Magistrates, law enforcement officers, Administrators, Mayors, Prefects and
Deputy Prefects, Secretaries General of Territorial Communities, and members
of the national Electoral commission cannot present candidatures for any
electoral constituency during their term of office.
It is noteworthy that all disputes regarding preparatory acts and local elections
are under the purview of the departmental court, ruling on administrative
matters whereas disputes relating to Presidential and National Assembly
elections fall under the purview of the Constitutional Judge.
2) Economic and Socio-cultural rights.
a) The right to work and security (article 15 of the ACHPR)
As set forth in articles 21, 26 and 28 of the 20 January 2002 Constitution, this
requirement is as follows: « The State recognises the right to work for all
citizens which give effect to the enjoyment of this right. (article 24) ».
« All individuals shall be entitled to rest and leisure, namely the limitation of the
duration of the work day and periodic leave as well as remuneration for holidays
under the conditions laid down by the law.(article 28) ».
The Charter on Rights and Liberties stipulates that : « All individuals shall be
entitled to work under satisfactory conditions, to professional training and
protection against unemployment. All individuals shall be entitled without any
discrimination whatsoever, to equal and satisfactory pay for equal work. All
workers shall be entitled to equitable and satisfactory pay ensuring for his family
and himself, an existence commensurate with his human dignity, supplemented,
should the need arise, by other means of social protection. >>
Some legal instruments such as Law n° 6/96 dated 6th March 1996 amending
and supplementing some provisions of law 45/75 dated 15th March 1975,
pertaining to the Labour Code of the Peoples’ Republic of Congo make
provisions for some work-related aspects. Thus the revised article 4 stipulates
that: « Forced or compulsory labour shall be totally prohibited … ». Other
articles of the said law protect the rights of individuals in the area of labour
unconditionally.
The Republic of Congo ratified the Covenant on economic, social and cultural
rights in 1983.
Article 6 of the Covenant reads : «State Parties to the present Charter
recognise the right to work which includes the right of the individual to have the
possibility to make a living through a freely chosen or accepted job, and shall
take all appropriate measures to safeguard this right. ».
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