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

Forced Labour Convention, 1930 (No. 29) - Congo (Ratification: 1960)

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

Articles 1(1), 2(1) and 25 of the Convention. 1. Exploitation of the labour of indigenous populations. The Committee previously pointed out that, according to several reports, practices similar to slavery and forced labour against indigenous populations endured in the country, and that “master-slave” relations persisted among indigenous populations and the Bantu majority. While welcoming the adoption of Act No. 5-2011 concerning the promotion and protection of the rights of indigenous peoples and the National Action Plan to improve the quality of life of indigenous peoples 2009–2013, the Committee requested the Government to take steps to protect members of indigenous peoples who were victims of forced labour and to ensure that they had access to the competent authorities in order to assert their rights.

The Committee notes that the United Nations Special Rapporteur on the rights of indigenous peoples indicates, in her report of 10 July 2020 following her visit to the Republic of the Congo, that the country has a sound legal foundation and has established a number of government mechanisms to protect and promote the rights of indigenous peoples including the adoption, in 2019, of six implementing decrees for Act No. 5-2011 on areas including access to basic social services, education, the organization of consultations and the creation of an inter-ministerial committee to guide government action for indigenous peoples. Nevertheless, the Special Rapporteur indicates that indigenous peoples continue to suffer from severe indirect and systemic discrimination and underscores that the serfdom of indigenous peoples by Bantu populations persists in certain areas of the country, and that economic and labour exploitation still exist. She specifies that Act No. 22-2019 of 17 June 2019 criminalizing trafficking in persons, including for the purposes of labour exploitation and serfdom, would make it possible to tackle the “master-slave” relationship that has historically characterized certain relationships between some Bantus and indigenous peoples. Furthermore, the Special Rapporteur observes that many indigenous people do not know who to turn to for effective remedy and reparation when their rights are violated (A/HRC/45/34/Add.1, paras 8, 60 and 85).

The Committee further notes the adoption of the National Action Plan 2018–2022 to improve the quality of life of indigenous peoples. This plan aims, in particular, to promote access to civil and political rights, including by raising awareness of Act No. 5-2011 among indigenous and Bantu populations and training law enforcement professionals. The Committee strongly encourages the Government to pursue every effort to combat stereotypes and discrimination which contribute to keeping certain members of indigenous peoples in a dependent relationship under the terms of which work may be imposed on them without their valid consent. The Committee requests the Government to provide information on the measures taken to raise awareness among indigenous peoples of their rights and to increase their autonomy, including in the context of the National Action Plan 2018–2022 and of the work of the inter-ministerial committee for indigenous peoples. Lastly, the Committee requests the Government to take practical steps to enable the members of indigenous peoples who were victims of forced labour and labour exploitation to assert their rights and obtain redress.

2. Trafficking in persons. While reiterating its concern at the absence of a Government report, the Committee takes due note of the adoption of Act No. 22-2019 of 17 June 2019 on combating trafficking in persons, which constitutes a positive development. The Act criminalizes trafficking in persons and provides that perpetrators shall be liable to a penalty of imprisonment (of from 5 to 10 years in accordance with section 21 of the Penal Code of 1836), or to harsher penalties in case of aggravating circumstances. It also contains provisions relating to the protection and assistance of trafficked persons, particularly with regard to housing, health and psychological, social and legal support. Furthermore, it provides for the establishment of a national committee to combat trafficking in persons, to (i) prevent and combat trafficking in persons; (ii) guarantee the protection of victims; (iii) collect data relating to trafficking; and (iv) promote cooperation and collaboration. The Committee notes the 2018 concluding observations of the United Nations Committee on the Elimination of Discrimination Against Women, which indicate that Congo is a country of origin, transit and destination for trafficking in persons (CEDAW/C/COG/CO/7, para. 30). The Committee requests the Government to provide information on the activities carried out by the National Committee to Combat Trafficking in Persons to prevent and combat trafficking in persons. It also requests the Government to provide information on the number of victims of trafficking who have benefited from protection and assistance services and on the nature of these services. Lastly, the Committee requests the Government to provide information on the effect given to Act No. 22-2019 in practice, including on the number of investigations, prosecutions, convictions and penalties.

Article 2(2)(c). Work exacted as the result of a conviction in a court of law. 1. The Committee noted previously that, according to Order No. 0192 of 23 January 1979 concerning the internal regulations of prisons, prisoners are put to work outside the prison and that men, in particular, may be subject to a hiring out of labour. It requested the Government to specify whether prisoners could be hired out to work for private entities (individuals, enterprises or associations).

The Committee notes that Order No. 12900 of 15 September 2011 establishing the internal regulations of prisons provides that every convict shall be required to perform prison work (section 32). However, it makes no further mention of work outside or of hiring out of labour. The Committee requests the Government to indicate whether a person sentenced to imprisonment, who is thus required to perform prison work, may, in practice, be provided or hired out to private entities. If so, please indicate the conditions under which the work of prisoners for private entities is performed.

2. The Committee noted previously that, according to Decree No. 99-86 of 19 May 1999 concerning the work and organization of the Directorate-General of Prisons Administration, the penalties enforcement department is responsible for organizing community service and the arrangements for the enforcement of other alternative penalties. It requested the Government to indicate whether community service sentences had already been imposed and, if so, to specify the legal or regulatory provisions governing such penalties.

The Committee notes that according to Order No. 12897 of 15 September 2011 establishing the work and organization of the services and offices of the Directorate-General of Prisons Administration, the alternative penalties service, which is part of the penalties enforcement department, is responsible for promoting alternative penalties and evaluating their enforcement (section 25). The Committee notes in this regard that the Order no longer refers specifically to community service. The Committee requests the Government to indicate whether the alternative penalties to which Order No. 12897 of 15 September 2011 refers include community service and, if so, please to provide a copy of the regulations governing the conditions of enforcement of this penalty.