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

The Committee notes the information contained in the Government’s report. It also notes the comments of the Federation of Free Trade Unions of Cameroon (USLC). The Committee also takes due note of the report of the direct contacts mission that visited Cameroon in April 2001. The Committee observes that following that mission, the Government transmitted a bill amending certain provisions of Act No. 92/007 of 14 August 1992 promulgating the Labour Code.

The Committee recalls that for several years it has been addressing the following points in its comments.

1. Article 2 of the Convention. Prior authorization. The Committee has been noting for many years that Act No. 68/LF/19 of 18 November 1968, under which the existence in law of a trade union or occupational association of public servants is subject to prior approval by the Minister for Territorial Administration, and section 6(2) of the Labour Code of 1992, under which persons forming a trade union which has not been registered and who act as if the said union has been registered shall be liable to prosecution, are not consistent with Article 2 of the Convention. The Committee notes with interest in this connection that in the bill transmitted by the Government, section 6(2) of the Labour Code of 1992 has been deleted in its entirety. The Committee notes that the bill is shortly to be submitted to the National Assembly, and asks the Government to provide a copy of the new Act once it has been adopted.

With regard to the Act of 1968 governing trade unions or occupational associations of public servants, the Government states in its report that the fact that Decree 2000/287 of 12 October 2000 amending and supplementing certain provisions of the General Statute of the Civil Service allows ((new) section 72) a civil servant to be released for the performance of trade union duties, is a step towards trade unionism in the public service being allowed by law. While noting this development, the Committee again urges the Government to amend Act No. 68/LF/19 of 18 November 1968 in order to ensure that public servants have the right to form organizations of their choice without prior authorization.

2. Article 5. Prior authorization for affiliation to an international organization. The Committee has been pointing out for several years that section 19 of Decree No. 69/DF/7 of 6 January 1969, which provides that trade unions or associations of public servants may not join a foreign occupational organization without obtaining prior authorization from the Minister responsible for "supervising fundamental freedoms", is inconsistent with Article 5 of the Convention. The Committee noted in this connection the earlier statements made by the Government to the effect that the abovementioned Decree would be brought into line with the Convention as soon as the new Act on public servants’ unions was promulgated. The Committee again urges the Government to amend its legislation as soon as possible in order to eliminate the requirement that public service unions obtain prior authorization before joining an international organization.

Lastly, the Committee notes the comments made by the USLC to the effect that, in practice, the formalities for registration set in section 7 of the Labour Code are not observed by the Registry of Trade Unions, which requires applicants for registration to submit documents not specified in the Code. The Committee asks the Government to send its observations on the USLC’s comments in its next report.