Observation (CEACR) - adoptée 2020, publiée 109ème session CIT (2021)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - Guinée-Bissau (Ratification: 1977)

Autre commentaire sur C111

Observation

2020

Demande directe

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The Committee takes note of the Government’s report.

Article 1 of the Convention. Legislative protection against discrimination. The Committee recalls that article 24 of the Constitution and sections 24(d) and 155 of the General Labour Act No.2/86 do not prohibit discrimination on the grounds of colour, social origin and national extraction, which are listed in Article 1(1)(a) of the Convention, and that domestic workers are explicitly excluded from the scope of application of the General Labour Act (section 1(2)). The Committee previously noted that the Government was in the process of elaborating a new Labour Act, and that the draft Uniform Labour Act of the Organization for the Harmonization of Business Law in Africa (OHADA), which will have direct force of law in Guinea-Bissau once it is adopted, includes provisions prohibiting discrimination in employment and occupation in accordance with the Convention. The Committee notes the Government’s indication in its reports that: (1) a request was made to place the new Labour Act on the agenda of the People’s National Assembly; and (2) the draft Uniform Labour Act of OHADA has not been adopted yet as a result of disagreements expressed by the Member States of OHADA (which has 17 Member States), as some provisions of the draft Uniform Labour Act are incompatible with their national legislation. It further notes that in July 2019, Ministers of the Economic Community of West African States (ECOWAS) adopted a draft Directive of Minimum Standards towards Harmonization of Labour Laws in ECOWAS Member States, elaborated in collaboration with the ILO. While aware of the difficulties facing the country, the Committee urges the Government to take measures in the near future to ensure that any new legislation: (i) prohibits direct and indirect discrimination on at least all the grounds enumerated in Article 1(1)(a) of the Convention, including colour, national extraction and social origin, with respect to all aspects of employment and occupation; and (ii) covers all categories of workers, in both the formal and informal economy, including domestic workers. It asks the Government to provide information on: (i) any progress made in this regard, in particular concerning the adoption of the draft new Labour Act, the draft Uniform Labour Act of OHADA, and the draft Directive of Minimum Standards towards Harmonization of Labour Laws of ECOWAS; and (ii) the specific measures implemented to ensure that the protection of men and women workers against discrimination in employment and occupation is ensured in practice, in particular for domestic workers who are excluded from the scope of the General Labour Act.

General observation of 2018. 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 asks the Government to provide information in response to the questions raised in that observation.

Articles 2 and 3. Equality of opportunity and treatment for men and women. The Committee notes with interest : (1) the adoption of the Gender Parity Act No. 4/2018, promulgated in December 2018, which provides for a minimum representation of 36 per cent of women candidates on party lists for legislative and local elections or appointments to the National Assembly and local governments; as well as (2) the adoption of the Second National Policy for the Promotion of Gender Equality and Equity (PNIEG II) in 2016 as well as of its Action Plan 2016–25. It notes that, according to the PNIEG II, the situation of women in education and employment is characterized, inter alia, by: (1) a high illiteracy rate (56 per cent), a low school enrolment rate (67 per cent) and a significant school drop-out rate (18 per cent); (2) a lack of specialized training in different technical and occupational areas; (3) discrimination on the basis of sex; (4) a lack of knowledge of their rights and a traditional culture of silence; and (5) the lack of strategy to promote entrepreneurship, which all limit their economic independence. It further notes that the PNIEG II sets as specific objectives and actions: (1) the adoption of an agenda on gender equality and equity in education; (2) the enhancement of women’s access to higher education and vocational training, particularly in the sciences, as well as the access of women and men to equal productive and economic opportunities; (3) the enhancement of women’s empowerment and entrepreneurship, including by ensuring access to credit for 35 per cent of women; (4) the promotion of women’s participation in public and political life and decision-making; and (5) the implementation of awareness-raising activities on gender equality instruments adopted at national and international levels. Furthermore, the Committee notes that the Strategic and Operational Plan “Terra Ranka” 2015–20 provides for the implementation of projects promoting women’s entrepreneurship. The Committee welcomes these initiatives and notes that, according to the United Nations Development Programme (UNDP), while the participation rate of women in the labour market has increased slightly since 2013 (67.3 per cent in 2019 compared to 66.5 per cent in 2013), it still remains substantially lower than that of men (78.9 per cent in 2019). Furthermore, according to the 2019 report of the United Nations Secretary-General on developments in Guinea-Bissau and the activities of the United Nations Integrated Peacebuilding Office in Guinea-Bissau, despite the adoption of the Gender Parity Act, in the March 2019 legislative elections only 13 women secured parliamentary seats, the same number as in the previous legislature before the enactment of the Act (S/2019/664, 7 February 2019, paragraphs 10 and 68). While acknowledging the financial constraints faced by the country, the Committee notes that, as recently highlighted in the context of the Universal Periodic Review (UPR): (1) the low human development indicators in Guinea-Bissau particularly affect women and the gender inequality gap is still very wide; and (2) there is a great need to reinforce positive social norms to prevent cultural and traditional practices that discriminate against women, particularly with regard to women’s access to land and economic resources, which remains very limited in practice (A/HRC/WG.6/35/GNB/2, 4 November 2019, paragraphs 11, 41 and 62; and A/HRC/29/31/Add.1, 1 April 2015, paragraphs 27 and 38). Concerning education, the Committee notes that, according to the 2019 UNICEF Country Office Annual Report, almost half of girls who were enrolled in primary school dropped out before completing, mainly because of early pregnancy or early marriage. It refers, in that regard, to its 2019 direct requests on the application of the Minimum Age Convention, 1973 (No. 138), and the Worst Forms of Child Labour Convention, 1999 (No. 182), in which it expresses concern at the gender and geographical disparities with regard to access to and the quality of education, particularly regarding the situation of girls in foster families, who are exposed to various forms of exploitation and are denied education. In light of the persistent gender stereotypes that shape the roles and responsibilities of women and men in all spheres of life, the Committee asks the Government to take proactive measures to ensure the effective implementation of the Second National Policy for the Promotion of Gender Equality and Equity and its Action Plan 2016–25, as well as of the Strategic and Operational Plan “Terra Ranka” 2015–20, to improve equality of opportunity and treatment between men and women in all aspects of employment and occupation through the adoption of effective measures to: (i) enhance women’s entrepreneurship and access to vocational training, the labour market, land and credit; and (ii) improve the net school attendance rate for girls, while reducing their early drop-out from school. It asks the Government to provide information on the results of the actions and programmes implemented to that end and on any activities undertaken, including in collaboration with employers’ and workers’ organizations, to raise public awareness and understanding of the Convention among workers, employers and their representative organizations, as well as among law enforcement officials.

Article 5. Restrictions on the employment of women. Prohibition of night work by women. The Committee recalls that the General Labour Act provides for: (1) the adoption of supplementary legislation to prevent women from being employed in hazardous occupations (section 155(4)); and (2) the prohibition of night work by women, except in managerial posts or posts of a technical nature involving responsibility, in hygiene, health or social welfare services, in the event of unforeseeable situations of force majeure, and in posts which by their nature can only be performed at night (section 160). The Committee wishes to recall that protective measures for women may be broadly categorized into those aimed at protecting maternity in the strict sense, which come within the scope of Article 5, and those aimed at protecting women generally because of their sex or gender, based on stereotypical perceptions about their capabilities and appropriate role in society, which are contrary to the Convention and constitute obstacles to the recruitment and employment of women. In addition, provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health (2012 General Survey on the fundamental Conventions, paragraphs 839 and 840). In light of the prevailing gender stereotypes, the Committee urges the Government to review the prohibition of night work by women and its approach regarding restrictions on women’s employment. It asks the Government to take the necessary measures to amend sections 155(4) and 160 of the General Labour Act, in particular in the context of the ongoing legislative developments, to ensure that any restrictions on the work that can be performed by women are limited to maternity protection in the strict sense, and are not based on stereotypical perceptions about their capabilities and role in society which would be contrary to the Convention. It asks the Government to provide information on any progress made in this regard.

The Committee is raising other matters in a request addressed directly to the Government.