Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

In its previous comments, the Committee requested the Government to send its observations in response to comments made between 2007 and 2011 by the International Trade Union Confederation (ITUC) and the Confederation of Trade Unions of Congo (CSC), reporting acts of anti-union discrimination and interference, the dismissal of many trade unionists and the refusal of employers to give effect to court orders for their reinstatement and rehabilitation. The Committee notes that the abovementioned allegations are under examination by the Committee on Freedom of Association, and that an ILO assistance mission visited the country in July 2013 in this connection.

Article 2 of the Convention. Protection against acts of interference. The Committee pointed out previously that although section 235 of the 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 precisely in an order. The Committee requested the Government to indicate any new developments regarding the adoption of such an order. Noting the information that the order defining acts of interference has not as yet been adopted, the Committee urges the Government to take the necessary measures to this end promptly and hopes that in its next report, the Government will indicate that concrete progress has been made in this regard, in particular that the acts specified in Article 2 of the Convention will be included in the definition.

Article 6. Collective bargaining in the public sector. In its previous comments, the Committee took note of various agreements concluded by the administration and the unions representing public employees not engaged in the administration of the State. It concluded that, in practice, wage bargaining and agreements exist in the public sector. However, having noted that section 1 of the Labour Code expressly excludes from the Code permanent officials of the state public services governed by the general conditions of service and permanent employees and officials of state public services governed by specific conditions of service, the Committee requested the Government to take steps to ensure that the national legislation clearly guarantees the right to collective bargaining of all public servants not engaged in the administration of the State, as provided in Articles 4 and 6 of the Convention. The Committee notes that the Government merely repeats that there are mechanisms for collective bargaining between public sector unions and the administration, such as the joint committee. The Committee is bound to repeat its request to the Government to establish expressly in the national legislation, for example as part of the public administration reform under way, the right to collective bargaining of all public servants not engaged in the administration of the State. Meanwhile, it requests the Government to provide information on all negotiations held in the joint committee.

The Committee is raising other matters in a request addressed directly to the Government.