Observation (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Convention (n° 81) sur l'inspection du travail, 1947 - Cameroun (Ratification: 1962)

The Committee notes the Government’s report and its replies to the comments made by the General Confederation of Labour – Liberty of Cameroon (CGT–Liberté) in 2007 and 2008 and by the General Union of Workers of Cameroon (UGTC) in October 2008 concerning various shortcomings of the labour inspection system in relation to the requirements of the Convention.

Article 3(1)(a) and (b) of the Convention. Duties of labour inspectors. Based on the information contained in the annual inspection report for 2008, the Committee notes that, instead of ensuring the presence of labour inspectors at the workplace with a view to enforcing the legal provisions relating to conditions of work and the protection of workers, most of the working time of labour inspectors is devoted to resolving labour disputes through conciliation activities. In such conditions, these activities are clearly detrimental to the discharge of their primary duties as defined in Article 3(1) of the Convention. The Committee is bound to draw the Government’s attention to paragraph 2 of the same Article which stipulates that any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties or to prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers. Furthermore,
Paragraph 8 of the Labour Inspection Recommendation, 1947 (No. 81), specifically advises against entrusting inspectors with the duty to act as conciliator or arbitrator in proceedings concerning labour disputes. In a previous report (2004), the Government had justified the allocation of these duties to inspectors by a need to relieve the pressure on the courts. However, the Committee considers that the volume of work created by these duties results in a disproportionate mobilization of the labour inspectorate’s resources to the detriment of its activities relating to enforcement, advice and improvement of the legislation referred to in the Convention. Given that labour disputes are often caused by a lack of understanding of the legal provisions or failure to comply with them, inspectors can make a major contribution to reducing labour disputes through educational activities and, if necessary, repressive action. The Committee therefore requests the Government to indicate the measures taken to ensure that the conciliation or mediation duties undertaken by labour inspectors in the event of a labour dispute do not interfere with the discharge of their primary duties and to provide information on any progress made in that regard, as well as any relevant document.

With regard to the specific matter of the supervisory powers of labour inspectors, raised by the CGT–Liberté, the Committee notes that, according to the Government, this matter should be examined in the context of the overall revision of the Labour Code under way. The Committee requests the Government to provide information on the progress made with regard to the draft reform of the Labour Code, including in particular the developments affecting the nature and scope of the powers of labour inspectors in relation to Articles 12, 13 and 17 of the Convention. It would be grateful if the Government would provide a copy of any relevant draft or final text.

Articles 6, 9 and 10. Labour inspection staff (composition, status and conditions of service). According to the Government, the inspection staff is composed of 106 inspectors (77 men and 29 women). Noting with interest that the National School of Administration and Magistracy (ENAM) reopened in 2006, the Committee requests the Government to provide information on the developments relating to the number and qualifications of labour inspectors during the period covered by the next report, including their geographical distribution.

The Committee understands, based on the information contained in the Government’s report received in 2008, that the remuneration of labour inspectors was increased by 15 per cent under Decree No. 2008/099 of 7 March 2009 applicable to both civilian and military staff, with retroactive effect from 1 April 2008. In response to the allegation made by the CGT–Liberté that the remuneration, working conditions and benefits of other administrators graduating from the ENAM are more favourable than those granted to labour inspectors, the Government emphasizes in its communication received in 2009 that “the Head of State has raised the salaries of public servants, including labour inspectors, in full fairness and without discrimination”. Noting that the annual inspection report for 2008 mentions various categories of inspection staff (inspectors, controllers, assistant controllers, clerks, contract public servants, decision-makers and other staff), the Committee requests the Government to indicate those who have the status of labour inspector under section 105 of the Labour Code and to provide further information on the status and conditions of service of each category of staff carrying out inspection activities.

Article 11. Means of action of inspectors. In reply to the point raised by the UGTC concerning the lack of means of action (computer equipment and means of transport) of the labour inspectorate, the Government pointed out in a communication sent to the ILO dated 5 December 2007 that, under the three-year budgetary programme for the period 2008–10, departmental labour offices were to be equipped with rolling stock. The Committee requests the Government to provide further information on the developments relating to the number of vehicles in the labour inspectorate’s fleet, to ensure, in any case and if necessary with the help of international financial cooperation, that labour inspectors are provided with the means essential for the performance of their duties (computerized office equipment, transport facilities, consumables etc.) and to keep the Office informed of any progress made in that regard.

Article 5(b). Collaboration between labour inspection officials and the social partners. In reply to the UGTC’s allegations concerning the lack of collaboration between the labour inspectorate and the social partners, the Government indicated in its 2008 report that such collaboration took place at both the national level within the National Labour Advisory Commission, the National Occupational Safety and Health Commission and the Synergy Committee and at the regional level within the decentralized services through inspections by labour inspectors, occupational safety and health committees, committees organizing labour day celebrations and various commissions. Drawing the Government’s attention to the guidance provided in Part II of Recommendation No. 81 on the types of collaboration possible between the labour inspectorate and organizations of employers and workers, the Committee would be grateful if the Government would provide details, as well as any documents available, on the content of the collaboration that takes place within or with the above bodies taking into account the objective of the Convention.

Articles 20 and 21. Annual report of the labour inspectorate. The Committee notes with interest that, following efforts lasting many years, a report on the work of the labour inspectorate for 2008 has been provided and contains information and statistics on inspections by branch of activity, industrial accidents, the workplaces and workers covered and the violations noted and penalties imposed. However, it notes that the Government once again expresses a need for technical assistance from the ILO to overcome various practical obstacles (inconsistent compliance with periodic reporting obligations across the various bodies and shortcomings in the methods of collecting and processing data) to the preparation of an annual report in accordance with the provisions of Articles 20 and 21.

Further to its general observation of 2009, the Committee also notes with interest the Government’s indication that studies have been launched with a view to creating a register of workplaces liable to inspection. It emphasizes the importance of creating and regularly updating a register (containing, in accordance with paragraph (c) of Article 21, information on the workplaces liable to inspection and the number of workers employed therein) to assess the rate of coverage of the inspectorate in relation to its area of competence and determine measures to improve it. The Committee trusts that the technical assistance from the Office requested by the Government for the purposes of preparing and publishing an annual inspection report as required by the Convention will therefore also concern the measures to be implemented to create and then update a register of workplaces. It would be grateful if the Government would keep the ILO informed of the steps taken in that regard, including the implementation of inter-institutional cooperation, as well as any difficulties encountered.

Finally, noting in the magazine of the Ministry of Labour and Social Security (MTSS) dated 1 January 2010 that the number of diseases included on the list of occupational diseases covered under the social security system has increased from 44 to 49 under Order No. 051/MINTSS/SG/DSST, the Committee requests the Government to ensure that the labour inspectorate is informed of cases of occupational disease, so that the relevant information is also included in the abovementioned annual report, in accordance with paragraph (g) of Article 21.