Demande directe (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Convention (n° 97) sur les travailleurs migrants (révisée), 1949 - Cameroun (Ratification: 1962)

Autre commentaire sur C097

Demande directe

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The Committee notes the observations of the General Union of Workers of Cameroon (UGTC) dated 12 November 2012. The Committee requests the Government to send its comments on this matter.

Article 1 of the Convention. Information on national policies, laws and regulations. The Committee recalls previous trade union observations drawing attention to the absence of specific legislation in Cameroon respecting migrant workers, and the Government’s intention to make progress in the protection of migrant workers. The Committee notes from the Government’s report that the National Employment Fund cooperates with countries in the Maghreb (Morocco and Tunisia), those of West Africa (Benin and Senegal) and certain countries of the European Union to establish a system of circular migration. The Committee notes the cooperation agreement between France and Cameroon regarding management of migration flows, concluded 21 May 2012. The Committee requests the Government to provide further information on the ongoing cooperation regarding circular migration and its impact on the application of the provisions of the Convention. The Committee also requests the Government to provide information on the progress achieved in ensuring legislative protection of migrant workers in Cameroon. Noting that the National Institute of Statistics (NIS) undertakes studies on international labour migration, the Committee requests the Government to provide information on any studies or surveys undertaken by the NIS, including statistical information regarding migration flows in and from Cameroon, disaggregated by sex and country of origin and destination.

Articles 2 and 4. Assistance and services to migrants workers, including accurate information – Measures to facilitate the departure and reception of migrant workers. The Committee notes the general information provided by the Government that certain measures are being taken in the framework of the Economic and Monetary Community of Central Africa (CEMAC). The Government also provides general information on the responsibilities of the various ministries and government institutions concerning labour migration, as well as on the involvement of the social partners in the implementation of labour migration projects. These include the project on the promotion and protection of domestic workers in Cameroon within the Ministry of Labour and Social Security, and the Project on migration management within the Ministry of Employment and Vocational Training in partnership with the European Union, the National Employment Fund, the International Organization for Migration, the African Union, as well as Benin, Mali and Senegal. The Committee recalls Paragraph 5(2) of the Migration for Employment Recommendation (Revised), 1949 (No. 86), providing examples of the types of information that may be of concern to migrants entering or leaving the country for employment. The Committee requests the Government to provide information of the activities of the abovementioned institutions and ministries, in particular the manner in which these give effect to Articles 2 and 4 of the Convention. The Committee also requests the Government to provide further information on the objectives and activities carried out in the context of the abovementioned projects, including information on any measures taken, in cooperation with workers’ and employers’ organizations, to maintain an adequate service, including accurate information, to male and female migrant workers coming to or leaving Cameroon, as well as any measures to facilitate departure and arrival of migrant workers.

Article 3. Misleading propaganda. The Committee notes the general information provided by the Government regarding sanctions imposed on private employment agencies in the case of misleading propaganda. The Committee requests the Government to provide further information on the manner in which supervision of private employment agencies is carried out, as well as information on the specific steps taken to protect migrant workers from misleading information regarding the migration process including information stemming from private employment agencies and other intermediaries as well as prospective employers.

Article 6. Equality of treatment. The Committee notes the Government’s statement that while the Labour Code provides for equality of treatment, its application in practice could be improved. The Committee requests the Government to provide information on the steps taken to improve the practical application of the principle of equality of treatment between migrant and national workers, and the results achieved. The Committee also refers to the comments made under the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143).

Article 7. Employment services. The Committee notes the Government’s statement that the National Employment Fund, which is to ensure cooperation with the migration services of other countries, has been gradually put in place. The Committee requests the Government to continue to provide information on the activities of the National Employment Fund, in particular the manner in which it cooperates with employment services of other States.

Article 8. Maintenance of residence in case of incapacity for work. The Committee notes the Government’s statement that no national legal provisions or jurisprudence exist regarding the right of migrant workers admitted to the country on a permanent basis, and their families, not to be returned to their territory of origin or the territory from which they emigrated because the migrant is unable to follow his or her occupation by reason of illness contracted or injury sustained. The Committee urges the Government to take the necessary measures to give effect to Article 8 in law and in practice, and to provide information on any complaints made in this respect to the competent authorities and the outcome thereof.

Article 9. Transfer of the earnings and savings of migrant workers. The Committee recalls the Government’s previous indication that limits to transfers and savings of migrant workers are established in the context of the various contractual agreements, taking into account the cost of living in the country so as to ensure that the workers have the necessary means to meet their needs and those of their families. In the absence of any further information on this point, the Committee reiterates its requests to the Government to provide examples of the limits on the transfer of the earnings and savings of migrant workers as established by contractual agreements.