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

Democratic Republic of the Congo

Safety Provisions (Building) Convention, 1937 (No. 62) (Ratification: 1960)
Guarding of Machinery Convention, 1963 (No. 119) (Ratification: 1967)
Hygiene (Commerce and Offices) Convention, 1964 (No. 120) (Ratification: 1967)

In order to provide an overview of the issues relating to the application of the ratified Conventions on occupational safety and health, the Committee considers it appropriate to examine the Safety Provisions (Building) Convention, 1937 (No. 62), the Guarding of Machinery Convention, 1963 (No. 119), and the Hygiene (Commerce and Offices) Convention, 1964 (No. 120), together.

Application in practice of Conventions Nos 62, 119 and 120. In response to its previous comment on this matter, the Government refers the Committee to the 2020 and 2021 reports on the work of the General Labour Inspectorate. Noting that these reports have not reached the Office, the Committee refers to the comments it is making under the Labour Inspection Convention, 1947 (No. 81) on the obligation of preparing an annual labour inspection report. In addition, the Committee once again requests the Government to provide statistical data on the number and nature of infringements reported in the construction, commerce and office sectors, and also those relating to the use of machinery, as well as the number, nature and causes of industrial accidents and occupational diseases which have been reported.

Protection in specific branches of activity

Safety Provisions (Building) Convention, 1937 (No. 62)

Further to the decision of the ILO Governing Body, taken at its 334th Session (October–November 2018), on the recommendation of the Standards Review Mechanism Tripartite Working Group (SRM TWG), to add an item concerning the abrogation of Convention No. 62, an outdated instrument, to the agenda of the 112th Session of the International Labour Conference (2024), the Committee, in its previous comment, encouraged the Government to consider ratifying the updated instrument, namely the Safety and Health in Construction Convention, 1988 (No. 167). The Committee duly notes the Government’s indication in its report that it will send a request to the Office in the course of 2023 for technical assistance with a view to ratifying Convention No. 167. In this regard, the Committee notes that the Democratic Republic of the Congo is part of a Decent Work Country Programme for 2021-2024, during which the Office has undertaken to continue to provide the Government with technical assistance in order to, in particular, promote the ratification of the relevant Conventions. While welcoming the information from the Government, the Committee encourages it to continue to follow up the decision adopted by the Governing Body at its 334th Session (October–November 2018) approving the recommendation of the SRM TWG, and to consider ratifying Convention No. 167. The Committee takes this opportunity to remind the Government that in June 2022, the International Labour Conference added the principle of a safe and healthy working environment to the fundamental principles and rights at work, thereby amending the 1998 Declaration on Fundamental Principles and Rights at Work. The Committee draws the Government’s attention to the possibility of availing itself of the technical assistance of the Office for the purpose of bringing both practice and applicable legislation into conformity with the fundamental occupational safety and health Conventions and thus promoting their ratification and effective application.

Hygiene (Commerce and Offices) Convention, 1964 (No. 120)

Articles 10 and 16. Temperature of workplaces. Appropriate standards of hygiene in underground or windowless premises. The Committee notes the Government’s indication in its report that section 5 of Ministerial Order No. 0013 of 4 August 1972, establishing conditions of hygiene in workplaces, provides that, in closed premises designated for work, each worker must have a cubic capacity of at least 10m3, and that the spaces must have a minimum height of 2.5 metres and be properly ventilated at all times. Further, the Committee notes that under Ministerial Order No. 12/CAB.MIN/ETPS/ 043 /2008 of 8 August 2008, establishing the organization and operations of committees for occupational health and safety and workplace improvement, the main task of such committees is to participate in screening for risks of all kinds that may affect safety, hygiene or health, as well as checking for cases of work that is unsuitable for any persons. The Committee also notes that under Ministerial Order No. 140/CAB/MINETAT/MTEPS/01/2018 of 8 November 2018, establishing the terms of promotion and prevention of occupational risks, the above-mentioned committees are responsible particularly for designing, amending and implementing the policy for the prevention of occupational accidents and diseases. The Committee notes this information which responds to its previous request.