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Medical Examination of Young Persons (Industry) Convention, 1946 (No. 77) - Cameroon (RATIFICATION: 1970)

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The Committee notes the observations of the General Union of Workers of Cameroon (UGTC) received on 3 October 2016, as well as the Government’s report.

Application of the Convention in practice. In its previous comments, the Committee noted that Order No. 15 of 15 October 1979 on the organization and functioning of occupational medical services, which gives effect to some provisions of the Convention, has remained in force following the adoption of Act No. 92/007 of 14 August 1992 issuing the Labour Code. The Committee noted that, in addition to this Order and the Labour Code, Order No. 17 of 27 May 1969 on child labour continues to give effect to the provisions of the Convention.

The Committee notes the Government’s indication in its report that it is seeking to strengthen the capacities of labour inspectors through training. However, according to the UGTC, the Government has not taken any measures to ensure the application in practice of the pertinent provisions of the Labour Code, Order No. 15 of 15 October 1979 or Order No. 17 of 27 May 1969.

Moreover, the Committee noted in its comments on the Minimum Age Convention, 1973 (No. 138), that the Government had adopted a National Plan of Action for the Elimination of the Worst Forms of Child Labour (PANETEC) 2014–2016 in March 2014. It noted that, under PANETEC, the reinforcement of the means of action of labour inspectors and the extension of their intervention are priorities. Substantial resources (logistics and transport, operating budget) will be allocated to the labour inspection services so that they can effectively expand their interventions to combat child labour. The Committee therefore requests the Government to take measures to ensure the application of the Convention in practice and to provide information on the results achieved, particularly under PANETEC. It also requests the Government to provide statistics on the number of employed young persons who have undergone the medical examinations provided for under the Convention.

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Part V of the report form. Application of the Convention in practice. In its previous comments the Committee noted that Order No. 15 of 15 October 1979 on the organization and running of the occupational medical services, which gives effect to some provisions of the Convention, has remained in force following the adoption of Act No. 92/007 of 14 August 1992, issuing the Labour Code. In addition to the abovementioned Order and the Labour Code, the Committee noted that Order No. 17 of 27 May 1969 on child labour continues to give effect to the provisions of the Convention. It further noted the information supplied by the Government to the effect that the commission responsible for evaluating and following up implementation of ILO Conventions had met and examined this Convention among others, and that its report would be sent to the Office. The Government also indicated that neither statistical data nor labour inspection reports were available but that measures had been taken to set up a database on child labour.

The Committee notes that the Government’s report contains no new information. It observes, however, that the Government has sent the Office the annual inspection report for 2008 with its report submitted under the Labour Inspection Convention, 1947 (No. 81). According to the inspection report, labour inspectors are responsible for monitoring, inter alia, the implementation of the Labour Code and Order No. 15 of 15 October 1979 on the organization and running of occupational medical services. The Committee notes that in the area of occupational health and medicine, 79 infringements were reported, and that 64 observations and ten warnings were issued in this connection. As regards children’s working conditions, five infringements were reported, giving rise to five observations and one warning. The Committee notes that only 20 children and young persons working in the hotel and catering sector were monitored, whereas 13,132 men and 4,054 women in 1,125 establishments were inspected. However, in its comments under the Minimum Age Convention, 1973 (No. 138), the Committee observed that, according to statistics communicated by the Government and compiled by the National Report on Child Labour in Cameroon published in December 2008, 41 per cent of children aged from 5–17 years, i.e. 2,441,181, worked in Cameroon in 2007. The Committee must therefore express its concern at the weak application of the provisions giving effect to the Convention. It urges the Government to take the necessary measures to ensure that the provisions of the Labour Code, Order No. 15 of 15 October 1979 on the organization and running of the occupational medical services and Order No. 17 of 27 May 1969 on child labour that gave effect to the Convention, are applied in practice, in particular by strengthening the capacity of labour inspectors. It requests the Government to provide information on the measures taken to this end and on the results achieved. It again requests the Government to send as soon as possible the report of the commission responsible for the evaluation and follow-up of the implementation of ILO Conventions.

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Part V of the report form. Application of the Convention in practice. In its previous comments, the Committee noted that, in July 2001, the Minister of Employment, Labour and Social Insurance established a commission to evaluate and follow up implementation of ILO Conventions, the responsibilities of which include preparing draft legislation to bring the laws and regulations of Cameroon into compliance with international labour Conventions ratified by Cameroon. It also noted that at its first meeting, in August 2001, the commission examined this Convention among others. The Committee asked the Government to provide information on the results of the commission’s work and on the manner in which the Convention is applied in practice.

In its report, the Committee indicates that the commission responsible for evaluating and following up implementation of ILO Conventions convened and that its report will be sent to the Office shortly. It also indicates that neither statistical data nor labour inspection reports are available. However, measures are being taken to set up a database on child labour. The Committee notes the information sent by the Government. It asks the Government to send as soon as possible the report of the commission responsible for evaluating and following up the implementation of ILO Conventions. While expressing the hope that the database on child labour will be put into operation as soon as possible, the Committee asks the Government also to provide information on the application of the Convention in practice, such as statistics on the number of young persons engaged in work and who are subject to medical examinations, and extracts of the reports of the inspection services indicating the number and nature of the infringements reported.

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The Committee notes the information provided by the Government in its report. It notes in particular that Order No. 15, of 15 October 1979, respecting the organization and operation of occupational medical services, which gives effect to certain provisions of the Convention, has remained in force following the adoption of Act No. 92/007, of 14 August 1992, issuing the Labour Code. In addition to the above Order and the Labour Code, the Committee notes that Order No. 17, of 27 May 1969, respecting child labour, continues to give effect to the provisions of the Convention.

The Committee also notes Decision No. 103, of 17 July 2001, of the Minister of Employment, Labour and Social Insurance, establishing a commission to evaluate and follow up the implementation of ILO Conventions, the responsibilities of which include preparing draft legislation to bring the laws and regulations of Cameroon into compliance with international labour Conventions ratified by the country and preparing government replies to the comments of the ILO’s Committee of Experts. The Committee notes that at its first session on 6 and 7 August 2001, the above commission examined this Convention, among others. It therefore requests the Government to provide information on the outcome of the above commission’s work.

Part V of the report form. The Committee requests the Government to provide information on the manner in which the Convention is applied in practice, including statistics on the number of young persons engaged in work and who are subject to medical examinations, and extracts of the reports of the inspection services indicating the number and nature of the infringements reported, etc.