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Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Guinea - Bissau (RATIFICATION: 1977)

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee previously noted that, while no specific provision address the issue of sexual harassment in national legislation, the adoption of the draft Uniform Labour Act of the Organization for the Harmonization of Business Law in Africa (OHADA), which is intended to have direct force of law in Guinea-Bissau once it is adopted, would fill the existing legislative gap. The Committee notes the Government’s indication, in its reports, that the draft Uniform Labour Act of OHADA has not been adopted yet as a result of disagreements expressed by States which are members of the OHADA, some provisions of the draft Act being incompatible with their national legislation. The Government adds that several activities are planned for 2020 by the Labour and Social Dialogue Council under the coordination and supervision of the General Directorate for Labour, Employment and Vocational Training, in order to raise awareness about sexual harassment. The Committee welcomes the adoption of the Domestic Violence Act No.6/2014. It notes however that, as acknowledged by the Second National Policy for the Promotion of Gender Equality and Equity (PNIEG II) adopted in 2016, the situation of women in education and employment is characterized by sexual harassment, lack of knowledge of their rights and traditional culture of silence. The Committee further notes that, as recently highlighted in the context of the Universal Periodic Review, sexual violence against women remains widespread but underreported. Recalling that domestic workers are excluded from the scope of application of the General Labour Act (section 1(2)), it notes more particularly that domestic workers are particularly exposed to this situation (A/HRC/WG.6/35/GNB/2, 4 November 2019, paragraphs 36 and 64; Letter dated 13 March 2019 from the Special Rapporteur on contemporary forms of slavery, including its causes and consequences, and the Special Rapporteur on violence against women, its causes and consequences; and A/HRC/29/31/Add.1, 1 April 2015, paragraph 31). Stressing again the importance of enacting provisions to explicitly prevent and prohibit sexual harassment in the workplace, which is a serious manifestation of sex discrimination, the Committee asks the Government to provide information on any progress made in this regard, including through the adoption of the draft Uniform Labour Act of OHADA. It further asks the Government to provide information on the measures and activities implemented, including by the Labour and Social Dialogue Council, in order to raise awareness of men and women workers, employers and their organizations of their respective rights and duties so as to prevent and address sexual harassment in employment and occupation, including for domestic workers.

Enforcement. The Committee previously noted that new regional labour inspectorates were established in the towns of Bafatá, Bula and Buba, covering the eastern, northern and southern regions of the country but that the Government indicated that, in spite of its political will to improve the capacity of labour inspectors, it often lacked the necessary resources to do so. Noting the Government’s statement that the Convention is awaiting implementation and that strong difficulties are faced to identify and deal with discriminatory situations between men and women, the Committee refers to its 2018 observation on the application of the Labour Inspection Convention, 1947 (No.81), highlighting that the application of the Convention faces significant and persistent challenges of a financial and material nature and encouraging the Government to submit a formal request to the ILO for technical assistance in that domain. It further notes that, in its 2016 report on Guinea Bissau, the United Nations Special Rapporteur on the independence of judges and lawyers expressed serious concerns about: (1) the lack of tribunals, information, trust and education that pushes most people to resort to traditional leaders to settle their disputes; (2) the fact that justice is too expensive for the great majority of the population who cannot afford its services; (3) judicial delays which often amount to a denial of justice; (4) the lack of quality of services delivered and guarantees of due process; and (5) the fact that judges, prosecutors, lawyers and court staff are not adequately trained to discharge their professional functions (A/HRC/32/34/Add.1, 4 April 2016, paragraph 95). The Committee again asks the Government to provide information: (i) on the steps taken to enhance the capacity of labour inspectors, judges and other relevant authorities to identify and address issues of discrimination in employment and occupation, as well as to raise public awareness of the procedures and remedies available; and (ii) on any cases of discrimination dealt with by the labour inspectors, the courts or any other competent authorities, as well as the sanctions imposed and the remedies granted.

Statistics. Referring to its previous comments, the Committee notes the Government’s indication that challenges remain regarding the collection of statistics but that the institutionalization of a national employment statistics system is planned. In that regard, the Committee notes that the PNIEG II sets as specific objective the improvement of data publication on gender equality and the situation of women in the country, including by setting up a national system to collect and publish information on gender equality and equity. The Committee wishes to recall that collecting, analysing and disseminating information regularly is important for addressing appropriately discrimination in employment, determining if measures taken are having a positive impact on the actual situation and its underlying causes and make any necessary adjustments. The Committee hopes that the Government will make every effort to collect and supply comprehensive data on employment and occupation of men and women in the various economic sectors. It asks the Government to provide any available information on the participation of men and women in education, training, employment and occupation, disaggregated by occupational categories and positions, both in the public and private sectors, as well as in the informal economy.