Children in the Democratic Republic of the Congo (DRC) engage in the worst forms of child labor, including in the forced mining of gold, tin ore (cassiterite), tantalum ore (coltan), and tungsten ore (wolframite), and are used in armed conflict, sometimes as a result of forcible recruitment or abduction by non-state armed groups. (1-7) Table 1 provides key indicators on children's work and education in the DRC.

Source for primary completion rate: Data from 2015, published by UNESCO Institute for Statistics, 2020. (8)
Source for all other data: International Labor Organization's analysis of statistics from Demographic and Health Survey (DHS), 2013–2014. (9)

Based on a review of available information, Table 2 provides an overview of children's work by sector and activity.

† Determined by national law or regulation as hazardous and, as such, relevant to Article 3(d) of ILO C. 182.
‡ Child labor understood as the worst forms of child labor per se under Article 3(a)–(c) of ILO C. 182.

In 2019, the UN verified 601 cases of child recruitment by non-state armed groups, down from 631 confirmed cases the previous year. The figure represents an all-time low in the DRC, where the government and international partners secured commitments from 27 armed groups to ending the recruitment and use of children and other grave violations. (28,29) As a result, 3,107 children, an all-time high, were separated from armed groups during the reporting period. (28,30) The Armed Forces of the Democratic Republic of the Congo (FARDC) also made important military gains against the Forces démocratiques de libération du Rwanda-Forces combattantes abacunguzi (FDLR) and the Allied Democratic Forces (ADF), and successfully prosecuted a leader of Raia Mutomboki during the reporting period. (29) However, some of the 150 non-state armed groups operating in the DRC continued to abduct, recruit or use children in armed conflict during the reporting period. (3,28,31) Perpetrators included Nyatura (167), Mai-Mai Mazembe (103), ADF (55), Nduma défense du Congo-Rénové (49), Kamuina Nsapu (37), FDLR (22), Raia Mutomboki (18), Conseil national pour la renaissance et la démocratie, and unidentified armed groups (17 each), Alliance des patriotes pour un Congo libre et souverain (APCLS) (13), and additional armed groups (103). (28,32,33) Non-state armed groups in Ituri reportedly seized young children from their homes, forcing them to transport heavy loads or perform domestic work. (15) UNICEF and other international organizations have estimated that between 40 and 70 percent of non-state armed groups in central DRC include children, some as young as 5. (26,34)

In July, the International Criminal Court also convicted Bosco Ntaganda, former leader of the Forces Patriotiques pour la Libération du Congo (FPLC), on 18 counts of war crimes and crimes against humanity. (35) The sentencing judgement for Ntaganda included 3 counts of conscripting children under age 15 into armed conflict, and 2 counts of sexually enslaving FPLC female recruits under age 15. (36)

Children in the DRC's eastern and southern provinces engage in the worst forms of child labor in mining. In eastern Congo's conflict-affected regions, children extract and transport tin (cassiterite), tantalum (coltan), tungsten (wolframite), and gold. Thousands of children also work in cobalt and copper mines in the DRC's southern Copperbelt region. (3,5,37,38) Prevalence is highest in the country's artisanal and small-scale mining (ASM) sector, which tends to operate with minimal oversight. Child labor has been detected at one in four ASM sites in the DRC, with informal or illegal ASM operations leaving children uniquely exposed to hazardous working conditions and, in some instances, forced labor. (37,39,40) As many as 35,000 of the DRC's 255,000 artisanal cobalt miners are children. (41) Despite strong evidence of children engaged in armed conflict, commercial sexual exploitation, and forced labor in mining, the prevalence and nature of child labor in other sectors remains unclear because a comprehensive, stand-alone child labor survey has never been conducted in the DRC. (12)

UNICEF estimates that only 14 percent of children under age 5 have birth certificates. (42) Low rates of birth registration leave many children vulnerable to child labor because it makes age verification difficult during FARDC recruitment campaigns and hinders efforts to identify and separate children associated with armed groups. (4,43) Moreover, tens of thousands of civilians have been displaced in eastern Congo's Ituri Province because of the conflict, making thousands of children vulnerable to sex trafficking, forced labor, or commercial sexual exploitation. (29)

While Congolese law provides for free, compulsory education, only slightly more than half of the DRC's 51,574 public schools were financed by the state. At public schools that did not receive government funding, parents were asked to pay school fees to support teacher salaries, which at times were cost prohibitive. (44,45) However, in 2019, President Tshisekedi implemented a free primary education initiative to expand funding for public schools. The initiative resulted in millions of previously out-of-school children being able to enroll, reducing the number of children vulnerable to exploitation. (15,29,46) An additional two million children in the northeast, the epicenter of the 2018–2020 Ebola outbreak, returned to school in September 2019 following a precipitous decline in transmission. (47) Nevertheless, significant obstacles remain. Schools are overcrowded, understaffed, structurally damaged by conflicts, require students to travel long distances, or used as shelter for internally displaced persons. (1,2,24,26,43,48) Non-state armed groups attacked 31 schools between January and September 2019, and 7 attacks were attributed to the FARDC. (28,32) Additionally, frequent teacher strikes occurred as a result of irregular payment of teacher salaries. (14,49)

The DRC has ratified all key international conventions concerning child labor (Table 3).

The government has established laws and regulations related to child labor (Table 4). However, gaps exist in the DRC's legal framework to adequately protect children from the worst forms of child labor, including its compulsory education age.

* No conscription (16)
‡ Age calculated based on available information (51,61,62)

In 2019, the Agency for Prevention and the Fight Against Trafficking in Persons (APLTP) drafted and passed to the National Assembly an aggressive national anti-trafficking law. The law is scheduled for adoption in the 2020 legislative session. (29) The APLTP also designed the DRC's first ever national anti-trafficking strategy. The five-year strategy is focused on prevention, victim identification and care, and law enforcement cooperation and coordination. (29) The APLTP referred child victims of human trafficking to three different shelters in the country, providing holistic care to 650 child TIP victims in 2019. The government also finalized a bilateral accord with the Republic of Congo to prevent cross-border child trafficking. (63)

The DRC also expanded oversight of and control over its artisanal mining sector, including copper and cobalt, where child labor is prevalent. (29,64) A 2019 decree created Entreprise Générale du Cobalt, a new subsidiary of state-owned mining company Gécamines, and vested it with exclusive authority to buy and sell artisanally mined "strategic minerals." This new body aims to ensure price stability and fairness by removing unregulated middlemen from the supply chain, thereby decreasing the potential for child labor. A separate body will oversee the strategic mineral supply chain to ensure children and other vulnerable populations are not working in mining sites. (29, 56, 65)

However, children in the DRC are required to attend school only up to age 12. This standard means children ages 12 through 15 are vulnerable to child labor, as they are not required to attend school but are not legally permitted to work. (51,57,60)

The government has established institutional mechanisms for the enforcement of laws and regulations on child labor (Table 5). However, gaps exist within the authority of the MOL that may hinder adequate enforcement of child labor laws.

The Ministry of Social Affairs, Solidarity, and Humanitarian Affairs (MINASA) monitors humanitarian programs and coordinates with key actors to promote social services to vulnerable groups, including street children, human trafficking victims, and child soldiers. (16)

Labor Law Enforcement

In 2019, the absence of worksite inspections conducted at the national level in the DRC may have impeded the enforcement of child labor laws (Table 6).

The Labor Inspectorate was not operational during the reporting period and labor inspectors did not receive training or conduct inspections. It is also unknown whether the government allocated funds to the Labor Inspectorate, despite an overall sharp increase in social spending. (14,15,29,32,70,71) Moreover, the number of labor inspectors is likely insufficient for the size of the DRC's workforce, which includes over 31 million workers. According to the ILO's technical advice of a ratio approaching one inspector for every 40,000 workers in less developed economies, the DRC would employ about 784 labor inspectors. (70,71) That said, 80 percent of the DRC labor force is engaged in the informal sector, and agriculture—the largest rural employer—is primarily of a subsistence nature, creating the need for a nuanced approach to advancing labor inspections. (63,72)

The government made some efforts to combat child labor in mining. During the reporting period, 25 government mine inspectors and mine controllers, along with local monitoring committees, were trained on mine inspection and validation in all territories of North and South Kivu. Topics included child labor detection, hazards assessment, and additional compliance measures. (15,29)

Criminal Law Enforcement

In 2019, criminal law enforcement agencies in the DRC took actions to combat child labor (Table 7). However, gaps exist within the operations of the criminal enforcement agencies that may hinder adequate criminal law enforcement, including the allocation of financial resources.

During the reporting period, elements of the FARDC were complicit in child abduction, supporting an armed group that recruited and used child soldiers, illegal detention of children allegedly associated with armed groups, ransacking schools, and extortion and physical abuse of child laborers at mining sites. The government, however, made some efforts to begin addressing these violations, as well as those perpetrated by non-state armed groups. (29) In February 2019, for instance, military prosecutors issued a warrant for the arrest of Katolongele Kambale Jadot, an armed group intelligence officer accused of engaging in child recruitment and other crimes between 2011 and 2013. As of the time of this writing, he remains at large. (29) In June, a North Kivu military court sentenced former FARDC Colonel Dominique Birihanze to life imprisonment for the recruitment and use of children in armed conflict. (29,75) And in November, the Bukavu Garrison Court in South Kivu condemned Frederic Masudi Alimasi and two other members of Raia Mutomboki—a militia accused of systematic child soldier recruitment by the UN in 2018—to 15 years' to life imprisonment for sexual enslavement and other crimes against humanity. (76) During the proceedings, the government was also found liable for failing to take all necessary measures to prevent the crimes, and ordered to pay reparations to over 300 victims. (29) That same month, the Ministry of Defense instructed FARDC prosecutors to open an investigation into the actions of the FARDC's 2105th Regiment for the alleged abduction and rape of at least 17 children in Tshikapa, Kasai Province. (29) Despite the regiment commander's alleged interference with the investigation, in November FARDC prosecutors detained 10 soldiers from the 2105th on charges of rape and abduction of minors. Two of the soldiers were in detention at the end of the reporting period, while eight more remained under investigation; measures to address the global COVID-19 pandemic reportedly delayed court proceedings in this case during the first half of 2020. (29,63,77) In addition, the government's joint investigation with the UN continued in 2019 against several individuals charged with child recruitment, leading to the arrest of at least four armed group commanders who are awaiting trial in prison. (29,78,79)

Despite these positive steps, impunity for abuses perpetrated by FARDC officials or regiments remained a significant concern, as the government did not consistently hold perpetrators accountable, and some officials were complicit in helping suspects avoid prosecution. (29) In 2018, the FARDC was linked to two cases of use of children in supporting roles, included concubinage and forced labor. The commander responsible for these offenses was redeployed to a different regiment in 2019 and not otherwise been held accountable. (3) Additionally, military prosecutors investigating Colonel Ramazani Lubinga, former commander of the 601st Regiment, issued a warrant for his arrest for allegedly recruiting child soldiers during the M23 rebellion; however, Colonel Ramazani's military superiors refused to comply. (29)

In North Kivu, FARDC elements collaborated with Nduma Défense du Congo-Rénové (NDC-R), a proxy armed group that continued to recruit children into its ranks. (78,79) According to the UN, Congolese forces, including senior FARDC command, allowed the group to move freely throughout the province, and tolerated NDC-R's use of FARDC uniforms. Colonel Yves Kijenge, FARDC commander of the 3411th Regiment, also supplied the group with weapons and ammunition. (29,78) This arrangement has allowed the group to collect revenue through illegal taxation schemes and control of lucrative gold mining sites. (29,63,78,79) In June 2019, military prosecutors in North Kivu issued a warrant for the arrest of U.S.-sanctioned Congolese "General" Shimiray Mwissa Guidon for child recruitment, mass rape, and other crimes committed between 2014 and 2019 as leader of the NDC-R. (29,79) Prosecutors further alleged that high-ranking FARDC commanders protected Guidon during this period. However, while the warrant was never executed, in July 2020 Guidon was deposed by his second-in-command, Gilbert Chuo Bwira. (80,81)

Members of the national police and government-backed armed groups carried out extrajudicial killings of civilians, including children, for their perceived affiliation with or support for non-state armed groups. (32,66,82-84) The government also detained 111 children for their alleged association with armed groups for periods between 3 to 60 days, despite a 2012 directive requiring that all children detained for their association with armed groups be immediately transferred to the UN. (28-30,32,66) Local detention cells suffer from overcrowding, lack of food and health services, and poor sanitation. (29)

In addition, the FARDC deployed a battalion to dismantle illegal ASM sites in the southeast, where working conditions are hazardous and child labor is prevalent. In 2019, soldiers cleared at least 12,000 miners from industrial cobalt and copper concessions, reportedly torching dozens of homes and ransacking a school in the process. (37,85,86) The FARDC, mining police, and private security forces, including those guarding large-scale mining concessions, reportedly subjected child laborers on ASM sites to extortion and physical abuse. (38) There is no evidence the government took action to address these abuses.

In January 2020, police in Lubumbashi arrested three men accused of running a child trafficking ring. Twenty-two child victims were freed during the arrest. (29) During the reporting period, the DRC's Juvenile Justice Courts, special courts designed to make the criminal justice system more accessible to child complainants as well as to provide additional protections to child defendants, heard cases involving 46,250 children. These included prosecutions of child trafficking and child commercial sexual exploitation. (29)

Nevertheless, some implementing decrees for the Child Protection Code have not been adopted. Without these decrees, multiple provisions, including the provision on light work, cannot be enforced. Penalties for criminal violations related to the worst forms of child labor—including the use of children in armed conflict—are 1 to 3 years of imprisonment with fines of up to $123 (200,000 CDF), which are insufficient to serve as deterrents. (3,15,22,50,51,53,87,88)

Ultimately, however, poor coordination in conducting investigations, collecting data, and providing services to victims continues to hinder the government's ability to adequately combat the worst forms of child labor. (3,31) Research indicates that both the military and civilian justice systems lack the capacity and resources to investigate and prosecute child labor violations. (4,22,66)

The government has established mechanisms to coordinate its efforts to address child labor (Table 8). However, gaps exist that hinder the effective coordination of efforts to address child labor, including lack of coordination among agencies.

* Mechanism to coordinate efforts to address child labor was created during the reporting period.

The creation of the APLTP in April 2019 addressed a long-standing need to increase coordination among various anti-human trafficking actors within the government. (29) Nevertheless, overlapping objectives and duplication of efforts, combined with a lack of resources and trained personnel, may have impeded the government's ability to coordinate actions to combat the worst forms of child labor. (24,31) In addition, the Disarmament, Demobilization, and Reintegration Commission is meant to take the lead on child soldier issues; however, research indicates that in practice, the Country Task Forces on Monitoring and Reporting often takes the lead. (31)

The government has established policies related to child labor (Table 9). However, policy gaps exist that hinder efforts to address child labor, including whether relevant policies were active.

† Program was launched during the reporting period.
‡ The government had other policies that may have addressed child labor issues or had an impact on child labor. (21,22,105,106)

During the reporting period, the Ministry of Mines organized a workshop to operationalize its National Strategy to Combat Child Labor in the Mining Sector. The strategy supports provisions in the 2018 mining law outlawing work in mines by children under age 18. (15,29) Additionally, the government allocated $10.8 million (19 billion Congolese Francs) to the Ministry of Social Affairs to reduce child labor in the mining sector. (15) However, while the DRC has developed a number of action plans to combat child labor, only some received dedicated funding. (20,23,31,37)

In 2019, the government funded and participated in programs that may contribute to preventing child labor (Table 10). However, gaps exist in these social programs, including the adequacy of programs to address the full scope of the problem in all relevant sectors.

† Program is funded by the Government of the Democratic Republic of the Congo.
‡ The government had other social programs that may have included the goal of eliminating or preventing child labor. (116,117)

During the reporting period, the Ministry of Defense worked closely with the UN to identify and remove child recruits from FARDC. (29) However, the scope of child disarmament, demobilization, and reintegration programs remains insufficient. The reintegration process is slow, funding is inadequate, and collaboration between partners is weak. (3,22,43,118,119) Children separated from armed groups remain vulnerable to re-recruitment and stigmatization. Girls, who make up an estimated 30 to 40 percent of children associated with armed groups, often survive prolonged sexual and physical abuse in captivity and face social exclusion upon their return. Because this cycle of rejection increases their risk of re-recruitment, girls should be specifically targeted in the DDR process (5,43,118-121) Research also indicates that the government needs to strengthen its efforts to assist street children and implement programs specifically designed to assist children engaged in forced labor in agriculture, domestic work, and commercial sexual exploitation. (4,22,23,43)

Based on the reporting above, suggested actions are identified that would advance the elimination of child labor in the DRC (Table 11).

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