Freedom of Trade Union Membership under the 1992 Labour Code of Cameroon: A Legal Appraisal

Abstract

Trade unions defend workers’ interest and act as agents of development. By virtue of the International Labour Organisation Convention No. 87 on Freedom of Association of Workers and Protection of the Right to Organise, workers are free to form and belong to trade unions of their choice. The Convention leaves the question whether the freedom to belong to a trade union also include the freedom not to belong to a trade union at the determination of national legislation. As a result, membership in a trade union is a call for concern in many countries. The main objective of this paper is to ascertain whether the 1992 Labour Code of Cameroon gives workers the freedom to join trade unions in compliance with international labour law standards. To attain this objective, we adopted a doctrinal methodology which is based on primary and secondary data. Our findings revealed amongst others that the Labour Code gives workers the discretionary freedom to belong to a trade union and restrict same. This contradiction has led to the violation of freedom of trade union membership in Cameroon. As such, it is recommended that the Labour Code should be amended and a clear-cut provision be provided as such in employment relationship in Cameroon.