Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Guinea (Ratification: 1960)

Article 1 of the Convention. Indirect discrimination. The Committee notes that although the heading of section 5 of Act No. L/2014/072/CNT of 10 January 2014 issuing the Labour Code, refers to discrimination in all its forms, the body of the provision appears to include only direct discrimination, that is, less favourable treatment explicitly or implicitly based on one or more prohibited grounds of discrimination. However, the Convention prohibits not only direct discrimination, but also indirect discrimination, that is situations, regulations or practices which are apparently neutral, but which in practice result in inequalities against persons with specific characteristics. The Committee also recalls that the Convention applies to situations of inequality in which there is no clearly identifiable person responsible. With a view to removing any ambiguity concerning the scope of application of section 5 of the Labour Code, the Committee requests the Government to clarify whether section 5 of the Labour Code covers both direct and indirect discrimination in employment and occupation.

Equality of opportunity and treatment between men and women in employment and occupation, including in respect of education and vocational training. Although aware of the public health difficulties with which the Government has recently been confronted and their impact on the normal operation of institutions, the Committee notes that the Government’s report does not contain any information in reply to its requests for information on the measures taken to promote equality of opportunity and treatment between men and women in employment and occupation, and particularly on the implementation of the National Gender Policy (PNG) adopted in January 2011. The Committee nevertheless welcomes the inclusion in the PNG document of an assessment of inequalities between men and women which shows, among other findings, a regression in the number of girls in technical education and vocational training, an illiteracy rate of 74 per cent for women (80 per cent in rural areas), a very low percentage of women teachers, the burden of rules and customary practices in relation to the status of women, the persistence of sociocultural constraints, the limited access to resources and credit, and the concentration of women in the informal economy at the lowest levels. It also notes that the PNG establishes policies and strategic objectives in relation to the Convention, such as the promotion of equality in law and practice between men and women in legal instruments, access to and control of resources and the equitable sharing of income between men and women, and the strengthening of the entrepreneurial skills of men and women, and that it outlines priority actions for their achievement. The establishment of coordination, dialogue and follow-up structures is also envisaged. The Committee further notes that, in its concluding observations, the Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern regarding: the high rate of illiteracy among women; the continued low enrolment rate of girls at all levels of education due to stereotypes and cultural barriers hindering the access of women and girls to education; the high drop-out rates among girls from schools; the insufficient encouragement for women and girls to choose traditionally male-dominated fields of education and careers; the limited representation of women (10 per cent) in the economically active population in the formal economy, with most women being employed in the informal economy, without social benefits such as maternity leave; and the limited access of women to programmes for their empowerment (CEDAW/C/GIN/CO/7-8, 14 November 2014, paragraphs 42 and 46). The Committee once again requests the Government to provide information on the specific measures adopted within the context of the PNG, or in any other appropriate framework, with a view to promoting equality between men and women in employment and occupation, the effective establishment of structures for their implementation and the results achieved. Please also provide any statistical data available on the representation of men and women in the public and private sectors.

Articles 2 and 3. Formulation of a national policy of equality without distinction on grounds other than sex. Noting that the Government’s report does not contain information on this subject, the Committee once again requests the Government to provide information on any measure taken or envisaged to promote equality of opportunity and treatment in employment and occupation with a view to eliminating any discrimination based on the grounds of discrimination other than sex, enumerated in Article 1(1)(a) of the Convention (namely race, colour, religion, political opinion, national extraction and social origin).

Article 5. Restrictions on the employment of women. The Committee notes that, under the terms of section 231(5) of the Labour Code, the list of types of work prohibited for women or pregnant women or the special protection conditions from which they shall benefit in the performance of such work are to be established by ministerial order. It notes that this section also provides for the prohibition or the application of specific protection measures, for types of work likely to harm the reproductive capacity of women. With regard to protective measures for women, the Committee recalls that any protection measure applicable to the employment of women has to be rigorously proportional to the nature and scope of the protection sought and be limited to maternity protection if it is to be compatible with the principle of equality. It also wishes to emphasize 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. When adopting or revising the list of types of work prohibited for women, or the performance of which is subject to certain conditions, under the terms of section 231(5) of the Labour Code, the Committee requests the Government to examine this question in light of the principle of equality between men and women, taking into account the improvement of working conditions, technological developments and changing mentalities. The Committee requests the Government to provide information on any regulations adopted in this respect.

Prohibition of night work by women. The Committee notes that section 136(1) prohibits night work by women in factories, manufacturing, mining and quarries, worksites, workshops and their annexes, except in managerial posts or posts of a technical nature involving responsibility, or under specific conditions. With regard to the prohibition of night work, the Committee refers the Government to its comments on the application of the Night Work (Women) Convention (Revised), 1948 (No. 89), and draws the Government’s attention to the provisions on this subject contained in the: (a) Protocol of 1990 to the Night Work (Women) Convention (Revised), 1948; and (b) the Night Work Convention, 1990 (No. 171), and the Safety and Health in Mines Convention, 1995 (No. 176), and the corresponding recommendations. The Committee invites the Government to review, in consultation with the social partners, and particularly women workers, the prohibition of night work by women in light of the principle of equality between men and women and technological developments, based on an examination of the supplementary measures that would be necessary to ensure that men and women have access to employment on an equal footing, including measures to improve health protection for men and women, appropriate means of transport and adequate safety measures, as well as social services and other measures to improve the reconciliation of work and family responsibilities.