CMNT_TITLE

Minimum Age Convention, 1973 (No. 138) - Congo (RATIFICATION: 1999)

Other comments on C138

Observation

Direct Request

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Previous observation and previous direct request

Article 1 of the Convention. National policy and application of the Convention in practice. In its previous comments, the Committee expressed its deep concern at the large number of children working below the minimum age in the country and noted the lack of a national policy designed to ensure the effective abolition of child labour. In this regard, the Committee notes the information communicated by the Government, in its report, relating to Order No. 053/MIDDL/DL/P/CAB of 27 June 2017 and service note No. 041/DB/CB/MM/CAB of 24 January 2019 on the establishment, mandate and organization of the child protection committees in the rural department of Lékoumou and in Brazzaville. This initiative is part of the implementation on a trial basis of two coordination and follow-up mechanisms for children’s rights, provided for in the strategy for strengthening the national child protection system, adopted in 2015. The Committee notes that this integrated child protection system is currently being assessed, with a view to progressively extending it to the rest of the country.

Additionally, the Committee notes the Government’s indication that a workshop was held in 2023 in order to identify strategic priorities in the context of the global partnership, Alliance 8.7: for a world without forced labour, modern slavery, human trafficking and child labour. As a result of the workshop, the country’s strategic priorities were adopted, together with a national road map. Its priorities include the finalization of the revised Labour Code, and the development and adoption of a national employment policy. While it encourages the Government to pursue the implementation of the national child protection system, the Committee requests it to continue to take specific measures within the framework of the national child protection mechanism, and to provide information on progress achieved in this regard. Furthermore, it requests the Government to indicate the progress achieved in relation to the revision of the Labour Code and the development of the national employment policy, mentioned in the national road map.

Article 2(1). Scope of application. The Committee notes that the Government has not responded to its previous requests concerning in particular: (i) the fact that the Labour Code only applies to an employment relationship. It asked the Government to provide information on the way in which children not bound by an employment relationship, such as those who work on their own account or in the informal economy, enjoy the protection laid down by the Convention; and (ii) the fact that labour inspection activities mainly cover the urban sector and major enterprises, whereas the majority of children work in rural areas and small undertakings. The Committee recalls once again that, under section 68 of Act No. 4-2010 of 14 June 2010 concerning child protection, work done by children under 16 years of age in the family environment, in the formal or in the informal economy, is prohibited.

The Committee notes the Government’s information that the Labour Code is currently being revised, providing for the deletion of section 116 concerning exemptions granted by the Minister of Education to allow children under 16 years of age to be employed. The Committee once again requests the Government to provide information on the measures taken to apply section 68 of the Child Protection Act. In addition, it once again requests that the Government take specific measures to adapt and strengthen the labour inspection services in order to ensure that children under 14 years of age who work on their own account or in the informal economy, especially in rural areas, enjoy the protection afforded by the Convention. It requests the Government to provide information in the measures taken and the results achieved in this regard. The Committee also requests the Government to provide information on the progress made concerning the provisions of section 116 of the Labour Code currently being revised.