Observation (CEACR) - adoptée 1990, publiée 77ème session CIT (1990)

The Committee notes with regret that the Government's report merely indicates that the question of harmonising the national legislation with the provisions of the Convention will be the subject of a national debate, the conclusions of which will be transmitted in due course.

In the absence of any indication as to whether the situation has evolved in the light of its comments, the Committee must again draw the Government's attention to the following points.

For several years, the Committee has been noting that the legislation establishes a system of trade union monopoly (section 173 of the Labour Code of 1975) reinforced by the check-off system instituted by law to the benefit of a single organisation designated by name.

Under section 173, first-level unions and unions in undertakings are governed by the rules of "the trade union organisation", it being understood from the Government's report for 1979 that this means the Congolese Trade Union Confederation. Furthermore, under Decree No. 73/167 MJT of 18 May 1973, the Congolese Trade Union Confederation receives a percentage of the basic monthly wage, which each worker in the country must pay as trade union dues. As the Committee pointed out earlier, this situation under the law conflicts with Article 2 of the Convention, which guarantees the freedom of workers to establish and join organisations of their own choosing, even if, as the Government has repeatedly stated, the single trade union system results from the common will of the workers and from political, economic and historical development, which the Government has merely confirmed.

The Committee indicated in its 1983 General Survey on Freedom of Association and Collective Bargaining, particularly in paragraphs 134, 136 and 137, that the principle of Article 2 is not intended as an expression of support either for the single trade union system or for that of trade union pluralism but it does at least imply that pluralism must be possible in all cases. The Committee stresses that a situation of de facto trade union monopoly as a result of the will of the workers must not be institutionalised by the law, since the workers must be able to safeguard their freedom to set up, should they so wish, in the future, unions outside the established trade union structure.The Committee trusts that the national debate on the question of trade union monopoly instituted by law will prepare the way for the legislation to be revised to take account of the Committee's comments. The Committee recalls that the Government has already stated its intention to review the question of the institution of the system of deducting trade union dues at source for the Congolese Trade Union Confederation.

The Committee urges the Government to provide information on the measures taken or under consideration to guarantee that all workers have the right to set up trade union organisations of their own choosing outside the existing trade union structure, should they so wish, in accordance with the requirements of Article 2 of the Convention. [The Government is asked to supply full particulars to the Conference at its 77th Session.]