Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

1. Article 2, paragraph 2(d), of the Convention. In comments that it has been making for some years, the Committee referred to section 3 of Act No. 24-60 of 11 May 1960 providing that the inhabitants of districts lacking roads suitable for mechanised transport may be required to perform any work in the public interest which appears necessary either to the Government's exercise of authority or to meeting the region's economic, health or social needs. In districts where difficulties of access are seasonal, the exercise of the right to requisition is confined to the duration of the difficulties. The power of requisition may also be used in areas which have roads suitable for motor transport but lack motorised vehicles, exercise of the power then being limited to cases of urgent necessity. Under section 7 of this Act, failure to comply with a requisition may be punished with imprisonment of from one month to one year. The Committee noted that these possibilities of requisitioning labour for any work in the public interest are not confined to the cases of emergency defined in Article 2, paragraph 2(d), of the Convention. The Government stated that the provisions in question have never been applied and that it would consider, at a later time, the possibility of confining the scope of section 3 of Act No. 24-60 of 11 May 1960 to cases of emergency.

The Committee noted the Government's statement that the repeal of Act No. 24-60 of 11 May 1960 is envisaged.

The Committee trusts that the Government will shortly take the necessary measures to bring the legislation into conformity with the practice described and with the Convention on this point.

2. The Committee referred previously to Act No. 11-66 of 22 June 1966 establishing the National People's Army. Under section 4(c) of this Act, the Army must participate actively in the tasks of economic construction for effective production.

The Committee also referred to Act No. 16 of 27 August 1981 to introduce compulsory national service. It noted that national service is an institution intended to enable every citizen to take part in the defence and building of the nation and that it has two aspects, military service and civic service (section 1). The Committee also noted that the report introducing the Act, also published in the Official Gazette, refers to a resolution adopted by the Third Extraordinary Congress of the Congolese Labour Party, in which the Party, considering in particular that the National People's Army, although it remained a force of security, defence and combat, must at the same time be a force for production, decided to set up compulsory national civic service with the general aim of enabling the Congolese nation to benefit, at reduced costs, by the services of the most active part of the people in economic development work.

The Committee noted that, under article 99 of the Constitution, the National People's Army participates in the economic, cultural and social development of the country with a view to the edification of a socialist society.

The Committee drew the Government's attention to Article 2, paragraph 2(a), of the Convention, which provides that work or service exacted in virtue of compulsory military service laws is excluded from the scope of the Convention only when it is performed for work of a purely military character. The work exacted from recruits as part of national service, including work related to the development of the country, is not of a purely military nature. The Committee referred in this connection to paragraphs 24 to 33 and 49 to 62 of its General Survey of 1979 on the Abolition of Forced Labour.

The Committee again asks the Government to indicate the measures taken or under consideration to ensure observance of the Convention on this point.

The Committee also again asks the Government to provide information on the practical effect given to the provisions of Act No. 16 of 27 August 1981, and to supply a copy of the Decree adopted under section 12 of the same Act.

3. In its earlier comments, the Committee noted that civic service for young persons had been abolished by Decree No. 65-145 of 25 May 1965, and asked the Government to indicate the measures taken or under consideration to amend accordingly section 4 of the Labour Code of 1975, which exempts from the prohibition of forced or compulsory labour, inter alia, "obligations arising out of the civic service for youth".

The Committee noted the Government's indication that section 4 of the Labour Code will be examined as part of the general revision of the Labour Code.

The Committee again asks the Government to report on the progress of the above revision.

4. In its previous comments, the Committee noted that the Government may call upon the population to perform certain work considered necessary to the aims set in the management of the national economy. The Committee asked the Government to provide copies of the laws, regulations or other texts on which the practice described is based.

The Committee noted the Government's indications to the effect that work for economic recovery performed by the population on an occasional basis, particularly when major events are being prepared, is not based on any laws or regulations, and that this practice derives from the duty to mobilise the people, provided for in article 35 of the statutes of the Congolese Labour Party, under which the functions of the Party's committees include mobilising and educating the masses to perform constantly and zealously the revolution's tasks of transforming and building society.

The Committee noted from the indications contained in one of the Government's reports that these operations are of limited duration and are performed voluntarily when the whole population is mobilised.

The Committee again asks the Government to indicate the measures taken or envisaged to establish in the law or in regulations the voluntary nature of the economic recovery work performed by the population, so as to ensure effective observance of the Convention.

The Committee also again asks the Government to provide details concerning practice in this respect, indicating in particular the work performed, the persons involved, and the duration and conditions of their involvement.

5. The Committee noted that under section 17 of Act No. 31-80 of 16 December 1980 to provide guidance for youth, the Party and the mass organisations are gradually to create all the conditions for the formation of youth brigades and the organisation of youth work-sites.

The Committee asked the Government to provide information on the practical application given to the Act, in particular on the number of work-sites, the persons concerned and the duration and conditions of their participation.

The Committee noted the Government's indication that the provisions to give effect to the Act to provide guidance for youth have not been adopted, but that a draft decree respecting voluntary work by young people is in the process of being approved.

The Committee again asks the Government to report on the progress of the above draft and to provide a copy of the decree if it has already been adopted.

6. The Committee took note of a document on the WFP Congo project - 3046, "Assistance to operation village centres". It noted that a text to regulate the participation of young people in development activities in accordance with procedures which are in keeping with international labour standards, was to be adopted within the six months following the signature of the plan of operations.

The Committee again asks the Government to indicate whether this text has been adopted and, if so, to provide a copy of it.

7. The Committee noted the Government's indications concerning acceptance of applications to resign from public servants and career members of the armed forces.

The Committee also noted the indications concerning the general conditions for the recruitment of teachers.