Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Forced Labour Convention, 1930 (No. 29) - Cameroon (Ratification: 1960)

Article 2(2)(c) of the Convention. Hiring of prison labour to private entities. For many years, the Committee has been referring to Decree No. 92-052 of 27 March 1992 issuing the prison regulations, which authorizes the hiring of prison labour to private enterprises and individuals (sections 51–56), and to Order No. 213/A/MINAT/DAPEN of 28 July 1988, which establishes a number of conditions concerning the use of prison labour and fixes the rates for their hiring. Noting that neither of these texts requires the formal and informed consent of the prisoners who are to be hired to private enterprises and/or individuals, the Committee previously requested the Government to take the necessary measures to supplement the legislation through the inclusion of the requirement for the consent of prisoners working for private entities.

The Committee notes the Government’s indication in its latest report that the Ministry of Territorial Administration and Decentralization is undertaking the revision of the implementing texts of the Decree issuing the prison regulations so as to establish the requirement for the formal, free and informed consent of prisoners for any work performed for private enterprises and to ensure them conditions of work approximating those of a free labour relationship.

In this respect, the Committee notes that, in its comments on the application of the Convention received on 31 October 2011, the Confederation of United Workers of Cameroon (CTUC) refers to the evasive nature of the Government’s reply in relation to the date of adoption of the implementing texts and emphasizes the importance of taking urgent measures in this regard with a view to giving effect to the provisions of the Convention.

The Committee recalls that, in a setting of captivity, it is necessary to obtain the free, formal and informed consent of prisoners for work in cases where such work is performed for private individuals, enterprises or associations. The Committee further considers that certain factors are required in order to authenticate or confirm the giving of such consent, and that the most reliable indicator of the voluntary nature of labour is that the work is performed under conditions which approximate to a free labour relationship. The Committee trusts that, as it has undertaken to do, the Government will take the necessary measures to adopt the implementing texts of the Decree of 1992 issuing the prison regulations, and that these texts will establish the explicit requirement that free, formal and informed consent is to be given by convicts for work for private entities, and that they benefit from conditions of labour which approximate a free labour relationship in terms of wages, hours of work and occupational safety and health. In this regard, the Committee draws the Government’s attention to the possibility of availing itself of ILO technical assistance.

The Committee is raising other points in a request addressed directly to the Government.