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Information System on International Labour Standards

Definitive Report - Report No 81, 1965

Case No 377 (Democratic Republic of the Congo) - Complaint date: 23-FEB-64 - Closed

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  1. 27. The complaint of the International Federation of Christian Trade Unions (I.F.C.T.U.) is contained in a communication dated 23 February 1964 addressed directly to the I.L.O. This was supplemented by a further communication from I.F.C.T.U dated 25 February 1964. In addition, the Congolese workers' organisation mentioned in the I.F.C.T.U's complaint has forwarded to the Office copies of two letters referring to the matters raised in the complaint and addressed respectively to the Minister of Labour of the Central Government and to the Head of the Provincial Government of the Upper Congo.

A. A. The complainants' allegations

A. A. The complainants' allegations
  1. 28. I.F.C.T.U's complaint was transmitted to the Government for its observations by a letter dated 3 March 1964, to which the Government replied by a communication dated 12 May 1964 informing the Director-General that it was inquiring into the facts alleged in the complaint and would pass on the relevant information as soon as it was received.
  2. 29. At its 37th Session in June 1964 the Committee decided to adjourn consideration of the case pending receipt of the information to which the Government had referred. This decision was communicated to the Government by a letter dated 18 June 1964; the Government replied by a communication dated 10 October 1964, which was brought to the Committee's attention at its 38th Session (November 1964).
  3. 30. 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).
  4. 31. The complainants allege that Messrs. Joseph Yengha, Charles Makusa and Jean Lulesungu, all officers of the Union of Congolese Workers, were arrested at Stanleyville following protests by trade unionists against the withdrawal of a sum of about 2,000,000 francs for the payment of allowances to members of the provincial government of Stanleyville.
  5. 32. When the case came before it at its 38th Session in November 1964 the Committee took note of the Government's statement in its communication dated 10 October 1964 to the effect that it had not yet received the information promised, " the lack of contact with the former Eastern Province " making it " impossible to obtain precise information ". The Committee thereupon decided that the Director-General should be asked to request the Government to convey to him as soon as possible the information it had promised to send.
  6. 33. The Committee's request was transmitted to the Government by a letter dated 16 November 1964, to which the Government replied by a communication dated 19 January 1965.
  7. 34. In this communication the Government states that it has managed to get in touch with the Union of Congolese Workers in Stanleyville, which informed it that the arrested trade unionists had been released shortly after being taken into custody, and the Union therefore felt that there was no point in pursuing the complaint further.
  8. 35. The Government adds that the trade union in question nonetheless requested it to draw the attention of the local authorities in Stanleyville to the importance of respecting freedom of association. The Government states that it replied to this request by pointing out that on a number of occasions the Central Government had made an appeal to this very effect to all provincial governments, directed especially at the Government of Stanleyville, and that it would reiterate its appeals at an appropriate moment.

The Committee's recommendations

The Committee's recommendations
  1. 36. In these circumstances the Committee recommends the Governing Body to take note of the statement of the Central Government of the Congo to the effect that it intends to persist in its attempts to ensure that provincial governments maintain respect for freedom of association, and to decide, in view of the fact that the persons mentioned in the complaint were released shortly after their arrest, that the case does not call for further examination.
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