Cameroon

"Article 3 of the Convention. Act on the suppression of terrorism. In its comments relating to the Act on the suppression of terrorism (Act No. 2014/028 of 23 December 2014), the Committee has drawn the Government’s attention on several occasions to the wording of section 2(1), under the terms of which “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 damage to property or harm natural resources, the environment or the cultural heritage with the intention of: (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, adopting or renouncing a particular position or act according to certain principles; (b) disrupting the normal operation of public services or the delivery of essential public services, or creating a public crisis …”. The Committee has repeatedly expressed deep concern at the fact that some of the situations envisaged in the Act of 23 December 2014 could apply to acts related to the legitimate exercise of activities by the representatives of trade unions or employers in accordance with the Convention, with particular reference to protest action and strikes that would have direct repercussions for public services. The Committee also recalls that, in light of the penalty that may be imposed, such a provision could be particularly intimidating for the representatives of trade unions or employers who speak out or take action within the context of their duties. In this regard, it notes the observations of the UGTC to the effect that the Act has made trade union action more fragile since its adoption. The Committee notes that the Government emphasizes that the wording of section 2 of the Act respecting the definition of “terrorist act” is inspired, among other sources, by the Organization of African Unity (OAU) Convention on the Prevention and Combating of Terrorism and its Protocol (1999). It also notes that, according to the Government, no individuals have been prosecuted in the national territory for acts of terrorism following trade union protests. While noting this information, the Committee once again urges the Government to take the necessary measures to amend section 2 of the Act on the suppression of terrorism to ensure that it does not apply to the legitimate activities of workers’ and employers’ organizations, which are protected under the Convention. In the meantime, the Committee urges the Government to continue providing information on the measures taken to ensure that: (i) the implementation of the Act does not have harmful consequences on officials and members engaged in their functions and performing trade union or employer activities in accordance with Article 3 of the Convention; and (ii) the Act is enforced in such a way that it is not perceived as a threat or intimidation towards trade union members or the trade union movement as a whole."