Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Equatorial Guinea (Ratification: 2001)

1. Articles 1 to 3 of the Convention. Insufficient information to assess the application of the Convention. The Committee notes the Government’s statement in its first very brief report that the Fundamental Law of Equatorial Guinea No. 2 of 4 January 1990 on the general organization of labour applies the Convention and that there are no distinctions, exclusions, preferences or discrimination of any kind in Equatorial Guinea. The Government also adds that there are no difficulties with regard to access to employment and occupation based on the grounds mentioned in the Convention, and there is no need to take regulatory measures to implement the principle of the Convention.

2. The Committee recalls that it is difficult to accept statements to the effect that the application of the Convention gives rise to no difficulties or that the Convention is fully applied, particularly when no other details are given on the content and methods of implementing the national policy on the promotion of equal opportunity and treatment. The Convention provides for the elimination of discrimination in law and practice and, to this end, requires proactive measures towards achieving equality of opportunity and treatment of all workers.

3. The Committee thus concludes that the information provided by the Government in its first report is of a too general nature and does not enable the Committee to assess effectively the application of the Convention. It therefore requests the Government to provide full information, in its next report, on each of the provisions of the Convention and on each of the questions set out in the report form. Such information could include, legislation and policy documents, statistical data disaggregated by sex, race, ethnicity and religion on all aspects of employment and vocational training, reports, guidelines or publications, as well as any other information that may enable the Committee to assess the manner in which the Convention is applied in practice.

4. Article 4. Measures affecting individuals suspected of activities prejudicial to the security of the State. The Committee requests the Government to provide information concerning the practical application of Article 4 of the Convention as well as specific information on the procedures establishing the right of appeal available to persons covered under this Article.

5. Article 5. Special measures. The Committee notes the Government’s statement that the special protection provided in Title III of Law No. 6 of 6 December 1999 is not deemed to be discrimination. The Committee asks the Government to provide a copy of the said legislation in its next report.