Demande directe (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

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

Autre commentaire sur C111

Observation

Demande directe

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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 and jobs traditionally held by men.

Discriminatory job offers. The Committee notes the communication of 9 September 2011 in which the General Union of Workers of Cameroon (UGTC) alleges that some companies continue to advertise gender-based job vacancies. The Committee points out that job vacancies addressed solely to men or to women are discriminatory unless the requirement for a man or a woman is inherent in the job (Article 1(2) of the Convention), and that such exceptions must be interpreted narrowly to avoid restricting the protection afforded by the Convention unduly. The Committee requests the Government to provide information in reply to the UGTC’s allegations, specifying in particular whether labour inspectors have dealt with instances of discriminatory employment vacancies addresses solely to men or to women, indicating any action they may have taken in such instances, for example the penalties imposed.

Discrimination based on race, colour and national extraction. With regard to discrimination on these grounds, the Committee notes that the Government’s report still contains no 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 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.

Article 5. Special measures of protection for women. The Committee notes the observations of 20 September 2010 by the UGTC alleging that some jobs and occupations are reserved for one or other sex, a case in point being the firefighters of the firm ASECNA, which recruits only men. The Committee refers to its previous comments on the need to revise the list of jobs prohibited for women set forth in Order No. 16/MLTS of 27 May 1969, and notes the Government’s statement that the revision of the Labour Code now under way will provide an opportunity to revise the list of jobs prohibited for women. Recalling that measures of protection for women must be restricted to maternity protection and must not be based on stereotypes regarding women’s professional abilities and their role in society, which confine women to certain jobs, the Committee urges the Government to take the necessary steps to amend the list of jobs prohibited for women in the light of these principles and to take measures to eliminate the obstacles to women’s employment in practice. Please provide information on the measures taken to this end and send a copy of the Order as soon as it has been revised.

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.