The Protection of Documented Migrant Workers’ Right to Freedom of Association in International law: An Appraisal of the Case of Cameroon

Abstract

This paper examines the protection of the rights of migrant workers to freedom of association in Cameroon as the basis of the attainment of all other work-related rights under international law. The paper conceptualizes the term “migrant worker” and analyses their protection under the International Labour Organization (ILO) Convention 97 on migration for employment 1949, Convention 143 on migrant workers (Supplementary Provisions)1975 and their two recommendations amongst others, and the United Nation Convention on the Protection of the Rights of all Migrant Workers and Members of the families as well as the Cameroon Labour Code of 1992. In this light, the paper discusses the extent to which Cameroon honours her international obligations under international labour instruments regarding the protection of migrant workers and their rights to freedom of association. The scope of the freedom of association discussed herein is limited to the right of migrant workers to join trade unions. The arguments in this paper are buttressed by the regular referencing of labour practices obtained in other ILO member states like the Gulf States and South Africa. This paper concludes by arguing that Member States ought to review their commitments in the enforcement of the rights of migrant workers to freedom of association because being members ILO confers on them the obligation to protect this right.