Allegations: The complainant organizations allege Government interference in
trade union elections in the public administration, intimidation, and the suspension and
detention of union officials at the instigation of the Ministry of Public
Service
- 663. The Committee last examined this case, which was brought by several
public administration trade unions, at its meeting in June 2023 and, on that occasion,
presented another interim report to the Governing Body [see 403rd Report, approved by
the Governing Body at its 348th Session (June 2023), paras 429–437].
- 664. The Committee has been obliged to postpone its examination of this
case twice, in the absence of a reply from the Government. At its meeting in March 2024
[see 405th Report, para. 7], the Committee expressed regret at the continued lack of
cooperation and launched another urgent appeal to the Government, indicating that it
would present a report on the substance of the matter at its next meeting even if the
information or observations requested had not been received in due time. To date, the
Government has not sent the requested information.
- 665. 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
A. Previous examination of the case- 666. When it last examined the case, in June 2023, the Committee made the
following recommendations [see 403rd Report, para 437]:
- (a) The Committee deeply
deplores that, despite the time that has elapsed since the presentation of the
complaint, which concerns events that date back more than ten years, the Government
has still not provided a response to the Committee’s recommendations. The Committee
once again urges the Government to demonstrate greater cooperation in the future.
The Committee once again further urges the complainant organizations to provide all
relevant information concerning the status of the numerous issues raised in this
case.
- (b) The Committee firmly urges the Government to take the necessary
steps without delay to review the contested 2013 decrees of the Ministry of Public
Service in consultation with the relevant workers’ organizations.
- (c) The
Committee can only once again firmly urge the Government to undertake, without
delay, consultations with all the representative workers’ organizations concerned,
including the national inter-union body for the public sector (INSP) and the
Independent Trade Unions of the Public Administration (SIAP), on ways of
representing workers’ interests in collective bargaining in the public
administration. The Committee requests the Government to keep it informed in this
regard.
- (d) The Committee firmly urges the Government to provide the
founding document of the national public administration inter-union association
(INAP) and the handover document between the former inter-union association (INSP)
and the INAP and to report its observations on the matter.
- (e) The Committee
firmly expects that the Government will issue immediate instructions so that trade
union members who are exercising their rightful trade union duties in public
administration cannot be subjected to prejudice in the workplace and so that those
responsible for these acts are punished. Furthermore, the Committee once again urges
the Government to conduct investigations on the mentioned disciplinary action cases
against trade union leaders in order to determine if they were punished for lawfully
exercising their trade union activities and, if appropriate, to award compensation
that sufficiently discourages further disciplinary action.
- (f) Noting that
Mr Muhimanyi and Mr Endole Yalele filed complaints before the appeals court for the
violation of the legal time limit for concluding a disciplinary case, the Committee
once again urges the Government to keep it informed of the result of these
complaints.
- (g) The Committee firmly urges the Government to conduct without
delay an investigation into the circumstances behind the arrest and detention of
trade union leaders in July 2013 and November 2014 and to keep it informed of the
findings and follow-up action.
- (h) The Committee once again urges the
Government to inform it of the follow-up given to the administrative and judicial
appeals brought by the complainants.
- (i) Firmly recalling that trade union
leaders should not be subject to retaliatory measures, and in particular arrest and
detention, for having exercised their rights which derive from the ratification of
ILO instruments on freedom of association, including for having lodged a complaint
with the Committee on Freedom of Association, and underlining the importance of
ensuring that trade union rights can be exercised in normal conditions with respect
for basic human rights and in a climate free of pressure, fear and threats of any
kind, the Committee firmly expects the Government to provide detailed information
without delay on the reasons for and the status of the dismissals and disciplinary
action against the following trade union leaders and members: Mr Nkungi Masewu,
President of SYAPE; Mr Embusa Endole, President of ESPOIR; Mr Gongwaka, trade union
leader; Mr Kaleba, President of the CCT/Finance union committee; and Mr Kalambay,
coordinator of COSSA. Noting with concern that fresh allegations have been made of
harassment of trade union leaders, the Committee urges the Government to provide
information on the situation of Mr Mulanga Ntumba, General Secretary of SAFE, and Mr
Tshimanga Musungay, General Secretary of Trade Union Renewal of the Congo
(RESYCO).
- (j) The Committee firmly expects the Government to provide without
delay detailed information in response to the allegations that trade union leaders
in the public service have been subjected to disciplinary measures, including
dismissal, and particularly on the reasons given to justify the termination in May
2016 of the President of the Union of State Officials and Civil Servants (SYAPE), Mr
Nkungi Masewu.
- (k) Given the difficulty in obtaining the requested
information from both the Government and the complainant organizations, the
Committee recalls its invitation to the Government to accept an advisory mission to
facilitate understanding and resolution of the outstanding issues.
B. The Committee’s conclusions
B. The Committee’s conclusions- 667. The Committee deeply deplores the Government’s total lack of
cooperation with the procedure; despite the time that has elapsed since the presentation
of the complaint, which concerns events that date back more than ten years, the
Government has still not provided a response to the Committee’s recommendations, even
though it has been requested several times to do so, including through urgent appeals,
with a view to obtaining detailed information on the present case.
- 668. Under these circumstances and in accordance with the applicable
procedural rule [see 127th Report, approved by the Governing Body at its 184th Session
(1972), para. 17], the Committee is obliged for the eighth time to present a new report
on the substance of the case without being able to take account of the information that
it hoped to receive from the Government. The Committee also regrets that the complainant
organization has not provided the requested information on the status of the numerous
issues raised in this case.
- 669. The Committee once again 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 of employers and
workers is to promote and ensure respect for this freedom in law and in fact [see
Compilation of decisions of the Committee on Freedom of Association, sixth edition,
2018, para. 3]. 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, 1952, para. 31]. The Committee once
again firmly urges the Government to be more cooperative in the future, especially since
it continues to receive ILO technical assistance.
- 670. Recalling that this case, presented by several public administration
trade unions, concerns the alleged interference, with impunity, of the Government, as
the employer, in trade union activities, particularly intimidation of, and disciplinary
measures against, trade union officials, and the adoption of contentious regulations
concerning the organization of trade union elections in the public administration aimed
at the establishment of an inter-union association (INAP) under the control of the
Government as its sole representative, the Committee is obliged to refer once again to
the conclusions and recommendations it made during the examination of this case at its
meeting in June 2023 [see 403rd Report, paras 429–437]. The Committee once again urges
the complainant organizations to provide all relevant information concerning the status
of the numerous issues raised in this case. Lastly, given the difficulty in obtaining
the requested information from both the Government and the complainant organizations,
the Committee stresses its invitation to the Government to accept an advisory mission to
facilitate understanding and resolution of the outstanding issues.
The Committee’s recommendations
The Committee’s recommendations- 671. In the light of its foregoing conclusions, the Committee invites the
Governing Body to approve the following recommendations:
- (a) The Committee once
again deeply deplores that, despite the time that has elapsed since the presentation
of the complaint, which concerns events that date back more than ten years, the
Government has still not provided a response to the Committee’s recommendations. The
Committee once again firmly urges the Government to demonstrate greater cooperation
in the future. The Committee once again further urges the complainant organizations
to provide all relevant information concerning the status of the numerous issues
raised in this case.
- (b) The Committee once again firmly urges the
Government to take the necessary steps without delay to review the contested 2013
decrees of the Ministry of Public Service in consultation with the relevant workers’
organizations.
- (c) The Committee can only once again firmly urge the
Government to undertake, without delay, consultations with all the representative
workers’ organizations concerned, including the national inter-union body for the
public sector (INSP) and the Independent Trade Unions of the Public Administration
(SIAP), on ways of representing workers’ interests in collective bargaining in the
public administration. The Committee urges the Government to keep it informed in
this regard.
- (d) The Committee once again firmly urges the Government to
provide the founding document of the national public administration inter-union
association (INAP) and the handover document between the former inter-union
association (INSP) and the INAP and to report its observations on the
matter.
- (e) The Committee reiterates that it firmly expects that the
Government will issue immediate instructions so that trade union members who are
exercising their rightful trade union duties in public administration cannot be
subjected to prejudice in the workplace and so that those responsible for these acts
are punished. Furthermore, the Committee once again firmly urges the Government to
conduct investigations on the mentioned disciplinary action cases against trade
union leaders in order to determine if they were punished for lawfully exercising
their trade union activities and, if appropriate, to award compensation that
sufficiently discourages further disciplinary action.
- (f) Noting that Mr
Muhimanyi and Mr Endole Yalele filed complaints before the appeals court for the
violation of the legal time limit for concluding a disciplinary case, the Committee
firmly urges the Government to keep it informed of the result of these
complaints.
- (g) The Committee once again firmly urges the Government to
conduct without delay an investigation into the circumstances behind the arrest and
detention of trade union leaders in July 2013 and November 2014 and to keep it
informed of the findings and follow-up action.
- (h) The Committee firmly
urges the Government to inform it of the follow-up given to the administrative and
judicial appeals brought by the complainants.
- (i) Firmly recalling that
trade union leaders should not be subject to retaliatory measures, and in particular
arrest and detention, for having exercised their rights which derive from the
ratification of ILO instruments on freedom of association, including for having
lodged a complaint with the Committee on Freedom of Association, and underlining the
importance of ensuring that trade union rights can be exercised in normal conditions
with respect for basic human rights and in a climate free of pressure, fear and
threats of any kind, the Committee reiterates that it firmly expects the Government
to provide detailed information without delay on the reasons for and the status of
the dismissals and disciplinary action against the following trade union leaders and
members: Mr Nkungi Masewu, President of SYAPE; Mr Embusa Endole, President of
ESPOIR; Mr Gongwaka, trade union leader; Mr Kaleba, President of the CCT/Finance
union committee; and Mr Kalambay, coordinator of COSSA. Noting with concern that
fresh allegations have been made of harassment of trade union leaders, the Committee
urges the Government to provide information on the situation of Mr Mulanga Ntumba,
General Secretary of SAFE, and Mr Tshimanga Musungay, General Secretary of Trade
Union Renewal of the Congo (RESYCO).
- (j) The Committee reiterates that it
firmly expects the Government to provide without delay detailed information in
response to the allegations that trade union leaders in the public service have been
subjected to disciplinary measures, including dismissal, and particularly on the
reasons given to justify the termination in May 2016 of the President of the Union
of State Officials and Civil Servants (SYAPE), Mr Nkungi Masewu.
- (k) Given
the difficulty in obtaining the requested information from both the Government and
the complainant organizations, the Committee stresses its invitation to the
Government to accept an advisory mission to facilitate understanding and resolution
of the outstanding issues.