Observation (CEACR) - adoptée 2002, publiée 91ème session CIT (2003)

The Committee notes the information contained in the Government’s report. In its previous comments, the Committee noted the Bill to amend certain provisions of Act No. 92/007 of 14 August 1992, issuing the Labour Code. Noting that the Government makes no reference to this Bill in its report, the Committee asks the Government to indicate in its next report what progress this Bill has made in the legislative process.

The Committee recalls that for several years its comments have related to the following matters.

1. Article 2 of the Convention. Prior authorization. The Committee has been pointing out for many years that Act No. 68/LF/19 of 18 November 1968, under which the existence in law of a trade union or occupational association of public servants is subject to prior approval by the Minister for Territorial Administration, and section 6(2) of the Labour Code of 1992, under which persons forming a trade union which has not yet been registered and who act as if the said union has been registered shall be liable to prosecution, are not consistent with Article 2 of the Convention. In this respect, the Committee noted that in the Bill transmitted by the Government, section 6(2) of the Labour Code was deleted in its entirety. It once again requests the Government to provide a copy of the new Act once it has become law.

With regard to the Act of 1968 governing trade unions and occupational associations of public servants, the Government stated in its previous report that the fact that Decree No. 2000/287 of 12 October 2000 amending and supplementing certain provisions ((new) section 72) of the General Statute of the Civil Service which allow a civil servant to be released for the performance of trade union duties was a step towards trade unionism in the public service being allowed by law. In its latest report, the Government indicates that the Bill to amend the Act of 1968 respecting trade unions of public servants is still under examination. The Committee regrets that there have been no developments in this respect and once again urges the Government to amend Act No. 68/LF/19 of 18 November 1968 in order to ensure that public servants have the right to establish organizations of their own choosing without prior authorization.

2. Article 5. Prior authorization for affiliation to an international organization. The Committee has been pointing out for several years that section 19 of Decree No. 69/DF/7 of 6 January 1969, which provides that trade unions or associations of public servants may not join a foreign occupational organization without obtaining prior authorization from the Minister responsible for "supervising public freedoms", is inconsistent with Article 5 of the Convention. In this respect, the Committee noted the Government’s earlier statements to the effect that the above Decree would be brought into line with the Convention as soon as the new Act on public servants’ unions became law. The Committee once again urges the Government to amend its legislation as soon as possible in order to eliminate the requirement that public servants’ unions obtain prior authorization before joining an international organization.

Finally, the Committee noted the comments made by the Federation of Free Trade Unions of Cameroon (USLC) to the effect that in practice the formalities for registration set out in section 11 of the Labour Code are not respected by the services of the Registry of Trade Unions, which require applicants for registration to submit documents not specified in the Code. In its last report, the Government indicates that the documents to be provided for registration derive from sections 6 to 11 of the Labour Code and practical requirements. In this respect, the Committee recalls that, while member States remain free to provide such formalities in their legislation as appear appropriate to ensure the normal functioning of occupational organizations, problems of compatibility with the Convention may arise where the registration regulations are applied in a manner inconsistent with their purpose and the competent administrative authorities make excessive use of their discretionary powers, which may in practice be a serious obstacle to the establishment of organizations of workers and employers without previous authorization (see General Survey of 1994 on freedom of association and collective bargaining, paragraphs 74 and 75). The Committee trusts that the Government will take full account of the abovementioned considerations with regard to the manner in which the procedures for the registration of trade unions are applied in practice.