Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

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

The Committee had noted in its previous observation the comments from the International Trade Union Confederation (ITUC) on the serious obstruction of trade union activities in certain administrations and enterprises, and the comments from the Confederation of Trade Unions of Congo (CSC) relating to the arrest of trade unionists and threats towards trade union delegates, particularly in public enterprises. In its report, received in June 2008, the Government states that the cases denounced by the CSC took place during a period in which lawlessness and impunity reigned. The Government gives its assurance that such occurrences would not happen again. The Committee takes note of this statement, but recalls that a Government cannot turn away from the responsibility that events under a previous Government might have incurred. The new Government is responsible for any repercussions these events might have and it should take all the necessary measures to counter the consequences of the actions committed under the previous Government or system. To the extent in which it is incumbent upon the public authorities to maintain a social climate in which law prevails, it is important that investigations should be carried out on the anti-trade union actions to ensure that those responsible for such actions should be brought before the courts and punished in accordance with the law. The Committee hopes that the Government will spare no efforts to launch the necessary investigations on the alleged cases of anti-trade union actions against workers’ organizations and their representatives.

The Committee notes the observations from the ITUC dated 29 August 2008 concerning cases of violation of the Convention in 2007, in particular arrests and acts of violence against strikers. The Government is requested to send comments in reply to the observations made by the ITUC.

Articles 2 and 5 of the Convention. In its previous comments, the Committee had noted that section 1 of the Labour Code excluded 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 had requested the Government to provide information on the trade union rights of these categories of state employees. The Committee had also noted 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). However, pending the amendment of these conditions of service, the Minister for the Public Service had issued Order No. CAB.MIN/F.P./105/94 of 13 January 1994 establishing provisional regulations respecting trade union activities within the public administration, amended by Order No. CAB.MIN/F.P./0174/96 of 13 September 1996. The Committee notes that, according to the Government’s report, the reform of the public administration is under way and that it will bring about a revision of the conditions of service of career members of the state public services. The Committee trusts that the reform of the public administration will allow, as soon as possible, all state employees to benefit from the guarantees provided under the Convention. It requests the Government to indicate any new developments in this respect, in particular the repeal of section 56 of Act No. 81‑003.

Article 3. The Committee had requested the Government to take the necessary measures to ensure that trade union elections were organized in various branches of activity and to provide specific information on the results of these elections. In its report, the Government undertakes to do the necessary in this respect and to communicate information on the organization of trade union elections and the election results in the commerce sector. The Committee notes this information and trusts that the Government’s next report will indicate progress in the organization of trade union elections in other branches of activity and contain the results of these elections.