Observación (CEACR) - Adopción: 1997, Publicación: 86ª reunión CIT (1998)

1. Since 1961, the Committee has been asking the Government to repeal 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 and imposes penalties of imprisonment ranging from one month to one year in the event of refusal.

The Committee notes that, after having long affirmed its intention of repealing the above Act, the Government now states that it is prepared only to restrict its scope to cases of emergency as laid down in Article 2, paragraph 2(d), of the Convention.

The Committee requests the Government to take the necessary measures to ensure respect for the Convention on this point and to indicate progress made in this direction.

2. In its previous comments, the Committee noted that the Government may call upon the population to perform certain sanitation work. The Government indicated that this practice derives from section 35 of the Statutes of the Congolese Labour Party. In its latest report, the Government indicates that mobilization of the population for work of collective interest -- a practice which was in force at the time of the single-party system -- no longer exists, pointing out that such tasks (weeding, sanitation work) are now carried out on a voluntary basis by associations and by the employees of the State and local communities.

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 work performed by the population, so as to ensure effective observance of the Convention.

3. Article 2, paragraph 2(a).On several occasions, the Committee has 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 that the Army must participate actively in the tasks of economic construction for effective production and the latter stipulates 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.

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 nature. 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 referred in this connection to paragraphs 24 to 33 and 49 to 62 of its 1979 General Survey on the abolition of forced labour.

In regard to section 4 of Act No. 45/75 of 15 March 1975 which exempted from the prohibition of forced or compulsory labour, inter alia, "obligations arising out of the civic service for youth", the Committee notes with interest that this exemption is not maintained in section 4 of Act No. 6-96 of 6 March 1996 amending and supplementing certain provisions of the Act of 15 March 1975 establishing the Labour Code for the People's Republic of the Congo.

The Committee notes the information supplied by the Government that the directing role of the single party has disappeared and that the National People's Army has been replaced by the Congolese Armed Forces which are in the process of restructuring. However, the recent report does not contain information regarding the tasks carried out by recruits in application of the provisions of Act No. 16 of 1981 on compulsory national service.

The Committee 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, to supply a copy of the Decree adopted under section 12 of this Act and to indicate the measures taken or envisaged to ensure compliance with the Convention on this matter.

4. In 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 the mass organizations would gradually establish the full conditions for the formation of youth brigades and the organization of youth worksites.

The Committee noted that a draft decree relating to voluntary work by young people was in the process of being approved and asked for precise information on the nature of the work carried out, the number of persons concerned and the duration and conditions of their participation.

The Committee notes the Government's indication that these practices fell into abeyance with the advent of democracy in 1991 of which the immediate consequence was the disappearance of the directing role of the single party, but notes that the report does not indicate whether Act No. 31-80 is still in force and, if so, does not contain the information requested on its application in practice.

The Committee requests the Government to indicate the measures taken or envisaged to bring national legislation into conformity with the Convention on this subject.

5. The Committee has been informed that traditional forms of slavery are practised in the country, particularly forced labour by Pygmies who are obligated for perpetuity to their Bantu patron in plantations in the north in the Ouesso district. Other information indicates that there are cases of slavery among Bantus in the port town of Pointe Noire. The Committee requests the Government to supply any relevant information which it obtains on the situation.