CHILD LABOR MANDATORY REPORTING RESPONSE FOR

UNCLAS SECTION 01 OF 02 ALGIERS 001912

SIPDIS

DOL/ILAB FOR TINA CARTER, DRL/IL FOR LAUREN HOLT

E.O. 12958: N/A
TAGS: ELAB EIND ETRD AG
SUBJECT: CHILD LABOR MANDATORY REPORTING RESPONSE FOR
ALGERIA

REF: STATE 143552


1. Child labor is not pervasive in Algeria. Most of the
instances where it does occur are in the agricultural sector
where there is either a shortage of labor, few educational
opportunities, or a combination of both. Algeria has
established ages for compulsory education (six to sixteen
years of age) and laws against child labor (Article 15 of the
Algerian Labor Code and Convention 182 among others) which
have aided in curbing this phenomenon. Algeria's weaknesses,
however, manifest themselves in less than consistent
inspection and enforcement of established labor laws and
little attention paid to statistical data tracking this
problem. All information provided below is drawn from the
Algerian Labor Code, the Algerian Constitution, Ministry of
Labor reporting, or Post contact with the Ministry of Labor.


2. Per reftel paragraph 7, the following Algerian child
labor information is provided:

A.1 What laws and regulations have been promulgated on child
labor, such as minimum age(s) for employment or hazardous
forms of work? If there is a minimum age for employment, is
that age consistent with the age for completing educational
requirements? Are there exceptions to the minimum age law?

The Algerian Labor Code sets the minimum age for employment
at 16 (Article 15 of Law 90-11 of April 21, 1990 Labor Code).
Minor labor, however, is tolerated with the consent of a
parent or legal guardian so long as the work is not
dangerous, unhealthy, or harmful and does not jeopardize
their morality. Article 28 of the Labor Code prohibits night
work for children and youth under age 19. Article 182 of
Ordinance No 75-31 of April 1975 requires children to request
the permission of the Ministry of Labor and Social Welfare in
cases of fixed-term temporary jobs. Article 12 of Labor code
provides for an exception allowing children from age 15 to
work for a period between 6 and 12 months under an
apprenticeship contract in exchange for a stipend. The
children benefit from social security protections and
insurance against a work accident. In case the
apprenticeship is with the legal guardian, the contract is
replaced by a registered and validated declaration. The
Penal Code prohibits compulsory labor, including forced or
bonded labor by children (Article 342 or Ordinance 75-47 of
June 1975 and Law No. 82-40 of February).

A.2 Do the country's laws define the worst forms of child
labor or hazardous work as the ILO defines those terms? If
the country has ratified Convention 182, has it developed a
list of occupations considered to be worst forms of child
labor, as called for in article 4 of the Convention?

Algeria ratified Convention 182 on February 9, 2001.
Algeria's law does not define the worst forms of child labor
and hazardous work. Article 11 of 1987 Law No. 88-07
stipulates that the employer should make sure that the work
given to minors does not require efforts that exceed their
capabilities.


B.1 Has the government designated an authority to implement
and enforce child labor laws?

The Ministry of Labor's Labor Inspection Department is
responsible for enforcing minimum age laws through regular
inspections throughout the country. The Ministry has not
enforced those laws effectively in the private sector,
particularly in the agricultural sector.

B.2 What legal remedies are available to government agencies
that enforce child labor laws (criminal penalties, civil
fines, court orders),and are they adequate to punish and
deter violations? To what extent are complaints investigated
and violations addressed?

Article 140 of labor code's penal disposition provides for
civil fines between $14 and $28 against the recruitment and
hiring of a young person who is not of working age. In case
of a repeat offense, a sentence of 15 days to 2 months
imprisonment and a fine of $28 to $55 could be given. Post
has no information from GOA on how many fines were levied to
deter child labor.



B.3 What level of resources does the government devote to
investigating child labor cases throughout the country? How
many inspectors does the government employ to address child
labor issues? How many child
labor investigations have been conducted over the past year?
How many have resulted in fines, penalties, or convictions?

Algeria has about 900 labor inspectors nation-wide. However,
not one of them is charged with specifically enforcing child
labor laws. All central and regional labor inspectors review
on a regular basis the business practices of employers to
ensure the application and respect of regulations. They
control working conditions, hygiene and security. They also
provide employees and employers information on their rights
and obligations. No major violations were addressed in 2005,
except a few cases in the agricultural sector.

B.4 Has the government provided awareness raising and/or
training activities for officials charged with enforcing
child labor laws?

In November 2004, the Ministry of Labor held seminars on the
role of labor inspectors. The seminar, with the
participation of International Labor Organization, aimed at
training and updating inspectors on new control methods and
adapting them to recent Algerian economic and social
developments. The Ministry of Labor announced new measures
to improve the labor inspections by setting up labor
inspection office in each Wilaya and increasing inspectors'
powers.

C.1 What initiatives has the government supported to prevent
children from entering exploitive work situations, to
withdraw children engaged in such labor, and to advocate on
behalf of children involved in such employment and their
families? (If possible, please provide information on
funding levels for such initiatives.) Does the government
support programs to promote children's access to primary
schooling and to enhance the quality and relevance of
schooling? (If possible, please provide information on
funding levels for primary education as opposed to secondary
and tertiary education.)

In 2004, the Ministry of Labor, in collaboration with the
Ministry of Education, held a seminar to increase awareness
among parents to promote schooling and prevent child labor.


C.2 Do the country's laws/regulations call for universal or
compulsory education? Are these requirements enforced?

Under Article 53 of the Algerian Constitution, education is
compulsory in Algeria between the age of 6 to 16. Education
in Algeria is free at all levels. In 2002, statistics for
gross primary school enrollment for children aged between 6
and 15 was 92.69%. School enrollment for students 15 and
older was 89.3% in 2002 compared to 77.3% in 1990. In 2004,
the number of students was 7,894,004 of which 3,806,416 were
girls.

D.1 Does the country have a comprehensive policy or national
program of action on child labor? If so, to what degree has
the country implemented the policy and/or program of action
and achieved its goals and objectives? Has the government
made a public statement/commitment to eradicate the worst
forms of child labor?

Statistics available on child labor in Algeria date back to
2002 and are not necessarily reflective of the actual
situation. The Ministry of Labor acknowledged the difficulty
of tackling the issue due to poor survey information and
unreliable data. Better data would enable the Ministry to
draw up a strategy to reduce child labor practices.

ERDMAN