VZCZCXRO2347
PP RUEHMRE RUEHTRO
DE RUEHAS #0349/01 0980940
ZNR UUUUU ZZH
P 080940Z APR 09
FM AMEMBASSY ALGIERS
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UNCLAS SECTION 01 OF 03 ALGIERS 000349 
 
SIPDIS 
 
DEPT OF LABOR FOR TMCCARTER 
STATE FOR DRL/ILCSR TDANG 
 
E.O. 12958: N/A 
TAGS: ELAB EIND ETRD PHUM SOCI AG
SUBJECT: 2009 COUNTRY REPORT ON WORST FORMS OF CHILD LABOR 
 
REF: A. ALGIERS 177 
     ¶B. STATE 127448 
 
¶1. 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 Algerian 
government did not update existing legislation concerning 
child labor during the past year.  In January 2009, however, 
the Algerian parliament adopted amendments to the penal code 
that criminalize trafficking in persons (ref A).  In 2007, 
the Ministry of Justice completed a draft law on child 
protection that included the creation of a national 
coordinator for the protection of children.  The government 
had yet to adopt the draft law at the time of this report. 
The information provided in this cable is drawn from the 
Algerian labor code, penal code, constitution and press 
reports.  END SUMMARY. 
 
¶2. Per ref B, the following response provides information 
concerning the worst forms of child labor in Algeria: 
 
A) LAWS AND REGULATIONS PROSCRIBING THE WORST FORMS OF CHILD 
LABOR 
 
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 employment, under-aged workers are required to 
request permission to work from the Ministry of Labor and 
Social Welfare. 
 
The worst forms of child labor are subject to prosecution 
under various 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 individuals under the 
age of 19, while Articles 343 and 344 of the penal code 
prohibit the use or recruitment of minors in prostitution. 
In January 2009, the Algerian parliament amended the penal 
code by adding section 5 bis entitled, "Trafficking in 
Persons" (ref A).  Section 5 bis criminalizes trafficking in 
persons and treats the trafficking of children as an 
aggravated offense. 
 
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. 
 
According to the ILO website, Algeria ratified Convention 182 
(Worst Forms of Child Labor 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. 87-07 
stipulates that the employer should make sure that the work 
given to minors does not require efforts that 
exceed their capabilities.  On December 9, 2007, 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 National Delegate for the 
Protection of Children. The government had yet to adopt the 
draft legislation at the time of this report. 
 
B) REGULATIONS FOR IMPLEMENTATION AND ENFORCEMENT OF 
PROSCRIPTIONS AGAINST THE WORST FORMS OF CHILD LABOR 
 
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.  Article 344 of the penal code, which 
prohibits the use or recruitment of minors in prostitution, 
 
ALGIERS 00000349  002 OF 003 
 
 
provides for prison terms of 5 to 10 years and fines ranging 
from USD 140 to USD 1,400.  Articles 303 bis 4 - 15 under 
section 5 bis of the penal code on trafficking in persons 
stipulate prison terms ranging from 3 to 20 years and fines 
up to USD 30,000 (ref A). 
 
Post has no information from the Algerian government on the 
extent to which complaints are investigated and violations 
are addressed. 
 
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. 
 
C) WHETHER THERE ARE SOCIAL PROGRAMS SPECIFICALLY DESIGNED TO 
PREVENT AND WITHDRAW CHILDREN FROM THE WORST FORMS OF CHILD 
LABOR 
 
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 continued its practice of 
providing 3,000 dinars (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.  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. 
 
UNICEF representatives are compiling a study on Algerian 
youth, which they expect to publish by the end of 2009.  In 
2007, Algerian NGO CIDDEF provided computer literacy courses 
and daycare for needy children.  Algerian NGO Iqra carried 
out programs in rural areas to sensitize parents to the 
importance of educating their daughters.  Algerian NGO 
el-Irshad wa el-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? 
 
In 2009, the Algerian government's Agency for Family and 
Women's Affairs adopted a child protection strategy for the 
period 2009 - 2012 in cooperation with a local NGO, FOREM. 
The same agency has adopted a national action plan (PNA) for 
condition of children in cooperation with UNICEF covering the 
period of 2008 - 2015.  The PNA addresses education, child 
development and health issues facing Algerian children.  Post 
was unable to obtain a copy of the child protection strategy 
at the time of this report. 
 
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? 
 
Post was unable to obtain current official government 
statistics on child labor.  In 2005, the MOL reported a rate 
of child participation in the labor force of 0.56 percent. 
According to a 2006 survey conducted by UNICEF, there were 
498 child labor cases involving children under the age of 18; 
156 of those cases involved victims under the age of 16.  In 
a meeting in March 2009, FOREM, a local NGO which receives 
support from the European Union, reiterated their statistics 
from 2007.  FOREM asserted that in the eight most populous 
provinces, 6 percent of children age 10 and younger 
participated in the labor force, while 63 percent of children 
 
ALGIERS 00000349  003 OF 003 
 
 
age 13 to 16 were employed.  The survey found children 
working a variety of hours in small workshops, on family 
farms, and especially in informal trades and street vending. 
In a November 2007 press conference, FOREM said there were 
more than one million child workers in Algeria; 500,000 below 
age 16, and 300,000 who have never attended school.  FOREM 
asserted that there were between 20,000 and 30,000 street 
children in Algeria. 
 
Post is unaware of children working under slave-like 
conditions.  There is no evidence that children have been 
victims of trafficking (ref A). 
PEARCE