Observation (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

The Committee notes the Government’s report and the comments made by the International Confederation of Free Trade Unions (ICFTU) in its communications dated 24 September 2003 and 19 July 2004, as well as the comments made by the Central Public Sector Trade Union Organization of Cameroon (CSP), dated 2 September 2004.

The Committee recalls that it has been commenting for several years on the following points.

1. Article 2 of the Convention. The Committee has been pointing out for many years that Act No. 68/LF/19, of 18 November 1968, under which the existence in law of a trade union or occupational association of public servants is subject to prior approval by the Minister for Territorial Administration, and section 6(2) of the Labour Code of 1992, under which persons forming a trade union which 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 Article 2 of the Convention. Noting the assurances given by the Government that provisions should be adopted before the 92nd Session of the Conference (June 2004) to bring the legislation into conformity with the Convention (particularly relating to the repeal of Act No. 68/LF/19 and of Decree No. 69/ST/7 of 6 January 1969, and the amendment of sections 6(2) and 11 of the Labour Code of 1992, the Committee nevertheless must note that no practical legislative progress has been achieved in this respect. As regards more specifically the Act of 1968 respecting trade unions and occupational associations of public servants, the Government indicates in its latest report that the amendment process is still under way. In view of the length of time that has elapsed since its first observations on this subject, the Committee once again urges the Government to take the necessary measures promptly to bring its legislation into conformity with the Convention, in particular to amend Act No. 68/LF/19 in order to ensure that public servants have the right to establish organizations of their own choosing without prior authorization, and to provide copies of the relevant legislative texts.

2. Article 5. Prior authorization for affiliation to an international organization. The Committee has been pointing out for several years that section 19 of Decree No. 69/DF/7 which provides that trade unions or associations of public servants may not join a foreign occupational organization without obtaining prior authorization from the Minister responsible for "supervising public freedoms", is inconsistent with Article 5 of the Convention. The Committee once again refers to its previous comments in this respect, as the provision in question has not been repealed despite the assurances given by the Government. It once again urges the Government to amend the legislation as soon as possible in order to eliminate the requirement for public servants’ unions to obtain prior authorization before joining an international organization.

3. The Committee notes the comments of the ICFTU concerning the situation in the CAMRAIL enterprise, and particularly the arrest of Mr. B. Essiga, and the Government’s reply in this respect, including the fact that this trade unionist has benefited from provisional release and that the judicial procedures are following their course. Recalling that the guarantees set out in the Convention can only be effective if civil and political rights are fully protected (see General Survey on freedom of association and collective bargaining, 1994, paragraph 43), the Committee requests the Government to provide information in its next report on developments relating to the prosecution of Mr. Essiga and to provide a copy of any decision made in this case.

4. The Committee requests the Government to provide its observations on the other comments made by the ICFTU, as well as those of the CSP.

Emphasizing once again that all of the issues referred to above have been raised for many years both by the Committee of Experts and the Conference Committee on the Application of Standards, including in June 2003, the Committee urges the Government to take the necessary measures very promptly to bring its legislation into conformity with the Convention and to provide copies of the relevant legislative texts in the very near future.