All Comments

Home Page | English | Français | Español |

ILO is a United Nations Agency

RSS Feed | Newsroom | Contact us

NORMLEX

Information System on International Labour Standards

Instruments
Key documents
Ratification of ILO Conventions
Supervising the application of International Labour Standards: Supervision by country; Search comments by the supervisory bodies; Complaint procedures; Freedom of association cases; Representations (Art. 24); Commission of Inquiry (Art. 26)
Regular reporting
Country profiles
Comparatives
Maritime Labour Convention (2006)

MLC, 2006

NATLEX *new look*
National Legislation on Labour and Social Rights

LEGOSH
Global database on occupational safety and health legislation

EPLex
Employment protection legislation database

Compendium of court decisions

NORMLEX Home > Country profiles > > Comments > All Comments

Maternity Protection Convention, 1919 (No. 3) - Cameroon (RATIFICATION: 1970)

DISPLAYINEnglish - French - Spanish

CMNT_TITLE

The Committee notes the observations of the Cameroon Workers’ Trade Union Confederation (CSTC) on the application of Convention No. 3, received on 31 August 2022, and the Government’s reply, received on 17 November 2022.

Article 3(c) and application of the Convention in practice. Coverage and access to maternity benefits. The Committee notes the indication by the Government that the total amount of family benefits paid in 2019 corresponded to 12,800,000,000 FCFA, in respect of 81,283 beneficiaries, an amount which included daily maternity allowances. The Government also reports a number of measures taken to lighten the procedures and to facilitate access to social security benefits through online services, including online employees’ registration and payment of social security contributions among other services.

The Committee notes, however, that the CSTC alleges the weak social protection of women and men working in the informal economy. In reply, the Government indicates that informal workers may register to the voluntary social insurance and that it is deploying important efforts to implement measures for the coverage of these women workers. While taking note of this information, the Committee observes from the data available in the ILO World Social Protection Databasethat the informal economy constitutes 82.4 per cent of employment in Cameroon, and that only 17 per cent of women in the labour force are covered by law in case of maternity.

The Committee hopes that the Government’s efforts will translate into a significant increase of the number of women workers covered in case of maternity and requests the Government to provide information on specific measures taken to ensure the full application of Article 3(c) of the Convention and the effective access of all women employed in public and private industrial or commercial undertaking to maternity benefits. The Committee requests the Government to continue providing statistical information on coverage and benefits paid, in accordance with the report form for the Convention.

Article 3. Qualifying period for entitlement to the daily maternity allowance. In its previous comments on the situation of women workers who do not fulfil the six-month qualifying period for entitlement to the daily maternity allowance granted under section 25 of Act No. 67-LF-7 and sections 6 and 26 of Order No. 007/MTLS/DPS of 14 April 1970, the Committee drew the Government’s attention to the possibility of affording them appropriate benefits out of public funds (as part of a social assistance scheme, for example). In reply, the Government stated that this matter is regulated by collective agreements. Noting this information, the Committee requested the Government to send copies of collective agreements containing relevant provisions. The Committee notes with regret the absence of information from the Government on this point. The Committee once again requests the Government to provide a copy of the collective agreements containing provisions on benefits granted to women workers who do not fulfil the six-month qualifying period required to be entitled to the daily maternity allowance under section 25 of Act No. 67-LF-7 and sections 6 and 26 of Order No. 007/MTLS/DPS of 14 April 1970.

Article 4. Employment protection. With respect to the previous observations made by the General Union of Workers of Cameroon (UGTC), alleging that some enterprises were dismissing women because of pregnancy, the Committee notes the Government’s reply that measures have already been taken and that labour inspection plays a key role in this regard, by ensuring compliance with such measures during inspection visits.

The Committee once again requests the Government to indicate in detail how it ensures that Article 4 of the Convention, which establishes the protection of women against dismissal during their absence from work for maternity leave or due to an illness arising out of pregnancy or confinement, is applied in law and in practice, and to provide specific and up-to-date information on the concrete measures in place to ensure the protection of pregnant women during pregnancy, and statistical information on the number of sanctions applied, in reply to the observations of the UGTC. The Committee strongly encourages the Government to step up its efforts in this regard.

CMNT_TITLE

Article 3 of the Convention. Qualifying period for entitlement to the daily maternity allowance. In its earlier comments on the situation of women workers who do not fulfil the six-month qualifying period for entitlement to the daily maternity allowance granted under section 25 of Act No. 68-LF-7 and sections 6 and 26 of Order No. 007/MTLS/DPS of 14 April 1970, the Committee drew the Government’s attention to the possibility of affording them appropriate benefits out of public funds (as part of a social assistance scheme, for example). In reply, the Government states that this matter is regulated by collective agreements. Noting this information, the Committee requests the Government to send copies of collective agreements containing relevant provisions.

Article 4. Employment protection. In a communication dated 20 September 2013, the General Union of Workers of Cameroon (UGTC) asserts that some enterprises are dismissing women because of pregnancy. In view of these comments, the Committee requests the Government to indicate how it ensures that Article 4 of the Convention is applied in law and in practice, including through labour inspection.

CMNT_TITLE

In comments received at the Office in November 2008, the General Confederation of Labour–Liberty (CGT–Liberté) states that the low level of the minimum wage (SMIG), the non-application of collective agreements, the inadequacy of labour inspection resources and the low level of benefits – which have remained unchanged since 1969 – combined with the soring cost of living in the country make it impossible to give effect to the provisions of the Convention. In this respect the Government should make efforts within a reasonable period of time to make considerable increases to the level of benefits and conclude the reform of the social security system launched in 2003.

In its reply to the above comments, the Government emphasizes that the new minimum wage rate is the fruit of a consensus reached between employers’ and workers’ representatives in which CGT–Liberté participated in 2008. It should also be pointed out that the training of labour administrators and controllers at the National Academy for the Administration and Judiciary has recently resumed and that the resources made available to the inspection services will be increased as and when the budget allows it. As regards the reform of the social security system, the Government indicates that Order No. 159/PM of 4 November 2008 established an inter-ministerial committee which was extended to include the social partners and which completed its work in the 90 days allocated and presented it to the higher authorities for arbitration.

The Committee duly notes this information and strongly encourages the Government and the social partners to continue to work towards strengthening the social security system through social dialogue. The Committee cannot over-emphasize the need to allow social dialogue to achieve optimal results with a view to enduring adequate social protection to the public. This protection has become all the more necessary in times of crisis. Furthermore, recalling that Article 3(c) of the Convention requires benefits to be paid which are sufficient for the full and healthy maintenance of the woman and her child, the Committee requests the Government to state in its next report, particularly by means of statistical information, the manner in which effect is given in practice to this provision.

Moreover, the Government is requested to reply in its next report to the Committee’s previous comments, which read as follows:

The Government states in its report that the national legislation, particularly the Labour Code, Act No. 67-LF-7 of 12 June 1967 promulgating the Family Benefits Code and the Civil Service General Regulations, is on the whole ahead of the Convention. In April 2008, the experts of the Inter-Ministerial Committee responsible for monitoring and evaluating the application of ILO Conventions, recommended that the Government ratify the Maternity Protection Convention, 2000 (No. 183). The Committee observes that this recommendation is fully in keeping with the objectives of the social security reform which the Government is at present carrying out with a view to modernizing the system and reinforcing social security protection. The Committee encourages the Government to align its international commitment with the level of protection afforded by the national legislation by ratifying Convention No. 183 which represents the most up to date standards of the ILO in this area. The Committee also reiterates the hope that the Government will pay attention to the situation of women workers who do not fulfil the sixth-month qualifying period for entitlement to the daily maternity allowance granted under section 25 of Act No. 67-LF-7 and sections 6 and 26 of Order No. 007/MTLS/DPS of 14 April 1970, and will consider the possibility of affording them appropriate benefits out of public funds (as part of an assistance scheme, for example).

CMNT_TITLE

In reply to the Committee’s previous comments requesting it to indicate whether women workers who do not fulfil the qualifying period required for entitlement to maternity benefits receive appropriate benefits from public funds (in the framework of an assistance programme, for example), the Government specifies that the qualifying period laid down in section 25 of the Act of 12 June 1967 respecting the Family Benefits Code is no longer appropriate considering the economic realities of the country and should therefore be reviewed following the reform of the social security system under way in the country. The Committee notes this information. It requests the Government to inform it of the progress made in this respect in its next report.

CMNT_TITLE

The Committee had noted in its previous comments on the application of Article 3(c) of the Convention that the right to daily maternity benefits was conditional on the completion of a minimum qualifying period of six months of paid employment (section 25 of Act No. 67-LF-7 of 12 June 1967 respecting the Family Benefits Code and sections 6 and 26 of Decree No. 007/MTLS/DPS of 14 April 1970). In this respect, the Committee would be grateful if the Government would clarify the situation of women workers who have not completed the above qualifying period by indicating, in particular, whether these workers are paid the appropriate benefits out of public funds (in the framework of a public assistance scheme, for instance).

CMNT_TITLE

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 concerning, in particular, Article 3(c) of the Convention.

CMNT_TITLE

Article 3(c) of the Convention. In its previous comments, the Committee drew the Government's attention to the fact that the national legislation (section 25 of Act No. 67-LF-7 of 12 June 1967 to issue the Family Benefits Code and sections 6 and 26 of Order No. 007/MTLS/DPS of 14 April 1970) made entitlement to daily maternity cash benefits conditional upon a qualifying period (at least six months of wage-earning activity), whereas Article 3(c) of the Convention does not provide for such a condition. In this respect, the Committee notes that these provisions have not yet been amended, but that the Government refers to its previous statements to the effect that, following the adoption of the Labour Code, the national legislation could be brought into conformity with the Convention. It therefore hopes that the Government's next report will contain detailed information on the progress achieved in this respect, unless women workers who do not fulfil the above qualifying period are provided with such benefits from public funds (for example, within the context of a system of assistance).

CMNT_TITLE

Article 3(c) of the Convention. In its previous comments, the Committee drew the Government's attention to the fact that the national legislation (section 25 of Act No. 67-LF-7 of 12 June 1967 to issue the Family Benefits Code and sections 6 and 26 of Order No. 007/MTLS/DPS of 14 April 1970) made entitlement to daily maternity cash benefits conditional upon a qualifying period (at least six months of wage-earning activity), whereas Article 3(c) of the Convention does not provide for such a condition. In this respect, the Committee notes with interest the Government's statement in its report that, in the context of the reforms which are currently being undertaken following the adoption of the Labour Code, the national legislation could be brought into conformity with the Convention. It therefore hopes that the Government's next report will contain detailed information on the progress achieved in this respect, unless women workers who do not fulfil the above qualifying period are provided with such benefits from public funds (for example, within the context of a system of assistance).

CMNT_TITLE

The Committee notes the information supplied by the Government in its report and the adoption of Act No. 92/007, of 14 August 1992, to issue the Labour Code. It notes with satisfaction that the new Labour Code explicitly provides in section 84(4) for the extension of prenatal leave in the event that confinement takes place after the presumed date without a reduction in postnatal leave, which gives better effect to the Convention (Article 3, paragraph (c)).

CMNT_TITLE

Article 3(c) of the Convention. The Committee notes that the amendments to the Family Benefits Code of 1967 to which the Government has been referring since 1976 are still being drafted.

With reference to its previous comments, the Committee again requests the Government to state how maternity benefits are provided, in accordance with the Convention, for women who do not fulfil the conditions concerning the qualifying period laid down by section 25 of that Code (at least six months of wage-earning activity).

The Committee hopes that section 25 of that Code will soon be amended as planned, in order to bring it into conformity with the Labour Code of 1974 and the Convention, which make no provision for such conditions. It requests the Government, in its next report, to provide information on any progress made in this respect.

CMNT_TITLE

Article 3(c) of the Convention. The Committee notes from the Government's report that the amendments to the Family Benefits Code of 1967 to which the Government has been referring since 1976 are still being drafted.

With reference to its previous comments, the Committee again requests the Government to state how maternity benefits are provided, in accordance with the Convention, for women who do not fulfil the conditions concerning the qualifying period laid down by section 25 of that Code (at least six months of wage-earning activity).

The Committee hopes that section 25 of that Code will soon be amended as planned, in order to bring it into conformity with the Labour Code of 1974 and the Convention, which make no provision for such conditions. It requests the Government, in its next report, to provide information on any progress made in this respect.