Demande directe (CEACR) - adoptée 1991, publiée 78ème session CIT (1991)

Convention (n° 143) sur les travailleurs migrants (dispositions complémentaires), 1975 - Cameroun (Ratification: 1978)

Article 8, paragraph 1, of the Convention. In the comments it has been making for many years, the Committee has referred to the provisions of section 3 of Decree No. 80/004 of 7 January 1980 laying down that the aliens specified in section 1 of the Decree must leave the national territory if they lose their jobs, which is contrary to the Convention which provides that the loss of employment shall not in itself imply the withdrawal of the migrant workers' authorisation of residence. In reply to these comments, the Government indicates in its report that it agrees with the Committee that Decree No. 80/004 should be brought into line with the Convention. However, the Government repeats that it considers that the settlement of this question depends on the international socio-economic environment, and that certain industrial countries are stepping up protection of their national workforces. The Government indicates that the provisions of section 3 of Decree No. 80/004 are none the less attenuated by reciprocity agreements between Cameroon and certain other States. Since, under the Convention, measures must be taken to ensure that it is applied and that the rights set forth in it are not subject to reciprocity, the Committee again asks the Government to take measures to bring its legislation into conformity with Article 8, paragraph 1, of the Convention. It also recalls that it requested copies of agreements containing reciprocity clauses and again asks the Government to provide them.

Article 10 (in conjunction with Article 12(d) of Part II). In its previous comments the Committee asked the Government to take measures to amend section 30, subsection 3, of the Labour Code which limits the transformation of contracts for a specific duration into contracts of unspecified duration to workers of Cameroon nationality, which is not compatible with the principle of equal treatment in employment laid down in the Convention. In reply, the Government refers to the information supplied under Article 8. The Committee again requests the Government to take steps to ensure that effect is given to Article 10 of the Convention.