Rapport définitif - Rapport No. 403, Juin 2023

1. 160. The complaint is contained in a communication dated 23 May 2022 submitted by the Confederation of Public Service Unions (CSP) on behalf of the trade union action platform the Cameroon Workers’ Forum (CAWOF).
2. 161. The Government sent its observations in a communication dated 22 June 2022.
3. 162. Cameroon has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. The complainant’s allegations

1. 163. In its communication of 23 May 2022, the complainant organization indicates that in February 2022 the Cameroon trade union movement established a trade union unified action platform called the Cameroon Workers’ Forum (CAWOF), made up of eight of the twelve confederations operating in Cameroon today, namely: the CSP, also focal point and coordinator; the Cameroon Workers’ Trade Union Confederation (CSTC); the Confederation of Autonomous Trade Unions of Cameroon (CSAC); the Cameroon Confederation of Free Trade Unions (USLC); the Cameroon National Trade Union Confederation Workers’ Alliance (ENTENTE); the Cameroonian Confederation of Labour (CCT); the Cameroon United Workers Confederation (CTUC); and the Confederation of Cameroon Workers Trade Unions (CCWTU).
2. 164. The complainant organization alleges that on 1 May 2022, the CAWOF was faced with police deployed to prevent the organization of a rally on the occasion of the Labour Day celebration at the headquarters of the CSP, although the activity had been registered prior to the stipulated deadline, in accordance with article 3 of Act No. 90/55 of 19/12/1990 of the Act regulating public meetings and demonstrations. The CSP alleges that the headquarters of the organization was surrounded from 6 a.m. onwards by approximately 50 heavily armed police officers, preventing its president from reaching his office and prohibiting the activists from approaching the headquarters of the organization. The CSP also denounces a "manhunt" of the journalists and photographers who had come to cover the event.
3. 165. The complainant organization indicates that in response to this provocation the activists from the member confederations of the CAWOF, who had turned out en masse for the occasion, decided to "oppose the administrative illegality, the republican legality" by way of a mobilization punctuated by songs and other actions of resistance, which eventually led to the police backing down and lifting the siege at about midday. It was only after their departure that the various activities scheduled could finally be held.
4. 166. The complainant organization alleges that the authorities used the pretext of health restrictions associated with the COVID-19 pandemic to stop the demonstration being organized. According to the CSP, this is a misleading argument as other large gatherings were regularly authorized during the same period, starting with the Africa Cup of Nations in January 2022, the youth festival held on 11 February 2022 across the country, International Women’s Day celebrated on 8 March 2022 across the country without restriction, and the National Day, celebrated on 20 May 2022 in the presence of the head of State and in all administrative regions of the country.
5. 167. The complainant organization considers that the danger of COVID-19 is apparently only present for workers and trade union organizations in Cameroon, as it was only invoked on the occasion of the Labour Day celebrations to prevent any denunciation of abuse of authority and other rights violations experienced by workers in the country

B. The Government’s reply

1. 168. In its communication dated 22 June 2022, the Government indicates that during the preparations for the celebration of the 136th edition of Labour Day on 1 May 2022, prior tripartite consultations were held under the authority of the Minister of Labour and Social Security, following which it was decided that the workers’ march could not take place owing to the health situation associated with the COVID-19 pandemic.
2. 169. The Government states that the final format of the Labour Day celebrations was brought to the attention of the social partners and covered a variety of activities, including the establishment of occupational safety and health committees, a webinar on occupational health with the participation of the social partners, a tripartite live chat with the participation of the Minister of Labour and Social Security, a visit by the Minister to the headquarters of the trade union organizations located in Yaoundé, and a dinner discussion with trade union officials on the theme chosen for Labour Day, namely: "World of Work: Fight against COVID-19, protection of jobs and productivity".
3. 170. The Government states that it is in this context that the CSP, acting on behalf of the CAWOF, submitted a notification of a public demonstration to be held on 1 May 2022 to the competent administrative authority, in which it was specified that it was to be held in the courtyard of the CSP headquarters. However, according to the Government, during the examination of this request it became clear that the CSP, disregarding the conclusions of the prior tripartite consultations, intended instead to organize demonstrations on the main thoroughfare of the district concerned and not in the courtyard of the CSP headquarters as indicated in the correspondence sent to the administrative authority. On this basis, the authority informed the CSP of its inability to issue a receipt of notification for 1 May 2022.
4. 171. The Government indicates that the organizers deliberately decided to occupy the public street. Consequently, in order to maintain public order, the competent administrative authority took steps on the one hand to ensure the smooth flow of traffic on this important city thoroughfare and on the other to ensure the smooth running of this street rally.
5. 172. The Government also indicates that "despite this temporary situation", the activities planned for 1 May 2022 proceeded according to plan. Thus, the Minister of Labour and Social Security visited the headquarters of the trade union confederations, including that of the CSP, where he was warmly welcomed by the trade union officials and workers gathered for the celebration. According to the Government, no trade union organization headquarters were blocked on 1 May 2022, no clashes with police were recorded, and no arrests were made. Finally, the Government notes that no legal action has been initiated by officials from the organizations concerned to challenge the administrative action taken in this case. The Government considers that the facts presented by the CSP are biased and that the allegations are fantastical.

C. The Committee’s conclusions

1. 173. The Committee observes that the present case relates to allegations concerning the prohibition of a public demonstration on the occasion of the 1 May 2022 celebration due to the health situation associated with the COVID-19 pandemic, and the inappropriate deployment of police at the site of the rally planned for that day by the CSP.
2. 174. The Committee notes that, according to the CSP, police were deployed on 1 May 2022 to prevent the organization of a rally on the occasion of the Labour Day celebration at the headquarters of the CSP, although the activity had been registered prior to the stipulated deadline, in accordance with prevailing legislation. The Committee observes that the CSP alleges in this regard that the headquarters of the organization was surrounded from very early in the morning by approximately 50 heavily armed police officers, preventing its president from reaching his office and prohibiting the activists from approaching the headquarters of the organization. The Committee notes that the complainant organization also denounces a "manhunt" of the journalists and photographers who had come to cover the event.
3. 175. The Committee notes that the Government denies all the allegations presented, which it describes as "fantastical", indicating that: (i) the trade union organizations were duly informed of the format decided for the celebration of 1 May 2022 in view of the health crisis and that prior tripartite consultations had been held under the authority of the Minister of Labour and Social Security for this purpose; (ii) in this context, the CSP submitted a notification of a public demonstration to be held on 1 May 2022 to the competent administrative authority, in which it was specified that the demonstration was to be held in the courtyard of the CSP headquarters. However, during the examination of this request, it became clear that the CSP, disregarding the conclusions of the prior tripartite consultations, intended instead to organize demonstrations on the main thoroughfare of the district concerned and not in the courtyard of the CSP headquarters as indicated in the correspondence sent to the administrative authority, which led the authority to inform the CSP of its inability to issue a receipt of notification for 1 May 2022; (iii) as the organizers had deliberately decided to occupy the public street, the police were deployed to ensure the smooth flow of traffic on the thoroughfare in question and to maintain public order; (iv) the activities planned for 1 May 2022 then proceeded normally in accordance with the format decided. The Minister of Labour and Social Security visited the headquarters of the trade union confederations, including that of the CSP, where he was warmly welcomed by trade union officials and workers gathered for the celebration; (v) no trade union organization headquarters were blocked on 1 May 2022 in Cameroon, no clashes with police were recorded, no arrests were made, and no legal action has been initiated by officials from the organizations concerned to challenge the administrative action taken in this case.
4. 176. The Committee notes the information provided by the Government concerning the refusal by the competent authority to authorize the gathering of CAWOF activists at the initiative of the CSP, due to the health situation and the measures taken in that regard. The Committee observes that, according to the Government, the trade union organizations agreed to the exceptional format planned for the celebration of 1 May 2022, while the information provided by the complainant, as the subject of the complaint itself, gives the impression that at the very least there was a misunderstanding between the parties regarding what had been agreed. The Committee observes that, according to the documents brought to its attention: (i) the request by the CSP sent to the competent authority on behalf of the CAWOF specifies that the public demonstration was to be held at the headquarters of the organization; (ii) the competent authority replied indicating that it was not in a position to issue the receipt of notification of the demonstration, as the festivities to mark the day had to be organized in small committees owing to the health situation and in accordance with the outcome of the consultations; and (iii) the Government, in its communication of 22 June 2022, states that the CSP was in fact planning to occupy the public street, but does not provide any evidence to substantiate this claim. The Committee also observes that the CSP and the CAWOF that it represents intended to go ahead with the public demonstration, with it not being possible to establish whether or not the intention was to occupy the public street.
5. 177. The Committee notes that, while the reasons for the prohibition of the public demonstration related to COVID-19, as stressed by the Government, according to the CSP’s allegations, to which the Government has not responded, restrictive measures of this kind were not taken on the occasion of other large gatherings, namely the Africa Cup of Nations (January 2022), the youth festival (11 February 2022), International Women’s Day (8 March 2022), and the National Day (20 May 2022).
6. 178. While noting the diverging versions of events presented by the Government and the complainant organization regarding the health situation, and considering that it is not for the Committee to evaluate the restrictions associated with the pandemic, the Committee recalls that the right to organize public meetings and processions, particularly on the occasion of May Day, constitutes an important aspect of trade union rights [see Compilation of decisions of the Committee on Freedom of Association, sixth edition, 2018, para. 212].
7. 179. While duly noting the measures to impose limitations on the holding of public meetings, which, according to the Government, were accepted by the trade unions, the Committee recalls that these restrictions should fulfil strict criteria, satisfy the principles of necessity and proportionality, and be assessed on a case-by-case basis. The Committee regrets in this regard that the Government did not hold discussions with the CSP following its request to organize a public demonstration on 1 May 2022 in a manner that both respects the measures taken to ensure public order and takes into account the importance of organizing public meetings on May Day as a traditional form of trade union action.
8. 180. With regard to the allegations concerning the deployment of police at CSP premises, and while noting the contradictory nature of the information brought to its attention, the Committee wishes to recall that the authorities should resort to the use of force only in situations where law and order is seriously threatened. The intervention of the forces of order should be in due proportion to the danger to law and order that the authorities are attempting to control and governments should take measures to ensure that the competent authorities receive adequate instructions so as to eliminate the danger entailed by the use of excessive violence when controlling demonstrations which might result in a disturbance of the peace. [see Compilation, para. 217.] The Committee also wishes to recall that a free and independent trade union movement can only develop in a climate free of violence, threats and pressure, and it is for the Government to guarantee that trade union rights can develop normally. [see Compilation, para. 87.]
9. 181. Finally, regarding the allegations of a "manhunt" of journalists and photographers, the Committee observes that the complainant does not provide any evidence in support of such allegations. In view of these circumstances, the Committee will not pursue its examination of this matter.
10. 182. In light of the above, the Committee invites the Government to take the necessary measures to ensure that workers’ organizations can in future freely organize the meetings they wish to celebrate Labour Day, while respecting the measures taken to ensure public order.