Forced Labour Convention, 1930 (No. 29) - Democratic Republic of the Congo (Ratification: 1960)

Individual Case (CAS) - Discussion: 2014, Publication: 103rd ILC session (2014)



A Government representative noted that the observation of the Committee of Experts referred to massive violations of human rights which were perpetrated by armed groups in the Orientale Province, North and South Kivu and North Katanga. The Government was the first to condemn the violations which had occurred when those territories were under the control of armed groups. Since then, with the support of the United Nations Organization Stabilization Mission in the Democratic Republic of Congo (MONUSCO), the regular army had taken back those territories, and the Government had initiated judicial proceedings and organized trials resulting in severe convictions of the perpetrators of those crimes. As regards compensation for the victims, the criminals convicted did not have the necessary resources to pay that compensation. The Government called for the cooperation of the international community to grant compensation to the victims, provided that they lodged a complaint and instigated legal proceedings. The Government reaffirmed its commitment to prosecute those who had violated human rights and to put an end to the impunity. In that context, a bill repealing earlier legislation authorizing recourse to forced labour for purposes of national development was before the Parliament. The text would be sent to the Committee of Experts as soon as it had been adopted.

The Worker members recalled that this was the second time that the Committee had been called upon to examine the case and that, in 2011, no Government representative had come forward. The Committee of Experts once again noted massive violations of the Convention in the region, which was rich in natural resources, especially in the mines in the regions of North Kivu, the Orientale Province of Katanga and East Kasai. Forced labour was on the increase in the eastern part of the country, which was in the grip of war, and the Government’s attempts to curb it were too limited to be credible. As highlighted by various United Nations Special Rapporteurs, both illegal armed groups and the regular armed forces resorted to forced labour and sexual slavery. Rape, in particular, had become a weapon of war. Men and women from 10 to 40 years of age were subjected to forced labour in quarries, in flagrant violation of the provisions of Convention No. 29, especially Article 25, which required that the exaction of forced labour be effectively punishable as a penal offence. Women, girls and boys were abducted and forced to engage in timber cutting, gold mining and agricultural production for armed groups, which also forcefully recruited porters, domestic workers and bodyguards as combatants. Those actions could particularly be attributed to the Lord’s Resistance Army (LRA) and the Democratic Forces of the Liberation of Rwanda (FDLR), as well as to M23 rebels. The Committee of Experts had also referred to the need to repeal legislation allowing the exaction of labour for national development purposes as a means of collecting unpaid taxes and by persons in preventive detention. The Government had indicated that those texts were obsolete and had been repealed de facto, but, in order to guarantee legal certainty, they should be officially repealed by law. In the same way as the Committee of Experts, the Worker members considered that the Government should take measures as a matter of urgency to bring an end to the practices of forced labour and sexual slavery involving civilians, and should ensure that the perpetrators of those violations were brought to justice and the victims compensated.

The Employer members recalled that the Conference Committee had addressed the case in 2011 and that the Committee of Experts had addressed it 19 times since 1991. The Committee of Experts had noted with great concern the plight of men and women who were being used in forced labour situations and, as the Government had confirmed, as sex slaves, particularly in areas of armed conflict. The Committee of Experts had also noted the inadequacy of legal provisions establishing sufficiently dissuasive criminal sanctions against perpetrators of forced labour. While the Employer members did not always agree with the comments made by the Committee of Experts on the Convention, they did agree in the present case, which dealt with serious violations of human rights. Women and children were being forced to work in mines and fields and to transport ammunition and other supplies on behalf of various armed groups. Women were also being forced to become sex slaves and domestic workers. Reports suggested that those violations were being perpetrated by rebel groups and rogue elements of regular forces. While the nature of the conflict was complex, legal security was a right of all citizens and more was expected of the Government. Violators should be apprehended and punished. The Employer members commended the Government for its recent information concerning the prosecution of members of the regular forces for cases of rape in conflict areas. However, more could and should be done to protect the human rights of vulnerable members of society. The Government should have sufficient labour inspectors to inspect zones, such as mining areas, where children and women were reportedly used in forced labour situations, particularly in view of its ratification of the Labour Inspection Convention, 1947 (No. 81) in 1968. The Committee of Experts had also noted the inadequacy of criminal sanctions, which contravened Article 25 of Convention No. 29. Although the Labour Code established sanctions of imprisonment or fines, it only provided for imprisonment for up to six months for instances of forced labour, which was inadequate and not dissuasive. They noted with some degree of cautious optimism the Government’s report that the law was being amended to provide for sanctions in line with the Convention, and the information provided to the Conference that a bill was currently being prepared and would be put before the Parliament in the near future. Nevertheless, that information had already been provided by the Government in 2011 and a sense of urgency was needed. The Committee of Experts had also noted concerns in the legislation which required minimum personal contributions related to national development programmes, as well as legislation which authorized persons in preventive detention to be subjected to compulsory labour. The Employer members commended the Government for addressing those provisions in the amendments, which it had conceded were contrary to the Convention. Further, while the issue of human rights abuses was central, and protection for victims was needed, the Employer members also noted the concern that some businesses operating in the country could be subjected to trade sanctions or reluctant trade partners because, in supply chains, businesses had to demonstrate that their operations were conducted in areas which observed international labour standards. They firmly urged the Government to avail itself of all forms of ILO assistance, technical or otherwise, in order to address all contraventions of Convention No. 29.

The Worker member of the Democratic Republic of the Congo stated that the incidence of forced labour was increasing, particularly in the east of the country, which was in the grip of violent conflict, but the Government was not taking sufficient steps to combat the violations perpetrated by both rebel and government forces. The resurgence of sexual slavery and rape was a source of particular concern. The forced recruitment of child soldiers by armed groups was persisting, but the Government was not imposing any effective penalties to stop it. Moreover, the victims of forced labour were also being trafficked for domestic slavery, prostitution or work in agriculture, both within the country as well as to Angola, South Africa, eastern Africa, the Middle East and Europe. All of those occurrences were made worse by the impunity enjoyed by the perpetrators. Existing laws had not been reinforced by the incorporation of effective penalties. The Government should show more determination to investigate, prosecute and penalize the imposition of forced labour. Apart from restoring public safety with the support of MONUSCO, the Government also had to strengthen programmes for the rehabilitation of victims, build sufficient numbers of schools, recruit teachers and provide essential medical assistance. It was well known that the profits from the exploitation of mineral resources – which were used, for example, in the manufacture of mobile phones – helped to fuel the conflict and that criminal gangs made use of forced labour to exploit those resources. It was up to enterprises, as part of corporate social responsibility, to take action against forced labour or child labour in their production chains.

The Employer member of the Democratic Republic of the Congo confirmed the statements which had been made by the Government. With the support of MONUSCO, the Government had taken effective action since 2013 in order to stop the abovementioned atrocities in the eastern part of the country. With respect to the legislation questioned by the Committee of Experts, the law to repeal it was before Parliament and it should be adopted before the end of the year. The Government’s appeal for the solidarity of the international community for the compensation for victims must be heard.

An observer representing Education International expressed her organization’s grave concern for the fate of the children who were deprived of schooling and who were victims of forced labour and sexual exploitation. Schools were destroyed or used for military purposes. Children recruited by armed groups were both witnesses and perpetrators of the worst abuses. Massive population displacements had increased the number of children who were living in the street and at risk of becoming victims of exploitation. The fundamental right to children’s safety education in the Democratic Republic of the Congo must be restored. To that end, the Government must be urged to ensure the protection of students and teachers, to end impunity for the perpetrators, to ensure the reintegration of children in the education system and to create orphanages for children who had lost their families. The Government should receive technical assistance from the Office to establish an appropriate normative framework which would effectively prohibit the recruitment and exploitation of children, in particular that by the armed forces.

The Government member of Canada indicated that, despite a slight improvement in the country’s security since the defeat of the M23 rebels at the end of 2013, the human rights situation remained a concern. Abundant natural resources attracted militias and armed groups – and sometimes units of the Government’s armed forces – who were engaged in forced labour against the population, which included the forced recruitment of adults and children to work in mines or sexual slavery and other forms of forced labour contrary not only to Convention No. 29 but also to the Worst Forms of Child Labour Convention, 1999 (No. 182). Canada echoed the Committee of Experts’ request to the Government of the Democratic Republic of the Congo to take action to end forced labour by improving access to justice and by ensuring that perpetrators were prosecuted and punished and that victims were compensated. The Committee of Experts had also requested the Government to amend its legislation to bring it into line with the requirements of the Convention.

The Worker member of Italy, speaking also on behalf of the Worker members from Switzerland, indicated that almost half a million workers were exposed to forced labour or slavery in the Democratic Republic of the Congo, one of the most common forms of which was debt bondage in the mining sector. There was also an alarming level of violence, especially sexual violence against women and children in the context of forcible recruitment or armed conflicts. One of the root causes of those forced labour practices was lack of accountability and impunity. Law enforcement was weak in the mining areas of the eastern part of the country, especially in cases in which military or security officers protected their staff against investigations or court proceedings. The military justice system remained weak and susceptible to interference by military or political decision makers. The victims were rarely compensated, even when the State was ordered to do so for violations by state agents. Judges, prosecutors and investigators often lacked adequate training and resources. Although articles 16 and 61 of the Constitution prohibited forced labour and slavery, including imprisonment for debt, neither the Penal Code nor the Labour Code provided for sufficiently dissuasive sanctions. Those dissuasive sanctions must be imposed in order to overcome the culture of impunity that perpetuated the country’s humanitarian crisis, which had continued over the past two decades, particularly in the eastern part of the country, resulting in the deaths of an estimated 5 million people. That impunity must be ended and justice must be ensured for those crimes against humanity.

The Government member of Cameroon, while agreeing with the previous speakers that forced labour of women and children could not be tolerated, wished to place the facts in the security context. As had already been noted, it was often rebel factions who were responsible for forced recruitment and sexual violence. Despite its limited military resources, the Government of the Democratic Republic of the Congo had long been committed to responding to that security challenge. For its part, the Government of Cameroon, which had organized a summit on safety in the Gulf of Guinea at the beginning of 2014, considered that action against forced labour was inseparable from the fight against terrorism, since the former was a manifestation of the latter. Moreover, certain proposed measures were dubious. The speaker queried whether more criminal penalties should be imposed when that might lead to overpopulation of the prisons, or whether labour inspectors should be assigned to conflict zones. The top priority had to lie in restoring peace and safety for the population and combating terrorism with the support of the international community, including technical assistance from the Office.

The Worker member of Uganda stated that the Government’s effort to eradicate forced labour had not been sufficiently broad or pragmatic. The incidence of forced labour had been, and continued to be, exacerbated by avoidable conflict, and women, children and migrants constituted 70 per cent of the victims. Many children were forced into forced labour in mines as domestic help and porters and about 2,500 children had reportedly been forcefully recruited as child soldiers. About 6,000 women had reportedly been forced into bonded labour to work in farms, turned into sex slaves and trafficked into other countries to work as prostitutes or domestic workers. Approximately 400 women were reportedly raped daily, with 85 per cent occurring in the conflict areas. The Government needed to pursue well-articulated and broad rescue, rehabilitation and empowerment programmes, and should commit to using education policy to rehabilitate children from all forms of forced labour practices. Social and economic empowerment of women victims would go a long way to improve their chances of recovery and a new future. The Government should commit to that.

The Government member of Switzerland stated that his country was aware of the complexity of the situation in the Democratic Republic of the Congo and was extremely concerned by the serious violations of human rights that persisted there. The sexual slavery of women and children, as well as the violence against civilians to force them to work, were among the worst violations of the Convention. Switzerland was also deeply worried about the incidence of child labour in the mining sector. It therefore supported the recommendations of the Committee of Experts and reiterated its recommendations made recently at the 19th Session of the Human Rights Council Universal Periodic Review Working Group, in which it urged the Government to take measures as a matter of urgency to bring an end to physical and sexual violence, including violence perpetrated to coerce civilians into forced labour, and to strengthen the judiciary. Switzerland acknowledged the progress made in that area, such as the creation of the National Human Rights Commission, the adoption of texts regulating the Court of Cassation, the Council of State and Constitutional Court, and the bill providing for the establishment of specialized chambers to penalize human rights violations that had been committed during the past 20 years. It encouraged the Government to continue on that course.

The Government representative expressed his appreciation to all speakers for their contribution to the discussion on the application of Convention No. 29 in his country. As the Government had restored its authority over the territories formerly controlled by armed groups, the facts which had been mentioned were largely in the past. The protection of civilians was part of that process of restoration of the State´s authority and the Government had deployed, for that purpose, brigades of specialized police, such as local brigades, with the cooperation of the Belgium Government. Child soldiers were demobilized and reintegrated into the school system. The construction of 1,000 new schools was expected by the end of 2016. It was also planned to recruit and train 1,000 new labour inspectors and to radically reform the judiciary. Despite the complexity of the situation, the Government was sparing no efforts to end human rights violations.

The Worker members thanked the Government and the other speakers for the information provided. The Worker member of the Democratic Republic of the Congo had emphasized that there were economic interests behind that highly alarming situation. While forced labour continued to prevail, and had even increased in the east of the country, the Government’s efforts to counter it were too weak to be credible. The conflicts which affected the country and its neighbours were not an excuse for inaction. The Government should commit to taking measures on: prevention in consultation with the social partners; the involvement of the Labour Inspectorate, especially in mines in the regions of North Kivu, Orientale Province, Katanga and East Kasai; and identification, protection and rehabilitation of victims, particularly women and children. Measures should be taken as a matter of urgency to strengthen the Labour Inspectorate and ensure its close cooperation with police and the judiciary system. Genuinely dissuasive penalties should be introduced into the Labour Code and the provisions that contravened the Convention should be repealed. The Government should request an Office technical assistance mission to provide the necessary support.

The Employer members expressed their appreciation concerning the difficulties of policing a troubled zone of conflict. Nevertheless, that did not provide an excuse for failing to take measures to protect the vulnerable members of the population. The Government was urged to finalize its new bill in order to harmonize national law with Article 25 of the Convention by providing sufficiently dissuasive criminal sanctions. Referring to the Government’s comment that the victims of forced labour and sex slavery needed to identify themselves for retribution, the Employer members noted that it might be difficult for the victims to do so, partly for fear of reprisals and fear of stigmatization. The Government was urged to put measures in place to protect victims and make access to justice possible. The regular forces should be specially trained to be deployed to areas to assist victims in coming forward. In addition, education on victims’ rights should be provided. The Employer members urged the Government to request all forms of ILO assistance that would help remedy the situation.

Individual Case (CAS) - Discussion: 2011, Publication: 100th ILC session (2011)

The Employer members regretted that the Government had not appeared before the Committee. This was the first time the Committee discussed this case. The fact that since 1991 the Committee of Experts had addressed this issue on 14 occasions and that this year the case was given a double footnote, demonstrated the severity of the case. The Government did seem to have submitted a report on the application of the Convention, which was not the case in past years.

With regard to Articles 1 and 2, the Committee of Experts pointed out serious violations. The United Nations High Commissioner for Human Rights reported that state security forces and armed groups were at the origin of forced labour and sexual exploitation. In the Kivus Province armed groups and military units were engaged in mining and forced civilians to work. These civilians were subjected to blackmail, illegal taxation and sexual exploitation. Women and girls were kept by both armed groups and the state military as sexual slaves and suffered further violence. The situation caused great concern and the Employer members urged the Government to stop immediately the violations of the Convention.

With regard to Article 25 of the Convention, the current legislation, including the Penal Code (as amended up to 2004), did not contain sufficient deterrent penalties. The Government maintained that the laws of 1971 and 1976, which allowed for the exaction of forced labour for national development purposes, were no longer applied and that the Constitution of 2006 and the Labour Code of 2002 prohibited the use of forced labour. There was however no legal certainty, as long as conflicting laws were in force. The Employer members insisted that the Government reply as soon as possible to the questions raised by the Committee of Experts in the direct request relating to forced labour in cases of vagrancy, “pygmies” as victims of forced labour and the possibility for judges to resign. They urged the Government to repeal the laws which were not in compliance with the Convention and recommended the Government to request the technical assistance of the Office and to provide, as soon as possible, information as regards the measures taken.

The Worker members began by strongly deploring the attitude of the Government, which had not deigned to come to the Committee to provide explanations. They recalled that this case related, among other aspects, to situations of sexual slavery and collective rape carried out systematically in a part of the world that was awash with raw materials. The reports from the Office of the United Nations High Commissioner for Human Rights emphasized that in all the regions of the country, both those in which hostilities had recommenced and those spared by conflict, the State security forces and other armed groups had recourse to forced labour and sexual slavery. In the Kivu mines, civilians were subject to forced labour, while the sexual exploitation of young girls and women was very frequent there.

According to trade union sources of the country, as well as non-governmental organizations, women and young girls, and to a lesser extent men and boys, continued to be the victims of rape and sexual attacks by the members of armed groups in North Kivu. Furthermore, in the territories of Walikali, Rusthuru and Masisi, women had been abducted and kept for use as sexual slaves. Indeed, over a dozen abductions a year had been recorded in 2010 and 2011. Older women who were abducted appeared to be used for domestic work, while girls were used as sexual slaves and young boys for the extraction of minerals. In that regard, the Worker members referred to several specific cases of the practices perpetrated systematically by the armed forces of the Democratic Republic of the Congo.

On 17 October 2010, over 20,000 women had marched in the streets of Bukavu to denounce the atrocities suffered by Congolese women and the attendant impunity. Reports by United Nations bodies described a highly worrying situation in view of the high level of insecurity and violence which particularly affected the Eastern part of the country. Moreover, although the Labour Code envisaged certain measures, the Committee of Experts considered that they did not penalize the crimes committed sufficiently. The Government was hiding behind legislative texts criticized by the Committee of Experts, which it claimed were no longer applicable. However, the Government’s position was contradicted by the facts. In conclusion, the Worker members urged the Government to adopt a precise timeframe for the action that it needed to take, with emphasis on the need to amend the penal legislation. The Government also needed to reinforce judicial action against persons who had recourse to forced labour and adopt a concerted approach to the elimination of sexual slavery.

The Government member of Canada first regretted the absence of the Government of the Democratic Republic of the Congo before the Committee. She stressed that the ongoing imposition of forced labour on civilians, including children, by both state security forces and armed groups, in the illegal extraction of natural resources should be halted. The many reports of rampant, and at times systematic, sexual and gender-based violence, including sexual slavery, as well as child labour, the trafficking of children and the recruitment and use of children in armed conflicts in the country was deeply disturbing. Her Government urged the authorities and all parties to respect international humanitarian law and human rights law and to protect civilians. She recognized the efforts of the Government to integrate armed groups and to professionalize its security forces and welcomed the steps taken by the Government, in cooperation with the International Criminal Court, to hold members of the security forces and armed groups accountable for serious crimes. These judicial proceedings to hold senior officers accountable for sexual violence sent a powerful signal that those crimes would not be tolerated. The Government’s commitment to finding domestic and regional solutions to the problem of the illegal exploitation of natural resources should be noted. Similarly, its commitment to the International Conference on the Great Lakes Region’s efforts to establish a regional certification mechanism should be seen as a positive step towards cutting off financial support to the armed groups. In this regard, the speaker recalled that her Government was providing financial assistance to this International Conference. Finally, she urged the Government to take immediate and effective measures to end forced labour and sexual and gender-based violence.

The Worker member of Kenya regretted that the situation described in the 2011 report of the Committee of Experts, which had referred to violations of basic human rights by the state security forces and other armed groups, continued to date. It was particularly serious in the two Kivu provinces, where illegal mining took place and where civilians were subjected to forced labour, extortion, illegal taxation and sexual exploitation. He referred in this connection to the reports by Human Rights Watch published in October 2010 and by the Free the Slaves, which had studied in detail these practices in the Eastern part of the country. He expressed particular concern over sexual violence against girls and women, who were confronted not only with indifferent or even hostile reaction from the authorities, but also with repudiation and stigmatization by their husbands and communities. They had only limited access to legal remedies due to the distance from home and their inability to cover associated costs. These situations had also been reported by the International Trade Union Confederation and Amnesty International, the former of which had reacted, deploring the cruelty and crimes.

The Worker member of South Africa pointed out that the armed conflict in the country had grave consequences for workers, women and children, which resulted in forced labour and lack of worker protection. State security forces continued to act with impunity committing many serious abuses, recruiting child soldiers and imposing forced labour on civilians. This included enslavement and discrimination against “pygmies”. The Democratic Republic of the Congo was one of the least developed countries in the world, yet the country was rich in natural resources, in particular tin, originating in the Kivu areas. Armed groups controlled the exploitation of these mines using forced labour. The speaker referred to specific aspects of the deteriorating humanitarian situation as reported by international governmental and non-governmental organizations. He called on the Government to implement the recommendations of the Committee of Experts with a view to protecting the people, in particular women, children and workers. All acts that reinforced or in some way legitimized forced labour had to be abolished. A clear law was needed describing such acts as crimes against humanity and punishable by law. The speaker finally called for the shaming and taking action against companies involved, possibly those named by the various UN reports.

The Worker member of Ghana indicated that the serious situation which had been described in the 2011 report of the Committee of Experts had not improved. The climate of lawlessness and impunity prevailed in the country, as reported in numerous reports of United Nations bodies and other organizations working on the ground. The level of insecurity, violation, rape, theft and forced labour was unacceptably high, affecting the population on a daily basis. Violations of human rights by the national security and armed forces were often reported. He indicated that at least a part of the solution to these problems was political and, therefore, was in the hands of the Government itself. He indicated that local authorities, who were often involved in the ongoing violence especially in the eastern part of the country, had to assume their responsibilities, but they took advantage of the current absence of the rule of law. He called on the Government to react without delay to the ongoing sexual violence and other crimes to protect the population, to expand and strengthen the rule of law and the legitimate authority of the state, and to provide essential services to the population. He was of the view that without these priorities being met, there would be no possibility to apply the national legislation. He emphasized that it was important for the Conference Committee to send a very strong signal to the country in order to terminate forced labour and sexual slavery, the degree of which remained huge and the situation of which continued to be terrible.

The Employer members underlined the importance of the Convention for free labour relationships. The elimination of forced labour was a fundamental pillar of civil societies and free market economies. In the fight against forced labour many factors had to be considered; extreme poverty, armed conflict, weak government institutions, lack of information, in conjunction with education, and cultural and traditional factors. They urged the Government to provide information as soon as possible on the situation, abrogate the legislation in force which was not in compliance with the Convention and provide detailed answers to the requests of the Committee of Experts. The Employer members had hoped to hear the Government’s position. The non-appearance of the Government aggravated the situation of non-respect of the Convention and demonstrated a lack of respect towards the Office and the ILO supervisory bodies. They called for the conclusions on the case to be included in a special paragraph of the Committee’s report.

The Worker members said again that it was unfortunate that the Government had not been present during the discussion. Meanwhile, they had called on the Government, without further ado, to embark upon a reform of the country’s criminal law, to provide statistics on the number and nature of violations of the Convention, of the legal charges brought and of the sanctions imposed on the perpetrators, to repeal sections 18 to 21 of the Legislative Ordinance of 1971 on the minimum personal contribution, to bring charges against people who resorted to forced labour and sexual slavery, and to instruct the civilian and military authorities to put an end to the practice of forced labour everywhere in the country. They called on the Government to accept the ILO’s technical assistance specifically to combat forced labour, so as to ensure that its victims could rebuild their lives and find their proper place in society. Finally, they supported the call made by the Employer members for the conclusions on the case to be included in a special paragraph of the Committee’s report.

Conclusions

The Committee deeply regretted the fact that no Government representative of the Democratic Republic of the Congo had been present in the Committee to take part in the discussion, even though the Democratic Republic of the Congo was duly accredited and registered at the Conference.

The Committee recalled that the Committee of Experts in its observation had expressed its deep concern at the atrocities committed by the State security forces and other armed groups which constituted grave violations of the Convention, and particularly the imposition of forced labour on the civilian population and the sexual slavery of women and girls in mining areas. It also noted that the Committee of Experts had referred to the necessity to include in the penal legislation effective sanctions against persons who exacted forced labour, as well as the need to formally repeal certain old texts which were contrary to the Convention.

The Committee noted with concern the information provided which bore witness to the gravity of the situation and the climate of violence, insecurity and the violation of human rights which prevailed in the country, especially in North Kivu. This information confirmed that cases of the abduction of women and children, with a view to their use as sexual slaves and the exaction of forced labour, particularly in the form of domestic work, were frequent and continued to occur. Moreover, in mines, the workers were the hostages of conflicts for the exploitation of natural resources and were the victims of exploitation and abusive practices, some of which amounted to forced labour. The Committee observed that failure to comply with the rule of law, legal insecurity, the climate of impunity and the difficulties faced by victims in gaining access to justice favoured all of these practices.

The Committee recalled that the atrocities committed, among others by the armed forces, constituted grave violations of the Convention. It appealed to the Government to take urgent and concerted measures to bring such violations to an immediate end, to ensure that both civilians and the military authorities complied with the law and to bring to justice and punish persons exacting forced labour, irrespective of their rank or position. The Committee recalled in that regard the need to amend the penal legislation so as to provide for effective and dissuasive sanctions against those perpetrating such practices. It asked the Government to provide without delay statistical data on the number of violations committed, prosecution proceedings instituted and penal sanctions imposed on perpetrators.

The Committee requested the Government to provide for the next session of the Committee of Experts detailed information on the measures taken to bring an immediate end to sexual slavery and the exaction of forced labour from the civilian population in the East of the country and in mining areas and to guarantee a climate of stability and legal security in which recourse to such practices could not be legitimized or go unpunished. The Committee called upon the Government to avail itself of the technical assistance of the Office, which could help it to combat forced labour and to establish a programme of assistance to and the reintegration of victims.

Reiterating its deep regret that no Government representative had taken part in the discussion, the Committee decided to include its conclusions in a special paragraph of its report.

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In reply to the Committee’s request concerning measures taken to combat trafficking in persons, including through the adoption of legislative provisions, the Government refers in its report to the adoption of Ordinance No. 19-027 of 22 April 2019 instituting the Agency for the Prevention and Combating of Trafficking in Persons and establishing its structure and operation. The Government indicates that the objective of the Agency is to prevent and combat the practice of trafficking in persons and to raise awareness about it. The Committee notes that this Act defines trafficking in persons for the purposes of exploitation and provides that the Agency shall be competent for identifying and reporting the perpetrators of trafficking in persons, ensuring that they are prosecuted, protecting victims and participating in the formulation of public policy in this area. The Agency has to draw up an annual report on the current situation of trafficking in the country and to devise a national action plan against trafficking in persons.

The Committee also notes that according to the International Organization for Migration Global Report 2020: Operations and Emergencies, the Democratic Republic of the Congo (DRC) is experiencing one of the most complex and long-lasting humanitarian crises in the world. With 5.2 million displaced persons, the DRC has the second largest number of displaced persons inside their own country. The Committee further notes that the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations of 6 August 2019, noted with concern that the perpetrators of trafficking for the purposes of forced prostitution are neither prosecuted or convicted (CEDAW/C/COD/CO/8, paragraph 28).

While noting the Government’s efforts to combat trafficking in persons, the Committee encourages the Government to intensify its action in this sphere. Observing that a Bill on trafficking is under discussion in Parliament, the Committee hopes that the Government will take the necessary steps to adopt this law so as to provide the country with legislation that makes trafficking, for both labour exploitation and sexual exploitation, a criminal offence and establishes appropriate criminal penalties. The Committee requests the Government to take steps to raise the awareness of competent bodies and reinforce their capacities in order to achieve better knowledge and identification of cases of trafficking in persons and thorough investigations to enable the prosecution and conviction of perpetrators. The Committee also requests the Government to provide information on: (i) the activities carried out by the Agency for the Prevention and Combating of Trafficking in Persons; (ii) the measures taken to raise awareness of the risk of trafficking, particularly of displaced persons in the country; (iii) the measures taken to provide protection and assistance for victims of trafficking; and (iv) the adoption and implementation of an action plan in this sphere and the preparation of annual reports on the current situation of trafficking in the country.

Articles 1(1) and 2(1). Vulnerability of Pygmies to the imposition of forced labour. In its previous comments, the Committee asked the Government to indicate the measures taken to combat the social marginalization of Pygmies and to prevent their situation of vulnerability resulting in them becoming victims of forced labour. The Government indicates that a Bill for the protection and promotion of the rights of indigenous Pygmy peoples in the Democratic Republic of the Congo was adopted by the National Assembly on 7 April 2021 and that it will send the Committee a copy of the law once it has been promulgated and published in the Official Journal.

The Committee also notes that the UN Committee on Economic, Social and Cultural Rights (CESCR), in its concluding observations of 28 March 2022, expressed concern at the fact that the Batwa indigenous peoples continue to face persistent discrimination and exclusion that have an adverse effect on the effective enjoyment of their economic, social and cultural rights, and at the lack of effective measures to combat the de facto discrimination that they face (E/C.12/COD/CO/6, paragraphs 14 and 26).

The Committee welcomes the adoption of the Bill for the protection and promotion of the rights of indigenous Pygmy peoples in the Democratic Republic of the Congo by the National Assembly, and trusts that once this law has been promulgated, it will enable action against the discrimination experienced by the indigenous Pygmy peoples and will enable their effective enjoyment of their rights and thereby reduce the risks of them becoming victims of exploitation tantamount to forced labour. The Committee requests the Government to provide information on progress made in this regard and also refers the Government to its comments made in relation to the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

2. Repeal of legislation. Exaction of work for national development purposes, as a means of collecting unpaid taxes, from persons in pre-trial detention, and in cases of vagrancy. For many years the Committee has been asking the Government to formally repeal or amend the following legislative texts and regulations, which are contrary to the Convention:

• –Act No. 76-011 of 21 May 1976 on national development and its implementing order, Departmental Order No. 00748/BCE/AGRI/76 of 11 June 1976 on the performance of civic tasks in the context of the National Food Production Programme: these legal texts, which aim to increase productivity in all sectors of national life, require, subject to criminal penalties, all able-bodied adult persons who are not already considered to be making their contribution by reason of their employment to carry out agricultural and other development work, as decided by the Government;
• –Legislative Ordinance No. 71/087 of 14 September 1971 on the minimum personal contribution, of which sections 18–21 provide for imprisonment involving compulsory labour, upon decision of the chief of the local community or the area commissioner, of taxpayers who have defaulted on their minimum personal contributions;
• –Ordinance No. 15/APAJ of 20 January 1938 on the prison system in indigenous districts, which allows work to be exacted from persons in pre-trial detention;
• –the Decree on vagrancy and begging of 23 May 1896, under which persons found engaging in vagrancy or begging may be imprisoned and be subjected to compulsory labour in the public interest.

The Government indicates that it duly notes the Committee’s comments concerning the formal repeal of these items of legislation dating from the colonial period and that it will provide information in due course on the measures taken. It adds that the Bill putting an end to forced labour, which is still awaiting adoption by the Parliament, will have an impact, once it is promulgated, on the repeal of: (i) Act No. 76-011 of 21 May 1976; (ii) Departmental Order No. 00748/BCE/AGRI/76 of 11 June 1976; and (iii) Ordinance No. 15/APAJ of 20 January 1938. The Committee duly notes this information and hopes that the Bill putting an end to forced labour will be actually adopted and that on this occasion Act No. 76-011 of 21 May 1976, Departmental Order No. 00748/BCE/AGRI/76 of 11 June 1976, Ordinance No. 15/APAJ of 20 January 1938 and also Legislative Ordinance No. 71/087 of 14 September 1971 and the Decree on vagrancy and begging of 23 May 1896 will be formally repealed in order to ensure full conformity with the Convention.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Articles 1(1), 2(1) and 25 of the Convention. Forced labour and sexual slavery in the context of the armed conflict. The Committee previously urged the Government to step up its efforts to put an end to the sexual violence committed against civilians, particularly women who are subjected to sexual exploitation, and to take immediate measures to ensure that appropriate criminal penalties are imposed on persons responsible for sexual slavery and forced labour.

The Government indicates in its report that it has duly noted the Committee’s comments and that urgent measures are being adopted to put an end to these serious violations. The Government refers in particular to the introduction of a new Disarmament, Demobilization, Community Recovery and Stabilization Programme (P-DDRC-S) in 2021, and the adoption of a national strategy for this programme on 4 April 2022. The Government reports a decrease in killings of civilians and in insecurity, as well as the demobilization of combatants.

The Committee also notes the report of 4 March 2019 of the Office of the United Nations High Commissioner for Human Rights on the Democratic Republic of the Congo, in the context of the Working Group on the Universal Periodic Review, in which the United Nations Joint Human Rights Office noted that most armed groups used women and children in hostilities or as sex slaves and/or subjected them to forced marriage or forced labour. Women and children were also abducted, including for sexual purposes. Sexual violence was then used as a tactic of war, perpetrated in a systematic and particularly brutal manner (A/HRC/WG.6/33/COD/2, paragraph 45).

The Committee also notes that the United Nations Secretary-General, in his report of 29 March 2022 on conflict-related sexual violence, highlighted the fact that in 2021 the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo (MONUSCO) documented 1,016 cases of conflict-related sexual violence, perpetrated by armed groups and state actors. The Secretary-General refers to cases of sexual violence committed in the context of forced marriage or sexual slavery by the armed group Union des patriotes pour la défense des citoyens. He emphasizes that progress was made in combating impunity, and that in 2021 military courts convicted 118 members of the Armed Forces of the Democratic Republic of the Congo (FARDC), 28 members of the Congolese National Police and 10 members of armed groups for conflict-related sexual violence (S/2022/272, paragraphs 27–29). The Committee also notes that the United Nations Committee on Economic, Social and Cultural Rights (CESCR), in its concluding observations of 28 March 2022, expressed concern that although the country had decided to implement transitional justice mechanisms to address the serious human rights violations committed in the past, in particular sexual violence, these serious violations continue to be committed with impunity (E/C.12/COD/CO/6, paragraph 6).

The Committee is bound to express its concern at the persistent use of sexual slavery and forced labour of women in the context of armed conflict. While recognizing the complexity of the situation prevailing in the country and the presence of armed groups, the Committee urges the Government to intensify its efforts to put an end to the sexual slavery and forced labour of which civilians are victims in the context of armed conflict and to forestall and prevent these serious violations of the Convention. The Committee urges the Government to continue taking measures to combat impunity, by providing the competent bodies with the resources to conduct the necessary investigations, prosecute the perpetrators of these crimes and ensure that the victims of such acts are fully protected and obtain compensation. The Committee requests the Government to provide information on progress made in this respect.

Article 25. Criminal penalties. In reply to the Committee’s request concerning the adoption of adequate legislative provisions enabling effective and dissuasive criminal penalties to be imposed in practice on persons exacting forced labour, the Government indicates that the Bill putting an end to forced labour, which provides for more effective criminal penalties, is still awaiting adoption by Parliament. Recalling that it is crucial that the law establishes appropriate criminal penalties to punish persons responsible for all forms of forced labour, the Committee urges the Government to take effective measures in this regard in the context of the Bill putting an end to forced labour. The Committee trusts that this Bill will be adopted in the very near future, that it will establish criminal penalties which constitute an adequate deterrent and are proportional to the seriousness of the crime, and that it will be the subject of an extensive dissemination and awareness-raising campaign by the competent authorities. The Committee requests the Government to provide information on progress made in this regard and to send a copy of the Bill once it has been enacted.

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

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

The Committee notes 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(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee notes that in 2004 the International Organization for Migration (IOM) launched a support programme for the reintegration of victims of trafficking, as there are not yet any real policies on preventing or combating trafficking in persons or prosecuting traffickers, let alone on victim support.

The Committee notes that, in its concluding observations of 2013, the Committee on the Elimination of Discrimination against Women (CEDAW) expressed its concern about the delay in conducting a study on the extent and causes of trafficking in human beings and forced prostitution and about the absence of a comprehensive law and strategy aimed at combating trafficking in human beings. It also expressed concern about the prevalence of prostitution, including forced and adolescent prostitution (CEDAW/C/COD/CO/6-7, paragraphs 23–24). The Committee draws the Government’s attention to the need to take measures to include in the national legislation provisions that specifically define what constitutes trafficking in persons, both for labour exploitation and sexual exploitation, to criminalize such trafficking and to establish dissuasive criminal penalties. The Committee requests the Government to provide information on the measures taken or envisaged to combat trafficking in persons. The Committee also requests the Government to indicate whether judgments have already been handed down by the criminal courts and penalties imposed on persons convicted of this crime.

Articles 1(1) and 2(1). 1. Possibility for judges to resign. In its previous comments, the Committee noted that under section 38 of Legislative Ordinance No. 88-056 of 29 September 1988 issuing the conditions of service of judges, their resignations must be accepted by the President of the Republic. The Committee requested the Government to provide information on the application of this Ordinance in practice.

The Committee notes the Government’s indication in its report that Basic Act No. 06/020 of 10 October 2006 issuing the conditions of service of judges has replaced the Ordinance of 1988. Section 44 provides that if a response is not provided within four months following the submission of the resignation letter, the resignation shall be accepted. Section 45 lists the cases in which the resignation is automatic, including: (i) failure to resume service within 30 days following the expiry of leave; (ii) failure to renew one’s oath within the prescribed one month deadline; and (iii) failure to comply with a written order from a hierarchical superior.

2. Pygmy peoples as victims of forced labour. In its previous comments, the Committee referred to the concerns expressed by a number of United Nations bodies that Pygmy peoples continue to suffer extreme forms of social marginalization, in particular as regards their access to identity documents, education, health and employment, and are sometimes subjected to forced labour. The Committee requested the Government to provide information on the measures taken to combat the vulnerability of Pygmies, which could lead them into situations of forced labour.

The Committee notes the Government’s indication that the Constitution recognizes Pygmies as full citizens and that they have formed associations to defend their rights. Those who live in large cities are integrated in the school system. The Committee requests the Government to continue providing information on the steps taken to combat the social marginalization of Pygmy peoples with a view to ensuring that their situation of vulnerability does not result in them becoming victims of forced labour.

Repeal of legislation. 1. Imposition of work for national development purposes, as a means of collecting taxes, and on persons in pretrial detention. For several years, the Committee has been requesting the Government to formally repeal or amend the following legislative texts and regulations, which are contrary to the Convention:

• -Act No. 76-11 of 21 May 1976 on national development and its implementing order, Departmental Order No. 00748/BCE/AGRI/76 of 11 June 1976 on the performance of civic tasks in the context of the National Food Production Programme: these legal texts, which aim to increase productivity in all sectors of national life, require, subject to criminal penalties, all able-bodied adult persons who are not already considered to be making their contribution by reason of their employment to carry out agricultural and other development work, as decided by the Government;
• -Legislative Ordinance No. 71/087 of 14 September 1971 on the minimum personal contribution, of which sections 18 to 21 provide for imprisonment involving compulsory labour, upon decision of the chief of the local community or the area commissioner, of taxpayers who have defaulted on their minimum personal contributions;
• -Ordinance No. 15/APAJ of 20 January 1938 on the prison system in indigenous districts, which allows work to be exacted from persons in pretrial detention (this Ordinance is not on the list of legal texts repealed by Ordinance No. 344 of 15 September 1965 regulating prison labour).

2. Forced labour in cases of vagrancy. Since 2002, the Committee has been drawing the Government’s attention to the provisions of the Decree on Vagrancy and Begging of 23 May 1896, under which persons may be arrested and judged by a court for vagrancy or begging. The court may decide to put them at the Government’s disposal for a certain period by placing them in an establishment. Able-bodied persons thus placed are forced to work in roadworks, agriculture, maintenance, cleaning, buildings and road construction, or to perform other general interest services (section 7 of the General Government Order of 26 May 1913). The Committee recalled that the laws which require all able-bodied citizens to be gainfully employed or otherwise face criminal penalties are incompatible with the Convention, and that the laws which define vagrancy in such general terms that they may serve directly or indirectly as a means of forcing persons to work should be amended so that criminal penalties are limited to the cases where the public order is disturbed by an offender who not only habitually refrains from working but who has no lawful means of subsistence.

The Committee notes the Government’s indication in its report that a bill to repeal forced labour is before Parliament and that the promulgated text will be communicated to the Committee in due course. The Government also indicates that all the legislative texts from the colonial period are no longer applied. The Committee requests the Government to take the necessary measures to formally repeal the abovementioned legislation and to bring it into conformity with the Convention. The Committee also requests the Government to provide information on any progress made in this regard.

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

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

Repetition

Articles 1(1), 2(1) and 25 of the Convention. Forced labour and sexual slavery in the context of the armed conflict. In its previous comments, the Committee noted several reports from, inter alia, the Secretary-General of the United Nations (UN), the UN Security Council and the UN High Commissioner for Human Rights on the situation in the Democratic Republic of the Congo (documents A/HRC/27/42, S/2014/697, S/2014/698 and S/2014/222). The Committee noted that while these reports recognized the efforts made by the Government to prosecute the perpetrators of human rights violations, including public officials, they nevertheless expressed concern at the human rights situation and reports of violence, including sexual violence, committed by armed groups and the national armed forces. The Committee also noted the efforts made by the Government to combat the massive human rights violations.

The Committee notes the Government’s indication in its report that it has taken the following measures to protect victims of sexual violence and facilitate their reintegration. The laws on sexual violence now supplement the Penal Code, which did not contain all the offences criminalized under international law. The Government also indicates that it has set up three local police units to ensure the protection of civilians in the zones of armed conflict.

The Committee notes that, in his April 2017 report on conflict-related sexual violence, the UN Secretary-General stated that in 2016, the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo (MONUSCO) verified 514 cases of conflict-related sexual violence committed against 340 women, 170 girls and one boy. MONUSCO rescued 40 girls, some of whom reported being subjected to sexual slavery. Verdicts were also handed down in cases involving four combatants affiliated with the then Mouvement du 23 Mars for rape and three Nyatura combatants for sexual slavery (S/2017/249, paragraphs 32, 33 and 35).

While noting the difficult situation in the country, the Committee is bound to express concern at the sexual violence committed against civilians, particularly women who are subjected to sexual exploitation. The Committee urges the Government to step up its efforts to put an end to such acts of violence against civilians, which constitute a grave violation of the Convention, and to take immediate and effective measures so that appropriate criminal penalties are imposed on the perpetrators of these acts and the practice of sexual slavery and forced labour does not remain unpunished. It also urges the Government to intensify its efforts to ensure that the victims of such violence are fully protected. Lastly, the Committee requests the Government to provide information on the results achieved in this regard.

Article 25. Criminal penalties. For several years, the Committee has been drawing the Government’s attention to the lack of adequate criminal penalties in its legislation for the imposition of forced labour. With the exception of section 174(c) and (e) regarding forced prostitution and sexual slavery, the Penal Code does not establish appropriate criminal penalties to punish the imposition of other forms of forced labour. Moreover, the penalties established by the Labour Code in this respect are not of the dissuasive nature required by Article 25 of the Convention (section 323 of the Labour Code establishes a principal penalty of imprisonment of a maximum of six months and/or a fine).

The Committee notes the absence of information from the Government on this matter. The Committee once again expresses the firm hope that the Government will take the necessary measures to ensure the adoption in the very near future of adequate legislative provisions, which allow that, in accordance with Article 25 of the Convention, effective and dissuasive criminal penalties can be imposed in practice on persons exacting 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 2017, published 107th ILC session (2018)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee notes that in 2004 the International Organization for Migration (IOM) launched a support programme for the reintegration of victims of trafficking, as there are not yet any real policies on preventing or combating trafficking in persons or prosecuting traffickers, let alone on victim support.

The Committee notes that, in its concluding observations of 2013, the Committee on the Elimination of Discrimination against Women (CEDAW) expressed its concern about the delay in conducting a study on the extent and causes of trafficking in human beings and forced prostitution and about the absence of a comprehensive law and strategy aimed at combating trafficking in human beings. It also expressed concern about the prevalence of prostitution, including forced and adolescent prostitution (CEDAW/C/COD/CO/6-7, paragraphs 23–24). The Committee draws the Government’s attention to the need to take measures to include in the national legislation provisions that specifically define what constitutes trafficking in persons, both for labour exploitation and sexual exploitation, to criminalize such trafficking and to establish dissuasive criminal penalties. The Committee requests the Government to provide information on the measures taken or envisaged to combat trafficking in persons. The Committee also requests the Government to indicate whether judgments have already been handed down by the criminal courts and penalties imposed on persons convicted of this crime.

Articles 1(1) and 2(1). 1. Possibility for judges to resign. In its previous comments, the Committee noted that under section 38 of Legislative Ordinance No. 88-056 of 29 September 1988 issuing the conditions of service of judges, their resignations must be accepted by the President of the Republic. The Committee requested the Government to provide information on the application of this Ordinance in practice.

The Committee notes the Government’s indication in its report that Basic Act No. 06/020 of 10 October 2006 issuing the conditions of service of judges has replaced the Ordinance of 1988. Section 44 provides that if a response is not provided within four months following the submission of the resignation letter, the resignation shall be accepted. Section 45 lists the cases in which the resignation is automatic, including: (i) failure to resume service within 30 days following the expiry of leave; (ii) failure to renew one’s oath within the prescribed one month deadline; and (iii) failure to comply with a written order from a hierarchical superior.

2. Pygmy peoples as victims of forced labour. In its previous comments, the Committee referred to the concerns expressed by a number of United Nations bodies that Pygmy peoples continue to suffer extreme forms of social marginalization, in particular as regards their access to identity documents, education, health and employment, and are sometimes subjected to forced labour. The Committee requested the Government to provide information on the measures taken to combat the vulnerability of Pygmies, which could lead them into situations of forced labour.

The Committee notes the Government’s indication that the Constitution recognizes Pygmies as full citizens and that they have formed associations to defend their rights. Those who live in large cities are integrated in the school system. The Committee requests the Government to continue providing information on the steps taken to combat the social marginalization of Pygmy peoples with a view to ensuring that their situation of vulnerability does not result in them becoming victims of forced labour.

Repeal of legislation. 1. Imposition of work for national development purposes, as a means of collecting taxes, and on persons in pretrial detention. For several years, the Committee has been requesting the Government to formally repeal or amend the following legislative texts and regulations, which are contrary to the Convention:

• -Act No. 76-11 of 21 May 1976 on national development and its implementing order, Departmental Order No. 00748/BCE/AGRI/76 of 11 June 1976 on the performance of civic tasks in the context of the National Food Production Programme: these legal texts, which aim to increase productivity in all sectors of national life, require, subject to criminal penalties, all able-bodied adult persons who are not already considered to be making their contribution by reason of their employment to carry out agricultural and other development work, as decided by the Government;
• -Legislative Ordinance No. 71/087 of 14 September 1971 on the minimum personal contribution, of which sections 18 to 21 provide for imprisonment involving compulsory labour, upon decision of the chief of the local community or the area commissioner, of taxpayers who have defaulted on their minimum personal contributions;
• -Ordinance No. 15/APAJ of 20 January 1938 on the prison system in indigenous districts, which allows work to be exacted from persons in pretrial detention (this Ordinance is not on the list of legal texts repealed by Ordinance No. 344 of 15 September 1965 regulating prison labour).

2. Forced labour in cases of vagrancy. Since 2002, the Committee has been drawing the Government’s attention to the provisions of the Decree on Vagrancy and Begging of 23 May 1896, under which persons may be arrested and judged by a court for vagrancy or begging. The court may decide to put them at the Government’s disposal for a certain period by placing them in an establishment. Able-bodied persons thus placed are forced to work in roadworks, agriculture, maintenance, cleaning, buildings and road construction, or to perform other general interest services (section 7 of the General Government Order of 26 May 1913). The Committee recalled that the laws which require all able-bodied citizens to be gainfully employed or otherwise face criminal penalties are incompatible with the Convention, and that the laws which define vagrancy in such general terms that they may serve directly or indirectly as a means of forcing persons to work should be amended so that criminal penalties are limited to the cases where the public order is disturbed by an offender who not only habitually refrains from working but who has no lawful means of subsistence.

The Committee notes the Government’s indication in its report that a bill to repeal forced labour is before Parliament and that the promulgated text will be communicated to the Committee in due course. The Government also indicates that all the legislative texts from the colonial period are no longer applied. The Committee requests the Government to take the necessary measures to formally repeal the abovementioned legislation and to bring it into conformity with the Convention. The Committee also requests the Government to provide information on any progress made in this regard.

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

Articles 1(1), 2(1) and 25 of the Convention. Forced labour and sexual slavery in the context of the armed conflict. In its previous comments, the Committee noted several reports from, inter alia, the Secretary-General of the United Nations (UN), the UN Security Council and the UN High Commissioner for Human Rights on the situation in the Democratic Republic of the Congo (documents A/HRC/27/42, S/2014/697, S/2014/698 and S/2014/222). The Committee noted that while these reports recognized the efforts made by the Government to prosecute the perpetrators of human rights violations, including public officials, they nevertheless expressed concern at the human rights situation and reports of violence, including sexual violence, committed by armed groups and the national armed forces. The Committee also noted the efforts made by the Government to combat the massive human rights violations.

The Committee notes the Government’s indication in its report that it has taken the following measures to protect victims of sexual violence and facilitate their reintegration. The laws on sexual violence now supplement the Penal Code, which did not contain all the offences criminalized under international law. The Government also indicates that it has set up three local police units to ensure the protection of civilians in the zones of armed conflict.

The Committee notes that, in his April 2017 report on conflict-related sexual violence, the UN Secretary-General stated that in 2016, the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo (MONUSCO) verified 514 cases of conflict-related sexual violence committed against 340 women, 170 girls and one boy. MONUSCO rescued 40 girls, some of whom reported being subjected to sexual slavery. Verdicts were also handed down in cases involving four combatants affiliated with the then Mouvement du 23 Mars for rape and three Nyatura combatants for sexual slavery (S/2017/249, paragraphs 32, 33 and 35).

While noting the difficult situation in the country, the Committee is bound to express concern at the sexual violence committed against civilians, particularly women who are subjected to sexual exploitation. The Committee urges the Government to step up its efforts to put an end to such acts of violence against civilians, which constitute a grave violation of the Convention, and to take immediate and effective measures so that appropriate criminal penalties are imposed on the perpetrators of these acts and the practice of sexual slavery and forced labour does not remain unpunished. It also urges the Government to intensify its efforts to ensure that the victims of such violence are fully protected. Lastly, the Committee requests the Government to provide information on the results achieved in this regard.

Article 25. Criminal penalties. For several years, the Committee has been drawing the Government’s attention to the lack of adequate criminal penalties in its legislation for the imposition of forced labour. With the exception of section 174(c) and (e) regarding forced prostitution and sexual slavery, the Penal Code does not establish appropriate criminal penalties to punish the imposition of other forms of forced labour. Moreover, the penalties established by the Labour Code in this respect are not of the dissuasive nature required by Article 25 of the Convention (section 323 of the Labour Code establishes a principal penalty of imprisonment of a maximum of six months and/or a fine).

The Committee notes the absence of information from the Government on this matter. The Committee once again expresses the firm hope that the Government will take the necessary measures to ensure the adoption in the very near future of adequate legislative provisions, which allow that, in accordance with Article 25 of the Convention, effective and dissuasive criminal penalties can be imposed in practice on persons exacting forced labour.

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

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

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.

Repetition

Articles 1(1) and 2(1) of the Convention. Forced labour in cases of vagrancy. In its previous comments, the Committee noted that pursuant to the Decree on vagrancy and begging of 23 May 1896 persons may be arrested, judged by a court and convicted of vagrancy or of begging. The court may decide to put them at the Government’s disposal for a certain period by placing them in an establishment. Able-bodied persons thus placed are forced to work in roadworks, agriculture, maintenance, cleaning, buildings and road construction, or to perform other general interest services (section 7 of the General Government Order of 26 May 1913). The Committee recalled that the laws which oblige all able-bodied citizens to be gainfully employed under the menace of imposition of penal sanctions are incompatible with the Convention, and that the laws, which define vagrancy in such general terms that they may serve directly or indirectly as a means of forcing persons to work, should be amended so that penal sanctions are limited to the cases where the public order is disturbed by an offender who refrains from working, but who is also engaged in any unlawful activity as a means of subsistence. The Committee noted the Government’s indication that vagrancy is an offence exclusively related to juvenile justice, and that begging only constitutes an offence to the extent it harms other people. The Committee trusts that the Government will not fail to take the necessary measures to repeal the abovementioned legislation which allows putting vagrants who do not disturb public order at the disposal of the Government, which may, according to the above explained, entail the forced exaction of labour.

Possibility for judges to resign. In its previous comments, the Committee noted that under section 38 of Legislative Ordinance No. 88-056 of 29 September 1988 concerning the status of judges, their resignations must be accepted by the President of the Republic. Since the Government has communicated no information on this matter, the Committee once again requests the Government to clarify whether the President could, in practice, refuse to accept a resignation and, if so, for what reasons.

“Pygmies” as victims of forced labour. In its previous comments, the Committee referred to the concerns expressed by the United Nations Committee on the Elimination of Racial Discrimination and the Committee on Economic, Social and Cultural Rights that “Pygmies” continue to suffer extreme forms of societal marginalization in particular with regard to their access to identity documents, education, health and labour and are sometimes subjected to forced labour. The Committee observes that the Government has not provided any information on the situation of this people. The Committee requests the Government to indicate the measures adopted to combat the social marginalization of “Pygmies” with a view to ensuring that their situation of social vulnerability does not result in them becoming victims of forced labour.

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

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

Follow up to the discussion of the Committee on the Application of Standards (International Labour Conference, 103rd Session, May–June 2014).

The Committee notes the discussion held in the Conference Committee on the Application of Standards, as well as the observations made by the Confederation of Trade Unions of Congo (CSC) on the application of the Convention, received on 28 August 2014.

Articles 1(1), 2(1) and 25 of the Convention. Forced labour and sexual slavery in the context of the armed conflict. In its previous comments, the Committee noted the information provided by the CSC, the International Trade Union Confederation (ITUC) and the reports of several United Nations agencies confirming the persistence of serious violations of human rights committed by State security forces and various armed groups in the context of the armed conflict which has been raging in the Democratic Republic of the Congo. This information referred to cases of abduction of women and children with a view to their use as sexual slaves; the imposition of forced labour related to the illegal extraction of natural resources in many resource-rich areas, principally in Orientale Province, the Kivus and North Katanga; abductions of persons to force them to participate in activities such as domestic work, wood cutting, gold mining and agricultural production for the benefit of armed groups. While being aware of the complexity of the situation and the efforts made by the Government to re-establish peace and security, the Committee recalls that failure to comply with the rule of law, the climate of impunity and the difficulties experienced by victims in gaining access to justice contribute to the continued perpetration of these serious violations of the Convention.

The Committee notes that, during the discussion of the application of the Convention by the Committee on the Application of Standards, the Government representative indicated that, with the support of the United Nations Stabilization Mission in the Democratic Republic of the Congo (MONUSCO), the territories which had been under the control of armed groups have been taken back by the regular army, and that the Government had initiated legal proceedings and organized trials which had resulted in severe sentences being imposed on the perpetrators of these crimes. The Government representative also reaffirmed its commitment to prosecute those who had violated human rights and to bring an end to impunity, emphasizing that the acts referred to by the Committee were largely in the past. With support from international cooperation, the Government has deployed specialized police brigades, known as local brigades, to restore the authority of the State and thereby ensure the protection of the civilian population. While noting the difficulty posed by the situation and the efforts made by the Government, many speakers emphasize the need to intensify efforts to combat impunity and to ensure adequate protection for victims. The need to reinforce the labour inspection services, particularly in mining areas, was also emphasized.

The Committee notes that, in its communication of August 2014, while recognizing the efforts made by the Government to combat the massive violations of human rights, the CSC confirms that forced labour persists and remains a serious concern, as it is intensifying. The CSC refers, by way of illustration, to the events of July 2014 in Ituri (Orientale Province), where an armed group abducted women and children to subject them to sexual exploitation and forced labour in the extraction and transport of minerals. It adds that the measures to punish those responsible for these acts are neither firm nor effective, and impunity encourages the propagation of such practices.

The Committee also notes various reports by, among others, the Secretary General of the United Nations, the United Nations Security Council and the United Nations High Commissioner for Human Rights in the context of the activities of his Office in the Democratic Republic of the Congo (A/HRC/27/42, S/2014/697, S/2014/698 and S/2014/222). The Committee notes that these reports recognize the efforts made by the Government to prosecute the perpetrators of human rights violations, including public officials. They however remain concerned at the human rights situation in the Democratic Republic of the Congo and by recurrent reports of violence, including sexual violence, perpetrated by armed groups and the national armed forces, particularly in the eastern provinces of the Democratic Republic of the Congo. The Security Council recalled in this respect that there must be no impunity for persons responsible for human rights violations. The High Commissioner emphasized that the justice system faces various challenges in investigating and prosecuting perpetrators of human rights violations, including the lack of resources and staffing and the lack of independence of military tribunals, where they exist, which is also problematic.

The Committee notes all of this information and urges the Government to step up its efforts to bring an end to the violence perpetrated against civilians with a view to subjecting them to forced labour and sexual exploitation. Considering that impunity contributes to the propagation of these serious violations, the Committee trusts that the Government will continue to take determined measures to combat impunity and will provide civil and military tribunals with appropriate resources with a view to ensuring that the perpetrators of these serious violations of the Convention are brought to justice and punished. The Committee also requests the Government to take measures to protect victims and for their reintegration.

Article 25. Criminal penalties. The Committee recalls that, with the exception of section 174(c) and (e) regarding forced prostitution and sexual slavery, the Penal Code does not establish appropriate criminal penalties to penalize the imposition of forced labour. Moreover, the penalties established by the Labour Code in this respect are not of the dissuasive nature required by Article 25 of the Convention (section 323 of the Labour Code establishes a principal penalty of imprisonment of a maximum of six months and a fine, or one of these two penalties). The Committee expresses the firm hope that the Government will take the necessary measures for the adoption in the very near future of adequate legislative provisions so that, in accordance with Article 25 of the Convention, effective and dissuasive criminal penalties can be applied in practice on persons exacting forced labour.

Repeal of legislation allowing the exaction of work for national development purposes, as a means of collecting unpaid taxes, and by persons in preventive detention. For several years, the Committee has been requesting the Government to formally repeal or amend the following legislative texts and regulations, which are contrary to the Convention:

• – Act No. 76-11 of 21 May 1976 respecting national development and its implementing order, Departmental Order No. 00748/BCE/AGRI/76 of 11 June 1976 on the performance of civic tasks in the context of the National Food Production Programme: these legal texts, which aim to increase productivity in all sectors of national life, require, subject to criminal penalties, all able-bodied adult persons who are not already considered to be making their contribution by reason of their employment to carry out agricultural and other development work, as decided by the Government;
• – Legislative Ordinance No. 71/087 of 14 September 1971 on the minimum personal contribution, of which sections 18 to 21 provide for imprisonment involving compulsory labour, upon decision of the chief of the local community or the area commissioner, of taxpayers who have defaulted on their minimum personal contributions;
• – Ordinance No. 15/APAJ of 20 January 1938 respecting the prison system in indigenous districts, which allows work to be exacted from persons in preventive detention (this Ordinance is not on the list of legal texts repealed by Ordinance No. 344 of 15 September 1965 respecting prison labour).

The Committee notes that the Government representative indicated on this subject in the Conference Committee on the Application of Standards that a Bill to repeal earlier legislation authorizing recourse to forced labour for purposes of national development was before the Parliament and that a copy of it would be provided once it had been adopted. The Committee notes the indication by the CSC in this regard that the Bill is not a priority for Parliament. The Committee trusts that the Government will be able to indicate in its next report the formal repeal of the legal texts noted above, to which it has been referring for many years and which the Government indicates are obsolete.

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 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(1) and 2(1) of the Convention. Forced labour in cases of vagrancy. In its previous comments, the Committee noted that pursuant to the Decree on vagrancy and begging of 23 May 1896 persons may be arrested, judged by a court and convicted of vagrancy or of begging. The court may decide to put them at the Government’s disposal for a certain period by placing them in an establishment. Able-bodied persons thus placed are forced to work in roadworks, agriculture, maintenance, cleaning, buildings and road construction, or to perform other general interest services (section 7 of the General Government Order of 26 May 1913). The Committee recalled that the laws which oblige all able-bodied citizens to be gainfully employed under the menace of imposition of penal sanctions are incompatible with the Convention, and that the laws, which define vagrancy in such general terms that they may serve directly or indirectly as a means of forcing persons to work, should be amended so that penal sanctions are limited to the cases where the public order is disturbed by an offender who refrains from working, but who is also engaged in any unlawful activity as a means of subsistence. The Committee noted the Government’s indication that vagrancy is an offence exclusively related to juvenile justice, and that begging only constitutes an offence to the extent it harms other people. The Committee trusts that the Government will not fail to take the necessary measures to repeal the abovementioned legislation which allows putting vagrants who do not disturb public order at the disposal of the Government, which may, according to the above explained, entail the forced exaction of labour.

Possibility for judges to resign. In its previous comments, the Committee noted that under section 38 of Legislative Ordinance No. 88-056 of 29 September 1988 concerning the status of judges, their resignations must be accepted by the President of the Republic. Since the Government has communicated no information on this matter, the Committee once again requests the Government to clarify whether the President could, in practice, refuse to accept a resignation and, if so, for what reasons.

“Pygmies” as victims of forced labour. In its previous comments, the Committee referred to the concerns expressed by the United Nations Committee on the Elimination of Racial Discrimination and the Committee on Economic, Social and Cultural Rights that “Pygmies” continue to suffer extreme forms of societal marginalization in particular with regard to their access to identity documents, education, health and labour and are sometimes subjected to forced labour. The Committee observes that the Government has not provided any information on the situation of this people. The Committee requests the Government to indicate the measures adopted to combat the social marginalization of “Pygmies” with a view to ensuring that their situation of social vulnerability does not result in them becoming victims of forced labour.

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.

Follow up to the discussion of the Committee on the Application of Standards (International Labour Conference, 103rd Session, May–June 2014).

The Committee notes the discussion held in the Conference Committee on the Application of Standards, as well as the observations made by the Confederation of Trade Unions of Congo (CSC) on the application of the Convention, received on 28 August 2014.

Articles 1(1), 2(1) and 25 of the Convention. Forced labour and sexual slavery in the context of the armed conflict. In its previous comments, the Committee noted the information provided by the CSC, the International Trade Union Confederation (ITUC) and the reports of several United Nations agencies confirming the persistence of serious violations of human rights committed by State security forces and various armed groups in the context of the armed conflict which has been raging in the Democratic Republic of the Congo. This information referred to cases of abduction of women and children with a view to their use as sexual slaves; the imposition of forced labour related to the illegal extraction of natural resources in many resource-rich areas, principally in Orientale Province, the Kivus and North Katanga; abductions of persons to force them to participate in activities such as domestic work, wood cutting, gold mining and agricultural production for the benefit of armed groups. While being aware of the complexity of the situation and the efforts made by the Government to re-establish peace and security, the Committee recalls that failure to comply with the rule of law, the climate of impunity and the difficulties experienced by victims in gaining access to justice contribute to the continued perpetration of these serious violations of the Convention.

The Committee notes that, during the discussion of the application of the Convention by the Committee on the Application of Standards, the Government representative indicated that, with the support of the United Nations Stabilization Mission in the Democratic Republic of the Congo (MONUSCO), the territories which had been under the control of armed groups have been taken back by the regular army, and that the Government had initiated legal proceedings and organized trials which had resulted in severe sentences being imposed on the perpetrators of these crimes. The Government representative also reaffirmed its commitment to prosecute those who had violated human rights and to bring an end to impunity, emphasizing that the acts referred to by the Committee were largely in the past. With support from international cooperation, the Government has deployed specialized police brigades, known as local brigades, to restore the authority of the State and thereby ensure the protection of the civilian population. While noting the difficulty posed by the situation and the efforts made by the Government, many speakers emphasize the need to intensify efforts to combat impunity and to ensure adequate protection for victims. The need to reinforce the labour inspection services, particularly in mining areas, was also emphasized.

The Committee notes that, in its communication of August 2014, while recognizing the efforts made by the Government to combat the massive violations of human rights, the CSC confirms that forced labour persists and remains a serious concern, as it is intensifying. The CSC refers, by way of illustration, to the events of July 2014 in Ituri (Orientale Province), where an armed group abducted women and children to subject them to sexual exploitation and forced labour in the extraction and transport of minerals. It adds that the measures to punish those responsible for these acts are neither firm nor effective, and impunity encourages the propagation of such practices.

The Committee also notes various reports by, among others, the Secretary General of the United Nations, the United Nations Security Council and the United Nations High Commissioner for Human Rights in the context of the activities of his Office in the Democratic Republic of the Congo (A/HRC/27/42, S/2014/697, S/2014/698 and S/2014/222). The Committee notes that these reports recognize the efforts made by the Government to prosecute the perpetrators of human rights violations, including public officials. They however remain concerned at the human rights situation in the Democratic Republic of the Congo and by recurrent reports of violence, including sexual violence, perpetrated by armed groups and the national armed forces, particularly in the eastern provinces of the Democratic Republic of the Congo. The Security Council recalled in this respect that there must be no impunity for persons responsible for human rights violations. The High Commissioner emphasized that the justice system faces various challenges in investigating and prosecuting perpetrators of human rights violations, including the lack of resources and staffing and the lack of independence of military tribunals, where they exist, which is also problematic.

The Committee notes all of this information and urges the Government to step up its efforts to bring an end to the violence perpetrated against civilians with a view to subjecting them to forced labour and sexual exploitation. Considering that impunity contributes to the propagation of these serious violations, the Committee trusts that the Government will continue to take determined measures to combat impunity and will provide civil and military tribunals with appropriate resources with a view to ensuring that the perpetrators of these serious violations of the Convention are brought to justice and punished. The Committee also requests the Government to take measures to protect victims and for their reintegration.

Article 25. Criminal penalties. The Committee recalls that, with the exception of section 174(c) and (e) regarding forced prostitution and sexual slavery, the Penal Code does not establish appropriate criminal penalties to penalize the imposition of forced labour. Moreover, the penalties established by the Labour Code in this respect are not of the dissuasive nature required by Article 25 of the Convention (section 323 of the Labour Code establishes a principal penalty of imprisonment of a maximum of six months and a fine, or one of these two penalties). The Committee expresses the firm hope that the Government will take the necessary measures for the adoption in the very near future of adequate legislative provisions so that, in accordance with Article 25 of the Convention, effective and dissuasive criminal penalties can be applied in practice on persons exacting forced labour.

Repeal of legislation allowing the exaction of work for national development purposes, as a means of collecting unpaid taxes, and by persons in preventive detention. For several years, the Committee has been requesting the Government to formally repeal or amend the following legislative texts and regulations, which are contrary to the Convention:

• – Act No. 76-11 of 21 May 1976 respecting national development and its implementing order, Departmental Order No. 00748/BCE/AGRI/76 of 11 June 1976 on the performance of civic tasks in the context of the National Food Production Programme: these legal texts, which aim to increase productivity in all sectors of national life, require, subject to criminal penalties, all able-bodied adult persons who are not already considered to be making their contribution by reason of their employment to carry out agricultural and other development work, as decided by the Government;
• – Legislative Ordinance No. 71/087 of 14 September 1971 on the minimum personal contribution, of which sections 18 to 21 provide for imprisonment involving compulsory labour, upon decision of the chief of the local community or the area commissioner, of taxpayers who have defaulted on their minimum personal contributions;
• – Ordinance No. 15/APAJ of 20 January 1938 respecting the prison system in indigenous districts, which allows work to be exacted from persons in preventive detention (this Ordinance is not on the list of legal texts repealed by Ordinance No. 344 of 15 September 1965 respecting prison labour).

The Committee notes that the Government representative indicated on this subject in the Conference Committee on the Application of Standards that a Bill to repeal earlier legislation authorizing recourse to forced labour for purposes of national development was before the Parliament and that a copy of it would be provided once it had been adopted. The Committee notes the indication by the CSC in this regard that the Bill is not a priority for Parliament. The Committee trusts that the Government will be able to indicate in its next report the formal repeal of the legal texts noted above, to which it has been referring for many years and which the Government indicates are obsolete.

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 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:

Repetition

Articles 1(1) and 2(1) of the Convention. 1. Forced labour in cases of vagrancy. In its previous comments, the Committee noted that pursuant to the Decree on vagrancy and begging of 23 May 1896 persons may be arrested, judged by a court and convicted of vagrancy or of begging. The court may decide to put them at the Government’s disposal for a certain period by placing them in an establishment. Able-bodied persons thus placed are forced to work in roadworks, agriculture, maintenance, cleaning, buildings and road construction, or to perform other general interest services (section 7 of the General Government Order of 26 May 1913). The Committee recalled that the laws which oblige all able-bodied citizens to be gainfully employed under the menace of imposition of penal sanctions are incompatible with the Convention, and that the laws, which define vagrancy in such general terms that they may serve directly or indirectly as a means of forcing persons to work, should be amended so that penal sanctions are limited to the cases where the public order is disturbed by an offender who refrains from working, but who is also engaged in any unlawful activity as a means of subsistence. The Committee noted the Government’s indication that vagrancy is an offence exclusively related to juvenile justice, and that begging only constitutes an offence to the extent it harms other people. The Committee trusts that the Government will not fail to take the necessary measures to repeal the abovementioned legislation which allows putting vagrants who do not disturb public order at the disposal of the Government, which may, according to the above explained, entail the forced exaction of labour.

2. Possibility for judges to resign. In its previous comments, the Committee noted that under section 38 of Legislative Ordinance No. 88-056 of 29 September 1988 concerning the status of judges, their resignations must be accepted by the President of the Republic. Since the Government has communicated no information on this matter, the Committee once again requests the Government to clarify whether the President could, in practice, refuse to accept a resignation and, if so, for what reasons.

3. “Pygmies” as victims of forced labour. In its previous comments, the Committee referred to the concerns expressed by the United Nations Committee on the Elimination of Racial Discrimination and the Committee on Economic, Social and Cultural Rights that “Pygmies” continue to suffer extreme forms of societal marginalization in particular with regard to their access to identity documents, education, health and labour and are sometimes subjected to forced labour. The Committee observes that the Government has not provided any information on the situation of this people. The Committee requests the Government to indicate the measures adopted to combat the social marginalization of “Pygmies” with a view to ensuring that their situation of social vulnerability does not result in them becoming victims of forced labour.

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

Follow up to the discussion of the Committee on the Application of Standards (International Labour Conference, 103rd Session, May–June 2014)

The Committee notes the discussion held in the Conference Committee on the Application of Standards, as well as the observations made by the Confederation of Trade Unions of Congo (CSC) on the application of the Convention, received on 28 August 2014.

Articles 1(1), 2(1) and 25 of the Convention. Forced labour and sexual slavery in the context of the armed conflict. In its previous comments, the Committee noted the information provided by the CSC, the International Trade Union Confederation (ITUC) and the reports of several United Nations agencies confirming the persistence of serious violations of human rights committed by State security forces and various armed groups in the context of the armed conflict which has been raging in the Democratic Republic of the Congo. This information referred to cases of abduction of women and children with a view to their use as sexual slaves; the imposition of forced labour related to the illegal extraction of natural resources in many resource-rich areas, principally in Orientale Province, the Kivus and North Katanga; abductions of persons to force them to participate in activities such as domestic work, wood cutting, gold mining and agricultural production for the benefit of armed groups. While being aware of the complexity of the situation and the efforts made by the Government to re-establish peace and security, the Committee recalls that failure to comply with the rule of law, the climate of impunity and the difficulties experienced by victims in gaining access to justice contribute to the continued perpetration of these serious violations of the Convention.

The Committee notes that, during the discussion of the application of the Convention by the Committee on the Application of Standards, the Government representative indicated that, with the support of the United Nations Stabilization Mission in the Democratic Republic of the Congo (MONUSCO), the territories which had been under the control of armed groups have been taken back by the regular army, and that the Government had initiated legal proceedings and organized trials which had resulted in severe sentences being imposed on the perpetrators of these crimes. The Government representative also reaffirmed its commitment to prosecute those who had violated human rights and to bring an end to impunity, emphasizing that the acts referred to by the Committee were largely in the past. With support from international cooperation, the Government has deployed specialized police brigades, known as local brigades, to restore the authority of the State and thereby ensure the protection of the civilian population. While noting the difficulty posed by the situation and the efforts made by the Government, many speakers emphasize the need to intensify efforts to combat impunity and to ensure adequate protection for victims. The need to reinforce the labour inspection services, particularly in mining areas, was also emphasized.

The Committee notes that, in its communication of August 2014, while recognizing the efforts made by the Government to combat the massive violations of human rights, the CSC confirms that forced labour persists and remains a serious concern, as it is intensifying. The CSC refers, by way of illustration, to the events of July 2014 in Ituri (Orientale Province), where an armed group abducted women and children to subject them to sexual exploitation and forced labour in the extraction and transport of minerals. It adds that the measures to punish those responsible for these acts are neither firm nor effective, and impunity encourages the propagation of such practices.

The Committee also notes various reports by, among others, the Secretary General of the United Nations, the United Nations Security Council and the United Nations High Commissioner for Human Rights in the context of the activities of his Office in the Democratic Republic of the Congo (A/HRC/27/42, S/2014/697, S/2014/698 and S/2014/222). The Committee notes that these reports recognize the efforts made by the Government to prosecute the perpetrators of human rights violations, including public officials. They however remain concerned at the human rights situation in the Democratic Republic of the Congo and by recurrent reports of violence, including sexual violence, perpetrated by armed groups and the national armed forces, particularly in the eastern provinces of the Democratic Republic of the Congo. The Security Council recalled in this respect that there must be no impunity for persons responsible for human rights violations. The High Commissioner emphasized that the justice system faces various challenges in investigating and prosecuting perpetrators of human rights violations, including the lack of resources and staffing and the lack of independence of military tribunals, where they exist, which is also problematic.

The Committee notes all of this information and urges the Government to step up its efforts to bring an end to the violence perpetrated against civilians with a view to subjecting them to forced labour and sexual exploitation. Considering that impunity contributes to the propagation of these serious violations, the Committee trusts that the Government will continue to take determined measures to combat impunity and will provide civil and military tribunals with appropriate resources with a view to ensuring that the perpetrators of these serious violations of the Convention are brought to justice and punished. The Committee also requests the Government to take measures to protect victims and for their reintegration.

Article 25. Criminal penalties. The Committee recalls that, with the exception of section 174(c) and (e) regarding forced prostitution and sexual slavery, the Penal Code does not establish appropriate criminal penalties to penalize the imposition of forced labour. Moreover, the penalties established by the Labour Code in this respect are not of the dissuasive nature required by Article 25 of the Convention (section 323 of the Labour Code establishes a principal penalty of imprisonment of a maximum of six months and a fine, or one of these two penalties). The Committee expresses the firm hope that the Government will take the necessary measures for the adoption in the very near future of adequate legislative provisions so that, in accordance with Article 25 of the Convention, effective and dissuasive criminal penalties can be applied in practice on persons exacting forced labour.

Repeal of legislation allowing the exaction of work for national development purposes, as a means of collecting unpaid taxes, and by persons in preventive detention. For several years, the Committee has been requesting the Government to formally repeal or amend the following legislative texts and regulations, which are contrary to the Convention:

• – Act No. 76-11 of 21 May 1976 respecting national development and its implementing order, Departmental Order No. 00748/BCE/AGRI/76 of 11 June 1976 on the performance of civic tasks in the context of the National Food Production Programme: these legal texts, which aim to increase productivity in all sectors of national life, require, subject to criminal penalties, all able-bodied adult persons who are not already considered to be making their contribution by reason of their employment to carry out agricultural and other development work, as decided by the Government;
• – Legislative Ordinance No. 71/087 of 14 September 1971 on the minimum personal contribution, of which sections 18 to 21 provide for imprisonment involving compulsory labour, upon decision of the chief of the local community or the area commissioner, of taxpayers who have defaulted on their minimum personal contributions;
• – Ordinance No. 15/APAJ of 20 January 1938 respecting the prison system in indigenous districts, which allows work to be exacted from persons in preventive detention (this Ordinance is not on the list of legal texts repealed by Ordinance No. 344 of 15 September 1965 respecting prison labour).

The Committee notes that the Government representative indicated on this subject in the Conference Committee on the Application of Standards that a Bill to repeal earlier legislation authorizing recourse to forced labour for purposes of national development was before the Parliament and that a copy of it would be provided once it had been adopted. The Committee notes the indication by the CSC in this regard that the Bill is not a priority for Parliament. The Committee trusts that the Government will be able to indicate in its next report the formal repeal of the legal texts noted above, to which it has been referring for many years and which the Government indicates are obsolete.

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

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes with regret that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

Repetition

Articles 1(1) and 2(1) of the Convention. 1. Forced labour in cases of vagrancy. In its previous comments, the Committee noted that pursuant to the Decree on vagrancy and begging of 23 May 1896 persons may be arrested, judged by a court and convicted of vagrancy or of begging. The court may decide to put them at the Government’s disposal for a certain period by placing them in an establishment. Able-bodied persons thus placed are forced to work in roadworks, agriculture, maintenance, cleaning, buildings and road construction, or to perform other general interest services (section 7 of the General Government Order of 26 May 1913). The Committee recalled that the laws which oblige all able-bodied citizens to be gainfully employed under the menace of imposition of penal sanctions are incompatible with the Convention, and that the laws, which define vagrancy in such general terms that they may serve directly or indirectly as a means of forcing persons to work, should be amended so that penal sanctions are limited to the cases where the public order is disturbed by an offender who refrains from working, but who is also engaged in any unlawful activity as a means of subsistence. The Committee noted the Government’s indication that vagrancy is an offence exclusively related to juvenile justice, and that begging only constitutes an offence to the extent it harms other people. The Committee trusts that the Government will not fail to take the necessary measures to repeal the abovementioned legislation which allows putting vagrants who do not disturb public order at the disposal of the Government, which may, according to the above explained, entail the forced exaction of labour.

2. Possibility for judges to resign. In its previous comments, the Committee noted that under section 38 of Legislative Ordinance No. 88-056 of 29 September 1988 concerning the status of judges, their resignations must be accepted by the President of the Republic. Since the Government has communicated no information on this matter, the Committee once again requests the Government to clarify whether the President could, in practice, refuse to accept a resignation and, if so, for what reasons.

3. “Pygmies” as victims of forced labour. In its previous comments, the Committee referred to the Concluding observations of the United Nations Committee on the Elimination of Racial Discrimination (document CERD/C/COD/CO/15 dated 17 August 2007). It noted the Committee’s particular concern in its reports about the situation of “Pygmies” who are sometimes subjected to forced labour. The Committee also noted that in its concluding observations concerning the Democratic Republic of the Congo, the Committee on Economic, Social and Cultural Rights expressed its concern that “Pygmies continue to suffer extreme forms of societal marginalization in particular with regard to their access to identity documents, education, health and labour …” (document E/C.12/COD/CO/4 of 16 December 2009). The Committee observes that the Government has not provided any information on the situation of this people. The Committee requests the Government to indicate the measures adopted to combat the social marginalization of “Pygmies” with a view to ensuring that their situation of social vulnerability does not result in them becoming victims of forced labour.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Articles 1(1), 2(1) and 25 of the Convention. Forced labour and sexual slavery in the context of armed conflict. Since 2010, the Committee has been expressing its deep concern at the serious violations of human rights committed by state security forces and various armed groups in the context of the armed conflict that is afflicting the Democratic Republic of the Congo. The Committee has noted the information contained in reports of several United Nations agencies on the situation in the Democratic Republic of the Congo, the observations made by the Confederation of Trade Unions of Congo (CSC) in September 2011 and 2013 and the International Trade Union Confederation (ITUC) in September 2012, as well as the discussion in the Committee on the Application of Standards of the International Labour Conference in June 2011. This information confirms cases of the abduction of women and children with a view to their use as sexual slaves and the imposition of forced labour, particularly in the form of domestic work. Moreover, in mines, workers are hostages to conflicts for the exploitation of natural resources and are the victims of exploitation and abuse that amounts, for many of them, to forced labour. The Committee noted in 2012 the confirmation by the ITUC of the persistence of cases of sexual slavery, especially in mines in the regions of North Kivu, Orientale Province, Katanga and East Kasai, perpetrated by illegal armed groups and elements of the armed forces of the Democratic Republic of the Congo (FARDC). The ITUC referred to the systematic use of violence by armed groups to terrorize civilians and force them to transport arms, ammunition, booty from looting and other provisions, or to build housing or work in the fields. The Committee urged the Government to take the necessary measures, as a matter of the utmost urgency, to bring an immediate end to these practices which constitute a serious violation of the Convention and to re-establish a climate of legal security in which recourse to forced labour does not go unpunished.

The Committee notes the information provided by the Government in its latest report, which mainly concerns the action taken to protect children working in mines and child victims of violence, including sexual violence in the context of the armed conflict. The Government has also provided a document analysing the cases brought to the courts under the new provisions of the Penal Code regarding “offences of sexual violence”. The Committee observes that these cases concern instances of sexual violence against children. This information will be examined in the context of the application of the Worst Forms of Child Labour Convention, 1999 (No. 182), under which a report is due in 2014.

The Committee notes the report of the United Nations High Commissioner for Human Rights on the situation of human rights and the activities of her Office in the Democratic Republic of the Congo, covering the period between November 2011 and May 2013 (A/HRC/24/33 of 12 July 2013). According to this report, throughout the period under review, “many resource-rich areas, mostly in Orientale Province, the Kivus and Northern Katanga, bore witness to human rights violations, including forced labour linked to the illegal exploitation of such resources, allegedly committed by both armed groups and state agents”. The report refers to attacks by armed groups intended to spread terror and a large number of cases of the abduction of civilians and of forced labour committed by armed groups and by combatants of the Allied Democratic Forces. Many of those abducted are forced to engage in work, such as timber cutting, gold mining and agricultural production for the benefit of the armed groups. The Committee notes that the High Commissioner reports some progress, such as the creation of the National Human Rights Commission and the conviction of certain state agents guilty of human rights violations, such as sexual violence. At the same time, the High Commissioner emphasizes the deterioration in the situation, particularly in the east of the country, with “an important increase in the number of human rights violations and serious violations of international humanitarian law that could amount to war crimes, committed by national security and defence forces, as well as by foreign and national armed groups”.

Although aware of the complexity of the situation and the efforts made by the Government to re-establish peace and security, the Committee recalls that failure to respect the rule of law, the climate of impunity and the difficulty of victims in gaining access to justice contribute to the continued perpetration of these serious violations of the Convention. It urges the Government to take measures as a matter of urgency to bring an end to the violence perpetrated against civilians with a view to engaging them into forced labour, including sexual slavery. It urges the Government to continue to combat impunity resolutely and to ensure that the perpetrators of these serious violations of the Convention are brought to justice and punished, and that the victims are compensated for the damage suffered.

Article 25. Criminal penalties. The Committee recalls that, with the exception of section 174c and 174e respecting forced prostitution and sexual slavery, the Penal Code does not establish criminal penalties conducive to penalizing the imposition of forced labour. Moreover, the penalties established by the Labour Code in this respect are not of the dissuasive nature required by Article 25 of the Convention (section 323 of the Labour Code establishes a principal penalty of imprisonment of a maximum of six months and a fine, or one of these two penalties). In its latest report, the Government indicates that the Bill for the eradication of forced labour, containing effective criminal penalties, is still being examined by Parliament and that a copy will be provided once it has been adopted. The Committee requests the Government to ensure that the text prohibiting forced labour will be adopted and enacted in the very near future so that effective and dissuasive criminal penalties can be applied in practice to persons imposing forced labour, in accordance with Article 25 of the Convention.

Repeal of legislation allowing the exaction of work for national development purposes, as a means of collecting unpaid taxes and by persons in preventive detention. For several years, the Committee has been requesting the Government to repeal or amend the following legislatives texts and regulations, which are contrary to the Convention:

• – Act No. 76-011 of 21 May 1976 respecting national development and its implementing order, Departmental Order No. 00748/BCE/AGRI/76 of 11 June 1976 on the performance of civic tasks in the context of the National Food Production Programme: these legal texts, which aim to increase productivity in all sectors of national life, require, subject to criminal penalties, every able-bodied adult person who is not already considered to be making his/her contribution by reason of his/her employment to carry out agricultural and other development work, as decided by the Government;
• – Legislative Ordinance No. 71/087 of 14 September 1971 on the minimum personal contribution, of which sections 18 to 21 provide for imprisonment involving compulsory labour, upon decision of the chief of the local community or the area commissioner, of taxpayers who have defaulted on their minimum personal contributions; and
• – Ordinance No. 15/APAJ of 20 January 1938 respecting the prison system in indigenous districts, which allows work to be exacted from persons in preventive detention (this Ordinance is not on the list of legal texts repealed by Ordinance No. 344 of 15 September 1965 respecting prison labour).

The Government previously indicated that these texts were obsolete and were therefore, de facto, repealed. It added that the promulgation of the Act for the eradication of forced labour would provide a response to the concerns expressed by the Committee of Experts on the need to ensure legal certainty. The Committee trusts that, when adopting the Act for the eradication of forced labour, the legal texts to which it has been referring for many years, and which the Government indicates are obsolete, will finally be repealed formally.

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

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

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:

Repetition

Articles 1(1) and 2(1) of the Convention. 1. Forced labour in cases of vagrancy. In its previous comments, the Committee noted that pursuant to the Decree on vagrancy and begging of 23 May 1896 persons may be arrested, judged by a court and convicted of vagrancy or of begging. The court may decide to put them at the Government’s disposal for a certain period by placing them in an establishment. Able-bodied persons thus placed are forced to work in roadworks, agriculture, maintenance, cleaning, buildings and road construction, or to perform other general interest services (section 7 of the General Government Order of 26 May 1913). The Committee recalled that the laws which oblige all able-bodied citizens to be gainfully employed under the menace of imposition of penal sanctions are incompatible with the Convention, and that the laws, which define vagrancy in such general terms that they may serve directly or indirectly as a means of forcing persons to work, should be amended so that penal sanctions are limited to the cases where the public order is disturbed by an offender who refrains from working, but who is also engaged in any unlawful activity as a means of subsistence. In its latest report, the Government states that vagrancy is an offence exclusively related to juvenile justice, and that begging only constitutes an offence to the extent it harms other people. The Committee notes this information and trusts that the Government will not fail to take the necessary measures to repeal the abovementioned legislation which allows putting vagrants who do not disturb public order at the disposal of the Government, which may, according to the above explained, entail the forced exaction of labour.

2. Possibility for judges to resign. In its previous comments, the Committee noted that under section 38 of Legislative Ordinance No. 88-056 of 29 September 1988 concerning the status of judges, their resignations must be accepted by the President of the Republic. Since the Government has communicated no information on this matter, the Committee once again requests the Government to clarify whether the President could, in practice, refuse to accept a resignation and, if so, for what reasons.

3. “Pygmies” as victims of forced labour. In its previous comments, the Committee referred to the Concluding observations of the United Nations Committee on the Elimination of Racial Discrimination (document CERD/C/COD/CO/15 dated 17 August 2007). It noted the Committee’s particular concern in its reports about the situation of “Pygmies” who are sometimes subjected to forced labour. The Committee observes that the Government has not provided any information on the situation of this people. The Committee notes that in its Concluding observations concerning the Democratic Republic of the Congo, the Committee on Economic, Social and Cultural Rights expressed its concern that “Pygmies continue to suffer extreme forms of societal marginalization in particular with regard to their access to identity document, education, health and labour …” (document E/C.12/COD/CO/4 of 16 December 2009). The Committee requests the Government to indicate the measures adopted to combat the social marginalization of “Pygmies” with a view to ensuring that their situation of social vulnerability does not result in them becoming victims of forced labour.

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

The Committee notes the observations made by the International Trade Union Confederation (ITUC) on the application of the Convention, which were received on 31 August 2012 and forwarded to the Government on 11 September 2012.

Articles 1(1), 2(1) and 25 of the Convention. Forced labour and sexual slavery in the context of armed conflict. In its previous observation, the Committee expressed its concern at the various reports of a number of United Nations bodies on the situation in the Democratic Republic of the Congo, which underlined the gravity of the human rights situation in the country and referred to violations committed by the state security forces and other armed groups, including cases of forced labour and sexual slavery. The Committee noted that, following its examination of this case in June 2011, the Conference Committee on the Application of Standards “noted with concern the information provided which bore witness to the gravity of the situation and the climate of violence, insecurity and the violation of human rights which prevailed in the country, especially in North Kivu. This information confirmed that cases of abduction of women and children, with a view to their use as sexual slaves and exaction of forced labour, particularly in the form of domestic work, were frequent and continued to occur. Moreover, in mines, the workers were hostages of conflicts for the exploitation of natural resources and victims of exploitation and abusive practices, some of which amounted to forced labour. The Conference Committee observed that failure to comply with the rule of law, legal insecurity, the climate of impunity and the difficulties faced by victims in gaining access to justice favoured all of these practices [...] The Conference Committee appealed to the Government to take urgent and concerted measures to bring such violations to an immediate end [...]”.

The Committee also noted that, in its observations submitted in September 2011, the Confederation of Trade Unions of Congo (CSC) confirmed the practices of abduction of women and girls and, to a lesser degree, of men and boys with a view to their being used for forced labour and sexual slavery by the armed groups. Elderly women were also being abducted for domestic work. The trade union referred to specific cases of abduction and indicated that the worst affected areas were Walikale, Rutshuru, Masisi and North Kivu.

The Committee notes that, in its observations, the ITUC confirms the persistence of cases of sexual slavery, especially in mines in the regions of North Kivu, Province Orientale, Katanga and East Kasai, perpetrated by illegal armed groups and elements of the Armed Forces of the Democratic Republic of the Congo (FARDC). The ITUC emphasizes that the persons concerned have no chance of escaping because they are guarded 24 hours a day by soldiers. The ITUC also refers to several cases of the forced enrolment of boys and young men by various armed groups, especially by the troops of Bosco Ntaganda, in the Masisi territory, or by the rebels of the M23, in particular in the province of North Kivu. The ITUC lists several attacks carried out by these groups in 2012 in various communities in this province, during which violence was systematically used to force civilians to transport arms, ammunition, booty from looting and other provisions up to the front line. The ITUC refers to similar action by the Lord’s Resistance Army (LRA) and the Democratic Forces for the Liberation of Rwanda (FDLR). These groups enter camps where displaced persons have taken refuge and threaten them by accusing them of collaborating with one or another armed group. They are then forced to transport arms or goods, to build houses or to work in the fields for the rebels or the militia. The ITUC stresses that the authors of these actions are never punished because no case has ever been brought before the courts.

The Committee deplores the lack of information from the Government on the measures taken to bring an end to these serious violations of the Convention. The Committee is even more concerned because, according to information sent by the ITUC and that available from various United Nations bodies, the east of the Democratic Republic of the Congo has been the scene of a renewed outbreak of hostilities in recent months between the regular Congolese forces and armed groups, resulting in massive human rights violations. In a press release dated 27 July 2012, the United Nations High Commissioner for Refugees (UNHCR) condemned the violence perpetrated against civilians, which included “indiscriminate and summary killings of civilians, rape and other sexual abuse, torture, arbitrary arrests, assaults, looting, extortion of food and money, destruction of property, forced labour, forced military recruitment, including children, and ethnically motivated violence”. In view of the gravity of the situation, the Committee urges the Government to take the necessary measures, as a matter of the utmost urgency to bring an immediate end to these practices which constitute a serious violation of the Convention and to re-establish a climate of legal security in which recourse to forced labour does not go unpunished. The Committee recalls that it is vital for appropriate criminal penalties to be imposed in practice on those who exact forced labour, because of the dissuasive nature of these penalties, and it urges the Government to take the necessary measures as a matter of urgency for this purpose.

Article 25. Criminal penalties. In its previous comments, the Committee noted that, under section 323 of the Labour Code, any infringement of section 2(3), which prohibits the use of forced or compulsory labour, shall incur the penalty of a maximum of six months’ imprisonment and/or a fine, without prejudice to criminal legislation laying down more severe penalties. Emphasizing that the penalties laid down in the Labour Code do not constitute an effective deterrent, the Committee asked the Government to specify the penal provisions that prohibit and sanction recourse to forced labour. The Government confirmed in 2011 that the Penal Code of 1940 (as amended up to 2006) does not establish any penalties for persons who impose forced labour. The Government explained that the Bill for the eradication of forced labour, which is under examination in Parliament, provides for effective criminal penalties. The Committee trusts that the Government will be in a position to announce in its next report the adoption of the Act for the eradication of forced labour and that the latter will establish criminal penalties that constitute an effective deterrent, in accordance with Article 25 of the Convention.

Repeal of legislation allowing for the exaction of work for national development purposes, as a means of levying taxes and by persons in preventive detention. For a number of years, the Committee has been asking the Government to repeal or amend the following legislative texts and regulations, which are contrary to the Convention:

• -Act No. 76-011 of 21 May 1976 concerning national development efforts and its implementing Order, Departmental Order No. 00748/BCE/AGRI/76 of 11 June 1976 concerning the performance of civic tasks in the context of the national food production programme: these legal texts, which aim to increase productivity in all sectors of national life, require, subject to criminal penalties, every able-bodied adult person who is not already considered to be making his/her contribution by reason of his/her employment (political representatives, employees and apprentices, public servants, traders, members of the liberal professions, the clergy, students and pupils) to carry out agricultural and other development work, as decided by the Government;
• -Legislative Ordinance No. 71/087 of 14 September 1971 concerning the minimum personal contribution, of which sections 18 to 21 provide for imprisonment involving compulsory labour, upon decision of the chief of the local community or the area commissioner, of taxpayers who have defaulted on their minimum personal contributions; and
• -Ordinance No. 15/APAJ of 20 January 1938 concerning the prison system in indigenous districts, which allows work to be exacted from persons in preventive detention (this Ordinance not being on the list of legal texts repealed by Ordinance No. 344 of 15 September 1965 concerning prison labour).

The Government previously indicated that these texts were obsolete and were therefore, de facto, repealed. Furthermore, replying to the Committee’s request to repeal these texts formally in order to guarantee legal certainty, the Government indicated that legal certainty was not compromised by the lack of any formal repeal of these texts. The Government indicated in its report of June 2011 that the promulgation of the Act for the eradication of forced labour will provide an answer to the concerns of the Committee with regard to the repeal of Act No. 76 011 concerning the national development effort and its implementing Order, as well as Ordinance No. 15/APAJ of 20 January 1938 concerning the prison system in indigenous districts. The Committee hopes that, on the occasion of the adoption of the Act for the eradication of forced labour, the legal texts to which it has been referring for many years, and which the Government indicates are obsolete and, de facto, repealed, will finally be repealed formally.

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

The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

Repetition

Articles 1(1) and 2(1) of the Convention. 1. Forced labour in cases of vagrancy. In its previous comments, the Committee noted that pursuant to the Decree on vagrancy and begging of 23 May 1896 persons may be arrested, judged by a court and convicted of vagrancy or of begging. The court may decide to put them at the Government’s disposal for a certain period by placing them in an establishment. Able-bodied persons thus placed are forced to work in roadworks, agriculture, maintenance, cleaning, buildings and road construction, or to perform other general interest services (section 7 of the General Government Order of 26 May 1913). The Committee recalled that the laws which oblige all able-bodied citizens to be gainfully employed under the menace of imposition of penal sanctions are incompatible with the Convention, and that the laws, which define vagrancy in such general terms that they may serve directly or indirectly as a means of forcing persons to work, should be amended so that penal sanctions are limited to the cases where the public order is disturbed by an offender who refrains from working, but who is also engaged in any unlawful activity as a means of subsistence. In its latest report, the Government states that vagrancy is an offence exclusively related to juvenile justice, and that begging only constitutes an offence to the extent it harms other people. The Committee notes this information and trusts that the Government will not fail to take the necessary measures to repeal the abovementioned legislation which allows putting vagrants who do not disturb public order at the disposal of the Government, which may, according to the above explained, entail the forced exaction of labour.

2. Possibility for judges to resign. In its previous comments, the Committee noted that under section 38 of Legislative Ordinance No. 88-056 of 29 September 1988 concerning the status of judges, their resignations must be accepted by the President of the Republic. Since the Government has communicated no information on this matter, the Committee once again requests the Government to clarify whether the President could, in practice, refuse to accept a resignation and, if so, for what reasons.

3. “Pygmies” as victims of forced labour. In its previous comments, the Committee referred to the Concluding observations of the United Nations Committee on the Elimination of Racial Discrimination (document CERD/C/COD/CO/15 dated 17 August 2007). It noted the Committee’s particular concern in its reports about the situation of “Pygmies” who are sometimes subjected to forced labour. The Committee observes that the Government has not provided any information on the situation of this people. The Committee notes that in its Concluding observations concerning the Democratic Republic of the Congo, the Committee on Economic, Social and Cultural Rights expressed its concern that “Pygmies continue to suffer extreme forms of societal marginalization in particular with regard to their access to identity document, education, health and labour …” (document E/C.12/COD/CO/4 of 16 December 2009). The Committee requests the Government to indicate the measures adopted to combat the social marginalization of “Pygmies” with a view to ensuring that their situation of social vulnerability does not result in them becoming victims of forced labour.

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

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 100th Session, June 2011)

The Committee notes the concise report provided by the Government on 9 June 2011 and also the discussion which took place within the Conference Committee on the Application of Standards concerning the application of the Convention by the Democratic Republic of the Congo. It also notes the observations from the Confederation of Trade Unions of Congo (CSC) received at the Office on 21 September and forwarded to the Government on 26 September 2011.

Articles 1(1) and 2(1) of the Convention. Forced labour and sexual slavery in the context of armed conflict. In its previous observation the Committee referred to the various reports of the Office of the United Nations High Commissioner for Human Rights and of the Special Rapporteurs on the situation in the Democratic Republic of the Congo. These reports underlined the gravity of the human rights situation in the country – both in the zones where hostilities have resumed and in areas that have not been affected by the conflict – and referred to violations committed by the state security forces and other armed groups, including cases of forced labour and sexual slavery. In the second joint report of seven United Nations experts on the situation in the Democratic Republic of the Congo, the experts noted that the mines in the Kivu provinces continued to be exploited by armed groups, especially the Armed Forces of the Democratic Republic of the Congo (FARDC) and expressed their concern at “reports that civilians are still subjected to forced labour, extortion and illegal taxation, and that sexual exploitation of women and girls is rife in these mining areas”. This report also emphasize that “women and girls have been abducted and held as sexual slaves both by FARDC members and other armed actors, and have been subject to collective rapes for weeks and months, often accompanied by additional atrocities” (A/HRC/13/63 of 8 March 2010).

In its report, received in June 2011, the Government indicates that it has noted the Committee’s observations and that urgent measures are being taken to put a stop to these serious violations. It adds that a bill for the eradication of forced labour is under examination in Parliament.

The Committee notes that the Conference Committee on the Application of Standards, further to its examination of this case, “noted with concern the information provided which bore witness to the gravity of the situation and the climate of violence, insecurity and the violation of human rights which prevailed in the country, especially in North Kivu. This information confirmed that cases of abduction of women and children, with a view to their use as sexual slaves and the exaction of forced labour, particularly in the form of domestic work, were frequent and continued to occur. Moreover, in mines, the workers were hostages of conflicts for the exploitation of natural resources and victims of exploitation and abusive practices, some of which amounted to forced labour. The Committee observed that failure to comply with the rule of law, legal insecurity, the climate of impunity and the difficulties faced by victims in gaining access to justice favoured all of these practices. (...) The Committee (...) appealed to the Government to take urgent and concerted measures to bring such violations to an immediate end (...)”.

The Committee regrets that, further to this discussion, the Government has neither supplied detailed information on the measures taken to put a stop to these violations, nor replied to the observations from the CSC, which confirm the practices of abduction of women and girls and, to a lesser degree, of men and boys with a view to being used for forced labour and sexual slavery by the armed groups. Elderly women are also being abducted for domestic work. The trade union confederation refers to specific cases of abductions and indicates that the worst affected areas are Walikale, Rutshuru, Masisi and North Kivu.

In view of the gravity of the situation described above, the Committee urges the Government to take the necessary measures, as a matter of urgency, to put an immediate stop to these practices which constitute a serious violation of the Convention and to guarantee a climate of stability and legal security in which recourse to forced labour cannot be legitimized or go unpunished. The Government is also requested to provide information on the prosecution proceedings instituted against perpetrators and the criminal penalties imposed therein.

Article 25. Criminal penalties. In its previous comments the Committee noted that, under section 323 of the Labour Code, any infringement of section 2.3, which prohibits the use of forced or compulsory labour, shall incur the penalty of a maximum of six months’ imprisonment and/or a fine, without prejudice to criminal legislation laying down more severe penalties. Emphasizing that the penalties laid down in the Labour Code do not constitute an effective deterrent, the Committee asked the Government to specify the penal provisions which prohibit and sanctions recourse to forced labour. The Committee notes the Government’s confirmation that the Penal Code of 1940 (as amended up to 2006) does not establish any penalties for persons who impose forced labour. The Government explains that the bill for the eradication of forced labour which is under examination in Parliament provides for effective criminal penalties. The Committee trusts that the Government will be in a position to announce in its next report the adoption of the Act for the eradication of forced labour and that the latter will establish criminal penalties that constitute an effective deterrent, in accordance with Article 25 of the Convention.

Repeal of legislation allowing for the exaction of work for national development purposes, as a means of levying taxes and by persons in preventive detention. For a number of years the Committee has been asking the Government to amend or repeal the following legislative texts and regulations, which are contrary to the Convention:

• – Act No. 76-011 of 21 May 1976 concerning national development efforts and its implementing order, Departmental Order No. 00748/BCE/AGRI/76 of 11 June 1976 concerning the performance of civic tasks in the context of the national food production programme: these legal texts, which aim to increase productivity in all sectors of national life, require, subject to criminal penalties, every able-bodied adult person who is not already considered to be making his contribution by reason of his employment (political representatives, employees and apprentices, public servants, traders, members of the liberal professions, the clergy, students and pupils) to carry out agricultural and other development work as decided by the Government;
• – Legislative Ordinance No. 71/087 of 14 September 1971 concerning the minimum personal contribution, sections 18 to 21 which provide for imprisonment involving compulsory labour, upon decision of the chief of the local community or the area commissioner, of taxpayers who have defaulted on their minimum personal contributions;
• – Ordinance No. 15/APAJ of 20 January 1938 concerning the prison system in indigenous districts, which allows work to be exacted from persons in preventive detention (this Ordinance not being on the list of legal texts repealed by Ordinance No. 344 of 15 September 1965 concerning prison labour).

The Government previously indicated that these legal texts were obsolete and were therefore, de facto, repealed. Furthermore, replying to the Committee’s request to repeal these texts formally in order to guarantee legal certainty, the Government indicated that legal certainty was not compromised by the lack of any formal repeal of these texts. The Committee notes the Government’s indication in its report of June 2011 that the promulgation of the Act for the eradication of forced labour will provide an answer to the concerns of the Committee as regards the repeal of Act No. 76-011 concerning the national development effort and its implementing order, as well as Ordinance No. 15/APAJ of 20 January 1938 concerning the prison system in indigenous districts. The Committee hopes that, on the occasion of the adoption of the Act for the eradication of forced labour, the legal texts to which it has being referring for many years and which the Government indicates are obsolete and, de facto, repealed, will finally be repealed formally.

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

Articles 1(1) and 2(1) of the Convention. 1. Forced labour in cases of vagrancy. In its previous comments, the Committee noted that pursuant to the Decree on vagrancy and begging of 23 May 1896 persons may be arrested, judged by a court and convicted of vagrancy or of begging. The court may decide to put them at the Government’s disposal for a certain period by placing them in an establishment. Able-bodied persons thus placed are forced to work in roadworks, agriculture, maintenance, cleaning, buildings and road construction, or to perform other general interest services (section 7 of the General Government Order of 26 May 1913). The Committee recalled that the laws which oblige all able-bodied citizens to be gainfully employed under the menace of imposition of penal sanctions are incompatible with the Convention, and that the laws, which define vagrancy in such general terms that they may serve directly or indirectly as a means of forcing persons to work, should be amended so that penal sanctions are limited to the cases where the public order is disturbed by an offender who refrains from working, but who is also engaged in any unlawful activity as a means of subsistence. In its latest report, the Government states that vagrancy is an offence exclusively related to juvenile justice, and that begging only constitutes an offence to the extent it harms other people.

The Committee notes this information and trusts that the Government will not fail to take the necessary measures to repeal the abovementioned legislation which allows putting vagrants who do not disturb public order at the disposal of the Government, which may, according to the above explained, entail the forced exaction of labour.

2. Possibility for judges to resign. In its previous comments, the Committee noted that under section 38 of Legislative Ordinance No. 88-056 of 29 September 1988 concerning the status of judges, their resignations must be accepted by the President of the Republic. Since the Government has communicated no information on this matter, the Committee once again requests the Government to clarify whether the President could, in practice, refuse to accept a resignation and, if so, for what reasons.

3. “Pygmies” as victims of forced labour. In its previous comments, the Committee referred to the Concluding observations of the United Nations Committee on the Elimination of Racial Discrimination (document CERD/C/COD/CO/15 dated 17 August 2007). It noted the Committee’s particular concern in its reports about the situation of “Pygmies” who are sometimes subjected to forced labour. The Committee observes that the Government has not provided any information on the situation of this people. The Committee notes that in its Concluding observations concerning the Democratic Republic of the Congo, the Committee on Economic, Social and Cultural Rights expressed its concern that “Pygmies continue to suffer extreme forms of societal marginalization in particular with regard to their access to identity document, education, health and labour …” (document E/C.12/COD/CO/4 of 16 December 2009). The Committee requests the Government to indicate the measures adopted to combat the social marginalization of “Pygmies” with a view to ensuring that their situation of social vulnerability does not result in them becoming victims of forced labour.

[The Government is asked to supply full particulars to the Conference at its 100th Session and to reply in detail to the present comments in 2011.]

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

Articles 1(1) and 2(1) of the Convention. Forced labour and sexual slavery in the context of an armed conflict. The Committee notes the different reports of the Office of the United Nations High Commissioner for Human Rights and of the special rapporteurs on the situation in the Democratic Republic of the Congo. These reports highlight the gravity of the human rights situation in the country – both in the zones where hostilities have resumed and in areas that have not been affected by the conflict – and refer to violations committed by the state security forces and other armed groups, including cases of forced labour and sexual slavery. The Committee notes that in the second joint report of seven United Nations experts on the situation in the Democratic Republic of the Congo, the experts noted that the mines in the Kivus continue to be exploited by armed groups, especially the Armed Forces of the Democratic Republic of the Congo (FARDC) and expressed their concern at “reports that civilians are still subjected to forced labour, extortion and illegal taxation, and that sexual exploitation of women and girls is rife in these mining areas”. The Committee also notes that, according to this report, “women and girls have been abducted and held as sexual slaves both by FARDC members and other armed actors, and have been subject to collective rapes for weeks and months, often accompanied by additional atrocities” (document A/HRC/13/63 of 8 March 2010). Considering the gravity of the facts, the Committee expresses its deep concern and urges the Government to take all the urgent and necessary measures to bring an immediate end to these practices which constitute a most serious violation of the Convention, and to ensure that adequate sanctions are imposed on perpetrators.

Article 25. Penal sanctions. In its previous comments, the Committee noted that, under section 323 of the Labour Code, any infringement of section 2.3, which prohibits the use of forced or compulsory labour, shall be punished by a maximum of six months’ imprisonment plus a fine or by only one of these penalties, without prejudice to criminal legislation laying down more severe penalties. Emphasizing that the sanctions envisaged in the Labour Code are not very dissuasive, the Committee asked the Government to specify the penal provisions which prohibit and penalize recourse to forced labour. The Committee notes that the Government has not provided any information in this regard. It also notes that the 1940 Penal Code (as amended up to 2004) does not appear to include such provisions. The Committee asks the Government to take the necessary measures to include in the penal legislation provisions establishing adequate sanctions for persons who exact forced labour, in accordance with Article 25 of the Convention. It also requests the Government to indicate how, in practice, the authorities institute legal proceedings and punish persons who exact forced labour.

Abrogation of legislation allowing for the exaction of work for national development purposes, as a means of levying taxes and by persons in preventive detention.  For several years, the Committee has been requesting the Government to amend or repeal the following legislative texts and regulations, which are contrary to the Convention:

–           Act No. 76-011 of 21 May 1976 concerning national development efforts and its Implementing Order, Departmental Order No. 00748/BCE/AGRI/76 of 11 June 1976 concerning the performance of civic tasks in the context of the national food production programme: these legal texts, which aim to increase productivity in all sectors of national life, require, subject to penal sanctions, every able-bodied adult person who is not already considered to be making his contribution by reason of his employment (political representatives, employed persons and apprentices, public servants, traders, members of the liberal professions, the clergy, students and pupils) to carry out agricultural and other development work as decided by the Government;

–           Legislative Ordinance No. 71/087 of 14 September 1971 on the minimum personal contribution, sections 18 to 21 which provide for imprisonment involving compulsory labour, upon decision of the chief of the local community or the area commissioner, of taxpayers who have defaulted on their minimum personal contributions.

The Committee previously noted the Government’s reiterated indications, first referring to draft amendments to these texts and then indicating that they have lapsed and have therefore been repealed in practice. In its report, the Government again indicates that these texts are no longer applied. In reply to the Committee’s request to formally repeal these texts to provide guarantees of legal security, the Government indicates that legal security is ensured by both the 2006 Constitution and the 2002 Labour Code, which prohibit the use of forced labour, and by section 332 of the Labour Code, which provides that all the previous conflicting provisions are repealed and replaced, and that only the institutions, procedures and regulations which do not conflict with the new Labour Code still remain in force. The Committee notes the Government’s view, according to which legal security is not compromised by the absence of the formal repeal of these texts.

With reference to Ordinance No. 15/APAJ of 20 January 1938 concerning the prison system in indigenous districts, which allows work to be exacted from detainees who have not been convicted, the Government indicates that detainees who have not been convicted are only subject to the obligation to clean their cells and sanitary installations. The Committee expresses the hope that during the next revision on the penal legislation or on the regulations on the prison system, the Government will take the necessary measures to repeal Ordinance No. 15/APAJ of 20 January 1938 which is not in the list of texts that have been repealed by Ordinance No. 344 of 15 September 1965 respecting prison labour.

[The Government is asked to supply full particulars to the Conference at its 100th Session and to reply in detail to the present comments in 2011.]

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

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 (paragraph 1), and 2 (paragraph 1), of the Convention.
1. Forced labour in cases of vagrancy. In its previous comments, the Committee noted that pursuant to the Decree on vagrancy and begging of 23 May 1896 persons may be arrested, judged by a court and convicted of vagrancy or of begging. The court may decide to put them at the Government’s disposal for a certain period by placing them in an establishment. Able-bodied persons thus placed are forced to work in refuse collection, agriculture, maintenance, cleaning, construction of buildings or roads, or to perform other work in the general interest (section 7 of the General Government Order of 26 May 1913). The Committee recalled that the laws which oblige all able-bodied citizens to be gainfully employed or face legal penalties are incompatible with the Convention, and that the laws, which define vagrancy in such general terms that they may serve directly or indirectly as a means of forcing persons to work, should be amended so that only persons disturbing the public order who not only habitually refrain from working but are also without lawful means of subsistence should incur penalties. Since the Government has communicated no information on this matter in its latest report, the Committee again requests it to provide information on the measures taken or envisaged with a view to bringing the Decree on vagrancy and begging of 23 May 1896 into conformity with the Convention. In addition, the Committee requests the Government to communicate, where applicable, copies of any judgements based on this Decree or referring to it.

2. Possibility for judges to resign. In its previous comments, the Committee noted that under section 38 of Legislative Ordinance No. 88-056 of 29 September 1988 concerning the status of judges, their resignations must be accepted by the President of the Republic. The Committee requested the Government to clarify whether the President could in practice refuse to accept a resignation and, if so, for what reasons. Since the Government has communicated no information on this matter in its latest report, the Committee hopes that it will be in a position to provide the requested information in its next report.

3. “Pygmies” as victims of forced labour. The Committee notes the Concluding Observations of the United Nations Committee on the Elimination of Racial Discrimination (document CERD/C/COD/CO/15 dated 17 August 2007). It notes that the Committee states that it is particularly concerned at reports about the situation of “Pygmies” who are sometimes subjected to forced labour. The Committee would be grateful if the Government would provide information in this regard.

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

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:

Articles 1, paragraph 1, and 2, paragraph 1, of the Convention. 1. Work exacted for national development purposes. For several years the Committee has been requesting the Government to repeal Act No. 76-011 of 21 May 1976 concerning national development efforts and its Implementing Order No. 00748/BCE/AGRI/76 of 11 June 1976 concerning the performance of civic tasks in the context of the national food production programme. These legal texts, which aim to increase productivity in all sectors of national life, are contrary to the Convention inasmuch as they require, on pain of penal sanctions, every able-bodied adult person who is not already considered to be making his contribution by reason of his employment to carry out agricultural and other development work as decided by the Government. The legal texts also deem certain persons to be making their contribution, namely political representatives, wage earners and apprentices, public servants, tradesmen, members of the liberal professions, the clergy, students and pupils. The Committee notes that, in its latest report, the Government reiterates its previous declarations to the effect that these texts have lapsed and therefore, in effect, have been repealed. The Committee stresses the importance of formally repealing texts which are contrary to the Convention, out of a concern for legal finality. It again expresses the hope that the Government will soon be in a position to communicate information on the measures taken to repeal or amend the abovementioned texts so as to ensure their conformity with the Convention in fact as well as in law.

2. Work exacted as a means of levying taxes. In its previous comments the Committee drew the Government’s attention to sections 18 to 21 of Legislative Ordinance No. 71/087 of 14 September 1971 on minimum personal contributions, which provide for imprisonment involving compulsory labour, upon decision of the chief of the local community or the area commissioner, of taxpayers who have defaulted on their minimum personal contributions. The Committee notes that, contrary to the information provided in its previous reports, according to which draft amendments to the provisions in question were under consideration, the Government, in its latest report, indicates that these provisions have lapsed and have therefore been effectively repealed. Recalling that this matter has been the subject of its comments for many years, the Committee again expresses the firm hope that the Government will shortly adopt the necessary measures to ensure the conformity of the legislation with the Convention.

Article 2, paragraph 2(c). Work exacted from detainees in preventive detention. For many years the Committee has been drawing the Government’s attention to Ordinance No. 15/APAJ of 20 January 1938 concerning the prison system in indigenous districts, which allows work to be exacted from detainees who have not been convicted. The Government stated that, under section 64.3 of the Ordinance of 1965 governing prison labour, detainees who have not been convicted are not subject to the obligation to work. The Committee notes that in its latest report, the Government again indicates that Ordinance No. 15/APAJ has lapsed and therefore has, in effect, been repealed. It again expresses the hope that the next time the legislation in this field is revised, the Government will adopt the necessary measures to repeal formally Ordinance No. 15/APAJ, so as to avoid any legal ambiguity.

Article 25. Penal sanctions. In its previous comments, the Committee stressed the need to include a provision in national legislation establishing penal sanctions for persons who unlawfully exact forced or compulsory labour, in accordance with Article 25 of the Convention. It noted that, under section 323 of the Labour Code adopted in 2002, any infringement of section 2.3, which prohibits the use of forced or compulsory labour, shall be punished by a maximum of six months’ penal servitude plus a fine or by only one of these penalties, without prejudice to criminal legislation laying down more severe penalties. In this regard, the Committee expressed the hope that the Government would indicate the penal provisions which prohibit and sanction recourse to forced labour. Since the Government has not replied to its previous observation on this matter, the Committee would be grateful if it would provide the requested information in its next report. Furthermore, it once again requests the Government to send an updated copy of the Penal Code and of the Code of Criminal Procedure.

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)

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 reads as follows:

Articles 1(1) and 2(1) of the Convention. 1. Forced labour in cases of vagrancy. In its previous comments, the Committee noted that pursuant to the Decree on vagrancy and begging of 23 May 1896 persons may be arrested, judged by a court and convicted of vagrancy or of begging. The court may decide to put them at the Government’s disposal for a certain period by placing them in an establishment. Able-bodied persons thus placed are forced to work in refuse collection, agriculture, maintenance, cleaning, construction of buildings or roads, or to perform other work in the general interest (section 7 of the General Government Order of 26 May 1913). The Committee recalled that the laws which oblige all able-bodied citizens to be gainfully employed or face legal penalties are incompatible with the Convention, and that the laws, which define vagrancy in such general terms that they may serve directly or indirectly as a means of forcing persons to work, should be amended so that only persons disturbing the public order who not only habitually refrain from working but are also without lawful means of subsistence should incur penalties. Since the Government has communicated no information on this matter in its latest report, the Committee again requests it to provide information on the measures taken or envisaged with a view to bringing the Decree on vagrancy and begging of 23 May 1896 into conformity with the Convention. In addition, the Committee requests the Government to communicate, where applicable, copies of any judgements based on this Decree or referring to it.

2. Possibility for judges to resign. In its previous comments, the Committee noted that under section 38 of Legislative Ordinance No. 88-056 of 29 September 1988 concerning the status of judges, their resignations must be accepted by the President of the Republic. The Committee requested the Government to clarify whether the President could in practice refuse to accept a resignation and, if so, for what reasons. Since the Government has communicated no information on this matter in its latest report, the Committee hopes that it will be in a position to provide the requested information in its next report.

3. “Pygmies” as victims of forced labour. The Committee notes the Concluding Observations of the United Nations Committee on the Elimination of Racial Discrimination (document CERD/C/COD/CO/15 dated 17 August 2007). It notes that the Committee states that it is particularly concerned at reports about the situation of “Pygmies” who are sometimes subjected to forced labour. The Committee would be grateful if the Government would provide information in this regard.

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

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

Articles 1(1) and 2(1) of the Convention. 1. Work exacted for national development purposes. For several years the Committee has been requesting the Government to repeal Act No. 76-011 of 21 May 1976 concerning national development efforts and its Implementing Order No. 00748/BCE/AGRI/76 of 11 June 1976 concerning the performance of civic tasks in the context of the national food production programme. These legal texts, which aim to increase productivity in all sectors of national life, are contrary to the Convention inasmuch as they require, on pain of penal sanctions, every able-bodied adult person who is not already considered to be making his contribution by reason of his employment to carry out agricultural and other development work as decided by the Government. The legal texts also deem certain persons to be making their contribution, namely political representatives, wage earners and apprentices, public servants, tradesmen, members of the liberal professions, the clergy, students and pupils. The Committee notes that, in its latest report, the Government reiterates its previous declarations to the effect that these texts have lapsed and therefore, in effect, have been repealed. The Committee stresses the importance of formally repealing texts which are contrary to the Convention, out of a concern for legal finality. It again expresses the hope that the Government will soon be in a position to communicate information on the measures taken to repeal or amend the abovementioned texts so as to ensure their conformity with the Convention in fact as well as in law.

2. Work exacted as a means of levying taxes. In its previous comments the Committee drew the Government’s attention to sections 18 to 21 of Legislative Ordinance No. 71/087 of 14 September 1971 on minimum personal contributions, which provide for imprisonment involving compulsory labour, upon decision of the chief of the local community or the area commissioner, of taxpayers who have defaulted on their minimum personal contributions. The Committee notes that, contrary to the information provided in its previous reports, according to which draft amendments to the provisions in question were under consideration, the Government, in its latest report, indicates that these provisions have lapsed and have therefore been effectively repealed. Recalling that this matter has been the subject of its comments for many years, the Committee again expresses the firm hope that the Government will shortly adopt the necessary measures to ensure the conformity of the legislation with the Convention.

Article 2(2)(c). Work exacted from detainees in preventive detention. For many years the Committee has been drawing the Government’s attention to Ordinance No. 15/APAJ of 20 January 1938 concerning the prison system in indigenous districts, which allows work to be exacted from detainees who have not been convicted. The Government stated that, under section 64.3 of the Ordinance of 1965 governing prison labour, detainees who have not been convicted are not subject to the obligation to work. The Committee notes that in its latest report, the Government again indicates that Ordinance No. 15/APAJ has lapsed and therefore has, in effect, been repealed. It again expresses the hope that the next time the legislation in this field is revised, the Government will adopt the necessary measures to repeal formally Ordinance No. 15/APAJ, so as to avoid any legal ambiguity.

Article 25. Penal sanctions. In its previous comments, the Committee stressed the need to include a provision in national legislation establishing penal sanctions for persons who unlawfully exact forced or compulsory labour, in accordance with Article 25 of the Convention. It noted that, under section 323 of the Labour Code adopted in 2002, any infringement of section 2.3, which prohibits the use of forced or compulsory labour, shall be punished by a maximum of six months’ penal servitude plus a fine or by only one of these penalties, without prejudice to criminal legislation laying down more severe penalties. In this regard, the Committee expressed the hope that the Government would indicate the penal provisions which prohibit and sanction recourse to forced labour. Since the Government has not replied to its previous observation on this matter, the Committee would be grateful if it would provide the requested information in its next report. Furthermore, it once again requests the Government to send an updated copy of the Penal Code and of the Code of Criminal Procedure.

In addition, the Committee addresses a request directly to the Government concerning other points.

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

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

Forced labour in cases of vagrancy. In its previous comments, the Committee noted that pursuant to the Decree on vagrancy and begging of 23 May 1896 persons may be arrested, judged by a court and convicted of vagrancy or of begging. The court may decide to put them at the Government’s disposal for a certain period by placing them in an establishment. Able-bodied persons thus placed are forced to work in refuse collection, agriculture, maintenance, cleaning, construction of buildings or roads, or to perform other work in the general interest (section 7 of the General Government Order of 26 May 1913). The Committee recalled that the laws which oblige all able-bodied citizens to be gainfully employed or face legal penalties are incompatible with the Convention, and that the laws, which define vagrancy in such general terms that they may serve directly or indirectly as a means of forcing persons to work, should be amended so that only persons disturbing the public order who not only habitually refrain from working but are also without lawful means of subsistence should incur penalties. Since the Government has communicated no information on this matter in its latest report, the Committee again requests it to provide information on the measures taken or envisaged with a view to bringing the Decree on vagrancy and begging of 23 May 1896 into conformity with the Convention. In addition, the Committee requests the Government to communicate, where applicable, copies of any judgements based on this Decree or referring to it.

Possibility for judges to resign. In its previous comments, the Committee noted that under section 38 of Legislative Ordinance No. 88-056 of 29 September 1988 concerning the status of judges, their resignations must be accepted by the President of the Republic. The Committee requested the Government to clarify whether the President could in practice refuse to accept a resignation and, if so, for what reasons. Since the Government has communicated no information on this matter in its latest report, the Committee hopes that it will be in a position to provide the requested information in its next report.

“Pygmies” as victims of forced labour. The Committee notes the Concluding Observations of the United Nations Committee on the Elimination of Racial Discrimination (document CERD/C/COD/CO/15 dated 17 August 2007). It notes that the Committee states that it is particularly concerned at reports about the situation of “Pygmies” who are sometimes subjected to forced labour. The Committee would be grateful if the Government would provide information in this regard.

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

Articles 1(1) and 2(1) of the Convention. 1. Work exacted for national development purposes. For several years the Committee has been requesting the Government to repeal Act No. 76-011 of 21 May 1976 concerning national development efforts and its Implementing Order No. 00748/BCE/AGRI/76 of 11 June 1976 concerning the performance of civic tasks in the context of the national food production programme. These legal texts, which aim to increase productivity in all sectors of national life, are contrary to the Convention inasmuch as they require, on pain of penal sanctions, every able-bodied adult person who is not already considered to be making his contribution by reason of his employment to carry out agricultural and other development work as decided by the Government. The legal texts also deem certain persons to be making their contribution, namely political representatives, wage earners and apprentices, public servants, tradesmen, members of the liberal professions, the clergy, students and pupils. The Committee notes that, in its latest report, the Government reiterates its previous declarations to the effect that these texts have lapsed and therefore, in effect, have been repealed. The Committee stresses the importance of formally repealing texts which are contrary to the Convention, out of a concern for legal finality. It again expresses the hope that the Government will soon be in a position to communicate information on the measures taken to repeal or amend the abovementioned texts so as to ensure their conformity with the Convention in fact as well as in law.

2. Work exacted as a means of levying taxes. In its previous comments the Committee drew the Government’s attention to sections 18 to 21 of Legislative Ordinance No. 71/087 of 14 September 1971 on minimum personal contributions, which provide for imprisonment involving compulsory labour, upon decision of the chief of the local community or the area commissioner, of taxpayers who have defaulted on their minimum personal contributions. The Committee notes that, contrary to the information provided in its previous reports, according to which draft amendments to the provisions in question were under consideration, the Government, in its latest report, indicates that these provisions have lapsed and have therefore been effectively repealed. Recalling that this matter has been the subject of its comments for many years, the Committee again expresses the firm hope that the Government will shortly adopt the necessary measures to ensure the conformity of the legislation with the Convention.

Article 2(2)(c). Work exacted from detainees who have not been convicted. For many years the Committee has been drawing the Government’s attention to Ordinance No. 15/APAJ of 20 January 1938 concerning the prison system in indigenous districts, which allows work to be exacted from detainees who have not been convicted. The Government stated that, under section 64.3 of the Ordinance of 1965 governing prison labour, detainees who have not been convicted are not subject to the obligation to work. The Committee notes that in its latest report, the Government again indicates that Ordinance No. 15/APAJ has lapsed and therefore has, in effect, been repealed. It again expresses the hope that the next time the legislation in this field is revised, the Government will adopt the necessary measures to repeal formally Ordinance No. 15/APAJ, so as to avoid any legal ambiguity.

Article 25. Penal sanctions. In its previous comments, the Committee stressed the need to include a provision in national legislation establishing penal sanctions for persons who unlawfully exact forced or compulsory labour, in accordance with Article 25 of the Convention. It noted that, under section 323 of the Labour Code adopted in 2002, any infringement of section 2.3, which prohibits the use of forced or compulsory labour, shall be punished by a maximum of six months’ penal servitude plus a fine or by only one of these penalties, without prejudice to criminal legislation laying down more severe penalties. In this regard, the Committee expressed the hope that the Government would indicate the penal provisions which prohibit and sanction recourse to forced labour. Since the Government has not replied to its previous observation on this matter, the Committee would be grateful if it would provide the requested information in its next report. Furthermore, it once again requests the Government to send an updated copy of the Penal Code and of the Code of Criminal Procedure.

In addition, the Committee addresses a request directly to the Government concerning other points.

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

The Committee notes that no report has been received from the Government. 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. Forced labour in cases of vagrancy. In its previous comments the Committee noted that pursuant to the Decree on vagrancy and begging of 23 May 1896 persons may be arrested, judged by a court and convicted of vagrancy or of begging. The court may decide to put them at the Government’s disposal for a certain period by placing them in an establishment. Able-bodied persons thus placed are forced to work in refuse collection, agriculture, maintenance, cleaning, construction of buildings or roads, or to perform other work in the general interest (section 7 of the General Government Order of 26 May 1913). In its last report the Government states that the Ministry of Labour and Social Welfare submitted this matter for harmonization to the Monitoring Committee at the Ministry of Human Rights. The Committee notes this information. It recalls that the laws which oblige all able-bodied citizens to be gainfully employed or face legal penalties are incompatible with the Convention, and that the laws which define vagrancy in such general terms that they may serve directly or indirectly as a means of forcing persons to work should be amended so that only persons disturbing the public order who not only habitually refrain from working but are also without lawful means of subsistence should incur penalties. The Committee requests the Government to provide information on any measures adopted further to the examination of the situation by the Monitoring Committee. Please indicate also whether the Decree on vagrancy and begging of 23 May 1896 is still in force and, if appropriate, to send a copy of any judgements referring to it.

2. Possibility for judges to resign. In its previous comments the Committee noted that under section 38 of Legislative Ordinance No. 88-056 of 29 September 1988 concerning the status of judges, judges’ resignations must be accepted by the President of the Republic. The Committee requested the Government to clarify whether the President could in practice refuse to accept a resignation and, if so, for what reasons. Noting that the Government indicates in its report that the Ministry of Labour and Social Welfare has submitted this matter to the Ministry of Justice for further information, the Committee hopes that the Government’s next report will contain the clarifications requested.

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. Work exacted for national development purposes. For several years the Committee has been requesting the Government to repeal Act No. 76-011 of 21 May 1976 concerning national development efforts and its Implementing Order No. 00748/BCE/AGRI/76 of 11 June 1976 concerning the performance of civic tasks in the context of the national food production programme. These legal texts, which aim to increase productivity in all sectors of national life, are contrary to the Convention inasmuch as they require, on pain of penal sanctions, every able-bodied adult person who is not already considered to be making his contribution by reason of his employment to carry out agricultural and other development work as decided by the Government (those already deemed to be making their contribution are political representatives, wage earners and apprentices, public servants, tradesmen, members of the liberal professions, the clergy, students and pupils). In this regard the Government previously stated that Act No. 76-011 and its implementing legislation were not applied. It explains in its last report that the Ministry of Labour and Welfare asked the Monitoring Committee at the Ministry of Human Rights to examine the provisions of national legislation which conflict with the application of the Conventions ratified by the Democratic Republic of the Congo. The Committee trusts that further to this examination the necessary measures will be adopted to repeal or amend the abovementioned texts so as to ensure their conformity with the Convention.

2. Work exacted as a means of levying taxes. In its previous comments the Committee drew the Government’s attention to sections 18 to 21 of Legislative Ordinance No. 71/087 of 14 September 1971 on minimum personal contributions, which provides for imprisonment involving compulsory labour, by decision of the chief of the local community or the area commissioner, of taxpayers who have defaulted on their minimum personal contributions. The Committee noted the information repeated by the Government reporting draft amendments to the provisions in question. It notes that, as for the texts referred to in point 1 of this observation, the provisions of Legislative Ordinance No. 71/087 will be submitted to the Monitoring Committee for examination. Recalling that this matter has been the subject of its comments for many years, the Committee expresses the firm hope that the Government will shortly adopt the necessary measures to ensure the conformity of the legislation with the Convention.

3. Article 2, paragraph 2(c), of the Convention. Work exacted from detainees who have not been convicted. For many years the Committee has been drawing the Government’s attention to Ordinance No. 15/APAJ of 20 January 1938 concerning the prison system in indigenous districts which allows work to be exacted from detainees who have not been convicted. It noted in its last observation that, contrary to what the Government indicated, this Ordinance was not formally repealed by Ordinance No. 344 of 17 September 1965 governing prison work. In its last report the Government again indicates that the 1938 Ordinance concerning the prison system in indigenous districts has fallen into disuse and that since the country’s independence the indigenous districts have ceased to exist. The Government also states that, under section 64.3 of the Ordinance of 1965 governing prison labour, detainees who have not been convicted are not subject to the obligation to work. The Committee notes this information. It hopes that the next time the legislation in this field is revised the Government will not fail to adopt the necessary measures to repeal formally Ordinance No. 15/APAJ, so as to avoid any legal ambiguity.

4. Forced labour of children. On the basis of the concluding observations of the Committee on the Rights of the Child (CRC/C/15/Add.153), of the Committee on the Elimination of Discrimination Against Women (A/55/38), and of the observations of the Special Rapporteur of the Commission on Human Rights (E/CN.4/2001/40), the Committee previously requested the Government to provide information on the situation of children working in mines (notably the Kasaï mines and certain locations in Lubumbashi), on the recruitment of child soldiers and on the allegations concerning the sale, trafficking and exploitation for pornographic purposes of girls and boys and concerning the prostitution of girls.

Regarding the situation of child soldiers, the Government indicated in its report communicated in 2002 the adoption on 9 June 2000 of Legislative Decree No. 066 concerning the demobilization and reintegration of vulnerable categories of persons forming part of combatant groups. This Decree is aimed at the demobilization and reintegration into families and/or socio-economic structures of vulnerable categories of persons in the Congolese armed forces or in any other public or private armed group. Child soldiers - boys and girls under 18 years of age - form part of a particular vulnerable category justifying urgent humanitarian intervention. The same year, a national awareness campaign on the demobilization and reintegration of child soldiers was launched by the President of the Republic. The Government indicates that, in collaboration with the National Office for Demobilization and Reintegration (BUNADER), the test phase of the demobilization project has made it possible to demobilize 300 child soldiers enrolled in the army in the city of Kinshasa. Demobilization is continuing in the other provinces of the country and the goal of the project is to demobilize 1,500 child soldiers.

The Committee notes all the above information. It also notes that section 3 of the Labour Code provides for the abolition of all the worst forms of child labour, including the forced or compulsory recruitment of children for use in armed conflicts. Despite the action taken by the Government in this field, the Committee notes with concern that the United Nations Security Council, in Resolution No. 1493 adopted on 28 July 2003, "… strongly condemns the continued recruitment and use of children in the hostilities in the Democratic Republic of the Congo, especially in North and South Kivu and in Ituri …". In addition, the United Nations Commission on Human Rights, in Resolution No. 84 adopted on 21 April 2004, "… urges all the parties … to put an end to the recruitment and use of child soldiers, contrary to international law …".

The Committee notes that the Government has ratified the Worst Forms of Child Labour Convention, 1999 (No. 182), and this year has provided the first report on its application. Inasmuch as Article 3, paragraphs (a) and (d) of Convention No. 182 state that the worst forms of child labour include "all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour, including forced or compulsory recruitment of children for use in armed conflict" and "work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children", the Committee considers that the problem of the recruitment of child soldiers, the situation of children working in mines and the allegations concerning the sale, trafficking and exploitation for pornographic purposes of girls and boys and concerning the prostitution of girls may be examined more specifically in the context of Convention No. 182.

5. Article 25. Penal sanctions. In its previous comments the Committee stressed the need to include a provision in national legislation establishing penal sanctions for persons who unlawfully exact forced or compulsory labour, in accordance with Article 25 of the Convention. It notes with interest that, under section 323 of the Labour Code adopted in 2002, any infringement of section 2.3, which prohibits the use of forced or compulsory labour, shall be punished by a maximum of six months’ penal servitude plus a fine or by only one of these penalties, without prejudice to criminal  legislation laying down more severe penalties. In this regard, the Committee would be grateful if the Government would indicate the criminal law provisions which prohibit and penalize the use of forced labour. It once again requests the Government to send an up-to-date copy of the Penal Code and of the Code of Penal Procedure.

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

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

1. Forced labour in cases of vagrancy. In its previous comments the Committee noted that pursuant to the Decree on vagrancy and begging of 23 May 1896 persons may be arrested, judged by a court and convicted of vagrancy or of begging. The court may decide to put them at the Government’s disposal for a certain period by placing them in an establishment. Able-bodied persons thus placed are forced to work in refuse collection, agriculture, maintenance, cleaning, construction of buildings or roads, or to perform other work in the general interest (section 7 of the General Government Order of 26 May 1913). In its last report the Government states that the Ministry of Labour and Social Welfare submitted this matter for harmonization to the Monitoring Committee at the Ministry of Human Rights. The Committee notes this information. It recalls that the laws which oblige all able-bodied citizens to be gainfully employed or face legal penalties are incompatible with the Convention, and that the laws which define vagrancy in such general terms that they may serve directly or indirectly as a means of forcing persons to work should be amended so that only persons disturbing the public order who not only habitually refrain from working but are also without lawful means of subsistence should incur penalties. The Committee requests the Government to provide information on any measures adopted further to the examination of the situation by the Monitoring Committee. Please indicate also whether the Decree on vagrancy and begging of 23 May 1896 is still in force and, if appropriate, to send a copy of any judgements referring to it.

2. Possibility for judges to resign. In its previous comments the Committee noted that under section 38 of Legislative Ordinance No. 88-056 of 29 September 1988 concerning the status of judges, judges’ resignations must be accepted by the President of the Republic. The Committee requested the Government to clarify whether the President could in practice refuse to accept a resignation and, if so, for what reasons. Noting that the Government indicates in its report that the Ministry of Labour and Social Welfare has submitted this matter to the Ministry of Justice for further information, the Committee hopes that the Government’s next report will contain the clarifications requested.

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

The Committee notes the adoption of the new Labour Code (Act No. 015/2002 of 16 October 2002) and of the transitional Constitution. It notes with satisfaction that the new Labour Code has deleted the exception to forced labour provided for in section 2 of the 1967 Labour Code which permitted persons to be forced to perform work in the public interest beyond the scope of the exception contained in Article 2, paragraph 2(b), of the Convention.

1. Work exacted for national development purposes. For several years the Committee has been requesting the Government to repeal Act No. 76-011 of 21 May 1976 concerning national development efforts and its Implementing Order No. 00748/BCE/AGRI/76 of 11 June 1976 concerning the performance of civic tasks in the context of the national food production programme. These legal texts, which aim to increase productivity in all sectors of national life, are contrary to the Convention inasmuch as they require, on pain of penal sanctions, every able-bodied adult person who is not already considered to be making his contribution by reason of his employment to carry out agricultural and other development work as decided by the Government (those already deemed to be making their contribution are political representatives, wage earners and apprentices, public servants, tradesmen, members of the liberal professions, the clergy, students and pupils). In this regard the Government previously stated that Act No. 76-011 and its implementing legislation were not applied. It explains in its last report that the Ministry of Labour and Welfare asked the Monitoring Committee at the Ministry of Human Rights to examine the provisions of national legislation which conflict with the application of the Conventions ratified by the Democratic Republic of the Congo. The Committee trusts that further to this examination the necessary measures will be adopted to repeal or amend the abovementioned texts so as to ensure their conformity with the Convention.

2. Work exacted as a means of levying taxes. In its previous comments the Committee drew the Government’s attention to sections 18 to 21 of Legislative Ordinance No. 71/087 of 14 September 1971 on minimum personal contributions, which provides for imprisonment involving compulsory labour, by decision of the chief of the local community or the area commissioner, of taxpayers who have defaulted on their minimum personal contributions. The Committee noted the information repeated by the Government reporting draft amendments to the provisions in question. It notes that, as for the texts referred to in point 1 of this observation, the provisions of Legislative Ordinance No. 71/087 will be submitted to the Monitoring Committee for examination. Recalling that this matter has been the subject of its comments for many years, the Committee expresses the firm hope that the Government will shortly adopt the necessary measures to ensure the conformity of the legislation with the Convention.

3. Article 2, paragraph 2(c), of the Convention. Work exacted from detainees who have not been convicted. For many years the Committee has been drawing the Government’s attention to Ordinance No. 15/APAJ of 20 January 1938 concerning the prison system in indigenous districts which allows work to be exacted from detainees who have not been convicted. It noted in its last observation that, contrary to what the Government indicated, this Ordinance was not formally repealed by Ordinance No. 344 of 17 September 1965 governing prison work. In its last report the Government again indicates that the 1938 Ordinance concerning the prison system in indigenous districts has fallen into disuse and that since the country’s independence the indigenous districts have ceased to exist. The Government also states that, under section 64.3 of the Ordinance of 1965 governing prison labour, detainees who have not been convicted are not subject to the obligation to work. The Committee notes this information. It hopes that the next time the legislation in this field is revised the Government will not fail to adopt the necessary measures to repeal formally Ordinance No. 15/APAJ, so as to avoid any legal ambiguity.

4. Forced labour of children. On the basis of the concluding observations of the Committee on the Rights of the Child (CRC/C/15/Add.153), of the Committee on the Elimination of Discrimination Against Women (A/55/38), and of the observations of the Special Rapporteur of the Commission on Human Rights (E/CN.4/2001/40), the Committee previously requested the Government to provide information on the situation of children working in mines (notably the Kasaï mines and certain locations in Lubumbashi), on the recruitment of child soldiers and on the allegations concerning the sale, trafficking and exploitation for pornographic purposes of girls and boys and concerning the prostitution of girls.

Regarding the situation of child soldiers, the Government indicated in its report communicated in 2002 the adoption on 9 June 2000 of Legislative Decree No. 066 concerning the demobilization and reintegration of vulnerable categories of persons forming part of combatant groups. This Decree is aimed at the demobilization and reintegration into families and/or socio-economic structures of vulnerable categories of persons in the Congolese armed forces or in any other public or private armed group. Child soldiers - boys and girls under 18 years of age - form part of a particular vulnerable category justifying urgent humanitarian intervention. The same year, a national awareness campaign on the demobilization and reintegration of child soldiers was launched by the President of the Republic. The Government indicates that, in collaboration with the National Office for Demobilization and Reintegration (BUNADER), the test phase of the demobilization project has made it possible to demobilize 300 child soldiers enrolled in the army in the city of Kinshasa. Demobilization is continuing in the other provinces of the country and the goal of the project is to demobilize 1,500 child soldiers.

The Committee notes all the above information. It also notes that section 3 of the Labour Code provides for the abolition of all the worst forms of child labour, including the forced or compulsory recruitment of children for use in armed conflicts. Despite the action taken by the Government in this field, the Committee notes with concern that the United Nations Security Council, in Resolution No. 1493 adopted on 28 July 2003, "… strongly condemns the continued recruitment and use of children in the hostilities in the Democratic Republic of the Congo, especially in North and South Kivu and in Ituri …". In addition, the United Nations Commission on Human Rights, in Resolution No. 84 adopted on 21 April 2004, "… urges all the parties … to put an end to the recruitment and use of child soldiers, contrary to international law …".

The Committee notes that the Government has ratified the Worst Forms of Child Labour Convention, 1999 (No. 182), and this year has provided the first report on its application. Inasmuch as Article 3, paragraphs (a) and (d) of Convention No. 182 state that the worst forms of child labour include "all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour, including forced or compulsory recruitment of children for use in armed conflict" and "work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children", the Committee considers that the problem of the recruitment of child soldiers, the situation of children working in mines and the allegations concerning the sale, trafficking and exploitation for pornographic purposes of girls and boys and concerning the prostitution of girls may be examined more specifically in the context of Convention No. 182.

5. Article 25 of the Convention. Penal sanctions. In its previous comments the Committee stressed the need to include a provision in national legislation establishing penal sanctions for persons who unlawfully exact forced or compulsory labour, in accordance with Article 25 of the Convention. It notes with interest that, under section 323 of the Labour Code adopted in 2002, any infringement of section 2.3, which prohibits the use of forced or compulsory labour, shall be punished by a maximum of six months’ penal servitude plus a fine or by only one of these penalties, without prejudice to criminal  legislation laying down more severe penalties. In this regard the Committee would be grateful if the Government would indicate the criminal law provisions which prohibit and penalize the use of forced labour. It once again requests the Government to send an up-to-date copy of the Penal Code and of the Code of Penal Procedure.

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

1. Forced labour in cases of vagrancy. The Committee notes that pursuant to the Decree on vagrancy and begging of 23 May 1896 persons may be arrested, judged by a court and convicted of vagrancy or of begging. The Committee notes that the judge decides of his own free will whether the person brought before him is a vagrant. In accordance with section 64 and 66 of Ordinance No. 344 of 17 September 1965 on the prison system, the convicted persons are forced to perform work on roads, culture, maintenance, cleaning, brush clearing or on the construction of buildings or roads or other public utility work. The Committee therefore notes that an unemployed person convicted of vagrancy or begging may be forced to do compulsory labour.

The Committee recalls that only persons who disturb the public order by unlawful acts should incur penalties. The Committee requests the Government to indicate whether the Decree of 23 May 1896 is still in force and to communicate any information on the concept of vagrancy, including any judgements on this subject.

2. The Committee notes that under section 2 of the Labour Code every able bodied citizen has a moral obligation to work. Under section 5 of Order No. 71/0051 of 20 April 1971 on placement of workers, any unemployed person who is fit for work must register at the employment office and this registration is considered as an application for employment. When an employment application corresponds to an offer, the employment office proposes the job vacancy to the unemployed person. The unemployed person is then obliged to accept the job offered if it is deemed by the office to be appropriate, namely, if the job is appropriate for the worker’s physical and occupational capacity and if it is paid in accordance with the labour laws and collective agreements or, otherwise, with local usage. Section 10 of Order No. 71/0051 provides that a person who refuses without a valid reason the job proposed may be declared to be unavailable for work. The person may also be excluded from any assistance from the employment office in finding a job, for a period of up to three months.

The Committee requests the Government to give details on the sanctions which may be applied to the jobseeker in the event of refusal of the proposed job and, particularly, on the fact that a person may be declared to be unavailable for employment.

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

The Committee notes the Government’s response to its previous comments.

1. For several years the Committee has been requesting the Government to repeal or amend Act No. 76-011 of 21 May 1976 concerning national development efforts and its Implementing Order No. 00748/BCE/AGRI/76 of 11 June 1976 which are contrary to the Convention. The abovementioned act and its implementing order require, on pain of penal sanctions, every able-bodied adult person who is not already considered to be making his contribution by reason of this employment (political representatives, wage earners and apprentices, public servants, tradesmen, members of the liberal professions, the clergy, students and pupils), to carry out agricultural work and other development work as decided by the Government.

In its latest report, the Government states that although they have not been repealed, Act No. 76-011 and its implementing legislation are not applied.

The Committee hopes that the Government will take the necessary measures for the repeal or amendment of the abovementioned Act so as to bring the legislation into conformity with the Convention.

2. In its previous reports, the Committee noted problems related to sections 18 to 21 of Legislative Ordinance No. 71/087 of 14 September 1971 on minimum personal contributions which provides for the imprisonment involving compulsory labour of tax defaulters by decision of the chief of the local community or the area commissioner as a means of recovering the minimum personal contributions.

The Committee noted the information reiterated by the Government that draft amendments to the provisions in question were under consideration.

The Committee expresses the firm hope that the Government will shortly take the necessary measures to ensure the observance of the Convention.

3. Article 2, paragraph 2(c), of the Convention. The Committee drew the Government’s attention to Ordinance No. 15/APAJ of 20 January 1938 respecting the prison system in native districts which allows work to be exacted from detainees who have not been convicted.

In its latest report, the Government indicates that the abovementioned ordinance has been repealed by one of the sections of Ordinance No. 344 of 17 September 1965 governing prison labour. The Committee notes, however, that Ordinance No. 15/APAJ of 1938 is not listed among the legislation which is repealed by section 108 of Ordinance No. 344.

The Committee also noted the information supplied by the Government to the effect that the Supreme National Conference has decided to reform the penitentiary system and repeal certain provisions of the law. It expresses the strong hope that measures will be taken in the near future to bring national legislation into conformity with the Convention and that the Government will report on progress made in this regard.

4. Article 25. In its earlier comments, the Committee stressed the need to include a provision in national legislation establishing penal sanctions for persons who unlawfully exact forced or compulsory labour, in accordance with Article 25 of the Convention.

In its latest report, the Government reaffirms its intention to insert into the 1967 Labour Code, which is undergoing revision, provisions laying down effective penal sanctions for persons exacting forced labour.

The Committee expresses the strong hope that the legislation will soon be brought into conformity with the requirements of Article 25 of the Convention in the near future.

5. Article 2, paragraph 2(b). The Committee notes the prohibition of forced or compulsory labour provided in section 2 of the Labour Code of 9 August 1967. Section 2 also provides exceptions to this prohibition, including "any work or service forming part of the legal civic obligations in the public interest or that the community concerned has imposed of its own free will, such as the construction or maintenance of communication routes, the reconstruction and cleaning of dwelling places, delivery of supplies, land development or construction for economic, social or cultural purposes". This exception allows the authorities to force persons to perform general or local public works.

Article 2, paragraph 2(b), of the Convention exempts from its provisions any work or service which forms part of normal civil obligations. Referring to paragraph 34 of its 1979 General Survey on the abolition of forced or compulsory labour, the Committee recalls, however, that this exception cannot be invoked to justify recourse to forms of compulsory service which are contrary to other specific provisions of  the Convention. The work provided under section 2 of the Labour Code allowing the exaction of public works of general interest falls outside the framework provided by the exception in Article 2, paragraph 2(b), and are contrary to the Convention, in the light also of the specific conditions laid down in Article 2, paragraph 2(a), (d) and (e).

The Committee requests the Government to indicate the measures taken or contemplated to ensure compliance with the Convention on this point.

6. The Committee notes the concluding observations of the Committee on the Rights of the Child (CRC/C/15/Add.153, paragraph 66) according to which a large number of children work in dangerous places, notably in the Kasaï mines and in certain locations in Lubumbashi in conditions which are described as inhuman by the Special Rapporteur of the Commission on Human Rights (E/CN.4/2001/40, paragraph 105). Furthermore, according to section 32 of Order No. 68/13 of 17 May 1968, such work is prohibited for children under 18 years of age.

The Committee observes that the conditions described as inhuman bring into question the validity of the child’s agreement to carry out this work.

The Committee notes, furthermore, that the State or other protagonists in the armed conflict recruit children to use as soldiers, including children under 15 years of age (Committee on the Rights of the Child, CRC/C/15/Add.153 of 9 July 2001, paragraph 64).

Referring to the abovementioned observations of the Committee on the Rights of the Child and to the concluding observations of the Committee on the Elimination of Discrimination Against Women (A/55/38, paragraph 26), the Committee notes also the information concerning the sale, trade and exploitation for pornographic purposes of girls and boys as well as cases of prostitution of girls.

The Committee requests the Government to examine the situation of children working in mines, child soldiers and cases of exploitation of children for pornographic purposes in the light of the Convention and to communicate any information on the working conditions of these children. The Committee also requests the Government to indicate the national provisions punishing the trafficking in persons.

7. Possibility for judges to resign. The Committee notes that the status of judges is governed by Legislative Ordinance No. 88-056 of 29 September 1988 of which section 38 provides that judges’ resignations must be accepted by the President of the Republic.

The Committee requests the Government to supply further information in this regard, particularly on the possibility for the President of refusing to accept the resignation and in what circumstances.

8. The Committee requests the Government to supply a copy of the Penal Code, the Penal Procedure Code and the Legislative Ordinance on the suspension of compulsory civic service as well as the legislation on vagrancy and begging.

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

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

Referring to the 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 include in its next report information as to the present position in law and practice as regards:

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

1.  For several years the Committee has been asking the Government to repeal or amend certain legislative texts and regulations which are contrary to the Convention. They are:

-  Act No. 76-011 of 21 May 1976 concerning national development efforts and its Implementing Order No. 00748/BCE/AGRI/76 of 11 June 1976 which requires, under penalty of penal sanctions, every able-bodied adult person who is not already considered to be making his contribution by reason of his employment (political representatives, wage-earners and apprentices, public servants, tradesmen, members of the liberal professions, the clergy, students and pupils), to carry out agricultural work and other development work as decided by the Government;

-  sections 18 to 21 of Legislative Ordinance No. 71/087 of 14 September 1971 on minimum personal contributions, which provides for the imprisonment involving compulsory labour of tax defaulters by decision of the chief of the local community or the area commissioner, as a means of recovering the minimum personal contribution.

The Committee noted the information reiterated by the Government stating that there were draft amendments to the provisions in question.

The Committee expresses the strong hope that the Government will shortly take the necessary measures to ensure full application of the Convention.

2.  Article 2, paragraph 2(c), of the Convention.  The Committee drew the Government’s attention to Ordinance No. 15/APAJ of 20 January 1938 respecting the prison system in native districts, which allows work to be exacted from detainees who have not been sentenced.

The Committee noted, on the one hand, the Government’s indications that the text had fallen into disuse and was contrary to Ordinance No. 344 of 17 September 1965 governing prison labour and, on the other, the Government’s intention to repeal it.

The Committee also noted the information supplied by the Government to the effect that the Supreme National Conference has decided to reform the penitentiary system and repeal certain provisions of the law. The Committee expresses strongly the hope that measures will be taken in the near future to bring national legislation and practice into conformity with the Convention.

3.  Article 25.  In its earlier comments, the Committee stressed the need to include a provision in the national legislation establishing penal sanctions for persons who unlawfully exact forced or compulsory labour, in accordance with Article 25 of the Convention.

The Government indicated that, in view of the changes in industrial relations and personal freedoms, the revised draft of the 1967 Labour Code was under consideration and that provisions establishing penal sanctions for persons exacting forced labour would be inserted into it.

The Committee expresses strongly the hope that the Government will shortly bring legislation into conformity with the requirements of Article 25 of the Convention.

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 the 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 include in its next report information as to the present position in law and practice as regards:

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

1. For several years the Committee has been asking the Government to repeal or amend certain legislative texts and regulations which are contrary to the Convention. They are: -- Act No. 76-011 of 21 May 1976 concerning national development efforts and its Implementing Order No. 00748/BCE/AGRI/76 of 11 June 1976 which requires, under penalty of penal sanctions, every able-bodied adult person who is not already considered to be making his contribution by reason of his employment (political representatives, wage-earners and apprentices, public servants, tradesmen, members of the liberal professions, the clergy, students and pupils), to carry out agricultural work and other development work as decided by the Government; -- sections 18 to 21 of Legislative Ordinance No. 71/087 of 14 September 1971 on minimum personal contributions, which provides for the imprisonment involving compulsory labour of tax defaulters by decision of the chief of the local community or the area commissioner, as a means of recovering the minimum personal contribution. The Committee noted the information reiterated by the Government stating that there were draft amendments to the provisions in question. The Committee expresses the strong hope that the Government will shortly take the necessary measures to ensure full application of the Convention. 2. Article 2, paragraph 2(c), of the Convention. The Committee drew the Government's attention to Ordinance No. 15/APAJ of 20 January 1938 respecting the prison system in native districts, which allows work to be exacted from detainees who have not been sentenced. The Committee noted, on the one hand, the Government's indications that the text had fallen into disuse and was contrary to Ordinance No. 344 of 17 September 1965 governing prison labour and, on the other, the Government's intention to repeal it. The Committee also noted the information supplied by the Government to the effect that the Supreme National Conference has decided to reform the penitentiary system and repeal certain provisions of the law. The Committee expresses strongly the hope that measures will be taken in the near future to bring national legislation and practice into conformity with the Convention. 3. Article 25. In its earlier comments, the Committee stressed the need to include a provision in the national legislation establishing penal sanctions for persons who unlawfully exact forced or compulsory labour, in accordance with Article 25 of the Convention. The Government indicated that, in view of the changes in industrial relations and personal freedoms, the revised draft of the 1967 Labour Code was under consideration and that provisions establishing penal sanctions for persons exacting forced labour would be inserted into it. The Committee expresses strongly the hope that the Government will shortly bring legislation into conformity with the requirements of Article 25 of the Convention.

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(2)(b) and (c) and Article 25 of the Convention. The Committee again 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.]

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

In its previous comments, the Committee requested the Government to provide a copy of the provisions on civil rights and civic and military obligations, in application of article 87, paragraph 1, of the Constitution, as amended by Act No. 90-002 of 5 July 1990.

The Committee notes that the Government's latest report contains no reply on this matter. Nevertheless, the Committee has been apprised of constitutional Legislative Decree No. 003 of 27 May 1997 concerning the organization of power in the Democratic Republic of the Congo. Under article 14, all previous constitutional, legal and regulatory provisions which are contrary to the above-mentioned Decree are repealed.

The Committee requests the Government to supply information on the state of legislation relating to the Convention on forced labour and, particularly, the provisions on civil rights and civic and military obligations which were referred to in previous requests.

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

1. The Committee notes the general explanations given by the Government in its latest report to the effect that the delay in aligning legislative and regulatory texts which are contrary to the provisions of the Convention is due to the political and economic difficulties facing the country. The Committee also notes the Government's undertaking to comply with the provisions of the Convention as soon as the socio-political climate returns to normal. The Committee notes the adoption of constitutional Legislative Decree No. 003 of 27 May 1997 concerning the organization and exercise of power in the Democratic Republic of the Congo and, particularly, section 13 which stipulates that, "provided they are not contrary to the provisions of this constitutional legislative decree, the legislative and regulatory texts existing at the date of its promulgation remain in force until they are repealed".

2. For several years the Committee has been asking the Government to repeal or amend certain legislative texts and regulations which are contrary to the Convention. They are:

-- Act No. 76-011 of 21 May 1976 concerning national development efforts and its Implementing Order No. 00748/BCE/AGRI/76 of 11 June 1976 which requires, under penalty of penal sanctions, every able-bodied adult person who is not already considered to be making his contribution by reason of his employment (political representatives, wage-earners and apprentices, public servants, tradesmen, members of the liberal professions, the clergy, students and pupils), to carry out agricultural work and other development work as decided by the Government;

-- sections 18 to 21 of Legislative Ordinance No. 71/087 of 14 September 1971 on minimum personal contributions, which provides for the imprisonment involving compulsory labour of tax defaulters by decision of the chief of the local community or the area commissioner, as a means of recovering the minimum personal contribution.

The Committee noted the information reiterated by the Government stating that there were draft amendments to the provisions in question. It observes that the Government's latest report contains no information on the measures taken to bring these provisions into conformity with the Convention.

The Committee expresses strongly the hope that the Government will shortly take the necessary measures to ensure full application of the Convention.

3. Article 2, paragraph 2(c), of the Convention.The Committee drew the Government's attention to Ordinance No. 15/APAJ of 20 January 1938 respecting the prison system in native districts, which allows work to be exacted from detainees who have not been sentenced.

The Committee noted, on the one hand, the Government's indications that the text had fallen into disuse and was contrary to Ordinance No. 344 of 17 September 1965 governing prison labour and, on the other, the Government's intention to repeal it.

The Committee also noted the information supplied by the Government to the effect that the Supreme National Conference has decided to reform the penitentiary system and repeal certain provisions of the law. The Committee observes that, in its latest report, the Government provides no information on this matter. The Committee expresses strongly the hope that measures will be taken in the near future to bring national legislation and practice into conformity with the Convention.

4. Article 25. In its previous comments, the Committee stressed the need to include a provision in the national legislation establishing penal sanctions for persons who unlawfully exact forced or compulsory labour, in accordance with Article 25 of the Convention.

The Government indicated that, in view of the changes in industrial relations and personal freedoms, the revised draft of the 1967 Labour Code was under consideration and that provisions establishing penal sanctions for persons exacting forced labour would be inserted into it.

The Committee notes this information and expresses strongly the hope that the Government will shortly bring legislation into conformity with the requirements of Article 25 of the Convention.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes with regret that no report has been received from the Government. 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:

In its previous comments the Committee asked the Government to provide a copy of the provisions on civic rights and civic and military obligations, to be adopted under article 87(1) of the Constitution, as amended by Act No. 90-002 of 5 July 1990.

The Committee noted the information provided by the Government in its report for the period ending June 1992, to the effect that the Supreme National Conference has adopted the Act to issue constitutional provisions concerning the period of transition, and which for the time being replaces the Constitution. The Committee again expresses the hope that the Government will report on any developments regarding the Constitution and legislation, which are relevant to its previous requests.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes with regret that no report has been received from the Government. 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:

In its previous comments the Committee asked the Government to provide a copy of the provisions on civic rights and civic and military obligations, to be adopted under article 87(1) of the Constitution, as amended by Act No. 90-002 of 5 July 1990.

The Committee noted the information provided by the Government in its report for the period ending June 1992, to the effect that the Supreme National Conference has adopted the Act to issue constitutional provisions concerning the period of transition, and which for the time being replaces the Constitution. The Committee again expresses the hope that the Government will report on any developments regarding the Constitution and legislation, which are relevant to its previous requests.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

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

1. In comments it has been making for many years, the Committee has referred to the following texts: -- the provisions of Act No. 76-011 of 21 May 1976 concerning national development efforts, which require, under penalty of penal sanctions, every able-bodied adult person who is a national of Zaire and who is not already considered to be making his contribution by reason of his employment (political representatives, wage earners and apprentices, public servants, tradesmen, members of the liberal professions, the clergy, students and pupils), to carry out agricultural work and other development work laid down by the Government. It also noted the measures to implement the Act laid down in Departmental Order No. 00748/BCE/AGRI/76 of 11 June 1976; -- sections 18 to 21 of Legislative Ordinance No. 71-087 of 14 September 1971 on minimum personal contributions, which provides for the imprisonment with compulsory labour of tax defaulters by decision of the chief of the local community or the area commissioner, as a means of recovering the minimum personal contribution. For many years the Government has referred to draft amendments to the provisions in question. The Committee again expresses the hope that the Government will indicate the measures taken to bring these provisions into conformity with the Convention and that it will provide a copy of the texts adopted for this purpose. 2. The Government also stated its intention of repealing Ordinance No. 15/APAJ of 20 January 1938 respecting the prison system in native districts, which allows work to be exacted from detainees who have not been sentenced. The Government stated that this text had fallen into disuse and was contrary to Ordinance No. 344 of 17 September 1965 governing prison labour. The Committee noted the indications in the Government's report for the period ending 30 June 1992 that, following a critical analysis of the laws and regulations concerning the organization and operation of the judicial system, the Supreme National Conference has decided to reform the penitentiary system and repeal certain provisions of the law to ensure that detainees are integrated into society and contribute to the community. Detainees will maintain all the rights to which free men are entitled except the right to come and go freely. The Committee again expresses the hope that the provisions to be adopted will be consistent with those of Article 2, paragraph 2(c), of the Convention and that the Government will provide information on any developments in this regard. 3. In its previous comments, the Committee stressed the need to include a provision in the national legislation establishing penal sanctions for persons who unlawfully exact forced or compulsory labour, in accordance with Article 25 of the Convention. The Committee noted the Government's indication that it was planned to insert such a provision into the draft of the revised Labour Code. In its report for the period ending June 1992 the Government indicated that, in view of the changes in labour relations and personal freedoms, the draft of the revised Code had to be updated. The Committee trusts again that the final draft will prohibit forced or compulsory labour under penalty of really effective penal sanctions and that the Government will provide a copy of it.

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

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

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

1. In comments it has been making for many years, the Committee has referred to the following texts: - the provisions of Act No. 76-011 of 21 May 1976 concerning national development efforts, which require, under penalty of penal sanctions, every able-bodied adult person who is a national of Zaire and who is not already considered to be making his contribution by reason of his employment (political representatives, wage earners and apprentices, public servants, tradesmen, members of the liberal professions, the clergy, students and pupils), to carry out agricultural work and other development work laid down by the Government. It also noted the measures to implement the Act laid down in Departmental Order No. 00748/BCE/AGRI/76 of 11 June 1976; - sections 18 to 21 of Legislative Ordinance No. 71-087 of 14 September 1971 on minimum personal contributions, which provides for the imprisonment with compulsory labour of tax defaulters by decision of the chief of the local community or the area commissioner, as a means of recovering the minimum personal contribution. For many years the Government has referred to draft amendments to the provisions in question. The Committee again expresses the hope that the Government will indicate the measures taken to bring these provisions into conformity with the Convention and that it will provide a copy of the texts adopted for this purpose. 2. The Government also stated its intention of repealing Ordinance No. 15/APAJ of 20 January 1938 respecting the prison system in native districts, which allows work to be exacted from detainees who have not been sentenced. The Government stated that this text had fallen into disuse and was contrary to Ordinance No. 344 of 17 September 1965 governing prison labour. The Committee noted the indications in the Government's report for the period ending 30 June 1992 that, following a critical analysis of the laws and regulations concerning the organization and operation of the judicial system, the Supreme National Conference has decided to reform the penitentiary system and repeal certain provisions of the law to ensure that detainees are integrated into society and contribute to the community. Detainees will maintain all the rights to which free men are entitled except the right to come and go freely. The Committee again expresses the hope that the provisions to be adopted will be consistent with those of Article 2, paragraph 2(c), of the Convention and that the Government will provide information on any developments in this regard. 3. In its previous comments, the Committee stressed the need to include a provision in the national legislation establishing penal sanctions for persons who unlawfully exact forced or compulsory labour, in accordance with Article 25 of the Convention. The Committee noted the Government's indication that it was planned to insert such a provision into the draft of the revised Labour Code. In its report for the period ending June 1992 the Government indicated that, in view of the changes in labour relations and personal freedoms, the draft of the revised Code had to be updated. The Committee trusts again that the final draft will prohibit forced or compulsory labour under penalty of really effective penal sanctions and that the Government will provide a copy of it.

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

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

The Committee notes that no report has been received from the Government. 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:

In its previous comments the Committee asked the Government to provide a copy of the provisions on civic rights and civic and military obligations, to be adopted under article 87(1) of the Constitution, as amended by Act No. 90-002 of 5 July 1990.

The Committee noted the information provided by the Government in its report for the period ending June 1992, to the effect that the Supreme National Conference has adopted the Act to issue constitutional provisions concerning the period of transition, and which for the time being replaces the Constitution. The Committee again expresses the hope that the Government will report on any developments regarding the Constitution and legislation, which are relevant to its previous requests.

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

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation on the following points:

1. In comments it has been making for many years, the Committee has referred to the following texts: - the provisions of Act No. 76-011 of 21 May 1976 concerning national development efforts, which require, under penalty of penal sanctions, every able-bodied adult person who is a national of Zaire and who is not already considered to be making his contribution by reason of his employment (political representatives, wage earners and apprentices, public servants, tradesmen, members of the liberal professions, the clergy, students and pupils), to carry out agricultural work and other development work laid down by the Government. It also noted the measures to implement the Act laid down in Departmental Order No. 00748/BCE/AGRI/76 of 11 June 1976; - sections 18 to 21 of Legislative Ordinance No. 71-087 of 14 September 1971 on minimum personal contributions, which provides for the imprisonment with compulsory labour of tax defaulters by decision of the chief of the local community or the area commissioner, as a means of recovering the minimum personal contribution. For many years the Government has referred to draft amendments to the provisions in question. The Committee again expresses the hope that the Government will indicate the measures taken to bring these provisions into conformity with the Convention and that it will provide a copy of the texts adopted for this purpose. 2. The Government also stated its intention of repealing Ordinance No. 15/APAJ of 20 January 1938 respecting the prison system in native districts, which allows work to be exacted from detainees who have not been sentenced. The Government stated that this text had fallen into disuse and was contrary to Ordinance No. 344 of 17 September 1965 governing prison labour. The Committee noted the indications in the Government's report for the period ending 30 June 1992 that, following a critical analysis of the laws and regulations concerning the organization and operation of the judicial system, the Supreme National Conference has decided to reform the penitentiary system and repeal certain provisions of the law to ensure that detainees are integrated into society and contribute to the community. Detainees will maintain all the rights to which free men are entitled except the right to come and go freely. The Committee again expresses the hope that the provisions to be adopted will be consistent with those of Article 2, paragraph 2(c), of the Convention and that the Government will provide information on any developments in this regard. 3. In its previous comments, the Committee stressed the need to include a provision in the national legislation establishing penal sanctions for persons who unlawfully exact forced or compulsory labour, in accordance with Article 25 of the Convention. The Committee noted the Government's indication that it was planned to insert such a provision into the draft of the revised Labour Code. In its report for the period ending June 1992 the Government indicated that, in view of the changes in labour relations and personal freedoms, the draft of the revised Code had to be updated. The Committee trusts again that the final draft will prohibit forced or compulsory labour under penalty of really effective penal sanctions and that the Government will provide a copy of it.

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

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

In its previous comments the Committee asked the Government to provide a copy of the provisions on civic rights and civic and military obligations, to be adopted under article 87(1) of the Constitution, as amended by Act No. 90-002 of 5 July 1990.

The Committee notes the information provided by the Government in its report, to the effect that the Supreme National Conference has adopted the Act to issue constitutional provisions concerning the period of transition, and which for the time being replaces the Constitution. The Committee hopes that the Government will report on any developments regarding the Constitution and legislation, which are relevant to its previous requests.

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

The Committee notes the information supplied by the Government in its report.

1. In comments it has been making for many years, the Committee has referred to the following texts:

- the provisions of Act No. 76-011 of 21 May 1976 concerning national development efforts, which require, under penalty of penal sanctions, every able-bodied adult person who is a national of Zaire and who is not already considered to be making his contribution by reason of his employment (political representatives, wage earners and apprentices, public servants, tradesmen, members of the liberal professions, the clergy, students and pupils), to carry out agricultural work and other development work laid down by the Government. It also noted the measures to implement the Act laid down in Departmental Order No. 00748/BCE/AGRI/76 of 11 June 1976;

- sections 18 to 21 of Legislative Ordinance No. 71-087 of 14 September 1971 on minimum personal contributions, which provides for the imprisonment with compulsory labour of tax defaulters by decision of the chief of the local community or the area commissioner, as a means of recovering the minimum personal contribution.

For many years the Government has referred to draft amendments to the provisions in question. The Committee hopes that the Government will indicate the measures taken to bring these provisions into conformity with the Convention and that it will provide a copy of the texts adopted for this purpose.

2. The Government also stated its intention of repealing Ordinance No. 15/APAJ of 20 January 1938 respecting the prison system in native districts, which allows work to be exacted from detainees who have not been sentenced. The Government stated that this text had fallen into disuse and was contrary to Ordinance No. 344 of 17 September 1965 governing prison labour. The Committee notes the indications in the Government's report that, following a critical analysis of the laws and regulations concerning the organization and operation of the judicial system, the Supreme National Conference has decided to reform the penitentiary system and repeal certain provisions of the law to ensure that detainees are integrated into society and contribute to the community. Detainees will maintain all the rights to which free men are entitled except the right to come and go freely.

The Committee hopes that the provisions to be adopted will be consistent with those of Article 2, paragraph 2(c), of the Convention and that the Government will provide information on any developments in this regard.

3. In its previous comments, the Committee stressed the need to include a provision in the national legislation establishing penal sanctions for persons who unlawfully exact forced or compulsory labour, in accordance with Article 25 of the Convention. The Committee noted the Government's indication that it was planned to insert such a provision into the draft of the revised Labour Code.

The Committee notes the Government's indications in its report that, in view of the changes in labour relations and personal freedoms, the draft of the revised Code has to be updated. The Committee trusts that the final draft will prohibit forced or compulsory labour under penalty of really effective penal sanctions and that the Government will provide a copy of it.

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:

The Committee noted that under section 87, subsection 1, of the Constitution as amended by Act No. 90-002 of 5 July 1990, inter alia, rules on civic rights and civic and military obligations, are to be established by law. The Committee again requests the Government to provide a copy of the provisions adopted in this field.

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

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

The Committee noted from the information supplied by the Government that efforts to bring the legislation into line with the Convention were being pursued. 1. The Committee referred previously to sections 18-21 of Legislative Ordinance No. 71-087 of 14 September 1971 on minimum personal contributions, which provides for the imprisonment with compulsory labour of tax defaulters by decision of the chief of the local community or the area commissioner, as a means of recovering the minimum personal contribution. The Committee noted that a draft Ordinance to repeal these provisions and replace them with provisions allowing defaulting taxpayers to choose the performance of work selected by the competent local authority and remunerated in accordance with the legislation on minimum wages, was to be enacted. This draft also provided for the repeal of Ordinance No. 15/APAJ of 20 January 1938 respecting the prison system in native districts. The Committee notes that, in its report for the period ending 30 June 1989, the Government repeated its previous indications that it would transmit the new legislation as soon as it had been enacted, and trusts that the Government will shortly be able to report that the new provisions had been adopted and that it will provide a copy of them. 2. The Committee also drew attention to the provisions of Act No. 76-011 of 21 May 1976 concerning national development efforts, which oblige, under penalty of penal sanctions, every able-bodied adult person who is a national of Zaire and who is not already considered to be making his contribution by reason of his employment (political representatives, wage earners and apprentices, public servants, tradesmen, members of the liberal professions, the clergy, students and pupils), to carry out agricultural work and other development work laid down by the Government. It also noted the measures taken under Act No. 76-011 as laid down in Departmental Order No. 00748/BCE/AGRI/76 of 11 June 1976. The Committee again expresses the hope that the amendments now being prepared will shortly be adopted in order to bring the legislation in question into harmony with the provisions of the Convention, and that the Government will report the amendments that are adopted. 3. In its previous comments, the Committee stressed the need to include a provision in the national legislation providing for penal sanctions to be imposed on persons who illegally exact forced or compulsory labour, in accordance with Article 25 of the Convention. The Committee noted the Government's indications that it was planned to insert such a provision into the draft of the revised Labour Code. The Committee noted from the information provided by the Government in its report for the period ending 30 1989 that the National Labour Council had completed its work on the revision of the Labour Code and that the draft provided for sanctions to be imposed on persons who infringe the provisions prohibiting the exaction of work from any person under threat of any penalty whatsoever. The Committee expressed the hope that the Government would be able to transmit the text of the new Code in the near future.

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

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that under section 87, subsection 1, of the Constitution as amended by Act No. 90-002 of 5 July 1990, inter alia, rules on civic rights and civic and military obligations, are to be established by law. The Committee requests the Government to provide a copy of the provisions adopted in this field.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

With reference to its previous comments, the Committee notes from the information supplied by the Government in its report that efforts to bring the legislation into line with the Convention are being pursued.

1. The Committee referred previously to sections 18-21 of Legislative Ordinance No. 71-087 of 14 September 1971 on minimum personal contributions, which provides for the imprisonment with compulsory labour of tax defaulters by decision of the chief of the local community or the area commissioner, as a means of recovering the minimum personal contribution. The Committee noted that a draft Ordinance to repeal these provisions and replace them with provisions allowing defaulting taxpayers to choose the performance of work selected by the competent local authority and remunerated in accordance with the legislation on minimum wages, was to be enacted. This draft also provided for the repeal of Ordinance No. 15/APAJ of 20 January 1938 respecting the prison system in native districts. The Committee notes that, in its report, the Government repeats its previous indications that it will transmit the new legislation as soon as it has been enacted, and trusts that the Government will shortly be able to report that the new provisions have been adopted and that it will provide a copy of them.

2. The Committee also drew attention to the provisions of Act No. 76-011 of 21 May 1976 concerning national development efforts, which oblige, under penalty of penal sanctions, every able-bodied adult person who is a national of Zaire and who is not already considered to be making his contribution by reason of his employment (political representatives, wage earners and apprentices, public servants, tradesmen, members of the liberal professions, the clergy, students and pupils), to carry out agricultural work and other development work laid down by the Government. It also noted the measures taken under Act No. 76-011 as laid down in Departmental Order No. 00748/BCE/AGRI/76 of 11 June 1976. The Committee hopes that the amendments now being prepared will shortly be adopted in order to bring the legislation in question into harmony with the provisions of the Convention, and that the Government will report the amendments that are adopted.

3. In its previous comments, the Committee stressed the need to include a provision in the national legislation providing for penal sanctions to be imposed on persons who illegally exact forced or compulsory labour, in accordance with Article 25 of the Convention. The Committee noted the Government's indications that it was planned to insert such a provision into the draft of the revised Labour Code. The Committee notes from the information provided by the Government in its report that the National Labour Council has completed its work on the revision of the Labour Code and that the draft provides for sanctions to be imposed on persons who infringe the provisions prohibiting the exaction of work from any person under threat of any penalty whatsoever. The Committee hopes that the Government will be able to transmit the text of the new Code in the near future.