Allegations: The complainant organizations allege Government interference in
trade union elections in the public administration, intimidation, and the suspension and
detention of union officials at the instigation of the Ministry of Public
Service
- 429. The Committee last examined this case, which was brought by several
public administration trade unions, at its meeting in June 2022 and, on that occasion,
presented another interim report to the Governing Body [see 399th Report, approved by
the Governing Body at its 345th Session (June 2022), paras 261–269].
- 430. The Committee has been obliged to postpone its examination of this
case twice, in the absence of a reply from the Government. At its meeting in March 2023
[see 401st Report, para. 6], the Committee expressed regret at the continued lack of
cooperation and launched another urgent appeal to the Government, indicating that it
would present a report on the substance of the matter at its next meeting even if the
information or observations requested had not been received in due time. To date, the
Government has not sent the requested information.
- 431. 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. Previous examination of the case
A. Previous examination of the case- 432. When it last examined the case, in June 2022, the Committee made the
following recommendations [see 399th Report, para 269]:
- The Committee deplores
that, despite the time that has elapsed since the presentation of the complaint,
which concerns events that date back a decade, the Government has still not provided
a response to the Committee’s recommendations. The Committee urges the Government to
demonstrate greater cooperation in the future. The Committee further urges the
complainant organizations to provide all relevant information concerning the status
of the numerous issues raised in this case.
- The Committee trusts that the
Government will take the necessary steps without delay to review the contested 2013
decrees of the Ministry of Public Service in consultation with the relevant workers’
organizations.
- The Committee once again strongly urges the Government to
undertake, without delay, consultations with all the representative workers’
organizations concerned, including the national inter-union body for the public
sector (INSP) and the Independent Trade Unions of the Public Administration (SIAP),
on ways of representing workers’ interests in collective bargaining in the public
administration. The Committee requests the Government to keep it informed in this
regard.
- The Committee urges the Government to provide the founding document
of the national public administration inter-union association (INAP) and the
handover document between the former inter-union association (INSP) and the INAP and
to report its observations on the matter.
- The Committee trusts that the
Government will issue immediate instructions so that trade union members who are
exercising their rightful trade union duties in public administration cannot be
subjected to prejudice in the workplace and so that those responsible for these acts
are punished. Furthermore, the Committee once again urges the Government to conduct
investigations on the mentioned disciplinary action cases against trade union
leaders in order to determine if they were punished for lawfully exercising their
trade union activities and, if appropriate, to award compensation that sufficiently
discourages further disciplinary action.
- Noting that Mr Muhimanyi and Mr
Endole Yalele filed complaints before the appeals court for the violation of the
legal time limit for concluding a disciplinary case, the Committee urges the
Government to keep it informed of the result of these complaints.
- The
Committee once again urges the Government to conduct without delay an investigation
into the circumstances behind the arrest and detention of trade union leaders in
July 2013 and November 2014 and to keep it informed of the findings and follow-up
action.
- The Committee urges the Government to inform it of the follow-up
given to the administrative and judicial appeals brought by the
complainants.
- Firmly recalling that trade union leaders should not be
subject to retaliatory measures, and in particular arrest and detention, for having
exercised their rights which derive from the ratification of ILO instruments on
freedom of association, including for having lodged a complaint with the Committee
on Freedom of Association, and underlining the importance of ensuring that trade
union rights can be exercised in normal conditions with respect for basic human
rights and in a climate free of pressure, fear and threats of any kind, the
Committee once again urges the Government to provide detailed information without
delay on the reasons for and the status of the dismissals and disciplinary action
against the following trade union leaders and members: Mr Nkungi Masewu, President
of SYAPE; Mr Embusa Endole, President of ESPOIR; Mr Gongwaka, trade union leader;
Mr Kaleba, President of the CCT/Finance union committee; and Mr Kalambay,
coordinator of COSSA. Noting with concern that fresh allegations have been made of
harassment of trade union leaders, the Committee urges the Government to provide
information on the situation of Mr Mulanga Ntumba, General Secretary of SAFE, and Mr
Tshimanga Musungay, General Secretary of Trade Union Renewal of the Congo
(RESYCO).
- The Committee once again urges the Government to provide without
delay detailed information in response to the allegations that trade union leaders
in the public service have been subjected to disciplinary measures, including
dismissal, and particularly on the reasons given to justify the termination in May
2016 of the President of the Union of State Officials and Civil Servants (SYAPE), Mr
Nkungi Masewu.
- Given the difficulty in obtaining the requested information
from both the Government and the complainant organizations, the Committee invites
the Government to accept an advisory mission to facilitate understanding and
resolution of the outstanding issues.
B. The Committee’s conclusion
B. The Committee’s conclusion- 433. The Committee deplores once again that, despite the time that has
elapsed since the presentation of the complaint, which concerns events that date back
more than ten years, the Government has still not provided a response to the Committee’s
recommendations, even though it has been requested several times to do so, including
through another urgent appeal.
- 434. Under these circumstances and in accordance with the applicable
procedural rule [see 127th Report, approved by the Governing Body at its 184th Session
(1972), para. 17], the Committee is obliged to present a new report on the substance of
the case without being able to take account of the information that it hoped to receive
from the Government.
- 435. 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 of employers and workers is to
promote and ensure respect for this freedom in law and in fact [see Compilation of
decisions of the Committee on Freedom of Association, sixth edition, 2018, para. 3.] The
Committee is confident that, while this procedure protects governments against
unreasonable accusations, they must recognize the importance of formulating, for
objective examination, detailed replies concerning allegations brought against them [see
First Report of the Committee, 1952, para. 31]. The Committee once again urges the
Government to be more cooperative in the future, especially since it has availed itself
of ILO technical assistance on several occasions and engaged in a standards-orientated
development cooperation programme.
- 436. Recalling that this case, presented by several public administration
trade unions, concerns the alleged interference, with impunity, of the Government, as
the employer, in trade union activities, particularly intimidation of, and disciplinary
measures against, trade union officials, and the adoption of contentious regulations
concerning the organization of trade union elections in the public administration aimed
at the establishment of an inter-union association (INAP) under the control of the
Government as its sole representative, the Committee is obliged to refer once again to
the conclusions and recommendations it made during the examination of this case at its
meeting in June 2022 [see 399th Report, paras 261–269]. The Committee once again further
urges the complainant organizations to provide all relevant information concerning the
status of the numerous issues raised in this case. Lastly, given the difficulty in
obtaining the requested information from both the Government and the complainant
organizations, the Committee recalls its invitation to the Government to accept an
advisory mission to facilitate understanding and resolution of the outstanding
issues.
The Committee’s recommendations
The Committee’s recommendations- 437. In the light of its foregoing interim conclusions, the Committee
invites the Governing Body to approve the following recommendations:
- (a)The
Committee deeply deplores that, despite the time that has elapsed since the
presentation of the complaint, which concerns events that date back more than ten
years, the Government has still not provided a response to the Committee’s
recommendations. The Committee once again urges the Government to demonstrate
greater cooperation in the future. The Committee once again further urges the
complainant organizations to provide all relevant information concerning the status
of the numerous issues raised in this case.
- (b) The Committee firmly urges the
Government to take the necessary steps without delay to review the contested 2013
decrees of the Ministry of Public Service in consultation with the relevant workers’
organizations.
- (c) The Committee can only once again firmly urge the Government
to undertake, without delay, consultations with all the representative workers’
organizations concerned, including the national inter-union body for the public
sector (INSP) and the Independent Trade Unions of the Public Administration (SIAP),
on ways of representing workers’ interests in collective bargaining in the public
administration. The Committee requests the Government to keep it informed in this
regard.
- (d) The Committee firmly urges the Government to provide the founding
document of the national public administration inter-union association (INAP) and
the handover document between the former inter-union association (INSP) and the INAP
and to report its observations on the matter.
- (e) The Committee firmly expects
that the Government will issue immediate instructions so that trade union members
who are exercising their rightful trade union duties in public administration cannot
be subjected to prejudice in the workplace and so that those responsible for these
acts are punished. Furthermore, the Committee once again urges the Government to
conduct investigations on the mentioned disciplinary action cases against trade
union leaders in order to determine if they were punished for lawfully exercising
their trade union activities and, if appropriate, to award compensation that
sufficiently discourages further disciplinary action.
- (f) Noting that Mr
Muhimanyi and Mr Endole Yalele filed complaints before the appeals court for the
violation of the legal time limit for concluding a disciplinary case, the Committee
once again urges the Government to keep it informed of the result of these
complaints.
- (g) The Committee firmly urges the Government to conduct without
delay an investigation into the circumstances behind the arrest and detention of
trade union leaders in July 2013 and November 2014 and to keep it informed of the
findings and follow-up action.
- (h) The Committee once again urges the Government
to inform it of the follow-up given to the administrative and judicial appeals
brought by the complainants.
- (i) Firmly recalling that trade union leaders
should not be subject to retaliatory measures, and in particular arrest and
detention, for having exercised their rights which derive from the ratification of
ILO instruments on freedom of association, including for having lodged a complaint
with the Committee on Freedom of Association, and underlining the importance of
ensuring that trade union rights can be exercised in normal conditions with respect
for basic human rights and in a climate free of pressure, fear and threats of any
kind, the Committee firmly expects the Government to provide detailed information
without delay on the reasons for and the status of the dismissals and disciplinary
action against the following trade union leaders and members: Mr Nkungi Masewu,
President of SYAPE; Mr Embusa Endole, President of ESPOIR; Mr Gongwaka, trade union
leader; Mr Kaleba, President of the CCT/Finance union committee; and Mr Kalambay,
coordinator of COSSA. Noting with concern that fresh allegations have been made of
harassment of trade union leaders, the Committee urges the Government to provide
information on the situation of Mr Mulanga Ntumba, General Secretary of SAFE, and Mr
Tshimanga Musungay, General Secretary of Trade Union Renewal of the Congo
(RESYCO).
- (j) The Committee firmly expects the Government to provide without
delay detailed information in response to the allegations that trade union leaders
in the public service have been subjected to disciplinary measures, including
dismissal, and particularly on the reasons given to justify the termination in May
2016 of the President of the Union of State Officials and Civil Servants (SYAPE), Mr
Nkungi Masewu.
- (k) Given the difficulty in obtaining the requested information
from both the Government and the complainant organizations, the Committee recalls
its invitation to the Government to accept an advisory mission to facilitate
understanding and resolution of the outstanding issues.
