Interim Report - Report No 365, November 2012

Case No 2713 (Democratic Republic of the Congo) - Complaint date: 20-APR-09 - Closed

Allegations: Various acts of harassment against the General Secretary of the union and the interruption of the union’s national congress by the police

1. 1279. The Committee last examined this case at its November 2011 meeting, when it presented an interim report to the Governing Body [see 362nd Report, paras 1413–1425, approved by the Governing Body at its 312th Session (2011)].
2. 1280. At its May–June 2012 meeting [see 364th 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, 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. 1281. 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. 1282. In its previous examination of the case in November 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 362nd Report, para. 1425]:
   • (a) The Committee deeply deplores 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 comments and observations on the allegations and its response to the recommendations made by the Committee in its previous examination of the case [see 360th Report, 359th Report and 356th Report para. 5]. The Committee notes with regret that the Government continues to fail to comply, despite assurances given to the President of the Committee at a meeting held in June 2011, and expects the Government to be more cooperative concerning this case and invites it to avail itself of the technical assistance of the Office.
   • (b) The Committee, recalling the principle of the inviolability of trade union premises and property, and in the absence of any reply from the Government, requests the latter to provide its observations on the allegations relating to the forcible entry by the police of SYNECAT premises, and to indicate whether the action taken by the police was based on a judicial warrant.
   • (c) The Committee urges the Government to investigate without delay the allegations concerning the suspension of the SYNECAT General Secretary from his teaching functions following a strike and the retention of his salary for a period of 36 months, to communicate the outcome of the investigations and, if it is found that the union official in question was suspended for having carried out his legitimate trade union activities, to ensure that the salary arrears owed to him are paid.
   • (d) The Committee requests the Government to provide its observations on the allegations of harassment of the SYNECAT General Secretary without delay, to report on the current situation and on the action taken on the matter referred to the Gombe higher court in connection with which he received a summons.

B. The Committee’s conclusions

1. 1283. The Committee once again deeply deplores 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 four urgent appeals, to present its comments and observations on the allegations and its response to the recommendations made by the Committee in its previous examination of the case [see 362nd Report, 360th Report, 359th Report and 356th Report, para. 5].
2. 1284. 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 account of the information it had hoped to receive from the Government.
3. 1285. The Committee 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 brought against them [see First Report of the Committee, para. 31].
4. 1286. The Committee once again notes with deep regret that the Government has still not provided any information whatsoever regarding the five consecutive complaints submitted since 2009, which have already been examined in the absence of a response from the Government, and which allege grave violations of freedom of association. Furthermore, the Committee once again notes with deep regret that the Government continues to fail to comply, despite the assurances given to the Chairperson of the Committee at a meeting held in June 2011, and urges the Government to be more cooperative concerning this case.
5. 1287. The Committee is obliged to reiterate its previous recommendations and firmly expects the Government to provide information without delay, given the gravity of the allegations in this case.
6. 1288. The Committee requests the Government to accept a high-level mission to discuss all the complaints pending before the Committee concerning the Democratic Republic of the Congo.

The Committee’s recommendations

1. 1289. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee once again deeply deplores 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 four urgent appeals, to present its comments and observations on the allegations and its response to the recommendations made by the Committee in its previous examination of the case [see 362nd Report, 360th Report, 359th Report and 356th Report, para. 5]. The Committee notes with regret that the Government continues to fail to comply, despite the assurances given to the Chairperson of the Committee at a meeting held in June 2011, and urges the Government to be more cooperative concerning this case.
   • (b) The Committee, recalling the principle of the inviolability of trade union premises and property, and in the absence of any reply from the Government, once again requests the latter to provide its observations on the allegations relating to the forcible entry by the police onto the SYNECAT premises, and to indicate whether the action taken by the police was based on a judicial warrant.
   • (c) The Committee urges the Government to investigate, without delay, the allegations concerning the suspension of the SYNECAT General Secretary from his teaching functions following a strike and the retention of his salary for a period of 36 months, to communicate the outcome of the investigations and, if it is found that the union official in question was suspended due to his exercise of legitimate trade union activities, to ensure that the salary arrears owed to him are paid in full.
   • (d) The Committee once again requests the Government to provide its observations on the allegations of harassment of the SYNECAT General Secretary without delay, and to report on the current situation and on the action taken regarding the matter referred to the Gombe higher court, which resulted in him receiving a summons.
   • (e) The Committee requests the Government to accept a high-level mission to discuss all the complaints pending before the Committee concerning the Democratic Republic of the Congo.