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

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

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.

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes with deep 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. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2022, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Compulsory prison labour. In its previous comments, the Committee noted that, under section 629 of the Code of Penal Procedure, persons sentenced to imprisonment are obliged to work. It requested the Government to indicate in this respect whether certain categories of prisoners are exempt from the obligation of prison work. The Committee notes that, under the terms of section 16 of Order No. 0192 of 23 January 1979 issuing the internal rules of prisons, convicted prisoners are required to work and no categories of detainees are exempt from the obligation of prison work. The Committee notes the Government’s confirmation that the Penal Code currently in force is still the Penal Code applicable in French Equatorial Africa, dating from 1836, without specifying whether it is currently being revised. In this respect, the Committee requests the Government to continue providing information in future reports on any revision of the Penal Code which may be undertaken in the near future.

Article 1(a) of the Convention. Expression of political views or views ideologically opposed to the established political, social or economic system. The Committee notes that, under the terms of 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 misinformation), a penalty of a fine is established. However, in the event of a repeat offence, a sentence of imprisonment (involving the obligation to work) is imposed.

The Committee also notes that sections 37 and 38 of Act No. 21/2006 of 21 August 2006 on political parties establishes sentences of imprisonment (involving the obligation to work) against any person continuing to be a member of a political party during its suspension, or any person who leads a political party which, by means of written materials or statements, incites breaches of public order.

The Committee recalls that Article 1(a) of the Convention prohibits the use of labour, and particularly compulsory prison labour, as a punishment for anyone who, without resorting to violence, holds or expresses political views or views ideologically opposed to the established political, social or economic system. It emphasizes that the range of activities which must be protected under this provision from punishment involving forced labour comprises the freedom to express political or ideological views (orally, through the press or through other communications media) (paragraph 302 of the General Survey of 2012 on the fundamental Conventions concerning rights at work). With a view to being able to assess the scope and application of these provisions, the Committee would be grateful if the Government would provide information on their application in practice, including copies of any court decisions determining or illustrating their scope.

Article 1(d). Penalties imposed for having participated in a strike. In its previous comments, the Committee observed that, under the terms of sections 248 11 and 248-12 of the Labour Code read together, certain actions carried out during a strike, such as occupying premises or taking part in an illegal strike, not only constitute a serious act of misconduct, but can give rise to criminal proceedings. The Committee requested the Government to indicate the penalties that might, in these circumstances, be imposed on striking workers who do not resort to violence, infringe the freedom of work of non-strikers or the right of the management of the enterprise to enter the premises.

The Committee notes the Government’s indication in its report that such workers are not liable to any penal sanctions. However, it notes that, in its report on the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Government indicates with regard to the penal sanctions that may be imposed under section 248-12 of the Labour Code, that they include providing compensation for the various types of damage caused to the enterprise and to non-striking workers. As, under the provisions of sections 248-11 and 248-12, in certain circumstances, striking workers may be subject to criminal proceedings, the Committee requests the Government to take the necessary measures 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 refers to the comments made under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes with deep 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. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2021, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Compulsory prison labour. In its previous comments, the Committee noted that, under section 629 of the Code of Penal Procedure, persons sentenced to imprisonment are obliged to work. It requested the Government to indicate in this respect whether certain categories of prisoners are exempt from the obligation of prison work. The Committee notes that, under the terms of section 16 of Order No. 0192 of 23 January 1979 issuing the internal rules of prisons, convicted prisoners are required to work and no categories of detainees are exempt from the obligation of prison work. The Committee notes the Government’s confirmation that the Penal Code currently in force is still the Penal Code applicable in French Equatorial Africa, dating from 1836, without specifying whether it is currently being revised. In this respect, the Committee requests the Government to continue providing information in future reports on any revision of the Penal Code which may be undertaken in the near future.

Article 1(a) of the Convention. Expression of political views or views ideologically opposed to the established political, social or economic system. The Committee notes that, under the terms of 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 misinformation), a penalty of a fine is established. However, in the event of a repeat offence, a sentence of imprisonment (involving the obligation to work) is imposed.

The Committee also notes that sections 37 and 38 of Act No. 21/2006 of 21 August 2006 on political parties establishes sentences of imprisonment (involving the obligation to work) against any person continuing to be a member of a political party during its suspension, or any person who leads a political party which, by means of written materials or statements, incites breaches of public order.

The Committee recalls that Article 1(a) of the Convention prohibits the use of labour, and particularly compulsory prison labour, as a punishment for anyone who, without resorting to violence, holds or expresses political views or views ideologically opposed to the established political, social or economic system. It emphasizes that the range of activities which must be protected under this provision from punishment involving forced labour comprises the freedom to express political or ideological views (orally, through the press or through other communications media) (paragraph 302 of the General Survey of 2012 on the fundamental Conventions concerning rights at work). With a view to being able to assess the scope and application of these provisions, the Committee would be grateful if the Government would provide information on their application in practice, including copies of any court decisions determining or illustrating their scope.

Article 1(d). Penalties imposed for having participated in a strike. In its previous comments, the Committee observed that, under the terms of sections 248 11 and 248-12 of the Labour Code read together, certain actions carried out during a strike, such as occupying premises or taking part in an illegal strike, not only constitute a serious act of misconduct, but can give rise to criminal proceedings. The Committee requested the Government to indicate the penalties that might, in these circumstances, be imposed on striking workers who do not resort to violence, infringe the freedom of work of non-strikers or the right of the management of the enterprise to enter the premises.

The Committee notes the Government’s indication in its report that such workers are not liable to any penal sanctions. However, it notes that, in its report on the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Government indicates with regard to the penal sanctions that may be imposed under section 248-12 of the Labour Code, that they include providing compensation for the various types of damage caused to the enterprise and to non-striking workers. As, under the provisions of sections 248-11 and 248-12, in certain circumstances, striking workers may be subject to criminal proceedings, the Committee requests the Government to take the necessary measures 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 refers to the comments made under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes with deep 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. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Compulsory prison labour. In its previous comments, the Committee noted that, under section 629 of the Code of Penal Procedure, persons sentenced to imprisonment are obliged to work. It requested the Government to indicate in this respect whether certain categories of prisoners are exempt from the obligation of prison work. The Committee notes that, under the terms of section 16 of Order No. 0192 of 23 January 1979 issuing the internal rules of prisons, convicted prisoners are required to work and no categories of detainees are exempt from the obligation of prison work. The Committee notes the Government’s confirmation that the Penal Code currently in force is still the Penal Code applicable in French Equatorial Africa, dating from 1836, without specifying whether it is currently being revised. In this respect, the Committee requests the Government to continue providing information in future reports on any revision of the Penal Code which may be undertaken in the near future.

Article 1(a) of the Convention. Expression of political views or views ideologically opposed to the established political, social or economic system. The Committee notes that, under the terms of 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 misinformation), a penalty of a fine is established. However, in the event of a repeat offence, a sentence of imprisonment (involving the obligation to work) is imposed.

The Committee also notes that sections 37 and 38 of Act No. 21/2006 of 21 August 2006 on political parties establishes sentences of imprisonment (involving the obligation to work) against any person continuing to be a member of a political party during its suspension, or any person who leads a political party which, by means of written materials or statements, incites breaches of public order.

The Committee recalls that Article 1(a) of the Convention prohibits the use of labour, and particularly compulsory prison labour, as a punishment for anyone who, without resorting to violence, holds or expresses political views or views ideologically opposed to the established political, social or economic system. It emphasizes that the range of activities which must be protected under this provision from punishment involving forced labour comprises the freedom to express political or ideological views (orally, through the press or through other communications media) (paragraph 302 of the General Survey of 2012 on the fundamental Conventions concerning rights at work). With a view to being able to assess the scope and application of these provisions, the Committee would be grateful if the Government would provide information on their application in practice, including copies of any court decisions determining or illustrating their scope.

Article 1(d). Penalties imposed for having participated in a strike. In its previous comments, the Committee observed that, under the terms of sections 248 11 and 248-12 of the Labour Code read together, certain actions carried out during a strike, such as occupying premises or taking part in an illegal strike, not only constitute a serious act of misconduct, but can give rise to criminal proceedings. The Committee requested the Government to indicate the penalties that might, in these circumstances, be imposed on striking workers who do not resort to violence, infringe the freedom of work of non-strikers or the right of the management of the enterprise to enter the premises.

The Committee notes the Government’s indication in its report that such workers are not liable to any penal sanctions. However, it notes that, in its report on the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Government indicates with regard to the penal sanctions that may be imposed under section 248-12 of the Labour Code, that they include providing compensation for the various types of damage caused to the enterprise and to non-striking workers. As, under the provisions of sections 248-11 and 248-12, in certain circumstances, striking workers may be subject to criminal proceedings, the Committee requests the Government to take the necessary measures 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 refers to the comments made under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).

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

The Committee notes with deep 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 2012.

Repetition

Compulsory prison labour. In its previous comments, the Committee noted that, under section 629 of the Code of Penal Procedure, persons sentenced to imprisonment are obliged to work. It requested the Government to indicate in this respect whether certain categories of prisoners are exempt from the obligation of prison work. The Committee notes that, under the terms of section 16 of Order No. 0192 of 23 January 1979 issuing the internal rules of prisons, convicted prisoners are required to work and no categories of detainees are exempt from the obligation of prison work. The Committee notes the Government’s confirmation that the Penal Code currently in force is still the Penal Code applicable in French Equatorial Africa, dating from 1836, without specifying whether it is currently being revised. In this respect, the Committee requests the Government to continue providing information in future reports on any revision of the Penal Code which may be undertaken in the near future.

Article 1(a) of the Convention. Expression of political views or views ideologically opposed to the established political, social or economic system. The Committee notes that, under the terms of 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 misinformation), a penalty of a fine is established. However, in the event of a repeat offence, a sentence of imprisonment (involving the obligation to work) is imposed.

The Committee also notes that sections 37 and 38 of Act No. 21/2006 of 21 August 2006 on political parties establishes sentences of imprisonment (involving the obligation to work) against any person continuing to be a member of a political party during its suspension, or any person who leads a political party which, by means of written materials or statements, incites breaches of public order.

The Committee recalls that Article 1(a) of the Convention prohibits the use of labour, and particularly compulsory prison labour, as a punishment for anyone who, without resorting to violence, holds or expresses political views or views ideologically opposed to the established political, social or economic system. It emphasizes that the range of activities which must be protected under this provision from punishment involving forced labour comprises the freedom to express political or ideological views (orally, through the press or through other communications media) (paragraph 302 of the General Survey of 2012 on the fundamental Conventions concerning rights at work). With a view to being able to assess the scope and application of these provisions, the Committee would be grateful if the Government would provide information on their application in practice, including copies of any court decisions determining or illustrating their scope.

Article 1(d). Penalties imposed for having participated in a strike. In its previous comments, the Committee observed that, under the terms of sections 248 11 and 248-12 of the Labour Code read together, certain actions carried out during a strike, such as occupying premises or taking part in an illegal strike, not only constitute a serious act of misconduct, but can give rise to criminal proceedings. The Committee requested the Government to indicate the penalties that might, in these circumstances, be imposed on striking workers who do not resort to violence, infringe the freedom of work of non-strikers or the right of the management of the enterprise to enter the premises.

The Committee notes the Government’s indication in its report that such workers are not liable to any penal sanctions. However, it notes that, in its report on the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Government indicates with regard to the penal sanctions that may be imposed under section 248-12 of the Labour Code, that they include providing compensation for the various types of damage caused to the enterprise and to non-striking workers. As, under the provisions of sections 248-11 and 248-12, in certain circumstances, striking workers may be subject to criminal proceedings, the Committee requests the Government to take the necessary measures 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 refers to the comments made under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).

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

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 2012. The Committee also notes that the Government has been requested to provide information to the Committee on the Application of Standards at the 106th Session of the International Labour Conference for failure to supply reports and information on the application of ratified Conventions.

Repetition

Compulsory prison labour. In its previous comments, the Committee noted that, under section 629 of the Code of Penal Procedure, persons sentenced to imprisonment are obliged to work. It requested the Government to indicate in this respect whether certain categories of prisoners are exempt from the obligation of prison work. The Committee notes that, under the terms of section 16 of Order No. 0192 of 23 January 1979 issuing the internal rules of prisons, convicted prisoners are required to work and no categories of detainees are exempt from the obligation of prison work. The Committee notes the Government’s confirmation that the Penal Code currently in force is still the Penal Code applicable in French Equatorial Africa, dating from 1836, without specifying whether it is currently being revised. In this respect, the Committee requests the Government to continue providing information in future reports on any revision of the Penal Code which may be undertaken in the near future.

Article 1(a) of the Convention. Expression of political views or views ideologically opposed to the established political, social or economic system. The Committee notes that, under the terms of 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 misinformation), a penalty of a fine is established. However, in the event of a repeat offence, a sentence of imprisonment (involving the obligation to work) is imposed.

The Committee also notes that sections 37 and 38 of Act No. 21/2006 of 21 August 2006 on political parties establishes sentences of imprisonment (involving the obligation to work) against any person continuing to be a member of a political party during its suspension, or any person who leads a political party which, by means of written materials or statements, incites breaches of public order.

The Committee recalls that Article 1(a) of the Convention prohibits the use of labour, and particularly compulsory prison labour, as a punishment for anyone who, without resorting to violence, holds or expresses political views or views ideologically opposed to the established political, social or economic system. It emphasizes that the range of activities which must be protected under this provision from punishment involving forced labour comprises the freedom to express political or ideological views (orally, through the press or through other communications media) (paragraph 302 of the General Survey of 2012 on the fundamental Conventions concerning rights at work). With a view to being able to assess the scope and application of these provisions, the Committee would be grateful if the Government would provide information on their application in practice, including copies of any court decisions determining or illustrating their scope.

Article 1(d). Penalties imposed for having participated in a strike. In its previous comments, the Committee observed that, under the terms of sections 248 11 and 248-12 of the Labour Code read together, certain actions carried out during a strike, such as occupying premises or taking part in an illegal strike, not only constitute a serious act of misconduct, but can give rise to criminal proceedings. The Committee requested the Government to indicate the penalties that might, in these circumstances, be imposed on striking workers who do not resort to violence, infringe the freedom of work of non-strikers or the right of the management of the enterprise to enter the premises.

The Committee notes the Government’s indication in its report that such workers are not liable to any penal sanctions. However, it notes that, in its report on the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Government indicates with regard to the penal sanctions that may be imposed under section 248-12 of the Labour Code, that they include providing compensation for the various types of damage caused to the enterprise and to non-striking workers. As, under the provisions of sections 248-11 and 248-12, in certain circumstances, striking workers may be subject to criminal proceedings, the Committee requests the Government to take the necessary measures 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 refers to the comments made under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

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

Repetition

Compulsory prison labour. In its previous comments, the Committee noted that, under section 629 of the Code of Penal Procedure, persons sentenced to imprisonment are obliged to work. It requested the Government to indicate in this respect whether certain categories of prisoners are exempt from the obligation of prison work. The Committee notes that, under the terms of section 16 of Order No. 0192 of 23 January 1979 issuing the internal rules of prisons, convicted prisoners are required to work and no categories of detainees are exempt from the obligation of prison work. The Committee notes the Government’s confirmation that the Penal Code currently in force is still the Penal Code applicable in French Equatorial Africa, dating from 1836, without specifying whether it is currently being revised. In this respect, the Committee requests the Government to continue providing information in future reports on any revision of the Penal Code which may be undertaken in the near future.

Article 1(a) of the Convention. Expression of political views or views ideologically opposed to the established political, social or economic system. The Committee notes that, under the terms of 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 misinformation), a penalty of a fine is established. However, in the event of a repeat offence, a sentence of imprisonment (involving the obligation to work) is imposed.

The Committee also notes that sections 37 and 38 of Act No. 21/2006 of 21 August 2006 on political parties establishes sentences of imprisonment (involving the obligation to work) against any person continuing to be a member of a political party during its suspension, or any person who leads a political party which, by means of written materials or statements, incites breaches of public order.

The Committee recalls that Article 1(a) of the Convention prohibits the use of labour, and particularly compulsory prison labour, as a punishment for anyone who, without resorting to violence, holds or expresses political views or views ideologically opposed to the established political, social or economic system. It emphasizes that the range of activities which must be protected under this provision from punishment involving forced labour comprises the freedom to express political or ideological views (orally, through the press or through other communications media) (paragraph 302 of the General Survey of 2012 on the fundamental Conventions concerning rights at work). With a view to being able to assess the scope and application of these provisions, the Committee would be grateful if the Government would provide information on their application in practice, including copies of any court decisions determining or illustrating their scope.

Article 1(d). Penalties imposed for having participated in a strike. In its previous comments, the Committee observed that, under the terms of sections 248 11 and 248-12 of the Labour Code read together, certain actions carried out during a strike, such as occupying premises or taking part in an illegal strike, not only constitute a serious act of misconduct, but can give rise to criminal proceedings. The Committee requested the Government to indicate the penalties that might, in these circumstances, be imposed on striking workers who do not resort to violence, infringe the freedom of work of non-strikers or the right of the management of the enterprise to enter the premises.

The Committee notes the Government’s indication in its report that such workers are not liable to any penal sanctions. However, it notes that, in its report on the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Government indicates with regard to the penal sanctions that may be imposed under section 248-12 of the Labour Code, that they include providing compensation for the various types of damage caused to the enterprise and to non-striking workers. As, under the provisions of sections 248-11 and 248-12, in certain circumstances, striking workers may be subject to criminal proceedings, the Committee requests the Government to take the necessary measures 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 refers to the comments made under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

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

Repetition

Compulsory prison labour. In its previous comments, the Committee noted that, under section 629 of the Code of Penal Procedure, persons sentenced to imprisonment are obliged to work. It requested the Government to indicate in this respect whether certain categories of prisoners are exempt from the obligation of prison work. The Committee notes that, under the terms of section 16 of Order No. 0192 of 23 January 1979 issuing the internal rules of prisons, convicted prisoners are required to work and no categories of detainees are exempt from the obligation of prison work. The Committee notes the Government’s confirmation that the Penal Code currently in force is still the Penal Code applicable in French Equatorial Africa, dating from 1836, without specifying whether it is currently being revised. In this respect, the Committee requests the Government to continue providing information in future reports on any revision of the Penal Code which may be undertaken in the near future.

Article 1(a) of the Convention. Expression of political views or views ideologically opposed to the established political, social or economic system. The Committee notes that, under the terms of 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 misinformation), a penalty of a fine is established. However, in the event of a repeat offence, a sentence of imprisonment (involving the obligation to work) is imposed.

The Committee also notes that sections 37 and 38 of Act No. 21/2006 of 21 August 2006 on political parties establishes sentences of imprisonment (involving the obligation to work) against any person continuing to be a member of a political party during its suspension, or any person who leads a political party which, by means of written materials or statements, incites breaches of public order.

The Committee recalls that Article 1(a) of the Convention prohibits the use of labour, and particularly compulsory prison labour, as a punishment for anyone who, without resorting to violence, holds or expresses political views or views ideologically opposed to the established political, social or economic system. It emphasizes that the range of activities which must be protected under this provision from punishment involving forced labour comprises the freedom to express political or ideological views (orally, through the press or through other communications media) (paragraph 302 of the General Survey of 2012 on the fundamental Conventions concerning rights at work). With a view to being able to assess the scope and application of these provisions, the Committee would be grateful if the Government would provide information on their application in practice, including copies of any court decisions determining or illustrating their scope.

Article 1(d). Penalties imposed for having participated in a strike. In its previous comments, the Committee observed that, under the terms of sections 248 11 and 248-12 of the Labour Code read together, certain actions carried out during a strike, such as occupying premises or taking part in an illegal strike, not only constitute a serious act of misconduct, but can give rise to criminal proceedings. The Committee requested the Government to indicate the penalties that might, in these circumstances, be imposed on striking workers who do not resort to violence, infringe the freedom of work of non-strikers or the right of the management of the enterprise to enter the premises.

The Committee notes the Government’s indication in its report that such workers are not liable to any penal sanctions. However, it notes that, in its report on the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Government indicates with regard to the penal sanctions that may be imposed under section 248-12 of the Labour Code, that they include providing compensation for the various types of damage caused to the enterprise and to non-striking workers. As, under the provisions of sections 248-11 and 248-12, in certain circumstances, striking workers may be subject to criminal proceedings, the Committee requests the Government to take the necessary measures 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 refers to the comments that it made in its 2011 direct request concerning the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).

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

The Committee notes 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 comments.

Repetition

Compulsory prison labour. In its previous comments, the Committee noted that, under section 629 of the Code of Penal Procedure, persons sentenced to imprisonment are obliged to work. It requested the Government to indicate in this respect whether certain categories of prisoners are exempt from the obligation of prison work. The Committee notes that, under the terms of section 16 of Order No. 0192 of 23 January 1979 issuing the internal rules of prisons, convicted prisoners are required to work and no categories of detainees are exempt from the obligation of prison work. The Committee notes the Government’s confirmation that the Penal Code currently in force is still the Penal Code applicable in French Equatorial Africa, dating from 1836, without specifying whether it is currently being revised. In this respect, the Committee requests the Government to continue providing information in future reports on any revision of the Penal Code which may be undertaken in the near future.

Article 1(a) of the Convention. Expression of political views or views ideologically opposed to the established political, social or economic system. The Committee notes that, under the terms of 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 misinformation), a penalty of a fine is established. However, in the event of a repeat offence, a sentence of imprisonment (involving the obligation to work) is imposed.

The Committee also notes that sections 37 and 38 of Act No. 21/2006 of 21 August 2006 on political parties establishes sentences of imprisonment (involving the obligation to work) against any person continuing to be a member of a political party during its suspension, or any person who leads a political party which, by means of written materials or statements, incites breaches of public order.

The Committee recalls that Article 1(a) of the Convention prohibits the use of labour, and particularly compulsory prison labour, as a punishment for anyone who, without resorting to violence, holds or expresses political views or views ideologically opposed to the established political, social or economic system. It emphasizes that the range of activities which must be protected under this provision from punishment involving forced labour comprises the freedom to express political or ideological views (orally, through the press or through other communications media) (paragraph 302 of the General Survey of 2012 on the fundamental Conventions concerning rights at work). With a view to being able to assess the scope and application of these provisions, the Committee would be grateful if the Government would provide information on their application in practice, including copies of any court decisions determining or illustrating their scope.

Article 1(d). Penalties imposed for having participated in a strike. In its previous comments, the Committee observed that, under the terms of sections 248 11 and 248-12 of the Labour Code read together, certain actions carried out during a strike, such as occupying premises or taking part in an illegal strike, not only constitute a serious act of misconduct, but can give rise to criminal proceedings. The Committee requested the Government to indicate the penalties that might, in these circumstances, be imposed on striking workers who do not resort to violence, infringe the freedom of work of non-strikers or the right of the management of the enterprise to enter the premises.

The Committee notes the Government’s indication in its report that such workers are not liable to any penal sanctions. However, it notes that, in its report on the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Government indicates with regard to the penal sanctions that may be imposed under section 248-12 of the Labour Code, that they include providing compensation for the various types of damage caused to the enterprise and to non-striking workers. As, under the provisions of sections 248 11 and 248-12, in certain circumstances, striking workers may be subject to criminal proceedings, the Committee requests the Government to take the necessary measures 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 refers to the comments that it made in its 2011 direct request concerning the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Compulsory prison labour. In its previous comments, the Committee noted that, under section 629 of the Code of Penal Procedure, persons sentenced to imprisonment are obliged to work. It requested the Government to indicate in this respect whether certain categories of prisoners are exempt from the obligation of prison work.

The Committee notes that, under the terms of section 16 of Order No. 0192 of 23 January 1979 issuing the internal rules of prisons, convicted prisoners are required to work and no categories of detainees are exempt from the obligation of prison work.

The Committee notes the Government’s confirmation that the Penal Code currently in force is still the Penal Code applicable in French Equatorial Africa, dating from 1836, without specifying whether it is currently being revised. In this respect, the Committee requests the Government to continue providing information in future reports on any revision of the Penal Code which may be undertaken in the near future.

Article 1(a) of the Convention. Expression of political views or views ideologically opposed to the established political, social or economic system. The Committee notes that, under the terms of 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 misinformation), a penalty of a fine is established. However, in the event of a repeat offence, a sentence of imprisonment (involving the obligation to work) is imposed.

The Committee also notes that sections 37 and 38 of Act No. 21/2006 of 21 August 2006 on political parties establishes sentences of imprisonment (involving the obligation to work) against any person continuing to be a member of a political party during its suspension, or any person who leads a political party which, by means of written materials or statements, incites breaches of public order.

The Committee recalls that Article 1(a) of the Convention prohibits the use of labour, and particularly compulsory prison labour, as a punishment for anyone who, without resorting to violence, holds or expresses political views or views ideologically opposed to the established political, social or economic system. It emphasizes that the range of activities which must be protected under this provision from punishment involving forced labour comprises the freedom to express political or ideological views (orally, through the press or through other communications media) (paragraph 302 of the General Survey of 2012 on the fundamental Conventions concerning rights at work). With a view to being able to assess the scope and application of these provisions, the Committee would be grateful if the Government would provide information on their application in practice, including copies of any court decisions determining or illustrating their scope.

Article 1(d). Penalties imposed for having participated in a strike. In its previous comments, the Committee observed that, under the terms of sections 248 11 and 248-12 of the Labour Code read together, certain actions carried out during a strike, such as occupying premises or taking part in an illegal strike, not only constitute a serious act of misconduct, but can give rise to criminal proceedings. The Committee requested the Government to indicate the penalties that might, in these circumstances, be imposed on striking workers who do not resort to violence, infringe the freedom of work of non-strikers or the right of the management of the enterprise to enter the premises.

The Committee notes the Government’s indication in its report that such workers are not liable to any penal sanctions. However, it notes that, in its report on the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Government indicates with regard to the penal sanctions that may be imposed under section 248-12 of the Labour Code, that they include providing compensation for the various types of damage caused to the enterprise and to non-striking workers. As, under the provisions of sections 248 11 and 248-12, in certain circumstances, striking workers may be subject to criminal proceedings, the Committee requests the Government to take the necessary measures 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 refers to the comments that it made in its 2011 direct request concerning the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes with regret that the Government’s report has not been received. The Committee hopes that in its next report the Government will be able to reply to the following comments and provide the legislation requested. Indeed, this information is vital to the Committee to be able to determine whether, following the ratification of this Convention by the Congo in 1999, the national law and practice ensure the protection guaranteed under the Convention.

Repetition

Article 1(a) of the Convention. Expressing political views or views ideologically opposed to the established political, social or economic system. The Committee notes that under article 19 of the Constitution of the Congo, all citizens have the right to freely express and disseminate their views in speech, in writing, in images or by any other media; freedom of information and communication is guaranteed; censure is forbidden; access to sources of information is free; all citizens have a right to information and communication; and all activities pertaining thereto are to be carried out in observance of the law. Under article 21 of the Constitution, the State recognizes and guarantees, under the conditions set by law, freedom of movement, association, assembly, procession and demonstration. Section 53 specifies that political parties are recognized in accordance with the Constitution and the law. The Committee requests the Government to provide copies of texts regulating the exercise of public rights and freedoms laid down in these articles of the Constitution, and especially legislation relating to freedom of the press, the establishment of political parties, freedom of association, assembly and demonstration.

Article 1(d). Penalties imposed for having participated in a strike. The Committee points out that, under sections 248–11 and 248–12 of the Labour Code read together, some actions carried out during the strike, such as occupying premises or taking part in an illegal strike, not only constitute a serious act of misconduct but can give rise to criminal proceedings. The Committee requests the Government to indicate the penalties that might, in these circumstances, be imposed on striking workers when they do not resort to violence, infringe the freedom of work of non-strikers or the right of the management of the enterprise to enter the premises.

Applicable criminal legislation. According to information available to the Committee, the French Penal Code applicable to French Equatorial Africa is still in force in the area of criminal law. The Government has apparently set up committees to review this Penal Code. The Committee requests the Government to provide information on this matter.

The Committee notes, however, that under section 629 of the Code of Penal Procedure, persons sentenced to imprisonment are obliged to work. Section 637(1) stipulates that a Decree shall determine the organization and internal management of prison establishments. The Committee requests the Government to provide a copy of this Decree and any other text governing the work of prisoners. The Government is also asked to specify whether certain categories of prisoners are exempted from the obligation of prison work.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes with regret that the Government’s report has not been received. The Committee hopes that in its next report the Government will be able to reply to the following comments and provide the legislation requested. Indeed, this information is vital to the Committee to be able to determine whether, following the ratification of this Convention by the Congo in 1999, the national law and practice ensure the protection guaranteed under the Convention.

Article 1(a) of the Convention. Expressing political views or views ideologically opposed to the established political, social or economic system. The Committee notes that under article 19 of the Constitution of the Congo, all citizens have the right to freely express and disseminate their views in speech, in writing, in images or by any other media; freedom of information and communication is guaranteed; censure is forbidden; access to sources of information is free; all citizens have a right to information and communication; and all activities pertaining thereto are to be carried out in observance of the law. Under article 21 of the Constitution, the State recognizes and guarantees, under the conditions set by law, freedom of movement, association, assembly, procession and demonstration. Section 53 specifies that political parties are recognized in accordance with the Constitution and the law. The Committee requests the Government to provide copies of texts regulating the exercise of public rights and freedoms laid down in these articles of the Constitution, and especially legislation relating to freedom of the press, the establishment of political parties, freedom of association, assembly and demonstration.

Article 1(d). Penalties imposed for having participated in a strike. The Committee points out that, under sections 248–11 and 248–12 of the Labour Code read together, some actions carried out during the strike, such as occupying premises or taking part in an illegal strike, not only constitute a serious act of misconduct but can give rise to criminal proceedings. The Committee requests the Government to indicate the penalties that might, in these circumstances, be imposed on striking workers when they do not resort to violence, infringe the freedom of work of
non-strikers or the right of the management of the enterprise to enter the premises.

Applicable criminal legislation. According to information available to the Committee, the French Penal Code applicable to French Equatorial Africa is still in force in the area of criminal law. The Government has apparently set up committees to review this Penal Code. The Committee requests the Government to provide information on this matter.

The Committee notes, however, that under section 629 of the Code of Penal Procedure, persons sentenced to imprisonment are obliged to work. Section 637(1) stipulates that a Decree shall determine the organization and internal management of prison establishments. The Committee requests the Government to provide a copy of this Decree and any other text governing the work of prisoners. The Government is also asked to specify whether certain categories of prisoners are exempted from the obligation of prison work.

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

The Committee notes with regret that the Government’s report has not been received. The Committee hopes that in its next report the Government will be able to reply to the following comments and provide the legislation requested. Indeed, this information is vital to the Committee to be able to determine whether, following the ratification of this Convention by the Congo in 1999, the national law and practice ensure the protection guaranteed under the Convention.

Article 1, subparagraph a, of the Convention. Expressing political views or views ideologically opposed to the established political, social or economic system. The Committee notes that under article 19 of the Constitution of the Congo, all citizens have the right to freely express and disseminate their views in speech, in writing, in images or by any other media; freedom of information and communication is guaranteed; censure is forbidden; access to sources of information is free; all citizens have a right to information and communication; and all activities pertaining thereto are to be carried out in observance of the law. Under article 21 of the Constitution, the State recognizes and guarantees, under the conditions set by law, freedom of movement, association, assembly, procession and demonstration. Section 53 specifies that political parties are recognized in accordance with the Constitution and the law. The Committee requests the Government to provide copies of texts regulating the exercise of public rights and freedoms laid down in these articles of the Constitution, and especially legislation relating to freedom of the press, the establishment of political parties, freedom of association, assembly and demonstration.

Article 1, subparagraph d. Penalties imposed for having participated in a strike. The Committee points out that, under sections 248–11 and 248–12 of the Labour Code read together, some actions carried out during the strike, such as occupying premises or taking part in an illegal strike, not only constitute a serious act of misconduct but can give rise to criminal proceedings. The Committee requests the Government to indicate the penalties that might, in these circumstances, be imposed on striking workers when they do not resort to violence, infringe the freedom of work of non-strikers or the right of the management of the enterprise to enter the premises.

Applicable criminal legislation. According to information available to the Committee, the French Penal Code applicable to French Equatorial Africa is still in force in the area of criminal law. The Government has apparently set up committees to review this Penal Code. The Committee requests the Government to provide information on this matter.

The Committee notes, however, that under section 629 of the Code of Penal Procedure, persons sentenced to imprisonment are obliged to work. Section 637(1) stipulates that a Decree shall determine the organization and internal management of prison establishments. The Committee requests the Government to provide a copy of this Decree and any other text governing the work of prisoners. The Government is also asked to specify whether certain categories of prisoners are exempted from the obligation of prison work.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes with regret that the Government’s report received in January 2008 does not reply to its previous comments and that the previous reports due for 2007 and 2006 have not been received. The Committee hopes that in its next report the Government will be able to reply to the following comments and provide the legislation requested. Indeed, this information is vital to the Committee to be able to determine whether, following the ratification of this Convention by the Congo in 1999, the national law and practice ensure the protection guaranteed under the Convention.

Article 1(a) of the Convention. Expressing political views or views ideologically opposed to the established political, social or economic system. The Committee notes that under article 19 of the Constitution of the Congo, all citizens have the right to freely express and disseminate their views in speech, in writing, in images or by any other media; freedom of information and communication is guaranteed; censure is forbidden; access to sources of information is free; all citizens have a right to information and communication; and all activities pertaining thereto are to be carried out in observance of the law. Under article 21 of the Constitution, the State recognizes and guarantees, under the conditions set by law, freedom of movement, association, assembly, procession and demonstration. Section 53 specifies that political parties are recognized in accordance with the Constitution and the law. The Committee requests the Government to provide copies of texts regulating the exercise of public rights and freedoms laid down in these articles of the Constitution, and especially legislation relating to freedom of the press, the establishment of political parties, freedom of association, assembly and demonstration.

Article 1(d). Penalties imposed for having participated in a strike. The Committee points out that, under sections 248–11 and 248–12 of the Labour Code read together, some actions carried out during the strike, such as occupying premises or taking part in an illegal strike, not only constitute a serious act of misconduct but can give rise to criminal proceedings. The Committee requests the Government to indicate the penalties that might, in these circumstances, be imposed on striking workers when they do not resort to violence, infringe the freedom of work of non-strikers or the right of the management of the enterprise to enter the premises.

Applicable criminal legislation. According to information available to the Committee, the French Penal Code applicable to French Equatorial Africa is still in force in the area of criminal law. The Government has apparently set up committees to review this Penal Code. The Committee requests the Government to provide information on this matter.

The Committee notes, however, that under section 629 of the Code of Penal Procedure, persons sentenced to imprisonment are obliged to work. Section 637(1) stipulates that a Decree shall determine the organization and internal management of prison establishments. The Committee requests the Government to provide a copy of this Decree and any other text governing the work of prisoners. The Government is also asked to specify whether certain categories of prisoners are exempted from the obligation of prison work.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

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 following matters raised in its previous direct request:

The Committee notes that under article 19 of the Constitution of the Congo, all citizens have the right to freely express and disseminate their views in speech, in writing, in images or by any other media; freedom of information and communication is guaranteed; censure is forbidden; access to sources of information is free; all citizens have a right to information and communication; and all activities pertaining thereto are to be carried in observance of the law. The Committee requests the Government to provide the laws governing the exercise of the constitutional rights laid down in article 19.

The Committee also notes that under article 21 of the Constitution, the State recognizes and guarantees, under the conditions set by law, freedom of movement, association, assembly, procession and demonstration. The Committee requests the Government to send the legislation in force governing the freedoms of association, assembly and demonstration.

The Committee notes that under section 629 of the Code of Penal Procedure, persons sentenced to imprisonment are under obligation to work, and that section 637(1) stipulates that a decree shall determine the organization and internal running of penitentiary establishments. The Committee requests the Government to provide copies of the texts governing the execution of penalties and the prison regime.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes 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 following matters raised in its previous direct request:

The Committee notes that under article 19 of the Constitution of the Congo, all citizens have the right to freely express and disseminate their views in speech, in writing, in images or by any other media; freedom of information and communication is guaranteed; censure is forbidden; access to sources of information is free; all citizens have a right to information and communication; and all activities pertaining thereto are to be carried in observance of the law. The Committee requests the Government to provide the laws governing the exercise of the constitutional rights laid down in article 19.

The Committee also notes that under article 21 of the Constitution, the State recognizes and guarantees, under the conditions set by law, freedom of movement, association, assembly, procession and demonstration. The Committee requests the Government to send the legislation in force governing the freedoms of association, assembly and demonstration.

The Committee notes that under section 629 of the Code of Penal Procedure, persons sentenced to imprisonment are under obligation to work, and that section 637(1) stipulates that a decree shall determine the organization and internal running of penitentiary establishments. The Committee requests the Government to provide copies of the texts governing the execution of penalties and the prison regime.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the Government’s first report.

The Committee notes that under article 19 of the Constitution of the Congo, all citizens have the right to freely express and disseminate their views in speech, in writing, in images or by any other media; freedom of information and communication is guaranteed; censure is forbidden; access to sources of information is free; all citizens have a right to information and communication; and all activities pertaining thereto are to be carried in observance of the law. The Committee requests the Government to provide the laws governing the exercise of the constitutional rights laid down in article 19.

The Committee also notes that under article 21 of the Constitution, the State recognizes and guarantees, under the conditions set by law, freedom of movement, association, assembly, procession and demonstration. The Committee requests the Government to send the legislation in force governing the freedoms of association, assembly and demonstration.

The Committee notes that under section 629 of the Code of Penal Procedure, persons sentenced to imprisonment are under obligation to work, and that section 637(1) stipulates that a decree shall determine the organization and internal running of penitentiary establishments. The Committee requests the Government to provide copies of the texts governing the execution of penalties and the prison regime.