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

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

In order to provide an overview of matters relating to the application of the ratified Conventions on migrant workers, the Committee considers it appropriate to examine Conventions Nos 97 and 143 together.

Matters common to the application of Conventions Nos 97 and 143

Statistical data on migration. The Committee notes the Government’s indication that it does not have any statistical data on migration to and from Cameroon. The Government also indicates that it does not have statistics enabling an evaluation of the application of the Conventions in practice, such as data on the numbers of inspections carried out, infringements recorded and penalties imposed. However, the Committee notes the Government’s indication that the National Institute of Statistics (INS) is conducting surveys on migration. The Committee recalls that appropriate data and statistics are crucial in determining the nature of labour migration and inequalities of treatment faced by migrant workers, to set priorities and design measures, and to evaluate their impact (2016 General Survey, Promoting fair migration, paragraph 648). The Committee requests the Government to take steps to collect and analyse relevant data on migration flows to and from Cameroon, and on the situation of migrant workers in Cameroon.

Article 1 of Convention No. 97 and Articles 10 and 12 of Convention No. 143. National migration policy promoting equality of opportunity and treatment. The Committee previously asked the Government to provide information on the implementation of the national migration policy, and on progress made on adopting and implementing a policy designed to promote equality of opportunity and treatment specifically intended for migrant workers. The Committee notes the indications in the Government’s reports that: (1) the Prime Minister’s Office coordinates public migration policies; (2) by an Order of 26 February 2016, a platform for combating irregular migration has been established with the task of formulating a migration policy; and (3) the Government undertakes to incorporate equality of opportunity and treatment in the migration policy which is being prepared. The Committee recalls the vital importance of good governance of international migration, which requires a multi-faceted approach and coherence between different public policies (particularly regarding equality and employment). The Committee requests the Government to provide information on progress made in formulating a national migration policy promoting equality of opportunity and treatment.

Articles 1, 7 and 10 of Convention No. 97 and Article 4 of Convention No. 143. Cooperation between States. The Committee previously asked the Government to provide detailed information on: (1) the implementation of cooperation agreements on migration for employment; and (2) the activities of the National Employment Fund (FNE) regarding cooperation with the employment services of other member States. The Committee notes the Government’s reference in its reports to the following agreements and projects: the project to promote the protection of domestic workers in Cameroon, in cooperation with the International Organization for Migration (IOM); the project on labour migration management, in partnership with the European Union, the IOM, the African Union, Benin, Mali and Senegal; the cooperation agreement on the coordinated management of migration flows between Cameroon and France; and the agreements on the movement of persons concluded with Nigeria, Mali and France. The Committee requests the Government to provide a copy of the agreements concluded on migration, and to indicate whether this has enabled the systematic exchange of information with other States. It also requests the Government to clarify whether the FNE cooperates with the employment services of other member States. Lastly, the Committee requests the Government to clarify whether the social partners are consulted before agreements are concluded.

Article 8 of Convention No. 97 and Article 8 of Convention No. 143. Legal status in the event of incapacity for work or loss of employment. The Committee previously asked the Government to provide information on the legal status of migrant workers admitted to the country on a permanent basis in the event that they are unable to work because of illness or injury (Article 8 of Convention No. 97) and of migrant workers in the event of loss of employment (Article 8 of Convention No. 143). The Committee notes the Government’s indication in its report that the loss of migrant workers’ employment cannot cause the withdrawal of their residence permit or work permit, and that these workers are treated in the same way as nationals. In this regard, the Committee notes that: (1) the Government refers to Act No. 97/012 of 10 January 1997 concerning the conditions of entry, residence and exit for foreigners to and from Cameroon (Act No. 97/012), and also Decree No. 2007/255 of 4 September 2007 establishing the conditions of application of Act No. 97/012 (Decree No. 2007/255); and (2) sections 34 and 39 of Act No. 97/102, which list the grounds for expulsion from the country, do not include incapacity for work or loss of employment in the list. The Committee take note of all this information.

Matters specifically relating to the application of Convention No. 97

Articles 2 and 4. Free service to assist migrants for employment. Measures to facilitate the departure, journey and reception of migrants for employment. The Committee previously asked the Government to provide information on the existence of a free service to assist migrant workers and on any other measures taken to facilitate their departure, journey and reception. The Committee notes the Government’s indication in its report that the FNE facilitates the negotiation of employment contracts between nationals and enterprises in the host country. However, the Committee notes that this information does not make it possible to determine what specific measures of assistance are provided to facilitate the departure, journey and reception of migrant workers. The Committee requests the Government to provide more detailed information on the services provided by the FNE to prospective emigrants (in order to determine whether these services are free of charge, whether they are offered to all nationals wishing to emigrate, and whether the FNE disseminates information on emigration). It also requests the Government to indicate whether a service exists that provides information free of charge to migrants entering Cameroon for employment. Lastly, the Committee requests the Government to provide detailed information on any other measures taken to facilitate the departure, journey and reception of migrants for employment.

Article 3. Measures against misleading propaganda. The Committee previously asked the Government to indicate what measures had been taken to combat the dissemination of misleading propaganda relating to emigration and immigration. The Committee notes the Government’s indications in its report that: (1) awareness-raising campaigns are organized in various media (particularly making use of posters); (2) organizers of irregular movements of foreign workers are arrested; and (3) the Ministry of Employment and Vocational Training supervises the activities of private employment agencies. While noting this information, the Committee requests the Government to provide detailed information on the supervision of private employment agencies (including on licencing or accreditation procedures and any inspections to which they may be liable), and also on penalties imposed when these agencies, other intermediaries or employers disseminate misleading information to migrant workers.

Article 9. Transfer of the earnings and savings of migrant workers. In its previous comments, the Committee noted the Government’s indication that limits to transfers of earnings and savings of migrant workers were established by contractual agreements and it asked the Government to provide information on the limits applied. The Committee notes the Government’s indication that this information is not available. The Committee once again requests the Government to provide information on the limits applied in practice to transfers of the earnings and savings of migrant workers.

Matters specifically relating to the application of Convention No. 143

Article 1. Basic human rights for all migrant workers. In its previous comments, the Committee asked the Government to provide information on the measures taken to ensure respect for the basic human rights of all migrant workers. The Committee notes that the Government’s report does not contain any information on this point. It also notes the concluding observations of the United Nations Human Rights Committee, which expressed concern at reports that refugees and asylum seekers from Nigeria have been ill-treated by the armed forces and that there have been mass forced expulsions of such persons for alleged collaboration with terrorist movements (CCPR/C/CMR/CO/5, 30 November 2017, paragraph 35). Recalling that refugees and displaced persons working outside their country of origin are covered by the Convention, the Committee requests the Government to provide information on the measures taken to ensure respect for the basic human rights of the aforementioned persons.

Articles 2 and 3(a). Measures to suppress clandestine movements of migrants for employment and illegal employment of migrants. The Committee previously asked the Government to provide information on measures to detect illegal and clandestine movements of migrant workers, and on the role of the National Observatory for Employment and Vocational Training (ONEFOP) in the context of migration. The Committee notes the Government’s indication that: (1) ONEFOP plays a key role in this context; (2) statistics on the number of migrant workers subjected to abusive conditions or employed illegally are not available; and (3) a platform for combating irregular migration was established in 2016. The Committee requests the Government to provide detailed information on the activities of ONEFOP and the platform for combating irregular migration in relation to the detection and suppression of clandestine movements of migrants for employment and illegal employment of migrants.

Articles 3(b) and 6. National legislation and penalties. The Committee previously asked the Government to provide information on the measures taken against organizers of clandestine movements of migrants and against employers of workers who have migrated in illegal conditions. The Committee notes the Government’s indication that the national legislation covers the issue of clandestine migration (particularly through Act No. 2011/024 of 14 December 2011 concerning action against trafficking in persons and Act No. 2016/007 of 12 July 2016 issuing the Penal Code), and establishes administrative and criminal penalties in the matter. It also notes the Government indication that statistics on the number and nature of offences recorded and penalties imposed are not available. The Committee requests the Government to take steps to collect data on the number and nature of offences recorded and penalties imposed and applied.

Article 9(3). Costs of expulsion. In its previous comments, the Committee noted the Government’s indication that the costs of expulsion were borne by the employer of the migrant workers concerned, and it asked the Government to indicate the measures taken or envisaged to ensure that migrant workers and their families do not have to bear these costs in practice. The Committee notes that the Government does not provide any information on this point. It also observes that neither Act No. 97/102 nor Decree No. 2007/255 establishes who shall bear the costs of expulsion. The Committee once again requests the Government to indicate whether measures have been taken in this regard.

Article 14(c). Restrictions relating to limited categories of employment. In its previous comments, the Committee noted the Government’s indications that certain posts (in middle management, supervisory posts and manual jobs) are reserved as a priority for Cameroonian nationals. The Committee notes the Government’s indication that these restrictions are no longer applied.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes the observations of the General Union of Workers of Cameroon (UGTC) dated 12 November 2012. The Committee requests the Government to send its comments on this matter.

Article 1 of the Convention. Information on national policies, laws and regulations. The Committee recalls previous trade union observations drawing attention to the absence of specific legislation in Cameroon respecting migrant workers, and the Government’s intention to make progress in the protection of migrant workers. The Committee notes from the Government’s report that the National Employment Fund cooperates with countries in the Maghreb (Morocco and Tunisia), those of West Africa (Benin and Senegal) and certain countries of the European Union to establish a system of circular migration. The Committee notes the cooperation agreement between France and Cameroon regarding management of migration flows, concluded 21 May 2012. The Committee requests the Government to provide further information on the ongoing cooperation regarding circular migration and its impact on the application of the provisions of the Convention. The Committee also requests the Government to provide information on the progress achieved in ensuring legislative protection of migrant workers in Cameroon. Noting that the National Institute of Statistics (NIS) undertakes studies on international labour migration, the Committee requests the Government to provide information on any studies or surveys undertaken by the NIS, including statistical information regarding migration flows in and from Cameroon, disaggregated by sex and country of origin and destination.

Articles 2 and 4. Assistance and services to migrants workers, including accurate information – Measures to facilitate the departure and reception of migrant workers. The Committee notes the general information provided by the Government that certain measures are being taken in the framework of the Economic and Monetary Community of Central Africa (CEMAC). The Government also provides general information on the responsibilities of the various ministries and government institutions concerning labour migration, as well as on the involvement of the social partners in the implementation of labour migration projects. These include the project on the promotion and protection of domestic workers in Cameroon within the Ministry of Labour and Social Security, and the Project on migration management within the Ministry of Employment and Vocational Training in partnership with the European Union, the National Employment Fund, the International Organization for Migration, the African Union, as well as Benin, Mali and Senegal. The Committee recalls Paragraph 5(2) of the Migration for Employment Recommendation (Revised), 1949 (No. 86), providing examples of the types of information that may be of concern to migrants entering or leaving the country for employment. The Committee requests the Government to provide information of the activities of the abovementioned institutions and ministries, in particular the manner in which these give effect to Articles 2 and 4 of the Convention. The Committee also requests the Government to provide further information on the objectives and activities carried out in the context of the abovementioned projects, including information on any measures taken, in cooperation with workers’ and employers’ organizations, to maintain an adequate service, including accurate information, to male and female migrant workers coming to or leaving Cameroon, as well as any measures to facilitate departure and arrival of migrant workers.

Article 3. Misleading propaganda. The Committee notes the general information provided by the Government regarding sanctions imposed on private employment agencies in the case of misleading propaganda. The Committee requests the Government to provide further information on the manner in which supervision of private employment agencies is carried out, as well as information on the specific steps taken to protect migrant workers from misleading information regarding the migration process including information stemming from private employment agencies and other intermediaries as well as prospective employers.

Article 6. Equality of treatment. The Committee notes the Government’s statement that while the Labour Code provides for equality of treatment, its application in practice could be improved. The Committee requests the Government to provide information on the steps taken to improve the practical application of the principle of equality of treatment between migrant and national workers, and the results achieved. The Committee also refers to the comments made under the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143).

Article 7. Employment services. The Committee notes the Government’s statement that the National Employment Fund, which is to ensure cooperation with the migration services of other countries, has been gradually put in place. The Committee requests the Government to continue to provide information on the activities of the National Employment Fund, in particular the manner in which it cooperates with employment services of other States.

Article 8. Maintenance of residence in case of incapacity for work. The Committee notes the Government’s statement that no national legal provisions or jurisprudence exist regarding the right of migrant workers admitted to the country on a permanent basis, and their families, not to 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 take the necessary measures to give effect to Article 8 in law and in practice, and to provide information on any complaints made in this respect to the competent authorities and the outcome thereof.

Article 9. Transfer of the earnings and savings of migrant workers. The Committee recalls the Government’s previous indication that limits to transfers and savings of migrant workers are established in the context of the various contractual agreements, 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. In the absence of any further information on this point, the Committee reiterates its requests to the Government to provide examples of the limits on the transfer of the earnings and savings of migrant workers as established by contractual agreements.

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

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.

 

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information provided by the Government in its report.

1. Article 9 of the Convention. The Committee notes that the Government has not been able to indicate the limits set by national laws and regulations concerning the transfer of the earnings and savings of migrants for employment. It hopes that the Government will make every effort to provide the above information and copies of any relevant texts with its next report.

2. In view of the increasingly important role played by private recruitment agencies in the process of international migration, the Committee requests the Government to indicate the measures which have been taken or are envisaged to regulate the activities of these agencies with a view to protecting migrant workers against abuses and misleading information. Please also indicate the penalties envisaged in the event of violations and misleading propaganda.

3. See the comments under Convention No. 143.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 5 of the Convention.  The Committee notes that the Labour Code of 1992 (Act No. 92/007 of 14 August 1992) does not make explicit provision, unlike section 31 of the Labour Code of 1974, for a free medical examination for migrant workers. It requests the Government to indicate the measures which have been taken or are contemplated to ensure that migrants for employment and the members of their families enjoy adequate medical attention, in accordance with this provision of the Convention.

Article 7.  The Committee requests the Government to provide full information on the cooperation undertaken with other States concerning the employment service and other services connected with migration.

Article 9.  The Committee requests the Government to indicate the limits fixed by national laws and regulations concerning the transfer of the earnings and savings of migrants for employment and, where appropriate, any special arrangements made in this context.

Article 10.  The Committee requests the Government to provide information on any agreement concluded with other States concerning movements of migrants for employment.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the information supplied in the Government's report.

Article 5 of the Convention. The Committee notes that the Labour Code of 1992 (Act No. 92/007 of 14 August 1992) does not make explicit provision, unlike section 31 of the Labour Code of 1974, for a free medical examination for migrant workers. It requests the Government to indicate the measures which have been taken or are envisaged to ensure that migrants for employment and members of their families enjoy adequate medical attention, in accordance with this provision of the Convention.

Article 7. The Committee requests the Government to provide full information on the cooperation undertaken with other States concerning the employment service and other services connected with migration.

Article 9. The Committee requests the Government to indicate the limits fixed by national laws and regulations concerning the transfer of the earnings and savings of migrants for employment and, where appropriate, any special arrangements made in this context.

Article 10. The Committee requests the Government to provide information on any agreement concluded with other States concerning movements of migrants for employment.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes with regret that the Government's report does not contain a reply to any of the points raised in its previous direct request. It hopes that the Government will not fail to supply information on the following points.

Article 5 of the Convention. The Committee notes that the Labour Code of 1992 (Act No. 92/007 of 14 August 1992) does not make explicit provision, unlike section 31 of the Labour Code of 1974, for a free medical examination for migrant workers. It requests the Government to indicate the measures which have been taken or are contemplated to ensure that migrants for employment and the members of their families enjoy adequate medical attention, in accordance with this provision of the Convention.

Article 7. The Committee requests the Government to provide full information on the cooperation undertaken with other States concerning the employment service and other services connected with migration.

Article 9. The Committee requests the Government to indicate the limits fixed by national laws and regulations concerning the transfer of the earnings and savings of migrants for employment and, where appropriate, any special arrangements made in this context.

Article 10. The Committee requests the Government to provide information on any agreement concluded with other States concerning movements of migrants for employment.