Observation (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

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

Autre commentaire sur C138

Observation

Demande directe

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Article 1 of the Convention. National policy. In its previous comments, the Committee noted that, in the context of a project on the National Strategy for Children, the administrative department responsible for the family had organized a strategic planning workshop on the protection of children in February 2007 in collaboration with UNICEF, following which recommendations were formulated on child protection. The Committee also noted that the Government had launched a Bill on the protection of children and requested it to provide a copy once it had been adopted.

The Committee takes due note that a National Plan of Action for Children in Algeria was formulated under the aegis of the ministry responsible for the family and the situation of women, with the participation of the national institutions concerned (20 ministerial departments, ten national institutions), civil society, an advisory group of children and young persons, and UNICEF. This Plan of Action, officially launched on 25 December 2008 under the heading “Algeria worthy of children”, is to be implemented over the period 2008–15 and covers four main areas, namely: (1) the rights of the child; (2) the promotion of a healthy life and a better existence; (3) the quality of education; and (4) the protection of the child. The Committee notes, among other aspects, that the fourth field of action relating to the protection of the child, includes a section on child labour. In this respect, the Plan of Action calls for the development and updating of the legislation on the protection of the child, as well as the strengthening and development of mechanisms for the application of the legislation that is in force. However, the Committee notes that in its concluding observations of 7 June 2010, the Committee on Economic, Social and Cultural Rights expressed its concern about the high rate of child labour in Algeria “with estimates of approximately 300,000 children under 16 years of age who are working” (E/C.12/DZA/CO/4, paragraph 17). Furthermore, the Committee notes that the Government still does not appear to have adopted the Act on the protection of children, which it initiated in 2007. The Committee urges the Government to take the necessary measures for the adoption of the Act on the protection of children and to provide a copy once it has been adopted. It also strongly encourages the Government to renew its efforts to combat child labour. In this respect, it requests the Government to provide detailed information on the impact of the Plan of Action on the elimination of work by children under 16 years of age.

Article 2(1) and Part V of the report form. Scope of application and effect given to the Convention in practice. In its previous comments, the Committee noted that Act No. 90-11 respecting conditions of work of 21 April 1990 does not apply to employment relations which are not governed by a contract, such as work done by children on their own account, since persons working on their own account are covered by other regulations, which determine the minimum age of admission to non-wage work. In this respect, the Government indicated that, by virtue of section 40 of Ordinance No. 75-58 of 26 September 1975 issuing the Civil Code, the age of majority is 19 years, and that section 5 of Ordinance No. 75-59 of 26 September 1975 issuing the Code of Commerce provides that any emancipated minor of either sex, aged 18 or above, who wishes to engage in a commercial activity, may not commence commercial operations or be considered of majority age with regard to any commitments she/he enters into for commercial purposes, unless the said minor has received prior authorization from her/his father or mother or, in the absence of the father and mother, through a decision of the family council approved by a court of law. The Government added that, under section 5 of the Code of Commerce, regulations respecting admission to employment are of a general nature and apply to all forms of employment, whether waged or own account. The Committee noted that the provisions of the Code of Commerce regulate the possibility for emancipated minors of either sex, aged 18 or above, to engage in a commercial activity in the formal economy. The Committee however observed that the provisions of the Code of Commerce do not regulate all the economic activities that a child under 16 years of age may carry on in the informal economy or on her or his own account and which are covered by the Convention, for example in the agricultural and domestic sectors, where the economic exploitation of children is more frequent.

The Committee notes the Government’s indication that in 2009, the labour inspectorate filed reports of 21 violations relating to the employment of 49 children under the age for admission to work (16 years). However, the Committee notes with regret that the Government’s report is silent on the issue of children working on their own account or in the informal economy, and on the application of section 5 of the Code of Commerce. The Committee therefore urges the Government to take the necessary measures to strengthen and adapt the labour inspection services with a view to ensuring that the protection afforded by the Convention is guaranteed for children who work on their own account or the informal economy. In this respect, it requests the Government to provide information on the number and nature of violations involving children under 16 years of age who work on their own account or in the informal economy.

Article 3(1) and (2). Minimum age for admission to hazardous work and determination of these types of work. The Committee previously noted that a revision of the national labour legislation was in progress and that the question of prohibiting the employment of persons under 18 years of age in hazardous types of work would be taken into account. It noted that a list of prohibited types of work was to be established by regulation. The Committee also noted the Government’s indication that the adoption of specific provisions that would clarify any ambiguity on these matters was envisaged in the future Labour Code.

The Committee once again recalls that Article 3(2) of the Convention envisages that hazardous types of employment or work shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned. Recalling that it has been raising this matter for several years, and noting the absence of information in the Government’s report, the Committee urges the Government to take the necessary measures for the adoption of the relevant legislation respecting the types of hazardous work prohibited for children. It also requests the Government to take the necessary steps to ensure that the revision of the Labour Code is completed in the near future and that provisions giving full effect to Article 3(1) and (2) of the Convention are adopted as soon as possible. In this respect, it expresses the firm hope that these provisions will ensure that the minimum age for admission to all hazardous types of employment or work is not lower than 18 years and these types of employment or work are determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned. The Committee requests the Government to provide information in this respect in its next report.