Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee takes note of the Government's report which arrived too late for consideration at its February 1995 session, and of the statements made by the Government representative to the Conference Committee in June 1994 and the discussion which ensued.

1. Article 2 of the Convention. The Committee recalls that for many years it has pointed out that Act No. 68/LF/19 of 18 November 1968, which subjects the legal existence of a trade union or occupational association of public servants to the prior approval of the Minister of Territorial Administration, and section 6(2) of the Labour Code of 1992, under which persons forming a trade union that has not yet been registered, and who act as if the said union has been registered, shall be liable to prosecution, are not consistent with the requirements of the Convention.

In regard to Act No. 68/LF/19 of 18 November 1968, the Government indicates, as did the Government representative to the Conference Committee in June 1994, that the law is being repealed and that a Bill has been conveyed to the Prime Minister for presentation to the National Assembly. It adds that the Minister of Territorial Administration has granted approval to several trade unions in the public sector, including the National Union of Technical Services Officials (SYNAFCIF), the National Union of Technical Services Staff (SYNAPTECH) and the National Union of Teachers of Cameroon (SYNEC). The Government states that these approvals are evidence of its will to move towards abolishing prior authorization.

In regard to section 6(2) of the Labour Code of 1992, the Government repeats its previous declarations that the matter was a mere administrative formality which existed for all civil acts and allowed the legal existence of the trade union to be noted. The Committee also notes that during the debate in the Conference Committee in June 1994 the fact was emphasized that it was difficult to imagine this registration as a mere formality since the National Union of Teachers in Higher Education had had its application refused.

The Committee notes in fact, on the one hand, that the Committee on Freedom of Association has expressed its concern at the Government's refusal since 1991 to recognize the National Union of Teachers in Higher Education (SYNES) and considers that Act No. 68/LF/19 of 18 November 1968 and section 6(2) of the Labour Code are contrary to the provisions of the Convention and, on the other hand, that the Conference Committee of June 1994 reminded the Government of the need to amend in the near future its law and practice to ensure application of the Convention. The Committee is therefore obliged to urge the Government once again to recognize the right of teachers in higher education, be they public servants or contract employees, to form unions of their own choosing, and to take the necessary steps to repeal Act No. 68/LF/19 of 18 November 1968, and section 6(2) of the Labour Code, so as to guarantee the right of all workers, including public servants, to establish professional associations without previous authorization, in accordance with this Article of the Convention.

2. Article 5. In regard to section 19 of Decree No. 69/DF/7 of 6 January 1969, under which trade unions or professional associations of public servants may not join a foreign professional organization without obtaining prior authorization from the Minister responsible for "supervising fundamental freedoms", the Government repeats the indications provided by the Government representative to the Conference Committee of June 1994 that since this Decree is issued under the Act of 1968, it will be brought into conformity with the Convention once the new Act on civil servant unions is promulgated. Recalling that Article 5 of the Convention gives all occupational organizations the right to affiliate freely with international workers' and employers' organizations, the Committee requests the Government to take the necessary measures, as soon as possible, to abolish prior authorization in order to make its law comply with the provisions of the Convention. In any event, the Committee would remind the Government that ILO technical assistance is available for the elaboration of a draft law concerning trade unions or occupational associations of public servants to be fully in conformity with the requirements of the Convention.