Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

With reference to its previous comments, the Committee notes from the information supplied by the Government in its report that efforts to bring the legislation into line with the Convention are being pursued.

1. The Committee referred previously to sections 18-21 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. The Committee noted that a draft Ordinance to repeal these provisions and replace them with provisions allowing defaulting taxpayers to choose the performance of work selected by the competent local authority and remunerated in accordance with the legislation on minimum wages, was to be enacted. This draft also provided for the repeal of Ordinance No. 15/APAJ of 20 January 1938 respecting the prison system in native districts. The Committee notes that, in its report, the Government repeats its previous indications that it will transmit the new legislation as soon as it has been enacted, and trusts that the Government will shortly be able to report that the new provisions have been adopted and that it will provide a copy of them.

2. The Committee also drew attention to the provisions of Act No. 76-011 of 21 May 1976 concerning national development efforts, which oblige, 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 taken under Act No. 76-011 as laid down in Departmental Order No. 00748/BCE/AGRI/76 of 11 June 1976. The Committee hopes that the amendments now being prepared will shortly be adopted in order to bring the legislation in question into harmony with the provisions of the Convention, and that the Government will report the amendments that are adopted.

3. In its previous comments, the Committee stressed the need to include a provision in the national legislation providing for penal sanctions to be imposed on persons who illegally exact forced or compulsory labour, in accordance with Article 25 of the Convention. The Committee noted the Government's indications that it was planned to insert such a provision into the draft of the revised Labour Code. The Committee notes from the information provided by the Government in its report that the National Labour Council has completed its work on the revision of the Labour Code and that the draft provides for sanctions to be imposed on persons who infringe the provisions prohibiting the exaction of work from any person under threat of any penalty whatsoever. The Committee hopes that the Government will be able to transmit the text of the new Code in the near future.