National Legislation on Labour and Social Rights
Global database on occupational safety and health legislation
Employment protection legislation database
Display in: French - Spanish
Repetition The Committee notes that the Government did not take the opportunity provided by the enactment of the Fundamental Act of Equatorial Guinea, on 16 February 2012, and of the General Labour Reforms Act (No. 10/2012), on 24 December 2012, to address the matters raised by the Committee. Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. The Committee notes that section 15 of the Fundamental Act of 2012 (previously section 15 of the Fundamental Act of 1995) provides that any bias or discrimination on tribal, ethnic, gender-related, religious, social, political or any other similar grounds, when duly ascertained, is punishable by law. Further, under section 1(3)(d) of the General Labour (Reforms) Act of 2012 (previously section 1(4) of the General Labour Act, 1990) the State guarantees equality of opportunity and treatment in employment and occupation and provides that no one may be subjected to discrimination, that is, to any distinction, exclusion or preference on grounds of race, colour, sex, political opinion, national extraction, social origin or trade union affiliation. The Committee notes that while section 1(3)(d) of the General Labour (Reforms) Act of 2012, continues to omit reference to religion as one of the prohibited grounds of discrimination, that ground is included in section 15 of the Fundamental Act of 2012. The Committee recalls that where provisions are adopted in order to give effect to the principles in the Convention, they should include at least all of the grounds of discrimination laid down in Article 1(1)(a) (see 2012 General Survey on the fundamental Conventions, paragraph 853). The Committee therefore urges the Government to take steps to add the ground of “religion” to the list of prohibited grounds of discrimination at the earliest opportunity. The Committee once again asks the Government to provide information on the practical application of section 15 of the Fundamental Act of 2012, and of section 1(3)(d) of the General Labour (Reforms) Act of 2012, and to indicate whether any administrative or judicial decisions have been handed down concerning these provisions, and if so, to provide details thereof. Articles 1(1)(b) and 5. Other grounds. Special measures. The Committee notes that section 1(4) of the General Labour Act of 1990 (now section 1(3)(d) of the General Labour (Reforms) Act of 2012) makes provision for facilitating the recruitment of older workers and those with reduced working capacity. The Committee had previously requested a copy of the National Employment Policy (Reforms) Act No. 6/1999 of 6 December 1999. It notes that section 62 of the National Employment Policy Act No. 6/1992 of 3 January 1992, as amended by the National Employment Policy (Reforms) Act of 1999, provides for the adoption of governmental programmes aimed at promoting employment among workers facing obstacles to entering the labour market, especially young first-time jobseekers, women, men older than 45 years of age and persons with disabilities. The Government is asked to supply information on the practical application of the abovementioned provisions as it relates to older workers, young first-time jobseekers, and persons with disabilities. Articles 2 and 3. National policy to promote equality of opportunity and treatment. The Committee recalls that discrimination in employment and occupation is a universal phenomenon that is constantly evolving, and that some manifestations of discrimination have acquired more subtle and less visible forms. It is therefore essential to acknowledge that no society is free from discrimination and that continuous action is required to address it. Moreover, the results achieved in the implementation of the national equality policy and programmes must be periodically assessed so that they can be adapted to the population’s needs, particularly for those groups that are most vulnerable to discrimination (see 2012 General Survey, paragraphs 731 and 847). The Committee asks the Government to indicate whether it has a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation, and describe how it is implemented (legal procedures, practical measures, etc.) in each of the following spheres: (i) access to vocational training; (ii) access to employment and to particular occupations; (iii) terms and conditions of employment. The Committee asks the Government to take specific steps with a view to assessing the results of the implementation of the national equality policy and to provide information on its impact on the different sections of the population and to supply statistical data disaggregated by sex, race, ethnic origin and religion on employment and vocational training and any other information which would enable the Committee to evaluate more fully the manner in which the Convention is applied in practice. Article 4. Measures affecting individuals suspected of activities prejudicial to the security of the State. The Committee once again asks the Government to provide information concerning the practical application of Article 4 of the Convention, as well as specific information on the procedures establishing the right to appeal to a competent and independent body.
Repetition Article 1(1)(a) of the Convention. The Committee notes that section 15 of the Fundamental Law prohibits discrimination on tribal, ethnic, gender-related, religious, social, political or any other similar grounds. Under section 4 of the Labour Act, the State guarantees equality of opportunity and treatment in employment and occupation and nobody may be subjected to discrimination, i.e. to any distinction, exclusion or preference on grounds of race, colour, sex, political opinion, national extraction, social origin or trade union affiliation. The Committee notes that section 4 of the Labour Act makes no reference to religion as one of the prohibited grounds of discrimination but that this criterion is included in section 15 of the Fundamental Law. The Committee asks the Government to provide information on the practical application of section 15 of the Fundamental Law and section 4 of the Labour Act, and whether there have been any administrative or judicial decisions handed down concerning these provisions, and if so, details thereof. Please indicate whether married women need any authorization to engage in trade or any type of employment or occupation. Article 1(1)(b). Other criteria. The Committee notes that section 4 of the Labour Act provides for facilitating the recruitment of older workers and those with reduced working capacity. Please supply information on the practical application of section 4 of the Labour Act as it relates to older workers and those with reduced capacity. Article 2. The Committee noted in its comments on the Equal Remuneration Convention, 1951 (No. 100), that Presidential Decree No. 70/2002 of 27 May 2002 establishes the national policy for the promotion of women (PNPM) and that it is working on a draft plan of action designed to apply this policy. The Committee asks the Government to provide information on any action taken to apply the plan, the results achieved and any difficulties encountered. The Committee would also be grateful if the Government would clarify whether national policies exist to promote other categories of workers who might suffer discrimination under the categories set forth in Article 1 of the Convention. Vocational training. The Committee notes the Government’s statement on the low qualifications of the workforce and that consequently the focus is placed on vocational training in enterprises. The Government supports training and recruitment for the most vulnerable categories of workers. For example, section 62 of the Act governing national employment policy states that when enterprises recruit women, young persons, men over 45 years of age or disabled persons, the Government will offer free and preferential vocational training and also a discount on social security contributions. The Committee asks the Government to supply information on the practical application of this provision. Labour inspection. The Committee notes that the Government indicates that it has serious deficiencies in human and material capacities and resources and that for this reason section 1.11 of the General Labour Act states that the “civil and military authorities ... shall lend their assistance to the labour authorities to enforce the provisions of this Act”. The Committee encourages the Government to supply more detailed information on the questions raised by the Committee and in the report form. It would be grateful if the Government would include documents on policies and statistical data disaggregated if possible by sex, race, ethnic origin and religion on employment and vocational training and any other information which would enable the Committee to evaluate more fully the manner in which the Convention is applied in practice. Article 4. Measures affecting individuals suspected of activities prejudicial to the security of the State. The Committee requests the Government to provide information concerning the practical application of Article 4 of the Convention as well as specific information on the procedures establishing the right of appeal available to persons covered under this Article. Article 5. Special measures. The Committee notes the Government’s statement that the special protection provided in Title III of Law No. 6 of 6 December 1999 is not deemed to be discrimination. The Committee asks the Government to provide a copy of the said legislation in its next report.
Repetition Article 1(1)(a) of the Convention. The Committee notes that section 15 of the Fundamental Law prohibits discrimination on tribal, ethnic, gender-related, religious, social, political or any other similar grounds. Under section 4 of the Labour Act, the State guarantees equality of opportunity and treatment in employment and occupation and nobody may be subjected to discrimination, i.e. to any distinction, exclusion or preference on grounds of race, colour, sex, political opinion, national extraction, social origin or trade union affiliation. The Committee notes that section 4 of the Labour Act makes no reference to religion as one of the prohibited grounds of discrimination but that this criterion is included in section 15 of the Fundamental Law. The Committee asks the Government to provide information on the practical application of section 15 of the Fundamental Law and section 4 of the Labour Act, and whether there have been any administrative or judicial decisions handed down concerning these provisions, and if so, details thereof. Please indicate whether married women need any authorization to engage in trade or any type of employment or occupation.Article 1(1)(b). Other criteria. The Committee notes that section 4 of the Labour Act provides for facilitating the recruitment of older workers and those with reduced working capacity. Please supply information on the practical application of section 4 of the Labour Act as it relates to older workers and those with reduced capacity.Article 2. The Committee noted in its comments on the Equal Remuneration Convention, 1951 (No. 100), that Presidential Decree No. 70/2002 of 27 May 2002 establishes the national policy for the promotion of women (PNPM) and that it is working on a draft plan of action designed to apply this policy. The Committee asks the Government to provide information on any action taken to apply the plan, the results achieved and any difficulties encountered. The Committee would also be grateful if the Government would clarify whether national policies exist to promote other categories of workers who might suffer discrimination under the categories set forth in Article 1 of the Convention.Vocational training. The Committee notes the Government’s statement on the low qualifications of the workforce and that consequently the focus is placed on vocational training in enterprises. The Government supports training and recruitment for the most vulnerable categories of workers. For example, section 62 of the Act governing national employment policy states that when enterprises recruit women, young persons, men over 45 years of age or disabled persons, the Government will offer free and preferential vocational training and also a discount on social security contributions. The Committee asks the Government to supply information on the practical application of this provision.Labour inspection. The Committee notes that the Government indicates that it has serious deficiencies in human and material capacities and resources and that for this reason section 1.11 of the General Labour Act states that the “civil and military authorities ... shall lend their assistance to the labour authorities to enforce the provisions of this Act”.The Committee encourages the Government to supply more detailed information on the questions raised by the Committee and in the report form. It would be grateful if the Government would include documents on policies and statistical data disaggregated if possible by sex, race, ethnic origin and religion on employment and vocational training and any other information which would enable the Committee to evaluate more fully the manner in which the Convention is applied in practice.Article 4. Measures affecting individuals suspected of activities prejudicial to the security of the State. The Committee requests the Government to provide information concerning the practical application of Article 4 of the Convention as well as specific information on the procedures establishing the right of appeal available to persons covered under this Article.Article 5. Special measures. The Committee notes the Government’s statement that the special protection provided in Title III of Law No. 6 of 6 December 1999 is not deemed to be discrimination. The Committee asks the Government to provide a copy of the said legislation in its next report.
Repetition Article 1(1)(a) of the Convention. The Committee notes that section 15 of the Fundamental Law prohibits discrimination on tribal, ethnic, gender-related, religious, social, political or any other similar grounds. Under section 4 of the Labour Act, the State guarantees equality of opportunity and treatment in employment and occupation and nobody may be subjected to discrimination, i.e. to any distinction, exclusion or preference on grounds of race, colour, sex, political opinion, national extraction, social origin or trade union affiliation. The Committee notes that section 4 of the Labour Act makes no reference to religion as one of the prohibited grounds of discrimination but that this criterion is included in section 15 of the Fundamental Law. The Committee asks the Government to provide information on the practical application of section 15 of the Fundamental Law and section 4 of the Labour Act, and whether there have been any administrative or judicial decisions handed down concerning these provisions, and if so, details thereof. Please indicate whether married women need any authorization to engage in trade or any type of employment or occupation.Article 1(1)(b). Other criteria. The Committee notes that section 4 of the Labour Act provides for facilitating the recruitment of older workers and those with reduced working capacity. Please supply information on the practical application of section 4 of the Labour Act as it relates to older workers and those with reduced capacity.Article 2. The Committee noted in its comments on the Equal Remuneration Convention, 1951 (No. 100), that Presidential Decree No. 70/2002 of 27 May 2002 establishes the national policy for the promotion of women (PNPM) and that it is working on a draft plan of action designed to apply this policy. The Committee asks the Government to supply a copy of the abovementioned plan and provide information on any action taken to apply the plan, the results achieved and any difficulties encountered. The Committee would also be grateful if the Government would clarify whether national policies exist to promote other categories of workers who might suffer discrimination under the categories set forth in Article 1 of the Convention.Vocational training. The Committee notes the Government’s statement on the low qualifications of the workforce and that consequently the focus is placed on vocational training in enterprises. The Government supports training and recruitment for the most vulnerable categories of workers. For example, section 62 of the Act governing national employment policy states that when enterprises recruit women, young persons, men over 45 years of age or disabled persons, the Government will offer free and preferential vocational training and also a discount on social security contributions. The Committee asks the Government to supply information on the practical application of this provision.Labour inspection. The Committee notes that the Government indicates that it has serious deficiencies in human and material capacities and resources and that for this reason section 1.11 of the General Labour Act states that the “civil and military authorities ... shall lend their assistance to the labour authorities to enforce the provisions of this Act”.The Committee encourages the Government to supply more detailed information on the questions raised by the Committee and in the report form. It would be grateful if the Government would include documents on policies and statistical data disaggregated if possible by sex, race, ethnic origin and religion on employment and vocational training and any other information which would enable the Committee to evaluate more fully the manner in which the Convention is applied in practice.Article 4. Measures affecting individuals suspected of activities prejudicial to the security of the State. The Committee requests the Government to provide information concerning the practical application of Article 4 of the Convention as well as specific information on the procedures establishing the right of appeal available to persons covered under this Article.Article 5. Special measures. The Committee notes the Government’s statement that the special protection provided in Title III of Law No. 6 of 6 December 1999 is not deemed to be discrimination. The Committee asks the Government to provide a copy of the said legislation in its next report.
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(1)(a) of the Convention. The Committee notes that section 15 of the Fundamental Law prohibits discrimination on tribal, ethnic, gender-related, religious, social, political or any other similar grounds. Under section 4 of the Labour Act, the State guarantees equality of opportunity and treatment in employment and occupation and nobody may be subjected to discrimination, i.e. to any distinction, exclusion or preference on grounds of race, colour, sex, political opinion, national extraction, social origin or trade union affiliation. The Committee notes that section 4 of the Labour Act makes no reference to religion as one of the prohibited grounds of discrimination but that this criterion is included in section 15 of the Fundamental Law. The Committee asks the Government to provide information on the practical application of section 15 of the Fundamental Law and section 4 of the Labour Act, and whether there have been any administrative or judicial decisions handed down concerning these provisions, and if so, details thereof. Please indicate whether married women need any authorization to engage in trade or any type of employment or occupation.
Article 1(1)(b). Other criteria. The Committee notes that section 4 of the Labour Act provides for facilitating the recruitment of older workers and those with reduced working capacity. Please supply information on the practical application of section 4 of the Labour Act as it relates to older workers and those with reduced capacity.
Article 2. The Committee noted in its comments on the Equal Remuneration Convention, 1951 (No. 100), that Presidential Decree No. 70/2002 of 27 May 2002 establishes the national policy for the promotion of women (PNPM) and that it is working on a draft plan of action designed to apply this policy. The Committee asks the Government to supply a copy of the abovementioned plan and provide information on any action taken to apply the plan, the results achieved and any difficulties encountered. The Committee would also be grateful if the Government would clarify whether national policies exist to promote other categories of workers who might suffer discrimination under the categories set forth in Article 1 of the Convention.
Vocational training. The Committee notes the Government’s statement on the low qualifications of the workforce and that consequently the focus is placed on vocational training in enterprises. The Government supports training and recruitment for the most vulnerable categories of workers. For example, section 62 of the Act governing national employment policy states that when enterprises recruit women, young persons, men over 45 years of age or disabled persons, the Government will offer free and preferential vocational training and also a discount on social security contributions. The Committee asks the Government to supply information on the practical application of this provision.
Labour inspection. The Committee notes that the Government indicates that it has serious deficiencies in human and material capacities and resources and that for this reason section 1.11 of the General Labour Act states that the “civil and military authorities ... shall lend their assistance to the labour authorities to enforce the provisions of this Act”.
The Committee encourages the Government to supply more detailed information on the questions raised by the Committee and in the report form. It would be grateful if the Government would include documents on policies and statistical data disaggregated if possible by sex, race, ethnic origin and religion on employment and vocational training and any other information which would enable the Committee to evaluate more fully the manner in which the Convention is applied in practice.
Noting that the Government has not provided any information on the questions raised in paragraphs 4 and 5 of its previous direct request, it repeats its comments, which read as follows:
Article 4. Measures affecting individuals suspected of activities prejudicial to the security of the State. The Committee requests the Government to provide information concerning the practical application of Article 4 of the Convention as well as specific information on the procedures establishing the right of appeal available to persons covered under this Article.
Article 5. Special measures. The Committee notes the Government’s statement that the special protection provided in Title III of Law No. 6 of 6 December 1999 is not deemed to be discrimination. The Committee asks the Government to provide a copy of the said legislation in its next report.
Article 1, paragraph a), of the Convention. The Committee notes that section 15 of the Fundamental Law prohibits discrimination on tribal, ethnic, gender-related, religious, social, political or any other similar grounds. Under section 4 of the Labour Act, the State guarantees equality of opportunity and treatment in employment and occupation and nobody may be subjected to discrimination, i.e. to any distinction, exclusion or preference on grounds of race, colour, sex, political opinion, national extraction, social origin or trade union affiliation. The Committee notes that section 4 of the Labour Act makes no reference to religion as one of the prohibited grounds of discrimination but that this criterion is included in section 15 of the Fundamental Law. The Committee asks the Government to provide information on the practical application of section 15 of the Fundamental Law and section 4 of the Labour Act, and whether there have been any administrative or judicial decisions handed down concerning these provisions, and if so, details thereof. Please indicate whether married women need any authorization to engage in trade or any type of employment or occupation.
Article 1, paragraph 1(b). Other criteria. The Committee notes that section 4 of the Labour Act provides for facilitating the recruitment of older workers and those with reduced working capacity. Please supply information on the practical application of section 4 of the Labour Act as it relates to older workers and those with reduced capacity.
Article 2 of the Convention. The Committee noted in its comments on the Equal Remuneration Convention, 1951 (No. 100), that Presidential Decree No. 70/2002 of 27 May 2002 establishes the national policy for the promotion of women (PNPM) and that it is working on a draft plan of action designed to apply this policy. The Committee asks the Government to supply a copy of the abovementioned plan and provide information on any action taken to apply the plan, the results achieved and any difficulties encountered. The Committee would also be grateful if the Government would clarify whether national policies exist to promote other categories of workers who might suffer discrimination under the categories set forth in Article 1 of the Convention.
4. Article 4. Measures affecting individuals suspected of activities prejudicial to the security of the State. The Committee requests the Government to provide information concerning the practical application of Article 4 of the Convention as well as specific information on the procedures establishing the right of appeal available to persons covered under this Article.
5. Article 5. Special measures. The Committee notes the Government’s statement that the special protection provided in Title III of Law No. 6 of 6 December 1999 is not deemed to be discrimination. The Committee asks the Government to provide a copy of the said legislation in its next report.
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:
1. Articles 1–3 of the Convention. Insufficient information to assess the application of the Convention. The Committee notes the Government’s statement in its first very brief report that Fundamental Law of Equatorial Guinea No. 2 of 4 January 1990 on the general organization of labour applies the Convention and that there are no distinctions, exclusions, preferences or discrimination of any kind in Equatorial Guinea. The Government also adds that there are no difficulties with regard to access to employment and occupation based on the grounds mentioned in the Convention, and there is no need to take regulatory measures to implement the principle of the Convention.
2. The Committee recalls that it is difficult to accept statements to the effect that the application of the Convention gives rise to no difficulties or that the Convention is fully applied, particularly when no other details are given on the content and methods of implementing the national policy on the promotion of equal opportunity and treatment. The Convention provides for the elimination of discrimination in law and practice and, to this end, requires proactive measures towards achieving equality of opportunity and treatment of all workers.
3. The Committee thus concludes that the information provided by the Government in its first report is of a too general nature and does not enable the Committee to assess effectively the application of the Convention. It therefore requests the Government to provide full information, in its next report, on each of the provisions of the Convention and on each of the questions set out in the report form. Such information could include, legislation and policy documents, statistical data disaggregated by sex, race, ethnicity and religion on all aspects of employment and vocational training, reports, guidelines or publications, as well as any other information that may enable the Committee to assess the manner in which the Convention is applied in practice.
1. Articles 1 to 3 of the Convention. Insufficient information to assess the application of the Convention. The Committee notes the Government’s statement in its first very brief report that the Fundamental Law of Equatorial Guinea No. 2 of 4 January 1990 on the general organization of labour applies the Convention and that there are no distinctions, exclusions, preferences or discrimination of any kind in Equatorial Guinea. The Government also adds that there are no difficulties with regard to access to employment and occupation based on the grounds mentioned in the Convention, and there is no need to take regulatory measures to implement the principle of the Convention.