149. Education is a right of human beings in general and of the child in particular (see inter alia the Universal Declaration of Human Rights). In the Congo this right is guaranteed by the transitional Constitution (arts. 20 and 21) and formalized in Framework Law No. 86/005 (national education) of 29 September 1986 (Journal officiel, special issue, July 1989). This law, which has not come into force in the absence of implementing measures, makes schooling compulsory for boys and girls until they have completed their fifteenth year (art. 115). The States General of National Education provide for primary education to be free of charge.

196. Given the current disastrous economic situation, where employment in the informal economic sector is the only answer for the majority of the population, a number of parents tolerate, or even send their children to do, work which the latter are forbidden to perform by law. In view of this tolerance and the failure of parents, children and the labour inspectorate to report this situation, employers exploit children at their leisure. Even the State seems indifferent to the manifold cases of violation ("mine children" in Kasaï, the "bana lunda" in Bandundu, who dive or dig to considerable depths to look for diamonds).

90. Since the age of marriage (for girls) and emancipation (for both sexes) of 15 years of age (Family Code, arts. 289 and 352) gives the parties concerned full legal capacity, the provisions of the Convention are not applied to them although they are still children. It would therefore be appropriate to raise the age of marriage for girls and of emancipation to 18 years of age, so that the protection given by the Convention can benefit a larger child population.

88. […] Majority for penal purposes is set at 16 (Decree of 6 December 1950 on juvenile delinquency as subsequently amended by Ordinance-Law No. 78/016 of 4 July 1978) […]