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

Migration for Employment Convention (Revised), 1949 (No. 97) - Cameroon (Ratification: 1962)

Article 1 of the Convention. Legislative and political developments. The Committee notes the comments transmitted by the General Confederation of Labour – Liberté du Cameroun (CGTL), dated 27 August 2007, relating to the application of the Convention. In its comments, the CGTL draws attention to the absence of specific legislation in Cameroon respecting migrant workers. It also emphasizes that the regulations on this subject are inadequate, particularly with regard to the protection of port workers. The Committee notes the Government’s reply concerning its intention to make progress in the protection of migrant workers, as witnessed by its membership of the International Organization for Migration (IOM). The Committee requests the Government to keep it informed of any progress achieved in ensuring legislative protection of migrant workers, particularly port workers.

Articles 2 and 7. Assistance services for migrant workers. While noting the Government’s indication that the labour inspection services are responsible for providing information relating to employment for all workers, including migrant workers, the Committee observes that the information that migrant workers may need does not necessarily coincide with the information generally supplied to nationals. The Committee therefore draws the Government’s attention to Paragraph 5(2) of the Migration for Employment Recommendation (Revised), 1949 (No. 86), which provides examples of the types of information that may be of concern to migrants. The Committee also reminds the Government that, in light of the increasing feminization of migration and the particularly vulnerable position in which many female migrants can find themselves, information campaigns specifically directed towards women may be appropriate in many cases (see the General Survey on migrant workers, 1999, paragraph 198). The Committee further notes that the National Employment Fund ensures cooperation with the migration services of other countries. The Committee requests the Government to provide information on the measures adopted to give effect to Article 2 of the Convention. Please also indicate with which countries the National Employment Fund engages in cooperation with the employment services in relation to migration and provide information on the measures adopted in this respect.

Article 3. Misleading propaganda. In its previous comments, the Committee raised the issue of the supervision to be carried out in relation to private recruitment agencies with a view to protecting migrant workers against abuses and misleading information. The Committee notes that, according to the Government’s report, private employment agencies are subject to the systematic supervision of the employment services. The Committee requests the Government to provide detailed information on the manner in which such supervision is carried out, including the penalties applied to private employment agencies in the event of misleading propaganda.

Article 6. Equality of treatment. The Committee notes the Government’s indication that the Labour Code applies to both nationals and migrant workers. The Committee asks the Government to provide detailed information on the application of the principle of equality of treatment between migrant and national workers in practice. The Committee also refers to the comments made under the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143).

Article 8. Maintenance of residence in the event of incapacity for work. The Committee reminds the Government that migrant workers admitted to the country on a permanent basis and their families shall not be returned to their territory of origin or the territory from which they emigrated because the migrant is unable to follow his or her occupation by reason of illness contracted or injury sustained. The Committee urges the Government to provide information on the effect given to Article 8 in practice, including any complaints made in this respect to the judicial authorities and their final rulings.

Article 9. Transfer of the earnings and savings of migrant workers. With reference to its previous comments concerning the transfer of the earnings and savings of migrant workers, the Committee notes that, according to the Government’s report, limits to such transfers are established in the context of the various contractual agreements. These limits are established taking into account the cost of living in the country so as to ensure that the workers have the necessary means to meet their needs and those of their families. The Committee requests the Government to provide examples of these limits on the transfer of the earnings and savings of migrant workers as established by contractual agreements.