Observation (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

The Committee notes the Government’s report. It also notes the comments made by the Confederation of Public Service Unions of Cameroon (CSP), dated 7 April 2005, the General Confederation of Labour - Liberty of Cameroon (CGT-Liberty), dated 29 August and 10 October 2005, the General Union of Cameroon Workers (UGTC), dated 30 August 2005, and the International Confederation of Free Trade Unions (ICFTU), dated 31 August 2005.

1. Article 2 of the Convention. The Committee recalls that Act No. 68/LF/19, of 18 November 1968, under which the existence in the 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 establishing 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, as well as article 166 of the Labour Code which provides for heavy fines, are not consistent with Article 2 of the Convention. With regard to the prosecution of persons promoting trade unions, which have not yet been registered, the Committee notes the Government’s indication in its last report that a Bill has been submitted for examination by the National Labour Advisory Commission. On the contrary, the amendment of Act No. 68/2F/19 is still not on the agenda. The Government considers that preliminary work has to be carried out for awareness raising and training and refers in this respect to the request for technical assistance which it has recently addressed to the ILO in the framework of a support project for the implementation of the Declaration (PAMODEC). The Committee once again urges the Government to take the necessary measures to bring the legislation into conformity with the Convention. It emphasizes, in particular, the need to amend Act No. 68/LF/19 so as to secure for public servants the right to establish organizations of their own choosing without previous authorization, and to provide a copy 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 which confines itself in its latest report to making reference to the PAMODEC project in order to raise awareness in the concerned ministries on the need to amend article 19. The Committee 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 and the UGTC concerning the situation in the CAMRAIL enterprise, and particularly that of Mr. B. Essiga, and the Government’s reply in this respect, including the fact that this trade union member is benefiting from conditional release and that the judicial proceedings are following their course. According to the Government, the legal proceedings against him relate to a common law offence and bear no relation to his trade union activities. Recalling once again 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 CGT-Liberty, the CSP and the UGTC, particularly in relation to restrictions on the right to strike, the conditions for the dissolution of trade unions and the renewed increase in cases of the dismissal and imprisonment of trade union leaders.

Emphasizing that all the matters referred to above have been raised for many years by both the Committee of Experts and the Conference Committee on the Application of Standards, the Committee once again firmly invites the Government to remove the obstacles in both law and practice to the full exercise of freedom of association as soon as possible and to provide copies of the relevant legislative texts in the very near future.