Observation (CEACR) - adoptée 2014, publiée 104ème session CIT (2015)

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

Autre commentaire sur C111

Observation

Demande directe

Afficher en : Francais - EspagnolTout voir

The Committee notes the observations by the General Union of Cameroon Workers (UGTC), on the Government’s report received on 10 October 2014 and which relate to issues examined by the Committee. The Committee also notes the observations of the Cameroon United Workers Confederation (CTUC) received on 11 November 2014. The Committee requests the Government to provide its comments thereon.

Article 1(1)(a) of the Convention. Legislation. The Committee notes that the Government reaffirms that the process of revising the Labour Code is still under way and that it will take into account the concerns expressed in the Committee’s comments. The Committee trusts that the Government will be in a position to report on the adoption of this text in the near future and that it will contain provisions defining and explicitly prohibiting direct and indirect discrimination based on at least all the grounds listed in the Convention, in all aspects of employment and occupation, including access to vocational training. The Government is also requested to continue to supply information on progress made on the revision of the Labour Code, including on any consultations held with workers’ and employers’ organizations, and to forward a copy of the law revising the Labour Code, once it has been adopted.

Discrimination based on sex. For a number of years the Committee has been urging the Government to take specific steps to remove from the national legislation all provisions that have the effect of nullifying or impairing equality of opportunity or treatment for women in employment and occupation, particularly the provisions of the Penal Code and the Civil Code and also the provisions of Ordinance No. 81-02 of 29 June 1981, which give the husband the right to object to his wife working by invoking the interests of the household and the children. The Government indicates that the aforementioned provisions are obsolete since, if a husband applies to the court, it is Article 16 of the United Nations Convention on the Elimination of All Forms of Discrimination against Women that applies (according to the aforementioned Article 16, husband and wife have the same personal rights, including with regard to the choice of family name, profession and occupation). The Government indicates that the provisions will not be included in the future Civil Code, which is currently being drafted. While noting this information, the Committee again urges the Government to adopt without delay the necessary measures to ensure that provisions that have the effect of discriminating against women in employment and occupation, in particular in civil and criminal law, are removed from the legislation, and to provide detailed information on progress made in this respect. The Committee also requests the Government to take specific steps to combat stereotyping and prejudice regarding the respective roles of women and men in society so as to remove obstacles to the employment of women, and to supply information in this respect.

Article 1. Discriminatory job vacancies. The Committee recalls that the UGTC, in a communication dated 9 September 2011, alleged that some companies continue to advertise gender-based job vacancies and that some jobs and occupations are reserved for one or the other sex, for example, the post of firefighter at the African Aviation Safety Agency (ASECNA), which recruits only men. The Committee notes the Government’s indication, in a communication dated 13 February 2013, that it asked the UGTC to provide additional information. Moreover, the Government indicates in its report that job vacancies, including those relating to ASECNA, are addressed to both sexes but that there is, however, a real problem in practice as the competencies required in these fields, from both men and women, are not available. In its communication of 2014, the UGTC indicates that, since its previous communication in 2011, ASECNA has recruited one woman as a firefighter through a competitive process. The union also states that it has noticed the existence of vacancy notices published by job placement agencies specifying one sex or the other and points out that it plans to organize training and awareness raising for the advisers to these agencies in relation to the principle of the Convention, in collaboration with the ILO. The Committee requests the Government to provide any comments that it wishes to make in response to the UGTC’s observations and to provide information on any action taken, if applicable, to address and sanction the publication of discriminatory job vacancies, indicating the role and means of the labour inspectorate in this regard. The Government is also requested to indicate any measures taken to raise the awareness of workers, employers and their organizations and of persons responsible for recruitment in enterprises and administrations with regard to the principle of non-discrimination.

Article 2. National equality policy. The Committee welcomes the approval in February 2014 of a national gender policy document and the formulation of sectoral plans for its implementation. This policy entails the appointment of gender focal points in all administrative departments, a gender-sensitive budget, and gender mainstreaming in the Electoral Code, in order to strengthen the participation of women in public life and decision-making, to promote a socio cultural environment that is conducive to respect for women’s rights and to reinforce the institutional framework. While welcoming this information, the Committee requests the Government to provide information on the specific measures taken to implement the national gender policy and on their impact on employment and occupation. Recalling that, under the Convention, it is essential that the national equality policy covers all the grounds of discrimination listed in Article 1(1)(a), the Committee requests the Government to take the necessary steps to formulate and implement a national equality policy which includes programmes of action and specific measures to promote equality of opportunity and treatment irrespective of race, colour, religion, political opinion, national extraction or social origin in all areas of employment, including access to employment and also remuneration. The Government is requested to provide information on any activities of the National Committee on Human Rights and Freedoms (CNDHL) aimed at combating discrimination based on these grounds and promoting equality in employment and occupation.

Article 5. Special measures of protection for women. With regard to the types of work prohibited for women under Order No. 16/MLTS of 27 May 1969, the Government reaffirms that the ongoing revision of the Labour Code will also lead to the revision of its implementing regulations. While the Committee understands that these restrictions are motivated by the wish to protect women’s health and safety, it considers that measures intended to provide general protection for women on account of their sex or gender, based on stereotypical views of their capabilities and their proper role in society, constitute obstacles to the recruitment and employment of women. However, the Committee wishes to emphasize that, in order to repeal provisions that are discriminatory to women, it may be necessary to examine what other measures, such as improving health protection for both men and women, providing adequate and safe means of transport and establishing social services, may be necessary to ensure that women can work on an equal footing to men. The Committee urges the Government to take the necessary steps to revise the list of prohibited types of work for women in light of the principle of equality, and to take measures to remove obstacles to women’s employment in practice and to improve occupational safety and health for both men and women. The Government is requested to provide information on progress made in this respect.

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