Effect given to the recommendations of the committee and the Governing Body - REPORT_NO356, March 2010

Effect given to the recommendations of the Committee and the Governing Body

1. 35. The Committee last examined this case at its June 2009 meeting [see 354th Report, paras 272–289, approved by the Governing Body at its 305th Session]. In its previous examination of the case, which concerns allegations of interference by the authorities in trade union activities and favouritism towards certain individuals and factions within the complainant organization, the Committee had urged the Government to ensure a completely neutral stance with regard to the internal disputes within the Cameroon Confederation of Free Trade Unions (USLC), requested to be kept informed of any judicial decisions handed down in the legal proceedings concerning the legality of the USLC executive committee and extraordinary congress of August 2005 and the accusations of embezzlement made against the Confederation’s President, and requested the Government to indicate whether the action taken by the Deputy Prefect of the First District of Yaoundé and the police at the USLC’s premises had been carried out under a warrant from the judicial authority and if so, on what grounds. The complainant organization sent new information in a communication dated 10 February 2010. For its part, the Government sent its observations in a communication dated 12 October 2009.
2. 36. In a communication dated 10 February 2010, the complainant organization, through Mr Mbom Mefe, indicates that, pursuant to the repeated recommendations of the Committee, the USLC held an extraordinary congress at which a new executive board was elected, comprising all the previously opposing factions. Mr Mbom Mefe is a member of this board, holding the position of the Confederation’s secretary for training, and an ordinary congress will be called at the end of the year. The complainant organization indicates that the authorities, although present at the extraordinary congress, refrained from any interference or intervention in the proceedings. The complainant organization concludes that the Committee’s recommendations to the Government played a role in this new attitude on the part of the authorities. While expressing its disappointment at the lack of progress made with regard to the examination of its allegations concerning the violation of trade union premises and the harassment of trade union officials, the complainant organization acknowledges the progress that has been made and requests that the case no longer be considered by the Committee.
3. 37. In a communication dated 12 October 2009, the Government indicates that it sent a communication to the USLC and other unions in a situation of crisis or divided leadership inviting them to comply with their own statutes pertaining to the election of officials, and informing them that all cooperation would be suspended until the election of union officials of undisputed legitimacy. With regard to judicial decisions, while recalling the principle of the separation of powers, the Government indicates that any ruling handed down will be examined as regards its effects in law and forwarded to the Committee. With regard to the action of the Deputy Prefect of the First District of Yaoundé and the police at the USLC premises, the Government indicates that it was an administrative measure intended to maintain public order, which was jeopardized as a result of the clash between factions over the premises in question. Finally, the Government reiterates its commitment to cooperate with any direct contacts missions to the country.
4. 38. The Committee takes note of the information provided by the complainant organization and the Government. It notes with interest that the USLC held an extraordinary congress, during which a new executive board was elected, comprising all the previously opposing factions and that Mr Mbom Mefe is a member of this board, holding the position of the Confederation’s secretary for training. The Committee further notes that the authorities, although present at the extraordinary congress, refrained from any interference during the proceedings, thus demonstrating a new attitude towards the internal dispute in the USLC. The Committee notes, however, the disappointment expressed by the complainant organization with regard to the lack of progress made in examining its allegations concerning the violation of union premises and the harassment of trade union officials. In this regard, while noting the explanations provided but reminding the Government that it has a responsibility to ensure the application of international labour Conventions concerning freedom of association which have been freely ratified and which must be respected by all state authorities, and that the inviolability of trade union premises is a civil liberty which is essential to the exercise of trade union rights, the Committee trusts that the Government will ensure in particular full respect for these principles in the future.
5. 39. Noting with satisfaction the request of the complainant organization to withdraw its complaint in view of the current situation, in which the USLC is in a position to carry on its activities, the Committee will not pursue its examination of this case.