Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

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

Follow up to the discussion of the Committee on the Application of Standards (International Labour Conference, 103rd Session, May–June 2014)

The Committee notes the discussion held in the Conference Committee on the Application of Standards, as well as the observations made by the Confederation of Trade Unions of Congo (CSC) on the application of the Convention, received on 28 August 2014.

Articles 1(1), 2(1) and 25 of the Convention. Forced labour and sexual slavery in the context of the armed conflict. In its previous comments, the Committee noted the information provided by the CSC, the International Trade Union Confederation (ITUC) and the reports of several United Nations agencies confirming the persistence of serious violations of human rights committed by State security forces and various armed groups in the context of the armed conflict which has been raging in the Democratic Republic of the Congo. This information referred to cases of abduction of women and children with a view to their use as sexual slaves; the imposition of forced labour related to the illegal extraction of natural resources in many resource-rich areas, principally in Orientale Province, the Kivus and North Katanga; abductions of persons to force them to participate in activities such as domestic work, wood cutting, gold mining and agricultural production for the benefit of armed groups. While being aware of the complexity of the situation and the efforts made by the Government to re-establish peace and security, the Committee recalls that failure to comply with the rule of law, the climate of impunity and the difficulties experienced by victims in gaining access to justice contribute to the continued perpetration of these serious violations of the Convention.

The Committee notes that, during the discussion of the application of the Convention by the Committee on the Application of Standards, the Government representative indicated that, with the support of the United Nations Stabilization Mission in the Democratic Republic of the Congo (MONUSCO), the territories which had been under the control of armed groups have been taken back by the regular army, and that the Government had initiated legal proceedings and organized trials which had resulted in severe sentences being imposed on the perpetrators of these crimes. The Government representative also reaffirmed its commitment to prosecute those who had violated human rights and to bring an end to impunity, emphasizing that the acts referred to by the Committee were largely in the past. With support from international cooperation, the Government has deployed specialized police brigades, known as local brigades, to restore the authority of the State and thereby ensure the protection of the civilian population. While noting the difficulty posed by the situation and the efforts made by the Government, many speakers emphasize the need to intensify efforts to combat impunity and to ensure adequate protection for victims. The need to reinforce the labour inspection services, particularly in mining areas, was also emphasized.

The Committee notes that, in its communication of August 2014, while recognizing the efforts made by the Government to combat the massive violations of human rights, the CSC confirms that forced labour persists and remains a serious concern, as it is intensifying. The CSC refers, by way of illustration, to the events of July 2014 in Ituri (Orientale Province), where an armed group abducted women and children to subject them to sexual exploitation and forced labour in the extraction and transport of minerals. It adds that the measures to punish those responsible for these acts are neither firm nor effective, and impunity encourages the propagation of such practices.

The Committee also notes various reports by, among others, the Secretary General of the United Nations, the United Nations Security Council and the United Nations High Commissioner for Human Rights in the context of the activities of his Office in the Democratic Republic of the Congo (A/HRC/27/42, S/2014/697, S/2014/698 and S/2014/222). The Committee notes that these reports recognize the efforts made by the Government to prosecute the perpetrators of human rights violations, including public officials. They however remain concerned at the human rights situation in the Democratic Republic of the Congo and by recurrent reports of violence, including sexual violence, perpetrated by armed groups and the national armed forces, particularly in the eastern provinces of the Democratic Republic of the Congo. The Security Council recalled in this respect that there must be no impunity for persons responsible for human rights violations. The High Commissioner emphasized that the justice system faces various challenges in investigating and prosecuting perpetrators of human rights violations, including the lack of resources and staffing and the lack of independence of military tribunals, where they exist, which is also problematic.

The Committee notes all of this information and urges the Government to step up its efforts to bring an end to the violence perpetrated against civilians with a view to subjecting them to forced labour and sexual exploitation. Considering that impunity contributes to the propagation of these serious violations, the Committee trusts that the Government will continue to take determined measures to combat impunity and will provide civil and military tribunals with appropriate resources with a view to ensuring that the perpetrators of these serious violations of the Convention are brought to justice and punished. The Committee also requests the Government to take measures to protect victims and for their reintegration.

Article 25. Criminal penalties. The Committee recalls that, with the exception of section 174(c) and (e) regarding forced prostitution and sexual slavery, the Penal Code does not establish appropriate criminal penalties to penalize the imposition of forced labour. Moreover, the penalties established by the Labour Code in this respect are not of the dissuasive nature required by Article 25 of the Convention (section 323 of the Labour Code establishes a principal penalty of imprisonment of a maximum of six months and a fine, or one of these two penalties). The Committee expresses the firm hope that the Government will take the necessary measures for the adoption in the very near future of adequate legislative provisions so that, in accordance with Article 25 of the Convention, effective and dissuasive criminal penalties can be applied in practice on persons exacting forced labour.

Repeal of legislation allowing the exaction of work for national development purposes, as a means of collecting unpaid taxes, and by persons in preventive detention. For several years, the Committee has been requesting the Government to formally repeal or amend the following legislative texts and regulations, which are contrary to the Convention:

• – Act No. 76-11 of 21 May 1976 respecting national development and its implementing order, Departmental Order No. 00748/BCE/AGRI/76 of 11 June 1976 on the performance of civic tasks in the context of the National Food Production Programme: these legal texts, which aim to increase productivity in all sectors of national life, require, subject to criminal penalties, all able-bodied adult persons who are not already considered to be making their contribution by reason of their employment to carry out agricultural and other development work, as decided by the Government;
• – Legislative Ordinance No. 71/087 of 14 September 1971 on the minimum personal contribution, of which sections 18 to 21 provide for imprisonment involving compulsory labour, upon decision of the chief of the local community or the area commissioner, of taxpayers who have defaulted on their minimum personal contributions;
• – Ordinance No. 15/APAJ of 20 January 1938 respecting the prison system in indigenous districts, which allows work to be exacted from persons in preventive detention (this Ordinance is not on the list of legal texts repealed by Ordinance No. 344 of 15 September 1965 respecting prison labour).

The Committee notes that the Government representative indicated on this subject in the Conference Committee on the Application of Standards that a Bill to repeal earlier legislation authorizing recourse to forced labour for purposes of national development was before the Parliament and that a copy of it would be provided once it had been adopted. The Committee notes the indication by the CSC in this regard that the Bill is not a priority for Parliament. The Committee trusts that the Government will be able to indicate in its next report the formal repeal of the legal texts noted above, to which it has been referring for many years and which the Government indicates are obsolete.

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