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

Repetition

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or similar practices. Forced labour of children for sexual exploitation. In its previous comments the Committee noted that section 183 of Act No. 09/001 of 10 January 2009 concerning child protection establishes a penalty of penal servitude of ten to 20 years for imposing sexual slavery on a child. Nevertheless, the Committee observed that the Committee on the Rights of the Child (CRC), in its concluding observations of 10 February 2009 (CRC/C/COD/CO/2, paragraph 10), expressed concern that the enacted laws are not always followed by the issuance of appropriate implementing decrees, that law enforcement mechanisms are weak and that no activities have been carried out to raise awareness of these laws which are, consequently, not applied or implemented.

The Committee notes the Government’s indication that consultations have been initiated with a view to collecting statistics on the application, in practice, of legislative texts relating to the sale and trafficking of children for sexual exploitation. The Committee notes that, according to a 2011 report on trafficking in persons on the website of the United Nations High Commissioner for Refugees (UNHCR), Congolese girls are the victims of forced prostitution in improvised brothels and in camps, and also in the vicinity of mines and markets. Moreover, the various armed groups continue to abduct children for sexual exploitation. The Committee observes that, despite the prohibition on sexual slavery in national law, the situation remains extremely worrying in practice. It therefore expresses its deep concern at the situation of many Congolese girls who are the victims of forced labour for sexual exploitation by the different armed groups and by various gangs. The Committee urges the Government to take immediate and effective measures to ensure the thorough investigation and robust prosecution of persons who subject children under 18 years of age to forced labour for sexual exploitation and the imposition in practice of effective penalties constituting an adequate deterrent, pursuant to Act No. 09/001 of 10 January 2009. It requests the Government to provide statistics in its next report on the number of investigations, prosecutions, convictions and criminal penalties imposed in relation to the perpetrators of the aforementioned offences.

Article 6. Programmes of action. Further to its previous comments the Committee notes the Government’s indication that, since March 2011, the National Committee for Action against the Worst Forms of Child Labour has been drawing up the National Plan of Action (PAN) for the elimination of child labour by 2020, in collaboration with ILO–IPEC. The Government indicates in its report that upstream measures aim to strengthen the capacities of national, provincial and local institutions in order to tackle the issue of the elimination of the worst forms of child labour. These measures are directed in particular at reforming national law, improving the functioning of the education system and raising public awareness of the worst forms of child labour. Downstream measures are specific interventions designed to provide assistance for working children and their families. The Committee expresses the hope that the PAN will be adopted in the near future and requests it to supply detailed information on the specific measures to be taken or contemplated in this context. It also requests the Government to send a copy of the PAN, once it has been adopted.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted the low school enrolment rate in the country (about 40 per cent of all children of school age). It observed that, in the context of the “Education for All” goals, the country has established a number of projects to boost the education sector, including PARSEC and PASE. The Committee asked the Government to send information on the measures taken in the context of these two projects.

The Committee observes that the Government’s report does not contain any information on this matter. It notes the 2011 Education for All Global Monitoring Report published by UNESCO, entitled The hidden crisis: Armed conflict and education. This document reveals that poor countries in conflict situations, such as the Democratic Republic of the Congo, are the countries that are furthest away from achieving the “Education for All” goals. The Committee notes in particular that conflict zones often lag behind other areas. For example, in North Kivu province, adolescents and young adults are twice as likely, in comparison with the national average, to have less than two years in school. In addition, the forced recruitment of children from schools for use in armed conflict is common practice in the area, and this has led to the closure of many schools. Moreover, many girls have been the victims of rape on their way to school. The Committee expresses its concern at the large number of children deprived of education because of the armed conflict in the Democratic Republic of the Congo. In view of the fact that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee urges the Government to intensify its efforts to improve the functioning of the education system in the country and to facilitate access to free basic education for all Congolese children, especially in areas affected by armed conflict. It again requests the Government to supply information on the measures taken in the context of the PARSEC and PASE projects to increase the school attendance rate, both at primary and secondary level, giving particular attention to girls. It also requests the Government to provide information on the results achieved.

Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour, removing them from such work and ensuring their rehabilitation and social integration. Forced labour of children for sexual exploitation. The Committee previously noted that the Government had established a multi-sectoral cooperation and action framework to prevent and respond to violence inflicted upon women, young persons and children, and that various ministries, United Nations agencies and NGOs were participating in this framework. The action taken in this context included the adoption of laws relating to sexual violence, awareness-raising so that victims report their aggressors, psychological and social support for victims, medical treatment through the creation or reinforcement of health centre facilities to provide suitable care for victims, and legal support through the creation of legal advice centres.

The Committee notes with regret that the Government’s report, once again, does not contain any information on the impact of the measures taken within this multi-sectoral framework. The Committee urges the Government to take effective and time-bound measures to remove children under 18 years of age who are victims of forced labour for sexual exploitation and ensure their rehabilitation and social integration. It requests the Government to send information on specific measures contemplated in this regard, especially in the context of the PAN.

Clause (d). Children at special risk. Street children. Further to its previous comments the Committee notes that, according to a UNICEF press release dated 16 June 2011, some 30,000 children under 18 years of age live in the country’s streets, mostly in Kinshasa. Moreover, a large number of young girls, some of them less than 10 years old, work as prostitutes in the streets. The Committee also notes that the CRC, in its concluding observations of 10 February 2009 (CRC/C/COD/CO/2, paragraph 76), while noting with interest the Government’s efforts to protect street children, expressed concern at the fact that street children have insufficient access to lodging, food, health care, education and rehabilitation services. In view of the fact that street children are at particular risk of becoming involved in the worst forms of child labour, the Committee requests the Government to intensify its efforts to protect street children from the worst forms of child labour and ensure their rehabilitation and social integration. It also requests the Government to provide information on the measures taken or contemplated by the National Committee for Action against the Worst Forms of Child Labour to remove street children under 18 years of age from the worst forms of child labour and ensure their rehabilitation and social integration in the context of the PAN.

HIV/AIDS orphans. Further to its previous comments, the Committee notes the Government’s report on monitoring the implementation of the UNGASS Declaration of Commitment on HIV/AIDS of 31 March 2010. The report indicates that 25 per cent of children under 18 years of age in the Democratic Republic of the Congo are considered to be orphans and vulnerable children (OVCs), i.e. over 1 million children and adolescents. The Committee also notes that the school attendance rate is higher among children living with at least one parent (81 per cent) than among orphans (63 per cent). Recalling that HIV/AIDS orphans are at greater risk of becoming involved in the worst forms of child labour, the Committee encourages the Government to intensify its efforts to prevent HIV/AIDS orphans from becoming involved in the worst forms of child labour. It requests the Government to supply information on the measures taken and the results achieved in the context of the UNGASS Declaration of Commitment on HIV/AIDS.

Article 8. International cooperation and assistance. The Committee noted that, according to World Bank information, the Government was preparing a Poverty Reduction Strategy Paper (PRSP). The Committee also noted the Government’s indication that the Growth and Poverty Reduction Strategy Paper (GPRSP) has been drawn up and that a five-year programme of action would be implemented.

Recalling that poverty reduction programmes contribute to breaking the cycle of poverty, which is essential for the elimination of the worst forms of child labour, the Committee again requests the Government to provide information in its next report on the results achieved in the context of the programme of action for the implementation of the GPRSP and its impact on the elimination of the worst forms of child labour.