Abstract

This study aims to assess the scope of workers’ fundamental rights, particularly the right to strike, as guaranteed in pertinent international agreements. It involves an analysis of the obligations placed on member states that have ratified these agreements and an evaluation of Cameroon’s compliance with its international legal obligations stemming from the ratification of these instruments. The study contends that the government of Cameroon has not completely adhered to its commitments arising from the ratification of the relevant international agreements. Furthermore, it suggests, among other things, that legal reforms and raising public awareness are essential for the government to fully meet its international obligations concerning the regulation of trade unions.

Chapter 1: Introduction

1.1 Background to the Study

A labor strike, often referred to as a strike, is a work stoppage characterized by the collective refusal of employees to work. Strikes typically occur in response to labor-related grievances. Their historical prevalence traces back to the Industrial Revolution, where a burgeoning industrial workforce began to play a crucial role in factories and mines. During that era, many countries deemed strike actions illegal due to the significant power imbalance favoring factory owners over workers. In the late 19th and early 20th centuries, several Western nations gradually legalized strikes.

Strikes can serve various purposes, such as pressuring governments to alter policies or challenging specific political parties or rulers, which is often part of broader civil resistance movements. A notable example is the Gdansk Shipyard strike in 1980, led by Lech Wałęsa, a pivotal event in the campaign for political change in Poland, contributing to the fall of the Iron Curtain and the end of communist rule in Eastern Europe.

The first historically documented strike occurred in 1152 BC when artisans in ancient Egypt’s Royal Necropolis at Deir el-Medina protested due to unpaid wages. The first reference to a labor strike in Jewish history can be found in the Talmud, which mentions a strike by the bakers responsible for the showbread prepared for the altar.

An early precursor to the general strike could be traced back to the secessio plebis in ancient Rome, representing one of the first instances of strike actions in history. During the Industrial Revolution, when a significant industrial working class emerged, strikes became a prominent feature of labor relations, sparking worker consciousness. The Chartist movement in Britain in the 1830s reflects this awakening of working-class identity.

In 1842, demands for fair wages and improved conditions led to the first modern general strike in Britain. The strike started in Staffordshire’s coal mines and quickly spread throughout the nation, involving over 500,000 workers. Strikes evolved into a fundamental component of industrial relations in the 19th century, allowing workers to collectively negotiate better standards and wages.

The International Covenant on Economic, Social and Cultural Rights adopted in 1967 and the European Social Charter adopted in 1961 guarantee the right to strike in their respective articles.

Statement of Problem

Although the right to strike is explicitly protected by international labor organizations and the Cameroon labor code, issues arise in practice. For instance, in 2008, the Confederation of Free Trade Unions in Cameroon (CSAC) raised concerns about anti-union tactics used by human resources management at SIAC-Brasserie Isenbeck during its takeover by Société Anonyme des Brasseries du Cameroun. Employees belonging to the Wouri Food Workers’ Union (SATIAW), affiliated with the CSAC, reported threats and intimidation, pushing for tripartite negotiations with management-favored workplace representatives.

The study aims to investigate the root causes of these problems and provide policy recommendations for resolution.

1.3 Research Questions

1.3.1 General Research Question

To what extent is the right to strike protected under the Cameroonian legal system?

1.3.2 Specific Research Questions

1. What international provisions pertain to the right to strike?
2. What role do Cameroonian laws play concerning the right to strike?
3. How effective are Cameroonian laws and institutions in safeguarding the right to strike?
4. What policy recommendations can address these issues?

1.4 Objectives of the Study

1.4.1 General Objective

This research aims to critically examine the right to strike within the Cameroonian legal system.

1.4.2 Specific Objectives

1. To analyze the international framework for protecting the right to strike.
2. To assess the role of Cameroonian laws and institutions in safeguarding the right to strike.
3. To evaluate the effectiveness of Cameroonian laws and institutions in upholding the right to strike.
4. To provide policy recommendations for addressing these issues.

1.5 Research Methodology

This research employs a qualitative research method, primarily involving content analysis. The study utilizes both primary and secondary data sources. Primary data will be derived from relevant statutes and legal cases, while secondary data will be drawn from textbooks, journals, articles, magazines, and online resources.