US embassy cable - 05ALGIERS1912

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