Observation (CEACR) - adoptée 2020, publiée 109ème session CIT (2021)

Convention (n° 87) sur la liberté syndicale et la protection du droit syndical, 1948 - Cameroun (Ratification: 1960)

Autre commentaire sur C087

Observation

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The Committee notes the observations on the application of the Convention in practice, submitted by the International Trade Union Confederation (ITUC) on 16 September 2020, which contain allegations that the authorities favour non-representative organizations. The Government is requested to communicate its comments in that regard. The Committee also takes note of the observations of the General Union of Workers of Cameroon (UGTC) received on 5 November 2020 that relate to issues examined in the present comment.

The Committee notes the general information provided by the Government in response to the observations of the International Transport Workers’ Federation (ITF), in particular with respect to the suppression by the police of strike action by dockers in the port of Douala in June 2018, and the numerous arbitrary arrests that followed. The Committee notes the Government’s statement that the police intervened as a result of violence against non-striking dockers and disturbance of public order. In that regard, the Committee wishes to recall that the authorities should only resort to the use of force in exceptional circumstances and in situations where there is a serious threat of public disorder, and that such use of force must be proportionate to the circumstances (see the 2012 General Survey on the fundamental Conventions, paragraph 149).

The Committee notes with regret that the Government has still not provided information in response to the observations of the ITUC of 1 September 2016, concerning repeated police violence against strikers (in the construction sector), as well as interference in trade union elections by the authorities (in the agriculture, construction and health sectors), vandalism on the premises of a trade union and anti-union harassment (banking sector). The Committee urges the Government to provide detailed information in respect of all these issues.

In its previous comments on the failure to register eight public sector teachers’ unions subsequent to Education International’s (EI) observations of 2016, the Committee had noted, according to the Government, that the situation was linked to the fact that the post of registrar had not been filled. The Government now indicates that, while a registrar of trade unions had been appointed by decree in February 2015, the registration certificates issuance process had been suspended with the aim of “cleaning up the trade union file”, an operation which allowed the Government to have a clearer view of the trade union landscape, by sector and branch of activity. Recalling that the right to establish trade union organizations must be guaranteed without previous authorization and that any procedure for registration must be a mere formality, the Committee urges the Government to take the measures necessary for the registration of the public sector teachers’ organizations.

Article 3 of the Convention. Act on the suppression of terrorism. With reference to its earlier comments relative to the Act on the suppression of terrorism (Act No. 2014/028 of 23 December 2014), the Committee again wishes to draw the Government’s attention to the drafting of section 2(1), under which “the death penalty shall be imposed on anyone who […] commits or threatens to commit any act that may cause death, endanger physical safety, result in bodily injury or property damage or harm natural resources, the environment or the cultural heritage with the intention of (a) intimidating the public, causing a situation of terror or forcing a victim, the Government and/or a national or international organization to carry out or refrain from carrying out a given act, adopting or renouncing a particular position or act according to certain principles; (b) disrupting the normal operation of public services or the delivery of essential public services, or creating a public crisis […]”. The Committee reiterates its deep concern regarding the fact that some of these situations could apply to acts related to the legitimate exercise of activities by trade unions or employers’ representatives in accordance with the Convention. The Committee refers in particular to protest action and strikes that would have direct repercussions for public services. The Committee also recalls that, in light of the penalty that may be imposed, such a provision could be particularly intimidating for trade union or employers’ representatives who speak out or take action within the context of their duties. While noting the Government's repeated indication that an activity cannot be considered a trade union activity if it is not of such a nature as to discharge the legal functions of trade unions, or if its aim is to spread fear, intimidation and violence, or of it is characterized by the use of arms, and that such activities may be reclassified accordingly by the competent courts, the Committee urges the Government to take the measures necessary to amend section 2 of the Act on the suppression of terrorism to ensure that it does not apply to the legitimate activities of workers’ and employers’ organizations, which are protected under the Convention. In the meantime, the Committee urges the Government to continue providing information on the measures taken to ensure that: (i) the implementation of this Act does not have harmful consequences on officials and members engaged in their functions, and performing trade union or employer activities pursuant to Article 3 of the Convention; and (ii) the Act is enforced in such a way that it is not perceived as a threat or intimidation towards trade union members or the whole trade union movement.

Articles 2 and 5. Legislative reform. For many years, the Committee has been recalling the need to: (i) amend Act No. 68/LF/19 of 18 November 1968 (under the terms of which the legal existence of a trade union or occupational association of public servants is subject to prior approval by the Minister of Territorial Administration); (ii) amend sections 6(2) and 166 of the Labour Code (which lay down penalties for persons establishing a trade union which has not yet been registered and acting as if the said union had been registered); and (iii) repeal section 19 of Decree No. 69/DF/7 of 6 January 1969 (under the terms of which trade unions of public servants may not affiliate to an international organization without obtaining prior authorization). Noting once again with deep regret that, according to the information provided by the Government, the process of revising the Labour Code has still not been completed, the Committee is bound once again to urge the Government to finalize the legislative revision process, without further delay, so as to give full effect to the provisions of the Convention on the above-mentioned points. The Committee hopes that the Government will make every effort to take the necessary action in the near future.

[The Government is asked to reply in full to the present comments in 2021].