Rapport définitif - Rapport No. 299, Juin 1995

Cas no 1772 (Cameroun) - Date de la plainte: 19-MAI -94 - Clos

1. 113. In a communication dated 19 May 1994, the Organization of African Trade Union Unity (OATUU) submitted a complaint of violations of trade union rights against the Government of Cameroon. It presented additional information in communications dated 6 June and 14 October 1994. The International Confederation of Free Trade Unions (ICFTU) submitted allegations concerning this case in communications dated 2 June, 22 September and 17 November 1994.
2. 114. At its meeting in March 1995 (see 297th Report, para. 11), the Committee observed that despite the time which had elapsed since the presentation of this complaint, it had still not received the Government's observations. The Committee drew the Government's attention to the fact that, in accordance with the procedural rules set out in paragraph 17 of its 127th Report, it could present a report on the substance of the case even if the information and observations requested from the Government had not been received in due time. Since that urgent appeal, the Committee has received no reply from the Government on this matter.
3. 115. Cameroon has ratified both the Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87), and the Right to Organize and Collective Bargaining Convention, 1949 (No. 98).

A. The complainants' allegations

1. 116. In its complaint, the OATUU alleges that the public authorities in Cameroon prevented Mr. Louis Sombes, the General Secretary of the Confederation of the Cameroon Trade Unions (CCTU), from addressing members of this organization on 1 May 1994 since they did not like the contents of his speech on 1 May 1993. The authorities thus organized a putsch on 8 April 1994 within the CCTU to remove Mr. Sombes who nevertheless enjoys the support of the majority of leaders and activists of the CCTU.
2. 117. Furthermore, on 14 February 1994 the Government had allowed a minority group of the CCTU to broadcast a communiqué over national radio stating that Sombes was removed from office. However, on 15 April 1994, the Government refused to allow the broadcast of a communiqué by the CCTU Permanent Bureau refuting the minority group's communiqué. The Government also attempted to have an extraordinary congress of the CCTU convened. In addition, it nominated CCTU representatives to attend international meetings instead of members of the Permanent Bureau. Finally, it blocked all bank accounts belonging to the CCTU. The OATUU contends that all these acts by the Government constitute a flagrant violation of Conventions Nos. 87 and 98.
3. 118. In its complaint, the ICFTU also submits that the Government had encouraged a minority faction within the CCTU to unconstitutionally remove the democratically elected General Secretary, Mr. Louis Sombes. The ICFTU contends that only the CCTU Executive Committee has the right to decide, between congresses, on the status of elected officers in line with article 53, item 2 of its Constitution. A letter in that respect dated 18 April 1994 and signed by ten of the 11 elected members of the Permanent Bureau of the CCTU was sent to the Minister of Labour, Mr. Simon M'Bila. (A copy of this letter is attached by the ICFTU to its complaint.)
4. 119. The ICFTU states that on 9 May 1994, some 50 armed police officers occupied the offices of the CCTU in Yaoundé, seized Louis Sombes and his four children and locked them in a police cell for the day. The second Assistant General Secretary, Mr. André Jules Mousseni, was installed as the new General Secretary on the same day while security police supervised the changing of locks at the CCTU building. According to the ICFTU, highly placed people in the government hierarchy and the party in power, the Rassemblement Democratique du Peuple Camerounais (RDPC), acted in collusion with the minority group led by CCTU President, Mr. Emmanuel Etame Ndedi, also a leading member of the RDPC Governing Body. Three weeks earlier, on 14-15 April 1994, Louis Sombes was attending a conference sponsored by the African Regional Organization of the ICFTU (ICFTU/AFRO) in Dakar when the minority group broadcast a communiqué over the national radio and television stating that Sombes was removed from office. Subsequently, on Sombes' return, the radio and television networks refused to broadcast an official CCTU communiqué co-signed by ten of the 11 elected members of the CCTU Permanent Bureau refuting the minority group's communiqué (the ICFTU attaches a copy of this communiqué to its complaint). Louis Sombes then filed a case against this minority group calling on the High Court to declare its communiqué null and void. The case was due to be heard within days, but the hearing was postponed indefinitely. The ICFTU is of the view that the Government was behind the move.
5. 120. The ICFTU explains that a meeting took place on 11 May 1994 between Andrew Kailembo, the ICFTU/AFRO Regional Secretary, who was then visiting the country, and the Minister of Labour. The Minister argued that Louis Sombes was engaged in political activities instead of conducting trade union activities. This is denied by the ICFTU. However, following significant protests at both the national and international levels, this problem appeared to be resolved normally using legal CCTU procedures. At a 3-4 August 1994 meeting, the CCTU Executive Board reconfirmed the position of Mr. Louis Sombes. The Board declared Mr. Sombes' removal void and proceeded to suspend Mr. Emmanuel Etame Ndedi, the former President of the organization who had led the pro-government move, and Mr. André Jules Mousseni, the Government's choice as new General Secretary. The ICFTU emphasizes that out of 60 delegates attending the CCTU's Executive Council on 3-4 August 1994, 40 supported the legitimate, democratically elected CCTU leadership led by Louis Sombes. (Copies of the decisions taken, signed by the majority of the Executive Council members who voted in favour, are attached by the ICFTU to its complaint.) The ICFTU considers that this provides concrete evidence that democratic procedures were closely followed in reaffirming the trade union's legitimately elected leadership following the Government's attempt at interference.
6. 121. However, on 5 September 1994, Mr. Sombes was summoned by the police to answer charges brought by the union's former President, Mr. Emmanuel Etame Ndedi, on: (1) the illegality of decisions taken at the 3-4 August meeting; (2) poor financial management; and (3) the illegality of a decision taken on 2 September 1994 by the Departmental Council of Wouri Unions at Douala (which had suspended Etame Ndedi from his departmental union leadership position). The same day, the Minister of Labour categorically stated to an ICFTU representative that the Government did not recognize the decisions taken by the 3-4 August 1994 CCTU Executive Board. Consequently, Mr. Emmanuel Etame Ndedi was and would remain President of the union until an extraordinary congress was organized. The Minister confirmed that police had sealed the CCTU headquarters on 2 September 1994 to facilitate an eventual investigation of Sombes. He also declared that the Government was prepared to completely dissolve the CCTU if the Sombes group did not recognize Etame Ndedi as President and Mousseni as General Secretary.
7. 122. The ICFTU states that on 6 September 1994, 15 members of the police, accompanied by a carpenter and Mr. Mousseni, broke into the CCTU headquarters. They changed the locks of the General Secretary's office and, on government orders, installed Mr. Mousseni as General Secretary. The police simply declared that "from this moment on Sombes is no longer CCTU General Secretary and is replaced by Mousseni". Mr. Sombes and his family were immediately expelled from their home which belongs to the CCTU. The order to expel Sombes was issued by the Vice-Prime Minister for Territorial Administration on 1 September 1994. (A copy of this order is attached to the complaint.)
8. 123. The ICFTU explains in its most recent communication that since the initial complaint was submitted, several international trade union missions have visited Cameroon in an effort to mediate the dispute which has split the CCTU and to obtain assurances from the Minister of Labour that the Government would not interfere in the organization of a democratic trade union congress which would allow Cameroon's workers to decide freely on their movement's future. The ICFTU's 12-16 October 1994 mission met with the CCTU President and General Secretary plus the Minister of Labour. The mission received firm promises that a free and open union congress would be organized, probably in late November 1994.
9. 124. However, recent reports received by the ICFTU from Cameroon indicate that the Ministry of Labour is not honouring commitments made in respect of trade union freedom. The CCTU congress' preparatory committee is being chaired by Herman Misse, the principal inspector of the Labour Ministry. He is also responsible for drafting a new constitution and internal rules of order for the CCTU. The ICFTU indicates that there is growing suspicion that the supporters of the union's General Secretary, Louis Sombes, will be excluded from participating in the CCTU congress. The ICFTU asserts that a congress organized and manipulated by a minority faction which has received overt government support would be a denial of the most basic principles of freedom of association. Finally, it contends that the Government's repeated violations of internationally recognized labour standards and practices as set out in ILO Conventions on freedom of association are premeditated actions aimed at destabilizing the democratically elected leaders of the CCTU and furthermore, an attempt to take control of the union's extraordinary congress. It requests that the Government guarantee that a transparent, open union congress will be organized, allowing all workers to make a democratic choice concerning their future leaders, and union constitution.

B. The Committee's conclusions

1. 125. The Committee regrets that, despite the time which has elapsed since the presentation of this complaint, and despite being invited to do so on several occasions, including by means of an urgent appeal, the Government has not formulated its comments and observations on the allegations brought by the complainant organizations.
2. 126. Under these circumstances, and in accordance with the applicable rule of procedure (see 127th Report of the Committee, para. 17, approved by the Governing Body at its 184th Session), the Committee feels obliged to submit a report on the substance of the case, even without the information which it had hoped to receive from the Government.
3. 127. The Committee first of all reminds the Government that the purpose of the procedures established by the International Labour Organization for examining allegations of violations of freedom of association is to ensure that this freedom is respected in law and in fact. While these procedures protect governments against unreasonable accusations, governments on their side must recognize for their part the importance for their credibility of formulating for objective examination detailed replies to such allegations made against them. (See 1st Report of the Committee, para. 31.)
4. 128. The Committee notes that the allegations in this case concern various acts of government interference in the internal affairs of the Cameroon Confederation of Trade Unions (CCTU).
5. 129. First of all, the Committee notes with serious concern that Mr. Louis Sombes, General Secretary of the CCTU (along with his four children), was arrested and detained on 9 May 1994, in an attempt to have him removed from office. In this respect, the Committee deplores this act and would remind the Government that the arrest and detention - even if only briefly - of trade union leaders for activities connected with the exercise of their legitimate trade union activities constitute a severe violation of the principles of freedom of association (Digest of decisions and principles of the Freedom of Association Committee, 3rd edition, 1985, paras. 87 and 88). It therefore urges the Government to refrain in future from having recourse to such action.
6. 130. Turning to the allegation of the refusal by the Government to allow the broadcast of an official CCTU communiqué co-signed by ten of the 11 elected members of the CCTU Permanent Bureau, the Committee would further remind the Government that the right to express opinions through the press or otherwise is an essential aspect of trade union rights (see Digest, op. cit., para. 172). The Committee considers that this principle is all the more applicable here since the official CCTU communiqué was issued in order to refute the minority group's earlier communiqué which stated that Mr. Sombes was removed from office. The Committee would request the Government to ensure that this right is respected in future.
7. 131. As regards the allegation concerning the police occupation of the offices of the CCTU in Yaoundé, the Committee notes with serious concern that the police broke into CCTU headquarters on 9 May and 6 September 1994, both times in order to change the locks of Mr. Sombes' office and in order to replace him with the second Assistant General Secretary, Mr. André Jules Mousseni, supported by the Government. The Committee would draw the Government's attention to the principle that the occupation of trade union premises may constitute a serious interference by the authorities in trade union activities and that an indispensable corollary of the inviolability of trade union premises is that the public authorities may not insist on entering premises without a judicial warrant authorizing them to do so (see Digest, op. cit., paras. 202 and 203). The Committee deeply regrets that the occupation by the police of CCTU headquarters on both occasions resulted in the removal of the democratically elected General Secretary, Mr. Sombes, thereby constituting a serious interference by the authorities in trade union activities. It stresses that the removal by the Government of trade union leaders from office is a serious infringement of the free exercise of trade union rights (see Digest, op. cit., para. 476). It would therefore urge the Government to refrain in future from any interference in the performance by trade union leaders of trade union functions to which they have been freely elected by trade union members.
8. 132. Finally, the Committee notes the doubts expressed by the complainant as to the holding of a free and open CCTU congress towards the end of November 1994. These doubts are reinforced by the fact that the CCTU congress' preparatory committee was being chaired by the principal inspector of the Labour Ministry who furthermore was responsible for drafting a new constitution and internal rules of order for the CCTU. In this respect, the Committee would draw the Government's attention to the fact that cases where the public authorities have themselves drafted the constitutions of central workers' organizations are in violation of freedom of association principles. The Committee would, moreover, draw the Government's attention to the fact that where a representative of the public authorities can attend trade union meetings, this may influence the deliberations and the decisions taken (especially if this representative is entitled to participate in the proceedings) and hence may constitute an act of interference incompatible with the principle of freedom to hold trade union meetings (see Digest, op. cit., para. 150). The Committee therefore urges the Government to ensure in future that representatives of the public authorities participate in trade union meetings by invitation only and on the condition that they do not interfere in trade union activities.
9. 133. Considering further that the different measures of the authorities would incicate their intention to curb the independence of the CSTC, the Committee underlines the importance of the principles pronounced by the International Labour Conference in 1952 in the resolution concerning the independence of the trade union movement. This resolution states in particular that governments should not attempt to transform the trade union movement into an instrument for the pursuance of political aims, nor should they attempt to interfere with the normal functions of a trade union movement because of its freely established relationship with a political party.
10. 134. However, the Committee has recently been informed that an extraordinary congress of the CCTU was held on 28 January 1995 during which members of a new Executive Board were elected and Mr. Louis Sombes was re-elected as General Secretary of the CCTU. The Committee takes note of this information with interest and trusts that the Government will refrain in the future, from all interference in trade union activities.

The Committee's recommendations

1. 135. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee regrets that the Government has not replied to the allegations brought by the complainant organizations, despite the fact that it had been invited to do so on several occasions.
   • (b) The Committee recalls that the arrest and detention - even if only briefly - of trade union leaders for their legitimate trade union activities constitute a severe violation of the principles of freedom of association. It urges the Government to refrain in future from having recourse to such action.
   • (c) The Committee reminds the Government that the right to express opinions through the press or otherwise is an essential aspect of trade union rights and requests the Government to ensure that this right is respected in future.
   • (d) The Committee deeply regrets that the occupation by the police of CCTU headquarters on two occasions resulted in the removal of the democratically elected General Secretary, Mr. Sombes, thereby constituting a serious interference by the authorities in trade union activities. It urges the Government to refrain in future from any interference in the performance by trade union leaders of trade union functions to which they have been freely elected by trade union members.
   • (e) The Committee urges the Government to ensure in future that representatives of the public authorities participate in trade union meetings by invitation only and on the condition that they do not interfere in trade union activities.
   • (f) Finally, the Committee notes with interest that an extraordinary congress of the CCTU was held on 28 January 1995 during which Mr. Louis Sombes was re-elected as General Secretary of the CCTU and trusts that the Government will refrain, in the future, from all interference in trade union activities.