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

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

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.