Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

1. Article 2, paragraph 2(a), of the Convention. The Committee has several times drawn the Government’s attention to section 4 of Act No. 11-66 of 22 June 1966 establishing the National People’s Army and section 1 of Act No. 16 of 27 August 1981 introducing compulsory national service. The former provides for active participation by the army in tasks of economic construction for effective production and the latter stipulates that national service, which comprises both military and civic service, enables every citizen to take part in the defence and construction of the nation. 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 imposed for work of a purely military character. Work exacted from recruits as part of national service, including work related to national development, is not purely military in nature. The Committee referred in this context to paragraphs 24-33 and 49-62 of its General Survey of 1979 on the abolition of forced labour. According to the Government, the practice of imposing on recruits work which is not purely military in nature has fallen into disuse. The Committee notes that, in its last report, the Government expressed its intention of repealing Act No. 16 of 1981 on compulsory national service. The Committee hopes that the necessary steps will be taken to repeal the above Act in order to bring the national legislation into conformity with the Convention.

2. Youth brigades and workshops. In its previous comments, the Committee referred to section 17 of Act No. 31-80 of 16 December 1980 on guidance for youth under which the party and mass organizations would gradually create all the conditions for the formation of youth brigades and the organization of youth workshops. The Committee notes that, according to the Government, these practices no longer exist. It observes, however, that the abovementioned Act has not been repealed. The Committee noted that a draft decree on voluntary work for young people was in the process of being approved, and requested specific information on the type of tasks performed, the number of persons concerned, the duration and conditions of their participation. The Committee asks the Government to indicate the measures taken or envisaged to bring the national legislation into line with the Convention and to provide a copy of the decree on voluntary work for young people as soon as it is adopted, together with relevant information.

3. Article 2, paragraph 2(d). In its previous comments, the Committee asked for the repeal of Act No. 24-60 of 11 May 1960 which allows persons to be requisitioned for work of public interest in cases which do not constitute the emergencies provided for in Article 2, paragraph 2(d), of the Convention. Persons requisitioned who refuse to work are liable to a penalty of imprisonment of from one month to one year. The Committee notes the Government’s indication in its report that, although it has never been repealed, Act No. 24-60 has fallen into abeyance since the publication of the Labour Code, the Penal Code and the new Constitution of 2002. The Committee asks the Government to provide information on the measures taken to formally repeal this Act in order to avoid any legal ambiguity.

4. Article 2, paragraph 2(e). Imposition of sanitation jobs. In its previous comments, the Committee noted that the Government may request the population to carry out certain sanitation jobs. The Government indicated that this practice consisted of mobilizing the population for work in the community interest and was based on section 35 of the Statutes of the Congolese Labour Party, but that it no longer exists and such tasks (weeding, sanitation work) are now undertaken voluntarily by associations and employees of the State and local communities. The Government indicates its intention of including, in the Labour Code currently being revised, a provision to establish the voluntary nature of sanitation work. The Committee asks the Government to provide a copy of the new provisions of the Labour Code once they are adopted.

5. The Committee asks the Government to provide copies of the Order regulating the operation of prisons and prison labour.

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