Rapport où le comité demande à être informé de l’évolution de la situation - Rapport No. 365, Novembre 2012

Cas no 2808 (Cameroun) - Date de la plainte: 29-JUIL.-10 - Clos

Allegations: The complainant organization reports acts of anti-union interference, as well as decisions taken in retaliation for legitimate trade union activities (deductions from wages, suspension without pay of union members)

1. 291. The Committee last examined the substance of this case at its November 2011 meeting and adopted an interim report approved by the Governing Body at its 312th Session [see 362nd Report, paras 339–357].
2. 292. The Government sent partial information in a communication dated 23 July 2012.
3. 293. 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. Previous examination of the case

1. 294. In its previous examination of the case in November 2011, the Committee made the following recommendations [see 362nd Report, para. 357]:
   • (a) The Committee regrets that the Government has not replied to the complainant organization’s allegations, despite having been invited on a number of occasions, including by means of an urgent appeal, to present its comments and observations on the case. The Committee urges the Government to be more cooperative in future.
   • (b) The Committee urges the Government without delay to initiate an inquiry into the allegations of interference by the Director-General of CNPS in the internal affairs of SNEGCBEFCAM and to report on the outcome.
   • (c) The Committee urges the Government to indicate whether the rights of Mr Amogo Foe have been restored in accordance with the labour inspectorate’s decision of 1 February 2010. The Committee expects that Mr Amogo Foe will be fully compensated and that the Government will ensure that such acts of anti-union discrimination do not recur in future, including through the provision of dissuasive sanctions.
   • (d) The Committee urges the Government to ensure that the labour inspectorate examines the case file of Mr Oumarou Woudang and to keep it informed in that regard.

B. The Government’s reply

1. 295. In a communication dated 23 July 2012, the Government states that the National Social Insurance Fund (CNPS) has always respected freedom of association; this is corroborated by the fact that there are trade unions in the Fund, of which four sit on the executive board. The Government adds that thanks to various consultations initiated by the Ministry of Labour and Social Security, the outlook for trade union issues is very promising at the CNPS.

C. The Committee’s conclusions

1. 296. The Committee recalls that this case concerns allegations of anti-union interference in the CNPS and decisions taken in retaliation for legitimate trade union activity (deductions from wages, suspension without pay of union members). The Committee also recalls that the complainant organization, the General Union of Workers of Cameroon (UGTC) had stated that it was acting on behalf of its affiliated organization, the National Union of Employees, Supervisors and Managers of Banks and Financial Establishments of Cameroon (SNEGCBEFCAM).
2. 297. The Committee notes the Government’s general reply concerning this case, especially its indication that, thanks to the various consultations initiated by the Ministry of Labour and Social Affairs, the outlook for trade union matters is very promising at the CNPS. The Committee welcomes this information and requests the Government to keep it informed of any developments in this respect. The Committee nevertheless reminds the Government that, during its previous examination of this case, it had made a certain number of recommendations on serious matters, to which the Government was bound to reply.
3. 298. The Committee recalls that the complainant organization had denounced acts of interference by the Director-General of the CNPS who had allegedly issued a statement disparaging the SNEGCBEFCAM, calling its claims “highly exaggerated and contrary to the position of other unions”; he had also distributed a petition against the SNEGCBEFCAM in order to gather staff signatures by coercion. The Committee strongly urges the Government once again to indicate without delay whether an inquiry into these allegations has been initiated and, if so, to inform it of the outcome.
4. 299. Furthermore, the Committee recalls that the complainant organization’s allegations also concerned anti-union discrimination against a staff delegate, Mr Pierre Amogo Foe. Deductions had allegedly been made from his wages, in violation of the labour legislation, and the labour inspectorate had instructed the general management of the CNPS to restore the rights of Mr Pierre Amogo Foe in a ruling dated 1 February 2010. However, the CNPS general management refused to comply with the ruling of the labour inspectorate and wage reductions continued. The Committee expects the Government to inform it that the rights of Mr Amogo Foe have meanwhile been restored in accordance with the ruling of the labour inspectorate and that, furthermore, he has been fully compensated. The Committee reminds once again the Government of the need to ensure that such acts of anti-union discrimination do not recur in the future, including through the provision of adequately dissuasive sanctions.
5. 300. Finally, the Committee recalls that the UGTC also made allegations of anti-union discrimination against staff delegate Mr Oumarou Woudang, who was suspended without pay as a final warning before dismissal in July 2009 for “copying and distributing notice of trade union strike action during working hours”. The Committee expects the Government to indicate the measures it has taken to ensure that the labour inspectorate examines the case file of Mr Oumarou Woudang as well as any follow-up action taken.

The Committee’s recommendations

1. 301. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee welcomes the information that the outlook for trade union issues is very promising at the CNPS and requests the Government to keep it informed of any new developments in this respect.
   • (b) The Committee strongly urges the Government to indicate without delay whether an inquiry into the allegations of interference by the Director-General of the CNPS in the internal affairs of SNEGCBEFCAM has been initiated and, if so, to report on the outcome.
   • (c) The Committee expects the Government to inform it that the rights of Mr Amogo Foe, staff delegate, have been restored in accordance with the ruling of the labour inspectorate and that, furthermore, he has been fully compensated. The Committee reminds once again the Government of the need to ensure that such acts of anti-union discrimination do not recur in the future, including through the provision of adequately dissuasive sanctions.
   • (d) The Committee expects the Government to indicate the measures it has taken to ensure that the labour inspectorate examines the case file of Mr Oumarou Woudang, the staff delegate who was suspended and then dismissed, as well as any follow-up action taken.