Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Cameroon (Ratification: 1962)

Other comments on C098

Observation

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The Committee notes the observations on the application of the Convention in practice by the International Trade Union Confederation (ITUC), Educational International (EI) and its affiliates from the Education Trade Unions Platform, the Cameroon Workers’ Trade Union Confederation (CSTC), and the Cameroon United Workers’ Confederation (CTUC) received on 1 September, 6 September, 30 August and 14 November 2016, respectively.

Articles 1 and 2 of the Convention. Adequate protection against acts of anti-union discrimination and interference. The Committee notes the observations of the ITUC denouncing, inter alia, acts of anti-union discrimination against trade union leaders and trade unionists in the banking sector and interference by the employer and the authorities in the elections of a trade union in the agricultural sector. It also notes the observations of the CTUC denouncing interference by an enterprise in the activities of a trade union in the wood industry and dismissal by the enterprise, in question of more than 150 workers based solely on their trade union affiliation. The Committee notes with concern the seriousness of some of the incidents alleged and urges the Government to take all necessary measures to ensure that the competent authorities, particularly the labour inspectorate, conduct the necessary enquiries into these alleged acts of anti-union discrimination and interference, and to take the necessary remedial measures without delay and apply suitable penalties if the trade union rights recognized in the Convention are found to have been impaired in some administrations or enterprises. The Committee urges the Government to provide its comments and detailed information in this regard.

In its previous comments, the Committee took note of observations received in September 2013 from the General Union of Workers of Cameroon (UGTC) concerning acts of anti-union discrimination against the executives of an organization (SNEGCBEFCAM) affiliated to the National Social Welfare Fund. The Committee observes that this case was the subject of a complaint to the Committee on Freedom of Association, whose latest recommendations date from March 2015 (Case No. 2808, 374th report). Noting that in a communication received on 17 October 2016, the UGTC reports that for the SNEGCBEFCAM the situation has worsened, the Committee urges the Government to implement the recommendations of the Committee on Freedom of Association and to provide information without delay on the situation of the SNEGCBEFCAM and its members.

Article 4. Right to collective bargaining in practice. The Committee noted in previous comments the allegations made by the ITUC and the UGTC concerning the ongoing absence of collective bargaining in the public sector and the difficulties met in implementing the collective agreements concluded in the media and security sectors. The Committee notes that the Government indicates that it is for the signatories to the media sector agreement to implement it. As regards the collective agreement of the security services, the Government indicates that the public authorities are applying measures to reorder the sector, which has slowed down the process to revise the collective agreement. Furthermore, the Government indicates that collective bargaining in the public sector proceeds unhindered. The Committee notes the observations of the EI and its members belonging to the Education Trade Unions Platform, which brings together most of the teachers’ unions in Cameroon, denouncing a lack of will on the Government’s part to implement the agreements signed with the trade unions for public and private education, and the exclusion of trade unions from the consultative bodies of the sector. The Committee also notes the CSTC’s observations alleging unilateral appointment by the Ministry of Labour of workers’ representatives to the bargaining committees for national collective agreements, without taking into account the representativeness of the organizations in the sectors concerned. In view of the CSTC and EI observations, the Committee requests the Government to indicate the measures to encourage and promote collective bargaining taken by the authorities pursuant to Article 4 of the Convention, and to specify the sectors concerned. The Committee also requests the Government to provide statistical information on the number of collective agreements signed and in force, in both the public and private sectors, and on the number of sectors and workers covered by them.

Lastly, the Committee notes the Government’s indication that studies are under way to examine the matter of ratification of the Labour Relations (Public Service) Convention, 1978 (No. 151), and the Collective Bargaining Convention, 1981 (No. 154). The Committee requests the Government to indicate the outcome of the studies.