Observation (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

The Committee notes with concern that the Government has not provided information on the application of the Convention since its first report received in July 2004. Major changes have occurred in the Democratic Republic of the Congo. In recent years, the Democratic Republic of the Congo has received technical assistance from the ILO and has been a recipient of aid from international financial institutions and international donors assisting in the country’s transitional process towards political and economic stability. The Committee asks the Government to provide up to date and detailed information on the application of the Convention, including information on the manner in which representatives of employers and workers for the purposes of the Convention are chosen (Article 3 of the Convention).

Articles 2 and 5, paragraph 1. Effective tripartite consultations required by the Convention. The Committee recalls its 2004 observation and notes that no effective tripartite consultations have been held on the matters set out in the Convention. The Committee further recalls that Article 2 provides that each Member that ratifies the Convention must undertake to operate procedures which ensure effective consultations with respect to the matters set out in Article 5(1) between representatives of the Government, employers and workers. The nature and the form of procedures are to be determined by each country in accordance with national practice, following consultation with the representative organizations, where such procedures have not yet been established. The Committee trusts that the Government will provide information on how it gives effect to Article 2 and on the content and outcome of tripartite consultations held on each of the matters listed in Article 5(1).

The Committee notes that the preparation of a detailed report, including the indications requested in this observation, will certainly provide the Government and the social partners with an opportunity to ensure the effective implementation of the Convention. In this regard, the Government might wish to request further technical assistance from the relevant units of the ILO to address obstacles in reporting on compliance with Convention No. 144.