Forced Labour Convention, 1930 (No. 29) - Congo (Ratification: 1960)

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

The Committee notes with deep concern that the Government’s report, due since 2014, has not been received. In view of its urgent appeal to the Government in 2019, the Committee proceeded with the examination of the application of the Convention on the basis of the information at its disposal.

Articles 1(1), 2(1) and 25 of the Convention. 1. Exploitation of the labour of indigenous populations. The Committee previously pointed out that, according to several reports, practices similar to slavery and forced labour against indigenous populations endured in the country, and that “master-slave” relations persisted among indigenous populations and the Bantu majority. While welcoming the adoption of Act No. 5-2011 concerning the promotion and protection of the rights of indigenous peoples and the National Action Plan to improve the quality of life of indigenous peoples 2009–2013, the Committee requested the Government to take steps to protect members of indigenous peoples who were victims of forced labour and to ensure that they had access to the competent authorities in order to assert their rights.

The Committee notes that the United Nations Special Rapporteur on the rights of indigenous peoples indicates, in her report of 10 July 2020 following her visit to the Republic of the Congo, that the country has a sound legal foundation and has established a number of government mechanisms to protect and promote the rights of indigenous peoples including the adoption, in 2019, of six implementing decrees for Act No. 5-2011 on areas including access to basic social services, education, the organization of consultations and the creation of an inter-ministerial committee to guide government action for indigenous peoples. Nevertheless, the Special Rapporteur indicates that indigenous peoples continue to suffer from severe indirect and systemic discrimination and underscores that the serfdom of indigenous peoples by Bantu populations persists in certain areas of the country, and that economic and labour exploitation still exist. She specifies that Act No. 22-2019 of 17 June 2019 criminalizing trafficking in persons, including for the purposes of labour exploitation and serfdom, would make it possible to tackle the “master-slave” relationship that has historically characterized certain relationships between some Bantus and indigenous peoples. Furthermore, the Special Rapporteur observes that many indigenous people do not know who to turn to for effective remedy and reparation when their rights are violated (A/HRC/45/34/Add.1, paras 8, 60 and 85).

The Committee further notes the adoption of the National Action Plan 2018–2022 to improve the quality of life of indigenous peoples. This plan aims, in particular, to promote access to civil and political rights, including by raising awareness of Act No. 5-2011 among indigenous and Bantu populations and training law enforcement professionals. The Committee strongly encourages the Government to pursue every effort to combat stereotypes and discrimination which contribute to keeping certain members of indigenous peoples in a dependent relationship under the terms of which work may be imposed on them without their valid consent. The Committee requests the Government to provide information on the measures taken to raise awareness among indigenous peoples of their rights and to increase their autonomy, including in the context of the National Action Plan 2018–2022 and of the work of the inter-ministerial committee for indigenous peoples. Lastly, the Committee requests the Government to take practical steps to enable the members of indigenous peoples who were victims of forced labour and labour exploitation to assert their rights and obtain redress.

2. Trafficking in persons. While reiterating its concern at the absence of a Government report, the Committee takes due note of the adoption of Act No. 22-2019 of 17 June 2019 on combating trafficking in persons, which constitutes a positive development. The Act criminalizes trafficking in persons and provides that perpetrators shall be liable to a penalty of imprisonment (of from 5 to 10 years in accordance with section 21 of the Penal Code of 1836), or to harsher penalties in case of aggravating circumstances. It also contains provisions relating to the protection and assistance of trafficked persons, particularly with regard to housing, health and psychological, social and legal support. Furthermore, it provides for the establishment of a national committee to combat trafficking in persons, to (i) prevent and combat trafficking in persons; (ii) guarantee the protection of victims; (iii) collect data relating to trafficking; and (iv) promote cooperation and collaboration. The Committee notes the 2018 concluding observations of the United Nations Committee on the Elimination of Discrimination Against Women, which indicate that Congo is a country of origin, transit and destination for trafficking in persons (CEDAW/C/COG/CO/7, para. 30). The Committee requests the Government to provide information on the activities carried out by the National Committee to Combat Trafficking in Persons to prevent and combat trafficking in persons. It also requests the Government to provide information on the number of victims of trafficking who have benefited from protection and assistance services and on the nature of these services. Lastly, the Committee requests the Government to provide information on the effect given to Act No. 22-2019 in practice, including on the number of investigations, prosecutions, convictions and penalties.

Article 2(2)(c). Work exacted as the result of a conviction in a court of law. 1. The Committee noted previously that, according to Order No. 0192 of 23 January 1979 concerning the internal regulations of prisons, prisoners are put to work outside the prison and that men, in particular, may be subject to a hiring out of labour. It requested the Government to specify whether prisoners could be hired out to work for private entities (individuals, enterprises or associations).

The Committee notes that Order No. 12900 of 15 September 2011 establishing the internal regulations of prisons provides that every convict shall be required to perform prison work (section 32). However, it makes no further mention of work outside or of hiring out of labour. The Committee requests the Government to indicate whether a person sentenced to imprisonment, who is thus required to perform prison work, may, in practice, be provided or hired out to private entities. If so, please indicate the conditions under which the work of prisoners for private entities is performed.

2. The Committee noted previously that, according to Decree No. 99-86 of 19 May 1999 concerning the work and organization of the Directorate-General of Prisons Administration, the penalties enforcement department is responsible for organizing community service and the arrangements for the enforcement of other alternative penalties. It requested the Government to indicate whether community service sentences had already been imposed and, if so, to specify the legal or regulatory provisions governing such penalties.

The Committee notes that according to Order No. 12897 of 15 September 2011 establishing the work and organization of the services and offices of the Directorate-General of Prisons Administration, the alternative penalties service, which is part of the penalties enforcement department, is responsible for promoting alternative penalties and evaluating their enforcement (section 25). The Committee notes in this regard that the Order no longer refers specifically to community service. The Committee requests the Government to indicate whether the alternative penalties to which Order No. 12897 of 15 September 2011 refers include community service and, if so, please to provide a copy of the regulations governing the conditions of enforcement of this penalty.

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

The Committee notes with deep concern that the Government’s report, due since 2014, has not been received. In view of its urgent appeal to the Government in 2019, the Committee proceeded with the examination of the application of the Convention on the basis of the information at its disposal.

Article 2(2)(a) of the Convention. 1. Work exacted under compulsory military service laws. For many years, the Committee has been drawing the Government’s attention to the need to amend or repeal Act No. 16 of 27 August 1981 establishing compulsory military service, in order to ensure conformity with the Convention. Under section 1 of this Act, national service, instituted for the purpose of enabling every citizen to participate in the defence and construction of the nation, has two components: military service and civic service. The Committee recalled that the work exacted as part of compulsory national service for the purpose of the construction or development of the nation was not purely military in nature and was therefore contrary to Article 2(2)(a) of the Convention, according to which work exacted in virtue of compulsory military service laws is excluded from the scope of the Convention only when imposed for work of a purely military character. Noting that the Government has in the past stated its intention to repeal Act No. 16 of 27 August 1981 establishing compulsory military service, the Committee firmly hopes that it will be able to report on the measures taken with a view to repealing or amending the Act in such a manner as to limit the obligation to perform national service to military service only and, thus, to work of a purely military nature.

2. Work exacted under laws on guidance for youth. In its previous comments, the Committee noted that Act No. 31-80 of 16 December 1980 on guidance for youth had fallen into disuse and requested the Government to formally repeal it. Under this Act, the party and mass organizations were supposed to create, over time, all the conditions for establishing youth brigades and organizing youth workshops (determining the types of tasks performed, the number of persons involved, the duration and conditions of their participation etc.).

The Committee notes that Act No. 31-80 of 16 December 1980 on guidance for youth was replaced by Act No. 9-2000 of 31 July 2000 on guidance for youth. The latter Act contains no provisions relating to the training of youth brigades and the organization of youth workshops. The Committee notes, however, with regret that according to section 14, the State shall create the conditions for the participation and integration of young people in the socio-economic development of the country, including by the organization of compulsory national civic service. The Committee further notes that section 16 of the Act provides that every young person has an obligation to accomplish their national duty in an exemplary manner and be available for all calls of the Republic.

The Committee recalls that the exceptions to forced labour provided for under Article 2(2) of the Convention do not include compulsory national civic service. Furthermore, as indicated above, compulsory military service is excluded from the definition of forced labour only if the work exacted in this context is of a purely military nature. However, as Act No. 9-2000 highlights, national civic service forms part of young people’s participation in the socio-economic development of the country. The Committee therefore requests the Government to indicate whether compulsory national civic service has been introduced and to take the necessary measures to amend Act No. 9-2000 of 31 July 2000 on guidance for youth, in such a manner as to abolish the compulsory character of civic service. The Committee also requests the Government to indicate the specific nature of the “calls of the Republic” mentioned in section 16 of the aforementioned Act.

Article 2(2)(d). Requisitioning of persons to perform community work in instances other than emergencies. In its previous comments, the Committee highlighted that Act No. 24-60 of 11 May 1960 is not in conformity with the Convention, in that it allows the requisitioning of persons to perform community work in instances other than the emergencies provided for under Article 2(2)(d) of the Convention and that persons requisitioned who refuse to work are liable to imprisonment ranging from one month to one year. It noted the Government’s indications that: (i) Act No. 24-60 of 11 May 1960 has fallen into disuse and could be considered as repealed; (ii) community work, including tasks such as weeding and clean-up work, are carried out on a voluntary basis; and (iii) the voluntary nature of such work would be established in a forthcoming revision of the Labour Code. The Committee once again requests the Government to take the necessary measures to formally repeal Act No. 24-60 and to ensure that collective community work is carried out on a voluntary basis both in law and in practice.

The Committee is raising other matters in a request addressed directly to the Government.

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

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 2021, 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

Articles 1(2) and 2(1) of the Convention. Exploitation of the labour of indigenous populations. For a number of years the Committee has been asking the Government to supply information on the measures taken to ensure that the indigenous populations are not subjected to work to which they have not consented or are unable to give proper consent. The Committee notes with regret that no information has been sent on this matter.

In its previous comments, the Committee noted the adoption of Act No. 5-2011 concerning the promotion and protection of the rights of indigenous populations. This Act contains provisions concerning consultation mechanisms, civil and political rights, cultural rights, the right to education, the right to work, and property and environment rights. The Committee noted in particular the provisions of section 29 of the Act, which guarantee the protection of the indigenous populations against forced labour, all forms of slavery and also debt bondage, and states that any person committing such offences shall be liable to imprisonment ranging from two to 30 years. Provision is also made for reparation of the damage caused.

The Committee also took note of the report of the Congolese Human Rights Observatory (OCDH) entitled “Indigenous Peoples of the Republic of the Congo: Discrimination and Slavery”, which was published in November 2011. The Committee noted that, according to this report, field visits confirmed the existence of slavery, practices similar to slavery and forced labour, all of which are intrinsically linked to discrimination; it also found that “master–slave” relations still prevail among the indigenous populations. Moreover, the report emphasized that the most widespread practice was that of forced labour, in which a person is forced to work against his or her will, under the threat of violence or any other form of punishment or constraint. The report also referred to fraudulent practices engaged in by Bantus to make the indigenous population accept fictitious debts, so as to keep them under their power to carry out work.

The Committee further noted that the United Nations Special Rapporteur, in his report of 11 July 2011 on the rights of indigenous peoples, confirmed the existence of these practices. The report points out that “inequitable social arrangements between the Bantu majority and the indigenous peoples manifest themselves as relations of domination and exploitation, in many instances amounting to forms of serfdom or involuntary servitude”. The Committee noted that the Special Rapporteur also refers to the National Action Plan on the improvement of the quality of life of indigenous peoples 2009–13, which contains five areas of priority action (A/HRC/18/39/Add.5). The Committee hopes that the Government will send information as soon as possible on the steps taken to ensure the implementation of Act No. 5-2011 and that, accordingly, this is widely publicized among the general public and among persons holding posts of responsibility in this field, particularly the competent authorities (prosecutors, magistrates and police officers). The Committee also requests the Government to provide information on the measures taken in practice to implement the National Action Plan on the improvement of the quality of life of indigenous peoples 2009–13. The Committee further requests the Government to take the appropriate steps to ensure that victims receive the necessary protection to enable them to have recourse to the competent authorities. The Committee requests the Government to ensure that, in accordance with Article 25 of the Convention, those who impose forced labour on indigenous peoples are prosecuted and that sufficiently effective and dissuasive penalties are actually imposed on them.

Article 2(2)(c). Work exacted as the result of a conviction in a court of law. 1. The Committee notes that, according to section 16 of Order No. 0192 of 23 January 1979 concerning the internal regulations of prisons, convicted prisoners are obliged to work. It also notes that detainees are put to work outside the prison and that, in particular, convicted men may be subject to a hiring out of labour (section 21). The Committee requests the Government to clarify whether prisoners are hired out to work for individuals, enterprises or associations and, if so, to indicate the conditions which govern their work for private entities.

2. In its previous comments the Committee noted that, according to section 7 of Decree No. 99-86 of 19 May 1999 concerning the work and organization of the Directorate-General for prison administration, the directorate for the enforcement of sentences is responsible for organizing work in the public interest and the procedures for the enforcement of alternative penalties. The Committee again requests the Government to indicate in its next report whether the courts have already issued sentences involving work in the public interest and, if so, to indicate the legislative or regulatory provisions governing the conditions under which such sentences could be imposed and also the conditions for their enforcement. The Government is also requested to send a copy of the relevant texts.

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

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2021, 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

Article 2(2)(a) of the Convention. 1. Work exacted under compulsory military service laws. For many years the Committee has been drawing the Government’s attention to the fact that section 1 of Act No. 16 of 27 August 1981 establishing compulsory military service is not in conformity with the Convention. Under this provision, national service is instituted for the purpose of enabling every citizen to participate in the defence and construction of the nation and has two components: military service and civic service. The Committee has repeatedly emphasized that work exacted from recruits as part of compulsory national service, including work related to national development, is not purely military in nature and is therefore contrary to Article 2(2)(a) of the Convention.

The Committee notes that the Government once again indicates that it is committed to repealing the abovementioned Act and this will be seen in practice in the revision of the Labour Code, which is in progress. The Committee again expresses the strong hope that when the Labour Code is revised, the necessary steps will be taken to amend or repeal the Act establishing compulsory military service so as to bring the legislation into conformity with the Convention. The Government is requested to supply information on any progress made in this respect.

2. Youth brigades and workshops. In its previous comments the Committee noted the Government’s indication that Act No. 31-80 of 16 December 1980 on guidance for youth had fallen into disuse since 1991. Under this Act, the party and mass organizations were supposed to create, over time, all the conditions for establishing youth brigades and organizing youth workshops (type of tasks performed, number of persons involved, duration and conditions of their participation, etc.). The Committee once again notes the Government’s indication that it is committed to repealing the abovementioned Act and this will be seen in practice in the revision of the Labour Code, which is in progress. The Committee expresses the strong hope that when the Labour Code is revised, the necessary steps will be taken to formally repeal Act No. 31-80 of 16 December 1980 on guidance for youth.

Article 2(2)(d). Requisitioning of persons to perform community work in instances other than emergencies. For many years the Committee has been drawing the Government’s attention to the fact that Act No. 24-60 of 11 May 1960 is not in conformity with the Convention in that it allows the requisitioning of persons to perform community work in instances other than the emergencies provided for under Article 2(2)(d) of the Convention, and provides that persons requisitioned who refuse to work are liable to imprisonment ranging from one month to one year.

The Committee again notes the Government’s indication that this Act has fallen into disuse and may be considered as repealed, in view of the fact that the Labour Code (section 4) and the Constitution (article 26), which prohibit forced labour, annul all the provisions of national law which are contrary to them. The Government explains that, in order to avoid any legal ambiguity, a text will be adopted enabling a clear distinction to be made between work of public interest and the forced labour prohibited by the Labour Code and the Constitution. The Government also indicates that the practice of mobilizing sections of the population for community work, on the basis of the provisions of section 35 of the statutes of the Congolese Labour Party (PCT), no longer exists. Tasks such as weeding and clean-up work are carried out by associations, state employees and local communities on a voluntary basis, therefore without any compulsion involved. Moreover, the voluntary nature of work for the community will be established in the revision of the Labour Code in such a way as to clearly bring the national legislation into conformity with the provisions of the Convention. The Committee notes this information and hopes that appropriate measures will be taken to clarify the situation in both law and practice, especially by the adoption of a text enabling a distinction to be made between work in the public interest and forced labour.

The Committee expects that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

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 2020, 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

Articles 1(2) and 2(1) of the Convention. Exploitation of the labour of indigenous populations. For a number of years the Committee has been asking the Government to supply information on the measures taken to ensure that the indigenous populations are not subjected to work to which they have not consented or are unable to give proper consent. The Committee notes with regret that no information has been sent on this matter.

In its previous comments, the Committee noted the adoption of Act No. 5-2011 concerning the promotion and protection of the rights of indigenous populations. This Act contains provisions concerning consultation mechanisms, civil and political rights, cultural rights, the right to education, the right to work, and property and environment rights. The Committee noted in particular the provisions of section 29 of the Act, which guarantee the protection of the indigenous populations against forced labour, all forms of slavery and also debt bondage, and states that any person committing such offences shall be liable to imprisonment ranging from two to 30 years. Provision is also made for reparation of the damage caused.

The Committee also took note of the report of the Congolese Human Rights Observatory (OCDH) entitled “Indigenous Peoples of the Republic of the Congo: Discrimination and Slavery”, which was published in November 2011. The Committee noted that, according to this report, field visits confirmed the existence of slavery, practices similar to slavery and forced labour, all of which are intrinsically linked to discrimination; it also found that “master–slave” relations still prevail among the indigenous populations. Moreover, the report emphasized that the most widespread practice was that of forced labour, in which a person is forced to work against his or her will, under the threat of violence or any other form of punishment or constraint. The report also referred to fraudulent practices engaged in by Bantus to make the indigenous population accept fictitious debts, so as to keep them under their power to carry out work.

The Committee further noted that the United Nations Special Rapporteur, in his report of 11 July 2011 on the rights of indigenous peoples, confirmed the existence of these practices. The report points out that “inequitable social arrangements between the Bantu majority and the indigenous peoples manifest themselves as relations of domination and exploitation, in many instances amounting to forms of serfdom or involuntary servitude”. The Committee noted that the Special Rapporteur also refers to the National Action Plan on the improvement of the quality of life of indigenous peoples 2009–13, which contains five areas of priority action (A/HRC/18/39/Add.5). The Committee hopes that the Government will send information as soon as possible on the steps taken to ensure the implementation of Act No. 5-2011 and that, accordingly, this is widely publicized among the general public and among persons holding posts of responsibility in this field, particularly the competent authorities (prosecutors, magistrates and police officers). The Committee also requests the Government to provide information on the measures taken in practice to implement the National Action Plan on the improvement of the quality of life of indigenous peoples 2009–13. The Committee further requests the Government to take the appropriate steps to ensure that victims receive the necessary protection to enable them to have recourse to the competent authorities. The Committee requests the Government to ensure that, in accordance with Article 25 of the Convention, those who impose forced labour on indigenous peoples are prosecuted and that sufficiently effective and dissuasive penalties are actually imposed on them.

Article 2(2)(c). Work exacted as the result of a conviction in a court of law. 1. The Committee notes that, according to section 16 of Order No. 0192 of 23 January 1979 concerning the internal regulations of prisons, convicted prisoners are obliged to work. It also notes that detainees are put to work outside the prison and that, in particular, convicted men may be subject to a hiring out of labour (section 21). The Committee requests the Government to clarify whether prisoners are hired out to work for individuals, enterprises or associations and, if so, to indicate the conditions which govern their work for private entities.

2. In its previous comments the Committee noted that, according to section 7 of Decree No. 99-86 of 19 May 1999 concerning the work and organization of the Directorate-General for prison administration, the directorate for the enforcement of sentences is responsible for organizing work in the public interest and the procedures for the enforcement of alternative penalties. The Committee again requests the Government to indicate in its next report whether the courts have already issued sentences involving work in the public interest and, if so, to indicate the legislative or regulatory provisions governing the conditions under which such sentences could be imposed and also the conditions for their enforcement. The Government is also requested to send a copy of the relevant texts.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, 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

Article 2(2)(a) of the Convention. 1. Work exacted under compulsory military service laws. For many years the Committee has been drawing the Government’s attention to the fact that section 1 of Act No. 16 of 27 August 1981 establishing compulsory military service is not in conformity with the Convention. Under this provision, national service is instituted for the purpose of enabling every citizen to participate in the defence and construction of the nation and has two components: military service and civic service. The Committee has repeatedly emphasized that work exacted from recruits as part of compulsory national service, including work related to national development, is not purely military in nature and is therefore contrary to Article 2(2)(a) of the Convention.

The Committee notes that the Government once again indicates that it is committed to repealing the abovementioned Act and this will be seen in practice in the revision of the Labour Code, which is in progress. The Committee again expresses the strong hope that when the Labour Code is revised, the necessary steps will be taken to amend or repeal the Act establishing compulsory military service so as to bring the legislation into conformity with the Convention. The Government is requested to supply information on any progress made in this respect.

2. Youth brigades and workshops. In its previous comments the Committee noted the Government’s indication that Act No. 31-80 of 16 December 1980 on guidance for youth had fallen into disuse since 1991. Under this Act, the party and mass organizations were supposed to create, over time, all the conditions for establishing youth brigades and organizing youth workshops (type of tasks performed, number of persons involved, duration and conditions of their participation, etc.). The Committee once again notes the Government’s indication that it is committed to repealing the abovementioned Act and this will be seen in practice in the revision of the Labour Code, which is in progress. The Committee expresses the strong hope that when the Labour Code is revised, the necessary steps will be taken to formally repeal Act No. 31-80 of 16 December 1980 on guidance for youth.

Article 2(2)(d). Requisitioning of persons to perform community work in instances other than emergencies. For many years the Committee has been drawing the Government’s attention to the fact that Act No. 24-60 of 11 May 1960 is not in conformity with the Convention in that it allows the requisitioning of persons to perform community work in instances other than the emergencies provided for under Article 2(2)(d) of the Convention, and provides that persons requisitioned who refuse to work are liable to imprisonment ranging from one month to one year.

The Committee again notes the Government’s indication that this Act has fallen into disuse and may be considered as repealed, in view of the fact that the Labour Code (section 4) and the Constitution (article 26), which prohibit forced labour, annul all the provisions of national law which are contrary to them. The Government explains that, in order to avoid any legal ambiguity, a text will be adopted enabling a clear distinction to be made between work of public interest and the forced labour prohibited by the Labour Code and the Constitution. The Government also indicates that the practice of mobilizing sections of the population for community work, on the basis of the provisions of section 35 of the statutes of the Congolese Labour Party (PCT), no longer exists. Tasks such as weeding and clean-up work are carried out by associations, state employees and local communities on a voluntary basis, therefore without any compulsion involved. Moreover, the voluntary nature of work for the community will be established in the revision of the Labour Code in such a way as to clearly bring the national legislation into conformity with the provisions of the Convention. The Committee notes this information and hopes that appropriate measures will be taken to clarify the situation in both law and practice, especially by the adoption of a text enabling a distinction to be made between work in the public interest and forced labour.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee expects that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes with deep concern 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 initially made in 2012.

Repetition

Articles 1(2) and 2(1) of the Convention. Exploitation of the labour of indigenous populations. For a number of years the Committee has been asking the Government to supply information on the measures taken to ensure that the indigenous populations are not subjected to work to which they have not consented or are unable to give proper consent. The Committee notes with regret that no information has been sent on this matter.

In its previous comments, the Committee noted the adoption of Act No. 5-2011 concerning the promotion and protection of the rights of indigenous populations. This Act contains provisions concerning consultation mechanisms, civil and political rights, cultural rights, the right to education, the right to work, and property and environment rights. The Committee noted in particular the provisions of section 29 of the Act, which guarantee the protection of the indigenous populations against forced labour, all forms of slavery and also debt bondage, and states that any person committing such offences shall be liable to imprisonment ranging from two to 30 years. Provision is also made for reparation of the damage caused.

The Committee also took note of the report of the Congolese Human Rights Observatory (OCDH) entitled “Indigenous Peoples of the Republic of the Congo: Discrimination and Slavery”, which was published in November 2011. The Committee noted that, according to this report, field visits confirmed the existence of slavery, practices similar to slavery and forced labour, all of which are intrinsically linked to discrimination; it also found that “master–slave” relations still prevail among the indigenous populations. Moreover, the report emphasized that the most widespread practice was that of forced labour, in which a person is forced to work against his or her will, under the threat of violence or any other form of punishment or constraint. The report also referred to fraudulent practices engaged in by Bantus to make the indigenous population accept fictitious debts, so as to keep them under their power to carry out work.

The Committee further noted that the United Nations Special Rapporteur, in his report of 11 July 2011 on the rights of indigenous peoples, confirmed the existence of these practices. The report points out that “inequitable social arrangements between the Bantu majority and the indigenous peoples manifest themselves as relations of domination and exploitation, in many instances amounting to forms of serfdom or involuntary servitude”. The Committee noted that the Special Rapporteur also refers to the National Action Plan on the improvement of the quality of life of indigenous peoples 2009–13, which contains five areas of priority action (A/HRC/18/39/Add.5). The Committee hopes that the Government will send information as soon as possible on the steps taken to ensure the implementation of Act No. 5-2011 and that, accordingly, this is widely publicized among the general public and among persons holding posts of responsibility in this field, particularly the competent authorities (prosecutors, magistrates and police officers). The Committee also requests the Government to provide information on the measures taken in practice to implement the National Action Plan on the improvement of the quality of life of indigenous peoples 2009–13. The Committee further requests the Government to take the appropriate steps to ensure that victims receive the necessary protection to enable them to have recourse to the competent authorities. The Committee requests the Government to ensure that, in accordance with Article 25 of the Convention, those who impose forced labour on indigenous peoples are prosecuted and that sufficiently effective and dissuasive penalties are actually imposed on them.

Article 2(2)(c). Work exacted as the result of a conviction in a court of law. 1. The Committee notes that, according to section 16 of Order No. 0192 of 23 January 1979 concerning the internal regulations of prisons, convicted prisoners are obliged to work. It also notes that detainees are put to work outside the prison and that, in particular, convicted men may be subject to a hiring out of labour (section 21). The Committee requests the Government to clarify whether prisoners are hired out to work for individuals, enterprises or associations and, if so, to indicate the conditions which govern their work for private entities.

2. In its previous comments the Committee noted that, according to section 7 of Decree No. 99-86 of 19 May 1999 concerning the work and organization of the Directorate-General for prison administration, the directorate for the enforcement of sentences is responsible for organizing work in the public interest and the procedures for the enforcement of alternative penalties. The Committee again requests the Government to indicate in its next report whether the courts have already issued sentences involving work in the public interest and, if so, to indicate the legislative or regulatory provisions governing the conditions under which such sentences could be imposed and also the conditions for their enforcement. The Government is also requested to send a copy of the relevant texts.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2012.

Repetition

Article 2(2)(a) of the Convention. 1. Work exacted under compulsory military service laws. For many years the Committee has been drawing the Government’s attention to the fact that section 1 of Act No. 16 of 27 August 1981 establishing compulsory military service is not in conformity with the Convention. Under this provision, national service is instituted for the purpose of enabling every citizen to participate in the defence and construction of the nation and has two components: military service and civic service. The Committee has repeatedly emphasized that work exacted from recruits as part of compulsory national service, including work related to national development, is not purely military in nature and is therefore contrary to Article 2(2)(a) of the Convention.

The Committee notes that the Government once again indicates that it is committed to repealing the abovementioned Act and this will be seen in practice in the revision of the Labour Code, which is in progress. The Committee again expresses the strong hope that when the Labour Code is revised, the necessary steps will be taken to amend or repeal the Act establishing compulsory military service so as to bring the legislation into conformity with the Convention. The Government is requested to supply information on any progress made in this respect.

2. Youth brigades and workshops. In its previous comments the Committee noted the Government’s indication that Act No. 31-80 of 16 December 1980 on guidance for youth had fallen into disuse since 1991. Under this Act, the party and mass organizations were supposed to create, over time, all the conditions for establishing youth brigades and organizing youth workshops (type of tasks performed, number of persons involved, duration and conditions of their participation, etc.). The Committee once again notes the Government’s indication that it is committed to repealing the abovementioned Act and this will be seen in practice in the revision of the Labour Code, which is in progress. The Committee expresses the strong hope that when the Labour Code is revised, the necessary steps will be taken to formally repeal Act No. 31-80 of 16 December 1980 on guidance for youth.

Article 2(2)(d). Requisitioning of persons to perform community work in instances other than emergencies. For many years the Committee has been drawing the Government’s attention to the fact that Act No. 24-60 of 11 May 1960 is not in conformity with the Convention in that it allows the requisitioning of persons to perform community work in instances other than the emergencies provided for under Article 2(2)(d) of the Convention, and provides that persons requisitioned who refuse to work are liable to imprisonment ranging from one month to one year.

The Committee again notes the Government’s indication that this Act has fallen into disuse and may be considered as repealed, in view of the fact that the Labour Code (section 4) and the Constitution (article 26), which prohibit forced labour, annul all the provisions of national law which are contrary to them. The Government explains that, in order to avoid any legal ambiguity, a text will be adopted enabling a clear distinction to be made between work of public interest and the forced labour prohibited by the Labour Code and the Constitution. The Government also indicates that the practice of mobilizing sections of the population for community work, on the basis of the provisions of section 35 of the statutes of the Congolese Labour Party (PCT), no longer exists. Tasks such as weeding and clean-up work are carried out by associations, state employees and local communities on a voluntary basis, therefore without any compulsion involved. Moreover, the voluntary nature of work for the community will be established in the revision of the Labour Code in such a way as to clearly bring the national legislation into conformity with the provisions of the Convention. The Committee notes this information and hopes that appropriate measures will be taken to clarify the situation in both law and practice, especially by the adoption of a text enabling a distinction to be made between work in the public interest and forced labour.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee expects that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes with 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 initially made in 2012. The Committee also notes that the Government has been requested to provide information to the Committee on the Application of Standards at the 106th Session of the International Labour Conference for failure to supply reports and information on the application of ratified Conventions.

Repetition

Articles 1(2) and 2(1) of the Convention. Exploitation of the labour of indigenous populations. For a number of years the Committee has been asking the Government to supply information on the measures taken to ensure that the indigenous populations are not subjected to work to which they have not consented or are unable to give proper consent. The Committee notes with regret that no information has been sent on this matter.

In its previous comments, the Committee noted the adoption of Act No. 5-2011 concerning the promotion and protection of the rights of indigenous populations. This Act contains provisions concerning consultation mechanisms, civil and political rights, cultural rights, the right to education, the right to work, and property and environment rights. The Committee noted in particular the provisions of section 29 of the Act, which guarantee the protection of the indigenous populations against forced labour, all forms of slavery and also debt bondage, and states that any person committing such offences shall be liable to imprisonment ranging from two to 30 years. Provision is also made for reparation of the damage caused.

The Committee also took note of the report of the Congolese Human Rights Observatory (OCDH) entitled “Indigenous Peoples of the Republic of the Congo: Discrimination and Slavery”, which was published in November 2011. The Committee noted that, according to this report, field visits confirmed the existence of slavery, practices similar to slavery and forced labour, all of which are intrinsically linked to discrimination; it also found that “master–slave” relations still prevail among the indigenous populations. Moreover, the report emphasized that the most widespread practice was that of forced labour, in which a person is forced to work against his or her will, under the threat of violence or any other form of punishment or constraint. The report also referred to fraudulent practices engaged in by Bantus to make the indigenous population accept fictitious debts, so as to keep them under their power to carry out work.

The Committee further noted that the United Nations Special Rapporteur, in his report of 11 July 2011 on the rights of indigenous peoples, confirmed the existence of these practices. The report points out that “inequitable social arrangements between the Bantu majority and the indigenous peoples manifest themselves as relations of domination and exploitation, in many instances amounting to forms of serfdom or involuntary servitude”. The Committee noted that the Special Rapporteur also refers to the National Action Plan on the improvement of the quality of life of indigenous peoples 2009–13, which contains five areas of priority action (A/HRC/18/39/Add.5). The Committee hopes that the Government will send information as soon as possible on the steps taken to ensure the implementation of Act No. 5-2011 and that, accordingly, this is widely publicized among the general public and among persons holding posts of responsibility in this field, particularly the competent authorities (prosecutors, magistrates and police officers). The Committee also requests the Government to provide information on the measures taken in practice to implement the National Action Plan on the improvement of the quality of life of indigenous peoples 2009–13. The Committee further requests the Government to take the appropriate steps to ensure that victims receive the necessary protection to enable them to have recourse to the competent authorities. The Committee requests the Government to ensure that, in accordance with Article 25 of the Convention, those who impose forced labour on indigenous peoples are prosecuted and that sufficiently effective and dissuasive penalties are actually imposed on them.

Article 2(2)(c). Work exacted as the result of a conviction in a court of law. 1. The Committee notes that, according to section 16 of Order No. 0192 of 23 January 1979 concerning the internal regulations of prisons, convicted prisoners are obliged to work. It also notes that detainees are put to work outside the prison and that, in particular, convicted men may be subject to a hiring out of labour (section 21). The Committee requests the Government to clarify whether prisoners are hired out to work for individuals, enterprises or associations and, if so, to indicate the conditions which govern their work for private entities.

2. In its previous comments the Committee noted that, according to section 7 of Decree No. 99-86 of 19 May 1999 concerning the work and organization of the Directorate-General for prison administration, the directorate for the enforcement of sentences is responsible for organizing work in the public interest and the procedures for the enforcement of alternative penalties. The Committee again requests the Government to indicate in its next report whether the courts have already issued sentences involving work in the public interest and, if so, to indicate the legislative or regulatory provisions governing the conditions under which such sentences could be imposed and also the conditions for their enforcement. The Government is also requested to send a copy of the relevant texts.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2012. The Committee also notes that the Government has been requested to provide information to the Committee on the Application of Standards at the 106th Session of the International Labour Conference for failure to supply reports and information on the application of ratified Conventions.

Repetition

Article 2(2)(a) of the Convention. 1. Work exacted under compulsory military service laws. For many years the Committee has been drawing the Government’s attention to the fact that section 1 of Act No. 16 of 27 August 1981 establishing compulsory military service is not in conformity with the Convention. Under this provision, national service is instituted for the purpose of enabling every citizen to participate in the defence and construction of the nation and has two components: military service and civic service. The Committee has repeatedly emphasized that work exacted from recruits as part of compulsory national service, including work related to national development, is not purely military in nature and is therefore contrary to Article 2(2)(a) of the Convention.

The Committee notes that the Government once again indicates that it is committed to repealing the abovementioned Act and this will be seen in practice in the revision of the Labour Code, which is in progress. The Committee again expresses the strong hope that when the Labour Code is revised, the necessary steps will be taken to amend or repeal the Act establishing compulsory military service so as to bring the legislation into conformity with the Convention. The Government is requested to supply information on any progress made in this respect.

2. Youth brigades and workshops. In its previous comments the Committee noted the Government’s indication that Act No. 31-80 of 16 December 1980 on guidance for youth had fallen into disuse since 1991. Under this Act, the party and mass organizations were supposed to create, over time, all the conditions for establishing youth brigades and organizing youth workshops (type of tasks performed, number of persons involved, duration and conditions of their participation, etc.). The Committee once again notes the Government’s indication that it is committed to repealing the abovementioned Act and this will be seen in practice in the revision of the Labour Code, which is in progress. The Committee expresses the strong hope that when the Labour Code is revised, the necessary steps will be taken to formally repeal Act No. 31-80 of 16 December 1980 on guidance for youth.

Article 2(2)(d). Requisitioning of persons to perform community work in instances other than emergencies. For many years the Committee has been drawing the Government’s attention to the fact that Act No. 24-60 of 11 May 1960 is not in conformity with the Convention in that it allows the requisitioning of persons to perform community work in instances other than the emergencies provided for under Article 2(2)(d) of the Convention, and provides that persons requisitioned who refuse to work are liable to imprisonment ranging from one month to one year.

The Committee again notes the Government’s indication that this Act has fallen into disuse and may be considered as repealed, in view of the fact that the Labour Code (section 4) and the Constitution (article 26), which prohibit forced labour, annul all the provisions of national law which are contrary to them. The Government explains that, in order to avoid any legal ambiguity, a text will be adopted enabling a clear distinction to be made between work of public interest and the forced labour prohibited by the Labour Code and the Constitution. The Government also indicates that the practice of mobilizing sections of the population for community work, on the basis of the provisions of section 35 of the statutes of the Congolese Labour Party (PCT), no longer exists. Tasks such as weeding and clean-up work are carried out by associations, state employees and local communities on a voluntary basis, therefore without any compulsion involved. Moreover, the voluntary nature of work for the community will be established in the revision of the Labour Code in such a way as to clearly bring the national legislation into conformity with the provisions of the Convention. The Committee notes this information and hopes that appropriate measures will be taken to clarify the situation in both law and practice, especially by the adoption of a text enabling a distinction to be made between work in the public interest and forced labour.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee expects that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

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

Articles 1(2) and 2(1) of the Convention. Exploitation of the labour of indigenous populations. For a number of years the Committee has been asking the Government to supply information on the measures taken to ensure that the indigenous populations are not subjected to work to which they have not consented or are unable to give proper consent. The Committee notes with regret that no information has been sent on this matter.

In its previous comments, the Committee noted the adoption of Act No. 5-2011 concerning the promotion and protection of the rights of indigenous populations. This Act contains provisions concerning consultation mechanisms, civil and political rights, cultural rights, the right to education, the right to work, and property and environment rights. The Committee noted in particular the provisions of section 29 of the Act, which guarantee the protection of the indigenous populations against forced labour, all forms of slavery and also debt bondage, and states that any person committing such offences shall be liable to imprisonment ranging from two to 30 years. Provision is also made for reparation of the damage caused.

The Committee also took note of the report of the Congolese Human Rights Observatory (OCDH) entitled “Indigenous Peoples of the Republic of the Congo: Discrimination and Slavery”, which was published in November 2011. The Committee noted that, according to this report, field visits confirmed the existence of slavery, practices similar to slavery and forced labour, all of which are intrinsically linked to discrimination; it also found that “master–slave” relations still prevail among the indigenous populations. Moreover, the report emphasized that the most widespread practice was that of forced labour, in which a person is forced to work against his or her will, under the threat of violence or any other form of punishment or constraint. The report also referred to fraudulent practices engaged in by Bantus to make the indigenous population accept fictitious debts, so as to keep them under their power to carry out work.

The Committee further noted that the United Nations Special Rapporteur, in his report of 11 July 2011 on the rights of indigenous peoples, confirmed the existence of these practices. The report points out that “inequitable social arrangements between the Bantu majority and the indigenous peoples manifest themselves as relations of domination and exploitation, in many instances amounting to forms of serfdom or involuntary servitude”. The Committee noted that the Special Rapporteur also refers to the National Action Plan on the improvement of the quality of life of indigenous peoples 2009–13, which contains five areas of priority action (A/HRC/18/39/Add.5). The Committee hopes that the Government will send information as soon as possible on the steps taken to ensure the implementation of Act No. 5-2011 and that, accordingly, this is widely publicized among the general public and among persons holding posts of responsibility in this field, particularly the competent authorities (prosecutors, magistrates and police officers). The Committee also requests the Government to provide information on the measures taken in practice to implement the National Action Plan on the improvement of the quality of life of indigenous peoples 2009–13. The Committee further requests the Government to take the appropriate steps to ensure that victims receive the necessary protection to enable them to have recourse to the competent authorities. The Committee requests the Government to ensure that, in accordance with Article 25 of the Convention, those who impose forced labour on indigenous peoples are prosecuted and that sufficiently effective and dissuasive penalties are actually imposed on them.

Article 2(2)(c). Work exacted as the result of a conviction in a court of law. 1. The Committee notes that, according to section 16 of Order No. 0192 of 23 January 1979 concerning the internal regulations of prisons, convicted prisoners are obliged to work. It also notes that detainees are put to work outside the prison and that, in particular, convicted men may be subject to a hiring out of labour (section 21). The Committee requests the Government to clarify whether prisoners are hired out to work for individuals, enterprises or associations and, if so, to indicate the conditions which govern their work for private entities.

2. In its previous comments the Committee noted that, according to section 7 of Decree No. 99-86 of 19 May 1999 concerning the work and organization of the Directorate-General for prison administration, the directorate for the enforcement of sentences is responsible for organizing work in the public interest and the procedures for the enforcement of alternative penalties. The Committee again requests the Government to indicate in its next report whether the courts have already issued sentences involving work in the public interest and, if so, to indicate the legislative or regulatory provisions governing the conditions under which such sentences could be imposed and also the conditions for their enforcement. The Government is also requested to send a copy of the relevant texts.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes with regret that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 2(2)(a) of the Convention. 1. Work exacted under compulsory military service laws. For many years the Committee has been drawing the Government’s attention to the fact that section 1 of Act No. 16 of 27 August 1981 establishing compulsory military service is not in conformity with the Convention. Under this provision, national service is instituted for the purpose of enabling every citizen to participate in the defence and construction of the nation and has two components: military service and civic service. The Committee has repeatedly emphasized that work exacted from recruits as part of compulsory national service, including work related to national development, is not purely military in nature and is therefore contrary to Article 2(2)(a) of the Convention.

The Committee notes that the Government once again indicates that it is committed to repealing the abovementioned Act and this will be seen in practice in the revision of the Labour Code, which is in progress. The Committee again expresses the strong hope that when the Labour Code is revised, the necessary steps will be taken to amend or repeal the Act establishing compulsory military service so as to bring the legislation into conformity with the Convention. The Government is requested to supply information on any progress made in this respect.

2. Youth brigades and workshops. In its previous comments the Committee noted the Government’s indication that Act No. 31-80 of 16 December 1980 on guidance for youth had fallen into disuse since 1991. Under this Act, the party and mass organizations were supposed to create, over time, all the conditions for establishing youth brigades and organizing youth workshops (type of tasks performed, number of persons involved, duration and conditions of their participation, etc.). The Committee once again notes the Government’s indication that it is committed to repealing the abovementioned Act and this will be seen in practice in the revision of the Labour Code, which is in progress. The Committee expresses the strong hope that when the Labour Code is revised, the necessary steps will be taken to formally repeal Act No. 31-80 of 16 December 1980 on guidance for youth.

Article 2(2)(d). Requisitioning of persons to perform community work in instances other than emergencies. For many years the Committee has been drawing the Government’s attention to the fact that Act No. 24-60 of 11 May 1960 is not in conformity with the Convention in that it allows the requisitioning of persons to perform community work in instances other than the emergencies provided for under Article 2(2)(d) of the Convention, and provides that persons requisitioned who refuse to work are liable to imprisonment ranging from one month to one year.

The Committee again notes the Government’s indication that this Act has fallen into disuse and may be considered as repealed, in view of the fact that the Labour Code (section 4) and the Constitution (article 26), which prohibit forced labour, annul all the provisions of national law which are contrary to them. The Government explains that, in order to avoid any legal ambiguity, a text will be adopted enabling a clear distinction to be made between work of public interest and the forced labour prohibited by the Labour Code and the Constitution. The Government also indicates that the practice of mobilizing sections of the population for community work, on the basis of the provisions of section 35 of the statutes of the Congolese Labour Party (PCT), no longer exists. Tasks such as weeding and clean-up work are carried out by associations, state employees and local communities on a voluntary basis, therefore without any compulsion involved. Moreover, the voluntary nature of work for the community will be established in the revision of the Labour Code in such a way as to clearly bring the national legislation into conformity with the provisions of the Convention. The Committee notes this information and hopes that appropriate measures will be taken to clarify the situation in both law and practice, especially by the adoption of a text enabling a distinction to be made between work in the public interest and forced labour.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

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

Articles 1(2) and 2(1) of the Convention. Exploitation of the labour of indigenous populations. For a number of years the Committee has been asking the Government to supply information on the measures taken to ensure that the indigenous populations are not subjected to work to which they have not consented or are unable to give proper consent. The Committee notes with regret that no information has been sent on this matter.

In its previous comments, the Committee noted the adoption of Act No. 5-2011 concerning the promotion and protection of the rights of indigenous populations. This Act contains provisions concerning consultation mechanisms, civil and political rights, cultural rights, the right to education, the right to work, and property and environment rights. The Committee noted in particular the provisions of section 29 of the Act, which guarantee the protection of the indigenous populations against forced labour, all forms of slavery and also debt bondage, and states that any person committing such offences shall be liable to imprisonment ranging from two to 30 years. Provision is also made for reparation of the damage caused.

The Committee also took note of the report of the Congolese Human Rights Observatory (OCDH) entitled “Indigenous Peoples of the Republic of the Congo: Discrimination and Slavery”, which was published in November 2011. The Committee noted that, according to this report, field visits confirmed the existence of slavery, practices similar to slavery and forced labour, all of which are intrinsically linked to discrimination; it also found that “master–slave” relations still prevail among the indigenous populations. Moreover, the report emphasized that the most widespread practice was that of forced labour, in which a person is forced to work against his or her will, under the threat of violence or any other form of punishment or constraint. The report also referred to fraudulent practices engaged in by Bantus to make the indigenous population accept fictitious debts, so as to keep them under their power to carry out work.

The Committee further noted that the United Nations Special Rapporteur, in his report of 11 July 2011 on the rights of indigenous peoples, confirmed the existence of these practices. The report points out that “inequitable social arrangements between the Bantu majority and the indigenous peoples manifest themselves as relations of domination and exploitation, in many instances amounting to forms of serfdom or involuntary servitude”. The Committee noted that the Special Rapporteur also refers to the National Action Plan on the improvement of the quality of life of indigenous peoples 2009–13, which contains five areas of priority action (A/HRC/18/39/Add.5). The Committee hopes that the Government will send information as soon as possible on the steps taken to ensure the implementation of Act No. 5-2011 and that, accordingly, this is widely publicized among the general public and among persons holding posts of responsibility in this field, particularly the competent authorities (prosecutors, magistrates and police officers). The Committee also requests the Government to provide information on the measures taken in practice to implement the National Action Plan on the improvement of the quality of life of indigenous peoples 2009–13. The Committee further requests the Government to take the appropriate steps to ensure that victims receive the necessary protection to enable them to have recourse to the competent authorities. The Committee requests the Government to ensure that, in accordance with Article 25 of the Convention, those who impose forced labour on indigenous peoples are prosecuted and that sufficiently effective and dissuasive penalties are actually imposed on them.

Article 2(2)(c). Work exacted as the result of a conviction in a court of law. 1. The Committee notes that, according to section 16 of Order No. 0192 of 23 January 1979 concerning the internal regulations of prisons, convicted prisoners are obliged to work. It also notes that detainees are put to work outside the prison and that, in particular, convicted men may be subject to a hiring out of labour (section 21). The Committee requests the Government to clarify whether prisoners are hired out to work for individuals, enterprises or associations and, if so, to indicate the conditions which govern their work for private entities.

2. In its previous comments the Committee noted that, according to section 7 of Decree No. 99-86 of 19 May 1999 concerning the work and organization of the Directorate-General for prison administration, the directorate for the enforcement of sentences is responsible for organizing work in the public interest and the procedures for the enforcement of alternative penalties. The Committee again requests the Government to indicate in its next report whether the courts have already issued sentences involving work in the public interest and, if so, to indicate the legislative or regulatory provisions governing the conditions under which such sentences could be imposed and also the conditions for their enforcement. The Government is also requested to send a copy of the relevant texts.

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

The Committee notes with regret that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 2(2)(a) of the Convention. 1. Work exacted under compulsory military service laws. For many years the Committee has been drawing the Government’s attention to the fact that section 1 of Act No. 16 of 27 August 1981 establishing compulsory military service is not in conformity with the Convention. Under this provision, national service is instituted for the purpose of enabling every citizen to participate in the defence and construction of the nation and has two components: military service and civic service. The Committee has repeatedly emphasized that work exacted from recruits as part of compulsory national service, including work related to national development, is not purely military in nature and is therefore contrary to Article 2(2)(a) of the Convention.

The Committee notes that the Government once again indicates that it is committed to repealing the abovementioned Act and this will be seen in practice in the revision of the Labour Code, which is in progress. The Committee again expresses the strong hope that when the Labour Code is revised, the necessary steps will be taken to amend or repeal the Act establishing compulsory military service so as to bring the legislation into conformity with the Convention. The Government is requested to supply information on any progress made in this respect.

2. Youth brigades and workshops. In its previous comments the Committee noted the Government’s indication that Act No. 31-80 of 16 December 1980 on guidance for youth had fallen into disuse since 1991. Under this Act, the party and mass organizations were supposed to create, over time, all the conditions for establishing youth brigades and organizing youth workshops (type of tasks performed, number of persons involved, duration and conditions of their participation, etc.). The Committee once again notes the Government’s indication that it is committed to repealing the abovementioned Act and this will be seen in practice in the revision of the Labour Code, which is in progress. The Committee expresses the strong hope that when the Labour Code is revised, the necessary steps will be taken to formally repeal Act No. 31-80 of 16 December 1980 on guidance for youth.

Article 2(2)(d). Requisitioning of persons to perform community work in instances other than emergencies. For many years the Committee has been drawing the Government’s attention to the fact that Act No. 24-60 of 11 May 1960 is not in conformity with the Convention in that it allows the requisitioning of persons to perform community work in instances other than the emergencies provided for under Article 2(2)(d) of the Convention, and provides that persons requisitioned who refuse to work are liable to imprisonment ranging from one month to one year.

The Committee again notes the Government’s indication that this Act has fallen into disuse and may be considered as repealed, in view of the fact that the Labour Code (section 4) and the Constitution (article 26), which prohibit forced labour, annul all the provisions of national law which are contrary to them. The Government explains that, in order to avoid any legal ambiguity, a text will be adopted enabling a clear distinction to be made between work of public interest and the forced labour prohibited by the Labour Code and the Constitution. The Government also indicates that the practice of mobilizing sections of the population for community work, on the basis of the provisions of section 35 of the statutes of the Congolese Labour Party (PCT), no longer exists. Tasks such as weeding and clean-up work are carried out by associations, state employees and local communities on a voluntary basis, therefore without any compulsion involved. Moreover, the voluntary nature of work for the community will be established in the revision of the Labour Code in such a way as to clearly bring the national legislation into conformity with the provisions of the Convention. The Committee notes this information and hopes that appropriate measures will be taken to clarify the situation in both law and practice, especially by the adoption of a text enabling a distinction to be made between work in the public interest and forced labour.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes 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 matters raised in its previous comments.

Repetition

Articles 1(2) and 2(1) of the Convention. Exploitation of the labour of indigenous populations. For a number of years the Committee has been asking the Government to supply information on the measures taken to ensure that the indigenous populations are not subjected to work to which they have not consented or are unable to give proper consent. The Committee notes with regret that no information has been sent on this matter.

In its previous comments, the Committee noted the adoption of Act No. 5-2011 concerning the promotion and protection of the rights of indigenous populations. This Act contains provisions concerning consultation mechanisms, civil and political rights, cultural rights, the right to education, the right to work, and property and environment rights. The Committee noted in particular the provisions of section 29 of the Act, which guarantee the protection of the indigenous populations against forced labour, all forms of slavery and also debt bondage, and states that any person committing such offences shall be liable to imprisonment ranging from two to 30 years. Provision is also made for reparation of the damage caused.

The Committee also took note of the report of the Congolese Human Rights Observatory (OCDH) entitled “Indigenous Peoples of the Republic of the Congo: Discrimination and Slavery”, which was published in November 2011. The Committee noted that, according to this report, field visits confirmed the existence of slavery, practices similar to slavery and forced labour, all of which are intrinsically linked to discrimination; it also found that “master–slave” relations still prevail among the indigenous populations. Moreover, the report emphasized that the most widespread practice was that of forced labour, in which a person is forced to work against his or her will, under the threat of violence or any other form of punishment or constraint. The report also referred to fraudulent practices engaged in by Bantus to make the indigenous population accept fictitious debts, so as to keep them under their power to carry out work.

The Committee further noted that the United Nations Special Rapporteur, in his report of 11 July 2011 on the rights of indigenous peoples, confirmed the existence of these practices. The report points out that “inequitable social arrangements between the Bantu majority and the indigenous peoples manifest themselves as relations of domination and exploitation, in many instances amounting to forms of serfdom or involuntary servitude”. The Committee noted that the Special Rapporteur also refers to the National Action Plan on the improvement of the quality of life of indigenous peoples 2009–13, which contains five areas of priority action (A/HRC/18/39/Add.5). The Committee hopes that the Government will send information as soon as possible on the steps taken to ensure the implementation of Act No. 5-2011 and that, accordingly, this is widely publicized among the general public and among persons holding posts of responsibility in this field, particularly the competent authorities (prosecutors, magistrates and police officers). The Committee also requests the Government to provide information on the measures taken in practice to implement the National Action Plan on the improvement of the quality of life of indigenous peoples 2009–13. The Committee further requests the Government to take the appropriate steps to ensure that victims receive the necessary protection to enable them to have recourse to the competent authorities. The Committee requests the Government to ensure that, in accordance with Article 25 of the Convention, those who impose forced labour on indigenous peoples are prosecuted and that sufficiently effective and dissuasive penalties are actually imposed on them.

Article 2(2)(c). Work exacted as the result of a conviction in a court of law. 1. The Committee notes that, according to section 16 of Order No. 0192 of 23 January 1979 concerning the internal regulations of prisons, convicted prisoners are obliged to work. It also notes that detainees are put to work outside the prison and that, in particular, convicted men may be subject to a hiring out of labour (section 21). The Committee requests the Government to clarify whether prisoners are hired out to work for individuals, enterprises or associations and, if so, to indicate the conditions which govern their work for private entities.

2. In its previous comments the Committee noted that, according to section 7 of Decree No. 99-86 of 19 May 1999 concerning the work and organization of the Directorate-General for prison administration, the directorate for the enforcement of sentences is responsible for organizing work in the public interest and the procedures for the enforcement of alternative penalties. The Committee again requests the Government to indicate in its next report whether the courts have already issued sentences involving work in the public interest and, if so, to indicate the legislative or regulatory provisions governing the conditions under which such sentences could be imposed and also the conditions for their enforcement. The Government is also requested to send a copy of the relevant texts.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous comments.

Repetition

Article 2(2)(a) of the Convention. 1. Work exacted under compulsory military service laws. For many years the Committee has been drawing the Government’s attention to the fact that section 1 of Act No. 16 of 27 August 1981 establishing compulsory military service is not in conformity with the Convention. Under this provision, national service is instituted for the purpose of enabling every citizen to participate in the defence and construction of the nation and has two components: military service and civic service. The Committee has repeatedly emphasized that work exacted from recruits as part of compulsory national service, including work related to national development, is not purely military in nature and is therefore contrary to Article 2(2)(a) of the Convention.

The Committee notes that the Government once again indicates that it is committed to repealing the abovementioned Act and this will be seen in practice in the revision of the Labour Code, which is in progress. The Committee again expresses the strong hope that when the Labour Code is revised, the necessary steps will be taken to amend or repeal the Act establishing compulsory military service so as to bring the legislation into conformity with the Convention. The Government is requested to supply information on any progress made in this respect.

2. Youth brigades and workshops. In its previous comments the Committee noted the Government’s indication that Act No. 31-80 of 16 December 1980 on guidance for youth had fallen into disuse since 1991. Under this Act, the party and mass organizations were supposed to create, over time, all the conditions for establishing youth brigades and organizing youth workshops (type of tasks performed, number of persons involved, duration and conditions of their participation, etc.).

The Committee once again notes the Government’s indication that it is committed to repealing the abovementioned Act and this will be seen in practice in the revision of the Labour Code, which is in progress. The Committee expresses the strong hope that when the Labour Code is revised, the necessary steps will be taken to formally repeal Act No. 31-80 of 16 December 1980 on guidance for youth.

Article 2(2)(d). Requisitioning of persons to perform community work in instances other than emergencies. For many years the Committee has been drawing the Government’s attention to the fact that Act No. 24-60 of 11 May 1960 is not in conformity with the Convention in that it allows the requisitioning of persons to perform community work in instances other than the emergencies provided for under Article 2(2)(d) of the Convention, and provides that persons requisitioned who refuse to work are liable to imprisonment ranging from one month to one year.

The Committee again notes the Government’s indication that this Act has fallen into disuse and may be considered as repealed, in view of the fact that the Labour Code (section 4) and the Constitution (article 26), which prohibit forced labour, annul all the provisions of national law which are contrary to them. The Government explains that, in order to avoid any legal ambiguity, a text will be adopted enabling a clear distinction to be made between work of public interest and the forced labour prohibited by the Labour Code and the Constitution. The Government also indicates that the practice of mobilizing sections of the population for community work, on the basis of the provisions of section 35 of the statutes of the Congolese Labour Party (PCT), no longer exists. Tasks such as weeding and clean-up work are carried out by associations, state employees and local communities on a voluntary basis, therefore without any compulsion involved. Moreover, the voluntary nature of work for the community will be established in the revision of the Labour Code in such a way as to clearly bring the national legislation into conformity with the provisions of the Convention. The Committee notes this information and hopes that appropriate measures will be taken to clarify the situation in both law and practice, especially by the adoption of a text enabling a distinction to be made between work in the public interest and forced labour.

The Committee recalls that it raised other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Articles 1(2) and 2(1) of the Convention. Exploitation of the labour of indigenous populations. For a number of years the Committee has been asking the Government to supply information on the measures taken to ensure that the indigenous populations are not subjected to work to which they have not consented or are unable to give proper consent. The Committee notes with regret that no information has been sent on this matter.

In its previous comments, the Committee noted the adoption of Act No. 5-2011 concerning the promotion and protection of the rights of indigenous populations. This Act contains provisions concerning consultation mechanisms, civil and political rights, cultural rights, the right to education, the right to work, and property and environment rights. The Committee noted in particular the provisions of section 29 of the Act, which guarantee the protection of the indigenous populations against forced labour, all forms of slavery and also debt bondage, and states that any person committing such offences shall be liable to imprisonment ranging from two to 30 years. Provision is also made for reparation of the damage caused.

The Committee also took note of the report of the Congolese Human Rights Observatory (OCDH) entitled “Indigenous Peoples of the Republic of the Congo: Discrimination and Slavery”, which was published in November 2011. The Committee noted that, according to this report, field visits confirmed the existence of slavery, practices similar to slavery and forced labour, all of which are intrinsically linked to discrimination; it also found that “master–slave” relations still prevail among the indigenous populations. Moreover, the report emphasized that the most widespread practice was that of forced labour, in which a person is forced to work against his or her will, under the threat of violence or any other form of punishment or constraint. The report also referred to fraudulent practices engaged in by Bantus to make the indigenous population accept fictitious debts, so as to keep them under their power to carry out work.

The Committee further noted that the United Nations Special Rapporteur, in his report of 11 July 2011 on the rights of indigenous peoples, confirmed the existence of these practices. The report points out that “inequitable social arrangements between the Bantu majority and the indigenous peoples manifest themselves as relations of domination and exploitation, in many instances amounting to forms of serfdom or involuntary servitude”. The Committee noted that the Special Rapporteur also refers to the National Action Plan on the improvement of the quality of life of indigenous peoples 2009–13, which contains five areas of priority action (A/HRC/18/39/Add.5). The Committee hopes that the Government will send information as soon as possible on the steps taken to ensure the implementation of Act No. 5-2011 and that, accordingly, this is widely publicized among the general public and among persons holding posts of responsibility in this field, particularly the competent authorities (prosecutors, magistrates and police officers). The Committee also requests the Government to provide information on the measures taken in practice to implement the National Action Plan on the improvement of the quality of life of indigenous peoples 2009–13. The Committee further requests the Government to take the appropriate steps to ensure that victims receive the necessary protection to enable them to have recourse to the competent authorities. The Committee requests the Government to ensure that, in accordance with Article 25 of the Convention, those who impose forced labour on indigenous peoples are prosecuted and that sufficiently effective and dissuasive penalties are actually imposed on them.

Article 2(2)(c). Work exacted as the result of a conviction in a court of law. 1. The Committee notes that, according to section 16 of Order No. 0192 of 23 January 1979 concerning the internal regulations of prisons, convicted prisoners are obliged to work. It also notes that detainees are put to work outside the prison and that, in particular, convicted men may be subject to a hiring out of labour (section 21). The Committee requests the Government to clarify whether prisoners are hired out to work for individuals, enterprises or associations and, if so, to indicate the conditions which govern their work for private entities.

2. In its previous comments the Committee noted that, according to section 7 of Decree No. 99-86 of 19 May 1999 concerning the work and organization of the Directorate-General for prison administration, the directorate for the enforcement of sentences is responsible for organizing work in the public interest and the procedures for the enforcement of alternative penalties. The Committee again requests the Government to indicate in its next report whether the courts have already issued sentences involving work in the public interest and, if so, to indicate the legislative or regulatory provisions governing the conditions under which such sentences could be imposed and also the conditions for their enforcement. The Government is also requested to send a copy of the relevant texts.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 2(2)(a) of the Convention. 1. Work exacted under compulsory military service laws. For many years the Committee has been drawing the Government’s attention to the fact that section 1 of Act No. 16 of 27 August 1981 establishing compulsory military service is not in conformity with the Convention. Under this provision, national service is instituted for the purpose of enabling every citizen to participate in the defence and construction of the nation and has two components: military service and civic service. The Committee has repeatedly emphasized that work exacted from recruits as part of compulsory national service, including work related to national development, is not purely military in nature and is therefore contrary to Article 2(2)(a) of the Convention.

The Committee notes that the Government once again indicates that it is committed to repealing the abovementioned Act and this will be seen in practice in the revision of the Labour Code, which is in progress. The Committee again expresses the strong hope that when the Labour Code is revised, the necessary steps will be taken to amend or repeal the Act establishing compulsory military service so as to bring the legislation into conformity with the Convention. The Government is requested to supply information on any progress made in this respect.

2. Youth brigades and workshops. In its previous comments the Committee noted the Government’s indication that Act No. 31-80 of 16 December 1980 on guidance for youth had fallen into disuse since 1991. Under this Act, the party and mass organizations were supposed to create, over time, all the conditions for establishing youth brigades and organizing youth workshops (type of tasks performed, number of persons involved, duration and conditions of their participation, etc.).

The Committee once again notes the Government’s indication that it is committed to repealing the abovementioned Act and this will be seen in practice in the revision of the Labour Code, which is in progress. The Committee expresses the strong hope that when the Labour Code is revised, the necessary steps will be taken to formally repeal Act No. 31-80 of 16 December 1980 on guidance for youth.

Article 2(2)(d). Requisitioning of persons to perform community work in instances other than emergencies. For many years the Committee has been drawing the Government’s attention to the fact that Act No. 24-60 of 11 May 1960 is not in conformity with the Convention in that it allows the requisitioning of persons to perform community work in instances other than the emergencies provided for under Article 2(2)(d) of the Convention, and provides that persons requisitioned who refuse to work are liable to imprisonment ranging from one month to one year.

The Committee again notes the Government’s indication that this Act has fallen into disuse and may be considered as repealed, in view of the fact that the Labour Code (section 4) and the Constitution (article 26), which prohibit forced labour, annul all the provisions of national law which are contrary to them. The Government explains that, in order to avoid any legal ambiguity, a text will be adopted enabling a clear distinction to be made between work of public interest and the forced labour prohibited by the Labour Code and the Constitution. The Government also indicates that the practice of mobilizing sections of the population for community work, on the basis of the provisions of section 35 of the statutes of the Congolese Labour Party (PCT), no longer exists. Tasks such as weeding and clean-up work are carried out by associations, state employees and local communities on a voluntary basis, therefore without any compulsion involved. Moreover, the voluntary nature of work for the community will be established in the revision of the Labour Code in such a way as to clearly bring the national legislation into conformity with the provisions of the Convention. The Committee notes this information and hopes that appropriate measures will be taken to clarify the situation in both law and practice, especially by the adoption of a text enabling a distinction to be made between work in the public interest and forced labour.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Articles 1(1) and 2(1) of the Convention. Exploitation of the labour of indigenous populations. Referring to its previous comments in which it had requested the Government to provide information on the measures taken to ensure that the indigenous populations were not subjected to work to which they had not consented or were unable to give proper consent, the Committee notes with regret that no information has been sent on this matter.

The Committee nevertheless notes the adoption of Act No. 5-2011 on the promotion and protection of indigenous populations’ rights on 25 February 2011. This Act contains provisions concerning consultation mechanisms, civil and political rights, cultural rights, right to an education, right to work, right of property and “right to environment”. The Committee particularly notes with interest the provisions of section 29 of the Act, which guarantee the protection of indigenous populations against forced labour, all forms of slavery and servitude, making these infringements punishable with imprisonment ranging from two to 30 years. Provision is also made for the compensation of damages.

The Committee also took note of the report carried out by the Congolese Observatory of Human Rights (OCDH) on the “autonomous peoples of the Republic of Congo: Discrimination and slavery”, published in November 2011. The Committee notes that, according to this report, field trips confirmed the existence of slavery, practices similar to slavery and forced labour, all of which are intrinsically linked to discrimination; it also found that “master–slave” relations still prevailed against the indigenous populations. It also stressed that the most widespread practice was that of forced labour, in which “a person was forced to work against his or her will, under the threat of violence or any other form of punishment or constraint”. The report also referred to the common practice of “bantous” making the autonomous population accept fictitious debts, so as to keep them under their power to carry out work.

The Committee points out that in his report published on 11 July 2011, the United Nations Special Rapporteur on the rights of indigenous peoples confirmed the existence of these practices. The report points out that “inequitable social arrangements between the Bantu majority and the indigenous peoples manifest themselves as relations of domination and exploitation, in many instances amounting to forms of serfdom or involuntary servitude”. The Committee notes that the Special Rapporteur also refers to the “National Action Plan on the Improvement of the Quality of Life of Indigenous Peoples 2009–13”, which contains five areas of priority action (A/HRC/18/39/Add.5).

The Committee welcomes the Act to promote and protect the rights of indigenous populations as an important first step towards increasing the protection of the indigenous populations, thereby contributing towards their protection from becoming victims of forced labour. The Committee hopes that the Government will take the necessary measures to ensure the effective implementation of the provisions contained in Act No. 5-2011 and that, for such purpose, it will be widely disseminated among the population in general, as well as government officials with relevant responsibilities in this area and other competent authorities (especially prosecutors, magistrates and police officers). It requests the Government to provide information on the measures taken in practice to implement the action plan.

The Committee also asks the Government to take the appropriate measures to ensure that the victims receive the necessary protection and are granted access to the competent authorities. The Committee asks the Government to ensure that in accordance with Article 25 of the Convention, those who impose forced labour on indigenous populations are promptly prosecuted and adequately punished, with dissuasive penalties.

Article 2(2)(c). Work exerted as a consequence of a conviction in a court of law. 1. The Committee requests the Government to send a copy of Decree No. 0192 of 23 January 1979 concerning the internal regulations of prisons which, although reportedly sent to the ILO, has never been received.

2. The Committee notes that, according to section 7 of Decree No. 99-86 of 19 May 1999 on the work and organization of the Prison Administration General Directorate, the Directorate for Penalty Enforcement is responsible for organizing community work and the application of other alternative penalties. The Committee requests the Government to indicate in its next report whether such penalties have ever been handed down and, if so, to specify the legislative or regulatory provisions governing the conditions under which community work could be imposed. The Government is asked to provide copies of the relevant texts.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 2(2)(a) of the Convention. 1. Work exacted under compulsory military service laws. For many years, the Committee has been drawing the Government’s attention to the fact that section 1 of Act No. 16 of 27 August 1981 establishing compulsory military service is not in conformity with the Convention. Under this provision, national service is instituted for the purpose of enabling every citizen to participate in the defence and construction of the nation and has two components: military service and civic service. The Committee has stressed that work exacted from recruits as part of compulsory national service, including work related to national development, is not purely military in nature and is therefore contrary to Article 2(2)(a) of the Convention.

The Committee notes that the Government indicates once again in its report that it is committed to repealing the abovementioned law and that it will provide information on any changes in this respect. The Committee firmly hopes that the necessary steps will be taken to amend or repeal the Act establishing compulsory military service so as to bring the legislation into conformity with the Convention.

2. Youth brigades and workshops. In its previous comments, the Committee noted that, according to the Government, Act No. 31-80 of 16 December 1980 on guidance for youth had fallen into disuse since 1991. Under this Act, the party and mass organizations were supposed to create, over time, all the conditions for establishing youth brigades and organizing youth workshops (type of tasks performed, number of persons involved, duration and conditions of their participation, etc.). The Committee notes that, in its last report, the Government states that it is committed to repeal the law to bring national legislation into conformity with the Convention. The Committee hopes that the necessary measures will be taken to formally repeal Act No. 31-80 of 16 December 1980 on guidance for youth.

Article 2(2)(d). Requisitioning of persons to perform community work in instances other than emergencies. For many years, the Committee has been drawing the Government’s attention to the fact that Act No. 24-60 of 11 May 1960 is incompatible with the Convention in that it allows the requisitioning of persons to perform community work in instances other than the emergencies provided for under Article 2(2)(d) of the Convention, and provides that persons requisitioned who refuse to work are liable to a prison sentence ranging from one month to a year.

The Committee notes that the Government confirms, in its last report, that this Act has fallen into disuse and may be considered as repealed, in view of the subsequent adoption of the Labour Code, especially section 4 which bans forced labour. The Government stipulates that, to avoid any legal ambiguity, it will include a provision stating the voluntary nature of this work in the Labour Code at present being revised. It also refers to the adoption of a text enabling a distinction to be made between work of public interest and forced labour. Taking account of this information, the Committee trusts that the Government will be in a position to announce, in its next report, the formal repeal of Act No. 24-60 of 11 May 1960 on community work.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

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 matters raised in its previous direct request, which read as follows:

Articles 1(1) and 2(1) of the Convention. Exploitation of the labour of the indigenous people known as “Pygmies”. The Committee has taken note of a report of the Working Group on Indigenous Populations/Communities of the African Commission on Human and Peoples’ Rights, published in 2007 following a research and information visit to Congo in September 2005. The Committee notes that, according to the report, the practice of “Pygmies’ masters”, which is similar to slavery, persists in some regions of Congo. The report refers to instances of “whole ‘Pygmy’ families or … individuals in the service of an individual or family”; “masters” claiming “to act as guarantor in relation to any problems their ‘Pygmies’ may possibly encounter and, in return, they have the right to complete devotion and to demand unpaid labour in the field …”; indigenous “Pygmies”, “who are supposed to carry out all kinds of work, at any time and under any conditions”; “masters”, who are the owners “of the fruits of labour that their ‘Pygmies’ have carried out against payment from a third party; in other words, some ‘masters’ even demand the salaries of their ‘Pygmies’.” The report also indicates that the rare “Pygmies” who have access to employment suffer various forms of discrimination such as unwarranted deductions from their pay on the part of some paying agents who take advantage of their illiteracy and the payment of part of their salary to their “masters”. The Committee notes that the African Commission’s Working Group on Indigenous Populations/Communities recommends that the Government “take measures to put an end to the practice of ‘Pygmies’ masters’ and punish all those who take part in it”. The Committee would be grateful if, in its next report, the Government would provide detailed information on the situation of these populations in the light of the protection afforded by the Convention. Please indicate the measures taken to ensure that they are not subjected to work to which they have not consented or were unable to give proper consent.

Article 2(2)(c). Work exacted as a consequence of a conviction in a court of law. 1. The Committee notes that, according to section 629 of the Code of Criminal Procedure, persons serving a custodial sentence are required to work. Section 637(1) provides that a decree shall determine the organization and internal regime of prison establishments. The Committee requests the Government to provide a copy of this decree and any other text regulating the work of prisoners.

2. The Committee notes that, according to section 7 of Decree No. 99-86 of 19 May 1999 on the work and organization of the Prison Administration General Directorate, the Directorate for Penalty Enforcement is responsible for organizing community work and other alternative penalties. The Committee would be grateful if the Government would indicate whether any such penalties have been handed down and, if so, to specify the legislative or regulatory provisions governing the conditions in which such penalties may be imposed and the conditions in which they are enforced. Please provide copies of the relevant texts.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes with regret that the Government’s report has not been received. The Committee recalls that, in its previous comments, it drew attention to the need to amend or repeal a number of texts that were inconsistent with the Convention – some of which were fairly old and were deemed by the Government to be obsolete. The Committee reminds the Government that it may call on the Office for technical assistance, and trusts that in its next report the Government will be in a position to inform that specific measures have been taken in response to the comments the Committee has been making for many years.

Article 2(2)(a) of the Convention. 1. Work exacted under compulsory military service laws. The Committee has on several occasions stressed the need to amend Act No. 16 of 27 August 1981 establishing compulsory military service. According to section 1 of the Act, national service is instituted for the purpose of enabling every citizen to participate in the defence and construction of the nation and has two components: military service and civic service. The Committee drew the Government’s attention to the fact that work exacted from recruits as part of compulsory national service, including work related to national development, is not purely military in nature and is therefore contrary to Article 2(2)(a) of the Convention. Noting the Government’s earlier statement that the practice of imposing on recruits work which is not purely military in nature has fallen into disuse and that it intended to repeal Act No. 16 of 1981 on compulsory national service, the Committee trusts that the necessary steps will be taken very shortly to amend or repeal this Act so as to bring the legislation into line with the Convention.

2. Youth brigades and workshops. The Committee observes that the Government has never provided information on the practical effect given to Act No. 31-80 of 16 December 1980 on guidance for youth under which the party and mass organizations were gradually to create all the conditions for the formation of youth brigades and the organization of youth workshops (type of tasks performed, number of persons involved, duration and conditions of their participation, etc.). However, the Government did indicate earlier that since 1991 such practices had fallen into disuse. The Committee points out that this Act has never been formally repealed and asks the Government to indicate the measures taken or envisaged to repeal it.

Article 2(2)(d). Requisitioning of persons to perform community work in instances other than emergencies. In the comments it has been making for very many years, the Committee has pointed out that Act No. 24-60 of 11 May 1960 is inconsistent with the Convention in that it allows the requisitioning of persons to perform community work in instances other than the emergencies provided for under Article 2(2)(d) of the Convention, and provides that persons requisitioned who refuse to work are liable to a penalty of imprisonment of from one month to one year. The Committee notes the Government’s earlier statement that this Act has fallen into disuse, and once again urges the Government to take the necessary steps to have it repealed formally so as to avoid any uncertainty in law.

The Committee is raising other points in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes 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 matters raised in its previous direct request, which read as follows:

Articles 1 (paragraph 1), and 2 (paragraph 1), of the Convention. Exploitation of the labour of the indigenous people known as “Pygmies”. The Committee has taken note of a report of the Working Group on Indigenous Populations/Communities of the African Commission on Human and Peoples’ Rights, published in 2007 following a research and information visit to Congo in September 2005. The Committee notes that, according to the report, the practice of “Pygmies’ masters”, which is similar to slavery, persists in some regions of Congo. The report refers to instances of “whole ‘Pygmy’ families or … individuals in the service of an individual or family”; “masters” claiming “to act as guarantor in relation to any problems their ‘Pygmies’ may possibly encounter and, in return, they have the right to complete devotion and to demand unpaid labour in the field …”; indigenous “Pygmies”, “who are supposed to carry out all kinds of work, at any time and under any conditions”; “masters”, who are the owners “of the fruits of labour that their ‘Pygmies’ have carried out against payment from a third party; in other words, some ‘masters’ even demand the salaries of their ‘Pygmies’.” The report also indicates that the rare “Pygmies” who have access to employment suffer various forms of discrimination such as unwarranted deductions from their pay on the part of some paying agents who take advantage of their illiteracy, and the payment of part of their salary to their “masters”. The Committee notes that the African Commission’s Working Group on Indigenous Populations/Communities recommends that the Government “take measures to put an end to the practice of ‘Pygmies’ masters’ and punish all those who take part in it”. The Committee would be grateful if, in its next report, the Government would provide detailed information on the situation of these populations in the light of the protection afforded by the Convention. Please indicate the measures taken to ensure that they are not subjected to work to which they have not consented or were unable to give proper consent.

Article 2, paragraph 2, subparagraph (c). Work exacted as a consequence of a conviction in a court of law. 1. The Committee notes that, according to section 629 of the Code of Criminal Procedure, persons serving a custodial sentence are required to work. Section 637(1) provides that a decree shall determine the organization and internal regime of prison establishments. The Committee requests the Government to provide a copy of this decree and any other text regulating the work of prisoners.

2. The Committee notes that, according to section 7 of Decree No. 99-86 of 19 May 1999 on the work and organization of the Prison Administration General Directorate, the Directorate for Penalty Enforcement is responsible for organizing community work and other alternative penalties. The Committee would be grateful if the Government would indicate whether any such penalties have been handed down and, if so, to specify the legislative or regulatory provisions governing the conditions in which such penalties may be imposed and the conditions in which they are enforced. Please provide copies of the relevant texts.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with regret that the Government’s report has not been received. The Committee recalls that, in its previous comments, it drew attention to the need to amend or repeal a number of texts that were inconsistent with the Convention – some of which were fairly old and were deemed by the Government to be obsolete. The Committee reminds the Government that it may call on the Office for technical assistance, and trusts that in its next report the Government will be in a position to inform that specific measures have been taken in response to the comments the Committee has been making for many years.

Article 2, paragraph 2(a), of the Convention. 1. Work exacted under compulsory military service laws. The Committee has on several occasions stressed the need to amend Act No. 16 of 27 August 1981 establishing compulsory military service. According to section 1 of the Act, national service is instituted for the purpose of enabling every citizen to participate in the defence and construction of the nation and has two components: military service and civic service. The Committee drew the Government’s attention to the fact that work exacted from recruits as part of compulsory national service, including work related to national development, is not purely military in nature and is therefore contrary to Article 2(2)(a) of the Convention. Noting the Government’s earlier statement that the practice of imposing on recruits work which is not purely military in nature has fallen into disuse and that it intended to repeal Act No. 16 of 1981 on compulsory national service, the Committee trusts that the necessary steps will be taken very shortly to amend or repeal this Act so as to bring the legislation into line with the Convention.

2. Youth brigades and workshops. The Committee observes that the Government has never provided information on the practical effect given to Act No. 31-80 of 16 December 1980 on guidance for youth under which the party and mass organizations were gradually to create all the conditions for the formation of youth brigades and the organization of youth workshops (type of tasks performed, number of persons involved, duration and conditions of their participation, etc.). However, the Government did indicate earlier that since 1991 such practices had fallen into disuse. The Committee points out that this Act has never been formally repealed and asks the Government to indicate the measures taken or envisaged to repeal it.

Article 2, paragraph 2(d). Requisitioning of persons to perform community work in instances other than emergencies. In the comments it has been making for very many years, the Committee has pointed out that Act No. 24-60 of 11 May 1960 is inconsistent with the Convention in that it allows the requisitioning of persons to perform community work in instances other than the emergencies provided for under Article 2(2)(d) of the Convention, and provides that persons requisitioned who refuse to work are liable to a penalty of imprisonment of from one month to one year. The Committee notes the Government’s earlier statement that this Act has fallen into disuse, and once again urges the Government to take the necessary steps to have it repealed formally so as to avoid any uncertainty in law.

The Committee is raising other points in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

Article 1, paragraph 1, and Article 2, paragraph 1, of the Convention. Exploitation of the labour of the indigenous people known as “Pygmies”. The Committee has taken note of a report of the Working Group on Indigenous Populations/Communities of the African Commission on Human and Peoples’ Rights, published in 2007 following a research and information visit to Congo in September 2005. The Committee notes that, according to the report, the practice of “Pygmies’ masters”, which is similar to slavery, persists in some regions of Congo. The report refers to instances of “whole ‘Pygmy’ families or … individuals in the service of an individual or family”; “masters” claiming “to act as guarantor in relation to any problems their ‘Pygmies’ may possibly encounter and, in return, they have the right to complete devotion and to demand unpaid labour in the field …”; indigenous “Pygmies”, “who are supposed to carry out all kinds of work, at any time and under any conditions”; “masters”, who are the owners “of the fruits of labour that their ‘Pygmies’ have carried out against payment from a third party; in other words, some ‘masters’ even demand the salaries of their ‘Pygmies’.” The report also indicates that the rare “Pygmies” who have access to employment suffer various forms of discrimination such as unwarranted deductions from their pay on the part of some paying agents who take advantage of their illiteracy, and the payment of part of their salary to their “masters”. The Committee notes that the African Commission’s Working Group on Indigenous Populations/Communities recommends that the Government “take measures to put an end to the practice of ‘Pygmies’ masters’ and punish all those who take part in it”. The Committee would be grateful if, in its next report, the Government would provide detailed information on the situation of these populations in the light of the protection afforded by the Convention. Please indicate the measures taken to ensure that they are not subjected to work to which they have not consented or were unable to give proper consent.

Article 2, paragraph 2(c). Work exacted as a consequence of a conviction in a court of law. 1. The Committee notes that, according to section 629 of the Code of Criminal Procedure, persons serving a custodial sentence are required to work. Section 637(1) provides that a decree shall determine the organization and internal regime of prison establishments. The Committee requests the Government to provide a copy of this decree and any other text regulating the work of prisoners.

2. The Committee notes that, according to section 7 of Decree No. 99-86 of 19 May 1999 on the work and organization of the Prison Administration General Directorate, the Directorate for Penalty Enforcement is responsible for organizing community work and other alternative penalties. The Committee would be grateful if the Government would indicate whether any such penalties have been handed down and, if so, to specify the legislative or regulatory provisions governing the conditions in which such penalties may be imposed and the conditions in which they are enforced. Please provide copies of the relevant texts.

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

The Committee notes with regret that the Government’s report received in January 2008 contains no reply to its previous comments, and that the earlier reports due for 2007, 2006 and 2005 were not received. The Committee recalls that, in its previous comments, it drew attention to the need to amend or repeal a number of texts that were inconsistent with the Convention – some of which were fairly old and were deemed by the Government to be obsolete. The Committee reminds the Government that it may call on the Office for technical assistance, and trusts that in its next report the Government will be in a position to inform that specific measures have been taken in response to the comments the Committee has been making for many years.

Article 2, paragraph 2(a), of the Convention. 1. Work exacted under compulsory military service laws. The Committee has on several occasions stressed the need to amend Act No. 16 of 27 August 1981 establishing compulsory military service. According to section 1 of the Act, national service is instituted for the purpose of enabling every citizen to participate in the defence and construction of the nation and has two components: military service and civic service. The Committee drew the Government’s attention to the fact that work exacted from recruits as part of compulsory national service, including work related to national development, is not purely military in nature and is therefore contrary to Article 2, paragraph 2(a), of the Convention. Noting the Government’s earlier statement that the practice of imposing on recruits work which is not purely military in nature has fallen into disuse and that it intended to repeal Act No. 16 of 1981 on compulsory national service, the Committee trusts that the necessary steps will be taken very shortly to amend or repeal this Act so as to bring the legislation into line with the Convention.

2. Youth brigades and workshops. The Committee observes that the Government has never provided information on the practical effect given to Act No. 31-80 of 16 December 1980 on guidance for youth under which the party and mass organizations were gradually to create all the conditions for the formation of youth brigades and the organization of youth workshops (type of tasks performed, number of persons involved, duration and conditions of their participation, etc.). However, the Government did indicate earlier that since 1991 such practices had fallen into disuse. The Committee points out that this Act has never been formally repealed and asks the Government to indicate the measures taken or envisaged to repeal it.

Article 2, paragraph 2(d). Requisitioning of persons to perform community work in instances other than emergencies. In the comments it has been making for very many years, the Committee has pointed out that Act No. 24-60 of 11 May 1960 is inconsistent with the Convention in that it allows the requisitioning of persons to perform community work in instances other than the emergencies provided for under Article 2, paragraph 2(d), of the Convention, and provides that persons requisitioned who refuse to work are liable to a penalty of imprisonment of from one month to one year. The Committee notes the Government’s earlier statement that this Act has fallen into disuse, and once again urges the Government to take the necessary steps to have it repealed formally so as to avoid any uncertainty in law.

The Committee raises other matters in a request addressed directly to the Government.

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

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

1. Article 2, paragraph 2(a), of the Convention. The Committee has several times drawn the Government’s attention to section 4 of Act No. 11-66 of 22 June 1966 establishing the National People’s Army and section 1 of Act No. 16 of 27 August 1981 introducing compulsory national service. The former provides for active participation by the army in tasks of economic construction for effective production and the latter stipulates that national service, which comprises both military and civic service, enables every citizen to take part in the defence and construction of the nation. The Committee drew the Government’s attention to Article 2, paragraph 2(a), of the Convention which provides that work or service exacted in virtue of compulsory military service laws is excluded from the scope of the Convention only when it is imposed for work of a purely military character. Work exacted from recruits as part of national service, including work related to national development, is not purely military in nature. The Committee referred in this context to paragraphs 24-33 and 49-62 of its General Survey of 1979 on the abolition of forced labour. According to the Government, the practice of imposing on recruits work which is not purely military in nature has fallen into disuse. The Committee notes that, in its last report, the Government expressed its intention of repealing Act No. 16 of 1981 on compulsory national service. The Committee hopes that the necessary steps will be taken to repeal the above Act in order to bring the national legislation into conformity with the Convention.

2. Youth brigades and workshops. In its previous comments, the Committee referred to section 17 of Act No. 31-80 of 16 December 1980 on guidance for youth under which the party and mass organizations would gradually create all the conditions for the formation of youth brigades and the organization of youth workshops. The Committee notes that, according to the Government, these practices no longer exist. It observes, however, that the abovementioned Act has not been repealed. The Committee noted that a draft decree on voluntary work for young people was in the process of being approved, and requested specific information on the type of tasks performed, the number of persons concerned, the duration and conditions of their participation. The Committee asks the Government to indicate the measures taken or envisaged to bring the national legislation into line with the Convention and to provide a copy of the decree on voluntary work for young people as soon as it is adopted, together with relevant information.

3. Article 2, paragraph 2(d). In its previous comments, the Committee asked for the repeal of Act No. 24-60 of 11 May 1960 which allows persons to be requisitioned for work of public interest in cases which do not constitute the emergencies provided for in Article 2, paragraph 2(d), of the Convention. Persons requisitioned who refuse to work are liable to a penalty of imprisonment of from one month to one year. The Committee notes the Government’s indication in its report that, although it has never been repealed, Act No. 24-60 has fallen into abeyance since the publication of the Labour Code, the Penal Code and the new Constitution of 2002. The Committee asks the Government to provide information on the measures taken to formally repeal this Act in order to avoid any legal ambiguity.

4. Article 2, paragraph 2(e). Imposition of sanitation jobs. In its previous comments, the Committee noted that the Government may request the population to carry out certain sanitation jobs. The Government indicated that this practice consisted of mobilizing the population for work in the community interest and was based on section 35 of the Statutes of the Congolese Labour Party, but that it no longer exists and such tasks (weeding, sanitation work) are now undertaken voluntarily by associations and employees of the State and local communities. The Government indicates its intention of including, in the Labour Code currently being revised, a provision to establish the voluntary nature of sanitation work. The Committee asks the Government to provide a copy of the new provisions of the Labour Code once they are adopted.

5. The Committee asks the Government to provide copies of the Order regulating the operation of prisons and prison labour.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation on the following matters.

1. In its previous comments, the Committee noted that the Government may request the population to carry out certain sanitation jobs. The Government indicated that this practice consisted of mobilizing the population for work in the community interest and was based on section 35 of the Statutes of the Congolese Labour Party, but that it no longer exists and such tasks (weeding, sanitation work) are now undertaken voluntarily by associations and employees of the State and local communities. The Government indicates its intention of including, in the Labour Code currently being revised, a provision to establish the voluntary nature of sanitation work. The Committee asks the Government to provide a copy of the new provisions of the Labour Code once they are adopted.

2. Article 2, paragraph 2(a), of the Convention. The Committee has several times drawn the Government’s attention to section 4 of Act No. 11-66 of 22 June 1966 establishing the National People’s Army and section 1 of Act No. 16 of
27 August 1981 introducing compulsory national service. The former provides for active participation by the army in tasks of economic construction for effective production and the latter stipulates that national service, which comprises both military and civic service, enables every citizen to take part in the defence and construction of the nation. The Committee drew the Government’s attention to Article 2, paragraph 2(a), of the Convention which provides that work or service exacted in virtue of compulsory military service laws is excluded from the scope of the Convention only when it is imposed for work of a purely military character. Work exacted from recruits as part of national service, including work related to national development, is not purely military in nature. The Committee referred in this context to paragraphs 24-33 and 49-62 of its General Survey of 1979 on the abolition of forced labour. According to the Government, the practice of imposing on recruits work which is not purely military in nature has fallen into disuse. The Committee notes that, in its last report, the Government expressed its intention of repealing Act No. 16 of 1981 on compulsory national service. The Committee hopes that the necessary steps will be taken to repeal the above Act in order to bring the national legislation into conformity with the Convention.

3. In its previous comments, the Committee referred to section 17 of Act No. 31-80 of 16 December 1980 on guidance for youth under which the party and mass organizations would gradually create all the conditions for the formation of youth brigades and the organization of youth workshops. The Committee notes that, according to the Government, these practices no longer exist. It observes, however, that the abovementioned Act has not been repealed. The Committee noted that a draft decree on voluntary work for young people was in the process of being approved, and requested specific information on the type of tasks performed, the number of persons concerned, the duration and conditions of their participation. The Committee asks the Government to indicate the measures taken or envisaged to bring the national legislation into line with the Convention and to provide a copy of the decree on voluntary work for young people as soon as it is adopted, together with relevant information.

4. Article 2, paragraph 2(d). In its previous comments, the Committee asked for the repeal of Act No. 24-60 of 11 May 1960 which allows persons to be requisitioned for work of public interest in cases which do not constitute the emergencies provided for in Article 2, paragraph 2(d), of the Convention. Persons requisitioned who refuse to work are liable to a penalty of imprisonment of from one month to one year. The Committee notes the Government’s indication in its report that, although it has never been repealed, Act No. 24-60 has fallen into abeyance since the publication of the Labour Code, the Penal Code and the new Constitution of 2002. The Committee asks the Government to provide information on the measures taken to formally repeal this Act in order to avoid any legal ambiguity.

5. The Committee asks the Government to provide copies of the Order regulating the operation of prisons and prison labour.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes that no report has been received from the Government. It must therefore repeat its previous observation on the following matters:

1. In its previous comments, the Committee noted that the Government may request the population to carry out certain sanitation jobs. The Government indicated that this practice consisted of mobilizing the population for work in the community interest and was based on section 35 of the Statutes of the Congolese Labour Party, but that it no longer exists and such tasks (weeding, sanitation work) are now undertaken voluntarily by associations and employees of the State and local communities. The Government indicates its intention of including, in the Labour Code currently being revised, a provision to establish the voluntary nature of sanitation work. The Committee asks the Government to provide a copy of the new provisions of the Labour Code once they are adopted.

2. Article 2, paragraph 2(a). The Committee has several times drawn the Government’s attention to section 4 of Act No. 11-66 of 22 June 1966 establishing the National People’s Army and section 1 of Act No. 16 of 27 August 1981 introducing compulsory national service. The former provides for active participation by the army in tasks of economic construction for effective production and the latter stipulates that national service, which comprises both military and civic service, enables every citizen to take part in the defence and construction of the nation. The Committee drew the Government’s attention to Article 2, paragraph 2(a), of the Convention which provides that work or service exacted in virtue of compulsory military service laws is excluded from the scope of the Convention only when it is imposed for work of a purely military character. Work exacted from recruits as part of national service, including work related to national development, is not purely military in nature. The Committee referred in this context to paragraphs 24-33 and 49-62 of its General Survey of 1979 on the abolition of forced labour. According to the Government, the practice of imposing on recruits work which is not purely military in nature has fallen into disuse. The Committee notes that, in its last report, the Government expressed its intention of repealing Act No. 16 of 1981 on compulsory national service. The Committee hopes that the necessary steps will be taken to repeal the above Act in order to bring the national legislation into conformity with the Convention.

3. In its previous comments, the Committee referred to section 17 of Act No. 31-80 of 16 December 1980 on guidance for youth under which the party and mass organizations would gradually create all the conditions for the formation of youth brigades and the organization of youth workshops. The Committee notes that, according to the Government, these practices no longer exist. It observes, however, that the abovementioned Act has not been repealed. The Committee noted that a draft decree on voluntary work for young people was in the process of being approved, and requested specific information on the type of tasks performed, the number of persons concerned, the duration and conditions of their participation. The Committee asks the Government to indicate the measures taken or envisaged to bring the national legislation into line with the Convention and to provide a copy of the decree on voluntary work for young people as soon as it is adopted, together with relevant information.

4. Article 2, paragraph 2(d), of the Convention. In its previous comments, the Committee asked for the repeal of Act No. 24-60 of 11 May 1960 which allows persons to be requisitioned for work of public interest in cases which do not constitute the emergencies provided for in Article 2, paragraph 2(d), of the Convention. Persons requisitioned who refuse to work are liable to a penalty of imprisonment of from one month to one year. The Committee notes the Government’s indication in its report that, although it has never been repealed, Act No. 24-60 has fallen into abeyance since the publication of the Labour Code, the Penal Code and the new Constitution of 2002. The Committee asks the Government to provide information on the measures taken to formally repeal this Act in order to avoid any legal ambiguity.

5. The Committee asks the Government to provide copies of the Order regulating the operation of prisons and prison labour.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. Article 2, paragraph 2(d), of the Convention. In its previous comments, the Committee asked for the repeal of Act No. 24-60 of 11 May 1960 which allows persons to be requisitioned for work of public interest in cases which do not constitute the emergencies provided for in Article 2, paragraph 2(d), of the Convention. Persons requisitioned who refuse to work are liable to a penalty of imprisonment of from one month to one year. The Committee notes the Government’s indication in its report that, although it has never been repealed, Act No. 24-60 has fallen into abeyance since the publication of the Labour Code, the Penal Code and the new Constitution of 2002. The Committee asks the Government to provide information on the measures taken to formally repeal this Act in order to avoid any legal ambiguity.

2. The Committee notes that the Government’s report contains no information on the other matters raised in its previous observation. The Committee hopes that the Government’s next report will contain replies to the following points.

1. In its previous comments, the Committee noted that the Government may request the population to carry out certain sanitation jobs. The Government indicated that this practice consisted of mobilizing the population for work in the community interest and was based on section 35 of the Statutes of the Congolese Labour Party, but that it no longer exists and such tasks (weeding, sanitation work) are now undertaken voluntarily by associations and employees of the State and local communities. The Government indicates its intention of including, in the Labour Code currently being revised, a provision to establish the voluntary nature of sanitation work. The Committee asks the Government to provide a copy of the new provisions of the Labour Code once they are adopted.

2. Article 2, paragraph 2(a). The Committee has several times drawn the Government’s attention to section 4 of Act No. 11-66 of 22 June 1966 establishing the National People’s Army and section 1 of Act No. 16 of 27 August 1981 introducing compulsory national service. The former provides for active participation by the army in tasks of economic construction for effective production and the latter stipulates that national service, which comprises both military and civic service, enables every citizen to take part in the defence and construction of the nation. The Committee drew the Government’s attention to Article 2, paragraph 2(a), of the Convention which provides that work or service exacted in virtue of compulsory military service laws is excluded from the scope of the Convention only when it is imposed for work of a purely military character. Work exacted from recruits as part of national service, including work related to national development, is not purely military in nature. The Committee referred in this context to paragraphs 24-33 and 49-62 of its General Survey of 1979 on the abolition of forced labour. According to the Government, the practice of imposing on recruits work which is not purely military in nature has fallen into disuse. The Committee notes that, in its last report, the Government expressed its intention of repealing Act No. 16 of 1981 on compulsory national service. The Committee hopes that the necessary steps will be taken to repeal the above Act in order to bring the national legislation into conformity with the Convention.

3. In its previous comments, the Committee referred to section 17 of Act No. 31-80 of 16 December 1980 on guidance for youth under which the party and mass organizations would gradually create all the conditions for the formation of youth brigades and the organization of youth workshops. The Committee notes that, according to the Government, these practices no longer exist. It observes, however, that the abovementioned Act has not been repealed. The Committee noted that a draft decree on voluntary work for young people was in the process of being approved, and requested specific information on the type of tasks performed, the number of persons concerned, the duration and conditions of their participation. The Committee asks the Government to indicate the measures taken or envisaged to bring the national legislation into line with the Convention and to provide a copy of the decree on voluntary work for young people as soon as it is adopted, together with relevant information.

4. Trafficking in persons. The Committee notes the Government’s statement that child trafficking exists between Benin and Congo for the purpose of forcing the children to work in Pointe-Noire in trading (fixed and itinerant) and domestic work. According to the Government, the receiving families force the children to work in unimaginable conditions: they have to work all day, are frequently beaten and subjected to all kinds of hardships. The Government has recognized that such acts are contrary to human rights and has taken a number of measures to curb child trafficking. The Committee asks the Government to examine the situation of children working in Pointe-Noire in the light of the Convention and to provide full information on their working conditions, specifying their age, the circumstances in which this trafficking takes place and working conditions in Congo. The Committee also asks the Government to indicate which provisions of the national legislation punish trafficking in people and what measures are taken to ensure that the penalties are strictly applied to those responsible for imposing forced labour.

5. The Committee asks the Government to provide copies of the Penal Code, the Code of Penal Procedure and the Order regulating the operation of prisons and prison labour.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes with regret that no report has been received from the Government. It must therefore repeat its previous observation on the following matters:

1. Article 2, paragraph 2(d), of the Convention. In its previous comments, the Committee asked for the repeal of Act No. 24-60 of 11 May 1960 which allows persons to be requisitioned for work of public interest in cases which do not constitute the emergencies provided for in Article 2, paragraph 2(d), of the Convention. The above Act establishes penalties of imprisonment of from one month to one year for requisitioned persons who refuse to work.

The Committee noted that Act No. 6-96 to amend and supplement provisions of Act No. 45/75 issuing the Labour Code prohibits forced or compulsory labour. It notes, however, that Act No. 24-60 of 1960 is still in force.

The Committee asks the Government to indicate the measures taken or envisaged to bring the national legislation into line with the Convention.

2. In its previous comments, the Committee noted that the Government may request the population to carry out certain sanitation jobs. The Government indicated that this practice consisted of mobilizing the population for work in the community interest and was based on section 35 of the Statutes of the Congolese Labour Party, but that it no longer exists and such tasks (weeding, sanitation work) are now undertaken voluntarily by associations and employees of the State and local communities.

The Committee notes that in its last report the Government indicates its intention of including, in the Labour Code currently being revised, a provision to establish the voluntary nature of sanitation work. The Committee asks the Government to provide a copy of the new provisions of the Labour Code once they are adopted.

3. Article 2, paragraph 2(a). The Committee has several times drawn the Government’s attention to section 4 of Act No. 11-66 of 22 June 1966 establishing the National People’s Army and section 1 of Act No. 16 of 27 August 1981 introducing compulsory national service. The former provides for active participation by the army in tasks of economic construction for effective production and the latter stipulates that national service, which comprises both military and civic service, enables every citizen to take part in the defence and construction of the nation.

The Committee drew the Government’s attention to Article 2, paragraph 2(a), of the Convention which provides that work or service exacted in virtue of compulsory military service laws is excluded from the scope of the Convention only when it is imposed for work of a purely military character. Work exacted from recruits as part of national service, including work related to national development, is not purely military in nature. The Committee referred in this context to paragraphs 24-33 and 49-62 of its General Survey of 1979 on the abolition of forced labour.

According to the Government, the practice of imposing on recruits work which is not purely military in nature has fallen into disuse. The Committee notes that, in its last report, the Government expressed its intention of repealing Act No. 16 of 1981 on compulsory national service.

The Committee hopes that the necessary steps will be taken to repeal the above Act in order to bring the national legislation into conformity with the Convention.

4. In its previous comments, the Committee referred to section 17 of Act No. 31-80 of 16 December 1980 on guidance for youth under which the party and mass organizations would gradually create all the conditions for the formation of youth brigades and the organization of youth workshops.

The Committee notes that, according to the Government, these practices no longer exist. It observes, however, that the abovementioned Act has not been repealed.

The Committee noted that a draft decree on voluntary work for young people was in the process of being approved, and requested specific information on the type of tasks performed, the number of persons concerned, the duration and conditions of their participation.

The Committee asks the Government to indicate the measures taken or envisaged to bring the national legislation into line with the Convention and to provide a copy of the decree on voluntary work for young people as soon as it is adopted, together with relevant information.

5. Trafficking in persons. The Committee notes the Government’s statement that child trafficking exists between Benin and Congo for the purpose of forcing the children to work in Pointe-Noire in trading (fixed and itinerant) and domestic work. According to the Government, the receiving families force the children to work in unimaginable conditions: they have to work all day, are frequently beaten and subjected to all kinds of hardships. The Government has recognized that such acts are contrary to human rights and has taken a number of measures to curb child trafficking.

The Committee asks the Government to examine the situation of children working in Pointe-Noire in the light of the Convention and to provide full information on their working conditions, specifying their age, the circumstances in which this trafficking takes place and working conditions in Congo.

The Committee also asks the Government to indicate which provisions of the national legislation punish trafficking in people and what measures are taken to ensure that the penalties are strictly applied to those responsible for imposing forced labour.

6. The Committee notes the results of the Government’s inquiry into traditional forms of slavery in the district of Ouesso. The Committee notes that, according to the abovementioned inquiry, no form of forced labour exists among pygmies and Bantus in the plantations of the North.

7. The Committee asks the Government to provide copies of the Penal Code, the Code of Penal Procedure and the Order regulating the operation of prisons and prison labour.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes that no report has been received from the Government. It must therefore repeat its previous observation on the following matters:

1. Article 2, paragraph 2(d) of the Convention. In its previous comments, the Committee asked for the repeal of Act No. 24-60 of 11 May 1960 which allows persons to be requisitioned for work of public interest in cases which do not constitute the emergencies provided for in Article 2, paragraph 2(d), of the Convention. The above Act establishes penalties of imprisonment of from one month to one year for requisitioned persons who refuse to work.

The Committee noted that Act No. 6-96 to amend and supplement provisions of Act No. 45/75 issuing the Labour Code prohibits forced or compulsory labour. It notes, however, that Act No. 24-60 of 1960 is still in force.

The Committee asks the Government to indicate the measures taken or envisaged to bring the national legislation into line with the Convention.

2. In its previous comments, the Committee noted that the Government may request the population to carry out certain sanitation jobs. The Government indicated that this practice consisted of mobilizing the population for work in the community interest and was based on section 35 of the Statutes of the Congolese Labour Party, but that it no longer exists and such tasks (weeding, sanitation work) are now undertaken voluntarily by associations and employees of the State and local communities.

The Committee notes that in its last report the Government indicates its intention of including, in the Labour Code currently being revised, a provision to establish the voluntary nature of sanitation work. The Committee asks the Government to provide a copy of the new provisions of the Labour Code once they are adopted.

3. Article 2, paragraph 2(a). The Committee has several times drawn the Government’s attention to section 4 of Act No. 11-66 of 22 June 1966 establishing the National People’s Army and section 1 of Act No. 16 of 27 August 1981 introducing compulsory national service. The former provides for active participation by the army in tasks of economic construction for effective production and the latter stipulates that national service, which comprises both military and civic service, enables every citizen to take part in the defence and construction of the nation.

The Committee drew the Government’s attention to Article 2, paragraph 2(a), of the Convention which provides that work or service exacted in virtue of compulsory military service laws is excluded from the scope of the Convention only when it is imposed for work of a purely military character. Work exacted from recruits as part of national service, including work related to national development, is not purely military in nature. The Committee referred in this context to paragraphs 24-33 and 49-62 of its General Survey of 1979 on the abolition of forced labour.

According to the Government, the practice of imposing on recruits work which is not purely military in nature has fallen into disuse. The Committee notes that, in its last report, the Government expressed its intention of repealing Act No. 16 of 1981 on compulsory national service.

The Committee hopes that the necessary steps will be taken to repeal the above Act in order to bring the national legislation into conformity with the Convention.

4. In its previous comments, the Committee referred to section 17 of Act No. 31-80 of 16 December 1980 on guidance for youth under which the party and mass organizations would gradually create all the conditions for the formation of youth brigades and the organization of youth workshops.

The Committee notes that, according to the Government, these practices no longer exist. It observes, however, that the abovementioned Act has not been repealed.

The Committee noted that a draft decree on voluntary work for young people was in the process of being approved, and requested specific information on the type of tasks performed, the number of persons concerned, the duration and conditions of their participation.

The Committee asks the Government to indicate the measures taken or envisaged to bring the national legislation into line with the Convention and to provide a copy of the decree on voluntary work for young people as soon as it is adopted, together with relevant information.

5. Trafficking in persons. The Committee notes the Government’s statement that child trafficking exists between Benin and Congo for the purpose of forcing the children to work in Pointe-Noire in trading (fixed and itinerant) and domestic work. According to the Government, the receiving families force the children to work in unimaginable conditions: they have to work all day, are frequently beaten and subjected to all kinds of hardships. The Government has recognized that such acts are contrary to human rights and has taken a number of measures to curb child trafficking.

The Committee asks the Government to examine the situation of children working in Pointe-Noire in the light of the Convention and to provide full information on their working conditions, specifying their age, the circumstances in which this trafficking takes place and working conditions in Congo.

The Committee also asks the Government to indicate which provisions of the national legislation punish trafficking in people and what measures are taken to ensure that the penalties are strictly applied to those responsible for imposing forced labour.

6. The Committee notes the results of the Government’s inquiry into traditional forms of slavery in the district of Ouesso. The Committee notes that, according to the abovementioned inquiry, no form of forced labour exists among pygmies and Bantus in the plantations of the North.

7. The Committee asks the Government to provide copies of the Penal Code, the Code of Penal Procedure and the Order regulating the operation of prisons and prison labour.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the Government’s report and the report on the Government’s inquiry into cases of slavery among Bantus in the city of Pointe Noire.

1. Article 2, paragraph 2(d) of the Convention. In its previous comments, the Committee asked for the repeal of Act No. 24 60 of 11 May 1960 which allows persons to be requisitioned for work of public interest in cases which do not constitute the emergencies provided for in Article 2, paragraph 2(d), of the Convention. The above Act establishes penalties of imprisonment of from one month to one year for requisitioned persons who refuse to work.

The Committee noted that Act No. 6 96 to amend and supplement provisions of Act No. 45/75 issuing the Labour Code prohibits forced or compulsory labour. It notes, however, that Act No. 24 60 of 1960 is still in force.

The Committee asks the Government to indicate the measures taken or envisaged to bring the national legislation into line with the Convention.

2. In its previous comments, the Committee noted that the Government may request the population to carry out certain sanitation jobs. The Government indicated that this practice consisted of mobilizing the population for work in the community interest and was based on section 35 of the Statutes of the Congolese Labour Party, but that it no longer exists and such tasks (weeding, sanitation work) are now undertaken voluntarily by associations and employees of the State and local communities.

The Committee notes that in its last report the Government indicates its intention of including, in the Labour Code currently being revised, a provision to establish the voluntary nature of sanitation work. The Committee asks the Government to provide a copy of the new provisions of the Labour Code once they are adopted.

3. Article 2, paragraph 2(a). The Committee has several times drawn the Government’s attention to section 4 of Act No. 11 66 of 22 June 1966 establishing the National People’s Army and section 1 of Act No. 16 of 27 August 1981 introducing compulsory national service. The former provides for active participation by the army in tasks of economic construction for effective production and the latter stipulates that national service, which comprises both military and civic service, enables every citizen to take part in the defence and construction of the nation.

The Committee drew the Government’s attention to Article 2, paragraph 2(a), of the Convention which provides that work or service exacted in virtue of compulsory military service laws is excluded from the scope of the Convention only when it is imposed for work of a purely military character. Work exacted from recruits as part of national service, including work related to national development, is not purely military in nature. The Committee referred in this context to paragraphs 24 33 and 49 62 of its General Survey of 1979 on the abolition of forced labour.

According to the Government, the practice of imposing on recruits work which is not purely military in nature has fallen into disuse. The Committee notes that, in its last report, the Government expressed its intention of repealing Act No. 16 of 1981 on compulsory national service.

The Committee hopes that the necessary steps will be taken to repeal the above Act in order to bring the national legislation into conformity with the Convention.

4. In its previous comments, the Committee referred to section 17 of Act No. 31 80 of 16 December 1980 on guidance for youth under which the party and mass organizations would gradually create all the conditions for the formation of youth brigades and the organization of youth workshops.

The Committee notes that, according to the Government, these practices no longer exist. It observes, however, that the abovementioned Act has not been repealed.

The Committee noted that a draft decree on voluntary work for young people was in the process of being approved, and requested specific information on the type of tasks performed, the number of persons concerned, the duration and conditions of their participation.

The Committee asks the Government to indicate the measures taken or envisaged to bring the national legislation into line with the Convention and to provide a copy of the decree on voluntary work for young people as soon as it is adopted, together with relevant information.

5. Trafficking in persons. The Committee notes the Government’s statement that child trafficking exists between Benin and Congo for the purpose of forcing the children to work in Pointe Noire in trading (fixed and itinerant) and domestic work. According to the Government, the receiving families force the children to work in unimaginable conditions: they have to work all day, are frequently beaten and subjected to all kinds of hardships. The Government has recognized that such acts are contrary to human rights and has taken a number of measures to curb child trafficking.

The Committee asks the Government to examine the situation of children working in Pointe Noire in the light of the Convention and to provide full information on their working conditions, specifying their age, the circumstances in which this trafficking takes place and working conditions in Congo.

The Committee also asks the Government to indicate which provisions of the national legislation punish trafficking in people and what measures are taken to ensure that the penalties are strictly applied to those responsible for imposing forced labour.

6. The Committee notes the results of the Government’s inquiry into traditional forms of slavery in the district of Ouesso. The Committee notes that, according to the abovementioned inquiry, no form of forced labour exists among pygmies and Bantus in the plantations of the North.

7. The Committee asks the Government to provide copies of the Penal Code, the Code of Penal Procedure and the Order regulating the operation of prisons and prison labour.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes 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.

Referring to its general observation on the Convention made in its report to the 87th Session of the International Labour Conference (1999), the Committee requests the Government to supply information on the current situation in law and in practice with regard to the following matters:

(i)  whether there are prisons administered by private concerns, profit-making or otherwise;

(ii)  whether any private prison contractors deploy prisoners to work either inside or outside prison premises, either for the account of the contractor or for that of another enterprise;

(iii)  whether private parties are admitted by the prison authorities into prison premises of any kind for the purpose of engaging prisoners in employment;

(iv)  whether employment of prisoners outside prison premises, either for a public authority or for a private enterprise, is allowed;

(v)  the conditions in which employment under any of the above conditions takes place, in respect of remuneration (indicating the level and comparing it with minimum wage normally applicable to such work), benefits accruing (such as pension rights and workers’ compensation), observance of occupational safety and health legislation and other conditions of employment (e.g. through labour inspection), and how those conditions are determined;

(vi)  what the source of any remuneration is (whether from public or private funds) and for what purposes it must or may be applied (e.g. for the personal use of the prisoner or if it is subject to compulsory deductions);

(vii)  for whose benefit is the product of prisoners’ work and any surplus profit deriving from it, after deduction of overheads, and how it is disbursed;

(viii)  how the consent of the prisoners concerned is guaranteed, so that it is free from the menace of any penalty, including any loss of privileges or other disadvantages following from a refusal to work.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes that no report has been received from the Government. It must therefore repeat its previous observation on the following points:

1.  Since 1961, the Committee had requested the Government to repeal Act No. 24-60 of 11 May 1960, which permits the requisitioning of persons to undertake work of public interest that is not confined to cases of emergency and which imposes penalties of imprisonment ranging from one month to one year in the event of refusal.

The Committee noted that, after having long indicated its intention of repealing the above Act, the Government had stated that it was prepared only to restrict its scope to cases of emergency as laid down in Article 2, paragraph 2(d), of the Convention.

The Committee again requests the Government to take the necessary measures to ensure respect for the Convention on this point and to indicate progress made in this direction.

2.  In its previous comments, the Committee had noted that the Government may call upon the population to perform certain sanitation work. The Government had indicated that this practice derived from section 35 of the Statutes of the Congolese Labour Party. In its latest report, the Government had indicated that mobilization of the population for work of collective interest - a practice which was in force at the time of the single-party system - no longer existed, pointing out that such tasks (weeding, sanitation work) were now carried out on a voluntary basis by associations and by the employees of the State and local communities.

The Committee again requests the government to indicate the measures taken or envisaged to establish in law or through regulations the voluntary nature of the work performed by the population, so as to ensure effective observance of the Convention.

3.  Article 2, paragraph 2(a).  On several occasions, the Committee had drawn the Government’s attention to section 4 of Act No. 11-66 of 22 June 1966 establishing the National People’s Army and section 1 of Act No. 16 of 27 August 1981 introducing compulsory national service. The former provides that the Army must actively participate in the tasks of economic construction for productive economic enterprise and the latter stipulates that national service, which comprises both military and civic service, enables every citizen to take part in the defence and construction of the nation.

The Committee had drawn the Government’s attention to Article 2, paragraph 2(a), of the Convention which provides that work or service exacted in virtue of compulsory military service laws is excluded from the scope of the Convention only when it is performed for work of a purely military nature. The work exacted from recruits as part of national service, including work related to national economic development was not work of a purely military character and the Committee had referred in this connection to paragraphs 24 to 33 and 49 to 62 of its 1979 General Survey on the abolition of forced labour.

In regard to section 4 of Act No. 45/75 of 15 March 1975 which exempted from the prohibition of forced or compulsory labour, inter alia, "obligations arising out of the civic service for youth", the Committee had noted with interest that this exemption was not maintained in section 4 of Act No. 6-96 of 6 March 1996, amending and supplementing certain provisions of the Act of 15 March 1975 which establishes the Labour Code for the People’s Republic of the Congo.

The Committee had noted the Government’s statement to the effect that a multi-party system had been introduced and the National People’s Army had been replaced by the Congolese Armed Forces, undergoing restructurization. However, the latest report contained no information regarding the tasks carried out by recruits in the application of the provisions of Act No. 16 of 1981 with respect to compulsory national service.

The Committee again requests the Government to provide information on the effect given in practice to the provisions of Act No. 16 of 27 August 1981, to supply a copy of the Decree adopted under section 12 of this Act and to indicate the measures taken or envisaged to ensure compliance with the Convention on this matter.

4.  In its previous comments, the Committee had referred to section 17 of Act No. 31-80 of 16 December 1980 on guidance for youth under which the party and mass organizations would gradually establish the full conditions for the formation of youth brigades and the organization of youth workshops where young people would be employed.

The Committee had noted that a draft text relating to voluntary work by young people was in the process of being approved and had requested precise information on the nature of the work carried out, the number of persons concerned and the duration and conditions of employment.

The Committee had noted the Government’s indication that these practices fell into abeyance with the advent of democracy in 1991, the immediate consequence of which was the introduction of a political pluralism. The Committee had noted that the report did not indicate whether Act No. 31-80 was still in force and, if so, did not contain the information requested on its application in practice.

The Committee again requests the Government to indicate the measures taken or envisaged to bring national legislation into conformity with the Convention on this subject.

5.  The Committee had been informed that traditional forms of slavery continue to be practiced in the country, and in particular, forced labour by Pygmies, who were bonded for life to their Bantu owner in plantations in the north in the Ouesso district. The Committee also noted information on cases of slavery among Bantus in the port town of Point Noire. The Committee requests the Government to supply any relevant information on the situation.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

Referring to its general observation on the Convention made in its report to the 87th Session of the International Labour Conference (1999), the Committee requests the Government to supply information on the current situation in law and in practice with regard to the following matters:

(i) whether there are prisons administered by private concerns, profit-making or otherwise;

(ii) whether any private prison contractors deploy prisoners to work either inside or outside prison premises, either for the account of the contractor or for that of another enterprise;

(iii) whether private parties are admitted by the prison authorities into prison premises of any kind for the purpose of engaging prisoners in employment;

(iv) whether employment of prisoners outside prison premises, either for a public authority or for a private enterprise, is allowed;

(v) the conditions in which employment under any of the above conditions takes place, in respect of remuneration (indicating the level and comparing it with minimum wage normally applicable to such work), benefits accruing (such as pension rights and workers' compensation), observance of occupational safety and health legislation and other conditions of employment (e.g. through labour inspection), and how those conditions are determined;

(vi) what the source of any remuneration is (whether from public or private funds) and for what purposes it must or may be applied (e.g. for the personal use of the prisoner or if it is subject to compulsory deductions);

(vii) for whose benefit is the product of prisoners' work and any surplus profit deriving from it, after deduction of overheads, and how it is disbursed;

(viii) how the consent of the prisoners concerned is guaranteed, so that it is free from the menace of any penalty, including any loss of privileges or other disadvantages following from a refusal to work.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes that the report transmitted by the Government in 1999 contains no responses to the Committee's previous comments. Consequently, the Committee is bound to reiterate its 1997 comments on the following points:

1. Since 1961, the Committee had requested the Government to repeal Act No. 24-60 of 11 May 1960, which permits the requisitioning of persons to undertake work of public interest that is not confined to cases of emergency and which imposes penalties of imprisonment ranging from one month to one year in the event of refusal.

The Committee noted that, after having long indicated its intention of repealing the above Act, the Government had stated that it was prepared only to restrict its scope to cases of emergency as laid down in Article 2, paragraph 2(d), of the Convention.

The Committee again requests the Government to take the necessary measures to ensure respect for the Convention on this point and to indicate progress made in this direction.

2. In its previous comments, the Committee had noted that the Government may call upon the population to perform certain sanitation work. The Government had indicated that this practice derived from section 35 of the Statutes of the Congolese Labour Party. In its latest report, the Government had indicated that mobilization of the population for work of collective interest - a practice which was in force at the time of the single-party system - no longer existed, pointing out that such tasks (weeding, sanitation work) were now carried out on a voluntary basis by associations and by the employees of the State and local communities.

The Committee again requests the government to indicate the measures taken or envisaged to establish in law or through regulations the voluntary nature of the work performed by the population, so as to ensure effective observance of the Convention.

3. Article 2, paragraph 2(a). On several occasions, the Committee had drawn the Government's attention to section 4 of Act No. 11-66 of 22 June 1966 establishing the National People's Army and section 1 of Act No. 16 of 27 August 1981 introducing compulsory national service. The former provides that the Army must actively participate in the tasks of economic construction for productive economic enterprise and the latter stipulates that national service, which comprises both military and civic service, enables every citizen to take part in the defence and construction of the nation.

The Committee had drawn the Government's attention to Article 2, paragraph 2(a), of the Convention which provides that work or service exacted in virtue of compulsory military service laws is excluded from the scope of the Convention only when it is performed for work of a purely military nature. The work exacted from recruits as part of national service, including work related to national economic development was not work of a purely military character and the Committee had referred in this connection to paragraphs 24 to 33 and 49 to 62 of its 1979 General Survey on the abolition of forced labour.

In regard to section 4 of Act No. 45/75 of 15 March 1975 which exempted from the prohibition of forced or compulsory labour, inter alia, "obligations arising out of the civic service for youth", the Committee had noted with interest that this exemption was not maintained in section 4 of Act No. 6-96 of 6 March 1996, amending and supplementing certain provisions of the Act of 15 March 1975 which establishes the Labour Code for the People's Republic of the Congo.

The Committee had noted the Government's statement to the effect that a multi-party system had been introduced and the National People's Army had been replaced by the Congolese Armed Forces, undergoing restructurization. However, the latest report contained no information regarding the tasks carried out by recruits in the application of the provisions of Act No. 16 of 1981 with respect to compulsory national service.

The Committee again requests the Government to provide information on the effect given in practice to the provisions of Act No. 16 of 27 August 1981, to supply a copy of the Decree adopted under section 12 of this Act and to indicate the measures taken or envisaged to ensure compliance with the Convention on this matter.

4. In its previous comments, the Committee had referred to section 17 of Act No. 31-80 of 16 December 1980 on guidance for youth under which the party and mass organizations would gradually establish the full conditions for the formation of youth brigades and the organization of youth workshops where young people would be employed.

The Committee had noted that a draft text relating to voluntary work by young people was in the process of being approved and had requested precise information on the nature of the work carried out, the number of persons concerned and the duration and conditions of employment.

The Committee had noted the Government's indication that these practices fell into abeyance with the advent of democracy in 1991, the immediate consequence of which was the introduction of a political pluralism. The Committee had noted that the report did not indicate whether Act No. 31-80 was still in force and, if so, did not contain the information requested on its application in practice.

The Committee again requests the Government to indicate the measures taken or envisaged to bring national legislation into conformity with the Convention on this subject.

5. The Committee had been informed that traditional forms of slavery continue to be practiced in the country, and in particular, forced labour by Pygmies, who were bonded for life to their Bantu owner in plantations in the north in the Ouesso district. The Committee also noted information on cases of slavery among Bantus in the port town of Point Noire. The Committee requests the Government to supply any relevant information on the situation.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes with regret that the Government's report has not been received. It refers to its previous comments concerning in particular the application of Article 2(1) and (2)(a) and (d) of the Convention. The Committee notes the political and economic difficulties in the country. It wishes to return to its examination of the application of the Convention at its next session and hopes the Government will supply a detailed report for that purpose.

[The Government is asked to report in detail in 1999.]

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

1. Since 1961, the Committee has been asking the Government to repeal Act No. 24-60 of 11 May 1960, which permits the requisitioning of persons to undertake work of public interest that is not confined to cases of emergency and imposes penalties of imprisonment ranging from one month to one year in the event of refusal.

The Committee notes that, after having long affirmed its intention of repealing the above Act, the Government now states that it is prepared only to restrict its scope to cases of emergency as laid down in Article 2, paragraph 2(d), of the Convention.

The Committee requests the Government to take the necessary measures to ensure respect for the Convention on this point and to indicate progress made in this direction.

2. In its previous comments, the Committee noted that the Government may call upon the population to perform certain sanitation work. The Government indicated that this practice derives from section 35 of the Statutes of the Congolese Labour Party. In its latest report, the Government indicates that mobilization of the population for work of collective interest -- a practice which was in force at the time of the single-party system -- no longer exists, pointing out that such tasks (weeding, sanitation work) are now carried out on a voluntary basis by associations and by the employees of the State and local communities.

The Committee once again requests the Government to indicate the measures which have been taken or are envisaged to establish in the law or in regulations the voluntary nature of the work performed by the population, so as to ensure effective observance of the Convention.

3. Article 2, paragraph 2(a).On several occasions, the Committee has drawn the Government's attention to section 4 of Act No. 11-66 of 22 June 1966 establishing the National People's Army and section 1 of Act No. 16 of 27 August 1981 introducing compulsory national service. The former provides that the Army must participate actively in the tasks of economic construction for effective production and the latter stipulates that national service is an institution intended to enable every citizen to take part in the defence and building of the nation and that it has two aspects, military service and civic service.

The Committee drew the Government's attention to Article 2, paragraph 2(a), of the Convention which provides that work or service exacted in virtue of compulsory military service laws is excluded from the scope of the Convention only when it is performed for work of a purely military nature. The work exacted from recruits as part of national service, including work related to the development of the country, is not of a purely military character. The Committee referred in this connection to paragraphs 24 to 33 and 49 to 62 of its 1979 General Survey on the abolition of forced labour.

In regard to section 4 of Act No. 45/75 of 15 March 1975 which exempted from the prohibition of forced or compulsory labour, inter alia, "obligations arising out of the civic service for youth", the Committee notes with interest that this exemption is not maintained in section 4 of Act No. 6-96 of 6 March 1996 amending and supplementing certain provisions of the Act of 15 March 1975 establishing the Labour Code for the People's Republic of the Congo.

The Committee notes the information supplied by the Government that the directing role of the single party has disappeared and that the National People's Army has been replaced by the Congolese Armed Forces which are in the process of restructuring. However, the recent report does not contain information regarding the tasks carried out by recruits in application of the provisions of Act No. 16 of 1981 on compulsory national service.

The Committee once again requests the Government to provide information on the effect given in practice to the provisions of Act No. 16 of 27 August 1981, to supply a copy of the Decree adopted under section 12 of this Act and to indicate the measures taken or envisaged to ensure compliance with the Convention on this matter.

4. In previous comments, the Committee referred to section 17 of Act No. 31-80 of 16 December 1980 on guidance for youth under which the party and the mass organizations would gradually establish the full conditions for the formation of youth brigades and the organization of youth worksites.

The Committee noted that a draft decree relating to voluntary work by young people was in the process of being approved and asked for precise information on the nature of the work carried out, the number of persons concerned and the duration and conditions of their participation.

The Committee notes the Government's indication that these practices fell into abeyance with the advent of democracy in 1991 of which the immediate consequence was the disappearance of the directing role of the single party, but notes that the report does not indicate whether Act No. 31-80 is still in force and, if so, does not contain the information requested on its application in practice.

The Committee requests the Government to indicate the measures taken or envisaged to bring national legislation into conformity with the Convention on this subject.

5. The Committee has been informed that traditional forms of slavery are practised in the country, particularly forced labour by Pygmies who are obligated for perpetuity to their Bantu patron in plantations in the north in the Ouesso district. Other information indicates that there are cases of slavery among Bantus in the port town of Pointe Noire. The Committee requests the Government to supply any relevant information which it obtains on the situation.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes 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 matters raised in its previous direct request, which read as follows:

1. In its previous comments, the Committee requested the Government to take the necessary measures to bring Act No. 24-60 of 11 May 1960, which permits the requisitioning of persons to undertake work of public interest that is not confined to cases of emergency, combined with the imposition of penalties of imprisonment of from one month to one year in the event of refusal, into conformity with the Convention.

The Committee noted that in its latest report the Government reaffirmed its intention of repealing the above Act. The Committee hopes that the Government will soon be able to report that the Act has been repealed.

2. The Government also previously referred to section 4 of the Labour Code, which exempts from the prohibition of forced or compulsory labour, inter alia, "obligations arising out of the civic service for youth".

The Committee noted that in its report the Government reiterates that the Committee's comments will be taken into account when the Labour Code is revised. The Committee hopes that the Government will be able to indicate in the near future that the necessary amendments have been adopted to ensure the observance of the Convention.

3. The Committee referred previously to Act No. 11-66 of 22 June 1966 establishing the National People's Army. Under section 4(c) of this Act, the Army must participate actively in the tasks of economic construction for effective production.

The Committee also referred to Act No. 16 of 27 August 1981 to introduce compulsory national service. It noted that national service is an institution intended to enable every citizen to take part in the defence and building of the nation and that it has two aspects, military service and civic service (section 1). The Committee also noted that the report introducing the Act, which was also published in the Official Gazette, refers to a resolution adopted by the Third Extraordinary Congress of the Congolese Labour Party, in which the Party, considering that the National People's Army, although remaining a force of security, defence and combat, must at the same time be a force for production, decided to set up compulsory national civic service with the general aim of enabling the Congolese nation to benefit, at reduced costs, from the services of the most active part of the people in economic development work.

The Committee noted that, under Article 99 of the Constitution, the National People's Army participates in the economic, cultural and social development of the country with a view to the edification of a socialist society.

The Committee drew the Government's attention to Article 2, paragraph 2(a), of the Convention which provides that work or service exacted in virtue of compulsory military service laws is excluded from the scope of the Convention only when it is performed for work of a purely military character. The work exacted from recruits as part of national service, including work related to the development of the country, is not of a purely military character. The Committee refers in this connection to paragraphs 24 to 33 and 49 to 62 of its 1979 General Survey on the Abolition of Forced Labour.

The Committee once again requests the Government to indicate the measures which have been taken or are under consideration to ensure observance of the Convention on this point.

The Committee also once again requests the Government to provide information on the effect given in practice to the provisions of Act No. 16 of 27 August 1981, and to supply a copy of the Decree adopted under section 12 of the same Act.

4. In its previous comments, the Committee noted that the Government may call upon the population to perform certain work considered necessary to the aims set in the management of the national economy. The Committee asked the Government to provide copies of the laws, regulations or other texts on which the practice described is based.

The Committee noted the Government's indications to the effect that work for economic recovery performed by the population on an occasional basis, particularly when major events are being prepared, is not based on any laws or regulations, and that this practice derives from the duty to mobilize the people, provided for in article 35 of the statutes of the Congolese Labour Party, under which the functions of the party's committees include mobilizing and educating the masses to perform constantly and zealously the revolution's tasks of transforming and building society.

The Committee noted from the indications contained in one of the Government's reports that these operations are of limited duration and are performed voluntarily when the whole population is mobilized.

The Committee once again requests the Government to indicate the measures which have been taken or are envisaged to establish in the law or in regulations the voluntary nature of the economic recovery work performed by the population, so as to ensure effective observance of the Convention.

The Committee also once again requests the Government to provide details concerning the practice in this respect, and to indicate in particular the work performed, the persons involved, and the duration and conditions of their involvement.

5. The Committee noted that under section 17 of Act No. 31-80 of 16 December 1980, to provide guidance for youth, the Party and the mass organizations are gradually to create all the conditions for the formation of youth brigades and the organization of youth work sites.

The Committee requested the Government to provide information on the effect given in practice to the Act and in particular on the number of work sites, the persons concerned and the duration and conditions of their participation.

The Committee noted the Government's indications that the provisions to give effect to the Act to provide guidance for youth have not yet been adopted, but that a draft decree respecting voluntary work by young people is in the process of being approved.

The Committee once again requests the Government to report on the progress of the above draft text and to provide a copy of the decree if it has already been adopted.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

1. In its previous comments, the Committee requested the Government to take the necessary measures to bring Act No. 24-60 of 11 May 1960, which permits the requisitioning of persons to undertake work of public interest that is not confined to cases of emergency, combined with the imposition of penalties of imprisonment of from one month to one year in the event of refusal, into conformity with the Convention.

The Committee notes that in its latest report the Government reaffirms its intention of repealing the above Act. The Committee hopes that the Government will soon be able to report that the Act has been repealed.

2. The Government also previously referred to section 4 of the Labour Code, which exempts from the prohibition of forced or compulsory labour, inter alia, "obligations arising out of the civic service for youth".

The Committee notes that in its report the Government reiterates that the Committee's comments will be taken into account when the Labour Code is revised. The Committee hopes that the Government will be able to indicate in the near future that the necessary amendments have been adopted to ensure the observance of the Convention.

The Committee notes that the Government's report does not contain information on the following points raised in its previous direct request:

3. The Committee referred previously to Act No. 11-66 of 22 June 1966 establishing the National People's Army. Under section 4(c) of this Act, the Army must participate actively in the tasks of economic construction for effective production.

The Committee also referred to Act No. 16 of 27 August 1981 to introduce compulsory national service. It noted that national service is an institution intended to enable every citizen to take part in the defence and building of the nation and that it has two aspects, military service and civic service (section 1). The Committee also noted that the report introducing the Act, which was also published in the Official Gazette, refers to a resolution adopted by the Third Extraordinary Congress of the Congolese Labour Party, in which the Party, considering that the National People's Army, although remaining a force of security, defence and combat, must at the same time be a force for production, decided to set up compulsory national civic service with the general aim of enabling the Congolese nation to benefit, at reduced costs, from the services of the most active part of the people in economic development work.

The Committee noted that, under Article 99 of the Constitution, the National People's Army participates in the economic, cultural and social development of the country with a view to the edification of a socialist society.

The Committee drew the Government's attention to Article 2, paragraph 2(a), of the Convention which provides that work or service exacted in virtue of compulsory military service laws is excluded from the scope of the Convention only when it is performed for work of a purely military character. The work exacted from recruits as part of national service, including work related to the development of the country, is not of a purely military character. The Committee refers in this connection to paragraphs 24 to 33 and 49 to 62 of its 1979 General Survey on the Abolition of Forced Labour.

The Committee once again requests the Government to indicate the measures which have been taken or are under consideration to ensure observance of the Convention on this point.

The Committee also once again requests the Government to provide information on the effect given in practice to the provisions of Act No. 16 of 27 August 1981, and to supply a copy of the Decree adopted under section 12 of the same Act.

4. In its previous comments, the Committee noted that the Government may call upon the population to perform certain work considered necessary to the aims set in the management of the national economy. The Committee asked the Government to provide copies of the laws, regulations or other texts on which the practice described is based.

The Committee noted the Government's indications to the effect that work for economic recovery performed by the population on an occasional basis, particularly when major events are being prepared, is not based on any laws or regulations, and that this practice derives from the duty to mobilize the people, provided for in article 35 of the statutes of the Congolese Labour Party, under which the functions of the party's committees include mobilizing and educating the masses to perform constantly and zealously the revolution's tasks of transforming and building society.

The Committee noted from the indications contained in one of the Government's reports that these operations are of limited duration and are performed voluntarily when the whole population is mobilized.

The Committee once again requests the Government to indicate the measures which have been taken or are envisaged to establish in the law or in regulations the voluntary nature of the economic recovery work performed by the population, so as to ensure effective observance of the Convention.

The Committee also once again requests the Government to provide details concerning the practice in this respect, and to indicate in particular the work performed, the persons involved, and the duration and conditions of their involvement.

5. The Committee noted that under section 17 of Act No. 31-80 of 16 December 1980, to provide guidance for youth, the Party and the mass organizations are gradually to create all the conditions for the formation of youth brigades and the organization of youth work sites.

The Committee requested the Government to provide information on the effect given in practice to the Act and in particular on the number of work sites, the persons concerned and the duration and conditions of their participation.

The Committee noted the Government's indications that the provisions to give effect to the Act to provide guidance for youth have not yet been adopted, but that a draft decree respecting voluntary work by young people is in the process of being approved.

The Committee once again requests the Government to report on the progress of the above draft text and to provide a copy of the decree if it has already been adopted.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes 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:

1. Article 2, paragraph 2(d), of the Convention. In comments that it has been making for some years, the Committee referred to section 3 of Act No. 24-60 of 11 May 1960 providing that the inhabitants of districts lacking roads suitable for mechanised transport may be required to perform any work in the public interest which appears necessary either to the Government's exercise of authority or to meeting the region's economic, health or social needs. In districts where difficulties of access are seasonal, the exercise of the right to requisition is confined to the duration of the difficulties. The power of requisition may also be used in areas which have roads suitable for motor transport but lack motorised vehicles, exercise of the power then being limited to cases of urgent necessity. Under section 7 of this Act, failure to comply with a requisition may be punished with imprisonment of from one month to one year. The Committee noted that these possibilities of requisitioning labour for any work in the public interest are not confined to the cases of emergency defined in Article 2, paragraph 2(d), of the Convention. The Government stated that the provisions in question have never been applied and that it would consider, at a later time, the possibility of confining the scope of section 3 of Act No. 24-60 of 11 May 1960 to cases of emergency.

The Committee noted the Government's statement that the repeal of Act No. 24-60 of 11 May 1960 is envisaged.

The Committee trusts that the Government will shortly take the necessary measures to bring the legislation into conformity with the practice described and with the Convention on this point.

2. The Committee referred previously to Act No. 11-66 of 22 June 1966 establishing the National People's Army. Under section 4(c) of this Act, the Army must participate actively in the tasks of economic construction for effective production.

The Committee also referred to Act No. 16 of 27 August 1981 to introduce compulsory national service. It noted that national service is an institution intended to enable every citizen to take part in the defence and building of the nation and that it has two aspects, military service and civic service (section 1). The Committee also noted that the report introducing the Act, also published in the Official Gazette, refers to a resolution adopted by the Third Extraordinary Congress of the Congolese Labour Party, in which the Party, considering in particular that the National People's Army, although it remained a force of security, defence and combat, must at the same time be a force for production, decided to set up compulsory national civic service with the general aim of enabling the Congolese nation to benefit, at reduced costs, by the services of the most active part of the people in economic development work.

The Committee noted that, under article 99 of the Constitution, the National People's Army participates in the economic, cultural and social development of the country with a view to the edification of a socialist society.

The Committee drew the Government's attention to Article 2, paragraph 2(a), of the Convention, which provides that work or service exacted in virtue of compulsory military service laws is excluded from the scope of the Convention only when it is performed for work of a purely military character. The work exacted from recruits as part of national service, including work related to the development of the country, is not of a purely military nature. The Committee referred in this connection to paragraphs 24 to 33 and 49 to 62 of its General Survey of 1979 on the Abolition of Forced Labour.

The Committee again asks the Government to indicate the measures taken or under consideration to ensure observance of the Convention on this point.

The Committee also again asks the Government to provide information on the practical effect given to the provisions of Act No. 16 of 27 August 1981, and to supply a copy of the Decree adopted under section 12 of the same Act.

3. In its earlier comments, the Committee noted that civic service for young persons had been abolished by Decree No. 65-145 of 25 May 1965, and asked the Government to indicate the measures taken or under consideration to amend accordingly section 4 of the Labour Code of 1975, which exempts from the prohibition of forced or compulsory labour, inter alia, "obligations arising out of the civic service for youth".

The Committee noted the Government's indication that section 4 of the Labour Code will be examined as part of the general revision of the Labour Code.

The Committee again asks the Government to report on the progress of the above revision.

4. In its previous comments, the Committee noted that the Government may call upon the population to perform certain work considered necessary to the aims set in the management of the national economy. The Committee asked the Government to provide copies of the laws, regulations or other texts on which the practice described is based.

The Committee noted the Government's indications to the effect that work for economic recovery performed by the population on an occasional basis, particularly when major events are being prepared, is not based on any laws or regulations, and that this practice derives from the duty to mobilise the people, provided for in article 35 of the statutes of the Congolese Labour Party, under which the functions of the Party's committees include mobilising and educating the masses to perform constantly and zealously the revolution's tasks of transforming and building society.

The Committee noted from the indications contained in one of the Government's reports that these operations are of limited duration and are performed voluntarily when the whole population is mobilised.

The Committee again asks the Government to indicate the measures taken or envisaged to establish in the law or in regulations the voluntary nature of the economic recovery work performed by the population, so as to ensure effective observance of the Convention.

The Committee also again asks the Government to provide details concerning practice in this respect, indicating in particular the work performed, the persons involved, and the duration and conditions of their involvement.

5. The Committee noted that under section 17 of Act No. 31-80 of 16 December 1980 to provide guidance for youth, the Party and the mass organisations are gradually to create all the conditions for the formation of youth brigades and the organisation of youth work-sites.

The Committee asked the Government to provide information on the practical application given to the Act, in particular on the number of work-sites, the persons concerned and the duration and conditions of their participation.

The Committee noted the Government's indication that the provisions to give effect to the Act to provide guidance for youth have not been adopted, but that a draft decree respecting voluntary work by young people is in the process of being approved.

The Committee again asks the Government to report on the progress of the above draft and to provide a copy of the decree if it has already been adopted.

6. The Committee took note of a document on the WFP Congo project - 3046, "Assistance to operation village centres". It noted that a text to regulate the participation of young people in development activities in accordance with procedures which are in keeping with international labour standards, was to be adopted within the six months following the signature of the plan of operations.

The Committee again asks the Government to indicate whether this text has been adopted and, if so, to provide a copy of it.

7. The Committee noted the Government's indications concerning acceptance of applications to resign from public servants and career members of the armed forces.

The Committee also noted the indications concerning the general conditions for the recruitment of teachers.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

1. Article 2, paragraph 2(d), of the Convention. In comments that it has been making for some years, the Committee referred to section 3 of Act No. 24-60 of 11 May 1960 providing that the inhabitants of districts lacking roads suitable for mechanised transport may be required to perform any work in the public interest which appears necessary either to the Government's exercise of authority or to meeting the region's economic, health or social needs. In districts where difficulties of access are seasonal, the exercise of the right to requisition is confined to the duration of the difficulties. The power of requisition may also be used in areas which have roads suitable for motor transport but lack motorised vehicles, exercise of the power then being limited to cases of urgent necessity. Under section 7 of this Act, failure to comply with a requisition may be punished with imprisonment of from one month to one year. The Committee noted that these possibilities of requisitioning labour for any work in the public interest are not confined to the cases of emergency defined in Article 2, paragraph 2(d), of the Convention. The Government stated that the provisions in question have never been applied and that it would consider, at a later time, the possibility of confining the scope of section 3 of Act No. 24-60 of 11 May 1960 to cases of emergency.

The Committee notes the Government's statement that the repeal of Act No. 24-60 of 11 May 1960 is envisaged.

The Committee trusts that the Government will shortly take the necessary measures to bring the legislation into conformity with the practice described and with the Convention on this point.

2. The Committee referred previously to Act No. 11-66 of 22 June 1966 establishing the National People's Army. Under section 4(c) of this Act, the Army must participate actively in the tasks of economic construction for effective production.

The Committee also referred to Act No. 16 of 27 August 1981 to introduce compulsory national service. It noted that national service is an institution intended to enable every citizen to take part in the defence and building of the nation and that it has two aspects, military service and civic service (section 1). The Committee also noted that the report introducing the Act, also published in the Official Gazette, refers to a resolution adopted by the Third Extraordinary Congress of the Congolese Labour Party, in which the Party, considering in particular that the National People's Army, although it remained a force of security, defence and combat, must at the same time be a force for production, decided to set up compulsory national civic service with the general aim of enabling the Congolese nation to benefit, at reduced costs, by the services of the most active part of the people in economic development work.

The Committee notes that, under article 99 of the Constitution, the National People's Army participates in the economic, cultural and social development of the country with a view to the edification of a socialist society.

The Committee draws the Government's attention to Article 2, paragraph 2(a), of the Convention, which provides that work or service exacted in virtue of compulsory military service laws is excluded from the scope of the Convention only when it is performed for work of a purely military character. The work exacted from recruits as part of national service, including work related to the development of the country, is not of a purely military nature. The Committee refers in this connection to paragraphs 24 to 33 and 49 to 62 of its General Survey of 1979 on the Abolition of Forced Labour.

The Committee asks the Government to indicate the measures taken or under consideration to ensure observance of the Convention on this point.

The Committee also asks the Government to provide information on the practical effect given to the provisions of Act No. 16 of 27 August 1981, and to supply a copy of the Decree adopted under section 12 of the same Act.

3. In its earlier comments, the Committee noted that civic service for young persons had been abolished by Decree No. 65-145 of 25 May 1965, and asked the Government to indicate the measures taken or under consideration to amend accordingly section 4 of the Labour Code of 1975, which exempts from the prohibition of forced or compulsory labour, inter alia, "obligations arising out of the civic service for youth".

The Committee notes from the Government's report that section 4 of the Labour Code will be examined as part of the general revision of the Labour Code.

The Committee asks the Government to report on the progress of the above revision.

4. In its previous comments, the Committee noted that the Government may call upon the population to perform certain work considered necessary to the aims set in the management of the national economy. The Committee asked the Government to provide copies of the laws, regulations or other texts on which the practice described is based.

The Committee notes the Government's indications to the effect that work for economic recovery performed by the population on an occasional basis, particularly when major events are being prepared, is not based on any laws or regulations, and that this practice derives from the duty to mobilise the people, provided for in article 35 of the statutes of the Congolese Labour Party, under which the functions of the Party's committees include mobilising and educating the masses to perform constantly and zealously the revolution's tasks of transforming and building society.

The Committee noted from the indications contained in one of the Government's reports that these operations are of limited duration and are performed voluntarily when the whole population is mobilised.

The Committee asks the Government to indicate the measures taken or envisaged to establish in the law or in regulations the voluntary nature of the economic recovery work performed by the population, so as to ensure effective observance of the Convention.

The Committee also asks the Government to provide details concerning practice in this respect, indicating in particular the work performed, the persons involved, and the duration and conditions of their involvement.

5. The Committee noted that under section 17 of Act No. 31-80 of 16 December 1980 to provide guidance for youth, the Party and the mass organisations are gradually to create all the conditions for the formation of youth brigades and the organisation of youth work-sites.

The Committee asked the Government to provide information on the practical application given to the Act, in particular on the number of work-sites, the persons concerned and the duration and conditions of their participation.

The Committee notes from the Government's report that the provisions to give effect to the Act to provide guidance for youth have not been adopted, but that a draft decree respecting voluntary work by young people is in the process of being approved.

The Committee asks the Government to report on the progress of the above draft and to provide a copy of the decree if it has already been adopted.

6. The Committee takes note of a document on the WFP Congo project - 3046, "Assistance to operation village centres". It notes that a text to regulate the participation of young people in development activities in accordance with procedures which are in keeping with international labour standards, was to be adopted within the six months following the signature of the plan of operations.

The Committee asks the Government to indicate whether this text has been adopted and, if so, to provide a copy of it.

7. The Committee notes the Government's indications concerning acceptance of applications to resign from public servants and career members of the armed forces.

The Committee also notes the indications concerning the general conditions for the recruitment of teachers.