Observation (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

The Committee notes the Government’s report and the comments transmitted by the General Confederation of Labour – Liberty of Cameroon (CGTL) concerning the application of the Convention, dated 27 August 2007, and the Government’s reply to these comments. In this communication, the CGTL draws attention to the difficulties encountered in Cameroon in the application of Article 9 of the Convention for migrant workers whose contract of employment has been declared void in view of the absence of a visa issued by the Ministry of Labour. The CGTL also emphasizes the requirement of five years’ residence in the country imposed on migrant workers to be able to join a trade union. The CGTL emphasizes the need to amend the Labour Code to bring it into conformity with the Convention. The Committee recalls that these two issues have already been addressed in its previous comments.

Article 9(1). Rights arising out of past employment. In its previous comments, the Committee noted that under section 27 of the Labour Code, contracts of employment of workers of foreign nationality have to be approved by the Ministry of Labour and that the absence of such approval renders the contract null and void. It therefore requested the Government to clarify the manner in which the law of Cameroon establishes that employed migrant workers who leave the country of employment are not deprived of their labour rights which have been lawfully acquired. In this respect, the Committee notes the Government’s indication that any challenge relating to the rights of a migrant worker is referred to the assessment of labour inspectors. The Committee nevertheless considers that the possibility of recourse to labour inspectors does not afford migrant workers adequate protection in accordance with the terms of Article 9(1) of the Convention. The Committee wishes to draw the Government’s attention to the fact that migrant workers in an irregular situation will find it difficult to claim their rights, as the irregular situation may deter them from having recourse to the judiciary for fear of making their situation known to the authorities and hence incurring the risk of being expelled (see General Survey on migrant workers of 1999, paragraph 302). The Committee requests the Government to provide detailed information on the number and nature of complaints submitted by migrant workers in an irregular situation to labour inspectors in relation to the rights deriving from past employment, and on their outcome. The Committee also requests the Government to indicate the other measures, including legislative provisions, which guarantee migrant workers who have not been able to regularize their situation and their families equality of treatment with that of migrant workers lawfully admitted into the country in respect of rights arising out of past employment as regards remuneration and social security.

Article 10.  Exercise of trade union rights. The Committee recalls that, pursuant to section 10(1) and (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 promote a trade union or take responsibility for its administration or leadership. The Committee considers that it is not clear from section 10 whether the possibility for foreign nationals to join a trade union is also subject to this requirement. The Government’s statement, according to which membership of a union is free for both nationals and migrant workers, does not provide the necessary clarifications in this respect. The Committee emphasizes in this regard that the Convention does not authorize any restriction on the rights of migrant workers to establish or join a trade union. The Committee therefore requests the Government to clarify the scope of section 10(2) of the Labour Code.

The Committee is raising other points in a request addressed directly to the Government.

[The Government is asked to reply in detail to the present comments in 2010.]