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

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

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

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

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

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