Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - Cameroun (Ratification: 1988)

Sexual harassment. Discrimination based on sex. The Committee notes that, with regard to the legal prohibition of sexual harassment, the Government refers to section 12 of the preliminary draft Uniform Act of the Organization for the Harmonization of Business Law in Africa (OHADA) regarding labour law. Recalling its 2002 general observation, the Committee underlines that sexual harassment is a form of discrimination based on sex and that, accordingly, in conformity with the Convention which covers discrimination based on this ground and which requires the adoption of a national policy to promote equality of opportunity and treatment, measures must be taken to eliminate it. The Committee accordingly strongly encourages the Government to take specific measures to prevent, prohibit and punish sexual harassment in employment and occupation, in law and in practice. The Government is requested to provide information on the measures taken to this end.

Access of girls and women to education and vocational training and guidance. The Committee notes that the Government once again refers to a national employment and vocational training policy currently under preparation. The Government also states that it has taken measures to promote the access of girls to training in non-traditional areas and that it has put in place an education grant system. The Committee further notes that the Committee on the Elimination of Discrimination against Women, in its 2009 concluding observations (CEDAW/C/CMR/CO/3, 10 February 2009, paragraph 36), noted with concern that women’s employment remains concentrated in certain sectors such as agriculture and domestic services. In this regard, the Committee stresses the importance of continuing the promotion of girls’ and women’s access to education and vocational training and to encourage them to take part in training preparing for occupations which have traditionally been carried out by men in order to combat occupational segregation and to increase their employment opportunities. The Committee requests the Government to provide detailed information on the measures taken, and the impact thereof, to promote equal access to education and vocational training of men and women, and to allow boys and girls to choose from a wider range of occupations. Please provide statistical data on the enrolment of girls’ and women’s participation in vocational training, both in urban and rural areas.

Discrimination based on race, colour and national extraction. With regard to discrimination based on these grounds, the Committee notes that the Government’s report contains no information in reply to its previous comments, which read as follows:

The Committee recalls the comments made by the General Confederation of Labour-Liberty (CGT-Liberté) concerning the Equal Remuneration Convention, 1951 (No. 100), alleging that certain enterprises apply wage differentials on the basis of ethnic origin. The Government indicates in its report that the Labour Code prohibits wage discrimination and that it is up to victims and trade unions to take legal action. In this respect, the Committee notes from the PAMODEC survey that the provisions in force regarding the system of the burden of proof with respect to discrimination make it very difficult for workers to prove that they are the victims of pay discrimination. This document adds that this is one of the reasons why, despite the fact that discrimination is felt to be widespread, legal action against discrimination is rarely seen. The Committee requests the Government to supply information on all the measures taken to guarantee the effective application of the principle of equality of opportunity and treatment in respect of employment without any distinction on the basis of race, colour or national extraction, including the measures taken in law and in practice to help workers to prove the existence of discrimination.

Discrimination against indigenous peoples. The Committee notes the succinct information provided by the Government on certain measures taken by the authorities and non-governmental organizations in favour of the Baka, Bagyéli and the Mbororo, including as regards the education of the children of these communities and the indentification of community forests. Noting that the Government’s report contains no information on the situation of the members of the indigenous communities in employment, including vocational training, the Committee requests the Government once again to provide information on the following:

(i)    the measures taken to improve the living and working conditions of the indigenous peoples, including remuneration for work;

(ii)   on the situation of the Baka, Bagyéli and Mbororo on the labour market and in the education system (including statistics disaggregated by sex).

The Committee also requests the Government to indicate the measures taken or envisaged to prevent and combat persisting prejudices and stereotypes against the members of indigenous communities.

Article 3(d) of the Convention. Employment under the direct control of a national authority. The Committee requests the Government to provide information on the application of the Convention in the public service including information on the measures taken to promote equality of opportunity and treatment of men and women, including in respect of recruitment, training and promotion. Please also provide statistical information, disaggregated by sex, regarding public employment according to levels of education, type of employment and level of responsibility.

Article 5. Special measures of protection for women. The Committee notes that the Government took note of the necessity to revise the list of prohibited work established by Order No. 16/MLTS of 27 May 1969 and to limit the measures of protection for women to those aimed at protecting maternity. Drawing the Government’s attention to the importance of not only ensuring that the specific measures of protection for women are limited to the protection of maternity but also that they are not based on stereotypes regarding women’s professional abilities and their role in society, the Committee trusts that the Government will take the necessary measures in the near future to revise the list of work prohibited to women. Please provide information on the measures taken in this regard and provide a copy of the Order as soon as revised.

Activities of the National Commission on Human Rights and Freedoms and of the National Labour Advisory Commission. The Committee notes the Government’s indication that the national employment and vocational training policy, which is currently under preparation and which, according to the Government, promotes the principle of equality of opportunity and treatment in employment and occupation, will be examined by the National Labour Advisory Commission (CNCT). The Committee requests the Government to provide information on the consultations held by the CNCT on measures relating to equality of opportunity and treatment and reiterates its request for information on the activities undertaken or envisaged by the National Commission on Human Rights and Freedoms to promote the principle of equality in employment occupation, in accordance with the provisions of the Convention.

Part V of the report form. Statistics. The Committee notes the Government’s indication that 37 large enterprises have been established to serve as partners and focal points of the network of the National Employment and Vocational Training Observatory (ONEFPO). The Committee hopes that the Government will soon be in a position to provide statistical information on the situation of men and women in the labour market, and in the different sectors of the economy and different levels of responsibility. Please provide information on progress made in this regard.