Demande directe (CEACR) - adoptée 2000, publiée 89ème session CIT (2001)

The Committee notes the information contained in the Government’s report and attached documentation, particularly the copies of Constitutional Act No. 1/93 of 26 February 1993 and Decree No. 12-A/94 of 28 February 1994 (the Civil Service Act).

1.  The Committee notes with interest that section 22(1)(b) of the Civil Service Act provides that the recruitment and selection process for civil service staff must provide for, inter alia, "equality of conditions and opportunities for all candidates". The Committee notes that the Act is gender-neutral, including with regard to the allocation of employment-related benefits such as family allowances (see sections 71-76). The Committee further notes from the report that positive measures have been taken with respect to women, which have resulted in an increased percentage of women employed in both the public and private sectors. The Committee requests the Government to supply, in its next report, detailed information on the nature of the positive measures taken to promote women’s employment in Guinea-Bissau, including statistical data showing the percentages of men and women in public sector employment and their distribution in the different categories and at the different levels (1-5) of the public administration.

2.  The Committee notes from the report that, due to the political/military conflict, no training or retraining programmes were conducted during the reporting period. It requests the Government to supply information, once the programmes resume, on the nature of the vocational training and retraining programmes provided in enterprises and by the Technical Institute of Vocational Training and the percentages of men and women workers participating in the various programmes. Referring to its earlier requests for information on this point, the Committee would be grateful if the Government would provide the documents from the National Vocational Training Institute (INAFOR) on the percentages of men and women participating in the training programmes, as well as the regulations governing INAFOR, which the Government stated had been supplied with its 1995 report, but which were not received by the Office.

3.  The Committee notes the Government’s indication that no supplementary legislation has been enacted pursuant to section 155(4) of the General Labour Act, 1996, to establish conditions for or prohibitions against the employment of women in certain jobs. It also requests the Government to keep it informed of developments in this regard and to provide copies of any such supplementary legislation that may be adopted in the future. In this context, noting from the report that specific employment policy measures directed at women were issued by the former Ministry of Social Affairs and the Promotion of Women, the Committee would be grateful if the Government would supply a copy of the policy documents in its next report.

4.  In respect of its previous comments regarding the practical application of section 156(1) of the General Labour Act, 1996, the Committee notes the Government’s indication that, should discrimination on the basis of sex occur, the General Labour Inspectorate could intervene. The Committee again requests the Government to please supply concrete information on the practical application and enforcement of section 156(1) (protection against direct and indirect sex discrimination). Specifically, the Government is requested to provide information on any judicial or administrative decisions referring to section 156(1) as well as information on any complaints alleging a violation of said provision, including statistical data on the number of inspections conducted during the reporting period, the violations identified, the action taken and the outcomes. In this regard, the Government is requested to indicate any training provided to labour inspectors relevant to the application of the principle of non-discrimination set forth in the Convention.

5.  Noting that no complaints of discrimination on the basis of sex have been brought by women concerning access to employment, the Committee requests the Government to supply information on the measures taken to disseminate information to the public on the rights and remedies available to protect them against discrimination in employment and occupation.

6.  The Committee would be grateful if the Government would provide detailed information in its next report on the measures taken to promote the application of the principle of equal opportunity and treatment in employment and occupation on all the grounds, other than sex, set forth in Article 1(1)(a) of the Convention.