Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Cameroon (Ratification: 1988)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes the observations of the Confederation of Autonomous Trade Unions of Cameroon received on 1 September 2022 and those of the Trade Union Confederation National Agreement of Workers of Cameroon, also received on 1 September 2022, alleging wage discrimination between staff members with the same qualifications and occupying the same positions but in different salary scales depending on whether they are governed by the Labour Code (contractual employee) or by the Public Service Statute. In this regard, the Committee notes that under the law of Cameroon, contractual status is not a ground for discrimination covered by the Convention.

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee recalls that the Penal Code (section 302-1) refers only to quid pro quo sexual harassment and that the labour legislation contains no provision on the matter. Noting that the Government’s report states that the Government has taken due note of the Committee’s previous request, the Committee urges it to take measures to protect workers of the public and private sectors against sexual harassment by including within the labour legislation:

• (i)a definition of sexual harassment including all forms of sexual harassment (both quid pro quo and hostile environment sexual harassment);
• (ii)a prohibition of all forms of sexual harassment;
• (iii)provisions on the prevention of sexual harassment;
• (iv)a complaints mechanism for the issue; and
• (v)appropriate penalties, including redress and compensation for the victim.

Articles 2 and 3(b). National equality policy and education programmes for members of indigenous communities. The Committee notes the Government’s very general indication that it has taken measures, in the framework of very labour-intensive activities, to prevent and effectively combat discrimination against indigenous peoples in employment and occupation, without having consulted them, however. In this regard, the Committee recalls that affirmative action grounded on prior consultation and the consent of the stakeholders, including workers’ and employers’ organizations, helps to ensure that the measures taken are broadly accepted, effective and in line with the principle of non-discrimination (see the General Survey on the fundamental Conventions, 2012, paragraph 862). Moreover, on the basis of information received from the United Nations Committee on the Elimination of all Forms of Racial Discrimination (CERD) it welcomes the adoption of: (1) a national plan of action for the development of indigenous peoples in 2020; and (2) Law No. 2019/020 of 24 December 2019 to Amend and Supplement Some Provisions of Law No. 2016/7 of 12 July 2016 relating to the Penal Code, which provides for increases in the sanctions for “acts of contempt of race or religion” and for “contempt of tribe or ethnicity”. The information also includes the fact that there are more than 250 ethnic groups in the country. The Committee further notes that CERD, in its concluding observations, expressed concern about: (1) the lack of comprehensive statistics on the demographic composition of the population, disaggregated by ethnic or national origin and language spoken; (2) the lack of information on the preparation and adoption of the bill on the rights of indigenous peoples; (3) reports of inter-ethnic violence and direct, indirect, multiple and intersecting discrimination against ethnic, ethnolinguistic and ethno-religious groups concerning wage discrimination in the private sector and lack of representation in the public sector (CERD/C/CMR/CO/22-23, 26 May 2022, paragraphs 4, 8, 18, 22 and 24). The Committee requests the Government to provide information on the measures taken, in consultation with the social partners and, if possible, with the representatives of the groups concerned, to:

• (i)enable members of indigenous communities to have access to more diversified training opportunities and thus to a wider range of employment and occupations as well as to land and resources to allow them to exercise their traditional activities; and
• (ii)actively combat bias and negative stereotypes with regard to ethnic groups and indigenous peoples and promote tolerance among all members of the population.

The Committee also requests the Government to provide information on:

• (i)the implementation of the national plan of action of 2020 for the development of the indigenous peoples, especially its impact in the fields of education, vocational guidance and training, and the exercise of their traditional activities; and
• (ii)The application in practice of Law No. 2019/020 of 24 December 2019 to Amend and Supplement Some Provisions of Law No. 2016/7 of 12 July 2016 relating to the Penal Code, including the number and results of complaints filed.

Article 3(b) Equality of access to education and training. Noting that the Government’s report contained no information on this subject, the Committee again requests the Government to provide information on the measures taken to:

• (i)achieve gender parity in primary and secondary education and the results achieved in this respect; and
• (ii)enable girls and women to have access to more diversified training opportunities and to a wider range of jobs, including jobs traditionally held by men.

Article 3(d). Employment under the direct control of a national authority. The Committee observes that the report contains no information on the measures adopted to promote equality of opportunity and treatment in the public sector, and that the “Palmarès genre des administrations publiques élargi aux organismes publics et parapublics” (Gender ranking of public administrations widened to include public and semi-public organizations), which contains data disaggregated by sex and level of responsibility on all public sector staff, has not been received by the Office. Consequent to the previous finding of the low representation of women in decision-making positions in the public sector, the Committee can only repeat its request for information on all measures taken by the Government to promote, in practice, equal opportunities and treatment and to enable women to progress in their public sector careers. The Government is also requested to provide the most recent copy of the “Palmarès genre des administrations”.

Article 3(f) Measures to put an end to discriminatory job vacancies. The Committee notes that in reply to previous observations by the General Union of Workers of Cameroon (UGTC), indicating that the practice of discriminatory job vacancy announcements persisted, the Government reiterates its commitment to sanctioning such announcements, if they occur, and indicates that it is conducting awareness-raising campaigns on the subject with the social partners. The Committee requests the Government to continue to provide information on the measures taken, if any, to stop and penalize the posting of discriminatory job vacancy announcements.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Articles 1(1)(a), 2 and 3(b) of the Convention. Definition and prohibition of discrimination. Legislation.National equality policy. Regarding the absence of provisions in the legislation that define and explicitly prohibit all forms of discrimination based on at least all of the grounds listed in the Convention in all aspects of employment and occupation, the Committee notes that the Government indicates in its report that: (1) it has taken legal, regulatory and collective agreement-derived measures to prohibit all forms of discrimination; and (2) it regularly takes action to combat discrimination related, for example, to HIV in enterprises, in collaboration with the health and safety committees. The Committee nonetheless notes with regret that despite its repeated requests, no measure has been taken to define and prohibit all forms of discrimination based on race, colour, sex, political opinion, religion, national extraction and social origin at all stages of employment and occupation in the labour legislation. In respect of the national equality policy, the Committee notes that the Government again refers to the national gender policy. Consequently, the Committee once again urges the Government, in collaboration with the employers’ and workers’ organizations, to take the necessary measures to: (i) include in the national legislation, particularly in the Labour Code, provisions defining and explicitly prohibiting direct and indirect discrimination based on at least all of the grounds listed in the Convention (race, colour, sex, religion, political opinion, national extraction and social origin) in employment and occupation, including at the time of recruitment; and (ii) formulate and implement an overall 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 Committee requests the Government to provide detailed information on all measures taken in this respect and to communicate a copy of the relevant texts adopted, including any revised gender policy. In the absence of a reply from the Government, the Committee again requests it to provide information on the application in practice of section 242 of the Penal Code, which punishes any refusal of access to employment on the basis of race, religion, sex and medical status, including the number of complaints on this basis, and to specify the authorities responsible for enforcing the application of this provision (labour inspectors or others).

Articles 1(1)(a) and 3(c). Discrimination based on sex. Legislation.Noting that the Government reiterates its commitment to bringing all legislative and regulatory texts and texts derived from agreements into line with the provisions of the Convention, the Committee once again urges the Government to take specific measures to: (i) abrogate the provisions of section 223 of the Civil Code and of section 74(2) of Ordinance No. 81-02 which gives a husband the right to object to his wife having an occupation that is separate from that of her husband; and (ii) more generally, 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 requests the Government to provide information on any measures taken in this regard and on progress made in the reform of the Civil Code to which the Government refers in a previous report.

Article 5. Special protection measures. Restrictions on women’s employment. The Committee notes the Government’s indication that it has taken due note of the Committee’s request that it review Order No. 16/MLTS of 27 May 1969 establishing a list of work prohibited for women. In the absence of any change in this regard, the Committee can only reiterate its request to the Government to take steps to review Order No. 16/MLTS of 1969.

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

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

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 2 and 3(b) of the Convention. National equality policy and education programmes for members of indigenous communities. In its previous comments, the Committee asked the Government to take steps to prevent and combat discrimination against indigenous peoples, particularly members of the Baka community. The Committee notes that the Government refers in its report to the existence of planning instruments for indigenous peoples but does not supply any information on their content or effectiveness. However, the Committee observes that in November 2018 the Ministry of Employment and Vocational Training adopted a “Planning framework for indigenous peoples” (CPPA) in the context of the “Capacity building support project for growth and employment in Cameroon” (PADECE), which sets forth a series of priority actions to promote access to employment for members of Pygmy communities, including the Baka. Noting that the CPPA provides among these actions for skills development for girls in the sewing, health and homecraft sectors and for boys in the masonry, carpentry and electricity sectors, the Committee requests the Government to take measures in consultation with the social partners and if possible with representatives of the groups concerned to enable members of indigenous communities to have access to more diversified training opportunities not based on stereotypes, so that they can have access to a wider range of jobs.

The Committee also notes the concluding observations of the United Nations Committee on Economic, Social and Cultural Rights, which expressed concern at the discrimination and exclusion faced by indigenous peoples (E/C.12/CMR/CO/4, 25 March 2019, paragraph 12), and also indications in the CPPA that the discrimination against Pygmies is such that even those who have managed to secure good jobs conceal their Baka Pygmy identity. The Committee requests once again the Government to provide detailed information on the measures taken in consultation with the groups concerned to prevent and combat discrimination against indigenous peoples in employment and occupation.

General observation of 2018. Regarding the above issues and more generally, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Article 3(b). Legislation on sexual harassment. In its previous comments, the Committee asked the Government to include provisions in the labour legislation prohibiting and penalizing all forms of sexual harassment. The Committee notes that the Government’s report does not contain any information on this matter. While welcoming the adoption of section 302-1 of the new Penal Code, which includes in the legislation a definition of sexual harassment that punishes “any person who, making use of a position of authority, harasses another person by giving orders, making threats, imposing constraints or exerting pressure with a view to obtaining sexual favours”, the Committee recalls that: (i) measures taken should address both quid pro quo and hostile environment sexual harassment; (ii) protection against sexual harassment should cover all employees, male and female, with respect not only to employment and occupation but also to vocational education and training, access to employment and conditions of employment, and should include the actions of clients, customers and co-workers; and (iii) addressing sexual harassment only through criminal proceedings is normally not sufficient, due to the sensitivity of the issue, the higher burden of proof, which is harder to meet, especially if there are no witnesses (which is often the case), and the fact that criminal law generally focuses on sexual assault or “immoral acts”, and not the full range of behaviour that constitutes sexual harassment in employment and occupation (see 2012 General Survey on the fundamental Conventions, paragraphs 789 and 792). The Committee therefore once again requests the Government to take steps to include in the labour legislation a definition of both quid pro quo and hostile environment sexual harassment, and also provisions protecting all workers in both the public and private sectors against sexual harassment and penalizing all forms of sexual harassment.

Article 3(b). Equal access to education and training. In its previous comments, the Committee asked the Government to continue taking steps to remedy the low rate of school enrolment for girls. The Committee notes the Government’s indications in its report that: awareness-raising campaigns are being organized on school enrolment for girls, especially in the northern part of the country, while other activities are being conducted as part of efforts to combat early and forced marriage; “gender clubs” have been established in schools and a ministerial circular has been issued calling on officials in decentralized departments of the Ministry of Employment and Vocational Training to prioritize the award of scholarships to women. However, the Committee notes the concluding observations of the United Nations Committee on the Rights of the Child (CRC), which expressed its concern at the low enrolment and high drop-out rates for girls in secondary education on account of sexual harassment by teachers, child marriage and adolescent pregnancy (CRC/C/CMR/CO/3-5, 6 July 2017, paragraph 38). Emphasizing the need for the adoption and application of measures to achieve gender parity in primary and secondary education, the Committee requests the Government to continue providing information on the steps taken to reach this goal and the results achieved in this respect. The Committee once again requests the Government to indicate the measures taken to enable girls and women to have access to more diversified training opportunities and to a wider range of jobs, including jobs traditionally held by men.

Article 3(d). Employment under the direct control of a national authority. In its previous comments, the Committee asked the Government to provide information on the measures taken to promote equality of opportunity and treatment for men and women in the public sector. The Committee notes the Government’s indications that with regard to recruitment, at equal levels of skills, applications from women are given preference over those from men, and also notes the data attached to reports on staff categories at the Ministry of Labour and Social Security. However, the Committee notes the concluding observations of the United Nations Human Rights Committee, which expressed concern at the low representation of women in decision-making positions and in political and public life (CCPR/C/CMR/CO/5, 30 November 2017, paragraph 17). The Committee also notes the concluding observations of the United Nations Committee on Economic, Social and Cultural Rights, which noted with concern that, despite some efforts, gender stereotypes persist and women remain under-represented in administrative and political affairs (E/C.12/CMR/CO/4, 25 March 2019, paragraph 27). The Committee requests the Government to provide detailed information on the measures taken to promote equal opportunities and treatment in the public sector, and to provide data, disaggregated by sex and level of responsibility, on all staff categories in the public service.

Article 3(f). Measures to put an end to discriminatory job vacancies. The Committee notes the observations of the UGTC indicating that the practice of discriminatory job vacancies persists. The Committee notes the undertaking given by the Government in its report to check the content of job vacancies, and to raise the awareness of the social partners and of persons responsible for recruitment and job placement. The Committee requests the Government to provide information on the measures taken, where necessary, to stop and penalize the dissemination of discriminatory job vacancies.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

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.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. In its previous comments, the Committee recalled that the adoption of measures to prevent both quid pro quo and hostile working environment sexual harassment is essential for effectively combating such practices and putting a stop to them. The Committee notes that the Government expresses its intent to adopt measures to that end and indicates that awareness-raising campaigns are conducted throughout the country to combat sexual harassment in general and particularly in the workplace. The Committee notes that the General Union of Workers of Cameroon (UGTC), in its observations received by the ILO on 25 September 2015, states that there are no awareness-raising campaigns in the workplace as the National Labour Advisory Committee (CNCT) has never discussed the issue. The Committee requests the Government once again to take the necessary steps, in the near future, in consultation with the workers’ and employers’ organizations, to include in the labour legislation provisions that prohibit and penalize both quid pro quo and hostile work environment sexual harassment and trusts that it will soon be in a position to report on progress made in this respect. While encouraging the Government to continue awareness-raising campaigns for workers, employers and their organizations, the Committee requests the Government to consider the possibility of discussing this matter within the CNCT to increase the scope of measures to raise awareness of sexual harassment in employment and occupation.

Article 2. Equal access of girls and women to education and to vocational training and guidance. The Committee notes the information supplied by the Government, including with regard to awareness raising for traditional and religious chiefs with a view to establishing occupational training centres, measures taken to combat early marriages, and training activities for women and girls, including training in information and communication technologies. Recalling its previous comments regarding the low rate of school enrolment for girls, the Committee requests the Government to continue taking measures to promote equality in education and vocational training to prevent girls from dropping out of school and to enable girls and women to have access to more diverse training and a broader range of jobs, including those traditionally held by men. Please provide information on any measures taken towards this end.

Discrimination against indigenous peoples. The Committee notes the Government’s indication that the 2009 growth and employment strategy paper includes economic integration or reintegration programmes, including in the public sector, for certain vulnerable groups such as indigenous communities. The Committee notes the information collected by the Independent Expert on minority issues regarding indigenous peoples, particularly the Baka Pygmy hunter-gatherers, the Mbororo pastoralists and the Montagnard communities (A/HRC/25/56/Add.1, 31 January 2014). The Committee notes that the report emphasizes certain efforts made by the Government, including with regard to access to education, but that it also highlights the many difficulties faced by indigenous peoples owing to the discrimination and stigmatization to which they are exposed, in particular, lack of education and training, problems finding employment or income-generating activities, and obstacles to carrying on their traditional activities. Referring to its previous comments, the Committee encourages the Government to intensify its efforts regarding access to education for indigenous children and to evaluate the impact thereof. It requests the Government to take the necessary legal and practical measures to enable indigenous peoples to carry on their traditional activities and retain their means of subsistence. It further requests the Government to take measures to prevent and combat discrimination, stigmatization and persistent stereotyping and prejudice against the members of indigenous communities, including the Baka community, particularly through campaigns to promote equality among all parts of the population and by improving access for members of indigenous communities to mechanisms and procedures that enable them to assert their rights.

Article 3(d). Employment under the direct control of a national authority. Since there has been no reply from the Government, the Committee requests the Government once again to provide information on the measures taken to promote equality of opportunity and treatment for men and women in the public sector, including with regard to recruitment, training and promotion. The Committee also requests the Government once again to provide data disaggregated by sex and level of responsibility of current staff members in the public service.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

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.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. In its previous comments, the Committee emphasized that the provisions of the Penal Code (section 347 concerning indecent assault on minors between 16 and 21 years of age) do not cover all situations of sexual harassment at work. The Committee notes the information provided by the Government concerning the many cases of violence suffered by women (rape, forced marriage, domestic violence, etc.). The Committee recalls that sexual harassment in employment and occupation is a serious form of sex discrimination which constitutes physical or mental abuse, undermines the dignity and well-being of workers (men and women) and damages an enterprise by weakening the foundations of the working relationship and impairing productivity, and that it can assume different forms, from the most blatant to the most subtle. The adoption of measures to prevent both quid pro quo and hostile working environment sexual harassment is essential for effectively combating such practices and putting a stop to them. The Committee requests the Government to take the necessary steps in the near future to include in the labour legislation provisions that prohibit and penalize both quid pro quo and hostile working environment sexual harassment and to provide information on any progress made in this respect. Please also provide information on any specific measures taken to prevent sexual harassment in the workplace, including any information or awareness-raising campaigns for workers, employers and their organizations, or any measures taken by employers in the workplace.

Access of girls and women to education and to vocational training and guidance. The Committee notes that the Government reaffirms its focus on promoting equality in access to education and vocational training and indicates in particular the setting up of mechanisms to promote the intellectual and vocational development of women and girls in general. It also notes the concluding observations of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), according to which, despite the Government’s efforts in this sphere, the rate of female illiteracy remains high; the enrolment rate of girls remains low in all levels of education owing to economic and cultural barriers; and the school drop-out rate among girls is high, owing, inter alia, to early marriage and pregnancy (CEDAW/C/CMR/CO/4–5, 28 February 2014, paragraph 26). The Committee requests the Government to provide information on the specific measures taken and the mechanisms established to promote equality in education and vocational training, to combat illiteracy and to enable girls and women to have access to more diverse training and a broader range of jobs, including those traditionally held by men.

Discrimination against indigenous peoples. The Committee notes the Government’s indications that, since September 2013, a multilingual intercultural pilot project using the Baka language has been running in eight pilot schools in the east of the country and has made a significant contribution to improving the school enrolment rate for Baka children (in 2012, a total of 485 girls and 444 boys; in 2013, a total of 566 girls and 617 boys). The Government also indicates that it is examining ways and means to adapt school programmes to the situation of indigenous peoples. The Committee further notes that the United Nations Committee on Economic, Social and Cultural Rights (CESCR) emphasized in its concluding observations that some communities, such as the Baka and Mbororo communities, had been moved away from their ancestral lands, thereby forcing them to adapt to other dominant cultures in the country (E/C.12/CMR/CO/2–3, 23 January 2012, paragraph 33). Welcoming the Government’s efforts regarding education for children from the Baka community, the Committee encourages the Government to continue its efforts to enable indigenous children to access education and vocational training on an equal footing to other children. The Committee also requests the Government to take the necessary steps to enable the Baka, Bagyeli and Mbororo peoples to carry on their traditional activities and retain their means of subsistence. It further requests the Government to take measures 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 among all sectors of the population.

Article 3(d). Employment under the direct control of a national authority. The Committee requests the Government to provide the data on current staff numbers in the public service, including on the recent recruitment of 25,000 young persons which was not attached to the report. The Government is also requested to provide information on the measures taken to promote equality of opportunity and treatment for men and women in the public sector, including with regard to recruitment, training and promotion.

Part V of the report form. Statistics. Noting that the recently created National Labour Observatory is currently conducting surveys of the labour situation in the country, the Committee requests the Government to send the results of these surveys, in particular 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.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

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.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes that the report submitted by the Government in 2012 is identical to the one which it sent in 2011 and therefore does not contain any reply to the Committee’s previous comments. It hopes that the next report will contain detailed information on the points raised in its previous direct request, which read as follows:

Repetition

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 traditionally held by men.

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.

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.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes that the report submitted by the Government in 2012 is identical to the one which it sent in 2011. The Committee therefore hopes that the Government will supply information in reply to the questions raised in its previous observation, which dealt with the points raised below. The Committee notes the observations made by the General Union of Cameroon Workers (UGTC) in a communication dated 29 October 2012, and invites the Government to send any comments in reply to these observations.

Article 1(1)(a) of the Convention. Legislation. The Committee notes that the Government merely reaffirms that it is in the process of completely revising the Labour Code and its implementing regulations and that this revision will incorporate provisions defining and prohibiting direct and indirect discrimination based on each of the grounds listed in the Convention. Noting that the Bill revising the Labour Code has been examined by the Labour Advisory Committee and that it is being examined by the Prime Minister’s office, 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 or 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 and to forward a copy of the Act 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 as soon as possible to implement the process of legislative reform in order to remove from the national legislation the provisions that have the effect of destroying or impairing equality of opportunity or treatment for women in employment and occupation, especially the provisions of the Penal Code and the Civil Code and also Decree No. 81-02 of 1981, which gives the husband the right to object to his wife working by invoking the interests of the household and the children. The Committee notes that the Government merely indicates that these provisions will be removed. Furthermore, as regards the progress of the Bill concerning the prevention and suppression of violence against women, the Government indicates that this is being examined by the Ministry for Women and the Family. The Committee is therefore bound to repeat its request and 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 are removed from the legislation; and specific measures 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. The Committee hopes that the Government will soon be in a position to report on the adoption of the Act concerning the prevention and suppression of violence against women and discrimination based on sex, and requests the Government to provide a copy of this text, once it has been adopted.

Article 2. National equality policy. The Committee recalls that the primary obligation of ratifying States is to declare and pursue a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation, with a view to eliminating any discrimination in respect thereof, and that specific, targeted measures need to be adopted to achieve this objective. These measures should make an effective contribution to the elimination of direct and indirect discrimination and the promotion of equality of opportunity and treatment for all categories of workers, in all aspects of employment and occupation, and in respect of all the grounds of discrimination covered by the Convention (see General Survey on the fundamental Conventions, 2012, paragraphs 841–847). Recalling that no society is completely free from discrimination, the Committee urges the Government to take the necessary measures as soon as possible to formulate and implement a national equality policy including programmes of action and specific measures to promote equality of opportunity and treatment without any distinction as to race, colour, sex, religion, political opinion, national extraction or social origin and to take steps to address discriminatory practices in employment and occupation. The Government is requested to provide information on progress made in the formulation and implementation of this policy and on the results achieved.

The Committee further notes that the report does not contain any reply to its previous comments, which read as follows:

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)), 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 addressed 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. 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.

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 the 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.

The Committee hopes that the Government will make every effort to take the necessary measures in the near future.

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

[The Government is asked to reply in detail to the present comments in 2014.]

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

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.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 1(1)(a) of the Convention. Grounds of discrimination. Legislation. The Committee notes the Government’s statement that it is revising the Labour Code and its enabling texts in full and that the revised legislation will contain provisions defining and prohibiting direct and indirect discrimination based on each of the criteria listed in the Convention. The Committee urges the Government to take the necessary steps to ensure that the Labour Code includes provisions defining and prohibiting direct and indirect discrimination based on race, colour, sex, religion, political opinion, national extraction and social origin, at all stages of employment and occupation, and asks it to provide specific information on progress in the revision of the labour legislation.

Discrimination based on sex. With reference to its previous comments, the Committee notes the Government’s assurance that any provision which has the effect of destroying or impairing equality of opportunity or treatment for women in employment and occupation will be repealed. It notes, however, that the Government gives no indication of progress made in the process of revising the legislation. It further notes that in its concluding observations, the United Nations Human Rights Committee stated that it remains concerned that women are vulnerable to discrimination under customary law, and at the prevalence of stereotypes and customs in Cameroon which are contrary to the principle of equality of rights between men and women. The UN Human Rights Committee considers that Cameroon should strengthen and pursue its efforts to address discriminatory traditions and customs through education and awareness-raising campaigns (CCPR/C/CMR/CO/4, 4 August 2010, paragraph 8). Noting this information, the Committee again urges the Government to take the necessary measures without delay to remove from the legislation the provisions that have the effect of discriminating against women in employment and occupation, and asks it to provide information on the measures taken to this end. The Committee also asks the Government to take steps to combat stereotyping and prejudice regarding the respective roles of men and women in society so as to remove obstacles to the employment of women. The Committee also requests the Government to provide specific information on the status of the work in process on the Bill for the prevention and punishment of violence against women and discrimination based on sex, and to send a copy of it as soon as it has been adopted.

Article 2. National policy on equality of opportunity and treatment. The Committee notes the Government’s statement that there is no discrimination whatsoever on grounds of race, colour, sex, religion, political opinion or social origin in Cameroon. It notes that the Government merely indicates that it will take the necessary steps to prepare and implement the national policy on equality. Pointing out that no society is completely free of discrimination, the Committee again asks the Government to take the necessary steps as soon as possible to declare and pursue a national policy on equality including programmes of action and specific measures to promote equality of opportunity and treatment without distinction as to race, colour, sex, religion, political opinion, national extraction or social origin, and to address discriminatory practices in employment and occupation. The Government is also asked to provide information on progress made in declaring and pursuing this policy and on the results obtained.

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

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Sexual harassment. Discrimination based on sex. The Committee notes that, with regard to the legal prohibition of sexual harassment, the Government refers to section 12 of the preliminary draft Uniform Act of the Organization for the Harmonization of Business Law in Africa (OHADA) regarding labour law. Recalling its 2002 general observation, the Committee underlines that sexual harassment is a form of discrimination based on sex and that, accordingly, in conformity with the Convention which covers discrimination based on this ground and which requires the adoption of a national policy to promote equality of opportunity and treatment, measures must be taken to eliminate it. The Committee accordingly strongly encourages the Government to take specific measures to prevent, prohibit and punish sexual harassment in employment and occupation, in law and in practice. The Government is requested to provide information on the measures taken to this end.

Access of girls and women to education and vocational training and guidance. The Committee notes that the Government once again refers to a national employment and vocational training policy currently under preparation. The Government also states that it has taken measures to promote the access of girls to training in non-traditional areas and that it has put in place an education grant system. The Committee further notes that the Committee on the Elimination of Discrimination against Women, in its 2009 concluding observations (CEDAW/C/CMR/CO/3, 10 February 2009, paragraph 36), noted with concern that women’s employment remains concentrated in certain sectors such as agriculture and domestic services. In this regard, the Committee stresses the importance of continuing the promotion of girls’ and women’s access to education and vocational training and to encourage them to take part in training preparing for occupations which have traditionally been carried out by men in order to combat occupational segregation and to increase their employment opportunities. The Committee requests the Government to provide detailed information on the measures taken, and the impact thereof, to promote equal access to education and vocational training of men and women, and to allow boys and girls to choose from a wider range of occupations. Please provide statistical data on the enrolment of girls’ and women’s participation in vocational training, both in urban and rural areas.

Discrimination based on race, colour and national extraction. With regard to discrimination based on these grounds, the Committee notes that the Government’s report contains no information in 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 Committee notes the succinct information provided by the Government on certain measures taken by the authorities and non-governmental organizations in favour of the Baka, Bagyéli and the Mbororo, including as regards the education of the children of these communities and the indentification of community forests. Noting that the Government’s report contains no information on the situation of the members of the indigenous communities in employment, including vocational training, the Committee requests the Government once again to provide information on the following:

(i)    the measures taken to improve the living and working conditions of the indigenous peoples, including remuneration for work;

(ii)   on the situation of the Baka, Bagyéli and Mbororo on the labour market and in the education system (including statistics disaggregated by sex).

The Committee also requests the Government to indicate the measures taken or envisaged to prevent and combat persisting prejudices and stereotypes against the members of indigenous communities.

Article 3(d) of the Convention. Employment under the direct control of a national authority. The Committee requests the Government to provide information on the application of the Convention in the public service including information on the measures taken to promote equality of opportunity and treatment of men and women, including in respect of recruitment, training and promotion. Please also provide statistical information, disaggregated by sex, regarding public employment according to levels of education, type of employment and level of responsibility.

Article 5. Special measures of protection for women. The Committee notes that the Government took note of the necessity to revise the list of prohibited work established by Order No. 16/MLTS of 27 May 1969 and to limit the measures of protection for women to those aimed at protecting maternity. Drawing the Government’s attention to the importance of not only ensuring that the specific measures of protection for women are limited to the protection of maternity but also that they are not based on stereotypes regarding women’s professional abilities and their role in society, the Committee trusts that the Government will take the necessary measures in the near future to revise the list of work prohibited to women. Please provide information on the measures taken in this regard and provide a copy of the Order as soon as revised.

Activities of the National Commission on Human Rights and Freedoms and of the National Labour Advisory Commission. The Committee notes the Government’s indication that the national employment and vocational training policy, which is currently under preparation and which, according to the Government, promotes the principle of equality of opportunity and treatment in employment and occupation, will be examined by the National Labour Advisory Commission (CNCT). The Committee requests the Government to provide information on the consultations held by the CNCT on measures relating to equality of opportunity and treatment and reiterates its request for information on the activities undertaken or envisaged by the National Commission on Human Rights and Freedoms to promote the principle of equality in employment occupation, in accordance with the provisions of the Convention.

Part V of the report form. Statistics. The Committee notes the Government’s indication that 37 large enterprises have been established to serve as partners and focal points of the network of the National Employment and Vocational Training Observatory (ONEFPO). The Committee hopes that the Government will soon be in a position to provide statistical information on the situation of men and women in the labour market, and in the different sectors of the economy and different levels of responsibility. Please provide information on progress made in this regard.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 1, paragraph 1(a), of the Convention. Grounds of discrimination covered by the legislation. Recalling its comments over many years regarding the need to bring the legislation into conformity with the Convention by including all grounds of discrimination listed in Article 1(1)(a), the Committee notes that the Government reiterates that it will consider this issue in the context of a future revision of the Labour Code, though no specific information in this regard is provided. Recalling that despite its repeated requests, the Government has not yet taken any measures to initiate such a revision process, the Committee urges the Government to take the necessary measures to revise the legislation to include provisions defining and prohibiting direct and indirect discrimination based on all the grounds listed in the Convention (race, colour, sex, religion, political opinion, national extraction and social origin) in respect of all stages of the employment process, including recruitment, in accordance with the obligations it has undertaken by ratifying the Convention. The Government is requested to provide detailed information on the progress made in this regard.

Discrimination based on sex. Legislation. The Committee notes that the Government’s report does not contain information in reply to its previous comments which stressed the importance of repealing any provisions of the legislation that discriminate against women, in order to ensure that full effect is given to the principle of equality of opportunity and treatment of men and women in employment and occupation. It recalls in particular that in accordance with section 223 of the Civil Code, husbands can prevent their wives from engaging in certain occupations. The Committee also notes that in its 2009 concluding observations, the Committee on the Elimination of Discrimination against Women noted an absence of progress regarding the abrogation of discriminatory provisions, particularly in the Penal Code, the Civil Status Registration Ordinance and the Civil Code. (CEDAW/C/CMR/CO/3, 10 February 2009, paragraph 14). The Committee accordingly urges the Government to take, without further delay, concrete measures to initiate a process of legislative reform to repeal all provisions which have the effect of nullifying or impairing women’s equality of opportunity and treatment in employment and occupation, and requests the Government to provide information on the measures taken to this end.

Article 2. National policy on equality of opportunity and treatment. The Committee notes that the Government affirms that the national policy on employment and vocational training currently under preparation is dedicated to the principle of equal treatment and access to employment and non-discrimination. The Committee recalls nevertheless that in its previous comments it underlined that the recognition of the principle of equality alone is not sufficient to constitute a national policy within the meaning of Article 2 of the Convention, and that it is necessary to adopt and implement concrete and proactive measures such as training programmes and public awareness raising, to promote equality of opportunity and treatment effectively. In this regard, the Committee notes that the Committee on the Elimination of Discrimination against Women, in its 2009 concluding observations expressed concern over the persisting patriarchal attitudes and deep-rooted stereotypes concerning the roles and responsibilities of women, which are a source of discrimination against them (CEDAW/C/CMR/CO/3, 10 February 2009, paragraph 24). The Committee requests the Government to take the necessary measures to elaborate and implement a national policy which includes action programmes and concrete measures to promote equality of opportunity and treatment and to address discriminatory practices in employment and occupation effectively. The Government is requested to provide information on the progress made with regard to the elaboration and implementation of such national policy and the results achieved.

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

Direct Request (CEACR) - adopted 2007, published 97th ILC session (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.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee regrets to note that the Government’s report does not provide full information on all the points raised in its previous observation. The Committee reiterates the importance of pursuing dialogue on the application of the Convention so that it can identify the progress made by the Government in the application of the Convention and the remaining challenges which it faces. The Committee, therefore, hopes that the Government will make every effort to supply full information on the points set out below.

1. Articles 1 and 2 of the Convention. National policy and legislation on equality. For a number of years, the Committee has expressed its concern that the preamble to the national Constitution, section 1(2) of the 1992 Labour Code, section 5 of the Public Service Regulations, and section 7 of the Education Act do not prohibit discrimination on grounds of race, colour or national extraction, as required by Article 1(1)(a) of the Convention. The Committee has also repeatedly commented on the lack of a national policy to promote equality of opportunity and treatment in respect of employment and occupation. It regrets once again to note that the Government’s report does not provide any new information on the finalization of the national policy on equality and merely refers to the prohibition of discrimination as set out in the national legislation. In this regard, the Committee is bound to remind the Government that while the affirmation of the principle of equality in national legislation represents an important step in the implementation of the Convention, it is not sufficient in itself to constitute a national policy within the meaning of Article 2 of the Convention. Such a policy necessarily includes the adoption and implementation of specific proactive measures, such as educational and awareness-raising programmes, aimed at the promotion of equality in employment and occupation with respect to all seven grounds listed in the Convention.

2. The Committee trusts that the Government will take the necessary steps to ensure the application of the Convention and urges the Government to provide detailed information in its next report on the following:

(a)   the measures taken or envisaged to bring the abovementioned legislative instruments into conformity with the provisions of the Convention with a view to introducing an explicit definition and prohibition of all forms of discrimination on any of the seven grounds listed in Article 1(1) of the Convention, namely, race, colour, sex, religion, political opinion, national extraction and social origin;

(b)   the progress made in the adoption of a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation.

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

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Further to its observation, the Committee requests the Government to provide in its next report information on the following points.

1. Article 1 of the Convention. Discrimination on the grounds of sex. Sexual harassment. Recalling its general observation of 2002 on sexual harassment, the Committee requests the Government to provide information on any legislative or other measures taken or envisaged to prevent and punish sexual harassment at work.

2. Equality between men and women with respect to access to employment and vocational training. The Committee had previously noted the concern expressed by both 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 wives from engaging in certain occupations. The Committee notes from the Government’s report that the Committee of Synergy, a body for tripartite consultation on labour issues and questions of social security, is envisaged to deal with the elimination of all legislative provisions or policies that are not in conformity with the national policy against discrimination. The Committee must again draw the Government’s attention to the need to identify and repeal the legal provisions in the Civil Code and the Commercial Code which are contrary to the Convention. It trusts that the Government will provide with its next report full information on the steps taken, including by the Committee of Synergy, to review the legislation concerned with a view to ensuring that it is giving full effect to the principle of equality of opportunity and treatment in respect of employment and occupation.

3. The Committee recalls the small number of women among public servants (25 per cent) and jobseekers in general (30 per cent). It understands that one of the objectives of the “African Platform for employment and the reduction of poverty” is to promote the organizational and professional skills of job searchers, especially women and young people. The Committee requests the Government to provide in its next report information on the results achieved in this regard. The Committee further reiterates its request to the Government to provide statistical information showing the distribution of men and women in the various posts and at the different levels of responsibility, as well as information on the measures taken to improve the participation rate of women in employment and vocational training in the public service.

4. Equal access to education. The Committee had previously expressed its concern that, while Act No. 98/004 on education policy provides for equal access to education without any distinction as to sex (section 7), it does not guarantee free primary education, which considerably reduces access to such education, particularly in the case of girls. Considering the low female literacy rate and high drop‑out rate of girls noted in its previous comments, the Committee emphasizes once more the importance of measures to promote the access of girls to primary and secondary education and programmes to reduce the female illiteracy rate, as a means to implement the principle of the Convention. The Committee therefore hopes that the Government’s next report will provide full details in this regard.

5. Discrimination on the basis of race, colour and national extraction. Further to its observation, the Committee takes note of the comments made by the General Confederation of Labour-Liberty (CGT-Liberty) on the Equal Remuneration Convention, 1951 (No. 100), alleging that certain enterprises apply wage differentials on the basis of ethnicity. Referring again to the insufficient protection against discrimination in national legislation, the Committee requests the Government to indicate in its next report the measures taken to eliminate the practice of wage discrimination on the basis of national extraction.

6. Discrimination of indigenous peoples. The Committee understands that in Yaoundé a national workshop was held under the patronage of the Ministry for Social Affairs from 15 to 17 June 2005 to discuss the situation of indigenous and tribal peoples, including the serious difficulties the Baka, Bagyèli and Mbororo face with respect to access to education and employment, the terms and conditions of employment and remuneration. The Committee understands further that the situation of the indigenous peoples has been addressed in the context of the Forum on National Solidarity (21-24 June 2005). The Committee asks the Government to provide with its next report information on measures taken to improve the living and working conditions of indigenous and tribal peoples, in particular with regard to equality of opportunity and treatment in employment and occupation. The Committee would also appreciate receiving statistical information, disaggregated by sex, on the situation of the Baka, Bagyèli and Mbororo in the labour market, including participation in education and vocational training.

7. Recalling the creation of the new National Commission on Human Rights and Freedoms by Act No. 2004-16, the Committee reiterates its request that the Government indicate in its next report activities undertaken or envisaged by this Commission to promote the principle of equality of opportunity and treatment in employment and occupation, as set out in the Convention.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Articles 1 and 2 of the Convention. National policy and legislation on equality. For a number of years the Committee has expressed its concern that the Preamble to the National Constitution, section 1(2) of the 1992 Labour Code, section 5 of the Public Service Statute and section 7 of the Act on education policy, do not prohibit discrimination on the grounds of race, colour and national extraction, as required by Article 1(1)(a) of the Convention. It has also repeatedly commented on the absence of a national policy on the promotion of equality of opportunity and treatment in respect of employment and occupation. The Committee regrets to note that the Government’s report again does not provide new information on the finalization of the national policy on equality and continues to refer to the prohibition of discrimination as set out in the national legislation. In this regard, the Committee must remind the Government that while the affirmation of the principle of equality in national legislation represents an important step in the implementation of the Convention, it is not sufficient in itself to constitute a national policy within the meaning of Article 2 of the Convention. Such a policy necessarily includes the adoption and implementation of concrete and proactive measures, such as educational and awareness-raising programmes, aimed at the promotion of equality in employment and occupation in respect of all seven grounds listed in the Convention.

2. The Committee trusts that the Government will take the necessary steps to ensure compliance with the Convention and urges the Government to provide detailed information with its next report on the following:

(a)   the measures envisaged or taken to harmonize the abovementioned legislation with the provisions of the Convention with a view to introducing an explicit definition and prohibition of discrimination on the seven grounds enumerated in Article 1(1) of the Convention, namely, race, colour, sex, religion, political opinion, national extraction and social origin;

(b)   the progress made in adopting a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation;

(c)   the activities undertaken by the National Labour Advisory Committee and the Committee responsible for monitoring and evaluating the application of ILO Conventions with respect to ensuring the full implementation of the present Convention.

3. Noting that the Government’s report has provided little or no information with respect to the points raised in its previous comments, the Committee trusts that the Government will make every effort to collect and communicate, in its next report, the requested information in order to enable the Committee to assess the implementation of the Convention and the progress made.

The Committee is raising other and related points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. The Committee regrets to note that the Government’s report does not contain a response to its previous comments and that it only provides general information, which does not enable the Committee to assess the extent to which the principle of non-discrimination in employment and occupation is applied in practice. The Committee hopes that the Government’s next report will provide detailed information on the following points.

2. Having already noted in its previous request that a committee was created in 2001 to monitor and evaluate the application of ILO Conventions, the Committee requests the Government to provide detailed information with its next report on any action taken or envisaged by this Committee with respect of the application of the present Convention.

3. Article 1 of the Convention. Prohibited grounds of discrimination. As the Government has provided no new information in this regard, the Committee is bound to reiterate its concern that the national legislation does not prohibit discrimination on the grounds of race, colour and national extraction, as required by Article 1(1)(a) of the Convention. It recalls that the Labour Code of 1992 only prohibits discrimination on the grounds of sex and nationality, the Public Service Statute (section 5 of Decree No. 74,138 of 18 February 1974) prohibits discrimination in access to public employment only on the ground of sex, and that section 7 of Act No. 98/004 of 14 April 1998 on education policy prohibits discrimination in access to education on the grounds of sex, religion, political opinion and social origin. The Committee therefore once again requests the Government to provide detailed information in its next report on the measures taken or envisaged to ensure the full conformity of the national legislation with the Convention by prohibiting discrimination on the seven grounds enumerated in the Convention, namely race, colour, sex, religion, political opinion, national extraction or social origin.

4. Legal status of women. The Committee recalls that in its direct request of 2003 it noted the concern expressed by both 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) in 1999 with respect to the unequal legal status of women in such field as the right to own property, the laws regarding credit and bankruptcy and the right of husbands to seek a court order to prevent wives from engaging in certain occupations. As the Government has not provided any information on this subject, the Committee once again urges the Government to identify and repeal the legal provisions in the Civil Code and the Commercial Code which are contrary to the Convention. Please provide information with its next report on any progress that has been made in this area.

5. Article 2. National policy on equality of opportunity and treatment in employment and occupation. The Committee notes the Government’s statement that it is still finalizing a national policy for the promotion of equality of opportunity in employment and occupation. It also notes that the National Labour Advisory Committee, established under section 117 of the Labour Code, has now resumed work. The Committee requests the Government to provide information on any progress regarding development and adoption of the national policy, which it trusts will give effect to the principle of non-discrimination.

6. Recalling that in its previous comments it previously noted from the statistical information provided by the Government that women account for approximately one-quarter of all public servants and 30 pre cent of all the jobseekers placed by the National Employment Fund between its creation in 1990 until June 2001, it requests the Government to provide information with its next report on measures taken to improve the participation rate of women in employment and vocational training in the public and private sector. It also requests the Government to provide statistical information with its next report showing the distribution of employment in the various posts and at the different levels of responsibility, disaggregated by sex and also by national extraction and religion.

7. Recalling that in its previous comments it noted that section 7 of Act No. 98/004 of 14 April 1998 on education policy provides for equal access to education without any distinction as to sex, the Committee reiterates its concern that the Act does not guarantee free primary education, which considerably reduces access to such education, particularly in the case of girls. The Committee also notes the concern expressed by the Committee on the Elimination of Discrimination Against Women (A/55/34) in June 2000 that despite government efforts in this area, the female literacy rate is low, the school drop-out rate among girls is high and the proportion of girls receiving basic education is small. The Committee therefore reiterates its request to the Government to provide information with its next report on the measures taken or envisaged to promote the access of girls to primary and secondary education and to devise programmes to reduce the female illiteracy rate.

8. The Committee understands that on 22 July 2004, Act No. 2004-16 was adopted, creating a new National Commission on Human Rights and Freedoms. It understands that the National Commission consists of 30 members, inter alia, judges, professors, NGOs and representatives of women’s organizations. Noting that the mandate of the National Commission includes the formulation of recommendations and issuing opinions and reports on human rights and fundamental freedoms, the Committee requests the Government to provide detailed information with its next report on activities undertaken or envisaged by the Commission to promote the principle of equality of opportunity and treatment in employment and occupation, as set out in the Convention.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes the Government’s report. It notes the decision of 17 July 2001 creating a committee to monitor and evaluate the application of ILO Conventions. The Committee also welcomes as a positive development the creation in 1997 of the Ministry for the Status of Women responsible for promoting gender equality.

2. With reference to its previous comments, the Committee notes that section 1(2) of the Labour Code of 1992 prohibits discrimination only on grounds of sex and nationality, and that the Public Service Statute (section 5 of Decree No. 74 138 of 18 February 1974) prohibits discrimination in access to public employment only on grounds of sex. The Committee further notes that section 7 of Act No. 98/004 of 14 April 1998 on education policy in Cameroon refers, inter alia, to the prohibition of discrimination on grounds of sex, religion, political opinion and social origin, but does not mention the other grounds set out in Article 1, paragraph 1(a), of the Convention, namely race, colour and national extraction. Recalling that importance must be attached to all the sources of discrimination envisaged in Article 1, paragraph 1(a), the Committee wishes to express its concern over the lack of protection against discrimination on all grounds listed in the Convention and requests the Government to provide information on measures taken or envisaged to ensure full conformity of the national legislation with the abovementioned provisions of the Convention.

3. The Committee notes the observations made by the Committee on Economic, Social and Cultural Rights in December 1999 to the effect that the Government had not yet embarked on the necessary law reform to repeal the laws "which maintain the unequal legal status of women, particularly in aspects of the Civil Code and the Commercial Code relating to, inter alia, the right to own property and the laws regarding credit and bankruptcy, which restrict women’s access to the means of production" maintaining them in a position of inferiority (E/C.12/1/Add.40). The Committee on Human Rights, too, noted in its concluding observations of 4 November 1999 (CCPR/C/79/Add.116) the "ability of husbands to seek a court order to prevent wives from engaging in certain occupations". The Committee urges the Government to identify and repeal the existing legal provisions which are contrary to the Convention and to report any progress that has been made in this area.

4. Noting from the Government’s report that the national policy to promote equal opportunities in employment and occupation has not yet been codified but that a document has been drafted on national policy which requires broad tripartite consultation in order to be finalized; noting also that the national labour advisory committee established under section 117 of the Labour Code has resumed work, the Committee hopes that the above draft will expressly provide that effect be given to the principle of non-discrimination. The Committee also asks the Government to keep it informed of any progress regarding the declaration and pursuit of the policy on equal opportunities and treatment in respect of access to vocational training, employment and working conditions, in both the public sector and the private sector.

5. The Committee underscores the importance of special measures and programmes to promote equal opportunities and treatment. In this connection it takes note of the efforts made to disseminate information on combating discrimination against women. It also notes the measures set up to promote equal opportunities and treatment in vocational training, such as recruitment by competition and by paper qualifications in the public service, and the opening of vocational training centres under various ministerial departments. Lastly, it notes the various tasks entrusted to the Training and Vocational Guidance Directorate of the Ministry of Employment, Labour and Social Welfare in the area of monitoring implementation of the vocational guidance and training policy, assistance to ministries for the recruitment of personnel and the monitoring of the regulations on psychological and technical testing in vocational guidance.

6. The Committee notes that, according to the statistics provided by the Government in its report, women account for approximately one quarter of all public servants and 30 per cent of all the jobseekers placed by the National Employment Fund between its creation in 1990 until 30 June 2001 (the percentage being very close to the proportion of women who applied to the Fund over the same period). The Committee requests the Government to continue to provide information on the measures taken or envisaged to improve the participation rate of women in employment and vocational training in the public sector and in the private sector. It requests the Government to continue to supply information showing the distribution of employment in the various posts and at the different levels of responsibility, if possible disaggregated by sex and also by national extraction and religion.

7. The Committee notes that section 7 of Act No. 98/004 of 14 April 1998 on education policy in Cameroon provides that "the State shall ensure equality of opportunity for all in access to education without any distinction as to sex (...)". The Committee observes, however, that the above Act does not guarantee free primary education, which considerably reduces access to such education, particularly in the case of girls. The Committee also notes the observations of 26 June 2000 by the Committee on the Elimination of Discrimination Against Women (A/55/38), which expresses concern that, despite government efforts in this area, the female literacy rate is low, the school drop-out rate among girls is high and the proportion of girls receiving basic education is small. In this connection, the Committee on Economic, Social and Cultural Rights noted in its concluded observations of December 1999 (E/C.12/1/Add.40) that the illiteracy rate among women is 49.9 per cent as compared with 30 per cent for men. The Committee would like to receive information on effective measures taken by the Government to encourage access for girls to primary and secondary education establishments and to devise programmes to reduce the female illiteracy rate.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

1. The Committee notes the Government’s report. It notes the decision of 17 July 2001 creating a committee to monitor and evaluate the application of ILO Conventions. The Committee also welcomes as a positive development the creation in 1997 of the Ministry for the Status of Women responsible for promoting gender equality.

2. With reference to its previous comments, the Committee notes that section 1(2) of the Labour Code of 1992 prohibits discrimination only on grounds of sex and nationality, and that the Public Service Statute (section 5 of Decree No. 74-138 of 18 February 1974) prohibits discrimination in access to public employment only on grounds of sex. The Committee further notes that section 7 of Act No. 98/004 of 14 April 1998 on education policy in Cameroon refers, inter alia, to the prohibition of discrimination on grounds of sex, religion, political opinion and social origin, but does not mention the other grounds set out in Article 1, paragraph 1(a), of the Convention, namely race, colour and national extraction. Recalling that importance must be attached to all the sources of discrimination envisaged in Article 1, paragraph 1(a), the Committee wishes to express its concern over the lack of protection against discrimination on all grounds listed in the Convention and requests the Government to provide information on measures taken or envisaged to ensure full conformity of the national legislation with the abovementioned provisions of the Convention.

3. The Committee notes the observations made by the Committee on Economic, Social and Cultural Rights in December 1999 to the effect that the Government had not yet embarked on the necessary law reform to repeal the laws "which maintain the unequal legal status of women, particularly in aspects of the Civil Code and the Commercial Code relating to, inter alia, the right to own property and the laws regarding credit and bankruptcy, which restrict women’s access to the means of production" maintaining them in a position of inferiority (E/C.12/1/Add.40). The Committee on Human Rights, too, noted in its concluding observations of 4 November 1999 (CCPR/C/79/Add.116) the "ability of husbands to seek a court order to prevent wives from engaging in certain occupations". The Committee urges the Government to identify and repeal the existing legal provisions which are contrary to the Convention and to report any progress that has been made in this area.

4. Noting from the Government’s report that the national policy to promote equal opportunities in employment and occupation has not yet been codified but that a document has been drafted on national policy which requires broad tripartite consultation in order to be finalized; noting also that the national labour advisory committee established under section 117 of the Labour Code has resumed work, the Committee hopes that the above draft will expressly provide that effect be given to the principle of non-discrimination. The Committee also asks the Government to keep it informed of any progress regarding the declaration and pursuit of the policy on equal opportunities and treatment in respect of access to vocational training, employment and working conditions, in both the public sector and the private sector.

5. The Committee underscores the importance of special measures and programmes to promote equal opportunities and treatment. In this connection it takes note of the efforts made to disseminate information on combating discrimination against women. It also notes the measures set up to promote equal opportunities and treatment in vocational training, such as recruitment by competition and by paper qualifications in the public service, and the opening of vocational training centres under various ministerial departments. Lastly, it notes the various tasks entrusted to the Training and Vocational Guidance Directorate of the Ministry of Employment, Labour and Social Welfare in the area of monitoring implementation of the vocational guidance and training policy, assistance to ministries for the recruitment of personnel and the monitoring of the regulations on psychological and technical testing in vocational guidance.

6. The Committee notes that, according to the statistics provided by the Government in its report, women account for approximately one quarter of all public servants and 30 per cent of all the jobseekers placed by the National Employment Fund between its creation in 1990 until 30 June 2001 (the percentage being very close to the proportion of women who applied to the Fund over the same period). The Committee requests the Government to continue to provide information on the measures taken or envisaged to improve the participation rate of women in employment and vocational training in the public sector and in the private sector. It requests the Government to continue to supply information showing the distribution of employment in the various posts and at the different levels of responsibility, if possible disaggregated by sex and also by national extraction and religion.

7. The Committee notes that section 7 of Act No. 98/004 of 14 April 1998 on education policy in Cameroon provides that "the State shall ensure equality of opportunity for all in access to education without any distinction as to sex (...)". The Committee observes, however, that the above Act does not guarantee free primary education, which considerably reduces access to such education, particularly in the case of girls. The Committee also notes the observations of 26 June 2000 by the Committee on the Elimination of Discrimination Against Women (A/55/38), which expresses concern that, despite government efforts in this area, the female literacy rate is low, the school drop-out rate among girls is high and the proportion of girls receiving basic education is small. In this connection, the Committee on Economic, Social and Cultural Rights noted in its concluded observations of December 1999 (E/C.12/1/Add.40) that the illiteracy rate among women is 49.9 per cent as compared with 30 per cent for men. The Committee would like to receive information on effective measures taken by the Government to encourage access for girls to primary and secondary education establishments and to devise programmes to reduce the female illiteracy rate.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1.  The Committee notes that the Government’s report contains no reply to the question raised by the Committee in its direct request of 1994 concerning the fact that the Preamble to the National Constitution, section 1(2) of the 1992 Labour Code, and the Conditions of Service for the Public Service (section 5 of Decree No. 74-138 of 18 February 1974) do not cover all the criteria expressly mentioned by the Convention as prohibited grounds for discrimination in employment. The Committee therefore asks the Government once again to indicate how the national policy designed to promote equality of opportunity and treatment in respect of employment and occupation with a view to eliminating all distinctions, exclusions or preferences on the grounds referred to in Article 1, paragraph 1(a), of the Convention has been declared. The Government is also asked to describe the general methods by which this policy is being implemented in respect of access to vocational training, access to employment, and terms and conditions of employment, in both the public and private sectors, in accordance with Article 2 of the Convention. The Committee notes furthermore that the Government indicates that the legal basis of the national policy designed to promote equality of opportunity and treatment in respect of employment and occupation is Decree No. 93/571 of 15 July 1993, which specifies the methods for placement of workers. The Committee requests the Government to supply information in its future reports on the concrete measures taken to implement this Decree.

2.  The Committee notes that, in its direct request of 1995bis, it asked the Government to communicate information on appeals lodged by persons who are justifiably suspected of, or engaged in, activities prejudicial to the security of the State (Article 4 of the Convention) using the successive appeal procedures recognized in the Labour Code and by Order No. 72/6 of 26 August 1972 providing for the organization of the Supreme Court. In its response, the Government indicates that it is very difficult in legal terms to establish that a worker has been dismissed because of his or her political activities, since employers always contrive to find some professional or economic pretext for the dismissal. As a result of this, appeals by employees who believe they have been wrongfully dismissed because of their political activities are treated as ordinary labour disputes. The Committee also notes that under section 39 of the Labour Code, any dismissal without a valid reason is considered unlawful and may give rise to compensation. The Committee asks the Government to supply information in its future reports on appeals lodged in recent years against wrongful dismissals even where they are treated as ordinary labour disputes.

3.  The Committee notes that in answer to its earlier comments concerning Article 2 of the Convention with regard to the national policy designed to promote equality of opportunity and treatment in respect of employment and occupation and the methods used to implement this policy in respect of access to vocational training, the Government indicates that access to vocational training is governed by Act No. 76/12 of 8 July 1976 and Decree No. 79/201 of 28 May 1979 concerning rapid vocational training. The Committee notes that Decree No. 79/201 sets out the conditions for the organization and operation of the Rapid Vocational Training Centres, and the procedures for granting subsidies to these Centres. With reference to paragraph 77 of its 1988 General Survey on equality in employment and occupation, the Committee wishes to draw the Government’s attention to the fact that the term "vocational training" used in the Convention should be interpreted broadly to include any training intended to prepare a person for a job, whether a first-time job or not, or for promotion, in any branch of economic activity, including the general, vocational and technical education required for that purpose. The Committee therefore asks the Government to indicate in its future reports its national policy and general methods designed to promote equality of opportunity in respect of access to vocational training in general, including access to general education and in particular higher education.

4.  The Committee notes that section 117 of the Labour Code establishes a National Labour Advisory Committee responsible, on the one hand, for studying problems relating to working conditions, employment, vocational guidance and training, job placement, movement of labour, migration, improvements to the material condition of workers, social security, trade unions and, on the other hand, for expressing views and putting forward proposals on legislation and relevant regulations where this is called for by the Code.

The Committee asks the Government to provide detailed information in its next report on the organization and working methods of the National Labour Advisory Committee, the work it has done and the manner in which the views of employers’ and workers’ organizations are reflected in the national policy concerning the areas covered by the Convention.

5.  The Committee notes that, according to the report which the Government submitted to the Human Rights Committee (United Nations document CCPR/C/102/Add.2), the Government has set up a National Committee for Human Rights and Freedoms (CNDHL) by Presidential Decree No. 9P-1459 of 8 November 1990. With regard to the functions attributed to the Committee under article 2 of the Decree of 8 November 1990, namely, to defend and promote human rights and freedoms, the Committee would like to know if this includes the defence and promotion of equal rights in employment and, if this is the case, if the Committee has already taken action in this area. The Committee would also like to receive, in future reports, information on the role of the CNDHL in the promotion of equality of opportunity and treatment in respect of employment and occupation.

6.  The Committee notes that the report submitted by the Government to the Human Rights Committee (United Nations document CCPR/C/102/Add.2) draws attention to the concerns and efforts of the Cameroon Government to bring about equality between men and women, in particular by rigorous application of such principles as equal access to the civil service and equal remuneration. Mention is also made in the report of pressure groups set up by women themselves, such as the Association of Women Jurists, the Association for the Advancement of Women and the Association to Combat Violence against Women, and of specialized weekly radio programmes such as "Le droit au féminin". The Committee would like to receive information in future reports on action undertaken by the Government and by these associations to educate and inform the public on anti-discrimination policy.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

[...]

1. The Committee notes that the Government's report contains no reply to the question raised by the Committee in its direct request of 1994 concerning the fact that the Preamble to the National Constitution, section 1(2) of the 1992 Labour Code, and the Conditions of Service for the Public Service (section 5 of Decree No. 74-138 of 18 February 1974) do not cover all the criteria expressly mentioned by the Convention as prohibited grounds for discrimination in employment. The Committee therefore asks the Government once again to indicate how the national policy designed to promote equality of opportunity and treatment in respect of employment and occupation with a view to eliminating all distinctions, exclusions or preferences on the grounds referred to in Article 1, paragraph 1(a), of the Convention has been declared. The Government is also asked to describe the general methods by which this policy is being implemented in respect of access to vocational training, access to employment, and terms and conditions of employment, in both the public and private sectors, in accordance with Article 2 of the Convention. The Committee notes furthermore that the Government indicates that the legal basis of the national policy designed to promote equality of opportunity and treatment in respect of employment and occupation is Decree No. 93/571 of 15 July 1993, which specifies the methods for placement of workers. The Committee requests the Government to supply information in its future reports on the concrete measures taken to implement this Decree.

2. The Committee notes that, in its direct request of 1995bis, it asked the Government to communicate information on appeals lodged by persons who are justifiably suspected of, or engaged in, activities prejudicial to the security of the State (Article 4 of the Convention) using the successive appeal procedures recognized in the Labour Code and by Order No. 72/6 of 26 August 1972 providing for the organization of the Supreme Court. In its response, the Government indicates that it is very difficult in legal terms to establish that a worker has been dismissed because of his or her political activities, since employers always contrive to find some professional or economic pretext for the dismissal. As a result of this, appeals by employees who believe they have been wrongfully dismissed because of their political activities are treated as ordinary labour disputes. The Committee also notes that under section 39 of the Labour Code, any dismissal without a valid reason is considered unlawful and may give rise to compensation. The Committee asks the Government to supply information in its future reports on appeals lodged in recent years against wrongful dismissals even where they are treated as ordinary labour disputes.

3. The Committee notes that in answer to its earlier comments concerning Article 2 of the Convention with regard to the national policy designed to promote equality of opportunity and treatment in respect of employment and occupation and the methods used to implement this policy in respect of access to vocational training, the Government indicates that access to vocational training is governed by Act No. 76/12 of 8 July 1976 and Decree No. 79/201 of 28 May 1979 concerning rapid vocational training. The Committee notes that Decree No. 79/201 sets out the conditions for the organization and operation of the Rapid Vocational Training Centres, and the procedures for granting subsidies to these Centres. With reference to paragraph 77 of its 1988 General Survey on equality in employment and occupation, the Committee wishes to draw the Government's attention to the fact that the term "vocational training" used in the Convention should be interpreted broadly to include any training intended to prepare a person for a job, whether a first-time job or not, or for promotion, in any branch of economic activity, including the general, vocational and technical education required for that purpose. The Committee therefore asks the Government to indicate in its future reports its national policy and general methods designed to promote equality of opportunity in respect of access to vocational training in general, including access to general education and in particular higher education.

4. The Committee notes that section 117 of the Labour Code establishes a National Labour Advisory Committee responsible, on the one hand, for studying problems relating to working conditions, employment, vocational guidance and training, job placement, movement of labour, migration, improvements to the material condition of workers, social security, trade unions and, on the other hand, for expressing views and putting forward proposals on legislation and relevant regulations where this is called for by the Code.

The Committee asks the Government to provide detailed information in its next report on the organization and working methods of the National Labour Advisory Committee, the work it has done and the manner in which the views of employers' and workers' organizations are reflected in the national policy concerning the areas covered by the Convention.

5. The Committee notes that, according to the report which the Government submitted to the Human Rights Committee (United Nations document CCPR/C/102/Add.2), the Government has set up a National Committee for Human Rights and Freedoms (CNDHL) by Presidential Decree No. 9P-1459 of 8 November 1990. With regard to the functions attributed to the Committee under article 2 of the Decree of 8 November 1990, namely, to defend and promote human rights and freedoms, the Committee would like to know if this includes the defence and promotion of equal rights in employment and, if this is the case, if the Committee has already taken action in this area. The Committee would also like to receive, in future reports, information on the role of the CNDHL in the promotion of equality of opportunity and treatment in respect of employment and occupation.

6. The Committee notes that the report submitted by the Government to the Human Rights Committee (United Nations document CCPR/C/102/Add.2) draws attention to the concerns and efforts of the Cameroon Government to bring about equality between men and women, in particular by rigorous application of such principles as equal access to the civil service and equal remuneration. Mention is also made in the report of pressure groups set up by women themselves, such as the Association of Women Jurists, the Association for the Advancement of Women and the Association to Combat Violence against Women, and of specialized weekly radio programmes such as "Le droit au f minin". The Committee would like to receive information in future reports on action undertaken by the Government and by these associations to educate and inform the public on anti-discrimination policy.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information supplied by the Government in its report.

1. The Committee notes that the Government's report contains no reply to the question raised by the Committee in its direct request of 1994 concerning the fact that the Preamble to the National Constitution, section 1(2) of the 1992 Labour Code, and the Conditions of Service for the Public Service (section 5 of Decree No. 74-138 of 18 February 1974) do not cover all the criteria expressly mentioned by the Convention as prohibited grounds for discrimination in employment. The Committee therefore asks the Government once again to indicate how the national policy designed to promote equality of opportunity and treatment in respect of employment and occupation with a view to eliminating all distinctions, exclusions or preferences on the grounds referred to in Article 1, paragraph 1(a), of the Convention has been declared. The Government is also asked to describe the general methods by which this policy is being implemented in respect of access to vocational training, access to employment, and terms and conditions of employment, in both the public and private sectors, in accordance with Article 2 of the Convention. The Committee notes furthermore that the Government indicates that the legal basis of the national policy designed to promote equality of opportunity and treatment in respect of employment and occupation is Decree No. 93/571 of 15 July 1993, which specifies the methods for placement of workers. The Committee requests the Government to supply information in its future reports on the concrete measures taken to implement this Decree.

2. The Committee notes that, in its direct request of 1995bis, it asked the Government to communicate information on appeals lodged by persons who are justifiably suspected of, or engaged in, activities prejudicial to the security of the State (Article 4 of the Convention) using the successive appeal procedures recognized in the Labour Code and by Order No. 72/6 of 26 August 1972 providing for the organization of the Supreme Court. In its response, the Government indicates that it is very difficult in legal terms to establish that a worker has been dismissed because of his or her political activities, since employers always contrive to find some professional or economic pretext for the dismissal. As a result of this, appeals by employees who believe they have been wrongfully dismissed because of their political activities are treated as ordinary labour disputes. The Committee also notes that under section 39 of the Labour Code, any dismissal without a valid reason is considered unlawful and may give rise to compensation. The Committee asks the Government to supply information in its future reports on appeals lodged in recent years against wrongful dismissals even where they are treated as ordinary labour disputes.

3. The Committee notes that in answer to its earlier comments concerning Article 2 of the Convention with regard to the national policy designed to promote equality of opportunity and treatment in respect of employment and occupation and the methods used to implement this policy in respect of access to vocational training, the Government indicates that access to vocational training is governed by Act No. 76/12 of 8 July 1976 and Decree No. 79/201 of 28 May 1979 concerning rapid vocational training. The Committee notes that Decree No. 79/201 sets out the conditions for the organization and operation of the Rapid Vocational Training Centres, and the procedures for granting subsidies to these Centres. With reference to paragraph 77 of its 1988 General Survey on equality in employment and occupation, the Committee wishes to draw the Government's attention to the fact that the term "vocational training" used in the Convention should be interpreted broadly to include any training intended to prepare a person for a job, whether a first-time job or not, or for promotion, in any branch of economic activity, including the general, vocational and technical education required for that purpose. The Committee therefore asks the Government to indicate in its future reports its national policy and general methods designed to promote equality of opportunity in respect of access to vocational training in general, including access to general education and in particular higher education.

4. The Committee notes that section 117 of the Labour Code establishes a National Labour Advisory Committee responsible, on the one hand, for studying problems relating to working conditions, employment, vocational guidance and training, job placement, movement of labour, migration, improvements to the material condition of workers, social security, trade unions and, on the other hand, for expressing views and putting forward proposals on legislation and relevant regulations where this is called for by the Code.

The Committee asks the Government to provide detailed information in its next report on the organization and working methods of the National Labour Advisory Committee, the work it has done and the manner in which the views of employers' and workers' organizations are reflected in the national policy concerning the areas covered by the Convention.

5. The Committee notes that, according to the report which the Government submitted to the Human Rights Committee (United Nations document CCPR/C/102/Add.2), the Government has set up a National Committee for Human Rights and Freedoms (CNDHL) by Presidential Decree No. 9P-1459 of 8 November 1990. With regard to the functions attributed to the Committee under article 2 of the Decree of 8 November 1990, namely, to defend and promote human rights and freedoms, the Committee would like to know if this includes the defence and promotion of equal rights in employment and, if this is the case, if the Committee has already taken action in this area. The Committee would also like to receive, in future reports, information on the role of the CNDHL in the promotion of equality of opportunity and treatment in respect of employment and occupation.

6. The Committee notes that the report submitted by the Government to the Human Rights Committee (United Nations document CCPR/C/102/Add.2) draws attention to the concerns and efforts of the Cameroon Government to bring about equality between men and women, in particular by rigorous application of such principles as equal access to the civil service and equal remuneration. Mention is also made in the report of pressure groups set up by women themselves, such as the Association of Women Jurists, the Association for the Advancement of Women and the Association to Combat Violence against Women, and of specialized weekly radio programmes such as "Le droit au féminin". The Committee would like to receive information in future reports on action undertaken by the Government and by these associations to educate and inform the public on anti-discrimination policy.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes that in response to its previous comments concerning the employment of persons who are justifiably suspected of, or engaged in, activities prejudicial to the security of the State (Article 4 of the Convention), the Government indicates that there are no legislative measures regulating the employment of such persons but that their activities are punished under penal law. None the less, employees who consider they had been unjustly dismissed following such activities have access to the successive appeal procedures recognized in the Labour Code and by Order No. 72-6 of 26 August 1972, providing for the organization of the Supreme Court. The Committee requests the Government to communicate to it in future reports information on the appeals lodged on this basis and a copy of judgements handed down in this matter.

2. The Committee notes, however, that the Government's report does not contain the information requested in points 1 and 2 of its previous direct request, which read as follows:

It notes that, according to the Preamble to the national Constitution, all human beings, without any distinction as to race, religion, sex, or creed, have inalienable and sacred rights, including the right to work, and that no one may be subjected to harassment because of his extraction, or his religious, philosophical or political opinions or beliefs, subject to respect for the public order. It notes, however, that the other grounds of discrimination expressly mentioned in the Convention -- colour, national extraction and social origin -- are not included in the Constitution. It also notes that the definition of the term "worker" contained in section 1(2) of Act No. 92/007 of 14 August 1992 issuing the Labour Code refers only to "sex and nationality" as grounds on which discrimination is prohibited, and that the other grounds laid down in the Convention are not mentioned in the Labour Code. Furthermore, in the Conditions of Service of the Public Service (section 5 of Decree No. 74-138 of 18 February 1984), discrimination in respect of access to public sector jobs is prohibited only on grounds of sex.

The Committee therefore requests the Government to indicate how the national policy designed to promote equality of opportunity and treatment in respect of employment and occupation with a view to eliminating all distinctions, exclusions or preferences on the grounds referred to in Article 1, paragraph 1(a), of the Convention has been declared, and to describe the general methods by which this policy is being implemented in respect of access to vocational training, access to employment, and terms and conditions of employment, in both the public and private sectors, in accordance with Article 2 of the Convention.

It therefore trusts that the Government will not fail to supply with its next report the detailed information requested for a number of years in its previous direct requests.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes that the Government's report dated 24 March 1994 is an exact copy of the previous report dated 17 November 1992 and that it was apparently transmitted before receipt of the Committee's 1994 direct request, which read as follows:

1. It notes that, according to the Preamble to the national Constitution, all human beings, without any distinction as to race, religion, sex or creed, have inalienable and sacred rights, including the right to work, and that no one may be subjected to harassment because of his extraction, or his religious, philosophical or political opinions or beliefs, subject to respect for the public order. It notes, however, that the other grounds of discrimination expressly mentioned in the Convention - colour, national extraction and social origin - are not included in the Constitution. It also notes that the definition of the term "worker" contained in section 1(2) of Act No. 92/007 of 14 August 1992 issuing the Labour Code refers only to "sex and nationality" as grounds on which discrimination is prohibited, and that the other grounds laid down in the Convention are not mentioned in the Labour Code. Furthermore, in the Conditions of Service of the Public Service (section 5 of Decree No. 74-138 of 18 February 1974), discrimination in respect of access to public sector jobs is prohibited only on grounds of sex.

The Committee therefore requests the Government to indicate how the national policy designed to promote equality of opportunity and treatment in respect of employment and occupation with a view to eliminating all distinctions, exclusions or preferences on the grounds referred to in Article 1, paragraph 1(a), of the Convention has been declared, and to describe the general methods by which this policy is being implemented in respect of access to vocational training, access to employment, and terms and conditions of employment, in both the public and private sectors, in accordance with Article 2 of the Convention.

2. The Committee notes that the Government's report does not reply to the specific questions in the report form concerning the application of the Articles of the Convention in general, and Article 3 in particular. It requests the Government in its next report to provide the detailed information requested in the report form under Article 3.

3. The Committee notes the information supplied by the Government concerning the lack of any legislative or administrative measures affecting the employment of persons who are justifiably suspected of, or engaged in, activities prejudicial to the security of the State (Article 4 of the Convention). Please indicate whether there are any instances in which an employee, in the public or the private sector, may be dismissed or transferred from a particular job - even if there has been no criminal investigation - because he is suspected of activities prejudicial to the security of the State. If there are such instances, please indicate the procedure to be followed and the available appeal procedures. Please provide copies of the relevant sections of the criminal law punishing the activities of this nature mentioned in the report.

The Committee therefore trusts that the Government will not fail to supply the information requested in the above direct request in its next report.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

1. The Committee notes that in response to its previous comments concerning the employment of persons who are justifiably suspected of, or engaged in, activities prejudicial to the security of the State (Article 4 of the Convention), the Government indicates that there are no legislative measures regulating the employment of such persons but that their activities are punished under penal law. None the less, employees who consider they had been unjustly dismissed following such activities have access to the successive appeal procedures recognized in the Labour Code and by Order No. 72-6 of 26 August 1972, providing for the organization of the Supreme Court. The Committee requests the Government to communicate to it in future reports information on the appeals lodged on this basis and a copy of judgements handed down in this matter.

2. The Committee notes, however, that the Government's report does not contain the information requested in points 1 and 2 of its previous direct request, which read as follows:

It notes that, according to the Preamble to the national Constitution, all human beings, without any distinction as to race, religion, sex, or creed, have inalienable and sacred rights, including the right to work, and that no one may be subjected to harassment because of his extraction, or his religious, philosophical or political opinions or beliefs, subject to respect for the public order. It notes, however, that the other grounds of discrimination expressly mentioned in the Convention - colour, national extraction and social origin - are not included in the Constitution. It also notes that the definition of the term "worker" contained in section 1(2) of Act No. 92/007 of 14 August 1992 issuing the Labour Code refers only to "sex and nationality" as grounds on which discrimination is prohibited, and that the other grounds laid down in the Convention are not mentioned in the Labour Code. Furthermore, in the Conditions of Service of the Public Service (section 5 of Decree No. 74-138 of 18 February 1984), discrimination in respect of access to public sector jobs is prohibited only on grounds of sex.

The Committee therefore requests the Government to indicate how the national policy designed to promote equality of opportunity and treatment in respect of employment and occupation with a view to eliminating all distinctions, exclusions or preferences on the grounds referred to in Article 1, paragraph 1(a), of the Convention has been declared, and to describe the general methods by which this policy is being implemented in respect of access to vocational training, access to employment, and terms and conditions of employment, in both the public and private sectors, in accordance with Article 2 of the Convention.

It therefore trusts that the Government will not fail to supply with its next report the detailed information requested for a number of years in its previous direct requests.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the information supplied by the Government in its report.

1. It notes that, according to the Preamble to the National Constitution, all human beings, without any distinction as to race, religion, sex or creed have inalienable and sacred rights, including the right to work and that no one may be subjected to harassment because of his extraction, or his religious, philosophical or political opinions or beliefs, subject to respect for the public order. It notes, however, that the other grounds of discrimination expressly mentioned in the Convention - colour, national extraction and social origin - are not included in the Constitution. It also notes that the definition of the term "worker" contained in section 1(2) of Act No. 92/007 of 14 August 1992 issuing the Labour Code refers only to "sex and nationality" as grounds on which discrimination is prohibited, and that the other grounds laid down in the Convention are not mentioned elsewhere in the Labour Code. Furthermore, in the Conditions of Service of the Public Service (section 5 of Decree No. 74-138 of 18 February 1974), discrimination in respect of access to public sector jobs is prohibited only on grounds of sex.

The Committee therefore asks the Government to indicate how the national policy designed to promote equality of opportunity and treatment in respect of employment and occupation with a view to eliminating all distinctions, exclusions or preferences on the grounds referred to in Article 1, paragraph 1(a), of the Convention has been declared, and to describe the general methods by which this policy is being implemented in respect of access to vocational training, access to employment, and terms and conditions of employment, in both the public and private sectors, in accordance with Article 2 of the Convention.

2. The Committee notes that the Government's report does not reply to the specific questions in the report form concerning the application of the Articles of the Convention in general, and Article 3 in particular. It asks the Government in its next report to provide the detailed information requested in the report form under Article 3.

3. The Committee notes the information supplied by the Government concerning the lack of any legislative or administrative measures affecting the employment of persons who are justifiably suspected of, or engaged in, activities prejudicial to the security of the State (Article 4 of the Convention). Please indicate whether there are any instances in which an employee, in the public or the private sector, may be dismissed or transferred from a particular job - even if there has been no criminal investigation - because he is suspected of activities prejudicial to the security of the State. If there are such instances, please indicate the procedure to be followed and the available appeal procedures. Please provide copies of the relevant sections of the criminal law punishing the activities of this nature mentioned in the report.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee has taken note of the Government's first report. It observes that the report does not contain sufficient information to enable the Committee to carry out an appropriate examination of the application of the Convention.

It therefore requests the Government to communicate as soon as possible, for examination by the Committee at its next session, a detailed report based on the report form, concerning the Convention, which was approved by the Governing Body of the ILO, and containing all the particulars requested therein.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee has taken note of the Government's first report. It observes that the report does not contain sufficient information to enable the Committee to carry out an appropriate examination of the application of the Convention.

It therefore requests the Government to communicate as soon as possible, for examination by the Committee at its next session, a detailed report based on the report form, concerning the Convention, which was approved by the Governing Body of the ILO, and containing all the particulars requested therein.