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

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

The Committee notes that notwithstanding the difficult times the country is going through, the General Labour Inspectorate has managed to produce a report for 2007 on the work of the services under its control containing detailed information and statistics on the subjects listed at Article 21 of the Convention for four of the country’s 11 provinces. It hopes that the central authority will pursue its efforts to gather and analyse data and information on the work of the inspectorate so that the annual report will gradually cover the entire country.

Articles 4, 5, 7, 10, 11, 20 and 21. Decentralized administration and the labour inspectorate. In its previous comments, the Committee took note of the provisions of the Constitution in force since 18 February 2006 providing that with the decentralization of the administration, the central authority would still have sole responsibility for the national public service, the public finances of the Republic and the labour legislation. These provisions being general in nature, the Committee was unable to assess their scope as compared to that of the provisions determining the responsibilities of the provincial authorities. While emphasizing  the importance of the social and economic role played by the labour inspectorate, it reminded the Government of the need to ensure that labour inspectors have a status and conditions of service that take due account of the importance and the specific nature of their duties, including remuneration scales based on criteria related to personal merit. To enable it to keep track of the situation, the Committee asked the Government to indicate how powers were distributed between the central authority and the provincial authorities in terms of the organization and functioning of the labour inspectorate and the appointment of labour inspection staff, and for budgetary decisions on the distribution of the resources needed to carry out this function of the public labour administration. In its report, the Government indicates that it has submitted a Bill on decentralization to Parliament, but states that it is unable to provide the information requested. The Committee notes, however, that Decree No. 08/06 of 26 March 2008 establishes a National Council (CNDM) to implement and monitor the decentralization process in the Democratic Republic of the Congo. It notes that section 12(4) of the Decree provides for a technical unit to assist with decentralization, with responsibility for monitoring the transfer of the financial and human resources allocated to the areas that are of the exclusive competence of the provinces and for the functions of the decentralized territorial entities. Pursuant to Act No. 07/009 of 31 December 2007 establishing the state budget for the 2008 financial year, the Government has undertaken to re-establish state authority over the entire national territory and to back it up with a stringent reform of the public administration with a view to improving the qualitative and quantitative performance of public officials. The Committee would be grateful if the Government would indicate precisely whether, by virtue of the Constitution, labour inspection is considered to be an integral part of the national public service, and asks it to provide a copy of any text or document that would enable the Committee to assess the manner in which effect is given throughout the national territory to the provisions of Articles 4, 5, 7, 10, 11, 20 and 21 of the Convention.

Articles 3(2), 6 and 15(a). Integrity, independence and impartiality of labour inspectors. In its previous comments the Committee noted, in connection with allegations by the Confederation of Trade Unions of Congo (CSC) of corruption among labour inspectors, that the Government had provided no information on the fact that some inspectors have a second occupation and on the lack of transport facilities. However, it notes the Government’s commitment to restructuring the inspection services so as to make them operational and ensure that labour inspectors enjoy a status and conditions of service commensurate with their responsibilities, thereby removing them from any improper external influence, such as might result from a subordinate position in parallel job. The Committee would be grateful if the Government would provide details as to the possibility for labour inspectors to have a second job and the conditions governing such a possibility. The Government is also asked to indicate how it applies in law and in practice its undertaking to improve the status and conditions of service of labour inspectors, and to provide copies of any relevant legislation or document.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.