Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the two reports provided by the Government in reply to its previous comments and wishes to draw its attention to the following points.

Article 2 of the Convention. In its previous comments, the Committee noted the fact that section 6 of the 1984 Social Security Act does not give full effect to this provision of the Convention in view of its requirement that protection under the social security scheme for foreign women workers who are not covered by a treaty, convention or agreement is contingent upon reciprocity. In the first of its reports, the Government requests the Committee’s advice on a draft text which could amend the provisions of the Social Security Act and would grant the same rights to foreign women workers resident in the country as those granted to women workers who are nationals of Equatorial Guinea. In so far as reference is no longer made to any condition of reciprocity applicable to foreign women workers, this formulation appears likely to give effect to the Convention. However, the Committee notes that, in its other report, the Government no longer refers to the possibility of proposing a draft text of this nature and does not in general provide information on the application of Article 2 of the Convention. The Committee therefore requests the Government to provide detailed information on this subject in its next report and hopes that the Government will make every effort to secure the protection envisaged by the Convention for all women working in the enterprises or occupations covered by Article 1 of the Convention irrespective of their nationality and without any condition of reciprocity, in accordance with the provisions of Article 2 of the Convention.

Article 3, paragraphs 5 and 6. The Committee notes the Government’s indication in its reports that the legislation does not establish a maximum duration for additional pre- and postnatal leave in case of illness arising out of pregnancy or confinement. It notes that, in practice, the duration of leave is established on a case by case basis by medical practitioners.

Article 4, paragraphs 1 to 6. The Committee notes with interest the Government’s indication that, during any extension of pre- and postnatal leave in the case of illness arising out of pregnancy or confinement, women workers receive the cash maternity allowances to which they are entitled based on whether they work in the public or private sector. It would be grateful if the Government would provide information in its next report on the number of women workers benefiting from such additional leave and the cost of the cash benefits provided in this respect.

Article 5. The Committee notes the information provided by the Government in reply to its previous comments.

Article 6. In one of its reports, the Government indicates, in reply to the Committee’s previous comments, that an agreement has been reached under which it will be proposed to the competent authority to amend Act No. 8/1992 of 30 April 1992 on state public officials so that any misconduct by pregnant workers gives rise to a disciplinary procedure at the end of the period of maternity leave. However, the Committee notes that no reference is made to this proposal to amend the Act in the Government’s latest report. It accordingly hopes that the Government will take all the necessary measures to bring the legislation into full conformity with the Convention and that it will be in a position to provide information in its next report on the progress made in relation to the above proposed amendment with a view to establishing a formal prohibition on giving a public servant her notice of dismissal during her absence on maternity leave or at such time that the notice would expire during such absence.