Solicitud directa (CEACR) - Adopción: 2019, Publicación: 109ª reunión CIT (2021)

Camerún

Convenio sobre los trabajadores migrantes (revisado), 1949 (núm. 97) (Ratificación : 1962)
Convenio sobre los trabajadores migrantes (disposiciones complementarias), 1975 (núm. 143) (Ratificación : 1978)

In order to provide an overview of matters relating to the application of the ratified Conventions on migrant workers, the Committee considers it appropriate to examine Conventions Nos 97 and 143 together.

Matters common to the application of Conventions Nos 97 and 143

Statistical data on migration. The Committee notes the Government’s indication that it does not have any statistical data on migration to and from Cameroon. The Government also indicates that it does not have statistics enabling an evaluation of the application of the Conventions in practice, such as data on the numbers of inspections carried out, infringements recorded and penalties imposed. However, the Committee notes the Government’s indication that the National Institute of Statistics (INS) is conducting surveys on migration. The Committee recalls that appropriate data and statistics are crucial in determining the nature of labour migration and inequalities of treatment faced by migrant workers, to set priorities and design measures, and to evaluate their impact (2016 General Survey, Promoting fair migration, paragraph 648). The Committee requests the Government to take steps to collect and analyse relevant data on migration flows to and from Cameroon, and on the situation of migrant workers in Cameroon.

Article 1 of Convention No. 97 and Articles 10 and 12 of Convention No. 143. National migration policy promoting equality of opportunity and treatment. The Committee previously asked the Government to provide information on the implementation of the national migration policy, and on progress made on adopting and implementing a policy designed to promote equality of opportunity and treatment specifically intended for migrant workers. The Committee notes the indications in the Government’s reports that: (1) the Prime Minister’s Office coordinates public migration policies; (2) by an Order of 26 February 2016, a platform for combating irregular migration has been established with the task of formulating a migration policy; and (3) the Government undertakes to incorporate equality of opportunity and treatment in the migration policy which is being prepared. The Committee recalls the vital importance of good governance of international migration, which requires a multi-faceted approach and coherence between different public policies (particularly regarding equality and employment). The Committee requests the Government to provide information on progress made in formulating a national migration policy promoting equality of opportunity and treatment.

Articles 1, 7 and 10 of Convention No. 97 and Article 4 of Convention No. 143. Cooperation between States. The Committee previously asked the Government to provide detailed information on: (1) the implementation of cooperation agreements on migration for employment; and (2) the activities of the National Employment Fund (FNE) regarding cooperation with the employment services of other member States. The Committee notes the Government’s reference in its reports to the following agreements and projects: 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, the IOM, the African Union, Benin, Mali and Senegal; the cooperation agreement on the coordinated management of migration flows between Cameroon and France; and the agreements on the movement of persons concluded with Nigeria, Mali and France. The Committee requests the Government to provide a copy of the agreements concluded on migration, and to indicate whether this has enabled the systematic exchange of information with other States. It also requests the Government to clarify whether the FNE cooperates with the employment services of other member States. Lastly, the Committee requests the Government to clarify whether the social partners are consulted before agreements are concluded.

Article 8 of Convention No. 97 and Article 8 of Convention No. 143. Legal status in the event of incapacity for work or loss of employment. The Committee previously asked the Government to provide information on the legal status of migrant workers admitted to the country on a permanent basis in the event that they are unable to work because of illness or injury (Article 8 of Convention No. 97) and of migrant workers in the event of loss of employment (Article 8 of Convention No. 143). The Committee notes the Government’s indication in its report that the loss of migrant workers’ employment cannot cause the withdrawal of their residence permit or work permit, and that these workers are treated in the same way as nationals. In this regard, the Committee notes that: (1) the Government refers to Act No. 97/012 of 10 January 1997 concerning the conditions of entry, residence and exit for foreigners to and from Cameroon (Act No. 97/012), and also Decree No. 2007/255 of 4 September 2007 establishing the conditions of application of Act No. 97/012 (Decree No. 2007/255); and (2) sections 34 and 39 of Act No. 97/102, which list the grounds for expulsion from the country, do not include incapacity for work or loss of employment in the list. The Committee take note of all this information.

Matters specifically relating to the application of Convention No. 97

Articles 2 and 4. Free service to assist migrants for employment. Measures to facilitate the departure, journey and reception of migrants for employment. The Committee previously asked the Government to provide information on the existence of a free service to assist migrant workers and on any other measures taken to facilitate their departure, journey and reception. The Committee notes the Government’s indication in its report that the FNE facilitates the negotiation of employment contracts between nationals and enterprises in the host country. However, the Committee notes that this information does not make it possible to determine what specific measures of assistance are provided to facilitate the departure, journey and reception of migrant workers. The Committee requests the Government to provide more detailed information on the services provided by the FNE to prospective emigrants (in order to determine whether these services are free of charge, whether they are offered to all nationals wishing to emigrate, and whether the FNE disseminates information on emigration). It also requests the Government to indicate whether a service exists that provides information free of charge to migrants entering Cameroon for employment. Lastly, the Committee requests the Government to provide detailed information on any other measures taken to facilitate the departure, journey and reception of migrants for employment.

Article 3. Measures against misleading propaganda. The Committee previously asked the Government to indicate what measures had been taken to combat the dissemination of misleading propaganda relating to emigration and immigration. The Committee notes the Government’s indications in its report that: (1) awareness-raising campaigns are organized in various media (particularly making use of posters); (2) organizers of irregular movements of foreign workers are arrested; and (3) the Ministry of Employment and Vocational Training supervises the activities of private employment agencies. While noting this information, the Committee requests the Government to provide detailed information on the supervision of private employment agencies (including on licencing or accreditation procedures and any inspections to which they may be liable), and also on penalties imposed when these agencies, other intermediaries or employers disseminate misleading information to migrant workers.

Article 9. Transfer of the earnings and savings of migrant workers. In its previous comments, the Committee noted the Government’s indication that limits to transfers of earnings and savings of migrant workers were established by contractual agreements and it asked the Government to provide information on the limits applied. The Committee notes the Government’s indication that this information is not available. The Committee once again requests the Government to provide information on the limits applied in practice to transfers of the earnings and savings of migrant workers.

Matters specifically relating to the application of Convention No. 143

Article 1. Basic human rights for all migrant workers. In its previous comments, the Committee asked the Government to provide information on the measures taken to ensure respect for the basic human rights of all migrant workers. The Committee notes that the Government’s report does not contain any information on this point. It also notes the concluding observations of the United Nations Human Rights Committee, which expressed concern at reports that refugees and asylum seekers from Nigeria have been ill-treated by the armed forces and that there have been mass forced expulsions of such persons for alleged collaboration with terrorist movements (CCPR/C/CMR/CO/5, 30 November 2017, paragraph 35). Recalling that refugees and displaced persons working outside their country of origin are covered by the Convention, the Committee requests the Government to provide information on the measures taken to ensure respect for the basic human rights of the aforementioned persons.

Articles 2 and 3(a). Measures to suppress clandestine movements of migrants for employment and illegal employment of migrants. The Committee previously asked the Government to provide information on measures to detect illegal and clandestine movements of migrant workers, and on the role of the National Observatory for Employment and Vocational Training (ONEFOP) in the context of migration. The Committee notes the Government’s indication that: (1) ONEFOP plays a key role in this context; (2) statistics on the number of migrant workers subjected to abusive conditions or employed illegally are not available; and (3) a platform for combating irregular migration was established in 2016. The Committee requests the Government to provide detailed information on the activities of ONEFOP and the platform for combating irregular migration in relation to the detection and suppression of clandestine movements of migrants for employment and illegal employment of migrants.

Articles 3(b) and 6. National legislation and penalties. The Committee previously asked the Government to provide information on the measures taken against organizers of clandestine movements of migrants and against employers of workers who have migrated in illegal conditions. The Committee notes the Government’s indication that the national legislation covers the issue of clandestine migration (particularly through Act No. 2011/024 of 14 December 2011 concerning action against trafficking in persons and Act No. 2016/007 of 12 July 2016 issuing the Penal Code), and establishes administrative and criminal penalties in the matter. It also notes the Government indication that statistics on the number and nature of offences recorded and penalties imposed are not available. The Committee requests the Government to take steps to collect data on the number and nature of offences recorded and penalties imposed and applied.

Article 9(3). Costs of expulsion. In its previous comments, the Committee noted the Government’s indication that the costs of expulsion were borne by the employer of the migrant workers concerned, and it asked the Government to indicate the measures taken or envisaged to ensure that migrant workers and their families do not have to bear these costs in practice. The Committee notes that the Government does not provide any information on this point. It also observes that neither Act No. 97/102 nor Decree No. 2007/255 establishes who shall bear the costs of expulsion. The Committee once again requests the Government to indicate whether measures have been taken in this regard.

Article 14(c). Restrictions relating to limited categories of employment. In its previous comments, the Committee noted the Government’s indications that certain posts (in middle management, supervisory posts and manual jobs) are reserved as a priority for Cameroonian nationals. The Committee notes the Government’s indication that these restrictions are no longer applied.