Texts of pending comments

The Committee notes with deep concern that the Government’s report has not been received since 2006. In accordance with the urgent appeal made to the Government in 2019, the Committee is proceeding with the examination of the application of the Convention on the basis of the information available.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee welcomes the adoption of Act No. 1/2004 on the illicit trafficking of persons and migrants, which in section criminalizes trafficking in persons and provides for a penalty of 10 to 15 years of lesser imprisonment (reclusión menor) and a fine, as well as specific penalties in the event of the criminal liability of legal persons (section 7). The Committee notes that section 13 of Act No. 1/2004 provides that the victims of trafficking in persons shall receive medical, psychological and social care, as well as advice and information on their rights, and that they shall also be ensured adequate accommodation, food, medical care, access to education, training and job opportunities. In relation to prevention, section 14 of the Act provides that the relevant institutions shall develop policies, plans and programmes with a view to prevention and assisting the victims of trafficking in persons, while section 19 provides for the creation of an Interinstitutional Committee to Combat Trafficking in Migrants, Trafficking in Persons and the Exploitation of Children, with responsibility for coordinating action in this respect. According to a press release issued on 5 April 2019 and available on the official website of the Ministry of Foreign Affairs, the Ministry submitted to Parliament a Plan of Action to Combat Trafficking in Persons focussing, among other areas, on the prevention and detection of trafficking, assistance to victims and the prosecution of traffickers. Finally, the Committee notes that, in its concluding observations in 2019, the United Nations Human Rights Committee expressed concern at the extent of trafficking in women and the insufficient efforts being made by the Government to combat forced labour, including the situation of women subjected to domestic servitude (CCPR/C/GNQ/CO/1, paragraph 42).

The Committee takes due note of the measures adopted by the Government with a view to preventing and combating trafficking in persons and encourages the Government to intensify its effects to detect and punish situations of trafficking in persons, particularly women, for both sexual and labour exploitation. The Committee requests the Government to provide information on the number of judicial procedures initiated and the judicial decisions handed down under section 3 of Act No. 1/2004 on the illicit trafficking of persons and migrants, with an indication of the penalties imposed on the perpetrators. The Committee also requests the Government to provide detailed information on the action taken by the Interinstitutional Committee to Combat the Illicit Trafficking of Migrants, the Trafficking of Persons and the Exploitation of Children and the other actors concerned. Finally, the Committee requests the Government to indicate whether the Plan of Action to Combat Trafficking in Persons has been adopted and, if so, to indicate the measures adopted within the context of the Plan for prevention and the protection of victims.

Article 2(2)(a). Compulsory military service. The Committee notes that section 16(2) of the Fundamental Law of Equatorial Guinea provides that military service is compulsory and shall be regulated by law. The Committee requests the Government to indicate whether laws and regulations have been adopted regulating military service and to provide information on the duration of compulsory military service and the types of work required of conscripts, with an indication of whether these include types of work of a non-military nature.

Article 2(2)(b). Normal civic obligations. In its previous comments, the Committee noted section 3 of the General Labour Regulations, under the terms of which no one may be constrained to work, without prejudice to the social duty of persons to contribute through their own efforts to the performance of normal civic work. The Committee notes that section 1(3)(c) of Act No. 10/2012 reforming the General Labour Regulations reaffirms this principle. The Committee therefore once again requests the Government to provide examples of the types of normal civic work that can be required from the population under section 1(3)(c) of Act No. 10/2012 reforming the General Labour Regulations.

Article 2(2)(c). Prison work. The Committee notes that section 100 of the Spanish Penal Code of 1963, which is in force in Equatorial Guinea, provides that a penalty can be redeemed through work once the respective conviction is definitive in the case of prisoners convicted to sentences of detention and imprisonment with or without forced labour. The prisoner shall be awarded, in serving the penalty handed down, one day for each two days of work. The Committee requests the Government to indicate whether in practice there are prisoners who, under the terms of section 100 of the Spanish Penal Code of 1963, which is in force in Equatorial Guinea, are performing work to redeem their sentences. If so, the Committee requests the Government to specify whether such prisoners are performing work for private individuals or entities.

Article 2(2)(d). Work or service in cases of emergency. The Committee notes that, under the terms of section 11(2) of Act No. 4/2010 on prevention and civil protection in Equatorial Guinea, in cases of risk, catastrophe or public calamity, all residents in the national territory shall be required to perform the national services exacted by the competent authority without entitlement to payment for such service. The Committee recalls that, in cases of emergency, the duration and extent of compulsory labour or service, as well as the purpose for which it is used, should be limited to what is strictly required by the exigencies of the situation (2012 General Survey on the fundamental Conventions, paragraph 280). The Committee therefore requests the Government to indicate whether, in practice, the residents of the territory of Equatorial Guinea have been called upon to perform national services under section 11(2) of Act No. 4/2010 on prevention and civil protection in Equatorial Guinea. If so, the Committee requests the Government to provide information on the nature of such services and the circumstances leading to their imposition.

Article 2(2)(e). Minor communal services. The Committee noted previously that section 3 of the General Labour Regulations (now section 1(3)(c) of Act No. 10/2012 reforming the General Labour Regulations) provides that freedom of labour shall be subject to no restrictions other than minor communal services freely determined by the community. The Committee recalls that the exception envisaged in Article 2(2)(e) of the Convention in relation to the performance of minor communal services is subject to the following criteria: the services must be “minor services”, that is to say they relate primarily to maintenance work; they must be “communal services”, performed in the direct interest of the community, and not relate to the execution of works intended to benefit a wider group; and the “members of the community” (that is the community which has to perform the services) or their direct representatives must have the right to be consulted in regard to the need for such services (2012 General Survey on the fundamental Conventions, paragraph 281). The Committee requests the Government to indicate whether, in practice, communities have decided to organize the performance of minor communal services under the terms of section 1(3)(c) of Act No. 10/2012 reforming the General Labour Regulations and, if so, it requests the Government to specify the nature of the services required and their duration.

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on working time, the Committee considers it appropriate to examine Conventions Nos 1 (hours of work in commerce and offices), 14 (weekly rest in industry) and 30 (hours of rest in commerce and offices) together.

The Committee notes with deep concern that the Government’s report, due since 2008, has not been received. In the light of its urgent appeals launched to the Government in 2019 and 2020, the Committee proceeds with the examination of the application of the Conventions on the basis of the information at its disposal.

Legislative developments. The Committee notes that, according to the information available on the Government’s official website, in October 2021 the full Senate approved the final text of the draft General Labour Act. The Committee requests the Government to provide information on the development of the situation in this regard and to provide a copy of the new General Labour Act, once adopted, as well as any relevant legislative or other information relating to the application of the Conventions.

[The Government is asked to reply in full to the present comments in 2022.]

The Committee notes with deep concern that the Government’s report, due since 2007, has not been received. In light of its urgent appeal launched to the Government in 2020, the Committee proceeds with the examination of the application of the Convention on the basis of whatever information is at its disposal. The Committee recalls that it has been raising issues concerning the observance of the Convention in an observation. It has formulated longstanding recommendations to bring the Labour legislation into conformity with the Convention concerning limitations that unduly restrict the right of workers to organize and to formulate their programmes, including the right to establish enterprise trade unions, the right to strike and the determination of essential services, as well as the refusal to recognize in practice a number of workers’ organizations by rejecting their registration requests. Not having at its disposal any indication of progress on these pending matters, despite the technical assistance that the Office provided to the country on several occasions, the Committee refers to its previous observation adopted in 2020 and urges the Government to provide a full reply thereto.

[The Government is asked to reply in full to the present comments in 2022.]

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2022, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

The Committee emphasizes the particular importance of the first report, which provides the basis for the initial assessment of the implementation of the Convention both in law and in practice. The Committee is aware that, where no report has been sent for some time, it is likely that administrative or other problems are at the origin of the difficulties encountered by the Government in fulfilling its constitutional obligations. In such cases, it is important for governments to request technical assistance from the Office and for such assistance to be provided rapidly. The Committee requests the Government to adopt the necessary measures to implement the Conventions without delay and to submit the requested first reports for its examination at its next session. The Committee reminds the Government that it may avail itself of the technical assistance of the Office.

The Committee notes with deep concern that the Government’s report, due since 2007, has not been received. In the light of its urgent appeal to the Government in 2020, the Committee is proceeding with the examination of the application of the Convention on the basis of the information at its disposal. The Committee recalls that it previously raised questions about compliance with the Convention in an observation. Having noted the allegations of the International Trade Union Confederation (ITUC) concerning the refusal of the authorities to recognize a number of trade unions, the Committee recalled that the existence of trade unions established freely by workers is a prerequisite for the application of the Convention. The Committee also made recommendations to bring the labour legislation into conformity with the Convention, in particular with regard to the right to organize and to collective bargaining of workers in the public administration, and requested the Government to provide detailed information on the application of the Convention to public servants not engaged in the administration of the State. In the absence of any indication of progress on these pending issues, despite the technical assistance the Office has provided to the country on several occasions, the Committee refers to its previous observation adopted in 2020 and urges the Government to reply in full to these comments.

[The Government is asked to reply in full to the present comments in 2022].

Articles 1 to 4 of the Convention. Gender pay gap and occupational segregation. In its previous comment, the Committee recalled that wage discrimination between men and women often arises from the concentration and segregation of women in a limited number of occupations and economic sectors, and requested the Government to provide information on progress made in implementing measures to address vertical and horizontal occupational segregation. The Committee notes that strategic objective 5 “Decent work and social inclusion of vulnerable groups” of the National Plan for Economic and Social Development 2016–2020 (“Plan Horizonte 2020”) provides for the adoption of measures to promote productive employment and entrepreneurship of women, including equal access to resources, the elimination of occupational segregation and other forms of discrimination in employment. The Committee also observes that the United Nations Development Assistance Framework for Equatorial Guinea (UNDAF 2019–2023) includes, under its section 3, outcome 2.2 regarding equitable access to employment opportunities for vulnerable groups. However, the Committee also notes that, in its concluding observations, the United Nations Human Rights Committee expressed its concern at the persistence of traditional gender stereotypes regarding the roles of women and men in the family and in society and at the low level of women’s representation in political and public life (CCPR/C/GNQ/CO/1, 22 August 2019, paragraphs 28 and 29). The Committee requests the Government to provide information on the measures adopted in the framework of the “Plan Horizonte 2020” and UNDAF 2019 – 2023 to address the causes of the gender wage gap, including occupational segregation and gender stereotypes, and on the results achieved.

Articles 2 and 3. Determining rates of remuneration. In its previous comments, the Committee requested the Government to provide information on the manner in which it ensured that no sex-stereotypes regarding the value of particular jobs are introduced in the determination of coefficients and job descriptions. In this regard, the Committee recalls that historical attitudes towards the role of women in society, along with stereotypical assumptions regarding women’s aspirations, preferences and capabilities and “suitability” for certain jobs, have resulted in the undervaluation of “female jobs” in comparison with those of men when determining wage rates. Therefore, whatever methods are used for the objective evaluation of jobs, particular care must be taken to ensure that they are free from gender bias: it is important to ensure that the selection of factors for comparison, the weighting of such factors and the actual comparison carried out are not discriminatory, either directly or indirectly. Often skills considered to be “female”, such as manual dexterity and those required in the caring professions, are undervalued or even overlooked, in comparison with traditionally “male” skills, such as heavy lifting (see General Survey on the fundamental Conventions, 2012, paragraphs 697 and 701). The Committee requests the Government to provide information on the measures taken or envisaged to ensure that, in determining wages, wage scales and job descriptions, objective criteria are applied, free from gender stereotyping.

Article 4. Cooperation with employers’ and workers’ organizations. The Committee requests the Government to provide information on the measures adopted to collaborate with the social partners in implementing the principle of the Convention, including measures regarding consultations carried out in the consultative wage councils.

Enforcement. The Committee notes the Government’s indication in its 2019 Universal Periodic Review report that: (1) monitoring and follow-up are ensured both by the Ministry of Labour and by the National Social Security Institute in respect of equal remuneration; (2) violations of equality at work are penalized as a breach by the employer; and (3) in 2015 the Commission for the Implementation and Monitoring of National Employment Policy, holding joint responsibility with the decentralized employment offices for monitoring compliance with equality policies, was established. The Committee requests the Government to provide information on the measures adopted by the Commission for the Implementation and Monitoring of the National Employment Policy to ensure compliance with equality measures and policies pertinent to the application of the principle of the Convention. The Committee also requests the Government to provide information on all concrete cases detected of violations of the principle of equal pay for men and women for work of equal value, the penalties imposed and remedies granted.

Statistics. The Committee recalls that the collection and analysis of statistics is an important aspect of monitoring implementation of the Convention. In order to be able to address discrimination and unequal pay appropriately, and to determine if measures taken are having a positive impact, data and research on the actual situation, including the underlying causes, are essential (General Survey, 2012, paragraph 869). The Committee once again requests the Government to provide up-to-date statistical information on the distribution of men and women in the various wage levels and occupational categories in both the public and private sectors, in order to permit an evaluation of the progress made in the application of the Convention.

The Committee notes with deep concern that the Government’s report, which has been due since 2008, has not been received. In view of the urgent appeal made to the Government in 2019, the Committee will proceed with the examination of the application of the Convention on the basis of the information available to it.

Article 6 of the Convention. Dismissal during maternity leave. Public officials. With reference to its previous comments, the Committee observes that, in the same way as the earlier provisions, new Act No. 2/2014 on State public officials, in sections 111 et seq., provides for the possibility of the dismissal of women workers for gross misconduct following the appropriate disciplinary procedure. The Committee recalls that Article 6 of the Convention provides that it shall not be lawful for an employer to give a woman notice of dismissal during maternity leave, including any prenatal or post-natal leave to which she is entitled, or to give her notice of dismissal at such a time that the notice would expire during such absence. The Committee urges the Government to provide information on the measures which ensure that effect is given to Article 6 of the Convention and which establish a formal prohibition on giving a public official her notice of dismissal during her absence on maternity leave, or at a time such that the notice would expire during her absence.

The Committee has been informed that, based on the recommendations of the Standards Review Mechanism Tripartite Working Group (SRM Tripartite Working Group), the Governing Body has decided that Member States for which Convention No. 103 is in force should be encouraged to ratify the more recent Maternity Protection Convention, 2000 (No. 183) (see GB.328/LILS/2/1). Convention No. 183 sets out the more modern approach to maternity protection. The Committee therefore encourages the Government to follow up the Governing Body’s decision at its 328th Session (October–November 2016) approving the recommendations of the SRM Tripartite Working Group and to consider ratifying Convention No. 183 as the most up-to-date instrument in this subject area.

The Committee notes with deep concern that the Government’s report has not been received since 2006. In accordance with the urgent appeal made to the Government in 2019, the Committee is proceeding with the examination of the application of the Convention on the basis of the information available.

Impact of compulsory prison labour on the application of the Convention. In its previous comments, the Committee requested the Government to provide information on the penal legislation, including in relation to the execution of sentences and the penitentiary system, and to indicate whether prison labour is compulsory for convicts. In this regard, the Committee notes that, in accordance with section 100 of the Spanish Penal Code of 1963, which is in force in Equatorial Guinea, prison work is voluntary as a means for convicts to redeem their sentences. The Committee notes that in its 2019 response to the list of issues raised by the United Nations Human Rights Committee, the Government indicates that the Ministry of Justice, Religion and Prisons has established a National Codification Commission to undertake the necessary action for the development of a new criminal code and a code of criminal procedure (CCPR/C/GNQ/Q/Add.1, paragraph 11). In this context, the Committee requests the Government to indicate whether the provisions of section 100 of the Penal Code of 1963 continue to be in force, to provide information on the legislative framework governing prison labour and to confirm that, in practice, persons convicted to prison sentences or other types of penalties are not subject to forced labour.

The Committee also draws the Government’s attention to the fact that penal sanctions that involve forced labour, including compulsory prison labour and sentences involving work of general interest, fall within the scope of the application of the Convention when they are imposed as a punishment for persons who have expressed political views or views opposed to the established political, social or economic system, or who have participated in strikes. The Committee hopes that, in the context of the process of reforming the national criminal legislation, the obligations derived from the Convention will be taken into account.

Article 1(c). Disciplinary sanctions applicable to seafarers. The Committee requests the Government to provide information on the legislation applicable to the disciplinary system for seafarers so that it can examine its compatibility with the Convention.

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.

The Committee notes with deep concern that the Government’s report has not been received since 2000. In light of its urgent appeal to the Government in 2019, the Committee will proceed with the examination of the application of the Convention on the basis of the information at its disposal.

Article 1 of the Convention. National policy for the effective abolition of child labour. The Committee notes the adoption of Decree 69/2021 containing the Sustainable Development Strategy “Equatorial Guinea Agenda 2035”. The strategic components of the strategy include the elimination of poverty, social inclusion and lasting peace. Moreover, it establishes the Equatorial Guinea Observatory 2035 as the primary body for ensuring the participation and consultation of the public authorities, local governments, civil society, economic and social partners, the private sector and United Nations agencies. Recalling that poverty is one of the fundamental causes of child labour, the Committee requests the Government to indicate whether, in the context of the Equatorial Guinea Agenda 2035, economic and social measures aimed at the progressive abolition of child labour have been adopted and, if so, to send information on these measures.

Article 2(1) of the Convention. Minimum age for admission to employment. Scope of application. In its previous comments, the Committee noted that Equatorial Guinea, at the time of ratifying the Convention, declared 14 years as the minimum age for admission to employment or work. It also noted the Government’s indication that work in the informal sector and in small family undertakings should be excluded from the application of the Convention. In this regard, the Committee recalled that, at the time of ratification, the Government did not send any attached declaration, pursuant to Article 5, indicating certain branches of economic activity or types of undertakings which were excluded from the scope of application of the Convention. The Committee also recalled that the Government, in its first report, also did not make use of the possibility envisaged in Article 4 to exclude limited categories of employment or work from the application of the Convention. The Committee notes the adoption of Act No. 10/2012 on the reform of the General Labour Code, section 2 of which regulates personal work for and under the supervision of an employer. Section 11(1) of the aforementioned Act provides that no person under 18 years of age may be admitted to employment or work in any occupation. The Committee also notes that section 4(5) excludes from the scope of the Act any work done by the spouse, siblings or descendants of the employer in exclusively family undertakings which occupy at least five persons, including the head of the family. The Committee requests the Government to take appropriate measures to ensure that children who work for exclusively family undertakings enjoy the protection afforded by the Convention.

Article 2(3). Age of completion of compulsory schooling. The Committee notes that Act No. 5/2007 amending Act No. 14/1995 reforming the Decree-Law on general education in Equatorial Guinea provides, in section 3, that education shall be compulsory for all citizens of Equatorial Guinea until the end of primary school and that foreign residents shall also have the right to primary education. Under section 16.2 of Act No. 5/2007, the primary level shall comprise six years of study, normally followed between six and 12 years of age. The Committee recalls the importance of adopting legislation providing for compulsory education up to the minimum age for admission to employment or work, because where there are no legal requirements establishing compulsory schooling, there is a greater likelihood that children under the minimum age will be engaged in child labour (2012 General Survey on the fundamental Conventions, paragraph 369). The Committee therefore encourages the Government to take the necessary steps to raise the minimum age for the completion of compulsory schooling to at least the minimum age for admission to employment or work declared by Equatorial Guinea, namely 14 years of age.

Article 3(1) and (2). Age for admission to hazardous work; determination of types of hazardous work. In its previous comments, the Committee noted that section 11(4) of the General Labour Act No. 2/1990 fixed the minimum age for admission to work which is hazardous to health at 16 years.

The Committee notes that the aforementioned Act was repealed through the adoption of Act No. 10/2012 on the reform of the General Labour Code, section 11(1) of which fixed the minimum age for admission to any type of employment as 18 years. The Committee notes the preliminary draft of the General Labour Act, the text of which is available on the website of the Ministry of Labour, Employment Promotion and Social Security. While reiterating its concern at the absence of a Government report, the Committee takes due note that section 38(3) of the preliminary draft contains a non-exhaustive list of types of work which are considered dangerous and are prohibited for persons under 18 years of age. The list includes: types of work done in an unhealthy environment in which young persons (minors) are exposed to dangerous substances, agents or processes, or to temperatures, noise levels or vibrations which are harmful to health; work in the mining and hydrocarbon sector; work done in establishments where entry is prohibited for young persons; work carried out in the form of whole working days; night work or shift work which prevent school attendance or training; loading or unloading of packages, bundles and sacks which exceed 50 per cent of the maximum weight permitted for adult workers; street vending; work in construction or in other industries which is performed underground or under water, at dangerous heights or in enclosed spaces; and any other type of work which involves particularly difficult conditions for young persons and which, in the view of the labour administration, can be harmful to them. The Committee encourages the Government to take the necessary steps to adopt the list of hazardous types of work without delay, in consultation with the workers’ and employers’ organizations concerned.

Article 6. Apprenticeship. . In its previous comments, the Committee noted the Government’s indication that the minimum age for admission to training was 13 years, and it asked the Government to provide information on the measures taken to raise this age to 14 years to be in conformity with Article 6 of the Convention. The Committee notes that, under section 12 of Act No. 10/2012 on the reform of the General Labour Code, employers may hire students for placements or training of up to six months with the obligation of providing practical instruction in an occupation and the possibility of using their work, provided that the work is done under the conditions prescribed by the Ministry of Labour and Social Security, after consultation of the employers’ and workers’ organizations concerned, and is an integral part of a course of instruction or training for which a school or training institution is primarily responsible, a programme of training mainly or entirely in an undertaking which has been approved by the competent authority, or a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. The Committee once again requests the Government to take the necessary steps to ensure that the national legislation establishes 14 years as the minimum age for work done as part of apprenticeship , in accordance with Article 6 of the Convention. The Committee also requests the Government to provide information on the regulations adopted by the Ministry of Labour and Social Security regarding work done as part of apprenticeship , in accordance with section 12 of Act No. 10/2012 on the reform of the General Labour Code.

Article 7. Light work. The Committee notes that, under section 11(2) of Act No. 10/2012 on the reform of the General Labour Code, persons who have reached the age of 16 years may carry out light work, after authorization by the Ministry of Labour and Social Security, provided that such work is not likely to harm their health or development, their school attendance, their participation in programmes of vocational guidance or training approved by the competent authorities or the instruction that they receive. The Committee recalls that, under Article 7(3) of the Convention, the competent authority shall determine the activities in which employment in light work may be permitted and shall prescribe the number of hours during which and the conditions in which such work may be performed. In this regard, the Committee requests the Government to take the necessary steps to adopt a list of types of light work permitted under section 11 of Act No. 10/2012 on the reform of the General Labour Code, and also to indicate the number of hours during which and the conditions in which such work may be performed.

Article 8. Artistic performances. The Committee requests the Government to indicate whether, in practice, boys and girls under 14 years of age participate in artistic performances. If so, the Committee requests the Government to indicate the measures taken or envisaged for the granting of individual permits authorizing the participation of boys and girls in such activities.

Article 9(1). Penalties. The Committee notes that section 100(3) of Act No. 10/2012 on the reform of the General Labour Code establishes a fine of 10 to 20 monthly minimum wage equivalents for any employer who employs young persons under 18 years of age in unhealthy or dangerous work or in night work, without prejudice to the economic responsibility for injury caused to the worker. In addition, section 100(4) of the above-mentioned Act provides that any employer who hires persons under the age of 16 years in violation of the law shall be liable to a fine of 15 monthly minimum wage equivalents for every young person hired. The Committee requests the Government to provide information on the application in practice of sections 100(3) and (4) of Act No. 10/2012 on the reform of the General Labour Code, indicating the types of violations detected and the penalties imposed.

Article 9(3). Keeping of registers. In its previous comments, the Committee asked the Government to take steps to impose an obligation on employers to keep registers indicating the names and ages or dates of birth of employees under 18 years of age. The Committee notes that, under section 24 of Act No. 10/2012 on the reform of the General Labour Code, employers must send information to the authorities every four months on the numbers and names of their workers, with an indication of the jobs that they perform. However, the Committee observes that this legal provision does not oblige employers to keep registers indicating the ages or dates of birth, duly certified wherever possible, of all employees under 18 years of age, in accordance with Article 9(3) of the Convention. The Committee therefore urges the Government to take the necessary steps to ensure that employers keep a record of their employees under the age of 18 years which meets the requirements of Article 9(3) of the Convention.

Labour inspection and application of the Convention in practice. The Committee requests the Government to provide detailed information on the manner in which the Convention is applied in practice, including up-to-date statistics on the employment of children and young persons, extracts from inspection reports and information on the number and nature of violations detected.

The Committee notes with deep concern that the Government’s report has not been received since 2007. In accordance with the urgent appeal made to the Government in 2019, the Committee is proceeding with the examination of the application of the Convention on the basis of the information available.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. In its previous comments, the Committee noted Act No. 1/2004 on the illicit trafficking of persons and migrants, section 3 of which criminalizes the trafficking of persons for sexual and labour exploitation, and establishes penalties of imprisonment (from 10 to 15 years of lesser imprisonment – reclusión menor) for the perpetrators. It noted that, under section 10(c) of the Act, committing the crime of trafficking in persons in respect of persons under 18 years of age is an aggravating factor which adds five more years of imprisonment in addition to the main penalty. The Committee notes that the Human Rights Committee, in its concluding observations on Equatorial Guinea of 2019, expressed concern at the extent of the trafficking of boys and girls for economic and sexual exploitation (CCPR/C/GNQ/CO/1, paragraph 42). The Committee urges the Government to take the necessary measures to ensure that thorough investigations and prosecutions are carried out against persons engaged in the trafficking of boys and girls for economic and sexual exploitation. The Committee requests the Government in this respect to provide information on the number and nature of the violations relating to the trafficking of persons under 18 years of age that are penalized under section 1 of Act No. 1/2004 on the illicit trafficking of persons and migrants, including information on the number of persons convicted and the penalties handed down.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. 1. Prostitution. The Committee notes that, under the terms of section 452bis(b)(1) of the Spanish Penal Code, as amended in 1963, which is in force in Equatorial Guinea, anyone who promotes or facilitates the prostitution of a person under 23 years of age shall be liable to a sentence of lesser imprisonment. In accordance with section 30 of the Penal Code, lesser imprisonment consists of between six months and one day and six years of imprisonment. It also notes that section 452bis(e) of the Penal Code provides that anyone with a young person under their authority who comes to know of the latter’s prostitution and does not take action to prevent the continuation of the situation, and who does not warn or place that person at the disposal of the authorities, shall be liable to greater arrest (arresto mayor). Under the terms of section 30 of the Penal Code, greater arrest consists of between one month and one day and six months of detention. The Committee requests the Government to provide information on the effect given in practice to sections 452bis(b)1 and 452bis(c) of the Spanish Penal Code, as amended in 1963, which is in force in Equatorial Guinea, in relation to cases in which the victims are under 18 years of age, including information on the number of violations detected, the persons convicted and the penalties imposed.

2. Pornography. In its previous comments, the Committee noted the absence of provisions in the national legislation prohibiting the use, procuring or offering of children for the production of pornography or for pornographic performances, and it requested the Government to provide information on the measures adopted to prohibit and punish this practice In view of the absence of information on the adoption of national legislation in this respect, the Committee urges the Government to take the necessary measures to prohibit and punish the use, procuring or offering of children for the production of pornography or for pornographic performances.

Clause (c). Use, procuring or offering of a child for illicit activities. In its previous comments, the Committee requested the Government to take measures to prohibit the use, procuring or offering of a child for illicit activities. In view of the absence of information on the national legislation that prohibits and punishes the perpetrators of this form of child labour, the Committee urges the Government to take the necessary measures to prohibit the use, procuring or offering of children under 18 years of age for illicit activities, in particular for the production and trafficking of drugs.

Clause (d) and Article 4(1). Determination of types of hazardous work. With regard to the adoption of a list of hazardous types of work, the Committee refers to its detailed comments under the Minimum Age Convention, 1973 (No. 138).

Article 5. Monitoring mechanisms. In its previous comments, the Committee noted that section 19 of Act No. 1/2004 on the illicit trafficking of persons and migrants provides for the creation, under the Ministry of Justice, Religion and Prisons, of an Interinstitutional Committee to Combat the Illicit Trafficking of Migrants, the Trafficking of Persons and the Exploitation of Children as an advisory body to the Government with responsibility for coordinating the action undertaken by the State to combat the trafficking, exploitation and sexual abuse of women, girls and boys. The Committee once again requests the Government to provide information on the action taken by the Interinstitutional Committee to Combat the Illicit Trafficking of Migrants, the Trafficking of Persons and the Exploitation of Children to combat the worst forms of child labour. The Committee also requests the Government to indicate whether other mechanisms exist to ensure the application of the provisions of the Convention and, if so, to provide information on their areas of competence and methods of work.

Article 6. Programmes of action. In its previous comments, the Committee requested the Government to provide information on the programmes of action implemented with a view to the elimination of the worst forms of child labour. The Committee requests the Government to take the necessary measures to design and implement programmes of action to eliminate as a priority the worst forms of child labour, in consultation with relevant government institutions and employers’ and workers’ organizations, taking into consideration the views of other concerned groups as appropriate.

Article 7(1). Penalties. The Committee notes that section 4 of Act No. 1/2004 on the illicit trafficking of persons and migrants provides that the use of boys and girls by their parents for the ambulant sale of goods and other work during school hours and at night is punishable by a sentence of between one month and one year of lesser imprisonment and a fine. Section 5 of the Act provides for the same penalty for any person who employs, offers or allows a minor to undertake work on their own account or for others in formal or informal trading. The Committee requests the Government to provide information on the effect given in practice to sections 4 and 5 of Act No. 1/2004 on the illicit trafficking of persons and migrants, including indications of the number and nature of the violations detected, and the penalties handed down.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. In its previous comments, the Committee requested the Government to provide information on the policies, plans and programmes to prevent and assist child victims of trafficking in persons adopted under section 14 of Act no. 1/2004 on the illicit trafficking of persons and migrants. In view of the absence of information in this regard, the Committee urges the Government to adopt without delay effective and time-bound measures to prevent children becoming victims of the worst forms of child labour.

Clause (b). Removing children from the worst forms of child labour and providing for their rehabilitation and social integration. The Committee previously noted that section 13 of Act no. 1/2004 on the illicit trafficking of persons and migrants provides that boys, girls and young persons who are victims of trafficking in persons may receive psychological and other assistance required for their protection taking into account their age and sex. The Committee requests the Government to provide information on the measures adopted to remove children from the worst forms of child labour and provide for their effective rehabilitation and social integration, including the assistance measures adopted under section 13 of Act No. 1/2004 on the illicit trafficking of persons and migrants.

Clause (c). Access to free basic education. The Committee notes that, according to the Statistical Yearbook of Infant, Pre-school, Primary and Secondary Education and Technical Vocational Education, School Year 2018-18, published by the Ministry of Education, University Teaching and Sport, during the period 2018-19, the percentage of children enrolled for primary education (from 7 to 12 years of age) was 51.1 per cent for boys and 48.9 per cent for girls (page 65). The Committee also notes that, according to the Statistical Yearbook, at the national level, 74 of every 100 primary schools lack drinking water and 63.9 per cent do not have access to electricity (pages 107 and 109). The Committee recalls that access to free basic education is essential both to prevent the engagement of children in the worst forms of child labour and to contribute to the rehabilitation and social integration of children removed from these occupations. The Committee therefore requests the Government to take the necessary measures to improve the access of boys and girls to free basic education, including measures to improve the infrastructure of the education system. The Committee also requests the Government to provide updated information on the rates of school enrolment, attendance and completion at the primary and secondary levels, and on school drop-out rates.

Clause (d). Children at special risk. 1. Child HIV/AIDS orphans and other vulnerable children. In its previous comments, the Committee noted the rise in the number of children who had lost their parents as a result of HIV/AIDS and requested the Government to provide information on the specific time-bound measures taken to prevent child HIV/AIDS orphans from being engaged in the worst forms of child labour. The Committee notes that, according to UNAIDS information, in 2020, the number of child HIV/AIDS orphans between 0 and 17 years of age was estimated to be 26,000. The Committee once again requests the Government to take effective and time-bound measures to prevent child HIV/AIDS orphans from becoming victims of the worst forms of child labour.

2. Street children. In its previous comments, the Committee noted the presence in the streets of many children working as ambulant vendors, many of them of foreign nationality, and it requested the Government to take the necessary measures to protect street children from the worst forms of child labour. The Committee urges the Government to take effective and time-bound measures to prevent street children from becoming victims of the worst forms of child labour.

Clause (e). Special situation of girls. In its previous comments, the Committee noted the existence of girls engaged in domestic work and requested the Government to provide information on the measures taken to provide them with care and to protect them from the worst forms of child labour. The Committee requests the Government to indicate whether girls continue to be engaged in domestic work in the country and, if so, to indicate the measures adopted to prevent girls under 18 years of age from being victims of the worst forms of child labour.

Article 8. International cooperation. The Committee noted previously that Equatorial Guinea is a member of INTERPOL, which has an office in Malabo. It also noted that section 16 of Act No. 1/2004 on the illicit trafficking of persons and migrants envisages the possibility of having recourse to international cooperation with a view to developing policies and programmes to prevent and combat trafficking in persons. The Committee requests the Government to indicate the international cooperation activities with other countries or international organizations, including INTERPOL, in the field of action to combat trafficking in persons under 18 years of age for economic or sexual exploitation. The Committee also requests the Government to provide information on any other programme of international cooperation intended to reduce poverty and combat the worst forms of child labour.

The Committee encourages the Government to have recourse to ILO technical assistance to bring its law and practice into conformity with the Convention.

Comments adopted by the CEACR: Equatorial Guinea

ADOPTED_BY_THE_CEACR_IN 2021

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