Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Guarding of Machinery Convention, 1963 (No. 119) - Democratic Republic of the Congo (Ratification: 1967)

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2011.

Repetition

Article 3 of the Convention. Exemptions to the obligation to provide guards. The Committee notes that, in response to its previous comments, the Government refers to Section 16 of Ministerial Decree (MD) No. 46, but that this provision does not seem to regulate the matters provided for in Article 3 of the Convention. The Committee notes that the newly adopted regulation MD No. 46 does not include any provision providing for possible exemptions from the obligations it prescribes. The Committee requests the Government to confirm that exemptions from the applicability of the provisions in MD No. 46 is not provided for in any other legislation.

Article 4. Responsibility for ensuring compliance. The Committee notes the information provided that the labour inspectorate is competent to ensure compliance with the provisions of MD No. 46. With reference to the terms of this Article of the Convention, which places a special obligation to ensure compliance inter alia, on the vendor, the person letting out on hire or transferring the machinery in any other manner or the exhibitor, the Committee requests the Government to provide further information on measures taken to give effect, in law and in practice, to this Article of the Convention.

Application in practice. The Committee notes the absence of any information on the application in practice of the Convention. The Committee reiterates its request to the Government to provide a general appreciation of the manner in which the Convention is applied in the country, including, for instance, extracts from official reports, such as labour inspection reports, and information on any practical difficulties in the application of the Convention, the number and nature of work accidents reported, as well as any other information allowing the Committee to assess more accurately how the Convention is applied in practice in the country.