Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Democratic Republic of the Congo (Ratification: 1969)

The Committee notes the Government’s report and the replies to some of the comments of the Trade Union Confederation of the Congo (CSC) and the World Confederation of Labour (WCL). It also notes the comments of 10 and 31 August 2006 by the International Confederation of Free Trade Unions (ICFTU).

1. Comments of the CSC, the WCL and the ICFTU. The Committee notes with regret that the Government has still not answered the comments of the ICFTU, or all the comments of the CSC and the WCL of 23 August 2005 concerning: (1) acts of discrimination in private enterprises (including threats of dismissal to union members despite the fact that section 234 of the Labour Code prohibit acts of anti-union discrimination); (2) the existence of many unions established and financed by employers; and (3) failure to comply with collective agreements. The Committee requests the Government once again to hold an independent inquiry into these allegations and to keep the Committee informed.

2. Article 2 of the Convention. Protection against acts of interference. The Committee notes that, according to the Government, the National Labour Council has not yet adopted the draft order prohibiting acts of interference. The Committee points out that, although section 235 of the new Labour Code prohibits all acts of interference by organizations of employers and workers in each others’ affairs, section 236 provides that acts of interference must be defined more closely. The Committee once again requests the Government to send a copy of the abovementioned order as soon as its is adopted.

3. Article 6. Collective bargaining in the public sector. The Committee noted previously that section 1 of the Labour Code expressly excludes from the Code career members of state public services who are governed by the general conditions of service (Act No. 81-003 of 17 July 1981 issuing the conditions of service of career members of state public services) and career employees and officials of state public services who are governed by specific conditions of service. In its comments of 31 May 2004, the CSC reported that measures were under way to establish mechanisms for the promotion of collective bargaining in the public sector. The Committee takes note of the Government’s reply concerning the right of public employees not engaged in the administration of the State to collective bargaining, in particular: (1) the agreement of 11 September 1999 on basic wages concluded by the Government and the public administration unions at a joint committee meeting; (2) the “social contract for innovation” of 12 February 2004 concluded by the Government and the public administration unions; and (3) the agreement concluded by the Government and the public administration unions following a strike by SYECO and SYNECAT in 2005. The Committee infers from the above that, in practice, there are wage negotiations and agreements in the public sector, and notes that Act No. 81-003 of 17 July 1981 expressly provides for the creation of institutions ensuring the representation of personnel. The Committee points out that any collective bargaining should be able to cover all working conditions and, in view of the ICFTU’s most recent comments in which the organization alleges that the Government establishes wages by decree and disregards negotiated agreements, the Committee invites the Government to take steps to ensure that the legislation regulates this right for public servants not engaged in the administration of the State, established in Articles 4 and 6 of the Convention.