Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Cameroon (Ratification: 1988)

Articles 1(1)(a), 2 and 3(b) of the Convention. Definition and prohibition of discrimination. Legislation.National equality policy. Regarding the absence of provisions in the legislation that define and explicitly prohibit all forms of discrimination based on at least all of the grounds listed in the Convention in all aspects of employment and occupation, the Committee notes that the Government indicates in its report that: (1) it has taken legal, regulatory and collective agreement-derived measures to prohibit all forms of discrimination; and (2) it regularly takes action to combat discrimination related, for example, to HIV in enterprises, in collaboration with the health and safety committees. The Committee nonetheless notes with regret that despite its repeated requests, no measure has been taken to define and prohibit all forms of discrimination based on race, colour, sex, political opinion, religion, national extraction and social origin at all stages of employment and occupation in the labour legislation. In respect of the national equality policy, the Committee notes that the Government again refers to the national gender policy. Consequently, the Committee once again urges the Government, in collaboration with the employers’ and workers’ organizations, to take the necessary measures to: (i) include in the national legislation, particularly in the Labour Code, provisions defining and explicitly prohibiting direct and indirect discrimination based on at least all of the grounds listed in the Convention (race, colour, sex, religion, political opinion, national extraction and social origin) in employment and occupation, including at the time of recruitment; and (ii) formulate and implement an overall national equality policy which includes plans or programmes of action and specific measures to promote equality of opportunity and treatment irrespective of race, colour, religion, political opinion, national extraction or social origin. The Committee requests the Government to provide detailed information on all measures taken in this respect and to communicate a copy of the relevant texts adopted, including any revised gender policy. In the absence of a reply from the Government, the Committee again requests it to provide information on the application in practice of section 242 of the Penal Code, which punishes any refusal of access to employment on the basis of race, religion, sex and medical status, including the number of complaints on this basis, and to specify the authorities responsible for enforcing the application of this provision (labour inspectors or others).

Articles 1(1)(a) and 3(c). Discrimination based on sex. Legislation.Noting that the Government reiterates its commitment to bringing all legislative and regulatory texts and texts derived from agreements into line with the provisions of the Convention, the Committee once again urges the Government to take specific measures to: (i) abrogate the provisions of section 223 of the Civil Code and of section 74(2) of Ordinance No. 81-02 which gives a husband the right to object to his wife having an occupation that is separate from that of her husband; and (ii) more generally, 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 requests the Government to provide information on any measures taken in this regard and on progress made in the reform of the Civil Code to which the Government refers in a previous report.

Article 5. Special protection measures. Restrictions on women’s employment. The Committee notes the Government’s indication that it has taken due note of the Committee’s request that it review Order No. 16/MLTS of 27 May 1969 establishing a list of work prohibited for women. In the absence of any change in this regard, the Committee can only reiterate its request to the Government to take steps to review Order No. 16/MLTS of 1969.

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