Les exploitations minières chinoises du département de la Kadey et le respect des normes nationales et internationales en matière des droits des travailleurs (2001-2016) droit

Abstract

The legislation and regulation of mining activities experienced a remarkable advancement in Cameroon between 2001 and 2016. This was marked by the historical adoption of the first mining code in 2001, followed by its implementing decree a year later, the establishment of the SFPAM (Support Framework for Promoting Artisanal Mining) in 2003, and Cameroon’s admission to the Kimberley Process in 2013. This progress is attributed to the state’s determination to make the extractive sector a catalyst for its development, while remaining faithful to its international commitments regarding labor rights and the protection of environment. The present study focuses on “Chinese mining operations in the Kadey division and compliance with national and international labor rights standards (2001-2016)”. The theme raises the issue of practices that are inadequate with national and international standards regarding labor rights in Chinese mining operations in the Kadey division. The work objective is to understand the functioning of Chinese mining operations in this area. In other words, it aims at assessing Chinese mining practices in relation to mining sector and labor law standards in force in Cameroon. From an interactionist perspective, it appears that a new society is being created in the Kadey division, linked to changing attitudes towards mining activities. This research allows for the questioning of the compliance on labor standard laws applied by the Chinese engaged in mining activities in the Kadey division. In order to obtain the expected objective of our research, we adopted a methodological approach based on questioning, interviews, direct observation, and documentary research. The analysis, quantitative and qualitative processing of the collected data, was carried out through description, interpretation, and comparison of variables. Its appears that the abundance of mineral resources in the Kadey has led to a rush of Chinese mining operators with varied statutes. While some of these operators strive to comply with the numerous mining measures and objectives contained in Cameroon’s mining policy, a significant numbers operates in secrecy and illegality. However, this latter category of actors remains predominant, and their actions have negative impact on socio-economic domains and environment making Cameroon a “bad student” in term of promoting decent work and protecting the environment. Hence, there is the need to improve mining policy in Cameroon, to call for a collective awareness among stakeholders about the adverse effects of unregulated mining on human rights and sustainable development on one hand, and to intensity education efforts towards local populations in mining communities on the other hand.