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Effect given to the recommendations of the committee and the Governing Body
Effect given to the recommendations of the committee and the Governing Body- 23. The Committee last examined this case at its meeting in November
2011, in relation to anti-union harassment against the Secretary-General of the Single
National Union of Teachers and Professors in the Teachers Training Faculty (SNUIPEN), Mr
Joseph Ze, and interference by the authorities in an internal union dispute [see 362nd
Report, paras 23–32].
- 24. The Committee notes the communications dated 19 November 2010, 23 May
2012 and 28 May 2013, which once again denounce the Government’s refusal to give effect
to the Committee’s recommendations, and reiterates its previous observations, in
particular regarding the harassment to which Mr Ze still appears to be subject.
- 25. The Committee notes the information contained in the Government’s
communications of 23 July 2012 and 3 January 2014. The Committee notes with concern that
the Government merely reiterates its previous observations that the case concerning the
judicial harassment and violation of Mr Ze’s union rights by elements of the Yaoundé
national police force in April 2004 comes under common law and that the relevant court
decisions remain pending. Furthermore, the Government once again challenges the
allegations of the authorities’ interference in the affairs of the SNUIPEN.
- 26. As regards the inquiry conducted by the Secretary of State for
Defence into the facts surrounding the arrest and custody of Mr Ze as of 16 April 2004,
the Committee can only once again deplore the stance taken by the Government which
simply states that the case comes under common law and that it has been referred to the
judicial authorities. The Committee notes that, in its communication of May 2013, the
complainant organization challenges the Government’s statement and indicates that no
ruling at the national level is pending, since there has never been any follow up to its
complaint of 5 June 2004, submitted to the Secretary of State for Defence, for extortion
of union funds. The Committee can only reiterate its request to the Government to
provide the results of any inquiry conducted by the Secretary of State for Defence,
following the complaint by Mr Ze. The Committee recalls that, given the serious
allegations of acts of torture and extortion of funds, this inquiry must determine the
true facts and responsibilities, sanction the guilty parties, and above all prevent the
repetition of such acts. If it is established that no inquiry had been conducted, the
Committee expects the Government to take the necessary measures so that the inquiry is
undertaken by the competent authorities, taking into account the information provided by
the complainant organization and that the inquiry also relates to the allegations made
by the SNUIPEN concerning the arrest of Mr Ze in March 2007 and March 2008, and his
detention from 17 to 24 March 2008.
- 27. As to the allegations concerning the suspension of Mr Ze’s salary in
November 2008 on the grounds of unlawful absence from his place of work, the Committee
notes that, according to the complainant organization, the decision to reinstate Mr Ze’s
salary was signed with effect from November 2012, therefore assigning to him an absence
of 48 months. The complainant organization denounces the possible consequences of such a
decision concerning Mr Ze’s financial situation and refers to the appeal for review
lodged by Mr Ze to amend the date on which his salary was reinstated. The Committee
requests the Government or the complainant organization to keep it informed of the
outcome of the appeal in question.
- 28. Furthermore, the Committee again notes the Government’s statement to
the effect that it abstains from any interference in union activities. The Committee
recalls the background to this case in which it had noted certain acts by the
authorities favouring contact with a faction of the SNUIPEN. The Committee had requested
the Government to maintain a stance of complete neutrality in the differences within the
union movement, in particular within the SNUIPEN. The Committee notes that the
complainant organization again denounces the interference by the Government which, in
February 2012, summoned the faction of Mr Ateba, as a SNUIPEN representative, to a
consultation meeting on the social climate among teachers, following which a Memorandum
of Understanding was signed (Memorandum of Understanding and press release provided by
the complainant organization). Noting with concern that in this case the Government
breached its duty of neutrality, the Committee is obliged once again to request the
Government to indicate to what extent the issue of the lawful representation of the
SNUIPEN has been clarified and, as appropriate, to provide any final court decision in
this regard or any information on the means used by the parties concerned to settle the
dispute.