Informe definitivo - Informe núm. 83, 1965

Caso núm. 389 (Camerún) - Fecha de presentación de la queja:: 16-ABR-64 - Cerrado

1. 38. This case has already been before the Committee, at its 38th Session in November 1964. The complaint presented by the International Federation of Christian Trade Unions consisted of two sets of allegations: one relating to the refusal to issue exit visas to trade union delegates and the other referring to restrictions on the movement of trade union militants inside the country. The Committee submitted its final recommendations to the Governing Body in regard to the first set of allegations in paragraphs 111 to 121 and 125 (a) and (b) of its 79th Report, which was approved by the Governing Body at its 161st Session (March 1965). With respect to the second set of allegations, the Committee, noting that the Government had not submitted its observations on the subject, recommended the Governing Body to request the Government to be good enough to furnish its observations thereon.

39. The above-mentioned conclusions and the request for additional information were brought to the attention of the Government in a letter dated 4 March 1965. The Government answered by a communication dated I April 1965.

1. 40. In its answer the Government, in addition to the observations requested of it on the second set of allegations presented by I.F.C.T.U, presents certain remarks concerning the conclusions of the Committee on the first set of allegations contained in paragraph 125 of the 79th Report of the Committee, which reads as follows:
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3. (b)...the Committee recommends the Governing Body to draw the attention of the Government to the importance which should be attached to the principle laid down in Article 5 of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), which has been ratified by Cameroon, according to which national trade union organisations should have the right to affiliate with international organisations of workers and employers, and to the fact that this right normally carries with it the right of national organisations to maintain contact with the international organisations of workers with which they are affiliated, and to take part in the work of those organisations.
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5. 41. The Government submits the following observations with respect to this recommendation.
6. The Government of Cameroon continues to discharge faithfully the international obligations which it has incurred as a sovereign State. In particular, it gives effect to the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), which it has ratified, and bears in mind that one of the most important consequences of that Convention is the right of the national workers' and employers' organisations to " affiliate with international organisations of workers and employers ", a right which normally carries with it the right of the representatives of the national organisations to " maintain contact with the international organisations with which they are affiliated, and to take part in the work of those organisations ". It may nevertheless be necessary for certain serious reasons connected with internal security to relax the fulfilment of the obligations mentioned above, without going so far as to violate the international instrument. It is in this light that one should view the restrictions on the movements of the trade union militants referred to in the Committee on Freedom of Association's report. The Government of Cameroon accordingly believes that the internal security of the State, which affects the lives of all citizens, is a factor that must be taken into consideration in the discharge of its international commitments, and that it is the duty of all sections of the population without distinction to comply with the measures ordered by the public authorities for the purpose of maintaining order and security. For these reasons the Government intends to ensure that trade unionists comply with the laws and regulations to which the entire population is subject in exceptional circumstances, such as a state of emergency. That being so, the Government of Cameroon declares its determination to go on taking into consideration in the application of these measures the vital needs of trade union action and the principles laid down with respect thereto in the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).
7. 42. The Committee recommends the Governing Body to take note of the statement of the Government and, in particular, of the intention of the latter to comply with the principles laid down in Convention No. 87 in the case of any exceptional measures it might be called upon to take and to which the whole population would be subject.
8. 43. As regards the allegations relating to restrictive measures taken by the authorities against leaders and militants of the Union of Believing Trade Unions of Cameroon, limiting their freedom to move about the country by the refusal of laissez passer, the Government states that it is in the spirit of the above-mentioned declarations that similar measures have always been applied to trade union representatives; the duration and extent of these measures, it continues, have always been kept to the minimum consistent with the internal security needs of the State.
9. 44. In conclusion, the Government of Cameroon states that the restrictions which gave rise to the I.F.C.T.U complaint were lifted a considerable time ago and that the Union of Believing Trade Unions of Cameroon has been able to proceed normally with the elections of staff delegates throughout the national territory.
10. 45. In these circumstances, considering that it would serve no useful purpose to continue the study of this aspect of the case, the Committee recommends the Governing Body to decide that it does not call for further examination.

The Committee's recommendations

1. 46. With regard to the case as a whole the Committee recommends the Governing Body:
   • (a) to take note of the Government's statement quoted in paragraph 41 above and, in particular, of its indication of its intention to comply with the principles laid down in the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), ratified by Cameroon, in the case of any exceptional measures it might be called upon to take and to which the whole population would be subject;
   • (b) to decide, for the reasons indicated in paragraphs 43 to 45 above, that the case does not call for further examination.