Rapport intérimaire - Rapport No. 58, 1962

Cas no 262 (Cameroun) - Date de la plainte: 28-AVR. -61 - Clos

1. 654. The complaint of the C.C.S.C was contained in a telegram dated 28 April 1961 and a communication dated 3 June 1961. The texts of these documents were communicated to the Government for its observations thereon on 29 June 1961. The Government communicated its reply in a letter dated 8 September 1961.
2. 655. When Cameroun became a member of the International Labour Organisation on 7 June 1960, its Government recognised that it remained bound by the obligations of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the provisions of which had previously been declared applicable by France to the territory of Cameroun; furthermore, the Government undertook to apply the provisions of the Right of Association (Non-Metropolitan Territories) Convention, 1947 (No. 84), until it had been able to ratify the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. A. The complainants' allegations

• Allegations relating to the Arrests of 32 "Trade Unionist Schoolmasters "
  656. 656 The complainants allege, in rather vague terms, that 32 " trade unionist schoolmasters " were arrested while pressing claims of an occupational character. In its reply the Government states that the sub-prefecture of Saa (département of Nyong-et-Sanaga) was informed during April 1961 that the teachers in the Roman Catholic Mission, " acting under the influence of certain politicians who were urging violent action to secure the eviction of the European missionaries ", intended to submit claims affecting the status of teachers in private schools to the authorities of the Emana mission and that, if those claims were not accepted immediately, the persons concerned would take direct action against the mission authorities. The administrative authorities exercised surveillance locally and surprised some 30 teachers holding a meeting to plan direct action of the kind mentioned above without previously having requested permission to hold a meeting from the sub-prefect. In accordance with the legislation in force in the department in which the emergency legislation (Ordinance No. 60/ 52 of 7 May 1960) was applicable, the persons concerned were arrested and placed in the hands of the public prosecutor. Finally, the Government states that, after being brought before the investigating magistrate, they were detained in Yaoundé prison pending trial by the competent military tribunal on a charge of holding a meeting without prior authorisation.
  657. 657 In previous cases the Committee has followed the practice of not proceeding to examine matters which were the subject of pending judicial proceedings, provided that these proceedings were attended by proper guarantees of due process of law, where such proceedings might make available information of assistance to the Committee in appreciating whether or not allegations were well founded. In Case No. 235 relating to Cameroun, in which the Government explained the procedure before the military tribunals, the Committee followed the same practice.
  658. 658 In the present case the Committee considers it appropriate to follow the same practice and recommends the Governing Body to request the Government to be good enough to inform the Governing Body as to the outcome of the proceedings pending before the military tribunal and, in particular, to forward the text of the judgment, together with the grounds given, and, pending receipt of that information, to defer consideration of this aspect of the case.
• Allegations relating to the Refusal to Negotiate on a Draft Collective Agreement
  659. 659 The complainants allege that the C.C.S.C prepared a draft collective agreement designed to fix conditions of work and remuneration for teachers in private schools and submitted it to the administrations of those schools, but that the draft had never been discussed.
  660. 660 In its reply the Government states that, under the Labour Code, it must, on the request of one of the occupational associations of employers or workers concerned, convene a meeting of a joint committee to conclude a collective labour agreement to regulate relations between employers and workers in any particular branch of activity at the territorial, regional or local level. However, the Government's reply goes on to say that " a collective agreement is a freely negotiated contract; the Government has no statutory power to compel an employer or an association of employers to sign a collective agreement ".
  661. 661 In an earlier case, concerning a complaint submitted by the Guiana Industrial Workers' Union against the Government of the United Kingdom, the Committee noted that the Government had registered the complaining union under the legislation in force, thus enabling it to enter freely into collective agreements. In that case, however, there was no statutory obligation on the Government to enforce collective bargaining by compulsory means, and the Government had left the latter to the parties concerned to settle on a voluntary basis; in those circumstances the Committee considered that the complainant had not offered sufficient proof that trade union rights had been infringed, and it consequently recommended the Governing Body to decide that the case did not call for further examination. The Committee followed the same reasoning and reached the same conclusion in two other cases in which similar facts were alleged.
  662. 662 In the present case, as the allegations are based on substantially similar facts, the Committee considers that the complainants have not offered sufficient proof that trade union rights have been infringed in this particular case and, therefore, recommends the Governing Body to decide that this aspect of the case does not call for further examination.
• Allegations relating to the Lending of the Premises of the C.C.S.C to a Students' Association to Hold a Meeting
  663. 663 It is alleged that the Minister of Labour and Social Legislation requested the C.C.S.C to lend its premises to a students' association of the départements of Ntem-Kribi and Dja-et-Lobo for its annual meeting. The complainants considered that this request, to which they acceded, was a provocative measure and an infringement of freedom of association. In support of their assertions the complainants submitted copies of the official letter containing the request.
  664. 664 In its reply the Government confirmed that such a request was made and stated that the copy of the official letter sent by the C.C.S.C was a true copy of the original. However, it pointed out that the request for the loan of the premises was made on a request from the students' association, which wished to hold its annual meeting in Yaoundé. The Government went on to state that those premises were very rarely used by the C.C.S.C and consequently it was thought that, as an exceptional measure, the premises might be so loaned. In addition, the Government stated that the premises in question always had been and still were, its own property and that, in view of the fact that they were only loaned to the students' association for the morning of Sunday 4 June 1961, it was difficult to argue that that measure constituted an interference with the exercise of trade union rights.
  665. 665 It would appear, from the explanations given by the Government, that the premises in question, which in any case appear to be government property, were loaned in purely exceptional circumstances and that, moreover, the measure was of extremely limited significance, as it related only to one Sunday morning.
  666. 666 In these circumstances the Committee recommends the Governing Body to decide that this aspect of the complaint be dismissed as frivolous.
• Allegations relating to the Wrongful Dismissal of a Worker
  667. 667 The complainants allege that a federal delegate of the union approached an employer to secure the reinstatement of a worker whom the C.C.S.C considered to have been wrongfully dismissed, and that he was rebuffed by the employer, who, according to the copy of the letter supplied by the complainants, suggested that the persons concerned " inform all Cameroun legal authorities " of the matter.
  668. 668 In its reply the Government states: " Unfortunately, trade union officers all too often think that they have a right to approach employers directly and do so, frequently with an intolerable lack of courtesy. Under the circumstances, the surprising thing is that they are astonished when they occasionally receive rebuffs as discourteous as their original approaches." The Government also stated that the trade unionist who was not a special delegate in an undertaking had no business to approach the head of that undertaking to secure redress for a worker, even if he was a delegate of the C.C.S.C.; he should instead have approached the competent Inspector of Labour and Social Legislation, who had all the necessary powers to undertake investigations and enforce his decisions.
  669. 669 It appears from the Government's reply and from the documentary evidence submitted by the complainants that the persons concerned did not make use of the appeals machinery available to them (tribunals, labour inspectors). Moreover, there is nothing in the allegations to indicate that the worker concerned was dismissed on the grounds of trade union membership or activities. The complaint has nothing whatever to say on this subject.
  670. 670 In the circumstances the Committee considers that the complainants have not produced proof to show that there was any infringement of freedom of association in this particular instance and, therefore, recommends the Governing Body to decide that this aspect of the case does not call for further examination.

The Committee's recommendations

1. 671. As regards the case as a whole, the Committee recommends the Governing Body:
   • (a) to decide, for the reasons indicated in paragraphs 659 to 670 above, that the allegations relating to the refusal to negotiate on a draft collective agreement, to the lending of the premises of the Cameroun Confederation of Believing Workers to a students' association for the purpose of holding a meeting, and to the wrongful dismissal of a worker do not call for further examination;
   • (b) to decide with respect to the allegation relating to the arrest of 32 trade unionist schoolmasters, for the reasons indicated in paragraphs 656 to 658 above, to request the Government to be good enough to inform the Governing Body as to the outcome of the proceedings pending against the persons concerned before the military tribunal and, in particular, to forward the text of the judgment, together with the grounds given;
   • (c) to take note of the present interim report with respect to the last-mentioned allegation, it being understood that the Committee will report further thereon when the supplementary information to be requested in accordance with subparagraph (b) above has been received.