Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes 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:

Article 1, paragraph 1(a), of the Convention. Prohibited grounds of discrimination. The Committee notes that article 8 of the Constitution prohibits discrimination on the basis of origin, social or material situation, racial, ethnic or departmental belonging, sex, education, language, religion, philosophy or place of residence. It also notes that the Labour Code prohibits unequal remuneration on the basis of origin, sex, age or status (section 80), and forbids abusive dismissals based on a worker’s opinion, union activity, membership or non-membership in a political, religious or philosophical group, or in a specific union (section 42). The Committee further notes that the General Public Service Statute outlaws sex discrimination in the application of its provisions and that an individual’s family situation cannot be used discriminatorily against someone seeking employment in the public service (sections 200 and 201). The Committee notes that the ground of colour is not covered by the instruments above and that it is unclear whether national extraction is covered by the term “origin” in the sense of article 8 of the Constitution. The Committee asks the Government to indicate how the Convention is applied in law and in practice with respect to the grounds of colour and national extraction. The Committee would also be grateful if the Government could indicate the specific manner in which workers can rely on the Constitution in practice for protection against discrimination in employment and occupation. Noting that the Convention, by virtue of its ratification, is an integral part of national law (article 184 of the Constitution), the Committee would also appreciate receiving information on how the competent authorities and courts have relied on its provisions.

Discrimination on the basis of sex. Sexual harassment. Further to its 2002 general observation, the Committee asks the Government to provide information in its next report on any measures taken or envisaged to prohibit and prevent sexual harassment in employment and occupation.

Articles 2 and 3. National policy to promote equality of opportunity and treatment. Recalling the importance of formulating, updating and putting into practice a national policy on equality that addresses all the grounds covered by the Convention, the Committee asks the Government to provide information in its next report on the measures taken to promote and ensure equal opportunity and treatment in employment and occupation in relation to all the grounds covered by the Convention, including in areas referred to in Article 3.

Equality of opportunity and treatment of men and women. The Committee notes that the report submitted by the Government under the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) in 2002 refers to a number of initiatives adopted to promote the advancement of women in the country (CEDAW/C/COG/1-5 of 8 April 2002). It notes in particular a policy document adopted by the Government on 15 September 1999, which governs all the decisions to be taken in the field of the advancement of women at the national level including strategies on employment in the formal and informal sector as well as on education. In this regard, the Committee notes that, according to government statistics on the participation in education and training programmes, male students often vastly outnumber their female counterparts and that grants awarded to students in a variety of studies also predominantly favour men. It also notes the accompanying plan of action for 2000–02 including subprogrammes on the rights of women, women’s access to decision-making and women’s access to income. The Committee requests the Government to provide more details about the content, implementation and outcomes of this policy and plan of action and asks whether these have been updated with new initiatives in respect of discrimination in employment and occupation. The Government is also asked to indicate what measures it has taken or plans to take to address the imbalance between men and women in vocational training and to ensure that access to education and training is available without discrimination.

Discrimination on the basis of ethnic origin. The Committee acknowledges the multi-ethnic character of the country and notes the information provided by the Government concerning the “Négrilles” minority. It notes with some concern the Government’s statement that the “sedentariness” of the “Négrilles” prevents employers from assigning them important tasks. The Committee notes the Government’s explanation that this is a result of the discretion exercised by employers rather than any legal or regulatory provision. Nonetheless, it reminds the Government that stereotypes with respect to the nature and working behaviour of people with certain ethnic backgrounds may result in discrimination in practice. The Committee asks the Government to indicate what measures it is taking or plans to take to ensure and promote equality of opportunity and treatment in education, employment and occupation for members of the “Négrilles” minority and to please indicate whether any statistics or studies exist on their social situation.

Discrimination on the basis of national extraction. The Committee notes the reference in the Government’s report to its policy of “Congolization” or “Africanization” of jobs, which it considers necessary to ensure that Congolese and African workers are given priority in employment. In this respect, the Committee emphasizes that, while the Convention does not cover differential treatment on the grounds of nationality, it does cover discrimination on the basis of national extraction. The Committee therefore requests the Government to indicate whether it has knowledge of any case where this policy has led to discrimination on the ground of national extraction (e.g. non-hiring or termination of citizens of foreign origin or birth who are believed to be non-citizens). The Committee also asks the Government to provide the full text of the decision from the Pointe-Noire labour tribunal referred to in its report where the tribunal ruled that the nationalization of jobs is a legitimate basis for dismissal.

Article 3(c). Repealing inconsistent laws. The Committee notes the Government’s report delivered to the Subregional Training Seminar on the Rights of Women and National Legislation in Central Africa (March 2004). In this report, the Government indicates that, with the support of the United Nations Population Fund, a revision of the country’s legislative texts was undertaken to identify discriminatory provisions with respect to the status of women and to formulate draft legislation on a wide range of topics relevant to equality in employment and occupation. The Committee requests the Government to provide any reports stemming from this project, in particular with respect to discrimination against women in employment and occupation. It also asks the Government to indicate what provisions were identified during this work as inconsistent with the principle of equality, whether such provisions were repealed, and if any legislative projects are currently under consideration to further promote the application of the Convention.

Article 3(d). Employment under the direct control of a national authority. The Committee notes from statistics provided in the Government’s CEDAW report the small number of women employed in the public sector as compared to men. The Committee requests the Government to provide information with its next report on the manner in which equal opportunities are ensured in recruitment, promotion, employment conditions and termination of employment in the public sector.

Article 4. Activities prejudicial to the security of the State. The Committee notes the Government’s reference to article 45 of its Constitution which provides that treason, espionage for the benefit of a foreign power, crossing over to the enemy in times of war, as well as any other harm to the security of the State are punishable by law. The Committee requests the Government to provide information on any measures that may have been taken concerning persons suspected or engaged in activities prejudicial to the security of the State, which may restrict their access to employment and occupation. Please also indicate the procedures establishing the right of appeal available to persons covered under this Article.

Article 5. Special measures of protection or assistance. The Committee notes that section 112 of the Labour Code empowers the Government to prohibit women and pregnant women from certain jobs upon the advice of the National Consultative Employment Commission. The Committee asks the Government to provide specific information in its next report on the jobs which have been prohibited to female workers.

Parts III–V of the report form. Please provide information on the practical application of the Convention. Such information might include statistical data disaggregated by sex, race and ethnicity, reports, guidelines or publications, as well as copies of legislation adopted and administrative and judicial decisions, including materials from the Human Rights Commission, as well as any other information that might enable the Committee to assess how the provisions of the Convention are applied in practice.