Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

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

Articles 2 and 5 of the Convention. Right to organize in the public service. The Committee notes with interest the adoption of Act No. 16/013 of 15 July 2016 on the conditions of service of permanent public service employees. It notes that, under the terms of section 94, freedom of association is guaranteed for public service employees, and that they can freely establish and join trade union organizations and hold trade union office, and that such organizations may conduct legal proceedings. The Committee notes that, under section 93 of the Act, the exercise of the right to strike by public service employees can only be restricted under the conditions established by the law, in particular, so as to ensure the normal provision of “public services of vital interest, which cannot suffer any type of interruption”. A Decree of the Prime Minister adopted in the Cabinet (Conseil des ministres), on a joint proposal by the ministers responsible for the public service and human rights, establishes the list of services of vital interest, as well as the details of the minimum service in these services. The Committee requests the Government to provide a copy of the abovementioned Decree of the Prime Minister with its next report.

With regard to the trade union rights of judges, the Committee previously noted that, according to the Government, the freedom of association of judges is recognized under the provisional Order of 1996 and that judges’ trade unions exist. The Committee notes that Organic Act No. 06/020 of 10 October 2006 on the conditions of service of judges, to which the Government refers in its report, does not contain any provisions that address the concerns of the Committee. The Committee therefore requests the Government to indicate whether provisions are envisaged to explicitly ensure that judges enjoy the rights laid down in the Convention.

Article 3. Right of foreign workers to hold trade union office. In its previous comments, the Committee noted with regret that Act No. 16/010 of 15 July 2016 amending and supplementing Act No. 015-2002 on the Labour Code did not remove the provision requiring 20 years of residence in order to be eligible for appointment to administrative or executive positions in trade unions (new section 241). While noting the Government’s reference to the work of the National Labour Council, which requires the provision in question to be maintained so that foreign workers have a full understanding of national labour legislation and practices, the Committee observes that it has considered a period of three years to be reasonable in this respect but that a 20-year period for access to trade union office is excessive (see the 2012 General Survey on the fundamental Conventions, paragraph 103). Recalling that national legislation should allow foreign workers to take up trade union office, at least after a reasonable period of residence in the host country, the Committee urges the Government to take measures to amend section 241 of the Labour Code, as revised by the Act of July 2016, accordingly.

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