Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Labour Clauses (Public Contracts) Convention, 1949 (No. 94) - Cameroon (Ratification: 1962)

The Committee notes the observations of the General Union of Workers of Cameroon (UGTC), received on 17 October 2016, and the Government’s reply, received on 15 February 2017.

Article 1 of the Convention. Scope of application of the Convention. In its previous comments, the Committee noted the Government’s indication that the Public Contracts Code was undergoing revision. The Government indicates in its report that the current legislation in Cameroon does not provide for any exemptions from the application of the Convention. However, it adds that sections 30 and 31 of the Public Contracts Code provide for exceptions, including for contracts relating to national defence, security and the strategic interests of the State. The Committee recalls that the Convention does not envisage any exception of this nature. The Committee trusts that the process of the revision of the Public Contracts Code will be completed rapidly. It requests the Government to provide the Office with a copy of the Public Contracts Code once it has been adopted.

Article 2. Inclusion of labour clauses in public contracts. In its previous comments, the Committee requested the Government to take the necessary measures to ensure the inclusion in all public contracts to which the Convention is applicable of labour clauses in accordance with Article 2 of the Convention and for the enforcement of such clauses in the manner prescribed by Articles 4 and 5 of the Convention. In this context, the Committee notes the observations of the UGTC indicating that no measures have been taken to ensure the inclusion of labour clauses in all public contracts to which the Convention is applicable. In its reply to these observations, the Government indicates that it is aware of the existence of these shortcomings in public contracts. However, it adds that certain measures have been taken for the introduction of provisions respecting the protection of workers. With reference to its previous comments, the Committee once again recalls its General Survey of 2008 on labour clauses in public contracts, paragraph 45, in which it considered that the mere fact that the general labour legislation is applicable to all workers does not release States that have ratified the Convention from their obligation to take the necessary measures to ensure that public contracts, whether for construction works, the manufacture of goods or the supply of services, include the labour clauses provided for in Article 2(1) of the Convention. This is because the general labour legislation only establishes minimum standards, which are often improved by means of collective bargaining or arbitration awards. If this is the case, under the Convention, the workers concerned must enjoy working conditions which are at least aligned with the most advantageous conditions set through collect agreement or arbitral award. The terms of the labour clauses must be determined after consultation with the employers’ and workers’ organizations concerned (Article 2(3)), must be brought to the knowledge of tenderers in advance of the selection process (Article 2(4)) and notices informing workers of their conditions of work must be posted at the workplace (Article 4(a)(iii)). The Committee once again requests the Government to take the necessary measures (legislative, administrative or others) for the inclusion in all public contracts to which the Convention is applicable of labour clauses consistent with the requirements of Article 2 of the Convention and for the enforcement of such clauses in the manner prescribed by Articles 4 and 5 of the Convention.