Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

Guarding of Machinery Convention, 1963 (No. 119) - Democratic Republic of the Congo (Ratification: 1967)

1. With reference to the examination of the case concerning the Democratic Republic of the Congo at the 96th Session of the International Labour Conference in 2007 in the absence of the Government representative, the Committee notes that the Government has not, since 2002, submitted any report on the application of the Convention. Based on information in publicly available sources, the Committee understands, however, that a new Labour Code was adopted on 16 October 2002 (Act No. 15/2002) and notes, with satisfaction, that section 173, paragraph 1 of the new Labour Code gives effect to Article 2 of the Convention.

2. Article 2. Guarding of machinery being sold, hired, or otherwise transferred or exhibited. The Committee notes that paragraph 2 of section 173 of the new Labour Code provides that further legislation providing for the modalities for implementing paragraph 1 of section 173 is to be developed. The Committee requests the Government to provide information on legislation giving further effect to Article 2 of the Convention, and to transmit to it copies of relevant legislative texts as soon as they have been adopted.

3. Article 3. Exemptions to the obligation to provide guards; Article 4. Responsibility for ensuring compliance. With reference to its previous comments, the Committee notes that the new Labour Code does not seem to give effect to these Articles of the Convention. The Committee urges the Government to provide information on measures taken or envisaged to give effect, in law and in practice, to Articles 3 and 4 of the Convention.

4. Part V of the report form. Practical application of the Convention. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in the country, including, for instance, extracts from official reports, such as labour inspection reports, and information on any practical difficulties in the application of the Convention, the number and nature of work accidents reported, as well as any other information allowing the Committee to assess more accurately how the Convention is applied in practice in the country.

[The Government is asked to reply in detail to the present comments in 2008.]