Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Congo (Ratification: 1960)

With reference to its previous observations, the Committee notes with interest the Government's statement in its report that the Congo is engaged in a process of democratic pluralism and that as such the national debate on the question of the trade union monopoly laid down in the legislation could open the way for a revision of the legislation along the lines of the comments made by the Committee.

In these circumstances, the Committee trusts that the provisions of the Labour Code (section 173) and Decree No. 73/167 MJT of 18 May 1973, which establish a system of trade union monopoly reinforced by a check-off system in favour of a single trade union organisation designated by name - the Congolese Trade Union Confederation - will be repealed in the near future in order to guarantee all workers the right to establish trade union organisations of their own choosing outside the existing trade union structure, in accordance with Article 2 of the Convention.

The Committee recalls that these provisions have been the subject of comments for several years and that, in previous reports, the Government indicated its intention of re-examining, among other matters, the question of the check-off system. The Committee requests the Government to supply detailed information in its next report on the measures that have been taken in this respect.