Definitive Report - Report No 77, 1964

Case No 372 (Democratic Republic of the Congo) - Complaint date: 18-DEC-63 - Closed

1. 27. The complaint by the Union of Congolese Workers is contained in a communication dated 18 December 1963 ; it is supplemented by information in the form of a copy of a letter addressed by the complainant organisation to the Ministry of Labour of the Government of the Congo on 8 January 1964. This complaint was transmitted to the Government for comment on 21 January 1964. The Government furnished its observations in three letters dated 7 and 20 February and 11 May 1964.
2. 28. The Congo (Leopoldville) has ratified neither the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), nor the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. A. The complainants' allegations

1. 29. The complainants allege as follows: that by Presidential Order No. 14/1963 (of which they enclose a copy) the President of the province of Central Kongo has suspended the activities of trade union organisations throughout the province and threatened to imprison any person contravening this decision ; that to ensure respect for the order the territorial administrators of Central Kongo province have sent letters (the complainants enclosed a specimen) to the Union's officials in the province instructing them to close their offices, failing which they would be arrested and detained in the nearest gaol; and that by order of the Provincial Minister of the Interior the said territorial administrators sent a circular (photocopy enclosed by complainants) to every employer in Central Kongo forbidding all contact with the Union.
2. 30. In its communication of 7 February 1964 the Government states that the developments in the situation with regard to trade unions in the province of Central Kongo received the attention of the Ministry of Labour in the Leopoldville Government as soon as they became known; that, since the attitude taken by the provincial authorities was unlawful, the Minister of Labour and Social Welfare went on a tour of the Central Kongo with a view to securing observance of trade union legislation and also requested the Head of the Leopoldville Government to have steps taken as soon as possible which would oblige the Central Kongo provincial authorities to respect the law ; and that accordingly, in a circular addressed to all regional authorities on 22 January 1964, the Prime Minister announced, inter alia, that henceforth action would be taken against any authorities which interfered with freedom of association.
3. 31. In closing, the Government reports that it has just learned that some of the trade unions and other associations affected by the prohibitive measures had resumed their activities and reopened their offices, and that "it therefore seems likely that there will be further favourable developments in this matter".
4. 32. In its second series of observations, dated 20 February 1964, the Government states that all trade union organisations affected by Order No. 14/1963 have resumed their normal activities; their offices are open again, workers and employers have resumed discussions and employers are able to communicate freely, without hindrance, with trade union organisations. The Government adds that " the leaders of the trade union organisations concerned [when] contacted at Leopoldville have expressed their satisfaction".
5. 33. The Government goes on to state that the administrative authorities who came directly within the jurisdiction of the province of Central Kongo had been instructed by the province to lift the restrictions on freedom of association. The Government concludes by saying that it remains for the political authorities of Central Kongo to rescind Presidential Order No. 14/1963 in so far as this relates to occupational associations ; even in the absence of any express abrogation, the order would not be applied by any court of law to which a dispute were referred, for the court would note that it is contrary to the law (Decree of 25 January 1957) and would refuse to apply it by virtue of article 196 of the Constitution, which lays down that " courts and tribunals shall apply ordinances, edicts, regulations, decrees and other said instruments only in so far as they are in conformity with statutory provisions".
6. 34. In its communication dated 11 May 1964 the Government states that, since it furnished its earlier observations, Presidential Order No. 14/1963 has been abrogated.

B. B. The Committee's conclusions

1. 35. It appears from the information provided by the Government first, that the trade union situation in the province of Central Kongo has returned to normal in that the occupational organisations have been able to resume their activities, the local offices have reopened business and contacts between employers and trade unions have been restored ; secondly, that the necessary action has been taken so that such unlawful acts cannot be repeated or at least will incur sanctions ; thirdly, that the order complained of, which embodied a breach of the principle that occupational organisations should not be liable to be suspended by administrative authority, has been formally rescinded.

The Committee's recommendations

1. 36. In these circumstances the Committee recommends the Governing Body:
   • (a) to note, first, that the trade union situation in the province of Central Kongo has returned to normal in that the occupational organisations have been able to resume their activities, the local offices have reopened business and contacts between employers and trade unions have been restored; second, that the necessary action has been taken so that abuses such as those mentioned in the present case cannot be repeated or at least will incur sanctions; thirdly, that Order No. 14/1963 has been formally rescinded;
   • (b) to decide, accordingly, that the case as a whole does not call for further examination.