Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

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

The Committee notes with regret that the Government’s report has not been received. It is therefore bound once again to reiterate its earlier observation, which read as follows:

In its previous comments, the Committee requested the Government to amend the legislation on the minimum service organized by the employer to be maintained in the public service that is indispensable for safeguarding the general interest (section 248-15 of the Labour Code), in order to limit the minimum service to operations which are strictly necessary to meet the basic needs of the population, within the framework of a negotiated minimum service. In this respect, the Committee noted that, according to the Government, section 248-15 had been amended, but that it was not able to provide a copy of the text amending the provisions of this section. The Committee recalls that, since the definition of a minimum service restricts one of the essential means of pressure available to workers to defend their economic and social interests, their organizations should be able, if they so wish, to participate in defining such a service, along with employers and the public authorities. The parties might also envisage the establishment of a joint or independent body responsible for examining rapidly and without formalities the difficulties raised by the definition and application of such a minimum service and empowerment to issue enforceable decisions (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 161). The Committee expresses the hope that the text amending section 248-15 of the Labour Code takes these principles into account and requests the Government to send it a copy of the text as soon as possible.

Finally, the Committee requested the Government to keep it informed of developments in the revision of the Labour Code in its next report and to send it a copy of any draft amendment to that Code in order to ensure its conformity with the provisions of the Convention. The Committee noted the Government’s indication that the revision process had been completed and that the draft text had been submitted to the National Labour Advisory Commission for its opinion. The Committee requests the Government to send it a copy of the draft revised Labour Code and to continue to keep it informed in this regard

The Committee notes with regret that the Government has not sent its comments on the observations of 10 August 2006 of the International Confederation of Free Trade Unions (ICFTU, now ITUC – International Trade Union Confederation) concerning the eight trade union representatives arrested on 27 October 2005 and remanded for 24 hours. It again asks the Government to send its comments on this matter.