Demande directe (CEACR) - adoptée 2002, publiée 91ème session CIT (2003)

The Committee notes the Government’s report, but emphasizes that the more specific reply to its direct request of 2000, which was indicated as being appended to the above report, has not been received. Noting the developments in the regulations respecting the residence conditions for foreign nationals, and particularly Decree No. 2000/286 of 12 October 2000, the Committee draws the Government’s attention to the following points.

1. Articles 2 and 3 of the Convention. The Committee notes the establishment of joint commissions between the administrative authorities of frontier towns with a view to suppressing clandestine migration and the illegal employment of migrant workers. It requests the Government to provide information on the competence, composition and activities of these joint commissions. It also hopes to be kept informed of the surveys carried out by the National Employment Observatory, to which the Government refers in its report.

2. Article 4. The information provided by the Government does not allow the Committee to assess the application of the Convention in practice in relation to this Article. The Committee therefore requests information on the measures adopted at the national and international levels for systematic contact and the exchange of information with other States. The Committee also requests the Government to indicate the extent to which the representative organizations of employers and workers are consulted.

3. Article 8. The Committee notes that, by virtue of section 72 of Decree No. 2000/286 of 12 October 2000, all previous provisions contrary to the present are repealed, including those of Decree No. 90/1246 on the conditions for the entry, residence and departure of foreign nationals. The Committee also notes that, in the first part of its report, the Government indicated that migrant workers can no longer be sent away from Cameroon by reason of loss of employment and that they are treated with flexibility by the emigration and immigration authorities, which give them varying but reasonable periods to place themselves into conformity with the law, either by finding another job or by applying for a visa as self-employed workers. Recalling that the Committee has not received the second part of the Government’s report replying to its previous direct request, the Committee requests the Government to provide additional information on the termination of the employment relationship so as to ensure that migrant workers are not regarded as being in an illegal situation by the mere fact of the loss of their employment, in accordance with Article 8, and to confirm that section 7 of Decree No. 90/1246, noted as being contrary to the above Article of the Convention, is indeed included amongst the provisions repealed by the Decree of 12 October 2000. With reference to its previous comments, the Committee also requests the Government to provide copies of bilateral arrangements concluded between Cameroon and other States on this matter.

4. Article 9, paragraph 1. Under the terms of Article 9, paragraph 1, migrant workers who are employed illegally shall, in cases in which their position cannot be regularized, enjoy equality of treatment for themselves and their families in respect of their rights arising out of past employment as regards remuneration, social security and other benefits. Noting that under section 27 of the Labour Code, contracts of employment for workers of foreign nationality must be approved by the Ministry of Labour and that the absence of approval renders the contract null and void, the Committee wishes to be informed of the manner in which the law of Cameroon establishes that illegally employed migrant workers are not deprived of their rights in respect of the work actually performed (see the 1999 General Survey on migrant workers, paragraph 302).

5. Article 9, paragraph 3. The Committee recalls that its previous comments pointed out that the national legislation must provide that, in case of expulsion of the worker or his family, the cost of the administrative expulsion procedure shall not be borne by the worker. As this issue is not addressed by the Labour Code or Act No. 97/012 on the conditions for the entry, residence and departure of foreign nationals in Cameroon, nor by implementing Decree No. 2000/286, the Committee requests the Government to indicate the measures which have been taken or are envisaged to ensure that migrant workers and their families do not in practice have to bear the administrative costs of expulsion.

6. Articles 10 and 14(a). The Committee once again notes with regret that, under section 10(2) of the Labour Code, foreign nationals are required to have resided for not less than five years in the territory of the Republic of Cameroon before being allowed to join a trade union or to take responsibility for its administration or leadership. The Committee urges the Government to provide information on the reasons for instituting this time limit, which appears to be very long compared to the time limits provided for in Article 14(a).