Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Cameroon (Ratification: 1960)

The Committee takes note of the Government’s report. It notes the Government’s indications replying to the observations received in 2006 from the General Confederation of Labour – Liberty of Cameroon (CGT–Liberté) and the International Confederation of Free Trade Unions (ICFTU), now the International Trade Unions Confederation (ITUC), which concerned restrictions on the process of establishing trade union organizations, including the requirement for government authorization, and the prohibition for unions to organize their activities within the National Centre for Studies and Experiments in Agricultural Mechanization (CENEEMA). In this respect, the Government indicates that the CENEEMA was merely reminded to comply with the obligation to register set out in the Labour Code until such time as the legislative provisions in question, which are currently being revised, are brought fully into conformity with the Convention. The Government adds that the initiation of an ILO project (PAMODEC) in 2007 will help it to address the difficulties identified and to better apply the Convention.

The Committee also notes the comments made by the General Union of Workers of Cameroon (UGTC), dated 7 August 2007, CGT–Liberté dated 27 August 2007 and the ITUC dated 28 August 2007 concerning the dismissal of 163 workers from the enterprise DTP Terrassement for calling a strike; the arrest and imprisonment of Barnabé Paho of the Confederation of Cameroon Trade Unions; the dismissal of Jean Marie N’Di, Secretary-General of the Federation of Health, Pharmaceutical and Allied Unions (FESPAC), due to his trade union activities; the difficulties involved in the organization of elections for staff delegates in several enterprises; and the need to amend the procedure for the registration of unions. The Committee requests the Government to provide its comments on all these observations in its next report.

Article 2 of the Convention. The Committee has been recalling for many years that Act No. 68/LF/19 of 18 November 1968, under which the existence in law of a trade union or occupational association of public servants is subject to prior approval by the Minister for Territorial Administration, section 6(2) of the Labour Code of 1992, under which persons forming a trade union which has not yet been registered and who act as if the said union has been registered shall be liable to prosecution, and section 166 of the Labour Code, establishing heavy fines, are all in contradiction with Article 2 of the Convention. With regard to the provisions of the Labour Code, the Committee notes the Government’s indication, in its reply to the ICFTU’s observations, that it has submitted a Bill to the National Assembly to amend the Labour Code which would replace the current system for the registration of unions by a system consisting of mere notification. It adds that the adoption of this new system would imply the elimination of penalties and/or fines in the event of the violation of the law. The Committee trusts that the Government will be in a position to indicate in its next report the progress achieved in this respect. It also requests the Government to take the necessary measures without delay to amend Act No. 68/LF/19 so as to guarantee public servants the right to establish organizations of their own choosing without prior authorization and to provide a copy of the legislative texts in question.

Article 5. Prior authorization for affiliation to an international organization. The Committee has been pointing out for several years that section 19 of Decree No. 69/DF/7 of 6 January 1969, which provides that trade unions or associations of public servants may not join a foreign occupational organization without obtaining prior authorization from the minister responsible for “supervising public freedoms”, is inconsistent with Article 5 of the Convention. Recalling that Article 5 guarantees all occupational organizations the right to affiliate freely with international organizations of workers and employers, the Committee regrets to note that the provision in question has still not been repealed despite the assurances in this respect given by the Government in previous reports. The Committee once again urges the Government to amend the legislation as soon as possible so as to remove the requirement of prior authorization for the affiliation of trade unions of public servants to an international organization.

Emphasizing that many of the issues referred to above have been raised for very many years, both by the Committee of Experts and by the Conference Committee on the Application on Standards, the Committee urges the Government to lift all obstacles to the full exercise of freedom of association without further delay by adopting the necessary amendments to the legislation and ensuring that they are given full effect in practice. The Government is requested to provide copies of all legislative texts adopted in this respect.

Other issues

With regard to the situation of the trade unionist Mr B. Essiga, the Committee requests the Government to provide information in its next report on developments in the judicial procedures against the latter and to provide a copy of any ruling handed down.