Observation (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

The Committee notes the elements provided by the Government in reply to the comments received in 2007 from the General Confederation of Labour–Liberty of Cameroon (CGTL), the General Union of Workers of Cameroon (UGTC) and the International Trade Union Confederation (ITUC), concerning restrictions that are already under examination. The ITUC’s comments also reported mass dismissals of workers by the enterprise DTP Terrassement for calling a strike, the arrest and imprisonment of a member of the Confederation of Cameroon Trade Unions (CSTC) and the dismissal of the Secretary-General of the Federation of Health, Pharmaceutical and Allied Unions (FESPAC), due to his trade union activities.

In its report, the Government indicates that the dismissal of the Secretary-General of the FESPAC is unconnected with the exercise of his trade union activities and that the dismissals of workers of the enterprise DTP Terrassement is a result of the unlawful nature of their strike, as the local administrative authorities had prohibited any public demonstrations for the duration of the work concerned. In this regard, the Committee recalls that responsibility for declaring a strike illegal should lie with an independent body which has the confidence of the parties involved and that strikes may only be prohibited in essential services in the strict sense of the term, disputes in the public service in relation to public servants exercising authority in the name of the State or in the case of an acute national crisis. The Committee also recalls that the arrest and detention of trade unionists, without any charges being brought and without a warrant, constitute a grave violation of trade union rights.

The Committee also notes the comments of the UGTC and the ITUC, dated 16 October 2008 and 26 August 2009, respectively, relating to, in addition to the points already raised before the Committee, Government interference in various forms (favouritism towards specific organizations, refusal to recognize the Trade Union Federation of the Public Sector (CSP)) and the arrest of a leader of the CSP during the riots in February 2008. The Committee requests the Government to provide observations in this respect in its next report.

Article 2 of the Convention. For many years, the Committee has been requesting the Government to take the necessary measures to amend Act No. 68/LF/19 of 18 November 1968 (under the terms of which the existence in law of a trade union or occupational association of public servants is subject to prior approval by the Minister for Territorial Administration). The Committee notes that, according to the Government, a draft amendment of this Act in relation to this point is under examination.

Similarly, the Committee has been requesting the Government for many years to take the necessary measures to amend section 6(2) of the Labour Code of 1992 (which provides that persons establishing a trade union which has not yet been registered and who act as if the said union has been registered shall be liable to prosecution) and section 166 of the Labour Code (establishing heavy fines for members of a union who commit this offence). In this respect, the Government indicates that the Bill to amend and supplement certain provisions of the Labour Code was adopted by the National Labour Advisory Commission and has been submitted for approval by the competent authorities of Cameroon. The adoption of the proposed amendments would replace the current system for the registration of trade unions, which is equivalent to a system of previous authorization, by a procedure of declaration and would involve the disappearance of sentences and/or fines in the event of violations of the law. The Committee further notes that cancellation of the registration of an organization would lie solely with the judicial authorities, thereby bringing to an end the possibilities for the dissolution of organizations by administrative authority. The Committee expresses the firm hope that the Government will be in a position to indicate the progress achieved on all these points without delay.

Article 5 of the Convention. For many years, the Committee has been requesting the Government to take the necessary measures to repeal section 19 of Decree No. 69/DF/7 of 6 January 1969 (under the terms of which trade unions or associations of public servants may not join a foreign occupational organization without obtaining prior authorization from the Minister responsible for “supervising public freedoms”). The Committee notes with regret that the Government has not provided any information on this subject. The Committee once again urges the Government to take the necessary measures in the very near future to amend the legislation to remove the requirement for previous authorization for the affiliation of trade unions of public servants to an international organizations.

The Committee expresses the firm hope that the process of reforming the legislation will result in the near future in the legislation being brought into conformity with the requirements of the Convention. The Government is requested to provide copies of all the legislative texts adopted in this respect.