Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes that the Government’s report contains no reply to previous comments. It must therefore repeat its previous observation on the following points.

1. The Committee refers to its previous comments requesting the repeal or amendment of Act No. 73-4 of 9 July 1973 instituting the National Civic Service for Participation in Development, which allows the imposition of work in the general interest on citizens aged between 16 and 55 years for 24 months with penalties of imprisonment for refusal. The Committee notes the Government’s explanations that non-repeal of the Act in question is linked to the pace of adoption of texts by the institutions of the Republic and that, since the National Office for Civic Service has been dissolved, the probability of there being cases of forced labour is unlikely.

Recalling that this Act has been the subject of comments for over 20 years, the Committee trusts that the Government will do its utmost to give priority to bringing the legislation into conformity with the Convention on this point and that it will indicate the measures taken.

2. Freedom to leave the service of the State. In its previous comments, the Committee noted that under the provisions of Act No. 80/12 of 14 July 1980, officers recruited by competition sign a contract of indeterminate duration which means in practice that they are required to serve until the age limit for their grade and that applications for resignation are accepted only on exceptional grounds.

The Committee noted the Government’s indications that under sections 53 and 55 of the abovementioned Act, resignation of career members of the armed forces can be accepted on the following grounds: the person in question is recognized as the family breadwinner; he must succeed to his father, particularly if the latter is a traditional chief; or he believes he will have greater opportunities in an elective post.

Referring again to paragraphs 67 to 73 of its 1979 General Survey on the abolition of forced labour, the Committee recalls 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 previous notice, subject to the conditions which may normally be required to ensure the continuity of the service.

The Committee hopes that the necessary measures will be taken to ensure that career members of the armed forces may leave the service within a reasonable period and that the Government will indicate the provisions adopted to this end.

3. Article 2, paragraph 2(c), of the Convention. The Committee has for very many years referred to the provisions of Decree No. 73-774 of 11 December 1973 promulgating the prison system which permitted the hiring of prison labour to private enterprises and individuals, and has asked the Government to take steps to prohibit this practice. The Committee noted the statement by the Government representative to the Conference Committee in 1990 drawing attention to measures adopted by the Ministry of Territorial Administration to prevent prison labour from being hired to, or placed at, the disposal of private individuals or companies. In its report received in 1996, the Government states that no new provisions have been adopted and that it would not fail to provide information on any action taken along the lines hoped for by the Committee.

In its latest report, the Government indicates that Decree No. 73-774 of 11 December 1973 promulgating the prison system has been repealed and replaced by Decree No. 92-052 of 27 March 1992. The Committee notes with regret that sections 51 to 56 of that Decree still provide for the transfer of prison labour to private enterprises and individuals. It notes the Government’s statement in its report that "the problem of consent does not arise since requests exceed demand and the prisoners’ freedom of choice is thus safeguarded".

The Committee notes that under sections 51 to 56 of Decree No. 92-052, the transfer of prison labour is not subject to consent by those concerned. Moreover, there cannot be real freedom of choice since the prison workforce, defined in section 53 as liable to compulsory labour, has no access to work, in law and in practice, other than in conditions established unilaterally by the prison administration. The absence of free choice is confirmed by section 56 of the Decree under which, "without regard to the usual compulsory work and hiring out of prison labour, prisoners may be used without payment by the prison administration for productive work and work of general interest".

The Committee recalls that the transfer of prison labour to private enterprises and individuals is specifically covered in Article 2, paragraph 2(c), of the Convention and, as it has indicated on many previous occasions, it is only when carried out in the framework of a free employment relationship that work for private enterprises and individuals may be considered to be compatible with the specific prohibition of Article 2, paragraph 2(c). That necessarily requires the formal consent of the person concerned and, bearing in mind the circumstances of this consent, there must be supplementary guarantees covering the essential elements of a labour relationship, including a level of remuneration and social security corresponding to a free labour relationship for the employment to be outside the scope of Article 2, paragraph 2(c), which prohibits unconditionally that persons obliged to perform prison labour be hired to, or placed at the disposal of, private enterprises.

The Committee hopes that the necessary measures will finally be taken to bring national provisions governing prison work into conformity with the Convention on these points. It requests the Government to supply information on any provisions adopted to this end and, meanwhile, to communicate copies of the implementing instruments mentioned in sections 51, paragraph 1, 52 and 53, paragraph 2, of Decree No. 92-052 of 27 March 1992, regulating the prison system in Cameroon.

The Committee is also addressing a request directly to the Government on certain points.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.