The Democratic Republic of Congo (DRC) recently adopted a bill defining the fundamental principles of the right to strike. This bill was brought by the national deputy Guy Mafuta Kabongo, who recalled that the right to strike is a fundamental right allowing workers to express their professional demands without fear of reprisals. However, this right may be subject to abuse, such as strikes with purely political objectives or those which undermine the continuity of public service.
The bill introduces several innovations, in particular the prohibition and lapse of any dismissal following a strike pronounced in the absence of gross negligence and the prohibition of strikes for the military, the police, the personnel of the penitentiary administration and magistrates. It also provides for a minimum service for health personnel and the requisitioning of certain agents in the event of a strike affecting the needs of the population and the continuity of public services.
The bill sparked debates in the National Assembly, where some criticized its failure to take into account Article 39 of the Constitution, which does not explicitly recognize the right to strike. However, she was declared admissible and will be sent to the PAJ commission for grooming.
This legislative initiative is the first of its kind since the country gained independence in 1960, and aims to regulate the exercise of the right to strike in the DRC. It is welcomed positively by the workers of the country but also by the employers who hope that it will put an end to the abuses and the wildcat strikes which can have harmful consequences on the economy of the country.