CMNT_TITLE

Abolition of Forced Labour Convention, 1957 (No. 105) - Cameroon (RATIFICATION: 1962)

Other comments on C105

Observation

Direct Request

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Article 1(a) of the Convention. Imposition of penalties of imprisonment involving the obligation to work as punishment for expressing political views or views ideologically opposed to the established political, social or economic system. For a number of years, the Committee has been drawing the Government’s attention to certain provisions of the national legislation, under which criminal penalties involving compulsory prison labour (pursuant to section 24 of the Penal Code and section 49 of Decree No. 92-052, of 27 March 1992, issuing the prison regulations) may be imposed in situations covered by Article 1(a) of the Convention. The Committee emphasized that where an individual is, in any manner whatsoever, compelled to perform prison labour as punishment for expressing certain political views or opposing the established political, social or economic system, this is not in conformity with the Convention. More particularly, the Committee referred to the following legal provisions:

– section 113 of the Penal Code, under which any person issuing or propagating false information that may be detrimental to the public authorities or national unity shall be liable to imprisonment of three months to three years;
– section 153 of the Penal Code, under which any person who insults the President or a foreign head of State shall be liable to imprisonment of six months to five years;
– section 154(2) of the Penal Code, under which any person guilty of incitement, whether in speech or in writings intended for the public, to revolt against the Government and the institutions of the Republic shall be liable to imprisonment of three months to three years;
– section 157(1)(a) of the Penal Code, under which any person guilty of incitement to obstruct the enforcement of any law, regulation or lawfully issued order of the public authority shall be liable to imprisonment of three months to four years;
– section 33(1) and (3) of Law No. 90-53, of 19 December 1990, concerning freedom of association, under which board members or founders of an association which continues operations or which is re-established unlawfully after a judgment or decision has been issued for its dissolution, and persons who have encouraged the assembly of members of the dissolved association by allowing continued use of the association’s premises, shall be liable to imprisonment of three months to one year. Section 4 of the Law provides that associations founded in support of a cause or for a purpose contrary to the Constitution, or associations whose purpose is to undermine, inter alia, security, territorial integrity, national unity, national integration or the republican nature of the State, shall be null and void. Furthermore, section 14 provides that the dissolution of an association does not prevent any legal proceedings from being instituted against the officials of such an association.

The Committee notes the Government’s indication that, in practice, prison labour is subject to the consent of the prisoners and focuses on the preparation of their social reintegration. The Committee observes in this regard that section 24 of the Penal Code specifically provides that persons serving a prison sentence are obliged to work. It notes with deep concern that, despite the adoption of Law No. 2019/20, of 24 December 2019, to amend and supplement certain provisions of the Penal Code, and Law No. 2020/9 of 20 July 2020, to amend and supplement Law No. 90-53, the Government did not make use of this opportunity to review the above-mentioned legislative provisions, taking into account the explanations provided regarding the scope of the protection afforded by the Convention.

The Committee observes that in its 2020 observation under the Freedom of Association and Protection of the Rights to Organize Convention, 1948 (No. 87), it noted with deep concern that some of the situations covered under the definition of terrorism, as provided for in section 2 of the Law on the suppression of terrorism (Law No. 2014/028 of 23 December 2014), could apply to acts related to the legitimate exercise of activities by trade unions or employers’ representatives. The Committee recalls that section 2 of the Law refers to acts committed with the intention of “disrupting the normal operation of public services or the delivery of essential public services, or creating a public crisis” and provides for penalties of imprisonment from 15 to 20 years. The Committee also notes that, in its 2019 concluding observations, the UN Committee on Economic, Social and Cultural Rights expressed specific concern about reports that human rights defenders, including those working to defend economic, social and cultural rights, operate under restrictive conditions and are often subjected to various forms of harassment or reprisal (E/C.12/CMR/CO/4, 25 March 2019, paragraphs 10 and 38).

The Committee wishes once again to draw the Government’s attention to Article 1(a) of the Convention which prohibits the use of compulsory labour, including compulsory prison labour, as a punishment for persons who hold or express political views or views ideologically opposed to the established political, social or economic system. The Committee emphasizes that the range of activities which must be protected, under this provision, from punishment involving compulsory labour includes the freedom to express political or ideological views, which may be exercised orally or through the press or other communications media, as well as various other generally recognized rights, such as the right of association and of assembly, through which citizens seek to secure the dissemination and acceptance of their views (see General Survey of 2012 on the fundamental Conventions, paragraph 302). The Committee therefore strongly urges the Government to take the necessary steps to review the above mentioned provisions of the Penal Code, the Law No. 90-53 concerning freedom of association, and the Law No. 2014/028 on the suppression of terrorism, in such a way that, both in law and practice, no penalty of imprisonment (which entails compulsory labour) can be imposed on persons who peacefully express political views or views ideologically opposed to the established political, social or economic system. The Committee requests the Government to provide information on the practical application of the provisions in question, including the number of convictions for violations thereof, and the facts that led to the convictions.