Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Articles 1 and 2 of the Convention. Legislation and national policy on equality of opportunity and treatment. The Committee notes that the Government continues to indicate in its report that there is no national policy on equality and that there is no discrimination in law or in practice since the Constitution and the General Labour Act prohibit discrimination by the employer on the grounds covered in the Convention. The Committee further notes in this context that the draft Uniform Labour Act of the Organization for the Harmonization of Business Law in Africa (OHADA) includes provisions promoting equality between men and women and prohibiting discrimination in accordance with the Convention. Noting that the draft Act is intended to have direct force of law in Guinea-Bissau once it is adopted, and that it will further strengthen the legal protection against discrimination in employment and occupation in Guinea-Bissau, the Committee looks forward to its adoption. Nevertheless, the Committee recalls that, while the affirmation of the principle of equality in legal provisions is an important element of a national policy to promote equality of opportunity and treatment in employment and occupation as required by Article 2 of the Convention, it is equally important to take measures to ensure that the Convention’s provisions are fully applied in practice. It is also concerned over statements to the effect that no discrimination exists in law and in practice, particularly when no other details are given on the content and methods of promoting and implementing the national policy or on the employment situation of women and men and members of other groups covered by the Convention. While aware of the economic difficulties facing the country, the Committee hopes that the Government will make every effort to take measures towards the adoption of a national policy on equality of opportunity and treatment and to give practical effect to the legislative prohibition against discrimination, and provide information on the progress made in its next report.

2. Sexual harassment. The Committee notes that there continues to be an absence of national legislation on sexual harassment. It also notes that sections 59 and 60 of the draft Uniform Labour Act of OHADA, defining and prohibiting sexual harassment in the workplace and protecting against victimization, would fill the existing gap in national legislation. Awaiting its adoption, the Committee requests the Government to provide information on any other measures taken or envisaged to address sexual harassment such as educational programmes for workers and employers in the public and private sectors.

3. Article 3. Educational awareness and promotion. The Committee notes that due to existing economic difficulties in the country, the educational programmes to raise awareness about rights relating to non-discrimination and equality had to be discontinued. Considering the value of such programmes to the implementation of the Convention, the Committee hopes that the Government will soon be in a position to resume these activities, and requests the Government to keep it informed in this regard.

4. National authorities. The Committee notes the information in the Government’s report concerning the current government structures responsible for promoting equality between men and women. Please provide information in future reports on the specific activities carried out by the relevant institutions to promote the application of the Convention.

5. Access to vocational training. The Committee notes the Government’s indication that according to data from the National Centre for Administrative Training (CENFI), an increasing number of women are enrolling in the various courses, though women generally prefer computer or secretarial courses or courses which they consider easier than those provided by CENFI. The Committee reminds the Government that measures to encourage greater access of women to vocational training should be free from considerations based on stereotypes that reserve particular courses or occupations to either men or women, thus leading to occupational segregation based on sex. The Committee requests the Government to indicate the measures taken or envisaged to encourage the access of girls and women to training courses in which they are under-represented so as to afford them a greater chance of entry into the labour market. It also invites the Government to consider what measures may be taken to inform girls and women of the wide range of training courses and occupations open to them.

6. Part III of the report form. Enforcement. The Committee notes the importance given by the Government to increasing the qualifications of labour inspectors and training new labour inspectors, including in areas such as discrimination and equality. It takes due note of the Government’s renewed request for ILO technical assistance in this domain, and encourages the Government to integrate such training activities in any future programmes to promote the application of the Convention in the country.

7. Part V. Practical application. The Committee notes that the data on the participation of women and men in the public sector will soon be available and hopes that these will be included in the Government’s next report. It further notes the Government’s renewed request for technical assistance from the ILO to support the staff assigned to the statistical department to overcome the difficulties that persist in collecting the relevant data. The Committee hopes that the Government, while awaiting such assistance, will nevertheless collect whatever information is available (reports, studies, surveys or otherwise) that could to some extent demonstrate how the Convention is being applied in practice.