CHAPTER ONE

GENERAL INTRODUCTION

1.1       Background to the Study Historical background

Understanding labor relations in Cameroon requires attention to the counties

political history. The concept of labor as we have it today did not exist during the pre-colonial era. There was no paid employment and as such there was no worker.

The availability of a legal tender was also missing and the nature of activities at the time like farming and hunting could not support paid employment. It was unconscionable to talk of paid labor at that time since it was termed a taboo.

The coming of the Europeans brought changes in employment relations in Cameroon during the colonial era. During this era paid employment as we have it today officially started. After the signing of the Germano Duala treaty of 1984,the Germans opened plantations in Cameroon in areas such as membea, mbomboko  etc.

With the advent of these plantations, the Germans had to recruit workers in Cameroon since it was impossible to import German workers due to the harshness in Africa.so workers like intermediaries, collectors and porters were employed.to foster employment security the Germans had to pass a decree in 1896 which governed the recruitment of natives and employers.

This decree mandated the labor commissions appointed to each district to respect plantation workers and it also forbade work for more than 10 hours a day.in 1908 the Germans equally passed another law regulating the employment of porters.

After the defeat of the Germans in the ww1, they were ousted from Cameroon and the British and French came in France on her part introduced the 1952 in former east Cameroon which was largely pro administration and led to massive violation of labor rights in Cameroon. Britain on her part introduced the English for her oversea territories for her Nigerian colonies.

Cameroon being part of Nigeria at the time inherited all British laws from Nigeria. Some of these laws included the 1929 labor code ordinance, the 138-trade union ordinance which regulated the functioning of trade unions, the workmen compensation ordinance of 1941 which was meant to make it imperative for employers to compensate employees’ injuries suffered at work.2

After independence in 1960 and 1961 for east and west Cameroons respectively and the subsequent merging of the two Cameroons, there was the need to harmonize the laws inherited from the colonial powers. A bill was presented to the federal assembly for the adoption of a draft labor code. This led to the enactment of the 1967 labor code.

This code significant in improving labor relations since it introduced the post of staff representative. The code was later amended in 1974 and 1992. To this end Yanou argued that it was a replica of the 1967 labor code.

However, despite the argues raised this eminent professor of laws, the 1992 labor code of Cameroon remains the legislation that governs the substantive an procedural rules that relate to labor matters in Cameroon.

1.2 Statement of the Research Problem

The preamble to Cameroon’s Constitution proclaims that every person has the right and the duty to work. Similarly, the Labor Code recognizes the right of every citizen to work and states that the state should do everything possible to assist a citizen in finding employment and keeping it once he/she has obtained it.

It adds that work is a national duty for every adult, able-bodied citizen.4 But in reality discriminatory practices occur in hiring, particularly in the private sector. In fact, given the complete freedom to negotiate an employment contract, women of equal competence are often victims of discrimination in pay because of their gender.

Again Labor legislation guarantees the right to healthy and secure working conditions. It thus prohibits night work for women in industrial jobs; it prohibits dismissal because of pregnancy or a dismissal connected to the woman’s matrimonial status.

It also provides for paid maternity leave for women.6 Labor laws also permit a pregnant woman to break her employment contract unilaterally without having to pay compensation to her employer, if her state of health no longer allows her to carry out her job. On the contrary, an employer cannot fire her because of her pregnancy.

The Labor Code grants pregnant women a 14 week maternity leave that can be extended for 6 weeks in case of illness connected to the pregnancy or delivery.

It provides her with daily compensation equal to the amount of the salary she was receiving at the time her work contract is interrupted. This compensation is the responsibility of the National Social Contingency Fund.

In addition, for 15 months after her child’s birth, a woman is permitted to take breaks to be able to nurse her child.10 During this period she can break her contract without notification and without having to pay compensation to her employer.

But in reality although Cameroon’s Labor Code provides adequate protection for a pregnant woman and a woman who has given birth, practical experience shows that more and more women, especially at the higher management level, are required to give up their maternity leave, at least partially or at least to adjust it, in order to keep their job.

Thus, in practice, a woman cannot completely take advantage of the time off that the law grants her. In some cases, informal work agreements between women and their employers forbid them from having children for a certain period or require them to give up their right to maternity leave.

Finally, In Cameroon there is no law concerning sexual harassment, Legislation addressing sexual harassment could aid in resolving one of the causes of gender- related employment discrimination suffered by Cameroonian women.

In fact, many seminars and conferences have noted the effect and vicious nature of this phenomenon in Cameroon. Sexual harassment is difficult to eradicate in a cultural context where society acknowledges and accepts “the right of the boss.

Based on the aforementioned we are carrying out this research to make find out the root causes of the problems raised and to make recommendations that would help address the issues.

1.3 Research Question

This researcher seeks to answer the following questions.

1.3.1    General Research Question

Is there any framework for the protection of pregnant women and children in Cameroon?

1.3.2    Specific Research Questions

1. What are the various rights of women at work?
2. Are they duly protected in Cameroon?
3. What are the challenges faced in the protection of the rights of women at work?
4. What policy recommendations can be made to address the problem?

1.4 Research Objective

This research has both general and specific objectives;

1.4.1    General Objective

To critically discuss the protection of the rights of women to work in Cameroon.

1.4.2    Specific Objectives

1. To discuss the rights of women at work.
2. To critically examine the international framework protecting the rights of women at work.
3. To examine the protection of the rights of women to work in Cameroon.
4. To assess the effectiveness of the protection of the rights of t women to work in Cameroon.
5. To discuss the challenges faced in the protection of women at work
6. To make policy recommendations that can address the problem.

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