Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Democratic Republic of the Congo (Ratification: 1969)

The Committee notes that the Government’s report has not been received.

1. Comments of the Trade Union Confederation of the Congo (CSC, now ITUC, International Trade Union Confederation), the World Confederation of Labour (WCL) and the International Trade Union Confederation (ITUC). The Committee notes with regret that the Government has not replied to the grave issues raised by the ITUC, nor to any of the comments made by the CSC or the WCL concerning: (1) acts of discrimination and anti-union interference in private enterprises (including threats of dismissal against union members despite the fact that section 234 of the Labour Code prohibits acts of anti-union discrimination); (2) the existence of many unions established and financed by employers; and (3) failure to comply with collective agreements. The Committee requests the Government to order independent inquiries into these allegations and to provide specific information on protection against acts of anti-union discrimination in practice (number of complaints made, penalties imposed, duration of procedures, etc.).

2. Article 2 of the Convention. Protection against acts of interference. The Committee noted previously that, according to the Government, the National Labour Council has not yet adopted the draft Order prohibiting acts of interference. The Committee recalled that, although section 235 of the new Labour Code prohibits all acts of interference by organizations of employers and workers in each others’ affairs, section 236 provides that acts of interference must be defined more precisely. The Committee once again requests the Government to send a copy of the Order that is adopted on this issue.

3. Article 6. Collective bargaining in the public sector. The Committee noted previously that section 1 of the Labour Code explicitly excludes from the Code career members of the state public services who are governed by the general conditions of service (Act No. 81-003 of 17 July 1981 issuing the conditions of service of career members of state public services) and career employees and officials of state public services who are governed by specific conditions of service. The CSC indicated in its comments of 31 May 2004 the existence of measures allowing the establishment of mechanisms for the promotion of collective bargaining in the public sector. The Committee noted the Government’s reply concerning the right of public employees not engaged in the administration of the State to engage in collective bargaining, and particularly: (1) the agreement of 11 September 1999 on basic wages concluded by the Government and the unions of the public administration at a meeting of the joint committee; (2) the “social contract for innovation” of 12 February 2004 concluded by the Government and the unions of the public administration; and (3) the agreement concluded by the Government and the unions of the public administration following a strike by SYECO and SYNECAT (education sector) in 2005. The Committee inferred that, in practice, there are wage negotiations and agreements in the public sector and it noted that Act No. 81-003 of 17 July 1981 explicitly provides for the establishment of institutions ensuring the representation of the personnel. Recalling that collective bargaining should be able to cover all working conditions, and taking into account the ITUC’s comments that the Government establishes wages by decree and disregards negotiated agreements, the Committee once again requests the Government to take measures to ensure that the legislation regulates this right, as set out in Articles 4 and 6 of the Convention, for public employees not engaged in the administration of the State.

The Committee hopes that the Government will make every effort to take the necessary measures in the near future.