Suites données aux recommandations du comité et du Conseil d’administration - Rapport No. 370, Octobre 2013

Effect given to the recommendations of the Committee and the Governing Body

1. 22. At its last examination of this case, during its November 2012 meeting [see 365th Report, paras 302–314], the Committee requested the Government to provide information about the recommendations of the ad hoc committee that was set up once the dialogue between the Ministry of Labour and Social Security and the Confederation of Public Sector Unions (CSP) had been resumed. The Committee also requested information about the situation of the seven union members who were arrested during the sit-in on 11 November 2010, whose case had been referred to the Court of First Instance of Mfoundi (Yaoundé administrative section), in particular, all judicial decisions issued in the case, and about any inquiry into allegations concerning the violent intervention of law enforcement officers against striking trade unionists and concerning the conditions under which the union officials were detained and the ill-treatment they suffered. Lastly, the Committee requested the Government to keep it informed of any developments concerning the adoption of the single Act on trade unions.
2. 23. In a communication dated 23 January 2013, the Government states that the ad hoc committee has been set up and that any recommendations it makes on CSP’s demands will be transmitted to the Committee in due course. In a communication dated 26 February 2013, the Government transmits a document tracking the follow-up to CSP’s demands, and states the Government’s position on matters pertaining to the case. As for recognition of CSP’s existence, the Government states that this still falls within the authority of the Ministry of Territorial Administration and Decentralization, pending the adoption of the Act on trade unions. As for the situation of the seven striking workers who were arrested, the Ministry of Labour and Social Security transmitted a letter to the Ministry of Justice for which a response is still pending. As for the allegations of violent police intervention against the striking trade unionists, the Government states that the courts work transparently and independently. Lastly, the Government states that the Ministry of Labour and Social Security is examining the observations on the draft bill on trade unions which it has received from the unions, but that it has not yet received the observations of the Ministry of Public Service and Administrative Reforms.
3. 24. The Committee notes the information provided by the Government. While it is the Committee’s understanding that CSP is recognized in practice and appears to exercise its freedom of association rights, its legal existence is still contingent on a decision of the Ministry of Territorial Administration and Decentralization. The Committee regrets that more than a year after its previous recommendations, it appears that CSP’s legal existence has not yet been recognized by the public authorities. The Committee recalls that the organization was founded in 2000, and urges the Government to take all necessary measures to grant CSP legal existence in order to enable it to represent its members and exercise all attendant rights.
4. 25. Furthermore, the Committee notes with concern that no concrete information has been provided in relation to subsequent judicial action in the case of the seven trade unionists who were arrested in November 2010, or on any action taken in relation to the allegations of police violence and ill-treatment in detention. The Committee notes that the reported incidents and the ongoing proceedings date back almost three years, and reminds the Government of the importance it attaches to judicial proceedings being concluded expeditiously, as justice delayed is justice denied. [See Digest of decisions and principles of the Freedom of Association Committee, fifth (revised) edition, 2006, para. 104]. Furthermore, excessive delays in the proceedings may have an intimidating effect on the union officials concerned, thus having repercussions on the exercise of their activities. The Committee expects the Government to report without delay on the judicial decisions issued in relation to the seven trade unionists who were arrested and prosecuted following a sit-in in November 2010 (Mr Jean-Marc Bikoko, President of CSP; Mr Maurice Phouet Foé, General Secretary of SNAEF; Mr Thobie Mbassi Ondoa, Director-General of FECASE; Mr Eric Nla’a, Accountant of CSP; Mr Joseph Ze, General Secretary of SNUIPEN; Mr Charles Felein Clause, a member of SNUIPEN; and Mr Effoa Nkili, a member of SNUIPEN) and on all enquiries made into the allegations of police violence and ill-treatment in detention.
5. 26. Finally, the Committee requests the Government to expedite action on the single Act on trade unions so that it may be adopted in the near future, in full conformity with Conventions Nos 87 and 98, and requests the Government to keep it informed of the progress made in this regard.