Observation (CEACR) - adoptée 1996, publiée 85ème session CIT (1997)

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

It nevertheless takes note of the statements made by the Government representative to the Conference Committee in June 1996 and the discussion which ensued.

1. Article 2 of the Convention. The Committee recalls that for many years it has pointed out that Act No. 68/LF/19 of 18 November 1968, which subjects the legal existence of a trade union or occupational association of public servants to the prior approval of the Minister of Territorial Administration, and section 6(2) of the Labour Code of 1992, under which persons forming a trade union that has not yet been registered, and who act as if the said union has been registered, shall be liable to prosecution, are not consistent with the requirements of the Convention.

In regard to Act No. 68/LF/19 of 18 November 1968, the Government indicates that the law in question is being repealed and that a Bill has been conveyed to the Prime Minister for presentation to the National Assembly. It adds that the Minister of Territorial Administration has granted approval to several trade unions in the public sector, including the National Union of Technical Services Officials (SYNAFCIF), the National Union of Technical Services Staff (SYNAPTECH) and the National Union of Teachers of Cameroon (SYNEC). The Government states that these approvals are evidence of its will to move towards abolishing prior authorization. The Government indicates, furthermore, that the National Union of Teachers in Higher Education (SYNES) conducts its affairs in full freedom but refuses to comply with legal registration requirements.

In regard to section 6(2) of the Labour Code of 1992, the Government repeats its previous declarations that the matter was a mere administrative formality which existed for all civil acts and allowed the legal existence of the trade union to be noted. The Committee repeats that it is difficult to imagine this registration as a mere formality since the SYNES has had its application refused.

The Committee notes in fact, on the one hand, that the Committee on Freedom of Association has expressed its concern at the Government's refusal since 1991 to recognize the SYNES and considers that Act No. 68/LF/19 of 18 November 1968 and section 6(2) of the Labour Code are contrary to the provisions of the Convention and, on the other hand, that in June 1994 and June 1996 the Conference Committee reminded the Government of the need to amend in the near future its law and practice to ensure application of the Convention. The Committee is therefore obliged to urge the Government once again to recognize the right of teachers in higher education, be they public servants or contract employees, to form unions of their own choosing, and to take the necessary steps to repeal Act No. 68/LF/19 of 18 November 1968, and section 6(2) of the Labour Code, so as to guarantee the right of all workers, including public servants, to establish professional associations without previous authorization, in accordance with this Article of the Convention.

2. Article 5. In regard to section 19 of Decree No. 69/DF/7 of 6 January 1969, under which trade unions or professional associations of public servants may not join a foreign professional organization without obtaining prior authorization from the Minister responsible for "supervising fundamental freedoms", the Government indicates that since this Decree is issued under the Act of 1968, it will be brought into conformity with the Convention once the new Act on civil servants' unions is promulgated. Recalling that Article 5 of the Convention gives all occupational organizations the right to affiliate freely with international workers' and employers' organizations, the Committee requests the Government to take the necessary measures, as soon as possible, to abolish prior authorization in order to bring the legislation into conformity with the provisions of the Convention. The Committee would remind the Government that ILO technical assistance is available for the elaboration of a draft law concerning trade unions or occupational associations of public servants to be fully in conformity with the requirements of the Convention.

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