Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Congo (Ratification: 1999)

Other comments on C111

Observation

Direct Request

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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.