Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

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 notes the comments from the International Trade Union Confederation (ITUC) dated 28 August and 4 September 2007 concerning, in particular, the obstruction of trade union activities in certain administrations and enterprises (ban on holding meetings, ban on access to installations, etc.) and repeating the allegations made by the International Confederation of Free Trade Unions (ICFTU, now ITUC) in 2006 concerning cases of abduction, torture, threats, intimidation and harassment against trade union leaders. In its previous comments, the Committee noted the allegations made by the Confederation of Trade Unions of Congo (CSC) also relating to the arrest of trade unionists and threats by the public authorities towards trade union delegates, particularly in public enterprises. The Committee recalls that a climate of violence in which the murder and disappearance of trade union leaders go unpunished constitutes a serious obstacle to the exercise of trade union rights and that such acts require that severe measures be taken by the authorities. 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 of 1994 on freedom of association and collective bargaining, paragraphs 29 and 31).

Noting the seriousness of the allegations, the Committee trusts that the Government will give its full attention to the comments made by the ITUC and the ICFTU and urges it to send its observations on the matters raised. The Committee recalls that in its previous comments it emphasized the need to launch an investigation into the matters raised by the CSC in relation to the cases of arrest and detention.

Articles 2 and 5 of the Convention. In its previous comments, the Committee noted that section 1 of the Labour Code excludes from its scope of application magistrates, career officials in the state public services governed by the general conditions of service, and career employees and officials of the state public services governed by specific conditions of service. The Committee requested the Government to provide information on the laws and regulations governing magistrates and career employees and officials of the state public services governed by specific conditions of service so as to ascertain their rights relating to the establishment of organizations. It also asked the Government to provide information on the right to establish organizations of career employees in the state public services governed by the general conditions of service. The Committee recalls the Government’s indication that, by virtue of section 56 of Act No. 81‑003 of 17 July 1981 issuing the conditions of service of career members of the state public services, public officials and employees were affiliated automatically to the then Union of Workers of Zaire (UNTZA). Pending the amendment of these conditions of service, the Minister for the Public Service issued Order No. CAB.MIN/F.P./105/94 of 13 January 1994 issuing provisional regulations respecting trade union activities within the public administration. This Order was amended by Order No. CAB.MIN/F.P./0174/96 of 13 September 1996. The Committee once again requests the Government to supply copies of the Orders concerned and take the necessary steps to repeal section 56 of Act No. 81-003 and to ensure the conformity of the legislation with the provisions of the Convention.

Article 3. In its previous comments, the Committee requested 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. The Committee noted that in April 2004 the Government organized an extraordinary session of the National Labour Council during which a recommendation was formulated calling for an order to be issued lifting the suspension of trade union elections, and that the Council adopted a number of texts, including one establishing the electoral schedule (Ministerial Order No. 12/CAB.MIN/TPS/055 of 12 October 2004). On the basis of this Order, trade union elections were held throughout the country between 1 February and 30 April 2005 and, in view of the high number of enterprises and establishments which did not organize elections, this period was extended until 31 July 2005. The results of the trade union elections were announced on 22 November 2005. However, the Committee noted that, according to the ICFTU, exemptions were granted to certain private communication enterprises, which therefore refused to organize elections. The Committee requests the Government to take steps to ensure that trade union elections are organized in the near future in the sectors referred to by the ICFTU or, if elections have been held, to provide specific information regarding the election results.