Informe en el que el Comité pide que se le mantenga informado de la evolución de la situación - Informe núm. 354, Junio 2009

1. 272. The Committee last examined this case at its June 2008 meeting, when it presented an interim report to the Governing Body [see 350th Report, paras 297–315, approved by the Governing Body at its 302nd Session].
2. 273. The complainant organization sent new allegations in a communication dated 17 September 2008.
3. 274. The Government sent its observations in communications dated 30 October, and 12 and 29 December 2008.
4. 275. Cameroon has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), and the Workers’ Representatives Convention, 1971 (No. 135).

A. Previous examination of the case

1. 276. During its previous examination of the case, in June 2008, the Committee made the following recommendations [see 350th Report, para. 315]:
   • (a) The Committee requests the Government to ensure that the legal proceedings under way do not, in practice, hinder the functioning of the USLC and its activities.
   • (b) The Committee expects that a final ruling will be handed down very soon concerning the legality of the USLC extraordinary congress of 25, 26 and 27 August 2005 and the accusations of embezzlement made against the Confederation’s President, and expects that the Government will keep it informed in this regard and of any further developments.
   • (c) Once again, the Committee requests the Government to provide detailed observations on the alleged closure of the USLC’s trade union premises by the Deputy Prefect of the First District of Yaoundé, accompanied by police officers, and expects that it will take the necessary measures to prevent the repetition of such acts.
   • (d) The Committee requests the Government to promote dialogue and consultation on matters of mutual concern to the public authorities and the most representative professional organizations at industrial and national levels, particularly by ensuring regular consultations with the whole trade union movement, including the USLC.
   • (e) Because of the contradictory information provided by the complainant and the Government, and in view of the fact that nearly three years have passed since the legality of the USLC extraordinary congress was questioned, without a final ruling being handed down, the Committee urges the Government to accept a direct contacts mission in order to clarify the situation.

B. The complainant’s new allegations

1. 277. In a communication dated 17 September 2008, the complainant organization, through its General Secretary, Mr Mbom Mefe, alleges that an attempt was made to misinform the Committee via a communication presented by a group of individuals claiming to be representatives of an umbrella organization, the Union of Trade Union Confederations of Cameroon (Union des Confédérations syndicales du Cameroun) (UCSC), which is allegedly manipulated by the Government.

C. The Government’s reply

1. 278. The Government presented a communication dated 30 October 2008 following up on the Committee’s recommendations. With regard to recommendations (a) and (b) on the legal proceedings concerning the legality of the extraordinary congress of 25, 26 and 27 August 2005 and accusations of embezzlement made against the Confederation’s President, the Government points out that the principle of separation of powers prevents it from interfering in these matters, but that it does not appear to be hindering the functioning of the USLC, which continues to carry out its activities. Concerning recommendation (c) on the closure of the USLC’s premises by the Deputy Prefect of the First District of Yaoundé and police officers, the Government states that the aim of this operation was in fact to remove from the premises individuals who held no office or authority within the USLC. With regard to the replacement of Mr Mbom Mefe in the National Human Rights and Freedoms Committee, pursuant to a decree which is the subject of recommendation (d), the Government states that this resulted from the extraordinary congress of 27 August 2005, at which Mr Mbom Mefe lost his position as General Secretary, and that he was replaced at the request of the USLC. Lastly, with regard to recommendation (e), the Government has agreed to a direct contacts mission to clarify the situation.
2. 279. In a communication dated 12 December 2008, in response to the statements made in a communication of 3 September 2008, by Mr André Jules Mousseni, the declared General Secretary of the USLC, in opposition to the complainant organization, the Government states that it adheres to the principle of non-interference in the internal affairs of trade unions. Referring to that communication, which describes the circumstances in which the extraordinary congress of August 2005 was held, the Government draws the Committee’s attention to the fact that Mr Mbom Mefe acted on his own behalf and not on behalf of the USLC, in which he no longer held office, according to the Government and the faction opposed to the complainant organization.
3. 280. In its communication dated 29 December 2008, the Government denies any involvement in the establishment of the UCSC, which was alluded to in the complainant’s communication of 17 September 2008, and states that it is not for the Government to comment on the authority of trade union leaders. The Government expresses its intention to continue collaborating with all trade union organizations for the sake of promoting freedom of association.

D. The Committee’s conclusions

1. 281. The Committee recalls that the present case principally concerns alleged interference by the public authorities in trade union activities, to the advantage of certain individuals and factions within the Cameroon Confederation of Free Trade Unions (USLC). The Committee takes note of the new information provided by the complainant organization, as well as the Government’s replies.
2. 282. With regard to the disputes within the USLC, the Committee had already recalled in the present case that it is not competent to make recommendations on internal dissensions within a trade union organization, so long as the Government does not intervene in a manner which might affect the exercise of trade union rights and the normal functioning of an organization, and that judicial intervention would permit a clarification of the situation from the legal point of view for the purpose of settling the question of the leadership and representation of the organization concerned [see Digest of decisions and principles of the Freedom of Association Committee, fifth edition, 2006, paras 1114 and 1116]. The Committee had expected that a final ruling would be handed down very soon on the legality of the extraordinary congress of 25, 26 and 27 August 2005. On that occasion, the Committee had noted that nearly three years had elapsed since that issue had been raised, without any final ruling having been handed down.
3. 283. The Committee noted the Government’s assurances of neutrality in this matter. The Committee recalls, however, that in its previous examination of this case, it noted the Government’s statement that it considered the August 2005 meeting, which is contested by the complainant, during which the Director-General of the USLC was dismissed and replaced as head of the organization, to be legitimate. The Committee recalls, furthermore, that it previously noted the dismissal of Mr Mbom Mefe from his functions in several national consultative bodies, notably the National Human Rights Committee (CNDH), as well as a protest statement from the Concerted Multiple Actor Programme (PCPA), requesting his reinstatement. The Committee notes that, according to the Government, the dismissal is a consequence of the August 2005 meeting during which Mr Mbom Mefe ceased to be Director-General and his replacement was undertaken at the USLC’s request. In light of the facts recalled above, the Committee is led to observe that, despite the legal proceedings which still appear to be pending concerning the legality of the extraordinary congress, which resulted in the election of a new executive committee of the confederation, the Government does not seem to have taken a completely neutral stance, given that it has granted the requests of one of the factions of the USLC in its decision concerning the representation of the trade union within national consultative bodies while the matter is still pending before the courts. The Committee urges the Government to ensure a completely neutral stance in this matter.
4. 284. Recalling once again that in cases where the results of trade union elections are challenged, such questions should be referred to the judicial authorities in order to guarantee an impartial, objective and expeditious procedure, and that justice delayed is justice denied [see Digest, op. cit., paras 442 and 105], the Committee notes with deep regret that nearly four years have elapsed since the legality of the USLC executive committee and extraordinary congress was first challenged, without a final ruling having been handed down. The Committee expects that a final ruling will be handed down quickly in the legal proceedings concerning the legality of the USLC executive committee and extraordinary congress of August 2005 and the accusations of embezzlement made against the Confederation’s President. It requests the Government and the complainant organization to keep it informed in this regard and to report any further developments.
5. 285. With regard to the alleged closure of the USLC’s premises by the Deputy Prefect of the First District of Yaoundé, accompanied by police officers, the Committee notes that the Government endorses the explanations provided by the opposite faction of the USLC, according to which, after a new executive committee had been elected in August 2005, Mr Mbom Mefe and a group of dissidents barred the newly elected committee from access to the trade union premises, the local administrative authority was called after access had been blocked for several months, and it ordered the police to vacate the premises.
6. 286. Mindful that internal disputes arising in a trade union organization should be resolved by the persons concerned, by appointing an independent mediator with the agreement of the parties, or by intervention of the judicial authorities, the Committee recalls that the inviolability of trade union premises is a civil liberty which is essential to the exercise of trade union rights. The inviolability of the premises of organizations of workers and employers necessarily implies that the public authorities may not insist on entering such premises without prior authorization or without having obtained a legal warrant to do so [see Digest, op. cit., paras 178 and 180]. The Committee requests the Government to indicate whether the entry of the Deputy Prefect of the First District of Yaoundé and the police into the USLC’s premises was carried out under a warrant from the judicial authority and if so, on what grounds.
7. 287. The Committee notes the complainant’s allegation, through its General Secretary Mr Mbom Mefe, that an attempt was made to misinform the Committee via a communication presented by a group of individuals claiming to be representatives of an umbrella organization, the UCSC, which is allegedly manipulated by the Government. The Committee also notes the Government’s reply in which it denies any involvement in the establishment of the UCSC. The Committee notes that the complainant encloses with its communication a copy of a letter addressed to the Committee on Freedom of Association, signed by trade union organizations affiliated to the UCSC. The Committee notes, however, that the UCSC is not a complainant in the present case and that it did not bring the abovementioned document to the Committee’s attention. In these circumstances, the Committee will not pursue its examination of the issues raised in regard to this organization.
8. 288. The Committee welcomes the Government’s consent to a direct contacts mission to clarify the situation, in view of the contradictory information received. The Committee invites the Government and the Office to make the necessary arrangements for a mission to be carried out in the near future.