Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

1. Article 1 of the Convention. Discrimination on the basis of sex. The Committee notes sections 253 and 254 of the Civil Code, which provide that the husband is the head of the family and determines the place of residence, where the wife is obliged to live, unless she obtains a different arrangement through court authorization. Furthermore, section 261 of the Code provides that a woman may exercise the profession of her choice, but that her husband may ask the court to prohibit her from doing so in the interest of the family. The same right is not given to the wife. The Committee is concerned about the discriminatory effect of these provisions and urges the Government to revise its legislation in order to provide for equal rights and responsibilities for men and women within the family and with respect to their choice of employment and occupation, and to report on the progress made in this regard.

2. The Committee notes from the Government’s report to the Committee on the Elimination of Discrimination Against Women (CEDAW) that "employers prefer to hire men for certain positions requiring consistent attendance and physical strength, because it protects them against women’s absences due to maternity leave" (CEDAW/C/GAB/2-5, 25 June 2003, page 15). The Committee requests the Government to indicate, in its next report, the concrete steps taken to eliminate discrimination because of maternity and family responsibility, including any awareness-raising programmes and other measures to combat factors constituting obstacles to women’s entry into the formal labour market.

3. Sexual harassment. The Committee notes from the Government’s report to CEDAW that sexual harassment is one of the subjects being considered by the National Assembly with a view to its inclusion in the Penal Code (CEDAW/C/GAB/2-5, page 17). Please provide information on the progress made in the adoption of any legislative initiatives to prohibit and combat sexual harassment in employment.

4.  Discrimination on the basis of national extraction. With reference to its previous comments on the issue of the "gabonization" of employment, the Committee notes the Government’s statement that there have never been any cases of discrimination on the basis of national extraction as this would contravene the provisions of section 8 of the Labour Code. The Committee recalls that legislation is essential but not sufficient in itself to apply the Convention. Moreover, the absence of cases of discrimination often means a lack of awareness or an insufficient complaints or inspection mechanism. It therefore reiterates to the Government to indicate the specific steps taken to ensure that this policy does not lead to discrimination on the grounds of national extraction (e.g. non-hiring or termination of employment of citizens of Gabon of foreign origin or birth who were believed to be non-citizens).

5. Article 2. Promoting equality of opportunity and treatment between men and women. Access to education and employment. The Committee notes the initiatives taken by the Government to build the capacity of non-governmental organizations promoting women’s rights and assist them in their action to increase the scholarization of girls and the training of young women. It also notes the recommendations made by the Ministry of Family Affairs, the Protection of Children and the Promotion of Women (MFAPCP) to increase women’s participation in decision-making posts, such as the following: quotas for women’s participation in decision-making bodies of the Government and private enterprises, the nomination of women as human resources directors in private enterprises, and the action by trade unions to encourage women to be engaged in trade union activities. The Committee requests the Government to provide information on the steps taken to implement these recommendations, including the results achieved. Please also provide information on any other activities of the Ministry referred to above with regard to the promotion of gender equality, and the results achieved as to their impact on the employment and education of women in both rural and urban areas.

6. Promotion of equality of opportunity and treatment with respect to grounds other than sex. In the absence of any new information on this point, the Committee asks the Government to provide information on any positive measures taken or contemplated to promote equality of opportunity and treatment in respect of employment and occupation and to eliminate discrimination on the grounds of race, colour, religion, political opinion, national extraction or social origin, and to report on the results obtained (see paragraphs 15, 157 and 170 of its 1988 General Survey).

7. Part V of the report form. Practical application and statistics. Referring to its previous comments, the Committee notes the explanations by the Government that the results of the census of 2003 are not yet disaggregated by sex and that it is therefore not possible to provide statistical information on women and girls in education and on the participation of women in all areas of economic activity. The Government also continues to have difficulties in collecting data on the extent of the participation of women in the courses provided by training institutions covered by sections 98-103 of the 1994 Labour Code, and requests ILO technical assistance in this regard. Notwithstanding this, the Committee notes from the Government’s report to CEDAW that the MFAPCP has set up the Observatory for Women’s Rights and Equality, which collects data on equality in various areas (CEDAW/C/GAB/2-5, page 6). Awaiting progress in the abovementioned collection of sex-disaggregated data, the Committee requests the Government to supply any data collected by the Observatory on equality between men and women in the areas of training and employment that permit an evaluation of the progress made in the practical application of the Convention.