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

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

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

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

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

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