Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Workers' Representatives Convention, 1971 (No. 135) - Democratic Republic of the Congo (Ratification: 2001)

The Committee previously noted the comments of the World Confederation of Labour (WCL) and the Congolese Trade Union Confederation (CSC) concerning the difficulties relating to the application of the Convention in practice, despite the satisfactory legal provisions on workers’ representation in enterprises. While noting the absence of a response from the Government, the Committee observes that the CSC repeats its comments in a communication dated 29 August 2013, referring to specific cases of anti-union discrimination against representatives in enterprises. The Committee requests the Government to provide its observations in this regard.

More generally, and in view of the numerous cases before the Committee on Freedom of Association mainly concerning acts of anti-union discrimination against union leaders and representatives, the Committee is bound to urge the Government to take all the necessary measures (for example, by giving specific instructions to the labour inspectorate) to guarantee in practice the full application of the provisions of the Convention, including those concerning the protection of workers’ representatives and the facilities to be afforded to them for the performance of their functions.

Finally, the Committee requests the Government to send copies of the following texts:

• -Ministerial Order No. 36/95 of 21 June 1995 concerning the procedures for the dismissal and transfer of trade union delegates.
• -Ministerial Order No. 12/CAB.MIN/ETPS/041/08 of 8 August 2008 respecting judicial remedies against decisions by the labour inspectorate in cases of the dismissal or transfer of a titular or a deputy trade union delegate.