Observation (CEACR) - adoptée 2016, publiée 106ème session CIT (2017)

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

Autre commentaire sur C111

Observation

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The Committee notes the observations from the General Union of Workers of Cameroon (UGTC) concerning pending issues examined by the Committee, which were received on 25 September and 2 December 2015, and the Government’s reply, which was received on 2 December 2015.

Articles 1 and 2 of the Convention. Legislation and national equality policy. For many years, the Committee has been making comments on the need to bring the national legislation which omits anti-discrimination provisions, and particularly the Labour Code, into conformity with the Convention. The Committee notes that the United Workers’ Confederation of Cameroon (CTUC) points out, in its observations received on 11 November 2014 that the Government has been reaffirming for over 20 years that the revision of the Labour Code is under way and that it will take account of the Committee’s comments. The CTUC expresses the firm hope that the Government will duly proceed with the revision of the Labour Code. The Committee also notes that the Government reaffirms once again that the bill revising the Labour Code is being examined and has been approved by the National Labour Advisory Committee (CNCT). While noting that the Government refers to a national gender and disability policy paper, the Committee observes that the Government does not provide any information on the implementation of the national gender policy referred to in its previous report or on any other measure reflecting the existence of a national policy aimed at promoting equality of opportunity and treatment in respect of employment and occupation, with a view to eliminating any discrimination in respect thereof, in accordance with Article 2 of the Convention. The Committee urges the Government to take the necessary steps, in cooperation with workers’ and employers’ organizations, to include in the national legislation, particularly in the Labour Code, provisions defining and explicitly prohibiting direct and indirect discrimination based on at least all the grounds listed in the Convention, in employment and occupation, including at the time of recruitment. It also requests the Government to take steps to formulate and implement a national equality policy which includes plans or 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. The Government is requested to provide detailed information on any measures taken towards this end and to provide copies of the relevant texts adopted in this respect, including the national gender and disability policy paper.

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 section 74(2) of Ordinance No. 81-02 of 29 June 1981 governing civil status and establishing various provisions concerning the status of natural persons, which gives a husband the right to object to his wife working by invoking the interests of the marriage and the children. The Committee notes with regret that the Government merely indicates that, according to section 74(1) of the Ordinance of 1981, “a married woman may have an occupation that is separate from that of her husband”. The Committee again urges the Government to take the necessary steps without delay to ensure that provisions that constitute an obstacle to the employment of women, including those relating to civil status, are removed from the legislation, and to provide information on the measures taken in this respect and on specific steps taken by the Government to promote gender equality in practice in employment and occupation, and on their results.

Discriminatory job vacancies. The Committee notes that the UGTC reiterates its observations concerning the existence of discriminatory job vacancies. The Committee notes that the Government merely indicates that the labour inspectorate has received no queries on this matter. The Committee requests the Government to remain vigilant with respect to the publication of job vacancies, particularly those directly under its control, and to take steps to raise the awareness of workers, employers and their organizations and of persons responsible for recruitment in administrations and enterprises with regard to the principle of non-discrimination.

Article 5. Special measures of protection for women. Prohibited work. With regard to the types of work prohibited for women under Order No. 16/MLTS of 27 May 1969, the Government indicates that the list of such types of work is being revised. The Committee recalls 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 once again to take the necessary steps to revise the list of prohibited types of work for women, determined by Order No. 16/MLTS of 27 May 1969, in the light of the principle of equality and maternity protection, 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.