Observation (CEACR) - adoptée 2021, publiée 110ème session CIT (2022)

Convention (n° 29) sur le travail forcé, 1930 - 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.

Article 2(2)(a) of the Convention. 1. Work exacted under compulsory military service laws. For many years, the Committee has been drawing the Government’s attention to the need to amend or repeal Act No. 16 of 27 August 1981 establishing compulsory military service, in order to ensure conformity with the Convention. Under section 1 of this Act, national service, instituted for the purpose of enabling every citizen to participate in the defence and construction of the nation, has two components: military service and civic service. The Committee recalled that the work exacted as part of compulsory national service for the purpose of the construction or development of the nation was not purely military in nature and was therefore contrary to Article 2(2)(a) of the Convention, according to which work exacted in virtue of compulsory military service laws is excluded from the scope of the Convention only when imposed for work of a purely military character. Noting that the Government has in the past stated its intention to repeal Act No. 16 of 27 August 1981 establishing compulsory military service, the Committee firmly hopes that it will be able to report on the measures taken with a view to repealing or amending the Act in such a manner as to limit the obligation to perform national service to military service only and, thus, to work of a purely military nature.

2. Work exacted under laws on guidance for youth. In its previous comments, the Committee noted that Act No. 31-80 of 16 December 1980 on guidance for youth had fallen into disuse and requested the Government to formally repeal it. Under this Act, the party and mass organizations were supposed to create, over time, all the conditions for establishing youth brigades and organizing youth workshops (determining the types of tasks performed, the number of persons involved, the duration and conditions of their participation etc.).

The Committee notes that Act No. 31-80 of 16 December 1980 on guidance for youth was replaced by Act No. 9-2000 of 31 July 2000 on guidance for youth. The latter Act contains no provisions relating to the training of youth brigades and the organization of youth workshops. The Committee notes, however, with regret that according to section 14, the State shall create the conditions for the participation and integration of young people in the socio-economic development of the country, including by the organization of compulsory national civic service. The Committee further notes that section 16 of the Act provides that every young person has an obligation to accomplish their national duty in an exemplary manner and be available for all calls of the Republic.

The Committee recalls that the exceptions to forced labour provided for under Article 2(2) of the Convention do not include compulsory national civic service. Furthermore, as indicated above, compulsory military service is excluded from the definition of forced labour only if the work exacted in this context is of a purely military nature. However, as Act No. 9-2000 highlights, national civic service forms part of young people’s participation in the socio-economic development of the country. The Committee therefore requests the Government to indicate whether compulsory national civic service has been introduced and to take the necessary measures to amend Act No. 9-2000 of 31 July 2000 on guidance for youth, in such a manner as to abolish the compulsory character of civic service. The Committee also requests the Government to indicate the specific nature of the “calls of the Republic” mentioned in section 16 of the aforementioned Act.

Article 2(2)(d). Requisitioning of persons to perform community work in instances other than emergencies. In its previous comments, the Committee highlighted that Act No. 24-60 of 11 May 1960 is not in conformity with the Convention, in that it allows the requisitioning of persons to perform community work in instances other than the emergencies provided for under Article 2(2)(d) of the Convention and that persons requisitioned who refuse to work are liable to imprisonment ranging from one month to one year. It noted the Government’s indications that: (i) Act No. 24-60 of 11 May 1960 has fallen into disuse and could be considered as repealed; (ii) community work, including tasks such as weeding and clean-up work, are carried out on a voluntary basis; and (iii) the voluntary nature of such work would be established in a forthcoming revision of the Labour Code. The Committee once again requests the Government to take the necessary measures to formally repeal Act No. 24-60 and to ensure that collective community work is carried out on a voluntary basis both in law and in practice.

The Committee is raising other matters in a request addressed directly to the Government.