1976), and as a as a means of levying taxes (sections 18 to 21 of Legislative Ordinance No. 71/087 of 14 September 1971 on
minimum personal contributions). The Committee is also concerned that the obligatory civic work programme known as Salongo is
still widely practiced. (article 6)
The Committee refers the State party to its general comment No. 18 (2005) on the right to work and urges it to repeal
legislation which is not in line with the provisions of article 6 of the Covenant and to immediately put an end to the
obligatory civic work programme.
22. The Committee expresses concern at the insufficient measures taken by the State party to address the situation of thousands of
artisanal miners who work in harsh conditions, without employment contracts, protection, adequate clothing, equipment or training
provided to them by trading companies. The Committee is also concerned that whereas neither the Government nor the trading
companies which directly benefit from the work of artisanal miners accept responsibility for their lives and welfare, large sums of
money are extorted from artisanal miners by the authorities, customs and police forces, as well as by the associations which are
supposed to protect their interests. The Committee further notes with concern that the labour inspectorate is under-resourced, subject
to external influence and therefore unable to exercise effective control over miners’ working conditions (article 7).
The Committee calls upon the State party to continue to revise mining contracts and to adopt a clear strategy, with the
participation of trading companies, to prevent accidents in mines. The State party should also ensure that trading
companies provide miners with an employment contract and fulfil their obligations with regard to safety and health in the
workplace as defined in the Labour Code. The Committee urges the State party to strengthen its labour inspectorate, lift
the ban on inspection visits in force since 1994 and ensure that independent investigations into all reported cases of
deaths and injuries in mines and into cases of extortion of money from the miners are duly sanctioned. It also
recommends the State party to consider ratifying ILO Convention No. 155 (1981) on Occupational Safety and Health
and the Working Environment and its accompanying protocol, as well as Convention No. 176 (1995) on Safety and
Health in Mines.
23. The Committee expresses concern about the numerous cases of harassment, arrest and detention of trade union officials, the
obstruction of trade union activities in certain enterprises and the creation of sham unions in the private sector, in particular the natural
resources industry, to discourage the creation of genuine unions.
The Committee urges that anti-trade union actions be duly investigated and that those responsible for such actions be
brought before the courts and punished in accordance with the law. The Committee also calls upon the State party to
take appropriate measures to ensure freedom to form and join trade unions, prevent interference in the management and
operation of trade unions and remove restrictions to the right to establish unions in the civil service and in decentralized
administrations.The Committee affirms that the rights of workers as provided for under article 8 of the Covenant can
only be exercised in a climate free from violence, pressure or threats of any kind. (article 8)
24. The Committee notes with concern that although the State party recognizes the malfunctioning and extremely limited coverage of
the social security system, insufficient measures have been taken to address the situation, as reflected in the very slow process of
adoption of a social security code and the lack of concrete measures taken to provide protection and assistance to the most
disadvantaged and marginalized groups. (article 9)
The Committee, while recognizing the difficulties of the State party, considers that budgetary constraints should not be
invoked as the only justification for the lack of progress towards the establishment of a social security system. The
Committee urges the State party to speed up the process of adoption of a social security code and the establishment of a
sustainable social security system. The Committee also calls upon the State party to take all necessary measures to
provide social assistance to those who are presently without any protection, with a view to enabling persons and families
inneed, including informal sector workers and the most disadvantaged and marginalized individuals and families, to live
life in dignity.
25. The Committee is gravely concerned about the high levels of sexual violence and atrocities, including ethnically
motivated rapes committed collectively and publicly by all armed groups including by the Congolese Army (FARDC) and
the National Congolese Police (PNC), in violation of international human rights and humanitarian law. The Committee
regrets that the two laws on sexual violence adopted in 2006 have so far been ineffectively implemented and that
perpetrators continue to enjoy impunity. The Committee is alarmed that men accused of rape are often granted bail or
released as a result of out-of-court settlements or corrupt practices, while survivors of sexual violence end up rejected
by their families, without health care, socio-economic reintegration support or compensation being provided to them by