CMNT_TITLE

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

Other comments on C087

Observation

Direct Request

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Article 3 of the Convention. In its previous comments the Committee asked the Government to take the necessary steps to amend section 11 of Order No. 12/CVAB.MIN/TPS/113/2005 of 26 October 2005, which prohibits striking workers from entering and remaining on work premises affected by the strike. The Committee notes that the Government does not supply any information in this regard.

Moreover, the Committee asked the Government to adopt measures relating to section 326 of the Labour Code and suggested including an additional provision stipulating that penalties against strikers must be proportionate to the offence committed and that no prison sentence shall be imposed unless criminal or violent acts have been committed. The Committee notes the Government’s indication that the amendment of section 326 of the Labour Code as recommended is being approved and will be implemented as part of the revision of the Code.

Furthermore, the Committee notes the Government’s agreement to amend section 28 of Act No. 016/2002 concerning the establishment, organization and functioning of labour tribunals so as to allow recourse to the labour tribunal, should conciliation and mediation procedures have been exhausted, only on the basis of a voluntary decision of the parties to the dispute.

Article 4. The Committee notes the Government’s agreement to amend section 251 of the Labour Code to ensure that the issue of the dissolution of trade union organizations will be regulated by their union constitutions and rules. The Government indicates that the amendment will be undertaken as part of the revision of the Labour Code.

Duly noting the Government’s willingness to amend certain provisions of the Labour Code and of Act No. 016/2002 (concerning the establishment, organization and functioning of labour tribunals) as referred to above in order to bring them into line with the Convention, the Committee trusts that the Government will take the corresponding measures in the very near future. The Committee also requests the Government to indicate the measures taken or contemplated for amending section 11 of Order No. 12/CVAB.MIN/TPS/113/2005 of 26 October 2005.

Lastly, the Committee again requests the Government to send its observations regarding the results of the trade union elections, published via Order No. 0038/CAB/PVPM/ETPS/2010 of 30 August 2010, which were contested by the National Union of Congolese Workers (UNTC) and the Democratic Confederation of Labour (CDT).