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Repetition Discrimination based on sex. Sexual harassment. The Government indicates in its report that sexual harassment is prohibited and punished under the Penal Code (section 347). The Committee notes, however, that this provision addresses indecent assault on minors aged between 16 and 21 and does not cover all situations of sexual harassment at work. The Committee trusts that the Government will take the necessary steps to include in the labour legislation provisions that prohibit and punish sexual harassment, both quid pro quo and hostile working environment harassment. The Government is asked to provide information on any measures taken to this end, whether or not in the course of revising the Labour Code, and on any specific measures taken to prevent sexual harassment at the workplace.Access of girls and women to education, training and vocational guidance. The Government indicates that it has focused, in particular, on promoting access to education and vocational training for young people, in particular by granting science scholarships to female students. While noting this information, the Committee requests the Government to provide information on the promotion of equality in education and vocational training, and on the manner in which such measures are reflected in women’s employment, and particularly women’s access to a broader range of jobs traditionally held by men.Discrimination against indigenous peoples. The Government states in its report that there has been a significant improvement in the situation of members of the Baka, Bagyéli and Mbororo communities in the labour market. The Committee asks the Government to provide specific information in support of this statement, specifying, in particular, the measures it has taken to improve the living conditions of the Baka, Bagyéli and Mbororo peoples and the conditions in which they carry on their respective traditional activities. The Government is again asked to indicate the measures taken or envisaged to prevent and combat persistent stereotyping and prejudice against the members of indigenous communities, in particular through awareness-raising campaigns and the promotion of equality between all sectors of the population.Article 3(d). Employment under the direct control of a national authority. In the absence of any information on this point in the Government’s report, the Committee again asks the Government to provide information on the application of the Convention in the public service, particularly on the measures taken to promote equality of opportunity and treatment for men and women, including in respect of recruitment, training and promotion. Noting the Government’s statement that the statistics requested will be sent later, the Committee reiterates its request for statistical information on public employment, disaggregated by sex, and according to level of education, type of employment and level of responsibility, and hopes that the Government will shortly be in a position to provide such data.Activities of the National Committee on Human Rights and Freedoms (CNDHL) and the National Advisory Committee on Labour (CNCT). The Committee notes the observations of the Confederation of United Workers of Cameroon (CTUC), dated 20 October 2011, expressing the firm hope that the CNCT will meet in the near future, including to discuss the revision of the Labour Code. Noting the Government’s statement that information on the employment and occupation activities of the CNDHL will be sent as soon as possible, the Committee reiterates its request for such information and for information on the activities of the CNCT that focus specifically on equality and non-discrimination in employment and occupation, including regarding any consultations with respect to the revision of the Labour Code.Part V of the report form. Statistics. Noting the creation of the National Labour Observatory in the Ministry of Labour and Social Security, the Committee trusts that the Government will shortly be in a position to provide statistics on the situation of men and women in the labour market in the various sectors of the economy and at different levels of responsibility.
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.
Article 3 of the Convention. Objective job evaluation. The Committee notes that, according to the general information supplied by the Government, the content of each job in the sector where agreements are negotiated and the requisite diplomas are determined by the workers and employers of the sector and that it is on this basis that the classification of jobs and the corresponding wages are drawn up, with the Ministry of Labour and Social Security acting as arbitrator. The Committee reminds the Government in this connection that it is important to ensure that in the event of negotiations on the classification of jobs and setting of wages, the principle of equal remuneration for men and women for work of equal value is taken into account, and to make sure that in determining the value of jobs, the work done largely or exclusively by women is not undervalued in comparison with the work done largely or exclusively by men. The Committee repeats the request it made to the Government in its previous comments to indicate the evaluation methods used where there is collective bargaining to establish a job classification and fix wages, specifying the criteria used by the social partners. It also repeats its request to the Government to provide information on the method or methods it uses in determining the guaranteed interoccupational minimum wage (SMIG).
Article 4. Cooperation with employers’ and workers’ organizations. The Committee notes the Government’s statement that the measures under way to convince the social partners that the provisions of collective agreements need to be consistent with the principles of the Convention are to be pursued. The Committee asks the Government to provide detailed information on the measures taken to raise awareness among the social partners of the principle of equal remuneration for work of equal value.
Differences in remuneration. Labour inspection and supervision of the practical application of the Convention. The Committee notes the Government’s statement that more than 300 inspection visits are carried out every year in the so‑called “remote” areas and that breaches of the principle of equal remuneration are seldom noted. The Committee recalls that the fact that no breaches are reported does not necessarily mean that there is no wage discrimination, and that such discrimination is often difficult to detect, particularly in the absence of an objective job evaluation method. The Committee asks the Government to provide information on the measures taken to improve training for labour inspectors in combating wage inequalities and to provide them with the necessary tools and resources to identify and remedy wage discrimination. It asks the Government to provide extracts from inspection reports relating to supervision of the provisions of the law that relate to equal remuneration. Lastly, noting that the report supplies no information on the matter, it also asks the Government once again to indicate the measures taken or envisaged to help men and women workers to establish discrimination with respect to remuneration.
Statistics. The Committee notes the Government’s statement that it is still difficult to assess the nature and extent of any wage inequality between men and women since the regulatory framework in force is conducive to observance of wage equality among workers, whether in the private sector or the public service. The Committee points out in this connection that statistics of men’s and women’s remuneration in the private and the public sectors are essential to preventing and combating wage discrimination effectively. It asks the Government to take the necessary steps to have statistics compiled on the level of men’s and of women’s earnings, by sector and by occupation in the private sector and in the public service, allowing a practical assessment of the nature, extent and causes of differentials in remuneration between men and women so that appropriate remedial measures may be devised.
Article 1, paragraph 1(a), of the Convention. Grounds of discrimination covered by the legislation. Recalling its comments over many years regarding the need to bring the legislation into conformity with the Convention by including all grounds of discrimination listed in Article 1(1)(a), the Committee notes that the Government reiterates that it will consider this issue in the context of a future revision of the Labour Code, though no specific information in this regard is provided. Recalling that despite its repeated requests, the Government has not yet taken any measures to initiate such a revision process, the Committee urges the Government to take the necessary measures to revise the legislation to include provisions defining and prohibiting direct and indirect discrimination based on all the grounds listed in the Convention (race, colour, sex, religion, political opinion, national extraction and social origin) in respect of all stages of the employment process, including recruitment, in accordance with the obligations it has undertaken by ratifying the Convention. The Government is requested to provide detailed information on the progress made in this regard.
Discrimination based on sex. Legislation. The Committee notes that the Government’s report does not contain information in reply to its previous comments which stressed the importance of repealing any provisions of the legislation that discriminate against women, in order to ensure that full effect is given to the principle of equality of opportunity and treatment of men and women in employment and occupation. It recalls in particular that in accordance with section 223 of the Civil Code, husbands can prevent their wives from engaging in certain occupations. The Committee also notes that in its 2009 concluding observations, the Committee on the Elimination of Discrimination against Women noted an absence of progress regarding the abrogation of discriminatory provisions, particularly in the Penal Code, the Civil Status Registration Ordinance and the Civil Code. (CEDAW/C/CMR/CO/3, 10 February 2009, paragraph 14). The Committee accordingly urges the Government to take, without further delay, concrete measures to initiate a process of legislative reform to repeal all provisions which have the effect of nullifying or impairing women’s equality of opportunity and treatment in employment and occupation, and requests the Government to provide information on the measures taken to this end.
Article 2. National policy on equality of opportunity and treatment. The Committee notes that the Government affirms that the national policy on employment and vocational training currently under preparation is dedicated to the principle of equal treatment and access to employment and non-discrimination. The Committee recalls nevertheless that in its previous comments it underlined that the recognition of the principle of equality alone is not sufficient to constitute a national policy within the meaning of Article 2 of the Convention, and that it is necessary to adopt and implement concrete and proactive measures such as training programmes and public awareness raising, to promote equality of opportunity and treatment effectively. In this regard, the Committee notes that the Committee on the Elimination of Discrimination against Women, in its 2009 concluding observations expressed concern over the persisting patriarchal attitudes and deep-rooted stereotypes concerning the roles and responsibilities of women, which are a source of discrimination against them (CEDAW/C/CMR/CO/3, 10 February 2009, paragraph 24). The Committee requests the Government to take the necessary measures to elaborate and implement a national policy which includes action programmes and concrete measures to promote equality of opportunity and treatment and to address discriminatory practices in employment and occupation effectively. The Government is requested to provide information on the progress made with regard to the elaboration and implementation of such national policy and the results achieved.
The Committee is raising other points in a request addressed directly to the Government.
Article 2, paragraph 2(a), of the Convention. Work of equal value. Legislation. In its previous comments, the Committee noted that section 61(2) of the Labour Code did not give full effect to the principle of equal remuneration as laid down in the Convention in that equal remuneration is restricted to “equal conditions of work and equal professional ability”. It asked the Government to take the necessary steps to include in the legislation the principle of equal remuneration for work of equal value. It notes that in its report, the Government affirms that “in accordance with the provisions of section 61(2) of the Labour Code, the principle of equal remuneration for work of equal value is established”. The Committee refers to its general observation of 2006 and wishes to draw the Government’s attention, once again, to the notion of “work of equal value” which goes further than the notions of “equal conditions of work” and “equal professional ability”. When men and women perform different jobs and when women are confined to certain occupations, in particular because of historical perceptions towards the role of women in society along with stereotypical assumptions regarding their professional abilities, it is essential to compare the value of the work done. This is because although the work may involve different types of qualifications, skills, responsibilities or working conditions it is nevertheless work of equal value overall. In order to determine whether different jobs are of equal value, it is necessary to examine the tasks involved on the basis of criteria that are fully objective and non-discriminatory, taking particular care to ensure that “skills traditionally considered to be female” (such as those required in the caring professions) are not undervalued in comparison with “skills traditionally regarded as male” (such as those relating to physical strength). Accordingly, in order to prevent and address effectively discrimination in remuneration, the Committee once again asks the Government to take the necessary steps to amend section 61(2) of the Labour Code so as to fully reflect the principle of equal remuneration between men and women for work of equal value set out in the Convention, and to provide information on any measures taken to this end.
Article 2. Scope of the principle laid down in the Convention. In its previous comments, the Committee asked the Government to take the necessary steps, in cooperation with the social partners, to ensure that the provisions of article 70 of the CAMRAIL collective agreement, concerning the grant of benefits in the form of transport facilities only to the wife and children of an employee, conform with the principle of equality laid down in the Convention. In a communication of 5 December 2007, the Government states, referring to the application of the CAMRAIL agreement, that the General Union of Workers of Cameroon (UGTC) asserts that equal treatment exists in practice. Consequently, the Government says, that is enough. The Committee also notes that the Government indicates in its 2009 report that the CAMRAIL collective agreement has not been renegotiated, nor is it in the process of renegotiation. While noting the statement that equality is observed in practice, the Committee is of the view that maintaining discriminatory provisions in the text of the CAMRAIL collective agreement may have the effect of preventing men and women workers from knowing their rights and seeking to assert them. The Committee accordingly asks the Government to take the necessary steps, in cooperation with the social partners, to ensure that the provisions of the CAMRAIL agreement observe the principle of equal remuneration between men and women for work of equal value, and to encourage the social partners to revise any discriminatory provisions on remuneration, including allowances and benefits, in collective agreements when they are renegotiated.
Articles 2 (paragraph 2(c)), and 4. Work of equal value. Collective agreements. Cooperation with employers’ and workers’ organizations. In its report, the Government indicates that some collective agreements have been negotiated or revised recently, and affirms that they provide for measures to give effect to Article 2 of the Convention. The Government also states that measures under way to convince the social partners of the need to bring the provisions of collective agreements into line with those of the Convention, are to be pursued. The Committee hopes that the recently concluded collective agreements incorporate the principle of equal remuneration between men and women for work of equal value and that those in the process of negotiation will likewise reflect the principle, and asks the Government to provide a copy of the clauses of these agreements that pertain to wages, allowances and bonuses.
1. Article 2 of the Convention. Work of equal value. Laws and regulations. The Committee notes that section 61(2), of the Labour Code stipulates that “in equal conditions of work and professional ability, wages are equal for all workers, regardless of their origin, gender, age, status and religious beliefs”. The Committee notes that this section does not fully reflect the principle of equal remuneration for men and women as set forth in the Convention, since this principle encompasses not only work in equal conditions or similar types of work, but also types of work which, while different, are of equal value. The Committee draws the Government’s attention to its 2006 general observation, in particular to paragraph 6 thereof, which states that legal provisions that are narrower than the principle as laid down in the Convention, as they do not give expression to the concept of “work of equal value”, hinder progress in eradicating gender-based pay discrimination against women at work. The Committee asks the Government to provide information on the manner in which the principle of equal remuneration for work of equal value is applied in practice. The Committee asks the Government to take all the necessary steps to give full legislative expression to the principle of equal remuneration for work of equal value and to provide information on any progress made in this regard.
2. Differences in remuneration. In its previous comments, the Committee noted the points raised by the Union of Free Trade Unions of Cameroon (USLC) concerning the application by certain employers, especially in remote areas, of different wage rates for men and women. The Government states that in order to remedy this situation, it is the responsibility of the workers affected and the trade unionists to denounce such employers. The Government also states that labour inspections are carried out to monitor the application of the Convention in respect of equal remuneration. In this regard, the Committee notes from the PAMODEC study that the provisions in force relating to proof of discrimination make it very difficult for workers to prove that they are victims of wage discrimination. The above document adds that this is one of the reasons why, despite the widespread awareness of recurrent discriminatory practices, not many discrimination-related disputes have been noted. The Committee asks the Government to provide information on the steps taken to help workers demonstrate wage discrimination. The Committee also asks the Government to provide information on the manner in which labour inspections ensure the effective application of the Convention and particularly on the number of labour inspections carried out in remote areas and the nature of the reported violations of the principle of equal remuneration for men and women for work of equal value.
3. Article 3. Objective appraisal of jobs. The Committee notes from the Government’s report that the State sets the minimum guaranteed interoccupational wage (SMIG). It also notes the existence of a standard national job classification system and the professional job classification system in the sectors where agreements are negotiated. The Committee asks the Government to send information on the methods used to establish the abovementioned job classification systems and on the manner in which these systems apply the principle of equal remuneration for work of equal value for the setting of the SMIG and the wages fixed through collective bargaining.
4. Part V of the report form. Statistics. The Committee notes that the Government is still not able to provide statistical information on the application of the Convention. The Committee notes that the Government once again requests the technical assistance of the Office to compile all the requested data. The Committee hopes that the Office will very soon be in a position to provide such assistance. In the meantime, it nevertheless encourages the Government, once again, to make every effort to collect and provide any information on the practical application of the Convention, including through collective agreements, that would permit the Committee to assess the nature and extent of any existing wage inequalities between men and women.
1. Gender-based discrimination. Sexual harassment. The Committee notes the statement in the Government’s report that the prevention and repression of sexual harassment come within the scope of ordinary law. The Committee notes, however, that according to the survey of obstacles to the implementation of fundamental principles and rights at work in Cameroon, undertaken in the context of the support project for the implementation of the Declaration (PAMODEC) in September 2007, no item of Cameroonian legislation deals specifically with sexual harassment. The survey also indicates that section 12 of the preliminary draft Uniform Act of the Organization for the Harmonization of Business Law in Africa (OHADA) regarding labour law prohibits any form of psychological or sexual harassment at work resulting from any kind of abusive and repetitive conduct. However, the Committee notes that, according to the abovementioned survey, it would be difficult to combat sexual harassment effectively by virtue of this section because of the gaps that exist in the OHADA preliminary draft regarding the burden of proof, protection of witnesses and applicable penalties. In view of the seriousness of sexual harassment in employment and occupation and the impact thereof, the Committee draws the Government’s attention to the need to prohibit sexual harassment explicitly in law. In this respect, the Committee reminds the Government that the definition of sexual harassment contains two key elements, namely quid pro quo harassment and harassment due to a hostile work environment, and refers the Government in this respect to its general observation of 2002 on sexual harassment. The Committee hopes that the Government will take all the necessary steps to prohibit both types of sexual harassment in law and requests the Government once again to supply information on any other measure taken or envisaged to prevent and take action against sexual harassment at work.
2. Discriminatory treatment of women. In its previous comments, the Committee noted the concerns expressed both by the Committee on Economic, Social and Cultural Rights (E/C.12/1/Add.40) and the Committee on Human Rights (CCPR/C/79/Add.116) with respect to the unequal legal status of women regarding the right to own property, the laws on credit and bankruptcy, and the right of husbands to seek a court order to prevent their wives from engaging in certain occupations. The Committee notes the Government’s statement in its report that it will request the Committee on Synergy to issue a recommendation on the abolition of the provisions of the Labour Code which are not in conformity with the national policy against discrimination. Emphasizing once again the importance of repealing any provisions in the legislation which discriminate against women, the Committee hopes that the Government will take all the necessary steps to review the legislation in question so that it finally gives full effect to the principle of equality of opportunity and treatment in respect of employment and occupation, and requests the Government to keep it informed in this regard.
3. Gender equality in access to employment. The Committee recalls noting that women account for only 25 per cent of public servants and only 30 per cent of jobseekers in general. The Committee notes from the Government’s report that the imminent drawing up of the national policy on employment in general and youth employment in particular will meet expectations regarding the promotion of employment for women and young persons. The Committee requests the Government to supply information on the measures taken within the national employment policy to promote gender equality in access to employment and training and to send information on the results achieved in this field.
4. Access to education for women. In its previous comments, the Committee expressed its concern at the fact that, under section 7 of Act No. 98/004 on education policy, the State guarantees equal access to education without any distinction as to sex, but that the same Act does not guarantee free primary education, which considerably reduces access to such education, particularly for girls. The Government states in its report that access to primary education is free. Moreover, the Committee notes that the survey on employment and the informal sector in Cameroon in 2005 reveals that, regardless of age, more men than women have attended school. The survey also indicates that gender-based inequalities in access to education are particularly severe in the regions of the North and Far North, where the school attendance rate for girls is only 8 and 4 per cent, respectively. It also emphasizes the fact that, with respect to the 25–50 age group, 9 per cent of men and 4 per cent of women have completed higher studies. The survey emphasizes the fact that where families have chosen to send children to school without any distinction as to sex, girls run the risk of being less successful than boys at school because of their involvement in domestic work. As a result, women entering the labour market are concentrated in jobs having a low level of qualification and in occupations traditionally performed by women. In view of this situation, the Committee requests the Government to send information on measures designed to promote access to primary and secondary education for girls and to promote training for women in non-traditional branches of activity.
5. Protective measures with regard to women. The Committee notes section 82 of the Labour Code, which prohibits women from working at night in industry, and section 83 of the Labour Code, which provides for the adoption of an Order determining the types of work which women are not permitted to perform. This Order excludes women from work which exceeds their physical strength and from work considered to be hazardous or insalubrious. The Committee notes that, according to the abovementioned survey conducted by PAMODEC, the vast majority of women interviewed suggested that the Order related to section 83 of the Labour Code should be updated periodically to adjust it to women’s new occupational skills and capacities. The Committee requests the Government to supply information on the revision of the list of types of work which are prohibited for women and requests the Government to limit protective measures regarding women to measures intended to provide maternity protection.
6. Discrimination on the basis of race, colour or national extraction. 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.
7. Discrimination with regard to indigenous peoples. The Committee notes that the Government’s report merely states that efforts have been made by the authorities and by NGOs to provide education and vocational training for indigenous peoples. The Committee requests the Government to supply full information on the measures taken to improve the conditions of life and work of indigenous, especially in terms of equality of opportunity and treatment in employment and occupation. The Committee hopes that the Government will make every effort in its next report to supply statistical information, disaggregated by sex, on the situation of the Baka, Bagyèli and Mbororo in the labour market, as well as their participation in education and vocational training.
8. In its previous comments, the Committee noted the setting up of a National Commission on Human Rights and Freedoms and of a National Labour Advisory Commission. The Committee notes the Government’s statement to the effect that it does not yet have any reports from these two commissions. The Committee requests the Government to keep it informed on the activities planned or undertaken by the National Commission on Human Rights and Freedoms and the National Labour Advisory Commission to promote the principle of equality of opportunity and treatment in employment and occupation, in conformity with the provisions of the Convention.
9. Part V of the report form. Statistics. The Committee notes from the Government’s report that the National Employment and Vocational Training Observatory and the PAMODEC project are due to supply the requested statistics in the near future. The Government also requests assistance from the ILO with a view to the production of statistics. The Committee hopes that the Government will be able to make use of technical assistance from the Office to improve the collection and processing of statistical information. Meanwhile, the Committee requests the Government to supply the statistical information available on the distribution of men and women in various posts and the different levels of responsibility.
The Committee notes the communication from the General Confederation of Labour – Liberty Cameroon (CGTL) of 27 August 2007.
1. Article 2 of the Convention. Work of equal value. Collective agreements. In its previous comments, the Committee noted that section 37(1) of the national collective agreement for dockworkers was not fully consistent with the principle set forth in the Convention. This provision does not reflect the principle of equal remuneration for work of equal value and merely ensures that wages are equal for all workers in equal conditions of work and with equal professional ability, regardless of sex. The Committee notes the Government’s statement to the effect that between 2002–07, 17 national collective agreements were concluded applying the principle of equal wages in equal conditions of work. The Committee also notes that according to the communication from the CGTL, although equal remuneration is established in law and in collective agreements, employers are refusing to apply this principle. The Committee notes that the Government has not provided any information on the steps taken to promote the full application of this principle in collective agreements. Consequently, it recalls that under Article 2 of the Convention, the Government has undertaken to promote and, if necessary, ensure the application of the principle of equal remuneration for men and women by means of national laws or regulations, legally established or recognized machinery for wage determination, collective agreements or a combination of these various means. The Committee, therefore, hopes that the Government will take steps to convince the social partners of the need to bring the provisions of collective agreements into line with the principle set forth in the Convention, and asks the Government to send information on the results achieved in this respect. The Committee also asks the Government to provide information on the steps taken to ensure the effective application of the principle of equal remuneration for work of equal value.
2. Article 2. Scope of the principle set forth in the Convention. In its previous comments, the Committee noted that section 70(a) and (b) of the collective agreement for CAMRAIL was not in line with the principle set forth in the Convention. This provision limits the granting of benefits in the form of transport facilities to the wife and children of the employee, thereby excluding the husband of a female employee from such benefits. On that occasion, the Committee recalled that the principle of equal remuneration for men and women for work of equal value applies not only to the basic wage but also to any additional emoluments payable directly or indirectly, whether in cash or in kind. The Committee, therefore, asked the Government to take the necessary measures to bring this section into line with the Convention. In this respect, the Government states that according to section 7 of the CAMRAIL agreement, the revision of provisions of the agreement may take place at the initiative of each of the signatory parties, but not at that of the Government, which has countersigned the agreement. The Government adds that it stands ready to support the party which takes the initiative to revise section 70 of the agreement. The Committee urges the Government to take the necessary steps, in collaboration with the social partners, to ensure that the provisions of section 70 of the CAMRAIL agreement are in full conformity with the principle set forth in the Convention. Furthermore, the Committee once again asks the Government to take concrete steps, in cooperation with the social partners, to ensure that collective agreements such as those noted above are free from discriminatory provisions and gender-biased language with respect to remuneration and, in particular, additional allowances and benefits.
The Committee is also raising other points in a request addressed directly to the Government.
The Committee regrets to note that the Government’s report does not provide full information on all the points raised in its previous observation. The Committee reiterates the importance of pursuing dialogue on the application of the Convention so that it can identify the progress made by the Government in the application of the Convention and the remaining challenges which it faces. The Committee, therefore, hopes that the Government will make every effort to supply full information on the points set out below.
1. Articles 1 and 2 of the Convention. National policy and legislation on equality. For a number of years, the Committee has expressed its concern that the preamble to the national Constitution, section 1(2) of the 1992 Labour Code, section 5 of the Public Service Regulations, and section 7 of the Education Act do not prohibit discrimination on grounds of race, colour or national extraction, as required by Article 1(1)(a) of the Convention. The Committee has also repeatedly commented on the lack of a national policy to promote equality of opportunity and treatment in respect of employment and occupation. It regrets once again to note that the Government’s report does not provide any new information on the finalization of the national policy on equality and merely refers to the prohibition of discrimination as set out in the national legislation. In this regard, the Committee is bound to remind the Government that while the affirmation of the principle of equality in national legislation represents an important step in the implementation of the Convention, it is not sufficient in itself to constitute a national policy within the meaning of Article 2 of the Convention. Such a policy necessarily includes the adoption and implementation of specific proactive measures, such as educational and awareness-raising programmes, aimed at the promotion of equality in employment and occupation with respect to all seven grounds listed in the Convention.
2. The Committee trusts that the Government will take the necessary steps to ensure the application of the Convention and urges the Government to provide detailed information in its next report on the following:
(a) the measures taken or envisaged to bring the abovementioned legislative instruments into conformity with the provisions of the Convention with a view to introducing an explicit definition and prohibition of all forms of discrimination on any of the seven grounds listed in Article 1(1) of the Convention, namely, race, colour, sex, religion, political opinion, national extraction and social origin;
(b) the progress made in the adoption of a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation.
The Committee notes the communication from the General Confederation of Labour‑Liberty (CGT-Liberty), dated 10 October 2005, alleging that certain enterprises apply discriminatory wage differentials based on ethnicity. The Committee refers in this regard to its comments made under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).
1. Wage differentials. The Committee regrets that no further information has been provided by the Government on the measures taken in relation to the matters previously raised by the Union of Free Trade Unions of Cameroon (USCL) concerning the wage differentials applied by certain employers in remote areas. It trusts that the Government’s next report will include the requested information, including on any action taken to monitor and address cases of wage discrimination in these areas so as to ensure that the principle of equal remuneration for men and women for work of equal value is fully applied.
2. Statistical information. Recalling its previous direct request, the Committee notes that the Government again does not provide statistical information on the distribution of men and women in different job categories and their earning levels. Noting that the Government again requests the technical assistance of the Office for the compilation of all requested data, the Committee hopes that it will be possible to provide such assistance in the very near future. In the meantime, the Committee nevertheless encourages the Government to make every effort to collect and provide any information on the practical application of the Convention, including through collective agreements, that would permit the Committee to assess the nature and extent of any existing wage inequalities between men and women.
Further to its observation, the Committee requests the Government to provide in its next report information on the following points.
1. Article 1 of the Convention. Discrimination on the grounds of sex. Sexual harassment. Recalling its general observation of 2002 on sexual harassment, the Committee requests the Government to provide information on any legislative or other measures taken or envisaged to prevent and punish sexual harassment at work.
2. Equality between men and women with respect to access to employment and vocational training. The Committee had previously noted the concern expressed by both the Committee on Economic, Social and Cultural Rights (E/C.12/1/Add.40) and the Committee on Human Rights (CCPR/C/79/Add.116) with respect to the unequal legal status of women regarding the right to own property, the laws on credit and bankruptcy and the right of husbands to seek a court order to prevent wives from engaging in certain occupations. The Committee notes from the Government’s report that the Committee of Synergy, a body for tripartite consultation on labour issues and questions of social security, is envisaged to deal with the elimination of all legislative provisions or policies that are not in conformity with the national policy against discrimination. The Committee must again draw the Government’s attention to the need to identify and repeal the legal provisions in the Civil Code and the Commercial Code which are contrary to the Convention. It trusts that the Government will provide with its next report full information on the steps taken, including by the Committee of Synergy, to review the legislation concerned with a view to ensuring that it is giving full effect to the principle of equality of opportunity and treatment in respect of employment and occupation.
3. The Committee recalls the small number of women among public servants (25 per cent) and jobseekers in general (30 per cent). It understands that one of the objectives of the “African Platform for employment and the reduction of poverty” is to promote the organizational and professional skills of job searchers, especially women and young people. The Committee requests the Government to provide in its next report information on the results achieved in this regard. The Committee further reiterates its request to the Government to provide statistical information showing the distribution of men and women in the various posts and at the different levels of responsibility, as well as information on the measures taken to improve the participation rate of women in employment and vocational training in the public service.
4. Equal access to education. The Committee had previously expressed its concern that, while Act No. 98/004 on education policy provides for equal access to education without any distinction as to sex (section 7), it does not guarantee free primary education, which considerably reduces access to such education, particularly in the case of girls. Considering the low female literacy rate and high drop‑out rate of girls noted in its previous comments, the Committee emphasizes once more the importance of measures to promote the access of girls to primary and secondary education and programmes to reduce the female illiteracy rate, as a means to implement the principle of the Convention. The Committee therefore hopes that the Government’s next report will provide full details in this regard.
5. Discrimination on the basis of race, colour and national extraction. Further to its observation, the Committee takes note of the comments made by the General Confederation of Labour-Liberty (CGT-Liberty) on the Equal Remuneration Convention, 1951 (No. 100), alleging that certain enterprises apply wage differentials on the basis of ethnicity. Referring again to the insufficient protection against discrimination in national legislation, the Committee requests the Government to indicate in its next report the measures taken to eliminate the practice of wage discrimination on the basis of national extraction.
6. Discrimination of indigenous peoples. The Committee understands that in Yaoundé a national workshop was held under the patronage of the Ministry for Social Affairs from 15 to 17 June 2005 to discuss the situation of indigenous and tribal peoples, including the serious difficulties the Baka, Bagyèli and Mbororo face with respect to access to education and employment, the terms and conditions of employment and remuneration. The Committee understands further that the situation of the indigenous peoples has been addressed in the context of the Forum on National Solidarity (21-24 June 2005). The Committee asks the Government to provide with its next report information on measures taken to improve the living and working conditions of indigenous and tribal peoples, in particular with regard to equality of opportunity and treatment in employment and occupation. The Committee would also appreciate receiving statistical information, disaggregated by sex, on the situation of the Baka, Bagyèli and Mbororo in the labour market, including participation in education and vocational training.
7. Recalling the creation of the new National Commission on Human Rights and Freedoms by Act No. 2004-16, the Committee reiterates its request that the Government indicate in its next report activities undertaken or envisaged by this Commission to promote the principle of equality of opportunity and treatment in employment and occupation, as set out in the Convention.
1. The Committee notes the communication from the General Union of Cameroon Workers (UGCT) dated 30 August 2005 regarding the application of the principle of the Convention by means of collective agreements, and the Government’s reply thereto.
2. Article 2 of the Convention. Collective agreements. The Committee had previously commented on the discriminatory provisions in the collective agreement for CAMRAIL, which limits the granting of transport facilities to the “wife and children” of the employee (section 70(a) and (b)). It had also noted that section 37(1) of the collective agreement for dockworkers provides that equal wages shall be paid only “in equal conditions of work and professional ability” without distinction on the basis of sex. With regard to the CAMRAIL agreement, the Committee notes that the Government continues to state that the additional allowances and benefits in the collective agreement are only granted to the wife and children of employees, thereby excluding the husband of a female employee from such benefits. It also notes the comment of the UGCT stating that the relevant provisions in the CAMRAIL agreement have not been modified but that, in practice, equality of treatment exists. The Committee reminds the Government that the Convention covers all components arising out of an employment relationship, and that the definition of remuneration as set out in Article 1(a) of the Convention includes not only the basic wage but also any additional emoluments payable directly or indirectly, whether in cash or in kind. Furthermore, noting again the absence of any information in the Government’s report regarding the application of the principle of the Convention to dockworkers, the Committee must recall that the principle of equal remuneration under Article 1(b) goes beyond equal remuneration for work in equal conditions and also covers work that is different but nonetheless of equal value. The Committee therefore asks the Government to provide in its next report concrete information on the measures taken, in cooperation with the social partners, to ensure that collective agreements such as those noted above are free from discriminatory provisions and gender-biased language with respect to remuneration and, in particular, additional allowances and benefits.
3. Noting further that the Government’s report has again provided little or no information with respect to the points raised in its previous comments, the Committee trusts that the Government will make every effort to collect and communicate, in its next report, the requested information in order to enable the Committee to assess the extent to which effect is given in law and in practice to the principle of equal remuneration for men and women for work of equal value.
1. Articles 1 and 2 of the Convention. National policy and legislation on equality. For a number of years the Committee has expressed its concern that the Preamble to the National Constitution, section 1(2) of the 1992 Labour Code, section 5 of the Public Service Statute and section 7 of the Act on education policy, do not prohibit discrimination on the grounds of race, colour and national extraction, as required by Article 1(1)(a) of the Convention. It has also repeatedly commented on the absence of a national policy on the promotion of equality of opportunity and treatment in respect of employment and occupation. The Committee regrets to note that the Government’s report again does not provide new information on the finalization of the national policy on equality and continues to refer to the prohibition of discrimination as set out in the national legislation. In this regard, the Committee must remind the Government that while the affirmation of the principle of equality in national legislation represents an important step in the implementation of the Convention, it is not sufficient in itself to constitute a national policy within the meaning of Article 2 of the Convention. Such a policy necessarily includes the adoption and implementation of concrete and proactive measures, such as educational and awareness-raising programmes, aimed at the promotion of equality in employment and occupation in respect of all seven grounds listed in the Convention.
2. The Committee trusts that the Government will take the necessary steps to ensure compliance with the Convention and urges the Government to provide detailed information with its next report on the following:
(a) the measures envisaged or taken to harmonize the abovementioned legislation with the provisions of the Convention with a view to introducing an explicit definition and prohibition of discrimination on the seven grounds enumerated in Article 1(1) of the Convention, namely, race, colour, sex, religion, political opinion, national extraction and social origin;
(b) the progress made in adopting a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation;
(c) the activities undertaken by the National Labour Advisory Committee and the Committee responsible for monitoring and evaluating the application of ILO Conventions with respect to ensuring the full implementation of the present Convention.
3. Noting that the Government’s report has provided little or no information with respect to the points raised in its previous comments, the Committee trusts that the Government will make every effort to collect and communicate, in its next report, the requested information in order to enable the Committee to assess the implementation of the Convention and the progress made.
The Committee is raising other and related points in a request addressed directly to the Government.
1. The Committee regrets to note that the Government’s report does not contain a response to its previous comments and that it only provides general information, which does not enable the Committee to assess the extent to which the principle of non-discrimination in employment and occupation is applied in practice. The Committee hopes that the Government’s next report will provide detailed information on the following points.
2. Having already noted in its previous request that a committee was created in 2001 to monitor and evaluate the application of ILO Conventions, the Committee requests the Government to provide detailed information with its next report on any action taken or envisaged by this Committee with respect of the application of the present Convention.
3. Article 1 of the Convention. Prohibited grounds of discrimination. As the Government has provided no new information in this regard, the Committee is bound to reiterate its concern that the national legislation does not prohibit discrimination on the grounds of race, colour and national extraction, as required by Article 1(1)(a) of the Convention. It recalls that the Labour Code of 1992 only prohibits discrimination on the grounds of sex and nationality, the Public Service Statute (section 5 of Decree No. 74,138 of 18 February 1974) prohibits discrimination in access to public employment only on the ground of sex, and that section 7 of Act No. 98/004 of 14 April 1998 on education policy prohibits discrimination in access to education on the grounds of sex, religion, political opinion and social origin. The Committee therefore once again requests the Government to provide detailed information in its next report on the measures taken or envisaged to ensure the full conformity of the national legislation with the Convention by prohibiting discrimination on the seven grounds enumerated in the Convention, namely race, colour, sex, religion, political opinion, national extraction or social origin.
4. Legal status of women. The Committee recalls that in its direct request of 2003 it noted the concern expressed by both the Committee on Economic, Social and Cultural Rights (E/C.12/1/Add.40) and the Committee on Human Rights (CCPR/C/79/Add.116) in 1999 with respect to the unequal legal status of women in such field as the right to own property, the laws regarding credit and bankruptcy and the right of husbands to seek a court order to prevent wives from engaging in certain occupations. As the Government has not provided any information on this subject, the Committee once again urges the Government to identify and repeal the legal provisions in the Civil Code and the Commercial Code which are contrary to the Convention. Please provide information with its next report on any progress that has been made in this area.
5. Article 2. National policy on equality of opportunity and treatment in employment and occupation. The Committee notes the Government’s statement that it is still finalizing a national policy for the promotion of equality of opportunity in employment and occupation. It also notes that the National Labour Advisory Committee, established under section 117 of the Labour Code, has now resumed work. The Committee requests the Government to provide information on any progress regarding development and adoption of the national policy, which it trusts will give effect to the principle of non-discrimination.
6. Recalling that in its previous comments it previously noted from the statistical information provided by the Government that women account for approximately one-quarter of all public servants and 30 pre cent of all the jobseekers placed by the National Employment Fund between its creation in 1990 until June 2001, it requests the Government to provide information with its next report on measures taken to improve the participation rate of women in employment and vocational training in the public and private sector. It also requests the Government to provide statistical information with its next report showing the distribution of employment in the various posts and at the different levels of responsibility, disaggregated by sex and also by national extraction and religion.
7. Recalling that in its previous comments it noted that section 7 of Act No. 98/004 of 14 April 1998 on education policy provides for equal access to education without any distinction as to sex, the Committee reiterates its concern that the Act does not guarantee free primary education, which considerably reduces access to such education, particularly in the case of girls. The Committee also notes the concern expressed by the Committee on the Elimination of Discrimination Against Women (A/55/34) in June 2000 that despite government efforts in this area, the female literacy rate is low, the school drop-out rate among girls is high and the proportion of girls receiving basic education is small. The Committee therefore reiterates its request to the Government to provide information with its next report on the measures taken or envisaged to promote the access of girls to primary and secondary education and to devise programmes to reduce the female illiteracy rate.
8. The Committee understands that on 22 July 2004, Act No. 2004-16 was adopted, creating a new National Commission on Human Rights and Freedoms. It understands that the National Commission consists of 30 members, inter alia, judges, professors, NGOs and representatives of women’s organizations. Noting that the mandate of the National Commission includes the formulation of recommendations and issuing opinions and reports on human rights and fundamental freedoms, the Committee requests the Government to provide detailed information with its next report on activities undertaken or envisaged by the Commission to promote the principle of equality of opportunity and treatment in employment and occupation, as set out in the Convention.
1. While noting the brief information contained in the Government’s report, the Committee regrets that the Government’s report does not contain a reply to its previous comments and that it contains only general information, which does not enable the Committee to assess the extent to which the principle of equal remuneration for men and women workers for work of equal value, as set out in the Convention, is applied in practice.
2. The Committee recalls from its previous direct request the comments received from the Union of Free Trade Unions of Cameroon (USLC) on 23 February 2001 claiming, inter alia, that certain employers, especially those in remote areas, apply wage rates that are not in conformity with the regulations issued by the Ministry of Employment, Labour and Social Services (MELS). The Committee notes the Government’s statement in its report of 2004 that USCL has not specified which remote areas are concerned, but that the Government has sent a letter to USLC requesting it to indicate the areas and that action will be taken. The Committee hopes that specifications will be given and that the Government will provide detailed information in its next report on the measures taken in relation to the matters raised by the USCL, including any action taken to strengthen the capacity of labour inspectors to report cases of wage discrimination in these areas so as to ensure that the principle of equal remuneration for men and women workers for work of equal value is fully applied.
3. Article 2 of the Convention. Collective agreements. The Committee notes the Government’s statement that wages negotiated through collective agreements have increased by between 7 per cent and 18 per cent, but it omits to provide information enabling the Committee to assess the manner in which the principle of equal remuneration for men and women workers for work of equal value is applied in practice.
4. The Committee is bound to reiterate its previous direct request with respect to allowances and benefits which are only granted to wives and children under the Collective Agreement for CAMRAIL. It noted that section 2 of the Collective Agreement provides for protection against discrimination on the basis of sex, but restricts transport facilities only to be granted to the "wife and children" of the employee (section 70(a) and (b)), thereby excluding the husband of a woman worker from such benefits. The Committee points out once again that the Convention covers all components of remuneration arising out of the employment relationship. It therefore reiterates its request to the Government to provide information on any measures taken or envisaged to eliminate discriminatory provisions in collective agreements with respect to remuneration, and particularly with regards to additional allowances and benefits.
5. The Committee also reiterates its request with regard to section 37(1) of the Collective Agreement for Dock Workers, which provides than "in equal conditions of work and professional ability" equal wages shall be paid to all workers without distinction on the basis of sex. Recalling that the principle enshrined in Article 1(b) of the Convention goes beyond equal remuneration for men and women workers for "equal work" or "work in equal conditions", the Committee reiterates its request to the Government to provide detailed information with its next report on any measures taken or envisaged to make sure that men and women covered by the Collective Agreement for Dock Workers are entitled to equal remuneration for work of equal value, and not just for equal work.
6. Statistical information. The Committee notes the Government’s statement that disaggregated statistical information, according to job category and earnings levels, still has not been compiled and that it once again requests the technical assistance of the Office. The Committee hopes it will be possible to provide such assistance in the very near future. It also hopes that the Government will be in a position in the near future to collect the necessary data, disaggregated by sex, so that the Committee can assess the nature and extent of any existing wage inequalities between men and women workers.
The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
The Committee notes the information provided by the Government in its report, as well as the attached documentation and copies of legislation and collective agreements.
1. With reference to its previous direct request in which the Committee asked for statistics on earnings and salary scales in branches of activity in which mostly women are employed (in comparison with salary rates in sectors in which mostly men are employed), the Committee notes the Government’s statement that, contrary to the indications previously given by the Government, these statistics are not available. It also notes that the Government reaffirms its willingness to undertake surveys in private education and the health and hotel and restaurant sectors in Yaoundé and Douala - which are sectors primarily employing women - in order to determine the disparity in the remuneration for men and women workers for work of equal value, and that it will communicate these statistics, once they are available. As regards its request for information on the distribution of men and women at various wage levels, the Committee notes that the Government intends to collect statistics in labour-intensive industries in Yaoundé and Douala so as to verify whether any concentration of women exists in low-salary and low-status jobs.
2. Further to the above, the Committee notes the information provided by the Government with respect to the salary scales for workers in the public and para public service. It also notes the collective agreements for enterprises undertaking public works and agricultural, forestry and processing activities and the salary scales and classification of posts annexed to the collective agreements for CAMRAIL, the banking and finance sector, and dockworkers. While appreciating this information, the Committee notes, however, that the data do not provide any information on the distribution of men and women, according to job category and earnings levels, in these different sectors of activity. Noting that the Government intends to seek the Office’s technical advisory services to facilitate data collection, the Committee recalls its previous comments on the subject and hopes, once again, that the Government will be in a position, with the cooperation of employers’ and workers’ organizations and any other appropriate body, to collect the necessary data that will enable the Committee to assess the nature and extent of any existing wage inequalities.
3. The Committee notes that section 2 of the Collective Agreement for CAMRAIL provides for protection against discrimination on the basis of sex but restricts transport facilities to the "wife and children" of the employee (section 70(a) and (b)). Recalling Article 1(a) of the Convention, it asks the Government to provide information on any measures taken or contemplated to eliminate discriminatory provisions with respect to remuneration, in particular additional allowances and benefits, in collective agreements. It also encourages the Government to consider measures aimed at raising awareness amongst the social partners so as to enable them to avoid the use of gender-biased language in those collective agreements. The Committee also notes that section 37(1) of the Collective Agreement for Dock Workers provides that "in equal conditions of work and professional ability" equal wages shall be paid to all workers without distinction on the basis of sex. It recalls that the principle enshrined in Article 1(b) of the Convention goes beyond equal remuneration for men and women workers for "equal work" or "work in equal conditions", and asks the Government to provide information on any measures taken or envisaged to make sure that men and women covered by the agreement are entitled to equal remuneration for work of equal value as well as for equal work.
4. With respect to the application of Articles 2 and 4 of the Convention, the Committee notes the Government’s statement that it is not excluded from the wage-fixing machinery and that the collaboration with the social partners does not raise any problems. The Committee refers to its previous comments on this subject and asks the Government, once again, to provide practical information on any measures taken or contemplated: (a) to ensure application of the principle of equal remuneration for work of equal value in the fields in which it can exercise direct or indirect influence on determining wages; (b) to promote application of the principle of equal remuneration in cases where the Government is not involved in wage setting; and (c) to cooperate with the employers’ and workers’ organizations, particularly the National Consultative Commission of Labour, for the purpose of giving effect to the provisions of the Convention and of national legislation on the subject.
1. The Committee notes the Government’s report. It notes the decision of 17 July 2001 creating a committee to monitor and evaluate the application of ILO Conventions. The Committee also welcomes as a positive development the creation in 1997 of the Ministry for the Status of Women responsible for promoting gender equality.
2. With reference to its previous comments, the Committee notes that section 1(2) of the Labour Code of 1992 prohibits discrimination only on grounds of sex and nationality, and that the Public Service Statute (section 5 of Decree No. 74 138 of 18 February 1974) prohibits discrimination in access to public employment only on grounds of sex. The Committee further notes that section 7 of Act No. 98/004 of 14 April 1998 on education policy in Cameroon refers, inter alia, to the prohibition of discrimination on grounds of sex, religion, political opinion and social origin, but does not mention the other grounds set out in Article 1, paragraph 1(a), of the Convention, namely race, colour and national extraction. Recalling that importance must be attached to all the sources of discrimination envisaged in Article 1, paragraph 1(a), the Committee wishes to express its concern over the lack of protection against discrimination on all grounds listed in the Convention and requests the Government to provide information on measures taken or envisaged to ensure full conformity of the national legislation with the abovementioned provisions of the Convention.
3. The Committee notes the observations made by the Committee on Economic, Social and Cultural Rights in December 1999 to the effect that the Government had not yet embarked on the necessary law reform to repeal the laws "which maintain the unequal legal status of women, particularly in aspects of the Civil Code and the Commercial Code relating to, inter alia, the right to own property and the laws regarding credit and bankruptcy, which restrict women’s access to the means of production" maintaining them in a position of inferiority (E/C.12/1/Add.40). The Committee on Human Rights, too, noted in its concluding observations of 4 November 1999 (CCPR/C/79/Add.116) the "ability of husbands to seek a court order to prevent wives from engaging in certain occupations". The Committee urges the Government to identify and repeal the existing legal provisions which are contrary to the Convention and to report any progress that has been made in this area.
4. Noting from the Government’s report that the national policy to promote equal opportunities in employment and occupation has not yet been codified but that a document has been drafted on national policy which requires broad tripartite consultation in order to be finalized; noting also that the national labour advisory committee established under section 117 of the Labour Code has resumed work, the Committee hopes that the above draft will expressly provide that effect be given to the principle of non-discrimination. The Committee also asks the Government to keep it informed of any progress regarding the declaration and pursuit of the policy on equal opportunities and treatment in respect of access to vocational training, employment and working conditions, in both the public sector and the private sector.
5. The Committee underscores the importance of special measures and programmes to promote equal opportunities and treatment. In this connection it takes note of the efforts made to disseminate information on combating discrimination against women. It also notes the measures set up to promote equal opportunities and treatment in vocational training, such as recruitment by competition and by paper qualifications in the public service, and the opening of vocational training centres under various ministerial departments. Lastly, it notes the various tasks entrusted to the Training and Vocational Guidance Directorate of the Ministry of Employment, Labour and Social Welfare in the area of monitoring implementation of the vocational guidance and training policy, assistance to ministries for the recruitment of personnel and the monitoring of the regulations on psychological and technical testing in vocational guidance.
6. The Committee notes that, according to the statistics provided by the Government in its report, women account for approximately one quarter of all public servants and 30 per cent of all the jobseekers placed by the National Employment Fund between its creation in 1990 until 30 June 2001 (the percentage being very close to the proportion of women who applied to the Fund over the same period). The Committee requests the Government to continue to provide information on the measures taken or envisaged to improve the participation rate of women in employment and vocational training in the public sector and in the private sector. It requests the Government to continue to supply information showing the distribution of employment in the various posts and at the different levels of responsibility, if possible disaggregated by sex and also by national extraction and religion.
7. The Committee notes that section 7 of Act No. 98/004 of 14 April 1998 on education policy in Cameroon provides that "the State shall ensure equality of opportunity for all in access to education without any distinction as to sex (...)". The Committee observes, however, that the above Act does not guarantee free primary education, which considerably reduces access to such education, particularly in the case of girls. The Committee also notes the observations of 26 June 2000 by the Committee on the Elimination of Discrimination Against Women (A/55/38), which expresses concern that, despite government efforts in this area, the female literacy rate is low, the school drop-out rate among girls is high and the proportion of girls receiving basic education is small. In this connection, the Committee on Economic, Social and Cultural Rights noted in its concluded observations of December 1999 (E/C.12/1/Add.40) that the illiteracy rate among women is 49.9 per cent as compared with 30 per cent for men. The Committee would like to receive information on effective measures taken by the Government to encourage access for girls to primary and secondary education establishments and to devise programmes to reduce the female illiteracy rate.
The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:
The Committee notes the comments received from the Union of Free Trade Unions of Cameroon (USLC) on 23 February 2001 which relate to the application of the Convention in remote areas and which were transmitted to the Government for comments on 29 March 2001.
The Committee notes that, according to the USLC, the information provided by the Government in its report reflects overall the reality with respect to the legislative texts cited in the Government’s report. However, the USLC also indicates that certain employers, especially those in remote areas, apply rates that are not in conformity with the regulations implemented by the Ministry of Employment, Labour and Social Services (MELS), and requests that the inspectors of the MELS be more vigilant in these areas. The Committee notes that the Government does not reply to the comments made by the USLC and it asks the Government to indicate the measures taken or envisaged to eradicate any wage disparity between men and women workers in remote areas, including any action taken to strengthen the capacity of labour inspectors to report cases of wage discrimination in these areas, so as to ensure improved application of the principle of equal remuneration for men and women workers for work of equal value.
The Committee hopes that the Government will make every effort to take the necessary action in the very near future.
The Committee is raising other points in a request directly addressed to the Government.
2. Further to the above, the Committee notes the information provided by the Government with respect to the salary scales for workers in the public and para-public service. It also notes the collective agreements for enterprises undertaking public works and agricultural, forestry and processing activities and the salary scales and classification of posts annexed to the collective agreements for CAMRAIL, the banking and finance sector, and dockworkers. While appreciating this information, the Committee notes, however, that the data do not provide any information on the distribution of men and women, according to job category and earnings levels, in these different sectors of activity. Noting that the Government intends to seek the Office’s technical advisory services to facilitate data collection, the Committee recalls its previous comments on the subject and hopes, once again, that the Government will be in a position, with the cooperation of employers’ and workers’ organizations and any other appropriate body, to collect the necessary data that will enable the Committee to assess the nature and extent of any existing wage inequalities.
4. With respect to the application of Articles 2 and 4 of the Convention, the Committee notes the Government’s statement that it is not excluded from the wage-fixing machinery and that the collaboration with the social partners does not raise any problems. The Committee refers to its previous comments on this subject and asks the Government, once again, to provide practical information on any measures taken or contemplated: (a) to ensure application of the principle of equal remuneration for work of equal value in the fields in which it can exercise direct or indirect influence on determining wages; (b) to promote application of the principle of equal remuneration in cases where the Government is not involved in wage-setting; and (c) to cooperate with the employers’ and workers’ organizations, particularly the National Consultative Commission of Labour, for the purpose of giving effect to the provisions of the Convention and of national legislation on the subject.
2. With reference to its previous comments, the Committee notes that section 1(2) of the Labour Code of 1992 prohibits discrimination only on grounds of sex and nationality, and that the Public Service Statute (section 5 of Decree No. 74-138 of 18 February 1974) prohibits discrimination in access to public employment only on grounds of sex. The Committee further notes that section 7 of Act No. 98/004 of 14 April 1998 on education policy in Cameroon refers, inter alia, to the prohibition of discrimination on grounds of sex, religion, political opinion and social origin, but does not mention the other grounds set out in Article 1, paragraph 1(a), of the Convention, namely race, colour and national extraction. Recalling that importance must be attached to all the sources of discrimination envisaged in Article 1, paragraph 1(a), the Committee wishes to express its concern over the lack of protection against discrimination on all grounds listed in the Convention and requests the Government to provide information on measures taken or envisaged to ensure full conformity of the national legislation with the abovementioned provisions of the Convention.
The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which reads as follows:
1. As the Government has affirmed many times that implementation of the Convention raises no problems in practice, the Committee asked the Government to supply statistics on jobs in which there is a heavy concentration of women and, particularly, on their earnings compared with those of men engaged in a job of equivalent value in order to assess the nature and extent of any existing wage inequalities. Each time, the Government replied that it would supply the information as soon as it was available. The Committee notes, however, that in its most recent report, the Government no longer mentions this matter, merely reaffirming that in Cameroon wage scales make no distinction between men and women workers. First, the Committee refers the Government to the 1990 general observation in which the Committee noted that the difficulties in applying the Convention encountered by governments appeared to be due to a number of factors, including lack of knowledge of the true situation due to the unavailability or inadequacy of data and research in this field. As it explained in paragraphs 22 and 72 of its 1986 General Survey on equal remuneration, the Committee recalls that while the adoption of wage scales which are neutral from the point of view of sex of the worker concerned is a prerequisite for application of the Convention, it is not sufficient. In fact, wage discrimination may also arise out of the existence of occupational categories and jobs reserved for women and thus a biased evaluation of jobs traditionally considered as "peculiar to women". Consequently, the fact that women workers are more heavily concentrated in certain jobs and sectors of activity must also be taken into account when a government is endeavouring to assess the application in practice of the principle of equal remuneration for work of equal value in its country. The Committee therefore requests the Government once again to endeavour to collect data, with the cooperation of employers’ and workers’ organizations, on earnings and salary scales practised in branches of activity in which mostly women are employed (in comparison with salary rates in sectors in which mostly men are employed, in work of equal value). On the same lines, the Committee requests the Government to supply information on the general distribution of men and women at various wage levels to enable it to assess whether there is a concentration of women in the wage groups at the bottom of the scale and in jobs with low levels of responsibility. Finally, the Committee suggests that the Government call on the ILO technical advisory services on statistics in order to facilitate its data collection. 2. In its previous comment, the Committee noted that since 1992 the State no longer has a monopoly on wage fixing. It therefore asked the Government to supply copies of the collective agreements in force which determine wage levels in sectors employing a large number of women and, in particular, of the collective agreements concluded in enterprises undertaking public works and agricultural, forestry and processing activities. In regard to the obligation of a State which has ratified the Convention to ensure the application of the principle of equal remuneration, the Committee notes that under Article 2, paragraph 1, of the Convention, this obligation applies only in so far as is consistent with the methods in force for setting rates of remuneration. As it emphasized in paragraph 27 of the abovementioned General Survey, if the State intervenes in the field of minimum wage fixing, it is barred from referring to the principle of free collective bargaining in order to avoid this obligation. Furthermore, still under Article 2 of the Convention, where the Government is excluded from wage fixing because of the right to collective bargaining, it must promote the application of the principle and, by virtue of Article 4 of the Convention, cooperate as appropriate with the employers’ and workers’ organizations concerned for the purpose of giving effect to the provisions of the Convention. 3. The Committee therefore requests the Government to supply information on the measures taken or contemplated: (a) to ensure application of the principle of equal remuneration in the fields in which it can exercise direct or indirect influence on determining wages; (b) to promote application of the principle of equal remuneration in cases where the Government is excluded from the wage-setting machinery; and (c) to cooperate with the employers’ and workers’ organizations for the purpose of giving effect to the provisions of the Convention and of national legislation on the subject. Finally, the Committee would like to receive copies of the collective agreements concluded in enterprises undertaking public works and agricultural, forestry and processing activities which were referred to as being attached to the report, but have not been received.
1. As the Government has affirmed many times that implementation of the Convention raises no problems in practice, the Committee asked the Government to supply statistics on jobs in which there is a heavy concentration of women and, particularly, on their earnings compared with those of men engaged in a job of equivalent value in order to assess the nature and extent of any existing wage inequalities. Each time, the Government replied that it would supply the information as soon as it was available. The Committee notes, however, that in its most recent report, the Government no longer mentions this matter, merely reaffirming that in Cameroon wage scales make no distinction between men and women workers. First, the Committee refers the Government to the 1990 general observation in which the Committee noted that the difficulties in applying the Convention encountered by governments appeared to be due to a number of factors, including lack of knowledge of the true situation due to the unavailability or inadequacy of data and research in this field. As it explained in paragraphs 22 and 72 of its 1986 General Survey on equal remuneration, the Committee recalls that while the adoption of wage scales which are neutral from the point of view of sex of the worker concerned is a prerequisite for application of the Convention, it is not sufficient. In fact, wage discrimination may also arise out of the existence of occupational categories and jobs reserved for women and thus a biased evaluation of jobs traditionally considered as "peculiar to women". Consequently, the fact that women workers are more heavily concentrated in certain jobs and sectors of activity must also be taken into account when a government is endeavouring to assess the application in practice of the principle of equal remuneration for work of equal value in its country. The Committee therefore requests the Government once again to endeavour to collect data, with the cooperation of employers’ and workers’ organizations, on earnings and salary scales practised in branches of activity in which mostly women are employed (in comparison with salary rates in sectors in which mostly men are employed, in work of equal value). On the same lines, the Committee requests the Government to supply information on the general distribution of men and women at various wage levels to enable it to assess whether there is a concentration of women in the wage groups at the bottom of the scale and in jobs with low levels of responsibility. Finally, the Committee suggests that the Government call on the ILO technical advisory services on statistics in order to facilitate its data collection.
2. In its previous comment, the Committee noted that since 1992 the State no longer has a monopoly on wage fixing. It therefore asked the Government to supply copies of the collective agreements in force which determine wage levels in sectors employing a large number of women and, in particular, of the collective agreements concluded in enterprises undertaking public works and agricultural, forestry and processing activities. In regard to the obligation of a State which has ratified the Convention to ensure the application of the principle of equal remuneration, the Committee notes that under Article 2, paragraph 1, of the Convention, this obligation applies only in so far as is consistent with the methods in force for setting rates of remuneration. As it emphasized in paragraph 27 of the abovementioned General Survey, if the State intervenes in the field of minimum wage fixing, it is barred from referring to the principle of free collective bargaining in order to avoid this obligation. Furthermore, still under Article 2 of the Convention, where the Government is excluded from wage fixing because of the right to collective bargaining, it must promote the application of the principle and, by virtue of Article 4 of the Convention, cooperate as appropriate with the employers’ and workers’ organizations concerned for the purpose of giving effect to the provisions of the Convention.
3. The Committee therefore requests the Government to supply information on the measures taken or contemplated: (a) to ensure application of the principle of equal remuneration in the fields in which it can exercise direct or indirect influence on determining wages; (b) to promote application of the principle of equal remuneration in cases where the Government is excluded from the wage-setting machinery; and (c) to cooperate with the employers’ and workers’ organizations for the purpose of giving effect to the provisions of the Convention and of national legislation on the subject. Finally, the Committee would like to receive copies of the collective agreements concluded in enterprises undertaking public works and agricultural, forestry and processing activities which were referred to as being attached to the report, but have not been received.
The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
1. The Committee notes that the Government’s report contains no reply to the question raised by the Committee in its direct request of 1994 concerning the fact that the Preamble to the National Constitution, section 1(2) of the 1992 Labour Code, and the Conditions of Service for the Public Service (section 5 of Decree No. 74-138 of 18 February 1974) do not cover all the criteria expressly mentioned by the Convention as prohibited grounds for discrimination in employment. The Committee therefore asks the Government once again to indicate how the national policy designed to promote equality of opportunity and treatment in respect of employment and occupation with a view to eliminating all distinctions, exclusions or preferences on the grounds referred to in Article 1, paragraph 1(a), of the Convention has been declared. The Government is also asked to describe the general methods by which this policy is being implemented in respect of access to vocational training, access to employment, and terms and conditions of employment, in both the public and private sectors, in accordance with Article 2 of the Convention. The Committee notes furthermore that the Government indicates that the legal basis of the national policy designed to promote equality of opportunity and treatment in respect of employment and occupation is Decree No. 93/571 of 15 July 1993, which specifies the methods for placement of workers. The Committee requests the Government to supply information in its future reports on the concrete measures taken to implement this Decree.
2. The Committee notes that, in its direct request of 1995bis, it asked the Government to communicate information on appeals lodged by persons who are justifiably suspected of, or engaged in, activities prejudicial to the security of the State (Article 4 of the Convention) using the successive appeal procedures recognized in the Labour Code and by Order No. 72/6 of 26 August 1972 providing for the organization of the Supreme Court. In its response, the Government indicates that it is very difficult in legal terms to establish that a worker has been dismissed because of his or her political activities, since employers always contrive to find some professional or economic pretext for the dismissal. As a result of this, appeals by employees who believe they have been wrongfully dismissed because of their political activities are treated as ordinary labour disputes. The Committee also notes that under section 39 of the Labour Code, any dismissal without a valid reason is considered unlawful and may give rise to compensation. The Committee asks the Government to supply information in its future reports on appeals lodged in recent years against wrongful dismissals even where they are treated as ordinary labour disputes.
3. The Committee notes that in answer to its earlier comments concerning Article 2 of the Convention with regard to the national policy designed to promote equality of opportunity and treatment in respect of employment and occupation and the methods used to implement this policy in respect of access to vocational training, the Government indicates that access to vocational training is governed by Act No. 76/12 of 8 July 1976 and Decree No. 79/201 of 28 May 1979 concerning rapid vocational training. The Committee notes that Decree No. 79/201 sets out the conditions for the organization and operation of the Rapid Vocational Training Centres, and the procedures for granting subsidies to these Centres. With reference to paragraph 77 of its 1988 General Survey on equality in employment and occupation, the Committee wishes to draw the Government’s attention to the fact that the term "vocational training" used in the Convention should be interpreted broadly to include any training intended to prepare a person for a job, whether a first-time job or not, or for promotion, in any branch of economic activity, including the general, vocational and technical education required for that purpose. The Committee therefore asks the Government to indicate in its future reports its national policy and general methods designed to promote equality of opportunity in respect of access to vocational training in general, including access to general education and in particular higher education.
4. The Committee notes that section 117 of the Labour Code establishes a National Labour Advisory Committee responsible, on the one hand, for studying problems relating to working conditions, employment, vocational guidance and training, job placement, movement of labour, migration, improvements to the material condition of workers, social security, trade unions and, on the other hand, for expressing views and putting forward proposals on legislation and relevant regulations where this is called for by the Code.
The Committee asks the Government to provide detailed information in its next report on the organization and working methods of the National Labour Advisory Committee, the work it has done and the manner in which the views of employers’ and workers’ organizations are reflected in the national policy concerning the areas covered by the Convention.
5. The Committee notes that, according to the report which the Government submitted to the Human Rights Committee (United Nations document CCPR/C/102/Add.2), the Government has set up a National Committee for Human Rights and Freedoms (CNDHL) by Presidential Decree No. 9P-1459 of 8 November 1990. With regard to the functions attributed to the Committee under article 2 of the Decree of 8 November 1990, namely, to defend and promote human rights and freedoms, the Committee would like to know if this includes the defence and promotion of equal rights in employment and, if this is the case, if the Committee has already taken action in this area. The Committee would also like to receive, in future reports, information on the role of the CNDHL in the promotion of equality of opportunity and treatment in respect of employment and occupation.
6. The Committee notes that the report submitted by the Government to the Human Rights Committee (United Nations document CCPR/C/102/Add.2) draws attention to the concerns and efforts of the Cameroon Government to bring about equality between men and women, in particular by rigorous application of such principles as equal access to the civil service and equal remuneration. Mention is also made in the report of pressure groups set up by women themselves, such as the Association of Women Jurists, the Association for the Advancement of Women and the Association to Combat Violence against Women, and of specialized weekly radio programmes such as "Le droit au féminin". The Committee would like to receive information in future reports on action undertaken by the Government and by these associations to educate and inform the public on anti-discrimination policy.
The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
[...]
1. As the Government has affirmed many times that implementation of the Convention raises no problems in practice, the Committee asked the Government to supply statistics on jobs in which there is a heavy concentration of women and, particularly, on their earnings compared with those of men engaged in a job of equivalent value in order to assess the nature and extent of any existing wage inequalities. Each time, the Government replied that it would supply the information as soon as it was available. The Committee notes, however, that in its most recent report, the Government no longer mentions this matter, merely reaffirming that in Cameroon wage scales make no distinction between men and women workers. First, the Committee refers the Government to the 1990 general observation in which the Committee noted that the difficulties in applying the Convention encountered by governments appeared to be due to a number of factors, including lack of knowledge of the true situation due to the unavailability or inadequacy of data and research in this field. As it explained in paragraphs 22 and 72 of its 1986 General Survey on equal remuneration, the Committee recalls that while the adoption of wage scales which are neutral from the point of view of sex of the worker concerned is a prerequisite for application of the Convention, it is not sufficient. In fact, wage discrimination may also arise out of the existence of occupational categories and jobs reserved for women and thus a biased evaluation of jobs traditionally considered as "peculiar to women". Consequently, the fact that women workers are more heavily concentrated in certain jobs and sectors of activity must also be taken into account when a government is endeavouring to assess the application in practice of the principle of equal remuneration for work of equal value in its country. The Committee therefore requests the Government once again to endeavour to collect data, with the cooperation of employers' and workers' organizations, on earnings and salary scales pracised in branches of activity in which mostly women are employed (in comparison with salary rates in sectors in which mostly men are employed, in work of equal value). On the same lines, the Committee requests the Government to supply information on the general distribution of men and women at various wage levels to enable it to assess whether there is a concentration of women in the wage groups at the bottom of the scale and in jobs with low levels of responsibility. Finally, the Committee suggests that the Government call on the ILO technical advisory services on statistics in order to facilitate its data collection.
2. In its previous comment, the Committee noted that since 1992 the State no longer has a monopoly on wage fixing. It therefore asked the Government to supply copies of the collective agreements in force which determine wage levels in sectors employing a large number of women and, in particular, of the collective agreements concluded in enterprises undertaking public works and agricultural, forestry and processing activities. In regard to the obligation of a State which has ratified the Convention to ensure the application of the principle of equal remuneration, the Committee notes that under Article 2, paragraph 1, of the Convention, this obligation applies only in so far as is consistent with the methods in force for setting rates of remuneration. As it emphasized in paragraph 27 of the above-mentioned General Survey, if the State intervenes in the field of minimum wage fixing, it is barred from referring to the principle of free collective bargaining in order to avoid this obligation. Furthermore, still under Article 2 of the Convention, where the Government is excluded from wage fixing because of the right to collective bargaining, it must promote the application of the principle and, by virtue of Article 4 of the Convention, cooperate as appropriate with the employers' and workers' organizations concerned for the purpose of giving effect to the provisions of the Convention.
3. The Committee therefore requests the Government to supply information on the measures taken or contemplated: (a) to ensure application of the principle of equal remuneration in the fields in which it can exercise direct or indirect influence on determining wages; (b) to promote application of the principle of equal remuneration in cases where the Government is excluded from the wage-setting machinery; and (c) to cooperate with the employers' and workers' organizations for the purpose of giving effect to the provisions of the Convention and of national legislation on the subject. Finally, the Committee would like to receive copies of the collective agreements concluded in enterprises undertaking public works and agricultural, forestry and processing activities which were referred to as being attached to the report, but have not been received.
The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
1. The Committee notes that the Government's report contains no reply to the question raised by the Committee in its direct request of 1994 concerning the fact that the Preamble to the National Constitution, section 1(2) of the 1992 Labour Code, and the Conditions of Service for the Public Service (section 5 of Decree No. 74-138 of 18 February 1974) do not cover all the criteria expressly mentioned by the Convention as prohibited grounds for discrimination in employment. The Committee therefore asks the Government once again to indicate how the national policy designed to promote equality of opportunity and treatment in respect of employment and occupation with a view to eliminating all distinctions, exclusions or preferences on the grounds referred to in Article 1, paragraph 1(a), of the Convention has been declared. The Government is also asked to describe the general methods by which this policy is being implemented in respect of access to vocational training, access to employment, and terms and conditions of employment, in both the public and private sectors, in accordance with Article 2 of the Convention. The Committee notes furthermore that the Government indicates that the legal basis of the national policy designed to promote equality of opportunity and treatment in respect of employment and occupation is Decree No. 93/571 of 15 July 1993, which specifies the methods for placement of workers. The Committee requests the Government to supply information in its future reports on the concrete measures taken to implement this Decree.
3. The Committee notes that in answer to its earlier comments concerning Article 2 of the Convention with regard to the national policy designed to promote equality of opportunity and treatment in respect of employment and occupation and the methods used to implement this policy in respect of access to vocational training, the Government indicates that access to vocational training is governed by Act No. 76/12 of 8 July 1976 and Decree No. 79/201 of 28 May 1979 concerning rapid vocational training. The Committee notes that Decree No. 79/201 sets out the conditions for the organization and operation of the Rapid Vocational Training Centres, and the procedures for granting subsidies to these Centres. With reference to paragraph 77 of its 1988 General Survey on equality in employment and occupation, the Committee wishes to draw the Government's attention to the fact that the term "vocational training" used in the Convention should be interpreted broadly to include any training intended to prepare a person for a job, whether a first-time job or not, or for promotion, in any branch of economic activity, including the general, vocational and technical education required for that purpose. The Committee therefore asks the Government to indicate in its future reports its national policy and general methods designed to promote equality of opportunity in respect of access to vocational training in general, including access to general education and in particular higher education.
The Committee asks the Government to provide detailed information in its next report on the organization and working methods of the National Labour Advisory Committee, the work it has done and the manner in which the views of employers' and workers' organizations are reflected in the national policy concerning the areas covered by the Convention.
6. The Committee notes that the report submitted by the Government to the Human Rights Committee (United Nations document CCPR/C/102/Add.2) draws attention to the concerns and efforts of the Cameroon Government to bring about equality between men and women, in particular by rigorous application of such principles as equal access to the civil service and equal remuneration. Mention is also made in the report of pressure groups set up by women themselves, such as the Association of Women Jurists, the Association for the Advancement of Women and the Association to Combat Violence against Women, and of specialized weekly radio programmes such as "Le droit au f minin". The Committee would like to receive information in future reports on action undertaken by the Government and by these associations to educate and inform the public on anti-discrimination policy.
1. As the Government has affirmed many times that implementation of the Convention raises no problems in practice, the Committee asked the Government to supply statistics on jobs in which there is a heavy concentration of women and, particularly, on their earnings compared with those of men engaged in a job of equivalent value in order to assess the nature and extent of any existing wage inequalities. Each time, the Government replied that it would supply the information as soon as it was available. The Committee notes, however, that in its most recent report, the Government no longer mentions this matter, merely reaffirming that in Cameroon wage scales make no distinction between men and women workers. First, the Committee refers the Government to the 1990 general observation in which the Committee noted that the difficulties in applying the Convention encountered by governments appeared to be due to a number of factors, including lack of knowledge of the true situation due to the unavailability or inadequacy of data and research in this field. As it explained in paragraphs 22 and 72 of its 1986 General Survey on equal remuneration, the Committee recalls that while the adoption of wage scales which are neutral from the point of view of sex of the worker concerned is a prerequisite for application of the Convention, it is not sufficient. In fact, wage discrimination may also arise out of the existence of occupational categories and jobs reserved for women and thus a biased evaluation of jobs traditionally considered as "peculiar to women". Consequently, the fact that women workers are more heavily concentrated in certain jobs and sectors of activity must also be taken into account when a government is endeavouring to assess the application in practice of the principle of equal remuneration for work of equal value in its country. The Committee therefore requests the Government once again to endeavour to collect data, with the cooperation of employers' and workers' organizations, on earnings and salary scales practised in branches of activity in which mostly women are employed (in comparison with salary rates in sectors in which mostly men are employed, in work of equal value). On the same lines, the Committee requests the Government to supply information on the general distribution of men and women at various wage levels to enable it to assess whether there is a concentration of women in the wage groups at the bottom of the scale and in jobs with low levels of responsibility. Finally, the Committee suggests that the Government call on the ILO technical advisory services on statistics in order to facilitate its data collection.
The Committee notes the information supplied by the Government in its report.
1. The Committee notes that in response to its previous comments concerning the employment of persons who are justifiably suspected of, or engaged in, activities prejudicial to the security of the State (Article 4 of the Convention), the Government indicates that there are no legislative measures regulating the employment of such persons but that their activities are punished under penal law. None the less, employees who consider they had been unjustly dismissed following such activities have access to the successive appeal procedures recognized in the Labour Code and by Order No. 72-6 of 26 August 1972, providing for the organization of the Supreme Court. The Committee requests the Government to communicate to it in future reports information on the appeals lodged on this basis and a copy of judgements handed down in this matter.
2. The Committee notes, however, that the Government's report does not contain the information requested in points 1 and 2 of its previous direct request, which read as follows:
It notes that, according to the Preamble to the national Constitution, all human beings, without any distinction as to race, religion, sex, or creed, have inalienable and sacred rights, including the right to work, and that no one may be subjected to harassment because of his extraction, or his religious, philosophical or political opinions or beliefs, subject to respect for the public order. It notes, however, that the other grounds of discrimination expressly mentioned in the Convention -- colour, national extraction and social origin -- are not included in the Constitution. It also notes that the definition of the term "worker" contained in section 1(2) of Act No. 92/007 of 14 August 1992 issuing the Labour Code refers only to "sex and nationality" as grounds on which discrimination is prohibited, and that the other grounds laid down in the Convention are not mentioned in the Labour Code. Furthermore, in the Conditions of Service of the Public Service (section 5 of Decree No. 74-138 of 18 February 1984), discrimination in respect of access to public sector jobs is prohibited only on grounds of sex.
The Committee therefore requests the Government to indicate how the national policy designed to promote equality of opportunity and treatment in respect of employment and occupation with a view to eliminating all distinctions, exclusions or preferences on the grounds referred to in Article 1, paragraph 1(a), of the Convention has been declared, and to describe the general methods by which this policy is being implemented in respect of access to vocational training, access to employment, and terms and conditions of employment, in both the public and private sectors, in accordance with Article 2 of the Convention.
It therefore trusts that the Government will not fail to supply with its next report the detailed information requested for a number of years in its previous direct requests.
1. The Committee notes that the Government reiterates its previous statements to the effect that the results of the general census of the population carried out in 1987 are still not in its possession and that it will supply statistics on jobs in which there is a heavy concentration of women, as soon as possible. In view of the fact that, even if they are finally published, the results of the general census of the population carried out seven years ago will be very outdated and should be brought up to date, the Committee once again hopes that the Government will endeavour, in collaboration with the organizations of employers and workers, to compile data on earnings and related information and to analyse it with a view to gaining a more detailed knowledge of the nature and extent of existing inequalities, and to providing a basis for the formulation of measures to eliminate them, as recommended in paragraph 248 of the General Survey of 1986 on equal remuneration. It requests the Government to supply in its next report the wage scales in occupations and sectors in which a large proportion of women are employed, with an indication of the distribution of men and women at the various levels, in order to be able to assess the manner in which the principle set out in the Convention is given effect in practice.
2. The Committee notes that, according to the report, the minimum wage has been fixed since 1992 by a Decree issued after the National Labour Advisory Commission has given its opinion, and that the occupational categories and wages concerned are determined by negotiation in the framework of collective or enterprise agreements. The Committee would be grateful if the Government would supply with its next report copies of the collective agreements in force which determine wage levels in sectors employing a large number of women, with an indication if possible of the percentage of women covered by these collective agreements and the distribution of men and women at the various levels. In particular, it would like to receive copies of the collective agreements concluded in enterprises undertaking public works and agricultural, forestry and processing activities which were referred to as being attached to the report, but which have not been received.
It notes that, according to the Preamble to the national Constitution, all human beings, without any distinction as to race, religion, sex, or creed, have inalienable and sacred rights, including the right to work, and that no one may be subjected to harassment because of his extraction, or his religious, philosophical or political opinions or beliefs, subject to respect for the public order. It notes, however, that the other grounds of discrimination expressly mentioned in the Convention - colour, national extraction and social origin - are not included in the Constitution. It also notes that the definition of the term "worker" contained in section 1(2) of Act No. 92/007 of 14 August 1992 issuing the Labour Code refers only to "sex and nationality" as grounds on which discrimination is prohibited, and that the other grounds laid down in the Convention are not mentioned in the Labour Code. Furthermore, in the Conditions of Service of the Public Service (section 5 of Decree No. 74-138 of 18 February 1984), discrimination in respect of access to public sector jobs is prohibited only on grounds of sex.
Further to its previous direct requests, the Committee notes the information contained in the report.
1. The Committee notes that the Government reiterates its previous statements to the effect that the results of the general census of the population carried out in 1987 are still not in its possession and that it will supply statistics on jobs in which there is a heavy concentration of women, as soon as possible. In view of the fact that, even if they are finally published, the results of the general census of the population carried out seven years ago will be very outdated and should be brought up to date, the Committee once again hopes that the Government will endeavour, in collaboration with the organizations of employers and workers, to compile data on earnings and related information and to analyse it with a view to gaining a more detailed knowledge of the nature and extent of existing inequalities, and to providing a basis for the formulation of measures to eliminate them, as recommended in paragraph 248 of the 1986 General Survey on Equal Remuneration. It requests the Government to supply in its next report the wage scales in occupations and sectors in which a large proportion of women are employed, with an indication of the distribution of men and women at the various levels, in order to be able to assess the manner in which the principle set out in the Convention is given effect in practice.
The Committee notes that the Government's report dated 24 March 1994 is an exact copy of the previous report dated 17 November 1992 and that it was apparently transmitted before receipt of the Committee's 1994 direct request, which read as follows:
1. It notes that, according to the Preamble to the national Constitution, all human beings, without any distinction as to race, religion, sex or creed, have inalienable and sacred rights, including the right to work, and that no one may be subjected to harassment because of his extraction, or his religious, philosophical or political opinions or beliefs, subject to respect for the public order. It notes, however, that the other grounds of discrimination expressly mentioned in the Convention - colour, national extraction and social origin - are not included in the Constitution. It also notes that the definition of the term "worker" contained in section 1(2) of Act No. 92/007 of 14 August 1992 issuing the Labour Code refers only to "sex and nationality" as grounds on which discrimination is prohibited, and that the other grounds laid down in the Convention are not mentioned in the Labour Code. Furthermore, in the Conditions of Service of the Public Service (section 5 of Decree No. 74-138 of 18 February 1974), discrimination in respect of access to public sector jobs is prohibited only on grounds of sex.
2. The Committee notes that the Government's report does not reply to the specific questions in the report form concerning the application of the Articles of the Convention in general, and Article 3 in particular. It requests the Government in its next report to provide the detailed information requested in the report form under Article 3.
3. The Committee notes the information supplied by the Government concerning the lack of any legislative or administrative measures affecting the employment of persons who are justifiably suspected of, or engaged in, activities prejudicial to the security of the State (Article 4 of the Convention). Please indicate whether there are any instances in which an employee, in the public or the private sector, may be dismissed or transferred from a particular job - even if there has been no criminal investigation - because he is suspected of activities prejudicial to the security of the State. If there are such instances, please indicate the procedure to be followed and the available appeal procedures. Please provide copies of the relevant sections of the criminal law punishing the activities of this nature mentioned in the report.
The Committee therefore trusts that the Government will not fail to supply the information requested in the above direct request in its next report.
1. It notes in particular that the Government will transmit as soon as possible the statistics requested on jobs in which there is a heavy concentration of women. The Committee hopes that the Government will be able to supply this information in its next report together with indications of the remuneration of women in comparison with that of men in these jobs.
2. The Committee notes that, according to the Government, the principle of equal remuneration is applicable as regards the various bonuses and allowances and notes with interest that in the public service (section 6 of Decree No. 91/324 of 9 July 1991 to establish the conditions for the award and occupation of administrative housing) the housing allowance is paid to each spouse. As regards the private sector, the Committee hopes to receive in the near future the collective agreements concluded in enterprises undertaking public works, construction, agricultural and forestry activities and processing which, according to the report, will be transmitted later.
3. The Committee notes from the texts supplied by the Government that the tables of indices were established on 1 December 1982, and then on 1 November 1983 and 1 July 1983. The Committee requests the Government to supply with future reports wage scales for more recent years and statistics by sex and category.
4. The Committee would be grateful if the Government would supply recent information on labour inspection activities to supervise the application of the principle of equal wages for work of equal value (including the violations reported and the penalties imposed) and on court rulings in this field.
1. It notes that, according to the Preamble to the National Constitution, all human beings, without any distinction as to race, religion, sex or creed have inalienable and sacred rights, including the right to work and that no one may be subjected to harassment because of his extraction, or his religious, philosophical or political opinions or beliefs, subject to respect for the public order. It notes, however, that the other grounds of discrimination expressly mentioned in the Convention - colour, national extraction and social origin - are not included in the Constitution. It also notes that the definition of the term "worker" contained in section 1(2) of Act No. 92/007 of 14 August 1992 issuing the Labour Code refers only to "sex and nationality" as grounds on which discrimination is prohibited, and that the other grounds laid down in the Convention are not mentioned elsewhere in the Labour Code. Furthermore, in the Conditions of Service of the Public Service (section 5 of Decree No. 74-138 of 18 February 1974), discrimination in respect of access to public sector jobs is prohibited only on grounds of sex.
The Committee therefore asks the Government to indicate how the national policy designed to promote equality of opportunity and treatment in respect of employment and occupation with a view to eliminating all distinctions, exclusions or preferences on the grounds referred to in Article 1, paragraph 1(a), of the Convention has been declared, and to describe the general methods by which this policy is being implemented in respect of access to vocational training, access to employment, and terms and conditions of employment, in both the public and private sectors, in accordance with Article 2 of the Convention.
2. The Committee notes that the Government's report does not reply to the specific questions in the report form concerning the application of the Articles of the Convention in general, and Article 3 in particular. It asks the Government in its next report to provide the detailed information requested in the report form under Article 3.
With reference to its previous direct requests, the Committee notes the Government's report and the attached texts.
The Committee has taken note of the Government's first report. It observes that the report does not contain sufficient information to enable the Committee to carry out an appropriate examination of the application of the Convention.
It therefore requests the Government to communicate as soon as possible, for examination by the Committee at its next session, a detailed report based on the report form, concerning the Convention, which was approved by the Governing Body of the ILO, and containing all the particulars requested therein.
1. With reference to its previous comments, the Committee notes the Government's statement that the National Joint Board for Collective Agreements and Wages has taken into account work of a different nature but of equal value in the classification of jobs in all sectors, and that when establishing this classification the Board based itself broadly on the ILO International Standard Classification of Occupations. In this connection, the Committee refers to the explanations given in paragraphs 22 and 72 of its 1986 General Survey on Equal Remuneration, in which it indicates that in spite of the difficulties associated with a broader comparison of jobs, the fact that women workers are more heavily concentrated in certain jobs and in certain sectors of activity has to be taken into account so as to avoid or redress a biased evaluation of qualities traditionally considered as "peculiar to women". The Committee requests the Government to supply statistics on jobs in which there is a heavy concentration of women and on their remuneration in comparison with that of men.
2. The Committee notes the collective agreement for commerce and its appendix (the supplementary occupational classification for commerce signed on 3 May 1979), which was supplied with the report. It notes the provisions of Title V concerning wages and those of Title VI concerning bonuses, allowances and various benefits. In view of the fact that, according to the Convention, the term "remuneration" includes the ordinary, basic or minimum wage or salary and any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker's employment, the Committee requests the Government to indicate whether the principle of equal remuneration as provided for in the Convention is also applicable as regards the above bonuses and allowances. The Committee requests the Government to continue supplying collective agreements that have recently been concluded in branches other than commerce.
3. In its previous comments concerning the public sector, the Committee requested the Government to supply a copy of the Decree establishing for public servants the elements comprising remuneration, as provided in section 42 of Decree No. 74-138 of 18 February 1974, issuing the General Regulations of the Public Service, and a copy of the texts establishing the remuneration scheme and the tables of indices issued under section 44 of the above Regulations. The Committee requests the Government to supply copies of the above texts and tables of indices with its next report.