Observation (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

Convention (n° 87) sur la liberté syndicale et la protection du droit syndical, 1948 - Cameroun (Ratification: 1960)

Autre commentaire sur C087

Observation

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Application of the Convention in practice. With reference to the observations of the International Trade Union Confederation (ITUC), received on 1 September 2016, regarding in particular cases of interference by the authorities in the elections of the Fako Agricultural Workers’ Union (FAWU), and in the construction and health sectors, acts of vandalism on the premises of the Union of Agricultural Workers in Fako (DISAWOFA), anti-union harassment against members of a financial workers’ union (FESYLTEFCAM) in the banking sector, and repeated police violence against strikers in the construction industry, the Committee notes with regret that the Government has not provided the detailed information requested.

Furthermore, no specific reply has been provided regarding the observations received on 6 September 2016 from Education International and its members from the education trade unions platform, according to which eight public sector teachers’ unions are still not legally recognized despite the procedures they had followed to obtain accreditation from the competent authorities. The Government has confined itself to indicating that the delay in the registration of trade unions does not only affect teachers’ unions, and that it is linked to the fact that the post of registrar had not been filled. Reiterating its concern regarding the allegations received, the Committee once again urges the Government to provide detailed comments on all of the issues raised.

The Committee also notes the observations of the International Transport Workers’ Federation (ITF), received on 4 September 2018, on the violent intervention by the police to suppress a strike movement initiated by dockworkers in the port of Douala on 22 June 2018, the arbitrary arrest of 32 dockworkers that followed, and the delay by the public authorities in carrying out an independent investigation. Noting with concern these new allegations of acts of violence by the police against strikers, the Committee urges the Government to provide comments and detailed information in this regard.

Legislative issues. Act on the suppression of terrorism. The Committee recalls that, at its session in November 2016, the Committee on Freedom of Association made recommendations on the application of the Act on the suppression of terrorism (No. 2014/028 of 23 December 2014) and referred the case to the Committee of Experts for examination of the Act’s conformity with the provisions of the Convention (see Case No. 3134, 380th Report). In this regard, the Committee wishes to draw the Government’s attention once again to the following point: under section 2 of the Act, “the death penalty shall be imposed on anyone who … commits or threatens to commit any act that may cause death, endanger physical safety, result in bodily injury or property damage or harm natural resources, the environment or the cultural heritage with the intention of: 1(a) intimidating the public, causing a situation of terror or forcing a victim, the Government and/or a national or international organization to carry out or refrain from carrying out a given act, adopting or renouncing a particular position or act according to certain principles; 2(b) disrupting the normal operation of public services or the delivery of essential public services, or creating a public crisis”. The Committee reiterates its deep concern regarding the fact that some of these situations could apply to acts related to the legitimate exercise of activities by trade unions or employers’ representatives in accordance with the Convention. The Committee refers in particular to protests, demonstrations and strikes that would have direct repercussions for public services. The Committee also recalls that, in light of the penalty that may be imposed, such a provision could be particularly intimidating for trade union or employers’ representatives who speak out or take action within the context of their duties. While noting the Government’s indication that the Committee’s concerns will be taken into account in the application of the Act and that the legislation only addresses acts of terrorism, the Committee urges the Government to take the measures necessary to amend section 2 of the Act on the suppression of terrorism to ensure that it does not apply to the legitimate activities of workers’ and employers’ organizations, which are protected under the Convention. In the meantime, the Committee requests the Government to continue providing information on the measures taken to ensure that: (i) the implementation of this Act does not have harmful consequences on officials and members engaged in their functions, and performing trade union or employer activities pursuant to Article 3 of the Convention; and (ii) the Act is enforced in such a way that it is not perceived as a threat or intimidation towards trade union members or the whole trade union movement.

Legislative reform. Articles 2 and 5 of the Convention. For many years, the Committee has been recalling the need to: (i) amend Act No. 68/LF/19 of 18 November 1968 (under the terms of which the legal existence of a trade union or occupational association of public servants is subject to prior approval by the Minister of Territorial Administration); (ii) amend sections 6(2) and 166 of the Labour Code (which lay down penalties for persons establishing a trade union which has not yet been registered and acting as if the said union had been registered); and (iii) repeal section 19 of Decree No. 69/DF/7 of 6 January 1969 (under the terms of which trade unions of public servants may not affiliate to an international organization without obtaining prior authorization). The Committee urges the Government to provide information on any progress or developments in this regard.

Noting once again with deep regret that, according to the information provided by the Government, the process of revising the Labour Code has still not been completed, the Committee is bound once again to urge the Government to finalize the legislative revision process, without further delay, so as to give full effect to the provisions of the Convention on the abovementioned points.