Rapport où le comité demande à être informé de l’évolution de la situation - Rapport No. 311, Novembre 1998

Cas no 1969 (Cameroun) - Date de la plainte: 25-MAI -98 - Clos

Allegations: Interference by the government authorities in the free functioning of workers' organizations

1. 133. In communications dated 25 May and 15 July 1998, the Cameroon Workers' Trade Union Confederation (CSTC) submitted a complaint against the Government of Cameroon alleging violations of freedom of association.
2. 134. A rival faction of the CSTC also sent information relating to the complaint in a communication dated 14 July 1998.
3. 135. The Government sent its observations in a communication dated 21 August 1998.
4. 136. Cameroon has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. The complainant's allegations

1. 137. In its communication dated 25 May 1998, the CSTC refers to internal disputes within the organization, and in particular to the existence of two executive committees. The CSTC alleges that a member of its rival faction lodged a request with the public authorities for the invalidation of the work of the CSTC's December 1997 statutory congress. The CSTC states that following this request the registrar of trade unions allegedly suspended the decisions made by the congress and asked that the former leaders be reinstated.
2. 138. The CSTC also alleges that it has suffered discrimination at the hands of the public authorities on a number of occasions, and refers to their refusal to publish its press releases in the state media, their refusal to air a report on the work of the statutory congress on national television, and numerous cases of police arrest. The complainant organization states that the Minister of Employment, Labour and Social Insurance published two press releases entirely suspending all activities of the CSTC. In addition, it notes that on 1 May 1998 only the leaders of the rival confederation, the Union of Free Trade Unions of Cameroon (USLC), were authorized to speak on behalf of the workers. Lastly, the CSTC considers the problems arising from the interference of the public authorities to be equivalent to a suspension of this confederation by administrative authority and that the only purpose behind it is to promote the introduction of the rival trade union confederation set up by the public authorities.
3. 139. In its communication dated 15 July 1998, the CSTC alleges that a demonstration planned to commemorate the 50th anniversary of Convention No. 87 was prohibited by the sub-prefect of the town of Yaoundé (third district) on the instructions of the Minister of Employment, Labour and Social Insurance. Furthermore, the CSTC notes that the same Minister, taking advantage of the internal disputes within the CSTC, allegedly persuaded the National Assembly to pass a law establishing a minimum service in the public transport sector without consulting the social partners.
4. 140. In a communication dated 14 July 1998, the CSTC's rival faction also refers to the internal disputes within this confederation and considers that the complaint under consideration is inadmissible as the other faction does not have authority to act in the name of the CSTC.

B. The Government's reply

1. 141. In its communication dated 21 August 1998, the Government, referring to the internal divisions within the CSTC, firstly raises a procedural plea of inadmissibility of the CSTC's complaint as it considers that neither of the two factions has authority to act fully on behalf of the CSTC.
2. 142. As regards the allegations concerning the request made to the registrar of trade unions to invalidate the work of the December 1997 congress, the Government states that no action was taken with regard to this request and that, moreover, the registrar of trade unions is not part of the government authorities and that any proceedings he may initiate are in no way binding on the Government. Furthermore, the Government states that through the intermediary of the Minister of Employment, Labour and Social Insurance it initiated mediation meetings with the officers of the two factions, but that these failed because of the radical positions of the two sides. The Government states that these meetings were held on 12 and 20 January and on 18 February 1998 and that numerous anomalies and irregularities in the statutes that had been freely adopted by the CSTC were brought to the attention of the participants. Lastly, the Government states that the minutes of these meetings were sent to the ILO Regional Office for Africa with a covering letter clearly indicating the Government's intention to avoid interfering in any way in the settlement of this internal dispute, which is entirely the responsibility of the members of the CSTC, and explaining that it is unable to recognize two parallel executive committees at the head of the same trade union confederation.

C. The Committee's conclusions

1. 143. The Committee observes that this case relates to allegations of interference by the public authorities in the internal affairs of a trade union confederation, to the prohibition of trade union demonstrations and to the lack of consultation of workers' organizations regarding the implementation of legislation to introduce a minimum service in the public transport sector. The Committee notes that several of the allegations relate to a conflict within a trade union organization.
2. 144. First of all, the Committee recalls that it is not competent to make recommendations on internal dissentions within a trade union organization, so long as the Government did not intervene in a manner which might affect the exercise of trade union rights and the normal functioning of an organization. Also, when internal disputes arise in a trade union organization they should be resolved by the persons concerned (for example, by a vote), by appointing an independent mediator with the agreement of the parties concerned, or by intervention of the judicial authorities. (See Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1996, paras. 965 and 971.)
3. 145. While the Committee has no competence to examine the merits of disputes within the various tendencies of a trade union, it notes however the Government's mediation efforts in this connection and, as it has done in the past, invites the Government to persevere with its efforts, in consultation with the organizations concerned, to put in place as soon as possible impartial procedures to enable the workers concerned freely to choose their representatives. (See Digest, op. cit., para. 969.)
4. 146. Concerning the allegations that the registrar of trade unions, following a request from the rival faction, suspended the decisions taken during the CSTC congress held in December 1997, the Committee notes the Government's statement that no action was taken with regard to this request. As for the allegations that the complainant organization suffered a number of discriminatory measures, such as the refusal to publish its press releases in the state media, the impossibility of speaking on behalf of the workers on 1 May 1998 and the publication by the Ministry of Employment of press releases suspending all CSTC activities in order to promote the introduction of the rival trade union confederation established by the public authorities, the Committee observes that the Government confines itself to explaining that it is unable to recognize two parallel executive committees at the head of the same trade union confederation. The Committee recalls that on a number of occasions it has examined cases in which allegations were made that the public authorities had, by their attitude, favoured or discriminated against one or more trade union organizations, including, for example: pressure exerted on workers by means of public statements made by the authorities; unequal distribution of subsidies among unions or the granting to one union, rather than to the others, of premises for holding its meetings or carrying on its activities; refusal to recognize the leaders of certain organizations in the performance of their legitimate activities. Discrimination by such methods, or by others, may be an informal way of influencing the trade union membership of workers. They are, therefore, sometimes difficult to prove. The fact, nevertheless, remains that any discrimination of this kind jeopardizes the right of workers set out in Convention No. 87, Article 2, to establish and join organizations of their own choosing. The Committee therefore insists on the fact that the government authorities should refrain from any discrimination between trade union organizations, especially as regards recognition of their leaders who seek to perform legitimate trade union activities. (See Digest, op. cit., paras. 306-307.) In the present case, the Committee requests the Government to refrain from any interference whatsoever in the internal affairs of the CSTC.
5. 147. In respect of the allegations concerning the numerous cases of arrest by the police, the Committee notes that the complainant does not provide any precision in respect of the names of the individuals arrested or the circumstances surrounding these arrests. Nevertheless, the Committee recalls that measures depriving trade unionists of their freedom on grounds related to their trade union activity, even where they are merely summoned or questioned for a short period, constitute an obstacle to the exercise of trade union rights. (See Digest, op. cit., para. 77.) The Committee requests the Government to ensure that the police abstain from such arrests in the future.
6. 148. As regards the allegation that the Government prohibited the holding of a demonstration planned to commemorate the 50th anniversary of Convention No. 87, the Committee recalls that the right to organize public meetings constitutes an important aspect of trade union rights. (See Digest, op. cit., para. 133.) In the case in point, the Committee considers that a demonstration to commemorate the 50th anniversary of Convention No. 87 falls within the exercise of trade union rights and regrets the fact that the demonstration could not be held. It asks the Government to respect demonstrations of a purely trade union nature and to ensure that they can be held in the future.
7. 149. As regards the allegation that the Minister of Labour passed through the National Assembly a law introducing a minimum service in the public transport sector without consulting the social partners. the Committee draws the attention of the Government to the importance of prior consultation of employers' and workers' organizations before the adoption of any legislation in the field of labour law. The Committee deems it essential that the introduction of draft legislation affecting collective bargaining or conditions of employment should be preceded by full and detailed consultations with the appropriate organizations of workers and employers. (See Digest, op. cit., paras. 930-931.) The Committee therefore requests the Government to endeavour to hold the appropriate consultations prior to the introduction of any legislation affecting workers' interests, including in respect of current legislation

The Committee's recommendations

1. 150. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) Recalling that it is not competent to make recommendations on internal dissentions within a trade union organization, the Committee invites the Government to persevere with its efforts, in consultation with the factions of the organization concerned, to put in place as soon as possible impartial procedures to enable the workers concerned freely to choose their representatives.
   • (b) Insisting on the fact that the government authorities should refrain from any discrimination between trade union organizations, the Committee requests the Government to refrain from any interference whatsoever in the internal affairs of the CSTC.
   • (c) Recalling that measures depriving trade unionists of their freedom on grounds related to their trade union activity, even where they are merely summoned or questioned for a short period, constitute an obstacle to the exercise of trade union rights, the Committee requests the Government to ensure that the police abstain from such arrests in the future.
   • (d) The Committee asks the Government to respect demonstrations of a purely trade union nature and to ensure that this type of demonstration can be held in the future.
   • (e) Recalling the importance it attaches to prior consultation of employers' and workers' organizations before the adoption of any legislation affecting workers' interests, the Committee requests the Government to endeavour to hold such consultations, including in respect of current legislation.