Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Congo (Ratification: 1999)

Article 1(1)(a) of the Convention. Indigenous peoples. The Committee previously noted the adoption of 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 indigenous populations’ access to employment, working conditions, vocational training, remuneration and social security. The Committee requested information on the implementation of the Act in practice. The Committee recalls that in 2011 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 has entrenched discriminatory attitudes and led to social relationships that perpetuate exclusion and acute marginalization of indigenous peoples” (A/HRC/18/35/Add.5, 11 July 2011, paragraph 15). The Committee notes that the Government’s report is once again confined to indicating that the Act of 2011 is in force and that the implementing texts are being prepared. The Committee once again asks the Government to provide information on the measures taken to give effect to Act No. 5-2011 of 25 February 2011, the results of the National Plan of Action 2009–13 and any other specific measures adopted to ensure indigenous peoples’ access to education, land and resources, especially those which allow them to practice their traditional activities. The Committee also asks the Government to take steps to combat the discrimination, stereotypes and prejudices of which indigenous peoples are victims and to better inform them of their rights, including in terms of access to justice, and to promote a climate of respect and tolerance between all sections of the population. The Government is requested to provide information on the steps taken in this respect and copies of the implementing texts of the Act of 2011.

Article 2. Equality of opportunity and treatment for men and women. The Committee notes with regret that the Government’s report does not contain any information on this respect, despite its repeated requests. The Committee recalls the concerns expressed by the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) about the difficulties women and girls in rural areas experience in accessing education; the high drop out rate of girls at all levels of education; the lower literacy rate of women compared to men; the occupational segregation suffered by women, namely the concentration of women in certain sectors of activity or professions or even certain levels of responsibility; of the over-representation of women in the informal economy (with no social security or other benefits) and the difficulties faced by women in accessing credit (CEDAW/C/COG/CO/6, 23 March 2012, paragraphs 31, 33 and 37). The Committee also notes that a new gender policy was developed by the Ministry for the Advancement of Women and the Integration of Women into Development and adopted in June 2017. It notes that this policy is based on five strategic priorities: the consolidation of gender equality and the empowerment of women, the strengthening of the role and position of women and girls in the economy and employment; increased access for women and girls to decision making positions; combating sexual violence and the strengthening of institutions for the implementation of the national gender policy. The Committee asks the Government to provide information on the steps taken, particularly within the framework of the implementation of the national gender policy, with a view to promoting equality of opportunity and treatment for men and women in employment and occupation, and particularly promoting the access to and maintenance of girls at school, diversifying the supply of vocational training for women, combating occupational segregation, improving women’s access to credit and raising the awareness of workers and employers and their organizations regarding the principle of gender equality and women’s and men’s rights in employment and occupation.

Article 5. Special measures of protection. Restrictions on the employment of women. The Committee recalls that, under section 112 of the Labour Code, the Government has authority to prohibit, by decree, access for women to certain jobs, subject to an opinion of the National Employment Advisory Committee, and that it asked the Government to indicate how this issue was being addressed in the ongoing revision of the Labour Code. The Committee notes that the Government’s report does not contain any information in this respect. The Committee recalls that any restrictions on the employment of women must be strictly limited to maternity protection in the broad sense and that protective measures which are based on stereotypes regarding women’s professional aptitudes and role in society are in violation of the principle of equality of opportunity and treatment between men and women in employment and occupation. The Committee also emphasizes 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 and that, when examining the possibility of repealing discriminatory protective measures applicable to women’s employment, it may be necessary to examine what other measures, such as improved health protection of both men and women, adequate transportation and security, as well as social services, are necessary to ensure that women can access these types of employment on an equal footing with men. The Committee asks the Government to ensure that all provisions of the draft legislation amending and supplementing certain provisions of the Labour Code which provide for restrictions or limitations on the employment of women take into account the above elements, and particularly to ensure that any restriction regarding the access of women to certain jobs is strictly limited to maternity protection in the broad sense. It once again asks the Government to indicate whether, under section 112 of the Labour Code currently in force, access to certain jobs is restricted or prohibited for women and, if so, to provide a copy of the applicable regulatory texts.

Article 4. Activities prejudicial to the security of the State. Noting that the Government has still not replied to its previous request, the Committee once again asks the Government to provide information on any measures taken concerning persons justifiably suspected of or convicted of being engaged in activities prejudicial to the security of the State. The Government is asked to identify the procedures establishing the right of appeal available to persons covered by Article 4.

Statistics. The Committee asks the Government to provide any available statistics on the employment of men and women and their respective remuneration in the public and private sectors.