COMMITTEE ON ELIMINATION OF DISCRIMINATION AGAINST WOMEN CONSIDERS REPORT OF CAMEROON

The Committee on the Elimination of Discrimination Against Women has considered the combined second and third periodic report of Cameroon on how that country implements the provisions of the Convention on the Elimination of Discrimination Against Women.

Fabien Nkou, Permanent Representative of Cameroon to the United Nations Office at Geneva, presenting the report, said Cameroon was very grateful to the Committee for everything that it was doing to enhance the atmosphere of frank cooperation with Cameroon. Cameroon had come a long way, but recognised that it still had a long way to go. Cameroon's commitment and faith in its Government was unshakeable, which was why the delegation had come to Geneva, as well as to listen to the Committee and establish a dialogue so that Cameroon and the Committee could go hand-in-hand along the road to protect the rights of women.

Regine Abedaba, Magistrate at the Ministry for Human Rights and Justice of Cameroon, also presenting the report, said the main strategy of the Government was the promotion of gender equality, which launched the growth and development of human capacities, allowing all to enjoy their human rights with the aim of establishing a democratic and inclusive society. Cameroon had, on the institutional level, a Ministry in charge of the promotion of women and equality between the sexes. This Ministry worked in tight collaboration with all other Governmental structures, civil society organizations and development partners. The Government of Cameroon took the provisions of the Convention very seriously, making a close link between the goals of development and a comprehensive plan to cover women's issues. The path to cover remained considerable, but the political will was undeniable and irreversible.

Among questions and issues raised by Committee Experts on the report were the need to incorporate in the Constitution or other basic legislation a definition of discrimination and the principle of equality; the need to take up cultural practices and deal with them, such as female genital mutilation; whether the new Code on Persons and the Family would fully comply with the requirements of the Convention on the transfer of nationality to the child; and whether the Government had plans to revisit the Labour Code to remove entrenched gender discrimination contained therein and to ensure that all workers received favourable conditions of employment including salary and safe conditions of work.

In concluding remarks, Mr. Nkou said Cameroon understood that it had here brothers and sisters from all over the world who had made very constructive comments, and this would aid Cameroon in making progress in the important matter that was the promotion and defence of women's rights. Cameroon had brought this consolidated report to explain what was being done in this important area. It was very difficult, but Cameroon had embarked on the process to make sure that women, the mothers of humanity, were eminent in Cameroon's society. Everybody had a mother, wife, or sister, and respected them. This was the spirit in Cameroon, and it enabled the delegation to listen to the comments, and the speaker was sure that the next review would be satisfactory to the Committee.

Also in concluding remarks, Naela Gabr, Committee Chairperson, thanked the delegation for the combined report and the information contained therein, as well as in the replies to the Committee's questions. Cameroon was to be thanked for ratifying the Convention without reservation, as well as the Optional Protocol. The Committee understood that Cameroon had a problem with regards to the economic situation and debts, but all from the African continent had to face these problems, and the financial crisis, but she hoped that it would not have a negative impact on women's conditions, and that Cameroon would do the necessary to eliminate the negative stereotypes in its society, bringing more women into diplomacy and politics, with a programme for awareness, changes in school textbooks, and more coverage for the informal and rural sectors.

The delegation of Cameroon contained representatives of the National Assembly, the Ministry of Human Rights and Justice, the Prime Minister's services, a civil society representative, and of the Permanent Mission of Cameroon to the United Nations Office at Geneva.

The next meeting of the Committee will be at 10 a.m. on Thursday, 29 January, when it is scheduled to consider the second periodic report (CEDAW/C/LBY/2) and combined second, third,
fourth and fifth periodic reports (CEDAW/C/LBY5) of Libya.

Report of Cameroon

The combined second and third periodic report of Cameroon (CEDAW/C/CMR/3) is a compilation of supplementary information and responses to specific observations and questions of the Committee and new measures and facts relating to the implementation of the Convention. The report is divided in two parts: the first part presents the general socio-economic, political and legal framework in Cameroon; part two presents article-by-article information on the new measures taken by Cameroon to implement the Convention, as well as clarifications in response to the Committee’s concerns and observations. Cameroon’s body of laws embodies the principle of equality between men and women. It should be noted that the various texts pertaining to this matter were addressed in the initial report of Cameroon on the Convention on the Elimination of All Forms of Discrimination against Women in 2000. It is worth recalling that some of those texts embody the principle of equality between men and women

No legal definition of discrimination has so far been adopted. However, the draft law for the prevention and punishment of violence against women and of gender-based discrimination provides for a definition of discrimination and subsequent sanctions. This marks the Government’s resolve to strengthen existing legal machinery and instruments for the protection of women. With a view to enabling women to enjoy the rights recognized under the Convention, the authorities have taken political, institutional, legislative and administrative measures. To that end, the Poverty Reduction Strategy Paper (PRSP) affords a suitable framework for implementing the policy laid down by the Head of State. For that purpose, programmes and projects are developed for the advancement of women in the context of bilateral and multilateral cooperation. Those initiatives are geared to capacity-building for women in the socio-economic and legal arenas, in order to foster full autonomy for this vulnerable sector of society.

Having espoused the defence and protection of human rights as one of the aims of its National Governance Programme, the Government intends to afford protection to vulnerable groups and minorities. Accordingly, it is developing an action plan aimed at the advancement of women, in which it proposes: to translate into reality the principle of equal access by men and women to elective offices and functions to promote, encourage and oversee a quota policy in elections and in the workplace; to ensure that, where rules so allow, women receive compensation equal to that of men; to support the policy of combating violence against women; to adopt a Family Code; and to approve the strategy regarding vocational training on an equitable basis. Similarly, the Social Development Sector Strategy contains mechanisms to enable the promotion of well being for disadvantaged populations, including women. Specific initiatives are envisaged for women prostitutes, in particular to address their social and health needs.

Presentation of Report

FABIEN NKOU, Permanent Representative of Cameroon to the United Nations Office at Geneva, presenting the report, said the President of Cameroon and his wife were working very hard for equality. Cameroon was very grateful to the Committee for everything that it was doing to enhance the atmosphere of frank cooperation with Cameroon. The delegation wished to report on the efforts which the Government was accomplishing every day in order to reaffirm protection and defence of women's rights in Cameroon. Cameroon had come a long way, but recognised that it still had a long way to go. Nothing was perfect in this world, and material means were of necessity limited, and this was true in all developing countries. However, Cameroon's commitment and faith in its Government was unshakable, which was why the delegation had come to Geneva, as well as to listen to the Committee and establish a dialogue so that Cameroon and the Committee could go hand-in-hand along the road to protect the rights of women. Women were mothers, and were also the future.

REGINE ABEDABA, Magistrate at the Ministry for Human Rights and Justice of Cameroon, presenting the report, said Cameroon had ratified without reservations the Convention in 1994, demonstrating the constant political will of ensuring to the women and girls of Cameroon living conditions that were favourable to their daily life and as regarded their access to social, political, economic and cultural areas. The main strategy of the Government in this regard was the promotion of gender equality, which launched the growth and development of human capacities, allowing them to enjoy their human rights with the aim of establishing a democratic and inclusive society. It was in this context that the report had been formulated. Its drafting had brought up a number of questions which required answers. On legislative reforms, the draft Bill on the repression of violence and discrimination based on gender had been refined, drafted, and the process of adoption had begun. The Code on Persons and the Family was also at the same stage. Issues relating to equality between men and women in the family sphere were a centre of interest for the Government, the goal of which was to find a definitive solution to all problems linked to the exercise of women's civil and political rights.

With regards to the fight against practices and customs that were derogatory to women, the Government had adopted a strategy that integrated judicial measures, sensitising activities, training and information, as well as studies aimed to improve the current policies. Gender mainstreaming was targeted at sectoral and social partners. These included encouraging girls' attendance in schools through scholarships, training women in politics, improving women's literacy, and others. The organizational capacities of women's organizations were also reinforced, as was the fight against violence against women, and support was given to reinforce women's economic power. Cameroon had, on the institutional level, a Ministry in charge of the promotion of women and equality between the sexes. This Ministry worked in tight collaboration with all other Governmental structures, civil society organizations and development partners. The Government of Cameroon took the provisions of the Convention very seriously, making a close link between the goals of development and a comprehensive plan to cover women's issues. The path to cover remained considerable, but the political will was undeniable and irreversible.

Questions by Committee Experts

Taking up articles one to six, Committee Experts raised a number of questions and issues, including a request for clarification on whether it was true that the provisions of the Convention could be directly invoked in the courts, and whether this had been done; how familiar was the judiciary with the provisions of the Convention - were there regular training courses to ensure that they were; the need to incorporate in the Constitution or other basic legislation a definition of discrimination and the principle of equality; what was the nature of the complaints submitted by women to the National Commission on Human Rights and Freedoms, and whether the latter body was based on the Convention and was a truly independent human rights committee and could qualify as a human rights institution under the Paris Principles; what were the terms of reference of the Ministry for the Promotion of Women, its goals, financial resources, programmes, strategies, and others; how Cameroon viewed temporary special measures; the need to take up cultural practices and deal with them, such as female genital mutilation; and the continuing problem of trafficking and the need for the draft Family Law to cover the violation of women's rights specifically in the context of trafficking.

Response by Delegation

Responding to these questions and others, the delegation said an awareness campaign had been held for the judiciary, after which the Government had thought that the same could be done for women's organizations, making them aware of the provisions of the Convention. When a woman considered she had been the victim of discriminatory behaviour, she could go to the civil court and invoke the provisions of the Convention. In the case of criminal affairs, in the case of violence, however, there was no sexist distinction drawn with regards to that violence. A woman victim of domestic violence could go to court just on the grounds of violence, and it was important to draw women's attention to this. The Draft Law on discrimination and violence against women would contain a provision covering this issue. A new civil proceedings code was being elaborated.

The National Human Rights Commission followed the Paris Provisions. Women and those who were complaining of violations of their rights tended to go first to the Ministry of Justice, and the Ministry then went to the Commission to request a study to investigate who was making complaints. The Government was trying to publicise further the information so that those who were able to apply to the Commission did not go first to the Ministry of Justice and thus waste time.

There were a number of channels which would be institutionalised which covered the promotion of women's economic and social status, the delegation said. In future, sex-based violence, including female genital mutilation, would also be covered. A fund was working to integrate women into this framework, and to encourage women's entrepreneurship. There was also a programme on institutional development, which contained a range of elements, including reinforcing the structure of the Ministry for the Promotion of Women. The Ministry had set up a listening service and follow-up advice system for those who complained to the Ministry, in particular with regards to violence, and it also wished to set up a welcome centre for victims of violence.

Efforts had been made to set up a gender focal point, the delegation said, in particular to obtain statistics on women's capabilities, as there was a need to put women in a position to shoulder certain tasks and responsibilities. The State was monitoring traditional customs and practices to ensure that they were not contrary to public order. There were awareness meetings for judges to remind them that they had to respect the Convention with regards to these customs, which were often even against codified law. Magistrates who were not judges sometimes applied customary law, but there was an oversight to ensure that this was not applied when it went against codified law. On customs and practices that were unfavourable to women, there were ongoing sensitisation meetings, as well as posters and messages that were sent out on a regular basis, and these also included female genital mutilation.

Ironing of breasts was not a form of violence against women - it was to protect young girls against sexual aggression, and mothers thought this was a sound practice. If breasts were not seen, then young girls did not attract men. This therefore did have a positive element. The end of marriage was death - but a woman should be able to retrieve her freedom when the husband died, as long as she was not pregnant. There was a period of six months after widowhood during which a woman could not re-marry, which was to determine whether she was pregnant or not, and if so, then the child would be attributed to the dead father. No woman was at present forced to marry the brother of her deceased husband, despite the traditional practice, unless she chose to do so. If there was an obligation in this regard, then she was entitled to go to the courts.

In Cameroon, the Government was undertaking a broad reform of the legislation, including of the Labour Code to include the definition of the worst forms of labour, and when it had the finances it implemented priority programmes. With the support of UNDP, a new Civil Code, a new Criminal Code, and a new code on civil and commercial procedures were being drafted. For this, finances were required, as well as research. This was a broad movement which would be intensified in all areas where things needed to be reformed. The Convention was an integral part of Cameroon's legislation, and it took priority over national laws. On the subject of prostitution, it remained a crime. Once the courts received reports of prostitution or pimping, then there were texts in the Criminal Code in the section on violence which contained provisions to punish this. In order to combat prostitution, people's morals needed to be changed. Under the present Criminal Code, acts of sexual aggression, in particular against young girls, were punished. Cameroon adopted a law in 2007 against acts of sexual violence perpetrated on women and children, and this was pursued by the police.

Responding to follow-up questions, Mr. Nkou said that women were increasingly going to school in Cameroon, and women in Cameroon were fully aware of their rights. Men, who were the aggressor as a rule, knew that they were dealing with a person who was fully aware of her rights and knew how to use them. With regards to the suppression of certain rights as regarded customary law, the judiciary system was fragile due to financial constraints. The courts wished to do something about the issue and carry out modern-day justice. The birth of a girl child was increasingly considered a blessing and celebrated. Women in Cameroon had learned to defend themselves. The delegation said that international conventions were part and parcel of Cameroon law. Parity was not rejected. There was ongoing continuous information and training for the judiciary, including the police and penitential services with cultural and human rights seminars, providing practical information.

On matters concerning gender equality and quotas, women were represented at the highest levels. The country was still at a level of awareness raising with regards to marital rape, as men still viewed this as a prerogative, and if it were to be repressed, then it had to be done legally. Rape as such was included in the Criminal Code, and the status of the rapist was not included therein. Women in Cameroon were not considered the property of the husband at a legal level. All Governmental institutions had been asked to set up focal points, and work was being done to strengthen these. Among these, two had gone past focal points and had been setting up gender polices to include the gender aspect in their policies. Information was given to women in special centres for informing women and the family. Legislation punished infanticide, and it could not be said that it was something that existed because people wished for sons and not daughters. Whatever the sex of the child, if the mother had murdered it, she would be punished under criminal law. Ancestral customs or wishes encouraged the birth of boys in order to carry on the family name, but this had nothing to do with legislation.

Questions by Experts

Taking up articles seven to nine of the Convention, Experts raised a number of questions and issues, including the need for quotas to ensure that women were represented at the political level, including at the international level; the need for women to take a higher profile in universities and Parliament; and a request for information on the substance of the Nationality Code, and whether the new Code on Persons and the Family would fully comply with the requirements of the Convention on the transfer of nationality to the child, as it appeared that this was not currently the situation.

Response by Delegation

Responding to these questions and others, Mr. Nkou said that Cameroon had suffered from a serious economic situation, and had applied to the International Monetary Fund so that it would help the country. Everybody knew about the serious conditions that entailed. Finally, the people of Cameroon, in a show of solidarity, had emerged from structural adjustment, and would try to balance the budget in future in an effort to retain its sovereignty. On the gender approach and quotas, parity had not yet been achieved, obviously, but there was strong political commitment to change this. A woman who chose to make a career in the diplomatic service could be penalised in terms of her family life - she might have to work abroad, and her husband might not choose to accompany her. The majority of political parties in Cameroon had told local mayors that they had to include a woman in their teams.

The delegation said the present law on nationalities dated back to 1968, and the Government had noted that it was to a certain measure obsolete. Nationality was a problem when a Cameroonian woman married a foreigner. If a foreign woman married a Cameroonian man, then the children had his nationality, however, the reverse was not necessarily true, and the children could be considered foreigners. At present, the Ministry of Justice, in the context of reviewing the old legal texts, was drafting a new law on nationality, and would cover these topics, including the problem of women who had to choose a nationality when they married. A completely new text was going to have to be drafted.

Responding to brief follow-up questions, the delegation said on the repression of female genital mutilation, this was being carried out by the Women's Ministry. The Criminal Code covered punishable types of injuries, but the draft Criminal Code would contain a law against discrimination and violence against women and would have specific provisions for the punishment of female genital mutilation. But at present, these mutilations were not punished, as the issue of the nature of the violence and its extent was unclear.

Questions by Experts

Taking up articles 10 to 14 of the Convention, Experts raised a number of questions and issues, including the situation with regards to girl students who were sexually harassed by male teachers, in particular in rural areas, and whose parents were reluctant to send them to school, and how widespread was the phenomenon; whether there was any sensitisation among teachers in schools, especially among male teachers, on sex; whether there was sex education provided to girls in a safe environment; whether textbooks for both public and private schools were examined and approved to ensure their context contained a sense of sexual equality; what was done to ensure refugee girls' access to education; whether there was any disaggregated data by sex on women in the labour force; whether the Government had plans to revisit the Labour Code to remove entrenched gender discrimination contained therein and to ensure that all workers received favourable conditions of employment including salary and safe conditions of work; what efforts were being done to promote and protect small businesses and other employment abilities and what was being done to encourage their transit from the informal to the formal sector; and a request for clarification of the work and role of the Social Security Reform Committee.

Response by Delegation

Responding to these questions and others, Mr. Nkou said there was no question of forbidding women access to land. In the country, access to a modern banking system was difficult, as there were two banking systems - the modern banking system, financing institutions, the Central Bank, commercial banks and business banks; and the traditional banking system. The former laid down a number of conditions, such as guarantees, and people did not understand these. A lot of Cameroonians had therefore gone back to the traditional banking system, with no guarantees, no paperwork, and based on the honour system. The biggest budget in Cameroon was the education budget, followed by the health budget. Education was the utmost priority. There were two systems of social security, just like the banking system. Among poor people, there was no formal social security system, but the Government was setting this up. It would be based on women's associations - everybody made their contribution, and there was a form of solidarity between the sick and the healthy.

There were women officers in the Army and the Police, Mr. Nkou said, and there were even some sections where women were in the majority - such as nurses and auxiliary nurses in the health system, and thus there was no segregation. The Government was trying to ensure that women were visible in all services. With regards to sexual harassment, as long as there were men and women in the world, there would be this problem. When a woman complained of harassment, there was first administrative action, followed by, if the woman wished so, a court appearance. If the case was proved, then there was a judgement, and the perpetrator could even be fired.

On free of charge education for girls in the country, the delegation said that education was dealt with by three Ministerial departments: the Ministry of Technical Education, the Ministry of National Education, the Ministry of Higher Education, and in all of these, the education of girls was guaranteed. The State gave educational packages to every school, covering the whole of Cameroon, with the aim of facilitating education of children, in particular girls. This covered even the most remote areas. Programmes had been set up, and, with the help of UNICEF, great progress had been made. Work was done to provide training for girls in formal employment once they had finished obligatory schooling.

There were sex education programmes in schools, as well as HIV/AIDS education, and general education which was provided to deal with unwanted pregnancies. There was no taboo subject - education was for everybody, and there was a specific sector intended for young girls. Once they were no longer in the formal school network and were going out to learn a profession, they were taught a minimum of human matters, which were taught to help them defend themselves in all situations. Sexual harassment could be found everywhere there were men and women - what needed to be done was to establish the framework and the environment to eliminate this. The Labour Code could perhaps include provisions to fine this, or even include reference to the Criminal Code, as the Labour Code dealt only with civil offences. The Labour Code contained positive actions in favour of pregnant women, such as the guarantee of periods of rest and the interdiction of night work, as well as fourteen weeks maternity leave after delivery.

The law provided for the husband to choose the family home, but if the wife deemed that the residence was dangerous for the family, she could take the issue to court to prove that there was danger for the family members. This did not often take place, the delegation said. With regards to real estate, women in Cameroon were entitled to acquire land - once they were married, this was owned collectively by the family, but she herself could buy land. Women inherited the lands of their parents, and had to have the same share as their brothers. They needed to claim their right to inheritance, however. But there were no problems or institutional barriers to having women own land. Women could accede to posts as per their capacities and skills, and these last were recognised. Abortion in Cameroon was considered an offence, and a family planning campaign had been launched. It succeeded in selling contraceptives, and allowing women to have consultations, whereas before they had to be taken to the doctor and be given a prescription. An awareness campaign had been held on the Pill, and this covered the fight against unwanted pregnancies and sexually-transmitted diseases.

Responding to brief follow-up questions, Mr. Nkou said that men could not legally prevent their wives from taking up paid employment. The trend in Cameroon was increasingly towards women having jobs, and men were in favour of this. On the introduction of a social security system, Cameroon had set up a Committee to consider this and progress was being made. There were women's organizations, "tontines", which worked to organize micro-credit and loans and such issues as solidarity, help for training, and others. Some thought these organizations could be used as a start to establish an overall social security system. There was no discrimination in employment, and women and men were paid the same salary for equal work. Salary scales were public, both in the public and private sector, but since the introduction of a certain amount of liberalism, salaries had been liberalised in the private sector, and were negotiated between employer and employee. There were two sectors for women in the agricultural arena: the formal one, where everything was covered by legal texts, and the informal sector.

In cases of rape, abortion was allowed, the delegation said, as it was if the mother's life was endangered. The Ministry for Women and Families was cooperating with everybody, and the focal points in the various ministries had been set up to enhance this synergy. There was an insufficiency of statistical data, but the Ministry was working to collect this data from the focal points. Education was very important, and this was why the Ministry worked with local administrations and also with the families to encourage this and to teach the concept of gender equality.

Questions by Experts

Taking up articles fifteen and sixteen, Experts raised a number of questions and issues, including the persistence of the practice of bride price, and what the Government intended to do about it; the issue of the discriminatory age of marriage and some of the discriminatory provisions in the Civil Code and when would the new Code be adopted and passed; the need to adopt a unified age of majority and marriage at 18 to bring legislation into line with the Convention on the Rights of the Child, as well as the Convention on Elimination of Discrimination Against Women; the need to broadcast an interpretation of the Koran which said that polygamy was not allowed as wives could not be treated equally, in order to abolish this phenomenon; and the need to bolster equality in marriage between men and women, including with regards to divorce.

Response by Delegation

Responding to these questions and others, Mr. Nkou said that Cameroon was proud that it had provided education and training to both men and women, at the cost of great financial sacrifice. But a legal text was of no value if it was not applied. Cameroonian women knew that the decree allowing men to forbid women from working was obsolete. It was every man's dream that his wife had a job. On land, in economic theory, when something was abundant, it was cheap. There was an abundance of good arable land, and if a woman wished access to land in her area, then she had this right. Women had the same rights as did men with regards to inheritance. If a woman owned land, on her death, that land went to her son. But this did not mean that the land did not go to daughters - land belonged to all Cameroonians, men and women.

The delegation said for the time being, the dowry remained symbolic in regions where it was practiced. In the customary system, the dowry ceremony was representative of the marriage and the giving of the daughter from one family to the other. The Government could embark on the prohibition of dowry, as this was a practice linked to the family. The age provided for marriage in the new draft Code on the Family was 18. There had been cases of brides refusing marriage on the wedding day as the husband insisted on polygamy. No woman had to accept polygamy in the current conditions - this was a choice to be made by the spouses. If a woman was less than 18, then a marriage was not valid.



Concluding Remarks

FABIEN NKOU, Permanent Representative of Cameroon to the United Nations Office at Geneva, in concluding remarks, said he was rather moved, and wished to thank the Committee Experts wholeheartedly for their welcome and understanding of Cameroon's problems. Cameroon understood that it had here brothers and sisters from all over the world who had made very constructive comments, and this would aid Cameroon in making progress in the important matter that was the promotion and defence of women's rights. Cameroon had brought this consolidated report to explain what was being done in this important area. It was very difficult, but Cameroon had embarked on the process to make sure that women, the mothers of humanity, were eminent in Cameroon's society. Everybody had a mother, wife, or sister, and respected them. This was the spirit in Cameroon, and it enabled the delegation to listen to the comments, and the speaker was sure that the next review would be satisfactory to the Committee.

NAELA GABR, Chairperson of the Committee, said it had been a very friendly and animated discussion, and Cameroon had heard the comments and observations of the Committee, and had promised to transmit them to the capital. The Committee hoped that the Parliament would note these, and would abrogate the Family Code shortly. Cameroon was thanked for the combined report and the information contained therein, as well as in the replies to the Committee's questions. Cameroon was to be thanked for ratifying the Convention without reservation, as well as the Optional Protocol. The Committee understood that Cameroon had a problem with regards to the economic situation and debts, but all from the African continent had to face these problems, and the financial crisis, but she hoped that it would not have a negative impact on women's conditions, and that Cameroon would do the necessary to eliminate the negative stereotypes in its society, bringing more women into diplomacy and politics, with a programme for awareness, changes in school textbooks, and more coverage for the informal and rural sectors.


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CEDAW09008E