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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 application of the Convention in practice. In its previous comments, the Committee noted that, according to ILO statistics, around 1,895,000 children aged between 10 and 14 years were economically active in the year 2000. Of this number, 1,003,000 were boys and 892,000 were girls. It also noted that the Committee on the Rights of the Child, in its concluding observations in July 2001 (CRC/C/15/Add.153, paragraph 66), expressed concern at the prevalence of child labour, especially in informal sectors which frequently fall outside the protections afforded by domestic legislation. The Committee on the Rights of the Child recommended the Government to take measures to enforce domestic legal protections in both the formal and informal economies. The Committee further noted that the labour inspection service is not operational in the country. Moreover, according to the Government’s initial report submitted to the Committee on the Rights of the Child in August 2000 (CRC/C/3/Add.57, paragraph 196), given the current disastrous economic situation, where employment in the informal economic sector is the only answer for the majority of the population, a number of parents tolerate or even send their children to do work which they are forbidden to perform by law. The Committee requested the Government to provide information on the measures adopted to re-establish the functioning of the labour inspection service and on the manner in which the Convention is applied in practice.

In its report, the Government indicated that, with a view to the abolition of child labour, the Ministry of Employment, Labour and Social Insurance is endeavouring to ensure the operation of the National Committee to Combat the Worst Forms of Child Labour. Once it is in operation, the National Committee will formulate a national strategy for the abolition of child labour and its worst forms. In the context of this strategy, national programmes of action will be formulated, particularly to identify child labour and its worst forms and, with the assistance of the labour inspectorate, to supervise and penalize enterprises that have recourse to child labour. The Government added that it is redoubling its efforts to make the action of labour inspectors and controllers more effective. Finally, it noted that child labour persists throughout the country, among others in the mining sector.

The Committee appreciated the information provided by the Government on the measures that it plans to take for the abolition of child labour and considers that these measures are an affirmation of its political will to develop strategies to combat this problem. However, while noting the instability in the country, particularly in view of the continued conflict, the Committee expressed concern at the persistence of child labour in practice. It therefore firmly requests the Government to take the necessary measures to ensure that the National Committee to Combat the Worst Forms of Child Labour is operational in the very near future and that it formulates the national strategy on the abolition of child labour and its worst forms. It also requests the Government to provide information on any progress achieved in this respect and to transmit a copy of the national strategy once it has been formulated. Finally, the Committee requests the Government to provide information on the manner in which the Convention is applied in practice including, for example, statistical data disaggregated by gender and age category on the nature, extent and trends of work by children and young persons under the minimum age specified by the Government when ratifying the Convention and extracts from the reports of the inspection services.

Article 2(1). Scope of application. (i) Own-account work. The Committee noted previously that Act No. 015/2002 of 16 October 2002 issuing the Labour Code (hereinafter the Labour Code) applies solely to a labour relationship. It reminded the Government that the Convention is applicable to all branches of economic activity and that it covers all types of employment and work, whether or not they are carried out on the basis of a subordinate labour relationship, and whether or not they are paid. The Committee requested the Government to provide information on the manner in which children who are not bound by a labour relationship benefit from the protection afforded by the Convention. In this respect, the Government indicated that, once the National Committee to Combat the Worst Forms of Child Labour is operational, it will formulate programmes of action with the objectives of, among others, identifying and denouncing child labour and its worst forms, preventing the engagement of children in work and paying special attention to vulnerable children. In view of the information referred to above concerning the situation of children working in the informal economy, the Committee expresses the firm hope that the National Committee to Combat the Worst Forms of Child Labour will very soon be in a position to formulate programmes of action and that, in the context of their implementation, measures will be taken to ensure that children who are not bound by a labour relationship, such as those working on their own account or in the informal economy, benefit from the protection envisaged in the Convention. In this respect, it requests the Government, in the context of the adoption of measures to improve the work of labour inspectors and controllers, to envisage the possibility of adapting their functions so that they can secure the protection set out in the Convention for these children. It requests the Government to provide information on this subject.

(ii) Seafarers. With reference to its previous comments, the Committee once again requests the Government to provide a copy of Legislative Ordinance No. 66‑98 of 14 March 1966 issuing the Maritime Navigation Code.

Article 2(3). Age of completion of compulsory schooling. The Committee noted previously that, according to the Government’s initial report submitted to the Committee on the Rights of the Child in August 2000 (CRC/C/3/Add.57, paragraphs 149, 156 and 157), section 115 of Act No. 86/005 of 29 September 1986 respecting national education (hereinafter Act No. 86/005 of 29 September 1986) makes schooling compulsory for girls and boys until they have reached the age of 15 years. However, the Government indicated that this Act never entered into force. Furthermore, according to the Government, primary education is free but, as a result of the aggravation of the economic crisis, children, and particularly boys, drop out of school from the ages of 12 or 13 to seek their subsistence by doing whatever they can. The Committee also noted that the Committee on the Rights of the Child, in its concluding observations of July 2001 (CRC/C/15/Add.153, paragraphs 60 and 61), expressed its concern at the high number of children who never attend school or who drop out early from their formal education. The Committee on the Rights of the Child urged the Government to adopt and implement legislation establishing a minimum age for the completion of compulsory schooling and to ensure that primary school and, in so far as possible, secondary education, is free of charge.

In its report, the Government indicated that it is aware that the school attendance rate is low in the country. The rate is around 40 per cent of all children of school age. Against this background, it adopted Order No. 082 of 15 May 2006, defining priorities in the field of education. The Government added that the persistence of areas of insecurity constitutes a barrier to education of children, not only due to the constant movement of families, and therefore children, but also the destruction of school infrastructure through armed conflict, as was the case in 2005 in the north of the province of Katanga, in Ituri, Beni and the province of north Kivu. With the assistance of UNICEF and the United Nations Office for the Coordination of Humanitarian Affairs, assistance has been provided to the damaged schools. In this context, 75 classrooms have been refurbished and over 12,000 displaced schoolboys and girls have benefited from an emergency support programme for education. Furthermore, in the context of the goal of Education For All, the country has established projects, including the Support Project for the Recovery of the Educational Sector (PARSEC) and the Support Project for the Educational Sector (PASE).

In this respect, the Committee took due note of the measures adopted by the Government to increase the school enrolment rate and reduce the school drop-out rate, while according special attention to girls. The Committee noted however that, according to the Education For All Global Monitoring Report 2008, published by UNESCO and entitled “Education For All by 2015: Will we make it?”, in view of the lack of data, caused in particular by the conflict which persists in the country, it was impossible to make projections for the achievement of the objectives established by the Education For All programme for the Democratic Republic of the Congo by 2015. However, the study indicated that there are major disparities between the two sexes in relation to the gross school attendance rate in primary education, to the detriment of girls, who have to repeat years more often than boys. The study indicated in this respect that the objective of gender parity is at risk of not being achieved in 2015 in the country.

While recognizing the efforts made by the Government to improve the situation, the Committee expressed deep concern at the education situation in the country, particularly with regard to the low rate of school attendance and the high rate of students repeating years, particularly in the case of girls. It observed that poverty is one of the primary causes of child labour and that, when combined with a deficient educational system, it prevents the development of the child. Considering that compulsory education is one of the most effective means of combating child labour, the Committee firmly requests the Government to spare no effort to improve the operation of the education system in the country and to take measures to allow children to attend compulsory basic education or to be integrated into an informal school system. In this respect, it requests the Government to provide information on the measures adopted in the context of the implementation of Order No. 082 of 15 May 2006, which determines priorities in the field of education, with a view to setting an age of completion of compulsory schooling, increasing the school attendance rate and reducing the school drop-out rate, while preventing children under 14 years from working and according special attention to girls. The Committee requests the Government to provide information on the results achieved.

Article 3(1) and (2). Minimum age for admission to hazardous types of work and the determination of such types of work. In its previous comments, the Committee noted the information provided by the Government that Ministerial Order No. 68/13 of 17 May 1968 establishing the working conditions of women and children (hereinafter Order No. 68/13 of 17 May 1968) remains in force while awaiting the adoption of new measures to give effect to the Labour Code of 2002. The Committee noted with interest the adoption of Ministerial Order No. 12/CAB/MIN/TPS/045/08 of 8 August 2008 determining the working conditions of children (hereinafter the 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 the types of hazardous work that are prohibited for young persons under 18 years of age (sections 9–15).

Article 3(3). Admission to hazardous work from the age of 16 years. With reference to its previous comments, the Committee noted that section 10(2) of the Ministerial Order of 8 August 2008 provides that young persons between 16 and 18 years of age may not carry, drag or push, either within or outside the customary workplace, loads of a weight higher than the following maximum levels: (1) occasional manual transport of loads: boys (15 kg) and girls (10 kg); transport on barrows (including the barrow): boys (35 kg) and girls (25 kg); transport by three-or four-wheeled vehicles (including the vehicle): boys (50 kg) and girls (35 kg); and transport on small trucks on flat rails (including the truck) and for up to a maximum of four hours a day: boys (400 kg) and girls (250 kg).

The Committee reminded the Government that, under the terms of Article 3(3), of the Convention, national laws or regulations or the competent authority may, after consultation with the organizations of employers and workers concerned, where such exist, authorize employment or work as from the age of 16 years on condition that: (a) their health, safety and morals are fully protected; and (b) they have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee observed that the Ministerial Order of 8 August 2008 does not contain a provision guaranteeing compliance with the two conditions referred to above. It also observed that, where a government makes use of the flexibility clause envisaged in Article 3(3), of the Convention, it has to take measures to ensure compliance with the two conditions established by this provision of the Convention. The Committee therefore requests the Government to provide information on the measures adopted or envisaged to ensure that the performance of hazardous types of work by young persons between 16 and 18 years of age, especially under the terms of sections 10 and 12, is only authorized in conformity with the provisions of Article 3(3), of the Convention.

Article 6. Apprenticeship and vocational training. With reference to its previous comments, the Committee took due note of the detailed information provided by the Government concerning the regulation of apprenticeship in the country. It requests the Government to provide a copy of Ordinance No. 71-055 organizing vocational training.

Article 7. Light work. In its previous comments, the Committee noted the Government’s indication that Departmental Order No. 28/75 of 30 October 1975, which includes a list of light and healthy work authorized for persons between the ages of 14 and 16 years, will be revised. The Committee noted that section 17 of the new Ministerial Order of 8 August 2008 establishes a list of light and healthy types of work authorized for persons under 18 years of age, including for example: (1) the harvesting of seeds, leaves and fruit with the exception of bananas and palm nuts, provided that the harvest is carried out at ground level; (2) the manual husking of fruits and seeds, the sorting of vegetable products; (3) the making of ties for market gardens; (4) basket work; (5) the herding of small animals and poultry; (6) surveillance by guards, doorkeepers and sentries; (7) the sale of periodicals and hawking not involving the transport of heavy goods; and (8) the types of work that shall be authorized by the competent inspector. The Committee observed that section 17 of the Ministerial Order of 8 August 2008 does not establish the minimum age from which a child may perform light work, but allows all young persons under 18 years of age to be engaged in these types of work. It also notes that the Ministerial Order of 8 August 2008 does not determine the conditions of employment under which light work may be performed.

The Committee reminded the Government that, under the terms of
Article 7(1)–(4), of the Convention, national laws or regulations may permit the employment or work of persons 12 to14 years of age on light work which is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. It further recalled that, in addition to the activities in 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. The Committee therefore requests the Government to provide information on the measures adopted or envisaged to ensure that only persons between 12 and 14 years of age perform light work, in accordance with Article 7(1), of the Convention. It also requests the Government to provide information on the measures adopted or envisaged to prescribe the number of hours during which and the conditions of employment in which light work may be undertaken.

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Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. In its previous comments, the Committee noted that, according to ILO statistics, around 1,895,000 children aged between 10 and 14 years were economically active in the year 2000. Of this number, 1,003,000 were boys and 892,000 were girls. It also noted that the Committee on the Rights of the Child, in its concluding observations in July 2001 (CRC/C/15/Add.153, paragraph 66), expressed concern at the prevalence of child labour, especially in informal sectors which frequently fall outside the protections afforded by domestic legislation. The Committee on the Rights of the Child recommended the Government to take measures to enforce domestic legal protections in both the formal and informal economies. The Committee further noted that the labour inspection service is not operational in the country. Moreover, according to the Government’s initial report submitted to the Committee on the Rights of the Child in August 2000 (CRC/C/3/Add.57, paragraph 196), given the current disastrous economic situation, where employment in the informal economic sector is the only answer for the majority of the population, a number of parents tolerate or even send their children to do work which they are forbidden to perform by law. The Committee requested the Government to provide information on the measures adopted to re-establish the functioning of the labour inspection service and on the manner in which the Convention is applied in practice.

In its report, the Government indicates that, with a view to the abolition of child labour, the Ministry of Employment, Labour and Social Insurance is endeavouring to ensure the operation of the National Committee to Combat the Worst Forms of Child Labour. Once it is in operation, the National Committee will formulate a national strategy for the abolition of child labour and its worst forms. In the context of this strategy, national programmes of action will be formulated, particularly to identify child labour and its worst forms and, with the assistance of the labour inspectorate, to supervise and penalize enterprises that have recourse to child labour. The Government adds that it is redoubling its efforts to make the action of labour inspectors and controllers more effective. Finally, it notes that child labour persists throughout the country, among others in the mining sector.

The Committee appreciates the information provided by the Government on the measures that it plans to take for the abolition of child labour and considers that these measures are an affirmation of its political will to develop strategies to combat this problem. However, while noting the instability in the country, particularly in view of the continued conflict, the Committee expresses concern at the persistence of child labour in practice. It therefore firmly requests the Government to take the necessary measures to ensure that the National Committee to Combat the Worst Forms of Child Labour is operational in the very near future and that it formulates the national strategy on the abolition of child labour and its worst forms. It also requests the Government to provide information on any progress achieved in this respect and to transmit a copy of the national strategy once it has been formulated. Finally, the Committee requests the Government to provide information on the manner in which the Convention is applied in practice including, for example, statistical data disaggregated by gender and age category on the nature, extent and trends of work by children and young persons under the minimum age specified by the Government when ratifying the Convention and extracts from the reports of the inspection services.

Article 2, paragraph 1. Scope of application. (i) Own-account work. The Committee noted previously that Act No. 015/2002 of 16 October 2002 issuing the Labour Code (hereinafter the Labour Code) applies solely to a labour relationship. It reminded the Government that the Convention is applicable to all branches of economic activity and that it covers all types of employment and work, whether or not they are carried out on the basis of a subordinate labour relationship, and whether or not they are paid. The Committee requested the Government to provide information on the manner in which children who are not bound by a labour relationship benefit from the protection afforded by the Convention. In this respect, the Government indicates that, once the National Committee to Combat the Worst Forms of Child Labour is operational, it will formulate programmes of action with the objectives of, among others, identifying and denouncing child labour and its worst forms, preventing the engagement of children in work and paying special attention to vulnerable children. In view of the information referred to above concerning the situation of children working in the informal economy, the Committee expresses the firm hope that the National Committee to Combat the Worst Forms of Child Labour will very soon be in a position to formulate programmes of action and that, in the context of their implementation, measures will be taken to ensure that children who are not bound by a labour relationship, such as those working on their own account or in the informal economy, benefit from the protection envisaged in the Convention. In this respect, it requests the Government, in the context of the adoption of measures to improve the work of labour inspectors and controllers, to envisage the possibility of adapting their functions so that they can secure the protection set out in the Convention for these children. It requests the Government to provide information on this subject.

(ii) Seafarers. With reference to its previous comments, the Committee once again requests the Government to provide a copy of Legislative Ordinance No. 66-98 of 14 March 1966 issuing the Maritime Navigation Code.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee noted previously that, according to the Government’s initial report submitted to the Committee on the Rights of the Child in August 2000 (CRC/C/3/Add.57, paragraphs 149, 156 and 157), section 115 of Act No. 86/005 of 29 September 1986 respecting national education (hereinafter Act No. 86/005 of 29 September 1986) makes schooling compulsory for girls and boys until they have reached the age of 15 years. However, the Government indicated that this Act never entered into force. Furthermore, according to the Government, primary education is free but, as a result of the aggravation of the economic crisis, children, and particularly boys, drop out of school from the ages of 12 or 13 to seek their subsistence by doing whatever they can. The Committee also noted that the Committee on the Rights of the Child, in its concluding observations of July 2001 (CRC/C/15/Add.153, paragraphs 60 and 61), expressed its concern at the high number of children who never attend school or who drop out early from their formal education. The Committee on the Rights of the Child urged the Government to adopt and implement legislation establishing a minimum age for the completion of compulsory schooling and to ensure that primary school and, in so far as possible, secondary education, is free of charge.

In its report, the Government indicates that it is aware that the school attendance rate is low in the country. The rate is around 40 per cent of all children of school age. Against this background, it adopted Order No. 082 of 15 May 2006, defining priorities in the field of education. The Government adds that the persistence of areas of insecurity constitutes a barrier to education of children, not only due to the constant movement of families, and therefore children, but also the destruction of school infrastructure through armed conflict, as was the case in 2005 in the north of the province of Katanga, in Ituri, Beni and the province of north Kivu. With the assistance of UNICEF and the United Nations Office for the Coordination of Humanitarian Affairs, assistance has been provided to the damaged schools. In this context, 75 classrooms have been refurbished and over 12,000 displaced schoolboys and girls have benefited from an emergency support programme for education. Furthermore, in the context of the goal of Education For All, the country has established projects, including the Support Project for the Recovery of the Educational Sector (PARSEC) and the Support Project for the Educational Sector (PASE).

In this respect, the Committee takes due note of the measures adopted by the Government to increase the school enrolment rate and reduce the school drop-out rate, while according special attention to girls. The Committee notes however that, according to the Education For All Global Monitoring Report 2008, published by UNESCO and entitled “Education For All by 2015: Will we make it?”, in view of the lack of data, caused in particular by the conflict which persists in the country, it was impossible to make projections for the achievement of the objectives established by the Education For All programme for the Democratic Republic of the Congo by 2015. However, the study indicates that there are major disparities between the two sexes in relation to the gross school attendance rate in primary education, to the detriment of girls, who have to repeat years more often than boys. The study indicates in this respect that the objective of gender parity is at risk of not being achieved in 2015 in the country.

While recognizing the efforts made by the Government to improve the situation, the Committee expresses deep concern at the education situation in the country, particularly with regard to the low rate of school attendance and the high rate of students repeating years, particularly in the case of girls. It observes that poverty is one of the primary causes of child labour and that, when combined with a deficient educational system, it prevents the development of the child. Considering that compulsory education is one of the most effective means of combating child labour, the Committee firmly requests the Government to spare no effort to improve the operation of the education system in the country and to take measures to allow children to attend compulsory basic education or to be integrated into an informal school system. In this respect, it requests the Government to provide information on the measures adopted in the context of the implementation of Order No. 082 of 15 May 2006, which determines priorities in the field of education, with a view to setting an age of completion of compulsory schooling, increasing the school attendance rate and reducing the school drop-out rate, while preventing children under 14 years from working and according special attention to girls. The Committee requests the Government to provide information on the results achieved.

Article 3, paragraphs 1 and 2. Minimum age for admission to hazardous types of work and the determination of such types of work. In its previous comments, the Committee noted the information provided by the Government that Ministerial Order No. 68/13 of 17 May 1968 establishing the working conditions of women and children (hereinafter Order No. 68/13 of 17 May 1968) remains in force while awaiting the adoption of new measures to give effect to the Labour Code of 2002. 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 (hereinafter the 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 the types of hazardous work that are prohibited for young persons under 18 years of age (sections 9–15).

Article 3, paragraph 3. Admission to hazardous work from the age of 16 years. With reference to its previous comments, the Committee notes that section 10(2) of the Ministerial Order of 8 August 2008 provides that young persons between 16 and 18 years of age may not carry, drag or push, either within or outside the customary workplace, loads of a weight higher than the following maximum levels: (1) occasional manual transport of loads: boys (15kg) and girls (10kg); transport on barrows (including the barrow): boys (35kg) and girls (25kg); transport by three- or four-wheeled vehicles (including the vehicle): boys (50kg) and girls (35kg); and transport on small trucks on flat rails (including the truck) and for up to a maximum of four hours a day: boys (400kg) and girls (250kg).

The Committee reminds the Government that, under the terms of Article 3, paragraph 3, of the Convention, national laws or regulations or the competent authority may, after consultation with the organizations of employers and workers concerned, where such exist, authorize employment or work as from the age of 16 years on condition that: (a) their health, safety and morals are fully protected; and (b) they have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee observes that the Ministerial Order of 8 August 2008 does not contain a provision guaranteeing compliance with the two conditions referred to above. It also observes that, where a government makes use of the flexibility clause envisaged in Article 3, paragraph 3, of the Convention, it has to take measures to ensure compliance with the two conditions established by this provision of the Convention. The Committee therefore requests the Government to provide information on the measures adopted or envisaged to ensure that the performance of hazardous types of work by young persons between 16 and 18 years of age, especially under the terms of sections 10 and 12, is only authorized in conformity with the provisions of Article 3, paragraph 3, of the Convention.

Article 6. Apprenticeship and vocational training. With reference to its previous comments, the Committee takes due note of the detailed information provided by the Government concerning the regulation of apprenticeship in the country. It requests the Government to provide a copy of Ordinance No. 71-055 organizing vocational training.

Article 7. Light work. In its previous comments, the Committee noted the Government’s indication that Departmental Order No. 28/75 of 30 October 1975, which includes a list of light and healthy work authorized for persons between the ages of 14 and 16 years, will be revised. The Committee notes that section 17 of the new Ministerial Order of 8 August 2008 establishes a list of light and healthy types of work authorized for persons under 18 years of age, including for example: (1) the harvesting of seeds, leaves and fruit with the exception of bananas and palm nuts, provided that the harvest is carried out at ground level; (2) the manual husking of fruits and seeds, the sorting of vegetable products; (3) the making of ties for market gardens; (4) basket work; (5) the herding of small animals and poultry; (6) surveillance by guards, doorkeepers and sentries; (7) the sale of periodicals and hawking not involving the transport of heavy goods; and (8) the types of work that shall be authorized by the competent inspector. The Committee observes that section 17 of the Ministerial Order of 8 August 2008 does not establish the minimum age from which a child may perform light work, but allows all young persons under 18 years of age to be engaged in these types of work. It also notes that the Ministerial Order of 8 August 2008 does not determine the conditions of employment under which light work may be performed.

The Committee reminds the Government that, under the terms of Article 7, paragraphs 1 and 4, of the Convention, national laws or regulations may permit the employment or work of persons 12 to14 years of age on light work which is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. It further recalls that, in addition to the activities in 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 therefore requests the Government to provide information on the measures adopted or envisaged to ensure that only persons between 12 and 14 years of age perform light work, in accordance with Article 7, paragraph 1, of the Convention. It also requests the Government to provide information on the measures adopted or envisaged to prescribe the number of hours during which and the conditions of employment in which light work may be undertaken.

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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. 1. Scope of application. 
(i) Self-employment. The Committee noted that, under the terms of section 1, paragraph 1, of Act No. 015/2002 of 16 October 2002 promulgating the Labour Code (henceforth to be referred to as the Labour Code), the Code applies to all workers and employers. Section 7(a) of the Labour Code defines the term worker as “any physical person old enough to enter into a contract who has undertaken to place his or her occupational activity, in return for remuneration, under the direction and authority of a physical or moral, public or private, person, bound by an employment contract”. Section 7(b) of the Code defines the term “employer” as “any physical or moral person, public or private, who employs the services of one or more workers by virtue of an employment contract”. The Committee noted that, by virtue of these provisions, the Labour Code only applies to a labour relationship. Furthermore, the Committee noted that, by virtue of section 133, paragraph 1, of the Labour Code, children may not be employed in an enterprise, even as apprentices, prior to the age of 15, unless an express exemption is granted by the labour inspector and the parental authority or guardian.

The Committee recalled that the Convention is applicable to all branches of economic activity and that it covers all types of employment and labour, whether they be carried out on the basis of an employment relationship or not and whether the worker concerned is remunerated or not. It also recalled that, by virtue of Article 2, paragraph 1, of the Convention, no one under the minimum age of 15 years shall be admitted to employment or work in any occupation, subject to the provisions of Articles 4 to 8 of the present Convention. The Committee therefore requests the Government to provide information on the manner in which those children not bound by an employment relationship, such as those who are self‑employed, or who do not work in an enterprise, enjoy the protection provided for in the Convention.

(ii) Seafarers. The Committee noted the information provided by the Government, according to which, in the case of the maritime sector, Ordinance No. 66-98 of 14 March 1996 promulgating the relevant Code states, in section 216, that no one may enter into a maritime contractual commitment unless he has reached the age of 16, in the case of port work and 18 in the case of work carried out in the engine room. The Committee requests the Government to provide a copy of Ordinance No. 66-98 of 14 March 1996.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee noted that, in its initial report transmitted to the Committee on the Rights of the Child in August 2000 (CRC/C/3/Add.57, paragraphs 149, 156 and 157), the Government indicated that the right to education is guaranteed by the transitional Constitution and Framework Act No. 86/005 (national education) of 29 September 1986 (henceforth Law No. 86/005). Section 115 of Act No. 86/005 makes schooling compulsory for boys and girls until they have completed their 15th year. The States General of National Education provide for primary education to be free of charge. The Government, however, indicated that this Law has not entered into force, for lack of implementing measures. Moreover, the Government also indicated that, as a consequence of the worsening economic crisis, children, especially boys, drop out of school from the age of 12 or 13 years onwards to make a living by their wits. 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 its concern at the high number of children who never attend school or who drop out early from their formal education. The Committee is further concerned that Act No. 86/005 of 29 September 1986 on national education has not yet entered into force, with a negative impact on children’s access to education. The Committee is concerned that school infrastructure and equipment are very inadequate. The Committee urged the Government to adopt and implement legislation establishing a minimum age for the completion of compulsory education and providing for genuinely free primary and, as far as possible, secondary education, with emphasis on assisting children from the most disadvantaged backgrounds. The Committee also recommended that the Government implement measures to increase enrolment of children in school and reduce the drop-out rate.

The Committee considered that compulsory schooling is one of the most effective means of combating child labour. Having taken account of the information mentioned above, the Committee requests the Government to take the necessary measures in order to ensure that Act No. 86/005 enters into force as soon as possible. Furthermore, in order to prevent child labour from occurring, the Committee requests the Government to transmit information on the measures taken or envisaged to increase school attendance and to reduce school drop-out rates. It also requests the Government to indicate the manner in which compulsory schooling is effectively followed up in practice and to provide information concerning rates of school enrolment and attendance.

Article 3, paragraph 1. Minimum age of admission to hazardous work. The Committee noted the information provided by the Government, according to which Ministerial Order No. 68/13 of 17 May 1968, establishing the working conditions of women and children (henceforth Order No. 68/13) remains in force pending the completion of new measures of application of the Labour Code of 2002. Under the terms of section 1 of Order No. 68/13, all employers are prohibited from employing children in work exceeding their physical capacities, work which exposes them to high occupational risks, or which, by its nature and the conditions under which it is carried out, is likely to harm their morals. The Committee noted that Order No. 68/13 does not contain any definition of the term “child”. It notes, however, that section 219 of the Family Code defines the term “minor” as an individual of either sex who is not yet 18 years old. The Committee understands that the term “child” used in article 1 of Order No. 68/13 applies to children under 18 years of age. It would be grateful if the Government would provide a precise definition of this term.

As to the new implementing measures of the Labour Code of 2002 that the Government intends to adopt, the Committee recalled that, under the terms of Article 3, paragraph 1, of the Convention, the minimum age of admission to hazardous work, that is to say to any type of employment or work which, by its nature or the circumstances in which it is carried out is likely to jeopardize the health, safety or morals of young persons, shall not be less than 18 years. The Committee requests the Government to take into consideration the provisions of Article 3, paragraph 1, when the measures of application of the Labour Code of 2002 are being formulated.

Article 3, paragraph 2. Determination of types of hazardous work. The Committee noted that section 32 of Order No. 68/13 includes a list of hazardous and unhealthy work prohibited to children under the age of 18. It also noted that paragraph 13 of section 32 prohibits in a general manner any work prohibited by a labour inspector due to its hazardous or unhealthy nature. Furthermore, section 28 of Order No. 68/13 prohibits the use of children under the age of 18 in the regular transportation of loads. Under the terms of section 31, children of both sexes under the age of 18 may not be employed in the transportation of loads on hand-trucks or other similar vehicles. Furthermore, section 35 provides that the employment of children aged under 18 years in bars and other public places where alcoholic drinks are consumed is prohibited. The Committee noted that this Order was adopted under the Labour Code of 1967. In so far as a new Labour Code was adopted in 2002, the Committee referred to the provisions of Paragraph 10(2) of the Minimum Age Recommendation, 1973 (No. 146), which requests the Government to re-examine periodically and revise the list of the types of employment or work addressed by Article 3 of the Convention, as necessary, particularly in the light of advancing scientific and technological knowledge. The Committee requests the Government to indicate whether the labour inspector has prohibited certain types of work because of their hazardous or unhealthy nature, as provided for in paragraph 13 of section 32 of Order No. 68/13.

Article 3, paragraph 3. Admission to hazardous work from the age of 16 years. The Committee noted that section 37 of Order No. 68/13 states that the labour inspector may grant temporary exemptions to the provisions of section 32 (hazardous and unhealthy work) for children over the age of 16 years and under 18 years when urgent vocational training needs require it, upon request by the employer and when authorized by the labour inspector for that particular region. These exemptions are not authorized for young female workers. The Committee also noted that, according to section 25 of Order 68/13, children over 16 years and under 18 years may not carry out more than eight hours of effective work per day. When working hours exceed four hours a day, this period should be interrupted by one or more breaks, the total duration of which should be no shorter than an hour. Furthermore, the Committee noted that, under the terms of section 137 of the Labour Code, the labour inspector may request that children be examined by a doctor in order to check whether the work in which they have been engaged exceeds their physical capabilities.

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 envisage in order to ensure that young people aged between 16 and 18 years who are authorized to carry out hazardous work shall receive specific instruction or vocational training in the relevant branch of activity.

Article 6. Apprenticeship and vocational training. The Committee noted that, according to section 133 of the Labour Code, children may not be employed in an enterprise, even as apprentices, prior to the age of 15, unless an express exemption is granted by the labour inspector and the parental authority or guardian. Section 24, paragraph 2, of the Code provides that the master is obliged to treat the apprentice with consideration and respect throughout the period of the apprenticeship and to monitor his health and safety while taking account of the circumstances and nature of the work. Under the terms of section 26, paragraph 2, of the Code, the apprentice must carry out the work entrusted to him to the best of his ability. Moreover, according to section 33 of the Code, the labour inspector is responsible for overseeing the execution of the apprenticeship contract. The Committee requests the Government to provide information on the rules governing apprenticeship in the Democratic Republic of the Congo, especially with regard to the working conditions of apprentices in practice and consultations with the employers’ and workers’ organizations concerned.

Article 7. Light work. The Committee noted that section 24 of Order No. 68/13 of 17 May 1968 provides that children aged between 14 and 16 years may be employed in light, healthy work, on the condition that such work does not exceed four hours a day, with regard both to school days and holidays. Such work shall not contravene the requirements in force with regard to schooling. It also noted that section 9 of Departmental Order No. 28/75 of 30 October 1975 includes a list of light and healthy work authorized for persons between the ages of 14 and 16 years. The Committee noted that, according to the Government, Departmental Order No. 28/75 would be revised very soon. It thus requests the Government to forward to the Office a copy of the Order once it has been amended.

Article 1 and Part V of the report form. National policy and application in practice of the Convention. The Committee noted that, according to the ILO’s statistical data, around 1,895,000 children aged between 10 and 14 years were economically active in the year 2000. Of this number, 1,003,000 were boys and 892,000 were girls. Furthermore, the Committee noted that, in its concluding observations in July 2001 (CRC/C/15/Add.153, paragraph 66), the Committee on the Rights of the Child joined the State party in expressing concern at the prevalence of child labour, especially in informal sectors which frequently fall outside of the protections afforded by domestic legislation. The Committee recommended that the State party make every effort to end child labour, including through the dissemination of children's rights to employers, parents, the public in general and to children themselves. The Committee recommended, in particular, that the State party implement measures to enforce domestic legal protections in both the formal and informal work sectors.

Furthermore, the Committee noted that under section 187, paragraph 1, of the Labour Code, the labour inspectorate is responsible for ensuring the application of legal provisions governing working conditions and the protection of workers whilst carrying out their work, in particular with regard to the provisions governing child labour. The Committee noted however that, according to the information available to the ILO, the labour inspection service does not operate throughout the entire country. It also notes the information forwarded by the Government in its initial report to the Committee on the Rights of the Child in August 2000 (CRC/C/3/Add.57, paragraph 196), according to which, given the current disastrous economic situation, where employment in the informal economic sector is the only answer for the majority of the population, a number of parents tolerate or even send their children to do work which the latter are forbidden to perform by law.

The Committee was concerned by the situation of young children in the Democratic Republic of the Congo who are forced to work out of personal necessity. In this regard, it noted that, according to the statistical data mentioned above, the implementation of regulations governing child labour appeared to present certain difficulties and that child labour was a problem in practice. The Committee requests the Government to increase its efforts to gradually improve the situation, in particular through the adoption of a national policy ensuring the effective abolition of child labour. The Committee asks the Government to communicate information on measures taken or envisaged to ensure the effective functioning of the labour inspection service. The Committee also requests 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.

CMNT_TITLE

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. 1. Scope of application. (i) Self-employment. The Committee notes that, under the terms of section 1, paragraph 1, of Act No. 015/2002 of 16 October 2002 promulgating the Labour Code (henceforth to be referred to as the Labour Code), the Code applies to all workers and employers. Section 7(a) of the Labour Code defines the term worker as “any physical person old enough to enter into a contract who has undertaken to place his or her occupational activity, in return for remuneration, under the direction and authority of a physical or moral, public or private, person, bound by an employment contract”. Section 7(b) of the Code defines the term “employer” as “any physical or moral person, public or private, who employs the services of one or more workers by virtue of an employment contract”. The Committee notes that, by virtue of these provisions, the Labour Code only applies to a labour relationship. Furthermore, the Committee notes that, by virtue of section 133, paragraph 1, of the Labour Code, children may not be employed in an enterprise, even as apprentices, prior to the age of 15, unless an express exemption is granted by the labour inspector and the parental authority or guardian.

The Committee recalls that the Convention is applicable to all branches of economic activity and that it covers all types of employment and labour, whether they be carried out on the basis of an employment relationship or not and whether the worker concerned is remunerated or not. It also recalls that, by virtue of Article 2, paragraph 1, of the Convention, no one under the minimum age of 15 years shall be admitted to employment or work in any occupation, subject to the provisions of Articles 4 to 8 of the present Convention. The Committee therefore requests the Government to provide information on the manner in which those children not bound by an employment relationship, such as those who are self-employed, or who do not work in an enterprise, enjoy the protection provided for in the Convention.

(ii) Seafarers. The Committee notes the information provided by the Government, according to which, in the case of the maritime sector, Ordinance No. 66-98 of 14 March 1996 promulgating the relevant Code states, in section 216, that no one may enter into a maritime contractual commitment unless he has reached the age of 16, in the case of port work and 18 in the case of work carried out in the engine room. The Committee requests the Government to provide a copy of Ordinance No. 66-98 of 14 March 1996.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee notes that, in its initial report transmitted to the Committee on the Rights of the Child in August 2000 (CRC/C/3/Add.57, paragraphs 149, 156 and 157), the Government indicated that the right to education is guaranteed by the transitional Constitution and Framework Act No. 86/005 (national education) of 29 September 1986 (henceforth Law No. 86/005). Section 115 of Act No. 86/005 makes schooling compulsory for boys and girls until they have completed their 15th year. The States General of National Education provide for primary education to be free of charge. The Government, however, indicated that this Law has not entered into force, for lack of implementing measures. Moreover, the Government also indicated that, as a consequence of the worsening economic crisis, children, especially boys, drop out of school from the age of 12 or 13 years onwards to make a living by their wits. 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 its concern at the high number of children who never attend school or who drop out early from their formal education. The Committee is further concerned that Act No. 86/005 of 29 September 1986 on national education has not yet entered into force, with a negative impact on children’s access to education. The Committee is concerned that school infrastructure and equipment are very inadequate. The Committee urged the Government to adopt and implement legislation establishing a minimum age for the completion of compulsory education and providing for genuinely free primary and, as far as possible, secondary education, with emphasis on assisting children from the most disadvantaged backgrounds. The Committee also recommended that the Government implement measures to increase enrolment of children in school and reduce the drop-out rate.

The Committee considers that compulsory schooling is one of the most effective means of combating child labour. Having taken account of the information mentioned above, the Committee requests the Government to take the necessary measures in order to ensure that Act No. 86/005 enters into force as soon as possible. Furthermore, in order to prevent child labour from occurring, the Committee requests the Government to transmit information on the measures taken or envisaged to increase school attendance and to reduce school drop-out rates. It also requests the Government to indicate the manner in which compulsory schooling is effectively followed up in practice and to provide information concerning rates of school enrolment and attendance.

Article 3, paragraph 1. Minimum age of admission to hazardous work. The Committee notes the information provided by the Government, according to which Ministerial Order No. 68/13 of 17 May 1968, establishing the working conditions of women and children (henceforth Order No. 68/13) remains in force pending the completion of new measures of application of the Labour Code of 2002. Under the terms of section 1 of Order No. 68/13, all employers are prohibited from employing children in work exceeding their physical capacities, work which exposes them to high occupational risks, or which, by its nature and the conditions under which it is carried out, is likely to harm their morals. The Committee notes that Order No. 68/13 does not contain any definition of the term “child”. It notes, however, that section 219 of the Family Code defines the term “minor” as an individual of either sex who is not yet 18 years old. The Committee understands that the term “child” used in article 1 of Order No. 68/13 applies to children under 18 years of age. It would be grateful if the Government would provide a precise definition of this term.

As to the new implementing measures of the Labour code of 2002 that the Government intends to adopt, the Committee recalls that, under the terms of Article 3, paragraph 1, of the Convention, the minimum age of admission to hazardous work, that is to say to any type of employment or work which, by its nature or the circumstances in which it is carried out is likely to jeopardize the health, safety or morals of young persons, shall not be less than 18 years. The Committee requests the Government to take into consideration the provisions of Article 3, paragraph 1, when the measures of application of the Labour Code of 2002 are being formulated.

Article 3, paragraph 2. Determination of types of hazardous work. The Committee notes that section 32 of Order No. 68/13 includes a list of hazardous and unhealthy work prohibited to children under the age of 18. It also notes that paragraph 13 of section 32 prohibits in a general manner any work prohibited by a labour inspector due to its hazardous or unhealthy nature. Furthermore, section 28 of Order No. 68/13 prohibits the use of children under the age of 18 in the regular transportation of loads. Under the terms of section 31, children of both sexes under the age of 18 may not be employed in the transportation of loads on hand-trucks or other similar vehicles. Furthermore, section 35 provides that the employment of children aged under 18 years in bars and other public places where alcoholic drinks are consumed is prohibited. The Committee notes that this Order was adopted under the Labour Code of 1967. In so far as a new Labour Code was adopted in 2002, the Committee refers to the provisions of Paragraph 10(2) of Minimum Age Recommendation, 1973 (No. 146), which requests the Government to re-examine periodically and revise the list of the types of employment or work addressed by Article 3 of the Convention, as necessary, particularly in the light of advancing scientific and technological knowledge. The Committee requests the Government to indicate whether the labour inspector has prohibited certain types of work because of their hazardous or unhealthy nature, as provided for in paragraph 13 of section 32 of Order No. 68/13.

Article 3, paragraph 3. Admission to hazardous work from the age of 16 years. The Committee notes that section 37 of Order No. 68/13 states that the labour inspector may grant temporary exemptions to the provisions of section 32 (hazardous and unhealthy work) for children over the age of 16 years and under 18 years when urgent vocational training needs require it, upon request by the employer and when authorized by the labour inspector for that particular region. These exemptions are not authorized for young female workers. The Committee also notes that, according to section 25 of Order 68/13, children over 16 years and under 18 years may not carry out more than eight hours of effective work per day. When working hours exceed four hours a day, this period should be interrupted by one or more breaks, the total duration of which should be no shorter than an hour. Furthermore, the Committee notes that, under the terms of section 137 of the Labour Code, the labour inspector may request that children be examined by a doctor in order to check whether the work in which they have been engaged exceeds their physical capabilities.

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 envisage in order to ensure that young people aged between 16 and 18 years who are authorized to carry out 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, according to section 133 of the Labour Code, children may not be employed in an enterprise, even as apprentices, prior to the age of 15, unless an express exemption is granted by the labour inspector and the parental authority or guardian. Section 24, paragraph 2, of the Code provides that the master is obliged to treat the apprentice with consideration and respect throughout the period of the apprenticeship and to monitor his health and safety while taking account of the circumstances and nature of the work. Under the terms of section 26, paragraph 2, of the Code, the apprentice must carry out the work entrusted to him to the best of his ability. Moreover, according to section 33 of the Code, the labour inspector is responsible for overseeing the execution of the apprenticeship contract. The Committee requests the Government to provide information on the rules governing apprenticeship in the Democratic Republic of the Congo, especially with regard to the working conditions of apprentices in practice and consultations with the employers’ and workers’ organizations concerned.

Article 7. Light work. The Committee notes that section 24 of Order No. 68/13 of 17 May 1968 provides that children aged between 14 and 16 years may be employed in light, healthy work, on the condition that such work does not exceed four hours a day, with regard both to school days and holidays. Such work shall not contravene the requirements in force with regard to schooling. It also notes that section 9 of Departmental Order No. 28/75 of 30 October 1975 includes a list of light and healthy work authorized for persons between the ages of 14 and 16 years. The Committee notes that, according to the Government, Departmental Order No. 28/75 will be revised very soon. It thus requests the Government to forward to the Office a copy of the Order once it has been amended.

Article 1 and Part V of the report form. National policy and application in practice of the Convention. The Committee notes that, according to the ILO’s statistical data, around 1,895,000 children aged between 10 and 14 years were economically active in the year 2000. Of this number, 1,003,000 were boys and 892,000 were girls. Furthermore, the Committee notes that, in its concluding observations in July 2001 (CRC/C/15/Add.153, paragraph 66), the Committee on the Rights of the Child joined the State party in expressing concern at the prevalence of child labour, especially in informal sectors which frequently fall outside of the protections afforded by domestic legislation. The Committee recommended that the State party make every effort to end child labour, including through the dissemination of children's rights to employers, parents, the public in general and to children themselves. The Committee recommended, in particular, that the State party implement measures to enforce domestic legal protections in both the formal and informal work sectors.

Furthermore, the Committee notes that under section 187, paragraph 1, of the Labour Code, the labour inspectorate is responsible for ensuring the application of legal provisions governing working conditions and the protection of workers whilst carrying out their work, in particular with regard to the provisions governing child labour. The Committee notes however that, according to the information available to the ILO, the labour inspection service does not operate throughout the entire country. It also notes the information forwarded by the Government in its initial report to the Committee on the Rights of the Child in August 2000 (CRC/C/3/Add.57, paragraph 196), according to which, given the current disastrous economic situation, where employment in the informal economic sector is the only answer for the majority of the population, a number of parents tolerate or even send their children to do work which the latter are forbidden to perform by law.

The Committee is concerned by the situation of young children in the Democratic Republic of the Congo who are forced to work out of personal necessity. In this regard, it notes that, according to the statistical data mentioned above, the implementation of regulations governing child labour appears to present certain difficulties and that child labour is a problem in practice. The Committee requests the Government to increase its efforts to gradually improve the situation, in particular through the adoption of a national policy ensuring the effective abolition of child labour. The Committee asks the Government to communicate information on measures taken or envisaged to ensure the effective functioning of the labour inspection service. The Committee also requests 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.

CMNT_TITLE

The Committee notes the Government’s first report.

Article 2, paragraph 1, of the Convention. 1. Scope of application. (i) Self-employment. The Committee notes that, under the terms of section 1, paragraph 1, of Act No. 015/2002 of 16 October 2002 promulgating the Labour Code (henceforth to be referred to as the Labour Code), the Code applies to all workers and employers. Section 7(a) of the Labour Code defines the term worker as "any physical person old enough to enter into a contract who has undertaken to place his or her occupational activity, in return for remuneration, under the direction and authority of a physical or moral, public or private, person, bound by an employment contract". Section 7(b) of the Code defines the term "employer" as "any physical or moral person, public or private, who employs the services of one or more workers by virtue of an employment contract". The Committee notes that, by virtue of these provisions, the Labour Code only applies to a labour relationship. Furthermore, the Committee notes that, by virtue of section 133, paragraph 1, of the Labour Code, children may not be employed in an enterprise, even as apprentices, prior to the age of 15, unless an express exemption is granted by the labour inspector and the parental authority or guardian.

The Committee recalls that the Convention is applicable to all branches of economic activity and that it covers all types of employment and labour, whether they be carried out on the basis of an employment relationship or not and whether the worker concerned is remunerated or not. It also recalls that, by virtue of Article 2, paragraph 1, of the Convention, no one under the minimum age of 15 years shall be admitted to employment or work in any occupation, subject to the provisions of Articles 4 to 8 of the present Convention. The Committee therefore requests the Government to provide information on the manner in which those children not bound by an employment relationship, such as those who are self-employed, or who do not work in an enterprise, enjoy the protection provided for in the Convention.

(ii) Seafarers. The Committee notes the information provided by the Government, according to which, in the case of the maritime sector, Ordinance No. 66-98 of 14 March 1996 promulgating the relevant Code states, in section 216, that no one may enter into a maritime contractual commitment unless he has reached the age of 16, in the case of port work and 18 in the case of work carried out in the engine room. The Committee requests the Government to provide a copy of Ordinance No. 66-98 of 14 March 1996.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee notes that, in its initial report transmitted to the Committee on the Rights of the Child in August 2000 (CRC/C/3/Add.57, paragraphs 149, 156 and 157), the Government indicated that the right to education is guaranteed by the transitional Constitution and Framework Act No. 86/005 (national education) of 29 September 1986 (henceforth Law No. 86/005). Section 115 of Act No. 86/005 makes schooling compulsory for boys and girls until they have completed their 15th year. The States General of National Education provide for primary education to be free of charge. The Government, however, indicated that this Law has not entered into force, for lack of implementing measures. Moreover, the Government also indicated that, as a consequence of the worsening economic crisis, children, especially boys, drop out of school from the age of 12 or 13 years onwards to make a living by their wits. 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 its concern at the high number of children who never attend school or who drop out early from their formal education. The Committee is further concerned that Act No. 86/005 of 29 September 1986 on national education has not yet entered into force, with a negative impact on children’s access to education. The Committee is concerned that school infrastructure and equipment are very inadequate. The Committee urged the Government to adopt and implement legislation establishing a minimum age for the completion of compulsory education and providing for genuinely free primary and, as far as possible, secondary education, with emphasis on assisting children from the most disadvantaged backgrounds. The Committee also recommended that the Government implement measures to increase enrolment of children in school and reduce the drop-out rate.

The Committee considers that compulsory schooling is one of the most effective means of combating child labour. Having taken account of the information mentioned above, the Committee requests the Government to take the necessary measures in order to ensure that Act No. 86/005 enters into force as soon as possible. Furthermore, in order to prevent child labour from occurring, the Committee requests the Government to transmit information on the measures taken or envisaged to increase school attendance and to reduce school drop-out rates. It also requests the Government to indicate the manner in which compulsory schooling is effectively followed up in practice and to provide information concerning rates of school enrolment and attendance.

Article 2, paragraphs 4 and 5. Specification of the minimum age of admission to employment or work at 14 years. At the time of the ratification of the Convention, the Democratic Republic of the Congo specified that the minimum age of admission to employment or work was 14 years, in accordance with Article 2, paragraph 4, of the Convention. The Committee requests the Government to indicate whether consultations with employers’ and workers’ organizations have been held with a view to setting the minimum age of admission to employment or work at 14 years and, if need be, to transmit information in this regard. It also requests the Government to provide information on the reasons for its decision to specify a minimum age of 14 years, in accordance with Article 2, paragraph 5, of the Convention.

Article 3, paragraph 1. Minimum age of admission to hazardous work. The Committee notes the information provided by the Government, according to which Ministerial Order No. 68/13 of 17 May 1968, establishing the working conditions of women and children (henceforth Order No. 68/13) remains in force pending the completion of new measures of application of the Labour Code of 2002. Under the terms of section 1 of Order No. 68/13, all employers are prohibited from employing children in work exceeding their physical capacities, work which exposes them to high occupational risks, or which, by its nature and the conditions under which it is carried out, is likely to harm their morals. The Committee notes that Order No. 68/13 does not contain any definition of the term "child". It notes, however, that section 219 of the Family Code defines the term "minor" as an individual of either sex who is not yet 18 years old. The Committee understands that the term "child" used in article 1 of Order No. 68/13 applies to children under 18 years of age. It would be grateful if the Government would provide a precise definition of this term.

As to the new implementing measures of the Labour code of 2002 that the Government intends to adopt, the Committee recalls that, under the terms of Article 3, paragraph 1, of the Convention, the minimum age of admission to hazardous work, that is to say to any type of employment or work which, by its nature or the circumstances in which it is carried out is likely to jeopardize the health, safety or morals of young persons, shall not be less than 18 years. The Committee requests the Government to take into consideration the provisions of Article 3, paragraph 1, when the measures of application of the Labour Code of 2002 are being formulated.

Article 3, paragraph 2. Determination of types of hazardous work. The Committee notes that section 32 of Order No. 68/13 includes a list of hazardous and unhealthy work prohibited to children under the age of 18. It also notes that paragraph 13 of section 32 prohibits in a general manner any work prohibited by a labour inspector due to its hazardous or unhealthy nature. Furthermore, section 28 of Order No. 68/13 prohibits the use of children under the age of 18 in the regular transportation of loads. Under the terms of section 31, children of both sexes under the age of 18 may not be employed in the transportation of loads on hand-trucks or other similar vehicles. Furthermore, section 35 provides that the employment of children aged under 18 years in bars and other public places where alcoholic drinks are consumed is prohibited. The Committee notes that this Order was adopted under the Labour Code of 1967. In so far as a new Labour Code was adopted in 2002, the Committee refers to the provisions of Paragraph 10(2) of Minimum Age Recommendation, 1973 (No. 146), which requests the Government to re-examine periodically and revise the list of the types of employment or work addressed by Article 3 of the Convention, as necessary, particularly in the light of advancing scientific and technological knowledge. The Committee requests the Government to indicate whether the labour inspector has prohibited certain types of work because of their hazardous or unhealthy nature, as provided for in paragraph 13 of section 32 of Order No. 68/13.

Article 3, paragraph 3. Admission to hazardous work from the age of 16 years. The Committee notes that section 37 of Order No. 68/13 states that the labour inspector may grant temporary exemptions to the provisions of section 32 (hazardous and unhealthy work) for children over the age of 16 years and under 18 years when urgent vocational training needs require it, upon request by the employer and when authorized by the labour inspector for that particular region. These exemptions are not authorized for young female workers. The Committee also notes that, according to section 25 of Order 68/13, children over 16 years and under 18 years may not carry out more than eight hours of effective work per day. When working hours exceed four hours a day, this period should be interrupted by one or more breaks, the total duration of which should be no shorter than an hour. Furthermore, the Committee notes that, under the terms of section 137 of the Labour Code, the labour inspector may request that children be examined by a doctor in order to check whether the work in which they have been engaged exceeds their physical capabilities.

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 envisage in order to ensure that young people aged between 16 and 18 years who are authorized to carry out 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, according to section 133 of the Labour Code, children may not be employed in an enterprise, even as apprentices, prior to the age of 15, unless an express exemption is granted by the labour inspector and the parental authority or guardian. Section 24, paragraph 2, of the Code provides that the master is obliged to treat the apprentice with consideration and respect throughout the period of the apprenticeship and to monitor his health and safety while taking account of the circumstances and nature of the work. Under the terms of section 26, paragraph 2, of the Code, the apprentice must carry out the work entrusted to him to the best of his ability. Moreover, according to section 33 of the Code, the labour inspector is responsible for overseeing the execution of the apprenticeship contract. The Committee requests the Government to provide information on the rules governing apprenticeship in the Democratic Republic of the Congo, especially with regard to the working conditions of apprentices in practice and consultations with the employers’ and workers’ organizations concerned.

Article 7. Light work. The Committee notes that section 24 of Order No. 68/13 of 17 May 1968 provides that children aged between 14 and 16 years may be employed in light, healthy work, on the condition that such work does not exceed four hours a day, with regard both to school days and holidays. Such work shall not contravene the requirements in force with regard to schooling. It also notes that section 9 of Departmental Order No. 28/75 of 30 October 1975 includes a list of light and healthy work authorized for persons between the ages of 14 and 16 years. The Committee notes that, according to the Government, Departmental Order No. 28/75 will be revised very soon. It thus requests the Government to forward to the Office a copy of the Order once it has been amended.

Article 8. Artistic performances. In its report, the Government indicates that it has not invoked this provision of the Convention. The Committee recalls that Article 8 of the Convention provides for the possibility, by way of an exception to the minimum age of admission to employment and occupation, and following consultations with the employers’ and workers’ organizations concerned, of granting individual permits to allow participation in activities such as artistic performances. Permits so granted shall limit the number of hours during which and prescribe the conditions in which employment or work is allowed.

Article 1 and Part V of the report form. National policy and application in practice of the Convention. The Committee notes that, according to the ILO’s statistical data, around 1,895,000 children aged between 10 and 14 years were economically active in the year 2000. Of this number, 1,003,000 were boys and 892,000 were girls. Furthermore, the Committee notes that, in its concluding observations in July 2001 (CRC/C/15/Add.153, paragraph 66), the Committee on the Rights of the Child joined the State party in expressing concern at the prevalence of child labour, especially in informal sectors which frequently fall outside of the protections afforded by domestic legislation. The Committee recommended that the State party make every effort to end child labour, including through the dissemination of children's rights to employers, parents, the public in general and to children themselves. The Committee recommended, in particular, that the State party implement measures to enforce domestic legal protections in both the formal and informal work sectors.

Furthermore, the Committee notes that under section 187, paragraph 1, of the Labour Code, the labour inspectorate is responsible for ensuring the application of legal provisions governing working conditions and the protection of workers whilst carrying out their work, in particular with regard to the provisions governing child labour. The Committee notes however that, according to the information available to the ILO, the labour inspection service does not operate throughout the entire country. It also notes the information forwarded by the Government in its initial report to the Committee on the Rights of the Child in August 2000 (CRC/C/3/Add.57, paragraph 196), according to which, given the current disastrous economic situation, where employment in the informal economic sector is the only answer for the majority of the population, a number of parents tolerate or even send their children to do work which the latter are forbidden to perform by law.

The Committee is concerned by the situation of young children in the Democratic Republic of the Congo who are forced to work out of personal necessity. In this regard, it notes that, according to the statistical data mentioned above, the implementation of regulations governing child labour appears to present certain difficulties and that child labour is a problem in practice. The Committee requests the Government to increase its efforts to gradually improve the situation, in particular through the adoption of a national policy ensuring the effective abolition of child labour. The Committee asks the Government to communicate information on measures taken or envisaged to ensure the effective functioning of the labour inspection service. The Committee also requests 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.