Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

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

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee notes with interest the adoption of Decree No. 2025-34 of 26 February 2025 laying down the duties, composition, organization and functioning of the National Committee against Trafficking in Persons, in application of section 34 of Act No. 22-2019 of 17 June 2019 on combating trafficking in persons. It also notes that, after Congo joined Alliance 8.7, a road map was developed setting out a series of actions to be implemented over the 2023–25 period, including the development and implementation of a national plan to combat human trafficking, modern slavery and forced labour.

The Committee also notes that, in its concluding observations of 2024, the United Nations Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families noted with concern that the State party is a country of origin, destination and transit for trafficking in persons. It also noted with concern: (i) the scale of internal trafficking in persons; (ii) the lack of a specific policy to protect migrant workers from the risk of labour exploitation; and (iii) the scant information available on the number of investigations conducted, prosecutions brought and convictions secured for trafficking in persons, as well as on any prevention and protection mechanisms, including rehabilitation programmes, that have been put in place for victims (CMW/C/COG/CO/1). The Committee also notes that, in its concluding observations of 2025, the United Nations Committee on the Elimination of Discrimination against Women expressed similar concerns, indicating that it remained concerned by the lack of consistency in the detection and monitoring procedures, and by the inadequacy of the investigations led by law enforcement, which result in the arrest of victims of trafficking who have not been identified as such (CEDAW/C/COG/CO/8).

The Committee requests the Government to continue to take measures to prevent and combat trafficking in persons. It requests the Government to provide information in this regard, including on: (i) the activities of the National Committee against Trafficking in Persons, with a copy of the relevant annual report prepared by the chair of that Committee; (ii) the number of victims of trafficking identified and provided with protection and assistance services, and the nature of those services; and (iii) investigations led, prosecutions brought, and penalties imposed under Act No. 22-2019. The Committee also requests the Government to provide information on the measures taken to raise awareness among the public and relevant authorities concerning the identification of cases of trafficking in persons, and to indicate any progress made in developing and implementing a national plan to combat trafficking in persons.

Article 2(2)(a). Work exacted in virtue of compulsory military service laws. With reference to its previous comments, the Committee notes the lack of information from the Government on measures taken to amend Act No. 16 of 27 August 1981 establishing compulsory national service lasting two years, which may take the form of either military service or civic service, to enable all citizens to “participate in the defence and construction of the nation”. The Committee recalls that, for several years, it has been drawing the Government’s attention to the fact that work exacted as part of compulsory national service for the purpose of the construction or development of the nation is not purely military in nature. It therefore runs counter to Article 2(2)(a) of the Convention, according to which work exacted in virtue of compulsory military service laws does not constitute forced labour only if it is of a purely military character. Recalling also that the Government has in the past stated its intention to repeal the Act on compulsory national service as part of the revision of the Labour Code, the Committee notes the Government’s indication that the draft Labour Code has been finalized and should be submitted to the competent bodies shortly, for its final adoption.

The Committee firmly hopes that the Government will take the necessary measures to repeal or amend Act No. 16 of 27 August 1981, so as to limit the obligation to perform national service to military service only and, thus, to work of a purely military nature. The Committee requests the Government to indicate any progress made in this regard. In the meantime, it requests the Government to provide information on the number of citizens called to perform compulsory national service, specifying whether such service took the form of military service or civic service, and on the nature of the work attributed to them.

Article 2(2)(a) and (b). Work or service exacted in virtue of laws on guidance for youth. The Committee recalls that Act No. 9-2000 of 31 July 2000 on guidance for youth sets out in particular that: (i) 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 (section 14); (ii) every young person has an obligation to be available for all “calls of the Republic” (section 16); and (iii) the State shall establish partnership agreements to encourage young persons to participate in economic development (section 20).

The Committee notes the Government’s indication that the compulsory nature of civic service must be offset by the provisions of Act No. 17-2021 of 12 April 2021 establishing the Congo Youth Volunteer Corps. In this regard, the Committee notes that the mission of the Congo “Youth Volunteer Corps” is, inter alia, to promote volunteer work through mobilization for development and that, to this end, it is responsible for mobilizing for development and for supervising volunteers for the duration of their period of engagement by managing them to ensure that the Government’s development objectives are met (section 3). Under section 4, volunteering takes three forms: volunteer assignments, volunteer worksites and reciprocal international volunteering. Volunteer activities are unpaid, but volunteers are entitled to a subsistence allowance (section 10).

The Committee observes that while the Youth Volunteer Corps mobilizes young persons to participate in the socio-economic development of the country, participation is voluntary. Act No. 9-2000 nevertheless still provides that the mobilization of young persons may be carried out through compulsory national civic service. The Committee recalls, in this regard, that the exceptions to forced labour provided for under Article 2(2) of the Convention do not include compulsory national civic service. The Committee therefore requests the Government to take the necessary measures to abolish the compulsory character of the civic service provided for under section 14 of Act No. 9-2000. It also requests the Government to provide information on the functioning of the national civic service in practice, including the selection of participants, the length of service and the nature of the work carried out in this context, specifying the consequences of any refusal to take part. The Committee also once again requests the Government to indicate the specific nature of the “calls of the Republic” mentioned in section 16 of Act No. 9-2000.

Article 2(2)(d). Requisitioning of persons to perform community work in instances other than emergencies. The Committee notes the Government’s indication that the formal repeal of Act No. 24-60 of 11 May 1960 on requisitioning has not yet been announced. It recalls in this regard that for a number of years, it has drawn the Government’s attention to the fact 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. Persons requisitioned who refuse to work are also liable to imprisonment. The Committee firmly hopes that the Government will soon take the necessary measures to formally repeal Act No. 24-60 to ensure, in law and in practice, that collective community work is carried out on a voluntary basis or is strictly limited to the emergencies defined in the Convention.

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