Selected Child Labor Measures Adopted by Governments
| Ratified ILO Convention 138 6/20/2001 |
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| Ratified ILO Convention 182 6/20/2001 |
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| ILO-IPEC Associated Member |
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| National Plan for Children |
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| National Child Labor Action Plan |
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| Sector Action Plan |
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Incidence and Nature of Child Labor
UNICEF estimated that 23.5 percent of children ages 5 to 14 years in the Democratic Republic of the Congo (DRC) were working in 2001.[1067] Children work in the informal sector, which constitutes the largest part of the economy.[1068] Some children hunt or fish to support their families instead of attending school.[1069] In recent years, children have been reported to work in mining[1070] and stone crushing.[1071] Child prostitution is also reported to occur.[1072]
Children in the DRC have been negatively affected by continuing armed conflict.[1073] The number of orphans and street children is reported to be on the rise.[1074] In November 2003, the UN Special Rapporteur to the DRC reported that there were large numbers of child refugees and war orphans engaged in street work, including begging and prostitution.[1075]
While the Congolese Government is no longer recruiting child soldiers, the Armed Forces still have child soldiers in their ranks, and armed groups continue to recruit children.[1076] Girls, in particular, have been abducted by armed groups and forced into prostitution and domestic labor.[1077] Children also served as soldiers in a number of armed groups, including the Congolese Armed Forces, the Mai-Mai, various branches of the Congolese Rally for Democracy (RCD), the Movement for the Liberation of the Congo (MLC), and the Union of Congolese Patriots (UPC).[1078] Congolese children are also recruited to work as runners, bodyguards, porters, spies, and fighters on the frontlines.[1079]
Education in the Democratic Republic of the Congo is neither compulsory nor free.[1080] In 1998, the gross primary enrollment rate was 49.6 percent, and the net primary enrollment rate was 34.6 percent.[1081] Gross and net enrollment ratios are based on the number of students formally registered in primary school and therefore do not necessarily reflect actual school attendance. In 2001, the net primary attendance rate was 51.7 percent.[1082] Twenty-five percent of children attending school complete 5 years of primary education.[1083] Barriers to attendance include parents’ inability to pay school fees, dilapidated school facilities, and population displacement.[1084] School fees are reported to be particularly prohibitive. At an estimated annual cost of USD 70 to 150 per child, parents are often forced to choose which children will attend school and which will stay home.[1085] In areas of the country controlled by armed groups, girls were reported to drop out of school due to threats of rape or sexual violence.[1086]
Child Labor Laws and Enforcement
Article 6 of the Labor Code sets the minimum age for employment at 15 years.[1087] Children between the ages of 14 and 18 may work with the consent of a parent or guardian; those under 16 may work up to 4 hours per day.[1088] Children under the age of 18 are prohibited from working at night in public or private establishments.[1089] The Labor Code defines and prohibits the worst forms of child labor and imposes a penalty of imprisonment for a maximum of six months and a fine of 30,000 CF (72 USD) for infractions.[1090] The Transitional Constitution and the Labor Code prohibit forced or bonded labor.[1091] Under the Juvenile Code, children under 14 are prohibited from engaging in prostitution.[1092] There are no specific laws that prohibit trafficking in persons.[1093] The Ministry of Labor is responsible for enforcing child labor laws, but, according to the U.S. Department of State, fails to do so effectively due to a lack of capacity and resources.[1094]
Current Government Policies and Programs to Eliminate the Worst Forms of Child Labor
In December 2003, the Transitional Government established a national framework for Disarmament, Demobilization and Reintegration (DDR) of combatants (including children).[1095] In March 2004, President Kabila appointed a National Coordinator and a deputy to oversee the framework.[1096] In May 2004, the Multi-Country Demobilization and Reintegration Program, a regional DDR funding mechanism managed by the World Bank, released funds in the amount of USD 100 million for DDR programs in the DRC. These funds are complemented by an additional USD 100 million from the World Bank’s International Development Agency and a commitment by the Congolese Government to contribute land, office space, security, and other in-kind support.[1097] World Bank programs include two directed specifically at child soldiers.[1098] The government is also participating in a regional ILO-IPEC project funded by USDOL to demobilize and rehabilitate children involved in armed conflict,[1099] and working with UNICEF to issue demobilization certificates for former child soldiers.[1100]
The Ministry of Family Affairs and Labor began to implement an action plan against sexual exploitation of persons, and the Government has attended regional meetings on trafficking and sought to coordinate with neighboring governments to address the problem.[1101]
The Congolese Government and UNICEF are implementing a national campaign to promote girls’ education. UNICEF is providing basic school supplies to 1.5 million students and teaching materials to 17,000 teachers throughout the 2004-2005 school year.[1102] In June 2004, UNICEF re-opened schools for 1,000 children in two regions in the DRC, and is providing equipment to keep the schools open.[1103] Also in 2004, the African Development Bank approved a USD 7.7 million education grant aimed at strengthening institutional capacities through training, and through the provision of equipment, tools and teaching materials.[1104]
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