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Repetition Article 1(1)(a) of the Convention. Discrimination on the basis of sex. Sexual harassment. Further to its previous comment concerning the incomplete definition of the concept of sexual harassment, the Committee notes with interest the adoption of Act No. 10-2016 of 5 September 2016 on action to combat harassment at work, which defines sexual harassment as “the imposition on a person, repeatedly, of comments or behaviours of a sexual connotation which either undermine their dignity in light of their degrading or humiliating nature, or create an intimidating, hostile or offensive situation for that person; the use of any form of pressure with the real or apparent aim of obtaining an act or favours of a sexual nature, whether for the perpetrator or for a third person.” It further notes that the Act also contains provisions defining and prohibiting moral harassment (mobbing) and provides for protection against reprisals and a procedure for the treatment of cases of sexual or moral harassment. The Committee also notes the Government’s indication in its report that it is planned that the draft new Labour Code that is under preparation will include the following definitions of sexual harassment: “(1) Either any act consisting of repeated comments or behaviours of a sexual connotation which either undermine a person’s dignity by reason of their degrading or humiliating nature, or create for that person an intimidating, hostile or offensive situation; (2) or any similar act constituting any form of serious pressure, even if it is not repeated, exerted with the real or apparent aim of obtaining an act of a sexual nature, whether for the perpetrator or for a third person” (draft section 5). While emphasizing the progress made in including a hostile working environment in the definitions of sexual harassment, the Committee observes that, in this case, the definitions make reference to the “repeated” nature of the comments or behaviour. It considers that these provisions could have the effect of limiting protection against sexual harassment. The Committee requests the Government to: (i) examine the possibility of reviewing the provisions on hostile working environment sexual harassment during the examination of the draft text of the new Labour Code and the provisions of the Act of 2016 with a view to eliminating the requirement of the repetition of the comments or behaviour that constitute sexual harassment, and provide information on any progress in this regard; (ii) provide information on the measures taken by employers to prevent and deal with sexual harassment; (iii) provide information on the practical measures adopted to raise the awareness of workers, employers and their respective organizations, labour inspectors, lawyers and magistrates concerning sexual harassment; and (iv) provide extracts of collective agreements containing clauses respecting the protection of workers against sexual harassment, under the terms of section 126(9) of the Labour Code.Discrimination on the basis of national extraction, race, colour or religion. In reply to the Committee’s request to ensure that the policy of the “Gabonization” of jobs does not in practice result in prohibited discriminatory practices, the Government reaffirms that this policy is not at all discriminatory, as it is based on the policy of full employment with a view to reducing the high unemployment rate, in respect of international standards on the subject. The Committee is bound to emphasize once again that it is the manner in which this policy is applied in practice which could result in discriminatory practices on the basis of national extraction, race, colour or religion. The Committee therefore requests the Government to: (i) periodically review the effects of the policy of the “Gabonization” of employment on the hiring and/or dismissal of Gabonese nationals who, on the basis of their foreign extraction, race, colour or religion, might be treated as non-nationals; and (ii) provide data on the number of jobs concerned each year by the policy of the “Gabonization” of employment.Non-discrimination and the promotion of equality of opportunity and treatment. Indigenous peoples. In response to the Committee’s previous comment concerning the failure of the Forest and Environment Sector Project (PSSE), the objectives of which include the establishment of “conditions of legality and equality for the Babongo, Bakoya, Baka, Barimba, Bagame, Bakouyi and Akoa peoples” and to develop a national equality policy for indigenous peoples in Gabon, the Committee notes that the Government has merely indicated that the Constitution guarantees the same rights and equality for all nationals of Gabon. The Committee urges the Government to adopt specific measures designed to take into account the particular needs of the populations concerned so as to enable them to have access in practice to all levels of education and employment, including the exercise of their traditional and subsistence activities, and to benefit from equality of treatment with other categories of the population. Further noting that a socio-economic study of vulnerable people in rural and forest areas will be conducted by the Inequality Observatory, within the framework of the objectives of the Gabon–UNICEF Programme 2018–22, the Committee requests the Government to provide information on the findings of this study, particularly with regard to the situation of indigenous peoples in rural and forest areas in relation to education and employment and the exercise of their traditional and subsistence activities, and to supply the available statistical data drawing a distinction between wage employment and traditional activities. Finally, the Committee requests the Government to indicate the follow-up measures adopted or envisaged to enable indigenous peoples to benefit in practice from real equality of opportunity and treatment with other categories of the population.General observation of 2018. With regard to the above issues, and in more general terms, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population. The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.Statistics. Noting the Government’s indication that it will furnish as soon as possible the requested statistical data on employment, disaggregated by gender, economic sector and occupation, including data regarding indigenous workers, the Committee requests the Government to take the necessary measures to ensure that this data is provided in the near future.
Repetition Article 1(1) of the Convention. Definition of discrimination. Legislation. The Committee welcomes the inclusion in the draft new Labour Code of a definition of the concept of “discrimination” that is identical to that of the Convention. The Committee hopes that the draft text of the new Labour Code will soon be adopted and promulgated and requests the Government to provide information on the progress achieved in this respect. It also requests the Government to take the necessary measures to disseminate these new provisions, once they have been adopted, to employers, workers and their respective organizations and to those responsible for the enforcement of the legislation and to provide a copy of the text. Articles 1(1)(a) and 3. Discrimination on the basis of sex. Legislation. Further to its previous comment concerning the lack of conformity of certain provisions of the Civil Code that are in force (sections 253, 254 and 261) with the provisions of the Convention, the Committee notes the Government’s indication in its report that the Civil Code is still under revision and that the Committee’s comments will be examined. The Committee recalls that laws governing personal and family relations which do not yet provide for equal rights of men and women also continue to have an impact on the enjoyment of equality with respect to work and employment (2012 General Survey on the fundamental Conventions, paragraph 787). The Committee once again urges the Government to take the necessary measures to ensure that the provisions of the Civil Code that have a discriminatory impact on women’s employment, namely sections 253, 254 and 261, are repealed and to provide a copy of the new Civil Code once it has been adopted and promulgated.With regard to night work by women, as regulated by sections 167 and 169 of the Labour Code, the Committee notes that, in the draft new Labour Code, the provisions prohibiting night work by women in general have been removed, and that the protection measures only concern pregnant women, which is not incompatible with the Convention, insofar as they are strictly limited to the protection of maternity and not based on stereotypes concerning their capacities and role in society. While welcoming the withdrawal of the provisions prohibiting the principle of night work of women in the draft Labour Code, the Committee requests the Government to examine the possibility of the adoption in parallel of accompanying measures to assure the safety of workers, both men and women, during night work and measures for the development of adequate means of transport.Article 2. Equality of opportunity and treatment of men and women in employment and occupation. Constitution. The Committee welcomes Act No. 001/2018 of 12 January 2018 revising the Constitution of the Republic of Gabon, which amends several articles of the Constitution in support of gender equality, principally in relation to elections, and provides that “the State shall promote equal access by women and men to electoral office and to political and professional responsibilities” (article 24). Welcoming the will of the Government to promote gender equality at the highest level, the Committee requests the Government to provide information on the implementation of article 24 of the Constitution, which promotes the equal access of women and men to professional responsibilities, as well as equal access to political responsibilities, in law and practice, and on any specific measures adopted for this purpose.National policy on equality. The Committee previously requested the Government to adopt measures to: (1) take effective action to combat stereotypes regarding women’s aspirations, preferences and occupational capacities; and (2) resolve the difficulties faced by women in gaining access to resources and means of production, and particularly credit and land, and to encourage women’s entrepreneurship. The Committee notes that the Government refers once again to the creation of a platform wholly dedicated to women entrepreneurs, the “Women’s Business Centre”, in order to provide support to women wishing to start up their own enterprises. The Committee also notes the Government’s indication that it has introduced a Women’s Day on 17 April each year and that it has decreed that 2015–25 shall be the Decade of the Women of Gabon. According to the information provided by the Government in its 2020 report to UNESCO on the application of the 2005 Convention on the Protection and Promotion of the Diversity of Cultural Expressions, ratified in 2007, the objective of the Decade of the Women of Gabon is the autonomy of women, and the expected results are training, improvement and the deep-rooted transformation of the condition of women at all levels (legal, political, economic and social). The Government adds in the report that the National Advisory Commission of the Decade of the Women of Gabon has been created in this context and that it is engaged in the collection of data on the ground throughout the national territory with a view to improving understanding of the situation of women. The Committee notes these initiatives and requests the Government to provide the results of the national data collection exercise on the condition of the women of Gabon undertaken by the National Advisory Commission of the Decade of the Women of Gabon. It also requests the Government to provide information on: (i) the measures adopted or envisaged to promote equality of opportunity and treatment for men and women, including in relation to employment and occupation; and (ii) information (including statistics) on the activities of the platform for women entrepreneurs since its establishment. In the absence of a response on the following points raised in its previous comments, the Committee reiterates its request concerning the measures adopted to: (i) combat effectively stereotypes regarding women’s aspirations, preferences and professional capacities and their role in society and to enable them to gain access to a broader range of jobs and occupations (through vocational guidance and training free from gender bias); and (ii) resolve the difficulties faced by women in gaining access to resources and means of production, and particularly credit and land. The Government is also requested to provide information on the activities of the Ministry of Equality of Opportunity in relation to the promotion of equality of opportunity and treatment for men and women in employment and occupation.Promotion of equality of opportunity and treatment without distinction on grounds other than sex. In its previous comments, the Committee requested the Government to formulate and implement a national policy on equality of opportunity and treatment without distinction on grounds of race, colour, religion, political opinion, national extraction or social origin. The Committee notes the Government’s indication that since 2016 it has been developing its policy of equality of opportunity and that many seminars have been organized since then to reinforce capacities to combat more effectively undue privilege and social inequality. In this regard, the Committee recalls that the primary obligation of ratifying States is to declare and pursue a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation with a view to eliminating any discrimination in this respect. It also wishes to emphasize that the implementation of a national equality policy in relation to employment and occupation presupposes the adoption of a range of specific measures, which generally consist of a combination of legislative and administrative measures, collective agreements, public policies, affirmative action measures, dispute resolution and enforcement mechanisms, specialized bodies, practical programmes and awareness-raising (2012 General Survey, paragraphs 841 and 848). In light of the above, the Committee urges the Government to indicate any obstacles encountered in completing the formulation of a policy of equality of opportunity, which it indicates that it has been developing since 2016. It also requests the Government to indicate whether it is planned that the national equality policy will also cover the other grounds of discrimination prohibited by the Convention, with an indication of the specific strategies and measures envisaged or adopted with a view to: (i) combating all forms of discrimination on the basis of race, colour, religion, political opinion, national extraction and social origin; (ii) promoting equality of opportunity and treatment in employment and occupation; and (iii) monitoring and evaluating regularly the results achieved as a basis for reviewing and adapting existing measures and strategies, where necessary.Articles 2, 3(d) and 5. Equality of opportunity for men and women in the public service. Special affirmative measures. Quotas. With reference to the under-representation of women at the higher categories (A1 and A2) of the public service, the Committee notes with interest the adoption of Act No. 09/2016 of 5 September 2016 establishing quotas in favour of women and young persons, and particularly a quota under which 30 per cent of higher level State positions are reserved for women. The Committee requests the Government to indicate the measures taken in practice for the implementation of this quota and to provide statistical data on personnel in the public service disaggregated by gender and category, with a view to measuring the impact of this measure on the representation of women in the higher categories of the public service. In the absence of information on this point, the Committee once again requests the Government to provide the conclusions of the audit of the public service carried out in 2016.
Article 1 of the Convention. Gender-based discrimination. In its previous comments the Committee underlined the discriminatory nature of sections 253, 254 and 261 of the Civil Code and noted that an inter-ministerial committee was due to be set up to examine and revise all provisions which were discriminatory against women. The Committee notes the Government’s statement in its brief report that it notes the comments concerning the need to revise the abovementioned provisions of the Civil Code. Recalling that these provisions may have a negative impact on access to employment and occupation for women, the Committee requests the Government to take the necessary steps to ensure that the discriminatory provisions of sections 253, 254 and 261 of the Civil Code are examined and revised within the inter-ministerial committee or in any other appropriate manner. It requests the Government to provide information on progress made on the revision of the legislation and to send copies of any new legal provisions adopted in relation to equality of opportunity and treatment for men and women in respect of employment and occupation.
Sexual harassment. In its previous comments, the Committee expressed the hope that the Government would take the necessary steps to ensure that there is specific legislation prohibiting both forms of sexual harassment in the workplace, that is quid pro quo and hostile work environment harassment, as defined in the general observation of 2002. The Committee notes the Government’s confirmation in its report that legal provisions will be adopted to prevent sexual harassment in the workplace. The Committee requests the Government to supply information on the specific measures taken to incorporate provisions in the legislation to prevent sexual harassment at work, and also on any other measure taken or contemplated to prevent this discriminatory practice.
Equality between men and women in the public sector. The Committee notes that the Government’s report does not contain any reply to its request concerning the participation of women in the public sector. The Committee therefore requests the Government once again to provide information on the measures taken to increase women’s participation in public institutions, including in high-level posts, and to provide all available statistical information on the employment of women in the public sector so that it can better evaluate the impact of the measures taken.
Equality between men and women in the private sector. In its report, the Government again assures the Committee of the effective application of the principle of equality between men and women provided for by section 8 of the Labour Code. Recalling that the existence of national legislation which is in conformity with the Convention is a necessary but not sufficient prerequisite for effective application of the Convention’s principles, the Committee requests the Government to supply information on the specific measures taken to combat gender-based discrimination in the private sector, such as information and awareness-raising campaigns relating to the principle of equality of opportunity and treatment between men and women in employment. It also requests the Government to provide information on the application in practice of section 8 of the Labour Code, particularly infringements reported by labour inspectors and any court decision issued under this section.
The Committee further notes that the Government’s report does not contain any reply to its previous comments on the following points:
National policy. The Committee notes that on 10 August 2006 the Ministry of the Family, the Protection of Children and the Advancement of Women sent a request to the United Nations Development Programme (PNUD/1085/MFPEPF/Cab/DCF) for support in drafting a gender policy on a participatory basis that takes account of all strata of society, with a view to ensuring observance of equity between the sexes and securing social justice. The Committee stresses the importance of a national policy for applying the principle of equality set forth in the Convention. It, therefore, expresses the hope that the Government will soon be able to prepare its gender policy, and encourages the Government to include in the policy provisions on equality of opportunity and treatment between men and women in employment and occupation. It requests the Government to keep it informed of the progress made in this regard.
Discrimination on ground of national extraction. In its previous comments, the Committee noted on the issue of the “Gabonization” of employment that, although the Convention does not prohibit discrimination on grounds of nationality, such practice would be contrary to the principle of the Convention if it led to actual discrimination for reasons of national extraction. The Committee likewise noted that section 8 of the Labour Code prohibits discrimination based on national extraction in employment and working conditions. It reminds the Government that, although legislation is important in order to give effect to the Convention in law, it is not sufficient to secure fulfilment of all the Government’s obligations vis-à-vis the Convention. The Government has a duty to take proactive measures to ensure effective protection against discrimination on all the grounds set out in the Convention for employees in the public and private sectors. It notes that, in its last report, the Government merely indicates that it ensures that its policy of “Gabonization” of employment is not discriminatory. In view of the foregoing, the Committee reiterates its request to the Government to provide specific information on how it ensures in practice that the “Gabonization” policy does not lead to discrimination on the ground of national extraction, i.e. non-employment or dismissal of Gabonese nationals of foreign origin or born abroad, who are treated as non-nationals.
Promoting equality of opportunity and treatment without discrimination on grounds other than sex. The Committee notes that the Government undertakes to send information on the measures taken to promote equal opportunities and to combat discrimination on grounds other than sex. The Committee hopes that the Government will endeavour in its next report to provide full information on this matter.
Part V of the report form. In its previous comments, the Committee noted that the Government was having difficulty providing statistical information disaggregated by sex and by sector of activity. It further noted that the Observatory on the Rights of Women and Equality collects data on equality in various domains. The Committee notes that the Government does not as yet have the information collected by the Observatory on the Rights of Women and Equality. The Committee hopes that the Government will take the necessary measures to disaggregate statistics by sex and by sector of activity to the extent possible, particularly in the case of national censuses. The Committee reminds the Government that it may call upon the ILO for technical assistance in order to improve the collection and processing of statistics. It again expresses the hope that progress will be made in data collection and asks the Government to provide the information collected by the Observatory on the Rights of Women and Equality.
1. Article 1 of the Convention. Gender-based discrimination. The Committee refers the Government to its previous comments on sections 253, 254 and 261 of the Civil Code. The Committee noted previously that, under sections 253 and 254, the husband is the head of the family and determines the place of residence where the wife is required to live unless a court authorizes some other arrangement. Furthermore, section 261 provides that a woman may exercise the occupation of her choice, but that her husband may ask the court to prevent her from doing so in the interest of the family. The Committee points out that these provisions may lead to discrimination against women in employment and occupation. The Committee notes from the responses to a list of questions put by the Committee on the Elimination of Discrimination against Women in its consideration of the combined third and fourth periodic reports (CEDAW/PS/WG/2005/I/CRP.2/Add.2, 6 October 2004, page 4) that, following the presentation of the social and legal study on Gabonese women, the Government decided to set up an inter-ministerial committee for the purpose of reviewing the discriminatory aspects of the various codes as regards women. The Committee notes that the Government undertakes in its report to send the Committee any new provisions concerning the rights and duties of men and women in the family and in the area of employment and training. The Committee hopes that the Government will ensure that the abovementioned inter-ministerial committee will explore and implement the measures needed to revise sections 253, 254 and 261 of the Civil Code in order to bring it in conformity with the provisions of the Convention. It asks the Government to send specific information on the inter-ministerial committee’s work on equal access to employment and training. Please also provide information on the status of the revision of the legislation, particularly sections 253, 254 and 261.
2. Sexual harassment. The Committee recalls that, according to the report submitted by the Government to the Committee on the Elimination of Discrimination against Women, sexual harassment is one of the subjects under discussion in the National Assembly with a view to introducing it into the Penal Code (CEDAW/C/GAB/2-5, 25 June 2003, page 18). The Committee hopes that the Government will take steps to ensure that there is specific legislation prohibiting in the working environment both forms of sexual harassment, i.e. “quid pro quo” and hostile work environment, as defined in the general observation of 2002. The Committee notes that in its latest report the Government undertakes to send the Committee all new information concerning the prohibition and elimination of sexual harassment in employment. The Committee reiterates its request to the Government to send information on progress made in adopting legal provisions to prohibit sexual harassment in employment, and asks it to provide information on any measures taken to prevent and address sexual harassment.
3. Equality between men and women in the public sector. The Committee notes that, following recommendations by the Ministry of the Family, the Protection of Children and the Advancement of Women on increasing the number of women in high-level posts, nine women have been promoted in the Ministry of Labour, two of whom have been appointed to posts of deputy secretary-general and one to deputy general inspector of services, and the others to various posts which are equally important. The Committee encourages the Government to pursue its efforts to increase the percentage of women in management posts and directorships in the public sector. The Committee requests the Government to continue to keep it informed of measures taken to increase women’s participation in public institutions, including in high-level posts. It asks the Government to provide full statistical information in its next report on women’s participation in all categories of employment in the public sector so that it can better assess the impact of the measures taken.
4. Equality between men and women in the private sector. In its previous comments, the Committee pointed out that, according to the report submitted by the Government to the Committee on the Elimination of Discrimination against Women, employers prefer to hire men for certain positions which require regular 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 16). The Government indicates in this connection that section 8 of the Labour Code prohibits all discrimination on the ground of sex and that it ensures scrupulous observance of this provision. The Committee reminds the Government that existence of domestic legislation that is in conformity with the Convention is a necessary but not sufficient prerequisite for effective application of the Convention’s principles. The Government has a duty to take proactive measures to ensure that the legislation concerning the principle of equality of treatment and opportunity between men and women in employment and occupation is correctly and effectively applied. The Committee further notes that, according to the Government, women’s participation in enterprises is on the increase. It notes, however, that the Government provides no statistical information on the proportion of women in the labour market. It reminds the Government that it is important to provide statistical information so that the Committee can better assess progress made by the Government and the challenges that still need to be addressed. The Committee asks the Government to provide information on the measures taken to eliminate gender-based discrimination in the private sector, including information and advocacy campaigns to promote the principle of equality. The Government is also asked to provide information on the practical effect given to section 8 of the Labour Code, and particularly on court decisions handed down thereunder.
5. National policy. The Committee notes that on 10 August 2006 the Ministry of the Family, the Protection of Children and the Advancement of Women sent a request to the United Nations Development Programme (PNUD/1085/MFPEPF/Cab/DCF) for support in drafting a gender policy on a participatory basis that takes account of all strata of society, with a view to ensuring observance of equity between the sexes and securing social justice. The Committee stresses the importance of a national policy for applying the principle of equality set forth in the Convention. It, therefore, expresses the hope that the Government will soon be able to prepare its gender policy, and encourages the Government to include in the policy provisions on equality of opportunity and treatment between men and women in employment and occupation. It requests the Government to keep it informed of the progress made in this regard.
6. Discrimination on ground of national extraction. In its previous comments, the Committee noted on the issue of the “Gabonization” of employment that, although the Convention does not prohibit discrimination on grounds of nationality, such practice would be contrary to the principle of the Convention if it led to actual discrimination for reasons of national extraction. The Committee likewise noted that section 8 of the Labour Code prohibits discrimination based on national extraction in employment and working conditions. It reminds the Government that, although legislation is important in order to give effect to the Convention in law, it is not sufficient to secure fulfilment of all the Government’s obligations vis-à-vis the Convention. The Government has a duty to take proactive measures to ensure effective protection against discrimination on all the grounds set out in the Convention for employees in the public and private sectors. It notes that, in its last report, the Government merely indicates that it ensures that its policy of “Gabonization” of employment is not discriminatory. In view of the foregoing, the Committee reiterates its request to the Government to provide specific information on how it ensures in practice that the “Gabonization” policy does not lead to discrimination on the ground of national extraction, i.e. non-employment or dismissal of Gabonese nationals of foreign origin or born abroad, who are treated as non-nationals.
7. Promoting equality of opportunity and treatment without discrimination on grounds other than gender. The Committee notes that the Government undertakes to send information on the measures taken to promote equal opportunities and to combat discrimination on grounds other than sex. The Committee hopes that the Government will endeavour in its next report to provide full information on this matter.
8. Part V of the report form. In its previous comments, the Committee noted that the Government was having difficulty providing statistical information disaggregated by sex and by sector of activity. It further noted that the Observatory on the Rights of Women and Equality collects data on equality in various domains. The Committee notes that the Government does not as yet have the information collected by the Observatory on the Rights of Women and Equality. The Committee hopes that the Government will take the necessary measures to disaggregate statistics by sex and by sector of activity to the extent possible, particularly in the case of national censuses. The Committee reminds the Government that it may call upon the ILO for technical assistance in order to improve the collection and processing of statistics. It again expresses the hope that progress will be made in data collection and asks the Government to provide the information collected by the Observatory on the Rights of Women and Equality.
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.
The Committee notes the Government’s report, including the information provided in reply to its previous comments.
1. The Committee notes the information provided by the Government with regard to sexual harassment. It notes particularly that sexual harassment is prohibited under section 8 of the Labour Code, which generally prohibits sex discrimination. Complaints can be made to the labour inspector or the courts. The Committee also notes with interest that unions, women’s associations and other NGOs are undertaking awareness activities on the issue.
2. The Committee notes with interest that the Government has taken certain measures to promote the employment of women in jobs and occupations traditionally not held by women, such as technical and industrial jobs, as well as managerial posts and positions of responsibility. The Committee notes in particular that beginning in 2000 the Ministry of Family Affairs, the Protection of Children and the Promotion of Women is implementing gender awareness-raising measures. The Committee also notes the information that young women were encouraged to enrol for technical studies in several universities and schools. The Committee requests the Government to continue to provide information on its efforts to promote women’s participation in education and employment. Noting that a census will be held in 2003, the Government is asked to provide statistical information on women and girls in education and on the participation of women in all areas of economic activity in the private and public sectors, as well as in management jobs or other positions of responsibility. Please also provide further information on the activities of the Ministry referred to above with regard to the promotion of gender equality.
3. The Committee recalls that since 1995 it has been requesting the Government to provide information on the extent of the participation of women in the various courses provided by training, further training and retraining institutions covered by sections 98-103 of the 1994 Labour Code. The Committee notes once more that the Government has no information in this regard at its disposal. The Committee requests the Government to indicate the specific difficulties in obtaining such information and hopes that it will take the necessary measures in this regard, including through a request for technical assistance to the ILO.
4. With reference to its previous comments on this issue of the "gabonization" of employment, the Committee requests the Government to indicate whether it has knowledge of any cases where this policy has led to discrimination on the grounds of national extraction which is prohibited under the Convention (e.g., non-hiring or termination of employment of citizens of Gabon of foreign origin or birth which were believed to be non-citizens).
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. The Committee notes the assurances given by the Government that measures undertaken to obtain the statistical data requested on the participation of women in various courses provided by training, further training and retraining institutions covered by sections 98 to 103 of the new Labour Code have not yet taken effect, but will be forwarded to the Committee as soon as they become available. 2. The Committee notes with interest the statistical data on employed persons, disaggregated by sex and national extraction, compiled from the general census of population and habitat carried out in July 1993, from which it emerges that: (a) fewer than 10 per cent of women are employed in top- or medium-level positions in the public or private sector; (b) more than 60 per cent of working women in 1993 were employed in the agricultural sector and, in particular, in subsistence farming; (c) the remaining 30 per cent are mainly employed as office workers, cashiers and unskilled workers (in practice, in services and as street traders). In light of these statistics, the Committee reiterates its request for a copy of the national report submitted to the Fourth World Conference on Women held in Beijing in September 1995, and requests the Government to indicate the measures taken or envisaged to increase the participation of women in public and private sector employment, and not only in posts and occupations traditionally held by women, which are generally of a low level of skill and responsibility, but also in technical and industrial jobs, managerial posts and positions of responsibility. 3. The Committee notes the information provided by the Government in respect of "Gabonization" of positions. In this respect, the Committee is bound to emphasize that, while the Convention does not prohibit discrimination in occupation and employment on grounds of nationality, it does prohibit discrimination made on the basis of national extraction. The provisions of Convention No. 111 clearly prohibit distinctions made between citizens of the same country in respect of birthplace or national extraction. The Committee, therefore, requests the Government to indicate the measures taken or envisaged to ensure that the policy of "Gabonization" of employment which has been implemented does not indirectly result, in practice, in discrimination in employment and occupation, based on national extraction.
1. The Committee notes the assurances given by the Government that measures undertaken to obtain the statistical data requested on the participation of women in various courses provided by training, further training and retraining institutions covered by sections 98 to 103 of the new Labour Code have not yet taken effect, but will be forwarded to the Committee as soon as they become available.
2. The Committee notes with interest the statistical data on employed persons, disaggregated by sex and national extraction, compiled from the general census of population and habitat carried out in July 1993, from which it emerges that: (a) fewer than 10 per cent of women are employed in top- or medium-level positions in the public or private sector; (b) more than 60 per cent of working women in 1993 were employed in the agricultural sector and, in particular, in subsistence farming; (c) the remaining 30 per cent are mainly employed as office workers, cashiers and unskilled workers (in practice, in services and as street traders). In light of these statistics, the Committee reiterates its request for a copy of the national report submitted to the Fourth World Conference on Women held in Beijing in September 1995, and requests the Government to indicate the measures taken or envisaged to increase the participation of women in public and private sector employment, and not only in posts and occupations traditionally held by women, which are generally of a low level of skill and responsibility, but also in technical and industrial jobs, managerial posts and positions of responsibility.
3. The Committee notes the information provided by the Government in respect of "Gabonization" of positions. In this respect, the Committee is bound to emphasize that, while the Convention does not prohibit discrimination in occupation and employment on grounds of nationality, it does prohibit discrimination made on the basis of national extraction. The provisions of Convention No. 111 clearly prohibit distinctions made between citizens of the same country in respect of birthplace or national extraction. The Committee, therefore, requests the Government to indicate the measures taken or envisaged to ensure that the policy of "Gabonization" of employment which has been implemented does not indirectly result, in practice, in discrimination in employment and occupation, based on national extraction.
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:
1. It notes with interest the adoption, with the technical assistance of the ILO, of Act No. 3/94 of 21 November 1994 to issue the new Labour Code, section 8 of which prohibits any discrimination in employment and conditions of work on the basis of all the criteria set out in Article 1, paragraph 1(a), of the Convention. It also notes that, in accordance with section 103 of the Code, workers of both sexes have the same right of access to all vocational training, further training and retraining institutions. The Committee requests the Government to provide information with its next report in order to enable it to ascertain that the provisions of the new Code are given effect in practice, and particularly to supply statistical data on the participation of women in the various courses provided by the vocational training, further training and retraining institutions covered by sections 98 to 103.
2. The Committee notes that the Government considers, contrary to the opinion of the Trade Union Confederation of Gabon (COSYGA) noted in its previous direct request, that with better collaboration among the social partners and between them and the Government, it would be easy to compile a national file of enterprises and to provide employment statistics at regular intervals. In this respect, it counts on the effectiveness of the Employment Office to produce reliable statistics in the near future. The Committee once again hopes that the next report will contain statistical data on the distribution of workers in the public and private sectors, disaggregated by sex. It would be grateful to receive detailed information on the specific measures taken, and the results achieved, to increase the participation of women in public and private employment, and not only in posts and occupations traditionally held by women, which are generally of a low level of skills and responsibility, but also to technical and industrial jobs, managerial posts and positions of responsibility, where women are still a very small minority. It would also be grateful to receive a copy of the national report on the situation of women in Gabon submitted to the Fourth World Conference on Women, held in Beijing in September 1995.
3. It also requests the Government to attach to its next report statistics on employed persons, if possible disaggregated by sex and national extraction, compiled from the general census of population and habitat carried out in July 1993, which the Government stated were attached to the report, but which have not been received by the Office.
The Committee notes the information provided in the Government's reports.
1. The Committee notes the Government's indication that statistical data on persons employed in the private sector are not yet available but that it hopes to send them under separate cover. In this connection, it also notes the statement made by the Gabon Trade Union Confederation (COSYGA) to the effect that there is no question of reliable statistics on employment, disaggregated by sex, national extraction, age, etc. becoming available for the time being and that an attempt by COSYGA to obtain such information (by sending out questionnaires to various enterprises) failed in 1990. The Committee draws the Government's attention to paragraph 247 of its 1988 General Survey on Equality in Employment and Occupation, in which it indicates that improvement in the means available for compiling information on direct and indirect forms of discrimination based for example on sex, national extraction and all the other grounds listed in the Convention is indispensable if progress is to be made in the elimination of discrimination and the promotion of equality. The Committee therefore hopes that in its next report the Government will provide the information requested, and particularly statistical data on the distribution of workers in the private sector disaggregated by sex, and if possible, national extraction, age, etc.
2. 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 all discrimination, particularly on grounds of sex, religion, political opinion, national extraction or social origin, and to report on the results obtained. In this connection, the Committee refers to paragraphs 15, 157 and 170 of its 1988 General Survey, in which it stresses the positive nature of the measures required to implement the national policy provided for in Articles 2 and 3 of the Convention and the need to provide particulars of action undertaken and the results obtained.
3. The Committee again asks the Government to provide information (statistics, studies and reports, if any) on any further improvement in women's access to jobs in the public sector, not only to posts and occupations traditionally held by women, but also to those which are not, and to posts of responsibility.
With reference to its previous direct requests, the Committee notes the Government's very brief report.
1. The Committee notes the information supplied by the Government in reply to its previous comments. The Committee notes the provisions of section 7 of Act No. 2/81 of 8 June 1981 to issue the general conditions of service of public servants, by virtue of which no distinction is made between the two sexes for the application of the above conditions of service. The Committee requests the Government to supply information on any development or progress concerning the participation of women in the various types of activity, and particularly in the public service.
2. With regard to the private sector, the Committee once again requests the Government to supply statistics of persons employed in this sector (denoted by sex, national extraction, age, etc.). The Committee hopes that these data (which could be compiled in accordance with the suggestions made by the Gabonese Employers' Confederation in the comments it addressed to the Ministry of Labour in August 1988 and which were transmitted to the ILO by the Government) will be communicated with the next report, and that the report will also indicate any positive measures taken to implement the national policy to ensure equality of opportunity and treatment in employment, and to eliminate all discrimination on grounds of race, sex, religion, political opinion, national extraction or social origin, in accordance with the principle laid down by the Convention.
1. The Committee notes the information provided by the Government in response to its previous comments and notes with interest, from the statistics forwarded with the report, the increase in the proportion of women employed in the public sector, particularly in teaching - especially primary and secondary-school teaching - and in the health services.
2. The Committee also notes the information contained in the report of the State Secretariat for the Promotion of Women, which indicates that a number of women already hold middle-management posts in a variety of activities but that very few of them accede to higher-management posts. The Committee hopes that the Government will continue to make efforts to encourage the access of women to education and training both for trades and occupations in which women are traditionally employed and for other jobs, in order to facilitate the integration of women into the workforce. The Committee asks the Government to provide information on any further progress made to this end. It would also like to receive copies of special rules applying to certain categories of public servants, which reserve access to certain jobs to candidates of one or other sex, in accordance with section 7 of the Act to establish the general conditions of service of public servants.
3. With regard to the private sector, the Committee notes the Government's statement that the statistics of persons employed in this sector (denoted by sex, national extraction, age, etc.) are not yet available. The Committee hopes that these data (which might be compiled in accordance with the suggestions made by the Gabonese Employers' Confederation in its comments, addressed to the Ministry of Labour in August 1988 and transmitted to the ILO by the Government) will be communicated with the next report, and that the report will also indicate any positive measures taken to implement the national policy to ensure equal opportunity and treatment in employment, and to eliminate all discrimination on grounds, of race, sex, religion, political opinion, national extraction or social origin, in accordance with the principle laid down by the Convention.
4. The Committee also takes note of the judicial decisions transmitted by the Government, and the comments of the Gabonese Employers' Confederation concerning the policy of "Gabonisation". The Committee hopes that when implementing this policy, the Government will take account of Article 4 of the Termination of Employment Convention, 1982 (No. 158) (also ratified by Gabon), under which the employment of a worker shall not be terminated unless there is a valid reason for such termination connected with the capacity or conduct of the worker or based on the operational requirements of the undertaking, establishment or service.