Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

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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The Committee notes with regret that the Government’s report has not been received. It also notes that the Government had been requested to provide information to the Committee on the Application of Standards at the 106th Session of the International Labour Conference, owing to the failure to send reports and information on the application of ratified Conventions. Noting that the Government received, in November 2017, technical assistance from the Office and the ILO International Training Centre in this regard, the Committee expects that the Government will be more cooperative in the future in fulfilling its constitutional obligations. The Committee notes the promulgation of Act No. 16/010 of 15 July 2016 amending and supplementing Act No. 015-2002 on the Labour Code.

Article 3 of the Convention. In its previous comments, the Committee requested the Government to take measures 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.

Furthermore, the Committee asked the Government to adopt measures relating to section 326 of the Labour Code and suggested including a 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.

Moreover, the Committee previously noted the Government’s agreement to amend section 28 of Act No. 016/2002 on 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. In its previous comments, the Committee noted 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.

Noting with regret that the above provisions of the Labour Code, despite the adoption of Act No. 16/010 of 15 July 2016 (amending and supplementing the Labour Code), and those of Act No. 016/2002 (on the establishment, organization and functioning of the labour courts) are not yet in line with the requirements of the Convention, the Committee requests the Government to take the necessary measures to amend the legislation in the near future. The Committee also requests the Government to indicate the measures taken or envisaged to amend section 11 of Order No. 12/CVAB.MIN/TPS/113/2005 of 26 October 2005.