Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Guarding of Machinery Convention, 1963 (No. 119) - Democratic Republic of the Congo (Ratification: 1967)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 2(2)–(4) of the Convention. Prohibition against the sale, hire, transfer in any other manner and exhibition of unguarded machinery. The Committee notes the information provided by the Government according to which a draft law has been prepared concerning the guarding of machinery and other mechanical devices and prohibiting the sale, hire, transfer in any other manner and exhibition of machinery not provided with appropriate protection of their dangerous parts. It notes that this law is to be submitted for examination during the next session of the Labour Council. The Committee asks the Government to ensure that the draft legislation gives effect to the Convention and requests it to transmit a copy thereof as soon as it has been adopted.

Article 3. Exemptions to the obligation to provide guards. Article 4. Responsibility for ensuring compliance. With reference to its previous comments, the Committee notes that the Government’s report does not provide an answer to the questions raised by the Committee. The Committee urges the Government to provide information on measures taken or envisaged to give effect, in law and in practice, to Articles 3 and 4 of the Convention.

Part V of the report form. Practical application of the Convention. The Committee requests the Government yet again to provide a general appreciation of the manner in which the Convention is applied in the country, including, for instance, extracts from official reports, such as labour inspection reports, and information on any practical difficulties in the application of the Convention, the number and nature of work accidents reported, as well as any other information allowing the Committee to assess more accurately how the Convention is applied in practice in the country.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.