Rapport où le comité demande à être informé de l’évolution de la situation - Rapport No. 370, Octobre 2013

1. 169. The complaint is contained in a communication from the Confederation of Autonomous Trade Unions of Cameroon (CSAC) dated 23 May 2012.
2. 170. The Government sent its observations in a communication dated 3 June 2013.
3. 171. Cameroon has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), and the Workers’ Representatives Convention, 1971 (No. 135).

A. The complainant’s allegations

1. 172. In a communication dated 23 May 2012, the CSAC denounces the interference of the authorities in its operation and in the management of its activities since July 2011.
2. 173. The complainant organization indicates that at that time, as the mandate of the confederation office of the organization, elected in December 2005, was coming to an end, the Secretary-General had requested the President of the confederation to convene an executive board meeting to prepare the sittings of the National Council and of the Congress, in accordance with the organization’s statutes and internal regulations. However, according to the complainant organization, a dissident group made up of seven members of the executive board, out of the total of 74 members, supported by the Government, organized an alternative congress in the city of Limbe, in the south-west of Cameroon, on 23 July 2011. The Congress was opened by representatives of the sub-prefect of Limbe and the representative of the regional delegation of the Ministry of Labour for the south-west. At the end of its work, a so-called National Board of the CSAC was established and set up by the representative of the regional delegation of the Ministry of Labour for the south west.
3. 174. The complainant organization indicates that, from 26 July 2011, the Secretary-General of the outgoing executive board addressed two letters to the Ministry of Labour and to the clerk of the trade unions, respectively, notifying them of the anomalies contained in the documents resulting from the meeting in Limbe, and, in particular, of the absence of a quorum to approve the meeting, the inflation of the number of participants and the presence of delegates of professional organizations that were not registered with the CSAC.
4. 175. According to the complainant, the majority of organizations affiliated to the CSAC condemned the work of the dissident congress in Limbe and requested that a second ordinary CSAC Congress be urgently convened in accordance with the mandatory and regulatory provisions in force. This ordinary congress was held from 23 to 24 September 2011 in Yaoundé, with the participation of a large majority of the organization’s delegates. The work of the congress led to the democratic election of a new national executive board, and the acts adopted by the congress were communicated to the authorities for the record.
5. 176. The complainant denounces the fact that, despite these procedures, the CSAC has since been excluded from all official activities and events, and from all bargaining structures involving the participation of trade union organizations. According to the complainant, the authorities were thereby making every attempt to impose the organizers of the Limbe meeting on the management of the CSAC. The complainant organization states that its letters of February and March 2012, in particular, denounced the complicity of the Secretary-General of the Ministry of Labour – who is also the trade unions’ clerk – in attempting to destabilize the CSAC.
6. 177. According to the complainant organization, on 18 April 2012, the new Minister of Labour summoned the national President of the CSAC from the Yaoundé Congress, and the confederation President from the Limbe Congress, giving them 15 days, renewable once, in which to resolve any differences and present a united front. Although this goes against the provisions of Article 3 of Convention No. 87, the group from the Yaoundé Congress made unsuccessful attempts to reconcile itself with the dissident party with a view to holding a united congress. However, at the same time, the Government decided to appoint the Secretary-General elected by the dissident Limbe Congress, Mr Pierre Louis Mouangue, as representative of the CSAC to the delegation of workers’ representatives to the 101st Session of the International Labour Conference (ILC). The complainant organization is surprised by the Government’s decision and condemns an appointment which it considers to be an act of partisan interference, when only a few days earlier the organization had received a letter from the Ministry of Labour and Social Security inviting it to take part in a meeting in preparation for Labour Day.
7. 178. In conclusion, the complainant organization denounces the clear violation of the provisions under Conventions Nos 87 and 98 and requests that the Government be condemned for yet another example of interference in the internal affairs of a trade union organization.

B. The Government’s reply

1. 179. In its communication of 3 June 2013, the Government refers to the provisions of article 5, of the first chapter of the Labour Code, which forbid all act of interference in trade union activities, declaring that it abides by those provision and that the allegations presented by the complainant organization, through Mr Louis Sombes, are therefore unfounded.
2. 180. The Government declares that the management of the CSAC has been undergoing a crisis since 2010. The first crisis causing the organization’s split into two factions set the President of the organization, Mr Verwesse, up against the Secretary-General, Mr Sombes, who signed the complaint currently before the committee and who had been elected as President. In light of the continuation of this crisis, in April 2012, the Ministry of Labour and Social Security summoned both factions to request them to settle their difference within a period of 15 days, renewable once. In the event of their failure to do this, the Ministry of Labour would suspend its collaboration with the CSAC. According to the Government, in general, the Ministry of Labour and Social Security has carried out a series of consultations to resolve differences within the management of trade union organizations subject to the suspension of its collaboration with the organizations in question. The Government adds that, since the death of Mr Verwesse, the CSAC has undergone a second crisis since both the Vice-President (Ms Assango) and the Secretary-General (Mr Mouangue) from Mr Verwesse’s faction have claimed the presidency of the CSAC, as Mr Sombes has done on behalf of his own faction.
3. 181. As regards the appointment of a representative of the CSAC to the 101st Session of the ILC, the Government refers to the reply that it gave the Credentials Committee following a complaint from the CSAC at the 102nd Session of the ILC. In its reply, the Government indicates that it has suspended all collaboration with the CSAC following the organization’s split into two factions and that it decided not to invite the organization to participate in the 102nd Session of the ILC. The Government specifies that the Workers’ and Employers’ delegates that participated in the ILC were appointed by their respective groups through separate consultations.
4. 182. Lastly, the Government rejects the complainant’s allegations regarding its exclusion from official activities and collective bargaining forums. In this regard, the Government confirms that the CSAC did take part in the organization of Labour Day. The Government adds that the representatives of the CSAC are still members of various joint commissions responsible for the negotiation of national conventions in sectors such as trade, processing industries, forestry, etc.

C. The Committee’s conclusions

1. 183. The Committee notes that this case refers to the alleged interference of the authorities in the internal management of a trade union organization as well as their support of a dissident faction, resulting in the exclusion of the organization in question from collective bargaining forums.
2. 184. The Committee notes the CSAC’s indication that, as the mandate of the executive board of the organization, elected in December 2005, was coming to an end, the Secretary-General requested the President of the confederation to convene a meeting of the executive board to prepare the sittings of the National Council and of the Congress, in accordance with the organization’s statutes and internal regulations. However, according to the complainant, a dissident group made up of seven members of the executive, out of a total of 74 members, organized an alternative congress in the city of Limbe, in south-west Cameroon, on 23 July 2011. At the end of its work, a so-called National Board of the CSAC was established and set up by the representative of the regional delegation of the Ministry of Labour for the south-west. The complainant organization allegedly denounced the Limbe Congress before the Ministry of Labour and Social Security, indicating a number of anomalies, in particular, the absence of a quorum to approve the meeting, the inflation of the number of participants and the presence of delegates from professional organizations that were not registered with the CSAC.
3. 185. The Committee notes that the complainant indicates that the majority of the organizations affiliated to the CSAC condemned the work of the dissident congress in Limbe and requested a second ordinary CSAC Congress, which was eventually held on 23 to 24 September 2011 in Yaoundé, with the participation of a large majority of the organization’s delegates. The work of the congress led to the election of a new executive board, and the acts adopted were communicated to the authorities.
4. 186. The Committee notes that the complainant indicates that on 18 April 2012, the newly appointed Minister of Labour summoned the President of the CSAC from the Yaoundé Congress, and the President elected by the Limbe Congress to give them 15 days, renewable once, in which to resolve any differences and present a united front. According to the complainant, although this goes against the provisions of Article 3 of Convention No. 87, the group from the Yaoundé Congress made unsuccessful attempts to reconcile itself with the dissident party in order to hold a united congress.
5. 187. The Committee notes that, for its part, the Government states that the CSAC executive has been undergoing a power crisis since 2010. According to the Government, the first crisis causing the organization’s split into two factions set the President of the organization, Mr Verwesse, up against the Secretary-General, Mr Sombes, who signed the complaint currently before the Committee and who had been elected as President. In light of the continuation of the crisis, in April 2012 the Ministry of Labour and Social Security summoned both the factions to request them to settle their differences within a period of 15 days, renewable once. In the event of their failure to do this, the Ministry of Labour would suspend its collaboration with the CSAC. According to the Government, in general, the Ministry of Labour and Social Security has carried out a series of consultations to resolve differences within the management of trade union organizations subject to the suspension of its collaboration with the organizations in question. The Committee moreover notes that, according to the Government, since the death of Mr Verwesse, the CSAC has undergone a second crisis since both the Vice-President (Ms Assango) and the Secretary-General (Mr Mouangue) from Mr Verwesse’s faction have claimed the presidency of the CSAC, as Mr Sombes has done in his own faction.
6. 188. Firstly, the Committee recalls that conflicts within a trade union should be resolved by its members and that a matter involving no dispute between the Government and the trade unions, but which involves a conflict within the trade union movement itself, is the sole responsibility of the parties themselves. In the case of internal dissension within one and the same trade union federation, by virtue of Article 3 of Convention No. 87, the only obligation of the Government is to refrain from any interference which would restrict the right of the workers’ and employers’ organizations to draw up their constitutions and rules, to elect their representatives in full freedom, to organize their administration and activities and to formulate their programmes, and to refrain from any interference which would impede the lawful exercise of that right [see Digest of decisions and principles of the Freedom of Association Committee, fifth (revised) edition, 2006, paras 1113 and 1117]. Taking note of the difficulties expressed by the Government regarding the dispute within the CSAC and welcoming its will to clarify the situation of the trade union movement in the country, the Committee however observes that some of the facts presented and not contested by the Government, such as the presence of representatives of the Ministry of Labour at the Congress in Limbe or the appointment of a faction of the organization to the 101st Session of the ILC, could be interpreted as a lack of neutrality on behalf of the authorities. As a result, the Committee is obliged to request the Government to show restraint in this case, and in particular to abstain from all actions in favour or against one of the factions of the CSAC, which could be perceived as a form of interference.
7. 189. The Committee notes that, according to an order of December 2011 of the Ministry of Labour and Social Security establishing the national classification of trade union confederations arising from the elections of the staff delegates organized from 1 February to 30 April 2011, the Ministry recorded the CSAC in second position with 12.84 per cent of the votes. The Committee wishes to remind the Government of the importance, for the preservation of a country’s social harmony, of regular consultations with employers’ and workers’ representatives, and that such consultations should involve the whole trade union movement. The Committee also considers it useful to refer to the Consultation (Industrial and National Levels) Recommendation, 1960 (No. 113), which in Paragraph 1 provides that measures should be taken to promote effective consultation and cooperation between public authorities and employers’ and workers’ organizations without discrimination of any kind against these organizations. Under Paragraph 5 of the Recommendation, such consultation should aim at ensuring that the competent public authorities seek the views, advice and assistance of employers’ and workers’ organizations in an appropriate manner, especially in respect of the preparation and implementation of laws and regulations affecting their interests [see Digest, op. cit., paras 1065 and 1068].
8. 190. The Committee notes that, according to the complainant, despite the proceedings it has undertaken before the authorities and its warnings, it now finds itself excluded from all official activities and events, and from collective bargaining forums on the issue of the divergence in the union’s leadership. The Government confirms that it has ended all collaboration with the CSAC following its second leadership crisis but adds that the representatives of the CSAC are still members of a number of joint commissions responsible for negotiating national collective agreements in sectors such as trade, processing industries, forestry, etc. Noting that the Government confirms that it has ended all collaboration with the CSAC until an uncontested and legitimate representation has been re-established, the Committee wishes to remind it that, by according favourable or unfavourable treatment to a given organization as compared with others, a government may be able to influence the choice of workers as to the organization they intend to join [see Digest, op. cit., para. 340]. The Committee moreover considers that suspending its collaboration with a trade union organization is not likely to ensure peaceful industrial relations.
9. 191. The Committee therefore urges the Government to promote dialogue and consultations on matters of common interest between the public authorities and the most representative sectoral and national professional organizations, ensuring regular consultations with the whole trade union movement, including the CSAC.
10. 192. Regarding the differences within the CSAC, the Committee recalls that in the case of conflicts within a trade union it has always maintained that judicial intervention would permit the clarification of the situation from a legal point of view for the purpose of settling questions concerning the management and representation of the trade union concerned. Another possible means of settlement would be to appoint an independent arbitrator to be agreed on by the parties concerned, to seek a joint solution to existing problems and, if necessary, to hold new elections. In either case, the Government should recognize the leaders designated as the legitimate representatives of the organization [see Digest, op. cit., para. 1124]. Therefore, the Committee invites the complainant to seek the appropriate avenues to overcome its internal differences and to clarify the situation of its legitimate representation and to keep it informed in this regard.
11. 193. Lastly, as regards the appointment of a delegate to represent the CSAC at the ILC, while it recalls that the question of representation at the Conference falls within the purview of the Conference Credentials Committee, the Committee recalls the special importance it attaches to the right of workers’ and employers’ representatives to attend and to participate in meetings of international workers’ and employers’ organizations and of the ILO [see Digest, op. cit., para. 766].