Workmen's Compensation (Agriculture) Convention, 1921 (No. 12) - Democratic Republic of the Congo (Ratification: 1960)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comments: direct request (2013); direct request (2014); direct request (2014) and observation (2014).

In order to provide an overview of issues relating to the application of ratified social security Conventions, the Committee considers it appropriate to examine Conventions Nos 12, 102, 118 and 121 together.

The Committee notes the information provided in the Government’s report that it enacted several regulations on social security, including Law No. 16/009 of 15 July 2016, laying down the rules relating to the general social security scheme, and Ministerial Order No. 146/01 of 10 November 2018, laying down the procedures for affiliation and registration of workers and employers, collection of contributions and payment of benefits, as well as other implementing regulations. The Committee also notes that the process of drafting a new Social Security Code is underway.

Article 5 of the Convention No. 118. Payment of benefits abroad. The Committee observes that according to section 154 of the Ministerial Order No. 146/01 of 2018, beneficiaries of social security benefits residing abroad receive pensions in accordance with arrangements made under reciprocal agreements or international conventions. Furthermore, it observes that beneficiaries residing in countries that have not signed a reciprocity agreement must provide an attestation of life or another similar document issued by the diplomatic representation of the Democratic Republic of the Congo, as well as a special power of attorney if the beneficiary has not yet opened a social benefit account. In this context, the Committee requests the Government to provide information on (i) how beneficiaries receive benefits abroad (for example, through international bank transfers or similar schemes), regardless of whether they reside in countries which have signed a reciprocity agreement; and (ii) who is responsible for bearing the financial costs of such operations. Furthermore, the Committee requests the Government to provide information on the number of foreign and national workers receiving social security benefits abroad, indicating, if possible, in which countries and the type of benefits paid.

Article 2 of Convention No. 19. Articles 7, 8 and 9 of Convention No. 118. Multilateral or bilateral social security agreements. The Committee takes note of the Government’s information that, after the promulgation of the new Social Security Code, it will take all necessary measures to update reciprocal agreements or bilateral social security agreements and that all these texts will be communicated in due course. The Committee takes note of this information and, in the meantime, requests the Government to provide a copy of the reciprocal agreements or bilateral social security agreements that are currently in force.

Article 10 of Convention No. 118. Coverage of refugees and stateless persons. The Committee observes that according to the last reports of the United Nations High Commissioner for Refugees, as of March 2023, the Democratic Republic of the Congo has hosted 520,951 refugees and 2,478 asylum seekers, mainly from South Sudan, Burundi, the Central African Republic, Angola and Rwanda. In this context, the Committee requests the Government to provide information as to whether refugeesand stateless persons are treated on an equal basis with Congolese nationals concerning the provision of social security benefits, and to indicate the respective legal provisions in this regard.

Articles 28 and 30 of Convention No. 102. Part V. Level and duration of old-age pension. The Committee observes that according to section 96 of Law No. 16/009 of 15 July 2016, if the insured worker has received old-age pension relating to a period longer than the period of contributions made for this purpose, only the part corresponding to the period effectively contributed shall be considered in determining the level of benefits paid monthly. In this context, the Committee requests the Government to explain how section 96 of Law No. 16/009 affects the calculation of the level of old-age pensions and to confirm that, in this case, old-age pension is guaranteed throughout the entire contingency at the minimum levels established by the Convention.

Articles 44 and 66 of Convention No. 102. Part VII. Level of family benefits. The Committee observes that, according to section 3 of the Ministerial Decree No. 137 of 2018, the monthly amount of family allowances is set at 8,100 Congolese francs for each beneficiary child. Considering the above, the Committee requests the Government to explain the calculation of the total amount of family benefits following the requirements of Articles 44 (at least 3 per cent of the said wage multiplied by all children of persons protected, or 1,5 per cent of that wage, multiplied by the total number of children of all residents) and 66 of the Convention. Furthermore, the Committee requests the Government to provide information on the total number of children of all persons protected and of all residents (subparagraphs “a” and “b” of Article 44 of the Convention), together with the updated total value of benefits.

Articles 65 and 66 of Convention No. 102. Article 21 of Convention No. 121 Adjustment of social security benefits. The Committee takes note of the information provided by the Government that social security benefits are adjusted periodically based on a Decree issued by the Prime Minister. The Committee requests the Government to provide information: (i) on the frequency of the adjustment of social security benefits and how it follows substantial changes in the general level of earnings or the cost of living; and (ii) on the latest Decree issued by the Prime Minister in this regard.

Article 8 of Convention No. 121. List of occupational diseases. The Committee takes note of the Government’s indication that the Decree establishing the list of occupational diseases was adopted at the 33rd session of the National Labour Council, at the Council of Ministers and at the Government Law Commission, and that the text will be communicated in due course. The Committee takes due note of this information and requests the Government to provide a copy of the list of occupational diseases as soon as possible.

Article 72(2) of Convention No. 102and Article 25 of Convention No. 121. General responsibility for due provision of benefits. The Committee takes note that, according to section 8 of Law No. 16/009 of 2016, the management of the social security system will be carried out by a Public Institution, namely the National Social Security Fund (Caisse Nationale de Sécurité Sociale or CNSS), and that, according to sections 23 and 24, employers can be penalized, and measures of recovery and enforcement can be adopted if they fail to meet their obligations with the social security system. The Committee also takes note that section 26 determines a financial reserve for each branch of social security administrated by the National Social Security Fund. In this context, the Committee requests the Government to confirm that the National Social Security Fund (CNSS) guarantees the due provision of social security benefits through its financial reserves independently of the sanctions and penalties provided for by the legislation in force regarding recovery and enforcement.

Article 26 of Convention No.121. Measures of prevention and rehabilitation. In accordance with the report form for the Convention, the Committee requests the Government to provide information on: (i) the measures taken and the rehabilitation services provided to victims of employment injuries, and (ii) the number of accidents and occupational diseases, their frequency, and the severity of employment injuries.

Application of Conventions No. 12, 102 and 121 in practice. In light of the new regulations enacted in the field of social security, the Committee requests the Government to provide information on: (i) the updated number of workers insured by the social security system, indicating how many of them are agricultural workers; and (ii) the number of workers who currently receive social security benefits linked to accidents at work and occupational diseases, family benefits, old-age pension, disability pension and survivors’ pension.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Part V of the report form. Application of the Convention in practice. The Committee notes that the Government’s report reproduces the information provided in relation to the previous reporting period without providing information on the manner in which the national legislation respecting accidents is applied in practice. With reference to the comments that it has made under Convention No. 121 with regard to matters related to employment accident and occupational disease benefits, the Committee would be grateful if the Government would provide general information in its next report on the manner in which the legislation applicable to employment accidents is applied in agriculture (extracts from official reports, information on the number and nature of the violations reported, etc.), as well as any indication of any practical difficulties encountered in the application of the Convention.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Part V of the report form. Application of the Convention in practice. The Committee notes that the Government’s report reproduces the information provided in relation to the previous reporting period without providing information on the manner in which the national legislation respecting accidents is applied in practice. With reference to the comments that it has made under Convention No. 121 with regard to matters related to employment accident and occupational disease benefits, the Committee would be grateful if the Government would provide general information in its next report on the manner in which the legislation applicable to employment accidents is applied in agriculture (extracts from official reports, information on the number and nature of the violations reported, etc.), as well as any indication of any practical difficulties encountered in the application of the Convention.