Observation (CEACR) - adoptée 1997, publiée 86ème session CIT (1998)

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decree, the legislative and regulatory texts existing at the date of its promulgation remain in force until they are repealed".

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

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

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

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

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

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

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

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

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

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

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