Texts of pending comments

The Committee notes the observations of the General Union of Workers of Cameroon (UGTC), received on 16 September 2021. The Government is requested to provide its comments in this regard.

Article 2 of the Convention. Consultation procedures. The Committee welcomes the Government’s first report on the application of the Convention. The Government indicates that, in practice, employers’ and workers’ organizations are consulted on certain labour-related matters through workshops, meetings, working sessions and through the International Labour Office. The Government also indicates that, under the current situation in law and practice, tripartite consultation procedures are regulated by the Labour Code and some of its implementing texts. These procedures are applied through the National Labour Advisory Commission, the National Occupational Safety and Health Commission and the Consultation and Social Dialogue Follow-up Committee. However, the Government adds that, since the ratification of the Convention in 2018, no measures have been adopted for the establishment of tripartite consultation procedures. The Government further indicates that laws and regulations are under preparation to ensure the application of the Convention and its dissemination so that the social partners can be consulted on all subjects. In this context, the Committee wishes to recall that, while effective tripartite consultations on international labour standards facilitate tripartite cooperation at the national level, the objective of the Convention is to promote effective tripartite consultations on the matters relating to international labour standards set out in Article 5(1) of the Convention. The Committee notes the creation of the Committee for the Evaluation and Follow-up of the Application of the ILO Conventions ratified by Cameroon (CESAC) (Order No. 000058/MINTSS of 27 February 2018). The Committee requests the Government to provide detailed and updated information on the progress achieved in relation to the establishment and operation of procedures to ensure the effective tripartite consultations required by the Convention, and particularly on the implementation of Order No. 000058/MINTSS of 27 February 2018 and the commencement of the work of the tripartite Committee for the Evaluation and Follow-up of the Application of ILO Conventions (CESAC).

Article 5. Effective tripartite consultations. The Government indicates that the CESAC, set up in the Ministry of Labour and Social Security, meets once a year. It is responsible for gathering and producing full information on the application of Conventions subject to reporting and to providing appropriate replies to the ILO supervisory bodies. In this regard, the UGTC observes that, despite the creation of the CESAC, it is doing no work on the evaluation and follow-up of ratified Conventions. The Committee requests the Government to indicate in its next report whether the Committee for the Evaluation and Follow-up of the Application of ILO Conventions (CESAC) has held tripartite consultation meetings since its creation, and to provide information on the frequency, content and outcome of these meetings or, if not, to provide information on any measures adopted or envisaged to ensure the commencement of operations by the CESAC and to indicate the progress achieved in the holding of effective tripartite consultations on all the matters covered by Article 5(1) of the Convention during the next reporting period.

Article 4. Administrative support and training. The Committee notes that sections 5 and 9 of Order No. 000058/MINTSS of 27 February 2018 contain provisions on the financing and administrative support of the CESAC. However, the Government indicates that the administrative support for the procedures covered by this Article has not yet been designed. It adds that no arrangements have yet been adopted at the national level for the financing of training for the consultation procedures. The Committee requests the Government to provide information on the measures taken or envisaged to ensure the implementation of sections 5 and 9 of Order No. 000058/MINTSS of 27 February 2018 in relation to administrative support for the consultation procedures envisaged by the Convention (Article 4(1)). It also requests the Government to provide detailed information on the appropriate measures adopted for the financing of any necessary training of participants in the consultations (Article 4(2)).

Article 6. Working of the consultation procedures. The Committee notes the observations of the UGTC indicating that the provisions of this Article are not given effect in Cameroon. The UGTC also observes that the CESAC lacks financial resources for the promotion of Conventions and Recommendations and adds that the implementation of the provisions of Article 6 of the Convention could reduce certain violations resulting from a lack of knowledge of these instruments. The Committee requests the Government to indicate whether measures have been adopted, including financial measures, to ensure that the meetings of the CESAC give rise to an annual report on the working of the procedures envisaged by the Convention. If no such measures have been adopted, it requests the Government to provide information on the consultations held on this subject with the representative organizations.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee previously noted that the provisions of Law No. 2011/024, of 14 December 2011 concerning trafficking in persons, which criminalize trafficking in persons and provide for penalties of imprisonment ranging from ten to 15 years, had been incorporated in the Penal Code (section 342-1). It asked the Government to provide information on the application of these provisions in practice, as well as on the activities of the Inter-Ministerial Committee on Supervising the Elimination of Trafficking in Persons, established by Order No. 163/CAB/PM, of 2 November 2010.

The Committee notes the Government’s statement, in its report, that in 2020, eight cases of trafficking in persons were referred to courts for prosecution, eight judicial decisions were handed down, two persons were sentenced and two persons were released. It observes that the Government does not provide any information on the measures taken to prevent trafficking in persons. However, according to the information communicated under the Worst Forms of Child Labour Convention, 1999 (No. 182), in 2020, the Government undertook activities in collaboration with the International Organization for Migration (IOM), including the development of a study on the assessment of the situation of trafficking in persons and smuggling in Cameroun and the elaboration of an operational action plan; as well as awareness-raising activities on the National Referral System and Standard Operating Procedures on victim identification and referral. The Committee requests the Government to provide detailed information on the measures taken to: (i) prevent trafficking of adults for both sexual and labour exploitation; (ii) strengthen the capacities of law enforcement bodies (police, labour inspectorate, Public Prosecutor’s Office) to identify situations of trafficking and prosecute perpetrators; and (iii) provide victims with adequate protection. It also requests the Government to provide information on the results of the study on the assessment of the situation of trafficking in persons undertaken in collaboration with the IOM and hopes that this study will contribute to the development of a national plan of action. Lastly, the Committee requests the Government to provide information on the number and nature of judicial proceedings initiated on the basis of section 342-1 of the Penal Code, court decisions handed down and penalties imposed.

Articles 1(1) and 2(1). 1. Freedom of members of the armed forces to leave their employment. For many years, the Committee has been drawing the Government’s attention to sections 53 and 55 of Law No. 80/12 of 14 July 1980, issuing the general conditions of service of members of the armed forces, under which career members of the armed forces serving as officers who are recruited by competition, sign a contract of indefinite duration, and their resignation may be accepted only on exceptional grounds. The Committee recalled, in this regard, that persons in the service of the State, including career members of the armed forces, should have the right to leave the service in peacetime within a reasonable period, either at specified intervals or with prior notice, subject to the conditions which may normally be required to ensure the continuity of the service.

The Committee notes the Government’s indication that Law No. 80/12 was amended by Law No. 87/023, of 17 December 1987, and observes that the latter reproduces the provisions referred to by the Committee. The Committee once again requests the Government to indicate the measures taken to ensure that any request for resignation is examined on the basis of the abovementioned principle. Noting the Government’s statement that statistical information will be provided at a later stage, the Committee hopes that the Government will be soon in a position to provide information on the number of resignation requests submitted; the number of resignations accepted or refused; and if applicable, information on the grounds for refusal.

2. Conditions of work amounting to forced labour. Indigenous people. The Committee notes that, in its 2019 concluding observations, the United Nations Committee on Economic, Social and Cultural Rights (CESCR) expressed specific concerns at allegations that the substandard working conditions to which members of indigenous peoples are subjected are tantamount to forced labour. (E/C.12/CMR/CO/4, paragraphs 36 and 37). The Committee requests the Government to provide information on the measures taken to ensure that members of the indigenous peoples are not exposed to situations or practices amounting to forced labour, and to protect them and enable them to assert their rights.

Article 2(2)(b). Work in the general interest forming part of civic obligations. The Committee recalls that, under the terms of Law No. 2007/003, of 13 July 2007, instituting national service contributing to development, such service comprises a compulsory period and a voluntary period. The compulsory period, lasting 60 days, applies to young persons between 17 and 21 years of age and covers: civic training and physical, sporting and cultural education; consolidation of schooling; training in first aid and civil protection; and awareness raising with regard to environmental protection. The voluntary period, which lasts six months and is renewable, includes the performance of work in the general interest. The Committee asked the Government to provide information on the practical implementation of Law No. 2007/003, including on the organization and the nature of the activities undertaken during the period of compulsory training and the manner in which participants for this national service are selected, particularly for the voluntary period.

The Committee takes due note of the Government’s indication that procedures for the selection of volunteers are carried out within the framework of the Regional Selection Commissions, established within each of the ten Regional Delegations of Youth Affairs and Civic Education. The Government adds that these Commissions, chaired by Regional Governors, are responsible for examining the voluntary requests submitted by young persons. In light of the duration of the compulsory period of the national service contributing to development, the Committee requests the Government to provide detailed information on the organization and nature of activities undertaken during the period of compulsory training and the number of persons concerned. In that regard, it again requests the Government to provide copy of any text regulating the selection of the participants, the organization and the nature of their work.

Article 2(2)(c). Hiring of prison labour to private entities. The Committee recalls that pursuant to section 24 of the Penal Code, persons serving a prison sentence are obliged to work; and Decree No. 92-052, of 27 March 1992, issuing the prison regulations authorizes the hiring of prison labour to private enterprises and individuals (sections 51–56), and Order No. 213/A/MINAT/DAPEN, of 28 July 1988, establishes certain conditions concerning the use of prison labour, including the rates for their hire. Noting that neither of these legislative texts refers to the informed, formal consent of the prisoner hired to private enterprises and/or individuals, the Committee has been asking the Government to supplement its legislation in order to ensure that the consent of prisoners to work for private entities is formally required.

In reply, the Government indicates that reflections will be carried out at the level of the Ministry of Justice in order to consider the possibility of drafting implementing regulations for Decree No. 92-052. While taking due note of the Government’s indication that, in practice, prison labour is subject to the consent of the prisoners and focuses on the preparation of their social reintegration, the Committee observes that section 24 of the Penal Code specifically provides that persons serving a prison sentence are obliged to work. It recalls that, to be compatible with the Convention, the work of prisoners for private enterprises must be done with their free, formal and informed consent and a certain number of safeguards must be in place to ensure that this work is carried out in conditions which approximate a free labour relationship. The Committee therefore requests the Government to take the necessary steps to ensure, both in law and in practice, that free, formal and informed consent is required from convicts to work for private entities. It further requests the Government to provide information on the outcome of the discussions held at the level of the Ministry of Justice regarding the elaboration of the texts implementing Decree No. 92-052 issuing the prison regulations and to provide copy of any text adopted in that regard.

Article 2(e). Minor communal services. The Committee previously noted the establishment of an inter-ministerial committee for combating forced labour in traditional chiefdoms, prisons and private homes. The Government explained that the payment of wages to traditional chiefs reinforces the autonomy of these authorities with a view to preventing them from having recourse to forced or compulsory labour. It added that minor communal services are services designed to maintain cleanliness in villages and hamlets. The Committee asked the Government to provide copy of any legislative text establishing arrangements for imposing and performing minor communal services.

The Committee notes the Government’s statement that Law No. 2019/024 of 24 December 2019, establishing the General Code for decentralized territorial authorities, provides for the provision of wages and allowances to decentralized territorial authorities with no specific reference to traditional leaders. It however notes that section 150 of the General Code provides that: "the municipality may, in addition to its own resources, request the assistance of … the population ... in accordance with the laws and regulations in force”. The Committee requests the Government to provide information on the activities of the inter-ministerial committee for combating forced labour in traditional chiefdoms and on the measures taken to ensure that work imposed on the population by the municipality or traditional chiefs remains within the limits of the exception provided for in Article 2(e) of the Convention concerning minor communal services, namely work on a small scale regarding which the members of the community have been consulted, and which is performed in the direct interest of the community.

The Committee notes the observations of the General Union of Workers of Cameroon (UGTC), dated 16 September 2021, which relate to issues examined in the present comment.

The Committee notes with regret that the Government has not provided the requested detailed information in response to the 2016 observations of the International Trade Union Confederation (ITUC) concerning repeated police violence against strikers (in the construction sector), as well as cases of interference by the authorities in trade union elections (in the agriculture, construction and health sectors), vandalism on the premises of a trade union and trade union harassment (in the banking sector). The Government confined itself to indicating that the acts denounced by the ITUC were unproven. The Committee also regrets that the Government has not provided comments in reply to the ITUC’s observations of 2020 concerning allegations of favouritism by the authorities towards unrepresentative organizations. The Committee urges the Government to provide detailed information in response to its requests on all these matters.

In its previous comments on the failure to register eight unions of public sector education employees following the 2016 observations by Education International (EI), the Committee urged the Government to take the necessary measures to ensure the registration of the public sector education employees’ organizations. Also regretting the failure to provide comments on this subject, the Committee urges the Government to provide detailed information on the situation of the trade union organizations concerned.

Article 3 of the Convention. Act on the suppression of terrorism. In its comments relating to the Act on the suppression of terrorism (Act No. 2014/028 of 23 December 2014), the Committee has drawn the Government’s attention on several occasions to the wording of section 2(1), under the terms of which “the death penalty shall be imposed on anyone who … commits or threatens to commit any act that may cause death, endanger physical safety, result in bodily injury or damage to property or harm natural resources, the environment or the cultural heritage with the intention of: (a) intimidating the public, causing a situation of terror or forcing a victim, the Government and/or a national or international organization to carry out or refrain from carrying out a given act, adopting or renouncing a particular position or act according to certain principles; (b) disrupting the normal operation of public services or the delivery of essential public services, or creating a public crisis …”. The Committee has repeatedly expressed deep concern at the fact that some of the situations envisaged in the Act of 23 December 2014 could apply to acts related to the legitimate exercise of activities by the representatives of trade unions or employers in accordance with the Convention, with particular reference to protest action and strikes that would have direct repercussions for public services. The Committee also recalls that, in light of the penalty that may be imposed, such a provision could be particularly intimidating for the representatives of trade unions or employers who speak out or take action within the context of their duties. In this regard, it notes the observations of the UGTC to the effect that the Act has made trade union action more fragile since its adoption.

The Committee notes that the Government emphasizes that the wording of section 2 of the Act respecting the definition of “terrorist act” is inspired, among other sources, by the Organization of African Unity (OAU) Convention on the Prevention and Combating of Terrorism and its Protocol (1999). It also notes that, according to the Government, no individuals have been prosecuted in the national territory for acts of terrorism following trade union protests. While noting this information, the Committee once again urges the Government to take the necessary measures to amend section 2 of the Act on the suppression of terrorism to ensure that it does not apply to the legitimate activities of workers’ and employers’ organizations, which are protected under the Convention. In the meantime, the Committee urges the Government to continue providing information on the measures taken to ensure that: (i) the implementation of the Act does not have harmful consequences on officials and members engaged in their functions and performing trade union or employer activities in accordance with Article 3 of the Convention; and (ii) the Act is enforced in such a way that it is not perceived as a threat or intimidation towards trade union members or the trade union movement as a whole.

Articles 2 and 5. Legislative reform. The Committee has been recalling for many years the need to: (i) amend Act No. 68/LF/19 of 18 November 1968 (under the terms of which the legal existence of a trade union or occupational association of public servants is subject to prior approval by the Minister of Territorial Administration); (ii) amend sections 6(2) and 166 of the Labour Code (which lay down penalties for persons establishing a trade union which has not yet been registered and acting as if the said union had been registered); and (iii) repeal section 19 of Decree No. 69/DF/7 of 6 January 1969 (under the terms of which trade unions of public servants may not affiliate to an international organization without obtaining prior authorization). The Committee notes the observations of the UGTC denouncing the lack of transparency relating to the process of the revision of the Labour Code. The Government confines itself to indicating that the process is still ongoing. Noting with deep regret that the process of the revision of the Labour Code has still not been completed, the Committee is bound once again to urge the Government to take the necessary measures to complete the legislative revision process without further delay so as to give full effect to the provisions of the Convention on the points recalled above. The Committee trusts that the Government will be cooperative in this regard.

Article 2. Inclusion of labour clauses in public contracts. In its previous comment, the Committee requested the Government to take the necessary measures (legislative, administrative or others) for the inclusion in all public contracts to which the Convention is applicable of labour clauses consistent with the requirements of Article 2 of the Convention and for the enforcement of such clauses in the manner prescribed by Articles 4 and 5 of the Convention. The Committee notes with interest the Government’s indication that the Public Procurement Code was revised by Decree No. 2018/366 of 20 June 2018, and that 12 out of 19 implementing texts have been finalized with the cooperation of the sectoral administrations. It also notes that three other Orders were signed on 21 October 2019 by the Minister Delegate at the Presidency in charge of public procurement. These Orders set, respectively, the nature and the thresholds of the markets reserved for crafts workers (artisans), small and medium-sized enterprises, grassroots, community-based organizations and civil society organizations and the terms of their application; thresholds for the use of private project management and the terms for exercising public project management; and ceilings for the indemnities paid by the project managers and the delegated project managers to the presidents, members and rapporteurs of the committees for monitoring and verification. The Government indicates in its report that the new Public Procurement Code incorporates the provisions of the Convention in sections 88(1), 124, 55(2)(c)–(f), 57(1)(b), 158(f) and 192. The Committee notes that section 57(1)(b) of the new Code provides that “the conditions for the performance of public contracts must include social, economic and environmental considerations, likely to promote local labour and decent work and, where appropriate, to achieve the objectives of sustainable development. This refers particularly to “the introduction into the market of clauses stipulating respect of labour standards ratified by Cameroon”. In this context, the Committee refers to paragraph 117 of the 2008 General Survey concerning labour clauses in public contracts, in which it highlights that the Convention does not relate to some general eligibility criteria, or prequalification requirements, of individuals or enterprises bidding for public contracts but requires a labour clause to be expressly included in the actual contract that is finally signed by the public authority and the selected contractor. It also notes that a labour clause has to constitute an integral part of the actual contract signed by the selected contractor and that the insertion of labour clauses in tender documents, such as the general conditions or specifications, even though required under the terms of Article 2, paragraph 4, of the Convention, does not suffice to give effect to the basic requirement of the Convention set out in Article 2, paragraph 1. The Committee requests the Government to provide information on the content and impact of the new legislation to enable it to evaluate its compatibility with the requirements of the Convention. In addition, the Committee requests the Government to provide detailed and up-to-date information concerning the application in practice of the Convention and to provide copies of recent public contracts in which labour clauses have been inserted in conformity with the requirements of the new Public Procurement Code, particularly section 57(1)(b).

Article 1(a) of the Convention. Imposition of penalties of imprisonment involving the obligation to work as punishment for expressing political views or views ideologically opposed to the established political, social or economic system. For a number of years, the Committee has been drawing the Government’s attention to certain provisions of the national legislation, under which criminal penalties involving compulsory prison labour (pursuant to section 24 of the Penal Code and section 49 of Decree No. 92-052, of 27 March 1992, issuing the prison regulations) may be imposed in situations covered by Article 1(a) of the Convention. The Committee emphasized that where an individual is, in any manner whatsoever, compelled to perform prison labour as punishment for expressing certain political views or opposing the established political, social or economic system, this is not in conformity with the Convention. More particularly, the Committee referred to the following legal provisions:

– section 113 of the Penal Code, under which any person issuing or propagating false information that may be detrimental to the public authorities or national unity shall be liable to imprisonment of three months to three years;
– section 153 of the Penal Code, under which any person who insults the President or a foreign head of State shall be liable to imprisonment of six months to five years;
– section 154(2) of the Penal Code, under which any person guilty of incitement, whether in speech or in writings intended for the public, to revolt against the Government and the institutions of the Republic shall be liable to imprisonment of three months to three years;
– section 157(1)(a) of the Penal Code, under which any person guilty of incitement to obstruct the enforcement of any law, regulation or lawfully issued order of the public authority shall be liable to imprisonment of three months to four years;
– section 33(1) and (3) of Law No. 90-53, of 19 December 1990, concerning freedom of association, under which board members or founders of an association which continues operations or which is re-established unlawfully after a judgment or decision has been issued for its dissolution, and persons who have encouraged the assembly of members of the dissolved association by allowing continued use of the association’s premises, shall be liable to imprisonment of three months to one year. Section 4 of the Law provides that associations founded in support of a cause or for a purpose contrary to the Constitution, or associations whose purpose is to undermine, inter alia, security, territorial integrity, national unity, national integration or the republican nature of the State, shall be null and void. Furthermore, section 14 provides that the dissolution of an association does not prevent any legal proceedings from being instituted against the officials of such an association.

The Committee notes the Government’s indication that, in practice, prison labour is subject to the consent of the prisoners and focuses on the preparation of their social reintegration. The Committee observes in this regard that section 24 of the Penal Code specifically provides that persons serving a prison sentence are obliged to work. It notes with deep concern that, despite the adoption of Law No. 2019/20, of 24 December 2019, to amend and supplement certain provisions of the Penal Code, and Law No. 2020/9 of 20 July 2020, to amend and supplement Law No. 90-53, the Government did not make use of this opportunity to review the above-mentioned legislative provisions, taking into account the explanations provided regarding the scope of the protection afforded by the Convention.

The Committee observes that in its 2020 observation under the Freedom of Association and Protection of the Rights to Organize Convention, 1948 (No. 87), it noted with deep concern that some of the situations covered under the definition of terrorism, as provided for in section 2 of the Law on the suppression of terrorism (Law No. 2014/028 of 23 December 2014), could apply to acts related to the legitimate exercise of activities by trade unions or employers’ representatives. The Committee recalls that section 2 of the Law refers to acts committed with the intention of “disrupting the normal operation of public services or the delivery of essential public services, or creating a public crisis” and provides for penalties of imprisonment from 15 to 20 years. The Committee also notes that, in its 2019 concluding observations, the UN Committee on Economic, Social and Cultural Rights expressed specific concern about reports that human rights defenders, including those working to defend economic, social and cultural rights, operate under restrictive conditions and are often subjected to various forms of harassment or reprisal (E/C.12/CMR/CO/4, 25 March 2019, paragraphs 10 and 38).

The Committee wishes once again to draw the Government’s attention to Article 1(a) of the Convention which prohibits the use of compulsory labour, including compulsory prison labour, as a punishment for persons who hold or express political views or views ideologically opposed to the established political, social or economic system. The Committee emphasizes that the range of activities which must be protected, under this provision, from punishment involving compulsory labour includes the freedom to express political or ideological views, which may be exercised orally or through the press or other communications media, as well as various other generally recognized rights, such as the right of association and of assembly, through which citizens seek to secure the dissemination and acceptance of their views (see General Survey of 2012 on the fundamental Conventions, paragraph 302). The Committee therefore strongly urges the Government to take the necessary steps to review the above mentioned provisions of the Penal Code, the Law No. 90-53 concerning freedom of association, and the Law No. 2014/028 on the suppression of terrorism, in such a way that, both in law and practice, no penalty of imprisonment (which entails compulsory labour) can be imposed on persons who peacefully express political views or views ideologically opposed to the established political, social or economic system. The Committee requests the Government to provide information on the practical application of the provisions in question, including the number of convictions for violations thereof, and the facts that led to the convictions.

The Committee notes the observations of the General Union of Workers of Cameroon (UGTC), received on 16 September 2021. The Committee requests the Government to provide its comments in response to the observations made by the UGTC.

Article 1 of the Convention. National policy and application of the Convention in practice. In its previous comments, the Committee noted that over 1.5 million children under 14 years of age were working in Cameroon and over a quarter of children aged 7 or 8 years were engaged in some form of economic activity (27 and 35 per cent, respectively) and were at serious risk (of abuse, injuries and disease) in the workplace owing to their extreme youth. In addition, 164,000 children between 14 and 17 years of age were forced to perform hazardous work. The Committee also noted with concern that the National Plan of Action for the elimination of the worst forms of child labour (PANETEC) had still not been adopted.

The Committee notes that the Government indicates in its report that the PANETEC was adopted on 18 October 2017, and was updated in 2020. The Government indicates that the Ministry of Labour and Social Security has established the National Committee against child labour in Cameroon (CNLTEC) and that, at the Committee’s third session, held on 26 September 2018, the PANETEC was presented to the public, with a view to eradicating the worst forms of child labour by 2025. However, the Committee notes the UGTC’s observation that neither the PANETEC nor the CNLTEC is operational due to lack of funds. Moreover, the Committee notes that the Economic and Social Council, in its 2019 concluding observations, again noted with concern that many children aged between 6 and 14 years of age were engaged in some form of economic activity, particularly in the informal sector (E/C.12/CMR/CO/4, paragraph 42). The Committee urges the Government once again to step up its efforts to ensure the effective elimination of child labour below the minimum age for admission to employment, including in hazardous types of work, in particular by taking measures to implement the PANETEC. In that connection, it requests the Government for information on the implementation of the PANETEC and the results achieved.

Article 2(1). Application and labour inspection. Children working in the informal economy. In its previous comments, the Committee noted that the Labour Code only applies within the framework of an employment relationship and does not protect children engaged in work outside a contractual employment relationship. However, the Committee noted the Government’s indication that children are essentially engaged in activities in the informal economy. The Committee also noted that the resources allocated to the labour inspection services were not adequate to conduct effective investigations and that the services did not carry out inspections in the informal economy. It noted that, within the framework of the PANETEC, the reinforcement of the means of action of labour inspectors and the extension of their scope of intervention were priorities.

The Committee notes the information provided by the Government that labour inspectors receive training in labour standards covering all aspects related to work, including child labour. Inspections carried out by the labour inspectors are, in conformity with the legislation, general in nature and cover all sectors and branches of work; they are also directed at all targets, including cases potentially involving children. The objective set for the number of annual inspections is revised upwards each year. The Government reports that 6,500 inspections were foreseen for 2020 and that despite the upheavals caused by the COVID-19 pandemic, 5,365 had been carried out. However, the Committee notes the Government’s indication that it is unaware of any recorded violations and therefore unable to transmit any related information or extracts of reports.

The Committee recalls that the Convention applies to all branches of economic activity and covers all kinds of employment or work, whether or not there is a labour relationship or paid remuneration. In that regard, the expansion of the relevant monitoring mechanisms to the informal economy can be an important manner to ensure that the Convention is applied in practice, particularly in countries where expanding the scope of the implementing legislation to address children working in the informal economy does not seem a practicable solution (General Survey on the fundamental Conventions, 2021, paragraph 345). The Committee urges the Government to take the steps necessary, within the framework of the PANETEC or otherwise, to reinforce the capacities of the labour inspectorate and widen the scope of its intervention to fully and adequately address participation in informal economic activity by children. It requests the Government to take measures to obtain relevant information on the inspections carried out by labour inspectors in the area of child labour, both in the formal and informal economy, including the number of violations recorded and extracts from the inspection reports.

Article 2(3). Age of completion of compulsory education. The Committee previously noted that the school attendance rate of working children aged between 6 to 14 years (70 per cent) was substantially lower than that of non-working children (86 per cent). The Committee noted that by virtue of Act No. 98/004 of 14 April 1998 governing education in Cameroon, only primary education is compulsory in the country, and that it ends at 12 years of age, which is two years before the minimum age for admission to employment or work (14 years). The Committee urged the Government to take the necessary steps to make education compulsory up to the minimum age for admission to employment, namely 14 years.

The Committee notes the Government’s indication that parents are incited to place their children in schooling under article 355(2) of the Penal Code, which sanctions parents who have sufficient means but who refuse to do so. The Committee stresses however that parents are only obliged to send their children to school until the end of compulsory education, and that this age is still linked to the completion of elementary school, i.e at 12 years of age. Moreover the UGTC observes that despite the provisions of the Penal Code, certain children do not go to school and are forced to remain idle due to lack of means. With reference to the 2012 General Survey, the Committee again observes that if compulsory schooling comes to an end before children are legally entitled to work, there may arise a vacuum which regrettably opens the door for the economic exploitation of children (paragraph 371). The Committee therefore recalls that it is preferable to raise the age of completion of compulsory education to coincide with that of the minimum age for admission to employment, as provided in paragraph 4 of the Minimum Age Recommendation, 1973 (No. 146). Recalling that compulsory schooling is one of the most effective means of combating child labour, the Committee once again urges the Government to take the necessary steps to make education compulsory up to the minimum age for admission to employment, namely 14 years. It requests the Government to provide information on progress made in this respect in its next report.

The Committee takes note of the observations of the General Union of Workers of Cameroon (UGTC) of 16 September 2021. The Committee requests the Government to send its comments in reply to the observations made by the UGTC.

Articles 3(a) and 7(1) of the Convention. Sale and trafficking of children and penalties. In its previous comments, the Committee noted section 342-1 of the new Penal Code, which renders any person who engages in the trafficking of persons liable to imprisonment. The Committee also noted, according to the estimates of the study produced jointly by the Government and the “Understanding child labour” programme, that between 600,000 and 3 million children were victims of trafficking in Cameroon but that the number of investigations into the trafficking of children was very low, and so this could hardly be considered an adequate response given the scale of the problem. In the Committee on the Application of Standards at the 104th Session of the International Labour Conference in June 2015, the Government representative of Cameroon pointed out that the low number of investigations was due to the small number of complaints made. The Committee also noted the Government’s indications that measures had been taken to raise the awareness of stakeholders involved in combating child labour, but observed that this did not respond to its concerns regarding the low number of investigations and prosecutions in this field.

The Committee notes that the United Nations Human Rights Committee, in its concluding observations of 2017, again noted with concern the persistence of trafficking for the purposes of forced prostitution of women or child domestic labour. The Committee was also concerned at reports that most cases of trafficking were detected by civil society organizations (CCPR/C/CMR/CO/5, paragraph 31).

The Committee notes the Government’s indications in its report that a freephone number and helpline has been set up for the purpose of reporting cases of human trafficking. The Government also indicates that the law enforcement agencies intercepted 40 Baka (adults and children) who were victims of trafficking and that the perpetrator of this act was handed over to the competent authorities. Moreover, the competent operational technical units of the Ministry of Social Affairs took care of 381 victims of trafficking, including 304 children, in the first six months of 2020.

The Government indicates that any allegation relating to the sale and trafficking of children triggers an investigation and, where appropriate, leads to the prosecution and conviction of the perpetrators. According to the Government, 13 children (7 boys and 6 girls) were victims of trafficking in 2020 and judicial proceedings have been opened against the perpetrators. Moreover, the Government indicates that the Regional Court of Diamaré sentenced one person to three years’ imprisonment for having instigated the transfer of two children (nine and 11 years old) from Kousseri to the border with Chad to meet an unknown person, in violation of the provisions of section 342-1(2)(a) of the Penal Code.

While noting the efforts made to intercept child victims of trafficking in Cameroon, the Committee notes with concern that the number of prosecutions and convictions remains low. Recalling that the established penalties are only effective if they are actually applied, the Committee requests the Government to intensify its efforts, including by reinforcing the capacities of law enforcement bodies, to ensure that all persons who engage in the trafficking of children are investigated and prosecuted, and that penalties which constitute an effective deterrent are imposed. The Committee requests the Government to provide information on the number of investigations conducted by the competent services in relation to the trafficking of children under 18 years of age and on the number of prosecutions initiated. It also requests the Government to indicate the sentences imposed on persons guilty of the trafficking of children, the facts giving rise to the convictions, and the provisions under which the penalties have been imposed.

Article 3(b) and (c). Use, procuring or offering of a child for the production of pornography or for pornographic performances and for illicit activities. In its previous comments, the Committee observed that the provisions of the Penal Code adopted through Act No. 2016/007 – including sections 344 and 346 prohibiting the corruption of young people and indecent behaviour in the presence of a minor – do not adequately prohibit the use, procuring or offering of a child for the production of pornography or for pornographic performances, or for illicit activities. The Committee also noted that the Conference Committee had urged the Government to adopt and implement the Child Protection Code, which had been pending for almost ten years, in order to prohibit the use, procuring or offering of children for the above-mentioned purposes.

The Committee notes the Government’s indication that sections 80–83 of Act No. 2010/012 of 21 December 2010 concerning cybersecurity and cybercrime in Cameroon makes any person liable to punishment who commits the above-mentioned acts in relation to children. The Committee observes that under section 80 of the above-mentioned Act any person who disseminates, fixes, records or transmits for payment or free of charge images depicting paedophilic acts on a minor through electronic media or an information system shall be liable to punishment. Furthermore, any person who offers, makes available or disseminates, imports or exports, by any electronic means whatsoever, an image or representation of a paedophilic nature, or any person who possesses paedophilic images or representations, shall be liable to punishment. Under section 81, any person who offers, produces or makes available child pornography with a view to its dissemination, or who procures for self or others, or disseminates or transmits, child pornography through an information system, or adults who make sexual proposals to young persons under 15 years of age, shall be liable to punishment. Moreover, indecent acts committed through electronic media (section 82) also constitute an offence.

The Committee observes that Act No. 2010/012 of 21 December 2010 addresses only the production or electronic dissemination of pornographic material involving children, which appears to include the use, but not the procuring or offering, of children for the production of pornographic material. Moreover, the Committee notes with regret that the Government does not supply any information on the prohibition on the use, procuring or offering of children for illicit activities. The Committee requests the Government to provide information on the application in practice of the relevant provisions of Act No. 2010/012 of 21 December 2010 concerning the use, procuring or offering of children under 18 years of age for the production of pornographic material or for pornographic performances. It also requests the Government to take the necessary steps to ensure that the use, procuring or offering of a child under 18 years of age for illicit activities is prohibited by the legislation of Cameroon as quickly as possible, and to provide information on measures taken in this regard.

Article 4(3). Periodic review and revision of the list of hazardous types of work. In its previous comments, the Committee noted that Order No. 17 of 27 May 1969 concerning child labour (Order No. 17) does not prohibit work under water or work at dangerous heights, as in the case of children employed in fishing or banana harvesting. The Committee noted that the Conference Committee had urged the Government to urgently revise, in consultation with the social partners, the list of hazardous types of work established by Order No. 17 in order to prevent the engagement of children under 18 years of age in hazardous activities, including underwater work and work at dangerous heights. In this regard, the Government indicated that the revision of the list of hazardous types of work was due to take place in 2018 and would be undertaken in conjunction with the social partners.

The Committee notes the Government’s indication that the process for the revision of the list of hazardous types of work is under way. Observing that the Government has been referring to this for many years, the Committee urges the Government to take the necessary steps to ensure, as quickly as possible, the adoption of the revised and adapted list of hazardous types of work prohibited for children under 18 years of age, in consultation with the social partners. The Committee once again requests the Government to provide information on progress made in this respect.

Article 7(2). Effective and time-bound measures. Clause (d). Children at special risk. HIV/AIDS orphans. In its previous comments, the Committee noted with concern that, according to estimates of the Joint United Nations Programme on HIV/AIDS (UNAIDS), the number of children who were HIV/AIDS orphans in Cameroon had risen from 310,000 in 2014 to 340,000 in 2016. The Committee asked the Government to take immediate and effective measures to protect these children from the worst forms of labour.

The Committee notes the Government’s indications that Cameroon has a national strategy for the care of orphans and vulnerable children, implemented by the Ministry of Social Affairs, which includes cases of HIV/AIDS orphans in its operations. To this end, welcome centres set up throughout the national territory take care of the children, who receive training in various fields with a view to their social integration. While noting the measures taken by the Government, the Committee observes that the number of HIV/AIDS orphans continues to rise, with UNAIDS estimating putting this figure at 390,000 in 2020. Recalling that children who are HIV/AIDS orphans are at particular risk of being engaged in the worst forms of child labour, the Committee requests the Government to intensify its efforts to protect them from these worst forms of labour, particularly as part of the national strategy for the care of orphans and vulnerable children. The Committee also requests the Government to provide information on the measures taken in this respect and the results achieved, and also on the number of HIV/AIDS orphans who have been received by the welcome structures set up for their benefit.

The Committee is raising other matters in a request addressed directly to the Government.

Article 7(2) of the Convention. Effective and time-bound measures. Clause (a). Preventing the involvement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted that Presidential Decree No. 2001/041 establishes the right to free education but that in practice additional school fees and the cost of books and uniforms were prohibitive for many families and were cited as the main reason for school drop-outs. The Committee also noted the statement of the Government representative of Cameroon to the Committee on the Application of Standards at the 104th Session of the International Labour Conference in June 2015 that the average school enrolment rate was over 80 per cent, and even 95 per cent in some regions, stressing that the problems encountered in the Far North region were due to the war against Boko Haram. The Committee also noted the measures taken by the Government to integrate more children in the education system but also noted the inadequacy of these efforts and the significant number of children who remain out of school.

The Committee notes that the United Nations Economic and Social Council, in its concluding observations of 2019, again expressed concern at the numerous challenges that remain with regard to the effective enjoyment of the right to education in Cameroon, especially the decline in the primary school enrolment rate, the low school enrolment rate for girls, the lack of adequate school infrastructure, the cost of primary education, and acts of violence directed at teachers, students and parents in areas affected by the security crises in the Far North, North-West and South-West regions of the country (E/C.12/CMR/CO/4, paragraph 60).

The Committee notes that the chief objective of the current national plan for education in Cameroon – namely, the “Strategy paper for the education and training sector 2013-20” – is to achieve high-quality universal primary education, by improving access and equity, quality and relevance, and governance and management of the sector. In this regard, the Committee notes the information in the Government’s report on measures taken to enhance access to primary education free of charge, including granting the “minimum package” for schools, allocating operational credits to schools and implementing the sectoral contingency plan (emergency plan for areas affected by the conflicts). In addition, the Government reports on its policy for the development of the education system, including: (i) increasing school infrastructure and improving the “school card”; (ii) setting up food assistance programmes for schoolchildren from vulnerable families and communities, including in the Far North region; (iii) establishing programmes to encourage school enrolment for girls; (iv) improving living and working conditions for teachers; (v) promoting inclusive education; and (vi) reinforcing the technical and pedagogical capacities of teachers. In view of the fact that education plays a key role in preventing the involvement of children in the worst forms of child labour, the Committee requests the Government to continue taking all necessary steps to improve the functioning of the education system and to ensure that basic education is actually free of charge, particularly in the most vulnerable regions, namely the Far North, North-West and South-West. The Committee also requests the Government to provide detailed information on the results achieved, particularly with regard to school enrolment and completion rates, disaggregated by age and gender.

Clause (d). Children at special risk. 1. Street children. In its previous comments, the Committee noted that the involvement of children in street activities was a major social concern in large cities and certain agglomerations in the country. It also noted that the Ministry of Social Affairs is responsible for preventing and combating the phenomenon of street children and that a number of actions had been undertaken in favour of street children. However, the Government had pointed to a number of problems, including the lack of financial and material resources to meet the needs of street children, as well as inadequate human resources in terms of both quantity and quality.

The Committee notes the Government’s indication that the National Commission for young offenders, abandoned children or children in moral danger – established through Decree No. 90/524 of 23 March 1990 – is mandated to issue opinions and make suggestions on any issue relating to policy on children’s matters and to prevent and address problems of social integration for young persons. The Government indicates that the strategy of the institutional stakeholders consists of combining: (i) prevention, protection and assistance for street children; (ii) mobilization of resources in favour of street children; (iii) education for street children; (iv) defence of the rights of street children and punishment for the perpetrators of offences against these children; (v) promotion of the socio-economic integration of urban young persons in difficulties; (vi) defence of minors’ right to work, including action against the worst forms of child labour; and (vii) registration of street children at birth. Community stakeholders report any cases involving street children and carry out community awareness-raising. The Government indicates that these measures enabled the identification of 599 street children in 2020, of whom 347 were reintegrated into society through returning to their families or being placed in specialist institutions and training centres. The Committee therefore requests the Government to continue its efforts to protect street children. It also requests the Government to continue providing detailed information on the measures taken, particularly by the National Commission for young offenders, abandoned children or children in moral danger, and on the results achieved, especially in terms of the number of street children who have been identified, withdrawn from the streets and integrated into society.

2. Child domestic workers. The Committee previously noted that a survey on child domestic labour had revealed a predominance of girls (70 per cent) with an average age of 15 years, and also dangerous working conditions (for 85 per cent of children). The survey had also indicated that, although social services exist in Cameroon, the absence of an overall policy, aggravated by the lack of statistics, makes it impossible to assess precisely the impact of these services on child domestic workers. The shortcomings identified included the absence of public or private structures specifically dedicated to the protection of child domestic workers and the lack of a strategy for the elimination of child labour in domestic work.

The Committee notes the Government’s indications that the ratification process for the Domestic Workers Convention, 2011 (No. 189), is continuing, and the revision of the list of hazardous types of work for children is under way and concerns all sectors of activity, including domestic work. However, the Committee notes that the Government has been referring to the revision of the list of hazardous types of work for years. The Committee therefore once again notes with regret that the Government does not provide any new information on the implementation of measures to protect children under 18 years of age from the worst forms of child labour in the domestic work sector. In view of the fact that child domestic workers are particularly exposed to the worst forms of child labour, the Committee once again urges the Government to take effective time-bound measures to protect these children from hazardous work and to ensure their access to education. It requests the Government to provide information on specific measures taken in this regard, giving particular attention to the situation of girls.

Article 8. International cooperation. 1. Regional cooperation concerning the sale and trafficking of children. In its previous comments, the Committee noted that the trafficking of children in Cameroon has an international dimension involving young persons from Nigeria and the Central African Republic. The Committee noted with regret that the Government made no mention of any progress on regional cooperation relating to the sale and trafficking of children, or on the impact of such cooperation.

The Committee notes the Government’s indication that, because of the worsening security situation in the North-West and South-West regions and also because of the closure of some borders of countries in the subregion (Nigeria, Equatorial Guinea, Gabon and Congo) owing to the COVID-19 health crisis, mobilization in the regions has been difficult for conducting joint collaborative actions to combat the cross-border trafficking of children. While noting the difficult situation prevailing in the country, the Committee recalls that, under Article 8 of the Convention, international cooperation and mutual assistance are particularly important in order to prohibit and eliminate the worst forms of child labour, including the sale and trafficking of children. In view of the scale of cross-border trafficking in the country, the Committee strongly encourages the Government to take steps to ensure that bilateral agreements on the trafficking of persons are signed with neighbouring countries and to provide information on the funds allocated to such agreements. It requests the Government to supply information in this respect, and also on the impact of any regional cooperation on the number of child victims of sale and trafficking who have been intercepted and integrated into society. This information should, as far as possible, be disaggregated by the age and gender of the victims, and also by the purpose of the trafficking (for example, labour exploitation or sexual exploitation).

2. Poverty reduction. In its previous comments, the Committee noted that Cameroon planned to reduce poverty and, as a result, to reduce significantly the worst forms of child labour through the implementation of the Growth and Employment Strategy Paper (GESP) 2010–20. It also noted that, in October 2014, Cameroon and the ILO signed a Memorandum of Understanding for the implementation of the Decent Work Country Programme (DWCP), whose key components are based on the GESP. The Committee also noted that, through the National Action Plan for the Elimination of the Worst Forms of Child Labour (PANETEC), it was planned to incorporate the issue of child labour in the formulation, implementation, monitoring and evaluation of DWCP policies and programmes in order to make them more relevant.

The Committee once again notes with regret that the Government does not provide any information on the measures implemented under all these programmes or on their impact on poverty reduction and the elimination of child labour. Noting once again that poverty reduction programmes contribute to breaking the cycle of poverty, which is essential for the elimination of the worst forms of child labour, the Committee urges the Government to provide information on the specific measures taken as part of the implementation of the DWCP and GESP policies and programmes, reinforced by the PANETEC, for the elimination of the worst forms of child labour in Cameroon.

The Committee takes note of the observations of the International Trade Union Confederation (ITUC), received on 16 September 2020, which concern the application of the Convention in practice, and which are dealt with in the present comment. It also takes note of the observations of the General Union of Workers of Cameroon (UGTC) received on 5 November 2020, which contain allegations of anti-union discrimination against several members of an affiliated organization (SNEGCBEFCAM) within the National Social Welfare Fund (CNPS). The Committee requests the Government to comment on this matter.

Articles 1 and 2 of the Convention. Adequate protection against acts of anti-union discrimination and interference. In its earlier comments, the Committee had noted the observations of the ITUC denouncing anti-union discrimination against trade union leaders and trade unionists in the banking sector, and interference by the employer and the authorities in the elections of a trade union in the agriculture sector. It also noted the 2016 observations of the Cameroon Workers’ Trade Union Confederation concerning interference by an enterprise in the activities of a trade union in the wood industry and the dismissal by the enterprise in question of more than 150 workers on the sole grounds of their trade union affiliation. The Committee notes with regret that the Government has still not provided the information requested and that it restricts itself to indicating that it ensures the promotion of international labour standards in the country. Finally, the Committee notes the ITUC’s observations received in September 2020, which contain new allegations of suspensions and arbitrary dismissals of trade union leaders, especially in the brewery sector. The Committee once again notes with concern the serious nature of the alleged facts and the persistent denunciations of anti-union practices in numerous sectors. The Committee reminds the Government of its responsibility to take all measures needed to ensure that the competent authorities, in particular the labour inspectorate, carry out the necessary inquiries into the reported cases of anti-union discrimination and interference, to take the corrective measures without delay and issue appropriate sanctions if it is found that the trade union rights provided by the Convention have been violated in certain administrations or enterprises. The Committee urgently requests the Government to provide its comments and detailed information in this regard.

With reference to the observations received from the UGTC in October 2016 on the worsening of trade union discrimination against the leaders of SNEGCBEFCAM within the CNPS, the Committee notes a court decision handed down in favour of the workers, who had been dismissed, but that the CNPS has appealed the decision. The Committee requests the Government to provide all relevant information in this regard.

Article 4. Right to collective bargaining in practice. The Committee notes the information provided by the Government to the effect that since 2017, nine collective agreements have been signed. With reference to its earlier comments, it notes in particular that the revised collective agreement for security services was signed on 7 May 2019. Moreover, the Committee had noted the 2016 observations of the of the Cameroon Workers’ Trade Union Confederation (CSTC) denouncing unilateral appointment by the Ministry of Labour of the workers’ representatives in the bargaining committees for national collective agreements, without taking into account the representativeness of the organizations in the sectors concerned. In that regard, the Committee notes the observations of the ITUC, received in September 2020, alleging that unrepresentative organizations are appointed in the institutions, in the place of representative organizations, and that such practices prevent the genuine representation of workers and their interests both in enterprises and in tripartite institutions and social dialogue. The Committee requests the Government to comment on the observations of the CSTC and the ITUC, and also to indicate the measures taken by the authorities to encourage and promote collective bargaining, under Article 4 of the Convention, and to specify sectors concerned. The Committee also requests the Government to continue to provide statistical information on the number of collective agreements signed and in force, both in the public and private sectors, also indicating the number of sectors and of workers covered by the agreements.

The Committee notes the reports submitted by the Government on Conventions Nos. 108 and 146. In order to provide an overview of the issues concerning the application of the maritime Conventions, the Committee considers it appropriate to examine these reports in a single comment.

The Committee notes the observations of the Cameroon National Seafarers Union (SYNIMAC), received by the Office on 27 July 2020, on the failure to observe seafarers’ rights and the need to accelerate the ratification of the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Committee requests the Government to provide its comments in this regard.

Seafarers’ Identity Documents Convention, 1958 (No. 108). Article 2(1). Issuance of a seafarers’ identity document (SID). In its previous comment, the Committee requested the Government to indicate the measures adopted to ensure the issuance of a SID to each of its nationals who is a seafarer, in accordance with the Convention, without regard to their level of training or professional experience. In its reply, the Government indicates that a SID is issued to each applicant and enables the identification of the holder, without regard to the status of the booklet as temporary or permanent. The Committee notes this information. The Committee notes that SYNIMAC refers to the need to establish electronic SIDs in accordance with the Seafarers’ Identity Documents Convention (Revised), 2003, as amended (No. 185). The Committee requests the Government to provide its comments in this regard.

Article 4. Form and content of the SID. In its previous comment, the Committee requested the Government to provide an up-to-date specimen of the SID and the maritime seafarers’ booklet. The Committee observes, however, that the Government has not provided these documents. The Committee once again requests the Government to provide an up-to-date specimen of the SID and the maritime seafarers’ booklet.

Article 5. Readmission to the territory. In reply to the Committee’s previous comments, the Government indicates that the readmission of a seafarer to Cameroonian territory is not subject to the renewal of the contract. In the absence of information on the relevant legislative and regulatory provisions, the Committee requests the Government to indicate how effect is given to this provision of the Convention.

Seafarers’ Annual Leave with Pay Convention, 1976 (No. 146). Article 5. Calculation of length of service. In its previous comment, the Committee requested the Government to provide a copy of the text of the collective agreement for maritime shipping so that it could assess whether the calculation of length of service is in conformity with the requirements of the Convention. In its reply, the Government indicates that the collective agreement for maritime shipping is in the process of being drafted. The Committee requests the Government to provide a copy of the text of the collective agreement once it has been adopted.

Article 10. Leave. In its previous comment, noting that section 432 of Regulation No. 08/12-UEAC-088-CM-23 of the Central African Economic and Monetary Community (CEMAC) adopting the Merchant Shipping Community Code of 22 July 2012 (hereinafter: Community Code) reproduces the terms of Standard A2.4(2) and (3) of the MLC, 2006, the Committee requested the Government to indicate the extent to which the Community Code was applied in practice in Cameroon. In its reply, the Government indicates that the Community Code is applicable at the national level, referring to, among other provisions, section 798(2) of the Code, which specifies that the Code is directly applicable in all the member States. The Committee notes this information.

Article 11. Relinquishment of the right to leave. In its previous comment, the Committee requested the Government to indicate the manner in which section 92(5) of the Labour Code and section 432 of the Community Code prohibiting the relinquishment of the right to the minimum annual leave with pay are applied in practice and brought to the attention of the persons concerned. In its reply, the Government indicates that “section 92(5) provides that, as leave is granted to workers to allow them to rest, the payment of monetary compensation in lieu of leave is strictly prohibited in all other cases. Therefore, the provisions of the aforementioned section are applicable throughout the country.” The Committee notes this information.

Article 12. Recall of seafarers on leave. In its previous comment, the Committee requested the Government to indicate the manner in which it ensures the application of Article 12 of the Convention. In its reply, the Government indicates that, to date, the Cameroonian legislator has not legislated on this matter. However, the Committee notes that section 434(4) of the Community Code provides that seafarers on annual leave cannot be recalled except in cases of extreme emergency and with their agreement. Referring to the Government’s indications concerning the direct application of the Community Code in Cameroon, the Committee notes this information.

The Committee notes the information contained in the report of the Government received in September 2020.

The Committee also notes the observations of the General Union of Workers of Cameroon (UGTC), received on 6 November 2020. The Government is requested to provide its comments in this regard.

Article 2 of the Convention. Categories of workers excluded. In its reply to the Committee’s previous comments, the Government indicates that with the exception of public servants governed by the General Public Service Regulations, a worker is any person working under the authority of an employer in exchange for remuneration and is protected by the Labour Code of 1992. In its observations, the UGTC asserts that men and women domestic workers are often subject to wrongful dismissal. The Committee once again requests the Government to provide copies of the legislative texts that apply to domestic workers in relation to the Convention. The Committee also requests the Government to provide detailed information on the manner in which it ensures adequate protection in the spheres covered by the Convention to workers in the informal economy. The Committee requests the Government to indicate whether the conditions of employment of public servants afford those concerned protection at least equivalent to that provided for in the Convention.

Article 8. Procedure of appeal. In its previous comments, the Committee noted the observations of the Cameroon United Workers Confederation (CTUC), which considered that the terminations of workers in certain enterprises were not in conformity with the procedure established under national legislation, since no authorization for termination had been sought or granted by the labour inspector. The Government reiterates that the procedure for the dismissal of workers is established in section 34(1) of the Labour Code and the implementing regulations thereto and indicates that field labour inspectors ensure compliance with this provision day and night. The UGTC alleges that although the Government claims that labour inspectors conduct inspections day and night, labour inspectors do not carry out monitoring at night, even though they are allowed to do so by law. Furthermore, according to the UGTC, inspectors wait until complaints from workers reach them before instituting conciliation procedures instead of carrying out preventive monitoring in enterprises. The Committee requests the Government to provide information on the application in practice of this Article, including with regard to the procedure for the authorization of terminations.

Article 11. Notice period. In its previous comments, the Committee noted the observations of the CTUC indicating that, in practice, employers terminate the employment of workers without observing the obligation to give a notice period as established by section 34(1) of the Labour Code. The Government refers once again to section 34 of the Labour Code and Order No. 15/MTPS/SG/CJ of 26 May 1993 determining the conditions and duration of the notice period, taking into account the seniority and occupational classification of the worker. The Government indicates that in the event that this provision is violated, the party that feels aggrieved may refer the matter to the labour inspectorate, which, during conciliation, endeavours to reach a solution. The Committee notes that the report of the Government does not reply to the observations of the CTUC. The Committee therefore reiterates its request to the Government to indicate the manner in which it is ensured that workers are provided with reasonable notice of termination.

Article 12(3). Definition of serious misconduct. In its previous comments, the Committee noted that serious misconduct was not defined by the Labour Code but by case law. It notes the Government’s indication that serious misconduct is defined in the internal regulations of enterprises and that, in the event of a dispute, the labour inspectorate is sufficiently competent to arbitrate. Nevertheless, in its previous comments the Committee noted the observations of the CTUC that, in national practice, the employer unilaterally defines the degree of seriousness of the misconduct, whereas under Cameroonian law only the judge is empowered to do so. The Committee requests the Government to clarify the question of the definition of serious misconduct in practice. It also reiterates its request to the Government to provide examples of judicial decisions which allow an evaluation of the application of Article 12(3) of the Convention in practice, and the courts’ assessment of “serious misconduct”.

Articles 12–14. Severance allowance. Consultation of workers’ representatives. Terminations of employment for economic, technological, structural or similar reasons. In its previous comments, the Committee requested the Government to indicate whether the dismissed workers had been paid their severance allowance and to provide information on all measures taken to alleviate the adverse effects of dismissals, such as those envisaged in Paragraphs 25 and 26 of the Termination of Employment Recommendation, 1982 (No. 166). The Committee noted that section 40(3) of the Labour Code establishes an obligation for the employer to call a meeting of staff delegates and the labour inspector to try to avoid any termination on economic grounds. It also noted that section 40(9) of the Labour Code provides that any worker whose employment has been terminated shall be given priority status, where skill levels are equal, for two years with regard to recruitment in the same enterprise. The Government indicates in its report that in order to alleviate the adverse effects of dismissals for economic reasons, it encourages employers to use the measures contained in Paragraphs 25 and 26 of Recommendation No. 166. In its observations, the UGTC refers to the dismissal of 14,000 workers by a group of enterprises due the impact of the COVID-19 pandemic, indicating that neither the unions nor the government were notified prior to these dismissals. Furthermore, the UGTC alleges that some were dismissed without being paid their entitlements. The Committee once again requests the Government to send the Office a copy of Order No. 22/MTPS/SG/CJ establishing procedures governing terminations on economic grounds. The Committee requests the Government to provide detailed information on the application of these Articles of the Convention, and on the measures taken to alleviate the effects of dismissals for economic or similar reasons, such as those envisaged in Paragraphs 25 and 26 of Recommendation No. 166.

Application of the Convention in practice. COVID-19 pandemic. The Government indicates that as a result of the COVID-19 pandemic, Cameroon recorded 14,000 dismissals for economic reasons in 2020. In reply to the Committee’s previous request, the Government indicates that the Minister of Justice is awaiting the judicial decisions allowing an evaluation of the application of Articles 4, 5 and 7 of the Convention and that they will be submitted as soon as possible. It indicates that dismissal procedures were observed for enterprises whose managers were approached by labour inspection services. It informs the Committee that in the Centre and Littoral regions, the total number of conciliation reports is higher than that of partial conciliation and non-conciliation reports. The Committee requests the Government to continue to provide information on the application in practice of these Articles, including statistics on the activities of the appeal bodies and the number of terminations on economic grounds. Referring to its previous comments on valid and invalid grounds for termination and the defence procedure prior to termination, the Committee requests the Government to send examples of judicial decisions which allow an evaluation of the application of Articles 4, 5 and 7 of the Convention The Committee also requests the Government to provide detailed information on the impact of the global COVID-19 pandemic on the implementation of the Convention.

In order to provide an overview of matters relating to the application of the ratified Conventions on migrant workers, the Committee considers it appropriate to examine Conventions Nos 97 and 143 together.

Matters common to the application of Conventions Nos 97 and 143

Statistical data on migration. The Committee notes the Government’s indication that it does not have any statistical data on migration to and from Cameroon. The Government also indicates that it does not have statistics enabling an evaluation of the application of the Conventions in practice, such as data on the numbers of inspections carried out, infringements recorded and penalties imposed. However, the Committee notes the Government’s indication that the National Institute of Statistics (INS) is conducting surveys on migration. The Committee recalls that appropriate data and statistics are crucial in determining the nature of labour migration and inequalities of treatment faced by migrant workers, to set priorities and design measures, and to evaluate their impact (2016 General Survey, Promoting fair migration, paragraph 648). The Committee requests the Government to take steps to collect and analyse relevant data on migration flows to and from Cameroon, and on the situation of migrant workers in Cameroon.

Article 1 of Convention No. 97 and Articles 10 and 12 of Convention No. 143. National migration policy promoting equality of opportunity and treatment. The Committee previously asked the Government to provide information on the implementation of the national migration policy, and on progress made on adopting and implementing a policy designed to promote equality of opportunity and treatment specifically intended for migrant workers. The Committee notes the indications in the Government’s reports that: (1) the Prime Minister’s Office coordinates public migration policies; (2) by an Order of 26 February 2016, a platform for combating irregular migration has been established with the task of formulating a migration policy; and (3) the Government undertakes to incorporate equality of opportunity and treatment in the migration policy which is being prepared. The Committee recalls the vital importance of good governance of international migration, which requires a multi-faceted approach and coherence between different public policies (particularly regarding equality and employment). The Committee requests the Government to provide information on progress made in formulating a national migration policy promoting equality of opportunity and treatment.

Articles 1, 7 and 10 of Convention No. 97 and Article 4 of Convention No. 143. Cooperation between States. The Committee previously asked the Government to provide detailed information on: (1) the implementation of cooperation agreements on migration for employment; and (2) the activities of the National Employment Fund (FNE) regarding cooperation with the employment services of other member States. The Committee notes the Government’s reference in its reports to the following agreements and projects: the project to promote the protection of domestic workers in Cameroon, in cooperation with the International Organization for Migration (IOM); the project on labour migration management, in partnership with the European Union, the IOM, the African Union, Benin, Mali and Senegal; the cooperation agreement on the coordinated management of migration flows between Cameroon and France; and the agreements on the movement of persons concluded with Nigeria, Mali and France. The Committee requests the Government to provide a copy of the agreements concluded on migration, and to indicate whether this has enabled the systematic exchange of information with other States. It also requests the Government to clarify whether the FNE cooperates with the employment services of other member States. Lastly, the Committee requests the Government to clarify whether the social partners are consulted before agreements are concluded.

Article 8 of Convention No. 97 and Article 8 of Convention No. 143. Legal status in the event of incapacity for work or loss of employment. The Committee previously asked the Government to provide information on the legal status of migrant workers admitted to the country on a permanent basis in the event that they are unable to work because of illness or injury (Article 8 of Convention No. 97) and of migrant workers in the event of loss of employment (Article 8 of Convention No. 143). The Committee notes the Government’s indication in its report that the loss of migrant workers’ employment cannot cause the withdrawal of their residence permit or work permit, and that these workers are treated in the same way as nationals. In this regard, the Committee notes that: (1) the Government refers to Act No. 97/012 of 10 January 1997 concerning the conditions of entry, residence and exit for foreigners to and from Cameroon (Act No. 97/012), and also Decree No. 2007/255 of 4 September 2007 establishing the conditions of application of Act No. 97/012 (Decree No. 2007/255); and (2) sections 34 and 39 of Act No. 97/102, which list the grounds for expulsion from the country, do not include incapacity for work or loss of employment in the list. The Committee take note of all this information.

Matters specifically relating to the application of Convention No. 97

Articles 2 and 4. Free service to assist migrants for employment. Measures to facilitate the departure, journey and reception of migrants for employment. The Committee previously asked the Government to provide information on the existence of a free service to assist migrant workers and on any other measures taken to facilitate their departure, journey and reception. The Committee notes the Government’s indication in its report that the FNE facilitates the negotiation of employment contracts between nationals and enterprises in the host country. However, the Committee notes that this information does not make it possible to determine what specific measures of assistance are provided to facilitate the departure, journey and reception of migrant workers. The Committee requests the Government to provide more detailed information on the services provided by the FNE to prospective emigrants (in order to determine whether these services are free of charge, whether they are offered to all nationals wishing to emigrate, and whether the FNE disseminates information on emigration). It also requests the Government to indicate whether a service exists that provides information free of charge to migrants entering Cameroon for employment. Lastly, the Committee requests the Government to provide detailed information on any other measures taken to facilitate the departure, journey and reception of migrants for employment.

Article 3. Measures against misleading propaganda. The Committee previously asked the Government to indicate what measures had been taken to combat the dissemination of misleading propaganda relating to emigration and immigration. The Committee notes the Government’s indications in its report that: (1) awareness-raising campaigns are organized in various media (particularly making use of posters); (2) organizers of irregular movements of foreign workers are arrested; and (3) the Ministry of Employment and Vocational Training supervises the activities of private employment agencies. While noting this information, the Committee requests the Government to provide detailed information on the supervision of private employment agencies (including on licencing or accreditation procedures and any inspections to which they may be liable), and also on penalties imposed when these agencies, other intermediaries or employers disseminate misleading information to migrant workers.

Article 9. Transfer of the earnings and savings of migrant workers. In its previous comments, the Committee noted the Government’s indication that limits to transfers of earnings and savings of migrant workers were established by contractual agreements and it asked the Government to provide information on the limits applied. The Committee notes the Government’s indication that this information is not available. The Committee once again requests the Government to provide information on the limits applied in practice to transfers of the earnings and savings of migrant workers.

Matters specifically relating to the application of Convention No. 143

Article 1. Basic human rights for all migrant workers. In its previous comments, the Committee asked the Government to provide information on the measures taken to ensure respect for the basic human rights of all migrant workers. The Committee notes that the Government’s report does not contain any information on this point. It also notes the concluding observations of the United Nations Human Rights Committee, which expressed concern at reports that refugees and asylum seekers from Nigeria have been ill-treated by the armed forces and that there have been mass forced expulsions of such persons for alleged collaboration with terrorist movements (CCPR/C/CMR/CO/5, 30 November 2017, paragraph 35). Recalling that refugees and displaced persons working outside their country of origin are covered by the Convention, the Committee requests the Government to provide information on the measures taken to ensure respect for the basic human rights of the aforementioned persons.

Articles 2 and 3(a). Measures to suppress clandestine movements of migrants for employment and illegal employment of migrants. The Committee previously asked the Government to provide information on measures to detect illegal and clandestine movements of migrant workers, and on the role of the National Observatory for Employment and Vocational Training (ONEFOP) in the context of migration. The Committee notes the Government’s indication that: (1) ONEFOP plays a key role in this context; (2) statistics on the number of migrant workers subjected to abusive conditions or employed illegally are not available; and (3) a platform for combating irregular migration was established in 2016. The Committee requests the Government to provide detailed information on the activities of ONEFOP and the platform for combating irregular migration in relation to the detection and suppression of clandestine movements of migrants for employment and illegal employment of migrants.

Articles 3(b) and 6. National legislation and penalties. The Committee previously asked the Government to provide information on the measures taken against organizers of clandestine movements of migrants and against employers of workers who have migrated in illegal conditions. The Committee notes the Government’s indication that the national legislation covers the issue of clandestine migration (particularly through Act No. 2011/024 of 14 December 2011 concerning action against trafficking in persons and Act No. 2016/007 of 12 July 2016 issuing the Penal Code), and establishes administrative and criminal penalties in the matter. It also notes the Government indication that statistics on the number and nature of offences recorded and penalties imposed are not available. The Committee requests the Government to take steps to collect data on the number and nature of offences recorded and penalties imposed and applied.

Article 9(3). Costs of expulsion. In its previous comments, the Committee noted the Government’s indication that the costs of expulsion were borne by the employer of the migrant workers concerned, and it asked the Government to indicate the measures taken or envisaged to ensure that migrant workers and their families do not have to bear these costs in practice. The Committee notes that the Government does not provide any information on this point. It also observes that neither Act No. 97/102 nor Decree No. 2007/255 establishes who shall bear the costs of expulsion. The Committee once again requests the Government to indicate whether measures have been taken in this regard.

Article 14(c). Restrictions relating to limited categories of employment. In its previous comments, the Committee noted the Government’s indications that certain posts (in middle management, supervisory posts and manual jobs) are reserved as a priority for Cameroonian nationals. The Committee notes the Government’s indication that these restrictions are no longer applied.

The Committee notes the observations of the General Union of Workers of Cameroon (UGTC) received in 2018.

Articles 1(b) and 2(2)(b) of the Convention. Equal remuneration for men and women for work of equal value. Legislation. The Committee previously noted that section 61(2) of the Labour Code, which makes payment of an equal wage contingent on there being “equal conditions of work and skill”, was too restrictive to give effect to the concept of “work of equal value”, which must enable comparisons of types of work that are completely different. In this regard, the Committee notes the Government’s indication in its report that this issue will be raised in the context of the ongoing revision of the Labour Code. The Committee once again requests the Government to take steps without delay to ensure that the legislative provisions reflect the principle of equal remuneration for men and women for work of equal value, as established by the Convention, and to provide information of any progress in this regard.

Articles 2(2)(c) and 4. Collective agreements. Cooperation with social partners. In its previous comments, the Committee repeatedly asked the Government to provide information on the measures taken to remove discriminatory clauses from collective agreements (in particular clause 70 of the Cameroon Railway Company (CAMRAIL) collective agreement). It notes the Government’s indications that measures have been taken to suggest to the competent authorities that they amend the CAMRAIL collective agreement. Noting that there is no indication in the Government’s report that the CAMRAIL collective agreement has actually been amended, the Committee requests the Government to cooperate with the social partners to ensure that the collective agreements in force, including the CAMRAIL collective agreement, do not contain any discriminatory provisions and to provide information regarding any developments in this regard. In its previous comments, the Committee also asked the Government to encourage the social partners to negotiate collective agreements in the light of the principle of equal remuneration for men and women for work of equal value. The Committee notes the observations of the UGTC and the Government’s indication that collective agreements have been negotiated and adopted in accordance with this principle. The Committee notes in particular the adoption in 2017 of the national collective agreement for insurance and the national collective agreement for commerce, but observes that these do not contain any explicit provisions on the principle of equal pay. In this regard, the Committee recalls that, even where the State does not intervene in the wage-fixing process, it must promote the full application of the principle established by the Convention by taking vigorous and proactive measures and it must act in good faith (see the 2012 General Survey on the fundamental Conventions, paragraphs 669–670). The Committee therefore requests the Government to provide information on the proactive measures adopted or envisaged, according to the national context, to give effect to the principle of equal remuneration in the context of negotiation of collective agreements, for example by developing a standard clause on equal remuneration for men and women for work of equal value for inclusion in all collective agreements.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee notes the observations of the General Union of Workers of Cameroon (UGTC) received in 2018.

Articles 1 and 2 of the Convention. Gender pay gap. Statistics. In its previous comment, the Committee requested the Government to provide statistical data on the levels of pay of men and women. Noting that the Government has not provided this information, the Committee recalls that gathering statistical data is essential to evaluating the nature and extent of the gender pay gap. It refers in this respect to its 1998 general observation which offers practical guidance on the type of statistical data needed to evaluate gender pay gaps and their development over time. This involves Governments providing the fullest possible statistical information, disaggregated by sex, in their reports, with regard to: (i) the distribution of men and women in the public sector, the federal and/or state civil service, and in the private sector by earnings levels and hours of work (defined as hours actually worked or hours paid for), classified by: (1) branch of economic activity; (2) occupation or occupational group or level of education/qualification; (3) seniority; (4) age group; (5) number of hours actually worked or paid for; and, where relevant, by (6) size of enterprise and (7) geographical area; and (ii) statistical data on the composition of earnings (indicating the nature of earnings, such as basic, ordinary or minimum wage or salary, premium pay for overtime and shift differentials, allowances, bonuses and gratuities, and remuneration for time not worked) and hours of work (defined as hours actually worked or paid for), classified according to the same variables as the distribution of employees (subparagraphs (1)–(7) of paragraph (i) above). Where feasible, statistics on average earnings should be compiled according to hours actually worked or paid for, with an indication of the concept of hours of work used. Where earnings data are compiled on a different basis (for example, earnings per week or per month), the statistics on the average number of hours of work should refer to the same time period (that is, by week or by month). The Committee also notes that in 2012 the National Institute of Statistics (INSC) published a situational analysis of progress made on matters relating to gender, which contained relevant information; and that the 2011–20 National Gender Policy provides for the creation of databases and regular evaluations. In this respect, the Committee recalls its indication in the 1998 general observation that, if governments are unable to provide full statistical information, they must nevertheless provide all the information currently available to them and continue to work towards the compilation of the above-mentioned statistical information. The Committee therefore requests the Government: (i) to provide information on efforts made to enable the compilation of the fullest possible statistical information; (ii) to indicate whether the National Institute of Statistics has updated the data published in 2012; and (iii) to provide information on the data gathered and analysed in the context of the implementation of the National Gender Policy.

Article 2. Application of the principle in practice. The Committee notes the observations of the UGTC indicating that, despite the adoption of collective agreements in accordance with the principle of equal remuneration for men and women for work of equal value, there are still obstacles to the application of these collective agreements. It also notes the Government’s indications that there is no gender-based wage discrimination in practice, and that labour inspectors ensure compliance with the legislation and regulations in force. In this respect, the Committee underlines the fact that no society is free from discrimination and that the persistence of women’s occupational segregation in the labour market (that is to say, that some jobs tend to be predominantly or exclusively performed by women, and others by men) is a perfect illustration of this. When determining wage rates, gender-based occupational segregation in the labour market, which exists in almost every country, tends to lead to the undervaluation of jobs deemed to be “female”, compared with jobs performed by men, which is why the notion of work of equal “value” is crucial, as it permits a broad scope of comparison, beyond work that is “equal”, the “same” or “similar”. The Committee requests the Government to indicate the practical measures taken to combat occupational segregation, the results achieved and the obstacles encountered. It also requests the Government to indicate whether labour inspectors receive training on the principle of equal remuneration for men and women for work of equal value, and to provide information on the manner in which labour inspectors monitor the application of this principle (such as extracts of relevant inspection reports and information on the number of infringements detected).

Article 3. Objective job evaluation. In its previous comments, the Committee emphasized that diligence, skills and punctuality presented in the Government’s previous reports as relevant comparative criteria do not allow for objective job evaluation as they relate to workers’ individual behaviour (evaluation of their skills and professional performance), rather than the value of the positions held. The Committee notes the Government’s repeated indication that job evaluation is conducted on the basis of these three criteria. The Committee recalls that objective job evaluation is a formal procedure that should make it possible to give a numerical value to each job, by analysing each job’s content, in order to identify and correct cases of wage discrimination. The Committee requests the Government to specify whether formal job evaluation procedures are in place and at what levels (national, sectoral, enterprise, etc.). If such procedures exist, it requests the Government to indicate whether they are based on objective comparison criteria such as skills, effort, responsibilities and working conditions, and to specify the measures taken to ensure that these procedures are free from gender bias.

The Committee notes the observations from the General Union of Workers of Cameroon (UGTC) received in 2018. It also notes the adoption of Act No. 2016/007 of 12 July 2016 issuing the Penal Code.

Articles 1(1)(a) and 3(b) of the Convention. Definition and prohibition of discrimination Legislation. In its previous comments, the Committee asked the Government to take the necessary steps to include provisions in the national legislation that define and explicitly prohibit discrimination. In this regard, the Committee notes that the Government once again indicates in its report that this matter will be addressed in the context of the revision of the Labour Code, which has been under way for many years. However, the Committee notes section 242 of the new Penal Code, which punishes any refusal of access to employment on the basis of race, religion, sex or medical status, where that status does not endanger anyone. The Committee welcomes the fact that this section adds sex and medical status to the list of prohibited grounds. However, it notes that it does not reproduce all the grounds of discrimination listed in Article 1(1)(a) of the Convention and that it only covers access to employment and not all aspects of the employment cycle (access to vocational training and conditions of employment). The Committee once again underlines the importance of a clear and comprehensive definition of what constitutes discrimination in the legislation. Noting that criminal proceedings require a higher burden of proof, the Committee recalls that the establishment of easily accessible dispute resolution procedures (in addition to criminal proceedings) can make an effective contribution to combating discrimination (see 2012 General Survey on the fundamental Conventions, paragraphs 792 and 855). It takes the opportunity to emphasize that, under the terms of Paragraph 33 of the HIV and AIDS Recommendation, 2010 (No. 200), the presence of a person living with HIV should not be considered a workplace hazard and that, in this context, the addition of the expression “where that status does not endanger anyone else” is superfluous and might even be used in practice to justify discrimination which is actually based on prejudice regarding modes of contamination. In view of these elements, the Committee once again requests the Government to consider the possibility of introducing provisions in the labour legislation explicitly defined and prohibiting all forms of discrimination based on at least all the grounds listed in the Convention (race, colour, sex, political opinion, religion, national extraction and social origin) and on any other grounds of discrimination that it considers useful to add, in all aspects of employment, and to provide information on the application of this provision in practice, particularly in relation to cases of discrimination based on the real or perceived HIV status of a candidate for a job or occupation. The Committee requests the Government to provide information on the application in practice of section 242 of the new Penal Code (number of complaints on this basis).

Article 2. National equality policy. In its previous comments, the Committee asked the Government to take steps to formulate and implement a national equality policy including action plans or programmes and specific measures. The Committee notes that, with regard to discrimination on the basis of sex, the Government once again refers to the adoption of a national gender policy combined with a multi-sectoral implementation plan of action, but does not provide any details of their content or effectiveness. However, the Committee notes a number of initiatives referred to by the Government, namely: the existence of a tripartite national committee on gender attached to the Prime Minister’s Office; the creation of a professional master’s degree in “gender and development” at the University of Yaoundé 1 to provide training for professionals in these matters; the revision of training curricula in secondary and higher education on the issue of gender equality; and the setting up of reception centres for women in distress, as well as “gender desks” at the General Delegation for National Security. While noting this information, the Committee recalls that the implementation of a national equality policy presupposes the adoption of a range of specific measures which it evaluates on the basis of their effectiveness. It also recalls that it is essential to ensure that the implementation of the national policy covers all the grounds of discrimination prohibited by the Convention (see 2012 General Survey, paragraphs 847–849). The Committee once again requests the Government to take steps to formulate and implement a national equal opportunity and treatment policy which is in line with the provisions of the Convention. It also requests the Government to provide detailed information on the national gender policy and the multi-sectoral implementation plan of action to which it refers in its report.

Articles 1(1)(a) and 3(c). Discrimination on the basis of sex. Legislation. In its previous comments, the Committee noted that section 74(2) of Ordinance No. 81 02 of 29 June 1981, governing civil status and establishing various provisions concerning the status of natural persons, gives a husband the right to object to his wife working. It notes the Government’s indication that it is committed to launching a debate on the provisions of section 74(2) and that these provisions are not applied in practice. The Committee once again urges the Government to take specific measures to remove section 74(2) of Ordinance No. 81-02 and generally any provision that has the effect of nullifying or impairing equality of treatment for women in employment and occupation.

Article 5. Special protection measures. Resolutions on women’s employment. In its previous comments, the Committee noted that Order No. 16/MLTS of 27 May 1969 establishes a list of types of work which are prohibited for women. It recalls that protective measures for women may be broadly placed in two categories: those aimed at protecting maternity in the strict sense, which come within the scope of Article 5, and those aimed at protecting women generally because of their sex or gender, based on stereotypical perceptions of their capabilities and appropriate role in society. The latter are contrary to the Convention and constitute obstacles to the recruitment and employment of women (see 2012 General Survey, paragraph 839). In light of the above, the Committee once again requests the Government to take steps to review Order No. 16/MLTS of the national legislation and more generally to remove from the national legislation any provision that has the effect of nullifying or impairing equality of treatment for women in employment and occupation.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee notes the observations from the General Union of Workers of Cameroon (UGTC) received in 2018. It also notes the adoption of Act No. 2016/007 of 12 July 2016 issuing the Penal Code.

Articles 2 and 3(b) of the Convention. National equality policy and education programmes for members of indigenous communities. In its previous comments, the Committee asked the Government to take steps to prevent and combat discrimination against indigenous peoples, particularly members of the Baka community. The Committee notes that the Government refers in its report to the existence of planning instruments for indigenous peoples but does not supply any information on their content or effectiveness. However, the Committee observes that in November 2018 the Ministry of Employment and Vocational Training adopted a “Planning framework for indigenous peoples” (CPPA) in the context of the “Capacity building support project for growth and employment in Cameroon” (PADECE), which sets forth a series of priority actions to promote access to employment for members of Pygmy communities, including the Baka. Noting that the CPPA provides among these actions for skills development for girls in the sewing, health and homecraft sectors and for boys in the masonry, carpentry and electricity sectors, the Committee requests the Government to take measures in consultation with the social partners and if possible with representatives of the groups concerned to enable members of indigenous communities to have access to more diversified training opportunities not based on stereotypes, so that they can have access to a wider range of jobs.

The Committee also notes the concluding observations of the United Nations Committee on Economic, Social and Cultural Rights, which expressed concern at the discrimination and exclusion faced by indigenous peoples (E/C.12/CMR/CO/4, 25 March 2019, paragraph 12), and also indications in the CPPA that the discrimination against Pygmies is such that even those who have managed to secure good jobs conceal their Baka Pygmy identity. The Committee requests once again the Government to provide detailed information on the measures taken in consultation with the groups concerned to prevent and combat discrimination against indigenous peoples in employment and occupation.

General observation of 2018. Regarding the above issues and more generally, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Article 3(b). Legislation on sexual harassment. In its previous comments, the Committee asked the Government to include provisions in the labour legislation prohibiting and penalizing all forms of sexual harassment. The Committee notes that the Government’s report does not contain any information on this matter. While welcoming the adoption of section 302-1 of the new Penal Code, which includes in the legislation a definition of sexual harassment that punishes “any person who, making use of a position of authority, harasses another person by giving orders, making threats, imposing constraints or exerting pressure with a view to obtaining sexual favours”, the Committee recalls that: (i) measures taken should address both quid pro quo and hostile environment sexual harassment; (ii) protection against sexual harassment should cover all employees, male and female, with respect not only to employment and occupation but also to vocational education and training, access to employment and conditions of employment, and should include the actions of clients, customers and co-workers; and (iii) addressing sexual harassment only through criminal proceedings is normally not sufficient, due to the sensitivity of the issue, the higher burden of proof, which is harder to meet, especially if there are no witnesses (which is often the case), and the fact that criminal law generally focuses on sexual assault or “immoral acts”, and not the full range of behaviour that constitutes sexual harassment in employment and occupation (see 2012 General Survey on the fundamental Conventions, paragraphs 789 and 792). The Committee therefore once again requests the Government to take steps to include in the labour legislation a definition of both quid pro quo and hostile environment sexual harassment, and also provisions protecting all workers in both the public and private sectors against sexual harassment and penalizing all forms of sexual harassment.

Article 3(b). Equal access to education and training. In its previous comments, the Committee asked the Government to continue taking steps to remedy the low rate of school enrolment for girls. The Committee notes the Government’s indications in its report that: awareness-raising campaigns are being organized on school enrolment for girls, especially in the northern part of the country, while other activities are being conducted as part of efforts to combat early and forced marriage; “gender clubs” have been established in schools and a ministerial circular has been issued calling on officials in decentralized departments of the Ministry of Employment and Vocational Training to prioritize the award of scholarships to women. However, the Committee notes the concluding observations of the United Nations Committee on the Rights of the Child (CRC), which expressed its concern at the low enrolment and high drop-out rates for girls in secondary education on account of sexual harassment by teachers, child marriage and adolescent pregnancy (CRC/C/CMR/CO/3-5, 6 July 2017, paragraph 38). Emphasizing the need for the adoption and application of measures to achieve gender parity in primary and secondary education, the Committee requests the Government to continue providing information on the steps taken to reach this goal and the results achieved in this respect. The Committee once again requests the Government to indicate the measures taken to enable girls and women to have access to more diversified training opportunities and to a wider range of jobs, including jobs traditionally held by men.

Article 3(d). Employment under the direct control of a national authority. In its previous comments, the Committee asked the Government to provide information on the measures taken to promote equality of opportunity and treatment for men and women in the public sector. The Committee notes the Government’s indications that with regard to recruitment, at equal levels of skills, applications from women are given preference over those from men, and also notes the data attached to reports on staff categories at the Ministry of Labour and Social Security. However, the Committee notes the concluding observations of the United Nations Human Rights Committee, which expressed concern at the low representation of women in decision-making positions and in political and public life (CCPR/C/CMR/CO/5, 30 November 2017, paragraph 17). The Committee also notes the concluding observations of the United Nations Committee on Economic, Social and Cultural Rights, which noted with concern that, despite some efforts, gender stereotypes persist and women remain under-represented in administrative and political affairs (E/C.12/CMR/CO/4, 25 March 2019, paragraph 27). The Committee requests the Government to provide detailed information on the measures taken to promote equal opportunities and treatment in the public sector, and to provide data, disaggregated by sex and level of responsibility, on all staff categories in the public service.

Article 3(f). Measures to put an end to discriminatory job vacancies. The Committee notes the observations of the UGTC indicating that the practice of discriminatory job vacancies persists. The Committee notes the undertaking given by the Government in its report to check the content of job vacancies, and to raise the awareness of the social partners and of persons responsible for recruitment and job placement. The Committee requests the Government to provide information on the measures taken, where necessary, to stop and penalize the dissemination of discriminatory job vacancies.

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine Conventions Nos 95 (protection of wages) and 131 (minimum wages) in a single comment.

The Committee notes the observations of the General Union of Workers of Cameroon (UGTC) on the application of Convention No. 95, received in 2016, and the Government’s reply, received in 2017.

Minimum wages

Articles 3 and 4 of Convention No. 131. Elements to be taken into consideration in determining the level of minimum wages. Machinery for the adjustment of minimum wages and participation of the social partners. Further to its previous comments, the Committee notes the adoption of Decree No. 2014/2217/PM of 24 July 2014 readjusting the guaranteed minimum interoccupational wage (SMIG). It also notes the information provided by the Government on the socio-economic factors that were taken into account in the determination of the minimum wage. In addition, it notes the Government’s confirmation of the tripartite composition of the National Labour Advisory Board (CNCT), and the indications that: (i) the decrees determining the minimum wage are adopted following tripartite consultations, including a session of the CNCT convened by the Ministry of Labour; and (ii) economic and financial experts also provided their views.

Article 5. Measures to ensure effective application. Further to its previous comments, the Committee notes the Government’s indication that the numbers, resources, material means and capacities of labour inspectors will be reinforced and controls will be intensified in practice to penalize employers that are not in compliance with the minimum wage regulations. It also notes that the Government refers to difficulties of enforcement in relation to domestic workers in the informal sector. The Committee requests the Government to provide information on the results of the measures adopted to intensify controls of the application of the minimum wage regulations and the other measures adopted or envisaged to address the difficulties noted in the informal sector.

Protection of wages

Article 8 of Convention No. 95. Deductions from wages. In its previous comments, the Committee noted the Government’s indications that the Labour Code was under revision and that section 75, under the terms of which deductions from wages (known as “deposits” or consignations) can be envisaged in the individual labour contract, would be brought into full conformity with the Convention. It notes the Government’s indication in its report that the CNCT has completed its examination of the draft texts for the amendment of the Labour Code and has transmitted them to the competent authorities. The Committee requests the Government to provide information on the progress made in this respect.

Article 12(1). Regular payment of wages. Further to its previous comments concerning wage arrears, particularly in the public service, the Committee notes the Government’s indication that the payment of the wage arrears due to former employees of public enterprises that have been restructured, closed or privatized is being made progressively and that the process is currently at the stage of the settlement of the related disputes. The Committee notes the observations of the UGTC, which refer to the existence of wage arrears. It also notes the Government’s response, according to which measures are currently being taken to reinforce controls and punish employers that are not in compliance with the law. In this regard, the Committee recalls that the application in practice of Article 12 of the Convention is based on three essential elements: (i) efficient control; (ii) appropriate sanctions; and (iii) the means to redress the injury caused, including not only the full payment of the amounts due, but also fair compensation for the losses incurred by the delayed payment (see 2003 General Survey on the protection of wages, paragraph 368). The Committee therefore requests the Government to indicate the means of redress available to workers in the event of delays in the payment of wages.

Article 9(1) and (2) of the Convention. Rights arising out of past employment. In its previous comments, the Committee asked the Government to clarify how migrant workers, whose employment contracts are null and void under section 27 of the Labour Code (as a result of not bearing the official stamp of the Ministry of Labour), can assert their rights to pay, social security and other benefits. The Committee notes that the Government indicates once again that the workers concerned can have recourse to the labour inspectorate but states that it does not have any statistical data in this area. It recalls that where the contract of employment of the migrant worker in an irregular situation is null and void, it can result in the migrant worker being unable to ascertain any rights arising out of past employment because of the lack of a contractual basis on which to make a claim (2016 General Survey, Promoting fair migration, paragraph 304). The Committee once again requests the Government to take steps to ensure that migrant workers whose employment contracts have been declared null and void under section 27 of the Labour Code can assert their rights under the same conditions as other migrant workers. In particular, it requests the Government to take steps to ensure that the migrant workers concerned can submit claims not only with the labour inspectorate but also with a court that has competence in social matters. As regards social security rights, the Committee notes that the Government refers to the conclusion of reciprocity agreements with other member States. Recalling that the reciprocity principle does not apply in the context of the application of Article 9 (2016 General Survey, paragraph 312), the Committee urges the Government to take steps to ensure that migrant workers can be affiliated to social security without any condition of reciprocity. In this regard, it also requests the Government to indicate whether the social security rights of migrant workers can be lost as a result of illegal residence.

Article 10. Exercise of trade union rights. In its previous comments, the Committee noted that section 10(2) of the Labour Code provided that foreigners needed to have been resident in the country for at least five years before being permitted to establish a trade union. It asked the Government to take steps to ensure that the trade union rights of foreign workers would be guaranteed on an equal footing with nationals. Noting that the Government does not supply any information on this matter, the Committee once again requests the Government to take measures to this end.

The Committee is raising other matters in a request addressed directly to the Government.

Comments adopted by the CEACR: Cameroon

Adopted by the CEACR in 2022

C144 - Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Adopted by the CEACR in 2021

C029 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C087 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C094 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C105 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C138 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C182 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C182 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C098 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C108 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C158 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Adopted by the CEACR in 2019

C097 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Matters common to the application of Conventions Nos 97 and 143

Matters specifically relating to the application of Convention No. 97

Matters specifically relating to the application of Convention No. 143

C100 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C100 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C111 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C111 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C131 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Minimum wages

Protection of wages

C143 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Comments adopted by the CEACR: Cameroon

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Adopted by the CEACR in 2022

C144 - Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Adopted by the CEACR in 2021

C029 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C087 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C094 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C105 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C138 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C182 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C182 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C098 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C108 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C158 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Adopted by the CEACR in 2019

C097 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Matters common to the application of Conventions Nos 97 and 143

Matters specifically relating to the application of Convention No. 97

Matters specifically relating to the application of Convention No. 143

C100 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C100 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C111 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C111 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C131 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Minimum wages

Protection of wages

C143 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)