LE DROIT A LA SECURITE ET A LA SANTE AU TRAVAIL DES AGENTS DE L'ADMINISTRATION AU CAMEROUN: POUR UNE PROTECTION PRINCIPALEMENT PREVENTIVE ET ACCESSOIREMENT CURATIVE.

Consecutively to the right to social security under Convention n° 102, to benefits in the event of accidents at work and occupational diseases under Convention 121, to the right to occupational safety and health provided for in article 7. b of the international Covenant on Economic, Social and Cultural Rights (ICESCR) and the right to health enshrined in article 12 al. 1, which logically follows from the right to social security recognized in article 9 of the same Covenant, the International Labour Organization (ILO) has agreed to look into the specificity of workers, including in the public service, to provide States with the means and techniques for preventive protection of benefits linked to occupational risks, specifically of a right to safety and health workers have become fundamental. However, this preventive protection cannot be thought of effectively if it does not lead to curative protection in the event of a risk occurring. It is therefore a mainly preventive and secondarily curative protection of the public official that we want to rethink in this article. A protection which requires the State to take positive measures to satisfy them to the maximum of the available resources, and as far as is reasonable and feasible. This article is intended as a contribution to strengthening the effective implementation of the national policy and system of protection of benefits related to occupational risks of civil servants. It is a question of questioning the deployment. Under the logic of action and through epistemological and empirical analyses, the protective responsibility of the State has been put on the spot. But we also considered raising awareness and informing the public official himself about this prerogative which is his and which he sometimes ignores. Thus, it was deemed appropriate to question the effectiveness of this fundamental right, and the means of bringing it to effectiveness, in its dual preventive and curative dimension, as far as is reasonable and practically achievable. To do this, the organization of ideas combines with analytical methods and research and data collection techniques. It was then realized that State of Cameroon organizes this protection both in decree n° 78-484 of November 9, 1978, relating to State agents subject to the labor code and its protection mechanisms, and in the genera of the state civil service; all this on the basis of reception of the provisions of the Pact of 1966 to which it acceded on June 27, 1984, of conventions n° 102 and n° 121 yet not ratified and of convention n° 155 of the ILO which it will have ratified only very recently. Only, this consecrated protection in itself seems even less effective and therefore not very effective, since it suggests some bottlenecks in its implementation. A normative reorganization and a revitalization of the control and protection mechanisms now appears to be and effective strategy in this protective commitment of the State. In this way, he will emerge from his normative and institutional fetishism, which resolves itself into a legalistic consecration, to effectively give the effect to the norms that he himself will have prescribed. [ABSTRACT FROM AUTHOR]