Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the information contained in the Government’s report.

It also notes the comments of the International Confederation of Free Trade Unions (ICFTU), dated 31 August 2006, reporting cases of kidnappings and torture, threats, intimidation and harassment against trade unions and other violations of trade union rights. The Committee notes the gravity of the incidents detailed in the information provided by the ICFTU and requests the Government to provide its comments on this subject.

In its previous comments, the Committee noted the allegations made by the Confederation of Trade Unions of Congo (CSC) also relating to the arrest of trade unionists and threats by the public authorities towards trade union delegates, particularly in public enterprises. The Committee notes that in its report the Government confines itself to indicating that measures have been taken so that such cases do not happen again. The Committee recalls that in its previous comments it emphasized the need to open an investigation into the issues raised by the CSC concerning the cases of arrest and detention. It urges the Government to keep it informed in this respect and once again draws the Government’s attention to the fact that the arrest and detention, even for short periods, of trade union leaders and members engaged in their legitimate trade union activities, without any charges being brought and without a warrant, constitute a grave violation of the principle of freedom of association (see General Survey of 1994  on freedom of association and collective bargaining, paragraph 31).

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 of application 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 information on the laws and regulations governing magistrates and career employees and officials of the state public services governed by specific conditions of service so as to ascertain their rights relating to the establishment of organizations. It also asked the Government to provide information on the right to establish organizations of career employees in the state public services governed by the general conditions of service. The Committee notes the Government’s indication in its report that, by virtue of 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 UNTZA (Union of Workers of Zaire). While awaiting the amendment of these conditions of service, the Minister of the Public Service issued Order No. CAB.MIN/F.P./105/94 of 13 January 1994 issuing provisional regulations respecting trade union activities within the public administration. This Order was amended by Order No. CAB.MIN/F.P./0174/96 of 13 September 1996. The Committee notes this information. It requests the Government to provide it with copies of the orders referred to and to take the necessary measures to repeal section 56 of the above Act and to ensure the conformity of the legislation with the provisions of the Convention.

Article 3. In its previous comments, the Committee requested the Government to reinstate trade union elections as soon as possible in enterprises and establishments of all types in the Democratic Republic of the Congo and to keep it informed of the measures adopted in this respect. The Committee notes the Government’s indication in its report that in April 2004 it organized an extraordinary session of the National Labour Council during which a recommendation was formulated calling for an order to be issued lifting the suspension of trade union elections, and that the Council adopted a number of texts, including one establishing the electoral schedule (Ministerial Order No. 12/CAB.MIN/TPS/055 of 12 October 2004). The Committee notes that, based on this Order, trade union elections were held throughout the country between 1 February and 30 April 2005 and that, in view of the high number of enterprises and establishments which did not organize elections, this period was extended until 31 July 2005. The results of the trade union elections were announced on 22 November 2005. However, the Committee notes that, according to the ICFTU, exemptions were granted to certain private communication enterprises, which therefore refused to organize elections. The Committee requests the Government to take measures to ensure that trade union elections are organized in the near future in the sectors referred to by the ICFTU or, if elections were held, to provide specific information regarding the election results..