Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

1. In its previous comments, the Committee requested the Government to take the necessary measures to bring Act No. 24-60 of 11 May 1960, which permits the requisitioning of persons to undertake work of public interest that is not confined to cases of emergency, combined with the imposition of penalties of imprisonment of from one month to one year in the event of refusal, into conformity with the Convention.

The Committee notes that in its latest report the Government reaffirms its intention of repealing the above Act. The Committee hopes that the Government will soon be able to report that the Act has been repealed.

2. The Government also previously referred to section 4 of the Labour Code, which exempts from the prohibition of forced or compulsory labour, inter alia, "obligations arising out of the civic service for youth".

The Committee notes that in its report the Government reiterates that the Committee's comments will be taken into account when the Labour Code is revised. The Committee hopes that the Government will be able to indicate in the near future that the necessary amendments have been adopted to ensure the observance of the Convention.

The Committee notes that the Government's report does not contain information on the following points raised in its previous direct request:

3. 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, which was 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 that the National People's Army, although remaining 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, from 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 character. The Committee refers in this connection to paragraphs 24 to 33 and 49 to 62 of its 1979 General Survey on the Abolition of Forced Labour.

The Committee once again requests the Government to indicate the measures which have been taken or are under consideration to ensure observance of the Convention on this point.

The Committee also once again requests the Government to provide information on the effect given in practice 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.

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 mobilize 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 mobilizing 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 mobilized.

The Committee once again requests the Government to indicate the measures which have been taken or are 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 once again requests the Government to provide details concerning the practice in this respect, and to indicate 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 organizations are gradually to create all the conditions for the formation of youth brigades and the organization of youth work sites.

The Committee requested the Government to provide information on the effect given in practice to the Act and 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 indications that the provisions to give effect to the Act to provide guidance for youth have not yet been adopted, but that a draft decree respecting voluntary work by young people is in the process of being approved.

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