Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

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

Article 1 of the Convention. Basic human rights of all migrant workers. Recalling the Government’s obligation to respect the basic human rights of all migrant workers, irrespective of their legal situation in the receiving country, the Committee requests it to indicate the legislative and administrative provisions which give effect to Article 1 of the Convention.

Articles 2 and 3. Measures addressing irregular immigration. With regard to the competence and operation of the joint commissions established with a view to eliminating clandestine migration and the illegal employment of migrant workers, the Committee notes the Government’s indication that where a border administrative body detects clandestine migrants, it has to inform the joint commissions which are responsible for finding an appropriate solution to the problem, including the repatriation of workers. In this respect, the Committee reminds the Government that the measures envisaged by the Convention to combat clandestine movements of migrants are primarily targeted at the demand for clandestine labour rather than the supply (see General Survey on migrant workers, 1999, paragraph 338). Noting the Government’s indication that it has no knowledge of the existence on the national territory of illegally employed migrant workers, the Committee recalls that Article 2 of the Convention sets out the obligation for each member State to determine systematically whether there are illegally employed migrant workers on its territory. The Committee hopes that the Government will be in a position to provide information in its next report, disaggregated if possible by sex and nationality, on the following points: (a) illegal or clandestine movements of migrants for employment; (b) the measures taken against the organizers of illicit or clandestine movements of migrants for employment, and against those who employ workers who have immigrated in illegal conditions; and (c) the practical measures adopted by the joint commissions in relation to irregular migrants. The Committee also once again requests the Government to provide information on the surveys carried out by the National Employment Observatory.

Article 4. Collaboration between States. The Committee notes that, according to the Government’s report, the States of Central Africa, including Cameroon, are currently preparing a multilateral cooperation agreement on the trafficking and illicit movement of persons. The Committee requests the Government to provide information on any progress achieved in this respect. It also requests the Government to indicate any other measure adopted at the national and international levels to establish systematic contact and exchange of information with other States with a view to detecting and eliminating illicit or clandestine movements of migrants for employment. Please also indicate the extent to which representative organizations of employers and workers are consulted, particularly in the context of negotiations relating to the multilateral cooperation agreement referred to above.

Article 8. No return in the event of loss of employment. In its previous comments, the Committee indicated that the repeal of section 7 of Decree No. 90/1246 would be contrary to Article 8 of the Convention. In this respect, it notes with regret that the Government has not confirmed whether this provision is among those repealed by Decree No. 2000/286 of 12 October 2000. The Committee also notes the Government’s indication that, in the event of loss of employment, a migrant worker may complain to the labour inspection service, which will resolve the dispute in accordance with the Labour Code (Act No. 92/007). The Committee refers to Paragraph 32 of the Migrant Workers Recommendation, 1975 (No. 151), which provides that a migrant worker who has lodged an appeal against the termination of his or her employment should be allowed sufficient time to obtain a final decision thereon. The same Paragraph adds that if it is established that the termination of employment was not justified, the migrant worker should be entitled to the same remedies as national workers in a comparable situation, or sufficient time to find alternative employment if she or he is not reinstated. The Committee also draws the Government’s attention to Article 8(2) of the Convention, which provides that migrant workers who have been legally resident in the country shall enjoy equality of treatment with nationals in respect of security of employment, the provision of alternative employment, relief work and retraining. The Committee once again requests the Government to specify whether section 7 of Decree No. 90/1246 was repealed by Decree No. 2000/286 and to provide copies of bilateral arrangements concluded between Cameroon and other States relating to the maintenance of the residence permit in the event of loss of employment. Please also indicate how migrant workers in such cases enjoy treatment equal with nationals in the fields mentioned in Article 8(2) of the Convention.

Article 9(3). Expulsion. With regard to the cost of the administrative procedure for expulsion, the Committee notes the Government’s indication that the cost will be borne by the employer of the migrant worker who is expelled. The Committee would be grateful if the Government would provide more precise information on the legislative provisions governing this issue and on the effect given to them in practice.

Articles 10 and 12. Equality of opportunity and treatment. The Committee notes the Government’s statement that there is no specific policy for the promotion of equality of opportunity and treatment for migrant workers in the country, but that the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), ratified by Cameroon, applies to migrant workers. The Committee reminds the Government that Articles 10 and 12 of the Convention establish the obligation to adopt a policy designed to promote equality of opportunity and treatment specifically intended for migrant workers. This obligation goes beyond the obligation deriving from the provisions of Convention No. 111 which do not expressly address discrimination on grounds of nationality, but apply to migrant workers where they are the victims of discrimination on grounds of sex, race, colour, religion, political opinion, national extraction or social origin. The Committee therefore asks the Government to take the necessary measures to give effect to the principle of equality of opportunity and treatment between migrant workers and their families lawfully in the country and nationals in respect of employment and occupation, of social security, of trade union and cultural rights, and of individual and collective freedoms of persons. It also requests the Government to provide information on any progress achieved in this respect.