Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the comments made by the International Trade Union Confederation (ITUC) on 24 August 2010 concerning the application of the Convention which mention the arrest of trade unionists, their torture and ill treatment during their detention and acts of interference in trade union activities. The Committee recalls that the arrest of trade unionists can create an atmosphere of intimidation and fear prejudicial to the normal development of trade union activities and emphasizes the importance of ensuring that trade unionists receive a fair trial in accordance with the principles enshrined in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. The Committee requests the Government to provide its observation in reply to the comments made by the ITUC without delay.

Articles 2 and 5 of the Convention. In its previous comments, the Committee noted that section 1 of the Labour Code excludes from its scope magistrates, career officials in the State public services governed by the general conditions of service and career employees and officials of the State public services governed by specific conditions of service. The Committee requested the Government to provide further information on the trade union rights of these categories of State employees. The Committee also noted that, under section 56 of Act No. 81-003 of 17 July 1981 issuing the conditions of service of career members of the State public services, public officials and employees were affiliated automatically to the then Union of Workers of Zaire (UNTZA). However, pending the amendment of these conditions of service, the Minister for the Public Service had issued Order No. CAB.MIN/F.P./105/94 of 13 January 1994 establishing provisional regulations concerning trade union activities within the public administration, amended by Order No. CAB.MIN/F.P./0174/96 of 13 September 1996. The Committee notes the Government’s indication in its report that the reform of the public administration is still under way and that the draft revised conditions of service of career members of the State public services will shortly be submitted to Parliament. The Committee further notes that the report indicates that trade union pluralism is effective within the public administration and that the rights of public officials are defended within the joint committee composed of representatives of trade unions and the Government. Finally, the Committee notes that the report indicates that the freedom of association of the magistrates governed by specific conditions of service is recognized and that there are trade unions in this sector. The Committee requests the Government to: (i) take the necessary measures to ensure that the reform of the public administration and the revision of the conditions of service of career members of the State public services allow, as soon as possible, all State employees to benefit from the guarantees provided under the Convention; (ii) indicate any developments in this regard in its next report, in particular the repeal of section 56 of Act No. 81‑003; and (iii) provide information in its next report on the instruments governing the special status and trade union rights of magistrates.

Article 3. In its previous comments, the Committee requested the Government to take the necessary measures to facilitate the organization of trade union elections in various branches of activity and to provide specific information on the results of these elections. The Committee notes the Government’s indication in its report that, by means of Circular No. 1 of 20 May 2008, it organized trade union elections for “enterprises and establishments of any kind”, which were held between October 2008 and July 2009. The Committee also notes that a tripartite committee is responsible for counting the votes and determining the most representative trade unions. The Committee recalls that the determination of the most representative trade union should always be based on objective and pre-established criteria so as to avoid any opportunity for partiality or abuse and that verification of the representative character of a union should be carried out by an independent and impartial body. Noting that more than one year has elapsed since the end of these elections, the Committee requests the Government to provide information in its next report on the results of this process.

The Committee raises other points in a request addressed directly to the Government.