Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

Medical Examination of Young Persons (Non-Industrial Occupations) Convention, 1946 (No. 78) - Cameroon (Ratification: 1970)

The Committee takes note of the Government’s report. It also notes the observations sent on 30 August 2005 by the General Union of Cameroon Workers (UGTC) containing comments on the application of the Convention.

The Committee notes with regret that despite repeated promptings from the Committee, the Government has still not taken legislative measures to give effect to the provisions of the Convention. It expresses the firm hope that the Government will take legislative measures in the near future to apply the provisions of the Convention.

Article 1 of the Convention. Scope of application. In its previous comments, the Committee noted that there were no provisions in the national legislation allowing the Convention to be applied to children and young persons working on their own account, employees or apprentices being covered by the provisions of Order No. 17 of 27 May 1969 and the Labour Code. It also noted that the Government had indicated once again that medical examinations for young persons should be extended to those engaged in own-account activities in the informal economy. The Government indicated in this connection that the municipal authorities in Cameroon had begun to extend medical examinations to a group of workers in the informal economy. The Committee expressed the hope that the Government would take steps to ensure that the Convention was applied both in law and in practice to all young workers covered by the Convention, including those in the informal sector.

The Committee notes that in its comments, the UGTC indicates that provision is made for systematic inspection in the formal sector but that no measures have been taken for young persons in the informal economy despite efforts under way for young people in the context of combating HIV/AIDS. The Committee notes the information sent by the Government on the provisions applying to medical examination for fitness for employment. However, the Committee notes - and the Government indicates in its report - that these provisions apply only to young workers in the formal sector. With regard to young persons working in the informal economy, the Committee notes that, according to the Government, it is very difficult to get them to undergo a medical examination for fitness for employment as it is difficult to exercise any control over employers in the informal economy. The Committee also notes that the Government has requested technical assistance from the ILO in order to identify employers in the informal economy and require them to comply with the regulations in force. The Committee also notes the Government’s statement that Cameroon has just benefited from a SIDA Enterprise project, which will take account of young persons working in enterprises. Those working outside enterprises will benefit from ad hoc activities such as campaigns for awareness raising and voluntary screening.

The Committee reminds the Government that children working on their own account are automatically covered by the Convention (Article 1, paragraph 1). The Government having stated several times that it intends to solve this problem, the Committee trusts that it will take the necessary steps, as a matter of urgency, with assistance from the ILO, to ensure that the Convention applies both in law and in practice to all young workers covered by the Convention, including those in the informal economy. Lastly, the Committee expresses the hope that the Government’s next report will give an account of progress made in this respect.

[The Government is asked to report in detail in 2006.]