Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

Protection of Wages Convention, 1949 (No. 95) - Congo (Ratification: 1960)

1. The Committee notes that the Governing Body adopted at its 265th Session (March 1996) the report of the committee set up to examine the representation made by the International Organization of Energy and Mines (OIEM), under article 24 of the ILO Constitution, alleging non-observance by Congo of Convention No. 95. The above-mentioned Committee noted the measures taken by the Government, particularly the financial assistance granted to the former workers of the Ogoué Mining Company (COMILOG) and their families, and concluded that the Government had not ensured the effective application of the relevant provisions of the Convention. It also noted the Government's willingness to assist the workers in bringing the case before the courts by appointing a senior official to follow up the case so that the workers may recover their rights and obtain compensation for the injury they have suffered.

In view of the recommendations in the above-mentioned report, the Government is requested to take all appropriate steps to ensure the effective application of the provisions of the national legislation which give effect to Articles 8, paragraph 1, and 12, paragraph 1, of the Convention, in particular: (i) by adopting measures which will enable the former workers of COMILOG to recover promptly all the amounts due to them; (ii) by applying, where appropriate, relevant sanctions under Article 15(c) of the Convention. The Government is also asked to supply detailed information in its reports on the application of the Convention on the measures taken to settle the matter of the payment of the sums due to the former workers of COMILOG and on the results obtained by the application of such measures. The reports should include information on the number of workers concerned, the amounts still outstanding and the administrative or judicial decisions concerning the application of the provisions giving effect to the Convention.

The Committee asks the Government to provide the information requested by the Governing Body.

2. The Committee notes the decision taken by the Governing Body at its 265th Session (March 1996), to set up a tripartite Committee to examine the representation submitted by the Trade Union Confederation of Congo Workers (CSTC), under article 24 of the ILO Constitution, alleging non-observance by Congo of Convention No. 95.

[The Government is asked to report in detail in 1997.]