ALGERIA: WORST FORMS OF CHILD LABOR

UNCLAS ALGIERS 001784

SIPDIS

SIPDIS

DOL/ILAB FOR TINA MCCARTER; DRL/IL FOR TU DANG

E.O. 12958: N/A
TAGS: ELAB EIND ETRD PHUM SOCI AG
SUBJECT: ALGERIA: WORST FORMS OF CHILD LABOR

REF: SECSTATE 149662


1. (U) SUMMARY: The absence of reliable statistics makes it
difficult to assess the extent of child labor in Algeria,
especially the worst forms of child labor. The information
provided in this cable is drawn from the Algerian labor code,
the Algerian constitution and press reports. Post was unable
to obtain meetings with Algerian government officials who
work on this issue. END SUMMARY


2. (U) Per reftel paragraph 9, the following information
concerning the worst forms of child labor in Algeria is
provided:

A) LAWS AND REGULATIONS PROSCRIBING THE WORST FORMS OF CHILD
LABOR

What laws have been promulgated on child labor, such as
minimum age(s) for employment or hazardous forms of work? Are
there exceptions to the minimum age law?

Response: Under Article 15 of Algerian labor law 90-11
(April 1990),the minimum age for employment is 16, except
for apprentice positions. In order to be an apprentice,
minors must have the permission of a legal guardian. Under
no circumstances, according to the law, may minors
participate in dangerous, unhealthy or harmful work, or in
work that is considered inappropriate because of social and
religious considerations. Article 28 of the Algerian labor
law prohibits night work for youths under the age of 19.
Under Article 192 of Ordinance No. 75-31 (April 1975),in
cases of fixed-term temporary jobs, under-aged workers are
required to request permission to work from the Ministry of
Labor and Social Welfare.

What laws have been promulgated on the worst forms of child
labor, such as forced child labor and trafficking or child
prostitution and pornography?

Response: The worst forms of child labor are subject to
prosecution under different legal statutes. The penal code
prohibits compulsory child labor, including forced or bonded
labor. Ordinance 75-47 (June 1975) and Law No. 82-04
(February 1982) prohibit corruption and debauchery of anyone
younger than age 19, while Articles 343 and 344 of the penal
code prohibit the use or recruitment of minors in
prostitution. In addition, the laws against immigration,
prostitution, and forced labor may be used to enforce
anti-trafficking standards. There is no law specifically
prohibiting trafficking in persons.

What is the country's minimum age for military recruitment?

Response: Law No. 89-19 (December 12, 1989) establishes 18
as the minimum age at which males must register for military
service. Law No. 74-103 (November 15, 1974) establishes 19
as the earliest age that males can be called up for military
service.

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?

Response: According to the ILO website, Algeria ratified
Convention 182 (Worst Forms of Child Labour Convention) 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) REGULATIONS FOR IMPLEMENTATION AND ENFORCEMENT OF
PROSCRIPTIONS AGAINST THE WORST FORMS OF CHILD LABOR

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?

Response: Article 140 of the labor code's penal disposition
provides for civil fines between USD 14 and USD 28 against
the recruitment and hiring of a young person who is not of
working age. In cases of a repeat offense, a sentence of 15
days to 2 months imprisonment and a fine of USD 28 to USD 55
can be assessed.

To what extent are complaints investigated and violations
addressed?

Response: Post has no information from the Algerian
government on the extent to which complaints are investigated
and violations are addressed.

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?

Response: The Ministry of Labor is responsible for
investigating child labor cases throughout the country as
part of its responsibilities to enforce minimum age laws.
Algeria has labor inspectors, but post was unable to verify
the number. However, we can confirm that there is no single
inspector who is specifically charged with enforcing child
labor laws. Most labor inspectors are concentrated in the
larger cities, while most child labor is found in rural areas.

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

Response: On December 9, the Ministry of Justice announced
that work on a draft law had been finalized on the protection
of children. The draft law includes the creation of a new
position: National Delegate for the Protection of Children.
Further, the Ministry of Justice organized training sessions
for judges aimed at protecting young people. The initial
training sessions included 25 judges, but the program will be
expanded in 2008 to cover the country.

C) WHETHER THERE ARE SOCIAL PROGRAMS SPECIFICALLY DESIGNED TO
PREVENT AND WITHDRAW CHILDREN FROM THE WORST FORMS OF CHILD
LABOR

What initiatives has the government supported to prevent
children from entering exploitative work situations, to
withdraw children engaged in such labor, and to advocate on
behalf of children involved in such employment and their
families? These initiatives could include cash transfer
programs that specifically target families with working
children to enable children to leave work and enter school,
establishment of shelters for child trafficking victims, or
other programs. Since the focus of the report is on
government efforts, reporting is requested on initiatives
carried out either by the government or by NGOs, but with
government support. (If possible, please provide information
on funding levels for such initiatives.)

Response: The Ministry of National Education and the
Ministry of Vocational Training worked together to open
training centers to absorb students who were no longer
eligible to remain in the education system. At the beginning
of the school year, the Ministry of National Solidarity
provided 3,000 dinar (approximately USD 46) or packages of
school supplies to needy families. The government continues
to work with UNICEF on programs to promote access to
universal education, child protection and economic growth.
As part of this effort, the government has implemented a
national plan for economic development that aims at improving
the situation of women and children, especially in rural
provinces, where girls face barriers to education. Since
2004 and in collaboration with the Ministry of National
Education, the Ministry of Labor has worked to inform
children and parents about labor legislation, including
organizing presentations at schools.

NGOs have also been active. In 2007, Algerian NGO CIDDEF
provided computer literacy courses and daycare for needy
children. Algerian NGO Iqraa carried out programs in rural
areas to sensitize parents to the importance of educating
daughters. Algerian NGO El-Irsh ad wa-Islah bought school
supplies for children and provided free math and language
tutoring.

D) DOES THE COUNTRY HAVE A COMPREHENSIVE POLICY AIMED AT THE
ELIMINATION OF THE WORST FORMS OF CHILD LABOR?

Does the country have a comprehensive policy or national
program of action on child labor or specific forms of child
labor? Does the country incorporate child labor specifically
as an issue to be addressed in poverty reduction,
development, educational or other social policies or
programs, such as Poverty Reduction Strategy Papers, etc. If
so, to what degree has the country implemented the policy
and/or program of action and achieved its goals and
objectives?

Response: There is no national program of action on child
labor.

Is education free in law and in practice? Is education
compulsory in law and in practice? Please note that although
many anti-poverty programs may have indirect impacts on child
labor, the TDA (Trade and Development Act) calls for
governments to take specific actions to address the problem,
and thus the TDA report focuses on efforts that name child
labor as an explicit objective, target group, or condition
for participation in government policies and programs.

Response: Under a 1976 law and under Article 53 of the
constitution, education in Algeria is free and attendance at
school is compulsory between the ages of 6 and 16.

E) IS THE COUNTRY MAKING CONTINUAL PROGRESS TOWARD
ELIMINATING THE WORST FORMS OF CHILD LABOR?

Although some countries will not collect such information,
Posts are requested to ask national statistical offices when
appropriate for any recent child labor data sets. Access to
the actual data rather than reports based on the data will
enable DOL to include better quality and more
internationally-comparable information on rates of child
labor in the TDA report. DOL requests that such datasets be
forwarded to the email or address provided in para 8; posts
need not conduct any analysis of the data. Please note that
DOL uses UNESCO Institute of Statistics data
http://stats.uis.unesco.org/) for information on primary
education, and so such data is not being requested of posts.

Response: Post was unable to obtain official government
statistics on child labor. In a November 2007 press
conference, Algerian NGO FOREM claimed that there are more
than 1 million child workers in Algeria, with 500,000 below
age 16, and with 300,000 having never attended school. FOREM
asserted that there are between 20,000 and 30,000 street
children in Algeria. The source of FOREM's data was a study
conducted by the NGO in 13 wilayas (provinces). The
organization also maintains that there are no reliable
official statistics on child labor in Algeria.

Please provide information on industries where child labor
occurs as well as specific tasks in which children are
involved and goods they produce, if available. Please also
provide information on age and gender of working children,
disaggregated by industry/work activity/good, if possible.

Response: According to FOREM, the majority of children
involved in child labor work in construction, agriculture and
small handicraft workshops. We do not have reliable
information on the age and gender distribution of these
children.

To what extent are children working in slavery or practices
similar to slavery, such as debt bondage, serfdom, and forced
or compulsory labor? Please indicate industries where this
occurs and, if applicable, specific goods that such children
produce.

Response: Post is unaware of children working under
slave-like conditions.

To what extent are children trafficked to work? Are children
trafficked for commercial sex or for labor exploitation? If
labor-related, what specific industries or for the production
of what specific goods are children known to be trafficked?
Are they trafficked across national borders or within the
country (specify source, destination and transit
countries/regions/communities, if possible).

Response: According to one local NGO, there is some internal
trafficking of children for work as domestic servants. This
are no reliable information or statistics on the extent of
the problem.
FORD