Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

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

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

The Committee had noted the comments made by the World Confederation of Labour (WCL) and the Confederation of Trade Unions of Congo (CSC), on the application of the Convention.

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.

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