Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

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 comments of 4 August 2011 by the International Trade Union Confederation (ITUC) on the application of the Convention. In its previous comments, the Committee likewise noted the ITUC comments referring, among other matters, to the arrest of trade unionists and their torture and ill treatment while in custody and to acts of interference in trade union activities. The Committee requests the Government to send its observations without delay in reply to the ITUC’s comments.

Articles 2 and 5 of the Convention. In its previous comments the Committee noted that section 1 of the Labour Code excludes from the Code’s coverage magistrates, career officials in the state public services governed by the General Conditions of Service and career employees and officials of the state public services governed by specific conditions of services. It asked the Government to provide further information on the trade union rights of these categories of state employees. The Committee also noted that under section 56 of Act No. 81-003 of 17 July 1981 issuing the conditions of service of career members of state public services, public officials and employees were affiliated automatically to the then Union of Workers of Zaire (UNTZA). However, pending amendment of these conditions of service, the Ministry of the Public Service issued Order No. CAB.MIN/F.P./105/94 of 13 January 1994 issuing provisional regulations on trade union activities in the public administration, which was amended by Order No. CAB.MIN/F.P./0174/96 of 13 September 1996. The Committee noted the Government’s statement in its report that the reform of the public administration was still under way and that the draft revised conditions of service of career members of the state public services would shortly be submitted to Parliament. The Committee further noted the statement in the report that trade union pluralism was applied in the public administration and that the rights of public officials were protected by a joint committee composed of representatives of trade unions and the Government. The Committee notes that, in its report, the Government indicates that the revised conditions of service of career members of the state public services has still not been promulgated. In these circumstances, the Committee urges the Government: (i) to take the necessary steps to ensure that the reform of the public administration and the revision of the conditions of service of career members of the public services enable the guarantees set forth in the Convention to be enforced promptly for all state employees; and (ii) to indicate in its next report any new developments in this respect, including the repeal of section 56 of Act No. 81-003.

With regard to magistrates, the Committee noted in its previous comments that according to the Government, freedom of association is recognized for magistrates, that they are governed by special regulations and that there are unions in this sector. The Committee asked the Government in its next report to provide information on the instruments governing the special regulations and trade union rights of magistrates. The Committee notes that Basic Act No. 06/020 of 10 October 2006 issuing the magistrates’ regulations deals with the specific conditions of service. The Committee observes, however, that nothing in the abovementioned Act addresses the trade union rights of magistrates. It therefore once again asks the Government to indicate in its next report the instrument that safeguards the trade union rights of magistrates.

Article 3. In its previous observation the Committee requested the Government to take the necessary steps to facilitate the organization of trade union elections in various sectors and to provide specific information on the results of such elections. It noted the Government’s statement that by means of Circular No. 1 of 20 May 2008 it organized trade union elections for “enterprises and establishments of all kinds”, which were held between October 2008 and July 2009. The Committee notes that, according to the Government’s report, the results were published by Order No. 0038/CAB/PVPM/ETPS/2010 of 30 August 2010 pertaining to publication of the results of the trade union elections of the 2008–11 fifth edition organized in enterprises and establishments of all kinds for the 2010 13 term of office. The Committee further notes that, according to the ITUC, in September 2010 the National Union of Congolese Workers (UNTC) and the Democratic Confederation of Labour (CDT) contested the results of the union elections in the private sector. The Committee requests the Government in its next report to include its observations on the challenge to the union elections by the UNTC and the CDT.

The Committee is raising other points in a request addressed directly to the Government.