Interim Report - Report No 367, March 2013

Case No 2925 (Democratic Republic of the Congo) - Complaint date: 19-JAN-12 - Follow-up

Allegations: The complainant alleges acts of anti-union discrimination against members of the CCT/Land Affairs committee by the Secretary-General for Land Affairs

1. 1127. The complaint is contained in a communication dated 19 January 2012.
2. 1128. Since there has been no reply from the Government, the Committee has been obliged to postpone its examination of the case twice. At its November 2012 meeting [see 365th Report, para. 5], the Committee made an urgent appeal to the Government indicating that, in accordance with the procedural rules set out in paragraph 17 of its 127th Report, approved by the Governing Body, it could present a report on the substance of the case at its next meeting, even if the requested information or observations had not been received in time. To date, the Government has not sent any information.
3. 1129. The Democratic Republic of the Congo has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), and the Workers’ Representatives Convention, 1971 (No. 135).

A. The complainant’s allegations

1. 1130. In a communication dated 19 January 2012, the Congolese Labour Confederation (CCT) alleges harassment and intimidation of members of the CCT/Land Affairs by the Secretary General for Land Affairs and his associates.
2. 1131. The complainant alleges that members of the CCT/Land Affairs union committee (Mr Ruphin Kisenda, Mr Léon Bakaka, Mr Zacharie Lukabya, Mr Benjamin Milabyo and Mr Justin Lohekele) have been subjected to harassment for having complained about poor management at the administrative department in question. Four trade union members are also alleged to have been notified by the Department of Land Affairs that their pay would be stopped for the months of April to June 2011 on grounds of “desertion”. The complainant claims that this stoppage of payment is a punishment for legitimate trade union activities. The trade union members in question, despite their status as civil servants, are also alleged to have been deprived of all means of support and social benefits.
3. 1132. The complainant also alleges interference in the internal affairs of the Free Trade Union of the Congo by the Secretary-General for Land Affairs to persuade its leadership to suspend the trade union immunity of the above officials so that disciplinary measures could be taken against them.
4. 1133. The complainant states that it has complained to the competent authorities of anti-union practices by the Secretary-General for Land Affairs and poor management of his department but there has been no follow-up apart from an audit, which had little effect.

B. The Committee’s conclusions

1. 1134. The Committee regrets that, despite the time that has elapsed since the presentation of the complaint, the Government has not replied to the complainant’s allegations even though it has been invited on a number of occasions, including through an urgent appeal, to present its comments and observations on this case. Furthermore, the Committee notes with deep concern that this is the sixth successive case since 2009 for which the Government has failed to provide any information in reply to the allegations presented by the complainants. The Committee firmly urges the Government to be more cooperative in future.
2. 1135. Hence, in accordance with the applicable procedural rules [see 127th Report, para. 17, approved by the Governing Body at its 184th Session (1971)], the Committee is obliged to present a report on the substance of the case without being able to take account of the information it had hoped to receive from the Government.
3. 1136. The Committee reminds the Government that the purpose of the whole procedure established by the International Labour Organization for the examination of allegations of violations of freedom of association is to ensure respect for this freedom in law and in practice. The Committee remains confident that, if the procedure protects governments from unreasonable accusations, governments on their side will recognize the importance of formulating, for objective examination, detailed replies concerning allegations made against them [see First Report of the Committee, para. 31].
4. 1137. The Committee notes that this case concerns the harassment of members of the CCT/Land Affairs, including stoppages of pay and social benefits, by the Secretary General for Buildings, and also interference by the Secretary-General in the internal affairs of a union so that disciplinary measures could be taken against union members.
5. 1138. The Committee takes note with concern of the alleged harassment of members of the CCT/Land Affairs union committee (Mr Ruphin Kisenda, Mr Léon Bakaka, Mr Zacharie Lukabya, Mr Benjamin Milabyo and Mr Justin Lohekele) for having complained of poor management at the administrative department in question. Furthermore, the pay of four union members is alleged to have been stopped from April to June 2011 on the grounds of “desertion”, which the CCT alleges was a punishment for legitimate trade union activity. The trade union members in question, despite their status as civil servants, are also alleged to have been deprived of any means of support or social benefits. The Committee further notes the alleged interference in the internal affairs of the Free Trade Union of the Congo by the Secretary-General for Land Affairs to persuade its leadership to suspend the immunity of union members so that disciplinary measures could be taken against them. Lastly, the Committee takes note of the statement that complaints have been made to the competent authorities concerning anti-union practices by the Secretary-General for Land Affairs but that there has been no follow-up.
6. 1139. The Committee recalls that one of the fundamental principles of freedom of association is that workers should enjoy adequate protection against all acts of anti-union discrimination in respect of their employment, such as dismissal, demotion, transfer or other prejudicial measures. This protection is particularly desirable in the case of trade union officials because, in order to be able to perform their trade union duties in full independence, they should have a guarantee that they will not be prejudiced on account of the mandate which they hold from their trade unions. The Committee further recalls that the Government is responsible for preventing all acts of anti-union discrimination and it must ensure that complaints of anti-union discrimination are examined in the framework of national procedures which should be prompt, impartial and considered as such by the parties concerned [see Digest of decisions and principles of the Freedom of Association Committee, fifth (revised) edition, 2006, paras 799 and 817]. The Committee expresses its concern at the time that has elapsed since the alleged events occurred. It recalls that cases concerning anti-union discrimination should be examined rapidly, so that the necessary remedies can be really effective and considers that an excessive delay in processing such cases constitutes a serious attack on the trade union rights of those concerned.
7. 1140. Consequently, the Committee urges the Government to carry out an investigation without delay into the allegations of anti-union harassment and stoppage of pay of members of the CCT/Land Affairs union committee, namely Mr Ruphin Kisenda, Mr Léon Bakaka, Mr Zacharie Lukabya, Mr Benjamin Milabyo and Mr Justin Lohekele, and to provide detailed information on their current employment status and the situation of the CCT/Land Affairs within the administrative department in question.

The Committee’s recommendations

1. 1141. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee regrets that, despite the time that has elapsed since the presentation of the complaint, the Government has not replied to the complainant’s allegations, even though it has been requested several times, including through an urgent appeal, to present its comments and observations on this case. The Committee notes with deep concern that this is the sixth successive case since 2009 for which the Government has failed to provide any information in reply to the allegations presented by the complainants. The Committee firmly urges the Government to be more cooperative in future.
   • (b) The Committee urges the Government to carry out an investigation without delay into the allegations of anti-union harassment and stoppage of pay of members of the CCT/Land Affairs union committee, namely Mr Ruphin Kisenda, Mr Léon Bakaka, Mr Zacharie Lukabya, Mr Benjamin Milabyo and Mr Justin Lohekele, and to provide detailed information on their current employment status and the situation of the CCT/Land Affairs within the administrative department in question.