Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Democratic Republic of the Congo (Ratification: 2001)

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Articles 2 and 5 of the Convention. Tripartite consultations. The Government indicates that it has sent the competent national authority a submission report on ten instruments adopted by the International Labour Conference between 2010 and 2019. The Government also indicates that seven ordinary sessions and one special session of the National Labour Council (CNT) were held between 2013 and 2021. It states that, at its last session, the CNT examined and adopted a draft decree establishing the High Council for Social Dialogue. The Committee notes with deep regret, however, that the Government’s report still contains no response to its previous comments, reiterated since 2013. Concerning the serious failure to submit the instruments adopted by the International Labour Conference, laid down in article 19(5) and (6) of the ILO Constitution, the Committee refers to its comment of 2023 on submission to the competent authorities and once again reiterates its request to the Government to provide information on the consultations held with the social partners prior to the submission of instruments. The Committee recalls that the instruments in respect of which the Government has yet to fulfil its obligation to submit them to the competent authority concern those adopted at the 99th, 100th, 101st, 103rd, 104th, 106th, 108th and 111th Sessions, or 9 Recommendations, 3 Conventions and 1 Protocol. As to the frequency, the content and the results of the consultations held on all the questions covered by Article 5(1) of the Convention, the Government once again reiterates its request for detailed information in this regard (that is, for each consultation, the date, the subject and the position adopted at the end of the consultation).

COVID-19 pandemic. The Committee notes the information provided in response to its previous comment on the use of tripartite consultations to formulate responses to the socio-economic repercussions of the pandemic.

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

The Committee notes the Government’s report sent in June 2019, in response to comments formulated in previous observations, starting in 2013. With regard to the serious failure of the obligation to submit the instruments adopted by the Conference, laid down in article 19(5) and (6) of the ILO Constitution, the Government indicates its commitment to submitting the instruments adopted by the International Labour Conference to the competent authorities, in full respect of the provisions of the Convention. It also supplies a list of representative organizations of employers (three organizations) and of workers (12 organizations), indicating that they participated in the drafting of the reports. The Committee nevertheless notes with regret that the Government’s report contains no response to the Committee’s previous comments, reiterated since 2013, requesting the Government to provide detailed information on the content of the consultations and the recommendations made by the social partners on each of the matters listed in Article 5(1) of the Convention. Noting that the Government has not provided for many years any information on the practical application of the Convention, the Committee again requests the Government to provide information on the consultations held with the social partners concerning the proposals made to Parliament upon the submission of instruments adopted by the Conference (Article 5(1)(b) of the Convention. It again requests the Government to provide detailed information on the frequency, the content and the results of the tripartite consultations held on the questions concerning international labour standards covered by the Convention and other ILO activities, in particular with regard to questionnaires concerning items on the agenda of the Conference (Article 5(1)(a)); the submission of instruments adopted by the Conference to the Parliament (Article 5(1)(b)); the re-examination, at appropriate intervals of unratified Conventions and of Recommendations to which effect has not yet been given (Article 5(1)(c); and reports on the application of ratified Conventions (Article 5(1)(d)).

COVID-19. The Committee notes that as a result of the COVID-19 pandemic, tripartite consultations on international labour standards may have been postponed. With that in mind, the Committee recalls the guidance provided by international labour standards and encourages the Government to use tripartite consultations and social dialogue as a solid basis for formulating and implementing effective responses to the profound socio-economic repercussions of the pandemic. The Committee invites the Government to provide, in its next report, up-to-date information on all measures taken in this regard, particularly as concerns the measures taken to strengthen constituents’ capacities and also to improve national tripartite mechanisms and procedures. It also requests the Government to provide information on the challenges encountered and good practices identified regarding application of the Convention during and after the pandemic period.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes the Government’s report sent in June 2019, in response to comments formulated in previous observations, starting in 2013. With regard to the serious failure of the obligation to submit the instruments adopted by the Conference, laid down in article 19(5) and (6) of the ILO Constitution, the Government indicates its commitment to submitting the instruments adopted by the International Labour Conference to the competent authorities, in full respect of the provisions of the Convention. It also supplies a list of representative organizations of employers (three organizations) and of workers (12 organizations), indicating that they participated in the drafting of the reports. The Committee nevertheless notes with regret that the Government’s report contains no response to the Committee’s previous comments, reiterated since 2013, requesting the Government to provide detailed information on the content of the consultations and the recommendations made by the social partners on each of the matters listed in Article 5(1) of the Convention. Noting that the Government has not provided for many years any information on the practical application of the Convention, the Committee again requests the Government to provide information on the consultations held with the social partners concerning the proposals made to Parliament upon the submission of instruments adopted by the Conference (Article 5(1)(b) of the Convention. It again requests the Government to provide detailed information on the frequency, the content and the results of the tripartite consultations held on the questions concerning international labour standards covered by the Convention and other ILO activities, in particular with regard to questionnaires concerning items on the agenda of the Conference (Article 5(1)(a)); the submission of instruments adopted by the Conference to the Parliament (Article 5(1)(b)); the re-examination, at appropriate intervals of unratified Conventions and of Recommendations to which effect has not yet been given (Article 5(1)(c); and reports on the application of ratified Conventions (Article 5(1)(d)).

COVID-19. The Committee notes that as a result of the COVID-19 pandemic, tripartite consultations on international labour standards may have been postponed. With that in mind, the Committee recalls the guidance provided by international labour standards and encourages the Government to use tripartite consultations and social dialogue as a solid basis for formulating and implementing effective responses to the profound socio-economic repercussions of the pandemic. The Committee invites the Government to provide, in its next report, up-to-date information on all measures taken in this regard, particularly as concerns the measures taken to strengthen constituents’ capacities and also to improve national tripartite mechanisms and procedures. It also requests the Government to provide information on the challenges encountered and good practices identified regarding application of the Convention during and after the pandemic period.

[The Government is asked to reply in full to the present comment in 2021.]

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2013.

Repetition

Effective tripartite consultations. The Government indicates that the trade union and employers’ elections held between October 2008 and July 2009 enabled 12 occupational organizations of workers to be identified as being the most representative, with terms of office lasting until the next elections, scheduled for December 2013. The most representative occupational organizations of employers are determined on the basis of the number of enterprises affiliated. The Government also indicates that the Ministry of Employment, Labour and Social Welfare convenes sittings of the National Council on Labour (CNT) by an order that it issues to the social partners represented in the CNT, requesting them to submit the names of the titular and alternate representatives of their respective organizations (Article 3 of the Convention). The Committee notes that the Government’s report contains no further information on the operation of the consultation procedures required by the Convention. The Committee refers the Government to its previous observation, in which it points to a serious failure of the obligation to submit the instruments adopted by the Conference, laid down in article 19(5) and (6) of the ILO Constitution. It requests the Government to provide information on the consultations held with the social partners on the proposals made to Parliament upon the submission of instruments adopted by the Conference (Article 5(1)(b) of the Convention). It further requests the Government to provide detailed information on the content of the consultations and the recommendations made by the social partners on each of the matters listed in Article 5(1) of the Convention.

The Committee expects that the Government will make every effort to take the necessary action in the near future.

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

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2013.

Repetition

Effective tripartite consultations. The Government indicates that the trade union and employers’ elections held between October 2008 and July 2009 enabled 12 occupational organizations of workers to be identified as being the most representative, with terms of office lasting until the next elections, scheduled for December 2013. The most representative occupational organizations of employers are determined on the basis of the number of enterprises affiliated. The Government also indicates that the Ministry of Employment, Labour and Social Welfare convenes sittings of the National Council on Labour (CNT) by an order that it issues to the social partners represented in the CNT, requesting them to submit the names of the titular and alternate representatives of their respective organizations (Article 3 of the Convention). The Committee notes that the Government’s report contains no further information on the operation of the consultation procedures required by the Convention. The Committee refers the Government to its previous observation, in which it points to a serious failure of the obligation to submit the instruments adopted by the Conference, laid down in article 19(5) and (6) of the ILO Constitution. It requests the Government to provide information on the consultations held with the social partners on the proposals made to Parliament upon the submission of instruments adopted by the Conference (Article 5(1)(b) of the Convention). It further requests the Government to provide detailed information on the content of the consultations and the recommendations made by the social partners on each of the matters listed in Article 5(1) of the Convention.

The Committee expects that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes with regret that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Effective tripartite consultations. The Government indicates that the trade union and employers’ elections held between October 2008 and July 2009 enabled 12 occupational organizations of workers to be identified as being the most representative, with terms of office lasting until the next elections, scheduled for December 2013. The most representative occupational organizations of employers are determined on the basis of the number of enterprises affiliated. The Government also indicates that the Ministry of Employment, Labour and Social Welfare convenes sittings of the National Council on Labour (CNT) by an order that it issues to the social partners represented in the CNT, requesting them to submit the names of the titular and alternate representatives of their respective organizations (Article 3 of the Convention). The Committee notes that the Government’s report contains no further information on the operation of the consultation procedures required by the Convention. The Committee refers the Government to its previous observation, in which it points to a serious failure of the obligation to submit the instruments adopted by the Conference, laid down in article 19(5) and (6) of the ILO Constitution. It requests the Government to provide information on the consultations held with the social partners on the proposals made to Parliament upon the submission of instruments adopted by the Conference (Article 5(1)(b) of the Convention). It further requests the Government to provide detailed information on the content of the consultations and the recommendations made by the social partners on each of the matters listed in Article 5(1) of the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Effective tripartite consultations. The Committee notes the Government’s report received in November 2013. In reply to the previous comments, the Government indicates that the trade union and employers’ elections held between October 2008 and July 2009 enabled 12 occupational organizations of workers to be identified as being the most representative, with terms of office lasting until the next elections, scheduled for December 2013. The most representative occupational organizations of employers are determined on the basis of the number of enterprises affiliated. The Government also indicates that the Ministry of Employment, Labour and Social Welfare convenes sittings of the National Council on Labour (CNT) by an order that it issues to the social partners represented in the CNT, requesting them to submit the names of the titular and alternate representatives of their respective organizations (Article 3 of the Convention). The Committee notes that the Government’s report contains no further information on the operation of the consultation procedures required by the Convention. The Committee refers the Government to its previous observation, in which it points to a serious failure of the obligation to submit the instruments adopted by the Conference, laid down in article 19(5) and (6) of the ILO Constitution. It requests the Government to provide information on the consultations held with the social partners on the proposals made to Parliament upon the submission of instruments adopted by the Conference (Article 5(1)(b) of the Convention). It further requests the Government to provide detailed information on the content of the consultations and the recommendations made by the social partners on each of the matters listed in Article 5(1) of the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

Effective tripartite consultations. The Committee notes the Government’s report received in November 2013. In reply to the previous comments, the Government indicates that the trade union and employers’ elections held between October 2008 and July 2009 enabled 12 occupational organizations of workers to be identified as being the most representative, with terms of office lasting until the next elections, scheduled for December 2013. The most representative occupational organizations of employers are determined on the basis of the number of enterprises affiliated. The Government also indicates that the Ministry of Employment, Labour and Social Welfare convenes sittings of the National Council on Labour (CNT) by an order that it issues to the social partners represented in the CNT, requesting them to submit the names of the titular and alternate representatives of their respective organizations (Article 3 of the Convention). The Committee notes that the Government’s report contains no further information on the operation of the consultation procedures required by the Convention. The Committee refers the Government to its previous observation, in which it points to a serious failure of the obligation to submit the instruments adopted by the Conference, laid down in article 19(5) and (6) of the ILO Constitution. It requests the Government to provide information on the consultations held with the social partners on the proposals made to Parliament upon the submission of instruments adopted by the Conference (Article 5(1)(b) of the Convention). It further requests the Government to provide detailed information on the content of the consultations and the recommendations made by the social partners on each of the matters listed in Article 5(1) of the Convention.

[The Government is asked to reply in detail to the present comments in 2015.]

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Articles 2 and 5(1) of the Convention. Effective tripartite consultations. The Committee notes with regret that the Government’s report has not been received. In its observation of 2010, the Committee noted the ministerial orders adopted after consultation of the National Labour Council in order to apply the Labour Code and the reports of the extraordinary meetings of the National Labour Council held in July 2005 and March 2008. In a brief report received in June 2011, the Government indicated that it will provide relevant information in the future on the effective submission to Parliament of the 28 instruments adopted at the 13 sessions of the Conference held between 1996 and 2010. The Committee refers the Government to its observation concerning the serious failure to submit the instruments adopted by the Conference with respect to the obligation established in article 19(5) and (6) of the ILO Constitution. It requests the Government to report on consultations held with the social partners concerning the proposals made to Parliament on the occasion of the submission of the instruments adopted by the Conference. The Committee hopes that the Government will be in a position to announce further progress on tripartite consultations held on each of the matters relating to international labour standards covered by the Convention.

Article 3. Choice of employers’ and workers’ representatives. The Committee recalled in its previous observation that trade union elections were held for the fifth time between October 2008 and July 2009. It requests the Government to indicate who were the employers’ and workers’ representatives chosen for the purpose of tripartite consultations covered by the Convention and to state the manner in which it was ensured that they were freely chosen by their representative organizations.

[The Government is asked to reply in detail to the present comments in 2013.]

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

Articles 2 and 5(1) of the Convention. Effective tripartite consultations. In its observation of 2010 the Committee noted the ministerial orders adopted after consultation of the National Labour Council in order to apply the Labour Code and the reports of the extraordinary meetings of the National Labour Council held in July 2005 and March 2008. The Government also indicated that in September 2007 a new forum for the social partners was opened in the form of the Standing Committee on Social Dialogue, in order to discuss economic and social issues. In a brief report received in June 2011, the Government indicates that it will provide relevant information in the future on the effective submission to Parliament of the 28 instruments adopted at the 13 sessions of the Conference held between 1996 and 2010. The Committee refers the Government to its observation of 2011 concerning the obligation of submission established in Article 19, paragraphs 5 and 6, of the ILO Constitution, in which it notes that the 30 instruments adopted by the Conference have still not been the subject of this submission. It requests the Government to report on any consultations held with the social partners concerning the proposals made to Parliament on the occasion of the submission of the instruments adopted by the Conference. The Committee hopes that the Government will be in a position to announce further progress on tripartite consultations held on each of the matters relating to international labour standards covered by the Convention.

Article 3. Choice of employers’ and workers’ representatives. The Committee recalls that trade union elections were held for the fifth time between October 2008 and July 2009. It requests the Government to indicate who were the employers’ and workers’ representatives chosen for the purpose of tripartite consultations covered by the Convention and to state the manner in which it was ensured that they were freely chosen by their representative organizations.

[The Government is asked to reply in detail to the present comments in 2012.]

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Articles 2 and 5(1) of the Convention. Effective tripartite consultations. The Committee notes the Government’s report received in June 2010. In its previous comments the Committee expressed concern at the fact that the Government had not provided information on the application of the Convention since July 2004 and had emphasized that technical assistance might be useful to rectify the situation. The ILO undertook a mission to Kinshasa in May 2010 precisely for this purpose. The Committee notes with interest the ministerial orders adopted after consultation with the National Labour Council in order to apply the Labour Code, and the reports of extraordinary meetings of the National Labour Council held in July 2005 and March 2008. The Government also indicates that the Standing Committee on Social Dialogue, which was established in September 2007, has provided the social partners with a new forum for discussing key economic and social issues, particularly with regard to the revision of minimum wages. The Committee also notes the fact that the Government forwards to the workers’ and employers’ organizations the documents sent by the ILO for preparing items on the agenda of the International Labour Conference and also the reports on the application of Conventions and Recommendations. The Committee hopes that in its next report the Government will be in a position to announce further progress on tripartite consultations held on each of the matters relating to international labour standards covered by the Convention.

Article 3. Choice of employers’ and workers’ representatives. The Committee notes that the Government organized trade union elections for the fifth time, between October 2008 and July 2009. It requests the Government to indicate in its next report who were the employers’ and workers’ representatives chosen for the purpose of tripartite consultations covered by the Convention and to state the manner in which it was ensured that they were freely chosen by their representative organizations.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with concern that the Government has not provided information on the application of the Convention since its first report received in July 2004. Major changes have occurred in the Democratic Republic of the Congo. In recent years, the Democratic Republic of the Congo has received technical assistance from the ILO and has been a recipient of aid from international financial institutions and international donors assisting in the country’s transitional process towards political and economic stability. The Committee asks the Government to provide up to date and detailed information on the application of the Convention, including information on the manner in which representatives of employers and workers for the purposes of the Convention are chosen (Article 3 of the Convention).

Articles 2 and 5, paragraph 1. Effective tripartite consultations required by the Convention. The Committee recalls its 2004 observation and notes that no effective tripartite consultations have been held on the matters set out in the Convention. The Committee further recalls that Article 2 provides that each Member that ratifies the Convention must undertake to operate procedures which ensure effective consultations with respect to the matters set out in Article 5(1) between representatives of the Government, employers and workers. The nature and the form of procedures are to be determined by each country in accordance with national practice, following consultation with the representative organizations, where such procedures have not yet been established. The Committee trusts that the Government will provide information on how it gives effect to Article 2 and on the content and outcome of tripartite consultations held on each of the matters listed in Article 5(1).

The Committee notes that the preparation of a detailed report, including the indications requested in this observation, will certainly provide the Government and the social partners with an opportunity to ensure the effective implementation of the Convention. In this regard, the Government might wish to request further technical assistance from the relevant units of the ILO to address obstacles in reporting on compliance with Convention No. 144.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes with regret that the Government’s report has not been received since its first report. It is therefore bound to repeat its previous observation, which read as follows:

The Committee notes with regret that the Government has provided no information on the application of the Convention since its first report, received in July 2004. In its observation of 2005, the Committee took note of comments from the Confederation of Trade Unions of the Congo (CSC), endorsed by the World Confederation of Labour (WCL) and sent to the Government in September 2005. Noting these organizations’ statement that the report on the Convention had not been sent to trade union organizations, the Committee asked the Government to comment. The Committee reminds the Government that it is important to send precise and up to date information on a regular basis to allow it to assess the extent to which effect is given to the provisions of the Convention. The Committee requests the Government to provide a report containing specific and up to date information in response to the comments the Committee has been making since 2004, particularly on the following matters.

Articles 2 and 5, paragraph 1, of the Convention. Effective tripartite consultations required by the Convention. The Committee noted previously from the Government’s report received in June 2004 that the National Labour Council, a tripartite advisory body, has general competence in the field of labour and that a tripartite committee for the implementation of international labour standards was to be established. It further noted that, since the establishment of procedures was pending, no consultations had been held on the subjects listed at Article 5, paragraph 1, of the Convention. The Committee again draws the Government’s attention to the fact that any Member ratifying the Convention undertakes to establish procedures for effective consultations on all the matters covered by Article 5. The nature and form of the procedures are to be determined by each country in accordance with national practice and following consultation of the representative organizations, where such procedures do not yet exist. The Committee trusts that the Government will provide detailed information on the operation of the procedures established pursuant to Article 2 and on the content and outcome of tripartite consultations held, particularly in the National Labour Council, on each of the matters listed in Article 5, paragraph 1. It also hopes that the Government will be in a position to provide details of the administrative support provided for the procedures required by the Convention (Article 4, paragraph 1) and on all consultations held with representative organizations on the operation of the procedures (Article 6).

Article 3, paragraph 1.  Free choice of representatives. With reference to its previous comments and the observations sent by the Confederation of Trade Unions of the Congo, the Committee requests the Government to describe the manner in which representatives of employers and workers for the purposes of the Convention are chosen.

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

1. The Committee notes with regret that the Government has provided no information on the application of the Convention since its first report, received in July 2004. In its observation of 2005, the Committee took note of comments from the Confederation of Trade Unions of the Congo (CSC), endorsed by the World Confederation of Labour (WCL) and sent to the Government in September 2005. Noting these organizations’ statement that the report on the Convention had not been sent to trade union organizations, the Committee asked the Government to comment. The Committee reminds the Government that it is important to send precise and up to date information on a regular basis to allow it to assess the extent to which effect is given to the provisions of the Convention. The Committee requests the Government to provide a report containing specific and up to date information in response to the comments the Committee has been making since 2004, particularly on the following matters.

2. Articles 2 and 5, paragraph 1, of the Convention. Effective tripartite consultations required by the Convention. The Committee noted previously from the Government’s report received in June 2004 that the National Labour Council, a tripartite advisory body, has general competence in the field of labour and that a tripartite committee for the implementation of international labour standards was to be established. It further noted that, since the establishment of procedures was pending, no consultations had been held on the subjects listed at Article 5, paragraph 1, of the Convention. The Committee again draws the Government’s attention to the fact that any Member ratifying the Convention undertakes to establish procedures for effective consultations on all the matters covered by Article 5. The nature and form of the procedures are to be determined by each country in accordance with national practice and following consultation of the representative organizations, where such procedures do not yet exist. The Committee trusts that the Government will provide detailed information on the operation of the procedures established pursuant to Article 2 and on the content and outcome of tripartite consultations held, particularly in the National Labour Council, on each of the matters listed in Article 5, paragraph 1. It also hopes that the Government will be in a position to provide details of the administrative support provided for the procedures required by the Convention (Article 4, paragraph 1) and on all consultations held with representative organizations on the operation of the procedures (Article 6).

3. Article 3, paragraph 1.  Free choice of representatives. With reference to its previous comments and the observations sent by the Confederation of Trade Unions of the Congo, the Committee requests the Government to describe the manner in which representatives of employers and workers for the purposes of the Convention are chosen.

[The Government is asked to reply in detail to the present comments in 2008.]

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its 2005 observation, which read as follows:

The Committee notes the comments of the Confederation of Trade Unions of the Congo (CSC), supported by the World Confederation of Labour (WCL) and transmitted by the Government in September 2005, concerning, among other matters, the failure to transmit the report on the Convention to trade union organizations. The Committee requests the Government to provide its observations on this subject. Furthermore, it recalls that its previous comments related to the following points.

1. Effective tripartite consultations. The Committee noted from the Government’s previous report that the National Labour Council, a tripartite advisory body, has general competence in the field of labour and that a tripartite committee for the implementation of international labour standards was to be established. It also noted that, since the procedure is in the process of being established, there had not been any consultations on the matters set out in Article 5, paragraph 1, of the Convention. In this respect, the Committee once again draws the Government’s attention to the fact that each Member which ratifies the Convention undertakes to operate procedures which ensure effective consultations on all aspects covered by Article 5. The nature and form of such procedures are to be determined in each country in accordance with national practice, after consultation with the representative organizations, where such procedures have not yet been established. The Committee hopes that the Government will be in a position in its next report to provide information on the operation of procedures established in accordance with Article 2 and on the content of consultations which have been held during the period covered by the next report on each of the matters set out in Article 5, paragraph 1, indicating their frequency and the nature of any reports or recommendations resulting from these consultations. It also hopes that the Government will be in a position to supply information on the administrative support provided for the procedures envisaged in the Convention (Article 4, paragraph 1) and on any consultations held with the representative organizations concerning the working of the procedures (Article 6). The Committee also requests the Government to provide detailed information on the consultations held in the National Labour Council on the subjects covered by the Convention.

2. Free choice of representatives. With reference to its previous comments and to the recent observations made by the CSC, the Committee requests the Government to describe in its next report the manner in which the representatives of employers and workers are selected for the purposes of the Convention (Article 3, paragraph 1).

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the comments of the Confederation of Trade Unions of the Congo (CSC), supported by the World Confederation of Labour (WCL) and transmitted by the Government in September 2005, concerning, among other matters, the failure to transmit the report on the Convention to trade union organizations. The Committee requests the Government to provide its observations on this subject. Furthermore, it recalls that its previous comments related to the following points.

1. Effective tripartite consultations. The Committee noted from the Government’s previous report that the National Labour Council, a tripartite advisory body, has general competence in the field of labour and that a tripartite committee for the implementation of international labour standards was to be established. It also noted that, since the procedure is in the process of being established, there had not been any consultations on the matters set out in Article 5, paragraph 1, of the Convention. In this respect, the Committee once again draws the Government’s attention to the fact that each Member which ratifies the Convention undertakes to operate procedures which ensure effective consultations on all aspects covered by Article 5. The nature and form of such procedures are to be determined in each country in accordance with national practice, after consultation with the representative organizations, where such procedures have not yet been established. The Committee hopes that the Government will be in a position in its next report to provide information on the operation of procedures established in accordance with Article 2 and on the content of consultations which have been held during the period covered by the next report on each of the matters set out in the Article 5, paragraph 1, indicating their frequency and the nature of any reports or recommendations resulting from these consultations. It also hopes that the Government will be in a position to supply information on the administrative support provided for the procedures envisaged in the Convention (Article 4, paragraph 1) and on any consultations held with the representative organizations concerning the working of the procedures (Article 6). The Committee also requests the Government to provide detailed information on the consultations held in the National Labour Council on the subjects covered by the Convention.

2. Free choice of representatives. With reference to its previous comments and to the recent observations made by the CSC, the Committee requests the Government to describe in its next report the manner in which the representatives of employers and workers are selected for the purposes of the Convention (Article 3, paragraph 1).

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. Effective tripartite consultations. The Committee noted the Government’s first report on the application of the Convention, received in June 2004. It notes that the National Labour Council, a tripartite advisory body, has general competence in the field of labour and that a tripartite committee for the implementation of international labour standards will be set up. It also notes that, since the procedures are in the process of being established, there have not been any consultations on the matters set out in Article 5, paragraph 1, of the Convention. The Committee draws the Government’s attention to the fact that each Member which ratifies the Convention undertakes to operate procedures which ensure effective consultations on all aspects covered by Article 5. The nature and form of the procedures shall be determined in each country in accordance with national practice, after consultation with the representative organizations, where such procedures have not yet been established. The Committee expresses the hope that the Government will be in a position to provide information in its next report on the operation of procedures established in accordance with Article 2 and on the content of consultations which have occurred during the period covered by the next report with regard to each of the matters set out in Article 5, paragraph 1, stating their frequency and the nature of any reports or recommendations resulting from these consultations. It also hopes that the Government will be in a position to supply information on the administrative support for the procedures provided for in the Convention (Article 4, paragraph 1) and on any consultations with representative organizations concerning the working of the procedures (Article 6).

2. The Committee recalls that the World Confederation of Labour and the Trade Union Confederation of the Congo referred, in comments sent to the Government in September and October 2003, not only to the efforts made by the Government to implement the Convention but also to the non-application of certain decisions adopted by the National Labour Council in January 2002. Please provide detailed information on the consultations held in the National Labour Council on the matters covered by the Convention.

3. Free choice of representatives (Article 3, paragraph 1). In the observations received in June 2004, the Trade Union Confederation of the Congo states that the Government, by means of Ministerial Order No. 12/CAB.MIN/ TPS/kf/0111/03, unilaterally raised (from seven to 12) the number of the most representative trade unions for sitting on the National Labour Council. The Committee recalls that the employers’ and workers’ representatives must be freely chosen by their representative organizations. The principle of free choice is respected if the organizations themselves appoint their representatives directly. In cases where these representatives are formally appointed by the Government, the latter is bound to appoint the persons proposed by the representative organizations (paragraph 44 of the 2000 General Survey). It invites the Government to describe in its next report the way in which the employers’ and workers’ representatives are chosen for the purposes of the Convention.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes that the Government’s first report on the application of the Convention has not been received. It notes the fact that the World Confederation of Labour (WCL) and the Trade Union Confederation of the Congo have made observations on the application of the Convention, which were forwarded to the Government in September and October 2003. The Committee recalls the importance that it attaches to first reports so that it can evaluate for the first time the application of ratified Conventions. The preparation of a detailed report containing replies to all the questions raised in the report form, and in the observations made by the abovementioned workers’ organizations, will undoubtedly provide an opportunity for the Government and social partners to carry out an evaluation of tripartite consultations on international labour standards and the situation with regard to social dialogue in the country.