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

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.

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

Article 9(1) and (2) of the Convention. Rights arising out of past employment. In its previous comments, the Committee asked the Government to clarify how migrant workers, whose employment contracts are null and void under section 27 of the Labour Code (as a result of not bearing the official stamp of the Ministry of Labour), can assert their rights to pay, social security and other benefits. The Committee notes that the Government indicates once again that the workers concerned can have recourse to the labour inspectorate but states that it does not have any statistical data in this area. It recalls that where the contract of employment of the migrant worker in an irregular situation is null and void, it can result in the migrant worker being unable to ascertain any rights arising out of past employment because of the lack of a contractual basis on which to make a claim (2016 General Survey, Promoting fair migration, paragraph 304). The Committee once again requests the Government to take steps to ensure that migrant workers whose employment contracts have been declared null and void under section 27 of the Labour Code can assert their rights under the same conditions as other migrant workers. In particular, it requests the Government to take steps to ensure that the migrant workers concerned can submit claims not only with the labour inspectorate but also with a court that has competence in social matters. As regards social security rights, the Committee notes that the Government refers to the conclusion of reciprocity agreements with other member States. Recalling that the reciprocity principle does not apply in the context of the application of Article 9 (2016 General Survey, paragraph 312), the Committee urges the Government to take steps to ensure that migrant workers can be affiliated to social security without any condition of reciprocity. In this regard, it also requests the Government to indicate whether the social security rights of migrant workers can be lost as a result of illegal residence.

Article 10. Exercise of trade union rights. In its previous comments, the Committee noted that section 10(2) of the Labour Code provided that foreigners needed to have been resident in the country for at least five years before being permitted to establish a trade union. It asked the Government to take steps to ensure that the trade union rights of foreign workers would be guaranteed on an equal footing with nationals. Noting that the Government does not supply any information on this matter, the Committee once again requests the Government to take measures to this end.

The Committee is raising other matters in a request addressed directly to the Government.

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

The Committee notes that the Government’s report is almost identical to its report submitted in 2010 and contains no reply to its previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows.

Repetition

Article 1 of the Convention. Basic human rights for all migrant workers. The Committee reiterates its request to the Government to indicate the legislative and administrative provisions giving effect to Article 1 of the Convention.

Articles 2 and 3. Measures addressing migration in abusive conditions and the illegal employment of migrants. The Committee notes the Government’s statement that there are only a few migrant workers in an irregular situation and that they mostly work in the informal economy. The Government further states that the organizers of clandestine movements of migrants are apprehended and punished, while migrant workers in an irregular situation are not expelled, unless they present a real danger to the social stability of the country. While noting that the number of migrant workers in an irregular situation may be very low, the Committee nonetheless encourages the Government, with the assistance of the ILO if necessary, to adopt measures to detect systematically whether there are any illegal and clandestine movements of migrants entering or leaving its territory, or whether there are any illegally employed migrant workers. The Committee also requests the Government to indicate the legal and other measures taken against the organizers of such movements, and against employers who employ workers who have migrated in illegal conditions, in accordance with Articles 2 and 3 of the Convention. Please continue to provide information on the progress made in establishing the National Observatory for Employment, and its role in the context of migration.

Article 4. Collaboration between States. The Committee notes the conclusion of the Agreement regarding the management of migration flows between Cameroon and France (21 May 2009). The Committee notes the information in the Government’s report that the social partners are involved in the implementation of projects relating to migration for employment, including 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, IOM and Benin, Mali and Senegal; and the research project on international migration movements and the contribution of the diaspora to the development of Cameroon. The Committee asks the Government to provide information on the implementation of these projects, including in the manner in which they contribute to establishing contact and exchange of information with a view to detecting and eliminating illicit or clandestine movements of migrants for employment.

Article 8. Legal status in the event of loss of employment. The Committee recalls its previous comments in which it asked the Government to specify whether section 7 of Decree No. 90/1246, which was found contrary to Article 8(1) of the Convention, was indeed repealed by Decree No. 2000/286. The Committee notes the Government’s reply that migrant workers whose contracts have expired have not been expelled and their contracts are almost always renewed, except for cases of manifest irregularities non-inherent to their contract of employment. The Committee recalls that, pursuant to Article 8(1), migrant workers should not be regarded as in an irregular situation by the mere fact of the loss of their employment. The Committee asks the Government to provide information on the legal status of migrant workers lawfully in the country who lose their employment before their employment contract has expired, and their right to enjoy equality of treatment with nationals in terms of security of employment, the provision of alternative employment, relief work and retraining. Please confirm that section 7 of Decree No. 90/1246 was indeed repealed, and provide information on the bilateral arrangements concluded between Cameroon and other States regarding the maintenance of residence permits in the event of loss of employment.

Article 9(3). Expulsion. The Committee notes the Government’s statement that there are no legislative provisions regarding the expulsion of migrants in an irregular situation. Recalling the Government’s previous statement that the costs of expulsion will be borne by the employer, the Committee asks the Government to indicate the measures taken or envisaged to ensure that migrant workers and their families do not in practice have to bear the administrative costs of expulsion.

Articles 10 and 12. National policy on equality of opportunity and treatment. The Committee notes the Government’s statement that Cameroon has not yet developed a national migration policy, but that studies on this matter are being conducted by the relevant administrations. The Government adds that the social partners are involved in projects relating to the promotion of equality of opportunity and treatment, and that action has been undertaken to sensitize and raise awareness of the dangers of irregular migration, and the advantages of regular migration for enterprises. The Committee also notes the Government’s very brief indications with respect to Article 12(c) to (f) that policies are also in the process of being developed. The Committee recalls the Government’s obligation to adopt a policy designed to promote equality of opportunity and treatment specifically intended for migrant workers, and requests the Government to ensure that the studies aimed at developing a national migration policy will cover this aspect. Please also provide information on the progress made in pursuing and implementing a national policy on equality in accordance with Articles 10 and 12 of the Convention.

Article 14(c). Restrictions to limited categories of employment. The Committee notes that according to the Government, middle management and supervisory posts, as well as manual work are reserved in priority for Cameroon nationals, while foreign work can occupy senior managerial posts. Recalling that pursuant to Article 14(c) of the Convention the restriction of access to limited categories of employment is allowed where this is necessary in the interests of the State, the Committee asks the Government to provide the reasons for the restrictions imposed on the access of migrant workers to middle management and supervisory posts and to manual work, as well as information, disaggregated by sex and nationality, on the number of nationals and foreign workers occupying these posts.

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

Article 9(1) and (2) of the Convention. Rights arising out of past employment. The Committee previously raised issues relating to the difficulties encountered by migrant workers in claiming their rights arising out of past employment, such as remuneration and social security when their contracts of employment were declared null and void. The Committee notes the Government’s general reply that the labour legislation is rather generous in this regard and that a number of measures have been taken to ensure respect for migrant workers’ rights. The Government also states that according to statistics the number of foreign workers who are illegally employed is very low and that there is no information on the number and nature of the complaints submitted to the labour inspection services by migrant workers in an irregular situation. The Committee draws the Government’s attention to the fact that for the right to equal treatment to be enjoyed in practice, it is important that effective mechanisms are in place to address situations of non-respect of this right, including accessible and effective complaints procedures for migrant workers. The Committee does not consider the low number of complaints to be an indication that such effective mechanisms exist. Recalling the Government’s previous indication that recourse to the labour inspectorate is the only way for workers whose contract has been declared null and void to claim their rights, the Committee urges the Government to examine any obstacles faced by those migrant workers to submit claims to the labour inspectorate in relation to rights derived from past employment, and to provide information on the progress made in this regard. The Committee also, once again, urges the Government to take the necessary legislative measures to ensure that migrant workers who have been unable to regularize their situation are not deprived of their rights that have been lawfully acquired, and that they and their families enjoy equality of treatment with migrant workers lawfully admitted into the country in respect of rights arising out of past employment as regards remuneration, social security and other benefits, in accordance with Article 9(1) and (2) of the Convention. Please provide statistics on the number of migrant workers in an irregular situation, including those migrant workers whose contracts have been declared null and void.

Article 10. Exercise of trade union rights. The Committee recalls that section 10(1) and (2) of the Labour Code provides that foreign nationals are required to have resided for not less than five years in the territory before being allowed to establish a trade union and take positions of responsibility for its administration or leadership. The Committee had requested clarification from the Government regarding whether this requirement also applied to foreign nationals wishing to join a trade union. The Committee notes the Government’s reply that the draft law on trade unions has taken this issue into account. Recalling the Government’s previous statement that membership in a trade union is free for both nationals and migrant workers and that the issue would be addressed in the context of the revision of the Labour Code, the Committee requests the Government to ensure that any future legislation explicitly provides for the right of foreign workers to join a trade union on an equal footing with nationals, without being subject to any residence requirements or other preconditions, and to provide information on any developments in this regard.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 1 of the Convention. Basic human rights for all migrant workers. The Committee reiterates its request to the Government to indicate the legislative and administrative provisions giving effect to Article 1 of the Convention.

Articles 2 and 3. Measures addressing migration in abusive conditions and the illegal employment of migrants. The Committee notes the Government’s statement that there are only a few migrant workers in an irregular situation and that they mostly work in the informal economy. The Government further states that the organizers of clandestine movements of migrants are apprehended and punished, while migrant workers in an irregular situation are not expelled, unless they present a real danger to the social stability of the country. While noting that the number of migrant workers in an irregular situation may be very low, the Committee nonetheless encourages the Government, with the assistance of the ILO if necessary, to adopt measures to detect systematically whether there are any illegal and clandestine  movements of migrants entering or leaving its territory, or whether there are any illegally employed migrant workers. The Committee also requests the Government to indicate the legal and other measures taken against the organizers of such movements, and against employers who employ workers who have migrated in illegal conditions, in accordance with Articles 2 and 3 of the Convention. Please continue to provide information on the progress made in establishing the National Observatory for Employment, and its role in the context of migration.

Article 4. Collaboration between States. The Committee notes the conclusion of the Agreement regarding the management of migration flows between Cameroon and France (21 May 2009). The Committee notes the information in the Government’s report that the social partners are involved in the implementation of projects relating to migration for employment, including 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, IOM and Benin, Mali and Senegal; and the research project on international migration movements and the contribution of the diaspora to the development of Cameroon. The Committee asks the Government to provide information on the implementation of these projects, including on the manner in which they contribute to establishing contact and exchange of information with a view to detecting and eliminating illicit or clandestine movements of migrants for employment.

Article 8. No return in the event of loss of employment. The Committee recalls its previous comments in which it asked the Government to specify whether section 7 of Decree No. 90/1246, which was found contrary to Article 8(1) of the Convention, was indeed repealed by Decree No. 2000/286. The Committee notes the Government’s reply that migrant workers whose contracts have3 expired have not been expelled and their contracts are almost always renewed, except for cases of manifest irregularities non-inherent to their contract of employment. The Committee recalls that, pursuant to Article 8(1), migrant workers should not be regarded as in an illegal situation by the mere fact of the loss of their employment. The Committee asks the Government to provide information on the legal status of migrant workers lawfully in the country who lose their employment before their employment contract has expired, and their right to enjoy equality of treatment with nationals in terms of security of employment, the provision of alternative employment, relief work and retraining. Please confirm that section 7 of Decree No. 90/1246 was indeed repealed, and provide information on the bilateral arrangements concluded between Cameroon and other States regarding the maintenance of residence permit in the event of loss of employment.

Article 9(3). Expulsion. The Committee notes the Government’s statement that there are no legislative provisions regarding the expulsion of migrants in an irregular situation. Recalling the Government’s previous statement that the costs of expulsion will be borne by the employer, the Committee asks the Government to indicate the measures taken or envisaged to ensure that migrant workers and their families do not in practice have to bear the administrative costs of expulsion.

Articles 10 and 12. National policy on equality of opportunity and treatment. The Committee notes the Government’s statement that Cameroon has not yet developed a national migration policy, but that studies on this matter are being conducted by the relevant administrations. The Government adds that the social partners are involved in projects relating to the promotion of equality of opportunity and treatment, and that action has been undertaken to sensitize and raise awareness of the dangers of irregular migration, and the advantages of regular migration for enterprises. The Committee also notes the Government’s very brief indications with respect to Article 12(c) to (f) that policies are also in the process of being developed. The Committee recalls the Government’s obligation to adopt a policy designed to promote equality of opportunity and treatment specifically intended for migrant workers, and requests the Government to ensure that the studies aimed at developing a national migration policy will cover this aspect. Please also provide information on the progress made in pursuing and implementing a national policy on equality in accordance with Articles 10 and 12 of the Convention.

Article 14(c). Restrictions to limited categories of employment. The Committee notes that according to the Government, middle management and supervisory posts, as well as manual work are reserved in priority for Cameroon nationals, while foreign work can occupy senior managerial posts. Recalling that pursuant to Article 14(c) of the Convention the restriction of access to limited categories of employment is allowed where this is necessary in the interests of the State, the Committee asks the Government to provide the reasons for the restrictions imposed on the access of migrant workers, middle management and supervisory posts and to manual work, as well as information, disaggregated by sex and nationality, on the number of nationals and foreign workers occupying these posts.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 9(1) and (2) of the Convention. Rights arising out of past employment. The Committee recalls that, pursuant to Article 9(1) and (2) of the Convention, migrant workers in an irregular situation shall enjoy equality of treatment for themselves and their families in respect of rights arising out of past employment as regards remuneration, social security and other benefits, and shall have the possibility to present their case to a competent body, either themselves or through their representative, in the case of a dispute regarding these rights. The Committee previously raised issues relating to the difficulties encountered by migrant workers whose contracts of employment were declared null and void to claim their rights arising out of past employment, such as remuneration and social security. The Committee considered that the possibility of recourse to labour inspectors did not afford migrant workers adequate protection, in accordance with the terms of Article 9(1) of the Convention. The Committee notes the Government’s reply that recourse to the labour inspectors is the only way for these workers to claim their rights, and that no complaints have been received from migrant workers in an irregular situation. The Committee asks the Government to take the necessary legislative measures to establish that migrant workers who have been unable to regularize their situation are not deprived of their rights that have been lawfully acquired, and that they and their families enjoy equality of treatment with migrant workers lawfully admitted into the country in respect of rights arising out of past employment as regards remuneration and social security. The Government is also requested to examine any obstacles faced by such migrant workers to submit claims to the labour inspectorate in relation to rights derived from past employment and the progress made in this regard.

Article 10. Exercise of trade union rights. The Committee recalls its previous observation requesting clarification as to whether section 10(1) and (2) of the Labour Code providing that foreign nationals are required to have resided for not less than five years in the territory before being allowed to establish a trade union and take positions of responsibility for its administration or leadership, also makes the possibility for foreign nationals to join a trade union subject to this requirement. The Committee notes the Government’s statement that section 10(2) will be addressed in the context of the revision of the Labour Code. Recalling the Government’s previous statement that membership in a trade union is free for both nationals and migrant workers, the Committee requests the Government to ensure that the new Labour Code explicitly provides for the right of foreign workers to join a trade union on an equal footing with nationals, without being subject to any residence requirements or other preconditions.

The Committee is raising other points in a request addressed directly to the Government.

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

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.

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

The Committee notes the Government’s report and the comments transmitted by the General Confederation of Labour – Liberty of Cameroon (CGTL) concerning the application of the Convention, dated 27 August 2007, and the Government’s reply to these comments. In this communication, the CGTL draws attention to the difficulties encountered in Cameroon in the application of Article 9 of the Convention for migrant workers whose contract of employment has been declared void in view of the absence of a visa issued by the Ministry of Labour. The CGTL also emphasizes the requirement of five years’ residence in the country imposed on migrant workers to be able to join a trade union. The CGTL emphasizes the need to amend the Labour Code to bring it into conformity with the Convention. The Committee recalls that these two issues have already been addressed in its previous comments.

Article 9(1). Rights arising out of past employment. In its previous comments, the Committee noted that under section 27 of the Labour Code, contracts of employment of workers of foreign nationality have to be approved by the Ministry of Labour and that the absence of such approval renders the contract null and void. It therefore requested the Government to clarify the manner in which the law of Cameroon establishes that employed migrant workers who leave the country of employment are not deprived of their labour rights which have been lawfully acquired. In this respect, the Committee notes the Government’s indication that any challenge relating to the rights of a migrant worker is referred to the assessment of labour inspectors. The Committee nevertheless considers that the possibility of recourse to labour inspectors does not afford migrant workers adequate protection in accordance with the terms of Article 9(1) of the Convention. The Committee wishes to draw the Government’s attention to the fact that migrant workers in an irregular situation will find it difficult to claim their rights, as the irregular situation may deter them from having recourse to the judiciary for fear of making their situation known to the authorities and hence incurring the risk of being expelled (see General Survey on migrant workers of 1999, paragraph 302). The Committee requests the Government to provide detailed information on the number and nature of complaints submitted by migrant workers in an irregular situation to labour inspectors in relation to the rights deriving from past employment, and on their outcome. The Committee also requests the Government to indicate the other measures, including legislative provisions, which guarantee migrant workers who have not been able to regularize their situation and their families equality of treatment with that of migrant workers lawfully admitted into the country in respect of rights arising out of past employment as regards remuneration and social security.

Article 10.  Exercise of trade union rights. The Committee recalls that, pursuant to section 10(1) and (2) of the Labour Code, foreign nationals are required to have resided for not less than five years in the territory of the Republic of Cameroon before being allowed to promote a trade union or take responsibility for its administration or leadership. The Committee considers that it is not clear from section 10 whether the possibility for foreign nationals to join a trade union is also subject to this requirement. The Government’s statement, according to which membership of a union is free for both nationals and migrant workers, does not provide the necessary clarifications in this respect. The Committee emphasizes in this regard that the Convention does not authorize any restriction on the rights of migrant workers to establish or join a trade union. The Committee therefore requests the Government to clarify the scope of section 10(2) of the Labour Code.

The Committee is raising other points in a request addressed directly to the Government.

[The Government is asked to reply in detail to the present comments in 2010.]

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

The Committee notes the Government’s report, but emphasizes that the more specific reply to its direct request of 2000, which was indicated as being appended to the above report, has not been received. Noting the developments in the regulations respecting the residence conditions for foreign nationals, and particularly Decree No. 2000/286 of 12 October 2000, the Committee draws the Government’s attention to the following points.

1. Articles 2 and 3 of the Convention. The Committee notes the establishment of joint commissions between the administrative authorities of frontier towns with a view to suppressing clandestine migration and the illegal employment of migrant workers. It requests the Government to provide information on the competence, composition and activities of these joint commissions. It also hopes to be kept informed of the surveys carried out by the National Employment Observatory, to which the Government refers in its report.

2. Article 4. The information provided by the Government does not allow the Committee to assess the application of the Convention in practice in relation to this Article. The Committee therefore requests information on the measures adopted at the national and international levels for systematic contact and the exchange of information with other States. The Committee also requests the Government to indicate the extent to which the representative organizations of employers and workers are consulted.

3. Article 8. The Committee notes that, by virtue of section 72 of Decree No. 2000/286 of 12 October 2000, all previous provisions contrary to the present are repealed, including those of Decree No. 90/1246 on the conditions for the entry, residence and departure of foreign nationals. The Committee also notes that, in the first part of its report, the Government indicated that migrant workers can no longer be sent away from Cameroon by reason of loss of employment and that they are treated with flexibility by the emigration and immigration authorities, which give them varying but reasonable periods to place themselves into conformity with the law, either by finding another job or by applying for a visa as self-employed workers. Recalling that the Committee has not received the second part of the Government’s report replying to its previous direct request, the Committee requests the Government to provide additional information on the termination of the employment relationship so as to ensure that migrant workers are not regarded as being in an illegal situation by the mere fact of the loss of their employment, in accordance with Article 8, and to confirm that section 7 of Decree No. 90/1246, noted as being contrary to the above Article of the Convention, is indeed included amongst the provisions repealed by the Decree of 12 October 2000. With reference to its previous comments, the Committee also requests the Government to provide copies of bilateral arrangements concluded between Cameroon and other States on this matter.

4. Article 9, paragraph 1. Under the terms of Article 9, paragraph 1, migrant workers who are employed illegally shall, in cases in which their position cannot be regularized, enjoy equality of treatment for themselves and their families in respect of their rights arising out of past employment as regards remuneration, social security and other benefits. Noting that under section 27 of the Labour Code, contracts of employment for workers of foreign nationality must be approved by the Ministry of Labour and that the absence of approval renders the contract null and void, the Committee wishes to be informed of the manner in which the law of Cameroon establishes that illegally employed migrant workers are not deprived of their rights in respect of the work actually performed (see the 1999 General Survey on migrant workers, paragraph 302).

5. Article 9, paragraph 3. The Committee recalls that its previous comments pointed out that the national legislation must provide that, in case of expulsion of the worker or his family, the cost of the administrative expulsion procedure shall not be borne by the worker. As this issue is not addressed by the Labour Code or Act No. 97/012 on the conditions for the entry, residence and departure of foreign nationals in Cameroon, nor by implementing Decree No. 2000/286, the Committee requests the Government to indicate the measures which have been taken or are envisaged to ensure that migrant workers and their families do not in practice have to bear the administrative costs of expulsion.

6. Articles 10 and 14(a). The Committee once again notes with regret that, under section 10(2) of the Labour Code, foreign nationals are required to have resided for not less than five years in the territory of the Republic of Cameroon before being allowed to join a trade union or to take responsibility for its administration or leadership. The Committee urges the Government to provide information on the reasons for instituting this time limit, which appears to be very long compared to the time limits provided for in Article 14(a).

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

The Committee notes 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 8 of the Convention.  The Committee notes the adoption of Act No. 90-43 and Decree No. 90/1246. It also notes that section 7 of Decree No. 90/1246 is identical to repealed section 3 of Decree No. 80/004 of 7 January 1980, which both the Committee and the Government have indicated was contrary to this Article of the Convention. For many years, the Government has stated its intention to remedy the situation. The Committee again requests the Government to indicate the measures taken or envisaged to bring the legislation into conformity with the Convention.

Meanwhile, the Government has mentioned bilateral arrangements concluded between Cameroon and certain other States which give partial effect to this provision of the Convention in that they do not provide for immediate expulsion of migrant workers having lost their employment. The Committee requests the Government to send it the texts of these arrangements as it has been promising to do since 1988.

Article 9, paragraph 3.  Under section 37 of Decree No. 90/1246, foreigners who are to be expelled under this provision of the Decree shall normally bear the cost of expulsion. However, according to the present provision of the Convention, migrant workers and their families shall not bear the cost of a possible expulsion (i.e. the cost of the administrative procedure leading to expulsion). They may, at most, be required to bear their actual travel costs. The Committee asks the Government to indicate the measures taken or envisaged to ensure that migrant workers and their families shall not be charged with the administrative costs of expulsion.

Articles 10 and 14(a).  Under section 10, subsection 2, of the new Labour Code (Act No. 97/007 of 14 August 1992), aliens shall be required to have resided for not less than five years in the territory of the Republic of Cameroon before being allowed to join a trade union, or to take responsibility for its administration or leadership. The Committee would appreciate receiving information on the reasons for instituting this time-limit, which appears to be very long compared to the time-limits provided for in Article 14(a).

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

Article 8, of the Convention. The Committee takes note of the adoption of Law No. 90-43 and Decree No. 90/1246. It also notes that section 7 of Decree No. 90/1246 is identical to the repealed section 3 of Decree No. 80/004 of 7 January 1980 which the Committee, together with the Government, had identified as being contrary to the present Article of the Convention. For many years, the Government had stated its intention to remedy this situation. The Committee again requests the Government to provide information on it about the measures taken or envisaged to bring the legislation in line with the Convention.

In the meantime, the Government has referred to bilateral agreements between Cameroon and certain other States which give partial effect to this provision of the Convention, as such agreements do not provide for the immediate expulsion of migrant workers who have lost their employment. The Committee requests the Government to provide the texts of such agreements, which it has promised to send since 1988.

Article 9, paragraph 3. Under section 37 of Decree No. 90/1246, foreigners who are to be expelled under this provision of the Decree shall normally bear the cost of expulsion. However, according to the present provision of the Convention, migrant workers and their families shall not bear the cost of a possible expulsion (i.e. the cost of the administrative procedure leading to expulsion). The worker and his family may, at most, be required to bear their actual travel costs. The Committee asks the Government to indicate the measures taken or envisaged to ensure that migrant workers and their families shall not be charged with the administrative cost in cases of expulsion.

Articles 10 and 14(a). Under section 10, subsection 2 of the new Labour Code (Law No. 92/007 of 14 August 1992), aliens shall be required to have resided for not less than five years in the territory of the Republic of Cameroon before being allowed to apply for registration of a trade union, or to take responsibility for its administration or leadership. The Committee would appreciate receiving information on the reasons for instituting this time-limit, which appears to be very extended in the light of the time-limits provided for in Article 14(a).

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

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

Article 8 of the Convention. The Committee notes the adoption of Act No. 90-43 and Decree No. 90/1246. It also notes that section 7 of Decree No. 90/1246 is identical to repealed section 3 of Decree No. 80/004 of 7 January 1980, which both the Committee and the Government have indicated was contrary to this Article of the Convention. For many years, the Government has stated its intention to remedy the situation. The Committee again requests the Government to indicate the measures taken or envisaged to bring the legislation into conformity with the Convention.

Meanwhile, the Government has mentioned bilateral arrangements concluded between Cameroon and certain other States which give partial effect to this provision of the Convention in that they do not provide for immediate expulsion of migrant workers having lost their employment. The Committee requests the Government to send it the texts of these arrangements as it has been promising to do since 1988.

Article 9, paragraph 3. Under section 37 of Decree No. 90/1246, foreigners who are to be expelled under this provision of the Decree shall normally bear the cost of expulsion. However, according to the present provision of the Convention, migrant workers and their families shall not bear the cost of a possible expulsion (i.e. the cost of the administrative procedure leading to expulsion). They may, at most, be required to bear their actual travel costs. The Committee asks the Government to indicate the measures taken or envisaged to ensure that migrant workers and their families shall not be charged with the administrative costs of expulsion.

Articles 10 and 14(a). Under section 10, subsection 2, of the new Labour Code (Act No. 97/007 of 14 August 1992), aliens shall be required to have resided for not less than five years in the territory of the Republic of Cameroon before being allowed to join a trade union, or to take responsibility for its administration or leadership. The Committee would appreciate receiving information on the reasons for instituting this time-limit, which appears to be very long compared to the time-limits provided for in Article 14(a).

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

Article 8, paragraph 1, of the Convention. In the comments it has been making for many years, the Committee has referred to the provisions of section 3 of Decree No. 80/004 of 7 January 1980 laying down that the aliens specified in section 1 of the Decree must leave the national territory if they lose their jobs, which is contrary to the Convention which provides that the loss of employment shall not in itself imply the withdrawal of the migrant workers' authorisation of residence. In reply to these comments, the Government indicates in its report that it agrees with the Committee that Decree No. 80/004 should be brought into line with the Convention. However, the Government repeats that it considers that the settlement of this question depends on the international socio-economic environment, and that certain industrial countries are stepping up protection of their national workforces. The Government indicates that the provisions of section 3 of Decree No. 80/004 are none the less attenuated by reciprocity agreements between Cameroon and certain other States. Since, under the Convention, measures must be taken to ensure that it is applied and that the rights set forth in it are not subject to reciprocity, the Committee again asks the Government to take measures to bring its legislation into conformity with Article 8, paragraph 1, of the Convention. It also recalls that it requested copies of agreements containing reciprocity clauses and again asks the Government to provide them.

Article 10 (in conjunction with Article 12(d) of Part II). In its previous comments the Committee asked the Government to take measures to amend section 30, subsection 3, of the Labour Code which limits the transformation of contracts for a specific duration into contracts of unspecified duration to workers of Cameroon nationality, which is not compatible with the principle of equal treatment in employment laid down in the Convention. In reply, the Government refers to the information supplied under Article 8. The Committee again requests the Government to take steps to ensure that effect is given to Article 10 of the Convention.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

In reply to the Committee's previous direct request, the Government indicates that it has taken due note of the Committee's comments concerning the incompatibility of section 3 of Decree No. 80/004 of 7 January 1980 with Article 8, paragraph 1, and Article 10 of the Convention and that it will supply, in its next report, copies of the bilateral arrangements that it has referred to previously. The Committee notes this statement. It trusts that the Government will indicate in its next report the measures that have been taken to bring the legislation into accordance with the Convention and that it will also supply copies of the relevant bilateral arrangements.