Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

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

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 several reports from, inter alia, the Secretary-General of the United Nations (UN), the UN Security Council and the UN High Commissioner for Human Rights on the situation in the Democratic Republic of the Congo (documents A/HRC/27/42, S/2014/697, S/2014/698 and S/2014/222). The Committee noted that while these reports recognized the efforts made by the Government to prosecute the perpetrators of human rights violations, including public officials, they nevertheless expressed concern at the human rights situation and reports of violence, including sexual violence, committed by armed groups and the national armed forces. The Committee also noted the efforts made by the Government to combat the massive human rights violations.

The Committee notes the Government’s indication in its report that it has taken the following measures to protect victims of sexual violence and facilitate their reintegration. The laws on sexual violence now supplement the Penal Code, which did not contain all the offences criminalized under international law. The Government also indicates that it has set up three local police units to ensure the protection of civilians in the zones of armed conflict.

The Committee notes that, in his April 2017 report on conflict-related sexual violence, the UN Secretary-General stated that in 2016, the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo (MONUSCO) verified 514 cases of conflict-related sexual violence committed against 340 women, 170 girls and one boy. MONUSCO rescued 40 girls, some of whom reported being subjected to sexual slavery. Verdicts were also handed down in cases involving four combatants affiliated with the then Mouvement du 23 Mars for rape and three Nyatura combatants for sexual slavery (S/2017/249, paragraphs 32, 33 and 35).

While noting the difficult situation in the country, the Committee is bound to express concern at the sexual violence committed against civilians, particularly women who are subjected to sexual exploitation. The Committee urges the Government to step up its efforts to put an end to such acts of violence against civilians, which constitute a grave violation of the Convention, and to take immediate and effective measures so that appropriate criminal penalties are imposed on the perpetrators of these acts and the practice of sexual slavery and forced labour does not remain unpunished. It also urges the Government to intensify its efforts to ensure that the victims of such violence are fully protected. Lastly, the Committee requests the Government to provide information on the results achieved in this regard.

Article 25. Criminal penalties. For several years, the Committee has been drawing the Government’s attention to the lack of adequate criminal penalties in its legislation for the imposition of forced labour. 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 punish the imposition of other forms 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/or a fine).

The Committee notes the absence of information from the Government on this matter. The Committee once again expresses the firm hope that the Government will take the necessary measures to ensure the adoption in the very near future of adequate legislative provisions, which allow that, in accordance with Article 25 of the Convention, effective and dissuasive criminal penalties can be imposed in practice on persons exacting forced labour.

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