Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

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 the next report will contain full information on the matters raised in its previous comments.

Repetition

Preliminary remark on the effect of compulsory prison labour on the application of the Convention. In its previous comments, the Committee noted 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). Reminding the Government that the Convention prohibits the imposition of compulsory labour, including compulsory prison labour, on persons expressing political opinions or opposition to the established political, social or economic system, or participating in a strike, the Committee pointed out that observance of the Convention may be affected by the imposition of penal servitude as a result of charges relating to the expression of political opinions or participation in strikes. The Committee notes that in its report the Government states that penal servitude cannot be treated as forced labour. The Committee emphasizes in this connection that the Convention protects persons against the imposition of all compulsory labour, not only forced labour, in the five instances set out in Article 1.

Article 1(a) of the Convention. Prison sentences involving an obligation to work imposed as a penalty for the expression of political opinions. The Committee notes that non compliance with the following provisions of the Penal Code and other provisions regulating freedom of expression is punishable by penal servitude in the course of which convicted persons are subject to compulsory labour:

• – Penal Code sections 74, 75 and 76: injurious allegations and insults; sections 136–137: contempt towards members of the National Assembly, the Government and depositaries of the public authority or law enforcement officers; section 199bis and ter: dissemination of false rumours liable to alarm the population; section 209: dissemination of tracts, bulletins or leaflets of foreign origin or inspiration liable to harm the national interests; section 211(3): exposure in public places of drawings, posters, engravings, paintings, photographs and all objects or images liable to breach the peace.
• – Act No. 96-002 of 22 June 1996 setting forth arrangements for the exercise of freedom of the press: sections 73–76, referring to the Penal Code for the definition and punishment of press-related offences.
• – Legislative Ordinance No. 25-557 of 6 November 1959 on penalties to be applied for breach of measures of a general nature.
• – Legislative Ordinances Nos 300 and 301 of 16 December 1963 on the punishment of offences against the Head of State and foreign heads of State.

So that it may examine the scope of the abovementioned provisions and the manner in which the courts apply them, the Committee again asks the Government to provide information on the effect given to them in practice, providing details of court decisions handed down, sentences applied and the grounds for prosecution. The Committee requests the Government to ensure that no one who expresses political opinions or opposes the established political, economic and social system peacefully may be sentenced to penal servitude involving an obligation to work.

Article 1(d). Penalties of imprisonment involving the obligation to work as a punishment for participation in strikes. The Committee referred previously to section 326 of the Labour Code allowing a fine and/or a penalty of penal servitude of up to six months to be imposed on anyone offending against section 315, which sets forth the conditions for exercising the right to collective work stoppage in the event of a collective labour dispute. The Committee pointed out in this connection that the Convention expressly prohibits the imposition of compulsory labour, including compulsory prison labour, as a punishment for participation in strikes. The Committee notes that, in its report under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Government indicates that it agrees to the principle of amending section 326 of the Labour Code, which will be done when the Code is next revised, and that the new provision will specify that “the penalties imposed on strikers shall be proportionate to the offence committed and no penalty of imprisonment shall be imposed other than for a criminal or violent act”. The Committee takes due note of this information and trusts that the Government will make every effort to have section 326 of the Penal Code amended as indicated above, in order to align it both with Article 1(d) of this Convention and with Article 3 of Convention No. 87.

The Committee also asks the Government to provide the texts regulating the right of assembly and association.