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