The status regime in the Congolese administration dates back to the colonial period under the colonial period, the administrative staff was governed by a mixed system using both the statute and the contract. There are in fact two distinct statutes, one applying to the metropolitan staff and the other to the auxiliary staff. It was not until 1959 that the administration had a unifying statute; subject to certain reservations, the situation of the agents under the statutes.
The accession of the Congo to international sovereignty certainly constituted a significant change, so that the administration successively underwent reforms in 1963, 1965, 1973 and 1981. Thus, Law No. 81-003 of 17 July 1981, instituting the current statute, has the merit of introducing certain innovations without, however, leaving the franc open to criticism. The Act of 17 July 1981 on the status of public service career personnel in the State dealt with recruitment II. Recruitment is subject to certain conditions of substance and form.
A. Background condition or condition of general admissions
As laid down in Article 8 of the Staff Regulations, these conditions apply to any job: – One must be Congolese: unlike the 1973 statute, which in Article 5 required the possession of the Congolese nationality of origin, the 1981 statute, for its part, opens access to the civil service to Congolese nationalized. – We must enjoy the fullness of civil rights. – You must be of good character – You must have reached the age of 16 and have not reached the age of 30. However, for recruitment to certain special positions and on the decision of the Minister of the Public Service, the status allows this age to be postponed to 35. – The evidence of a recruitment competition must be successfully completed, except in the exceptional case of recruitment under section 91. – To be in good health and to possess physical abilities essential for the functions to exercise. – This is a married woman, having received from the spouse the written authorization to exercise a public office.
B. Substantive conditions or recruitment processes
There are theoretically several recruitment processes. This can indeed be done either by discretionary appointments (but with the risk of favoritism) or by co-optation (also with the risk of patriotism and caste spirit) or end of titles (1). Of all these methods, the law of July 17, 1981 retains only the last two processes, competition and recruitment on title.
1. The contest.
Recall with SA old that a contest brings together a number of candidates and compares their relative value while the exam takes into consideration each particular candidate he appreciates, weighs the knowledge compared to an average determined in advance , representing the threshold of knowledge considered essential in the subjects on which the examination () is concerned. The competition exam, him, associates the two techniques and is in principle a method of selection more severe than a simple contest. The competition exam, him, associates the two techniques and is in principle a method of selection more severe than a simple contest. The law of July 17, 1981 opts for the formula of the examination competition having in its article 10 that “only the candidates having succeeded and having ranked in good order can be named at the end of the contest” and the order of application No. 73-217 of 25 July 1973 on the Regulations for the Recruitment of Public Service Career Personnel of the State specified in Articles 3 and 6 that success in the test is subject to obtaining 60% total points.
ยง 1. Particularity of recruitment in the public administration
Recruitment within the administration sometimes obeys political imperatives. It is a function of political requirements in that, at times, the objective mechanical criteria are weighted or tempered by relatively subjective considerations. The need of the employer institution poses the problem because it looks not only for competence, but also for a person who shares his views and values at the same time in the design of the public service. It’s political weighting. Lack of control, indiscipline, suspicion, local dissatisfaction, conflicts between executives, staff resistance are sometimes due to, among other things, poor recruitment policy, mistrust or competition between agents based on dimensions of representativity mentioned above.
ยง 2. Recruitment in the public administration in the DRC.
The recruitment system in the public administration of the Democratic Republic of Congo tends to be periodically dominated by a certain monolithism in the retention of criteria. He gives varying weight to the political dimension (militarism), the representative dimension (regional quota) and the technical dimension and individual merit. Legally, the Congolese civil service privileges the recruitment system based on the competition (article 8 of the 1981 statute).
Even if the formula has the advantage of giving equal chances to all, the competition system requires some reorganization; it may involve adapting a semi-open recruitment system based on superimposed knowledge and experience gained at work and attested by the listing, or organizing competitions that have passed the competition and whose quotation proved that they were competitive in their respective fields. It would be necessary to add to these criteria other weighting elements such as the interview and the oral and written command of the working language. Consideration may also be given to including merit and institutional values, moral values and social representation in the recruitment and promotion process. The quota system can only be a secondary and temporary palliative that should not be legislated in the public administration.
Apart from these considerations of the norms established by the authority, it may be noted that the public administration has not yet completely abandoned the type of discretionary recruitment based on political considerations. There is, however, a tendency to combine the diploma and recommendations for senior positions. It is interesting to downplay the role of the recommendations. A recommendation is not defined in the Congolese conception as this succinct report, intended to enlighten a third person for the sake of objectivity on the capacity and the personality of the applicant. On the contrary, when it is a recommendation made by an influential authority, it takes on the appearance of an order which the addressee cannot get rid of. When it comes from someone else, it insists on subjective values motivated by kinship ties, royalties, and the exchange of services.