Demande directe (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

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.