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.