Demande directe (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

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

The Committee notes the observations of the Confederation of Autonomous Trade Unions of Cameroon received on 1 September 2022 and those of the Trade Union Confederation National Agreement of Workers of Cameroon, also received on 1 September 2022, alleging wage discrimination between staff members with the same qualifications and occupying the same positions but in different salary scales depending on whether they are governed by the Labour Code (contractual employee) or by the Public Service Statute. In this regard, the Committee notes that under the law of Cameroon, contractual status is not a ground for discrimination covered by the Convention.

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee recalls that the Penal Code (section 302-1) refers only to quid pro quo sexual harassment and that the labour legislation contains no provision on the matter. Noting that the Government’s report states that the Government has taken due note of the Committee’s previous request, the Committee urges it to take measures to protect workers of the public and private sectors against sexual harassment by including within the labour legislation:

• (i)a definition of sexual harassment including all forms of sexual harassment (both quid pro quo and hostile environment sexual harassment);
• (ii)a prohibition of all forms of sexual harassment;
• (iii)provisions on the prevention of sexual harassment;
• (iv)a complaints mechanism for the issue; and
• (v)appropriate penalties, including redress and compensation for the victim.

Articles 2 and 3(b). National equality policy and education programmes for members of indigenous communities. The Committee notes the Government’s very general indication that it has taken measures, in the framework of very labour-intensive activities, to prevent and effectively combat discrimination against indigenous peoples in employment and occupation, without having consulted them, however. In this regard, the Committee recalls that affirmative action grounded on prior consultation and the consent of the stakeholders, including workers’ and employers’ organizations, helps to ensure that the measures taken are broadly accepted, effective and in line with the principle of non-discrimination (see the General Survey on the fundamental Conventions, 2012, paragraph 862). Moreover, on the basis of information received from the United Nations Committee on the Elimination of all Forms of Racial Discrimination (CERD) it welcomes the adoption of: (1) a national plan of action for the development of indigenous peoples in 2020; and (2) Law No. 2019/020 of 24 December 2019 to Amend and Supplement Some Provisions of Law No. 2016/7 of 12 July 2016 relating to the Penal Code, which provides for increases in the sanctions for “acts of contempt of race or religion” and for “contempt of tribe or ethnicity”. The information also includes the fact that there are more than 250 ethnic groups in the country. The Committee further notes that CERD, in its concluding observations, expressed concern about: (1) the lack of comprehensive statistics on the demographic composition of the population, disaggregated by ethnic or national origin and language spoken; (2) the lack of information on the preparation and adoption of the bill on the rights of indigenous peoples; (3) reports of inter-ethnic violence and direct, indirect, multiple and intersecting discrimination against ethnic, ethnolinguistic and ethno-religious groups concerning wage discrimination in the private sector and lack of representation in the public sector (CERD/C/CMR/CO/22-23, 26 May 2022, paragraphs 4, 8, 18, 22 and 24). The Committee requests the Government to provide information on the measures taken, in consultation with the social partners and, if possible, with the representatives of the groups concerned, to:

• (i)enable members of indigenous communities to have access to more diversified training opportunities and thus to a wider range of employment and occupations as well as to land and resources to allow them to exercise their traditional activities; and
• (ii)actively combat bias and negative stereotypes with regard to ethnic groups and indigenous peoples and promote tolerance among all members of the population.

The Committee also requests the Government to provide information on:

• (i)the implementation of the national plan of action of 2020 for the development of the indigenous peoples, especially its impact in the fields of education, vocational guidance and training, and the exercise of their traditional activities; and
• (ii)The application in practice of Law No. 2019/020 of 24 December 2019 to Amend and Supplement Some Provisions of Law No. 2016/7 of 12 July 2016 relating to the Penal Code, including the number and results of complaints filed.

Article 3(b) Equality of access to education and training. Noting that the Government’s report contained no information on this subject, the Committee again requests the Government to provide information on the measures taken to:

• (i)achieve gender parity in primary and secondary education and the results achieved in this respect; and
• (ii)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. The Committee observes that the report contains no information on the measures adopted to promote equality of opportunity and treatment in the public sector, and that the “Palmarès genre des administrations publiques élargi aux organismes publics et parapublics” (Gender ranking of public administrations widened to include public and semi-public organizations), which contains data disaggregated by sex and level of responsibility on all public sector staff, has not been received by the Office. Consequent to the previous finding of the low representation of women in decision-making positions in the public sector, the Committee can only repeat its request for information on all measures taken by the Government to promote, in practice, equal opportunities and treatment and to enable women to progress in their public sector careers. The Government is also requested to provide the most recent copy of the “Palmarès genre des administrations”.

Article 3(f) Measures to put an end to discriminatory job vacancies. The Committee notes that in reply to previous observations by the General Union of Workers of Cameroon (UGTC), indicating that the practice of discriminatory job vacancy announcements persisted, the Government reiterates its commitment to sanctioning such announcements, if they occur, and indicates that it is conducting awareness-raising campaigns on the subject with the social partners. The Committee requests the Government to continue to provide information on the measures taken, if any, to stop and penalize the posting of discriminatory job vacancy announcements.