Observation (CEACR) - adoptée 2019, publiée 109ème session CIT (2021)

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) received in 2018. It also notes the adoption of Act No. 2016/007 of 12 July 2016 issuing the Penal Code.

Articles 1(1)(a) and 3(b) of the Convention. Definition and prohibition of discrimination Legislation. In its previous comments, the Committee asked the Government to take the necessary steps to include provisions in the national legislation that define and explicitly prohibit discrimination. In this regard, the Committee notes that the Government once again indicates in its report that this matter will be addressed in the context of the revision of the Labour Code, which has been under way for many years. However, the Committee notes section 242 of the new Penal Code, which punishes any refusal of access to employment on the basis of race, religion, sex or medical status, where that status does not endanger anyone. The Committee welcomes the fact that this section adds sex and medical status to the list of prohibited grounds. However, it notes that it does not reproduce all the grounds of discrimination listed in Article 1(1)(a) of the Convention and that it only covers access to employment and not all aspects of the employment cycle (access to vocational training and conditions of employment). The Committee once again underlines the importance of a clear and comprehensive definition of what constitutes discrimination in the legislation. Noting that criminal proceedings require a higher burden of proof, the Committee recalls that the establishment of easily accessible dispute resolution procedures (in addition to criminal proceedings) can make an effective contribution to combating discrimination (see 2012 General Survey on the fundamental Conventions, paragraphs 792 and 855). It takes the opportunity to emphasize that, under the terms of Paragraph 33 of the HIV and AIDS Recommendation, 2010 (No. 200), the presence of a person living with HIV should not be considered a workplace hazard and that, in this context, the addition of the expression “where that status does not endanger anyone else” is superfluous and might even be used in practice to justify discrimination which is actually based on prejudice regarding modes of contamination. In view of these elements, the Committee once again requests the Government to consider the possibility of introducing provisions in the labour legislation explicitly defined and prohibiting all forms of discrimination based on at least all the grounds listed in the Convention (race, colour, sex, political opinion, religion, national extraction and social origin) and on any other grounds of discrimination that it considers useful to add, in all aspects of employment, and to provide information on the application of this provision in practice, particularly in relation to cases of discrimination based on the real or perceived HIV status of a candidate for a job or occupation. The Committee requests the Government to provide information on the application in practice of section 242 of the new Penal Code (number of complaints on this basis).

Article 2. National equality policy. In its previous comments, the Committee asked the Government to take steps to formulate and implement a national equality policy including action plans or programmes and specific measures. The Committee notes that, with regard to discrimination on the basis of sex, the Government once again refers to the adoption of a national gender policy combined with a multi-sectoral implementation plan of action, but does not provide any details of their content or effectiveness. However, the Committee notes a number of initiatives referred to by the Government, namely: the existence of a tripartite national committee on gender attached to the Prime Minister’s Office; the creation of a professional master’s degree in “gender and development” at the University of Yaoundé 1 to provide training for professionals in these matters; the revision of training curricula in secondary and higher education on the issue of gender equality; and the setting up of reception centres for women in distress, as well as “gender desks” at the General Delegation for National Security. While noting this information, the Committee recalls that the implementation of a national equality policy presupposes the adoption of a range of specific measures which it evaluates on the basis of their effectiveness. It also recalls that it is essential to ensure that the implementation of the national policy covers all the grounds of discrimination prohibited by the Convention (see 2012 General Survey, paragraphs 847–849). The Committee once again requests the Government to take steps to formulate and implement a national equal opportunity and treatment policy which is in line with the provisions of the Convention. It also requests the Government to provide detailed information on the national gender policy and the multi-sectoral implementation plan of action to which it refers in its report.

Articles 1(1)(a) and 3(c). Discrimination on the basis of sex. Legislation. In its previous comments, the Committee noted that 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, gives a husband the right to object to his wife working. It notes the Government’s indication that it is committed to launching a debate on the provisions of section 74(2) and that these provisions are not applied in practice. The Committee once again urges the Government to take specific measures to remove section 74(2) of Ordinance No. 81-02 and generally any provision that has the effect of nullifying or impairing equality of treatment for women in employment and occupation.

Article 5. Special protection measures. Resolutions on women’s employment. In its previous comments, the Committee noted that Order No. 16/MLTS of 27 May 1969 establishes a list of types of work which are prohibited for women. It recalls that protective measures for women may be broadly placed in two categories: those aimed at protecting maternity in the strict sense, which come within the scope of Article 5, and those aimed at protecting women generally because of their sex or gender, based on stereotypical perceptions of their capabilities and appropriate role in society. The latter are contrary to the Convention and constitute obstacles to the recruitment and employment of women (see 2012 General Survey, paragraph 839). In light of the above, the Committee once again requests the Government to take steps to review Order No. 16/MLTS of the national legislation and more generally to remove from the national legislation any provision that has the effect of nullifying or impairing equality of treatment for women in employment and occupation.

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