Effect given to the recommendations of the committee and the Governing Body - Report No 343, November 2006

Effect given to the recommendations of the Committee and the Governing Body

1. 33. In its previous examination of the case at its March 2006 session [see 340th Report, paras. 328-372], the Committee requested the Government: (a) to issue without delay the certificate of registration to SNI-ENERGIE; (b) to ensure that the principles of freedom of association are fully respected in the AES-SONEL enterprise, particularly as concerns the non-interference of the enterprise in favour of a trade union, and to ensure that all negative effects of favouritism are rectified; (c) to keep it informed of the outcome of the decisions concerning the CSIC’s participation in the electoral process of the judicial authority; (d) to ensure that in the future, the restrictions concerning the right to strike, more specifically in the case of notice of strike action, should be accompanied by adequate, impartial and speedy conciliation and arbitration proceedings in which the parties can take part at every stage; (e) to communicate to it the text of the judgements handed down concerning the legality of the collective agreement and to keep it informed of the development of the situation in this respect; (f) to make sure that, in the event of any future restructuring, including rationalization and staff reduction processes, the process involves consultations or attempts to reach agreement with the trade union organizations; (g) to keep it informed of the outcome of the proceedings undertaken regarding the cases of Messrs. Fouman and Ndzana Olongo and to communicate to it the final judgements handed down by the courts in this respect; (h) to set up immediately an independent inquiry on the allegations of anti-union discrimination against the officials and members of the CSIC and SNI-ENERGIE; (i) to take rapidly the necessary measures so that the trade union officials dismissed in violation of national legislation might benefit effectively from all the protections and guarantees provided for under this legislation. If it is found that acts of anti-union discrimination have been committed, the Committee requests the Government to take the necessary measures to guarantee their reinstatement; and (j) to provide its observations on the supplementary information provided by the CSIC in its communications of 2 December 2005 and 23 January 2006.
2. 34. The Confederation of Independent Trade Unions of Cameroon (CSIC), in communications dated 2 December 2005, 23 January, 22 May and 15 September 2006 signed by Mr. Ndzana Olongo in his capacity as general secretary of the CSIC, reiterates its allegations. In its communication of 22 May 2006, the CSIC adds that the Government has created a split in the organization by asking a small group to resign and create a new trade union in the same sector of activity and to join the Trade Union Confederation of Workers in Cameroon (CSTC) which is, according to the complainant, in the service of the Government. The CSIC claims that the Government gives two different versions of the circumstances surrounding the non-registration of the SNI-ENERGIE: on the one hand, the Government claims that it was not registered because the trade unions’ registrar had left, and on the other hand it claims that it was not registered because a group had resigned from SNI-ENERGIE. According to the CSIC, SNI-ENERGIE was not registered because it is independent from the administration, the employers and the indiscretions of the Minister of Labour and Social Security and the acts of corruption of the Ministry’s civil servants.
3. 35. The CSIC also alleges that the Minister of Labour and Social Security invited individuals to the 120th International Festival of Labour who did not have the standard or the mandate to address workers on behalf of the CSIC. Those purporting to represent the CSIC were also invited to various events, including a reception with the Prime Minister within the framework of social dialogue, on 18 January 2006, and the National Day on 20 May 2006. The CSIC alleges that the Government has attempted to destabilize it.
4. 36. The Government replied in two communications dated 2 and 9 May 2006 to the additional allegations made by the complainant in their communications of 2 December 2005 and 23 January 2006, in which the CSIC reiterates and clarifies its allegations. Regarding the registration of SNI-ENERGIE, the Government affirms in its communication of 2 May that there has been dissociation from CSIC and a new trade union has been created, the National Union of Electric Energy (SNEE), and that SNI-ENERGIE therefore falls under article 8 of the Labour Code requiring at least 20 signatures for registration. In addition, in its communication of 9 May, the Government states that the CSIC might have wanted a government reaction to the organization’s internal quarrels. It adds that Mr. Ndzana Olongo has been struck off from the CSIC and can no longer speak on behalf of the organization.
5. 37. The Government, in a communication of 15 June 2006, reports that it has noted the Committee’s recommendations and reiterates its commitment to implementing the provisions contained in the Conventions it has freely signed up to. It adds the following comments regarding the Committee’s recommendations:
6. – regarding recommendation (a) on the registration of SNI-ENERGIE, the Government reaffirms that members of that union disassociated themselves from CSIC and created a rival organization which was duly registered with the registrar. In these conditions it would be difficult, according to the Government, to register SNI-ENERGIE as it no longer has any members;
7. – regarding recommendation (b) on the non-interference of AES-SONEL in favour of a trade union, the Government states that an inquiry will be launched to clarify these destabilizing attitudes. The Government specifies that a report will be sent to the Committee in due course;
8. – regarding recommendation (c), the Government guarantees that judicial decisions will be communicated as soon as they are available;
9. – regarding recommendation (d), the Government states that the conciliation and arbitration proceedings are defined in the Labour Code and are respected;
10. – regarding recommendation (e) on the collective agreement in the AES-SONEL enterprise, the Government states that the procedure is being followed and that relevant information will be forwarded as soon as it becomes available;
11. – regarding recommendation (f) on the consultations with professional organizations with regard to restructuring, the Government affirms that there are provisions pertaining to this in the Labour Code in article 40 which apply;
12. – regarding recommendation (g), the Government clarifies that the deliberations in the Fouman and Ndzana cases will be carried out according to the laws and regulations in force and that copies of the rulings will be sent to the Committee as soon as possible;
13. – regarding recommendation (h), the Government states that a committee will be set up to carry out an independent inquiry into the allegations of discrimination, because they are so serious. A copy of the inquiry report will be sent to the Committee as soon as possible;
14. – regarding recommendation (i), the Government guarantees that measures will be taken with regard to the reinstatement of union officials if these allegations are proven by the inquiry.
15. 38. The Committee takes note of the Government’s statement regarding the dissociation from CSIC by members of SNI-ENERGIE and the creation of a new organization by those members, SNI-ENERGIE therefore falling under article 8 of the Labour Code requiring at least 20 signatures for registration; the Committee notes the complainant’s allegation that the Government has created a split in the organization by asking a small group to resign and create a new trade union in the same sector of activity and to join the CSTC which is, according to the complainant, in the service of the Government. The Committee recalls the fundamental principle of non-interference by the authorities in the internal business of trade unions, laid down in Article 3, paragraphs 1 and 2, of Convention No. 87, and the principle that workers should be able to establish and join organizations of their own choosing in full freedom. [Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1996, para. 274.]
16. 39. The Committee notes with interest the Government’s intention to launch an investigation to clarify the allegations of interference by AES-SONEL and expects that its outcome will be communicated to it quickly along with the Government’s decision to implement, as recommended by the Committee, an investigating committee to examine the allegations of anti-union discrimination towards officials and members of the CSIC and SNI-ENERGIE, and hopes that this will be set up immediately. The Committee notes that the Government will send it the judicial decisions regarding the CSIC’s participation in the electoral process and copies of the rulings in the Fouman and Ndzana cases as soon as possible. Also, the Committee notes that the Government will send information concerning the collective agreement in the AES-SONEL enterprise. The Committee requests the Government to send all the judicial decisions made in relation to this case. The Committee notes the Government’s statements that the provisions of article 40 of the Labour Code apply to the consultations with professional organizations with regard to restructuring. The Committee notes the Government’s observations on the CSIC’s communications of 2 December 2005 and 23 January 2006 regarding acts of government interference in the legitimate activities of the trade union, particularly that in which the Government reaffirms its commitment to respecting the principle of non-interference in the internal affairs of trade unions, and adds that “the CSIC might have wanted a government reaction to the organization’s internal quarrels”. The Committee highlights the fundamental principle that the authorities and employers should refrain from any discrimination between trade union organizations, especially as regards recognition of their leaders who seek to perform legitimate trade union activities [see Digest, op. cit., para. 307] and trusts that the Government will fully uphold this principle. The Committee expresses its hope that the Government will send the information requested above as soon as possible.