Interim Report - Report No 365, November 2012

Case No 2797 (Democratic Republic of the Congo) - Complaint date: 22-APR-10 - Follow-up

Allegations: The complainants allege the mass dismissal of trade union officials, managers and employees of the financial authorities following a strike

1. 1290. The Committee last examined this case at its November 2011 meeting, when it presented an interim report to the Governing Body [see 362nd Report, paras 1438–1457, approved by the Governing Body at its 312th Session (2011)].
2. 1291. At its May–June 2012 meeting [see 364th 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, 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.
3. 1292. 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), and the Workers’ Representatives Convention, 1971 (No. 135).

A. Previous examination of the case

1. 1293. In its previous examination of the case in November 2011, 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 362nd Report, para. 1425]:
   • (a) The Committee regrets that the Government has not replied to the complainants’ allegations, even though it has been requested several times, including through an urgent appeal, to present its comments and observations on the case. Noting furthermore that this case is the fifth successive case for which the Government has failed to provide information in reply to the allegations presented, the Committee urges 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 is particularly concerned by the fact that this case concerns the dismissal of a large number of public servants, including many trade union members and officials, and requests the Government to provide, without delay, its observations on the complainants’ allegations. Should it be found that the officials in question were dismissed due to their involvement in a legitimate and peaceful strike, the Committee urges the Government to take any steps that may be necessary to ensure their reinstatement with full payment of back wages. If that is not the case, the Committee requests the Government to provide any information on the reasons for the decision to remove the employees from office, as per Presidential Ordinance No. 10/001 and Ministerial Order No. CAB.MI/FP/MBB/TAS/SDB/185/2009. It also requests the Government to keep it informed of any conclusions reached by the review commission which has examined the appeal against the Ordinance and of any follow-up thereto.

B. The Committee’s conclusions

1. 1294. The Committee once again deeply deplores the fact that, despite the time that has elapsed since the presentation of the complaint in April 2010, the Government has still not replied to the complainant’s allegations, even though it has been requested several times, including through two 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 362nd Report and 360th Report, para. 5].
2. 1295. Hence, in accordance with the applicable procedural rules [see 127th Report, para. 17, approved by the Governing Body at its 184th Session (1972)], the Committee is obliged to present another report on the substance of the case without being able to take account of the information it had hoped to receive from the Government.
3. 1296. 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 this freedom 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 allegations brought against them [see First Report of the Committee, para. 31].
4. 1297. The Committee once again 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 response from the Government, and which allege grave violations of freedom of association. Furthermore, the Committee once again notes with deep regret that the Government continues to fail to comply, despite the assurances given to the Chairperson of the Committee at a meeting held in June 2011, and urges the Government to be more cooperative concerning this case.
5. 1298. The Committee is obliged to reiterate its previous recommendations and firmly expects the Government to provide information without delay, given the gravity of the allegations in this case.
6. 1299. The Committee requests the Government to accept a high-level mission to discuss all the complaints pending before the Committee concerning the Democratic Republic of the Congo.

The Committee’s recommendations

1. 1300. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee regrets that the Government has not replied to the complainants’ allegations, even though it has been requested several times, including through two urgent appeals, to present its comments and observations on the case. The Committee once again 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 response from the Government, and which allege grave violations of freedom of association. Furthermore, the Committee once again notes with deep regret that the Government continues to fail to comply, despite the assurances given to the Chairperson of the Committee at a meeting held in June 2011, and urges the Government to be more cooperative concerning this case.
   • (b) The Committee is particularly concerned by the fact that this case concerns the dismissal of a large number of public servants, including many trade union members and officials, and requests the Government to provide, without delay, its observations on the complainants’ allegations. Should it be found that the officials in question were dismissed due to their involvement in a legitimate and peaceful strike, the Committee urges the Government to take any steps that may be necessary to ensure their reinstatement with full payment of back wages. If that is not the case, the Committee requests the Government to provide any information on the reasons for the decision to remove the employees from office, as per Presidential Ordinance No. 10/001 and Ministerial Order No. CAB.MI/FP/MBB/TAS/SDB/185/2009. It also requests the Government to keep it informed of any conclusions reached by the review commission which has examined the appeal against the Ordinance and of any follow-up thereto.
   • (c) The Committee requests the Government to accept a high-level mission to discuss all the complaints pending before the Committee concerning the Democratic Republic of the Congo.