Effect given to the recommendations of the committee and the Governing Body - Report No 311, November 1998

Case No 1850 (Congo) - Complaint date: 18-AUG-95 - Closed

Effect given to the recommendations of the Committee and the Governing Body

1. 35. The Committee examined this case at its June 1996 meeting (see 304th Report, paras. 199 to 220), June 1997 meeting (see 307th Report, paras. 102 to 122) and June 1998 meeting (see 310th Report, para. 14). The Committee had requested the Government, with respect to the breaking up of a trade union meeting at the Pointe Noire labour exchange on 30 September by a detachment of the national police, resulting in many people being wounded, including Mr. Ngakoya, an employee of the national railways, to keep it informed of the findings of the inquiry and of the measures taken to punish those who are responsible for these reprehensible acts. In relation to the expulsion from Pointe Noire of the president of the Trade Union Confederation of Workers of Congo (CSTC) by the Public Prosecutor and the ban on his returning, the Committee asked the Government to annul this decision; on the subject of the expulsion of the CSTC from its premises, the Committee requested the Government to help, as far as possible, the CSTC to obtain new premises; in relation to protest strikes against the non-payment of salaries by the Government, the Committee called on the Government to revoke all anti-union reprisals that may have been directed against the strikers, and in particular dismissals and blacklisting. In addition, the Committee requested the Government to transmit a copy of the Bill relating to the right to strike in the public service before its adoption.
2. 36. In a communication dated 12 October 1998, the Government indicates that the serious administrative and institutional disruptions which occurred in the country following the recent situation of war prevented it from conducting a thorough and objective inquiry into the events which took place more than five years ago concerning the violent breaking up of a trade union meeting at the Pointe Noire labour exchange in September 1993. While taking note of this information as well as the Government's statement that it is committed to the principles of freedom of association and that it will do its utmost to prevent such events in the future, the Committee insists once again on the need for an in-depth and independent inquiry in such circumstances. In addition, concerning the expulsion and the ban on his returning from Pointe Noire of the president of the CSTC, the Government indicates that the president of the CSTC has appealed against the decision of the Public Prosecutor. The Government explains that it did not feel bound by the decision of the Public Prosecutor and that it had authorized the president of the CSTC to return and stay in Pointe Noire and that the president of the CSTC had since resumed his trade union activities there. While noting this information with interest, the Committee requests the Government to send it a copy of the decision of the appeal body concerning the recourse against the decision of the Public Prosecutor.
3. 37. Concerning the premises requested by the CSTC, the Government recalls that the recent war destroyed most of the infrastructure in Brazzaville but that it is nevertheless ready to examine any proposition which might be submitted by the CSTC in this respect. Insisting once again on the importance of an adequate protection for trade union assets and that, in this respect, the CSTC should be able to obtain premises for its trade union activities, the Committee asks the Government to keep it informed of any developments in this regard.
4. 38. The Committee notes the information from the Government according to which the Bill on the right to strike was shelved following the recent political changes in the country. Finally, the Committee request the Government to keep it informed of the measures taken to revoke all anti-union reprisals (including dismissals and blacklisting) that may have been directed against the strikers who participated in the protest strikes against the non-payment of salaries in 1995.