Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Abolition of Forced Labour Convention, 1957 (No. 105) - Democratic Republic of the Congo (Ratification: 2001)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

The Committee requests the Government to indicate the exceptions from the prohibition of forced labour provided for in the national legislation.

Article 1(a) of the Convention. Penal servitude as a penalty for expressing political opinions. The Committee notes that, under article 27 of the Constitution, everyone has the right to freedom of expression and that this right implies freedom to express one’s opinions and feelings, inter alia, in speech, writing and images, subject to observance of the public order, the rights of others and morality.

The Committee takes notes of the following provisions of the Penal Code, the application of which could affect compliance with the Convention:

–      sections 136 and 137: insulting members of the National Assembly, the Government and depositories of authority conferred for the purpose of law enforcement;

–      section 155bis: the wearing in public of the uniform, insignia or emblem of an association or de facto group dissolved by the competent public authority;

–      section 209: the circulation of tracts, bulletins or flyers of foreign origin or inspiration of a nature such as to harm the national interest, and section 211(3): the displaying in public places of drawings, posters, engravings, paintings, photographs or any object or image of a nature likely to cause a breach of the peace.

The Committee also notes Legislative Ordinance No. 25-557 on penalties for contravention of measures of a general nature, Legislative Ordinances Nos 300 and 301 on the punishment of offences against the Head of State and foreign Heads of State, and the Legislative Decree of 14 January 1961 on subversive propaganda.

The Committee notes that breach of the abovementioned provisions is punishable by penal servitude and that persons sentenced to penal servitude are employed either in or outside the prison in work authorized by the regulations of the establishment or determined by the President of the Republic (section 8 of the Penal Code).

The Committee points out that observance of the Convention may be affected by the imposition of penal servitude on persons expressing certain political opinions. It requests the Government to provide information on the application of the abovementioned provisions in practice, particularly the number of sentences passed, and to provide copies of the relevant judicial decisions.

Article 1(d). Penal servitude as a penalty for participating in strikes. In its observation on the application of Convention No. 87, the Committee noted that article 42 of the Transitional Constitution recognized the right to strike and that section 315 of the Labour Code provides a right of collective work stoppage in the event of a collective labour dispute. The Committee also notes that section 315(4) provides that the arrangements for exercising the right to strike or lockout are those established by an Order of the Minister of Labour and Social Welfare. Lastly, the Committee notes that section 326 of the Labour Code provides for a fine and/or penal servitude for a maximum of six months where an individual contravenes section 315. The Committee refers the Government to its comments on the application of Convention No. 87 and points out that Convention No. 105 expressly prohibits the imposition of compulsory labour as a penalty for participating in a strike. It requests the Government to indicate whether a ministerial order establishing arrangements for exercise of the right to strike has been adopted and, if so, to provide a copy. The Government is also asked to indicate the measures taken or envisaged to ensure, in accordance with the Convention, that no penalty involving compulsory labour, including compulsory prison labour, can be imposed for participation in strikes.

The Committee also requests the Government to provide the texts on freedom of the press and other media, and the texts governing the right of assembly and association.