Interim Report - Report No 363, March 2012

Case No 2714 (Democratic Republic of the Congo) - Complaint date: 14-APR-09 - Closed

Allegations: Harassment and intimidation of trade union leaders

1. 1088. The Committee last examined this case at its June 2011 meeting, when it presented an interim report to the Governing Body [see 360th Report, approved by the Governing Body at its 311th Session (2011), paras 1093–1102].
2. 1089. At its November 2011 meeting [see 362nd Report, para. 5], the Committee made an urgent appeal to the Government indicating that, in accordance with the procedural rules 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 requested information or observations had not been received in time. To date, the Government has not sent any information.
3. 1090. 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).
4. 1091. In its previous examination of the case in June 2011, deploring the fact that despite the time that had elapsed the Government had not provided any information on the allegations, the Committee made the following recommendations [see 360th Report, para. 1102]:
   • (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 without delay to provide detailed information on the reasons for the disciplinary measures applied against Mr Basila Baelongandi and Mr Bushabu Kwete, CCT union leaders, in June 2008 and January 2009, indicating in particular whether they remain suspended and, if so, why. If it is found that the measures in question were motivated solely by their legitimate trade union activities, the Committee expects that the officials in question will be reinstated without delay and paid the wages arrears and other benefits owed to them, and that the Government will ensure that such acts of anti-union discrimination will not recur in future. If reinstatement is not possible for objective and compelling reasons, the Committee requests the Government to take the necessary measures to ensure that the trade union leaders are paid an adequate compensation which would represent a sufficiently dissuasive sanction for anti-union discrimination.
   • (c) The Committee requests the Government to provide its observations without delay on the summons issued by the prosecution service for Mr Bushabu Kwete to attend a hearing and, in particular, the reasons for the summons in question.
   • (d) The Committee, recalling that it is for trade unions to appoint their own representatives on consultative bodies, requests the Government to reply without delay in detail to the complainant’s allegations concerning the appointment of a trade unionist who, according to the complainant, has no union mandate, to the Bonus Allocations Committee.
   • (e) The Committee requests the Government, or the complainant, to provide information on the composition of the bodies within the DGRAD and to clarify the role of the unions in that regard.

B. The Committee’s conclusions

1. 1092. The Committee deeply deplores the fact that, despite the time that has elapsed since the presentation of the complaint in April 2009, the Government has still not replied to the complainant’s allegations, even though it has been requested several times, including through three urgent appeals, to present its observations on the allegations and its reply to the recommendations made by the Committee in its previous examinations of the case [see 357th Report, para. 1120 and 360th Report, para. 1102].
2. 1093. Hence, in accordance with the applicable procedural rules [see 127th Report, para. 17, approved by the Governing Body at its 184th Session (1972)], the Committee is obliged to present another report on the substance of the case without being able to take into account the information it had hoped to receive from the Government.
3. 1094. The Committee once again reminds the Government 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 ensure respect for this freedom in law and in practice. The Committee is confident that, while this procedure protects governments against unreasonable accusations, they must recognize the importance of formulating, for objective examination, detailed replies concerning allegations made against them [see First Report of the Committee, para. 31].
4. 1095. In general, the Committee notes with deep regret that the Government has still not provided any information whatsoever regarding the five consecutive complaints presented since 2009, which have already been examined in the absence of the Government’s reply and which allege grave violations of freedom of association. The Committee notes with deep regret that the Government continues to fail to comply, despite assurances given to the Chairperson of the Committee at a meeting held in June 2011. The Committee expects the Government to be more cooperative concerning this case. The Committee reminds the Government of the possibility to avail itself of the technical assistance of the Office.
5. 1096. In these circumstances, the Committee finds itself obliged to reiterate its previous recommendations and firmly expects the Government to provide information without delay.

The Committee’s recommendations

1. 1097. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) In general, the Committee notes with deep regret that the Government has still not provided any information whatsoever regarding the five consecutive complaints presented since 2009, which have already been examined in the absence of the Government’s reply and which allege grave violations of freedom of association. The Committee notes with deep regret that the Government continues to fail to comply, despite assurances given to the Chairperson of the Committee at a meeting held in June 2011, and expects the Government to be more cooperative concerning this case.
   • (b) The Committee urges the Government to provide detailed information without delay on the reasons for the disciplinary measures applied against Mr Basila Baelongandi and Mr Bushabu Kwete, CCT union leaders, in June 2008 and January 2009, indicating in particular whether they remain suspended and, if so, why. If it is found that the measures in question were motivated solely by their legitimate trade union activities, the Committee expects that the officials in question will be reinstated without delay and paid the wages arrears and other benefits owed to them, and that the Government will ensure that such acts of anti-union discrimination will not recur in future. If reinstatement is not possible for objective and compelling reasons, the Committee requests the Government to take the necessary measures to ensure that the trade union leaders are paid adequate compensation which would represent a sufficiently dissuasive sanction for anti union discrimination.
   • (c) The Committee requests the Government to provide its observations without delay on the summons issued by the prosecution service for Mr Bushabu Kwete to attend a hearing and, in particular, the reasons for the summons.
   • (d) The Committee, recalling that it is for trade unions to appoint their own representatives on consultative bodies, requests the Government to reply without delay in detail to the complainant’s allegations concerning the appointment of a trade unionist who, according to the complainant, has no union mandate, to the Bonus Allocations Committee.
   • (e) The Committee requests the Government, or the complainant, to provide information on the composition of the bodies within the General Directorate for Administrative, Judicial, Property and Share Revenues (DGRAD) and to clarify the role of the unions in that regard.
   • (f) The Committee reminds the Government of the possibility to avail itself of the technical assistance of the Office.