Demande directe (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - Gabon (Ratification: 1961)

Autre commentaire sur C111

Observation

Demande directe

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Article 1 of the Convention. Discrimination based on sex. Legislation. With regard to the provisions that discriminate against women set out in sections 253 (the husband is the head of family), 254 (the husband determines the place of family residence) and 261 (the exercise of an occupation by women) of the Civil Code, which, in practice, can result in obstacles to the employment of women, the Committee notes that, according to the Government’s report, two Bills to repeal and amend Act No. 19/89 of 30 December 1989 adopting the Civil Code have been submitted to Parliament. The Committee trusts that the provisions of the Civil Code which discriminate against women will be repealed in the near future and requests the Government to provide a copy of the amended Civil Code. Regarding night work of women, as regulated by sections 167 and 169 of the Labour Code, the Committee requests the Government, in the context of the process of revising the Labour Code, to critically review these provisions in light of the principle of equality of opportunity and treatment for men and women, while examining whether there is a need to adopt measures for the security and development of adequate means of transport, with a view to ensuring that the provisions of the Labour Code do not constitute an obstacle to the employment of women.

Sexual harassment. The Committee notes the Government’s indication that the draft revision of the Labour Code contains provisions prohibiting sexual harassment. The Committee recalls the importance of clearly defining and prohibiting both quid pro quo and hostile environment sexual harassment (see General Survey on fundamental Conventions, 2012, paragraphs 789–794). The Committee hopes that the draft revision of the Labour Code will soon be adopted and that it will define and explicitly prohibit sexual harassment (both quid pro quo and a hostile work environment), and invites the Government to send the draft text to the Office for technical advice. The Committee also encourages the Government to implement awareness raising and preventive measures against sexual harassment, such as leaflets and information meetings and campaigns, and to indicate the measures taken in this respect. Please also provide information on activities by workers’ and employers’ organizations to raise awareness and provide information on sexual harassment at work.

National policy on equality. Equality between men and women. The Committee notes the Government’s indication that the National Equality and Gender Equity Strategy, adopted in 2010, has still not been implemented, and that the Ministry is still seeking funding and technical support. The Committee observes that the strategy document contains an analysis of gender inequalities and disparities, according to which women are poorer, more exposed to unemployment, less educated and less well trained than men. According to the Strategy, there is a high level of discrimination in access to employment; women are faced with problems relating to access to land, production factors, inputs, technical supervision, agricultural information and credit, and do not know their rights. The Committee also notes that the strategy document identifies many texts containing provisions which discriminate against women, including with regard to recruitment in the fields of security and defence, and emphasizes the inadequacy of existing legislation, for example with regard to inheritance. The Committee requests the Government to provide information on the measures taken to implement the 2010 National Equality and Gender Equity Strategy to promote equality of opportunity and treatment between men and women with respect to education, vocational training, employment and occupation, and to repeal the discriminatory legal provisions to which it has referred. The Committee also requests the Government to take the necessary measures to ensure that the existing legislation is enforced and the difficulties faced by women in accessing resources and production factors, particularly credit and land are remedied. Please supply information on the measures taken in this regard.

Equality between men and women in the public service. In its previous comments, the Committee noted that women were under-represented in all public service categories, and that they accounted for only 30 and 35 per cent respectively of staff in the top two categories, A1 and A2 (as at December 2006). The Committee reiterates its request for information on the specific measures taken to promote, in practice, equality of opportunity between men and women in the public service, and particularly to increase the number of women in the top categories (A1 and A2), for example through continuous training, and it requests the Government to continue to provide statistical data, disaggregated by sex, on the number of public servants by category.

Discrimination based on national extraction, race colour or religion. With regard to the policy of the “Gabonization” of employment, taking into account the explanations provided previously by the Government, the Committee requests it to remain vigilant concerning the risk of discriminatory practices based on national extraction, race, colour or religion in the context of the implementation of this policy. The Committee also invites the Government to re examine periodically its effects on the hiring or dismissal of Gabonese nationals who, due to their foreign origin, race, colour or religion, could be treated as non-nationals.

Promotion of equality of opportunity and treatment without distinction on grounds other than sex. The Committee reiterates its request to the Government to take the necessary steps to examine existing inequalities in the country so as to determine the necessary measures to bring them to an end, and to provide information on the measures taken to declare and pursue a national policy on equality of opportunity and treatment without distinction based on race, colour, religion, political opinion, national extraction or social origin.

Non-discrimination and equality of opportunity and treatment. Indigenous peoples. The Government indicates that education is accessible to all children without distinction, and that in employment and the exercise of their traditional and subsistence activities, “Pygmies” do not suffer from any discrimination and are treated on an equal footing with all citizens of Gabon. The Committee also notes that an Indigenous Peoples Development Plan (PSFE) was adopted in July 2005, in the context of the Forest and Environment Sector Programme (FESP). The main objectives of the Plan include the establishment of “conditions of legality and equality for the Babongo, Bakoya, Baka, Barimba, Bagama, Bakouyi and Akoa (identity card)” and the development of a national policy for indigenous peoples. The Committee notes that the Development Plan identifies a number of obstacles faced by indigenous peoples, including of an institutional, legal, technical and financial nature, and details the measures to be taken to address them. The Plan also highlights that a “national literacy strategy for Pygmies” has been developed, but the Government has still not adopted the general policy on the means of assisting indigenous peoples to combat poverty and to protect and respect their dignity, their rights and cultural origins, and to ensure that they receive equivalent or higher benefits in all government interventions. Recalling that an effective equality policy needs to include measures aimed at correcting de facto inequalities of which certain categories of the population are victims, the Committee asks the Government to provide detailed information on the following points:

(i) data disaggregated by sex on the situation of “Pygmies” in Gabon, indicating traditional activities and salaried employment respectively;
(ii) the measures taken to implement the 2005 PSFE;
(iii) the progress in the work to develop a national policy for indigenous peoples, as envisaged in the PSFE, to give them access in law, and also and in particular in practice, to all levels of education and employment, to exercise their traditional and subsistence activities and to benefit from equality of treatment in employment and occupation;
(iv) the measures taken or envisaged to ensure indigenous peoples are aware of their rights and to allow them to participate in decisions which concern them; and
(v) the measures taken or envisaged to raise the awareness of other members of the population on the culture and way of life of indigenous peoples and to encourage mutual tolerance.

Statistics. The Committee requests the Government to take the necessary measures to collect data on the status of men and women in employment, by economic sector and occupation, and asks it to provide this information as soon as it becomes available.