Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Democratic Republic of the Congo (Ratification: 2001)

The Committee notes the comments of the Confederation of Trade Unions of the Congo (CSC), supported by the World Confederation of Labour (WCL) and transmitted by the Government in September 2005, concerning, among other matters, the failure to transmit the report on the Convention to trade union organizations. The Committee requests the Government to provide its observations on this subject. Furthermore, it recalls that its previous comments related to the following points.

1. Effective tripartite consultations. The Committee noted from the Government’s previous report that the National Labour Council, a tripartite advisory body, has general competence in the field of labour and that a tripartite committee for the implementation of international labour standards was to be established. It also noted that, since the procedure is in the process of being established, there had not been any consultations on the matters set out in Article 5, paragraph 1, of the Convention. In this respect, the Committee once again draws the Government’s attention to the fact that each Member which ratifies the Convention undertakes to operate procedures which ensure effective consultations on all aspects covered by Article 5. The nature and form of such procedures are to be determined in each country in accordance with national practice, after consultation with the representative organizations, where such procedures have not yet been established. The Committee hopes that the Government will be in a position in its next report to provide information on the operation of procedures established in accordance with Article 2 and on the content of consultations which have been held during the period covered by the next report on each of the matters set out in the Article 5, paragraph 1, indicating their frequency and the nature of any reports or recommendations resulting from these consultations. It also hopes that the Government will be in a position to supply information on the administrative support provided for the procedures envisaged in the Convention (Article 4, paragraph 1) and on any consultations held with the representative organizations concerning the working of the procedures (Article 6). The Committee also requests the Government to provide detailed information on the consultations held in the National Labour Council on the subjects covered by the Convention.

2. Free choice of representatives. With reference to its previous comments and to the recent observations made by the CSC, the Committee requests the Government to describe in its next report the manner in which the representatives of employers and workers are selected for the purposes of the Convention (Article 3, paragraph 1).