Observation (CEACR) - adoptée 2025, publiée 114ème session CIT (2026)

Cameroun

Convention (n° 100) sur l'égalité de rémunération, 1951 (Ratification: 1970)
Convention (n° 111) concernant la discrimination (emploi et profession), 1958 (Ratification: 1988)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on equality, the Committee considers it appropriate to examine Conventions Nos 100 (equal remuneration) and 111 (discrimination in employment and occupation) together.

Convention No. 111 – National policy to promote equality of opportunity and treatment in respect of employment and occupation

Articles 1, 2 and 3(b). Definition and prohibition of discrimination. Legislation. The Committee recalls that the current Labour Code does not contain provisions that define and explicitly prohibit all forms of discrimination based, at a minimum, on all the grounds listed in the Convention in all aspects of employment and occupation. It notes that, in its report, the Government indicates that it will ensure that such provisions are added during the revision of the Labour Code under way, in which representatives of employers’ and workers’ organizations are involved. As to the formulation of a national policy on equality of opportunity and treatment, the Government replies that this is fully in line with its commitments to respect human rights and promote equality, and that it will keep the Committee informed of any progress made in this regard. The Committee requests the Government to take the necessary measures without delay to: (i) introduce, during the revision of the Labour Code under way, provisions defining and explicitly prohibiting direct and indirect discrimination based, at a minimum, on all the grounds listed in the Convention, in employment and occupation, including at the time of recruitment, and provide a copy of the texts adopted; and (ii) formulate and implement a comprehensive national equality policy, including plans or programmes of action and specific measures to effectively promote equality of opportunity and treatment irrespective of race, colour, sex, religion, political opinion, national extraction or social origin, and provide detailed information in this regard.

Articles 1(1)(a) and 3(c). Discrimination based on sex. Legislation. The Committee notes that the Government states that it will provide information on the progress made in the reforms in question in a subsequent report. The Committee once again urges the Government to take specific measures to: (i) abrogate the provisions of section 223 of the Civil Code and of section 74(2) of Ordinance No. 81-02, which gives a husband the right to object to his wife having an occupation that is separate from that of her husband; and (ii) more generally, remove from the national legislation any provision that has the effect of nullifying or impairing equality of treatment for women in employment and occupation. The Committee requests the Government to provide information on any measures taken in this regard and on the progress made in the reform of the Civil Code to which the Government already referred in a previous report.

Article 5. Special measures. Restrictions on women’s employment. The Committee notes with regret that, despite repeated requests for a review of Order No. 16/MLTS of 1969 establishing a list of jobs prohibited for women, the Government merely indicates, once again, that further information will be provided in its next reports. The Committee urges the Government to take the necessary measures to review Order No. 16/MLTS of 1969.

Convention No. 100 – Principle of equal remuneration for men and women for work of equal value

Articles 1(b) and 2(2)(a). The principle of equal remuneration for men and women workers for work of equal value. Legislation. The Committee notes that, in reply to its previous comment on equal remuneration and the inclusion of this principle in section 61 of the Labour Code, the Government once again indicates that any new information on this matter that arises during the revision of the Labour Code under way will be transmitted. The Committee therefore once again requests the Government to take the necessary measures to amend the Labour Code (section 61) to include the principle of equal remuneration for men and women for work of equal ‘value’, and requests the Government to provide information on the progress made in this regard.

Articles 2(2)(c) and 4. Collective agreements. Cooperation with social partners. In the absence of further specific information on the matters previously raised, the Committee reiterates its request to the Government to: (i) intensify its cooperation with the social partners to ensure that collective agreements, including those of the Cameroon Railway Company (CAMRAIL), mentioned in its previous comments, do not contain provisions that are discriminatory on the basis of sex and especially in respect of remuneration; and (ii) supply extracts of the collective agreements that reflect the principle enshrined in the Convention. It also requests the Government to provide information on any proactive measures and follow-up measures taken to give effect to the principle of equal remuneration during the negotiation of collective agreements, such as the drafting of a standard clause on equal remuneration for men and women for work of equal value.

Conventions Nos 100 and 111 – Application in practice

Convention No. 111.Enforcement. The Government indicates that the application in practice of section 242 of the Criminal Code (which punishes any refusal of access to employment on the basis of race, religion, sex or medical status) is based primarily on labour inspectors who, during their inspections and visits to enterprises, carry out awareness-raising activities for workers and prevention activities for employers. In the event of a violation, enforcement measures are taken by the competent authorities. As the law currently stands, evidence in criminal cases is unrestricted, and the parties, their counsel and the Public Prosecutor’s Office are free to produce any evidence at their disposal, including digital evidence. The judge will assess each case on its merits. With regard to the authorities responsible for monitoring compliance with section 242 of the Criminal Code, the Government specifies that these are mainly: (1) labour inspectors, who receive and investigate complaints of discrimination in recruitment; (2) criminal courts, especially courts of first instance, which punish criminal offences; (3) the National Human Rights Commission, which may act on its own initiative or following a complaint or report; and (4) the Ministry of Labour and Social Security, through its regional and departmental delegations, which coordinates monitoring and prevention activities. The Committee requests the Government to provide information on the number of complaints lodged under section 242 of the Criminal Code, and the grounds cited, which have been reported to the labour inspection services or brought before the courts or the National Human Rights Commission.

Noting that the Government’s report provides only limited information on the matters raised in its previous comments, the Committee trusts that the Government will do everything in its power to gather and communicate the requested information in its next report, so that the Committee can assess the implementation of the Convention and the progress made.

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