Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Equal Remuneration Convention, 1951 (No. 100) - Equatorial Guinea (Ratification: 1985)

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The Committee notes with deep concern that the Government’s report, due since 2005, has been received but contains no reply to its previous comments. The Committee reminds the Government that it may avail itself of the technical assistance of the Office in this regard. In light of its urgent appeal launched to the Government in 2022, the Committee proceeds with the examination of the application of the Convention on the basis of the information at its disposal.

Articles 1 to 4 of the Convention. Assessing and addressing the gender pay gap and its underlying causes, such as gender inequalities. The Committee observes that, in its 2019 report under the national-level review of implementation of the Beijing Declaration and Platform for Action, 1995 (Beijing +25 national report), the Government indicates that the following main difficulties were identified: (1) the low representation of women in decision-making bodies; (2) the lack of a specific programme to raise awareness of public authorities on gender equality; and (3) the lack of available data on women which impedes the use of statistical information for decision-making towards the promotion of women. It further notes that, in its mid-term Universal Periodic Review (UPR) report of May 2022, the Government indicates that despite all the commitments made, the representation of women in decision-making positions remains low. In that regard, the Committee observes from the Statistical Yearbook of 2022 published by the National Institute of Statistics (INEGE) that, in 2021, women represented only 21.2 per cent of members of the Parliament; 15.7 per cent of members of the Senate; and 12.2 per cent of members of the Government (table 123, page 166), a proportion that remains mostly unchanged over the past decade. According to ILOSTAT, in 2023, the labour force participation rate was estimated at 60.9 per cent for women, compared to 69 per cent form men (modelled estimates). The Committee takes note of the adoption of the Sustainable Development Strategy “Equatorial Guinea Agenda 2035”, through Decree No. 69/2021 of 29 April 2021, which sets as specific objective the development of a dynamic role for women in economic, social, political and family life, through: (1) the promotion of equality of opportunity between men and women in access to employment and vocational training, including in decision-making bodies; (2) the elimination of gender roles and stereotypes; (3) the elimination of all forms of discrimination against women in all aspects of economic, political and social life; and (4) 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 notes that, with a view to implement the Strategy, the Government indicated, in its 2022 voluntary national review report of achievement of the Sustainable Development Goals (SDGs), that a new Gender Equality Policy has been elaborated but that the following strategic actions still need to be implemented: (1) elaboration and adoption of a Multisectoral Plan for Gender Equality; (2) elaboration and adoption of a Gender Equality Operational Plan for 2020–25; and (3) implementation of a national plan for the collection, analysis and dissemination of data on the promotion and protection of the rights of women and girls. Observing, in that regard, that no comprehensive statistical data on employment has been collected since 2015, the Committee recalls that the collection and analysis of statistics are a crucial means for assessing the implementation of the Convention, including the remuneration levels of men and women and wage differentials (see 2012 General Survey on the fundamental Conventions, paragraph 869). The Committee asks the Government to take every necessary steps in order to address gender stereotypes and promote women’s participation to the labour market, in particular to jobs with career prospects and higher pay. It asks the Government to provide information on: (i) any measures implemented to that end, in particular in the framework of the Sustainable Development Strategy “Equatorial Guinea Agenda 2035”; (ii) any progress made in the adoption and implementation of the Gender Equality Policy, the Multisectoral Plan for Gender Equality, the Gender Equality Operational Plan for 2020-25, and the national plan for the collection of statistical data; and (iii) the distribution of women and men in the various sectors of the economy, and their corresponding earnings, both in the public and private sectors.

Articles 1 and 2(2)(a). Equal remuneration for work of equal value. Scope of application. Legislative developments. The Committee takes note of the adoption of the General Labour Act No. 4/2021, of 3 December 2021, which repealed Act No. 10/2012, of 24 December 2012. It notes, more particularly, that section 85(1) of the General Labour Act provides for equal wage for work of equal value without any discrimination. The Committee, however, observes that the definition of “wage” set out in section 84 of the General Labour Act, excludes several components of wage (such as per diem allowances and travel expenses, occasional bonuses not covered by the contract of employment, social security benefits and compensation paid for transfers, suspension or dismissal) which are covered by the definition of “remuneration” in Article 1(a) of the Convention (see 2012 General Survey, paragraphs 691–692). As regards civil servants, who are excluded from the scope of application of the General Labour Act (section 5(1) of the Act), the Committee notes that section 79(1) of Act No. 2/2014 of 28 July 2014 on Civil Servants of the State provides that civil servants are entitled to receive training and classification that allows them to enjoy equal opportunities in their career but observes that this provision does not reflect the principle of the Convention. The Committee asks the Government to take steps in order to give full legislative expression to the principle of equal remuneration for men and women for work of equal value set out in the Convention, in particular by ensuring that: (i) all workers, including civil servants, are covered by the principle of the Convention; and (ii) all components of remuneration contained in Article 1(a) of the Convention are included in the definition of “wage” for the purpose of applying the principle of the Convention. The Committee further asks the Government to provide information on: (i) any progress made in that regard; (ii) any proactive measures taken to raise awareness of the meaning and scope of application of the principle of equal remuneration for work of equal value among workers, employers and their organizations, as well as among law enforcement officials; and (iii) the number and nature of any cases of inequality of remuneration between men and women dealt with by the labour inspectors, the courts or any other competent authority, specifying the penalties imposed and the compensation awarded.

Article 2(2)(b). Minimum wages. The Committee notes the adoption of Decree No. 30/2016 of 29 January 2016 extending the validity of Decree No. 121/2011 of 5 December 2011 establishing the Interprofessional Minimum Wage (SMI). It notes that section 86(1) of the General Labour Act provides that the Government shall set the SMI, after consultation with the representative employers’ and workers’ organizations. The Committee observes, however, that while section 85(2) of the General Labour Act provides that remuneration shall in no case be less than the established SMI, several provisions of the General Labour Act set lower remuneration for specific categories of workers or sectors, such as domestic workers whose remuneration may not be less than 80 per cent of the SMI (section 38 of the Act). The Committee recalls, in that regard, that in the case of minimum wage fixing at the sector level, special attention is needed to ensure that the rates fixed are free from gender bias, and in particular that certain skills considered to be “female” are not undervalued (see 2012 General Survey, paragraph 683). The Committee asks the Government to provide information on: (i) the measures taken to ensure that the determination of the minimum wage rates is free from gender bias, and that work in sectors with a high proportion of women, including domestic work, is not being undervalued in comparison with sectors in which men are predominantly employed; and (ii) any steps envisaged, including in collaboration with employers’ and workers’ organizations, to set a national minimum wage rate that would apply equally to all sectors and all categories of workers.

Article 3. Objective job evaluation. The Committee notes that Decree No. 167/2013 of 23 October 2013 establishes: (1) the classification system of public service positions that are organized into three different levels according to the academic degree required; and (2) 24 salary scales that should be revised every year by the General State Budget Act. In that regard, the Committee notes that Appendix VIII of the General State Budget Act for 2023 establishes the monthly basic remuneration and supplements for the different salary scales. The Committee asks the Government to provide information on: (i) any job evaluation exercise undertaken in the public sector, indicating the method and criteria used and the measures adopted to ensure that job classifications and pay scales applicable in the public sector are free from gender bias and that jobs largely performed by women are not being undervalued and, consequently, underpaid in comparison to those largely performed by men; and (ii) any measures taken to promote, develop and implement practical approaches and methods for objective job evaluation in the private sector based on criteria that are free from gender bias, such as qualifications, skills, effort, responsibilities and conditions of work.

Articles 2(2)(c) and 4. Collective agreements. Cooperation with employers’ and workers’ organizations. The Committee notes that the Sustainable Development Strategy “Equatorial Guinea Agenda 2035” sets as specific objective capacity-building for the social partners in order to strengthen their participation into the social dialogue process, and the development of negotiation mechanisms regarding the determination of the working conditions. Recalling the important role played by the social partners in giving effect in practice to the principle of the Convention, the Committee asks the Government to provide information on the actions undertaken to promote the implementation of the principle of the Convention with the cooperation of the social partners, and the results of such initiatives. It also asks the Government to provide a copy of any collective agreements in force containing clauses reflecting the principle of the Convention.