Interim Report - Report No 360, June 2011

Case No 2712 (Democratic Republic of the Congo) - Complaint date: 11-APR-09 - Closed

Allegations: Abduction and arbitrary detention by the special services of three trade unionists, including the President of the Congolese Labour Confederation

1. 1083. The Committee last examined this case at its June 2010 meeting and presented an interim report to the Governing Body [see 357th Report, approved by the Governing Body at its 308th Session (2010), paras 1071–1087].
2. 1084. At its March 2011 meeting [see 359th Report, para. 5], the Committee made an urgent appeal to the Government, indicating that, in accordance with the procedural rule set out in paragraph 17 of its 127th Report, approved by the Governing Body (1972), it could present a report on the substance of the case at its next meeting even if the information or observations requested had not been received in time. The Government has not sent any information to date.
3. 1085. The Democratic Republic of the Congo has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), and the Workers’ Representatives Convention, 1971 (No. 135).

A. Previous examination of the case

1. 1086. In its previous examination of the case, in June 2010, deploring that, despite the time that had elapsed, the Government had not provided any information on the allegations, the Committee made the following recommendations [see 357th Report, para. 1087]:
   • (a) The Committee deplores that the Government has still not replied to the complainant organization’s allegations, despite having been invited on a number of occasions, including by means of an urgent appeal, to present its comments and observations on the case. The Committee urges the Government to be more cooperative in the future.
   • (b) The Committee urges the Government to hold an independent inquiry without delay to elucidate the reasons for the arrests of the two CCT trade unionists, Mr Richard Kambale Ndayango and Mr Israël Kanumbaya Yambasa, and of the President of the organization, Mr Nginamau Malaba, on 11, 16 and 19 January 2009, respectively, by ANR agents; to ascertain the charges laid against them to justify their detention; and, if it is found that they were detained solely for reasons linked to their legitimate union activities, to release them immediately and punish those responsible in a manner sufficiently dissuasive to prevent any recurrence of such acts in the future, and compensate them for any lost wages.
   • (c) The Government is requested to provide copies of the relevant court decisions in this case, including the decision of 26 February 2009 of the Kinshasa/Gombe magistrate’s court, the decision of the appeals court for which a hearing was set for 13 March 2009, and to indicate any follow-up action taken.
   • (d) The Committee urges the Government to hold an inquiry without delay into the allegation that the three trade unionists concerned were held in custody for one month before obtaining a hearing and were subjected to inhumane and degrading treatment, and to indicate the outcome.
   • (e) The Committee requests the Government or the complainant organization to indicate the follow-up action taken on the complaint filed by the CCT with the Attorney-General of the Republic on 28 January 2009.
   • (f) The Committee draws the Governing Body’s attention to the extreme seriousness and urgent nature of the present case.

B. The Committee’s conclusions

1. 1087. The Committee deeply deplores the fact that, despite the time that has elapsed since the complaint was presented in April 2009, the Government has still not replied to the allegations of the complainant organization, despite having been invited on several occasions, including by means of two urgent appeals, to present its observations on the allegations in reply to the recommendations made by the Committee in its previous examination of the case [see 356th and 359th Reports, para. 5].
2. 1088. In these circumstances, and in keeping with the applicable procedural rule [see 127th Report, para. 17, approved by the Governing Body at its 184th Session (1972)], the Committee finds itself obliged to present once again a report on the substance of the case without being able to take into account the information it hoped to receive from the Government.
3. 1089. The Committee reminds the Government once again that the purpose of the whole procedure established by the International Labour Organization for the examination of allegations of violations of freedom of association is to promote respect for this freedom in law and in fact. The Committee remains confident that, if the procedure protects governments from unreasonable accusations, governments on their side will recognize the importance of formulating, for objective examination, detailed replies concerning allegations made against them [see the Committee’s first Report, para. 31].
4. 1090. The Committee notes with deep regret that the Government has still not provided any information whatsoever concerning three consecutive complaints presented since 2009, which have already been examined in the absence of a Government reply and which relate to serious violations of freedom of association. The Committee expects the Government to be more cooperative in future.
5. 1091. The Committee finds itself obliged to reiterate its previous recommendations and firmly expects the Government to provide information without delay, given the extreme seriousness and urgent nature of the matters dealt with in this case.

The Committee's recommendations

1. 1092. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee deeply deplores the fact that, despite the time that has elapsed since the complaint was presented in April 2009, the Government has still not replied to the allegations of the complainant organization, despite having been invited on several occasions, including by means of two urgent appeals, to present its observations on the allegations in reply to the recommendations made by the Committee in its previous examination of the case [see 356th and 359th Reports, para. 5]. The Committee notes with deep regret that the Government has still not provided any information whatsoever concerning three consecutive complaints presented since 2009, which have already been examined in the absence of a Government reply and which relate to serious violations of freedom of association. The Committee expects the Government to be more cooperative in future.
   • (b) The Committee urges the Government to hold an independent inquiry without delay to elucidate the reasons for the arrests of the two CCT trade unionists, Mr Richard Kambale Ndayango and Mr Israël Kanumbaya Yambasa, and of the President of the organization, Mr Nginamau Malaba, on 11, 16 and 19 January 2009, respectively, by ANR agents; to ascertain the charges laid against them to justify their detention; and, if it is found that they were detained solely for reasons linked to their legitimate union activities, to release them immediately and punish those responsible in a manner sufficiently dissuasive to prevent any recurrence of such acts in the future, and compensate them for any lost wages.
   • (c) The Government is requested to provide copies of the relevant court decisions in this case, including the decision of 26 February 2009 of the Kinshasa/Gombe magistrate’s court, the decision of the appeals court for which a hearing was set for 13 March 2009, and to indicate any follow-up action taken.
   • (d) The Committee urges the Government to hold an inquiry without delay into the allegation that the three trade unionists concerned were held in custody for one month before obtaining a hearing and were subjected to inhumane and degrading treatment, and to indicate the outcome.
   • (e) The Committee requests the Government or the complainant organization to indicate the follow-up action taken on the complaint filed by the CCT with the Attorney-General of the Republic on 28 January 2009.
   • (f) The Committee draws the Governing Body’s attention to the extreme seriousness and urgent nature of the present case.