Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Abolition of Forced Labour Convention, 1957 (No. 105) - Congo (Ratification: 1999)

The Committee notes with deep concern that the Government’s report, which has been due since 2014, has not been received. In light of the urgent appeal made to the Government in 2019, the Committee is proceeding with the examination of the application of the Convention on the basis of the information at its disposal.

Impact of compulsory prison labour on the application of the Convention. The Committee notes that Act No. 10-2022 of 20 April 2022 issuing the Prison Code of the Republic of the Congo provides that detainees may be allocated useful work (section 130). Except in cases of incompatibility, detainees assigned to a job or to work benefit from the provisions of the labour and social protection legislation in force (section 134). The Committee observes that the Prison Code confirms the compulsory nature of work by detainees, as already set out in section 629 of the Code of Criminal Procedure and section 32 of Order No. 12900 of 15 September 2011 issuing the internal rules of prisons. In this regard, the Committee recalls that prison sentences involving the obligation to work fall within the scope of Article 1(a) and (d) of the Convention when they are imposed upon persons convicted of having expressed certain political views, expressed views ideologically opposed to the established political, social or economic system, or participated in strikes.

Article 1(a) of the Convention. Expression of political views or views ideologically opposed to the established political, social or economic system. The Committee observes that certain provisions of the national legislation provide for prison sentences for offences that could be related to activities through which people express political views or express ideological opposition to the established political, social or economic system, namely:

• –sections 191 and 194 of Act No. 8-2001 of 12 November 2001 on freedom of information and communication (offence against the President of the Republic and publication of false information),which provide for the possibility of a prison sentence in the event of a repeat offence;
• –sections 42 and 43 of Act No. 20-2017 of 12 May 2017 issuing the Basic Act on the conditions for the establishment, existence and means of financing political parties, which provide for sentences of imprisonment against any person who continues to be a member of a political party that is suspended; or any person who leads a political party and who, by means of written texts or statements, incites breaches of public order (the same provisions as those of sections 37 and 38 of Act No. 21-2006 of 21 August 2006 on political parties, referred to previously by the Committee);
• –section 68 of Act No. 27-2020 of 5 June 2020 to combat cybercrime, which provides that the production, possession, distribution, posting or provision of written texts, notices, objects or images contrary to good morals shall be punishable by a sentence of imprisonment.

The Committee notes that, according to the list of issues drawn up in 2020 prior to the submission of the report of the Congo to the Human Rights Committee, there is information indicating: (i) the suspension or withdrawal of newspapers and radio programmes following the publication of critical content; (ii) the conviction of journalists to sentences of imprisonment; (iii) the frequent arrest of organizers of demonstrations; and (iv) the arrest and detention of political opponents and human rights defenders, particularly under Act No. 21-2006 (CCPR/C/COG/QPR/3, paragraphs 18, 19 and 23).

As the above provisions of Acts Nos 20-2017 of 12 May 2017, 27-2020 of 5 June 2020 and 8-2001 of 12 November 2001 could be used to punish the expression of certain political views or the peaceful demonstration of ideological opposition to the established political, social or economic system by means of a prison sentence under the terms of which prison work may be imposed, the Committee requests the Government to provide detailed information on the effect given in practice to these provisions, with an indication of the number of prosecutions brought on this basis, the nature of the penalties imposed and the acts that gave rise to judicial prosecutions and convictions.

Article 1(d). Penalties imposed for having participated in a strike. The Committee recalls that under sections 248-11 and 248-12 of the Labour Code, criminal proceedings may be pursued against strikers, for example in the event of the occupation of premises during a strike, or for participation in an illegal strike. The Committee observes that these offences have been included in the draft Bill issuing the Labour Code, provided by the Government with its report under theFreedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and remain liable to criminal penalties (section 532 and 533 of the Bill). The Committee requests the Government to ensure that, in both law and practice, persons who participate peacefully in a strike cannot be liable to penal sanctions under which they may be sentenced to imprisonment. The Committee requests the Government to indicate the number of strikers prosecuted and convicted under the terms of sections 248-11 and 248-12 of the Labour Code, and to specify the charges against them and the criminal penalties imposed. The Committee requests the Government to ensure that the Bill, once adopted, is in full conformity with the Convention, and in this respect, it also refers the Government to the comments that it is making under Convention No. 87.