Observation (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Article 2, paragraph 2(c), of the Convention. Hiring of prison labour to private entities. For many years, the Committee has been asking the Government to take the necessary measures to supplement the legislation respecting the prison system (first, Decree No. 73-774 of 11 December 1973, and then Decree No. 92-052 of 27 March 1992) with a provision requiring the formal consent of detainees who are hired to private enterprises and individuals. In its previous observation, the Committee noted the information provided by the Government confirming that Order No. 213/A/MINAT/DAPEN of 28 July 1988 was still in force. It noted that this Order establishes a number of conditions respecting the use and rates for the hiring of prison labour, including the cost of the daily allowance for a manual worker and a technician, and the surveillance costs. The Government indicated that no text had yet been adopted issuing regulations under Decree No. 92-052 respecting the prison system and that it would provide an opinion in writing by the Directorate of Prison Affairs at a later date. The Committee notes that the Government’s latest report does not refer to such opinion. It notes the commitment expressed by the Government in its report to ensure that the texts giving effect to the Decree respecting the prison system establish the requirement of formal consent of convicts before performing any work for private entities and to inform the Office as soon as they have been adopted. It also notes a communication dated 20 October 2008 from the General Confederation of Labour–Liberty of Cameroon (CGT–Liberté) in which it referred to the evasive nature of the Government’s reply concerning the date on which the implementing texts are to be adopted. The CGT–Liberté also regrets the fact that these draft texts have not been submitted to the National Labour Advisory Commission. The Committee further notes the Government’s reply, dated 12 February 2009, to this communication. The Government indicates that the text in question was examined with the Ministry for Territorial Administration and Decentralization at the last session of the National Labour Advisory Commission.

The Committee once again recalls that, in a captive environment, it is necessary to obtain the formal consent of prisoners for work in cases where such work is performed for private individuals, enterprises or associations. The Committee further considers that certain factors are required in order to authenticate or confirm the giving of free and informed consent, and that the most reliable indicator of the voluntary nature of labour is that the work is performed under conditions which approximate a free labour relationship. The Committee once again hopes that the Government will take all the necessary measures for the adoption in the very near future of texts to give effect to the Decree respecting the prison system, by explicitly setting out the requirement for convicted persons to give their formal consent to any work performed for private individuals, enterprises or associations, and to ensure conditions which approximate a free labour relationship in terms of remuneration and occupational safety and health. The Committee once again requests the Government to provide information on any progress achieved in this respect.

The Committee is raising other points in a request addressed directly to the Government.