Observation (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 29) sur le travail forcé, 1930 - Congo (Ratification: 1960)

Autre commentaire sur C029

Observation

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Article 2(2)(a) of the Convention. 1. Work exacted under compulsory military service laws. For many years, the Committee has been drawing the Government’s attention to the fact that section 1 of Act No. 16 of 27 August 1981 establishing compulsory military service is not in conformity with the Convention. Under this provision, national service is instituted for the purpose of enabling every citizen to participate in the defence and construction of the nation and has two components: military service and civic service. The Committee has stressed that work exacted from recruits as part of compulsory national service, including work related to national development, is not purely military in nature and is therefore contrary to Article 2(2)(a) of the Convention.

The Committee notes that the Government indicates once again in its report that it is committed to repealing the abovementioned law and that it will provide information on any changes in this respect. The Committee firmly hopes that the necessary steps will be taken to amend or repeal the Act establishing compulsory military service so as to bring the legislation into conformity with the Convention.

2. Youth brigades and workshops. In its previous comments, the Committee noted that, according to the Government, Act No. 31-80 of 16 December 1980 on guidance for youth had fallen into disuse since 1991. Under this Act, the party and mass organizations were supposed to create, over time, all the conditions for establishing youth brigades and organizing youth workshops (type of tasks performed, number of persons involved, duration and conditions of their participation, etc.). The Committee notes that, in its last report, the Government states that it is committed to repeal the law to bring national legislation into conformity with the Convention. The Committee hopes that the necessary measures will be taken to formally repeal Act No. 31-80 of 16 December 1980 on guidance for youth.

Article 2(2)(d). Requisitioning of persons to perform community work in instances other than emergencies. For many years, the Committee has been drawing the Government’s attention to the fact that Act No. 24-60 of 11 May 1960 is incompatible with the Convention in that it allows the requisitioning of persons to perform community work in instances other than the emergencies provided for under Article 2(2)(d) of the Convention, and provides that persons requisitioned who refuse to work are liable to a prison sentence ranging from one month to a year.

The Committee notes that the Government confirms, in its last report, that this Act has fallen into disuse and may be considered as repealed, in view of the subsequent adoption of the Labour Code, especially section 4 which bans forced labour. The Government stipulates that, to avoid any legal ambiguity, it will include a provision stating the voluntary nature of this work in the Labour Code at present being revised. It also refers to the adoption of a text enabling a distinction to be made between work of public interest and forced labour. Taking account of this information, the Committee trusts that the Government will be in a position to announce, in its next report, the formal repeal of Act No. 24-60 of 11 May 1960 on community work.

The Committee is raising other points in a request addressed directly to the Government.