Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Forced Labour Convention, 1930 (No. 29) - Democratic Republic of the Congo (Ratification: 1960)

Other comments on C029

Observation

Direct Request

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Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee notes that in 2004 the International Organization for Migration (IOM) launched a support programme for the reintegration of victims of trafficking, as there are not yet any real policies on preventing or combating trafficking in persons or prosecuting traffickers, let alone on victim support.

The Committee notes that, in its concluding observations of 2013, the Committee on the Elimination of Discrimination against Women (CEDAW) expressed its concern about the delay in conducting a study on the extent and causes of trafficking in human beings and forced prostitution and about the absence of a comprehensive law and strategy aimed at combating trafficking in human beings. It also expressed concern about the prevalence of prostitution, including forced and adolescent prostitution (CEDAW/C/COD/CO/6-7, paragraphs 23–24). The Committee draws the Government’s attention to the need to take measures to include in the national legislation provisions that specifically define what constitutes trafficking in persons, both for labour exploitation and sexual exploitation, to criminalize such trafficking and to establish dissuasive criminal penalties. The Committee requests the Government to provide information on the measures taken or envisaged to combat trafficking in persons. The Committee also requests the Government to indicate whether judgments have already been handed down by the criminal courts and penalties imposed on persons convicted of this crime.

Articles 1(1) and 2(1). 1. Possibility for judges to resign. In its previous comments, the Committee noted that under section 38 of Legislative Ordinance No. 88-056 of 29 September 1988 issuing the conditions of service of judges, their resignations must be accepted by the President of the Republic. The Committee requested the Government to provide information on the application of this Ordinance in practice.

The Committee notes the Government’s indication in its report that Basic Act No. 06/020 of 10 October 2006 issuing the conditions of service of judges has replaced the Ordinance of 1988. Section 44 provides that if a response is not provided within four months following the submission of the resignation letter, the resignation shall be accepted. Section 45 lists the cases in which the resignation is automatic, including: (i) failure to resume service within 30 days following the expiry of leave; (ii) failure to renew one’s oath within the prescribed one month deadline; and (iii) failure to comply with a written order from a hierarchical superior.

2. Pygmy peoples as victims of forced labour. In its previous comments, the Committee referred to the concerns expressed by a number of United Nations bodies that Pygmy peoples continue to suffer extreme forms of social marginalization, in particular as regards their access to identity documents, education, health and employment, and are sometimes subjected to forced labour. The Committee requested the Government to provide information on the measures taken to combat the vulnerability of Pygmies, which could lead them into situations of forced labour.

The Committee notes the Government’s indication that the Constitution recognizes Pygmies as full citizens and that they have formed associations to defend their rights. Those who live in large cities are integrated in the school system. The Committee requests the Government to continue providing information on the steps taken to combat the social marginalization of Pygmy peoples with a view to ensuring that their situation of vulnerability does not result in them becoming victims of forced labour.

Repeal of legislation. 1. Imposition of work for national development purposes, as a means of collecting taxes, and on persons in pretrial detention. For several years, the Committee has been requesting the Government to formally repeal or amend the following legislative texts and regulations, which are contrary to the Convention:

-Act No. 76-11 of 21 May 1976 on national development and its implementing order, Departmental Order No. 00748/BCE/AGRI/76 of 11 June 1976 on the performance of civic tasks in the context of the National Food Production Programme: these legal texts, which aim to increase productivity in all sectors of national life, require, subject to criminal penalties, all able-bodied adult persons who are not already considered to be making their contribution by reason of their employment to carry out agricultural and other development work, as decided by the Government;
-Legislative Ordinance No. 71/087 of 14 September 1971 on the minimum personal contribution, of which sections 18 to 21 provide for imprisonment involving compulsory labour, upon decision of the chief of the local community or the area commissioner, of taxpayers who have defaulted on their minimum personal contributions;
-Ordinance No. 15/APAJ of 20 January 1938 on the prison system in indigenous districts, which allows work to be exacted from persons in pretrial detention (this Ordinance is not on the list of legal texts repealed by Ordinance No. 344 of 15 September 1965 regulating prison labour).

2. Forced labour in cases of vagrancy. Since 2002, the Committee has been drawing the Government’s attention to the provisions of the Decree on Vagrancy and Begging of 23 May 1896, under which persons may be arrested and judged by a court for vagrancy or begging. The court may decide to put them at the Government’s disposal for a certain period by placing them in an establishment. Able-bodied persons thus placed are forced to work in roadworks, agriculture, maintenance, cleaning, buildings and road construction, or to perform other general interest services (section 7 of the General Government Order of 26 May 1913). The Committee recalled that the laws which require all able-bodied citizens to be gainfully employed or otherwise face criminal penalties are incompatible with the Convention, and that the laws which define vagrancy in such general terms that they may serve directly or indirectly as a means of forcing persons to work should be amended so that criminal penalties are limited to the cases where the public order is disturbed by an offender who not only habitually refrains from working but who has no lawful means of subsistence.

The Committee notes the Government’s indication in its report that a bill to repeal forced labour is before Parliament and that the promulgated text will be communicated to the Committee in due course. The Government also indicates that all the legislative texts from the colonial period are no longer applied. The Committee requests the Government to take the necessary measures to formally repeal the abovementioned legislation and to bring it into conformity with the Convention. The Committee also requests the Government to provide information on any progress made in this regard.