Observation (CEACR) - adoptée 1993, publiée 80ème session CIT (1993)

The Committee recalls that for several years it has been noting that the legislation provided for a system of trade union monopoly (section 173 of the Labour Code of 1975) reinforced by a check-off system established by legislative means in favour of the Congolese Trade Union Confederation (CSC) (Decree No. 73/167 MJT of 18 May 1973), which restricts the right of workers to establish organizations of their own choosing outside the existing trade union confederation.

The Committee notes with satisfaction that section 25 of the Constitution of 15 March 1992 guarantees all citizens the right to establish and join a party, a trade union and associations. It also notes the information supplied by the Government in its report to the effect that, to facilitate the establishment of pluralist democracy, Decree No. 73/167 of 18 May 1973 establishing the check-off system in favour of only the CSC has been repealed by Decree No. 911672 of 8 June 1991. The Government adds that together with trade union pluralism several trade union organizations have been established and are operating outside the existing trade union structure, and that section 173 of the Labour Code will be revised in line with the observations made by the Committee.

The Committee trusts that the new Labour Code which is currently being prepared will be in accordance with the requirements of the Convention. It requests the Government to keep it informed in its next report of any development in this respect and to supply the text of the draft Labour Code so that it can examine its conformity with the Convention.

The Committee is also addressing a request directly to the Government concnerning the right to organize of seafarers and the question of the check-off.