Informe provisional - Informe núm. 350, Junio 2008

1. 297. The Committee last examined this case at its March 2007 meeting, when it presented an interim report to the Governing Body [see 344th Report, paras 440–460, approved by the Governing Body at its 298th Session].
2. 298. The Cameroon Confederation of Free Trade Unions (USLC) sent new allegations in communications dated 22 March 2007 and 14 February 2008.
3. 299. The Government sent new observations in a communication dated 1 February 2008.
4. 300. Cameroon has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), and the Workers’ Representatives Convention, 1971 (No. 135).

A. Previous examination of the case

1. 301. During its previous examination of the case, in March 2007, the Committee made the following recommendations [see 344th Report, para. 460]:
   • (a) With regard to the legality of the extraordinary congress of 25, 26 and 27 August 2005 and the truth or otherwise of the accusations of misappropriation of funds levelled against the President of the union, the Committee expects that the legal proceeding under way since 2005 will soon be completed and requests the Government to send it a copy of any judgement that is handed down. Given the conflicting information contained in the communications from the complainant organization and from the Government, the Committee invites the Government to accept a direct contacts mission to clarify the matter.
   • (b) The Committee calls on the Government to send its observations on the alleged closure of the USLC’s trade union premises as soon as possible. The Committee requests the Government to inform it of the specific motives for the public authorities’ intervention and whether a court warrant was issued for the purpose.

B. New allegations by the complainant

1. 302. In a communication dated 22 March 2007, the complainant points out that Mr Mbom Mefe was called to the Ministry of Labour to attend a meeting on the case under examination. According to the complainant, following the meeting held with the person in charge of the Ministry’s Standards Department, the latter sent a memorandum to the Minister of Labour proposing an out-of-court settlement. The complainant regrets that the Minister failed to follow up this proposal and denounces the fact that, moreover, Mr Mbom Mefe has been removed from the joint negotiation committee for the collective agreement of hydrocarbon workers of Cameroon.
2. 303. In a communication dated 14 February 2008, through its General Secretary, Mr Mbom Mefe, the complainant regrets that the observations sent by the Government do not reply whatsoever to the questions asked by the Committee on Freedom of Association during its previous examination of the case. According to the USLC, this shows the Government’s disregard for ILO institutions.
3. 304. Moreover, the complainant also denounces arbitrary appointments to, and removals from, bodies, stating that Mr Mbom Mefe was arbitrarily removed from the National Human Rights Committee. In this regard, the complainant sent copies of the decrees appointing Mr Mbom Mefe to, and removing him from, the Committee, signed by the President of the Republic, as well as a statement from the Concerted Multiple Actor Programme (PCPA) Forum dated 21 February 2007 requesting that Mr Mbom Mefe be reinstated on the Committee. The complainant also alleges that the Minister of Labour has suspended Mr Mbom Mefe from all his duties on various advisory bodies, such as the Advisory Labour Committee, the OHADA Committee, and so on.
4. 305. The complainant alleges that the Government, as demonstrated by its interference in the affairs of the USLC, which led to its division, is implementing a deliberate policy to break up the trade union movement; this policy is currently affecting all trade union confederations.
5. 306. With regard to the Government’s proposal that the parties concerned take their case before the competent courts, the complainant expresses its reservations as to their impartiality.
6. 307. The organization requests the Committee on Freedom of Association to urge the Government to accept a mission from the International Labour Office.

C. The Government’s reply

1. 308. In its communication dated 1 February 2008, the Government reiterates its previous observations. Furthermore, asserting the principle of non-interference in trade union affairs, the Government invites the parties concerned to take their case before the competent courts in order to settle their differences. The Government expresses its willingness to adhere to any rulings handed down by the courts and presented to it by the trade unions’ registrar.
2. 309. Lastly, the Government requests the Committee on Freedom of Association to make a final decision concerning this case.

D. The Committee’s conclusions

1. 310. The Committee notes the new allegations made by the USLC. It also notes the brief observations presented by the Government in reply to the recommendations made by the Committee during its previous examination of the case. While regretting that the Government merely sent general observations, the Committee draws its attention to the fact that governments should recognize the importance of providing, for objective examination by the Committee, detailed replies on the allegations made against them by the complainants. Indeed, the Committee observes in particular that, in its reply, the Government merely invites the parties concerned to take their case before the competent courts in order to settle their differences. The Committee reminds the Government that the Committee’s mandate consists in determining whether any given legislation or practice complies with the principles of freedom of association and collective bargaining laid down in the relevant Conventions [see Digest of decisions and principles of the Freedom of Association Committee, fifth edition, 2006, para. 6]. The Committee has always considered that, in view of its responsibilities, its competence to examine allegations is not subject to the exhaustion of national procedures.
2. 311. With regard to subparagraph (a) of the recommendations referring to the legality of the extraordinary congress of 25, 26 and 27 August 2005, and the possible truth behind the accusations of embezzlement made against the Confederation’s President, the Committee notes that the Government has not provided any information, particularly concerning any rulings that may have been handed down. Recalling that the legal proceedings under way were initiated in 2005, the Committee is most concerned by the length of these proceedings, which might have prevented the USLC from functioning properly and organizing its activities. The Committee requests the Government to ensure that the legal proceedings under way are not, in practice, hindering the functioning of the union and its activities. In addition, the Committee recalls that, in cases where the results of trade union elections are challenged, such questions should be referred to the judicial authorities in order to guarantee an impartial, objective and expeditious procedure, and that justice delayed is justice denied [see Digest, op. cit., paras 442 and 105]. Therefore, the Committee expects that a final ruling will be handed down very soon and expects that the Government will keep it informed in this regard and of any further developments.
3. 312. With regard to subparagraph (b) of the recommendations whereby the Committee requested the Government to provide its observations on the alleged closure of the USLC’s union premises by the Deputy Prefect of the First District of Yaoundé, accompanied by police officers, without the notification of a judicial or administrative ruling, the Committee regrets that the Government has not provided any reply whatsoever concerning this matter, particularly to explain the specific reasons for this intervention by the public authorities and whether a judicial warrant had been issued. While strongly emphasizing that the inviolability of trade union premises and property is a civil liberty which is essential to the exercise of trade union rights and that the entry by police or military forces into trade union premises without a judicial warrant constitutes a serious and unjustifiable interference in trade union activities [see Digest, op. cit., paras 178 and 181], the Committee brings the Government’s attention to the fact that, if these allegations prove to be founded, they would constitute serious and intolerable interference by the authorities in the USLC’s trade union activities. Once again, the Committee requests the Government to provide detailed observations on these allegations and expects that it will take the necessary measures to prevent the repetition of such acts.
4. 313. With regard to the new allegations by the complainant, according to which Mr Mbom Mefe was removed from several national advisory bodies, the Committee notes the documents presented by the complainant, particularly the decrees appointing Mr Mbom Mefe to, and removing him from, the National Human Rights Committee (CNDH), as well as the statement of the PCPA Forum opposing his removal from the CNDH. In the absence of a reply from the Government, the Committee cannot rule out the possibility that Mr Mbom Mefe’s removal from the CNDH or his alleged removal from other national advisory bodies might be linked to his position as General Secretary of the USLC and, therefore, to his trade union activities. In this regard, the Committee reminds the Government of the importance, for the preservation of a country’s social harmony, of regular consultations with employers’ and workers’ representatives; such consultations should involve the whole trade union movement, irrespective of the philosophical or political beliefs of its leaders. The Committee also considers it useful to refer to the Consultation (Industrial and National Levels) Recommendation, 1960 (No. 113), Paragraph 1 of which provides that measures should be taken to promote effective consultation and cooperation between public authorities and employers’ and workers’ organizations without discrimination of any kind against these organizations. In accordance with Paragraph 5 of the Recommendation, such consultation should aim at ensuring that the public authorities seek the views, advice and assistance of these organizations, particularly in the preparation and implementation of laws and regulations affecting their interests [see Digest, op. cit., paras 1065 and 1068]. The Committee requests the Government to promote dialogue and consultation on matters of mutual concern to the public authorities and the most representative professional organizations at industrial and national levels, particularly by ensuring regular consultations with the whole trade union movement, including the USLC.
5. 314. Lastly, the Committee cannot but regret the absence of a specific reply from the Government, despite the seriousness of the allegations made several years ago, and deplores the new allegations concerning the deterioration of the conditions in which the USLC carries out its trade union activities since the previous examination of the case. Because of the contradictory information provided by the complainant and the Government, and in view of the fact that nearly three years have passed since the legality of the USLC extraordinary congress was questioned, without any final ruling being handed down, the Committee urges the Government to accept a direct contacts mission in order to clarify the situation.