Observation (CEACR) - adoptée 2021, publiée 110ème session CIT (2022)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Congo (Ratification: 2002)

Autre commentaire sur C182

Observation

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The Committee notes with deep concern that the report of the Government, due since 2009, has not been received. In view of the urgent appeal that it launched to the Government in 2019, the Committee proceeded with the examination of the application of the Convention on the basis of the information at its disposal.

Articles 3 and 7(1) of the Convention. Worst forms of child labour and penalties. Clause (a). All forms of slavery or similar practices. Sale and trafficking of children. In its previous comments, the Committee noted the Government’s statement that there is child trafficking between Benin and Congo for the purpose of forcing children to work in Pointe-Noire in trading or domestic work. The Committee noted that sections 345, 354 and 356 of the Penal Code lay down penalties for anyone found guilty of the forcible or fraudulent abduction of persons including young persons under 18 years of age. It requested the Government to indicate to what extent sections 345, 354 and 356 of the Penal Code have been implemented in practice.

The Committee notes that, in addition to the provisions of the Penal Code, Act No. 4-2010 of 14 June 2010 on child protection in the Republic of the Congo contains provisions prohibiting and punishing the trafficking, sale and all forms of exploitation of children, including exploitation for prostitution or other forms of sexual exploitation, forced labour or services and slavery (section 60 onwards). Furthermore, the Committee takes note of the adoption of Act No. 22-2019 of 17 June 2019 on combating trafficking in persons, which contains detailed provisions on the offence of trafficking and other related offences (such as sexual exploitation, labour exploitation or exploitation of begging), as well as harsher penalties when the offence is committed against a particularly vulnerable victim, such as a child.

However, the Committee notes that in its concluding observations of 25 February 2014, the Committee on the Rights of the Child (CRC), while welcoming the local plan of action developed against trafficking in Pointe-Noire, notes with concern the persistence of cross-border trafficking of children for forced labour and sexual exploitation and internal “fostering”. The CRC also expresses its concern over allegations of the complicity of some authorities in activities related to trafficking and the fact that the number of successful prosecutions remains low (CRC/C/COG/CO/2-4, paragraph 78). Furthermore, the Committee notes the concern, expressed by the Committee on the Elimination of Discrimination Against Women (CEDAW) in its concluding observations of 14 November 2018, that the Congo is a country of origin, transit and destination for trafficking in persons. The CEDAW is particularly concerned about: (i) the absence of data on the number of victims, investigations, prosecutions and convictions relating to trafficking in persons; and (ii) the low rate of prosecutions and convictions (CEDAW/C/COG/CO/7, paragraph 30). Recalling that penalties are only effective if they are actually enforced, the Committee requests the Government to redouble its efforts to ensure that all persons who commit acts of trafficking in children and related crimes are investigated and prosecuted and that sufficiently effective and dissuasive penalties are applied. It requests the Government to provide information on the number of investigations carried out by the competent services concerning trafficking in children under 18 years of age and the number of prosecutions carried out, convictions handed down and penalties imposed under the Penal Code and/or Act No. 4-2010 of 14 June 2010 and/or Act No. 22-2019 of 17 June 2019.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour, removing them from these worst forms and ensuring their rehabilitation and social integration. Sale and trafficking of children. Further to its previous comments, the Committee notes the concern expressed by the CRC, in its concluding observations of 25 February 2014, at the insufficiency of the information provided by the Congo on the assistance and reintegration services available to child victims of trafficking (CRC/C/COG/CO/2-4, paragraph 78). In this regard, the Committee notes that, in its national report submitted to the Human Rights Council of 14 September 2018 (A/HRC/WG.6/31/COG/1, paragraphs 71–74), the Government indicates that state and non-state actors are focusing their efforts on prevention, victim identification, reception and care, repatriation and reintegration. With regard to the identification of victims, the principal actors are: the Government, neighbourhood or village leaders, law enforcement officers (police officers, gendarmes, border guards and immigration officials) and NGOs. Child victims of trafficking are housed with foster families. The Government arranges the repatriation and reintegration of foreign victims of trafficking and organizes return assistance for this purpose.

The Committee further notes that Act No. 22-2019 of 17 June 2019 on combating trafficking in persons contains a chapter on prevention, identification, protection and assistance to victims. Among other things, the Act provides that a national committee against trafficking in persons shall be created, tasked with: (i) preventing and combating trafficking in persons in all its forms; (ii) guaranteeing the protection of victims; (iii) collecting data relating to trafficking; and (iv) promoting cooperation and collaboration for these purposes (article 34). The Committee requests the Government to provide detailed information on the specific measures taken to prevent and combat child trafficking and to provide child victims of trafficking with appropriate services for their rehabilitation and social integration, including through the implementation of the provisions of Act No. 22-2019 of 17 June 2019 on prevention, identification, protection and assistance to victims and, in particular, the action taken by the national committee against trafficking in persons. It also requests the Government to provide information on the number of children thus prevented from being trafficked or removed from trafficking and subsequently rehabilitated and socially integrated.

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