Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes with regret that no report has been received from the Government. It must, therefore, repeat its previous observation on the following points:

1. In comments it has been making for many years, the Committee has referred to the following texts: - the provisions of Act No. 76-011 of 21 May 1976 concerning national development efforts, which require, under penalty of penal sanctions, every able-bodied adult person who is a national of Zaire and who is not already considered to be making his contribution by reason of his employment (political representatives, wage earners and apprentices, public servants, tradesmen, members of the liberal professions, the clergy, students and pupils), to carry out agricultural work and other development work laid down by the Government. It also noted the measures to implement the Act laid down in Departmental Order No. 00748/BCE/AGRI/76 of 11 June 1976; - sections 18 to 21 of Legislative Ordinance No. 71-087 of 14 September 1971 on minimum personal contributions, which provides for the imprisonment with compulsory labour of tax defaulters by decision of the chief of the local community or the area commissioner, as a means of recovering the minimum personal contribution. For many years the Government has referred to draft amendments to the provisions in question. The Committee again expresses the hope that the Government will indicate the measures taken to bring these provisions into conformity with the Convention and that it will provide a copy of the texts adopted for this purpose. 2. The Government also stated its intention of repealing Ordinance No. 15/APAJ of 20 January 1938 respecting the prison system in native districts, which allows work to be exacted from detainees who have not been sentenced. The Government stated that this text had fallen into disuse and was contrary to Ordinance No. 344 of 17 September 1965 governing prison labour. The Committee noted the indications in the Government's report for the period ending 30 June 1992 that, following a critical analysis of the laws and regulations concerning the organization and operation of the judicial system, the Supreme National Conference has decided to reform the penitentiary system and repeal certain provisions of the law to ensure that detainees are integrated into society and contribute to the community. Detainees will maintain all the rights to which free men are entitled except the right to come and go freely. The Committee again expresses the hope that the provisions to be adopted will be consistent with those of Article 2, paragraph 2(c), of the Convention and that the Government will provide information on any developments in this regard. 3. In its previous comments, the Committee stressed the need to include a provision in the national legislation establishing penal sanctions for persons who unlawfully exact forced or compulsory labour, in accordance with Article 25 of the Convention. The Committee noted the Government's indication that it was planned to insert such a provision into the draft of the revised Labour Code. In its report for the period ending June 1992 the Government indicated that, in view of the changes in labour relations and personal freedoms, the draft of the revised Code had to be updated. The Committee trusts again that the final draft will prohibit forced or compulsory labour under penalty of really effective penal sanctions and that the Government will provide a copy of it.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.