Observación (CEACR) - Adopción: 2024, Publicación: 113ª reunión CIT (2025)

Convenio sobre la libertad sindical y la protección del derecho de sindicación, 1948 (núm. 87) - Camerún (Ratificación : 1960)

In its previous comments, the Committee noted the observations of the International Trade Union Confederation (ITUC) concerning repeated police violence against strikers, cases of interference by the authorities in trade union elections, acts of vandalism on trade union premises, and trade union harassment.

The Committee notes with deep regret that the Government has not provided the requested information in response to reports of anti-union practices which have been highlighted for many years. The Government merely indicates that the allegations in question are too general for it to be able to provide a precise reply. The Committee reminds the Government that it is responsible for taking all the necessary measures to ensure that the competent authorities conduct the necessary investigations into the reported acts of violence and interference, and to take without delay the corrective measures required, if it is proven that the trade union rights recognized in the Convention have been obstructed. The Committee once again urges the Government to provide detailed information in this regard.

Further to its previous comments on the failure to register eight unions of public sector education employees reported by Education International (EI), the Committee recalls that the Government first indicated that this situation had arisen because the post of union registrar was vacant, before indicating subsequently that the process of issuing registration certificates was suspended in order to “clean up the union file”. The Committee notes with deep regret that the Government now indicates that it is unable to provide any suitable response since it does not know which organizations are concerned. Recalling that the right to establish trade union organizations must be guaranteed without prior authorization and that any registration procedure must be no more than a formality, the Committee urges the Government to take the necessary steps to ensure the registration of the relevant organizations of public sector education employees.

Article 3 of the Convention. Act on the suppression of terrorism. In its comments relating to the Act on the suppression of terrorism (Act No. 2014/028 of 23 December 2014), the Committee has drawn the Government’s attention on several occasions to the wording of section 2(1), under which “the death penalty shall be imposed on anyone who … commits or threatens to commit any act that may cause death, endanger physical safety, result in bodily injury or damage to property or harm natural resources, the environment or the cultural heritage with the intention of: (a) intimidating the public, causing a situation of terror or forcing a victim, the Government and/or a national or international organization to carry out or refrain from carrying out a given act, to adopt or renounce a particular position or to act according to certain principles; and (b) disrupting the normal operation of public services or the provision of essential public services, or creating a public crisis …”. The Committee notes that the Government reiterates that the definition of “terrorist act” stems from the Organization of African Unity (OAU) Convention of 1999 and explains that the provisions of the above-mentioned texts in no way seek to restrict trade unions in the exercise of their activities. However, the Committee recalls that some of the situations covered by the Act of 23 December 2014 might relate to the legitimate exercise of activities by the representatives of trade unions or employers pursuant to the Convention, with particular reference to protest actions or strikes that might have direct repercussions on public services. The Committee also recalls that, in view of the penalty incurred, such a provision might have a particularly intimidating effect on representatives of trade unions or employers expressing views or taking action in the context of their mandates and might undermine trade union action. The Committee urges the Government to take the necessary steps to amend section 2 of the Act on the suppression of terrorism in such a way that it does not apply to the legitimate activities of workers’ and employers’ organizations, which are protected under the Convention.

Articles 2 and 5. Legislative reform. The Committee recalls that its previous comments, some of which date back more than 30 years, refer to the need to: (i) amend Act No. 68/LF/19 of 18 November 1968 (under which the legal existence of a trade union or occupational association of public servants is subject to prior approval by the Minister of Territorial Administration); (ii) amend sections 6(2) and 166 of the Labour Code (which lay down penalties for persons promoting a trade union which has not yet been registered and acting as if the said union had been registered); and (iii) repeal section 19 of Decree No. 69/DF/7 of 6 January 1969 (under which trade unions of public servants may not affiliate to an international organization without obtaining prior authorization). The Committee notes with deep regret that the Government merely indicates that consultations between the Government and the social partners are ongoing with a view to updating the draft new Labour Code and that it does not provide any information in response to the need to amend Act No. 68/LF/19 of 18 November 1968 and repeal Decree No. 69/DF/7 of 6 January 1969. Deploring the absence of progress on this matter, the Committee is bound once again to urge the Government to take the necessary measures to complete the legislative revision process without further delay so as to give full effect to the provisions of the Convention on the above-mentioned points which it has been recalling for several decades. The Committee trusts that the Government will show greater cooperation in the future and recalls that the Government can avail itself of the technical assistance of the Office.