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Comments adopted by the CEACR: Cameroon

Adopted by the CEACR in 2021

C094 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 2. Inclusion of labour clauses in public contracts. In its previous comment, the Committee requested the Government to take the necessary measures (legislative, administrative or others) for the inclusion in all public contracts to which the Convention is applicable of labour clauses consistent with the requirements of Article 2 of the Convention and for the enforcement of such clauses in the manner prescribed by Articles 4 and 5 of the Convention. The Committee notes with interest the Government’s indication that the Public Procurement Code was revised by Decree No. 2018/366 of 20 June 2018, and that 12 out of 19 implementing texts have been finalized with the cooperation of the sectoral administrations. It also notes that three other Orders were signed on 21 October 2019 by the Minister Delegate at the Presidency in charge of public procurement. These Orders set, respectively, the nature and the thresholds of the markets reserved for crafts workers (artisans), small and medium-sized enterprises, grassroots, community-based organizations and civil society organizations and the terms of their application; thresholds for the use of private project management and the terms for exercising public project management; and ceilings for the indemnities paid by the project managers and the delegated project managers to the presidents, members and rapporteurs of the committees for monitoring and verification. The Government indicates in its report that the new Public Procurement Code incorporates the provisions of the Convention in sections 88(1), 124, 55(2)(c)–(f), 57(1)(b), 158(f) and 192. The Committee notes that section 57(1)(b) of the new Code provides that “the conditions for the performance of public contracts must include social, economic and environmental considerations, likely to promote local labour and decent work and, where appropriate, to achieve the objectives of sustainable development. This refers particularly to “the introduction into the market of clauses stipulating respect of labour standards ratified by Cameroon”. In this context, the Committee refers to paragraph 117 of the 2008 General Survey concerning labour clauses in public contracts, in which it highlights that the Convention does not relate to some general eligibility criteria, or prequalification requirements, of individuals or enterprises bidding for public contracts but requires a labour clause to be expressly included in the actual contract that is finally signed by the public authority and the selected contractor. It also notes that a labour clause has to constitute an integral part of the actual contract signed by the selected contractor and that the insertion of labour clauses in tender documents, such as the general conditions or specifications, even though required under the terms of Article 2, paragraph 4, of the Convention, does not suffice to give effect to the basic requirement of the Convention set out in Article 2, paragraph 1. The Committee requests the Government to provide information on the content and impact of the new legislation to enable it to evaluate its compatibility with the requirements of the Convention. In addition, the Committee requests the Government to provide detailed and up-to-date information concerning the application in practice of the Convention and to provide copies of recent public contracts in which labour clauses have been inserted in conformity with the requirements of the new Public Procurement Code, particularly section 57(1)(b).

Adopted by the CEACR in 2020

C108 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes the reports submitted by the Government on Conventions Nos. 108 and 146. In order to provide an overview of the issues concerning the application of the maritime Conventions, the Committee considers it appropriate to examine these reports in a single comment.
The Committee notes the observations of the Cameroon National Seafarers Union (SYNIMAC), received by the Office on 27 July 2020, on the failure to observe seafarers’ rights and the need to accelerate the ratification of the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Committee requests the Government to provide its comments in this regard.
Seafarers’ Identity Documents Convention, 1958 (No. 108). Article 2(1). Issuance of a seafarers’ identity document (SID). In its previous comment, the Committee requested the Government to indicate the measures adopted to ensure the issuance of a SID to each of its nationals who is a seafarer, in accordance with the Convention, without regard to their level of training or professional experience. In its reply, the Government indicates that a SID is issued to each applicant and enables the identification of the holder, without regard to the status of the booklet as temporary or permanent. The Committee notes this information. The Committee notes that SYNIMAC refers to the need to establish electronic SIDs in accordance with the Seafarers’ Identity Documents Convention (Revised), 2003, as amended (No. 185). The Committee requests the Government to provide its comments in this regard.
Article 4. Form and content of the SID. In its previous comment, the Committee requested the Government to provide an up-to-date specimen of the SID and the maritime seafarers’ booklet. The Committee observes, however, that the Government has not provided these documents. The Committee once again requests the Government to provide an up-to-date specimen of the SID and the maritime seafarers’ booklet.
Article 5. Readmission to the territory. In reply to the Committee’s previous comments, the Government indicates that the readmission of a seafarer to Cameroonian territory is not subject to the renewal of the contract. In the absence of information on the relevant legislative and regulatory provisions, the Committee requests the Government to indicate how effect is given to this provision of the Convention.
Seafarers’ Annual Leave with Pay Convention, 1976 (No. 146). Article 5. Calculation of length of service. In its previous comment, the Committee requested the Government to provide a copy of the text of the collective agreement for maritime shipping so that it could assess whether the calculation of length of service is in conformity with the requirements of the Convention. In its reply, the Government indicates that the collective agreement for maritime shipping is in the process of being drafted. The Committee requests the Government to provide a copy of the text of the collective agreement once it has been adopted.
Article 10. Leave. In its previous comment, noting that section 432 of Regulation No. 08/12-UEAC-088-CM-23 of the Central African Economic and Monetary Community (CEMAC) adopting the Merchant Shipping Community Code of 22 July 2012 (hereinafter: Community Code) reproduces the terms of Standard A2.4(2) and (3) of the MLC, 2006, the Committee requested the Government to indicate the extent to which the Community Code was applied in practice in Cameroon. In its reply, the Government indicates that the Community Code is applicable at the national level, referring to, among other provisions, section 798(2) of the Code, which specifies that the Code is directly applicable in all the member States. The Committee notes this information.
Article 11. Relinquishment of the right to leave. In its previous comment, the Committee requested the Government to indicate the manner in which section 92(5) of the Labour Code and section 432 of the Community Code prohibiting the relinquishment of the right to the minimum annual leave with pay are applied in practice and brought to the attention of the persons concerned. In its reply, the Government indicates that “section 92(5) provides that, as leave is granted to workers to allow them to rest, the payment of monetary compensation in lieu of leave is strictly prohibited in all other cases. Therefore, the provisions of the aforementioned section are applicable throughout the country.” The Committee notes this information.
Article 12. Recall of seafarers on leave. In its previous comment, the Committee requested the Government to indicate the manner in which it ensures the application of Article 12 of the Convention. In its reply, the Government indicates that, to date, the Cameroonian legislator has not legislated on this matter. However, the Committee notes that section 434(4) of the Community Code provides that seafarers on annual leave cannot be recalled except in cases of extreme emergency and with their agreement. Referring to the Government’s indications concerning the direct application of the Community Code in Cameroon, the Committee notes this information.

Adopted by the CEACR in 2019

C097 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

In order to provide an overview of matters relating to the application of the ratified Conventions on migrant workers, the Committee considers it appropriate to examine Conventions Nos 97 and 143 together.

Matters common to the application of Conventions Nos 97 and 143

Statistical data on migration. The Committee notes the Government’s indication that it does not have any statistical data on migration to and from Cameroon. The Government also indicates that it does not have statistics enabling an evaluation of the application of the Conventions in practice, such as data on the numbers of inspections carried out, infringements recorded and penalties imposed. However, the Committee notes the Government’s indication that the National Institute of Statistics (INS) is conducting surveys on migration. The Committee recalls that appropriate data and statistics are crucial in determining the nature of labour migration and inequalities of treatment faced by migrant workers, to set priorities and design measures, and to evaluate their impact (2016 General Survey, Promoting fair migration, paragraph 648). The Committee requests the Government to take steps to collect and analyse relevant data on migration flows to and from Cameroon, and on the situation of migrant workers in Cameroon.
Article 1 of Convention No. 97 and Articles 10 and 12 of Convention No. 143. National migration policy promoting equality of opportunity and treatment. The Committee previously asked the Government to provide information on the implementation of the national migration policy, and on progress made on adopting and implementing a policy designed to promote equality of opportunity and treatment specifically intended for migrant workers. The Committee notes the indications in the Government’s reports that: (1) the Prime Minister’s Office coordinates public migration policies; (2) by an Order of 26 February 2016, a platform for combating irregular migration has been established with the task of formulating a migration policy; and (3) the Government undertakes to incorporate equality of opportunity and treatment in the migration policy which is being prepared. The Committee recalls the vital importance of good governance of international migration, which requires a multi-faceted approach and coherence between different public policies (particularly regarding equality and employment). The Committee requests the Government to provide information on progress made in formulating a national migration policy promoting equality of opportunity and treatment.
Articles 1, 7 and 10 of Convention No. 97 and Article 4 of Convention No. 143. Cooperation between States. The Committee previously asked the Government to provide detailed information on: (1) the implementation of cooperation agreements on migration for employment; and (2) the activities of the National Employment Fund (FNE) regarding cooperation with the employment services of other member States. The Committee notes the Government’s reference in its reports to the following agreements and projects: the project to promote the protection of domestic workers in Cameroon, in cooperation with the International Organization for Migration (IOM); the project on labour migration management, in partnership with the European Union, the IOM, the African Union, Benin, Mali and Senegal; the cooperation agreement on the coordinated management of migration flows between Cameroon and France; and the agreements on the movement of persons concluded with Nigeria, Mali and France. The Committee requests the Government to provide a copy of the agreements concluded on migration, and to indicate whether this has enabled the systematic exchange of information with other States. It also requests the Government to clarify whether the FNE cooperates with the employment services of other member States. Lastly, the Committee requests the Government to clarify whether the social partners are consulted before agreements are concluded.
Article 8 of Convention No. 97 and Article 8 of Convention No. 143. Legal status in the event of incapacity for work or loss of employment. The Committee previously asked the Government to provide information on the legal status of migrant workers admitted to the country on a permanent basis in the event that they are unable to work because of illness or injury (Article 8 of Convention No. 97) and of migrant workers in the event of loss of employment (Article 8 of Convention No. 143). The Committee notes the Government’s indication in its report that the loss of migrant workers’ employment cannot cause the withdrawal of their residence permit or work permit, and that these workers are treated in the same way as nationals. In this regard, the Committee notes that: (1) the Government refers to Act No. 97/012 of 10 January 1997 concerning the conditions of entry, residence and exit for foreigners to and from Cameroon (Act No. 97/012), and also Decree No. 2007/255 of 4 September 2007 establishing the conditions of application of Act No. 97/012 (Decree No. 2007/255); and (2) sections 34 and 39 of Act No. 97/102, which list the grounds for expulsion from the country, do not include incapacity for work or loss of employment in the list. The Committee take note of all this information.

Matters specifically relating to the application of Convention No. 97

Articles 2 and 4. Free service to assist migrants for employment. Measures to facilitate the departure, journey and reception of migrants for employment. The Committee previously asked the Government to provide information on the existence of a free service to assist migrant workers and on any other measures taken to facilitate their departure, journey and reception. The Committee notes the Government’s indication in its report that the FNE facilitates the negotiation of employment contracts between nationals and enterprises in the host country. However, the Committee notes that this information does not make it possible to determine what specific measures of assistance are provided to facilitate the departure, journey and reception of migrant workers. The Committee requests the Government to provide more detailed information on the services provided by the FNE to prospective emigrants (in order to determine whether these services are free of charge, whether they are offered to all nationals wishing to emigrate, and whether the FNE disseminates information on emigration). It also requests the Government to indicate whether a service exists that provides information free of charge to migrants entering Cameroon for employment. Lastly, the Committee requests the Government to provide detailed information on any other measures taken to facilitate the departure, journey and reception of migrants for employment.
Article 3. Measures against misleading propaganda. The Committee previously asked the Government to indicate what measures had been taken to combat the dissemination of misleading propaganda relating to emigration and immigration. The Committee notes the Government’s indications in its report that: (1) awareness-raising campaigns are organized in various media (particularly making use of posters); (2) organizers of irregular movements of foreign workers are arrested; and (3) the Ministry of Employment and Vocational Training supervises the activities of private employment agencies. While noting this information, the Committee requests the Government to provide detailed information on the supervision of private employment agencies (including on licencing or accreditation procedures and any inspections to which they may be liable), and also on penalties imposed when these agencies, other intermediaries or employers disseminate misleading information to migrant workers.
Article 9. Transfer of the earnings and savings of migrant workers. In its previous comments, the Committee noted the Government’s indication that limits to transfers of earnings and savings of migrant workers were established by contractual agreements and it asked the Government to provide information on the limits applied. The Committee notes the Government’s indication that this information is not available. The Committee once again requests the Government to provide information on the limits applied in practice to transfers of the earnings and savings of migrant workers.

Matters specifically relating to the application of Convention No. 143

Article 1. Basic human rights for all migrant workers. In its previous comments, the Committee asked the Government to provide information on the measures taken to ensure respect for the basic human rights of all migrant workers. The Committee notes that the Government’s report does not contain any information on this point. It also notes the concluding observations of the United Nations Human Rights Committee, which expressed concern at reports that refugees and asylum seekers from Nigeria have been ill-treated by the armed forces and that there have been mass forced expulsions of such persons for alleged collaboration with terrorist movements (CCPR/C/CMR/CO/5, 30 November 2017, paragraph 35). Recalling that refugees and displaced persons working outside their country of origin are covered by the Convention, the Committee requests the Government to provide information on the measures taken to ensure respect for the basic human rights of the aforementioned persons.
Articles 2 and 3(a). Measures to suppress clandestine movements of migrants for employment and illegal employment of migrants. The Committee previously asked the Government to provide information on measures to detect illegal and clandestine movements of migrant workers, and on the role of the National Observatory for Employment and Vocational Training (ONEFOP) in the context of migration. The Committee notes the Government’s indication that: (1) ONEFOP plays a key role in this context; (2) statistics on the number of migrant workers subjected to abusive conditions or employed illegally are not available; and (3) a platform for combating irregular migration was established in 2016. The Committee requests the Government to provide detailed information on the activities of ONEFOP and the platform for combating irregular migration in relation to the detection and suppression of clandestine movements of migrants for employment and illegal employment of migrants.
Articles 3(b) and 6. National legislation and penalties. The Committee previously asked the Government to provide information on the measures taken against organizers of clandestine movements of migrants and against employers of workers who have migrated in illegal conditions. The Committee notes the Government’s indication that the national legislation covers the issue of clandestine migration (particularly through Act No. 2011/024 of 14 December 2011 concerning action against trafficking in persons and Act No. 2016/007 of 12 July 2016 issuing the Penal Code), and establishes administrative and criminal penalties in the matter. It also notes the Government indication that statistics on the number and nature of offences recorded and penalties imposed are not available. The Committee requests the Government to take steps to collect data on the number and nature of offences recorded and penalties imposed and applied.
Article 9(3). Costs of expulsion. In its previous comments, the Committee noted the Government’s indication that the costs of expulsion were borne by the employer of the migrant workers concerned, and it asked the Government to indicate the measures taken or envisaged to ensure that migrant workers and their families do not have to bear these costs in practice. The Committee notes that the Government does not provide any information on this point. It also observes that neither Act No. 97/102 nor Decree No. 2007/255 establishes who shall bear the costs of expulsion. The Committee once again requests the Government to indicate whether measures have been taken in this regard.
Article 14(c). Restrictions relating to limited categories of employment. In its previous comments, the Committee noted the Government’s indications that certain posts (in middle management, supervisory posts and manual jobs) are reserved as a priority for Cameroonian nationals. The Committee notes the Government’s indication that these restrictions are no longer applied.

C143 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 9(1) and (2) of the Convention. Rights arising out of past employment. In its previous comments, the Committee asked the Government to clarify how migrant workers, whose employment contracts are null and void under section 27 of the Labour Code (as a result of not bearing the official stamp of the Ministry of Labour), can assert their rights to pay, social security and other benefits. The Committee notes that the Government indicates once again that the workers concerned can have recourse to the labour inspectorate but states that it does not have any statistical data in this area. It recalls that where the contract of employment of the migrant worker in an irregular situation is null and void, it can result in the migrant worker being unable to ascertain any rights arising out of past employment because of the lack of a contractual basis on which to make a claim (2016 General Survey, Promoting fair migration, paragraph 304). The Committee once again requests the Government to take steps to ensure that migrant workers whose employment contracts have been declared null and void under section 27 of the Labour Code can assert their rights under the same conditions as other migrant workers. In particular, it requests the Government to take steps to ensure that the migrant workers concerned can submit claims not only with the labour inspectorate but also with a court that has competence in social matters. As regards social security rights, the Committee notes that the Government refers to the conclusion of reciprocity agreements with other member States. Recalling that the reciprocity principle does not apply in the context of the application of Article 9 (2016 General Survey, paragraph 312), the Committee urges the Government to take steps to ensure that migrant workers can be affiliated to social security without any condition of reciprocity. In this regard, it also requests the Government to indicate whether the social security rights of migrant workers can be lost as a result of illegal residence.
Article 10. Exercise of trade union rights. In its previous comments, the Committee noted that section 10(2) of the Labour Code provided that foreigners needed to have been resident in the country for at least five years before being permitted to establish a trade union. It asked the Government to take steps to ensure that the trade union rights of foreign workers would be guaranteed on an equal footing with nationals. Noting that the Government does not supply any information on this matter, the Committee once again requests the Government to take measures to this end.
The Committee is raising other matters in a request addressed directly to the Government.
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