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Safety Provisions (Building) Convention, 1937 (No. 62) - Democratic Republic of the Congo (RATIFICATION: 1960)

1. The Committee notes that the Government’s report has not been received. It hopes that a report will be provided for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information contained in the Government’s report.

Article 4 of the Convention. The Committee notes the new reorganization of the labour inspectorate into four specialized subservices, one of which will be inspecting for the technical safety standards. The Committee would be grateful if the Government would provide more information on this restructuring, in particular on the manner in which this renewed system of inspection is ensuring the effective application of the provisions of the safety legislation in the building industry.

Article 6. The Committee notes that the Government explains the absence of statistical information on occupational accidents by the war situation prevailing since 2 August 1998, which prevents the central services of the labour administration from getting into contact with all the external services. The Committee hopes the Government will be in a position to supply to the Office, with its next report, statistical information on the number and classification of the accidents occurring, more particularly to persons working in the sector covered by the Convention, and as detailed information as possible on the number of persons engaged in the building industry and covered by the statistics.

The Committee notes that according to section 125 of Law No. 93-001 of 2 April 1993 concerning constitutional harmonization during the transition period, all legislative and regulatory texts in existence at the time of the entry into force of the said Law, will continue to be in force until they are expressly repealed. The Committee notes that the Government indicates in its report that the legislative and regulatory texts applying the provisions of the Convention have already been provided to the Office. The Committee notes that the texts referred to by the Government, which were recalled by the Government in its report of 1984 had been adopted between 1959 and 1974. In view of the changes that have taken place in the country since then, the Committee would be grateful if the Government would indicate the laws and regulations currently in force and those that have been expressly repealed. Please provide the Office with a copy of the amending laws or regulations which will permit an assessment of the application of the provisions of the Convention.

2. Revision of Convention No. 62. Finally, the Committee draws the Government’s attention to the Safety and Health in Construction Convention, 1988 (No. 167), which revises Convention No. 62 of 1937 and which might be more adapted to the current situation of the building industry. The Committee recalls that the Governing Body of the ILO had invited member States parties to Convention No. 62, to contemplate ratifying Convention No. 167, the ratification of which will, ipso jure, imply the immediate denunciation of Convention No. 62 (document GB.268/8/2). The Committee requests the Government to keep it informed on any developments in this regard.