Report in which the committee requests to be kept informed of development - Report No 365, November 2012

Case No 2812 (Cameroon) - Complaint date: 06-JUL-10 - Closed

Allegations: The complainant organization denounces the violent suppression of a peaceful strike by law enforcement officials; the arrest of trade union officials; the authorities’ refusal to recognize the trade union’s existence; and the occupation of its premises by law enforcement officers to prevent it from holding May Day celebrations

1. 302. The Committee last examined the substance of this case at its November 2011 meeting and adopted an interim report approved by the Governing Body at its 312th Session [see 362nd Report, paras 358–399].
2. 303. The Government sent partial information in a communication dated 23 July 2012.
3. 304. 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. Previous examination of the case

1. 305. In its previous examination of the case in November 2011, the Committee made the following recommendations [see 362nd Report, para. 399]:
   • (a) The Committee urges the Government, in consultation with the most representative organizations of workers and employers, to accelerate the process of legislative reform while guaranteeing full respect for the principles of freedom of association of public servants, and expects that, in the near future, the CSP will be able to lawfully represent its members and exercise all attendant rights. The Committee urges the Government to keep it informed of any developments concerning this process of reform and to inform it of the practical measures taken in this regard as soon as possible. The Committee invites the Government to avail itself of the technical assistance of the Office in this respect.
   • (b) Observing that the Government has not duly respected the right to demonstrate as a way of celebrating May Day, the Committee requests the Government to ensure that, in the future, those principles are fully respected and expects the new legislation to guarantee full respect for those principles.
   • (c) The Committee requests the Government to respect trade union demonstrations and to ensure that this type of demonstration can take place in the future. Noting that the case involving the seven union members who were arrested during the sit-in that took place on 11 November 2010 is still pending before the Court of First Instance of Mfoundi, the Committee expects the case to be settled swiftly. It requests the Government to keep it informed in this regard and to provide it with a copy of all relevant legal decisions. As regards the allegations concerning the violent intervention of law enforcement officers during the demonstrations, the Committee requests the Government to conduct an inquiry into this allegation and to issue instructions in order to prevent such actions from reoccurring.
   • (d) As regards the conditions in which the union members were detained and the CSP’s allegation of ill-treatment, the Committee requests the Government to indicate whether an independent inquiry has been conducted in order to clarify the facts, determine responsibility, punish those responsible and prevent the repetition of such acts.
   • (e) While it recalls that the question of representation at the Conference falls within the purview of the Conference Credentials Committee, the Committee has reiterated 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. The Committee expects the Government to consult the CSP on issues concerning the interests of its members and urges the Government to send its observations in this regard.

B. The Government’s reply

1. 306. In a communication dated 23 July 2012, the Government states that the Ministry of Labour and Social Security has renewed dialogue with the Confederation of Public Sector Unions of Cameroon (CSP), and that an ad hoc committee had been set up to examine and find a solution to all the organization’s rational demands. The Government further indicates that all strong recommendations made by this ad hoc Committee will be communicated.
2. 307. Furthermore, the Government reports that the Ministry of Labour and Social Security is at present drafting a single Act on trade unions, in accordance with section 4 of Act No. 90/053 of 19 December 1990 on freedom of association.

C. The Committee’s conclusions

1. 308. The Committee recalls that this case refers to allegations concerning the violent suppression of a peaceful strike by law enforcement officers, the arrest of union officials, the authorities’ refusal to recognize the existence of the complainant organization, the CSP, as well as the occupation of its premises by law enforcement officers to prevent it from celebrating May Day.
2. 309. The Committee recalls that, according to the complainant organization, as soon as it had been freely established in 2000, it proceeded to declare its existence to the Prefecture of the Department of Mfoundi in Yaoundé, as required by the regulatory provisions in force. However, the Prefecture had not issued the CSP with a deposit slip, as provided for in the regulations, nor had the CSP received any formal reply to their request for legal personality. For its part, the Government had stated that the problems concerning the legal personality of the CSP would be resolved following the amendment of the Labour Code of Cameroon and the adoption of a law on trade unions. The Committee had urged the Government, in consultation with the most representative organizations of employers and workers, to accelerate the process of legislative reform, while guaranteeing full respect for the principles of freedom of association of public servants. It expected that, in the near future, the CSP would be able to lawfully represent its members and exercise all attendant rights.
3. 310. The Committee welcomes the Government’s indication that a process of dialogue has been instigated between the Ministry of Labour and Social Affairs and the CSP. The Committee also notes that an ad hoc Committee has been set up to examine and find a solution to the organization’s demands. The Committee therefore expects the Government to provide, in the near future, information on the recommendations made by the Committee, as well as on any follow-up measures taken in this respect. Meanwhile, the Committee expects that the CSP be recognized in practice and authorized to exercise its rights of freedom of association.
4. 311. The Committee moreover notes with interest that the Ministry of Labour and Social Affairs is at present drafting a single Act on trade unions, in accordance with section 4 of Act No. 90/053 of 19 December 1990 on freedom of association. Reminding the Government of the comments made by the Committee of Experts on the Application of Conventions and Recommendations on this matter, and of its previous recommendation concerning the respect of the right to hold public meetings and demonstrations on May Day, the Committee expects that this legislative reform will be made in full consultation with the most representative employers’ and workers’ organizations, and it requests the Government to keep it informed of any progress made, in particular with regard to the adoption of the single Act on trade unions. It therefore requests the Government to provide a copy of any bill drafted to the Committee of Experts.
5. 312. As regards the situation of the seven union members who were arrested during the sit-in that took place on 11 November 2010, the Committee recalls that the matter had been referred to the Court of First Instance of Mfoundi on 16 May 2011. The Committee requests the Government once again to keep it informed of developments in this case and to provide it with a copy of any legal rulings handed down. The Committee expects the case to be settled without delay.
6. 313. Finally, as regards the serious allegations concerning the violent intervention of law enforcement officials against striking trade unionists, and with respect to the conditions under which the union officials were detained and the ill-treatment to which they were subjected, the Committee expects that an inquiry be conducted on these matters to clarify the facts, determine responsibility, punish those responsible and prevent the repetition of such acts. It requests the Government to keep it informed of the outcome.

The Committee’s recommendations

1. 314. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee expects the Government to provide, in the near future, information on the recommendations made by the ad hoc Committee that was set up once the dialogue between the Ministry of Labour and Social Affairs and the CSP had been resumed, as well as on any follow-up measures taken in this respect. Meanwhile, the Committee expects that the CSP be recognized in practice and authorized to exercise its rights of freedom of association.
   • (b) Reminding the Government of the comments made by the Committee of Experts on the Application of Conventions and Recommendations on this matter, and of its previous recommendation concerning the respect of the right to hold public meetings and demonstrations on May Day, the Committee expects that the legislative reform undertaken in accordance with section 4 of Act No. 90/053 of 19 December 1990 will be made in full consultation with the most representative employers’ and workers’ organizations. The Committee requests the Government to keep it informed of any progress made, in particular with regard to the adoption of the single Act on trade unions. It therefore requests the Government to provide a copy of any bill drafted to the Committee of Experts.
   • (c) As regards the situation of the seven union members who were arrested during the sit-in that took place on 11 November 2010, the Committee requests the Government once again to keep it informed of developments in this case and to provide it with a copy of any legal rulings handed down. The Committee expects the case to be settled without delay.
   • (d) As regards the serious allegations concerning the violent intervention of law enforcement officials against striking trade unionists, and with respect to the conditions under which the union officials were detained and the ill treatment to which they were subjected, the Committee expects that an inquiry be conducted on these matters to clarify the facts, determine responsibility, punish those responsible and prevent the repetition of such actions. It requests the Government to keep it informed of the outcome.