drc: protecting workers in kinsasha

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 : [email protected], fax : +41 22 7401682
· S.E Président Joseph Kabila. Présidence de la République, Kinshasa-
Ngaliema, République Démocratique du Congo, Email : [email protected]
· 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 : [email protected]
· Ministre des droits humains, Ministère des droits humains ; Fax :
(+243) 12 20 664, E-mail : [email protected],
[email protected]
· Ministre de l'Intérieur, Ministère de l'Intérieur, Fax : 00 243 88
02 042, E-mail : [email protected]
· Ministre de la Défense, Ministère de la Défense, Fax : 00 243 12 20
981, E-mail : [email protected]
· 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.
Organisation Mondiale Contre la Torture (OMCT)
World Organisation Against Torture (OMCT)
Organización Mundial Contra la Tortura (OMCT)
8 rue du Vieux-Billard
Case postale 21
CH-1211 Geneve 8
Suisse/Switzerland
Tel. : 0041 22 809 49 39
Fax : 0041 22 809 49 29
E-mail : [email protected]
http://www.omct.org