Texts of pending comments

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The Committee notes with deep concern that the Government’s reports on Convention No. 81, due since 2012, and on Convention No. 150, due since 2018, have not been received. In light of its urgent appeal launched to the Government in 2019, the Committee proceeds with the examination of the application of the Conventions on the basis of the information at its disposal.

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour administration and labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 150 (labour administration) together.

A. Labour inspection

Labour Inspection Convention, 1947 (No. 81)

Application of the Convention in law and in practice. The Committee notes the adoption of Order No. 21399 of 16 August 2021 on the responsibilities and organization of the departmental labour directorates, which, inter alia, determines the responsibilities of the head of the labour inspectorate. The Committee also notes that a Decent Work Country Programme (DWCP) 2018–22 has been developed in collaboration with the Office. The Committee notes that one of the priority actions to strengthen the social dialogue capacities of actors in the world of work is the restructuring of the labour administration to increase its efficiency (outcome 2.4). Aware of the country’s budgetary difficulties, the Committee observes that the Government has not provided detailed information on the legislative framework and the implementation of the Convention for many years. Thus, the Committee is lacking important details for the examination of the labour inspection system in the country. The Committee therefore urges the Government to provide, in its next report, any information to enable it to assess the degree of application of the Convention in law and practice. This should include information on:

(i) the organization of the labour inspectorate, including the updated geographical distribution of the number of officials empowered with inspection functions (Articles 2, 4, and 10);
(ii) the proportion of inspectors’ enforcement activities vis-à-vis their conciliation activities (Article 3(1) and (2));
(iii) the cooperation established between the labour inspector services and other government services (Article 5(a)) and collaboration with employers’ and workers’ organizations (Article 5(b));
(iv) the frequency and content of, and number of participants in training provided to labour inspectors throughout their career (Article 7(3));
(v) the conditions of service of inspection staff, including progress in adopting a special status for labour inspectors (Article 6);
(vi) the financial resources, means of action and transport available to the labour inspectorate (Article 11);
(vii) the measures taken to ensure that cases of occupational disease are notified to the labour inspectorate (Article 14).

In addition, the Committee urges the Government to take the necessary measures to ensure that annual reports on the activities of the labour inspectorate are published and communicated regularly to the ILO, within the time lines set out in Article 20, and that they contain the following information, as set out under Article 21: (a) laws and regulations relevant to the work of the inspection service; (b) number and composition of staff of the labour inspection service, in accordance with the requirements of Articles 6, 7, 8, 9 and 10; (c) statistics of workplaces liable to inspection and the number of workers employed therein; (d) statistics of inspection visits in accordance with the requirements of Article 16; (e) statistics of violations and penalties imposed in accordance with the requirements of Articles 13, 17 and 18; and (f) and (g) statistics of industrial accidents and occupational diseases in accordance with the requirements of Article 14.

The Committee also requests the Government to provide information on the progress made regarding the revision of the Labour Code and to provide a copy of the draft law.

The Committee once again reminds the Government of the possibility of availing itself of ILO technical assistance and of requesting, within the framework of international financial cooperation, financial support in order to ensure the establishment and operation of the labour inspection system, and would be grateful for information on any progress made or difficulties encountered.

B. Labour administration

Labour Administration Convention, 1978 (No. 150)

Articles 1, 4, 5, 6, 8 and 10 of the Convention. Structure and operation of the labour administration. Noting the above-mentioned DWCP 2018–22, the Committee observes an absence of up-to-date information on the structure and operation of the system of labour administration. Aware of the complex socioeconomic context, the Committee urges the Government to provide in its next report information on all the following points:

(i) the updated structure of labour administration at central, regional and local levels and the organizational charts of the bodies provided for in Decree No. 2009-469 (Article 1);
(ii) measures taken to ensure the effective organization of the labour administration in the territory and the coordination between the central administration and the departmental directorates (Article 4);
(iii) consultation, cooperation and negotiation between the public authorities and the most representative organizations of employers and workers carried out within the social dialogue tripartite bodies at the national, regional and local levels for the implementation of the provisions of the Convention (Article 5);
(iv) the responsibilities of the competent bodies within the system of labour administration relating to the preparation, administration, coordination, checking and review of national employment policy (Article 6);
(v) the composition and activities carried out by the technical advisory committee on international labour standards, the issues which led to consultations within the committee and the results thereof (Article 8).

Referring to its comments above concerning the application of Articles 6 and 11 of Convention No. 81, the Committee requests the Government to provide information on the measures taken to ensure that the staff of the labour administration system have the status, material means and financial resources necessary for the effective performance of their duties, in accordance with Article 10 of the Convention.

The Committee notes with deep concern that the Government’s report, due since 2016, has not been received. In light of its urgent appeal launched to the Government in 2020, the Committee proceeds with the examination of the application of the Convention on the basis of whatever information is at its disposal. The Committee recalls that it has been raising issues concerning the observance of the Convention in an observation and a direct request, including a request to investigate serious allegations of arrests and detentions of trade unionists in the context of a teachers’ strike in 2013, as well as longstanding recommendations to bring the Labour Code into conformity with the Convention concerning limitations on strike action (minimum services and sanctions) that unduly restrict the right of workers’ organizations to organize their activities in full freedom and to formulate their programmes. Not having received any additional observations from the social partners, nor having at its disposal any indication of progress on these pending matters, the Committee refers to its previous observation and direct request adopted in 2020 and urges the Government to provide a full reply thereto. To this end, the Committee recalls that the Government may avail itself of the ILO’s technical assistance.

[The Government is asked to reply in full to the present comments in 2022.]

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

Repetition

Legislative reforms. The Committee notes that the content of the Government’s report is identical to that provided in 2014 and notes with regret that the text of the preliminary draft Labour Code, to which the Government has been referring since 2014, has still not been provided. The Committee therefore once again requests the Government to provide the text of the preliminary draft Labour Code in its next report and hopes that it will take fully into account the rights recognized by the Convention.

Articles 1, 2 and 3 of the Convention. Protection against acts of anti-union discrimination and acts of interference. In its previous comments, the Committee requested the Government to provide information on the amount of damages awarded by the courts, in accordance with section 210(3) of the Labour Code, in disputes relating to acts of anti-union discrimination or acts of interference by employers. The Committee once again notes the Government’s indication that it does not have the information requested. Recalling that the existence of legal provisions prohibiting acts of anti-union discrimination is not enough if they are not accompanied by effective and rapid procedures and sufficiently dissuasive sanctions to ensure their application in practice (see General Survey on the fundamental Conventions, 2012, paragraph 190), the Committee requests the Government to provide detailed information on the number of cases of anti-union discrimination or interference brought to the attention of the labour inspectorate or the competent courts, as well as the outcome of these procedures.

Article 4. Promotion of collective bargaining. Procedure for the resolution of collective bargaining disputes. With reference to its previous comments on the decisions of the Recommendation Committee responsible for dealing with collective disputes in relation to collective bargaining, the Committee once again notes the Government’s indication that the preliminary draft Labour Code establishes a procedure for the resolution of collective disputes which is based on the mandate of the National Social Dialogue Committee. Recalling that procedures for the resolution of collective bargaining disputes should have the objective, in accordance with Article 4 of the Convention, of promoting free and voluntary collective bargaining, the Committee requests the Government to describe both the collective dispute settlement procedures in force and the relevant procedures envisaged by the preliminary draft Labour Code.

Right to collective bargaining in practice. The Committee requests the Government to provide information on the number of collective agreements concluded, the sectors concerned and the number of workers covered.

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

Repetition

Articles 1 and 2(a) of the Convention. Principle of equal remuneration for men and women workers for work of equal value. Laws and regulations. The Committee recalls that, since 2005, it has been drawing the Government’s attention to the need to amend sections 80(1) and 56(7) of the Labour Code, which limit the application of the principle of equal remuneration to the existence of “equal working conditions, qualifications and output” (section 80(1)) or to “equal work” (section 56(7)), and do not reflect the notion of “work of equal value”. The Committee notes that the Government reaffirms that amendments to sections 80(1) and 56(7) of the Labour Code are envisaged to ensure that the concept of “work of equal value” is binding. Noting the Government’s commitment, the Committee requests it to ensure, within the framework of the ongoing revision of the Labour Code, that the principle of equal remuneration for men and women workers for work of equal value set out in the Convention is set out in the Labour Code.

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.

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

Repetition

Articles 1 and 2(a) of the Convention. Application of the principle of equal remuneration for work of equal value in the public sector. The Committee notes the Government’s repeated indications that the pay scale for civil servants is drawn up by the authorities with the participation of the most representative workers’ trade union federations and that the pay scale makes no distinction with regard to gender. The Committee wishes to draw the Government’s attention once again to the fact that even though the pay scales are applicable to all public employees, without distinction as to gender, pay discrimination can arise from the classification of jobs and the manner in which it is carried out, especially when an outdated method is used. Indeed, the criteria used, and the manner in which they are weighted, to evaluate tasks and thus establish the classification of a job could lead to an undervaluation or even a failure to take into account certain tasks which are largely performed by women, due to prejudices according to which these tasks call for characteristics thought to be innate in women or to natural abilities, rather than professional skills. Wage gaps between men and women can also arise from inequalities in access to certain supplementary wage benefits. In light of the above, the Committee requests the Government to examine the possibility of reviewing job classifications using an objective job appraisal methodology to ensure that job classifications and the pay scales applicable in the public sector are free from any gender bias and that jobs largely performed by women are not undervalued and, consequently, underpaid.

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

Repetition

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

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

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

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

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

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

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

Repetition

Article 1(1)(a) of the Convention. Indigenous peoples. The Committee previously noted the adoption of Act No. 5-2011 of 25 February 2011 on the promotion and protection of the rights of indigenous populations, which prohibits and establishes criminal penalties for any form of discrimination in relation to indigenous populations’ access to employment, working conditions, vocational training, remuneration and social security. The Committee requested information on the implementation of the Act in practice. The Committee recalls that in 2011 the United Nations Special Rapporteur on the rights of indigenous peoples emphasized that the vulnerable situation of these peoples is “inextricably linked to historical and ongoing patterns of discrimination” and that “such discrimination has been reinforced by stereotypes ... which has entrenched discriminatory attitudes and led to social relationships that perpetuate exclusion and acute marginalization of indigenous peoples” (A/HRC/18/35/Add.5, 11 July 2011, paragraph 15). The Committee notes that the Government’s report is once again confined to indicating that the Act of 2011 is in force and that the implementing texts are being prepared. The Committee once again asks the Government to provide information on the measures taken to give effect to Act No. 5-2011 of 25 February 2011, the results of the National Plan of Action 2009–13 and any other specific measures adopted to ensure indigenous peoples’ access to education, land and resources, especially those which allow them to practice their traditional activities. The Committee also asks the Government to take steps to combat the discrimination, stereotypes and prejudices of which indigenous peoples are victims and to better inform them of their rights, including in terms of access to justice, and to promote a climate of respect and tolerance between all sections of the population. The Government is requested to provide information on the steps taken in this respect and copies of the implementing texts of the Act of 2011.

Article 2. Equality of opportunity and treatment for men and women. The Committee notes with regret that the Government’s report does not contain any information on this respect, despite its repeated requests. The Committee recalls the concerns expressed by the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) about the difficulties women and girls in rural areas experience in accessing education; the high drop out rate of girls at all levels of education; the lower literacy rate of women compared to men; the occupational segregation suffered by women, namely the concentration of women in certain sectors of activity or professions or even certain levels of responsibility; of the over-representation of women in the informal economy (with no social security or other benefits) and the difficulties faced by women in accessing credit (CEDAW/C/COG/CO/6, 23 March 2012, paragraphs 31, 33 and 37). The Committee also notes that a new gender policy was developed by the Ministry for the Advancement of Women and the Integration of Women into Development and adopted in June 2017. It notes that this policy is based on five strategic priorities: the consolidation of gender equality and the empowerment of women, the strengthening of the role and position of women and girls in the economy and employment; increased access for women and girls to decision making positions; combating sexual violence and the strengthening of institutions for the implementation of the national gender policy. The Committee asks the Government to provide information on the steps taken, particularly within the framework of the implementation of the national gender policy, with a view to promoting equality of opportunity and treatment for men and women in employment and occupation, and particularly promoting the access to and maintenance of girls at school, diversifying the supply of vocational training for women, combating occupational segregation, improving women’s access to credit and raising the awareness of workers and employers and their organizations regarding the principle of gender equality and women’s and men’s rights in employment and occupation.

Article 5. Special measures of protection. Restrictions on the employment of women. The Committee recalls that, under section 112 of the Labour Code, the Government has authority to prohibit, by decree, access for women to certain jobs, subject to an opinion of the National Employment Advisory Committee, and that it asked the Government to indicate how this issue was being addressed in the ongoing revision of the Labour Code. The Committee notes that the Government’s report does not contain any information in this respect. The Committee recalls that any restrictions on the employment of women must be strictly limited to maternity protection in the broad sense and that protective measures which are based on stereotypes regarding women’s professional aptitudes and role in society are in violation of the principle of equality of opportunity and treatment between men and women in employment and occupation. The Committee also emphasizes that provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health and that, when examining the possibility of repealing discriminatory protective measures applicable to women’s employment, it may be necessary to examine what other measures, such as improved health protection of both men and women, adequate transportation and security, as well as social services, are necessary to ensure that women can access these types of employment on an equal footing with men. The Committee asks the Government to ensure that all provisions of the draft legislation amending and supplementing certain provisions of the Labour Code which provide for restrictions or limitations on the employment of women take into account the above elements, and particularly to ensure that any restriction regarding the access of women to certain jobs is strictly limited to maternity protection in the broad sense. It once again asks the Government to indicate whether, under section 112 of the Labour Code currently in force, access to certain jobs is restricted or prohibited for women and, if so, to provide a copy of the applicable regulatory texts.

Article 4. Activities prejudicial to the security of the State. Noting that the Government has still not replied to its previous request, the Committee once again asks the Government to provide information on any measures taken concerning persons justifiably suspected of or convicted of being engaged in activities prejudicial to the security of the State. The Government is asked to identify the procedures establishing the right of appeal available to persons covered by Article 4.

Statistics. The Committee asks the Government to provide any available statistics on the employment of men and women and their respective remuneration in the public and private sectors.

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

Repetition

Articles 1–3 of the Convention. Protection against discrimination. Legislation. For many years the Committee has been emphasizing the shortcomings in the Labour Code and the General Civil Service Regulations regarding the protection of workers against discrimination, since these texts do not cover all of the grounds of discrimination or all the aspects of employment and occupation set out in the Convention. The Committee recalls that the Labour Code only covers the grounds of “origin”, gender, age and status in relation to wage discrimination (section 80) and the grounds of opinion, trade union activity, membership or not of a political, religious or philosophical group or a specific trade union in relation to dismissal (section 42). The General Civil Service Regulations prohibit any distinction between men and women in relation to their general application and any discrimination on the basis of family situation in relation to access to employment (sections 200 and 201). The Committee notes the Government’s indication that a preliminary draft of a new Bill amending and supplementing certain provisions of the Labour Code will take into account the grounds of discrimination set out in Article 1(1)(a). The Committee asks the Government to ensure that, within the framework of the ongoing revision of the Labour Code, discrimination on all of the grounds set out in the Convention is explicitly prohibited, as well as discrimination on any other grounds which it considers appropriate to include in the Code, at all stages of employment and occupation, including recruitment. The Committee also asks the Government to take the necessary measures to amend the provisions of the General Civil Service Regulations in order to ensure that civil servants are protected as a minimum in relation to the grounds set out in Article 1(1)(a) in respect of all aspects of employment, including recruitment and promotion. The Committee also requests the Government to provide information on any legislative developments in this respect.

Article 1(1)(a). Discrimination based on sex. Sexual harassment. The Committee notes that the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed deep concern at the high prevalence of violence against women and girls, especially sexual harassment at school and at work, the delay in adopting a comprehensive law to combat all forms of violence against women and the lack of awareness regarding this issue and of reporting of gender-based violence (CEDAW/C/COG/CO/6, 23 March 2012, paragraph 23). The Committee notes the Government’s indication that, since 2011, the new draft Bill amending and supplementing certain provisions of the Labour Code has contained provisions against sexual harassment. The Committee once again asks the Government to ensure that provisions covering both quid pro quo harassment and sexual harassment which creates a hostile, intimidating or offensive environment are adopted and that they protect the victims of sexual harassment and establish penalties for the perpetrators. The Committee also asks the Government to take steps, in collaboration with employers’ and workers’ organizations, to prevent and combat sexual harassment, such as awareness-raising measures for employers, workers and educators as well as for labour inspectors, lawyers and judges, and to establish information systems and complaints procedures which take into account the sensitive nature of this issue in order to bring an end to these practices and allow victims to exercise their rights without losing their jobs.

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.

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

Article 2(1) of the Convention. Scope of application. In its previous comments, the Committee observed that the Labour Code only applies to an employment relationship. It asked the Government to provide information on the way in which children not bound by an employment relationship, such as those who work on their own account or in the informal economy, enjoy the protection laid down by the Convention. The Committee noted that labour inspection activities mainly cover the urban sector and major enterprises, whereas the majority of children work in rural areas and small undertakings.

The Committee notes that there is no information on this subject in the Government’s report. It notes that under section 68 of Act No. 4-2010 of 14 June 2010 concerning child protection (Child Protection Act), premature employment – namely, work done by children under 16 years of age in the family environment, in the formal sector or in the informal economy – shall be prohibited. The Committee urges the Government to provide information on the measures taken to apply section 68 of the Child Protection Act. It also requests that the Government take specific measures to adapt and strengthen the labour inspection services in order to ensure that children under 14 years of age who work on their own account or in the informal economy, especially in rural areas, enjoy the protection afforded by the Convention. The Committee further asks that the Government supply information on the measures taken and the results achieved in this respect.

Article 2(3). Age of completion of compulsory schooling. In its previous comments, the Committee took due note of the Government’s efforts to improve the education system and asked the Government to provide information on the measures taken to increase school attendance rates, especially in secondary education, and reduce school drop-out rates. It noted the Government’s indication that, to contribute towards combating child labour, the Congolese Government had decided to abolish school fees. The Government also indicated that a number of schools had been built and new teachers were being recruited each year. The Committee also noted that the Government had undertaken to supply statistics on school enrolment and attendance rates in its next report. The Committee observed that these rates were still relatively low in secondary education (39 per cent for boys and 40 per cent for girls). It also noted that expenditure on education had decreased by 9.7 per cent in real terms between 1999 and 2008 in the Congo, whereas the economic growth rate for the country reached an average of 4.6 per cent per year.

The Committee notes the lack of information from the Government on this subject. It notes the adoption of the Sectoral Strategy for Education for 2015–25, which establishes three main objectives, namely: to provide high-quality basic education for all; to meet the human resources requirements of an emerging economy; and to ensure effective direction and management of the education system. The Committee notes that the Strategy also refers to the difficulties encountered, such as the persistence of severe geographic imbalances and a particular challenge relating to the minority indigenous peoples of the country. Moreover, the increased recourse to contributions from households raises questions of equity in the context of a policy of free education (page 38). Lack of school enrolment at both primary and secondary levels stems mainly from high costs. The Strategy also indicates that the primary school completion rate was 80.3 per cent in 2012. The gross secondary school enrolment rate was 72.3 per cent in 2013–14. A high repetition rate at primary level, together with a high drop out rate, are indicators of poor internal efficiency in the education system. The Strategy also provides that a permanent secretariat and ministerial committees will coordinate the monitoring of the programmes. In view of the fact that compulsory schooling is one of the most effective means of combating child labour, the Committee urges the Government to step up its efforts to ensure that children below the minimum age of 14 years for admission to work or employment are integrated into the education system and to ensure high-quality education free of charge. It requests that the Government provide detailed information on the measures taken and the action programmes implemented to this end as part of the Sectoral Strategy, and on the results achieved.

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

Repetition

Article 1 of the Convention. National policy and application of the Convention in practice. In its previous comments, the Committee noted that a large number of children were involved in economic activity but that no national policy had been adopted in this regard. It noted the Government’s indication that there were no inspection reports providing any information on the presumed or actual employment of children in enterprises in Congo during the reporting period. However, the Committee noted that 25 per cent of Congolese children were involved in child labour, according to UNICEF statistics.

The Committee notes with regret that the Government’s report still does not contain any information on the adoption of a national policy for ensuring the effective abolition of child labour. The Committee also observes that the United Nations Committee on the Rights of the Child (CRC), in its concluding observations of 2014, noted that child labour and the economic exploitation of children remain widespread, particularly in the big cities (CRC/C/COG/CO/2-4, paragraph 74). Expressing its deep concern at the large number of children working below the minimum age in the country, and given the lack of a national policy designed to ensure the effective abolition of child labour, the Committee once again urges the Government to take the necessary steps to ensure the adoption and implementation of such a policy as soon as possible. It requests that the Government provide detailed information in its next report on the measures taken in this respect.

Article 3(2) and (3). Determination of hazardous types of work and age of admission to hazardous work. In its previous comments, the Committee noted that section 4 of Order No. 2224 of 24 October 1953, which establishes employment exemptions for young workers, determines the types of work and the categories of enterprises prohibited for young persons and sets the age limit for the prohibition, prohibits the employment of young persons under 18 years of age in certain hazardous types of work, and includes a list of such types of work.

The Committee notes the Government’s indication that Order No. 2224 is no longer in force. The Committee also notes that section 68(d) of Act No. 4-2010 of 14 June 2010 concerning child protection (Child Protection Act) provides that any work which, by its nature or the conditions in which it is performed, is likely to harm the health, safety or morals of the child is prohibited. It also provides that a decree issued further to the opinion of the National Labour Advisory Committee shall determine the list and the types of work and the categories of enterprises prohibited for children and the age limit for the prohibition. The Committee requests that the Government take the necessary steps to ensure the adoption as soon as possible of the decree determining the list of hazardous types of work, in accordance with section 68(d) of the Child Protection Act.

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.

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

Repetition

Articles 2 and 5(1) of the Convention. Effective tripartite consultations. The Committee notes that the Government’s report contains no new information. The Government confines itself to reiterating in its report that regular consultations are held in tripartite social dialogue bodies. Reports are prepared by the Government, which sends copies to workers’ and employers’ organizations. The social partners are then responsible for sending their observations to the Government. The Government can subsequently convene a meeting to adopt the documents. The Committee notes the Government’s indications that the conclusions of the last two sessions of tripartite consultations are included in its report. However, the Committee notes that this information does not appear in the report. The Committee requests the Government to provide detailed information on the content and outcomes of tripartite consultations held on each issue regarding international labour standards covered by the Convention, particularly regarding consultation on the replies to questionnaires concerning items on the agenda of the Conference (Article 5(1)(a)), the submission to the National Assembly of the instruments adopted by the Conference (Article 5(1)(b)), the re-examination, at appropriate intervals, of unratified Conventions and Recommendations to which effect has not yet been given (Article 5(1)(c)) and questions which may arise out of reports to be made on the application of ratified Conventions (Article 5(1)(d)).

Article 4(2). Training. The Government reiterates that it will forward a paper reporting on the operation of the various tripartite dialogue bodies with regard to the training of participants. In this respect, the Committee draws the Government’s attention to the possibility of having recourse to ILO technical assistance. The Committee once again requests the Government to specify whether arrangements have been made or are envisaged for the financing of any necessary training of participants in the consultation procedures provided for by the Convention.

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

Repetition

Article 2 of the Convention. Formulation of a national policy concerning nursing services and nursing personnel. The Committee notes the Government’s report, which only partially replies to its previous comments on the formulation of a national policy concerning nursing services and nursing personnel. The Committee once again requests the Government to indicate the actions taken to ensure consultation with the representatives of nursing personnel and their participation in the formulation of the strategic human resources development plan for health. It also requests the Government to provide detailed information on the measures adopted to provide nursing personnel with education and training appropriate to the exercise of their functions and employment and working conditions which are likely to attract nursing personnel to the profession and retain them in it. The Committee requests the Government to provide information on the ratio of nursing personnel to the number of inhabitants, and on the distribution of nursing personnel between urban centres and rural areas.

Article 3. Education and training of nursing personnel. The Committee requests the Government to provide information on the extent of the problems encountered by the paramedical schools responsible for training nursing personnel, with an indication, based on statistical data, of the current and foreseeable effects of the insufficient numbers of young graduates of paramedical schools on the planning of nursing services, as well as the measures taken or envisaged to remedy this situation.

Article 4. Requirements for the practice of nursing. The Committee notes that the Government reiterates the information that it provided in its previous report, according to which the requirements for the practice of nursing are established primarily by Decree No. 88-430 of 6 June 1988 determining the requirements for the autonomous exercise of medicine and paramedical and pharmaceutical services. The Committee nevertheless observes that a copy of the Decree in question has not been provided despite its specific request in this regard. The Committee once again requests the Government to provide a copy of Decree No. 88-430.

Article 5. Participation of nursing personnel in the planning of nursing services. The Committee requests the Government to provide further information on the machinery for the settlement of collective disputes in the public sector and on the problems encountered in its implementation.

Article 6. Conditions of employment and of work of nursing personnel. The Committee notes the Government’s indications that nursing personnel working in the private sector do not have a specific collective agreement, but that Decree No. 9033 of 10 December 1986 on the organization and operation of socio-medical centres of enterprises established in the Congo requires heads of enterprises to provide facilities that meet certain standards. The Committee requests the Government to provide a copy of Decree No. 9033 and it once again asks it to indicate the manner in which it ensures that nursing personnel employed in the private sector enjoy conditions of work at least equivalent to those of other workers, in accordance with Article 6 of the Convention.

Article 7. Adaptation of occupational health and safety measures to the special nature of nursing work. The Committee once again requests the Government to provide detailed information on the establishment and operation of units to combat HIV/AIDS, on the results that are expected and achieved, and on all safety measures taken or envisaged for nursing personnel designed to limit as much as possible the risk of contracting HIV.

The Committee notes with deep concern that the Government’s report has not been received. In light of the urgent appeal made to the Government in 2019, the Committee will examine the application of the Convention on the basis of the information at its disposal.

The Committee notes first that, in addition to its failure to provide a report since 2012, the Government did not provide sufficient information in successive reports and the Committee has not therefore been able to assess the effect given to many of the provisions of the Convention. In its previous comments, the Committee drew the Government’s attention to the need to reply to the questions raised on the effect given to several Articles of the Convention, and not to confine itself to providing information on the general legislative provisions applicable to enterprises. The Committee also recalled that, although the Government appeared to consider that dockworkers should be treated in the same manner as other workers and ports treated like any other enterprise, the Government is required, particularly under the terms of Articles 4 to 7 of the Convention, to take occupational safety and health measures that are specific to dock work. The Committee expects that the Government will take all the necessary measures on an urgent basis to provide full particulars on the following points.

Article 6(1)(a) and (c). Measures to ensure the safety of dock workers. The Committee notes that, under the terms of section 132 of the Labour Code, enterprises must be maintained in a constant state of cleanliness and ensure the necessary safety and health conditions for the health of the personnel, and that they must be so organized as to ensure the safety of the workers. By virtue of subsection 5, instructions on the prevention of occupational risks shall be posted in each workplace and each worker shall be informed by the employer of these instructions at the time of recruitment. The Committee requests the Government to indicate the manner in which effect is given to this general provision in dock work in order to ensure that workers do not misuse or interfere without due cause with the operation of any safety device provided for their own protection or the protection of others at the workplace, and that they are able to report any situation which they have reasons to believe could present a risk and which they cannot correct themselves.

Article 7. Consultation with employers and workers or their representatives. The Committee notes that, under the terms of section 131 of the Labour Code, a National Technical Commission for Occupational Health, Safety and Risk Prevention shall be established in the Ministry of Labour to examine matters relating to occupational safety and health and the prevention of employment risks. It notes that Decree No. 2000-29 of 17 March 2000 determines the composition and operation of this Commission. In accordance with section 2 of the Decree, the Commission is a tripartite advisory body under the authority of the Minister of Labour with the mandate to: re-examine periodically a coherent national policy on occupational safety and health in the workplace; propose any measures likely to improve occupational safety and health; and provide opinions on any related draft law or decree. The Committee requests the Government to provide information on the work of the National Technical Commission for Occupational Health, Safety and Risk Prevention in relation to occupational safety and health issues in dock work, as well as information on any other measures to ensure the collaboration of employers and workers or their representatives in the application of the measures giving effect to the Convention.

Article 8. Cessation of work in workplaces that are unsafe. The Committee previously recalled that Chapter II of Order No. 9036 of 10 December 1986, to which the Government referred, contains general protective measures, whereas the Convention requires the adoption of measures specific to dock work. The Committee urges the Government to indicate the provisions (regulations or other measures) requiring the adoption of effective protection measures (fencing, flagging or other suitable measures, including, where necessary, cessation of work) to ensure that when the workplace has become unsafe, workers are protected until it has been made safe again.

Article 12. Fire-fighting measures. The Committee notes that, under the terms of section 77 of Order No. 9036, heads of establishments shall take the necessary measures to control any incipient fires rapidly and effectively. However, the Committee notes that the only means envisaged to fight fires appear to be the use of extinguishers. The Committee requests the Government to provide information on the manner in which effect is given to section 77 of Order No. 9036 in dock work, and to specify whether other appropriate fire-fighting means are provided in docks, such as fixed systems, flexible hoses and fire hydrants.

Article 14. Construction, installation, operation and maintenance of electrical equipment. The Committee previously noted the Government’s indication that the application of this Article is ensured by inspections of enterprises by labour inspectors. The Committee also notes that section 133 of the Labour Code contains general provisions on the prevention of risks related to electrical equipment and installations, and more specifically on work in wells, gas and water pipes, sceptic tanks, vessels and any equipment that may contain deleterious gasses. Noting that this information is still insufficient as a basis for assessing the effect given to this Article of the Convention relating to electrical equipment and installations, the Committee draws the Government’s attention to section 3.6.4 (Electrical equipment) of the ILO Code of practice on safety and health in ports (2016), which provides indications on the main elements to be taken into consideration in the installation, operation and maintenance of electrical equipment and installations in ports. The Committee therefore urges the Government to indicate the texts or other measures which ensure that electrical equipment and installations used in dock work are so constructed, installed, operated and maintained as to prevent danger, and to specify the standards that have been recognized by the competent authority in this regard.

Article 17. Access to a ship’s hold or cargo deck. The Committee previously noted that section 41 of Order No. 9036, cited by the Government, sets out measures for the immobilization when stopped of lifting devices mounted on wheels, such as bridge cranes, gantry cranes, hoists on monorails and derricks, and to prevent their movement under specific atmospheric conditions (wind action). Recalling that the information provided is insufficient to be able to assess the effect given to this Article of the Convention, which requires the competent authority to determine the acceptability of means of access to a ship’s hold or cargo deck, the Committee draws the Government’s attention to section 7.3 (Access on board ships) of the ILO Code of practice on safety and health in ports (2016), which contains indications on the main elements to be taken into consideration in determining the means of access to a ship’s hold or cargo deck. The Committee urges the Government to indicate the texts or other measures setting out the means of access to a ship’s hold or cargo deck, and to specify the manner in which the competent authority determines their acceptability.

Article 21. Design of lifting appliances, items of loose gear and lifting devices. The Committee previously noted that sections 47 to 49 of Order No. 9036 referred to by the Government only set out protection measures for some machinery or parts of machines that can be dangerous. The Committee requests the Government to indicate the measures adopted or envisaged to ensure that all lifting appliances, every item of loose gear and every sling or lifting device forming an integral part of a load are designed, used and maintained in compliance with the provisions of the Convention.

Article 35. Evacuation of injured persons. The Committee previously noted that section 147 of the Labour Code regulates the evacuation of injured persons who can be moved and who cannot to be treated by the facilities made available by the employer. The Committee requests the Government to indicate the measures adopted, under the terms of section 147 of the Labour Code, or by any other means, to ensure that adequate facilities, including trained personnel, are readily available for the provision of first aid.

Article 36(1)(d). Appropriate measures for the provision of occupational health services for workers. The Committee notes that Order No. 9033 of 10 December 1986 determines the organization and operation of the socio-health structures of enterprises installed in the country. In accordance with section 7 of the Order, socio-health personnel are responsible, among other tasks, in accordance with the laws and regulations in force, for: carrying out systematic medical examinations; ensuring the health education and information of workers; providing care to workers and their families who are ill; participating in the improvement of working conditions in the enterprise; and participating in the determination of occupational diseases. Recalling that, in accordance with this Article of the Convention, appropriate measures for the provision of an occupational health service for workers should be determined after consultation with the organizations of employers and workers concerned, the Committee requests the Government to indicate the manner in which employers’ and workers’ organizations are consulted in the organization and operation of socio-health centres, and in the activities of socio-health personnel, in enterprises engaged in dock work.

Article 37. Safety and health committees. The Committee recalls that, under the terms of this Article of the Convention, safety and health committees shall be formed at every port where there is a significant number of workers and, as necessary, at other ports. In this regard, the Committee recalls that Order No. 9030 on safety and health committees in undertakings (10 December 1986) provides that such committees, which include the head of the undertaking or is representative, the responsible agent for safety issues, the occupational doctor, the chief of staff and the workers delegates, should be established in all industrial undertakings and enterprises. These committees would be in charge of determining and implementing the internal policy on occupational safety and health. However, the Committee had noted from the Government’s previous report that the health and safety committees provided for by the law have not yet been established. The Committee urges the Government to provide information on any measures adopted for the establishment of safety and health committees provided for by the law in the port sector, with an indication of the manner in which the organizations of employers and workers concerned were consulted on the establishment, composition and functions of these committees.

Article 38(1). Adequate instruction and training. The Committee notes that, in accordance with section 141-3 of the Labour Code, employers are required to ensure the information and instruction of workers and the prevention of occupational risks inherent to the occupation or activity of the enterprise. The Committee previously noted the Government’s indication that the instruction and training of workers are entrusted to a specialist in this field at the enterprise level. The Committee urges the Government to indicate how instruction and training are ensured for workers engaged in dock work, particularly in relation to the potential risks attaching to the work and the main precautions to be taken. Furthermore, the Committee requests the Government to provide the available information on the activities of the specialists in instruction and training in enterprises engaged in dock work.

Finally, in the absence of information on the application of the following provisions of the Convention, the Committee urges the Government to indicate any regulations or other measures adopted or envisaged to give full effect to them:

Article 9(1) and (2). Safety measures with regard to lighting and marking of dangerous obstacles.

Article 10(1) and (2). Maintenance of surfaces for traffic or stacking of goods and the safe manner of stacking goods.

Article 11(1) and (2). Width of passageways and separate passageways for pedestrians.

Article 16(1) and (2). Safe transport to or from a ship or other place by water, safe embarking and disembarking, and safe transport to or from a workplace on land.

Article 18(1)–(5). Regulations concerning hatch covers.

Article 19(1) and (2). Protection around openings on decks, closing hatchways when not in use.

Article 20(1)–(4). Safety measures when power vehicles operate in the hold; hatch covers secured against displacement; ventilation regulations; safe means of escape from bins or hoppers when dry bulk is being loaded or unloaded.

Article 22(1)–(4). Testing of lifting appliances and items of loose gear.

Article 23(1) and (2). Certification of lifting appliances.

Article 24(1) and (2). Inspection of items of loose gear and slings.

Article 25(1) and (2). Records of lifting appliances and items of loose gear.

Article 26(1)–(3). Mutual recognition by Members of arrangements for testing and examination.

Article 27(1)–(3). Marking lifting appliances with safe working loads.

Article 28. Rigging plans.

Article 29. Strength and construction of pallets for supporting loads.

Article 30. Necessary measures for the raising or lowering of loads.

Article 31(1) and (2). Lay-out and organization of work in freight container terminals.

Article 32(1)–(4). Handling, storage and stowing of dangerous substances; compliance with international regulations for the transport of dangerous substances; prevention of the exposure of workers to harmful substances or atmospheres.

Article 34(1) to (3). Protective equipment and clothing.

Article 36(1)(a), (b) and (c), (2) and (3). Medical examinations.

Article 38(2). Minimum age limit for the operation of lifting appliances.

Part V of the report form. Application of the Convention in practice. The Committee urges the Government to provide information on the manner in which the Convention is applied in the country and in particular information on the number of dockworkers covered by the legislation, the number and nature of the contraventions reported and the number of occupational accidents and diseases reported in dock work.

The Committee trusts that the Government will take all the necessary measures on an urgent basis to give full effect to the Convention and that it will provide a detailed report in this regard.

[The Government is asked to reply in full to the present comments in 2023.]

The Committee notes with deep concern that the report of the Government, due since 2009, has not been received. In view of the urgent appeal that it launched to the Government in 2019, the Committee proceeded with the examination of the application of the Convention on the basis of the information at its disposal.

Articles 3 and 7(1) of the Convention. Worst forms of child labour and penalties. Clause (a). All forms of slavery or similar practices. Sale and trafficking of children. In its previous comments, the Committee noted the Government’s statement that there is child trafficking between Benin and Congo for the purpose of forcing children to work in Pointe-Noire in trading or domestic work. The Committee noted that sections 345, 354 and 356 of the Penal Code lay down penalties for anyone found guilty of the forcible or fraudulent abduction of persons including young persons under 18 years of age. It requested the Government to indicate to what extent sections 345, 354 and 356 of the Penal Code have been implemented in practice.

The Committee notes that, in addition to the provisions of the Penal Code, Act No. 4-2010 of 14 June 2010 on child protection in the Republic of the Congo contains provisions prohibiting and punishing the trafficking, sale and all forms of exploitation of children, including exploitation for prostitution or other forms of sexual exploitation, forced labour or services and slavery (section 60 onwards). Furthermore, the Committee takes note of the adoption of Act No. 22-2019 of 17 June 2019 on combating trafficking in persons, which contains detailed provisions on the offence of trafficking and other related offences (such as sexual exploitation, labour exploitation or exploitation of begging), as well as harsher penalties when the offence is committed against a particularly vulnerable victim, such as a child.

However, the Committee notes that in its concluding observations of 25 February 2014, the Committee on the Rights of the Child (CRC), while welcoming the local plan of action developed against trafficking in Pointe-Noire, notes with concern the persistence of cross-border trafficking of children for forced labour and sexual exploitation and internal “fostering”. The CRC also expresses its concern over allegations of the complicity of some authorities in activities related to trafficking and the fact that the number of successful prosecutions remains low (CRC/C/COG/CO/2-4, paragraph 78). Furthermore, the Committee notes the concern, expressed by the Committee on the Elimination of Discrimination Against Women (CEDAW) in its concluding observations of 14 November 2018, that the Congo is a country of origin, transit and destination for trafficking in persons. The CEDAW is particularly concerned about: (i) the absence of data on the number of victims, investigations, prosecutions and convictions relating to trafficking in persons; and (ii) the low rate of prosecutions and convictions (CEDAW/C/COG/CO/7, paragraph 30). Recalling that penalties are only effective if they are actually enforced, the Committee requests the Government to redouble its efforts to ensure that all persons who commit acts of trafficking in children and related crimes are investigated and prosecuted and that sufficiently effective and dissuasive penalties are applied. It requests the Government to provide information on the number of investigations carried out by the competent services concerning trafficking in children under 18 years of age and the number of prosecutions carried out, convictions handed down and penalties imposed under the Penal Code and/or Act No. 4-2010 of 14 June 2010 and/or Act No. 22-2019 of 17 June 2019.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour, removing them from these worst forms and ensuring their rehabilitation and social integration. Sale and trafficking of children. Further to its previous comments, the Committee notes the concern expressed by the CRC, in its concluding observations of 25 February 2014, at the insufficiency of the information provided by the Congo on the assistance and reintegration services available to child victims of trafficking (CRC/C/COG/CO/2-4, paragraph 78). In this regard, the Committee notes that, in its national report submitted to the Human Rights Council of 14 September 2018 (A/HRC/WG.6/31/COG/1, paragraphs 71–74), the Government indicates that state and non-state actors are focusing their efforts on prevention, victim identification, reception and care, repatriation and reintegration. With regard to the identification of victims, the principal actors are: the Government, neighbourhood or village leaders, law enforcement officers (police officers, gendarmes, border guards and immigration officials) and NGOs. Child victims of trafficking are housed with foster families. The Government arranges the repatriation and reintegration of foreign victims of trafficking and organizes return assistance for this purpose.

The Committee further notes that Act No. 22-2019 of 17 June 2019 on combating trafficking in persons contains a chapter on prevention, identification, protection and assistance to victims. Among other things, the Act provides that a national committee against trafficking in persons shall be created, tasked with: (i) preventing and combating trafficking in persons in all its forms; (ii) guaranteeing the protection of victims; (iii) collecting data relating to trafficking; and (iv) promoting cooperation and collaboration for these purposes (article 34). The Committee requests the Government to provide detailed information on the specific measures taken to prevent and combat child trafficking and to provide child victims of trafficking with appropriate services for their rehabilitation and social integration, including through the implementation of the provisions of Act No. 22-2019 of 17 June 2019 on prevention, identification, protection and assistance to victims and, in particular, the action taken by the national committee against trafficking in persons. It also requests the Government to provide information on the number of children thus prevented from being trafficked or removed from trafficking and subsequently rehabilitated and socially integrated.

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

The Committee notes with deep concern that the report of the Government, due since 2009, has not been received. In view of the urgent appeal that it launched to the Government in 2019, the Committee proceeded with the examination of the application of the Convention on the basis of the information at its disposal.

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution. The Committee noted previously that the sexual exploitation of children is a widespread practice in the country. The Committee noted that section 334 of the Penal Code penalizes the procuring or offering of a child for prostitution, but requested the Government to indicate whether the national legislation included provisions which incriminate the client.

While reiterating its concern at the absence of a Government report, the Committee takes due note that sections 65–68 of Act No. 4-2010 of 14 June 2010 on child protection in the Republic of the Congo unequivocally prohibit all forms of sexual exploitation of children, including the use of a child for sexual activities in exchange for remuneration and the offering, procurement or provision of a child for prostitution. Sections 118–122 of the Act establish various penalties in the form of imprisonment and fines applicable to those who violate the aforementioned provisions, referring also to the penalties provided under the Penal Code.

However, the Committee notes the concern expressed by the United Nations Committee for the Elimination of Discrimination Against Women in its concluding observations of 14 November 2018, at the fact that poverty continues to compel many young women and girls into prostitution, in particular in the cities of Brazzaville and Pointe-Noire (CEDAW/C/COG/CO/7, para. 32). In view of this information, the Committee requests the Government to take immediate and effective measures to ensure that section 334 of the Penal Code and sections 65 – 68 of Act No. 4-2010 of 14 June 2010 are applied effectively. The Committee also requests the Government to provide information in this regard, including, for example, statistics relating to the number and nature of offences reported, investigations, prosecutions, convictions and penalties imposed.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee noted the Government’s statement that no legislative or regulatory provisions prohibit the use, procuring of offering of a child for illicit activities. It requested the Government to indicate the measures taken or contemplated for prohibiting this worst form of child labour.

While reiterating its concern at the absence of a Government report, the Committee takes due that section 68 of Act No. 4-2010 of 14 June 2010 on child protection in the Republic of the Congo prohibits the worst forms of child labour, including the use, procuring or offering of a child for illicit activities, inter alia for the production and trafficking of drugs. Section 69 of the Act further prohibits the use of children in the production and sale of drugs, narcotics and alcohol. Pursuant to section 122 of the Act, anyone who violates the provisions of section 68 shall be liable to a penalty of from three months to one year of imprisonment and/or a fine of from 50,000 to 500,000 CFA francs. Lastly, pursuant to section 123, any person who has used a child in the production and trafficking of narcotics, drugs or alcohol shall be liable to a penalty of from one to five years of imprisonment and a fine of from 1,000,000 to 10,000,000 CFA francs.

Clause (d) and Article 4(1) and (3). Hazardous work and determination and revision of the list of types of hazardous work. Further to its previous comments, the Committee notes that section 68 of Act No. 4-2010 of 14 June 2010 on child protection in the Republic of the Congo prohibits the worst forms of child labour, including work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of the child. Furthermore, pursuant to this section, a decree adopted following the issuance of an opinion by the National Advisory Committee on Labour will establish the list and the kinds of work and categories of enterprise in which children may not be employed and the age up to which this prohibition applies. However, the Committee notes that it appears that, more than 10 years after the adoption of Act No. 4-2010 of 14 June 2010, the implementing decree for section 68 establishing the list and the kinds of work in which children may not be employed has still not been adopted. The Committee therefore requests the Government to take the necessary measures to ensure that the list of types of hazardous work prohibited for children under the age of 18 years contained in Order No. 2224 of 24 October 1953 is revised and that the implementing decree for section 68 of Act No. 4-2010 of 14 June 2010 is adopted, as soon as possible, in consultation with employers’ and workers’ organizations. It requests the Government to provide information on progress made in this regard in its next report.

Article 5. Monitoring mechanisms. The Committee noted previously that no provision has been made for a mechanism for dealing with the worst forms of child labour.

The Committee notes that section 61 of Act No. 4-2010 of 14 June 2010 on child protection in the Republic of the Congo provides that an order issued by the Minister of Social Affairs will establish early warning systems, as well as an observatory for children at risk, in order to observe, analyse and prevent the ill-treatment of and protect ill-treated children at the national level. The Committee observes, however, that the implementing order for section 61 has still not been adopted and the observatory for children at risk has still not been established. The Committee notes that the Committee on the Rights of the Child, in its concluding observations of 25 February 2014, expresses concern that, despite the existence of legal instruments prohibiting child labour, particularly in its worst forms, the law enforcement mechanisms are rarely implemented (CRC/C/COG/CO/2-4, para. 74). The Committee therefore once again requests the Government to take the necessary measures to establish a monitoring mechanism in addition to the inspectorate of labour and social legislation with regard to Article 3(a)–(c) of the Convention, which cover offences of a criminal nature. In this regard, it requests the Government to take the necessary measures to adopt the implementing order for section 61 of Act No. 4-2010 of 14 June 2010 and thus set up the observatory for children at risk. It requests the Government to provide information on progress made in this regard in its next report.

Article 6. Plans of action. Following its previous comments, the Committee takes note of the 2015 Strategic Framework for strengthening the national child protection system in the Republic of the Congo, achieved with support from the United Nations Children's Fund (UNICEF), with areas of action and targeted measures based on three crucial pillars: prevention, care and advocacy. The framework envisages three strategic areas, each subdivided into strategic objectives and actions. These objectives include: (i) the strengthening of the legal and regulatory framework, including the drafting and publication of implementing legislation for laws (including for Act No. 4-2010 of 14 June 2010); (ii) the development and establishment of community-based child protection mechanisms; (iii) the establishment and implementation of integrated child protection machinery/schemes in every department and district; (iv) building the capacities of child protection actors on protection and integrated care; (v) the strengthening of child protection in emergencies; (vi) the implementation of bodies/mechanisms for coordination and deliberations on childhood at the national and at the local level and of a follow-up/evaluation system to make the most of child protection interventions; and (vii) the promotion of positive social change by promoting interactive dialogue on equity, human rights and child protection. The Committee notes that, in the context of the Strategic Framework, children who work are considered to be in need of protection. The Committee requests the Government to provide information on the specific measures taken in the context of the Strategic Framework for strengthening the national child protection system, their impact on the elimination of the worst forms of child labour and the results achieved.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. Following its previous comments, the Committee notes first of all that free primary and secondary education in state schools in Congo was established by Ministerial Order No. 278/MFB/MET/MEPSA of 20 March 2008.

The Committee notes that, according to the multiple indicator cluster survey (MICS5 2014–2015), carried out in cooperation with UNICEF, school indicators appear to have experienced an overall positive development. According to the survey, the rate of access to primary education was 96.55 per cent in 2015 as against 89.50 per cent in 2011, the primary completion rate 91.05 per cent in 2015 as against 85.32 per cent in 2011 and the transition rate to secondary education 86.75 per cent in 2015 as against 72.81 per cent in 2011. However, at the secondary level, only two thirds of children aged 12–18 years were in school (67 per cent), equally among boys (67 per cent) and girls (68 per cent). Of the remaining one third of children of this age, most were attending primary school (19 per cent) but more than one in seven children of secondary school age (14 per cent) were outside the education system. Among these, significant disparities existed between departments: there were less than 13 per cent in Brazzaville and Pointe-Noire, but more than 20 per cent in Kouilou, Lékoumou, Bouenza and Pool. With 21 per cent, rural areas were twice as disadvantaged as rural areas (11 per cent).

While reiterating its concern at the absence of a Government report, the Committee takes due note of the following positive developments. The Committee notes that the Congo developed an education sector strategy (SSE 2015-2025), based on three thematic areas, with a view to developing an effective education system that: (i) offers quality basic education to all (10-year basic education); (ii) responds to the human resources needs of an emerging economy; and (iii) makes the running and management of the education system effective. Furthermore, the Government adopted a national strategy for girls’ school enrolment (2015–2017) comprising three main areas of action, namely: (i) improving girls’ access to and retention in schools; (ii) improving girls’ school attendance at all levels of the education system; and (iii) strengthening institutional capacities for girls’ education. The objective of the strategy is to improve gender parity at all levels of the education system. The Committee also notes the UNICEF Strategic Plan 2018–2021, one of the goals of which relates to access to quality education for all children, as well as the programme to support actions to strengthen the education system in response to the COVID-19 crisis, in partnership with UNICEF. The latter aims, inter alia, to ensure continuity in learning, the reopening of schools, support for the mechanisms to strengthen the response and resilience of the education system and support for vulnerable children (children from rural areas, refugees, orphans, children with disabilities and girls). Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to continue to take all necessary measures to improve the functioning of the education system and ensure free basic education. It also requests the Government to provide detailed information on the results achieved, through the SSE 2015 – 2025, the national strategy for girls’ school enrolment (2015 – 2017) and the measures taken in conjunction with UNICEF, in particular with regard to school enrolment and completion rates in rural areas, disaggregated by age and gender.

Clause (d). Children at special risk. 1. Children orphaned as a result of HIV/AIDS. Following its previous comments, the Committee notes that, according to MICS5 2014–2015, 88 per cent of orphans aged 10–14 years who have lost their father and mother attend a school. In this situation, there are relatively fewer boys (83 per cent) than girls (89 per cent). The corresponding percentages are 93 per cent and 74 per cent, respectively, for urban and rural areas. The Committee further notes that according to UNAIDS 2020 estimates, there are some 73,000 orphans as a result of HIV/AIDS in the Congo.

The Committee notes that the most recent National Strategic Framework against HIV/AIDS covers the period 2014–2018. One aim of this Strategic Framework was to reduce HIV/AIDS-related morbidity and mortality and to improve the quality of life of persons living with HIV and their families. Recalling that orphaned children, in particular those orphaned as a result of HIV/AIDS, are at greater risk of becoming involved in the worst forms of child labour, the Committee requests the Government to continue to take effective, time-bound measures to protect them from these worst forms of child labour. It requests the Government to provide information on the measures taken in this respect and on the results achieved.

2. Refugees and internally displaced persons. According to a 2018 report entitled Analyse de la situation des enfants et des adolescents en République du Congo (Analysis of the situation of children in the Republic of the Congo), drafted by the Congolese Government in cooperation with UNICEF, the Congo has faced several humanitarian crises caused by the massive influx of refugees at its borders, particularly in the department of Likouala. The most recent humanitarian crisis to have provoked an influx of refugees to the Congo is linked to the socio-political conflicts in the Central African Republic since 2013. In 2016, there were an estimated 29,304 Central African refugees. In a context in which 72 per cent of the population of Likouala was living below the extreme poverty line, this situation has increased social demand and given rise to new problems, including in respect of access to education and vocational training. According to a fact sheet of the Office of the United Nations High Commissioner for Refugees (UNHCR) for September 2021, there are now 52,631 refugees and asylum seekers in the Congo (mostly from the Central African Republic and the Democratic Republic of the Congo) and 304,430 internally displaced persons. According to a UNICEF fact sheet for 2021, one third of asylum seekers in the Congo are children in need of psychosocial and educational support. Considering that child refugees and internally displaced children are at greater risk of becoming involved in the worst forms of child labour, the Committee requests the Government to take effective, time-bound measures to protect them from these worst forms of child labour. It requests the Government to provide information on the measures taken in this respect and the results achieved.

Article 8. International cooperation. Poverty reduction. The Committee notes that, according to the 2018 Analysis of the situation of children in the Republic of the Congo, six out of ten children were living in multidimensional poverty in 2015 and the most vulnerable were living in poor households, families with little education and/or female-headed households and indigenous communities. The Analysis, with reference to a 2017 report entitled Analyse de la pauvreté multidimensionnelle des enfants au Congo (Analysis of multidimensional poverty among children in the Congo), indicates that the level of multidimensional poverty among children under 18 years of age in the Congo is fairly high. Overall, 61 per cent of children in the Congo are living in multidimensional poverty, based on a poverty line established according to three deprivation measures. This figure represents approximately 1.3 million children, and the trend is more pronounced in rural than in urban areas.

The Committee notes that, according to the 2018 Analysis, the Congo continued with the elaboration of a new National Development Plan (PND) 2018–2022, which will provide a framework for the implementation of all policies and strategies relating to children. Furthermore, in order to expedite poverty reduction and compensate for the limited ability of most Congolese households to pay, a National Policy for Social Action (PNAS) was developed in 2012 and revised in 2017. This policy aims to build adequate and effective non-contributory social protection and disaster management systems. Considering that poverty reduction programmes contribute to breaking the cycle of poverty, which is essential for eliminating the worst forms of child labour, the Committee encourages the Government to redouble its efforts to reduce the incidence of poverty among the population, particularly in rural areas. In this regard, it requests the Government to provide information on the impact of the PND 2018–2022 and the PNAS of 2017 on the elimination of the worst forms of child labour.

Application of the Convention in practice. The Committee requested the Government to provide information on the application of the Convention in practice.

The Committee notes that, according to MICS5 2014–15, in practice, particularly in the informal sector, there are children under 18 years of age involved in various income-generating activities such as vehicle cleaning, “filling/loading” buses and street and/or retail vending. Others are involved in family or household activities. Participation in economic activities for long hours varies with age: 18 per cent of children aged 5–11 years engage in economic activities, as against 3 per cent of children aged 12–14 years and 1 per cent of those aged 15–17 years. With regard to children in household tasks, the survey indicates that 2.4 per cent of children surveyed aged 5–11 years and 5.7 per cent of those aged 12–14 years were engaged in such tasks for 28 hours or more per week, whereas 3.7 per cent of children aged 15–17 years were engaged in these tasks for 43 hours or more. The percentage of children involved in domestic tasks is higher in rural areas than in urban areas. Among the children aged 5–17 years who reported that they performed household tasks, 17 per cent reported that they were working in hazardous conditions. While noting the information available through the MICS5 2014-15, the Committee encourages the Government to ensure that detailed and more recent data are available on the number of children under 18 years of age who are working in hazardous conditions, and to provide information in this regard.

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

The Committee notes with deep regret that the Government has failed to provide its first report on the application of the Convention for the fourth consecutive year. As the requested report has not been received, the Committee has examined the application of the Convention on the basis of publicly available information. The Committee also notes that the 2016 amendments to the Annexes of the Convention entered into force for the Congo on 8 June 2017. The Committee recalls that these amendments are intended to align the technical requirements of the Convention with the latest standards adopted by the International Civil Aviation Organization (ICAO). They seek in particular to change the biometric seafarers’ identity document (SID) by replacing the digital fingerprint, stored in a two-dimensional barcode, with a facial image stored in a contactless electronic chip, as required by ICAO Document 9303. The Committee recalls in this regard recall the Resolution adopted by the third meeting of the Special Tripartite Committee of the Maritime Labour Convention, 2006, as amended (MLC, 2006), in which it expresses concern about the difficulties seafarers continue to have in accessing shore leave and transiting in certain ports and terminals around the world and recognizes that although an increased number of member States have ratified Convention No. 185, there still appear to be problems in ensuring the Convention works in the way that it was originally intended. The Committee notes that these problems have been dramatically increased by the restrictions imposed by governments around the world to contain the spread of the COVID-19 pandemic. The Committee hopes that the Government will soon adopt the necessary measures to give full effect to all of the provisions of the Convention, as amended. It requests the Government to provide detailed information on these measures, including a copy of the applicable national provisions. The Committee also urges the Government to provide a model SID that is in conformity with the Convention as soon as it becomes available. The Committee recalls that the Government may, if it so wishes, avail itself of ILO technical assistance.

Article 1 of the Convention. Definition of the term “seafarer”. The Committee recalls that, in accordance with Article 1 of the Convention, the term “seafarer” means any person who is employed or is engaged or works in any capacity on board a vessel, other than a ship of war, ordinarily engaged in maritime navigation. The Committee refers to its comments concerning the definition of the term seafarer in the context of its examination of the application of the MLC, 2006, and asks the Government to indicate how effect is given to this provision of the Convention.

Articles 2–5. Issuance of seafarers' identity documents (SIDs). The Committee notes that section 101 of Act No. 30-63 of 4 July 1963 issuing the Merchant Shipping Code (CMM) provides that any seafarer embarking on a seagoing vessel shall receive, according to his or her demonstrated vocational training, either a seafarer’s workbook or a maritime identity card valid only for coastal navigation or local fisheries. The Committee observes, however, that the Government does not appear to have adopted more recent legislation giving effect to the Convention, nor to have issued any SID in the format required by the Convention. The Committee therefore asks the Government to adopt the necessary measures to give effect to Articles 2 to 5 of the Convention.

Article 6. Facilitation of shore leave and transit and transfer of seafarers. The Committee observes that there is no legislative information available on the application of this provision of the Convention. The Committee requests the Government to indicate how effect is given to this provision of the Convention.

Article 7. Continuous possession and withdrawal of SIDs. The Committee notes the lack of legislative information available on the application of this Article of the Convention. However, it observes that section 227 of Legislative Ordinance No. 66-98- Maritime Shipping Code, provides that the seafarer’s identity books and certificates shall be entrusted, before the vessel’s departure, to the master of the ship, who shall retain them until the seafarer’s scheduled disembarkation. The Committee recalls that Article 7(1) of the Convention provides that the SID shall remain in the seafarer's possession at all times, except when it is held for safekeeping by the master of the ship concerned, with the seafarer's written consent. With regard to paragraph 2 of this Article, the Committee recalls that the SID shall be promptly withdrawn by the issuing State if it is ascertained that the seafarer no longer meets the conditions for its issue under this Convention. The Committee requests the Government to indicate how effect is given to these provisions of the Convention.

Impact of the COVID-19 pandemic. The Committee takes note of the observations of the International Transport Workers’ Federation (ITF) and the International Chamber of Shipping (ICS), received by the Office on 1 and 26 October 2020 and 4 October 2021, alleging that ratifying States have failed to comply with certain provisions of the Convention during the COVID-19 pandemic. Noting with deep concern the impact of the COVID-19 pandemic on the protection of seafarers’ rights as laid out in the Convention, the Committee refers to its general observation of 2020 and its comments on the General Report of 2021 on this issue.

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.

The Committee notes that the Republic of the Congo did not ratify any maritime labour convention prior to the MLC, 2006. The Committee notes that the amendments to the Code of MLC, 2006, approved by the International Labour Conference in 2014 and 2016, entered into force for the Republic of the Congo on 18 January 2017 and 8 January 2019, respectively. The 2018 amendments are deemed to have been accepted and will enter into force for the Republic of the Congo on 26 December 2020. Following a first review of the information and documents available, the Committee draws the Government’s attention to the following issues. If considered necessary, the Committee may come back to other matters at a later stage.

Article II, paragraphs 1(f) and 2 of the Convention. Definitions and scope. Seafarers. The Committee notes that section 95 of the Merchant Shipping Code approved by Act No. 30-63 of 4 July 1963, as amended by Act No. 63-65 of 30 December 1965, defines the term “mariner” (“marin”) as “any person of either sex engaged by a shipowner or shipowner’s representative to serve on board a seagoing ship and take up salaried employment on deck, in the engine department or in general service” and that persons on board for the purpose of handling cargo do not have the status of mariner. It also notes that, according to section 96 of the Merchant Shipping Code, the status of Congolese mariner is limited to Congolese nationals on seafarers’ registers or nationals of other States subject to a reciprocal agreement with the Republic of the Congo. Furthermore, the Committee notes that section 2(41) of Regulation 08 12 UEAC 088 CM 23 of the Central African Economic and Monetary Community (CEMAC) adopting the Community Merchant Shipping Code of 22 July 2012 (CCMM), adopting the, which is directly applicable in the Republic of the Congo, defines “seafarer” or “mariner” as any maritime navigation professional and any other person whose professional activity is conducted at sea. The Committee recalls that the Convention – which does not distinguish between “seafarers” and “mariners” – is applicable to all seafarers, a seafarer being defined as a “person who is employed or engaged or working in any capacity on board a ship to which this Convention applies” (Article II, paragraphs 1 (f) and 2). This definition encompasses not only crew members in the strict sense, but also persons working on board in any capacity. The Committee also recalls that under the terms of the resolution concerning information on occupational groups that was adopted by the 94th (Maritime) Session of the International Labour Conference in 2006, “[p]ersons who regularly spend more than short periods aboard, even where they perform tasks that are not normally regarded as maritime tasks, may still be regarded as seafarers for the purpose of this Convention regardless of their position on board.” The Committee requests the Government to indicate the measures taken or envisaged to ensure that all persons who are employed or engaged or work in any capacity on board a ship to which this Convention applies benefit from the protection required by the Convention, irrespective of whether they are on the register of seafarers and, if not, to indicate the measures that ensure them the protection required by the Convention.

Article VII. Consultations. The Committee brings the attention of the Government to the fact that a number of provisions of the Convention provide for consultation with the shipowners’ and seafarers’ organizations concerned. The Committee requests the Government to list the shipowners’ and seafarers’ organizations that the competent authority or authorities consult in matters relating to the application of the Convention, and to indicate the arrangements for consultations with such representative organizations as required by the Convention or the appropriate national regulations.

Regulation 1.1 and the Code. Minimum age. The Committee notes that the Constitution of the Republic of the Congo of 6 November 2015 (article 40), Act No. 4-2010 of 14 June 2010 concerning the protection of children (section 68) and the Labour Code (sections 11 and 116), prohibit the employment of children under 16 years of age, including as apprentices. It also notes, however, that section 98 of the Merchant Shipping Code and section 3(2) of “Decree No. 67-196 of 31 July 1967 establishing the requirements for the practice of the occupation of seafaring and the procedures for awarding vocational qualifications”, provide for a minimum age of 15 years for work on board seagoing vessels registered in the Republic of the Congo and authorize the engagement of children on board at 14 years of age on an exceptional basis when that is in the interests of the child. The Committee recalls that, under Standard A1.1, paragraph 1, the employment, engagement or work on board a ship of any person under the age of 16 is prohibited and that no exceptions are permitted in this regard. With regard to the restrictions on work on board for seafarers under the age of 18 provided for under Standard A1.1, paragraphs 2, 3 and 4 (night work and hazardous work), the Committee notes that the national legislation currently in force does not give them full effect. The Committee recalls that Standard A1.1, paragraph 3, strictly limits the possible exceptions to the prohibition of night work by persons under 18 years of age, and that, in accordance with Standard A1.1, paragraph 4, the types of work likely to jeopardize the health or safety of seafarers under 18 years of age must be determined by national laws or regulations or by the competent authority, after consultation with the shipowners’ and seafarers’ organizations concerned. The Committee requests the Government to take the necessary measures to give full effect to Standard A1.1, paragraphs 1, 2, 3 and 4.

Regulation 1.2 and Standard A1.2, paragraphs 4, 8, 9 and 10. Medical certificate. Duly qualified medical practitioner. Period of validity. Exceptions. The Committee notes that the Merchant Shipping Code, 1963, Decree No. 67-196 of 31 July 1967, and Order No. 2247 of 7 June 1969 establishing the conditions of physical fitness for seafarers, do not address the following requirements: (i) the provisions applicable to persons authorized to issue medical certificates and certificates solely concerning eyesight, and the provision that duly qualified practitioners must enjoy full professional independence in exercising their medical judgement in undertaking medical examination procedures (Standard A1.2, paragraph 4); (ii) the validity period of the authorization given to a seafarer to work without a valid medical certificate shall not exceed three months and the seafarer shall be in possession of an expired medical certificate of recent date (Standard A1.2, paragraph 8); (iii) if the period of validity of a certificate expires in the course of a voyage, the certificate shall remain in force until the next port of call, provided that the period shall not exceed three months (Standard A1.2, paragraph 9); and (iv) the medical certificates for seafarers working on ships ordinarily engaged on international voyages must as a minimum be provided in English (Standard A1.2, paragraph 10). The Committee requests the Government to indicate the measures adopted or envisaged to give effect to these requirements of the Convention.

Regulation 1.4 and Standard A1.4, paragraph 5(c)(vi). Recruitment and placement. System of protection. The Committee notes that new section 3 of Order No. 7088/MTMMM/CAB of 31 August 2009, as amended by “Order No. 6970 of 3 May 2011 concerning system of accreditation to exercise the activity of provider of services to seafarers”, provides that applications for accreditation shall include the payment of a deposit of 5 million CFA francs into the dedicated account opened by the Directorate General of Merchant Shipping. However, the Committee notes that no information is available as to the purpose of this deposit, including whether it may be used to compensate seafarers for monetary loss that they may incur as a result of the failure of a recruitment and placement service or the relevant shipowner under the seafarers’ employment agreement to meet its obligations to them. The Committee therefore requests the Government to indicate the number of recruitment and placement services operating in the Republic of the Congo, as well as the relevant provisions which give effect to Standard A1.4, paragraph 5(c)(vi) of the Convention.

Regulation 2.1 and Standard A2.1, paragraphs 5 and 6. Seafarers’ employment agreements. Minimum notice period for termination. Shorter notice period for urgent reasons. The Committee notes that section 116 of the Merchant Shipping Code provides that the notice period to be observed in the event of the termination of a seafarers’ employment agreement may not be less than 24 hours. The Committee recalls that Standard A2.1, paragraph 5, provides that the notice period shall not be shorter than seven days. The Committee also recalls that Standard A2.1, paragraph 6, provides that a notice period shorter than the minimum may be given in circumstances recognized under national law or regulations or applicable collective bargaining agreements as justifying termination of the employment agreement at shorter notice or without notice. In determining those circumstances, each Member shall ensure that the need of the seafarer to terminate, without penalty, the employment agreement on shorter notice or without notice for compassionate or other urgent reasons is taken into account. The Committee requests the Government to indicate the measures taken or envisaged to ensure that the national legislation is in conformity with the requirements of Standard A2.1, paragraphs 5 and 6.

Regulation 2.2 and Standard A2.2, paragraphs 3, 4 and 5. Wages. Allotments. The Committee notes that the Merchant Shipping Code of the Republic of the Congo does not provide that shipowners shall take measures to provide seafarers with the opportunity to transmit all or part of their earnings to their families, dependants or legal beneficiaries, nor that they shall charge a reasonable amount for the services concerned, and that, unless otherwise provided, the rate of currency exchange shall, in accordance with national laws or regulations, be at the prevailing market rate or the official published rate and not unfavourable to the seafarer. The Committee requests the Government to provide information on the manner in which effect is given to the provisions of Standard A2.2.

Regulation 2.3 and Standard A2.3, paragraph 6. Hours of work and hours of rest. Division of hours of rest. The Committee notes that there is no information on legislation concerning the measures taken to prohibit the division of hours of rest into more than two periods, including one of at least six hours in length, and to ensure that the interval between two consecutive periods of rest does not exceed 14 hours, as required by Standard A2.3, paragraph 6. The Committee requests the Government to provide information on the measures giving effect to these requirements of the Convention.

Regulation 2.3 and Standard A2.3, paragraph 12. Hours of work and hours of rest. Records. The Committee notes that there appears to be no national provision concerning the requirements to maintain records of seafarers’ daily hours of work or hours of rest, in a standardized format, and to provide seafarers with a copy of the records pertaining to them, endorsed by the master, or a person authorized by the master, and by the seafarers, in accordance with Standard A2.3, paragraph 12. The Committee requests the Government to indicate the measures taken to give full effect to this requirement of the Convention.

Regulation 2.3 and Standard A2.3, paragraph 14. Hours of work and hours of rest. Immediate safety and distress at sea. The Committee notes that there is no information on the legislation concerning the requirements relating to minimizing the disturbance caused by various types of exercise and the granting of compensatory rest for seafarers once the normal situation has been restored in accordance with the provisions of Standard A2.3, paragraph 14. The Committee therefore requests the Government to indicate the measures taken or envisaged to ensure compliance with Standard A2.3, paragraph 14.

Regulation 2.5 and Standard A2.5.1, paragraphs 1, 2(a) and (c) and 3. Repatriation. Circumstances. Prohibition of advance payments and the recovery of costs from seafarers. The Committee notes that a joint reading of sections 140, 141, 143 and 144 of the Merchant Shipping Code of the Republic of the Congo, which provide for different situations in which seafarers have the right to be repatriated, does not cover all the cases in which the Convention provides for this right, in particular those mentioned in Standard A2.5.1, paragraph 1(b)(ii), and that the costs of repatriation are borne by the seafarer when put ashore on disciplinary grounds or in consequence of injury or sickness incurred due to a wilful act. Stressing the fundamental importance of the right to repatriation, the Committee requests the Government to adopt the necessary measures to ensure that any provision in the national legislation depriving seafarers of this right is limited to the circumstances envisaged in the Convention (for example, maximum period of service). With regard to the possibility provided by the Convention of recovering the costs of repatriation from the seafarer, the Committee underscores that this possibility is conditional upon the seafarer being found, in accordance with national laws or regulations or other measures of applicable collective bargaining agreements, to be in serious breach of his employment obligations. The Committee requests the Government to indicate the provisions specifying the procedure to be followed and the applicable standard of proof for a seafarer to be “in serious default of the seafarer’s employment obligations”. Furthermore, with regard to section 141(2) of the Merchant Shipping Code, which provides, in respect of a mariner engaged in a foreign port, that repatriation shall be to the port of embarkation unless it is stipulated in the employment contract that the mariner shall be repatriated to the Republic of the Congo, the Committee draws the Government’s attention to Guideline B2.5.1, paragraphs 6 and 7, which stipulates that seafarers should have the right to choose from among the prescribed destinations the place to which they are to be repatriated, which include the place at which the seafarer agreed to enter into the engagement, the place stipulated by collective agreement, the seafarer’s country of residence or such other place as may be mutually agreed at the time of engagement. The Committee requests the Government to revise the corresponding provisions of the Merchant Shipping Code, in order to ensure conformity with Regulation 2.5 and the related provisions of the Code.

Regulation 2.5 and Standard A2.5.1, paragraph 2(b). Repatriation. Maximum period of service on board. The Committee notes that the Merchant Shipping Code does not provide for the maximum period of service on board. The Committee recalls that pursuant to Standard A2.5.1, paragraph 2(b), the maximum period of service on board must be “less than 12 months”. In this regard, it observes that, further to a joint reading of Standard A2.4, paragraph 3, on annual leave, and Standard A2.5.1, paragraph 2(b), on repatriation, the maximum continuous period of service on board without leave is, in principle, 11 months. The Committee therefore requests the Government to indicate how it ensures conformity with Standard A2.5.1, paragraph 2(b).

Regulation 2.5 and Standard A2.5.2. Repatriation. Financial security. The Committee notes that section 182 of the Merchant Shipping Code provides for the opening in the Treasury’s records of an “advances on repatriation costs” account endowed with State budget funds enabling the repatriation upon request of seafarers left behind without resources abroad, shipwrecked seafarers or accused persons. The Committee notes that the conditions for the implementation of this provision are not specified and that the conditions of operation of this account will be established by a decision of the Minister of Finance and the Minister in charge of Merchant Shipping. With regard to the 2014 amendments, the Committee recalls that in accordance with Standard A2.5.2, Governments must ensure the provision of an expeditious and effective financial security system to assist seafarers in case of their abandonment. The Committee brings the attention of the Government to the following questions, included in the revised report form for the Convention: (a) was the financial security system provided for by the legislation determined after consultation with the shipowners’ and seafarers’ organizations concerned (if yes, specify if the financial security system was determined after consultation with the shipowners’ and seafarers’ organizations concerned); (b) has your country received requests to facilitate repatriation of a seafarer and, if yes, how did your country respond; (c) what are the circumstances under which a seafarer is considered abandoned according to national legislation; (d) does national legislation provide that ships that need to be certified according to Regulation 5.1.3 must carry on board a certificate or other documentary evidence of financial security issued by the financial security provider (if yes, specify if the certificate or other documentary evidence must contain the information required by Appendix A2-I and has to be in English or accompanied by an English translation, and if a copy must be posted in a conspicuous place on board); (e) does national legislation require that the financial security system is sufficient to cover outstanding wages and other entitlements, all expenses incurred by the seafarer (including the cost of repatriation), and the essential needs of the seafarer, as defined in Standard A2.5.2, paragraph 9; and (f) does national legislation provide for at least 30 days of notice by the financial security provider to the competent authority of the flag State before the financial security can cease? The Committee requests the Government to reply to the above-mentioned questions and to indicate in each case the applicable national provisions. The Committee also requests the Government to provide a copy of a standard certificate or other documentary evidence of financial security containing the information required in Appendix A2-I of the Convention (Standard A2.5.2, paragraph 7).

Regulation 2.7 and the Code. Manning levels. The Committee notes that section 110 of the Merchant Shipping Code provides that the manning level shall be sufficient and efficient from the point of view of navigational safety and that the method of application of this requirement shall be established by an ordinance of the maritime authority. The Committee requests the Government to provide the measures taken by the maritime authority to ensure the application of Regulation 2.7. Recalling that under Standard A2.7, paragraph 3, the competent authority shall take into account all the requirements of Regulation 3.2 and Standard A3.2 concerning food and catering, the Committee requests the Government to indicate the measures taken to give effect to this provision of the Convention. Noting the absence of available information with regard to complaint mechanisms about the determination of safe manning levels, the Committee requests the Government to indicate how Guideline B2.7.1 has been taken into account.

Regulation 3.1 and the Code. Accommodation and recreational facilities. The Committee notes that while the Merchant Shipping Code does not contain provisions on these matters, sections 435 and 436 of the CCMM contain requirements relating to accommodation and recreational facilities for crew members on board ship that give effect to Regulation 3.1 and the Code and provide for the possibility of exemptions by a State in accordance with the Convention, after consultation with the shipowners’ and seafarers’ organizations concerned. The Committee therefore requests the Government to provide detailed information on the manner in which effect is given to the requirements of the Convention regarding the accommodation and recreational facilities of seafarers on board ships flying the Congolese flag, specifying whether consultations have taken place with respect to the adoption of variations or exemptions under the CCMM.

Regulation 3.2 and the Code. Food and catering. The Committee notes that section 437(1) of the CCMM provides that ships flying the flag of each member State shall (a) provide food and drinking water supplies of suitable quantity, nutritional value, quality and variety taking into account the number of seafarers on board, their religious requirements and cultural practices as they pertain to food, and the duration and nature of the voyage; (b) organize and equip the catering department in such a manner as to permit the provision to the seafarers of adequate, varied and nutritious meals, prepared and served in hygienic conditions. The Committee also notes that according to section 135 of the Merchant Shipping Code, mariners are entitled to food or an equivalent allowance during their statutory holidays, and to the provision of food. The Committee observes, however that this provision does not specify whether shipowners are required to provide seafarers on board with drinking water free of charge, in accordance with the requirements of Regulation 3.2, paragraph 1 and of Standard A3.2, paragraph 2(a). The Committee requests the Government to indicate how this requirement of the Convention is implemented. The Committee further notes that there is no information available on training courses approved or recognized by the competent authority for ships’ cooks. The Committee requests the Government to provide information on the measures taken or envisaged to give effect to Standard A3.2, paragraphs 2(c), 3 and 4 of the Convention. The Committee also requests the Government to indicate whether dispensations have been issued to permit non-fully qualified cooks to serve as ships’ cooks in accordance with Standard A3.2, paragraph 6, and, if so, to specify the frequency and nature of the cases in which these dispensations were issued.

Regulation 4.1 and the Code. Medical care on board ship and ashore. The Committee notes that certain provisions of the Merchant Shipping Code and other regulations provide for medical care on board and ashore in general terms, without giving effect to the detailed requirements of Regulation 4.1 and the Code. The Committee recalls, however, with regard to medical care on board ship and ashore, that Standard A4.1, paragraphs 1, 2 and 4, require Members to adopt the necessary legislation and measures and that the above-mentioned legislation does not address several aspects of these paragraphs, including: (i) the specifics of the medicine chest and medical equipment and intervals between inspections (Standard A4.1, paragraph 4(a), and Guideline B4.1.1, paragraph 4); (ii) the requirement to carry a medical doctor on board certain ships and the required level of training in medical care and first aid (Standard A4.1, paragraph 4(b) and (c)); (iii) the provision of a system using radio or satellite or other forms of communication, to provide medical advice, free of charge, 24 hours a day to all ships (Standard A4.1, paragraph 4(d)). The Committee requests the Government to provide information on the national measures taken or envisaged to give full effect to these requirements of the Convention. The Committee also requests the Government to indicate the cases in which a consultation with a qualified medical doctor or dentist in ports of call, where practicable, may be refused (Standard A4.1, paragraph 1(b) and (c)). It also requests the Government to provide a copy of the requirements for the medicine chest and medical equipment and for the medical guide (Standard A4.1, paragraph 4(a)), and of the standard medical report form adopted by the competent authority in accordance with Standard A4.1, paragraph 2.

Regulation 4.2 and Standard A4.2.1, paragraphs 8–14, and Standard A4.2.2. Shipowners’ liability. Financial security in the event of death or long-term disability. The Committee notes that section 137 of the Merchant Shipping Code provides that in order to take into account the particular risks arising in the occupation of seafaring, the shipowner shall supplement, by means of a special insurance, the allowances and benefits paid by the national social welfare fund, until the seafarer recovers, stabilizes or is declared incurable or in a chronic state, for a maximum period of four months, so as to fully cover the amount of wages and, as appropriate, of food and pharmaceutical costs. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that pursuant to Standards A4.2.1 and A4.2.2, national laws and regulations shall provide that the financial security system to assure compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard meet certain minimum requirements. The Committee draws the Government’s attention to the following questions included in the revised report form for the Convention: (a) what is the form taken by the system of financial security and was it determined after consultation with the shipowners’ and seafarers’ organizations concerned; (b) how national laws and regulations ensure that the system of financial security meets the following minimum requirements: (i) payment of compensation in full and without delay, (ii) no pressure to accept payment less than the contractual amount, (iii) interim payments (while situation is being assessed) to avoid undue hardship, (iv) offsetting payment against any damages resulting from any other claim made by the seafarer against the shipowner and arising from the same incident, and (v) persons authorized to bring the claim for contractual compensation (seafarer, her/his next of kin, representative or designated beneficiary); (c) does national legislation provide that ships must carry on board a certificate or other documentary evidence of financial security issued by the financial security provider (if yes, specify if the certificate or other documentary evidence has to contain the information required in Appendix A4-I, be in English or accompanied by an English translation, and if a copy must be posted in a conspicuous place on board); (d) does national legislation provide: (i) for at least 30 days of notice by the financial security provider to the competent authority of the flag State before the financial security can cease, (ii) that the competent authority is notified by the financial security provider if a shipowner’s financial security is cancelled or terminated, and (iii) that seafarers receive prior notification if a shipowner’s financial security is to be cancelled or terminated; and (e) how does national legislation ensure that effective arrangements are in place to receive, deal with and impartially settle contractual claims relating to compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard, through expeditious and fair procedures? The Committee requests the Government to reply to the above-mentioned questions, indicating the applicable national provisions in each case. The Committee also requests the Government to provide a copy of a model certificate or other documentary evidence of financial security containing the information required in Appendix A4-I of the Convention (Standard A4.2.1, paragraph 14).

Regulation 4.3 and the Code. Health and safety protection and accident prevention. The Committee notes that, while section 444 of the CCMM provides for the health and safety protection of seafarers, no information is available as to whether national guidelines have actually been adopted in accordance with Regulation 4.3, paragraph 2. The Committee requests the Government to indicate the legislation and measures giving effect to paragraphs 1 and 2 of Standard A4.3. It also requests the Government to indicate whether it is a requirement to establish a safety committee on board a ship on which there are five or more seafarers. The Committee further requests the Government to provide an example of a document (for example, Part II of the declaration of maritime labour compliance (DMLC)) outlining a shipowner’s practices or on-board programmes (including risk evaluation) for the prevention of occupational accidents, injuries and diseases (Standard A4.3, paragraphs 1(c), 2(b) and 8), as well as a copy of the document(s) used for reporting unsafe conditions or occupational accidents on board ship (Standard A4.3, paragraph 1(d)).

Regulation 4.4 and the Code. Access to shore-based welfare facilities. The Committee notes the absence of available information in this regard. Recalling the importance of access to welfare facilities for seafarers, the Committee requests the Government to provide information on all measures adopted in the future to give full effect to the provisions of Regulation 4.4 of the Convention.

Regulation 4.5 and Standard A4.5. Social security. The Committee notes that, at the time of ratification and in accordance with Standard A4.5, paragraphs 2 and 10, the Government specified the following branches of social security: medical care; sickness benefit; employment injury benefit; family benefit; maternity benefit; invalidity benefit and survivors’ benefit. The Committee notes that according to sections 136 and 137 of the Merchant Shipping Code, mariners are entitled to family benefits under the general benefits system and are registered with the national social welfare fund, which provides them with the allowances and benefits guaranteed under its insurance schemes. The Committee requests the Government to provide detailed information on the manner in which the social security coverage provided for under sections 136 and 137 of the Merchant Shipping Code is provided in practice for seafarers who are ordinarily resident in the Republic of the Congo and for those who are ordinarily resident in the Republic of the Congo but work on a ship flying a foreign flag. The Committee also notes that foreign seafarers who, under reciprocal agreements between their country of origin and the Republic of the Congo, have been allowed to sail on board Congolese ships may, insofar as the regulations governing their status permit, continue to enjoy all of the social benefits to which they are entitled; in this case, shipowners and seafarers shall be exempt from paying contributions to Congolese social security schemes (section 1 of the Merchant Shipping Code). The Committee recalls that while the primary obligation to provide social security coverage rests with the State in which the seafarer is ordinarily resident, under the terms of Standard A4.5, paragraph 6, each Member shall give consideration to the various ways in which comparable benefits will, in accordance with national law and practice, be provided to seafarers working on board ships flying its flag in the absence of adequate coverage. The Committee requests the Government to provide information on all measures taken or envisaged to give effect to paragraphs 5 and 6 of Standard A4.5. The Committee also requests the Government to indicate the bilateral or multilateral agreements to which the Republic of the Congo is a party relating to social security protection covering seafarers, including the maintenance of acquired rights or rights in the course of acquisition (Regulation 4.5, paragraph 2, and Standard A4.5, paragraphs 3, 4 and 8).

Regulation 5.1 and the Code. Flag state responsibilities. The Committee notes that the Merchant Shipping Code establishes a mechanism for the issuance and verification of maritime navigation certificates and safety certificates through the maritime authorities and by a central safety committee and ships inspection committees. The Committee also notes that the delegation of these functions to recognized bodies is possible under section 41 of the aforementioned Code. The Committee notes, however, that these provisions have not been updated to incorporate the specific procedures and requirements provided for under Regulation 5.1 of the Convention with regard to flag State responsibilities. The Committee requests the Government to adopt without delay the necessary measures to give full effect to Regulation 5.1 of the Convention, including with regard to Regulation 5.1.3 on the maritime labour certificate and declaration of maritime labour compliance and Regulation 5.1.4 on inspection.

Regulation 5.1.1 and Standard A5.1.1, paragraph 2. Flag State responsibilities. General principles. Copy of the MLC, 2006, on board. Recalling that pursuant to Standard A5.1.1, paragraph 2, each Member shall require all ships that fly its flag to have a copy of the Convention available on board, the Committee requests the Government to indicate how it ensures compliance with this requirement of the Convention.

Regulation 5.1.2 and the Code. Flag State responsibilities. Authorization of recognized organizations. The Committee notes that section 212(1) of the CCMM provides that “the accreditation of classification societies meeting the criteria established by International Maritime Organization (IMO) resolution A.739(18) and Regulation 5.1.2 of the ILO Maritime Labour Convention, 2006, on the authorization of recognized organizations, shall give rise to an agreement, consistent with the model circulated by the IMO, between the competent maritime authority and the accredited classification society, specifying in particular the obligations that the latter must fulfil in the discharge of its functions”. Section 215 provides that recognized classification societies shall periodically report on their activities to the competent maritime authority. The Committee requests the Government to provide information on the manner in which effect is given to Standard A5.1.2, paragraph 1 (review of the competency and independence of recognized organizations) and Standard A5.1.2, paragraph 3 (system to ensure the adequacy of work performed by recognized organizations). The Committee also requests the Government to provide the list of recognized organizations which have been authorized to carry out the inspection and certification functions provided for by the Convention, specifying the functions that they have been authorized to carry out (Standard A5.1.2, paragraph 4).

Regulation 5.1.3 and the Code. Flag State responsibilities. Maritime labour certificate and declaration of maritime labour compliance. The Committee notes the absence of information concerning legislation giving effect to this provision of the Convention. The Committee requests the Government to indicate any steps taken to issue a DMLC, Part I in conformity with the requirements of the Convention and to supply a copy thereof. It also requests the Government to supply an example or examples of Part II of the DMLC prepared by a shipowner and certified by the competent authority or a recognized organization in accordance with Standard A5.1.3, paragraph 10(b). In view of the lack of information concerning legislation in this regard, the Committee requests the Government to specify the provisions governing: (a) the maximum validity period of the maritime labour certificate (Standard A5.1.3, paragraph 1); (b) requirements relating to intermediate inspection (Standard A5.1.3, paragraph 2);(c) renewal of the certificate (Standard A5.1.3, paragraphs 3 and 4); (d) requirements relating to the issuance of an interim maritime labour certificate (Standard A5.1. 3, paragraphs 5 to 8); (e) requirements relating to the posting on board ship and availability of the maritime labour certificate and the DMLC (Standard A5.1.3, paragraphs 12 and 13); (f) the circumstances under which a maritime labour certificate ceases to be valid (Standard A5.1.3, paragraphs 14 and 15); and (g) the circumstances under which a maritime labour certificate shall be withdrawn (Standard A5.1.3, paragraphs 16 and 17).

Regulation 5.1.4 and the Code. Flag State responsibilities. Inspection and enforcement. The Committee notes that the available legislation does not give effect to the detailed requirements of Regulation 5.1.4 with regard to the status of inspectors, the system of inspections and the applicable penalties. The Committee requests the Government to indicate the measures taken or envisaged to give full effect to these provisions of the Convention.

Regulation 5.1.5 and the Code. Flag State responsibilities. On-board complaint procedures. The Committee notes that the available national legislation does not give effect to the detailed requirements of Regulation 5.1.5. The Committee requests the Government to indicate the measures taken or envisaged to give full effect to these provisions of the Convention. It also requests the Government to provide the text of the model for on-board complaint procedures in force, if such a model has been established, or of the procedures that are normally followed on ships flying the Congolese flag.

Regulation 5.2 and the Code. Port State responsibilities. The Committee notes that the Republic of the Congo is a party to the Memorandum of Understanding on Port State Control for West and Central African Region (Abuja MoU). The relevant statistical report for 2019 indicates that 197 inspections were conducted by the Congolese maritime authorities under this control mechanism. Among the relevant instruments providing a basis for its provisions respecting port State inspections, the Abuja MoU refers to the MLC, 2006, the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (STCW), as amended and the Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147). The Committee recognizes the value of the coordinated implementation of inspections within the context of port State control at the level of this regional organization. The Committee recalls, however, that the obligation to give full effect to the provisions of the MLC, 2006, in their own legislation rests with the national authorities. With regard to compensation for loss or damage suffered as a result of a ship being unduly detained or delayed by the port authorities, the Committee notes that the national legislation does not address this matter. The Committee draws the Government’s attention to the need to adopt the necessary measures to ensure the conformity of the national legislation with the Convention. It requests the Government to indicate the provisions or legal principles on the basis of which compensation shall be paid for any loss or damage suffered as a result of a ship being unduly detained or delayed, in accordance with Standard A5.2.1, paragraph 8. The Committee also requests the Government to provide information on the number of complaints lodged with and settled by the maritime authority, as well as a copy of any document describing onshore complaint-handling procedures (Regulation 5.2.2).

Additional documents and information. The Committee requests the Government to provide the documents and statistical information requested in the report form.

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

Repetition

The Committee notes with deep regret that the Government has failed to submit its first report on the application of the Convention for the fourth consecutive year. As the requested report was not received, the Committee examined the application of the Convention on the basis of publicly available information.

Article I. General questions on application. Implementing measures. The Committee notes that the provisions of the Convention are mainly implemented by Act No. 30-63 of 4 July 1963 issuing the Merchant Shipping Code, amended by Act No. 63-65 of 30 December 1965; by orders and decrees of the Ministry of Transport, Civil Aviation and Merchant Shipping; and by Regulation No. 08/12-UEAC-088-CM-23 of the Central African Economic and Monetary Community (CEMAC) adopting the Community Merchant Shipping Code of 22 July 2012 (CCMM), which is directly applicable in the Congo and is one of the documents that must be carried on board ships flying the Congolese flag and foreign ships operating in Congolese territorial waters. The Committee also notes that the Labour Code does not exclude seafarers from its scope of application. Having reviewed the available information, the Committee notes the inconsistency between certain national provisions and between these and the CCMM, as well as the absence of available information on the implementation of several provisions of the Convention. The Committee underscores the need to avoid any inconsistency in the applicable provisions. It recalls that, in accordance with Article I of the Convention, each Member which ratifies the Convention undertakes to give full effect to its provisions in order to secure the right of all seafarers to decent employment. The Committee therefore requests the Government to adopt without delay the necessary measures to implement the Convention, taking into account the matters raised in the request addressed directly to the Government. It further requests the Government to provide a copy of any legislative texts or other regulatory instruments once adopted, as well as full information on the implementation of the Convention, including updated statistics on the number of seafarers who are nationals or residents of the Congo or who work on board ships flying the Congolese flag. The Committee reminds the Government that it may avail itself of the technical assistance of the Office in this regard.

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.

The Committee notes with deep regret that the Government has failed to submit its first report on the application of the Convention for the fourth consecutive year. The Committee draws the Government’s attention to the fact that if the requested report is not received on time (before 1 September 2022) for examination by the Committee at its next session, it will proceed to review the application of the Convention on the basis of publicly available information. The Committee emphasizes the particular importance of the first report, which provides the basis for the initial assessment of the implementation of the Convention both in law and in practice. The Committee is aware that, where no report has been sent for some time, it is likely that administrative or other problems are at the origin of the difficulties encountered by the Government in fulfilling its constitutional obligations. In such cases, it is important for governments to request technical assistance from the Office and for such assistance to be provided rapidly. The Committee requests the Government to adopt the necessary measures to implement the Convention without delay and to submit the requested first report for its examination at its next session. The Committee reminds the Government that it may avail itself of the technical assistance of the Office.

Impact of the COVID-19 pandemic. The Committee notes with deep concern the impact of the COVID-19 pandemic on the protection of fishers’ rights as laid out in the Convention. In this regard, the Committee refers to the resolution adopted by the Governing Body in its 340th Session (GB.340/Resolution) concerning maritime labour issues and COVID-19 disease, which calls on Member States to take measures to address the adverse impacts of the pandemic on fishers’ rights, and requests the Government to provide information in its next report on any temporary measures adopted in this regard, their duration and their impact on fishers’ rights.

[The Government is asked to reply in full to the present comments in 2022.]

Comments adopted by the CEACR: Congo

ADOPTED_BY_THE_CEACR_IN 2021

C029 - CMNT_TITLE

C029 - CMNT_TITLE

C081 - CMNT_TITLE

A. Labour inspection

Labour Inspection Convention, 1947 (No. 81)

B. Labour administration

Labour Administration Convention, 1978 (No. 150)

C087 - CMNT_TITLE

C098 - CMNT_TITLE

C100 - CMNT_TITLE

C100 - CMNT_TITLE

C105 - CMNT_TITLE

C111 - CMNT_TITLE

C111 - CMNT_TITLE

C138 - CMNT_TITLE

C138 - CMNT_TITLE

C144 - CMNT_TITLE

C149 - CMNT_TITLE

C152 - CMNT_TITLE

C182 - CMNT_TITLE

C182 - CMNT_TITLE

C185 - CMNT_TITLE

MLC, 2006 - CMNT_TITLE

MLC, 2006 - CMNT_TITLE

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Comments adopted by the CEACR: Congo

Display the list by:

ADOPTED_BY_THE_CEACR_IN 2021

C029 - CMNT_TITLE

C029 - CMNT_TITLE

C081 - CMNT_TITLE

A. Labour inspection

Labour Inspection Convention, 1947 (No. 81)

B. Labour administration

Labour Administration Convention, 1978 (No. 150)

C087 - CMNT_TITLE

C098 - CMNT_TITLE

C100 - CMNT_TITLE

C100 - CMNT_TITLE

C105 - CMNT_TITLE

C111 - CMNT_TITLE

C111 - CMNT_TITLE

C138 - CMNT_TITLE

C138 - CMNT_TITLE

C144 - CMNT_TITLE

C149 - CMNT_TITLE

C152 - CMNT_TITLE

C182 - CMNT_TITLE

C182 - CMNT_TITLE

C185 - CMNT_TITLE

MLC, 2006 - CMNT_TITLE

MLC, 2006 - CMNT_TITLE

C188 - CMNT_TITLE