Observation (CEACR) - adoptée 1993, publiée 80ème session CIT (1993)

The Committee notes that the Government's report has not been received. It none the less notes the entry into force of Law No. 92/007 of 14 August 1992 issuing the new Labour Code, and the observations of the Cameroon Workers' Trade Union Confederation (CSTC) and the National Union of Teachers in Higher Education (SYNES).

1. With reference to its previous comments, the Committee notes with satisfaction that the new Labour Code no longer bans foreign workers from holding trade union office as did the former Code (section 10(3)). Section 10(2) of the new Code provides that aliens are required to have resided for not less than five years in the territory of the Republic of Cameroon to be eligible for trade union office Article 2 of the Convention. Furthermore, former section 165(3) which empowered the authorities to call up workers involved in a strike in a vital sector of economic, social or cultural activity, does not appear in the new Code (Article 3).

2. On the other hand, the Committee notes with regret, in connection with the comments it has been making for many years, that the new Labour Code does not repeal Law No. 68/LF/19 of 18 November 1968 which subjects the legal existence of a trade union or professional association of public servants to the prior approval of the Minister of Territorial Administration.

It also notes that the Cameroon Workers' Trade Union Confederation (CSTC) pointed out that the right to organize of public servants is still subject to restrictions and that under section 6(2) of the new Labour Code any person forming a trade union or employers' association that has not yet been registered and who acts as if the said union or association has been registered shall be liable to prosecution.

Furthermore, the Committee notes two communications from the National Union of Teachers in Higher Education (SYNES) addressed to the ILO on 28 February and 25 June 1992 (a copy of the second communication was addressed to the Government on 7 July 1992), in which the SYNES reports that the authorities refuse to recognize its existence. It also transmits a copy of a letter of 21 October 1991 from the Minister of Higher Education, Computer Services and Scientific Research which merely states that the Law of 19 December 1990 respecting the right of association provides for the adoption of special provisions for professional associations.

The Committee considers that section 6(2) of the new Labour Code is at variance with the established right of workers to form unions without prior authorization. It therefore asks the Government to take the necessary measures to repeal the provisions which are contrary to the Convention, and to guarantee the right of all workers, including teachers in higher education and public servants, to form professional associations without prior authorization, in accordance with Article 2.

3. The Committee also notes that under section 19 of Decree No. 69/DF/7 of 6 January 1969, trade unions or professional associations of public servants may not join a foreign professional organization without obtaining prior authorization from the Minister responsible for supervising fundamental freedoms. It recalls that under Article 5 of the Convention all workers' and employers' organizations have the right to affiliate freely with international organizations and asks the Government to indicate whether any requests to affiliate have been refused and to take the necessary measures to bring its legislation into conformity with the Convention.

4. The Committee raises certain other points in a direct request addressed to the Government.