Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Cameroon (Ratification: 1962)

Individual Case (CAS) - Discussion: 1994, Publication: 81st ILC session (1994)

See under Convention No. 87, as follows:

A Government representative of Cameroon considered the report of the Committee of Experts to be constructive. With regard to Convention No. 87, she stated that Act No. 68/LF/19 dated 18 November 1968 making the legal existence of a trade union of public servants subject to the prior authorization of the Minister of Territorial Administration was to be repealed, to conform to Article 2 of the Convention. Draft legislation had been sent to the Prime Minister for submission to the National Assembly. While awaiting the promulgation of this Act, and in order to show the good faith of the authorities, she cited the decision of 11 May 1994 which recognized the national trade union of officials of the civil and financial services. She referred to a letter of the Executive Secretary-General of this trade union which expressed its appreciation of this recognition. In addition, teachers, who formed a trade union that was not presently recognized, could join this trade union because they were officials of the civil service. With regard to teachers engaged on a contractual basis, they could join the national trade union for contractual workers and state agents pursuant to the Labour Code. She indicated that Cameroon was not opposed to the creation of trade unions, as the matter of the unrecognized trade union concerned simply a question of legality, and that meanwhile the Government noted the observations of the Committee of Experts regarding the Act of 1968. With reference to section 6(2) of the Labour Code making the legal existence of a trade union subject to registration, she stated that, as her Government had already reiterated, it was a matter of a simple formality that existed for all civil acts such as the creation of commercial companies requiring a registration number at the commerce registry and thus granting them a legal status. With regard to trade unions, this formality allowed them to deal with third parties, and this did not constitute a contravention of the Convention. She stated that her Government was open to the observations and advice of this Committee in order to improve, even if no impediments existed, the creation of trade unions. Concerning section 19 of Decree No. 69/DF/7 of 6 January 1969 providing that associations or professional unions could not belong to a foreign professional organization without prior authorization from the Minister responsible for "control of public freedom", she noted that this Decree was a text implementing the Act of 1968. Once the new act was proclaimed the implementing Decree of the old law would be brought into compliance with the requirements of Convention No. 87. In the meantime, she counted upon the understanding of the Committee of Experts.

With reference to Conventions Nos. 87 and 98, she referred to section 6 of the Labour Code providing for the legal existence of professional trade unions, section 3, proclaiming freedom of association, and section 4, granting to employers and workers the right to join organizations and trade unions of their choosing. Section 6(2) forbade all discriminatory acts against workers in employment. This section also provided under paragraph (b) that any practice that would terminate the employment of, or cause any prejudice to, persons because of their affiliation or non-affiliation to a trade union or their participation in trade union activities was prohibited. She indicated that this paragraph was not contrary to the provision of Articles 3 and 4 of the Convention because it guaranteed the legality of the formation of trade unions so that they could act as such legally. Section 6(3) provided that any act that was contrary to the provisions of this section was void. Finally, she stated that Cameroon was a law-abiding State and that it was prepared to submit to the Commission any additional information.

The Workers' members referred to the questions dealt with by the Committee of Experts and noted that the Government was prepared to repeal legislation that did not conform to the Conventions and that the actual practice would be changed to achieve the same conformity. They did hesitate in wholly accepting the explanation of the Government to the effect that the requirement that trade unions must be registered was merely an administrative formality, but concluded by thanking the Government representative for her goodwill and assurances. They nevertheless recalled the gravity of certain points raised by the Committee of Experts, and said that a report on what actually was occurring would need to be submitted for examination.

The Employers' members noted that the points raised in the report of the Committee of Experts had been made for a number of years, although one matter had been resolved last year and was cited as a case of progress. The Government had defended itself last year in the same manner as it did this year, by indicating that although there were no contradictions between the legal situation and the Convention, legislative amendments would be introduced if this were insisted upon by the Committee. With regard to the requirement that trade unions be registered, this was clearly not a formality in view of the rejection of the application by a teachers' trade union for such registration. They asked the Government to put into practice what had been promised in the Committee and to modify the legislation to bring it into compliance with the Convention.

The Workers' member of Senegal stated that the Government had promised every year that it would respect Conventions Nos. 87 and 98, but they were continuing to violate trade union rights in Cameroon, in particular by not recognizing trade union organizations and their right to register. Likewise the Government had recently violated freedom of association since the Ministry of Labour supported the dismissal of the Secretary-General of the Cameroon Confederation of Workers' Trade Unions (CWTU), through a puppet disputes committee controlled by the authorities. This dismissal was due to the trade union activities of the Secretary-General of the CWTU. He requested that the ILO take the necessary measures so that the Secretary-General could resume his duties. Moreover, wages had fallen because of the devaluation of the CFA franc.

The Workers' member of the Netherlands stated that the assurances made by the Government representative were not convincing, as the action of the Government seemed to contradict the statements made before the Committee. As an example, he quoted a provision from a piece of draft legislation of Cameroon which provided that trade unions established for a cause or purpose contrary to the Constitution, the law, or accepted standards of behaviour, or those trade unions designed to impair the security, territorial integrity, national unity, national integration, or the Republican form of the State would be declared null and void. He asked that both the Workers' and Employers' members examine the case more cautiously.

The Workers' member of New Zealand supported the statement of the Workers' member of Senegal, as the situation in Cameroon clearly amounted to a serious contravention of the Conventions. The Committee of Experts' report had highlighted the practices that are incompatible with the requirements of Conventions Nos. 87 and 98. Any denial of freedom of association was unacceptable, and especially damaging with regard to teachers because their working conditions constituted the same environment where children and young people learn. Moreover, teachers' unions acted as professional organizations to assist their members to develop high professional standards. Denial of access to such an organization, particularly when higher education was involved, usually reflected a desire to control what was taught and how it was taught, which amounted to a denial of academic freedom. Such restrictions were compounded by a restriction of the right of trade unions or professional organizations to join foreign professional organizations, thus denying Cameroon the benefit of exchanges of ideas and knowledge from outside the country. She also referred to infringements of the freedom of association of teachers in Cameroon involving the dismissal, suspension, and forced transfer of teachers and public servants for participating in a strike. While accepting that the Committee acknowledged positive developments, she asked that the Government be requested to grant teachers in higher education the right to form unions of their own choosing and the right to bargain collectively. She also asked that an undertaking be obtained from the Government that it not frustrate the activities of the Cameroon Confederation of Workers' Trade Unions.

The Workers' member of Togo emphasized that the Committee of Experts and the previous speakers had pointed out serious and repeated violations of trade union rights in the legislation and in practice. These violations were also occurring in other African countries whenever trade union organizations adopted an independent approach. With regard to the assurance of the Government representative that the trade union register was a formality, the speaker indicated that this "formality" could indefinitely delay the formation of trade unions, preventing them from developing their activities. On the other hand, section 3 of the draft Act referred to by the Government representative contained worrisome concepts that could prevent the formation of trade unions or impede their activities, as now occurred in respect of professional trade unions. He also joined in the previous statement on the dismissal of the Secretary-General of the Cameroon Confederation of Workers' Trade Unions. Finally, he stressed that there was a practice of interference in collective bargaining and he considered that the Committee should demand that the Government comply with Conventions Nos. 87 and 98.

The Government representative stated that she maintained her previous statement and that she hoped that an amalgamation of matters would be avoided with regard to such an important discussion; in this sense, she indicated that the Workers' member of Senegal recognized that his comments were not to the point. With regard to the Cameroon Confederation of Workers' Trade Unions, she indicated that her country had ratified Conventions Nos. 87 and 98 and that it was its duty to respect these Conventions. She believed that the creation of a trade union of officials of the civil and financial services could reassure the Committee, as in her opinion this constituted progress. Teachers on contract and teachers who were public servants worked under different rules. The latter could belong to the trade union referred to above, while the teachers on contract could belong to the national trade union for contractual workers and agents of the State. She emphasized that there would be a law permitting those who wished to create a specific trade union to do so and that she would inform her Government of the observations that had been made in this Committee.

The Workers' members recognized that they might have been overly willing to accept the assurances given by the Government representative that the legislation in contravention of the Conventions would be repealed and the contravening practices discontinued. They then reiterated their concern regarding the registration requirement, and the need for further examination by the Committee of Experts, and hoped that the promises made by the Government representative would be kept.

The Committee took note of the statement made by the Government representative and the discussion which followed. The Committee reminded the Government of the need to amend its legislation and practice as soon as possible in order to ensure the application of these Conventions, in particular to guarantee that public servants have the right to set up trade union organizations and to join them to defend their economic, social and professional interests. It took note of the preoccupation of the Committee of Experts in light of the refusal of the Government to give legal status to a trade union of teachers in higher education, and expressed the firm hope that the forthcoming reports from the Government would show what effective measures had actually been taken in order to remove obstacles to freedom of association and to guarantee for all workers, including public servants and teachers in higher education, the right to join the trade union of their choice without interference by the public authorities.

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee takes note of the observations of the International Trade Union Confederation (ITUC), received on 16 September 2020, which concern the application of the Convention in practice, and which are dealt with in the present comment. It also takes note of the observations of the General Union of Workers of Cameroon (UGTC) received on 5 November 2020, which contain allegations of anti-union discrimination against several members of an affiliated organization (SNEGCBEFCAM) within the National Social Welfare Fund (CNPS). The Committee requests the Government to comment on this matter.

Articles 1 and 2 of the Convention. Adequate protection against acts of anti-union discrimination and interference. In its earlier comments, the Committee had noted the observations of the ITUC denouncing anti-union discrimination against trade union leaders and trade unionists in the banking sector, and interference by the employer and the authorities in the elections of a trade union in the agriculture sector. It also noted the 2016 observations of the Cameroon Workers’ Trade Union Confederation concerning interference by an enterprise in the activities of a trade union in the wood industry and the dismissal by the enterprise in question of more than 150 workers on the sole grounds of their trade union affiliation. The Committee notes with regret that the Government has still not provided the information requested and that it restricts itself to indicating that it ensures the promotion of international labour standards in the country. Finally, the Committee notes the ITUC’s observations received in September 2020, which contain new allegations of suspensions and arbitrary dismissals of trade union leaders, especially in the brewery sector. The Committee once again notes with concern the serious nature of the alleged facts and the persistent denunciations of anti-union practices in numerous sectors. The Committee reminds the Government of its responsibility to take all measures needed to ensure that the competent authorities, in particular the labour inspectorate, carry out the necessary inquiries into the reported cases of anti-union discrimination and interference, to take the corrective measures without delay and issue appropriate sanctions if it is found that the trade union rights provided by the Convention have been violated in certain administrations or enterprises. The Committee urgently requests the Government to provide its comments and detailed information in this regard.

With reference to the observations received from the UGTC in October 2016 on the worsening of trade union discrimination against the leaders of SNEGCBEFCAM within the CNPS, the Committee notes a court decision handed down in favour of the workers, who had been dismissed, but that the CNPS has appealed the decision. The Committee requests the Government to provide all relevant information in this regard.

Article 4. Right to collective bargaining in practice. The Committee notes the information provided by the Government to the effect that since 2017, nine collective agreements have been signed. With reference to its earlier comments, it notes in particular that the revised collective agreement for security services was signed on 7 May 2019. Moreover, the Committee had noted the 2016 observations of the of the Cameroon Workers’ Trade Union Confederation (CSTC) denouncing unilateral appointment by the Ministry of Labour of the workers’ representatives in the bargaining committees for national collective agreements, without taking into account the representativeness of the organizations in the sectors concerned. In that regard, the Committee notes the observations of the ITUC, received in September 2020, alleging that unrepresentative organizations are appointed in the institutions, in the place of representative organizations, and that such practices prevent the genuine representation of workers and their interests both in enterprises and in tripartite institutions and social dialogue. The Committee requests the Government to comment on the observations of the CSTC and the ITUC, and also to indicate the measures taken by the authorities to encourage and promote collective bargaining, under Article 4 of the Convention, and to specify sectors concerned. The Committee also requests the Government to continue to provide statistical information on the number of collective agreements signed and in force, both in the public and private sectors, also indicating the number of sectors and of workers covered by the agreements.

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

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

The Committee notes the observations on the application of the Convention in practice by the International Trade Union Confederation (ITUC), Educational International (EI) and its affiliates from the Education Trade Unions Platform, the Cameroon Workers’ Trade Union Confederation (CSTC), and the Cameroon United Workers’ Confederation (CTUC) received on 1 September, 6 September, 30 August and 14 November 2016, respectively.

Articles 1 and 2 of the Convention. Adequate protection against acts of anti-union discrimination and interference. The Committee notes the observations of the ITUC denouncing, inter alia, acts of anti-union discrimination against trade union leaders and trade unionists in the banking sector and interference by the employer and the authorities in the elections of a trade union in the agricultural sector. It also notes the observations of the CTUC denouncing interference by an enterprise in the activities of a trade union in the wood industry and dismissal by the enterprise, in question of more than 150 workers based solely on their trade union affiliation. The Committee notes with concern the seriousness of some of the incidents alleged and urges the Government to take all necessary measures to ensure that the competent authorities, particularly the labour inspectorate, conduct the necessary enquiries into these alleged acts of anti-union discrimination and interference, and to take the necessary remedial measures without delay and apply suitable penalties if the trade union rights recognized in the Convention are found to have been impaired in some administrations or enterprises. The Committee urges the Government to provide its comments and detailed information in this regard.

In its previous comments, the Committee took note of observations received in September 2013 from the General Union of Workers of Cameroon (UGTC) concerning acts of anti-union discrimination against the executives of an organization (SNEGCBEFCAM) affiliated to the National Social Welfare Fund. The Committee observes that this case was the subject of a complaint to the Committee on Freedom of Association, whose latest recommendations date from March 2015 (Case No. 2808, 374th report). Noting that in a communication received on 17 October 2016, the UGTC reports that for the SNEGCBEFCAM the situation has worsened, the Committee urges the Government to implement the recommendations of the Committee on Freedom of Association and to provide information without delay on the situation of the SNEGCBEFCAM and its members.

Article 4. Right to collective bargaining in practice. The Committee noted in previous comments the allegations made by the ITUC and the UGTC concerning the ongoing absence of collective bargaining in the public sector and the difficulties met in implementing the collective agreements concluded in the media and security sectors. The Committee notes that the Government indicates that it is for the signatories to the media sector agreement to implement it. As regards the collective agreement of the security services, the Government indicates that the public authorities are applying measures to reorder the sector, which has slowed down the process to revise the collective agreement. Furthermore, the Government indicates that collective bargaining in the public sector proceeds unhindered. The Committee notes the observations of the EI and its members belonging to the Education Trade Unions Platform, which brings together most of the teachers’ unions in Cameroon, denouncing a lack of will on the Government’s part to implement the agreements signed with the trade unions for public and private education, and the exclusion of trade unions from the consultative bodies of the sector. The Committee also notes the CSTC’s observations alleging unilateral appointment by the Ministry of Labour of workers’ representatives to the bargaining committees for national collective agreements, without taking into account the representativeness of the organizations in the sectors concerned. In view of the CSTC and EI observations, the Committee requests the Government to indicate the measures to encourage and promote collective bargaining taken by the authorities pursuant to Article 4 of the Convention, and to specify the sectors concerned. The Committee also requests the Government to provide statistical information on the number of collective agreements signed and in force, in both the public and private sectors, and on the number of sectors and workers covered by them.

Lastly, the Committee notes the Government’s indication that studies are under way to examine the matter of ratification of the Labour Relations (Public Service) Convention, 1978 (No. 151), and the Collective Bargaining Convention, 1981 (No. 154). The Committee requests the Government to indicate the outcome of the studies.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes the observations on the application of the Convention in practice by the International Trade Union Confederation (ITUC), Educational International (EI) and its affiliates from the Education Trade Unions Platform, the Cameroon Workers’ Trade Union Confederation (CSTC), and the Cameroon United Workers’ Confederation (CTUC) received on 1 September, 6 September, 30 August and 14 November 2016, respectively.

Articles 1 and 2 of the Convention. Adequate protection against acts of anti-union discrimination and interference. The Committee notes the observations of the ITUC denouncing, inter alia, acts of anti-union discrimination against trade union leaders and trade unionists in the banking sector and interference by the employer and the authorities in the elections of a trade union in the agricultural sector. It also notes the observations of the CTUC denouncing interference by an enterprise in the activities of a trade union in the wood industry and dismissal by the enterprise, in question of more than 150 workers based solely on their trade union affiliation. The Committee notes with concern the seriousness of some of the incidents alleged and urges the Government to take all necessary measures to ensure that the competent authorities, particularly the labour inspectorate, conduct the necessary enquiries into these alleged acts of anti-union discrimination and interference, and to take the necessary remedial measures without delay and apply suitable penalties if the trade union rights recognized in the Convention are found to have been impaired in some administrations or enterprises. The Committee urges the Government to provide its comments and detailed information in this regard.

In its previous comments, the Committee took note of observations received in September 2013 from the General Union of Workers of Cameroon (UGTC) concerning acts of anti-union discrimination against the executives of an organization (SNEGCBEFCAM) affiliated to the National Social Welfare Fund. The Committee observes that this case was the subject of a complaint to the Committee on Freedom of Association, whose latest recommendations date from March 2015 (Case No. 2808, 374th report). Noting that in a communication received on 17 October 2016, the UGTC reports that for the SNEGCBEFCAM the situation has worsened, the Committee urges the Government to implement the recommendations of the Committee on Freedom of Association and to provide information without delay on the situation of the SNEGCBEFCAM and its members.

Article 4. Right to collective bargaining in practice. The Committee noted in previous comments the allegations made by the ITUC and the UGTC concerning the ongoing absence of collective bargaining in the public sector and the difficulties met in implementing the collective agreements concluded in the media and security sectors. The Committee notes that the Government indicates that it is for the signatories to the media sector agreement to implement it. As regards the collective agreement of the security services, the Government indicates that the public authorities are applying measures to reorder the sector, which has slowed down the process to revise the collective agreement. Furthermore, the Government indicates that collective bargaining in the public sector proceeds unhindered. The Committee notes the observations of the EI and its members belonging to the Education Trade Unions Platform, which brings together most of the teachers’ unions in Cameroon, denouncing a lack of will on the Government’s part to implement the agreements signed with the trade unions for public and private education, and the exclusion of trade unions from the consultative bodies of the sector. The Committee also notes the CSTC’s observations alleging unilateral appointment by the Ministry of Labour of workers’ representatives to the bargaining committees for national collective agreements, without taking into account the representativeness of the organizations in the sectors concerned. In view of the CSTC and EI observations, the Committee requests the Government to indicate the measures to encourage and promote collective bargaining taken by the authorities pursuant to Article 4 of the Convention, and to specify the sectors concerned. The Committee also requests the Government to provide statistical information on the number of collective agreements signed and in force, in both the public and private sectors, and on the number of sectors and workers covered by them.

Lastly, the Committee notes the Government’s indication that studies are under way to examine the matter of ratification of the Labour Relations (Public Service) Convention, 1978 (No. 151), and the Collective Bargaining Convention, 1981 (No. 154). The Committee requests the Government to indicate the outcome of the studies.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes the comments of the International Trade Union Confederation (ITUC), dated 30 August 2013, and of the General Union of Workers of Cameroon (UGTC), dated 20 September 2013, concerning anti-union discrimination against the executives of a member organization (SNEGCBEFCAM). The Committee asks the Government to send observations in reply to these comments.

The Committee notes that the ITUC and the UGTC also denounce the continuing lack of collective bargaining in the public sector and the difficulties inherent in implementing the collective agreements concluded in the media and security sectors. In this respect, the Committee notes that the Government, in its report, quotes a number of measures taken to apply collective agreements. These include: the involvement of the social partners; action taken by the labour inspectorate; and the introduction of a mechanism to evaluate the effectiveness of national collective agreements in force. The Committee asks the Government to provide detailed information on the measures it has quoted to ensure the effective implementation of collective agreements in the enterprises concerned, and to indicate any measures taken or contemplated to promote collective bargaining in the public sector.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee takes note of the comments sent by the International Trade Union Confederation (ITUC) in communications dated 24 August 2010 and 4 August 2011, and the Government’s reply thereon. The Committee notes the comments of the General Union of Workers of Cameroon (UGTC), dated 20 September 2010 and 9 September 2011 and the comments of the Confederation of United Workers of Cameroon (CTUC), dated 20 October 2011. It requests the Government to provide its observations thereon in its next report.

Article 1 of the Convention. Sanctions against trade unionists. With regard to its request concerning the amendment of sections 6(2) and 166 of the Labour Code, which allow the imposition of fines ranging between 50,000 and 500,000 francs on members responsible for the administration or management of a non-registered trade union, who act as if the union had been registered, the Committee refers to its observation in the framework of the regular examination of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).

Article 4. Right of collective bargaining in practice. In its previous comments, the Committee requested the Government to reply to the comments made by the trade union organizations concerning the lack of genuine collective bargaining in the country since 1996. The Committee notes the Government’s indication in its report that Cameroon has negotiated and signed 30 collective agreements and contracts, including seven enterprise agreements, covering millions of workers in the private sector.

Compliance with collective agreements. The Committee notes that, in its reply to the comments of the ITUC of 24 August 2010, the Government indicates that the problem of the application of collective agreements by enterprises is a priority and that it is endeavouring to extend and to make all collective agreements binding. Recalling the importance of guaranteeing compliance with collective agreements by the parties, the Committee requests the Government to provide information on the measures adopted in this respect.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the Government’s reply to the comments received in 2007 from the General Union of Workers of Cameroon (UGTC) and the International Trade Union Confederation (ITUC). It also notes the comments of the UGTC and the ITUC dated 16 October 2008 and 26 August 2009, respectively. The Committee requests the Government to provide its observations in this respect in its next report.

Article 1 of the Convention. The Committee recalls that, since the adoption of the Labour Code in 1992, it has been asking the Government to amend or delete sections 6(2) and 166 of the Labour Code, which allow the imposition of fines ranging between 50,000 and 500,000 francs on members responsible for the administration or management of a non-registered trade union, who act as if the union had been registered, which is in breach of Article 1 of the Convention. In this respect, the Committee notes that a Bill to amend and supplement certain provisions of the Labour Code has been submitted to the competent authorities and that it would result in the abolition of the penalties and/or fines referred to above. The Committee expects that the Government will be in a position to indicate in its next report the progress achieved in bringing the national legislation into full conformity with Article 1 of the Convention.

Article 4 of the Convention. In its previous comments, the Committee requested the Government to reply to the comments made by trade union organizations concerning the lack of true collective bargaining in the country since 1996. The Committee notes that, according to the Government, several collective agreements and enterprise agreements have been concluded in various sectors and branches of activity, such as: security enterprises, journalism, agriculture, polygraphic industries, banking, commerce, pharmaceuticals, dockers and stevedores, processing industries, insurance, construction and public works. It notes that certain commissions for the negotiation and revision of collective agreements are continuing their work (telecommunications, merchant shipping, water, first level hospitals, postal services and petroleum producing and storage enterprises). The Committee requests the Government to provide statistical data on the number of collective agreement concluded in both the public and the private sectors and the number of workers covered by these agreements.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s report. It also notes the comments made by the General Union of Workers of Cameroon (UGTC), dated 7 August 2007, by CGT-Liberté, dated 27 August 2007, and by the International Trade Union Confederation (ITUC), dated 28 August 2007. The Committee observes that the Government merely indicates in reply to these comments that it cannot verify at government level the allegations of anti-union discrimination in certain enterprises. It adds that, for the moment, it is adopting an attitude of neutrality to avoid being accused of interference in the internal affairs of trade unions. The Committee would like to reiterate in this respect that it is the responsibility of the Government to ensure the application of international labour Conventions concerning freedom of association which have been freely ratified and which must be respected by state authorities at all levels. The Committee requests the Government to supply its observations in reply to comments on the lack of true collective bargaining in the country since 1996, on the dismissals and other detrimental measures which affect trade unionists on account of their activities concerning workers’ representation and, more generally, on the allegations of lack of protection of trade union representatives.

Article 1 of the Convention. The Committee recalls that, since the adoption of the Labour Code in 1992, it has been asking the Government to amend or delete section 6(2) and section 166 of the Code, which allow the imposition of fines ranging from 50,000 to 500,000 francs on members responsible for the administration or management of a non-registered trade union who act as if the union had been registered, in breach of Article 1 of the Convention. The Committee notes that the Government, in a communication dated 5 October 2006 in reply to the observations of the International Confederation of Free Trade Unions (ICFTU) concerning the application of Convention No. 87, states that it submitted to the National Assembly a draft act amending the Labour Code which would replace the current system of trade union registration with a system of mere declaration. It also indicates that the adoption of this new system would imply the abolition of the abovementioned sentences and/or fines. The Committee expresses the firm hope that the Government will be in a position to indicate in its next report the progress made in repealing the abovementioned provisions, and that it will send copies of the legislative texts adopted to this end.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee takes note of the Government’s report The Committee also notes the comments of the General Confederation of Labour-Liberté (CGT-Liberté) sent in two communications, as well as those of the General Union of Workers of Cameroon (UGTC) and the International Confederation of Free Trade Unions (ICFTU) concerning the application of the Convention. The Committee requests the Government to respond to the above comments.

The Committee notes that in its first communication of 29 August 2005, the CGT-Liberté refers to acts of anti-union discrimination and interference in several enterprises and the lack of provisions which provide adequate protection against these acts, as well as the absence of collective agreements in certain branches of activity. The Committee requests the Government to institute an independent inquiry and if the allegations of CGT-Liberté are confirmed, to take all necessary measures of redress.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that the Government’s report does not reply to its previous observation.

Further to its previous request concerning the amendment of sections 6(2) and 166 of the Labour Code which allow a fine ranging from 50,000 to 500,000 francs to be imposed on the members of the administration or management of a non-registered trade union which acts as if the union were registered, the Committee refers the Government to its observation on Convention No. 87 under the regular reporting cycle.

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

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee recalls that, since the adoption of the Labour Code in 1992, the Committee has requested the Government to amend or repeal sections 6(2) and 166 of the Labour Code which provides for the imposition of a fine ranging from 50,000 to 500,000 francs on the members of the administration or the management of a non-registered trade union which acts as if the union were registered. In this respect, the Committee notes the Government’s statement to the effect that an amendment of the Labour Code is envisaged to this effect. The Committee expresses the firm hope that the Government will take the necessary measures to repeal the provisions to ensure that the founders and leaders of trade unions being established enjoy adequate protection against acts designed to prejudice them by reason of their participation in trade union activities, which is contrary to the provisions of Article 1 of the Convention. The Committee again requests the Government to provide the text of any measures taken in this respect in its next report.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation on the following matters:

The Committee recalls that, since the adoption of the Labour Code in 1992, the Committee has requested the Government to amend or repeal sections 6(2) and 166 of the Labour Code which provides for the imposition of a fine ranging from 50,000 to 500,000 francs on the members of the administration or the management of a non-registered trade union which acts as if the union were registered. In this respect, the Committee notes the Government's statement to the effect that an amendment of the Labour Code is envisaged to this effect. The Committee expresses the firm hope that the Government will take the necessary measures to repeal the provisions to ensure that the founders and leaders of trade unions being established enjoy adequate protection against acts designed to prejudice them by reason of their participation in trade union activities, which is contrary to the provisions of Article 1 of the Convention. The Committee again requests the Government to provide the text of any measures taken in this respect in its next report.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

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

The Committee recalls that, since the adoption of the Labour Code in 1992, the Committee has requested the Government to amend or repeal sections 6(2) and 166 of the Labour Code which provides for the imposition of a fine ranging from 50,000 to 500,000 francs on the members of the administration or the management of a non-registered trade union which acts as if the union were registered. In this respect, the Committee notes the Government's statement to the effect that an amendment of the Labour Code is envisaged to this effect. The Committee expresses the firm hope that the Government will take the necessary measures to repeal the provisions to ensure that the founders and leaders of trade unions being established enjoy adequate protection against acts designed to prejudice them by reason of their participation in trade union activities, which is contrary to the provisions of Article 1 of the Convention. The Committee again requests the Government to provide the text of any measures taken in this respect in its next report.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

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

It recalls that since the adoption of the Labour Code in 1992, it has been asking the Government to amend or repeal sections 6(2) and 166 of the Labour Code, under which a fine of Frs.50,000 to 500,000 may be imposed on members responsible for the administration or management of a non-registered union, who act as if the union were registered. In this context it notes the Government's statement to the effect that amendment of the Labour Code to this effect is envisaged. The Committee expresses the firm hope that the Government will take the necessary measures to repeal these provisions, in order to ensure that founders and leaders of trade unions being established enjoy adequate protection against acts calculated to cause prejudice by reason of their participation in union activities, which are contrary to the provisions of Article 1 of the Convention. The Committee once again asks the Government to supply with its next report the text of any measures taken in this respect.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

Article 1, paragraph 2, of the Convention. The Committee expresses the firm hope that sections 6(2) and 166 of the 1992 Labour Code, under which a fine of from 50,000 to 500,000 francs may be imposed on members responsible for the administration or management of a non-registered union, who act as if the union were registered, will be repealed in the near future so as to ensure that all workers, and particularly public employees, teachers, persons who form trade unions and trade union leaders, enjoy adequate protection against acts calculated to prejudice them by reason of union membership or because of participation in union activities. The Committee asks the Government to provide in its next report the texts of any measures taken to this end.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

Article 1, paragraph 2, of the Convention. The Committee expresses the firm hope that sections 6(2) and 166 of the 1992 Labour Code, under which a fine of from 50,000 to 500,000 francs may be imposed on members responsible for the administration or management of a non-registered union, who act as if the union were registered, will be repealed in the near future so as to ensure that all workers, and particularly public employees, teachers, persons who form trade unions and trade union leaders, have adequate protection against acts calculated to do them harm by reason of union membership or because of participation in union activities. The Committee asks the Government to provide in its next report the texts of any measures taken to this end.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

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

Article 1, paragraph 2, of the Convention. The Committee notes the Government's statement in its report that measures are to be taken to bring the legislation into conformity with the Convention, and expresses the firm hope that sections 6(2) and 166 of the 1992 Labour Code, under which a fine of from 50,000 to 500,000 francs may be imposed on members responsible for the administration or management of a non-registered union, who act as if the union were registered, will be repealed in the near future so as to ensure that all workers, and particularly public employees, teachers, persons who form trade unions and trade union leaders, have adequate protection against acts calculated to do them harm by reason of union membership or because of participation in union activities. The Committee asks the Government to provide in its next report the texts of any measures taken to this end.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

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:

The Committee notes the entry into force of Law No. 92/007 of 14 August 1992 issuing the new Labour Code.

It requests the Government to provide a copy, as soon as it has been adopted, of the decree provided for in article 60 of the new Labour Code which provides that rules as to form and substance regarding the conclusion and performance of the collective agreements and company agreements shall be laid down by decree after consultation with the National Labour Advisory Board.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes that the Government's report has not been received.

However the Committee took note of the content of Law No. 92/007 of 14 August 1992 issuing the new Labour Code, and of the observation of the Cameroon Workers' Trade Union Confederation (CSTC) as well as of the conclusions of the Committee on Freedom of Association with regard to Case No. 1699 (see 291st Report, paragraph 516 to 551).

The Committee notes that the CSTC pointed out that under section 6(2) of the new Labour Code, any person forming a trade union or employers' association that has not yet been registered and who acts as if the said union or association has been registered shall be liable to prosecution.

The Committee, as well as the Committee on Freedom of Association, considers that section 6(2) of the new Labour Code is at variance with the established right of workers to adequate protection against all acts of discrimination likely to impair freedom of association in respect of their employment. It therefore asks the Government to take the necessary measures to repeal the provisions which are contrary to the Convention and to guarantee to all workers, and particularly persons who form trade unions and trade union leaders, adequate protection, accompanied by effective and sufficiently dissuasive sanctions, against acts calculated to prejudice them by reason of union membership or because of participation in union activities, in order to bring its legislation into conformity with Article 1(2) of the Convention. It asks the Government to indicate any measures taken in this respect in its next report.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes the entry into force of Law No. 92/007 of 14 August 1992 issuing the new Labour Code.

It requests the Government to provide a copy, as soon as it has been adopted, of the decree provided for in article 60 of the new Labour Code which provides that rules as to form and substance regarding the conclusion and performance of the collective agreements and company agreements shall be laid down by decree after consultation with the National Labour Advisory Board.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes the entry into force of Law No. 92/007 of 14 August 1992 issuing the new Labour Code, and the observation of the Cameroon Workers' Trade Union Confederation (CSTC).

1. The Committee notes that the CSTC pointed out that under section 6(2) of the new Labour Code, any person forming a trade union or employers' association that has not yet been registered and who acts as if the said union or association has been registered shall be liable to prosecution.

The Committee considers that section 6(2) of the new Labour Code is at variance with the established right of workers to adequate protection against all acts of discrimination likely to impair freedom of association in respect of their employment. It therefore asks the Government to take the necessary measures to repeal the provisions which are contrary to the Convention and to guarantee to all workers, and particularly persons who form trade unions and trade union leaders, adequate protection, accompanied by effective and sufficiently dissuasive sanctions, against acts calculated to prejudice them by reason of union membership or because of participation in union activities, in order to bring its legislation into conformity with Article 1(2) of the Convention. It asks the Government to indicate any measures taken in this respect in its next report.

2. The Committee is also addressing a request directly to the Government.