Observación (CEACR) - Adopción: 2025, Publicación: 114ª reunión CIT (2026)

Convenio sobre los trabajadores migrantes (disposiciones complementarias), 1975 (núm. 143) - Camerún (Ratificación : 1978)

The Committee notes with regret the absence of information in response to its previous observation.

Article 9(1) and (2) of the Convention. Rights arising out of past employment.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, including before a court that has competence in social matters.

Principle of reciprocity. The Committee recalls that the principle of reciprocity is not a central principle of the Convention, which is primarily based on fundamental human rights and the rights of the worker, and is not dependent on obligations imposed by reciprocity between States. Each ratifying State agrees to apply the rights and guarantees pertaining in its territory, regardless of the behaviour of other States. The Committee again 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. The Committee observes that while the Labour Code recognizes the rights of workers and employers, without distinction whatsoever, to set up freely and without prior authorization trade unions or employers’ associations and to join a trade union or employers’ association of their choice (sections 3 and 4), it imposes a five-year residency requirement on foreigners before they can be appointed to a trade union office (be responsible for the administration and management of a trade union or apply for the registration thereof) (section 10(2)). The Committee emphasizes that all workers, without any distinction, must enjoy the right to unionize. It also considers that national legislation should allow foreign workers to take up trade union office after a reasonable period of residency. Considering that the five-year period established in the legislation to hold trade union office is excessively long, the Committee strongly urges the Government to take the necessary measures to lower it and recalls in this respect that a period not exceeding three years could be considered as being reasonable.

Articles 10 and 12. National migration policy to promote equality of opportunity and treatment. The Government indicates that a draft national policy on labour migration (PNMMO), based on rights and gender-sensitive, was validated in 2023 and is currently pending adoption. The Committee requests the Government to communicate information on: (i) progress made on the adoption and implementation of the PNMMO; and (ii) measures provided under this policy to ensure equality of treatment and opportunity as regards employment, social security, cultural and trade union rights, as well as individual and collective freedoms for migrant workers and their families legally present on Cameroonian territory.

The Committee is raising other matters in a request addressed directly to the Government.