Seguimiento dado a las recomendaciones del Comité y del Consejo de Administración - Informe núm. 349, Marzo 2008

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

1. 37. In its previous examination of the case at its November 2006 session [see 343rd Report, paras 33–39], the Committee requested the Government to send as soon as possible: (a) the results of the inquiry into the allegations of interference by AES-SONEL; (b) information on the setting up of an investigating committee into the allegations of anti-union discrimination against the officials and members of the Confederation of Independent Trade Unions of Cameroon (CSIC) and of SNI-ENERGIE; (c) the court decisions concerning the participation of the CSIC in the electoral process and copies of the judgements in the Fouman and Ndzana Olongo cases, once they are available; (d) information on the collective agreement of the AES-SONEL company and any court decision issued in this regard.
2. 38. In a communication dated 2 April 2007 signed by Mr Ndzana Olongo in his capacity as General Secretary, the CSIC denounced the Government’s silence regarding the commitments which it made in its previous reply to the Committee on Freedom of Association concerning this case but on which it has failed to take action.
3. 39. As regards the destabilization of the CSIC by the Government, the complainant organization alleges that the Minister for Labour and Social Security continues to deal with individuals who have no status, no mandate or who have been struck off the membership list of the confederation, authorizing them to act on behalf of the CSIC vis-à-vis the national authorities, particularly in meetings with the Government, in the presentation of greetings to the Presidency of the Republic and in the celebration of the national holiday, and holding meetings with them at the Ministry itself. The complainant organization says that this situation shows the Minister’s disregard for the court decisions issued against the individuals in question (Ordinance No. 522 of 28 February 2002 of the Yaoundé Court of First Instance, Order No. 446/CIV/02-03 of 23 July 2003 of the Yaoundé Court of Appeal, Ordinance No. 236/D of 28 December 2005 of the Yaoundé Court of First Instance, copies of which are attached to the CSIC communication).
4. 40. As regards the reinstatement of the trade unionists dismissed from AES-SONEL, particularly Mr Ndzana Olongo and Mr Fouman, the CSIC states that the proceedings are still under way in the courts. Moreover, the inquiries announced by the Government have not yet been conducted.
5. 41. As regards the issue of the certificate of registration of the SNI-Energie trade union, the CSIC points out that the Government has been using the resignation of a group of members as a pretext for not issuing the certificate. The CSIC alleges once again that this split in SNI-ENERGIE has been instigated by the Government, which asked a small group to resign, create a new union in the same sector of activity and affiliate it to the Cameroon Workers’ Trade Union Confederation (CSTC). The complainant organization denounces this government ploy as interference in the establishment and daily management of trade unions. The complainant observes that, according to the law, SNI-ENERGIE is deemed registered under section 11(b) of the Labour Code (Act No. 092/007 of 14 August 1992), which states that the registrar acknowledges receipt of the application and registers the trade union and its statutes within one month. After this deadline the registration is deemed to be effective. The CSIC deduces that SNI-ENERGIE is therefore deemed effective, recalling that more than one-and-a-half years elapsed before the Ministry of Labour and Social Security cited the resignation of a group of members as a pretext for not issuing the certificate for the union. The CSIC adds that, under the applicable legal provisions, only the registrar for the trade unions can decide whether or not to register a union. However, the registrar never indicated any opposition to the registration of SNI-ENERGIE. Consequently, the CSIC refers once again to the Government’s obligation to issue the certificate of registration of SNI-ENERGIE.
6. 42. In a brief communication dated 31 July 2007, the Government merely indicates that it suggested that the allegations of anti-union discrimination by the management of the AES-SONEL company should be examined by the representatives of the ILO Subregional Office in Yaoundé.
7. 43. The Committee notes the information supplied by the CSIC and by the Government. It notes that no information has been supplied by the Government concerning most of the points raised at its last examination of the case, especially the setting up of an investigating committee into the allegations of anti-union discrimination against the officials and members of the CSIC and SNI-ENERGIE. It requests the Government to take the necessary steps to set up the committee, as it has undertaken to do, and to forward the inquiry report as soon as possible.
8. 44. As regards the issue of the certificate of registration to SNI-ENERGIE, the Committee notes that, under the applicable legal provisions, the registration of a trade union is deemed effective on expiry of the one-month deadline after the application for registration has been submitted. It notes the statement to the effect that there was no opposition to the registration from the registrar for the unions. In view of the information supplied, the Committee urges the Government to issue the certificate of registration to the SNI-ENERGIE trade union and to inform it as soon as possible of the measures taken in this regard.
9. 45. Noting its intention to seek assistance from the ILO, the Committee requests the Government to keep it informed of the results of the inquiry which it undertook to set up into the allegations of interference by AES-SONEL and to send a copy of the court decisions issued with respect to the request for cancellation of the collective agreement, the appendix thereto and the memorandum of understanding between AES-SONEL and the FENSTEEEC trade union.
10. 46. Finally, the Committee notes the indication that the proceedings concerning Mr Ndzana Olongo and Mr Fouman are still under way in the courts. The Committee trusts that final verdicts will be issued in the very near future on these cases and also on the issue of the participation of the CSIC in the electoral process, and requests the Government to forward the texts of the judgements as soon as possible.