolding. The Committee had also noted that, under the terms of section 7 of Order No. 2224, the labour and social legislation inspectors may require that any young worker undergo a medical examination in order to determine whether the work in which they are employed exceeds their capacities. When it has been proven that the young worker is not physically apt for the work in which he is employed, he must be transferred to a post corresponding to his physical capacities or made redundant without any blame being attached to him. The Committee had noted that the condition contained in Article 3, paragraph 3 of the Convention to the effect that the health, safety and morals of young persons aged between 16 and 18 years authorized to carry out hazardous work shall be protected, is met by the provisions mentioned above. It had recalled, however, that Article 3, paragraph 3, of the Convention also requires that young persons aged between 16 and 18 years shall receive specific instruction or vocational training in the relevant branch of activity. The Committee observes that the Government’s report contains no information in this regard. The Committee thus once again requests the Government to provide information on the measures taken or envisaged in order to ensure that young people aged between 16 and 18 years who are authorized to carry out the abovementioned hazardous work, shall receive specific instruction or vocational training in the relevant branch of activity.

Article 7. Light work. In its previous comments, the Committee had noted that, under the terms of section 2 of Order No. 2224, children aged 12 may carry out the following work: (a) light domestic tasks forming part of the work of a scullion, an assistant cook, a “small boy” or a child-minder; (b) picking, gathering or sorting work performed in agricultural undertakings, with the health and safety of children being guaranteed; and (c) light work of a non-industrial character, subject to the approval of the labour and social legislation inspector, and under the condition that such work can only be carried out by children. The Committee had also noted that, by virtue of articles 10 and 11 of Order No. 2224, the consent of the parents or guardians is required for the admission to employment of a child between ages 12 and 14. The labour and social legislation inspector or his legal deputy must also give his written permission, upon presentation of a medical certificate. The Committee had recalled that, apart from the activities for which light work may be authorized, Article 7, paragraph 3, of the Convention provides that the competent authority shall prescribe the number of hours during which and the conditions in which such employment or work may be undertaken. Noting the absence of information in the Government’s report, the Committee once again requests the Government to indicate the measures taken or envisaged with regard to provisions determining the conditions in which such employment or work may be undertaken by a child between ages 12 and 14.

Finally, the Committee notes the information supplied by the Government in its report under Convention No. 182 according to which a Labour Code pilot study is currently being drafted. The Committee expresses the hope that the Government will take the necessary measures to include the abovementioned issues in the draft Labour Code pilot study and requests it to provide information on any new progress made in this regard.

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 2, paragraph 1, of the Convention. Scope of application. The Committee noted that, by virtue of section 2 of Act No. 45-75 of 15 March 1975 instituting the Labour Code [hereafter Labour Code], “any person is held to be a worker who, regardless of sex and nationality, has undertaken to place his or her occupational activity, in return for remuneration, under the direction and authority of another physical or moral, public or private person […]”. The Committee noted that, by virtue of this provision, the Labour Code only applies to an employment relationship. The Committee recalled that the Convention applies to all branches of economic activity or work, whether it is carried out on the basis of an employment relationship or not and whether it is remunerated or not. The Committee therefore requests the Government to provide information on the manner in which children not bound by an employment relationship, such as those who are self-employed, benefit from the Convention. To the extent that section 264 of the Labour Code states that provisions that are contrary to the Code are repealed, the Committee requests the Government to indicate whether Order No. 2224, which authorizes children below 14 years of age to work in family enterprises, is still in force.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee noted that, by virtue of section 23 of the Constitution, schooling is compulsory until the age of 16 years. The Committee noted that, in its concluding observations on the second periodic report of Congo (E/C.12/1/Add.45, paragraph 23), the Committee on Economic, Social and Cultural Rights was profoundly dissatisfied with the education system in Congo. Although Congo used to have quite a developed education system, it has seriously deteriorated as a result of economic mismanagement, the shortage of resources and political unrest. According to the Government delegation, there are fewer children enrolling in school, a shortage of teachers and teaching materials, and the school buildings are in a deplorable state. It also notes that, according to ILO statistics for Congo for the year 2000, a high number of children between 10 and 14 years, namely 960,000 children, are economically activity in one way or another. The Committee considered that compulsory schooling is one of the most effective means of combating child labour. Consequently, in order to prevent child labour, the Committee request the Government to provide information on the measures taken or envisaged to increase school attendance and reduce school drop-out rates. It also requests the Government to indicate in what way compulsory schooling is followed up in practice and to provide information on school enrolment and attendance rates.

Article 3, paragraph 2. Determination of types of hazardous work. The Committee noted that section 4 of Order No. 2224 of 24 October 1953, setting employment exemptions for young workers, as well as the nature of the work and the categories of enterprises prohibited to young persons and the age limit of the prohibition [hereinafter Order No. 2224], prohibits the employment of young persons under 18 years in hazardous work. The Committee also noted that this very same provision includes a list of types of hazardous work. It notes, however, that Order No. 2224 was adopted over 50 years ago. It refers to the provisions of Paragraph 10(2) of the Minimum Age Recommendation, 1973 (No. 146), which invites the Government to re-examine periodically and revise as necessary the list of the types of employment or work to which Article 3 of the Convention applies, particularly in the light of advancing scientific and technological knowledge.

Article 3, paragraph 3. Admission to hazardous work from the age of 16 years. The Committee noted that, by virtue of section 5 of Order No. 2224, the employment of young workers under the age of 16 years is prohibited with regard to the following types of work: (1) physical work involving pedals, wheels, cranks, levers, jigs, manually operated winnowing machines; (2) the use and feeding of circular, ribbon and multi-blade saws, work involving shears, or mechanical cutting blades and grindstones; and (3) work on buildings, except for finishing work not necessitating the use of scaffolding. The Committee also noted that, under the terms of section 7 of Order No. 2224, the labour and social legislation inspectors may require that any young worker undergo a medical examination in order to determine whether the work in which they are employed exceeds their capacities. When it has been proven that the young worker is not physically apt for the work in which he is employed, he must be transferred to a post corresponding to his physical capacities or made redundant without any blame being attached to him. The Committee noted that the condition contained in Article 3, paragraph 3, of the Convention to the effect that the health, safety and morals of young persons aged between 16 and 18 years authorized to carry out hazardous work shall be protected, is met by the provisions mentioned above. It recalled, however, that Article 3, paragraph 3, of the Convention, also requires that young persons aged between 16 and 18 years shall receive specific instruction or vocational training in the relevant branch of activity. The Committee thus requests the Government to provide information on the measures taken or envisaged in order to ensure that young people aged between 16 and 18 years who are authorized to carry out the abovementioned hazardous work shall receive specific instruction or vocational training in the relevant branch of activity.

Article 7. Light work. The Committee noted that the Government has not availed itself of this provision of the Convention. The Committee noted however that, under the terms of section 2 of Order No. 2224, children aged 12 may carry out the following work: (a) light domestic tasks forming part of the work of a scullion, an assistant cook, a “small boy” or a child-minder; (b) picking, gathering or sorting work performed in agricultural undertakings, with the health and safety of children being guaranteed; and (c) light work of a non-industrial character, subject to the approval of the Labour and Social Legislation Inspector, and under the condition that such work can only be carried out by children. The Committee also noted that, by virtue of articles 10 and 11 of Order No. 2224, the consent of the parents or guardians is required for the admission to employment of a child between ages 12 and 14. The labour and social legislation inspector or his legal deputy must also give his written permission, upon presentation of a medical certificate. The Committee recalled that, apart from the activities for which light work may be authorized, Article 7, paragraph 3, of the Convention provides that the competent authority shall prescribe the number of hours during which and the conditions in which such employment or work may be undertaken. The Committee thus requests the Government to indicate the measures taken or envisaged with regard to provisions determining the conditions in which such employment or work may be undertaken by a child between ages 12 and 14.

Article 1 and Part V of the report form. Practical application of the Convention. The Committee noted that, according to the ILO’s statistics for the year 2000, 960,000 children aged between 10 and 14 years were economically active. Of this number, 510,000 were boys and 450,000 were girls. The Committee was concerned at the situation of young children who are forced to work out of personal necessity in Congo. It requests the Government to provide information on measures taken or envisaged in the short and medium term to gradually improve this situation, in particular through the adoption of a national policy ensuring the effective abolition of child labour. The Committee also invites the Government to provide specific information on the way in which the Convention is applied in practice, including, for example, statistical data on the employment of children and young persons, extracts from inspection service reports and information on the number and nature of infringements.

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 2, paragraph 1, of the Convention. Scope of application. The Committee notes that, by virtue of section 2 of Act No. 45-75 of 15 March 1975 instituting the Labour Code [hereafter Labour Code], “any person is held to be a worker who, regardless of sex and nationality, has undertaken to place his or her occupational activity, in return for remuneration, under the direction and authority of another physical or moral, public or private person […]”. The Committee notes that, by virtue of this provision, the Labour Code only applies to an employment relationship. The Committee recalls that the Convention applies to all branches of economic activity or work, whether it is carried out on the basis of an employment relationship or not and whether it is remunerated or not. The Committee therefore requests the Government to provide information on the manner in which children not bound by an employment relationship, such as those who are self-employed, benefit from the Convention. To the extent that section 264 of the Labour Code states that provisions that are contrary to the Code are repealed, the Committee requests the Government to indicate whether Order No. 2224, which authorizes children below 14 years of age to work in family enterprises, is still in force.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee notes that, by virtue of section 23 of the Constitution, schooling is compulsory until the age of 16 years. The Committee notes that, in its concluding observations on the second periodic report of Congo (E/C.12/1/Add.45, paragraph 23), the Committee on Economic, Social and Cultural Rights was profoundly dissatisfied with the education system in Congo. Although Congo used to have quite a developed education system, that has seriously deteriorated as a result of economic mismanagement, the shortage of resources and political unrest. According to the Government delegation, there are fewer children enrolling in school, a shortage of teachers and teaching materials, and the school buildings are in a deplorable state. It also notes that, according to ILO statistics for Congo for the year 2000, a high number of children between 10 and 14 years, namely 960,000 children, are economically activity in one way or another. The Committee considers that compulsory schooling is one of the most effective means of combating child labour. Consequently, in order to prevent child labour, the Committee request the Government to provide information on the measures taken or envisaged to increase school attendance and reduce school drop-out rates. It also requests the Government to indicate in what way compulsory schooling is followed up in practice and to provide information on school enrolment and attendance rates.

Article 3, paragraph 2. Determination of types of hazardous work. The Committee notes that section 4 of Order No. 2224 of 24 October 1953, setting employment exemptions for young workers, as well as the nature of the work and the categories of enterprises prohibited to young persons and the age limit of the prohibition [hereinafter Order No. 2224], prohibits the employment of young persons under 18 years in hazardous work. The Committee also notes that this very same provision includes a list of types of hazardous work. It notes, however, that Order No. 2224 was adopted over 50 years ago. It refers to the provisions of Paragraph 10(2) of the Minimum Age Recommendation, 1973 (No. 146), which invites the Government to re-examine periodically and revise as necessary the list of the types of employment or work to which Article 3 of the Convention applies, particularly in the light of advancing scientific and technological knowledge.

Article 3, paragraph 3. Admission to hazardous work from the age of 16 years. The Committee notes that, by virtue of section 5 of Order No. 2224, the employment of young workers under the age of 16 years is prohibited with regard to the following types of work: (1) physical work involving pedals, wheels, cranks, levers, jigs, manually operated winnowing machines; (2) the use and feeding of circular, ribbon and multi-blade saws, work involving shears, or mechanical cutting blades and grindstones; and (3) work on buildings, except for finishing work not necessitating the use of scaffolding. The Committee also notes that, under the terms of section 7 of Order No. 2224, the labour and social legislation inspectors may require that any young worker undergo a medical examination in order to determine whether the work in which they are employed exceeds their capacities. When it has been proven that the young worker is not physically apt for the work in which he is employed, he must be transferred to a post corresponding to his physical capacities or made redundant without any blame being attached to him. The Committee notes that the condition contained in Article 3, paragraph 3, of the Convention to the effect that the health, safety and morals of young persons aged between 16 and 18 years authorized to carry out hazardous work shall be protected, is met by the provisions mentioned above. It recalls, however, that Article 3, paragraph 3, of the Convention, also requires that young persons aged between 16 and 18 years shall receive specific instruction or vocational training in the relevant branch of activity. The Committee thus requests the Government to provide information on the measures taken or envisaged in order to ensure that young people aged between 16 and 18 years who are authorized to carry out the abovementioned hazardous work shall receive specific instruction or vocational training in the relevant branch of activity.

Article 7. Light work. The Committee notes that the Government has not availed itself of this provision of the Convention. The Committee notes however that, under the terms of section 2 of Order No. 2224, children aged 12 may carry out the following work: (a) light domestic tasks forming part of the work of a scullion, an assistant cook, a “small boy” or a child-minder; (b) picking, gathering or sorting work performed in agricultural undertakings, with the health and safety of children being guaranteed; and (c) light work of a non-industrial character, subject to the approval of the Labour and Social Legislation Inspector, and under the condition that such work can only be carried out by children. The Committee also notes that, by virtue of articles 10 and 11 of Order No. 2224, the consent of the parents or guardians is required for the admission to employment of a child between ages 12 and 14. The labour and social legislation inspector or his legal deputy must also give his written permission, upon presentation of a medical certificate. The Committee recalls that, apart from the activities for which light work may be authorized, Article 7, paragraph 3, of the Convention provides that the competent authority shall prescribe the number of hours during which and the conditions in which such employment or work may be undertaken. The Committee thus requests the Government to indicate the measures taken or envisaged with regard to provisions determining the conditions in which such employment or work may be undertaken by a child between ages 12 and 14.

Article 1 and Part V of the report form. Practical application of the Convention. The Committee notes that according to the ILO’s statistics for the year 2000, 960,000 children aged between 10 and 14 years were economically active. Of this number, 510,000 were boys and 450,000 were girls. The Committee is concerned at the situation of young children who are forced to work out of personal necessity in Congo. It requests the Government to provide information on measures taken or envisaged in the short and medium term to gradually improve this situation, in particular through the adoption of a national policy ensuring the effective abolition of child labour. The Committee also invites the Government to provide specific information on the way in which the Convention is applied in practice, including, for example, statistical data on the employment of children and young persons, extracts from inspection service reports and information on the number and nature of infringements.

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

The Committee notes the Government’s first report.

Article 2, paragraph 1, of the Convention. Scope of application. The Committee notes that, by virtue of section 2 of Act No. 45-75 of 15 March 1975 instituting the Labour Code [hereafter Labour Code], "any person is held to be a worker who, regardless of sex and nationality, has undertaken to place his or her occupational activity, in return for remuneration, under the direction and authority of another physical or moral, public or private person […]". The Committee notes that, by virtue of this provision, the Labour Code only applies to an employment relationship. The Committee recalls that the Convention applies to all branches of economic activity or work, whether it is carried out on the basis of an employment relationship or not and whether it is remunerated or not. The Committee therefore requests the Government to provide information on the manner in which children not bound by an employment relationship, such as those who are self-employed, benefit from the Convention. To the extent that section 264 of the Labour Code states that provisions that are contrary to the Code are repealed, the Committee requests the Government to indicate whether Order No. 2224, which authorizes children below 14 years of age to work in family enterprises, is still in force.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee notes that, by virtue of section 23 of the Constitution, schooling is compulsory until the age of 16 years. The Committee notes that, in its concluding observations on the second periodic report of Congo (E/C.12/1/Add.45, paragraph 23), the Committee on Economic, Social and Cultural Rights was profoundly dissatisfied with the education system in Congo. Although Congo used to have quite a developed education system, that has seriously deteriorated as a result of economic mismanagement, the shortage of resources and political unrest. According to the Government delegation, there are fewer children enrolling in school, a shortage of teachers and teaching materials, and the school buildings are in a deplorable state. It also notes that, according to ILO statistics for Congo for the year 2000, a high number of children between 10 and 14 years, namely 960,000 children, are economically activity in one way or another. The Committee considers that compulsory schooling is one of the most effective means of combating child labour. Consequently, in order to prevent child labour, the Committee request the Government to provide information on the measures taken or envisaged to increase school attendance and reduce school drop-out rates. It also requests the Government to indicate in what way compulsory schooling is followed up in practice and to provide information on school enrolment and attendance rates.

Article 2, paragraph 5. Specification of the minimum age of admission to employment or work at 14 years. The Committee notes that, when ratifying the Convention, Congo specified, after consultation with organizations of employers and workers, a minimum age of admission to employment or work of 14 years, in accordance with Article 2, paragraph 4, of the Convention. It refers to Article 2, paragraph 5, of the Convention, according to which each Member which has specified a minimum age of 14 years shall include in its reports submitted under article 22 of the Constitution of the International Labour Organization a statement that its reason for doing so subsists.

Article 3, paragraph 2. Determination of types of hazardous work. The Committee notes that section 4 of Order No. 2224 of 24 October 1953, setting employment exemptions for young workers, as well as the nature of the work and the categories of enterprises prohibited to young persons and the age limit of the prohibition [hereinafter Order No. 2224], prohibits the employment of young persons under 18 years in hazardous work. The Committee also notes that this very same provision includes a list of types of hazardous work. It notes, however, that Order No. 2224 was adopted over 50 years ago. It refers to the provisions of Paragraph 10(2) of the Minimum Age Recommendation, 1973 (No. 146), which invites the Government to re-examine periodically and revise as necessary the list of the types of employment or work to which Article 3 of the Convention applies, particularly in the light of advancing scientific and technological knowledge.

Article 3, paragraph 3. Admission to hazardous work from the age of 16 years. The Committee notes that, by virtue of section 5 of Order No. 2224, the employment of young workers under the age of 16 years is prohibited with regard to the following types of work: (1) physical work involving pedals, wheels, cranks, levers, jigs, manually operated winnowing machines; (2) the use and feeding of circular, ribbon and multi-blade saws, work involving shears, or mechanical cutting blades and grindstones; and (3) work on buildings, except for finishing work not necessitating the use of scaffolding. The Committee also notes that, under the terms of section 7 of Order No. 2224, the labour and social legislation inspectors may require that any young worker undergo a medical examination in order to determine whether the work in which they are employed exceeds their capacities. When it has been proven that the young worker is not physically apt for the work in which he is employed, he must be transferred to a post corresponding to his physical capacities or made redundant without any blame being attached to him. The Committee notes that the condition contained in Article 3, paragraph 3, of the Convention to the effect that the health, safety and morals of young persons aged between 16 and 18 years authorized to carry out hazardous work shall be protected, is met by the provisions mentioned above. It recalls, however, that Article 3, paragraph 3, of the Convention, also requires that young persons aged between 16 and 18 years shall receive specific instruction or vocational training in the relevant branch of activity. The Committee thus requests the Government to provide information on the measures taken or envisaged in order to ensure that young people aged between 16 and 18 years who are authorized to carry out the abovementioned hazardous work shall receive specific instruction or vocational training in the relevant branch of activity.

Article 6. Apprenticeship and vocational training. The Committee notes that section 116 of the Labour Code prohibits the employment of children under 16 years, even as apprentices, except when an exemption has been granted by the Minister of National Education, following authorization by the labour inspector. It also notes that, by virtue of section 5 of the Labour Code, "the apprenticeship contract is one by which the manager of an industrial, commercial or agricultural establishment, an artisan or a craftsman undertakes to provide, or have provided, methodical and complete vocational training to another person and through which this person is obliged in return to obey the instructions he receives and to carry out the work entrusted to him in view of his apprenticeship". Moreover, under the terms of section 11 of the Labour Code, "the apprentice must be at least 16 years of age. He shall benefit from the provisions relative to child labour and the regulations concerning the weekly rest, the protection of workers, working hours, hygiene and safety and compensation for occupational accidents". The Committee requests the Government to forward information on the working conditions of apprentices in practice and consultations with the organizations of employers and workers concerned.

Article 7. Light work. The Committee notes that the Government has not availed itself of this provision of the Convention. The Committee notes however that, under the terms of section 2 of Order No. 2224, children aged 12 may carry out the following work: (a) light domestic tasks forming part of the work of a scullion, an assistant cook, a "small boy" or a child-minder; (b) picking, gathering or sorting work performed in agricultural undertakings, with the health and safety of children being guaranteed; and (c) light work of a non-industrial character, subject to the approval of the Labour and Social Legislation Inspector, and under the condition that such work can only be carried out by children. The Committee also notes that, by virtue of articles 10 and 11 of Order No. 2224, the consent of the parents or guardians is required for the admission to employment of a child between ages 12 and 14. The labour and social legislation inspector or his legal deputy must also give his written permission, upon presentation of a medical certificate. The Committee recalls that, apart from the activities for which light work may be authorized, Article 7, paragraph 3, of the Convention provides that the competent authority shall prescribe the number of hours during which and the conditions in which such employment or work may be undertaken. The Committee thus requests the Government to indicate the measures taken or envisaged with regard to provisions determining the conditions in which such employment or work may be undertaken by a child between ages 12 and 14.

Article 8. Artistic performances. The Committee notes that the national legislation does not seem to contain provisions governing artistic performances. It recalls that Article 8 of the Convention allows for the possibility of granting, as an exemption to the minimum age of admission to employment or work, individual work permits allowing participation in such activities as artistic performances. Such permits shall limit the number of hours of employment or work authorized and shall prescribe the conditions.

Article 1 and Part V of the report form. Practical application of the Convention. The Committee notes that according to the ILO’s statistics for the year 2000, 960,000 children aged between 10 and 14 years were economically active. Of this number, 510,000 were boys and 450,000 were girls. The Committee is concerned at the situation of young children who are forced to work out of personal necessity in Congo. It requests the Government to provide information on measures taken or envisaged in the short and medium term to gradually improve this situation, in particular through the adoption of a national policy ensuring the effective abolition of child labour. The Committee also invites the Government to provide specific information on the way in which the Convention is applied in practice, including, for example, statistical data on the employment of children and young persons, extracts from inspection service reports and information on the number and nature of infringements.