Rapport où le comité demande à être informé de l’évolution de la situation - Rapport No. 362, Novembre 2011

Cas no 2842 (Cameroun) - Date de la plainte: 15-MARS -11 - Clos

Allegations: The complainant organization alleges attempts by the authorities to interfere with the choice of its officials and, following one such failed attempt, a decision by the Government to end all collaboration with the organization

1. 400. The complaint is contained in a communication dated 15 March 2011 from the General Confederation of Free Workers of Cameroon CGT-Liberté.
2. 401. The Government sent its observations in a communication dated 11 May 2011.
3. 402. 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. 403. In its communication of 15 March 2011, CGT-Liberté states that its internal affairs have been subject to repeated government interference for more than two years and that, since November 2010, it has been completely deprived of freedom of association and its right to collective bargaining.
2. 404. CGT-Liberté states that, as at 20 February 2011, it represented three national trade union federations, six national trade unions, 16 departmental trade union federations, including 12 in the process of being established, around 40 departmental unions, more than 150 trade union branches and at least 250 staff delegates in various sectors.
3. 405. The complainant organization states that CGT-Liberté, like other local trade union centres, has had its share of conflict caused by the divergent opinions of its officials, and that the Minister of Labour and Social Security (MINTSS), following several attempts to place someone of his choosing at the head of the confederation, compelled it, through a letter dated 23 June 2009 (a copy of which was provided with the complaint), to convene an “extraordinary congress” in order to elect legitimate and uncontested leaders. The complainant organization claims that this is contrary to section 5 of the Labour Code, section 9 of Law No. 90/053 of 19 December 1990 on freedom of association, and Article 3 of ILO Convention No. 87, which Cameroon has ratified, and is evidence of the Government’s interference.
4. 406. Enjoying the wide-ranging support offered by the Bureau for Workers’ Activities (ACTRAV) of the ILO Subregional Office in Yaoundé, CGT-Liberté’s three factions worked tirelessly to reconcile the diverging opinions within the confederation and to make timely preparations for holding a full congress in accordance with its statutes. The Minister of Labour and Social Security subsequently sent a letter of encouragement to CGT-Liberté dated 29 January 2010, a copy of which was provided with the complaint, just as his Ministry’s newsletter announced that the Minister’s cousin (Pierre Essindi Minkoulou) was standing as a candidate for the presidency of CGT-Liberté. The complainant organization adds that, during a meeting on 14 September 2010, the Minister reiterated that the key to the Ministry re-establishing its cordial relations with CGT-Liberté was the election of a particular individual. The complainant organization nevertheless went ahead with its full congress, which was held in accordance with the complainant organization’s own statutes.
5. 407. Following the full congress on 4 and 5 November 2010 in Mbalmayo, which saw the election of new union officials and a return to normality within the confederation, the Minister still refused to lift the suspension of collaboration with CGT-Liberté, explaining in a letter dated 8 February 2011 to the registrar of unions (a copy of which was provided with the complaint) that: “I note with regret that the congress held in Mbalmayo only saw the resignation of Mr Pierre Essindi Minkoulou and Mr Benoît Essiga, thereby demonstrating that the substantive problem has still not been resolved, leaving me no choice but to prolong the suspension of our collaborative relations”. According to the complainant organization, the motive used to justify this refusal to resume collaboration is completely fictitious, as both of the individuals mentioned in the letter left CGT-Liberté in order to set up the CTUC (in the case of Pierre Essindi Minkoulou) and the confederation “ENTENTE” (in the case of Benoît Essiga). Furthermore, in accordance with section 3 of the Law on freedom of association, individuals are free to join or resign from CGT-Liberté and its affiliated organizations at any time.
6. 408. The complainant organization states that this led to CGT-Liberté’s exclusion from official activities and events involving workers’ organizations, national and international commissions and programmes to assist workers’ organizations, social elections (staff delegates), the International Labour Conference, preparations for International Labour Day 2011, and so on. The complainant organization adds that it reported the Government’s actions in letters addressed to the Minister for Labour and Social Security, the registrar of unions, and the President of the Republic (copies were provided with the complaint), all of which went unanswered.

B. The Government’s reply

1. 409. In its communication of 11 May 2011, the Government states that it has always refrained, through the intermediary of the Minister of Labour and Social Security, from interfering in the internal affairs of trade unions, in accordance with section 5 in Chapter 1 of the 1992 Labour Code. The Government considers the claim that the Minister attempted to “place someone of his choosing at the head of CGT-Liberté” to be superfluous, absurd, repugnant and unfounded.
2. 410. The Government adds that CGT-Liberté was confronted with serious internal conflict and that the Minister had only sought to calm the situation. The letter dated 23 June 2009 was simply an appeal for calm, and it was out of concern to make the social partners assume their responsibilities that the Minister informed all trade union leaders that he would no longer collaborate with trade union centres which still had two or even three different centres of authority. The Government emphasizes that CGT-Liberté, which was established in 2003, has been and will remain a social partner of the Government in Cameroon and at the International Labour Conference.
3. 411. The Government also points out that it does not deprive any trade union of its right to existential freedom and to collective bargaining, and that the reported exclusion of
   • CGT-Liberté from official activities and events, national and international commissions and programmes and social elections, is consistent with the move to suspend collaboration with any trade union which shows serious internal divisions. In short, this was a general public order measure. The Government concludes by pointing out that, if the trade union centre wishes to regain its privileged position, it should seek to heal its internal divisions and promote social dialogue in the interests of restoring the internal harmony necessary for its proper functioning.

C. C. The Committee's conclusions

• The Committee’s conclusions
  412. 412 The Committee observes that the complainant organization alleges attempts by the authorities to interfere in its choice of leaders and, following one such failed attempt, a decision by the Government to cease all collaboration with the organization.
  413. 413 With regard to the Government’s interference in the internal affairs of CGT-Liberté, the Committee notes the indications that CGT-Liberté’s three factions (EKEDI, ESSIGA, and NKOU) worked tirelessly to heal the internal divisions within the confederation and to make timely preparations for holding a full congress. The Minister of Labour and Social Security subsequently sent a letter of encouragement to CGT-Liberté dated 29 January 2010, a copy of which was provided with the complaint, just as his Ministry’s newsletter announced that the Minister’s cousin (Pierre Essindi Minkoulou) was standing as a candidate for the presidency of CGT-Liberté. The Committee notes that, according to the complainant organization, during a subsequent meeting with the Minister on 14 September 2010, the latter reiterated that the key to the Ministry re-establishing its collaboration with CGT-Liberté was the election of a particular individual. The Committee notes that the complainant organization nevertheless went ahead with the holding of the full congress, which was held in accordance with the complainant organization’s statutes. The Committee notes that the Government categorically denies this allegation of interference, stating that it has always refrained, through the intermediary of the Minister of Labour and Social Security, from interfering in the internal affairs of trade unions, in accordance with section 5 in Chapter 1 of the 1992 Labour Code, and that the letter dated 23 June 2009 was simply an appeal for calm. The Committee notes, however, that this letter invited CGT-Liberté to convene an extraordinary congress within a certain time limit in order to elect officials, and suspended all collaboration with the complainant organization pending the restoration of uncontested legitimacy.
  414. 414 The Committee recalls that conflicts within a trade union should be resolved by its members. In the case of internal dissension within one and the same trade union federation, by virtue of Article 3 of Convention No. 87, the only obligation of the government is to refrain from any interference which would restrict the right of the workers’ and employers’ organizations to draw up their constitutions and rules, to elect their representatives in full freedom, to organize their administration and activities and to formulate their programmes, and to refrain from any interference which would impede the lawful exercise of that right. The Committee considers that the Government’s invitation to CGT-Liberté to convene an extraordinary congress within a certain time limit in order to elect new leaders and the suspension of all collaboration with the complainant organization pending the restoration of uncontested legitimacy is contrary to the principle of non-interference by governments in unions’ internal affairs.
  415. 415 Furthermore, when the authorities intervene during the election proceedings of a union, expressing their opinion of the candidates and the consequences of the election, this seriously challenges the principle that trade union organizations have the right to elect their representatives in full freedom [see Digest of decisions and principles of the Freedom of Association Committee, fifth (revised) edition, 2006, paras 434 and 1117]. The Committee therefore urgently requests that the Government refrain from any form of interference in the internal affairs of CGT-Liberté in the interests of allowing its members to organize their administration and activities and to elect their representatives freely.
  416. 416 The Committee further notes that, following the complainant organization’s full congress on 4 and 5 November 2010 in Mbalmayo, the Minister of Labour and Social Security refused to lift the suspension of collaboration imposed on CGT-Liberté, explaining in a letter dated 8 February 2011 from the registrar of unions, a copy of which was provided with the complaint, that, “I note with regret that the congress held in Mbalmayo only saw the resignation of Mr Pierre Essindi Minkoulou and Mr Benoît Essiga, thereby demonstrating that the substantive problem has not in fact been resolved, leaving me no choice but to prolong the suspension of our collaborative relations.” The complainant organization alleges that the motive used to justify this refusal to resume collaboration is completely fictitious, as both the individuals mentioned in the letter left CGT-Liberté in order to set up the CTUC (in the case of Pierre Essindi Minkoulou) and the confederation “Entente” (in the case of Benoît Essiga). Furthermore, in accordance with section 3 of the Law on freedom of association, individuals are free to join or resign from CGT-Liberté and its affiliated organizations at any time.
  417. 417 The Committee notes CGT-Liberté’s claim that this led to its exclusion from official activities and events involving workers’ organizations, national and international commissions and programmes to assist worker’s organizations, workplace elections (staff delegates), the International Labour Conference, participation in the International Labour Day 2011, and so on.
  418. 418 The Committee notes that the Government, in its reply to these allegations, points out that it does not deprive any trade union of its right to existential freedom and collective bargaining, and that the reported exclusion of CGT-Liberté from official activities and events, national and international commissions and programmes, workplace elections, and so on, is consistent with the move to suspend collaboration with any trade union that shows internal divisions (organizations comprising a number of factions). In short, this was a general public order measure. The Government concludes by pointing out that, if the trade union centre wishes to regain its privileged position, it should seek to heal its internal divisions and promote social dialogue in the interests of restoring the internal harmony necessary for its proper functioning.
  419. 419 The Committee recalls that the principle laid down in Article 2 of Convention No. 87, that workers and employers shall have the right to establish and join organizations of their own choosing, implies for the organizations themselves the right to establish and join federations and confederations of their own choosing. The free exercise of the right to establish and join unions implies the free determination of their structure and composition of unions. By according favourable or unfavourable treatment to a given organization as compared with others, a government may be able to influence the choice of workers as to the organization which they intend to join [see Digest, op. cit., paras 710, 333 and 340]. The Committee considers that the Minister’s decision to suspend all collaboration with trade union centres such as CGT-Liberté, where internal divisions persisted, amounts to interference in their internal affairs.
  420. 420 The Committee notes that the Government in its reply emphasizes that CGT-Liberté, which was established in 2003, has been and will remain a social partner of the Government in Cameroon and at the International Labour Conference. In the light of the information provided, and given that the complainant organization had held a full congress at which new leaders were elected in accordance with the relevant laws and union regulations, the Committee urgently requests that the Government recognize without delay the legitimacy of the elected leaders of CGT-Liberté and resume its social dialogue with that organization so that it may participate in all official activities and events, national and international commissions and programmes, and workplace elections.

The Committee's recommendations

1. 421. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee urgently requests that the Government refrain from any form of interference in the internal affairs of CGT-Liberté in the interests of allowing its members to organize their administration and activities and to elect their representatives freely.
   • (b) The Committee urgently requests that the Government recognize without delay the legitimacy of the elected leaders of CGT-Liberté and resume its social dialogue with that organization so that it may participate in official activities and events, national and international commissions and programmes and workplace elections.