Observation (CEACR) - adoptée 1999, publiée 88ème session CIT (2000)

Convention (n° 29) sur le travail forcé, 1930 - Congo (Ratification: 1960)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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