Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Cameroon (Ratification: 1960)

Other comments on C087

Observation

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Application of the Convention in practice. The Committee notes the observations of the International Organisation of Employers (IOE), received on 1 September 2016, which are of a general nature. The Committee also notes the observations of the International Trade Union Confederation (ITUC), received on 1 September 2016, which refer to outstanding legislative matters; cases of interference by the authorities in the elections of the Fako Agricultural Workers’ Union (FAWU) and in the construction and health sectors; acts of vandalism on the premises of the Divisional Syndicate of Agricultural Workers in Fako (DISAWOFA) which the police have not investigated and for which no penalties have been imposed; anti-union harassment of members of a financial workers’ union (FESYLTEFCAM) in the banking sector; and repeated police violence against strikers calling for better working conditions in the construction industry, with the support of the Cameroonian Confederation of Workers (CCT).

Furthermore, the Committee notes the observations of the Cameroon Workers’ Trade Union Confederation (CSTC), received on 30 August 2016, denouncing interference by the authorities in its internal affairs following the recognition by the Ministry of Labour of a faction claiming to have been elected as officers of the Confederation despite the fact that a court decision annulled the election in question.

The Committee notes the observations, received on 6 September 2016, of Education International (EI) and of its members from the Education Trade Unions Platform, which includes most of the teacher trade unions in the country, including the Federation of Education and Research Unions (FESER), the Cameroonian Federation of Education Unions (FECASE) and the Union of workers of private education establishments in Cameroon (SYNTESPRIC), which report that in the absence of provisions regulating the trade unions that fall beyond the scope of the Labour Code, the eight public sector teacher trade unions are still not legally recognized despite the procedures they have followed to obtain accreditation from the competent authorities, some procedures dating back to 1991. Consequently, trade union members and officials face hostility from the administration, and the functioning of trade unions which cannot hold union meetings in schools or obtain membership without a legal status is seriously hindered.

The Committee notes the observations from the General Union of Workers of Cameroon (UGTC) and the Cameroon United Workers Confederation (CTUC), received in September 2015, reporting the Government’s lack of willingness to complete the revision of the Labour Code and adopt a single act on trade unions for the private and public sectors. The CTUC claims that the current Labour Code restricts freedom of association and violates the provisions of the Convention relating to trade unions’ registration, their dissolution, and their right to affiliate with international organizations. The Committee notes that, in its replies to the CTUC’s observations, received in January 2016, the Government refers to the ongoing revision process of the Labour Code and merely denies the other allegations.

The Committee notes with concern the allegations of acts of police violence against strikers and the particularly long period of time for registering education unions, and urges the Government to provide its comments and detailed information on these issues.

The Committee also notes the observations from the CTUC received on 14 November and 5 December 2016. The Committee requests the Government to provide its comments in this respect.

Legislative issues

The Act on the Suppression of Terrorism. The Committee notes that, at its November 2016 meeting, the Committee on Freedom of Association made recommendations regarding the application of the Act on the Suppression of Terrorism (No. 2014/028 of 23 December 2014) and referred the case to the Committee to be examined with respect to its conformity with the provisions of the Convention (see Case No. 3134, 380th report). In this regard, the Committee wishes to draw the Government’s attention to the following point: under section 2 of the Act, “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: 1.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, adopt or renounce a particular position or act according to certain principles; 2.b) disrupting the normal operation of public services or the delivery of essential public services, or creating a public crisis”. The Committee notes the very general nature of the situations covered by this provision and expresses its deep concern at the fact that some of these situations could concern acts related to the legitimate exercise of trade union activities in accordance with the Convention. The Committee refers particularly to protests or strikes which would have direct repercussions on public services. The Committee also notes that, in light of the penalty incurred, such a provision could be particularly intimidating for trade union or employers’ representatives who speak out or act within the framework of their mandates. The Committee therefore requests the Government to take the necessary measures 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 as provided under the Convention. In the meantime, the Committee urges the Government to ensure, including by giving the appropriate instructions to the competent authorities, that the implementation of this Act does not have harmful consequences on officials and members acting in accordance with their mandates, and performing trade union or employer activities pursuant to the right under Article 3 of the Convention conferred on workers’ and employers’ organizations to organize their administration and activities, and to formulate their programmes. In addition, the Committee expects that the Government will ensure that the law 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. The Committee requests the Government to indicate any measures taken in relation to these comments.

Legislative reform. The Committee notes with deep regret that the information provided in the Government’s last two reports, received in August 2015 and August 2016, show that the process of revision of the Labour Code, the adoption of an act on trade unions and the repeal of regulations not in conformity with the Convention have not been finalized. The Committee is bound once again to urge the Government to finalize the legislative revision process without further delay to give full effect to the provisions of the Convention on the points recalled below.

Articles 2 and 5 of the Convention. 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 existence in law 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). The Committee requests the Government to provide information on any progress or developments in this regard.

[The Government is asked to reply in full to the present comments in 2018.]