Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

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

Article 1(1)(a) of the Convention. The Committee notes that section 15 of the Fundamental Law prohibits discrimination on tribal, ethnic, gender-related, religious, social, political or any other similar grounds. Under section 4 of the Labour Act, the State guarantees equality of opportunity and treatment in employment and occupation and nobody may be subjected to discrimination, i.e. to any distinction, exclusion or preference on grounds of race, colour, sex, political opinion, national extraction, social origin or trade union affiliation. The Committee notes that section 4 of the Labour Act makes no reference to religion as one of the prohibited grounds of discrimination but that this criterion is included in section 15 of the Fundamental Law. The Committee asks the Government to provide information on the practical application of section 15 of the Fundamental Law and section 4 of the Labour Act, and whether there have been any administrative or judicial decisions handed down concerning these provisions, and if so, details thereof. Please indicate whether married women need any authorization to engage in trade or any type of employment or occupation.

Article 1(1)(b). Other criteria. The Committee notes that section 4 of the Labour Act provides for facilitating the recruitment of older workers and those with reduced working capacity. Please supply information on the practical application of section 4 of the Labour Act as it relates to older workers and those with reduced capacity.

Article 2 of the Convention. The Committee noted in its comments on the Equal Remuneration Convention, 1951 (No. 100), that Presidential Decree No. 70/2002 of 27 May 2002 establishes the national policy for the promotion of women (PNPM) and that it is working on a draft plan of action designed to apply this policy. The Committee asks the Government to supply a copy of the abovementioned plan and provide information on any action taken to apply the plan, the results achieved and any difficulties encountered. The Committee would also be grateful if the Government would clarify whether national policies exist to promote other categories of workers who might suffer discrimination under the categories set forth in Article 1 of the Convention.

Vocational training. The Committee notes the Government’s statement on the low qualifications of the workforce and that consequently the focus is placed on vocational training in enterprises. The Government supports training and recruitment for the most vulnerable categories of workers. For example, section 62 of the Act governing national employment policy states that when enterprises recruit women, young persons, men over 45 years of age or disabled persons, the Government will offer free and preferential vocational training and also a discount on social security contributions. The Committee asks the Government to supply information on the practical application of this provision.

Labour inspection. The Committee notes that the Government indicates that it has serious deficiencies in human and material capacities and resources and that for this reason section 1.11 of the General Labour Act states that the “civil and military authorities ... shall lend their assistance to the labour authorities to enforce the provisions of this Act”.

The Committee encourages the Government to supply more detailed information on the questions raised by the Committee and in the report form. It would be grateful if the Government would include documents on policies and statistical data disaggregated if possible by sex, race, ethnic origin and religion on employment and vocational training and any other information which would enable the Committee to evaluate more fully the manner in which the Convention is applied in practice.

Noting that the Government has not provided any information on the questions raised in paragraphs 4 and 5 of its previous direct request, it repeats its comments, which read as follows:

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.