Demande directe (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

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.