Democratic Republic of Congo
29.06.00
Urgent Interventions
D.R. Congo: arrests/detentions
Case COD 240702.ESCRC
ECONOMIC, SOCIAL AND CULTURAL RIGHTS CONCERN
The International Secretariat of the OMCT requests your URGENT intervention in the following situation in the Democratic Republic of the Congo.
Brief description of the facts
The International Secretariat of the OMCT has been informed by ASADHO Kinshasa, a member of the OMCT network, of the dismissal of 7 workers and the impending dismissal of a further 10,000 workers by a company called La Gécamines in the Democratic Republic of the Congo.
According to the information received, due to the deteriorated socio-financial situation prevailing at La Gécamines, the workers in the company have accumulated arrears of wages and welfare benefits for the last 19 months, which has been the basis of claims that lead workers to go on strike from May 5th to 27th, 2002. It is reported that without giving satisfaction to employee’s claims, La Gécamines’ authorities suspended and then dismissed some of the workers, including Kadima Ndaya (Matricule A01944/5), Mulamba Mpanga (Matr. 082063/1), Kabwayi Tshikenda (Matr. 077133/8), Ntumba Kavungu (Matr. 07793/1), Kalombo Tshindela (Matr. 107564/0), Bwembia Kakope (Matr. 108.439/3) and Ngoie Tshungu (Matr. 108317/0).
Moreover, it is reported that lump sums are to be granted to the dismissed workers instead of the wage arrears plus pensions, allowances for cancellation of contracts, unpaid holidays, the value of welfare benefits and the cost of repatriation. Whereas the company owes workers average wage arrears of 1.330 US$ for worker in classes 5 to 8, 2.850 US$ for class 4, 4.750 US$ for the of “mastership” class, 9.500 US$ for executives and 19.000 US$ for managers, the amounts being proposed by La Gécamines for compensation are 1.286,00 US$ for classes 5 to 8, 2.000 US$ for class 4, 2.857 US$ for the mastership class and 5.714US$ for the class of executives and managers. According to the information received, these lump sums being proposed by the companies are both insufficient and in violation of the Code of Work and the collective agreement of the company.
Background information
According to the information received, and as denounced by trade union representatives, who have already abundantly expressed their worries concerning this subject to the company’s managers and the country’s authorities, the socio-financial crisis currently being experienced by the firm, which may lead to the dismissal of 10,000 workers, is connected with corrupt practices involving the signature of contracts prejudicial to the interests of the company and its employees, but beneficial to the members of the Congolese Government who initiated them. According to the information received, some of these contracts created new firms with the capital of La Gécamines, the benefits of which were reportedly misappropriated. These contracts include the CMG contract, signed on September 3rd, 1998, between La Gécamines and Ridgepointe Overseas Development Limited and the KMC contract, signed on March 7th, 1998, between companies La Gécamines, Tremalt Limited and the Congolese Government.
Action requested
We request you kindly to write to the authorities in the Democratic Republic of the Congo asking them to:
i. take all necessary measures to guarantee the respect for economic, social and cultural rights and labour rights of the workers at La Gécamines, including the right to work, the right to fair wages guaranteeing a decent living for the workers and their families, the right to form and join trade unions and the right to strike;
ii. establish the responsibilities of the members of the government involved in the above-mentioned case;
iii. ensure respect for human rights and fundamental freedoms all over the country, according to national laws and international standards.
Addresses
Note: In case you have any difficulties getting through to the addresses of the authorities in the Democratic Republic of Congo, please use that pertaining to the Ambassador to the United Nations in Geneva listed first below.
· S.E. l’Ambassadeur de la République démocratique du Congo, Mission permanente de la République démocratique du Congo auprès de l’Office des Nations Unies à Genève, Avenue de Budé 18, 1202, Genève, Suisse, e-mail : mission.rdc@ties.itu.int, fax : +41 22 7401682
· S.E Président Joseph Kabila. Présidence de la République, Kinshasa-Ngaliema, République Démocratique du Congo, Email : upp@ic.cd
· Ministre de la Justice, Ministère de la Justice et Garde des Sceaux, BP 3137, Kinshasa Gombé, République Démocratique du Congo ; Fax : (+243) 880 55 21, E-mail : minjust@yahoo.fr
· Ministre des droits humains, Ministère des droits humains ; Fax : (+243) 12 20 664, E-mail : mindroits_humains@yahoo.fr, Min_droitshumains@yahoo.fr
· Ministre de l’Intérieur, Ministère de l’Intérieur, Fax : 00 243 88 02 042, E-mail : djo@ic.cd
· Ministre de la Défense, Ministère de la Défense, Fax : 00 243 12 20 981, E-mail : ghimasengo@yahoo.fr
· Ministre de la Communication, Ministère de la Communication, Fax : 00 243 12 61 205
· Procureur Général de la République, B.P. : 7016 Kinshasa/Gombe, Fax : 00 243 12 20 843
Please also write to the diplomatic representation of the Democratic Republic of the Congo in your country.
Geneva, 24th July 2002.
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
ECONOMIC, SOCIAL AND CULTURAL RIGHTS CONCERN
The International Secretariat of the OMCT requests your URGENT intervention in the following situation in the Democratic Republic of the Congo.
Brief description of the facts
The International Secretariat of the OMCT has been informed by ASADHO Kinshasa, a member of the OMCT network, of the dismissal of 7 workers and the impending dismissal of a further 10,000 workers by a company called La Gécamines in the Democratic Republic of the Congo.
According to the information received, due to the deteriorated socio-financial situation prevailing at La Gécamines, the workers in the company have accumulated arrears of wages and welfare benefits for the last 19 months, which has been the basis of claims that lead workers to go on strike from May 5th to 27th, 2002. It is reported that without giving satisfaction to employee’s claims, La Gécamines’ authorities suspended and then dismissed some of the workers, including Kadima Ndaya (Matricule A01944/5), Mulamba Mpanga (Matr. 082063/1), Kabwayi Tshikenda (Matr. 077133/8), Ntumba Kavungu (Matr. 07793/1), Kalombo Tshindela (Matr. 107564/0), Bwembia Kakope (Matr. 108.439/3) and Ngoie Tshungu (Matr. 108317/0).
Moreover, it is reported that lump sums are to be granted to the dismissed workers instead of the wage arrears plus pensions, allowances for cancellation of contracts, unpaid holidays, the value of welfare benefits and the cost of repatriation. Whereas the company owes workers average wage arrears of 1.330 US$ for worker in classes 5 to 8, 2.850 US$ for class 4, 4.750 US$ for the of “mastership” class, 9.500 US$ for executives and 19.000 US$ for managers, the amounts being proposed by La Gécamines for compensation are 1.286,00 US$ for classes 5 to 8, 2.000 US$ for class 4, 2.857 US$ for the mastership class and 5.714US$ for the class of executives and managers. According to the information received, these lump sums being proposed by the companies are both insufficient and in violation of the Code of Work and the collective agreement of the company.
Background information
According to the information received, and as denounced by trade union representatives, who have already abundantly expressed their worries concerning this subject to the company’s managers and the country’s authorities, the socio-financial crisis currently being experienced by the firm, which may lead to the dismissal of 10,000 workers, is connected with corrupt practices involving the signature of contracts prejudicial to the interests of the company and its employees, but beneficial to the members of the Congolese Government who initiated them. According to the information received, some of these contracts created new firms with the capital of La Gécamines, the benefits of which were reportedly misappropriated. These contracts include the CMG contract, signed on September 3rd, 1998, between La Gécamines and Ridgepointe Overseas Development Limited and the KMC contract, signed on March 7th, 1998, between companies La Gécamines, Tremalt Limited and the Congolese Government.
Action requested
We request you kindly to write to the authorities in the Democratic Republic of the Congo asking them to:
i. take all necessary measures to guarantee the respect for economic, social and cultural rights and labour rights of the workers at La Gécamines, including the right to work, the right to fair wages guaranteeing a decent living for the workers and their families, the right to form and join trade unions and the right to strike;
ii. establish the responsibilities of the members of the government involved in the above-mentioned case;
iii. ensure respect for human rights and fundamental freedoms all over the country, according to national laws and international standards.
Addresses
Note: In case you have any difficulties getting through to the addresses of the authorities in the Democratic Republic of Congo, please use that pertaining to the Ambassador to the United Nations in Geneva listed first below.
· S.E. l’Ambassadeur de la République démocratique du Congo, Mission permanente de la République démocratique du Congo auprès de l’Office des Nations Unies à Genève, Avenue de Budé 18, 1202, Genève, Suisse, e-mail : mission.rdc@ties.itu.int, fax : +41 22 7401682
· S.E Président Joseph Kabila. Présidence de la République, Kinshasa-Ngaliema, République Démocratique du Congo, Email : upp@ic.cd
· Ministre de la Justice, Ministère de la Justice et Garde des Sceaux, BP 3137, Kinshasa Gombé, République Démocratique du Congo ; Fax : (+243) 880 55 21, E-mail : minjust@yahoo.fr
· Ministre des droits humains, Ministère des droits humains ; Fax : (+243) 12 20 664, E-mail : mindroits_humains@yahoo.fr, Min_droitshumains@yahoo.fr
· Ministre de l’Intérieur, Ministère de l’Intérieur, Fax : 00 243 88 02 042, E-mail : djo@ic.cd
· Ministre de la Défense, Ministère de la Défense, Fax : 00 243 12 20 981, E-mail : ghimasengo@yahoo.fr
· Ministre de la Communication, Ministère de la Communication, Fax : 00 243 12 61 205
· Procureur Général de la République, B.P. : 7016 Kinshasa/Gombe, Fax : 00 243 12 20 843
Please also write to the diplomatic representation of the Democratic Republic of the Congo in your country.
Geneva, 24th July 2002.
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.