Interim Report - Report No 362, November 2011

Case No 2713 (Democratic Republic of the Congo) - Complaint date: 20-APR-09 - Closed

Allegations: Various acts of harassment against the General Secretary of the union and the interruption of the union’s national congress by the police

1. 1413. The Committee last examined this case at its meeting in June 2010, when it presented an interim report to the Governing Body [see 357th Report, approved by the Governing Body at its 308th Session (2010), paras 1088–1103].
2. 1414. The complainant submitted additional comments in a communication dated 10 March 2011.
3. 1415. At its meeting in June 2011 [see 360th Report, para. 5], the Committee made an urgent appeal to the Government, indicating that, in accordance with the procedural rules set out in paragraph 17 of its 127th Report, approved by the Governing Body (1972), it could present a report on the substance of the case at its next meeting, even if the requested information or observations had not been received in time. To date, the Government has not sent any information.
4. 1416. The Democratic Republic of the Congo has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), as well as the Workers’ Representatives Convention, 1971 (No. 135).

A. Previous examination of the case

1. 1417. In its previous examination of the case in June 2010, deploring the fact that despite the time that had elapsed, the Government had not provided any information on the allegations, the Committee made the following recommendations [see 357th Report, para. 1103]:
   • (a) The Committee regrets that the Government has not replied to the complainant’s allegations, despite having been invited on a number of occasions, including by means of an urgent appeal, to present its comments and observations on this case. The Committee urges the Government to be more cooperative in the future.
   • (b) The Committee, recalling the principle of the inviolability of trade union premises and property, and in the absence of any reply from the Government, requests the latter to provide its observations on the allegations relating to the forcible entry by the police of SYNECAT premises, and to indicate whether the action taken by the police was based on a judicial warrant.
   • (c) The Committee urges the Government to investigate without delay the allegations concerning the suspension of the SYNECAT General Secretary from his teaching functions following a strike and the retention of his salary for a period of 12 months, to communicate the outcome of the investigations and, if it is found that the union official in question was suspended for having carried out his legitimate trade union activities, to ensure that the salary arrears owed to him are paid.
   • (d) The Committee requests the Government to provide its observations on the allegations of harassment of the SYNECAT General Secretary without delay, to report on the current situation and on the action taken on the matter referred to the Gombe higher court in connection with which he received a summons.

B. New allegations from the

• complainant organization
  1418. 1418 Regarding allegations of the suspension of the General Secretary of the National Union of Teachers in registered Schools (SYNECAT), from his teaching functions following a strike, and the retention of his salary for a period of 12 months, in its communication dated 10 March 2011, the complainant organization states that, despite an intervention made by the President of the National Assembly in October 2010, a copy of which was submitted by the complainant for reference, the salary of the General Secretary of SYNECAT is still being withheld 36 months later.

C. The Committee’s conclusions

1. 1419. The Committee deeply deplores that, despite the time that has elapsed since the presentation of the complaint in April 2009, the Government has still not replied to the complainant’s allegations, even though it has been requested several times, including through three urgent appeals, to present its comments and observations on the allegations and its response to the recommendations made by the Committee in its previous examination of the case [see 360th Report and 359th Report and 356th Report, para. 5].
2. 1420. Hence, in accordance with the applicable procedure rules [see 127th Report, para. 17, approved by the Governing Body at its 184th Session (1972)], the Committee is obliged to present another substantive report on the case without being able to take into account the information it had hoped to receive from the Government.
3. 1421. The Committee reminds the Government that the purpose of the whole procedure established by the International Labour Organization for the examination of allegations of violations of freedom of association is to ensure respect for trade union rights in law and in practice. The Committee is confident that, while this procedure protects governments against unreasonable accusations, they must recognize the importance of formulating, for objective examination, detailed replies concerning the allegations brought against them [see First Report of the Committee, para 31].
4. 1422. The Committee notes with deep regret that the Government has still not provided any information whatsoever regarding the five consecutive complaints submitted since 2009, which have already been examined in the absence of a Government’s response, and which allege grave violations of freedom of association. The Committee notes with regret that the Government continues to fail to comply, despite assurances given to the Chairperson of the Committee at a meeting held in June 2011, and expects the Government to be more cooperative concerning this case and invites it to avail itself of the technical assistance of the Office.
5. 1423. Regarding allegations of the suspension of the General Secretary of SYNECAT from his teaching functions following a strike, and the retention of his salary for a period of 12 months, the Committee notes that, in its communication dated 10 March 2011, the complainant organization states that, despite an intervention made by the President of the National Assembly in October 2010, a copy of which was submitted by the complainant for reference, the salary of the General Secretary of SYNECAT is still being withheld 36 months later.
6. 1424. The Committee considers itself obliged to reiterate its previous recommendations, and fully expects the Government to provide information without delay, given the gravity of the allegations in this case.

The Committee's recommendations

1. 1425. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee deeply deplores that, despite the time that has elapsed since the presentation of the complaint in April 2009, the Government has still not replied to the complainant’s allegations, even though it has been requested several times, including through three urgent appeals, to present its comments and observations on the allegations and its response to the recommendations made by the Committee in its previous examination of the case [see 360th Report, 359th Report and 356th Report para. 5]. The Committee notes with regret that the Government continues to fail to comply, despite assurances given to the President of the Committee at a meeting held in June 2011, and expects the Government to be more cooperative concerning this case and invites it to avail itself of the technical assistance of the Office.
   • (b) The Committee, recalling the principle of the inviolability of trade union premises and property, and in the absence of any reply from the Government, requests the latter to provide its observations on the allegations relating to the forcible entry by the police of SYNECAT premises, and to indicate whether the action taken by the police was based on a judicial warrant.
   • (c) The Committee urges the Government to investigate without delay the allegations concerning the suspension of the SYNECAT General Secretary from his teaching functions following a strike and the retention of his salary for a period of 36 months, to communicate the outcome of the investigations and, if it is found that the union official in question was suspended for having carried out his legitimate trade union activities, to ensure that the salary arrears owed to him are paid.
   • (d) The Committee requests the Government to provide its observations on the allegations of harassment of the SYNECAT General Secretary without delay, to report on the current situation and on the action taken on the matter referred to the Gombe higher court in connection with which he received a summons.