Distr.

GENERAL

E/C.12/Q/CAMER/1
17 December 1998


Original: ENGLISH
List of Issues : Cameroon. 17/12/98.
E/C.12/Q/CAMER/1. (List of Issues)
COMMITTEE ON ECONOMIC, SOCIAL
AND CULTURAL RIGHTS
Pre-sessional working group
7-11 December 1998


IMPLEMENTATION OF THE INTERNATIONAL COVENANT ON
ECONOMIC, SOCIAL AND CULTURAL RIGHTS

List of issues to be taken up in connection with the consideration of the initial report of Cameroon concerning the rights referred to in articles 1-15 of the International Covenant on Economic, Social and Cultural Rights (E/1990/5/Add.35)

I. GENERAL INFORMATION


A. General legal framework within which human rights are protected

1. What is the status of the Covenant in national law? Are the Covenant rights justiciable in the Courts? If so, could reference be made to certain important cases which dealt with Covenant rights?

2. What steps are being taken to render the judiciary more independent and less prone to political influence, corruption and inefficiency?

3. What steps have been taken by the State Party to ensure that the provisions of the Covenant are made known among the general public, government institutions, public officials and members of the judiciary?

4. Has the National Commission on Human Rights and Freedoms set up by the State Party conducted any investigation into alleged violations of Covenant rights? If so, has the Commission made and released a report in that regard?

5. To what extent have non-governmental organizations participated in the preparation of the initial report of Cameroon on the implementation of the Covenant?


II. ISSUES RELATING TO THE GENERAL PROVISIONS
OF THE COVENANT (arts. 1-5)

Article 2. Non-discrimination

6. What measures are being taken to prevent discrimination against women, ethnic minorities and Baka Pygmies?

7. Is it true that Christians in rural areas of the north that are heavily populated by Muslims face discrimination?

8. What corrective measures are being taken by the State Party to ensure that ethnic groups do not discriminate in favour of fellow members of their groups and thus against members of other ethnic groups?

Article 3. Equality between men and women

9. Please inform the Committee whether civil, family, labour, criminal and trade law contains provisions that discriminate against women as far as their economic, social and cultural rights are concerned. What are the measures taken or envisaged to eliminate such discrimination as may exist?

10. Is it true that despite constitutional provisions recognizing women's rights, women do not in fact enjoy the same rights and privileges as men? What are the measures taken by the State Party to ensure that girls are not under-represented at all educational levels, that women are not under-represented in the civil service, are able to have access to the means of production, including credit and land, and do not receive much lower wages than men for equal work?



III. ISSUES RELATING TO SPECIFIC RIGHTS RECOGNIZED
IN THE COVENANT (arts. 6-15)

Article 6. The right to work

11. What measures, legislative or otherwise, has the State Party adopted to ensure that the right to work is provided to all in Cameroon without any discrimination as to colour, sex, caste, ethnic group, creed and social or economic status?

12. What steps have been taken to reduce the high level of unemployment, especially among disadvantaged groups, and to diversify the economy from primarily an agricultural one?

13. Why has the National Employment Fund not succeeded in reducing the level of unemployment in the country, even among the highly qualified?

14. What steps are being taken by the Government to eliminate or reduce the level of discrimination against women, the disabled and young persons in the labour market?

15. What steps are being taken to reduce the high rate of unemployment prevailing among young persons aged 15 and over in the urban areas?

16. What are the measures taken by the State Party to ensure that the indigenous Baka Pygmies are not discriminated against and subjected to unfair and exploitative labour practices?

17. In the light of the prohibition in the Constitution of Cameroon of forced or bonded labour by children, why is the State Party not taking adequate measures to implement that prohibition? Is it true that prison inmates may be contracted out to private employers without being paid wages, or used as communal labour for municipal public works?

Article 7. The right to just and favourable conditions of work

18. In view of the high level of unemployment and of the fact that discrimination exists against women, young persons and the disabled, is there not a contradiction in the statement in paragraph 49 of the report that there is no discrimination in wages paid to workers performing work of equal value?

19. Please provide information on the implementation of articles 80 and 89 of the Labour Code in Cameroon (see para. 61 of the report).

20. What steps are being taken by the State Party to increase wages in the public sector so as to allow workers in that sector to enjoy an adequate standard of living?

21. Are average wages in the free zone enterprises lower than those in the industrial sector? If so, please explain why.

22. What steps are being taken by the State Party to reduce the high number of accidents at work? How many of those accidents resulted in death? Please provide statistical data on accidents at work over the past five years.

23. Why is there no specific legislation in Cameroon enabling workers to remove themselves from dangerous work situations without any threat to their continued employment?

24. Is it true that many urban street vendors are under the age of 14? Are there sufficient labour inspectors to ensure that the Labour Code, which forbids the employment of children under the age of 14, is respected? Is there a national action plan against child labour? If so, please give more details.

25. What steps are taken to ensure that health and safety standards in the workplace are satisfactorily monitored by labour inspectors and occupational health doctors?

Article 8. Trade union rights

26. With reference to paragraph 70 of the report, please provide more details regarding the authorization needed to create a trade union. Who grants the authorization and what are the conditions that must be met before authorization is granted? Is there an appellate procedure against a refusal to authorize the establishment of a trade union?

27. Are the labour rights such as the right to form a trade union, the right to strike and the right to collective bargaining which are protected under the Constitution or the Labour Code, as the case may be, enforced in Cameroon?

28. Is it true that all registered unions are subject to government interference and influence? Why has the Government failed since 1991 to recognize the National Union of Teachers of Higher Education?

29. Why are arbitration proceedings capable of being overturned by the Government and are not legally enforceable?

Article 9. The right to social security

30. With regard to paragraph 79 of the report, what are the reasons for not adhering to ILO Conventions No. 102 and No. 117?

31. What steps have been taken by the State Party to ensure that subscribers to the National Social Prevention Fund pay their dues and that the amount of family allowances and various other benefits do not constantly decrease, to the detriment of the beneficiaries?

32. Why are the provisions of the legislation which provide certain rights for persons with disabilities, including access to public institutions, medical treatment, education and public assistance, not implemented? What measures are taken to provide facilities for disabled persons and care for the mentally disabled? Have special measures, legislative or otherwise, been adopted by the State Party to facilitate access by disabled persons to buildings and the public transport system?

Article 10. Protection of the family, mothers and children

33. What steps are being taken by the State Party to reduce the high rate of population growth? Have family planning programmes been set up?

34. Why is polygamy permitted by law? Is it true that customary law grants greater authority and benefits to male as opposed to female heirs?

35. What steps are being taken to eliminate discrimination between men and women in the legislation on adultery?

36. What steps are taken by the State Party to keep juveniles and non-violent prisoners separate from violent adults in prisons and to prevent sexual abuse of juvenile prisoners?

37. What measures are taken to ensure that babies and small children held in prison together with their mothers enjoy living conditions corresponding to their best interest?

38. Why are there no gender-specific assault laws, in spite of the prevalence of domestic violence against women? Why is spouse abuse not a legal ground for divorce? Please provide statistics regarding violence and any other form of abuse against women.

Article 11. The right to an adequate standard of living

39. Now that annual gross domestic product (GDP) is growing at a rate of more than 5 per cent annually, what measures are being taken to alleviate poverty among vulnerable groups, like women and children, especially in rural areas and major urban centres?

40. What concrete measures have been adopted to deal with the acute housing shortage, particularly in the urban areas? Please indicate whether the State Party has a strategy to address the severe problem of homelessness. Please indicate the number of forced evictions that have occurred in the past five years.

41. What are the steps taken by the State Party to ensure that the minimum wage provides an adequate standard of living for an average worker and his family?

42. What steps are being taken by the State Party to improve sanitary and hygienic conditions in prisons, especially overcrowding? Is it true, for instance, that Bertoua Prison, which was built to house 50 detainees, currently holds 700 prisoners?

Article 12. The right to physical and mental health

43. Are adequate medical facilities afforded to various sections of the population, particularly vulnerable groups? Please give statistics on the incidence of AIDS and related diseases in the country.

44. Please indicate whether female genital mutilation, which is damaging to both physical and psychological health, is practised on pre-adolescent girls in some areas of the country.

45. What are the steps taken by the State Party to distribute equally the health infrastructure in Cameroon and to address the problems of poor management of health services and the shortage of staff and equipment?

46. Will the State Party consider establishing a national pharmaceutical policy and creating a national centre to supply essential medicines to members of the poorest sections of the population who are in need of such medication?

Articles 13 and 14. The right to education

47. What steps are being taken by the State Party to ensure that primary education is free and compulsory? What steps are being taken to ensure that secondary education is accessible to all?

48. Why is the constitutional right to education, which is mandatory up to the age of 14, not enforced by the State Party? Is it true that school fees and costs for books have made it impossible for many families to send their children to school?

49. What measures are being taken to reduce the high rate of illiteracy among the various groups of the population?

50. Please indicate the number and percentage of students going to university.

51. What steps are being taken to enhance the status of teachers and to provide them with adequate salaries and better conditions of service?

52. What measures are being taken by the State Party to ensure that resources are allocated adequately among the 10 provinces, since there is evidence to suggest, for example, that 70 per cent of the nursery school infrastructure is found in just 3 of the 10 provinces?

53. Please provide information on the extent to which issues of human rights education are taken into account in school curricula, as well as on how schoolteachers are trained in this respect.

54. Please provide information as to whether the various ethnic and religious groups in Cameroon enjoy the freedom to receive and impart education relating to their faith.

Article 15. The right to culture

55. Please indicate how many ethnic groups there are in Cameroon and to what extent they have managed to integrate into the society whilst continuing to enjoy their cultural rights.



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