Observation (CEACR) - adoptée 1989, publiée 76ème session CIT (1989)

The Committee takes note of the Government's report and recalls that its previous comments addressed the following points:

- the need to apply to prison staff, governed by Decree No. 74-250 of 3 April 1974, the provisions of Law No. 68/LF/19 of 18 November 1968 (article 1) and Legislative Decree No. 74-138 of 18 February 1974 (article 36) which provide for the right to organise of public servants;

- the need to repeal the requirement of approval by the Minister of Territorial Administration to establish the legal existence of a trade union or a public servants' occupational association (section 2 of Law No. 68/LF/19 of 18 November 1968 relating to trade union or occupational associations or unions not governed by the Labour Code, which permits members of the public service to come together in trade unions);

- the need to modify the requirement that trade union administrators or leaders be of Cameroon nationality (section 10, paragraph 3 of the Labour Code);

- the need to amend the legislation concerning the prohibition against the calling of a strike before the conciliation and arbitration procedures laid down by the Labour Code have been exhausted, or in breach of an arbitration award having executory force, and the power of the authorities to requisition workers involved in a strike called in a vital sector of economic, social or cultural activity (section 165, subsections 2 and 3, of the Code and sections 2 and 3 of Decree No. 74/969 of 3 December 1974 laying down the procedure for giving effect to section 165 of the Labour Code).

1. The Committee takes due note of the information supplied by the Government, that Law No. 68/LF/19 of 18 November 1968 and Legislative Decree No. 74-138 of 18 February 1974 regulating the right to organise of public servants apply to prison staff. However, it draws the Government's attention to the fact that the public servants covered by these provisions must enjoy the right to establish organisations of their own choosing without previous authorisation, while the legislation provides that no trade union or professional association may have legal personality without the approval of the responsible Minister.

The Committee requests the Government to provide information on the measures contemplated to ensure the application of the Convention in that respect.

2. With regard to the banning of foreign workers from trade union office (section 10(3) of the Labour Code), the Government indicates that it has taken due note of the Committee's comments.

The Committee hopes that as part of the revision of the Labour Code, it will be possible to make this provision more flexible to enable foreign workers to have access to trade union office, at least after a reasonable period of residence in Cameroon (in this connection see paragraph 160 of the 1983 General Survey on Freedom of Association and Collective Bargaining).

3. With regard to the restrictions on the right to strike contained in the legislation, the Committee notes from the information provided by the Government that the comments concerning the inconsistency of these provisions with the Convention will be taken into account in the revision of the Labour Code.

The Committee recalls that the exercise of the right to strike should be one of the means available to workers and their organisations for the promotion and protection of their interests, and that restrictions or a ban on strikes should only be imposed on public servants acting in their capacity as agents of the public authority or employed in essential services in the strict sense of the term, namely those whose interruption would endanger the life, personal safety or health of the whole or part of the population, or in the event of an acute national emergency for a limited period (in this connection see paragraphs 200, 214 and 226 of the General Survey).

The Committee again expresses the hope that the legislation will be amended in the near future in the light of its comments. It requests the Government to provide information in its next report on any progress in these matters.