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Repetition Article 1(1)(a) of the Convention. Indigenous peoples. The Committee previously noted the adoption of Act No. 5-2011 of 25 February 2011 on the promotion and protection of the rights of indigenous populations, which prohibits and establishes criminal penalties for any form of discrimination in relation to indigenous populations’ access to employment, working conditions, vocational training, remuneration and social security. The Committee requested information on the implementation of the Act in practice. The Committee recalls that in 2011 the United Nations Special Rapporteur on the rights of indigenous peoples emphasized that the vulnerable situation of these peoples is “inextricably linked to historical and ongoing patterns of discrimination” and that “such discrimination has been reinforced by stereotypes ... which has entrenched discriminatory attitudes and led to social relationships that perpetuate exclusion and acute marginalization of indigenous peoples” (A/HRC/18/35/Add.5, 11 July 2011, paragraph 15). The Committee notes that the Government’s report is once again confined to indicating that the Act of 2011 is in force and that the implementing texts are being prepared. The Committee once again asks the Government to provide information on the measures taken to give effect to Act No. 5-2011 of 25 February 2011, the results of the National Plan of Action 2009–13 and any other specific measures adopted to ensure indigenous peoples’ access to education, land and resources, especially those which allow them to practice their traditional activities. The Committee also asks the Government to take steps to combat the discrimination, stereotypes and prejudices of which indigenous peoples are victims and to better inform them of their rights, including in terms of access to justice, and to promote a climate of respect and tolerance between all sections of the population. The Government is requested to provide information on the steps taken in this respect and copies of the implementing texts of the Act of 2011. Article 2. Equality of opportunity and treatment for men and women. The Committee notes with regret that the Government’s report does not contain any information on this respect, despite its repeated requests. The Committee recalls the concerns expressed by the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) about the difficulties women and girls in rural areas experience in accessing education; the high drop out rate of girls at all levels of education; the lower literacy rate of women compared to men; the occupational segregation suffered by women, namely the concentration of women in certain sectors of activity or professions or even certain levels of responsibility; of the over-representation of women in the informal economy (with no social security or other benefits) and the difficulties faced by women in accessing credit (CEDAW/C/COG/CO/6, 23 March 2012, paragraphs 31, 33 and 37). The Committee also notes that a new gender policy was developed by the Ministry for the Advancement of Women and the Integration of Women into Development and adopted in June 2017. It notes that this policy is based on five strategic priorities: the consolidation of gender equality and the empowerment of women, the strengthening of the role and position of women and girls in the economy and employment; increased access for women and girls to decision making positions; combating sexual violence and the strengthening of institutions for the implementation of the national gender policy. The Committee asks the Government to provide information on the steps taken, particularly within the framework of the implementation of the national gender policy, with a view to promoting equality of opportunity and treatment for men and women in employment and occupation, and particularly promoting the access to and maintenance of girls at school, diversifying the supply of vocational training for women, combating occupational segregation, improving women’s access to credit and raising the awareness of workers and employers and their organizations regarding the principle of gender equality and women’s and men’s rights in employment and occupation. Article 5. Special measures of protection. Restrictions on the employment of women. The Committee recalls that, under section 112 of the Labour Code, the Government has authority to prohibit, by decree, access for women to certain jobs, subject to an opinion of the National Employment Advisory Committee, and that it asked the Government to indicate how this issue was being addressed in the ongoing revision of the Labour Code. The Committee notes that the Government’s report does not contain any information in this respect. The Committee recalls that any restrictions on the employment of women must be strictly limited to maternity protection in the broad sense and that protective measures which are based on stereotypes regarding women’s professional aptitudes and role in society are in violation of the principle of equality of opportunity and treatment between men and women in employment and occupation. The Committee also emphasizes that 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 and that, when examining the possibility of repealing discriminatory protective measures applicable to women’s employment, it may be necessary to examine what other measures, such as improved health protection of both men and women, adequate transportation and security, as well as social services, are necessary to ensure that women can access these types of employment on an equal footing with men. The Committee asks the Government to ensure that all provisions of the draft legislation amending and supplementing certain provisions of the Labour Code which provide for restrictions or limitations on the employment of women take into account the above elements, and particularly to ensure that any restriction regarding the access of women to certain jobs is strictly limited to maternity protection in the broad sense. It once again asks the Government to indicate whether, under section 112 of the Labour Code currently in force, access to certain jobs is restricted or prohibited for women and, if so, to provide a copy of the applicable regulatory texts. Article 4. Activities prejudicial to the security of the State. Noting that the Government has still not replied to its previous request, the Committee once again asks the Government to provide information on any measures taken concerning persons justifiably suspected of or convicted of being engaged in activities prejudicial to the security of the State. The Government is asked to identify the procedures establishing the right of appeal available to persons covered by Article 4. Statistics. The Committee asks the Government to provide any available statistics on the employment of men and women and their respective remuneration in the public and private sectors.
Repetition Articles 1–3 of the Convention. Protection against discrimination. Legislation. For many years the Committee has been emphasizing the shortcomings in the Labour Code and the General Civil Service Regulations regarding the protection of workers against discrimination, since these texts do not cover all of the grounds of discrimination or all the aspects of employment and occupation set out in the Convention. The Committee recalls that the Labour Code only covers the grounds of “origin”, gender, age and status in relation to wage discrimination (section 80) and the grounds of opinion, trade union activity, membership or not of a political, religious or philosophical group or a specific trade union in relation to dismissal (section 42). The General Civil Service Regulations prohibit any distinction between men and women in relation to their general application and any discrimination on the basis of family situation in relation to access to employment (sections 200 and 201). The Committee notes the Government’s indication that a preliminary draft of a new Bill amending and supplementing certain provisions of the Labour Code will take into account the grounds of discrimination set out in Article 1(1)(a). The Committee asks the Government to ensure that, within the framework of the ongoing revision of the Labour Code, discrimination on all of the grounds set out in the Convention is explicitly prohibited, as well as discrimination on any other grounds which it considers appropriate to include in the Code, at all stages of employment and occupation, including recruitment. The Committee also asks the Government to take the necessary measures to amend the provisions of the General Civil Service Regulations in order to ensure that civil servants are protected as a minimum in relation to the grounds set out in Article 1(1)(a) in respect of all aspects of employment, including recruitment and promotion. The Committee also requests the Government to provide information on any legislative developments in this respect. Article 1(1)(a). Discrimination based on sex. Sexual harassment. The Committee notes that the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed deep concern at the high prevalence of violence against women and girls, especially sexual harassment at school and at work, the delay in adopting a comprehensive law to combat all forms of violence against women and the lack of awareness regarding this issue and of reporting of gender-based violence (CEDAW/C/COG/CO/6, 23 March 2012, paragraph 23). The Committee notes the Government’s indication that, since 2011, the new draft Bill amending and supplementing certain provisions of the Labour Code has contained provisions against sexual harassment. The Committee once again asks the Government to ensure that provisions covering both quid pro quo harassment and sexual harassment which creates a hostile, intimidating or offensive environment are adopted and that they protect the victims of sexual harassment and establish penalties for the perpetrators. The Committee also asks the Government to take steps, in collaboration with employers’ and workers’ organizations, to prevent and combat sexual harassment, such as awareness-raising measures for employers, workers and educators as well as for labour inspectors, lawyers and judges, and to establish information systems and complaints procedures which take into account the sensitive nature of this issue in order to bring an end to these practices and allow victims to exercise their rights without losing their jobs.
Repetition Indigenous peoples. The Committee recalls its previous comment in which it noted the adoption of Act No. 5-2011 of 25 February 2011 concerning promotion and protection of the rights of indigenous peoples, which establishes that any person guilty of discrimination with regard to indigenous peoples in access to employment, working conditions, vocational training, remuneration and social security shall be liable to criminal penalties (section 27). The Committee notes the Government’s indications that the implementing regulations for the Act are being prepared. As regards the situation of indigenous peoples in the country, the Committee notes that the Special Rapporteur on the rights of indigenous peoples emphasized in his 2011 report that the vulnerable situation of these peoples is “inextricably linked to historical and ongoing patterns of discrimination” and that “such discrimination has been reinforced by stereotypes ... which has entrenched discriminatory attitudes and led to social relationships that perpetuate exclusion and acute marginalization of indigenous peoples” (A/HRC/18/35/Add.5, 11 July 2011, paragraph 15). He also indicates that the school enrolment rate for indigenous children is low owing to numerous obstacles (remote settlements, exclusion, extreme poverty, etc.) (ibid., paragraphs 21–25). However, the Special Rapporteur mentions that a National Plan of Action for improvement of the quality of life of indigenous peoples (2009–13) has been adopted containing five priority areas of action, including education, access to lands and resources and combating prejudice (ibid., paragraphs 49–51). The Committee asks the Government to provide information on the implementation of Act No. 5-2011 of 25 February 2011 and the results of the National Plan of Action (2009–13) and requests the Government to provide information on concrete measures taken to guarantee access to education and access to land and resources for indigenous peoples, including so that they are able to practise their traditional occupations. The Committee also asks the Government to take action against the discrimination, stereotypes and prejudice to which indigenous peoples are exposed, and promote a climate of respect and tolerance among all groups of the population. Please also provide information on steps taken to raise awareness of the rights of indigenous peoples including regarding access to justice. The Government is also requested to provide copies of the regulations adopted to implement the Act of 2011 and also of any relevant court or administrative decisions. Sexual harassment. The Committee notes that the Government merely indicates in its report that the preliminary draft Act amending the Labour Code contains provisions against sexual harassment. The Committee notes that the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed deep concern at the high prevalence of violence against women and girls, especially sexual harassment at school and at work, at the delay in adopting a comprehensive law concerning violence against women and at the lack of awareness-raising regarding this issue and of reporting of gender-based violence (CEDAW/C/COG/CO/6, 23 March 2012, paragraph 23). The Committee requests the Government to provide specific information on the adoption of legislative provisions concerning sexual harassment and asks the Government to ensure that these provisions cover both quid pro quo and hostile environment sexual harassment. It also requests the Government to provide information on any practical measures taken to prevent and combat sexual harassment in education, employment and occupation, including awareness-raising measures for both men and women workers and also for labour inspectors, lawyers and judges. Discrimination on the basis of national extraction. Re-emphasizing the need to ensure that in practice the policy of “Congolization” or “Africanization” of jobs, which has been deemed necessary to ensure that Congolese and African workers have priority in employment, does not lead to discrimination based on national extraction, the Committee requests the Government to provide information on the implementation of this policy, particularly in cases where priority in employment has been given to Congolese or African workers over other workers. The Government is also requested to send a copy of any relevant court decision on this matter, including a copy of the ruling of the Pointe-Noire Labour Tribunal stating that the nationalization of jobs constitutes a legitimate ground for dismissal. Articles 2 and 3 of the Convention. National policy to promote equality of opportunity and treatment. In the absence of a reply from the Government on this point, the Committee is bound to repeat its request for information on any policy adopted at the national level for the promotion of equal opportunities and treatment, including not only the application of legislative or administrative measures but also the implementation of public policies or action programmes or the establishment of special bodies responsible for promoting equality and dealing with complaints. Equality of opportunity and treatment for men and women. The Committee notes the Government’s statement indicating generally that equality of opportunity and treatment for men and women is taken into account in the preliminary draft of the new Act amending and completing the Labour Code. The Committee notes that CEDAW, in its concluding observations of March 2012, has also expressed particular concern at the high drop-out rate of girls at all levels of education, at the persistence of stereotypes in school textbooks and at the lower literacy rate of women compared to men, access to education in rural areas being particularly difficult for women (CEDAW/C/COG/CO/6, 23 March 2012, paragraphs 31 and 37). The Committee further notes that CEDAW has also expressed concern about occupational segregation suffered by women, the concentration of women in the informal economy with no social security or other benefits, and the difficulties faced by women in accessing credit for starting small-scale businesses (ibid., paragraph 33). Finally, the Committee notes that CEDAW refers to the adoption in 2008 of a national gender policy and the related plan of action for 2009–19. The Committee requests the Government to provide information on the measures taken or contemplated and the results achieved, including in the context of revision of the Labour Code, the national gender policy and the related plan of action, with a view to promoting equality of opportunity and treatment for men and women in employment and occupation, particularly with respect to promoting access to education for girls and women, addressing occupational gender segregation, and raising awareness of workers and employers and their organizations regarding the principle of equality and women’s rights in employment. The Government is also requested to provide statistical information on the labour market situation of women and men in the public and private sectors, disaggregated by economic sector and occupation. Article 4. Activities prejudicial to the security of the State. Noting that the Government has not replied to its previous request, the Committee again 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 recalls its previous comments in which it noted that under section 112 of the Labour Code, the Government has authority to prohibit, by decree, the access of women to certain jobs, subject to an opinion from the National Employment Advisory Committee. The Committee recalls that any restrictions on the employment of women must be strictly limited to maternity protection. The Committee requests the Government to indicate whether the preliminary draft amending and completing certain provisions of the Labour Code, which is currently being prepared, contains any restrictions or limitations on the employment of women and requests the Government to ensure that any restriction regarding the access of women to certain jobs is strictly limited to maternity protection. It also requests the Government to indicate whether, under section 112 of the Labour Code currently in force, access to certain jobs is restricted or prohibited for women and, if so, to provide a copy of the applicable regulatory texts.
Repetition Article 1 of the Convention. Protection against discrimination. Legislation. For many years the Committee has been emphasizing the gaps in the Labour Code and the General Public Service Regulations as regards protection of workers against discrimination, since these texts cover only some of the grounds of discrimination listed in Article 1(1)(a) of the Convention and only certain aspects of employment, such as wages and dismissal. The Committee notes the Government’s indications that the preliminary draft of a new Act amending and completing certain provisions of the Labour Code, which is currently being prepared, prohibits discrimination on the basis of race, colour, sex, religion, political opinion, national extraction or social origin, at all stages of employment and occupation. It further notes that the preliminary draft has been sent to the social partners in order to receive their comments before the meeting of the National Labour Advisory Committee. Recalling that, where legal provisions are adopted to give effect to the principle of the Convention, these should cover at least all the grounds of discrimination listed in Article 1(1)(a) of the Convention and be concerned with access to vocational training, access to employment and particular occupations, and also conditions of employment (Article 1(3)), the Committee requests the Government to take the necessary steps to ensure the adoption of the preliminary draft of the new Act amending and completing the Labour Code and the amendment of the General Public Service Regulations in order to ensure full protection against discrimination for workers in the public and private sectors, to supply information on the status of the legislative process to this end and to send a copy of the legislative texts once they have been adopted. The Committee also requests the Government to consider the possibility of requesting technical comments from the ILO on the draft legislation before it is adopted.
Repetition Indigenous peoples. The Committee recalls its previous comment in which it noted the adoption of Act No. 5-2011 of 25 February 2011 concerning promotion and protection of the rights of indigenous peoples, which establishes that any person guilty of discrimination with regard to indigenous peoples in access to employment, working conditions, vocational training, remuneration and social security shall be liable to criminal penalties (section 27). The Committee notes the Government’s indications that the implementing regulations for the Act are being prepared. As regards the situation of indigenous peoples in the country, the Committee notes that the Special Rapporteur on the rights of indigenous peoples emphasized in his 2011 report that the vulnerable situation of these peoples is “inextricably linked to historical and ongoing patterns of discrimination” and that “such discrimination has been reinforced by stereotypes ... which has entrenched discriminatory attitudes and led to social relationships that perpetuate exclusion and acute marginalization of indigenous peoples” (A/HRC/18/35/Add.5, 11 July 2011, paragraph 15). He also indicates that the school enrolment rate for indigenous children is low owing to numerous obstacles (remote settlements, exclusion, extreme poverty, etc.) (ibid., paragraphs 21–25). However, the Special Rapporteur mentions that a National Plan of Action for improvement of the quality of life of indigenous peoples (2009–13) has been adopted containing five priority areas of action, including education, access to lands and resources and combating prejudice (ibid., paragraphs 49–51). The Committee asks the Government to provide information on the implementation of Act No. 5-2011 of 25 February 2011 and the National Plan of Action (2009–13) and requests the Government to provide information on concrete measures taken to guarantee access to education and access to land and resources for indigenous peoples, including so that they are able to practise their traditional occupations. The Committee also asks the Government to take action against the discrimination, stereotypes and prejudice to which indigenous peoples are exposed, and promote a climate of respect and tolerance among all groups of the population. Please also provide information on steps taken to raise awareness of the rights of indigenous peoples including regarding access to justice. The Government is also requested to provide copies of the regulations adopted to implement the Act of 2011 and also of any relevant court or administrative decisions.Sexual harassment. The Committee notes that the Government merely indicates in its report that the preliminary draft Act amending the Labour Code contains provisions against sexual harassment. The Committee notes that the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed deep concern at the high prevalence of violence against women and girls, especially sexual harassment at school and at work, at the delay in adopting a comprehensive law concerning violence against women and at the lack of awareness-raising regarding this issue and of reporting of gender-based violence (CEDAW/C/COG/CO/6, 23 March 2012, paragraph 23). The Committee requests the Government to provide specific information on the adoption of legislative provisions concerning sexual harassment and asks the Government to ensure that these provisions cover both quid pro quo and hostile environment sexual harassment. It also requests the Government to provide information on any practical measures taken to prevent and combat sexual harassment in education, employment and occupation, including awareness-raising measures for both men and women workers and also for labour inspectors, lawyers and judges.Discrimination on the basis of national extraction. Re-emphasizing the need to ensure that in practice the policy of “Congolization” or “Africanization” of jobs, which has been deemed necessary to ensure that Congolese and African workers have priority in employment, does not lead to discrimination based on national extraction, the Committee requests the Government to provide information on the implementation of this policy, particularly in cases where priority in employment has been given to Congolese or African workers over other workers. The Government is also requested to send a copy of any relevant court decision on this matter, including a copy of the ruling of the Pointe-Noire Labour Tribunal stating that the nationalization of jobs constitutes a legitimate ground for dismissal.Articles 2 and 3 of the Convention. National policy to promote equality of opportunity and treatment. In the absence of a reply from the Government on this point, the Committee is bound to repeat its request for information on any policy adopted at the national level for the promotion of equal opportunities and treatment, including not only the application of legislative or administrative measures but also the implementation of public policies or action programmes or the establishment of special bodies responsible for promoting equality and dealing with complaints.Equality of opportunity and treatment for men and women. The Committee notes the Government’s statement indicating generally that equality of opportunity and treatment for men and women is taken into account in the preliminary draft of the new Act amending and completing the Labour Code. The Committee notes that CEDAW, in its concluding observations of March 2012, has also expressed particular concern at the high drop-out rate of girls at all levels of education, at the persistence of stereotypes in school textbooks and at the lower literacy rate of women compared to men, access to education in rural areas being particularly difficult for women (CEDAW/C/COG/CO/6, 23 March 2012, paragraphs 31 and 37). The Committee further notes that CEDAW has also expressed concern about occupational segregation suffered by women, the concentration of women in the informal economy with no social security or other benefits, and the difficulties faced by women in accessing credit for starting small-scale businesses (CEDAW ibid., paragraph 33). Finally, the Committee notes that CEDAW refers to the adoption in 2008 of a national gender policy and the related plan of action for 2009–19. The Committee requests the Government to provide information on the measures taken or contemplated and the results achieved, including in the context of revision of the Labour Code, the national gender policy and the related plan of action, with a view to promoting equality of opportunity and treatment for men and women in employment and occupation, particularly with respect to promoting access to education for girls and women, addressing occupational gender segregation, and raising awareness of workers and employers and their organizations regarding the principle of equality and women’s rights in employment. The Government is also requested to provide statistical information on the labour market situation of women and men in the public and private sectors, disaggregated by economic sector and occupation.Article 4. Activities prejudicial to the security of the State. Noting that the Government has not replied to its previous request, the Committee again 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 recalls its previous comments in which it noted that under section 112 of the Labour Code, the Government has authority to prohibit, by decree, the access of women to certain jobs, subject to an opinion from the National Employment Advisory Committee. The Committee recalls that any restrictions on the employment of women must be strictly limited to maternity protection. The Committee requests the Government to indicate whether the preliminary draft amending and completing certain provisions of the Labour Code, which is currently being prepared, contains any restrictions or limitations on the employment of women and requests the Government to ensure that any restriction regarding the access of women to certain jobs is strictly limited to maternity protection. It also requests the Government to indicate whether, under section 112 of the Labour Code currently in force, access to certain jobs is restricted or prohibited for women and, if so, to provide a copy of the applicable regulatory texts.
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.
The Committee notes that the Government’s report does not provide a reply to the questions raised by the Committee in its previous comments. The Committee requests the Government to reply to the questions raised in its previous direct request, which read as follows:
1. Article 1(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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. Parts III to 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.
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:
6. 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.
4. 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.
The Committee notes the information provided by the Government in its first report and requests the Government to provide additional information on the following matters.
1. Article 1(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.
3. Articles 2 and 3. National policy to promote equality of opportunity and treatment. The Committee notes that the Government’s report includes information with respect to equality of opportunity and treatment on the grounds of sex and ethnic origin. 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.
5. 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.
6. 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.
7. 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 notes that specific studies were carried out and that their conclusions were published in 2002. 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.