Solicitud directa (CEACR) - Adopción: 2008, Publicación: 98ª reunión CIT (2009)

Article 3 of the Convention. Clause (a). Worst forms of child labour. 
1. Sale and trafficking of children. In its previous comments, the Committee noted that sections 343 and 344 of the Penal Code prohibit the trafficking of persons, including children under 18 years of age, for the purposes of prostitution. It reminded the Government that, under Article 3(a) of the Convention, the sale and trafficking of children are prohibited for both sexual and labour exploitation. The Committee also noted that, in its concluding observations on the second periodic report of Algeria of October 2005 (CRC/C/15/Add.269, paragraphs 78 and 79), the Committee on the Rights of the Child noted with concern that children are victims of trafficking in Algeria and that the country is becoming a place of transit for trafficking between Africa and Western Europe. The Committee on the Rights of the Child strongly deplored the absence of a specific legal framework protecting children against this worst form of child labour and the inadequacy of measures to prevent and eliminate this phenomenon. It recommended the Government to establish a specific legal framework to prevent children from becoming the victims of trafficking for sexual exploitation or for other purposes and to define the term “trafficking” as a special criminal offence, in conformity with the definition contained in the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime. The Committee requested the Government to take the necessary measures to improve the protection of young persons under 18 years of age against trafficking for both economic and sexual exploitation.

The Committee notes the Government’s indication that the draft Labour Code that is currently being prepared introduces new provisions in this respect. The Committee therefore expresses the strong hope that the revision of the Labour Code will be completed in the very near future and that it will include specific provisions prohibiting the sale and trafficking of children under 18 years of age will be included and establish penal sanctions. The Committee requests the Government to provide information on any new developments in this respect. It also requests the Government to redouble its efforts to ensure that, in practice, all cases of the trafficking of children under 18 years of age give rise to investigations and that those guilty are charged, convicted and punished. In this respect, the Committee requests the Government to provide information on the number and nature of the contraventions reported, the investigations undertaken, prosecutions, convictions and the penal sanctions imposed.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee noted previously that, in its concluding observations of October 2005 (CRC/C/15/Add.269, paragraph 78), the Committee on the Rights of the Child noted with deep concern that child prostitution is on the increase in the country and that not only girls but also boys who are working as traders, messengers or domestic workers are particularly at risk of sexual exploitation. The Committee noted that sections 342 and 343 of the Penal Code prohibit and punish the procuring or offering of persons, particularly children, for prostitution. It requested the Government to provide information on the effect given to these provisions in practice. The Committee notes that the Government’s report does not contain any information on this matter. The Committee therefore once again requests the Government to take the necessary measures to ensure that all cases of sexual exploitation of children under 18 years of age for commercial purposes are investigated and that the perpetrators are charged, convicted and punished. Furthermore, it once again asks the Government to provide information on the effect given in practice to sections 342 and 343 of the Penal Code and to provide, for example, statistics on the number and nature of the infringements reported, investigations, prosecutions, convictions and the penal sanctions imposed.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. In its previous comments, the Committee noted that no legislative provision prohibited this worst form of child labour and it requested the Government to indicate the measures taken to this effect. The Committee hopes that the draft Labour Code that is currently being prepared will introduce provisions prohibiting and penalizing the use, procuring or offering of a child under 18 years of age for the production of pornography or for pornographic performances. It requests the Government to provide information on any new development in this respect.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee noted previously that, even though the national legislation establishes severe penalties for the possession, use or trafficking of illegal drugs, no legislative provision prohibits the use, procuring or offering of a child under 18 years of age for the production and trafficking of drugs. The Committee hopes that the draft Labour Code that is currently being prepared will introduce provisions prohibiting and penalizing this worst form of child labour and it requests the Government to provide information on any new development in this respect.

Clause (d). Hazardous work. Self-employed children. In its previous comments, the Committee observed that Act No. 90/11 of 21 April 1990 applied to those governed by individual and collective employment contracts and did not apply to self-employed children. With reference to its comment under Convention No. 138, the Committee once again requests the Government to provide information on the measures adopted to ensure protection against hazardous work for children engaged in a non-wage economic activity, such as self-employed children.

Article 4, paragraph 1. Determination of hazardous types of work. With reference to its previous comments, the Committee notes the Government’s indication that the issue of determining hazardous types of work has been taken into account in the context of the new Labour Code that is currently being prepared and that the organizations of employers and workers have been consulted in this respect. The Committee expresses the strong hope that the revision of the Labour Code will be completed in the near future and that it will contain provisions determining hazardous types of work prohibited for children under 18 years of age. It requests the Government to provide information on any progress achieved in this respect.

Article 7, paragraph 2. Effective and time-bound measures. The Committee takes due note of the information provided by the Government concerning the awareness-raising activities for the population organized in 2007 on action to combat child labour, and particularly the World Day against Child Labour devoted to the elimination of child labour in agriculture. It also takes due note of the measures adopted in respect of education, and particularly the adoption of the National Action Programme (2008–15), which includes among its objectives access to basic education for all. The Committee encourages the Government to continue its efforts to combat child labour, and particularly its worst forms.

Clauses (a) and (b). Preventing children from being engaged in the worst forms of child labour, removing them from these worst forms of child labour and ensuring their rehabilitation and social integration. Trafficking of children. In its previous comments, the Committee noted that, in its concluding observations of October 2005 (CRC/C/15/Add.269), the Committee on the Rights of the Child expressed serious concern at the inadequate nature of the services for the rehabilitation and social integration of child victims of trafficking. It notes that the Government has not provided information on this issue. The Committee therefore once again requests the Government to provide information on the time-bound measures taken to: (a) prevent children from becoming victims of trafficking for the purposes of economic or sexual exploitation; and (b) ensure the necessary and appropriate direct assistance for the removal of child victims of this worst form of child labour and for their rehabilitation and social integration.

Clause (d). Children particularly exposed to risk. Street children. The Committee noted previously that, in its concluding observations of October 2005 (CRC/C/15/Add.269, paragraph 76), the Committee on the Rights of the Child noted the conclusions of a study conducted in 2001 according to which socio-economic problems such as poor housing conditions, unemployment and poverty, and also family problems, such as violence and abuse in the family, drive children to live in the streets. Moreover, the Committee on the Rights of the Child expressed concern at the limited access of street children to adequate social and health services and at that their venerability to economic and sexual exploitation. Noting the absence of information in the Government’s report, the Committee once again recalls that street children are particularly exposed to the worst forms of child labour and it requests the Government to take the necessary measures to protect them from the worst forms of child labour and to ensure their rehabilitation and social integration. It requests the Government to provide information on developments in this respect.

Article 8. Cooperation. 1. Cooperation agreements. In its previous comments, the Committee indicated that bilateral or international cooperation between the enforcement bodies and the judicial authorities is essential to prevent and eliminate the worst forms of child labour, and particularly the sale and trafficking of children, through the gathering and exchange of information and through assistance in identifying and prosecuting the individuals involved and repatriating victims. Noting the lack of information in the Government’s report, the Committee requests it once again to take the necessary measures to conclude bilateral or multilateral agreements and adopt cooperation programmes with the countries of origin and transit of child victims of trafficking, thereby re-enforcing security measures aimed at the prevention and elimination of this worst form of child labour. It requests the Government to provide information in this respect.

2. Poverty reduction. With reference to its previous comments, the Committee notes the information provided by the Government according to which it has adopted social and economic measures to combat child labour and its worst forms, including in particular the provision of education grants to assist poor families. Considering that poverty reduction programmes contribute to breaking the cycle of poverty, which is essetial for the elimination of the worst forms of child labour, the Committee encourages the Government to pursue its efforts to this end.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s indication that the survey on the legal age for work conducted by the labour inspectorate in 2006 shows that a very low proportion of children under the age of 16 years are in engaged in work in the country, namely 0.54 per cent of the total number. According to the Government, these statistics confirm that Algeria is not at all concerned by the worst forms of child labour. The Committee however notes that, according to the information of the Committee on the Rights of the Child referred to under Article 3(a) and (b) of the Convention concerning the sale and trafficking of children and child prostitution, problems exist in the country in relation to these worst forms of child labour. According to the Government, a survey by the labour inspection services is envisaged in the third quarter of 2008. The Committee therefore hopes that the Government will be in a position to provide information in its next report on the application of the Convention in practice. In this respect, the Committee requests the Government to provide statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of the infringements reported, investigations, prosecutions, convictions and penal sanctions applied. To the extent possible, the information provided should be disaggregated by sex.