Cameroon

The ITUC affiliates in Cameroon are the Centrale Syndicale du Secteur Public (CSP), the Confédération des Syndicats Autonomes du Cameroun (CSAC), the Confédération Syndicale des Travailleurs du Cameroun (CSTC) and the Unions des Syndicats Libres du Cameroun (USLC).
Cameroon ratified Convention No. 87 on Freedom of Association and Protection of the Right to Organise (1948) in 1960 and Convention No. 98 on the Right to Organise and Collective Bargaining (1949) in 1962.
Legal
Freedom of association / Right to organise
Freedom of association
The right to freedom of association is enshrined in the Constitution.
The right to freedom of association is recognised by law but strictly regulated.
Anti-Union discrimination
The law prohibits anti-union discrimination, but does not provide adequate means of protection against it.
Barriers to the establishment of organisations
- Prior authorisation or approval by authorities required for the establishment of a union
- A trade union shall not have legal existence until the day on which a certificate of registration has been issued to it by the registrar of trade unions (section 6, Labour Code).
- Sanctions imposed for organising or joining an organisation not officially recognised
- Sections 6(2) and 166 of the Labour Code impose penalties for persons establishing a trade union which has not yet been registered and acting as if the said union had been registered.
- Restrictions on trade unions’ right to establish branches, federation and confederation or to affiliate with national and international organisations
- Section 19 of Decree No. 69/DF/7 of 6 January 1969 provides that trade unions of public servants may not affiliate to an international organisation without obtaining prior authorisation
Restrictions on workers’ right to form and join organisations of their own choosing
- Restrictions on workers’ right to join the trade union of their choosing imposed by law (i.e. obligation to join a trade union of a certain level e.g. enterprise, industry and/or sector, regional and /or territorial national)
- No one shall be a member of a trade union unless he is in fact gainfully employed at the time of his joining it (section 7, Labour Code). Further, it is illegal to form a union that includes both public and private sector workers.
Restrictions on trade unions’ right to organise their administration
- Restrictions on the right to elect representatives and self-administer in full freedom
- Section 21 of the Labour Code regulates the circumstances in which an employer may deduct trade union contributions of employees from their wages. Specifically, it states that the deduction of contributions at source shall be permitted only (1) if an agreement to that effect has been concluded between the employer concerned and the trade union to which the contributions are to be paid; and (2) If the worker has agreed with such procedure by signing a form jointly accepted by the employer and the trade union, or if he or she can neither read nor write, by affixing his finger prints.
- Restrictions on the right to freely organise activities and formulate programmes
- Any activity of a trade union that is not connected to the study, defence, promotion and protection of workers' interests shall be prohibited (section 3, Labour Code).
- Administrative authorities’ power to unilaterally dissolve, suspend or de-register trade union organisations
- The registrar may cancel the registration of a trade union or employers' association if it is established (a) that the certificate of the registration was obtained by fraud; (b) that the registered union or association has wilfully violated any provision of the Labour Code or carried out non-statutory activities; (c) that the registered union or association has ceased to exist (section 13, Labour Code).
- Other external interference allowed by law
- In 2014, the Government of Cameroon adopted the Suppression of Terrorism Act (No. 2014/028 of 23 December 2014) which severely curbs civil liberties in the country. Pursuant to section of the Act, “the death penalty shall be imposed on anyone who … commits or threatens to commit any act that may cause death, endanger physical safety, result in bodily injury or property damage or harm natural resources, the environment or the cultural heritage with the intention of: 1.a) intimidating the public, causing a situation of terror or forcing a victim, the Government and/or a national or international organization to carry out or refrain from carrying out a given act, adopt or renounce a particular position or act according to certain principles; 2.b) disrupting the normal operation of public services or the delivery of essential public services, or creating a public crisis”. This broadly formulated section could potentially be used to limit the legitimate exercise of trade union activities, including protests.
Categories of workers prohibited or limited from forming or joining a union, or from holding a union office
- Other civil servants and public employees
- The existence in law of a trade union or occupational association of public servants is subject to prior approval by the Minister of Territorial Administration (Act No. 68/LF/19 of 18 November 1968). The Labour Code does not apply to staff governed by any of the following: - the General Rules and Regulations of the Public Service; - the Rules and Regulations governing the Judicial and Legal Service; - the Special Rules and Regulations of Prison Administration Civil Servants; - the special provisions applicable to auxiliary staff (section 1(3), Labour Code).
- Non-national or migrant workers
- Aliens must have resided for not less than five years in the territory of the Republic of Cameroon before applying for registration of a trade union (section 10(2), Labour Code).
Others restrictions
- Others restrictions
- It is illegal to form a union that includes both public and private sector workers.
Right to collective bargaining
Right to collective bargaining
The right to collective bargaining is recognised by law but strictly regulated.
Restrictions on the principle of free and voluntary bargaining
- Prohibition or limitation of collective bargaining at a certain level (local, regional, territorial, national; enterprise, industry, sector or general)
- A collective agreement regulating labour relations in an enterprise or group of enterprises (“enterprise collective agreement”) may apply at the national, interdivisional or local level. A collective agreement regulating relations in one or more branches of activity (“national collective agreement”) must apply to the whole territory (section 52(1) and (3), Labour Code; Art. 3, Decree No. 93/578 of 15 July 1993 on the substantive and procedural conditions of collective agreements). Where a national collective agreement has been concluded, an enterprise collective agreement may not be made in an enterprise in the same branch of activity, with the exception of company agreements made to adapt provisions of the national agreement to the particular conditions of the enterprise (Art. 3, Decree No. 93/578 of 15 July 1993 on the substantive and procedural conditions of collective agreements; section 57, Labour Code).
- Authorities’ or employers’ power to unilaterally annul, modify or extend content and scope of collective agreements
- The scope of a collective agreement regulating relations in one or more branches of activity may be extended to cover employers and workers within the industrial and territorial coverage of the said agreement, at the request of one of the most representative trade unions or employers' associations or on the initiative of the minister in-charge of employment and after the National Labour Advisory Board has given its reasoned opinion (section 53, Labour Code; art. 3 and Chapter IV, Decree No. 93/578 of 15 July 1993 on the substantive and procedural conditions of collective agreements).
Restrictions on the scope of application and legal effectiveness of concluded collective agreements
- Restrictions on the duration, scope of application or coverage of collective agreements
- All collective agreements are to be of indefinite period. Unless otherwise stipulated in the collective agreement, a collective agreement may only be terminated on three months’ notice (art. 5, Decree No. 93/578 of 15 July 1993 on the substantive and procedural conditions of collective agreement).
Undermining of the recourse to collective bargaining and his effectiveness
- Employers’ discretionary right to refuse to bargain with representative trade unions
- No legal mechanism is established by which a trade union can compel an employer to enter into collective bargaining negotiations.
Right to strike
Right to strike
The right to strike is enshrined in the Constitution.
The right to strike is recognised by law but strictly regulated.
Barriers to lawful strike actions
- Compulsory recourse to arbitration, or to long and complex conciliation and mediation procedures prior to strike actions
- For strike action to be lawful, the parties must exhaust the processes of conciliation and arbitration established by sections 158 and 161 of the Labour Code. Failure to appear at the conciliation proceedings shall be punishable by a fine of between 50,000 and 500,000 francs. In order to avoid an arbitration award taking binding effect, a party to the dispute must apply for a stay of execution, made by registered letter to the local Inspector of Labour and Social Insurance (sections 157-165, Labour Code).
Ban or limitations on certain types of strike actions
- Restrictions with respect to type of strike action (e.g. pickets, wild-cat, working to rule, sit-down, go-slow)
- A strike shall be collective or concerted refusal by all or part of the workers of an establishment to comply with the normal labour rules, in order to bring the employer to meet their demands or claims (section 157, Labour Code).
Undermining of the recourse to strike actions or their effectiveness
- Excessive civil or penal sanctions for workers and unions involved in non-authorised strike actions
- Where a strike is taken in contravention of the procedures established by ss 158-164, the workers involved may (1) see their contracts terminated on grounds of serious misconduct; (2) be punished with fine of from 20,000 to 100,000 CFA francs (section 165(1)(b), Labour Code).
Limitations or ban on strikes in certain sectors
- Other limitations (e.g. in EPZs)
- Only wage-earning workers are permitted to take lawful strike action in accordance with Chapter II of Part IX of the Labour Code (section 157).
In practice
According to the CTSC, the Labour Ministry encourages the creation of unions without any representativeness with a view to undermining representative organisations. It also disregards the criteria established for the representation of workers in the country’s institutions, which most often appoint unrepresentative organisations rather than representative trade unions.
Ten union representatives from the Douala Urban Community have been awaiting a court decision on their reinstatement since April 2017. They were dismissed by the Douala municipal authorities for taking part in a strike.
Brasseries du Cameroun, part of the multinational Castel Group, refused for months to enter into negotiations on an incentive bonus for its employees, despite the recommendation made in the national collective agreement for the manufacturing industry. It is also refusing to apply the company agreement on overtime pay for Sundays.
When the brewery’s workers filed notice to strike, the labour authority convened a tripartite meeting on the day the action was due to start, to negotiate some of their demands. The strike was therefore suspended, but the company refused to negotiate with the representative unions.
The management then suspended the contracts of the three main union leaders and their dismissal was confirmed by the authorities on the grounds that they had made defamatory remarks about the company.
The representatives dismissed were Papana Bondoa Yves William, president of the Mfoundi branch of the food industry union, representative of the employee delegates and employee delegate at Group level; Kouotchop, president of the MIFI branch of the food industry union, representative of the employee delegates and employee delegate at Group level, and Mbarga Pie-Claude, representative of the employee delegates and employee delegate at Group level. The suspension of their employment contracts was announced on 15 June 2019 and their dismissals were confirmed on 5 August 2019.
Joseph Olinga Ndoa, trade union representative and bureau manager at Le Messager newspaper, was arrested in Bafoussam on Saturday 3 November 2018 by plainclothes police officers. According to witnesses, he was punched, kicked, clubbed and dragged along the floor for several metres before being taken away in a van. He was held in a secret location and received no visits or medical care for three days before being released. On 8 November he was summoned to appear before the Court of First Instance in Bafoussam on charges of “rebellion”. According to the journalist, he had gone there to do a report after receiving a radio communiqué from the sub-prefect of Bafoussam ordering bars to close at 9 p.m. on the eve of the demonstration to be held in the city by the Cameroon Renaissance Movement (MRC), the party led by Maurice Kamto, which was contesting the result of the presidential election.
The sub-prefect of Yaoundé 2 district prohibited a press conference called by the national union of urban and interurban drivers and transporters SYNACTUIRCAM, scheduled for 18 September 2017 at its headquarters in the labour exchange (Bourse du Travail) in Yaoundé. On arriving in the morning, the trade unionist found the premises surrounded by the police. The reasons set out in the order signed by the administrative authority were non-compliance with the legal formalities in terms of prior notification and threats to public order. According to the organiser of the conference, work meetings ordinarily take place in the various offices without prior notification. The press conference had been called to provide information about the general strike organised for 25 September. This prohibition not only violates the right of trade unions to hold meetings on their premises without prior authorisation but also the right to freedom of expression through the press.
Jean Marie Zambo Amougou, president of the national trade union centre CSTC, a member of the ILO governing body and an employee of Maetur, was arrested and then jailed on 14 July 2017 for abuse of office, absenteeism and misappropriation of public funds. Following a hearing by a special criminal tribunal, Jean Marie Zambo Amougou was remanded in custody for six months.
The complaint that led to the trade unionist’s arrest reportedly came from Louis Roger Manga, the new managing director of Maetur. Prior to his arrest, Jean Marie Zambo Amougou had led several strikes as the trade union representative at the company. The new management reportedly responded by denying him access to his workplace, suspending his pay and calling for his dismissal on grounds of absenteeism. The Ministry of Labour and Social Security had opposed the dismissal, deeming there to be insufficient evidence.
Cameroon’s trade unions called for a general strike to be held in January 2018 as a sign of protest.
After trying in vain to dissuade doctors from observing the strike scheduled for 17 April, the Public Health Ministry published, on 13 April 2017, a statement declaring SYMEC illegal. The leaders of the trade union were detained for breaching the law and medical ethics. The trade union leaders immediately responded to what they considered to be an act of intimidation, insisting that the trade union had submitted the dossier regarding the constitution of the organisation to the prefecture of Yaoundé and was not therefore illegal.
A ministerial order published on 17 January placed a nationwide ban on all the activities, meetings and demonstrations of the Cameroon Anglophone Civil Society Consortium, CACSC, formed by lawyers’ associations and teachers’ trade unions. The organisation, which since October 2016 has been denouncing the marginalisation of the English-speaking community, had organised peaceful solidarity activities and called for all protests to be conducted without violence. On 16 and 17 January, it had headed “Operation Ghost Town” across the west of the country. The ministerial order stated that the organisation violated the constitution and was a threat to national security, territorial integrity, national unity and national integration. Several people, including the president of the CACSC, Barrister Nkongho Felix Agbor-Balla, and its general secretary, Fontem Afortekaa Neba, were arrested. It was not until the end of August that a decree put an end to the judicial proceedings against the English-speaking leaders being held in jail, and that over 50 of the people arrested were released.
Serious social discontent came to the surface in October in the largely English-speaking regions in the west of Cameroon. A lawyers’ strike on 11 October led to violence during two protest marches held at the beginning of November in Bamenda and Buea. The police attacked demonstrators with batons and teargas. The gowns and wigs worn by a number of lawyers were torn from them and confiscated. On 21 November, the teachers’ trade unions also went on strike. The two professions were protesting against the marginalisation of English in schools and law courts, despite the principle of bilingualism being enshrined in the Constitution. The minimal concessions made by the national authorities, the attempts to discredit the two unions and the police violence only contributed to exacerbating the tension in the cities already largely opposed to the ruling party. According to Amnesty International and the UN High Commission on Human Rights, the “unjustified and excessive” use of police force culminated between 23 November and 8 December, leaving between two and four people dead and many injured. Over 100 people were arrested and imprisoned. Two independent radio stations were temporarily shut down and Internet was cut off for weeks.
On 6 September 2016, Education International and its affiliates from the education trade union platform denounced the extremely long delays in processing the legal recognition of eight teaching unions. Some applications date back as far as 1991. The situation is a reflection of the administration’s hostility towards trade unionists and the real obstacles to trade union activities. The government has, in addition, shown no willingness to implement the agreements concluded with trade unions in both public and private education. Trade unions continue to be excluded from the consultation structures in the sector.
On 30 August 2016, the CSTC (Confédération syndicale des travailleurs du Cameroun), affiliated to the ITUC, denounced the authorities’ interference in its internal affairs following the Labour Ministry’s recognition of a faction claiming to have been elected as the confederation’s executive, despite a court ruling invalidating the election in question. The CSTC also criticised the Labour Ministry’s unilateral appointment of workers’ representatives to national collective bargaining commissions, without regard for the representativeness of the organisations in the sectors concerned.
Several trade union centres criticised the undermining of trade union elections in March 2016, denouncing the dubious conduct of labour inspectors and their lax attitude with regard to employers unwilling to accept trade unions. Many of those agreeing to hold trade union election colluded with labour inspectors to rule out genuine representation and to appoint supposedly independent workers’ representatives. Many workers were reluctant to stand as candidates for fear of the reprisals they would face from their employers. At Placam, in the wood sector, the personnel manager not only prohibited members of the FSTCB (Fédération syndicale des travailleurs de la construction/travaux publics/bois du Cameroun) from taking part in the election but went on to dismiss all 168 of them shortly afterwards.
Fako Independent Allied Agricultural Workers Union (FINAAAWU) requested its registration as an enterprise trade union at Cameroon Development Corporation in November 2015. It took more than four months for the registration certificate to be issued. In the meantime, FINAAWU representatives were not able to participate in the election for the work council, which was held on 1 March 2016. Mr Nganso Appolinaire from the trade union DISAWOFA was elected as a result of the election. However, the company refused to recognise the results of the election.
On 9 October 2015, trade unionists Agbor Valantine and Ukwandum Samuel were arrested and detained in Limbe Police station on instruction of Fako Division of the South West Region. The two trade unionists that suffered arbitrarily detention were trying to sensitise their colleague with respect to the enormous interference public authorities and the Cameroon Development Corporation (CDC) had in the activities and internal organisation of Fako Agricultural Workers Union (FAWU). It was, in fact, during the annual FAWU congress in Limbe that CDC management and public authorities tried to influence the trade union elections by bringing in the conference hall gendarmes, police and army to manipulate the vote in favour of their chosen candidates
In August 2015 the Secretariat of the Divisional Syndicate of Agricultural Workers in Fako (DISAWOFA) was attacked: its doors were destroyed and documents were stolen. The act of vandalism and intimidation was reported to the Tiko legal department and police, but no investigation has been carried out.
On 11 and 12 July, police brutally supressed a strike launched by employees at the Menve’le dam building site. According to the strikers, police fired teargas and live ammunition at the crowd. Ten strikers were reportedly hospitalised, including two women, and several arrests were made. On 17 July, the press covered renewed violence. The striking workers, backed by the Confédération Camerounaise du Travail (CCT), denounced the abuses suffered at the hands of the employer, the Chinese company Sinohydro, including sexual harassment, corruption, unfair dismissals, poor working conditions, etc. According to the employer, only a minority of the 1,448 workers were at the root of the dispute. This show of force nonetheless prompted the Labour and Social Security Minister to intervene personally to secure a pledge from the employer to establish social dialogue and better working conditions.
The Free Trade Union Confederation of Cameroon, USLC, says employers often delay transferring unions dues, deducted through the check-off system, to the unions, thereby starving them of funds. It also says there has been interference and manipulation in union elections by employers, affecting most recently health workers in Mfoundi, and construction workers employed by Chinese companies.
The Free Trade Union Confederation of Cameroon (Union des Syndicats Libres du Cameroon – USLC) reported that members of the financial workers’ union FESYLTEFCAM at the multinational ATTIJARIWAFA bank regularly suffer verbal harassment by management, and that there had been several cases in which the union representative had been moved to a different post, without informing the labour inspector. The harassment has been so persistent that the union is thinking of withdrawing from the next union representation elections due to be held in January 2016.
The USLC also reports that there is blatant discrimination in the banking sector in general, with employers usually preferring to deal with only one union and ignoring the rest.
Jean Collins Ndefossokeng, president of the National Union of Land Transport Sector Employees (SYNESTER), and Joseph Deudie, president of the National Union of Professional Drivers and Transport Workers of Cameroon (SYNACPROTCAM), were arrested on 16 January 2015. They were detained by the Mobile Intervention Group of Yaoundé, the security forces, for “advocating crime, sedition and terrorist activity” after distributing leaflets promoting a planned strike.
Cameroon’s new terrorist law, N° 2014/028 of 23 December 2014, was introduced largely in response to the activities of Boko Haram. The union leaders warned that the authorities were trying to assimilate union activities with terrorist action.
The two unions had planned a strike on 19 January, postponed from 5 January, to protest against changes imposed by state-approved insurance companies, and against fuel price rises. In organising the strike, the unions had followed all Cameroon’s legal procedures.
On 19 January, Fioko Patrice, from the National Union of Land Transport Sector Employees (SYNESTER) union, was arrested, tried and sentenced to six months in prison in Cameroon on the same charges after distributing leaflets promoting the strike.
Jean Collins Ndefossokeng and Joseph Deudié were released on 30 January, having been held for 15 days under the provisions of the new anti-terrorist law. Fioko Patrice was released on 27 February, having served six weeks of his six-month sentence, after widespread union protests, including an international trade union campaign. In early March it was announced that all charges against the three trade unionists had been dropped.
Workers at the Hevecam plantation went on strike on 14 December during a dispute over pay. The workers were seeking a 100 per cent pay rise and a thirteenth month annual bonus. The company offered between 50 and 55 per cent, depending on their salary grade, and no annual bonus. By 20 December there was still no solution in sight, and gendarmes were patrolling the plantations to keep an eye on the strikers. One hundred twenty-seven workers were arrested by the gendarmes and held in custody in Kribi for two days. They were released on 25 December. Further to negotiations an agreement was reached, meeting most but not all of the workers’ demands.
Roger Kaffo Fokou, general secretary of the Syndicat national autonome de l’enseignement secondaire (SNAES), the independent union for secondary education workers, reported that in July 2014 the education unions were facing sanctions. He warned that grass roots unions were being dismantled, and that the government was favouring unions that had government authorisation, giving them financial support. Earlier in the year the unions had been involved in a series of strikes over the government’s slowness to deliver on promised improvements in working conditions.
On 8 November 2012, approximately 500 members of the Musicians’ Union of Cameroon (SYCAMU) were brutally attacked by police in Yaoundé. Artists, including 85 year old Anne-Marie Nzié, known as the “Queen of Cameroonian Music” were dragged to the floor and beaten. Sixty-three musicians were arrested and held for hours before being released. SYCAMU members were protesting that a new agreement for the payment of royalties to artists has not been properly enforced.
Since May 2012, management of the company Orange, targets trade union leaders who have received notifications with unilateral changes to their employment contracts.
The recent signature of several collective agreements has rarely had any effect in practice. Trade unions considered too demanding or too independent have been excluded from negotiations, for example in the banking sector. The National Union of Journalists of Cameroon (SNJC) denounced the failure to implement the collective agreement adopted in 2008 after three years of bitter negotiations by the majority of press barons. At the Cameroon Water Company, one of the demands of workers taking strike action at the beginning of May was the revision of a 40-year-old collective agreement. Social dialogue has generally been scorned by employers in both the private and publicle sector. On 1 May half a dozen education unions demanded the establishment of a permanent framework for social dialogue, denouncing the total absence of negotiation in primary and secondary education.
In recent years, the government has favoured those workers’ organisations it sees as easier to control and used excessively strict union registration requirements to withhold recognition from trade unions it deems too independent. One example is the public service confederation, CSP, one of the country’s seven trade union centres, which has not been recognised since it was formed in the year 2000. Its members often face harassment. The May Day demonstration that the CSP regularly organises on the fringes of the official commemoration was banned the day before at 9 pm. Jean-Marc Bikoko, the president of the CSP and the coordinator of the Platform for Information and Action on Cameroon’s Debt, was the target of acts of intimidation: he was warned in anonymous phone calls that the intelligence services were following everything he did and said very closely.