Solicitud directa (CEACR) - Adopción: 2010, Publicación: 100ª reunión CIT (2011)

The Committee notes with regret that the Government’s report has not been received. The Committee hopes that in its next report the Government will be able to reply to the following comments and provide the legislation requested. Indeed, this information is vital to the Committee to be able to determine whether, following the ratification of this Convention by the Congo in 1999, the national law and practice ensure the protection guaranteed under the Convention.

Article 1(a) of the Convention. Expressing political views or views ideologically opposed to the established political, social or economic system. The Committee notes that under article 19 of the Constitution of the Congo, all citizens have the right to freely express and disseminate their views in speech, in writing, in images or by any other media; freedom of information and communication is guaranteed; censure is forbidden; access to sources of information is free; all citizens have a right to information and communication; and all activities pertaining thereto are to be carried out in observance of the law. Under article 21 of the Constitution, the State recognizes and guarantees, under the conditions set by law, freedom of movement, association, assembly, procession and demonstration. Section 53 specifies that political parties are recognized in accordance with the Constitution and the law. The Committee requests the Government to provide copies of texts regulating the exercise of public rights and freedoms laid down in these articles of the Constitution, and especially legislation relating to freedom of the press, the establishment of political parties, freedom of association, assembly and demonstration.

Article 1(d). Penalties imposed for having participated in a strike. The Committee points out that, under sections 248–11 and 248–12 of the Labour Code read together, some actions carried out during the strike, such as occupying premises or taking part in an illegal strike, not only constitute a serious act of misconduct but can give rise to criminal proceedings. The Committee requests the Government to indicate the penalties that might, in these circumstances, be imposed on striking workers when they do not resort to violence, infringe the freedom of work of
non-strikers or the right of the management of the enterprise to enter the premises.

Applicable criminal legislation. According to information available to the Committee, the French Penal Code applicable to French Equatorial Africa is still in force in the area of criminal law. The Government has apparently set up committees to review this Penal Code. The Committee requests the Government to provide information on this matter.

The Committee notes, however, that under section 629 of the Code of Penal Procedure, persons sentenced to imprisonment are obliged to work. Section 637(1) stipulates that a Decree shall determine the organization and internal management of prison establishments. The Committee requests the Government to provide a copy of this Decree and any other text governing the work of prisoners. The Government is also asked to specify whether certain categories of prisoners are exempted from the obligation of prison work.