Individual Case (CAS) - Discussion: 1994, Publication: 81st ILC session (1994)

See under Convention No. 87, as follows:

A Government representative of Cameroon considered the report of the Committee of Experts to be constructive. With regard to Convention No. 87, she stated that Act No. 68/LF/19 dated 18 November 1968 making the legal existence of a trade union of public servants subject to the prior authorization of the Minister of Territorial Administration was to be repealed, to conform to Article 2 of the Convention. Draft legislation had been sent to the Prime Minister for submission to the National Assembly. While awaiting the promulgation of this Act, and in order to show the good faith of the authorities, she cited the decision of 11 May 1994 which recognized the national trade union of officials of the civil and financial services. She referred to a letter of the Executive Secretary-General of this trade union which expressed its appreciation of this recognition. In addition, teachers, who formed a trade union that was not presently recognized, could join this trade union because they were officials of the civil service. With regard to teachers engaged on a contractual basis, they could join the national trade union for contractual workers and state agents pursuant to the Labour Code. She indicated that Cameroon was not opposed to the creation of trade unions, as the matter of the unrecognized trade union concerned simply a question of legality, and that meanwhile the Government noted the observations of the Committee of Experts regarding the Act of 1968. With reference to section 6(2) of the Labour Code making the legal existence of a trade union subject to registration, she stated that, as her Government had already reiterated, it was a matter of a simple formality that existed for all civil acts such as the creation of commercial companies requiring a registration number at the commerce registry and thus granting them a legal status. With regard to trade unions, this formality allowed them to deal with third parties, and this did not constitute a contravention of the Convention. She stated that her Government was open to the observations and advice of this Committee in order to improve, even if no impediments existed, the creation of trade unions. Concerning section 19 of Decree No. 69/DF/7 of 6 January 1969 providing that associations or professional unions could not belong to a foreign professional organization without prior authorization from the Minister responsible for "control of public freedom", she noted that this Decree was a text implementing the Act of 1968. Once the new act was proclaimed the implementing Decree of the old law would be brought into compliance with the requirements of Convention No. 87. In the meantime, she counted upon the understanding of the Committee of Experts.

With reference to Conventions Nos. 87 and 98, she referred to section 6 of the Labour Code providing for the legal existence of professional trade unions, section 3, proclaiming freedom of association, and section 4, granting to employers and workers the right to join organizations and trade unions of their choosing. Section 6(2) forbade all discriminatory acts against workers in employment. This section also provided under paragraph (b) that any practice that would terminate the employment of, or cause any prejudice to, persons because of their affiliation or non-affiliation to a trade union or their participation in trade union activities was prohibited. She indicated that this paragraph was not contrary to the provision of Articles 3 and 4 of the Convention because it guaranteed the legality of the formation of trade unions so that they could act as such legally. Section 6(3) provided that any act that was contrary to the provisions of this section was void. Finally, she stated that Cameroon was a law-abiding State and that it was prepared to submit to the Commission any additional information.

The Workers' members referred to the questions dealt with by the Committee of Experts and noted that the Government was prepared to repeal legislation that did not conform to the Conventions and that the actual practice would be changed to achieve the same conformity. They did hesitate in wholly accepting the explanation of the Government to the effect that the requirement that trade unions must be registered was merely an administrative formality, but concluded by thanking the Government representative for her goodwill and assurances. They nevertheless recalled the gravity of certain points raised by the Committee of Experts, and said that a report on what actually was occurring would need to be submitted for examination.

The Employers' members noted that the points raised in the report of the Committee of Experts had been made for a number of years, although one matter had been resolved last year and was cited as a case of progress. The Government had defended itself last year in the same manner as it did this year, by indicating that although there were no contradictions between the legal situation and the Convention, legislative amendments would be introduced if this were insisted upon by the Committee. With regard to the requirement that trade unions be registered, this was clearly not a formality in view of the rejection of the application by a teachers' trade union for such registration. They asked the Government to put into practice what had been promised in the Committee and to modify the legislation to bring it into compliance with the Convention.

The Workers' member of Senegal stated that the Government had promised every year that it would respect Conventions Nos. 87 and 98, but they were continuing to violate trade union rights in Cameroon, in particular by not recognizing trade union organizations and their right to register. Likewise the Government had recently violated freedom of association since the Ministry of Labour supported the dismissal of the Secretary-General of the Cameroon Confederation of Workers' Trade Unions (CWTU), through a puppet disputes committee controlled by the authorities. This dismissal was due to the trade union activities of the Secretary-General of the CWTU. He requested that the ILO take the necessary measures so that the Secretary-General could resume his duties. Moreover, wages had fallen because of the devaluation of the CFA franc.

The Workers' member of the Netherlands stated that the assurances made by the Government representative were not convincing, as the action of the Government seemed to contradict the statements made before the Committee. As an example, he quoted a provision from a piece of draft legislation of Cameroon which provided that trade unions established for a cause or purpose contrary to the Constitution, the law, or accepted standards of behaviour, or those trade unions designed to impair the security, territorial integrity, national unity, national integration, or the Republican form of the State would be declared null and void. He asked that both the Workers' and Employers' members examine the case more cautiously.

The Workers' member of New Zealand supported the statement of the Workers' member of Senegal, as the situation in Cameroon clearly amounted to a serious contravention of the Conventions. The Committee of Experts' report had highlighted the practices that are incompatible with the requirements of Conventions Nos. 87 and 98. Any denial of freedom of association was unacceptable, and especially damaging with regard to teachers because their working conditions constituted the same environment where children and young people learn. Moreover, teachers' unions acted as professional organizations to assist their members to develop high professional standards. Denial of access to such an organization, particularly when higher education was involved, usually reflected a desire to control what was taught and how it was taught, which amounted to a denial of academic freedom. Such restrictions were compounded by a restriction of the right of trade unions or professional organizations to join foreign professional organizations, thus denying Cameroon the benefit of exchanges of ideas and knowledge from outside the country. She also referred to infringements of the freedom of association of teachers in Cameroon involving the dismissal, suspension, and forced transfer of teachers and public servants for participating in a strike. While accepting that the Committee acknowledged positive developments, she asked that the Government be requested to grant teachers in higher education the right to form unions of their own choosing and the right to bargain collectively. She also asked that an undertaking be obtained from the Government that it not frustrate the activities of the Cameroon Confederation of Workers' Trade Unions.

The Workers' member of Togo emphasized that the Committee of Experts and the previous speakers had pointed out serious and repeated violations of trade union rights in the legislation and in practice. These violations were also occurring in other African countries whenever trade union organizations adopted an independent approach. With regard to the assurance of the Government representative that the trade union register was a formality, the speaker indicated that this "formality" could indefinitely delay the formation of trade unions, preventing them from developing their activities. On the other hand, section 3 of the draft Act referred to by the Government representative contained worrisome concepts that could prevent the formation of trade unions or impede their activities, as now occurred in respect of professional trade unions. He also joined in the previous statement on the dismissal of the Secretary-General of the Cameroon Confederation of Workers' Trade Unions. Finally, he stressed that there was a practice of interference in collective bargaining and he considered that the Committee should demand that the Government comply with Conventions Nos. 87 and 98.

The Government representative stated that she maintained her previous statement and that she hoped that an amalgamation of matters would be avoided with regard to such an important discussion; in this sense, she indicated that the Workers' member of Senegal recognized that his comments were not to the point. With regard to the Cameroon Confederation of Workers' Trade Unions, she indicated that her country had ratified Conventions Nos. 87 and 98 and that it was its duty to respect these Conventions. She believed that the creation of a trade union of officials of the civil and financial services could reassure the Committee, as in her opinion this constituted progress. Teachers on contract and teachers who were public servants worked under different rules. The latter could belong to the trade union referred to above, while the teachers on contract could belong to the national trade union for contractual workers and agents of the State. She emphasized that there would be a law permitting those who wished to create a specific trade union to do so and that she would inform her Government of the observations that had been made in this Committee.

The Workers' members recognized that they might have been overly willing to accept the assurances given by the Government representative that the legislation in contravention of the Conventions would be repealed and the contravening practices discontinued. They then reiterated their concern regarding the registration requirement, and the need for further examination by the Committee of Experts, and hoped that the promises made by the Government representative would be kept.

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

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

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the Government’s reply to the comments received in 2007 from the General Union of Workers of Cameroon (UGTC) and the International Trade Union Confederation (ITUC). It also notes the comments of the UGTC and the ITUC dated 16 October 2008 and 26 August 2009, respectively. The Committee requests the Government to provide its observations in this respect in its next report.

Article 1 of the Convention. The Committee recalls that, since the adoption of the Labour Code in 1992, it has been asking the Government to amend or delete sections 6(2) and 166 of the Labour Code, which allow the imposition of fines ranging between 50,000 and 500,000 francs on members responsible for the administration or management of a non-registered trade union, who act as if the union had been registered, which is in breach of Article 1 of the Convention. In this respect, the Committee notes that a Bill to amend and supplement certain provisions of the Labour Code has been submitted to the competent authorities and that it would result in the abolition of the penalties and/or fines referred to above. The Committee expects that the Government will be in a position to indicate in its next report the progress achieved in bringing the national legislation into full conformity with Article 1 of the Convention.

Article 4 of the Convention. In its previous comments, the Committee requested the Government to reply to the comments made by trade union organizations concerning the lack of true collective bargaining in the country since 1996. The Committee notes that, according to the Government, several collective agreements and enterprise agreements have been concluded in various sectors and branches of activity, such as: security enterprises, journalism, agriculture, polygraphic industries, banking, commerce, pharmaceuticals, dockers and stevedores, processing industries, insurance, construction and public works. It notes that certain commissions for the negotiation and revision of collective agreements are continuing their work (telecommunications, merchant shipping, water, first level hospitals, postal services and petroleum producing and storage enterprises). The Committee requests the Government to provide statistical data on the number of collective agreement concluded in both the public and the private sectors and the number of workers covered by these agreements.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s report. It also notes the comments made by the General Union of Workers of Cameroon (UGTC), dated 7 August 2007, by CGT-Liberté, dated 27 August 2007, and by the International Trade Union Confederation (ITUC), dated 28 August 2007. The Committee observes that the Government merely indicates in reply to these comments that it cannot verify at government level the allegations of anti-union discrimination in certain enterprises. It adds that, for the moment, it is adopting an attitude of neutrality to avoid being accused of interference in the internal affairs of trade unions. The Committee would like to reiterate in this respect that it is the responsibility of the Government to ensure the application of international labour Conventions concerning freedom of association which have been freely ratified and which must be respected by state authorities at all levels. The Committee requests the Government to supply its observations in reply to comments on the lack of true collective bargaining in the country since 1996, on the dismissals and other detrimental measures which affect trade unionists on account of their activities concerning workers’ representation and, more generally, on the allegations of lack of protection of trade union representatives.

Article 1 of the Convention. The Committee recalls that, since the adoption of the Labour Code in 1992, it has been asking the Government to amend or delete section 6(2) and section 166 of the Code, which allow the imposition of fines ranging from 50,000 to 500,000 francs on members responsible for the administration or management of a non-registered trade union who act as if the union had been registered, in breach of Article 1 of the Convention. The Committee notes that the Government, in a communication dated 5 October 2006 in reply to the observations of the International Confederation of Free Trade Unions (ICFTU) concerning the application of Convention No. 87, states that it submitted to the National Assembly a draft act amending the Labour Code which would replace the current system of trade union registration with a system of mere declaration. It also indicates that the adoption of this new system would imply the abolition of the abovementioned sentences and/or fines. The Committee expresses the firm hope that the Government will be in a position to indicate in its next report the progress made in repealing the abovementioned provisions, and that it will send copies of the legislative texts adopted to this end.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee takes note of the Government’s report The Committee also notes the comments of the General Confederation of Labour-Liberté (CGT-Liberté) sent in two communications, as well as those of the General Union of Workers of Cameroon (UGTC) and the International Confederation of Free Trade Unions (ICFTU) concerning the application of the Convention. The Committee requests the Government to respond to the above comments.

The Committee notes that in its first communication of 29 August 2005, the CGT-Liberté refers to acts of anti-union discrimination and interference in several enterprises and the lack of provisions which provide adequate protection against these acts, as well as the absence of collective agreements in certain branches of activity. The Committee requests the Government to institute an independent inquiry and if the allegations of CGT-Liberté are confirmed, to take all necessary measures of redress.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that the Government’s report does not reply to its previous observation.

Further to its previous request concerning the amendment of sections 6(2) and 166 of the Labour Code which allow a fine ranging from 50,000 to 500,000 francs to be imposed on the members of the administration or management of a non-registered trade union which acts as if the union were registered, the Committee refers the Government to its observation on Convention No. 87 under the regular reporting cycle.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee recalls that, since the adoption of the Labour Code in 1992, the Committee has requested the Government to amend or repeal sections 6(2) and 166 of the Labour Code which provides for the imposition of a fine ranging from 50,000 to 500,000 francs on the members of the administration or the management of a non-registered trade union which acts as if the union were registered. In this respect, the Committee notes the Government’s statement to the effect that an amendment of the Labour Code is envisaged to this effect. The Committee expresses the firm hope that the Government will take the necessary measures to repeal the provisions to ensure that the founders and leaders of trade unions being established enjoy adequate protection against acts designed to prejudice them by reason of their participation in trade union activities, which is contrary to the provisions of Article 1 of the Convention. The Committee again requests the Government to provide the text of any measures taken in this respect in its next report.

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

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation on the following matters:

The Committee recalls that, since the adoption of the Labour Code in 1992, the Committee has requested the Government to amend or repeal sections 6(2) and 166 of the Labour Code which provides for the imposition of a fine ranging from 50,000 to 500,000 francs on the members of the administration or the management of a non-registered trade union which acts as if the union were registered. In this respect, the Committee notes the Government's statement to the effect that an amendment of the Labour Code is envisaged to this effect. The Committee expresses the firm hope that the Government will take the necessary measures to repeal the provisions to ensure that the founders and leaders of trade unions being established enjoy adequate protection against acts designed to prejudice them by reason of their participation in trade union activities, which is contrary to the provisions of Article 1 of the Convention. The Committee again requests the Government to provide the text of any measures taken in this respect in its next report.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information provided by the Government in its report.

The Committee recalls that, since the adoption of the Labour Code in 1992, the Committee has requested the Government to amend or repeal sections 6(2) and 166 of the Labour Code which provides for the imposition of a fine ranging from 50,000 to 500,000 francs on the members of the administration or the management of a non-registered trade union which acts as if the union were registered. In this respect, the Committee notes the Government's statement to the effect that an amendment of the Labour Code is envisaged to this effect. The Committee expresses the firm hope that the Government will take the necessary measures to repeal the provisions to ensure that the founders and leaders of trade unions being established enjoy adequate protection against acts designed to prejudice them by reason of their participation in trade union activities, which is contrary to the provisions of Article 1 of the Convention. The Committee again requests the Government to provide the text of any measures taken in this respect in its next report.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the information provided in the Government's report.

It recalls that since the adoption of the Labour Code in 1992, it has been asking the Government to amend or repeal sections 6(2) and 166 of the Labour Code, under which a fine of Frs.50,000 to 500,000 may be imposed on members responsible for the administration or management of a non-registered union, who act as if the union were registered. In this context it notes the Government's statement to the effect that amendment of the Labour Code to this effect is envisaged. The Committee expresses the firm hope that the Government will take the necessary measures to repeal these provisions, in order to ensure that founders and leaders of trade unions being established enjoy adequate protection against acts calculated to cause prejudice by reason of their participation in union activities, which are contrary to the provisions of Article 1 of the Convention. The Committee once again asks the Government to supply with its next report the text of any measures taken in this respect.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

Article 1, paragraph 2, of the Convention. The Committee expresses the firm hope that sections 6(2) and 166 of the 1992 Labour Code, under which a fine of from 50,000 to 500,000 francs may be imposed on members responsible for the administration or management of a non-registered union, who act as if the union were registered, will be repealed in the near future so as to ensure that all workers, and particularly public employees, teachers, persons who form trade unions and trade union leaders, enjoy adequate protection against acts calculated to prejudice them by reason of union membership or because of participation in union activities. The Committee asks the Government to provide in its next report the texts of any measures taken to this end.

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

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

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

Article 1, paragraph 2, of the Convention. The Committee expresses the firm hope that sections 6(2) and 166 of the 1992 Labour Code, under which a fine of from 50,000 to 500,000 francs may be imposed on members responsible for the administration or management of a non-registered union, who act as if the union were registered, will be repealed in the near future so as to ensure that all workers, and particularly public employees, teachers, persons who form trade unions and trade union leaders, have adequate protection against acts calculated to do them harm by reason of union membership or because of participation in union activities. The Committee asks the Government to provide in its next report the texts of any measures taken to this end.

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

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the information supplied by the Government in its report.

Article 1, paragraph 2, of the Convention. The Committee notes the Government's statement in its report that measures are to be taken to bring the legislation into conformity with the Convention, and expresses the firm hope that sections 6(2) and 166 of the 1992 Labour Code, under which a fine of from 50,000 to 500,000 francs may be imposed on members responsible for the administration or management of a non-registered union, who act as if the union were registered, will be repealed in the near future so as to ensure that all workers, and particularly public employees, teachers, persons who form trade unions and trade union leaders, have adequate protection against acts calculated to do them harm by reason of union membership or because of participation in union activities. The Committee asks the Government to provide in its next report the texts of any measures taken to this end.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the entry into force of Law No. 92/007 of 14 August 1992 issuing the new Labour Code.

It requests the Government to provide a copy, as soon as it has been adopted, of the decree provided for in article 60 of the new Labour Code which provides that rules as to form and substance regarding the conclusion and performance of the collective agreements and company agreements shall be laid down by decree after consultation with the National Labour Advisory Board.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes that the Government's report has not been received.

However the Committee took note of the content of Law No. 92/007 of 14 August 1992 issuing the new Labour Code, and of the observation of the Cameroon Workers' Trade Union Confederation (CSTC) as well as of the conclusions of the Committee on Freedom of Association with regard to Case No. 1699 (see 291st Report, paragraph 516 to 551).

The Committee notes that the CSTC pointed out that under section 6(2) of the new Labour Code, any person forming a trade union or employers' association that has not yet been registered and who acts as if the said union or association has been registered shall be liable to prosecution.

The Committee, as well as the Committee on Freedom of Association, considers that section 6(2) of the new Labour Code is at variance with the established right of workers to adequate protection against all acts of discrimination likely to impair freedom of association in respect of their employment. It therefore asks the Government to take the necessary measures to repeal the provisions which are contrary to the Convention and to guarantee to all workers, and particularly persons who form trade unions and trade union leaders, adequate protection, accompanied by effective and sufficiently dissuasive sanctions, against acts calculated to prejudice them by reason of union membership or because of participation in union activities, in order to bring its legislation into conformity with Article 1(2) of the Convention. It asks the Government to indicate any measures taken in this respect in its next report.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes the entry into force of Law No. 92/007 of 14 August 1992 issuing the new Labour Code.

It requests the Government to provide a copy, as soon as it has been adopted, of the decree provided for in article 60 of the new Labour Code which provides that rules as to form and substance regarding the conclusion and performance of the collective agreements and company agreements shall be laid down by decree after consultation with the National Labour Advisory Board.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes the entry into force of Law No. 92/007 of 14 August 1992 issuing the new Labour Code, and the observation of the Cameroon Workers' Trade Union Confederation (CSTC).

1. The Committee notes that the CSTC pointed out that under section 6(2) of the new Labour Code, any person forming a trade union or employers' association that has not yet been registered and who acts as if the said union or association has been registered shall be liable to prosecution.

The Committee considers that section 6(2) of the new Labour Code is at variance with the established right of workers to adequate protection against all acts of discrimination likely to impair freedom of association in respect of their employment. It therefore asks the Government to take the necessary measures to repeal the provisions which are contrary to the Convention and to guarantee to all workers, and particularly persons who form trade unions and trade union leaders, adequate protection, accompanied by effective and sufficiently dissuasive sanctions, against acts calculated to prejudice them by reason of union membership or because of participation in union activities, in order to bring its legislation into conformity with Article 1(2) of the Convention. It asks the Government to indicate any measures taken in this respect in its next report.

2. The Committee is also addressing a request directly to the Government.