Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Congo (Ratification: 1960)

The Committee notes the information provided by the Government in response to the allegations of the International Trade Union Confederation (ITUC) of 2014 concerning the situation of Mr Dominique Ntsienkoulou, a member of the Dialogue Group for the Redevelopment of the Teaching Profession (CRPE), in particular the certificate of attendance attesting to Mr Ntsienkoulou’s presence in his workstation, dated 5 October 2016.

The Committee also notes the draft Bill issuing the Labour Code provided by the Government with its report, as well as the information that the Government has started the process with the ILO Kinshasa office to request an expert opinion in order to ensure the conformity of the provisions of the draft Bill with labour standards.

Article 3 of the Convention. Right of workers’ organizations to organize their activities in full freedom and to formulate their programmes. The Committee welcomes the fact that section 536 of the draft Bill amends the provisions of section 248-15 of the current Labour Code, in that it specifies that the minimum service to be maintained in the public service in the case of a strike is henceforth limited to “operations strictly necessary for safeguarding public interest and fulfilling the community’s essential needs.” However, the Committee notes that the above section of the draft Bill provides that the minimum service is organized by the employer after “consultation” with the trade union delegates, whereas pursuant to Article 3 there must be “negotiation” of a minimum service.

The Committee also notes with regret that section 532 of the draft Bill does not reflect the recommendation the Committee has been making for many years, because the reference to the occupation of premises during a strike continues to be included in the list of acts constituting serious misconduct. The Committee recalls that the occupation of premises, in the event of a strike, should only be deemed as constituting serious misconduct in cases where the action loses its peaceful nature, or in the event of failure to respect the freedom to work of non-strikers, or the right of the enterprise management to enter the premises. In addition, the Committee notes that the participation in an unlawful strike is still qualified as serious misconduct under section 532 of the draft bill and remains liable to criminal penalties under section 533. The Committee emphasizes once again that criminal penalties must not be imposed on workers simply because they have gone on strike, and that such penalties may only be considered if, at the time of the strike, violence against people or property or other serious offences under criminal law are committed, pursuant to the legislative provisions that punish such actions, particularly the Penal Code.

The Committee requests the Government to ensure that the Code, once adopted, is in full conformity with the Convention, particularly by amending the above-mentioned provisions as indicated. The Committee firmly urges the Government to continue to avail itself of the technical assistance of the Office to this end.