Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

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

The Committee notes the observations of the International Trade Union Confederation (ITUC) received on 1 September 2014. The Committee also notes the observations of the General Union of Workers of Cameroon (UGTC) received on 10 October 2014, which refer to restrictions on the right to organize in a number of enterprises specifically named. The Committee urges the Government to provide comments on the questions raised and to take corrective measures and impose appropriate penalties as soon as possible if it is determined that the workers’ right to establish or belong to the organization of their choosing is impeded in some enterprises. Furthermore, the Committee notes the observations from the International Organisation of Employers (IOE) received on 1 September 2014.

Articles 2 and 5 of the Convention. Legislative reform. For many years, the Committee’s comments have referred to the need to:

• -amend Act No. 68/LF/19 of 18 November 1968 (under the terms of which the existence in law of a trade union or occupational association of public servants is subject to prior approval by the Minister of Territorial Administration);
• -amend sections 6(2) and 166 of the Labour Code (which lays down penalties for persons establishing a trade union which has not yet been registered and acting as if the said union had been registered); and
• -repeal section 19 of Decree No. 69/DF/7 of 6 January 1969 (under the terms of which trade unions of public servants may not affiliate to an international organization without obtaining prior authorization).

The Committee notes that the Government refers once again to the legislative reform process which is under way, indicating that the revision of the Labour Code affects also the revision of the other texts under consideration. The Government states that issues concerning the public sector are dealt with in consultation with the public services unions, and that the specific matter of their international affiliation will be settled once the department overseeing all occupational trade unions has determined the legal framework of public officials’ trade unions. Recalling once again that the legislative reform process (regarding revision of the Labour Code, adoption of the Act concerning trade unions, repeal of regulatory texts which are not in conformity with the Convention) began many years ago, the Committee urges the Government to complete this process without any further delay with a view to giving full effect to the provisions of the Convention on the points underlined. The Committee requests the Government to provide detailed information in this regard.

[The Government is asked to reply in detail to the present comments in 2015.]