2006 Findings on the Worst Forms of Child Labor - Algeria

Incidence and Nature of Child Labor

Children in Algeria work in small workshops, on family farms, in street vending, and especially in informal trades.¹¹⁰ Children also work as domestic servants.¹¹¹ Algerian children may be trafficked for forced labor as domestic servants or street vendors.¹¹² There have also been reports of children being used by armed groups, including paramilitary forces allied with the government.¹¹³

Child Labor Laws and Enforcement

The minimum age for employment in Algeria is 16, unless participating in an apprenticeship.¹¹⁴ The Ministry of Labor and Social Welfare may also grant permission for children under age 16 to work in certain fixed-term temporary jobs.¹¹⁵ The law states that "minor workers" must have the permission of a legal guardian, and that they cannot participate in dangerous, unhealthy, or harmful work or in work that may jeopardize their morality.¹¹⁶ The government has not, however, clearly defined the term "minor worker." In addition, the minimum age law applies only to employment based on a contract and therefore does not apply to children working on their own account.¹¹⁷ Night work is prohibited for youth under the age of 19.¹¹⁸ Violations of labor laws are punishable by fines and, for repeat offenses, imprisonment of between 15 days and 2 months.¹¹⁹

Algerian law prohibits forced or compulsory labor, including by children.¹²⁰ The law provides for imprisonment of 5 to 10 years and fines for the corruption and debauchery of minors younger than age 19. The law also provides for 5 to 10 years of imprisonment and fines for involvement in the prostitution of minors.¹²¹ The law prohibits the creation or distribution of pornography and provides for 2 months to 2 years of imprisonment and fines for offenses.¹²² Although there is no law specifically prohibiting trafficking in persons, the law establishes penalties including imprisonment from 6 months to life for holding and transporting people against their will.¹²³ The law also provides for 5 to 10 years imprisonment and fines for involvement in prostitution when victims "have been delivered or incited to deliver themselves to prostitution" outside Algeria and when victims "have been delivered or incited to deliver themselves to prostitution" shortly after their arrival in the country.¹²⁴ If such crimes involve minors, the prison term may be increased to 15 years and fines doubled.¹²⁵ In addition, the government has stated that laws against illegal immigration and forced labor are used to enforce anti-trafficking standards.¹²⁶ The minimum age for recruitment into military service is

The Ministry of Labor is responsible for enforcing minimum age laws. The U.S. Department of State reports that the Ministry of Labor enforces minimum age laws through surprise inspections of public sector enterprises, but that it does not enforce the law consistently in the agricultural or private sectors.¹²⁸ The Ministry of Interior, through the national and border police, and the Ministry of Defense, through the police-like gendarmerie that operate in rural areas, have law enforcement responsibilities relating to trafficking.¹²⁹ The government reported that in 2006, 1,062 persons were charged with activities related to the corruption of minors, which the government indicated were associated with trafficking.¹³⁰

Current Government Policies and Programs to Eliminate the Worst Forms of Child Labor

The Government of Algeria has trained government officials to recognize trafficking and to deal with victims of trafficking.¹³¹

101 Government of Algeria, Code du travail, Article 15; available from http://lexalgeria.net/titre_iiitravail.htm.

102 UN Committee on the Rights of the Child, Second Periodic Reports of States Parties due in 2000: Algeria, CRC/C/93/Add.7, prepared by Government of Algeria, pursuant to Article 44 of the Convention on the Rights of the Child, March 3, 2005, para 94; available from http://www.unhchr.ch/tbs/doc.nsf/898586b1dc7b4043c1256a450044f331/fef28…$ FILE/G0540613.pdf. See also Government of Algeria, Constitution de 1996 (modifiant la Constitution de 1989), (1996), Article 53; available from http://www.conseil-constitutionnel.dz/indexFR.htm.

103 U.S. Department of State, "Algeria," in Country Reports on Human Rights Practices-2006, Washington, DC, March 6, 2007, Section 5; available from http://www.state.gov/g/drl/rls/hrrpt/2006/78849.htm. See also Constitution de 1996 (modifiant la Constitution de 1989), Article 53.

104 UNESCO Institute for Statistics, Gross Enrolment Ratio. Primary. Total, accessed December 20, 2006; available from http://stats.uis.unesco.org/.

105 UNESCO Institute for Statistics, Net Enrolment Rate. Primary. Total, accessed December 20, 2006; available from http://stats.uis.unesco.org/.

106 UNESCO Institute for Statistics, Survival Rate to Grade 5. Total, accessed December 18, 2006; available from http://stats.uis.unesco.org/.

107 ILO, Ratifications by Country, accessed October 20, 2006; available from http://www.ilo.org/ilolex/english/newratframeE.htm.

108 Ibid.

109 ILO, IPEC Action Against Child Labour: Highlights 2006, Geneva, October 2006; available from http://www.ilo.org/iloroot/docstore/ipec/prod/eng/20061013_implementati….

110 U.S. Department of State, "Country Reports – 2006: Algeria," Section 5 and 6d.

111 UN Committee on the Rights of the Child, Concluding Observations: Algeria, CRC/C/15/Add.269, Geneva, October 12, 2005, para 78; available from http://www.unhchr.ch/tbs/doc.nsf/898586b1dc7b4043c1256a450044f331/d2316… $FILE/G0544259.pdf.

112 U.S. Department of State, "Algeria (Tier 2 Watch List)," in Trafficking in Persons Report – 2006, Washington, DC, June 5, 2006; available from http://www.state.gov/g/tip/rls/tiprpt/2006/65988.htm. See also U.S. Embassy – Algiers, reporting, March 6, 2007.

113 UN Committee on the Rights of the Child, Concluding Observations: Algeria, para 70. See also Coalition to Stop the Use of Child Soldiers, "Algeria," in Child Soldiers Global Report 2004, London, 2004; available from http://www.child-soldiers.org/document_get.php?id=939. See also Human Rights Watch, Children's Rights/Child Soldiers Ratification Campaign: Algeria, [online] 2006 [cited March 16, 2007]; available from http://www.humanrightswatch.org/campaigns/crp/action/algeria.htm.

114 Code du travail, Article 15.

115 UN Committee on the Rights of the Child, Periodic Reports of States Parties: Algeria, para 94.

116 Code du travail, Article 15.

117 ILO, Report of the Committee of Experts on the Application of Conventions and Recommendations (articles 19, 22 and 35 of the Constitution), Third Item on the Agenda: Information and Reports on the Application of Conventions and Recommendations ILO Conference, 92nd session, Geneva, 2005; available from http://www.ilo.org/ilolex/cgi-lex/pdconv.pl?host=status01&textbase=iloe… B+%28%23subject%3D03%29+%40ref&highlight=&querytype=bool&context=0.

118 Code du travail, Article 28.

119 UN Committee on the Rights of the Child, Periodic Reports of States Parties: Algeria, para 363.

120 U.S. Department of State, "Country Reports – 2006: Algeria," Section 6c.

121 Government of Algeria, Code pénal, Articles 342-344; available from http://www.lexalgeria.net/penal3.htm.

122 Ibid., Article 333bis.

123 Ibid., Articles 291-294. See also U.S. Embassy – Algiers, reporting, March 6, 2007.

124 Code pénal, Article 344.

125 U.S. Embassy – Algiers, reporting, March 6, 2007.

126 U.S. Department of State, "Country Reports – 2006: Algeria," Section 5.

127 UN Committee on the Rights of the Child, Periodic Reports of States Parties: Algeria, para 94.

128 U.S. Department of State, "Country Reports – 2006: Algeria," Section 6d.

129 U.S. Embassy – Algiers, reporting, March 6, 2007. See also U.S. Department of State, "Country Reports – 2006: Algeria," Section 1d.

130 U.S. Embassy – Algiers, reporting, March 6, 2007.

131 U.S. Department of State, "Trafficking in Persons Report – 2006: Algeria."