The two documents are available in the Cameroon Tribune newspaper of this Thursday, July 28 and in the latest issue of the Industrial Subcontracting magazine published by the SPX.  Evariste Yameni, the Executive Director of the Subcontracting and Partnership exchange justifies the raison d’être of a charter.

Why a Charter of good practice in Subcontracting?

Subcontracting is the operation whereby a contractor entrusts by contract and under his responsibility, to another (legal) person called a subcontractor, all or part of the of the execution of the contract or part of the contract concluded with the project owner. There is therefore a business relationship that arises between the two parties and which automatically leads to responsibilities of one party to the other and vice versa. This is usually embodied in a contract. This is a common practice, except that the contract must arise from a material that would feed into this type of business relationship. It is this material that the SPX and its partners have chosen to design and to name the "Charter of best practice in subcontracting". This charter therefore aims to develop best practice between subcontractors and main contractors in order to facilitate and balance their contractual relations. It takes into account the subcontracting contract, which may be different for each contract, "to lay down the respective rights and obligations to which the subcontractor and the project owner are committed, the financial conditions, penalties or possible compensation..." The charter is therefore unique, whereas contracts may be modified according to the type of service.

Why is it urgent today?

The urgency lies in the absence of such materials until now. Moreover, the government is committed alongside many actors including the BSTP, professional organisations to clean up the business environment in Cameroon, to make local companies and mainly SMEs/SMIs a key development driving force. The SPX, with the full support of the government, has thus initiated the preliminary draft of a law on subcontracting. A multi-stakeholder commission has worked extensively on the Ministry of Small and Medium Sized Enterprises for further procedures. While waiting for the law, it is advisable to have a document that serves as a "gentleman's agreement", a "reference document issue and for some time now the drafting of this preliminary project has been underway at the in contractual relations" between the various actors in subcontracting. We call on all the professional organisations and all the players in the subcontracting sector to take account of this charter and this model contract.

Attachment(s) :
charte et contrat type pour impression_version française.pdf
charte et contrat type pour impression_version anglaise.pdf