Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Placing of Seamen Convention, 1920 (No. 9) - Cameroon (Ratification: 1970)

The Committee notes the information provided by the Government in reply to its previous comments relating to the application of Article 5 of the Convention. In particular, it notes the establishment of a joint mixed commission to draw up and negotiate the national collective agreement for the maritime sector in Cameroon. The Committee would be grateful if the Government would provide additional information in its next report on the following points.

Article 2, paragraph 2. Penal sanctions. In its previous comments, the Committee recalled the requirements set out in the Convention that the law of each country shall provide for penal sanctions for any violation of the provisions of the Convention. The Government indicates that it has noted these requirements, without, however, providing information on the measures adopted to give effect to them. The Committee therefore once again requests the Government to indicate the penal sanctions applicable in the event of violations of the provisions of the Community Merchant Shipping Code relating to the placing of seafarers.

Article 3. Exceptions. The Government emphasizes in its report that it could not refuse to authorize the placement of seafarers by an enterprise engaged in the training of seafarers, which applies for such authorization in accordance with the conditions established by Decree No. 93/570 of 15 July 1993 determining the arrangements for the placement of workers. It reiterates the existence of the National Employment Fund and the decentralized services of the Ministry of Employment and Vocational Training, which are responsible for the placement of workers free of charge and which offer an alternative to the fee-paying placement of seafarers. However, the co-existence of public employment services free of charge and of fee-paying placement agencies for seafarers does not suffice to ensure compliance with the Convention, since the latter expressly prohibits the placement of seafarers for pecuniary gain, without any exceptions. The Committee notes that the Government has taken note of its previous comments. It requests the Government to indicate the measures envisaged or adopted to separate training activities from those of placement, which cannot be carried out on a profit‑making basis.

The Committee welcomes the Central African Economic and Monetary Community (CEMAC) Subregional Workshop on the Maritime Labour Convention, 2006 (MLC, 2006), organized by the Government in Douala from 30 May to 2 April 2009, which provided an opportunity for Cameroon to obtain further information on this instrument. It invites the Government to envisage ratifying the MLC, 2006, following which the existence of profit-making recruitment and placement agencies would be allowed under the conditions established in its Title 1.4. The Committee would be grateful if the Government would provide information in its next report on any consultations held to this end.