Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

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

The Committee notes with regret that the Government’s report has not been received. It also notes that the Government had been requested to provide information to the Committee on the Application of Standards at the 106th Session of the International Labour Conference, owing to the failure to send reports and information on the application of ratified Conventions. Noting that the Government received, in November 2017, technical assistance from the Office and the ILO International Training Centre in this regard, the Committee expects that the Government will be more cooperative in the future in fulfilling its constitutional obligations. The Committee notes the observations of the International Trade Union Confederation (ITUC) in 2016, as well as in 2014 and 2013, which refer to the issues addressed in this observation and in the corresponding direct request, as well as issues concerning the application of the Convention in practice. The Committee requests the Government to provide its comments in this regard.

Articles 2 and 5 of the Convention. Right to organize in the public service. In its previous comments, the Committee asked the Government 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 service enable the guarantees enshrined in the Convention to be afforded to all state employees. The Committee noted the Government’s indication that the reform is still in progress but that the 2013 version of the draft revised conditions of service of career members of the public service had been approved by the general secretaries of the public administration to be submitted to Parliament for adoption. The Committee once again expresses the firm hope that the Government will provide information in its next report on the adoption of new conditions of service of career members of the public service which secure the rights laid down in the Convention to all state employees.

Furthermore, the Committee previously requested the Government to specify the instrument that safeguards the trade union rights of magistrates. The Committee noted that, according to the Government, the freedom of association of magistrates is recognized under the provisional Order of 1996 and that magistrates’ trade unions exist. The Committee requests the Government to provide information on the reform of the public administration and in particular to indicate whether provisions are envisaged to explicitly ensure that magistrates enjoy the rights laid down in the Convention.

Article 3. Right of foreign workers to hold trade union office. The Committee notes the promulgation of Act No. 16/010 of 15 July 2016 amending and supplementing Act No. 015-2002 on the Labour Code. It notes with regret that new section 241 of the Labour Code continues the prior legislative requirement that eligibility for appointment to administrative or executive positions in trade unions is conditional on residence of 20 years. Recalling that the national legislation should allow foreign workers to take up trade union office, at least after a reasonable period of residence in the host country (see the 2012 General Survey on the fundamental Conventions, paragraph 103), the Committee requests the Government to take measures to amend, to this end, section 241 of the Labour Code, as revised by the Act of July 2016.

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