Observation (CEACR) - adoptée 2020, publiée 109ème session CIT (2021)

Convention (n° 98) sur le droit d'organisation et de négociation collective, 1949 - Cameroun (Ratification: 1962)

The Committee takes note of the observations of the International Trade Union Confederation (ITUC), received on 16 September 2020, which concern the application of the Convention in practice, and which are dealt with in the present comment. It also takes note of the observations of the General Union of Workers of Cameroon (UGTC) received on 5 November 2020, which contain allegations of anti-union discrimination against several members of an affiliated organization (SNEGCBEFCAM) within the National Social Welfare Fund (CNPS). The Committee requests the Government to comment on this matter.

Articles 1 and 2 of the Convention. Adequate protection against acts of anti-union discrimination and interference. In its earlier comments, the Committee had noted the observations of the ITUC denouncing anti-union discrimination against trade union leaders and trade unionists in the banking sector, and interference by the employer and the authorities in the elections of a trade union in the agriculture sector. It also noted the 2016 observations of the Cameroon Workers’ Trade Union Confederation concerning interference by an enterprise in the activities of a trade union in the wood industry and the dismissal by the enterprise in question of more than 150 workers on the sole grounds of their trade union affiliation. The Committee notes with regret that the Government has still not provided the information requested and that it restricts itself to indicating that it ensures the promotion of international labour standards in the country. Finally, the Committee notes the ITUC’s observations received in September 2020, which contain new allegations of suspensions and arbitrary dismissals of trade union leaders, especially in the brewery sector. The Committee once again notes with concern the serious nature of the alleged facts and the persistent denunciations of anti-union practices in numerous sectors. The Committee reminds the Government of its responsibility to take all measures needed to ensure that the competent authorities, in particular the labour inspectorate, carry out the necessary inquiries into the reported cases of anti-union discrimination and interference, to take the corrective measures without delay and issue appropriate sanctions if it is found that the trade union rights provided by the Convention have been violated in certain administrations or enterprises. The Committee urgently requests the Government to provide its comments and detailed information in this regard.

With reference to the observations received from the UGTC in October 2016 on the worsening of trade union discrimination against the leaders of SNEGCBEFCAM within the CNPS, the Committee notes a court decision handed down in favour of the workers, who had been dismissed, but that the CNPS has appealed the decision. The Committee requests the Government to provide all relevant information in this regard.

Article 4. Right to collective bargaining in practice. The Committee notes the information provided by the Government to the effect that since 2017, nine collective agreements have been signed. With reference to its earlier comments, it notes in particular that the revised collective agreement for security services was signed on 7 May 2019. Moreover, the Committee had noted the 2016 observations of the of the Cameroon Workers’ Trade Union Confederation (CSTC) denouncing unilateral appointment by the Ministry of Labour of the workers’ representatives in the bargaining committees for national collective agreements, without taking into account the representativeness of the organizations in the sectors concerned. In that regard, the Committee notes the observations of the ITUC, received in September 2020, alleging that unrepresentative organizations are appointed in the institutions, in the place of representative organizations, and that such practices prevent the genuine representation of workers and their interests both in enterprises and in tripartite institutions and social dialogue. The Committee requests the Government to comment on the observations of the CSTC and the ITUC, and also to indicate the measures taken by the authorities to encourage and promote collective bargaining, under Article 4 of the Convention, and to specify sectors concerned. The Committee also requests the Government to continue to provide statistical information on the number of collective agreements signed and in force, both in the public and private sectors, also indicating the number of sectors and of workers covered by the agreements.