Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

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 notes the observations from the International Trade Union Confederation (ITUC) concerning cases of violation of the Convention. 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 had noted that, according to the Government, the reform of the public administration was 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. The Committee requests the Government to indicate any progress in the organization of trade union elections in other branches of activity and contain the results of these elections.

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