Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Democratic Republic of the Congo

Safety Provisions (Building) Convention, 1937 (No. 62) (Ratification: 1960)
Guarding of Machinery Convention, 1963 (No. 119) (Ratification: 1967)
Hygiene (Commerce and Offices) Convention, 1964 (No. 120) (Ratification: 1967)

In order to provide an overview of the issues relating to the application of the ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine the Safety Provisions (Building) Convention, 1937 (No. 62), the Guarding of Machinery Convention, 1963 (No. 119), and the Hygiene (Commerce and Offices) Convention, 1964 (No. 120), in a single comment.

Application in practice of Conventions Nos 62, 119 and 120. Further to its previous comments, the Committee notes the Government’s indication that detailed statistics on the number and classification of industrial accidents and occupational diseases will be communicated in the next report. The Committee therefore once again requests the Government to provide statistical data on the number and nature of infringements reported in the construction, commerce and office sectors and also those relating to the use of machinery, as well as the number, nature and causes of industrial accidents and occupational diseases which have been reported.

Protection against specific risks

Guarding of Machinery Convention, 1963 (No. 119)

Article 3 of the Convention. Exemptions from the obligation to provide safety devices. Further to its previous comments on exemptions, the Committee notes the Government’s indication in its report that no other legislative text provides for any exemption from the application of the provisions of Ministerial Order No. 12/CAB.MIN/ETPS/046/2008 of 8 August 2008 establishing the guarding of machinery and other mechanical devices and prohibiting the sale, hire, exhibition or transfer in any other manner of machinery whose dangerous parts have no appropriate safety devices.

Protection in specific branches of activity

Safety Provisions (Building) Convention, 1937 (No. 62)

The Committee recalls that the ILO Governing Body (at its 334th Session, October–November 2018), on the recommendation of the Standards Review Mechanism Tripartite Working Group (SRM TWG), confirmed the classification of Convention No. 62 in the category of outdated instruments and placed an item concerning the abrogation of this Convention on the agenda of the 113th Session of the International Labour Conference (2024). The Governing Body also asked the Office to undertake follow-up action to actively encourage ratification of the up-to-date instrument, the Safety and Health in Construction Convention, 1988 (No. 167), and recommended proposing ILO technical assistance to countries most in need of it. The Committee therefore encourages the Government to follow up the decision adopted by the Governing Body at its 334th Session (October–November 2018) approving the recommendation of the SRM TWG, and to consider ratifying Convention No. 167. The Committee reminds the Government of the possibility of obtaining technical assistance from the Office in this regard.

Article 4 of the Convention. Further to its previous comments, the Committee notes the Government’s indication that the technical standards applied in the construction industry are monitored by labour inspectors during ordinary or special inspections using a specific report form.

Hygiene (Commerce and Offices) Convention, 1964 (No. 120)

Articles 1 and 2 of the Convention. Scope of application and exclusion of specific categories of workers from the application of the Convention. Further to its previous comments concerning the exclusion of civil service departments from the scope of application of the Labour Code, the Committee notes the Government’s indication in its report that tripartite consultations took place on this subject within the National Labour Council. The Committee also notes that Ministerial Order No. 0013 of 4 August 1972 establishing conditions of hygiene in workplaces, and which gives effect to the Convention, applies to all establishments.

Articles 10 and 16. Temperature of workplaces. Appropriate standards of hygiene in underground or windowless premises. Further to its previous comments, the Committee notes that Ministerial Order No. 0013 of 4 August 1972 establishing conditions of hygiene in workplaces does not appear to give effect to the above-mentioned provisions of the Convention. The Committee requests the Government to provide information on the relevant provisions of its legislation which ensure the application of Article 10 (temperature of workplaces) and Article 16 (concerning appropriate standards of hygiene in underground or windowless premises) of the Convention and to send a copy of them.