Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Abolition of Forced Labour Convention, 1957 (No. 105) - Congo (Ratification: 1999)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2022, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Compulsory prison labour. In its previous comments, the Committee noted that, under section 629 of the Code of Penal Procedure, persons sentenced to imprisonment are obliged to work. It requested the Government to indicate in this respect whether certain categories of prisoners are exempt from the obligation of prison work. The Committee notes that, under the terms of section 16 of Order No. 0192 of 23 January 1979 issuing the internal rules of prisons, convicted prisoners are required to work and no categories of detainees are exempt from the obligation of prison work. The Committee notes the Government’s confirmation that the Penal Code currently in force is still the Penal Code applicable in French Equatorial Africa, dating from 1836, without specifying whether it is currently being revised. In this respect, the Committee requests the Government to continue providing information in future reports on any revision of the Penal Code which may be undertaken in the near future.

Article 1(a) of the Convention. Expression of political views or views ideologically opposed to the established political, social or economic system. The Committee notes that, under the terms of sections 191 and 194 of Act No. 8 2001 of 12 November 2001 on freedom of information and communication (offence against the President of the Republic and publication of misinformation), a penalty of a fine is established. However, in the event of a repeat offence, a sentence of imprisonment (involving the obligation to work) is imposed.

The Committee also notes that sections 37 and 38 of Act No. 21/2006 of 21 August 2006 on political parties establishes sentences of imprisonment (involving the obligation to work) against any person continuing to be a member of a political party during its suspension, or any person who leads a political party which, by means of written materials or statements, incites breaches of public order.

The Committee recalls that Article 1(a) of the Convention prohibits the use of labour, and particularly compulsory prison labour, as a punishment for anyone who, without resorting to violence, holds or expresses political views or views ideologically opposed to the established political, social or economic system. It emphasizes that the range of activities which must be protected under this provision from punishment involving forced labour comprises the freedom to express political or ideological views (orally, through the press or through other communications media) (paragraph 302 of the General Survey of 2012 on the fundamental Conventions concerning rights at work). With a view to being able to assess the scope and application of these provisions, the Committee would be grateful if the Government would provide information on their application in practice, including copies of any court decisions determining or illustrating their scope.

Article 1(d). Penalties imposed for having participated in a strike. In its previous comments, the Committee observed that, under the terms of sections 248 11 and 248-12 of the Labour Code read together, certain actions carried out during a strike, such as occupying premises or taking part in an illegal strike, not only constitute a serious act of misconduct, but can give rise to criminal proceedings. The Committee requested the Government to indicate the penalties that might, in these circumstances, be imposed on striking workers who do not resort to violence, infringe the freedom of work of non-strikers or the right of the management of the enterprise to enter the premises.

The Committee notes the Government’s indication in its report that such workers are not liable to any penal sanctions. However, it notes that, in its report on the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Government indicates with regard to the penal sanctions that may be imposed under section 248-12 of the Labour Code, that they include providing compensation for the various types of damage caused to the enterprise and to non-striking workers. As, under the provisions of sections 248-11 and 248-12, in certain circumstances, striking workers may be subject to criminal proceedings, the Committee requests the Government to take the necessary measures to ensure that, in both law and practice, persons who participate peacefully in a strike cannot be liable to penal sanctions under which they may be sentenced to imprisonment. The Committee refers to the comments made under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).