Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143) - Cameroon (Ratification: 1978)

The Committee notes with regret that the Government's report does not provide a reply on any of the points raised in its previous direct request. It hopes that the Government will not fail to supply information shortly on the following points.

Article 8 of the Convention. The Committee notes the adoption of Act No. 90-43 and Decree No. 90/1246. It also notes that section 7 of Decree No. 90/1246 is identical to repealed section 3 of Decree No. 80/004 of 7 January 1980, which both the Committee and the Government have indicated was contrary to this Article of the Convention. For many years, the Government has stated its intention to remedy the situation. The Committee again requests the Government to indicate the measures taken or envisaged to bring the legislation into conformity with the Convention.

Meanwhile, the Government has mentioned bilateral arrangements concluded between Cameroon and certain other States which give partial effect to this provision of the Convention in that they do not provide for immediate expulsion of migrant workers having lost their employment. The Committee requests the Government to send it the texts of these arrangements as it has been promising to do since 1988.

Article 9, paragraph 3. Under section 37 of Decree No. 90/1246, foreigners who are to be expelled under this provision of the Decree shall normally bear the cost of expulsion. However, according to the present provision of the Convention, migrant workers and their families shall not bear the cost of a possible expulsion (i.e. the cost of the administrative procedure leading to expulsion). They may, at most, be required to bear their actual travel costs. The Committee asks the Government to indicate the measures taken or envisaged to ensure that migrant workers and their families shall not be charged with the administrative costs of expulsion.

Articles 10 and 14(a). Under section 10, subsection 2, of the new Labour Code (Act No. 97/007 of 14 August 1992), aliens shall be required to have resided for not less than five years in the territory of the Republic of Cameroon before being allowed to join a trade union, or to take responsibility for its administration or leadership. The Committee would appreciate receiving information on the reasons for instituting this time-limit, which appears to be very long compared to the time-limits provided for in Article 14(a).