Demande directe (CEACR) - adoptée 2021, publiée 110ème session CIT (2022)

Convention (n° 29) sur le travail forcé, 1930 - Cameroun (Ratification: 1960)

Autre commentaire sur C029

Observation

Demande directe

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Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee previously noted that the provisions of Law No. 2011/024, of 14 December 2011 concerning trafficking in persons, which criminalize trafficking in persons and provide for penalties of imprisonment ranging from ten to 15 years, had been incorporated in the Penal Code (section 342-1). It asked the Government to provide information on the application of these provisions in practice, as well as on the activities of the Inter-Ministerial Committee on Supervising the Elimination of Trafficking in Persons, established by Order No. 163/CAB/PM, of 2 November 2010.

The Committee notes the Government’s statement, in its report, that in 2020, eight cases of trafficking in persons were referred to courts for prosecution, eight judicial decisions were handed down, two persons were sentenced and two persons were released. It observes that the Government does not provide any information on the measures taken to prevent trafficking in persons. However, according to the information communicated under the Worst Forms of Child Labour Convention, 1999 (No. 182), in 2020, the Government undertook activities in collaboration with the International Organization for Migration (IOM), including the development of a study on the assessment of the situation of trafficking in persons and smuggling in Cameroun and the elaboration of an operational action plan; as well as awareness-raising activities on the National Referral System and Standard Operating Procedures on victim identification and referral. The Committee requests the Government to provide detailed information on the measures taken to: (i) prevent trafficking of adults for both sexual and labour exploitation; (ii) strengthen the capacities of law enforcement bodies (police, labour inspectorate, Public Prosecutor’s Office) to identify situations of trafficking and prosecute perpetrators; and (iii) provide victims with adequate protection. It also requests the Government to provide information on the results of the study on the assessment of the situation of trafficking in persons undertaken in collaboration with the IOM and hopes that this study will contribute to the development of a national plan of action. Lastly, the Committee requests the Government to provide information on the number and nature of judicial proceedings initiated on the basis of section 342-1 of the Penal Code, court decisions handed down and penalties imposed.

Articles 1(1) and 2(1). 1. Freedom of members of the armed forces to leave their employment. For many years, the Committee has been drawing the Government’s attention to sections 53 and 55 of Law No. 80/12 of 14 July 1980, issuing the general conditions of service of members of the armed forces, under which career members of the armed forces serving as officers who are recruited by competition, sign a contract of indefinite duration, and their resignation may be accepted only on exceptional grounds. The Committee recalled, in this regard, that persons in the service of the State, including career members of the armed forces, should have the right to leave the service in peacetime within a reasonable period, either at specified intervals or with prior notice, subject to the conditions which may normally be required to ensure the continuity of the service.

The Committee notes the Government’s indication that Law No. 80/12 was amended by Law No. 87/023, of 17 December 1987, and observes that the latter reproduces the provisions referred to by the Committee. The Committee once again requests the Government to indicate the measures taken to ensure that any request for resignation is examined on the basis of the abovementioned principle. Noting the Government’s statement that statistical information will be provided at a later stage, the Committee hopes that the Government will be soon in a position to provide information on the number of resignation requests submitted; the number of resignations accepted or refused; and if applicable, information on the grounds for refusal.

2. Conditions of work amounting to forced labour. Indigenous people. The Committee notes that, in its 2019 concluding observations, the United Nations Committee on Economic, Social and Cultural Rights (CESCR) expressed specific concerns at allegations that the substandard working conditions to which members of indigenous peoples are subjected are tantamount to forced labour. (E/C.12/CMR/CO/4, paragraphs 36 and 37). The Committee requests the Government to provide information on the measures taken to ensure that members of the indigenous peoples are not exposed to situations or practices amounting to forced labour, and to protect them and enable them to assert their rights.

Article 2(2)(b). Work in the general interest forming part of civic obligations. The Committee recalls that, under the terms of Law No. 2007/003, of 13 July 2007, instituting national service contributing to development, such service comprises a compulsory period and a voluntary period. The compulsory period, lasting 60 days, applies to young persons between 17 and 21 years of age and covers: civic training and physical, sporting and cultural education; consolidation of schooling; training in first aid and civil protection; and awareness raising with regard to environmental protection. The voluntary period, which lasts six months and is renewable, includes the performance of work in the general interest. The Committee asked the Government to provide information on the practical implementation of Law No. 2007/003, including on the organization and the nature of the activities undertaken during the period of compulsory training and the manner in which participants for this national service are selected, particularly for the voluntary period.

The Committee takes due note of the Government’s indication that procedures for the selection of volunteers are carried out within the framework of the Regional Selection Commissions, established within each of the ten Regional Delegations of Youth Affairs and Civic Education. The Government adds that these Commissions, chaired by Regional Governors, are responsible for examining the voluntary requests submitted by young persons. In light of the duration of the compulsory period of the national service contributing to development, the Committee requests the Government to provide detailed information on the organization and nature of activities undertaken during the period of compulsory training and the number of persons concerned. In that regard, it again requests the Government to provide copy of any text regulating the selection of the participants, the organization and the nature of their work.

Article 2(2)(c). Hiring of prison labour to private entities. The Committee recalls that pursuant to section 24 of the Penal Code, persons serving a prison sentence are obliged to work; and Decree No. 92-052, of 27 March 1992, issuing the prison regulations authorizes the hiring of prison labour to private enterprises and individuals (sections 51–56), and Order No. 213/A/MINAT/DAPEN, of 28 July 1988, establishes certain conditions concerning the use of prison labour, including the rates for their hire. Noting that neither of these legislative texts refers to the informed, formal consent of the prisoner hired to private enterprises and/or individuals, the Committee has been asking the Government to supplement its legislation in order to ensure that the consent of prisoners to work for private entities is formally required.

In reply, the Government indicates that reflections will be carried out at the level of the Ministry of Justice in order to consider the possibility of drafting implementing regulations for Decree No. 92-052. While taking due note of the Government’s indication that, in practice, prison labour is subject to the consent of the prisoners and focuses on the preparation of their social reintegration, the Committee observes that section 24 of the Penal Code specifically provides that persons serving a prison sentence are obliged to work. It recalls that, to be compatible with the Convention, the work of prisoners for private enterprises must be done with their free, formal and informed consent and a certain number of safeguards must be in place to ensure that this work is carried out in conditions which approximate a free labour relationship. The Committee therefore requests the Government to take the necessary steps to ensure, both in law and in practice, that free, formal and informed consent is required from convicts to work for private entities. It further requests the Government to provide information on the outcome of the discussions held at the level of the Ministry of Justice regarding the elaboration of the texts implementing Decree No. 92-052 issuing the prison regulations and to provide copy of any text adopted in that regard.

Article 2(e). Minor communal services. The Committee previously noted the establishment of an inter-ministerial committee for combating forced labour in traditional chiefdoms, prisons and private homes. The Government explained that the payment of wages to traditional chiefs reinforces the autonomy of these authorities with a view to preventing them from having recourse to forced or compulsory labour. It added that minor communal services are services designed to maintain cleanliness in villages and hamlets. The Committee asked the Government to provide copy of any legislative text establishing arrangements for imposing and performing minor communal services.

The Committee notes the Government’s statement that Law No. 2019/024 of 24 December 2019, establishing the General Code for decentralized territorial authorities, provides for the provision of wages and allowances to decentralized territorial authorities with no specific reference to traditional leaders. It however notes that section 150 of the General Code provides that: "the municipality may, in addition to its own resources, request the assistance of … the population ... in accordance with the laws and regulations in force”. The Committee requests the Government to provide information on the activities of the inter-ministerial committee for combating forced labour in traditional chiefdoms and on the measures taken to ensure that work imposed on the population by the municipality or traditional chiefs remains within the limits of the exception provided for in Article 2(e) of the Convention concerning minor communal services, namely work on a small scale regarding which the members of the community have been consulted, and which is performed in the direct interest of the community.