Rapport définitif - Rapport No. 74, 1964

Cas no 367 (République démocratique du Congo) - Date de la plainte: 25-OCT. -63 - Clos

1. 131. A complaint dated 25 October 1963 was addressed directly to the I.L.O jointly by the International Confederation of Free Trade Unions and the International Federation of Christian Trade Unions. The latter Organisation also lodged a separate complaint on the same date. In addition and also on 25 October 1963, the Confederation of Free Trade Unions of the Congo and the Inter-Occupational Committee of Katanga submitted complaints concerning the same subject. These complaints were communicated to the Government for its observations by letter dated 30 October 1963. By a communication of 30 October 1963 the African Trade Union Confederation made allegations concerning the same subjects; these allegations were transmitted to the Government for its observations by letter dated 20 November 1963.
2. 132. At its 35th Session (November 1963) the Committee decided, in the absence of the observations requested from the Government, to adjourn examination of the case until its following session. This decision of the Committee was communicated to the Government by letter dated 20 November 1963.
3. 133. By a communication dated 14 November 1963, the International Federation of Christian Trade Unions submitted further information in support of its complaint, and this information was transmitted to the Government for its observations by letter dated 22 November 1963.
4. 134. The Government submitted its observations concerning the whole question by a telegram dated 23 December 1963, which was supplemented by a communication dated 29 January 1964.
5. 135. The Congo (Leopoldville) has not ratified either the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), or the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. A. The complainants' allegations

1. 136. The original complaints, contained in a series of telegrams sent in October 1963 by the organisations listed in paragraph 131, refer to the arrest of the following trade union leaders of the major trade union federations of the country on the grounds of inciting to strike : Messrs. Bo-Boliko and Booka of the Union of Congolese Workers, Mr. Kithima of the Confederation of Free Trade Unions of the Congo, and Mr. Siwa of the General Federation of Workers of the Congo.
2. 137. By a communication dated 14 November 1963, the International Federation of Christian Trade Unions provided information indicating that on 22 October 1963 the above-mentioned trade union leaders launched an order calling for a general strike of the employees of the administration, and that the dual aim of this strike was to support the movement already started by the teachers in order to obtain payment of wage arrears and to bring about " amendment of certain provisions of the new conditions of work of employees of the administration ".
3. 138. It is further stated that the strike was almost complete on 23 October, but that on the next day it collapsed as a result of pressure, threats and intimidation by the authorities, resulting in the arrest under emergency provisions of Mr. Kithima and then of Messrs. Bo-Boliko, Siwa and Booka.
4. 139. The Government states in its observations that the four trade union leaders formed a coalition in order to persuade officials to stop work and ordered a general strike throughout the public services for 23 October 1963. The Government further states that this strike order was preceded by activities between 20 and 23 October during which numerous tracts were printed, documents drawn up and public speeches made calling on officials to strike and disobey the law. This coalition came about immediately after an order issued by the President of the Republic proclaiming a state of emergency.
5. 140. According to the Government's statement, the printed matter circulated among officials is alleged by some to have borne the signatures of the four trade union leaders concerned and contained open incitement to disobey the laws and to commit other violations of the Penal Code. For instance, a document entitled " Attitude of the Congolese Trade Unions " contains such statements as " the alliance of trade unions states publicly that it is fighting and will continue to fight any régime that is against the people ", or " nevertheless, we continue our struggle for the elimination of any régime ". In another document entitled " Very Important Declaration by the Trade Union Alliance " it is stated: " The trade union alliance vehemently condemns the new anti-democratic régime which can in no way be justified in the present state of affairs " and: " The trade union alliance calls urgently on all the Congolese workers not to allow themselves to be intimidated by the supporters of a régime which will inevitably disappear, and to carry out our instructions."
6. 141. The Government further states that, from the legal point of view, the movement thus launched was unlawful on two counts : firstly, under the emergency regulations, which suspend the right to strike, and secondly, and above all, because even in normal circumstances public officials do not enjoy the right to strike under existing legislation (decree of 25 January 1957 concerning exercise of the right of association of public servants).
7. 142. The Government states that the four trade union leaders concerned in this matter were prosecuted both for violating the decree mentioned above and for breaking sections 186 and 188 of the Penal Code. It goes on to point out that the four persons have been released and that their case has been referred to a Constitutionally independent power, namely the judiciary.
8. 143. The Government's statement concludes by indicating that the teachers resumed work " after a binding promise-which was carried out today-that their wage arrears should be paid ".
9. 144. It would seem from the information before the Committee that, although the strike movement resembled a labour dispute in certain respects, it was, to a large extent, political in nature. This impression is created, in the first place, by the Government's explanations and the documents it quotes. The same impression is created, perhaps even more strongly, by the documents submitted by the complainants, which are the same from which the Government quotes. Apart from the extracts supplied by the Government, these documents contain such statements as the following : " The present Government is nothing but a committee of colonialism forced to disguise its true nature, and it openly pursues the policies of the major powers.... We cannot, in any circumstances, subscribe to a ridiculous and suicidal policy.... What the workers want is new leaders."

B. B. The Committee's conclusions

1. 145. In so far as the strike was political-and the above indications show that this was to a large extent so-it does not come within the Committee's competence. The only aspect which seems to present affinities with a labour dispute is the teachers' demand for payment of wage arrears.
2. 146. The Government has stated that the teachers' strike was concluded and that it has met the teachers' demands (see paragraph 143 above). This statement is confirmed by one of the complainants, the African Trade Union Confederation, whose communication of 30 October 1963 states that the Government has taken action to meet the workers' demands in their entirety.
3. 147. With regard to the arrest of the four trade union leaders concerned, the Committee notes that these four persons have been released.

The Committee's recommendations

1. 148. In these circumstances, the Committee recommends the Governing Body to note that the strike has ended in a settlement of the dispute and that the four trade union leaders who had been arrested have been released.