Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee has been commenting for more than 30 years on the need to adopt specific measures to ensure that labour clauses constitute an integral part of public contracts. The Committee notes the adoption of Decree No. 2004/275 of 24 September 2004 relating to the regulation of public contracts and regrets that the new public procurement legislation continues to be inconsistent with the basic requirements of the Convention.

The Committee notes that section 80 of the latest enactment, which provides that “tenderers shall undertake in their bids to comply with all laws and regulations and all clauses of collective agreements relating, among other matters, to wages, conditions of work, safety and health and welfare of the workers concerned”, merely reproduces the provisions of Decree No. 95/101 of 9 June 1995 and Decree No. 86/903 of 18 July 1986 that the Committee had previously considered to fall short of implementing the Convention. The Committee draws the Government’s attention to the fact that the Convention does not relate to some general eligibility criteria, or prequalification requirements, of individuals or enterprises bidding for public contracts, but requires the “most favourable employment conditions clause” to be expressly included in the actual contract that is finally signed by the public authority and the selected contractor.

The Committee attaches herewith a copy of an explanatory note prepared by the International Labour Office for the purpose of providing guidance to member States concerning the aims and purpose of this Convention. The note includes also a model text illustrating one of several ways in which legislative conformity with the Convention may be ensured. While recalling that the Office can provide technical assistance and expert advice if the Government so wishes, the Committee asks the Government to take without further delay all the necessary measures in order to apply effectively the Convention in both law and practice.

Moreover, the Committee notes the observations of the General Workers’ Union of Cameroon (UGTC), according to which, in most cases, contractors do not apply the wage scales provided for in the industry-wide collective agreements, while workers engaged in the execution of public contracts do not enjoy any social security protection. The Committee requests the Government to transmit its reply to the UGTC’s comments so that it may examine these points at its next meeting.

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