Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Article 1 of the Convention. Basic human rights for all migrant workers. The Committee reiterates its request to the Government to indicate the legislative and administrative provisions giving effect to Article 1 of the Convention.

Articles 2 and 3. Measures addressing migration in abusive conditions and the illegal employment of migrants. The Committee notes the Government’s statement that there are only a few migrant workers in an irregular situation and that they mostly work in the informal economy. The Government further states that the organizers of clandestine movements of migrants are apprehended and punished, while migrant workers in an irregular situation are not expelled, unless they present a real danger to the social stability of the country. While noting that the number of migrant workers in an irregular situation may be very low, the Committee nonetheless encourages the Government, with the assistance of the ILO if necessary, to adopt measures to detect systematically whether there are any illegal and clandestine  movements of migrants entering or leaving its territory, or whether there are any illegally employed migrant workers. The Committee also requests the Government to indicate the legal and other measures taken against the organizers of such movements, and against employers who employ workers who have migrated in illegal conditions, in accordance with Articles 2 and 3 of the Convention. Please continue to provide information on the progress made in establishing the National Observatory for Employment, and its role in the context of migration.

Article 4. Collaboration between States. The Committee notes the conclusion of the Agreement regarding the management of migration flows between Cameroon and France (21 May 2009). The Committee notes the information in the Government’s report that the social partners are involved in the implementation of projects relating to migration for employment, including the project to promote the protection of domestic workers in Cameroon, in cooperation with the International Organization for Migration (IOM); the project on labour migration management, in partnership with the European Union, IOM and Benin, Mali and Senegal; and the research project on international migration movements and the contribution of the diaspora to the development of Cameroon. The Committee asks the Government to provide information on the implementation of these projects, including on the manner in which they contribute to establishing contact and exchange of information with a view to detecting and eliminating illicit or clandestine movements of migrants for employment.

Article 8. No return in the event of loss of employment. The Committee recalls its previous comments in which it asked the Government to specify whether section 7 of Decree No. 90/1246, which was found contrary to Article 8(1) of the Convention, was indeed repealed by Decree No. 2000/286. The Committee notes the Government’s reply that migrant workers whose contracts have3 expired have not been expelled and their contracts are almost always renewed, except for cases of manifest irregularities non-inherent to their contract of employment. The Committee recalls that, pursuant to Article 8(1), migrant workers should not be regarded as in an illegal situation by the mere fact of the loss of their employment. The Committee asks the Government to provide information on the legal status of migrant workers lawfully in the country who lose their employment before their employment contract has expired, and their right to enjoy equality of treatment with nationals in terms of security of employment, the provision of alternative employment, relief work and retraining. Please confirm that section 7 of Decree No. 90/1246 was indeed repealed, and provide information on the bilateral arrangements concluded between Cameroon and other States regarding the maintenance of residence permit in the event of loss of employment.

Article 9(3). Expulsion. The Committee notes the Government’s statement that there are no legislative provisions regarding the expulsion of migrants in an irregular situation. Recalling the Government’s previous statement that the costs of expulsion will be borne by the employer, the Committee asks the Government to indicate the measures taken or envisaged to ensure that migrant workers and their families do not in practice have to bear the administrative costs of expulsion.

Articles 10 and 12. National policy on equality of opportunity and treatment. The Committee notes the Government’s statement that Cameroon has not yet developed a national migration policy, but that studies on this matter are being conducted by the relevant administrations. The Government adds that the social partners are involved in projects relating to the promotion of equality of opportunity and treatment, and that action has been undertaken to sensitize and raise awareness of the dangers of irregular migration, and the advantages of regular migration for enterprises. The Committee also notes the Government’s very brief indications with respect to Article 12(c) to (f) that policies are also in the process of being developed. The Committee recalls the Government’s obligation to adopt a policy designed to promote equality of opportunity and treatment specifically intended for migrant workers, and requests the Government to ensure that the studies aimed at developing a national migration policy will cover this aspect. Please also provide information on the progress made in pursuing and implementing a national policy on equality in accordance with Articles 10 and 12 of the Convention.

Article 14(c). Restrictions to limited categories of employment. The Committee notes that according to the Government, middle management and supervisory posts, as well as manual work are reserved in priority for Cameroon nationals, while foreign work can occupy senior managerial posts. Recalling that pursuant to Article 14(c) of the Convention the restriction of access to limited categories of employment is allowed where this is necessary in the interests of the State, the Committee asks the Government to provide the reasons for the restrictions imposed on the access of migrant workers, middle management and supervisory posts and to manual work, as well as information, disaggregated by sex and nationality, on the number of nationals and foreign workers occupying these posts.