Demande directe (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - Congo (Ratification: 1999)

Autre commentaire sur C111

Observation

Demande directe

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The Committee notes with deep concern that the Government’s report, which has been due since 2018, has not been received. In light of the urgent appeal that it made to the Government in 2021, the Committee is proceeding with the examination of the application of the Convention on the basis of the information at its disposal.

Article 1(1)(a) of the Convention. Indigenous peoples. In its previous comments, the Committee recalled that, in his 2011 report, the United Nations Special Rapporteur on the rights of indigenous peoples emphasized that the vulnerable situation of these peoples is “inextricably linked to historical and ongoing patterns of discrimination” and that “such discrimination has been reinforced by stereotypes [which have] entrenched discriminatory attitudes and led to social relationships that perpetuate exclusion and acute marginalization of indigenous peoples.” It also requested the Government to provide information on the measures taken to give effect to Act No. 5-2011 of 25 February 2011 on the promotion and protection of the rights of indigenous populations, which prohibits and establishes criminal penalties for any form of discrimination in relation to the access of indigenous populations to employment, working conditions, vocational training, remuneration and social security. The Committee welcomes the inclusion of provisions in the 2015 Constitution explicitly indicating that “the law shall guarantee and ensure the promotion and protection of the rights of indigenous populations” (Article 16). It also notes the Government’s indication, in its national report to the United Nations Human Rights Council within the framework of the Universal Periodic Review that the Directorate General for the Promotion of Indigenous Peoples was established in 2017 under the Ministry of Justice, Human Rights and the Promotion of Indigenous Peoples and that two national action plans have been prepared to improve the quality of life of indigenous peoples (PAN/AQVPA) for the period 2009-13 and then 2014-17 (A/HRC/WG.6/31/COG/1, 14 September 2018, paragraphs 24 and 102). The Committee notes that a new Plan of Action for the Improvement of the Quality of Life of Indigenous Populations has been adopted for the period 2018-22, which includes the rights to education and economic and social rights as priority fields and recognizes that “indigenous peoples suffer from centuries of discrimination, economic exploitation, extreme poverty and difficulties of access to basic social services, land and resources”. The objectives of the Plan of Action include “ensuring that the members of indigenous populations are free, equal in dignity and in law and are not the victims of any discrimination on the basis of indigenous origin or identity”. It also provides for support for vocational training and employment promotion and recruitment initiatives for indigenous populations in societies and income-generating activities. The Committee also notes the 2020 report of the United Nations Special Rapporteur on the rights of indigenous peoples, who observes, among other matters, that: (1) indigenous peoples, “whether they live in a more urban setting or on the margin of the forest, continue to experience high levels of discrimination” and “are not systematically consulted, nor is their consent systematically sought, in decisions concerning them”; and (2) they “remain in a position of stark disempowerment that can only be reversed through financial and political commitments to fully implement” Act No. 5-2011 and its implementing decrees. In her report, the Special Rapporteur takes up the recommendations made by her predecessor in 2010, including the development of “a national campaign against discrimination, economic development that has due regard for indigenous culture, identity, rights over land and resources, and enhanced participation in decision-making […]”. She also recommends that: (1) “the access of indigenous women to decent salaries and conditions of work should be given special attention in income-generating projects so as to foster their social and economic empowerment; (2) indigenous peoples should be associated with the preparation of vocational education and training programmes “to increase their access to employment in the private and public sectors”; and (3) employers, “in consultation with communities and with the support of the Government”, should be “encouraged to adapt workplace environments and conditions to the social, cultural and economic particularities of local indigenous peoples” (A/HRC/45/34/Add.1, 10 July 2020, paragraphs 59, 62, 105, 106 and 107). In light of the above, and taking into account the absence of changes in the socio-economic situation of indigenous peoples, the Committee requests the Government to take effective measures to:

(i)give effect in practice to Act No. 5-2011 and the Plan of Action to improve the quality of life of indigenous populations;
(ii)inform the communities concerned and the bodies and/or persons responsible for the application of the law of their rights under Act No. 5-2011, including in relation to access to justice; and
(iii)combat discrimination, stereotypes and prejudices of which they are victims and promote a climate of respect and tolerance between all sections of the population.

It requests the Government to provide information on any measures adopted in this respect and on the effect given to the recommendations of the United Nations Special Rapporteur in her 2020 report, particularly concerning the implementation of a national campaign against discrimination.

Article 2. Equality of opportunity and treatment for men and women. The Committee recalls that, in its previous comments, it emphasized the difficulties experienced by girls and women in rural areas in accessing education, the high drop-out rates of girls at all levels of education, the lower literacy rates of women compared to men, the occupational segregation suffered by women and their over-representation in the informal economy (with no social security or other benefits) and their difficulties in accessing credit. It also requested the Government to provide information on the implementation of the 2017 gender policy. The Committee notes the concluding observations of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), in which it emphasizes the initiatives taken by the Government to train teenage mothers to become self-employed and to ensure that women working in the informal sector have access to the National Social Security Fund. It also observes that CEDAW expresses concern at the low levels of employment of women, with 70 per cent of women working in the informal economy (CEDAW/C/COG/CO/7, 14 November 2018, paragraph 42). The Committee also notes the detailed information contained in the national report of May 2019 on the implementation of the Beijing Declaration and Platform for Action 1995 (Beijing +25 national report) on achievements (essentially at the institutional level and in relation to property), priorities (income-generating activities, entrepreneurship, technical education, etc.) and difficulties and failures (persistence of illiteracy of women and girls, discrimination and violence against them, absence of social protection and reliable data, etc.) in relation to gender equality. The Committee requests the Government to provide information on any measures taken to:

(i)diversify the supply of vocational training for women with a view to enabling them to access better paid jobs with career prospects in traditionally male occupations;
(ii)actively combat vertical and horizontal occupational segregation between men and women;
(iii)improve the access of women to formal jobs and productive resources, such as credit and land, particularly within the framework of the implementation of Act No. 21-2018 of 13 June 2018 establishing rules for the occupation and acquisition of land;
(iv)inform women and girls of their rights, particularly when new laws are adopted, and the opportunities available through development and other programmes; and
(v)raise the awareness of employers, workers and their organizations concerning the principle of equality for men and women in employment and occupation.

The Committee also requests the Government to indicate whether the results of the National Gender Policy (2017-21) concerning the training and employment of women have been evaluated and provide information on the findings and on the adoption of any new gender policy and its content in relation to the promotion of gender equality in employment and occupation.

Article 5. Special measures of protection. Restrictions on the employment of women. The Committee recalls that, in accordance with section 112 of the Labour Code, the Government has the authority to prohibit, by decree, the access of women to certain jobs, subject to the opinion of the National Employment Advisory Commission, and that it previously requested the Government to indicate how this issue had been addressed in the context of the revision of the Labour Code. It notes that the preliminary draft of the Labour Code provided to the Office in February 2022 contains provisions that are identical to those of the current Labour Code. The Committee recalls that there has been a progressive shift over time from a purely protective approach concerning the employment of women to a strategyintended to ensure genuine equality between men and women and to eliminate all discriminatory laws and practices. Protective measures for women may be broadly classified into two categories: those aimed at protecting maternity in the strict sense, which come within the scope of Article 5, and those aimed at protecting women generally, based on stereotypical perceptions of their capabilities and role in society, which are contrary to the Convention and constitute obstacles to the recruitment and employment of women (2012 General Survey on the fundamental Conventions, paragraphs 838-839). The Committee also recalls that it considers that 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. Restrictions on the employment of women (who are not pregnant or breastfeeding) are contrary to the principle of equality of opportunity and treatment for men and women, unless they consist of genuine protection measures adopted to protect their health. Such protection measures must be determined on the basis of the results of a risk assessment demonstrating the existence of specific risks for the health and/or safety of women. Consequently, any such restrictions must be justified and based on scientific proof and, where they exist, must be re-examined periodically in light of technological developments and scientific progress to determine whether they are still necessary. The Committee also recalls that it will undoubtedly be necessary to examine what other measures, such as improved health protection of both men and women, adequate transport and security, as well as social services, are necessary to ensure that women have the same opportunities as men to access these types of employment (2012 General Survey, paragraph 840). The Committee also emphasizes the need to adopt measures and establish services to enable workers with family responsibilities, and particularly women, who continue to bear an inequitable burden of these responsibilities, to reconcile work and family life. The Committee therefore requests the Government to ensure that any provisions in the preliminary draft of the Labour Code that establish restrictions or limitations on the employment of women (in general) take into account the above elements, and particularly to ensure that any restrictions on the access of women to certain jobs are strictly limited to maternity protection and/or based on the results of a risk assessment showing the existence of specific risks for the health and/or safety or women. It once again requests the Government to indicate the types of work prohibited for women, under the terms of section 112 of the Labour Code that is currently in force and, where appropriate, to provide copies of the respective regulations.

Statistics. The Committee notes that the difficulties indicated by the Government in its national Beijing +25 report include the lack of reliable data disaggregated by sex, of reliable information on gender disparities and the inadequacy of up-to-date data on the informal economy, in which many women work. The Committee requests the Government to take measures for the collection and compilation of data on the employment of men and women, if possible by economic sector, including the public sector, and to provide this data. The Committee recalls that the Government may avail itself, if it so wishes, of ILO technical assistance for this purpose.