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Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Equatorial Guinea (RATIFICATION: 2001)

Other comments on C111

Observation

Direct Request

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The Committee notes with deep concern that the Government’s report, due since 2009, has not been received. In light of the urgent appeal launched to the Government in 2020, the Committee proceeds with the examination of the application of the Convention on the basis of the information at its disposal.

Article 1(1)(a) of the Convention. Prohibited grounds of discrimination and sexual harassment. The Committee notes that section 1(3)(d) of the General Labour (Reforms) Act of 2012 includes the ground of “religion” under the prohibited grounds of discrimination. The Committee also notes, from the information available on the Government’s web page, that a preliminary draft of a General Labour Act that will amend the General Labour (Reforms) Act of 2012, section 46(m) of which provides for the prohibition of “any act of harassment or conduct that invades the privacy of a worker of either sex by the employer or any hierarchical superior”, such prohibition being directed at “any employer”. The Committee recalls that sexual harassment is a serious manifestation of sex discrimination and that the measures to prevent and prohibit sexual harassment at work should address both sexual harassment that is assimilated to blackmail (quid pro quo harassment) and hostile environment sexual harassment, and that without a clear definition and prohibition of both forms of sexual harassment, it remains doubtful whether the legislation effectively addresses all forms of sexual harassment (see 2012 General Survey on the fundamental Conventions, paragraphs 789 and 791). Equally, the Committee recalls that in its general observation of 2002, it requested Governments to provide information on the scope of liability for sexual harassment, that is, employers, supervisors and co-workers and, where possible, clients or other persons met in connection with performance of work duties. The Committee requests the Government to provide information on progress in the discussion and adoption of the draft Labour Code and, in particular, on the measures adopted to ensure that this draft defines and prohibits both sexual harassment that is assimilated to blackmail (quid pro quo harassment) and hostile environment sexual harassment whether perpetrated by the employer, supervisor, a co-worker or any other person met in connection with the performance of work duties.

Articles 1(1)(b) and 5. Other grounds of discrimination. Special measures. In its previous comment, the Committee requested the Government to provide information on the application in practice of section 1(3)(d) of the General Labour (Reforms) Act of 2012 and section 62 of the National Employment Policy Act, as amended by Act No. 6/1999 as it relates to older workers, young first-time jobseekers, and persons with disabilities. The Committee notes from the preliminary draft of the General Labour Act, that its section 2(6) makes no reference to facilitation of recruitment of older workers, first-time jobseekers and workers with disabilities, but refers more broadly to the adoption of measures to facilitate access to employment of more vulnerable groups. In this connection, the Committee recalls that under Article 1(1)(b) of the Convention, beyond the grounds for discrimination included under Article 1(1)(a) further grounds of discrimination may be specified, such as age or disability, after consultation with representative employers’ and workers’ organizations. The Committee requests the Government to provide information on which groups are considered to be included among the “most vulnerable social groups” and whether they include older workers, young, first-time jobseekers and persons with disabilities. The Committee also invites the Government to consider including age and disability among the grounds for discrimination prohibited in the draft Labour Code. The Committee once again requests the Government to provide information on the application in practice of section 62 of the National Employment Policy (Reforms) Act.

Articles 2 and 3. National policy to promote equality of opportunity and treatment. In its previous comments, the Committee requested the Government to indicate whether it has a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation. The Committee notes that the National Social and Economic Development Plan Horizon 2020, available on the Government’s web page, includes: (1) an affirmation that the implementation and strategic decisions taken under the Plan will respect the principle of no discrimination on the grounds of sex, race, colour, language, religion, political opinion, national and social origin, and (2) Part 5.1, which aims to promote productive employment among vulnerable groups such as the young, women and persons with disabilities. The Committee also observes that the United Nations Development Assistance Framework for Equatorial Guinea (UNDAF) 2019-2023, available on the United Nations web page, includes fair and inclusive education with gender equality (outcome 1.1); improved and equitable access to decent work opportunities, supported by policies to promote development, for the young, for women and for persons with disabilities (outcome 2.2); sustainable social protection to cover the needs of persons in a situation of vulnerability (outcome 1.2). The Committee notes from the 2020 Results Report for UNDAF 2019-2023 that 988 persons have benefited from technical and material support to enhance their occupational capacities and gain skills aligned with the requirements of the labour market. Moreover, the Committee observes that the Government, in its 2019 report under the national-level review of implementation of the Beijing Declaration and Platform for Action, 1995 (Beijing +25 national report), indicates that since implementation of the National Multisectoral Action Plan to Promote Women and Gender Equality (2005-2015), no further measures have been adopted, and that it is preparing the adoption of the National Plan for Strategic Multisectoral Action on Gender 2020-2024. The Committee requests the Government to provide information on the implementation of the National Social and Economic Development Plan Horizon 2020 and of the UNDAF 2019-2023 with a view to giving effect to the provisions of this Convention, including information disaggregated by sex on the number of beneficiaries, and measures taken to ensure follow-up and evaluation of the results. The Committee also requests the Government to provide information on progress in the adoption and implementation of the National Plan for Strategic Multisectoral Action on Gender 2020-2024.

General observation of 2018. The Committee wishes to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction, adopted in 2018. In this general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Moreover, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population. The Committee draws the Government’s attention to its general observation of 2018 and requests it to provide information in response to the issues raised in this observation.

Article 3(c). Education of pregnant girls. The Committee observes from the reports submitted by the Government in the framework of the Universal Periodic Review, that Ministerial Order No. 1 of 18 July 2017 prohibits pregnant girls from attending school. The same report indicates that in its 2017 report, the Office of the Ombudsman described the administrative provision as unconstitutional and recommended the adoption of other measures for the protection and education of pregnant girls (CCPR/C/GNQ/RQAR/1, paragraph 40, and A/HRC/WG.6/33/GNQ/1, paragraph 54). Recalling that each Member State for which this Convention is in force shall, in compliance with Article 3(c), repeal any statutory provisions which are inconsistent with equality of treatment and opportunity, the Committee requests the Government to provide information on whether Ministerial Order No. 1 of 18 July 2017 is still in force.

Article 4. Measures affecting individuals suspected of activities prejudicial to the security of the State. The Committee once again requests the Government to provide information concerning the practical application of Article 4 of the Convention, as well as specific information on the procedures establishing the right to appeal to a competent and independent body.

Statistics. The Committee requests the Government to provide statistical data disaggregated by sex, race, ethnic origin and religion on employment and vocational training, together with any other information that could enable the Committee to evaluate more fully the practical application of the Convention.