Rapport où le comité demande à être informé de l’évolution de la situation - Rapport No. 295, Novembre 1994

1. 263. The Committee already examined the substance of this case at its November 1993 meeting when it presented interim conclusions to the Governing Body (see 291st Report, paras. 516-551, approved by the Governing Body at its November 1993 Session).
2. 264. The SYNES presented additional allegations in communications dated 2 March and 18 April 1994, to which the Government has not replied.
3. 265. Cameroon has ratified both the Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87), and the Right to Organize and Collective Bargaining Convention, 1949 (No. 98.). It has not ratified the Labour Relations (Public Service) Convention, 1978 (No. 151).

A. Previous examination of the case

1. 266. In its initial complaint the National Union of Teachers in Higher Education (SYNES) brought several allegations against the Government; refusal to recognize the SYNES; the banning of all trade union activities; creation of administrative difficulties and harassment of union members; failure to conduct an official investigation into the attempted assassination of the president of the SYNES.
2. 267. At its November 1993 Session, the Governing Body approved the following recommendations in the light of the Committee's interim conclusions:
   • (a) Noting with regret that the National Union of Teachers in Higher Education has still not been recognized as a legal entity, though it registered its request for recognition in June 1991, over two years ago, the Committee urgently requests the Government to recognize the right to teachers in higher education, be they public servants or contract employees, to form a union of their own choosing, without prior authorization, for the defence of their occupational interests and to modify the legislation and practice accordingly. It further requests the Government to ensure that the teachers in higher education are provided with premises for their union activities, and to keep it informed of any developments in this respect.
   • (b) The Committee requests the Government to repeal Act No. 68/LF/19 of 18 November 1968 which makes the legal existence of a trade union of public servants contingent upon the prior approval of the Minister of Territorial Administration and to repeal section 6(2) of Act No. 92/007 of 14 August 1992 promulgating the Labour Code, which stipulates that persons forming a trade union that has not yet been registered and who act as if the said union has been registered shall be liable to prosecution, and which is at variance with the provisions of Conventions Nos. 87 and 98. It requests the Government to communicate information on measures taken to this effect.
   • (c) The Committee requests the Government to send its observations on the allegations of the complainant union concerning the attempted killing of the president of its national executive committee in front of his residence, as well as concerning attacks, intimidation and pressure against the union's members.
   • (d) The Committee draws the attention of the Committee of Experts on the Application of Conventions and Recommendations to the legislative aspects of this case regarding Conventions Nos. 87 and 98.

B. Additional allegations

1. 268. In its communication of 2 March 1994, the SYNES indicates that its president, Mr. Jongwane Dipoko, has been arbitrarily suspended for two years. The grounds given in decision No. 68 of 23 December 1993 are the failure to carry out his professional duties during the 1991-92 examinations and incitement to revolt and insubordination vis-à-vis his university colleagues. What happened in fact is that Mr. Dipoko, as a union member, took part in the academic strike that was called to demand the payment of salaries owed to the teaching staff. As to the accusations of revolt and insubordination, this is a veiled allusion to his union activities as president and founder member of the SYNES, a movement that the authorities have been trying to put a stop to for three years.
2. 269. Regarding the form of the decision to suspend Mr. Dipoko, the SYNES points out that, considering that the Disciplinary Board met on 21 December 1993, it should by law (section 26 of the Teaching Staff Regulations, Decree No. 93/036 of 29 January 1993) have made any decision public within 16 calendar days, whereas the university authorities published the decision only on 28 February 1994, though antedated 23 December 1993. In a communication of 10 March 1994, the Confederation of Workers' Trade Unions of Cameroon endorsed the request submitted by the SYNES and its president that the suspension be revoked.
3. 270. In its communication of 18 April 1994, the SYNES states that the authorities have intensified their efforts to repress the Cameroon trade union movement. Many officials of the SYNES and of the Autonomous National Union for Secondary Education (SNAES) and several hundred union members are the victims of measures ranging from non-payment of salary to dismissal from the public service; these measures are in response to a general movement of protest following a drastic 40-60 per cent cut in salaries at the end of 1993. This wave of repression followed a preliminary agreement reached at a 10 March 1994 meeting at which the trade unions suspended their call for a general strike and the Government undertook to lift all previous sanctions without exception. The discussions were scheduled to continue from 21 March in committees that were set up for the purpose, but have still not resumed.
4. 271. Since the publication of the Committee's resolutions and recommendations concerning the SYNES' complaint, the authorities have allegedly shown no intention of amending the law on trade unions or putting a stop to anti-union repression. The very existence of SYNES is repeatedly challenged as it has not been granted any legal status.

C. The Committee's conclusions

1. 272. At its June 1994 meeting, the Committee had urged the Government once again to send the observations that had been requested earlier and had drawn its attention to the fact that, in accordance with the procedural rules set out in paragraph 17 of its 127th Report, approved by the Governing Body, it could present a report on the substance of the complaint, even if the Government's observations had not been received in due time (see 294th Report, para. 12, approved by the Governing Body at its 260th Session).
2. 273. The Committee deeply regrets that, in spite of the time that has elapsed since the substance of the complaint was examined and although it has been asked several times to send its comments and observations, and has even been sent an urgent appeal to that effect, the Government has not communicated to the Committee the observations that it requested in its interim decision and has not commented on the new allegations.
3. 274. In these circumstances, and in accordance with the relevant procedural rule (see para. 17 of the 127th Report of the Committee, approved by the Governing Body at its 184th Session), the Committee finds itself obliged, in the absence of the information that it hoped to receive from the Government, to submit a report on the substance of the matter.
4. 275. The Committee first of all reminds the Government that the purpose of the whole procedure instituted in the ILO to examine allegations concerning infringements of freedom of association is to promote respect for trade union rights in law and in fact. If this procedure protects governments against unreasonable accusations, governments on their side must recognize the importance for their credibility of formulating for its objective examination detailed replies to the charges put forward against them (see First Report of the Committee, para. 31).
5. 276. As regards the recognition of the National Union of Teachers in Higher Education, the Committee notes with regret that the SYNES has still not been recognized despite the fact that it submitted its by-laws over three years ago, on 11 June 1991. In this respect, the Committee refers to its previous conclusions (291st Report, paras. 537-551) and recalls that the very first trade union right, without which all other guarantees under Conventions Nos. 87 and 98 are meaningless, is the right of workers, without distinction whatsoever, to form organizations of their own choosing, without prior authorization from the public authorities. The Committee has consistently emphasized the importance it attaches to the fact that workers and employers should in practice be able to form and join organizations of their own choosing in full freedom (see, for example, Digest of decisions and principles of the Freedom of Association Committee, 3rd edition, 1985, para. 222). More recently, it recalled this fundamental principle in connection with a complaint presented by university professors (see Case No. 1547, Canada/British Columbia, 277th Report, paras. 99-114).
6. 277. Since in this case the conditions for ensuring that the basic guarantees of freedom of association are respected, as required by Convention No. 87 ratified by Cameroon, exist neither de jure nor de facto, the Committee once again urges the Government to take the necessary steps as soon as possible to enable teachers in higher education to establish and to join the organization of their choice. It further invites the Government to guarantee them the use of premises to conduct their activities. The Committee requests the Government to keep it informed of any steps taken in this respect.
7. 278. As regards the system of prior authorization for unions to acquire legal status and the provisions whereby legal proceedings can in certain cases be taken against the sponsors of a non-registered trade union, the Committee refers to its previous conclusions and again calls upon the Government to repeal Act No. 68/LFK/19 of 18 November 1968 as soon as possible, together with section 6(2) of Act No. 92/007 of 14 August 1992 promulgating the Labour Code. It requests the Government to inform it of any measures taken to this effect.
8. 279. The Committee notes once again with regret that the Government has still not responded to the allegations concerning the attempted assassination of the president of the executive committee of the SYNES, as well as the attacks, acts of intimidation and pressure against the union's members. Recalling that freedom of association can exist only in a climate devoid of violence and fear and that an independent judicial inquiry is particularly well suited to establishing the facts, determining responsibilities, punishing the guilty and preventing a repetition of such events, the Committee again requests the Government to inform it of any steps taken in this respect.
9. 280. As to the new allegations, the Committee once again regrets that it has not received any observations or comments from the Government so as to be able to conduct an objective examination of the new developments in the case since its previous decision. This silence on the part of the Government is especially regrettable because the allegations are particularly serious, i.e. a two-year ban on any teaching or research activities for what, on available evidence, are legitimate trade union activities. The nature of the acts of which Mr. Jongwane Dipoko is accused, the fact that they coincide with his suspension and the doubts as to the validity of the decision to suspend him led the Committee to conclude that there is indeed anti-union discrimination.
10. 281. As the Committee has often emphasized, important though it is that workers should be protected against such acts, it is even more desirable in the case of trade union officials who must be assured that they will not suffer on account of the mandate they hold from their trade union, so that they can perform their duties in full independence (see Digest, ibid., paras. 556-566). In the light of all these circumstances, the Committee urges the Government to take the necessary steps to have the decision to suspend Mr. Dipoko rapidly reversed and to reinstate him in his functions with compensation for the prejudice suffered. It requests the Government to keep it informed of any steps taken in this respect.
11. 282. Regarding the other additional allegations, the Committee notes that they confirm that the authorities have still not implemented the recommendations regarding the recognition of the SYNES and that the harassment and pressure against the union is continuing. The Committee reiterates its earlier conclusions and recommendations in this respect and urges the Government to take concrete steps to ensure that the SYNES' legal status is rapidly recognized and that it can carry out its activities freely.