Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Workers' Representatives Convention, 1971 (No. 135) - Democratic Republic of the Congo (Ratification: 2001)

The Committee requests the Government to provide its comments on the observation on the application of the Convention presented by the Congolese Trade Union Confederation (CTUC) in August 2014, concerning anti-union dismissals against trade union representatives.

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

In view of the numerous cases before the Committee on Freedom of Association mainly concerning acts of anti-union discrimination against union leaders and representatives, the Committee is bound to urge the Government to take all the necessary measures (for example, by giving specific instructions to the labour inspectorate) to guarantee in practice the full application of the provisions of the Convention, including those concerning the protection of workers’ representatives and the facilities to be afforded to them for the performance of their functions.

Finally, the Committee requests the Government to send copies of the following texts:

• – Ministerial Order No. 36/95 of 21 June 1995 concerning the procedures for the dismissal and transfer of trade union delegates.
• – Ministerial Order No. 12/CAB.MIN/ETPS/041/08 of 8 August 2008 respecting judicial remedies against decisions by the labour inspectorate in cases of the dismissal or transfer of a titular or a deputy trade union delegate.