Demande directe (CEACR) - adoptée 2017, publiée 107ème session CIT (2018)

Convention (n° 29) sur le travail forcé, 1930 - Cameroun (Ratification: 1960)

Autre commentaire sur C029

Observation

Demande directe

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Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee noted the adoption of Act No. 2011/024 of 14 December 2011 concerning trafficking in persons (Anti-Trafficking Act), which criminalizes trafficking, defines what constitutes it and prescribes penalties of imprisonment ranging from ten to 15 years. It also noted that an inter ministerial committee had been established to oversee the elimination of trafficking in persons by Order No. 163/CAB/PM of 2 November 2010. The Committee asked the Government to provide information on the application of the Anti-Trafficking Act in practice and on the activities of the abovementioned inter-ministerial committee.

The Committee notes the lack of information on this point in the Government’s report. The Committee notes that the provisions of the Anti Trafficking Act have been incorporated in the new Penal Code, adopted by Act No. 2016/007 (section 342-1). The Committee notes the Government’s indication in its report on the Worst Forms of Child Labour Convention, 1999 (No. 182), that, as part of the fight against the scourge of trafficking in children, awareness raising in relation to trafficking has been conducted for heads of decentralized departments of sectoral administrations. The Committee requests the Government to provide information on the measures taken under the Anti Trafficking Act (No. 2011/024 of 14 December 2011), including measures to: (i) prevent the trafficking of adults for sexual and labour exploitation; (ii) strengthen the capacities of law enforcement bodies (police, labour inspectorate, Public Prosecutor’s Office and judges); and (iii) identify victims and provide them with adequate protection. The Committee also requests the Government to provide information on the activities of the inter-ministerial committee established to oversee the elimination of trafficking in persons and any measures taken. Lastly, the Committee requests the Government to provide information on judicial proceedings instituted on the basis of the Anti-Trafficking Act, court decisions handed down and penalties imposed.

Articles 1(1) and 2(1) of the Convention. Freedom of members of the armed services to leave the service of the State. For many years, the Committee has been drawing the Government’s attention to sections 53 and 55 of Act No. 80/12 of 14 July 1980, issuing the general conditions of service of members of the armed forces, under the terms of which career members of the armed forces serving as officers who are recruited by competition, sign a contract of indefinite duration, and their resignation may be accepted only on exceptional grounds. The Committee recalled in this regard that persons in the service of the State, including career members of the armed forces, should have the right to leave the service in peacetime within a reasonable period, either at specified intervals or with prior notice, subject to the conditions which may normally be required to ensure the continuity of the service.

The Committee notes the lack of information on this point in the Government’s report. The Committee requests the Government to indicate the conditions of service for members of the armed forces. The Committee also requests the Government to provide relevant statistical information relating to this matter (number of resignation requests submitted, number of resignations accepted or refused and, if applicable, information on the grounds for refusal).

Article 2(2)(b). Work in the general interest forming part of civic obligations. In its previous comments, the Committee noted that, under the terms of Act No. 2007/003 of 13 July 2007 instituting national service contributing to development, such service comprises a compulsory period and a voluntary period. The compulsory period, lasting 60 days, applies to young persons between 17 and 21 years of age and covers: civic training and physical, sporting and cultural education; consolidation of schooling; training in first aid and civil protection; and awareness raising with regard to environmental protection. The voluntary period, which lasts six months and is renewable, includes the performance of work in the general interest. The Committee asked for information on the application of the Act of 2007 in practice, including the manner in which participants for this service are selected, particularly for the voluntary period.

The Committee notes the Government’s indication that details of the procedures for the selection of volunteers for national service contributing to development will be sent in due course. The Committee requests the Government once again to provide information on the practical arrangements for national service contributing to development, including the selection of participants; the length of the voluntary period of service; and the nature of activities undertaken during the period of compulsory training. The Committee requests the Government once again to send a copy of the decree implementing Act No. 007/003.

Article 2(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 steps to supplement the legislation in order to ensure that the consent of prisoners to work for private entities is formally required. Under section 24 of the Penal Code, as amended by Act No. 90-61 of 19 December 1990, persons serving a prison sentence are obliged to work. Furthermore, Decree No. 92-052 of 27 March 1992 issuing the prison regulations authorizes the hiring of prison labour to private enterprises and individuals (sections 51–56), and Order No. 213/A/MINAT/DAPEN of 28 July 1988 establishes certain conditions concerning the use of prison labour, including the rates for their hire. However, neither of these texts requires the formal and informed consent of the prisoners who are to be hired to private enterprises and/or individuals.

The Committee notes the lack of information from the Government on this point. The Committee requests the Government to take the necessary measures to ensure that the texts implementing Decree No. 92-052 issuing the prison regulations are adopted and will provide explicitly that free, formal and informed consent shall be given by convicts with regard to all work for private entities, and to ensure that prisoners’ conditions of work approximate to those of a free employment relationship.

Article 2(e). Minor communal services. In its previous comments, the Committee noted the information provided by the Government concerning the establishment of an inter-ministerial committee for combating forced labour in traditional chiefdoms, prisons and private homes. The Government explained that the payment of wages to traditional chiefs reinforces the autonomy of these authorities with a view to preventing them from having recourse to forced or compulsory labour. The Committee asked the Government to provide information on the measures taken to ensure that work imposed by traditional chiefs remains within the limits of the exception provided for in Article 2(e) of the Convention concerning minor communal services.

The Committee notes the Government’s indication that minor communal services are services designed to maintain cleanliness in villages and hamlets. The Committee requests the Government to clarify whether there are legislative texts that establish arrangements for imposing and performing minor communal services and, if so, to send copies of them. The Committee also requests the Government to indicate the measures taken in the context of the activities of the inter-ministerial committee for combating forced labour in traditional chiefdoms.