Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Democratic Republic of the Congo (Ratification: 2001)

The Committee notes the comments dated 30 August 2013 from the International Trade Union Confederation (ITUC) concerning the application of the Convention, particularly those reporting acts of interference during the 2013 trade union elections in the education sector. The Committee requests the Government to send its observations on this matter.

Articles 2 and 5 of the Convention. Right to organize in the public service. In its previous comments, the Committee asked the Government to take the necessary steps to ensure that the reform of the public administration and the revision of the conditions of service of career members of the public service enable the guarantees enshrined in the Convention to be afforded to all state employees. The Committee notes the Government’s indication that the reform is still in progress but that the 2013 version of the draft revised conditions of service of career members of the public service has just been approved by the general secretaries of the public administration and will shortly be submitted to Parliament for adoption. The Committee firmly trusts that the Government will provide information in its next report on the adoption of new conditions of service of career members of the public service which secure the rights laid down in the Convention to all state employees.

Furthermore, the Committee previously asked the Government to specify the instrument that safeguards the trade union rights of magistrates. The Committee notes that the Government reiterates that the freedom of association of magistrates is recognized under the provisional Order of 1996 and that magistrates’ trade unions exist. The Committee hopes that, as part of the reform of the public administration, provisions will be adopted that explicitly secure to magistrates the rights laid down in the Convention.

Article 3. Right of foreign workers to hold trade union office. The Committee previously asked the Government to amend section 241 of the Labour Code, which requires a 20-year residence period as a condition of eligibility for a person to be entrusted with the administration and management of a trade union organization. The Committee notes the indication that the matter was discussed at the 30th meeting of the National Labour Council and that on this occasion the tripartite constituents did not approve the Committee’s recommendations. Recalling that national legislation should allow foreign workers to take up trade union office, at least after a reasonable period of residence in the host country (see 2012 General Survey on the fundamental Conventions, paragraph 103), the Committee requests the Government to amend section 214 of the Labour Code taking account of the principle recalled above.

The Committee is raising other points in a request addressed directly to the Government.