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

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Cameroon (Ratification: 1962)

The Committee notes the Government’s report. It also notes the comments made by the General Union of Workers of Cameroon (UGTC), dated 7 August 2007, by CGT-Liberté, dated 27 August 2007, and by the International Trade Union Confederation (ITUC), dated 28 August 2007. The Committee observes that the Government merely indicates in reply to these comments that it cannot verify at government level the allegations of anti-union discrimination in certain enterprises. It adds that, for the moment, it is adopting an attitude of neutrality to avoid being accused of interference in the internal affairs of trade unions. The Committee would like to reiterate in this respect that it is the responsibility of the Government to ensure the application of international labour Conventions concerning freedom of association which have been freely ratified and which must be respected by state authorities at all levels. The Committee requests the Government to supply its observations in reply to comments on the lack of true collective bargaining in the country since 1996, on the dismissals and other detrimental measures which affect trade unionists on account of their activities concerning workers’ representation and, more generally, on the allegations of lack of protection of trade union representatives.

Article 1 of the Convention. The Committee recalls that, since the adoption of the Labour Code in 1992, it has been asking the Government to amend or delete section 6(2) and section 166 of the Code, which allow the imposition of fines ranging from 50,000 to 500,000 francs on members responsible for the administration or management of a non-registered trade union who act as if the union had been registered, in breach of Article 1 of the Convention. The Committee notes that the Government, in a communication dated 5 October 2006 in reply to the observations of the International Confederation of Free Trade Unions (ICFTU) concerning the application of Convention No. 87, states that it submitted to the National Assembly a draft act amending the Labour Code which would replace the current system of trade union registration with a system of mere declaration. It also indicates that the adoption of this new system would imply the abolition of the abovementioned sentences and/or fines. The Committee expresses the firm hope that the Government will be in a position to indicate in its next report the progress made in repealing the abovementioned provisions, and that it will send copies of the legislative texts adopted to this end.