Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Democratic Republic of the Congo (Ratification: 2001)

The Committee notes the information contained in the Government’s report. However, it notes that this report does not provide the observations requested by the Committee on the comments made by the Conscience of Workers and Farmers of the Congo (CTP), dated 10 July 2003, and the World Confederation of Labour (WCL), of 29 August 2003. The Committee also notes the comments on the application of the Convention made by the Confederation of Trade Unions of Congo (CSC), an affiliate of the WCL, dated 31 May 2004.

The Committee notes that the comments made by the CTP concern Convention No. 98. It will examine them on the occasion of its regular examination of Convention No. 98.

In its comments, the WCL indicates that the Government has unilaterally suspended trade union elections in enterprises and establishments of all types in the Democratic Republic of the Congo.

The Committee recalls in this respect that the autonomy of organizations can be effectively guaranteed only if their members have the right to elect their representatives in full freedom. The public authorities should therefore refrain from any interference which might restrict the exercise of this right, whether as regards the holding of trade union elections, conditions of eligibility or the re-election or removal of representatives (see General Survey on freedom of association and collective bargaining, 1994, paragraph 112). The Committee therefore requests the Government to reinstate trade union elections as soon as possible in enterprises and establishments of all types in the Democratic Republic of the Congo and to keep it informed of the measures adopted in this respect.

In its comments, the CSC indicates that flagrant violations of Convention No. 87 occur day after day, and take the form of the arrest of trade unionists and threats by the public authorities upon trade union delegates, particularly in public enterprises. The CSC refers in this respect to two cases of arrest and detention. The Committee recalls that the arrest and detention, even for short periods, of trade union leaders and members engaged in their legitimate trade union activities, without any charges being brought and without a warrant, constitute a grave violation of the principle of freedom of association (see General Survey, op. cit., paragraph 31). The Committee requests the Government to ensure that an investigation is opened into the matters raised by the CSC regarding the cases of arrest and detention and to keep it informed in this respect.

The Committee is also addressing a request directly to the Government on certain other matters.