Observation (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Articles 2 and 5(1) of the Convention. Effective tripartite consultations. The Committee notes the Government’s report received in June 2010. In its previous comments the Committee expressed concern at the fact that the Government had not provided information on the application of the Convention since July 2004 and had emphasized that technical assistance might be useful to rectify the situation. The ILO undertook a mission to Kinshasa in May 2010 precisely for this purpose. The Committee notes with interest the ministerial orders adopted after consultation with the National Labour Council in order to apply the Labour Code, and the reports of extraordinary meetings of the National Labour Council held in July 2005 and March 2008. The Government also indicates that the Standing Committee on Social Dialogue, which was established in September 2007, has provided the social partners with a new forum for discussing key economic and social issues, particularly with regard to the revision of minimum wages. The Committee also notes the fact that the Government forwards to the workers’ and employers’ organizations the documents sent by the ILO for preparing items on the agenda of the International Labour Conference and also the reports on the application of Conventions and Recommendations. The Committee hopes that in its next report the Government will be in a position to announce further progress on tripartite consultations held on each of the matters relating to international labour standards covered by the Convention.

Article 3. Choice of employers’ and workers’ representatives. The Committee notes that the Government organized trade union elections for the fifth time, between October 2008 and July 2009. It requests the Government to indicate in its next report who were the employers’ and workers’ representatives chosen for the purpose of tripartite consultations covered by the Convention and to state the manner in which it was ensured that they were freely chosen by their representative organizations.