Cameroon
30.
The Committee considered the initial report
of Cameroon (CEDAW/C/CMR/1) at its 476th, 477th
and 483rd meetings, on 20 and 26 June 2000 (see
CEDAW/C/SR.476, 477 and 483).
Introduction by the State party
31.
In introducing the report, the representative
of Cameroon informed the Committee that in Cameroon,
discrimination against women resulted from the
de facto situation rather than de jure. For
example, the use by a woman of her husband's
name was optional and not a legal obligation.
Prior to the ratification of the Convention
without reservations by Cameroon, the Government
had implemented a variety of legislative and
judicial measures to address de jure discrimination.
These included the adoption, in 1972, of the
Constitution, which enshrined the principle
of equality between the sexes. Other legislative
measures introduced prior to the ratification
of the Convention were: the Labour Code, which
recognized the right to work; the General Statute
of the State Public Function, which gave all
citizens, with no distinction on the grounds
of sex, the right to have access to public functions;
and the Code on Nationality, which granted women
and men the same rights in relation to the award,
change or retention of nationality.
32.
The representative indicated that, although
laws were not discriminatory, certain legal
measures, because of ambiguity, might disadvantage
women. In particular, article 7 of the Trade
Code allowed a husband to interrupt his wife's
working activity through notification of his
opposition to the Trade Tribunal. According
to articles 1421 and 1428 of the Civil Code,
women were not fully entitled to use, enjoy
or sell their property, although those rights
were stipulated in the Constitution. In this
context, article 1421 granted the husband the
right to administer communal property, thereby
giving him the right to sell or mortgage the
couple's property without the wife's consent.
Articles 108 and 215 of the Civil Code granted
the husband the sole right to determine the
family domicile, and article 361 of the Penal
Code defined the crime of adultery in terms
more favourable to men than women.
33.
The representative informed the Committee that
the Government had adopted several legal measures
to ensure equality between women and men. These
included removal of the requirement of the husband's
authorization for the wife's travel abroad,
the provision of housing benefits to women workers
on an equal basis with men and the readmission
of girls who had been suspended from school
due to pregnancy. Court decisions, including
ruling No. 14/L, 1993, by the Supreme Court,
recognizing women's right to inheritance, had
also helped to address discrimination.
34.
The representative indicated that since ratification
of the Convention, the Commission of Legislative
and Juridical Reforms had been reorganized within
the Ministry of Justice and now included a Commission
on Civil Legislation, through which the Ministry
on the Status of Women was represented. The
Commission was drafting a new Family Code. A
service unit in charge of reform had been created
in the Ministry on the Status of Women, within
the Directorate for Promotion and Reform, and
planned to initiate bills to promote women's
rights. In this regard, a bill was being prepared
that would address violence against women, including
the issue of female genital mutilation.
35.
The representative informed the Committee that
structures for the promotion of women existed
at the central, intermediate and community levels
and that focal points had been established within
certain structures. Delegations of the Ministry
on the Status of Women existed at the provincial
and departmental levels, services at the district
level and a pool of activities at the local
level. There was also a network of organizations,
including non-governmental organizations, that
worked to promote women's rights, address violence
and discrimination against women and promote
training for women in cultural, socio-economic,
scientific and technological areas.
36.
The representative informed the Committee that
among the factors impeding the implementation
of the Convention in Cameroon were: the multi-ethnic
nature of the country; the coexistence of conflicting
norms of customary and general law; the existence
of a dual system inherited from French and British
colonialism; the limited knowledge of the Convention
among the different social actors; the absence
of a legal definition of discrimination and
of discrimination-related sanctions; the high
level of illiteracy among women; limited material,
financial and human resource allocation to mechanisms
aimed at promoting the advancement of women;
the difficult international economic environment
which, through structural adjustment programmes,
was leading to the dismantling of social security;
and women's limited participation in efforts
aimed at improving their status, both in terms
of political participation and in awareness
of the role they could play to improve their
status.
37.
The representative informed the Committee of
developments that had occurred in Cameroon since
the submission of its report to the Committee
in 1998, particularly at the political level,
demonstrating the Government's commitment to
confront different forms of violence and discrimination
against women. Further actions were envisaged
for the future in order to ensure that women's
rights were promoted and protected in accordance
with the provisions of the Convention.
Concluding comments of the Committee
Introduction
38.
The Committee commends the Government of Cameroon
for ratifying the Convention without reservation
and for presenting a detailed and well-structured
initial report, which provides information on
the implementation of all the articles of the
Convention, as well as relevant statistics.
It thanks the representative of Cameroon for
her oral presentation and for the replies to
questions from the Committee, which provided
a better insight into developments regarding
the situation of women in Cameroon.
39.
The Committee also commends the Government for
sending a large, high-level delegation headed
by the Minister on the Status of Women. It appreciates
the open-mindedness with which the report was
prepared and presented by the State party, which
has engaged the Committee in a constructive
dialogue.
40.
The Committee welcomes the incorporation, by
article 65 of the Constitution of 1996, of the
Convention into the domestic legal system.
41.
The Committee commends the Government for involving
women's associations and non-governmental organizations
in the preparation of the initial report.
Positive aspects
42.
The Committee welcomes the establishment, in
December 1997, of the Ministry on the Status
of Women, which testifies to the Government's
interest in promoting the rights of women. It
also notes with satisfaction that the Ministry
has designated focal points in all the ministries,
with a view to taking gender-specific matters
into account in all national programmes and
policies benefiting women. In particular, it
welcomes the national action plan for the advancement
of women.
43.
The Committee commends the Government of Cameroon
for its measures aimed at eliminating the practice
of genital mutilation, which is a violation
of human rights and is injurious to the physical
and psychological well-being of girls, and poses
a threat to their lives and health.
Factors and difficulties affecting implementation
of the Convention
44. The Committee recognizes that implementation
of the structural adjustment programme, coupled
with privatization, especially in the health
and education sectors, poses serious challenges
to the full implementation of the Convention.
Principal areas of concern and recommendations
45.
The Committee notes with concern that, despite
the incorporation of the Convention into domestic
law and some legislative achievements, a number
of discriminatory provisions exist, thus impeding
full implementation of the Convention. The Committee
is also concerned that the retention of discriminatory
laws from two different legal systems, as well
as customary law, compounds this problem.
46.
The Committee recommends that the State party
should urgently undertake a comprehensive reform
of legislation in order to promote equality
and human rights for women. The Committee also
recommends the introduction of effective legal
remedies and a review and revision of customary
law that infringes the human rights of women.
47.
The Committee considers that the inadequate
allocation of resources for the advancement
of women, with the resultant incomplete execution
of programmes and projects, seriously jeopardizes
the improvement of women's living conditions.
48.
The Committee urges the Government to allocate
sufficient resources for targeted programmes
to promote the advancement of women.
49.
The Committee notes with concern that, despite
some efforts, there is no holistic approach
to the prevention and elimination of the various
forms of violence against women and girls, in
particular female genital mutilation and domestic
violence.
50.
The Committee invites the Government to apply
the Committee's general recommendation 19 and
formulate policies and programmes to eliminate
these violations of women's human rights. It
recommends that the Government provide access
to legal remedies and medical services, establish
counselling services for the victims, train
legal, health and police personnel, and launch
public-awareness campaigns in order to achieve
zero tolerance with regard to all forms of violence
against women and girls.
51.
The Committee is concerned that because of the
increased feminization of poverty, more women
and girls are entering prostitution and are
thereby exposed to exploitation.
52.
The Committee urges the Government to design
and implement poverty alleviation programmes
so that women and girls do not have to resort
to prostitution for their livelihoods. It recommends
that the Government develop programmes to reintegrate
prostitutes, raise public awareness and prevent
such exploitation. Moreover, in the light of
the HIV/AIDS pandemic in Cameroon, full attention
must be paid to the health services available
to prostitutes.
53.
The Committee is disturbed by the persistence
of cultural practices and deep-rooted stereotypes
relating to the roles and responsibilities of
women and men in all areas of life, which affect
their enjoyment of all human rights.
54.
The Committee urges the Government to review
all aspects of this situation and to adopt legislation
to prohibit discriminatory cultural practices,
in particular those relating to female genital
mutilation, levirate, inheritance, early and
forced marriage and polygamy. It also urges
the Government to carry out further public-awareness,
information and training programmes targeting
community leaders and the general public, so
as to change ways of thinking and the stereotyped
perceptions of the roles and responsibilities
of women and men.
55.
The Committee is concerned at the extremely
low percentage of women candidates for election
and appointed to public office and decision-making
posts, and at the low percentage of women in
ministerial posts.
56.
The Committee urges the Government to take effective
measures to increase the number of women elected
and appointed to public office and positions
of decision-making.
57.
Despite the Government's efforts in the area
of education, the Committee is concerned at
the low rate of female literacy, the high female
dropout rate, and the low rate of female enrolment
in basic education.
58.
The Committee encourages the Government to intensify
its efforts to promote female access to basic
and secondary education and to develop programmes
specifically designed to reduce female illiteracy.
59.
The Committee notes with concern the high rate
of fertility and repeated pregnancy, the high
mortality rate among mothers and children and
the HIV/AIDS pandemic in Cameroon.
60.
The Committee urges the Government to review
the abortion laws, to undertake to increase
the use of contraceptives, and to develop programmes
to protect mothers and children. It further
recommends that the Government strengthen its
awareness campaigns to make women aware of the
risks and effects of sexually transmitted diseases,
including HIV/AIDS.
61.
The Committee notes with concern that, despite
the important role of rural women in Cameroon
and despite the Government's efforts to provide
them with education and extension services,
these women are disadvantaged and living in
difficult circumstances.
62.
The Committee urges the Government to pay the
utmost attention to the needs of rural women
and to ensure that they benefit from the policies
and programmes adopted in all areas. It should
also ensure that rural women are able to participate,
on an equal basis, in the adoption of decisions
to guarantee them access to literacy, health
services, drinking water and credit.
63.
The Committee urges the Government to accept
the amendment to article 20, paragraph 1, of
the Convention, concerning the time of meetings
of the Committee.
64.
The Committee encourages the Government to sign
and ratify the Optional Protocol to the Convention.
65.
The Committee urges the Government to respond
in its next periodic report to the specific
questions raised in the present conclusions.
It also urges the Government to improve the
collection and analysis of statistical data
broken down by gender and age with regard to
poverty and violence against women and with
regard to the application of articles 10, 11,
12, 14 and 16 of the Convention, and to submit
such data to the Committee in its next report.
66.
The Committee requests that the text of the
present conclusions should be widely disseminated
in Cameroon so as to inform the public, in particular
administrators, officials and politicians, of
the measures taken to guarantee equality de
jure and de facto between men and women, and
of the supplementary measures to be adopted
in this area. The Committee also urges the Government
to continue to give broad publicity, particularly
among women's associations and human rights
organizations, to the Convention, its Optional
Protocol, the general recommendations of the
Committee, the Beijing Declaration and Platform
for Action and the results of the twenty-third
special session of the General Assembly, entitled
"Women 2000: gender equality, development and
peace for the twenty-first century", held in
June 2000.