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

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

Other comments on C138

Observation

Direct Request

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Previous observation and previous direct request

Article 2(3) of the Convention. Age of completion of compulsory schooling. The Committee notes, in the Government’s report, statistics on the rates of school enrolment and attendance compiled during the development of the sectoral education strategy 2021–30. They show a total primary school completion rate of 78.86 per cent and a total secondary school completion rate of 67.35 per cent.

The Committee takes due note of the Government’s information that, within the framework of the sectoral education strategy 2015–30, 104 preschools, education, training and apprenticeship centres, and a national centre for vocational rehabilitation for persons with disabilities have been built in the country. The Government also indicates that a rehabilitation centre for vulnerable children has been established, as part of an informal literacy and education initiative, with a view to providing alternatives for out-of-school children.

It also takes due note of the information that the national action plan to improve the quality of life of indigenous populations 2022–25 provides for training for indigenous teachers, in order to adapt education to their way of living, under the provisions of Decree No. 2019-204 of 12 July 2019 on special measures to facilitate access for indigenous children to education and adults to literacy. The Committee notes, however, that, according to the Report on the right of indigenous peoples of the United Nations Human Rights Council, of 10 July 2020, the Special Rapporteur expressed deep concern at the percentage of indigenous children who were out of school (65 per cent des of indigenous children aged 12 to 15 years, compared with 39 per cent in the general national population) (A/HRC/45/34/Add.1, paras 45 and 49). Recalling once again that compulsory education is one of the most effective means of combating child labour, the Committee requests the Government to intensify its efforts to ensure that children who have not yet reached the minimum age for admission to occupation or employment, set at 14 years, are included in the education system. It requests the Government to provide detailed information on the specific measures taken in this respect, within the framework of the sectoral education strategy and the national action plan to improve the quality of life of indigenous populations, as well as on the results achieved. The Committee also encourages the implementation of appropriate measures to improve completion rates, which remain relatively low. In this regard, it requests it to continue to provide detailed statistics relating to the rates of school enrolment and particularly completion rate of children under 14 years, in both rural and urban areas, and disaggregated by age and gender.

Article 3(2) and (3). Determination of hazardous types of work and age of admission to hazardous work. Further to its previous comments, the Committee takes due note of the Government’s information that one of the strategic priorities is the revision of the list of hazardous work prohibited to children under 18 years of age, in all economic branches of activity. It also notes the Government’s information that a preliminary study was deemed necessary to appropriately determine the types of hazardous work by sector of activity, following the complexity of the revision of the 1953 regulatory text, and the rejection of a draft decree drawn up solely by the Minister of Justice. The Committee requests the Government to take the necessary measures to ensure the adoption of the decree determining the list of types of hazardous work prohibited to children under 18 years of age, under section 68(d) of the Child Protection Act, in consultation with the social partners. It requests the Government to provide information on progress made in this regard.

The Committee is raising other matters in a request addressed directly to the Government.