CMNT_TITLE

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Guinea (RATIFICATION: 1960)

Other comments on C111

Observation

Direct Request

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Articles 2 and 3 of the Convention. Formulation and implementation of a national equality policy. In its previous comment, the Committee requested the Government to provide information on any measures taken or envisaged to promote equality of opportunity and treatment in employment and occupation and to eliminate any discrimination on the basis of all the grounds listed in Article 1(1)(a) of the Convention. The Committee notes that in its report, the Government restricts itself to affirming the will of the President of Guinea to improve living and working conditions of women and young persons. The Committee recalls that the implementation of a national equality policy presupposes a range of specific measures, which generally consist of a combination of legislative and administrative measures, collective agreements, public policies, affirmative action measures, dispute resolution and enforcement mechanisms, specialized bodies, practical programmes and awareness raising (see 2012 General Survey on the fundamental Conventions, paragraph 848). In respect of anti-discrimination legislation, the Committee recalls that section 5 of the Labour Code prohibits discrimination on the basis of “sex, age, national extraction, race, religion, colour, political or religious beliefs, social origin, membership or not of a trade union, trade union activities and disability” – which goes beyond the list of grounds of discrimination set out in the Convention – while under section 3 of the same Code “The State ensures equality of opportunity and treatment of citizens in respect of access to occupational training and employment without regard to their origin, race, sex, religion or philosophy” – which is more restrictive that the Convention both in the grounds for discrimination and in the aspects of employment covered. To enhance the coherence and application of the legislation, the Committee requests the Government to take the measures necessary to align the scope of articles 3 and 5 of the Labour Code so that they cover the same grounds of discrimination and at least the seven grounds listed in the Convention – and all aspects of employment; that is, not only access to training and employment, but also employment conditions. The Committee further requests the Government to take the practical measures to promote equality both during recruitment and at work, for example by organizing activities to raise workers’ and employers’ and their organizations’ awareness of questions related to stereotypes and prejudices based on race, colour, religion, political opinion, national extraction or social origin and of ways of promoting and maintaining a working environment that favours equality of opportunity and treatment.

Article 2. Equality of opportunity and treatment for men and women in employment and occupation, including in respect of education and vocational training. With regard to the public sector, the Committee welcomes the Government’s indications concerning the “gender and equity units” and the “More young people and women in the administration” programme which, through training and awareness raising, have led to a higher number of women appointed to decision-making or high-ranking posts. It also notes the adoption in May 2019 of a law on parity, under which parity applies to any list of candidates in national and local elections, and also to elected offices within public institutions. With regard to the private sector, the Committee recalls that one of the objectives of the national gender policy is the promotion of gender equality in legal instruments and in access to and control of resources, the equitable sharing of income between men and women, and the strengthening of the entrepreneurial skills of men and women. However, the Government’s report contains no information in that respect, and the Committee notes that the United Nations Committee on Economic, Social and Cultural Rights observes in its concluding observations that “Women and girls continue to face discrimination in relation to access to land ownership, employment and education, […]” and expresses concern “at the high rates of unemployment and underemployment, which disproportionately affect women […]” (E/C.12/GIN/CO/1, 30 March 2020, paragraphs 20(a) and 24). The Committee requests the Government to continue providing information on: (i) measures taken to encourage women to apply for posts in the public service, including high-ranking posts, under the “More young people and women in the administration” programme, or in any other way; and (ii) the effect of the law on parity on the employment of women in elected offices in public institutions, in particular statistical data on the evolution of the numbers of women in those offices. Moreover, in view of the low levels of women in employment, and the disproportionate impact on employment of women of the current world health crisis, the Committee again requests the Government to take the measures necessary to provide diversified vocational training of good quality for women, allowing access to more qualified and better paid formal employment and, more generally, to encourage women’s wage- or self-employment in all sectors of the economy, and their access to productive resources such as land or credit.

Article 5. Special measures of protection. Restrictions on the employment of women. The Committee recalls that under section 231.5 of the Labour Code, the list of types of work prohibited for women or pregnant women or the special protection conditions from which they shall benefit in the performance of such work are to be established by ministerial order. That section also establishes “the prohibition of, or the application of specific protection measures to, types of work likely to harm the reproductive capacity of women”. The Committee notes the Government’s reply to its request, to the effect that Order No. 1392/MASE/DNTLS/90 of 15 May 1990 concerning the employment of women and pregnant women is still in force and that the Government will bring it into conformity with the provisions of the 2014 Labour Code. The Committee recalls that the principle of equality between men and women requires that measures of protection do not have the effect of excluding women from certain professions due to prejudices or stereotypes concerning their role, aptitudes and to what is “suitable to their nature”. The Committee underlines that, in its 2012 General Survey, provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health (General Survey on the fundamental Conventions, 2012, paragraph 840). The Committee also stresses that the list of types of work prohibited because they are likely to harm the reproductive capacity of women should be determined on the basis of the results of a study proving the presence of specific risks to the reproductive health of women and, as may be, of men. The Committee requests the Government to provide information on the revision of Order No. 1392/MASE/DNTLS/90 of 15 Mai 1990 concerning employment of women and of pregnant women. It also requests the Government to: (i) indicate the criteria used to revise or establish the list of types of work prohibited to women on the grounds of their danger to reproductive health; and (ii) consider the possibility of amending section 231.5 of the Labour Code so that the provisions relative to protection of reproductive health also include men’s reproductive health within their scope and do not constitute an obstacle to women’s access to certain professions or sectors.

Prohibition of night work of women. In the absence of a reply from the Government in this regard, the Committee once again invites the Government, in consultation with the social partners and in particular women workers, to review the prohibition of night work by women in the light of the principle of gender equality and technological developments, based on an examination of the supplementary measures that would be necessary to ensure that men and women have access to employment on an equal footing, including measures to improve health protection for men and women, appropriate means of transport and adequate safety measures, as well as social services and other measures to facilitate the balance between work and family responsibilities.