Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Democratic Republic of the Congo (Ratification: 2001)

The Committee notes the observations provided by Education International (EI) in August 2023 denouncing the intentional obstruction of the exercise of trade union rights of workers and in particular of teachers, including arbitrary arrests during a demonstration of education inspectors in May 2023, as well as physical attacks. The Committee requests the Government to provide comments in this regard.

Articles 2 and 3 of the Convention. Right to organize in the public service. In its previous comments, the Committee noted that: (i) under the terms of section 94 of Act No. 16/013 of 15 July 2016 on the conditions of service of permanent public service employees, freedom of association is guaranteed for public service employees; and (ii) under section 93 of the Act, the exercise of the right to strike by public service employees can only be restricted under the conditions established by the law, in particular, so as to ensure the normal provision of “public services of vital interest, which cannot suffer any type of interruption” and a Decree of the Prime Minister was to establish the list of services of vital interest, as well as the details of the minimum service in these services. The Committee notes with regret that the Government restricts itself to reiterating that it is to submit a draft Decree on this matter to the competent authorities and will provide the Committee with a copy of the Decree as soon as it is adopted. Recalling that the right to strike may be restricted or prohibited: (i) in the public service only for public servants exercising authority in the name of the State; (ii) in essential services in the strict sense of the term; or (iii) in the case of an acute national or local crisis, the Committee firmly hopes that the Decree in question will be shortly adopted, taking account of its observations and requests the Government to provide a copy thereof with its next report.

With regard to the trade union rights of judges, the Committee previously noted that, according to the Government, the freedom of association of judges is recognized under the provisional Order of 1996 and that judges’ trade unions exist. The Committee noted however that Organic Act No. 06/020 of 10 October 2006 on the conditions of service of judges did not contain any provisions explicitly granting judges the rights provided for by the Convention even if, according to the Government, the provisional Order of 1996 remained in force, pending the amendment of the Act of 2006. The Committee observes that the Government admits that the freedom of association of judges is still not explicitly recognized in the Act of 2006 as amended and supplemented by Organic Act 15/014 of 1 August 2015. In light of the above, the Committee firmly hopes that the Government will take the necessary measures to amend the Act of 2006 as soon as possible, to enshrine freedom of association of judges. It requests the Government to provide a copy of the amended Act with its next report.

Article 3. Right of foreign workers to hold trade union office. In its previous comments the Committee noted that Act No. 16/010 of 15 July 2016 amending and supplementing Act No. 015-2002 on the Labour Code did not remove the provision requiring 20 years of residence in order to be eligible for appointment to administrative or executive positions in trade unions (new section 241). Noting with deep regret the absence of any progress in this regard, although the Government had undertaken to bringing this matter before the National Labour Council, the Committee is obliged to recall that such a period is excessive, but that a period of three years could be considered as being reasonable (see the 2012 General Survey on the fundamental Conventions, paragraph 103). Recalling once again that national legislation should allow foreign workers to take up trade union office, at least after a reasonable period of residence in the host country, the Committee firmly expects the Government to take the necessary measures to amend section 241 of the Labour Code in the near future.

Articles 3 and 4. Other legislative and regulatory issues. In its previous comments, the Committee requested the Government, on numerous occasions, to take steps to amend: (i) section 11 of Order No. 12/CVAB.MIN/TPS/113/2005 of 26 October 2005, which prohibits striking workers from entering and remaining on work premises affected by the strike; (ii) section 326 of the Labour Code, and in that regard suggested including an additional provision stipulating that penalties against strikers must be proportionate to the offence committed and that no prison sentence shall be imposed unless criminal or violent acts have been committed; (iii) section 28 of Act No. 016/2002 concerning the establishment, organization and functioning of labour tribunals so as to allow recourse to the labour tribunal, should conciliation and mediation procedures have been exhausted, only on the basis of a voluntary decision of the parties to the dispute; and (iv) section 251 of the Labour Code to ensure that the issue of the dissolution of trade union organizations will be regulated by their union constitutions and rules. The Committee notes with deep concern that, despite the adoption of Act No. 16/010 of 15 July 2016 (amending and supplementing the Labour Code) and of Act No. 016/2002 (concerning the establishment, organization and functioning of labour tribunals), the above provisions are still in force, and that the Government provides no information in this regard. The Committee firmly expects that the Government will take the necessary measures to amend the provisions cited above and provide information on all developments in this regard.

Recalling that the Government may avail itself of ILO technical assistance, the Committee hopes that the Government will make every effort to take the necessary measures in the near future.