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

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes with deep concern that the Government’s report, which has been due since 2018, has not been received. In light of the urgent appeal that it made to the Government in 2021, the Committee is proceeding with the examination of the application of the Convention on the basis of the information at its disposal.

Article 1(1)(a) of the Convention. Indigenous peoples. In its previous comments, the Committee recalled that, in his 2011 report, 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 have] entrenched discriminatory attitudes and led to social relationships that perpetuate exclusion and acute marginalization of indigenous peoples.” It also requested the Government to provide information on the measures taken to give effect to 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 the access of indigenous populations to employment, working conditions, vocational training, remuneration and social security. The Committee welcomes the inclusion of provisions in the 2015 Constitution explicitly indicating that “the law shall guarantee and ensure the promotion and protection of the rights of indigenous populations” (Article 16). It also notes the Government’s indication, in its national report to the United Nations Human Rights Council within the framework of the Universal Periodic Review that the Directorate General for the Promotion of Indigenous Peoples was established in 2017 under the Ministry of Justice, Human Rights and the Promotion of Indigenous Peoples and that two national action plans have been prepared to improve the quality of life of indigenous peoples (PAN/AQVPA) for the period 2009-13 and then 2014-17 (A/HRC/WG.6/31/COG/1, 14 September 2018, paragraphs 24 and 102). The Committee notes that a new Plan of Action for the Improvement of the Quality of Life of Indigenous Populations has been adopted for the period 2018-22, which includes the rights to education and economic and social rights as priority fields and recognizes that “indigenous peoples suffer from centuries of discrimination, economic exploitation, extreme poverty and difficulties of access to basic social services, land and resources”. The objectives of the Plan of Action include “ensuring that the members of indigenous populations are free, equal in dignity and in law and are not the victims of any discrimination on the basis of indigenous origin or identity”. It also provides for support for vocational training and employment promotion and recruitment initiatives for indigenous populations in societies and income-generating activities. The Committee also notes the 2020 report of the United Nations Special Rapporteur on the rights of indigenous peoples, who observes, among other matters, that: (1) indigenous peoples, “whether they live in a more urban setting or on the margin of the forest, continue to experience high levels of discrimination” and “are not systematically consulted, nor is their consent systematically sought, in decisions concerning them”; and (2) they “remain in a position of stark disempowerment that can only be reversed through financial and political commitments to fully implement” Act No. 5-2011 and its implementing decrees. In her report, the Special Rapporteur takes up the recommendations made by her predecessor in 2010, including the development of “a national campaign against discrimination, economic development that has due regard for indigenous culture, identity, rights over land and resources, and enhanced participation in decision-making […]”. She also recommends that: (1) “the access of indigenous women to decent salaries and conditions of work should be given special attention in income-generating projects so as to foster their social and economic empowerment; (2) indigenous peoples should be associated with the preparation of vocational education and training programmes “to increase their access to employment in the private and public sectors”; and (3) employers, “in consultation with communities and with the support of the Government”, should be “encouraged to adapt workplace environments and conditions to the social, cultural and economic particularities of local indigenous peoples” (A/HRC/45/34/Add.1, 10 July 2020, paragraphs 59, 62, 105, 106 and 107). In light of the above, and taking into account the absence of changes in the socio-economic situation of indigenous peoples, the Committee requests the Government to take effective measures to:

• (i)give effect in practice to Act No. 5-2011 and the Plan of Action to improve the quality of life of indigenous populations;
• (ii)inform the communities concerned and the bodies and/or persons responsible for the application of the law of their rights under Act No. 5-2011, including in relation to access to justice; and
• (iii)combat discrimination, stereotypes and prejudices of which they are victims and promote a climate of respect and tolerance between all sections of the population.

It requests the Government to provide information on any measures adopted in this respect and on the effect given to the recommendations of the United Nations Special Rapporteur in her 2020 report, particularly concerning the implementation of a national campaign against discrimination.

Article 2. Equality of opportunity and treatment for men and women. The Committee recalls that, in its previous comments, it emphasized the difficulties experienced by girls and women in rural areas in accessing education, the high drop-out rates of girls at all levels of education, the lower literacy rates of women compared to men, the occupational segregation suffered by women and their over-representation in the informal economy (with no social security or other benefits) and their difficulties in accessing credit. It also requested the Government to provide information on the implementation of the 2017 gender policy. The Committee notes the concluding observations of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), in which it emphasizes the initiatives taken by the Government to train teenage mothers to become self-employed and to ensure that women working in the informal sector have access to the National Social Security Fund. It also observes that CEDAW expresses concern at the low levels of employment of women, with 70 per cent of women working in the informal economy (CEDAW/C/COG/CO/7, 14 November 2018, paragraph 42). The Committee also notes the detailed information contained in the national report of May 2019 on the implementation of the Beijing Declaration and Platform for Action 1995 (Beijing +25 national report) on achievements (essentially at the institutional level and in relation to property), priorities (income-generating activities, entrepreneurship, technical education, etc.) and difficulties and failures (persistence of illiteracy of women and girls, discrimination and violence against them, absence of social protection and reliable data, etc.) in relation to gender equality. The Committee requests the Government to provide information on any measures taken to:

• (i)diversify the supply of vocational training for women with a view to enabling them to access better paid jobs with career prospects in traditionally male occupations;
• (ii)actively combat vertical and horizontal occupational segregation between men and women;
• (iii)improve the access of women to formal jobs and productive resources, such as credit and land, particularly within the framework of the implementation of Act No. 21-2018 of 13 June 2018 establishing rules for the occupation and acquisition of land;
• (iv)inform women and girls of their rights, particularly when new laws are adopted, and the opportunities available through development and other programmes; and
• (v)raise the awareness of employers, workers and their organizations concerning the principle of equality for men and women in employment and occupation.

The Committee also requests the Government to indicate whether the results of the National Gender Policy (2017-21) concerning the training and employment of women have been evaluated and provide information on the findings and on the adoption of any new gender policy and its content in relation to the promotion of gender equality in employment and occupation.

Article 5. Special measures of protection. Restrictions on the employment of women. The Committee recalls that, in accordance with section 112 of the Labour Code, the Government has the authority to prohibit, by decree, the access of women to certain jobs, subject to the opinion of the National Employment Advisory Commission, and that it previously requested the Government to indicate how this issue had been addressed in the context of the revision of the Labour Code. It notes that the preliminary draft of the Labour Code provided to the Office in February 2022 contains provisions that are identical to those of the current Labour Code. The Committee recalls that there has been a progressive shift over time from a purely protective approach concerning the employment of women to a strategyintended to ensure genuine equality between men and women and to eliminate all discriminatory laws and practices. Protective measures for women may be broadly classified into two categories: those aimed at protecting maternity in the strict sense, which come within the scope of Article 5, and those aimed at protecting women generally, based on stereotypical perceptions of their capabilities and role in society, which are contrary to the Convention and constitute obstacles to the recruitment and employment of women (2012 General Survey on the fundamental Conventions, paragraphs 838-839). The Committee also recalls that it considers 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. Restrictions on the employment of women (who are not pregnant or breastfeeding) are contrary to the principle of equality of opportunity and treatment for men and women, unless they consist of genuine protection measures adopted to protect their health. Such protection measures must be determined on the basis of the results of a risk assessment demonstrating the existence of specific risks for the health and/or safety of women. Consequently, any such restrictions must be justified and based on scientific proof and, where they exist, must be re-examined periodically in light of technological developments and scientific progress to determine whether they are still necessary. The Committee also recalls that it will undoubtedly be necessary to examine what other measures, such as improved health protection of both men and women, adequate transport and security, as well as social services, are necessary to ensure that women have the same opportunities as men to access these types of employment (2012 General Survey, paragraph 840). The Committee also emphasizes the need to adopt measures and establish services to enable workers with family responsibilities, and particularly women, who continue to bear an inequitable burden of these responsibilities, to reconcile work and family life. The Committee therefore requests the Government to ensure that any provisions in the preliminary draft of the Labour Code that establish restrictions or limitations on the employment of women (in general) take into account the above elements, and particularly to ensure that any restrictions on the access of women to certain jobs are strictly limited to maternity protection and/or based on the results of a risk assessment showing the existence of specific risks for the health and/or safety or women. It once again requests the Government to indicate the types of work prohibited for women, under the terms of section 112 of the Labour Code that is currently in force and, where appropriate, to provide copies of the respective regulations.

Statistics. The Committee notes that the difficulties indicated by the Government in its national Beijing +25 report include the lack of reliable data disaggregated by sex, of reliable information on gender disparities and the inadequacy of up-to-date data on the informal economy, in which many women work. The Committee requests the Government to take measures for the collection and compilation of data on the employment of men and women, if possible by economic sector, including the public sector, and to provide this data. The Committee recalls that the Government may avail itself, if it so wishes, of ILO technical assistance for this purpose.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes with deep concern that the Government’s report, which has been due since 2018, has not been received. In light of the urgent appeal that it made to the Government in 2021, the Committee is proceeding with the examination of the application of the Convention on the basis of the information at its disposal.

Articles 1 to 3 of the Convention. Protection against discrimination. Legislation. For many years, the Committee has been emphasizing the shortcomings of the Labour Code and the General Civil Service Regulations regarding the protection of workers against discrimination, as these texts do not cover all of the grounds of discrimination and all of the aspects of employment and occupation set out in the Convention. The Committee notes the adoption of the new Constitution on 25 October 2015, articles 15 and 17 of which provide, respectively, that “no one shall be favoured or disadvantaged by reason of their family or ethnic origin, social condition, political, religious, philosophical or other convictions”, which therefore reduces the previous list of grounds of discriminationprohibited by the Constitution, and that “women shall have the same rights as men”. It observes that the previous Constitution (of 20 January 2002) explicitly prohibited “any discrimination on grounds of origin, social or material situation, racial, ethnic or departmental background, sex, education, language, religion, philosophy or place of residence” and that it also provided that “women shall have the same rights as men”. The Committee also notes that a preliminary draft of the Labour Code has been prepared, that it is currently under examination and that it was sent to the ILO in February 2022. The preliminary draft of the Labour Code sent to the ILO provides that “any discrimination or exclusion based on grounds related to race, colour, sex, trade union membership, religion, ethnic origin, political or mutual opinions, family name, place of residence, state of health or disability, family situation or pregnancy, nationality or social origin, and physical appearance, are prejudicial to the principles of the labour legislation” and that “no employer may therefore make the recruitment of personnel subject to conditions relating to these circumstances”. The Committee welcomes these provisions, which extend the list of prohibited grounds of discrimination and therefore constitute real progress in relation to the provisions of the Labour Code that is currently in force. However, it notes certain gaps, such as the absence of a definition and explicit prohibition of discrimination (both direct and indirect), the absence of a reference to discrimination on grounds of “national extraction” (which covers distinctions based on the place of birth and foreign extraction or origin of persons) and of a scope of application of the anti-discriminatory provisions not explicitly covering employment and occupation, as set out in Article 1(3) of the Convention.

With reference to the public sector, the Committee recalls that the General Public Service Regulations prohibit any distinction between men and women in relation to their general application and any discrimination on the basis of family situation in relation to access to employment (sections 200 and 201). In this regard, it notes the indication on the website of the Ministry of the Civil Service, Labour and Social Security of the Republic of the Congo that “progress towards a new legal framework for the public service, to take into account the many changes that have transformed the public sphere, is a major concern for the Government”. It is also indicated that “a preliminary draft of the Bill issuing the General Public Service Regulations was validated by the National Labour Advisory Commission at its ordinary session on 9 October 2020”. In light of the above, the Committee urges the Government to ensure that the future Labour Code and General Public Service Regulations, which are currently being revised, contain provisions defining and explicitly prohibiting any direct or indirect discrimination on, as a minimum, the seven grounds enumerated in the Convention (namely, race, colour, sex, religion, political opinion, national extraction and social origin), as well as on any other grounds that the Government considers it appropriate to include, in all aspects of employment and occupation, that is not only in relation to access to vocational training, employment and the various occupations, but also all terms and conditions of employment (working time, remuneration, conditions governing promotion and termination of employment, and so on). The Committee requests the Government to provide information on the progress made in this legislative process and in the adoption of the texts in question and hopes that it will soon be able to report progress. The Government is requested to provide copies of the texts when they have been adopted.

Article 1(1)(a). Discrimination based on sex. Sexual harassment. The Committee recalls that in its previous report the Government indicated that the preliminary draft of the Bill to amend and supplement certain provisions of the Labour Code contained measures to combat sexual harassment. The Committee notes that, in contrast with the current Labour Code, the preliminary draft of the Labour Code recently provided to the Office contains provisions explicitly prohibiting sexual harassment, which is defined as “repeated remarks or behaviour with a sexual connotation with the real or apparent aim of obtaining an act of a sexual nature, whether for the offender or for another person”. The preliminary draft text also provides that employers shall take measures to prevent, inter alia, sexual harassment. The Committee welcomes these provisions, which constitute genuine progress in preventing and combating sexual harassment. However, it observes that these provisions only cover quid pro quo sexual harassment and require “repeated remarks or behaviour”, and that the aspect of a hostile working environment is covered by the definition of moral harassment. The Committee considers that these limitations could have the effect of limiting protection against sexual harassment. The Committee also notes that, in its concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) recommends the Congo to continue to “strengthen the efforts of the National Statistical Institute to ensure an effective national system for the collection of data, disaggregated by age and relationship of the victim with the offender, on gender-based violence and cases of sexual harassment, both in school and at work, against women and girls” (CEDAW/C/COG/CO/7, 14 November 2018, paragraph 27). Lastly, the Committee notes the Government’s indication, in its national report to the United Nations Human Rights Council in the context of the universal periodic review, that the provisions of the draft Criminal Code cover, among others, the criminalization of trespass on domestic premises, violations of the confidentiality of correspondence and sexual harassment (A/HRC/WG.6/31/COG/1, 14 September 2018, paragraph 17). The Committee requests the Government to ensure that the future Labour Code contains provisions that: (i) define and explicitly prohibit both quid pro quo and hostile, intimidating or offensive working environment sexual harassment; (ii) do not require remarks or behaviour to be repeated to constitute sexual harassment; and (iii) envisage the adoption of prevention measures by employers and protection against reprisals for victims and penalties for offenders. The Committee also requests the Government to: (i) take measures at the national and local levels, in collaboration with workers’ and employers’ organizations, to prevent and eliminate sexual harassment, such as awareness-raising measures for employers, workers and education personnel, as well as labour inspectors, lawyers and judges; and (ii) establish information and complaint procedures that take into account the sensitive nature of the subject with a view to bringing an end to these practices and enabling victims to assert their rights without losing their jobs.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2022, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

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.

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2022, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Articles 1–3 of the Convention. Protection against discrimination. Legislation. For many years the Committee has been emphasizing the shortcomings in the Labour Code and the General Civil Service Regulations regarding the protection of workers against discrimination, since these texts do not cover all of the grounds of discrimination or all the aspects of employment and occupation set out in the Convention. The Committee recalls that the Labour Code only covers the grounds of “origin”, gender, age and status in relation to wage discrimination (section 80) and the grounds of opinion, trade union activity, membership or not of a political, religious or philosophical group or a specific trade union in relation to dismissal (section 42). The General Civil Service Regulations prohibit any distinction between men and women in relation to their general application and any discrimination on the basis of family situation in relation to access to employment (sections 200 and 201). The Committee notes the Government’s indication that a preliminary draft of a new Bill amending and supplementing certain provisions of the Labour Code will take into account the grounds of discrimination set out in Article 1(1)(a). The Committee asks the Government to ensure that, within the framework of the ongoing revision of the Labour Code, discrimination on all of the grounds set out in the Convention is explicitly prohibited, as well as discrimination on any other grounds which it considers appropriate to include in the Code, at all stages of employment and occupation, including recruitment. The Committee also asks the Government to take the necessary measures to amend the provisions of the General Civil Service Regulations in order to ensure that civil servants are protected as a minimum in relation to the grounds set out in Article 1(1)(a) in respect of all aspects of employment, including recruitment and promotion. The Committee also requests the Government to provide information on any legislative developments in this respect.

Article 1(1)(a). Discrimination based on sex. Sexual harassment. The Committee notes that the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed deep concern at the high prevalence of violence against women and girls, especially sexual harassment at school and at work, the delay in adopting a comprehensive law to combat all forms of violence against women and the lack of awareness regarding this issue and of reporting of gender-based violence (CEDAW/C/COG/CO/6, 23 March 2012, paragraph 23). The Committee notes the Government’s indication that, since 2011, the new draft Bill amending and supplementing certain provisions of the Labour Code has contained provisions against sexual harassment. The Committee once again asks the Government to ensure that provisions covering both quid pro quo harassment and sexual harassment which creates a hostile, intimidating or offensive environment are adopted and that they protect the victims of sexual harassment and establish penalties for the perpetrators. The Committee also asks the Government to take steps, in collaboration with employers’ and workers’ organizations, to prevent and combat sexual harassment, such as awareness-raising measures for employers, workers and educators as well as for labour inspectors, lawyers and judges, and to establish information systems and complaints procedures which take into account the sensitive nature of this issue in order to bring an end to these practices and allow victims to exercise their rights without losing their jobs.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee expects that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes with concern that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

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.

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Articles 1–3 of the Convention. Protection against discrimination. Legislation. For many years the Committee has been emphasizing the shortcomings in the Labour Code and the General Civil Service Regulations regarding the protection of workers against discrimination, since these texts do not cover all of the grounds of discrimination or all the aspects of employment and occupation set out in the Convention. The Committee recalls that the Labour Code only covers the grounds of “origin”, gender, age and status in relation to wage discrimination (section 80) and the grounds of opinion, trade union activity, membership or not of a political, religious or philosophical group or a specific trade union in relation to dismissal (section 42). The General Civil Service Regulations prohibit any distinction between men and women in relation to their general application and any discrimination on the basis of family situation in relation to access to employment (sections 200 and 201). The Committee notes the Government’s indication that a preliminary draft of a new Bill amending and supplementing certain provisions of the Labour Code will take into account the grounds of discrimination set out in Article 1(1)(a). The Committee asks the Government to ensure that, within the framework of the ongoing revision of the Labour Code, discrimination on all of the grounds set out in the Convention is explicitly prohibited, as well as discrimination on any other grounds which it considers appropriate to include in the Code, at all stages of employment and occupation, including recruitment. The Committee also asks the Government to take the necessary measures to amend the provisions of the General Civil Service Regulations in order to ensure that civil servants are protected as a minimum in relation to the grounds set out in Article 1(1)(a) in respect of all aspects of employment, including recruitment and promotion. The Committee also requests the Government to provide information on any legislative developments in this respect.

Article 1(1)(a). Discrimination based on sex. Sexual harassment. The Committee notes that the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed deep concern at the high prevalence of violence against women and girls, especially sexual harassment at school and at work, the delay in adopting a comprehensive law to combat all forms of violence against women and the lack of awareness regarding this issue and of reporting of gender-based violence (CEDAW/C/COG/CO/6, 23 March 2012, paragraph 23). The Committee notes the Government’s indication that, since 2011, the new draft Bill amending and supplementing certain provisions of the Labour Code has contained provisions against sexual harassment. The Committee once again asks the Government to ensure that provisions covering both quid pro quo harassment and sexual harassment which creates a hostile, intimidating or offensive environment are adopted and that they protect the victims of sexual harassment and establish penalties for the perpetrators. The Committee also asks the Government to take steps, in collaboration with employers’ and workers’ organizations, to prevent and combat sexual harassment, such as awareness-raising measures for employers, workers and educators as well as for labour inspectors, lawyers and judges, and to establish information systems and complaints procedures which take into account the sensitive nature of this issue in order to bring an end to these practices and allow victims to exercise their rights without losing their jobs.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments.

Repetition

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.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Articles 1–3 of the Convention. Protection against discrimination. Legislation. For many years the Committee has been emphasizing the shortcomings in the Labour Code and the General Civil Service Regulations regarding the protection of workers against discrimination, since these texts do not cover all of the grounds of discrimination or all the aspects of employment and occupation set out in the Convention. The Committee recalls that the Labour Code only covers the grounds of “origin”, gender, age and status in relation to wage discrimination (section 80) and the grounds of opinion, trade union activity, membership or not of a political, religious or philosophical group or a specific trade union in relation to dismissal (section 42). The General Civil Service Regulations prohibit any distinction between men and women in relation to their general application and any discrimination on the basis of family situation in relation to access to employment (sections 200 and 201). The Committee notes the Government’s indication that a preliminary draft of a new Bill amending and supplementing certain provisions of the Labour Code will take into account the grounds of discrimination set out in Article 1(1)(a). The Committee asks the Government to ensure that, within the framework of the ongoing revision of the Labour Code, discrimination on all of the grounds set out in the Convention is explicitly prohibited, as well as discrimination on any other grounds which it considers appropriate to include in the Code, at all stages of employment and occupation, including recruitment. The Committee also asks the Government to take the necessary measures to amend the provisions of the General Civil Service Regulations in order to ensure that civil servants are protected as a minimum in relation to the grounds set out in Article 1(1)(a) in respect of all aspects of employment, including recruitment and promotion. The Committee also requests the Government to provide information on any legislative developments in this respect.

Article 1(1)(a). Discrimination based on sex. Sexual harassment. The Committee notes that the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed deep concern at the high prevalence of violence against women and girls, especially sexual harassment at school and at work, the delay in adopting a comprehensive law to combat all forms of violence against women and the lack of awareness regarding this issue and of reporting of gender-based violence (CEDAW/C/COG/CO/6, 23 March 2012, paragraph 23). The Committee notes the Government’s indication that, since 2011, the new draft Bill amending and supplementing certain provisions of the Labour Code has contained provisions against sexual harassment. The Committee once again asks the Government to ensure that provisions covering both quid pro quo harassment and sexual harassment which creates a hostile, intimidating or offensive environment are adopted and that they protect the victims of sexual harassment and establish penalties for the perpetrators. The Committee also asks the Government to take steps, in collaboration with employers’ and workers’ organizations, to prevent and combat sexual harassment, such as awareness-raising measures for employers, workers and educators as well as for labour inspectors, lawyers and judges, and to establish information systems and complaints procedures which take into account the sensitive nature of this issue in order to bring an end to these practices and allow victims to exercise their rights without losing their jobs.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee expects that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2017.

Repetition

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.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2017.

Repetition

Articles 1–3 of the Convention. Protection against discrimination. Legislation. For many years the Committee has been emphasizing the shortcomings in the Labour Code and the General Civil Service Regulations regarding the protection of workers against discrimination, since these texts do not cover all of the grounds of discrimination or all the aspects of employment and occupation set out in the Convention. The Committee recalls that the Labour Code only covers the grounds of “origin”, gender, age and status in relation to wage discrimination (section 80) and the grounds of opinion, trade union activity, membership or not of a political, religious or philosophical group or a specific trade union in relation to dismissal (section 42). The General Civil Service Regulations prohibit any distinction between men and women in relation to their general application and any discrimination on the basis of family situation in relation to access to employment (sections 200 and 201). The Committee notes the Government’s indication that a preliminary draft of a new Bill amending and supplementing certain provisions of the Labour Code will take into account the grounds of discrimination set out in Article 1(1)(a). The Committee asks the Government to ensure that, within the framework of the ongoing revision of the Labour Code, discrimination on all of the grounds set out in the Convention is explicitly prohibited, as well as discrimination on any other grounds which it considers appropriate to include in the Code, at all stages of employment and occupation, including recruitment. The Committee also asks the Government to take the necessary measures to amend the provisions of the General Civil Service Regulations in order to ensure that civil servants are protected as a minimum in relation to the grounds set out in Article 1(1)(a) in respect of all aspects of employment, including recruitment and promotion. The Committee also requests the Government to provide information on any legislative developments in this respect.

Article 1(1)(a). Discrimination based on sex. Sexual harassment. The Committee notes that the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed deep concern at the high prevalence of violence against women and girls, especially sexual harassment at school and at work, the delay in adopting a comprehensive law to combat all forms of violence against women and the lack of awareness regarding this issue and of reporting of gender-based violence (CEDAW/C/COG/CO/6, 23 March 2012, paragraph 23). The Committee notes the Government’s indication that, since 2011, the new draft Bill amending and supplementing certain provisions of the Labour Code has contained provisions against sexual harassment. The Committee once again asks the Government to ensure that provisions covering both quid pro quo harassment and sexual harassment which creates a hostile, intimidating or offensive environment are adopted and that they protect the victims of sexual harassment and establish penalties for the perpetrators. The Committee also asks the Government to take steps, in collaboration with employers’ and workers’ organizations, to prevent and combat sexual harassment, such as awareness-raising measures for employers, workers and educators as well as for labour inspectors, lawyers and judges, and to establish information systems and complaints procedures which take into account the sensitive nature of this issue in order to bring an end to these practices and allow victims to exercise their rights without losing their jobs.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

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.

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

Articles 1–3 of the Convention. Protection against discrimination. Legislation. For many years the Committee has been emphasizing the shortcomings in the Labour Code and the General Civil Service Regulations regarding the protection of workers against discrimination, since these texts do not cover all of the grounds of discrimination or all the aspects of employment and occupation set out in the Convention. The Committee recalls that the Labour Code only covers the grounds of “origin”, gender, age and status in relation to wage discrimination (section 80) and the grounds of opinion, trade union activity, membership or not of a political, religious or philosophical group or a specific trade union in relation to dismissal (section 42). The General Civil Service Regulations prohibit any distinction between men and women in relation to their general application and any discrimination on the basis of family situation in relation to access to employment (sections 200 and 201). The Committee notes the Government’s indication that a preliminary draft of a new Bill amending and supplementing certain provisions of the Labour Code will take into account the grounds of discrimination set out in Article 1(1)(a). The Committee asks the Government to ensure that, within the framework of the ongoing revision of the Labour Code, discrimination on all of the grounds set out in the Convention is explicitly prohibited, as well as discrimination on any other grounds which it considers appropriate to include in the Code, at all stages of employment and occupation, including recruitment. The Committee also asks the Government to take the necessary measures to amend the provisions of the General Civil Service Regulations in order to ensure that civil servants are protected as a minimum in relation to the grounds set out in Article 1(1)(a) in respect of all aspects of employment, including recruitment and promotion. The Committee also requests the Government to provide information on any legislative developments in this respect.

Article 1(1)(a). Discrimination based on sex. Sexual harassment. The Committee notes that the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed deep concern at the high prevalence of violence against women and girls, especially sexual harassment at school and at work, the delay in adopting a comprehensive law to combat all forms of violence against women and the lack of awareness regarding this issue and of reporting of gender-based violence (CEDAW/C/COG/CO/6, 23 March 2012, paragraph 23). The Committee notes the Government’s indication that, since 2011, the new draft Bill amending and supplementing certain provisions of the Labour Code has contained provisions against sexual harassment. The Committee once again asks the Government to ensure that provisions covering both quid pro quo harassment and sexual harassment which creates a hostile, intimidating or offensive environment are adopted and that they protect the victims of sexual harassment and establish penalties for the perpetrators. The Committee also asks the Government to take steps, in collaboration with employers’ and workers’ organizations, to prevent and combat sexual harassment, such as awareness-raising measures for employers, workers and educators as well as for labour inspectors, lawyers and judges, and to establish information systems and complaints procedures which take into account the sensitive nature of this issue in order to bring an end to these practices and allow victims to exercise their rights without losing their jobs.

The Committee is raising other matters in a request addressed directly to the Government.

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

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Indigenous peoples. The Committee recalls its previous comment in which it noted the adoption of Act No. 5-2011 of 25 February 2011 concerning promotion and protection of the rights of indigenous peoples, which establishes that any person guilty of discrimination with regard to indigenous peoples in access to employment, working conditions, vocational training, remuneration and social security shall be liable to criminal penalties (section 27). The Committee notes the Government’s indications that the implementing regulations for the Act are being prepared. As regards the situation of indigenous peoples in the country, the Committee notes that the Special Rapporteur on the rights of indigenous peoples emphasized in his 2011 report 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). He also indicates that the school enrolment rate for indigenous children is low owing to numerous obstacles (remote settlements, exclusion, extreme poverty, etc.) (ibid., paragraphs 21–25). However, the Special Rapporteur mentions that a National Plan of Action for improvement of the quality of life of indigenous peoples (2009–13) has been adopted containing five priority areas of action, including education, access to lands and resources and combating prejudice (ibid., paragraphs 49–51). The Committee asks the Government to provide information on the implementation of Act No. 5-2011 of 25 February 2011 and the results of the National Plan of Action (2009–13) and requests the Government to provide information on concrete measures taken to guarantee access to education and access to land and resources for indigenous peoples, including so that they are able to practise their traditional occupations. The Committee also asks the Government to take action against the discrimination, stereotypes and prejudice to which indigenous peoples are exposed, and promote a climate of respect and tolerance among all groups of the population. Please also provide information on steps taken to raise awareness of the rights of indigenous peoples including regarding access to justice. The Government is also requested to provide copies of the regulations adopted to implement the Act of 2011 and also of any relevant court or administrative decisions.

Sexual harassment. The Committee notes that the Government merely indicates in its report that the preliminary draft Act amending the Labour Code contains provisions against sexual harassment. The Committee notes that the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed deep concern at the high prevalence of violence against women and girls, especially sexual harassment at school and at work, at the delay in adopting a comprehensive law concerning violence against women and at the lack of awareness-raising regarding this issue and of reporting of gender-based violence (CEDAW/C/COG/CO/6, 23 March 2012, paragraph 23). The Committee requests the Government to provide specific information on the adoption of legislative provisions concerning sexual harassment and asks the Government to ensure that these provisions cover both quid pro quo and hostile environment sexual harassment. It also requests the Government to provide information on any practical measures taken to prevent and combat sexual harassment in education, employment and occupation, including awareness-raising measures for both men and women workers and also for labour inspectors, lawyers and judges.

Discrimination on the basis of national extraction. Re-emphasizing the need to ensure that in practice the policy of “Congolization” or “Africanization” of jobs, which has been deemed necessary to ensure that Congolese and African workers have priority in employment, does not lead to discrimination based on national extraction, the Committee requests the Government to provide information on the implementation of this policy, particularly in cases where priority in employment has been given to Congolese or African workers over other workers. The Government is also requested to send a copy of any relevant court decision on this matter, including a copy of the ruling of the Pointe-Noire Labour Tribunal stating that the nationalization of jobs constitutes a legitimate ground for dismissal.

Articles 2 and 3 of the Convention. National policy to promote equality of opportunity and treatment. In the absence of a reply from the Government on this point, the Committee is bound to repeat its request for information on any policy adopted at the national level for the promotion of equal opportunities and treatment, including not only the application of legislative or administrative measures but also the implementation of public policies or action programmes or the establishment of special bodies responsible for promoting equality and dealing with complaints.

Equality of opportunity and treatment for men and women. The Committee notes the Government’s statement indicating generally that equality of opportunity and treatment for men and women is taken into account in the preliminary draft of the new Act amending and completing the Labour Code. The Committee notes that CEDAW, in its concluding observations of March 2012, has also expressed particular concern at the high drop-out rate of girls at all levels of education, at the persistence of stereotypes in school textbooks and at the lower literacy rate of women compared to men, access to education in rural areas being particularly difficult for women (CEDAW/C/COG/CO/6, 23 March 2012, paragraphs 31 and 37). The Committee further notes that CEDAW has also expressed concern about occupational segregation suffered by women, the concentration of women in the informal economy with no social security or other benefits, and the difficulties faced by women in accessing credit for starting small-scale businesses (ibid., paragraph 33). Finally, the Committee notes that CEDAW refers to the adoption in 2008 of a national gender policy and the related plan of action for 2009–19. The Committee requests the Government to provide information on the measures taken or contemplated and the results achieved, including in the context of revision of the Labour Code, the national gender policy and the related plan of action, with a view to promoting equality of opportunity and treatment for men and women in employment and occupation, particularly with respect to promoting access to education for girls and women, addressing occupational gender segregation, and raising awareness of workers and employers and their organizations regarding the principle of equality and women’s rights in employment. The Government is also requested to provide statistical information on the labour market situation of women and men in the public and private sectors, disaggregated by economic sector and occupation.

Article 4. Activities prejudicial to the security of the State. Noting that the Government has not replied to its previous request, the Committee again requests the Government to provide information on any measures that may have been taken concerning persons suspected or engaged in activities prejudicial to the security of the State, which may restrict their access to employment and occupation. Please also indicate the procedures establishing the right of appeal available to persons covered under this Article.

Article 5. Special measures of protection or assistance. The Committee recalls its previous comments in which it noted that under section 112 of the Labour Code, the Government has authority to prohibit, by decree, the access of women to certain jobs, subject to an opinion from the National Employment Advisory Committee. The Committee recalls that any restrictions on the employment of women must be strictly limited to maternity protection. The Committee requests the Government to indicate whether the preliminary draft amending and completing certain provisions of the Labour Code, which is currently being prepared, contains any restrictions or limitations on the employment of women and requests the Government to ensure that any restriction regarding the access of women to certain jobs is strictly limited to maternity protection. It also requests 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.

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

The Committee notes with regret that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 1 of the Convention. Protection against discrimination. Legislation. For many years the Committee has been emphasizing the gaps in the Labour Code and the General Public Service Regulations as regards protection of workers against discrimination, since these texts cover only some of the grounds of discrimination listed in Article 1(1)(a) of the Convention and only certain aspects of employment, such as wages and dismissal. The Committee notes the Government’s indications that the preliminary draft of a new Act amending and completing certain provisions of the Labour Code, which is currently being prepared, prohibits discrimination on the basis of race, colour, sex, religion, political opinion, national extraction or social origin, at all stages of employment and occupation. It further notes that the preliminary draft has been sent to the social partners in order to receive their comments before the meeting of the National Labour Advisory Committee. Recalling that, where legal provisions are adopted to give effect to the principle of the Convention, these should cover at least all the grounds of discrimination listed in Article 1(1)(a) of the Convention and be concerned with access to vocational training, access to employment and particular occupations, and also conditions of employment (Article 1(3)), the Committee requests the Government to take the necessary steps to ensure the adoption of the preliminary draft of the new Act amending and completing the Labour Code and the amendment of the General Public Service Regulations in order to ensure full protection against discrimination for workers in the public and private sectors, to supply information on the status of the legislative process to this end and to send a copy of the legislative texts once they have been adopted. The Committee also requests the Government to consider the possibility of requesting technical comments from the ILO on the draft legislation before it is adopted.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Indigenous peoples. The Committee recalls its previous comment in which it noted the adoption of Act No. 5-2011 of 25 February 2011 concerning promotion and protection of the rights of indigenous peoples, which establishes that any person guilty of discrimination with regard to indigenous peoples in access to employment, working conditions, vocational training, remuneration and social security shall be liable to criminal penalties (section 27). The Committee notes the Government’s indications that the implementing regulations for the Act are being prepared. As regards the situation of indigenous peoples in the country, the Committee notes that the Special Rapporteur on the rights of indigenous peoples emphasized in his 2011 report 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). He also indicates that the school enrolment rate for indigenous children is low owing to numerous obstacles (remote settlements, exclusion, extreme poverty, etc.) (ibid., paragraphs 21–25). However, the Special Rapporteur mentions that a National Plan of Action for improvement of the quality of life of indigenous peoples (2009–13) has been adopted containing five priority areas of action, including education, access to lands and resources and combating prejudice (ibid., paragraphs 49–51). The Committee asks the Government to provide information on the implementation of Act No. 5-2011 of 25 February 2011 and the National Plan of Action (2009–13) and requests the Government to provide information on concrete measures taken to guarantee access to education and access to land and resources for indigenous peoples, including so that they are able to practise their traditional occupations. The Committee also asks the Government to take action against the discrimination, stereotypes and prejudice to which indigenous peoples are exposed, and promote a climate of respect and tolerance among all groups of the population. Please also provide information on steps taken to raise awareness of the rights of indigenous peoples including regarding access to justice. The Government is also requested to provide copies of the regulations adopted to implement the Act of 2011 and also of any relevant court or administrative decisions.

Sexual harassment. The Committee notes that the Government merely indicates in its report that the preliminary draft Act amending the Labour Code contains provisions against sexual harassment. The Committee notes that the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed deep concern at the high prevalence of violence against women and girls, especially sexual harassment at school and at work, at the delay in adopting a comprehensive law concerning violence against women and at the lack of awareness-raising regarding this issue and of reporting of gender-based violence (CEDAW/C/COG/CO/6, 23 March 2012, paragraph 23). The Committee requests the Government to provide specific information on the adoption of legislative provisions concerning sexual harassment and asks the Government to ensure that these provisions cover both quid pro quo and hostile environment sexual harassment. It also requests the Government to provide information on any practical measures taken to prevent and combat sexual harassment in education, employment and occupation, including awareness-raising measures for both men and women workers and also for labour inspectors, lawyers and judges.

Discrimination on the basis of national extraction. Re-emphasizing the need to ensure that in practice the policy of “Congolization” or “Africanization” of jobs, which has been deemed necessary to ensure that Congolese and African workers have priority in employment, does not lead to discrimination based on national extraction, the Committee requests the Government to provide information on the implementation of this policy, particularly in cases where priority in employment has been given to Congolese or African workers over other workers. The Government is also requested to send a copy of any relevant court decision on this matter, including a copy of the ruling of the Pointe-Noire Labour Tribunal stating that the nationalization of jobs constitutes a legitimate ground for dismissal.

Articles 2 and 3 of the Convention. National policy to promote equality of opportunity and treatment. In the absence of a reply from the Government on this point, the Committee is bound to repeat its request for information on any policy adopted at the national level for the promotion of equal opportunities and treatment, including not only the application of legislative or administrative measures but also the implementation of public policies or action programmes or the establishment of special bodies responsible for promoting equality and dealing with complaints.

Equality of opportunity and treatment for men and women. The Committee notes the Government’s statement indicating generally that equality of opportunity and treatment for men and women is taken into account in the preliminary draft of the new Act amending and completing the Labour Code. The Committee notes that CEDAW, in its concluding observations of March 2012, has also expressed particular concern at the high drop-out rate of girls at all levels of education, at the persistence of stereotypes in school textbooks and at the lower literacy rate of women compared to men, access to education in rural areas being particularly difficult for women (CEDAW/C/COG/CO/6, 23 March 2012, paragraphs 31 and 37). The Committee further notes that CEDAW has also expressed concern about occupational segregation suffered by women, the concentration of women in the informal economy with no social security or other benefits, and the difficulties faced by women in accessing credit for starting small-scale businesses (CEDAW ibid., paragraph 33). Finally, the Committee notes that CEDAW refers to the adoption in 2008 of a national gender policy and the related plan of action for 2009–19. The Committee requests the Government to provide information on the measures taken or contemplated and the results achieved, including in the context of revision of the Labour Code, the national gender policy and the related plan of action, with a view to promoting equality of opportunity and treatment for men and women in employment and occupation, particularly with respect to promoting access to education for girls and women, addressing occupational gender segregation, and raising awareness of workers and employers and their organizations regarding the principle of equality and women’s rights in employment. The Government is also requested to provide statistical information on the labour market situation of women and men in the public and private sectors, disaggregated by economic sector and occupation.

Article 4. Activities prejudicial to the security of the State. Noting that the Government has not replied to its previous request, the Committee again requests the Government to provide information on any measures that may have been taken concerning persons suspected or engaged in activities prejudicial to the security of the State, which may restrict their access to employment and occupation. Please also indicate the procedures establishing the right of appeal available to persons covered under this Article.

Article 5. Special measures of protection or assistance. The Committee recalls its previous comments in which it noted that under section 112 of the Labour Code, the Government has authority to prohibit, by decree, the access of women to certain jobs, subject to an opinion from the National Employment Advisory Committee. The Committee recalls that any restrictions on the employment of women must be strictly limited to maternity protection. The Committee requests the Government to indicate whether the preliminary draft amending and completing certain provisions of the Labour Code, which is currently being prepared, contains any restrictions or limitations on the employment of women and requests the Government to ensure that any restriction regarding the access of women to certain jobs is strictly limited to maternity protection. It also requests 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.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 1 of the Convention. Protection against discrimination. Legislation. For many years the Committee has been emphasizing the gaps in the Labour Code and the General Public Service Regulations as regards protection of workers against discrimination, since these texts cover only some of the grounds of discrimination listed in Article 1(1)(a) of the Convention and only certain aspects of employment, such as wages and dismissal. The Committee notes the Government’s indications that the preliminary draft of a new Act amending and completing certain provisions of the Labour Code, which is currently being prepared, prohibits discrimination on the basis of race, colour, sex, religion, political opinion, national extraction or social origin, at all stages of employment and occupation. It further notes that the preliminary draft has been sent to the social partners in order to receive their comments before the meeting of the National Labour Advisory Committee. Recalling that, where legal provisions are adopted to give effect to the principle of the Convention, these should cover at least all the grounds of discrimination listed in Article 1(1)(a) of the Convention and be concerned with access to vocational training, access to employment and particular occupations, and also conditions of employment (Article 1(3)), the Committee requests the Government to take the necessary steps to ensure the adoption of the preliminary draft of the new Act amending and completing the Labour Code and the amendment of the General Public Service Regulations in order to ensure full protection against discrimination for workers in the public and private sectors, to supply information on the status of the legislative process to this end and to send a copy of the legislative texts once they have been adopted. The Committee also requests the Government to consider the possibility of requesting technical comments from the ILO on the draft legislation before it is adopted.

The Committee is raising other points in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Indigenous peoples. The Committee recalls its previous comment in which it noted the adoption of Act No. 5-2011 of 25 February 2011 concerning promotion and protection of the rights of indigenous peoples, which establishes that any person guilty of discrimination with regard to indigenous peoples in access to employment, working conditions, vocational training, remuneration and social security shall be liable to criminal penalties (section 27). The Committee notes the Government’s indications that the implementing regulations for the Act are being prepared. As regards the situation of indigenous peoples in the country, the Committee notes that the Special Rapporteur on the rights of indigenous peoples emphasized in his 2011 report 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). He also indicates that the school enrolment rate for indigenous children is low owing to numerous obstacles (remote settlements, exclusion, extreme poverty, etc.) (ibid., paragraphs 21–25). However, the Special Rapporteur mentions that a National Plan of Action for improvement of the quality of life of indigenous peoples (2009–13) has been adopted containing five priority areas of action, including education, access to lands and resources and combating prejudice (ibid., paragraphs 49–51). The Committee asks the Government to provide information on the implementation of Act No. 5-2011 of 25 February 2011 and the National Plan of Action (2009–13) and requests the Government to provide information on concrete measures taken to guarantee access to education and access to land and resources for indigenous peoples, including so that they are able to practise their traditional occupations. The Committee also asks the Government to take action against the discrimination, stereotypes and prejudice to which indigenous peoples are exposed, and promote a climate of respect and tolerance among all groups of the population. Please also provide information on steps taken to raise awareness of the rights of indigenous peoples including regarding access to justice. The Government is also requested to provide copies of the regulations adopted to implement the Act of 2011 and also of any relevant court or administrative decisions.

Sexual harassment. The Committee notes that the Government merely indicates in its report that the preliminary draft Act amending the Labour Code contains provisions against sexual harassment. The Committee notes that the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed deep concern at the high prevalence of violence against women and girls, especially sexual harassment at school and at work, at the delay in adopting a comprehensive law concerning violence against women and at the lack of awareness-raising regarding this issue and of reporting of gender-based violence (CEDAW/C/COG/CO/6, 23 March 2012, paragraph 23). The Committee requests the Government to provide specific information on the adoption of legislative provisions concerning sexual harassment and asks the Government to ensure that these provisions cover both quid pro quo and hostile environment sexual harassment. It also requests the Government to provide information on any practical measures taken to prevent and combat sexual harassment in education, employment and occupation, including awareness-raising measures for both men and women workers and also for labour inspectors, lawyers and judges.

Discrimination on the basis of national extraction. Re-emphasizing the need to ensure that in practice the policy of “Congolization” or “Africanization” of jobs, which has been deemed necessary to ensure that Congolese and African workers have priority in employment, does not lead to discrimination based on national extraction, the Committee requests the Government to provide information on the implementation of this policy, particularly in cases where priority in employment has been given to Congolese or African workers over other workers. The Government is also requested to send a copy of any relevant court decision on this matter, including a copy of the ruling of the Pointe-Noire Labour Tribunal stating that the nationalization of jobs constitutes a legitimate ground for dismissal.

Articles 2 and 3 of the Convention. National policy to promote equality of opportunity and treatment. In the absence of a reply from the Government on this point, the Committee is bound to repeat its request for information on any policy adopted at the national level for the promotion of equal opportunities and treatment, including not only the application of legislative or administrative measures but also the implementation of public policies or action programmes or the establishment of special bodies responsible for promoting equality and dealing with complaints.

Equality of opportunity and treatment for men and women. The Committee notes the Government’s statement indicating generally that equality of opportunity and treatment for men and women is taken into account in the preliminary draft of the new Act amending and completing the Labour Code. The Committee notes that CEDAW, in its concluding observations of March 2012, has also expressed particular concern at the high drop-out rate of girls at all levels of education, at the persistence of stereotypes in school textbooks and at the lower literacy rate of women compared to men, access to education in rural areas being particularly difficult for women (CEDAW/C/COG/CO/6, 23 March 2012, paragraphs 31 and 37). The Committee further notes that CEDAW has also expressed concern about occupational segregation suffered by women, the concentration of women in the informal economy with no social security or other benefits, and the difficulties faced by women in accessing credit for starting small-scale businesses (CEDAW ibid., paragraph 33). Finally, the Committee notes that CEDAW refers to the adoption in 2008 of a national gender policy and the related plan of action for 2009–19. The Committee requests the Government to provide information on the measures taken or contemplated and the results achieved, including in the context of revision of the Labour Code, the national gender policy and the related plan of action, with a view to promoting equality of opportunity and treatment for men and women in employment and occupation, particularly with respect to promoting access to education for girls and women, addressing occupational gender segregation, and raising awareness of workers and employers and their organizations regarding the principle of equality and women’s rights in employment. The Government is also requested to provide statistical information on the labour market situation of women and men in the public and private sectors, disaggregated by economic sector and occupation.

Article 4. Activities prejudicial to the security of the State. Noting that the Government has not replied to its previous request, the Committee again requests the Government to provide information on any measures that may have been taken concerning persons suspected or engaged in activities prejudicial to the security of the State, which may restrict their access to employment and occupation. Please also indicate the procedures establishing the right of appeal available to persons covered under this Article.

Article 5. Special measures of protection or assistance. The Committee recalls its previous comments in which it noted that under section 112 of the Labour Code, the Government has authority to prohibit, by decree, the access of women to certain jobs, subject to an opinion from the National Employment Advisory Committee. The Committee recalls that any restrictions on the employment of women must be strictly limited to maternity protection. The Committee requests the Government to indicate whether the preliminary draft amending and completing certain provisions of the Labour Code, which is currently being prepared, contains any restrictions or limitations on the employment of women and requests the Government to ensure that any restriction regarding the access of women to certain jobs is strictly limited to maternity protection. It also requests 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.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 1 of the Convention. Protection against discrimination. Legislation. For many years the Committee has been emphasizing the gaps in the Labour Code and the General Public Service Regulations as regards protection of workers against discrimination, since these texts cover only some of the grounds of discrimination listed in Article 1(1)(a) of the Convention and only certain aspects of employment, such as wages and dismissal. The Committee notes the Government’s indications that the preliminary draft of a new Act amending and completing certain provisions of the Labour Code, which is currently being prepared, prohibits discrimination on the basis of race, colour, sex, religion, political opinion, national extraction or social origin, at all stages of employment and occupation. It further notes that the preliminary draft has been sent to the social partners in order to receive their comments before the meeting of the National Labour Advisory Committee. Recalling that, where legal provisions are adopted to give effect to the principle of the Convention, these should cover at least all the grounds of discrimination listed in Article 1(1)(a) of the Convention and be concerned with access to vocational training, access to employment and particular occupations, and also conditions of employment (Article 1(3)), the Committee requests the Government to take the necessary steps to ensure the adoption of the preliminary draft of the new Act amending and completing the Labour Code and the amendment of the General Public Service Regulations in order to ensure full protection against discrimination for workers in the public and private sectors, to supply information on the status of the legislative process to this end and to send a copy of the legislative texts once they have been adopted. The Committee also requests the Government to consider the possibility of requesting technical comments from the ILO on the draft legislation before it is adopted.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Articles 1 and 2 of the Convention. Protection against discrimination. Legislation. In its previous comments, the Committee drew attention to a number of gaps in the Labour Code and the General Public Service Statute in the area of the protection of workers from discrimination. It furthermore noted that the Constitution establishes a general ban on all discrimination based on origin, social or material status, racial, ethnic or departmental extraction, sex, education, language, religion, philosophy or place of residence (article 8). Noting that the Government again refers to the Constitution, the Committee would like to point out that although it is important to lay down general provisions on discrimination in the Constitution, in most cases this by itself is not enough to combat discrimination in employment and occupation effectively. The Committee also observed previously that the Labour Code’s provisions on discrimination covered only certain grounds and applied only to wages (section 80) and dismissal (section 42). The Committee requests the Government to take the necessary steps to have the Labour Code amended so as to include provisions that apply to all workers and that define and prohibit expressly direct and indirect discrimination on at least all the grounds of discrimination set forth in Article 1(1)(a) of the Convention, namely, race, colour, sex, religion, political opinion, national extraction or social origin, at all stages of employment and occupation. The Government is also asked to take the necessary measures to introduce provisions in the General Public Service Statute that secure protection against discrimination for public employees as well, as required by the Convention.

Discrimination based on ethnic origin. Indigenous peoples. The Committee notes with interest the adoption of Act No. 5-2011 of 25 February 2011 to promote and protect the rights of indigenous peoples, which contains provisions on consultations, civil and political rights, cultural rights, the right to education, the right to work, the right to property and the right to the environment. The Committee notes in particular that any form of discrimination against indigenous peoples based on their social origin or their indigenous identity, is prohibited in access to employment, working conditions, vocational training, remuneration and social security (sections 2(2) and 27(1), read together). Penalties are laid down for discrimination (section 27(2)). The new Act further establishes that the indigenous children’s right of access to education at all levels, without discrimination and to all forms of learning under the national education system, is guaranteed by the State (section 17(1)). Furthermore, the Act provides for the implementation of special training programmes suited to the economic, social and cultural situation and the specific needs of indigenous peoples, particularly in the areas of education and health (section 28).

The Committee notes that the United Nations Committee on the Elimination of Racial Discrimination (CERD) stated that it was “concerned by the marginalization and discrimination to which the Pygmies are subjected in terms of access to justice and the enjoyment of their economic, social and cultural rights, in particular, access to education, health and the labour market” (CERD/C/COG/CO/9, 23 March 2009, paragraph 15). In its concluding observations, CERD referred to a National Plan of Action to improve the quality of life of the indigenous peoples (2009–2013) (ibid.). The Committee notes that, according to the Government’s report, studies are being conducted with a view to the adoption of regulations to ensure equality of opportunity and treatment in education, employment and education for indigenous peoples. It also notes that statistics are being compiled.

Noting these provisions and this information, the Committee requests the Government to provide information on the following points:

• (i) the application in practice of Act No. 5-2011 of 25 February 2011, specifying the specific measures taken to promote training for persons belonging to indigenous peoples and indigenous children’s access to education and to combat the marginalization and discrimination to which the indigenous peoples are subjected, in particular in the context of the abovementioned plan;
• (ii) the establishment and the running of the Interministerial Committee to Monitor and Evaluate the Promotion and Protection of Indigenous Peoples, to be created pursuant to the Act;
• (iii) the studies conducted and the statistics compiled on the situation of indigenous peoples.

Discrimination based on sex. Sexual harassment. The Committee notes that according to the report submitted by the Government in 2010 under the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), “Many girls and women suffer sexual harassment at work, at school ...” (CEDAW/C/COG/6, 20 July 2010, paragraph 94). The Committee also notes the information supplied by the Government in its report on the present Convention to the effect that implementing texts on sexual harassment in employment and occupation are being prepared. The Committee hopes that these texts will contain a definition of and an express prohibition of all forms of sexual harassment, particularly quid pro quo and hostile working environment harassment, as the Committee urged in its general observation of 2002. The Committee requests the Government to provide information on progress made in the adoption of legislative or regulatory provisions defining and prohibiting sexual harassment, and on any practical measures taken to prevent and eliminate sexual harassment at the workplace.

Discrimination based on national extraction. The Committee notes that according to the Government, the policy of “Congolizing” jobs poses no problems in terms of discrimination based on national extraction “insofar as foreigners have the same rights and freedoms as nationals” (article 42 of the Constitution). The Committee would like first to point out that the concept of discrimination based on national extraction covers distinctions made on the basis of a person’s place of birth, ancestry or foreign origin. The Committee accordingly draws the Government’s attention to the need to monitor the risk of discriminatory practices based on national extraction, and asks it to ensure that in practice the policy of “Congolization” of jobs does not lead to discrimination based on national extraction. The Government is again asked to provide the full text of the judgement of the Pointe-Noire Labour Tribunal ruling that the nationalization of jobs constitutes a legitimate ground for dismissal.

Articles 2 and 3. National policy to promote equality of opportunity and treatment. The Committee notes that the Government’s report contains no reply to its request for information on the measures taken to promote and ensure equality of opportunity and treatment in employment and occupation in relation to all the grounds covered by the Convention. The Committee again asks the Government to provide information on any policy that may have been adopted at national level for the promotion of equal opportunities and treatment, including in particular the application of legislative or administrative measures, the implementation of public policies or action programmes or the establishment of special bodies responsible for promoting equality and hearing complaints.

Equality of opportunity and treatment for men and women. The Committee notes that in its report the Government states that no discrimination against women in employment and occupation has been reported in the country. It notes, however, that according to the abovementioned CEDAW report, many stereotyped patterns exist in the world of work (ibid., paragraph 90) and that “Women’s lack of knowledge of labour law means that they frequently suffer abuses by employers” (ibid., paragraph 144). Women are concentrated in sectors such as teaching, health and agriculture, and there a few women in senior posts (ibid., paragraphs 90–91). The report also stresses the inadequate provision of childcare and women’s limited resources for access thereto restrict their ability to attend training courses and reconcile professional life and family responsibilities, (ibid., paragraph 146). Lastly, the Committee notes from Congo’s 2010 Millennium Development Goals (MDG) report that the proportion of women employed in the public service has fallen from 33.4 per cent in 1990 to 32.53 per cent. The Committee asks the Government to provide detailed information on the following matters:

• (i) the status of men and women in employment in the public and the private sectors;
• (ii) the draft texts referred to by the Government in its report and the measures taken to promote equality of opportunity and treatment between men and women, particularly women’s access to a broader range of jobs and occupations and to resources and means of production;
• (iii) the manner in which equal opportunities are ensured in the public sector in recruitment, promotion and employment conditions;
• (iv) any activities to raise awareness among employers, men and women workers and their organizations about the principle of equality and women’s rights in employment.

Article 4. Activities prejudicial to the security of the State. In the absence of a reply from the Government on this matter, the Committee is bound to repeat its previous request which read as follows:

The Committee notes the Government’s reference to article 45 of its Constitution which provides that treason, espionage for the benefit of a foreign power, crossing over to the enemy in times of war, as well as any other harm to the security of the State are punishable by law. The Committee requests the Government to provide information on any measures that may have been taken concerning persons suspected or engaged in activities prejudicial to the security of the State, which may restrict their access to employment and occupation. Please also indicate the procedures establishing the right of appeal available to persons covered under this Article.

Article 5. Special measures of protection or assistance. In its previous comments, the Committee noted that section 112 of the Labour Code allows the Government to prohibit, by decree, the access of women, including pregnant women, to certain jobs upon the advice of the National Consultative Employment Commission. The Committee requests the Government to indicate whether any decrees to apply section 112 establishing a list of jobs prohibited for women including pregnant women have been adopted and, if so, to provide copies of them.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1, paragraph 1(a), of the Convention. Prohibited grounds of discrimination. The Committee notes that article 8 of the Constitution prohibits discrimination on the basis of origin, social or material situation, racial, ethnic or departmental belonging, sex, education, language, religion, philosophy or place of residence. It also notes that the Labour Code prohibits unequal remuneration on the basis of origin, sex, age or status (section 80), and forbids abusive dismissals based on a worker’s opinion, union activity, membership or non-membership in a political, religious or philosophical group, or in a specific union (section 42). The Committee further notes that the General Public Service Statute outlaws sex discrimination in the application of its provisions and that an individual’s family situation cannot be used discriminatorily against someone seeking employment in the public service (sections 200 and 201). The Committee notes that the ground of colour is not covered by the instruments above and that it is unclear whether national extraction is covered by the term “origin” in the sense of article 8 of the Constitution. The Committee asks the Government to indicate how the Convention is applied in law and in practice with respect to the grounds of colour and national extraction. The Committee would also be grateful if the Government could indicate the specific manner in which workers can rely on the Constitution in practice for protection against discrimination in employment and occupation. Noting that the Convention, by virtue of its ratification, is an integral part of national law (article 184 of the Constitution), the Committee would also appreciate receiving information on how the competent authorities and courts have relied on its provisions.

Discrimination on the basis of sex. Sexual harassment. Further to its 2002 general observation, the Committee asks the Government to provide information in its next report on any measures taken or envisaged to prohibit and prevent sexual harassment in employment and occupation.

Articles 2 and 3. National policy to promote equality of opportunity and treatment. Recalling the importance of formulating, updating and putting into practice a national policy on equality that addresses all the grounds covered by the Convention, the Committee asks the Government to provide information in its next report on the measures taken to promote and ensure equal opportunity and treatment in employment and occupation in relation to all the grounds covered by the Convention, including in areas referred to in Article 3.

Equality of opportunity and treatment of men and women. The Committee notes that the report submitted by the Government under the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) in 2002 refers to a number of initiatives adopted to promote the advancement of women in the country (CEDAW/C/COG/1-5 of 8 April 2002). It notes in particular a policy document adopted by the Government on 15 September 1999, which governs all the decisions to be taken in the field of the advancement of women at the national level including strategies on employment in the formal and informal sector as well as on education. In this regard, the Committee notes that, according to government statistics on the participation in education and training programmes, male students often vastly outnumber their female counterparts and that grants awarded to students in a variety of studies also predominantly favour men. It also notes the accompanying plan of action for 2000–02 including subprogrammes on the rights of women, women’s access to decision-making and women’s access to income. The Committee requests the Government to provide more details about the content, implementation and outcomes of this policy and plan of action and asks whether these have been updated with new initiatives in respect of discrimination in employment and occupation. The Government is also asked to indicate what measures it has taken or plans to take to address the imbalance between men and women in vocational training and to ensure that access to education and training is available without discrimination.

Discrimination on the basis of ethnic origin. The Committee acknowledges the multi-ethnic character of the country and notes the information provided by the Government concerning the “Négrilles” minority. It notes with some concern the Government’s statement that the “sedentariness” of the “Négrilles” prevents employers from assigning them important tasks. The Committee notes the Government’s explanation that this is a result of the discretion exercised by employers rather than any legal or regulatory provision. Nonetheless, it reminds the Government that stereotypes with respect to the nature and working behaviour of people with certain ethnic backgrounds may result in discrimination in practice. The Committee asks the Government to indicate what measures it is taking or plans to take to ensure and promote equality of opportunity and treatment in education, employment and occupation for members of the “Négrilles” minority and to please indicate whether any statistics or studies exist on their social situation.

Discrimination on the basis of national extraction. The Committee notes the reference in the Government’s report to its policy of “Congolization” or “Africanization” of jobs, which it considers necessary to ensure that Congolese and African workers are given priority in employment. In this respect, the Committee emphasizes that, while the Convention does not cover differential treatment on the grounds of nationality, it does cover discrimination on the basis of national extraction. The Committee therefore requests the Government to indicate whether it has knowledge of any case where this policy has led to discrimination on the ground of national extraction (e.g. non-hiring or termination of citizens of foreign origin or birth who are believed to be non-citizens). The Committee also asks the Government to provide the full text of the decision from the Pointe-Noire labour tribunal referred to in its report where the tribunal ruled that the nationalization of jobs is a legitimate basis for dismissal.

Article 3(c). Repealing inconsistent laws. The Committee notes the Government’s report delivered to the Subregional Training Seminar on the Rights of Women and National Legislation in Central Africa (March 2004). In this report, the Government indicates that, with the support of the United Nations Population Fund, a revision of the country’s legislative texts was undertaken to identify discriminatory provisions with respect to the status of women and to formulate draft legislation on a wide range of topics relevant to equality in employment and occupation. The Committee requests the Government to provide any reports stemming from this project, in particular with respect to discrimination against women in employment and occupation. It also asks the Government to indicate what provisions were identified during this work as inconsistent with the principle of equality, whether such provisions were repealed, and if any legislative projects are currently under consideration to further promote the application of the Convention.

Article 3(d). Employment under the direct control of a national authority. The Committee notes from statistics provided in the Government’s CEDAW report the small number of women employed in the public sector as compared to men. The Committee requests the Government to provide information with its next report on the manner in which equal opportunities are ensured in recruitment, promotion, employment conditions and termination of employment in the public sector.

Article 4. Activities prejudicial to the security of the State. The Committee notes the Government’s reference to article 45 of its Constitution which provides that treason, espionage for the benefit of a foreign power, crossing over to the enemy in times of war, as well as any other harm to the security of the State are punishable by law. The Committee requests the Government to provide information on any measures that may have been taken concerning persons suspected or engaged in activities prejudicial to the security of the State, which may restrict their access to employment and occupation. Please also indicate the procedures establishing the right of appeal available to persons covered under this Article.

Article 5. Special measures of protection or assistance. The Committee notes that section 112 of the Labour Code empowers the Government to prohibit women and pregnant women from certain jobs upon the advice of the National Consultative Employment Commission. The Committee asks the Government to provide specific information in its next report on the jobs which have been prohibited to female workers.

Parts III–V of the report form. Please provide information on the practical application of the Convention. Such information might include statistical data disaggregated by sex, race and ethnicity, reports, guidelines or publications, as well as copies of legislation adopted and administrative and judicial decisions, including materials from the Human Rights Commission, as well as any other information that might enable the Committee to assess how the provisions of the Convention are applied in practice.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1, paragraph 1(a), of the Convention. Prohibited grounds of discrimination. The Committee notes that article 8 of the Constitution prohibits discrimination on the basis of origin, social or material situation, racial, ethnic or departmental belonging, sex, education, language, religion, philosophy or place of residence. It also notes that the Labour Code prohibits unequal remuneration on the basis of origin, sex, age or status (section 80), and forbids abusive dismissals based on a worker’s opinion, union activity, membership or non-membership in a political, religious or philosophical group, or in a specific union (section 42). The Committee further notes that the General Public Service Statute outlaws sex discrimination in the application of its provisions and that an individual’s family situation cannot be used discriminatorily against someone seeking employment in the public service (sections 200 and 201). The Committee notes that the ground of colour is not covered by the instruments above and that it is unclear whether national extraction is covered by the term “origin” in the sense of article 8 of the Constitution. The Committee asks the Government to indicate how the Convention is applied in law and in practice with respect to the grounds of colour and national extraction. The Committee would also be grateful if the Government could indicate the specific manner in which workers can rely on the Constitution in practice for protection against discrimination in employment and occupation. Noting that the Convention, by virtue of its ratification, is an integral part of national law (article 184 of the Constitution), the Committee would also appreciate receiving information on how the competent authorities and courts have relied on its provisions.

Discrimination on the basis of sex. Sexual harassment. Further to its 2002 general observation, the Committee asks the Government to provide information in its next report on any measures taken or envisaged to prohibit and prevent sexual harassment in employment and occupation.

Articles 2 and 3. National policy to promote equality of opportunity and treatment. Recalling the importance of formulating, updating and putting into practice a national policy on equality that addresses all the grounds covered by the Convention, the Committee asks the Government to provide information in its next report on the measures taken to promote and ensure equal opportunity and treatment in employment and occupation in relation to all the grounds covered by the Convention, including in areas referred to in Article 3.

Equality of opportunity and treatment of men and women. The Committee notes that the report submitted by the Government under the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) in 2002 refers to a number of initiatives adopted to promote the advancement of women in the country (CEDAW/C/COG/1-5 of 8 April 2002). It notes in particular a policy document adopted by the Government on 15 September 1999, which governs all the decisions to be taken in the field of the advancement of women at the national level including strategies on employment in the formal and informal sector as well as on education. In this regard, the Committee notes that, according to government statistics on the participation in education and training programmes, male students often vastly outnumber their female counterparts and that grants awarded to students in a variety of studies also predominantly favour men. It also notes the accompanying plan of action for 2000–02 including subprogrammes on the rights of women, women’s access to decision-making and women’s access to income. The Committee requests the Government to provide more details about the content, implementation and outcomes of this policy and plan of action and asks whether these have been updated with new initiatives in respect of discrimination in employment and occupation. The Government is also asked to indicate what measures it has taken or plans to take to address the imbalance between men and women in vocational training and to ensure that access to education and training is available without discrimination.

Discrimination on the basis of ethnic origin. The Committee acknowledges the multi-ethnic character of the country and notes the information provided by the Government concerning the “Négrilles” minority. It notes with some concern the Government’s statement that the “sedentariness” of the “Négrilles” prevents employers from assigning them important tasks. The Committee notes the Government’s explanation that this is a result of the discretion exercised by employers rather than any legal or regulatory provision. Nonetheless, it reminds the Government that stereotypes with respect to the nature and working behaviour of people with certain ethnic backgrounds may result in discrimination in practice. The Committee asks the Government to indicate what measures it is taking or plans to take to ensure and promote equality of opportunity and treatment in education, employment and occupation for members of the “Négrilles” minority and to please indicate whether any statistics or studies exist on their social situation.

Discrimination on the basis of national extraction. The Committee notes the reference in the Government’s report to its policy of “Congolization” or “Africanization” of jobs, which it considers necessary to ensure that Congolese and African workers are given priority in employment. In this respect, the Committee emphasizes that, while the Convention does not cover differential treatment on the grounds of nationality, it does cover discrimination on the basis of national extraction. The Committee therefore requests the Government to indicate whether it has knowledge of any case where this policy has led to discrimination on the ground of national extraction (e.g. non-hiring or termination of citizens of foreign origin or birth who are believed to be non-citizens). The Committee also asks the Government to provide the full text of the decision from the Pointe-Noire labour tribunal referred to in its report where the tribunal ruled that the nationalization of jobs is a legitimate basis for dismissal.

Article 3(c). Repealing inconsistent laws. The Committee notes the Government’s report delivered to the Subregional Training Seminar on the Rights of Women and National Legislation in Central Africa (March 2004). In this report, the Government indicates that, with the support of the United Nations Population Fund, a revision of the country’s legislative texts was undertaken to identify discriminatory provisions with respect to the status of women and to formulate draft legislation on a wide range of topics relevant to equality in employment and occupation. The Committee requests the Government to provide any reports stemming from this project, in particular with respect to discrimination against women in employment and occupation. It also asks the Government to indicate what provisions were identified during this work as inconsistent with the principle of equality, whether such provisions were repealed, and if any legislative projects are currently under consideration to further promote the application of the Convention.

Article 3(d). Employment under the direct control of a national authority. The Committee notes from statistics provided in the Government’s CEDAW report the small number of women employed in the public sector as compared to men. The Committee requests the Government to provide information with its next report on the manner in which equal opportunities are ensured in recruitment, promotion, employment conditions and termination of employment in the public sector.

Article 4. Activities prejudicial to the security of the State. The Committee notes the Government’s reference to article 45 of its Constitution which provides that treason, espionage for the benefit of a foreign power, crossing over to the enemy in times of war, as well as any other harm to the security of the State are punishable by law. The Committee requests the Government to provide information on any measures that may have been taken concerning persons suspected or engaged in activities prejudicial to the security of the State, which may restrict their access to employment and occupation. Please also indicate the procedures establishing the right of appeal available to persons covered under this Article.

Article 5. Special measures of protection or assistance. The Committee notes that section 112 of the Labour Code empowers the Government to prohibit women and pregnant women from certain jobs upon the advice of the National Consultative Employment Commission. The Committee asks the Government to provide specific information in its next report on the jobs which have been prohibited to female workers.

Parts III–V of the report form. Please provide information on the practical application of the Convention. Such information might include statistical data disaggregated by sex, race and ethnicity, reports, guidelines or publications, as well as copies of legislation adopted and administrative and judicial decisions, including materials from the Human Rights Commission, as well as any other information that might enable the Committee to assess how the provisions of the Convention are applied in practice.

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

The Committee notes that the Government’s report does not provide a reply to the questions raised by the Committee in its previous comments. The Committee requests the Government to reply to the questions raised in its previous direct request, which read as follows:

1. Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. The Committee notes that article 8 of the Constitution prohibits discrimination on the basis of origin, social or material situation, racial, ethnic or departmental belonging, sex, education, language, religion, philosophy or place of residence. It also notes that the Labour Code prohibits unequal remuneration on the basis of origin, sex, age or status (section 80), and forbids abusive dismissals based on a worker’s opinion, union activity, membership or non-membership in a political, religious or philosophical group, or in a specific union (section 42). The Committee further notes that the General Public Service Statute outlaws sex discrimination in the application of its provisions and that an individual’s family situation cannot be used discriminatorily against someone seeking employment in the public service (sections 200 and 201). The Committee notes that the ground of colour is not covered by the instruments above and that it is unclear whether national extraction is covered by the term “origin” in the sense of article 8 of the Constitution. The Committee asks the Government to indicate how the Convention is applied in law and in practice with respect to the grounds of colour and national extraction. The Committee would also be grateful if the Government could indicate the specific manner in which workers can rely on the Constitution in practice for protection against discrimination in employment and occupation. Noting that the Convention, by virtue of its ratification, is an integral part of national law (article 184 of the Constitution), the Committee would also appreciate receiving information on how the competent authorities and courts have relied on its provisions.

2. Discrimination on the basis of sex. Sexual harassment. Further to its 2002 general observation, the Committee asks the Government to provide information in its next report on any measures taken or envisaged to prohibit and prevent sexual harassment in employment and occupation.

3. Articles 2 and 3. National policy to promote equality of opportunity and treatment. Recalling the importance of formulating, updating and putting into practice a national policy on equality that addresses all the grounds covered by the Convention, the Committee asks the Government to provide information in its next report on the measures taken to promote and ensure equal opportunity and treatment in employment and occupation in relation to all the grounds covered by the Convention, including in areas referred to in Article 3.

4. Equality of opportunity and treatment of men and women. The Committee notes that the report submitted by the Government under the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) in 2002 refers to a number of initiatives adopted to promote the advancement of women in the country (CEDAW/C/COG/1-5 of 8 April 2002). It notes in particular a policy document adopted by the Government on 15 September 1999, which governs all the decisions to be taken in the field of the advancement of women at the national level including strategies on employment in the formal and informal sector as well as on education. In this regard, the Committee notes that, according to government statistics on the participation in education and training programmes, male students often vastly outnumber their female counterparts and that grants awarded to students in a variety of studies also predominantly favour men. It also notes the accompanying plan of action for 2000–02 including subprogrammes on the rights of women, women’s access to decision-making and women’s access to income. The Committee requests the Government to provide more details about the content, implementation and outcomes of this policy and plan of action and asks whether these have been updated with new initiatives in respect of discrimination in employment and occupation. The Government is also asked to indicate what measures it has taken or plans to take to address the imbalance between men and women in vocational training and to ensure that access to education and training is available without discrimination.

5. Discrimination on the basis of ethnic origin. The Committee acknowledges the multi-ethnic character of the country and notes the information provided by the Government concerning the “Négrilles” minority. It notes with some concern the Government’s statement that the “sedentariness” of the “Négrilles” prevents employers from assigning them important tasks. The Committee notes the Government’s explanation that this is a result of the discretion exercised by employers rather than any legal or regulatory provision. Nonetheless, it reminds the Government that stereotypes with respect to the nature and working behaviour of people with certain ethnic backgrounds may result in discrimination in practice. The Committee asks the Government to indicate what measures it is taking or plans to take to ensure and promote equality of opportunity and treatment in education, employment and occupation for members of the “Négrilles” minority and to please indicate whether any statistics or studies exist on their social situation.

6. Discrimination on the basis of national extraction. The Committee notes the reference in the Government’s report to its policy of “Congolization” or “Africanization” of jobs, which it considers necessary to ensure that Congolese and African workers are given priority in employment. In this respect, the Committee emphasizes that, while the Convention does not cover differential treatment on the grounds of nationality, it does cover discrimination on the basis of national extraction. The Committee therefore requests the Government to indicate whether it has knowledge of any case where this policy has led to discrimination on the ground of national extraction (e.g. non-hiring or termination of citizens of foreign origin or birth who are believed to be non-citizens). The Committee also asks the Government to provide the full text of the decision from the Pointe-Noire labour tribunal referred to in its report where the tribunal ruled that the nationalization of jobs is a legitimate basis for dismissal.

7. Article 3(c). Repealing inconsistent laws. The Committee notes the Government’s report delivered to the Subregional Training Seminar on the Rights of Women and National Legislation in Central Africa (March 2004). In this report, the Government indicates that, with the support of the United Nations Population Fund, a revision of the country’s legislative texts was undertaken to identify discriminatory provisions with respect to the status of women and to formulate draft legislation on a wide range of topics relevant to equality in employment and occupation. The Committee requests the Government to provide any reports stemming from this project, in particular with respect to discrimination against women in employment and occupation. It also asks the Government to indicate what provisions were identified during this work as inconsistent with the principle of equality, whether such provisions were repealed, and if any legislative projects are currently under consideration to further promote the application of the Convention.

8. Article 3(d). Employment under the direct control of a national authority. The Committee notes from statistics provided in the Government’s CEDAW report the small number of women employed in the public sector as compared to men. The Committee requests the Government to provide information with its next report on the manner in which equal opportunities are ensured in recruitment, promotion, employment conditions and termination of employment in the public sector.

9. Article 4. Activities prejudicial to the security of the State. The Committee notes the Government’s reference to article 45 of its Constitution which provides that treason, espionage for the benefit of a foreign power, crossing over to the enemy in times of war, as well as any other harm to the security of the State are punishable by law. The Committee requests the Government to provide information on any measures that may have been taken concerning persons suspected or engaged in activities prejudicial to the security of the State, which may restrict their access to employment and occupation. Please also indicate the procedures establishing the right of appeal available to persons covered under this Article.

10. Article 5. Special measures of protection or assistance. The Committee notes that section 112 of the Labour Code empowers the Government to prohibit women and pregnant women from certain jobs upon the advice of the National Consultative Employment Commission. The Committee asks the Government to provide specific information in its next report on the jobs which have been prohibited to female workers.

11. Parts III to V of the report form. Please provide information on the practical application of the Convention. Such information might include statistical data disaggregated by sex, race and ethnicity, reports, guidelines or publications, as well as copies of legislation adopted and administrative and judicial decisions, including materials from the Human Rights Commission, as well as any other information that might enable the Committee to assess how the provisions of the Convention are applied in practice.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. The Committee notes that article 8 of the Constitution prohibits discrimination on the basis of origin, social or material situation, racial, ethnic or departmental belonging, sex, education, language, religion, philosophy or place of residence. It also notes that the Labour Code prohibits unequal remuneration on the basis of origin, sex, age or status (section 80), and forbids abusive dismissals based on a worker’s opinion, union activity, membership or non-membership in a political, religious or philosophical group, or in a specific union (section 42). The Committee further notes that the General Public Service Statute outlaws sex discrimination in the application of its provisions and that an individual’s family situation cannot be used discriminatorily against someone seeking employment in the public service (sections 200 and 201). The Committee notes that the ground of colour is not covered by the instruments above and that it is unclear whether national extraction is covered by the term “origin” in the sense of article 8 of the Constitution. The Committee asks the Government to indicate how the Convention is applied in law and in practice with respect to the grounds of colour and national extraction. The Committee would also be grateful if the Government could indicate the specific manner in which workers can rely on the Constitution in practice for protection against discrimination in employment and occupation. Noting that the Convention, by virtue of its ratification, is an integral part of national law (article 184 of the Constitution), the Committee would also appreciate receiving information on how the competent authorities and courts have relied on its provisions.

2. Discrimination on the basis of sex. Sexual harassment. Further to its 2002 general observation, the Committee asks the Government to provide information in its next report on any measures taken or envisaged to prohibit and prevent sexual harassment in employment and occupation.

3. Articles 2 and 3. National policy to promote equality of opportunity and treatment. Recalling the importance of formulating, updating and putting into practice a national policy on equality that addresses all the grounds covered by the Convention, the Committee asks the Government to provide information in its next report on the measures taken to promote and ensure equal opportunity and treatment in employment and occupation in relation to all the grounds covered by the Convention, including in areas referred to in Article 3.

4. Equality of opportunity and treatment of men and women. The Committee notes that the report submitted by the Government under the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) in 2002 refers to a number of initiatives adopted to promote the advancement of women in the country (CEDAW/C/COG/1-5 of 8 April 2002). It notes in particular a policy document adopted by the Government on 15 September 1999, which governs all the decisions to be taken in the field of the advancement of women at the national level including strategies on employment in the formal and informal sector as well as on education. In this regard, the Committee notes that, according to government statistics on the participation in education and training programmes, male students often vastly outnumber their female counterparts and that grants awarded to students in a variety of studies also predominantly favour men. It also notes the accompanying plan of action for 2000–02 including subprogrammes on the rights of women, women’s access to decision-making and women’s access to income. The Committee requests the Government to provide more details about the content, implementation and outcomes of this policy and plan of action and asks whether these have been updated with new initiatives in respect of discrimination in employment and occupation. The Government is also asked to indicate what measures it has taken or plans to take to address the imbalance between men and women in vocational training and to ensure that access to education and training is available without discrimination.

5. Discrimination on the basis of ethnic origin. The Committee acknowledges the multi-ethnic character of the country and notes the information provided by the Government concerning the “Négrilles” minority. It notes with some concern the Government’s statement that the “sedentariness” of the “Négrilles” prevents employers from assigning them important tasks. The Committee notes the Government’s explanation that this is a result of the discretion exercised by employers rather than any legal or regulatory provision. Nonetheless, it reminds the Government that stereotypes with respect to the nature and working behaviour of people with certain ethnic backgrounds may result in discrimination in practice. The Committee asks the Government to indicate what measures it is taking or plans to take to ensure and promote equality of opportunity and treatment in education, employment and occupation for members of the “Négrilles” minority and to please indicate whether any statistics or studies exist on their social situation.

6. Discrimination on the basis of national extraction. The Committee notes the reference in the Government’s report to its policy of “Congolization” or “Africanization” of jobs, which it considers necessary to ensure that Congolese and African workers are given priority in employment. In this respect, the Committee emphasizes that, while the Convention does not cover differential treatment on the grounds of nationality, it does cover discrimination on the basis of national extraction. The Committee, therefore, requests the Government to indicate whether it has knowledge of any case where this policy has led to discrimination on the ground of national extraction (e.g. non-hiring or termination of citizens of foreign origin or birth who are believed to be non-citizens). The Committee also asks the Government to provide the full text of the decision from the Pointe-Noire labour tribunal referred to in its report where the tribunal ruled that the nationalization of jobs is a legitimate basis for dismissal.

7. Article 3(c). Repealing inconsistent laws. The Committee notes the Government’s report delivered to the Subregional Training Seminar on the Rights of Women and National Legislation in Central Africa (March 2004). In this report, the Government indicates that, with the support of the United Nations Population Fund, a revision of the country’s legislative texts was undertaken to identify discriminatory provisions with respect to the status of women and to formulate draft legislation on a wide range of topics relevant to equality in employment and occupation. The Committee requests the Government to provide any reports stemming from this project, in particular with respect to discrimination against women in employment and occupation. It also asks the Government to indicate what provisions were identified during this work as inconsistent with the principle of equality, whether such provisions were repealed, and if any legislative projects are currently under consideration to further promote the application of the Convention.

8. Article 3(d). Employment under the direct control of a national authority. The Committee notes from statistics provided in the Government’s CEDAW report the small number of women employed in the public sector as compared to men. The Committee requests the Government to provide information with its next report on the manner in which equal opportunities are ensured in recruitment, promotion, employment conditions and termination of employment in the public sector.

9. Article 4. Activities prejudicial to the security of the State. The Committee notes the Government’s reference to article 45 of its Constitution which provides that treason, espionage for the benefit of a foreign power, crossing over to the enemy in times of war, as well as any other harm to the security of the State are punishable by law. The Committee requests the Government to provide information on any measures that may have been taken concerning persons suspected or engaged in activities prejudicial to the security of the State, which may restrict their access to employment and occupation. Please also indicate the procedures establishing the right of appeal available to persons covered under this Article.

10. Article 5. Special measures of protection or assistance. The Committee notes that section 112 of the Labour Code empowers the Government to prohibit women and pregnant women from certain jobs upon the advice of the National Consultative Employment Commission. The Committee asks the Government to provide specific information in its next report on the jobs which have been prohibited to female workers.

11. Parts III to V of the report form. Please provide information on the practical application of the Convention. Such information might include statistical data disaggregated by sex, race and ethnicity, reports, guidelines or publications, as well as copies of legislation adopted and administrative and judicial decisions, including materials from the Human Rights Commission, as well as any other information that might enable the Committee to assess how the provisions of the Convention are applied in practice.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. The Committee notes that article 8 of the Constitution prohibits discrimination on the basis of origin, social or material situation, racial, ethnic or departmental belonging, sex, education, language, religion, philosophy or place of residence. It also notes that the Labour Code prohibits unequal remuneration on the basis of origin, sex, age or status (section 80), and forbids abusive dismissals based on a worker’s opinion, union activity, membership or non-membership in a political, religious or philosophical group, or in a specific union (section 42). The Committee further notes that the General Public Service Statute outlaws sex discrimination in the application of its provisions and that an individual’s family situation cannot be used discriminatorily against someone seeking employment in the public service (sections 200 and 201). The Committee notes that the ground of colour is not covered by the instruments above and that it is unclear whether national extraction is covered by the term “origin” in the sense of article 8 of the Constitution. The Committee asks the Government to indicate how the Convention is applied in law and in practice with respect to the grounds of colour and national extraction. The Committee would also be grateful if the Government could indicate the specific manner in which workers can rely on the Constitution in practice for protection against discrimination in employment and occupation. Noting that the Convention, by virtue of its ratification, is an integral part of national law (article 184 of the Constitution), the Committee would also appreciate receiving information on how the competent authorities and courts have relied on its provisions.

2. Discrimination on the basis of sex. Sexual harassment. Further to its 2002 general observation, the Committee asks the Government to provide information in its next report on any measures taken or envisaged to prohibit and prevent sexual harassment in employment and occupation.

3. Articles 2 and 3. National policy to promote equality of opportunity and treatment. Recalling the importance of formulating, updating and putting into practice a national policy on equality that addresses all the grounds covered by the Convention, the Committee asks the Government to provide information in its next report on the measures taken to promote and ensure equal opportunity and treatment in employment and occupation in relation to all the grounds covered by the Convention, including in areas referred to in Article 3.

4. Equality of opportunity and treatment of men and women. The Committee notes that the report submitted by the Government under the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) in 2002 refers to a number of initiatives adopted to promote the advancement of women in the country (CEDAW/C/COG/1-5 of 8 April 2002). It notes in particular a policy document adopted by the Government on 15 September 1999, which governs all the decisions to be taken in the field of the advancement of women at the national level including strategies on employment in the formal and informal sector as well as on education. In this regard, the Committee notes that, according to government statistics on the participation in education and training programmes, male students often vastly outnumber their female counterparts and that grants awarded to students in a variety of studies also predominantly favour men. It also notes the accompanying plan of action for 2000-02 including subprogrammes on the rights of women, women’s access to decision-making and women’s access to income. The Committee requests the Government to provide more details about the content, implementation and outcomes of this policy and plan of action and asks whether these have been updated with new initiatives in respect of discrimination in employment and occupation. The Government is also asked to indicate what measures it has taken or plans to take to address the imbalance between men and women in vocational training and to ensure that access to education and training is available without discrimination.

5. Discrimination on the basis of ethnic origin. The Committee acknowledges the multi-ethnic character of the country and notes the information provided by the Government concerning the “Négrilles” minority. It notes with some concern the Government’s statement that the “sedentariness” of the “Négrilles” prevents employers from assigning them important tasks. The Committee notes the Government’s explanation that this is a result of the discretion exercised by employers rather than any legal or regulatory provision. Nonetheless, it reminds the Government that stereotypes with respect to the nature and working behaviour of people with certain ethnic backgrounds may result in discrimination in practice. The Committee asks the Government to indicate what measures it is taking or plans to take to ensure and promote equality of opportunity and treatment in education, employment and occupation for members of the “Négrilles” minority and to please indicate whether any statistics or studies exist on their social situation.

6. Discrimination on the basis of national extraction. The Committee notes the reference in the Government’s report to its policy of “Congolization” or “Africanization” of jobs, which it considers necessary to ensure that Congolese and African workers are given priority in employment. In this respect, the Committee emphasizes that, while the Convention does not cover differential treatment on the grounds of nationality, it does cover discrimination on the basis of national extraction. The Committee, therefore, requests the Government to indicate whether it has knowledge of any case where this policy has led to discrimination on the ground of national extraction (e.g. non-hiring or termination of citizens of foreign origin or birth who are believed to be non-citizens). The Committee also asks the Government to provide the full text of the decision from the Pointe-Noire labour tribunal referred to in its report where the tribunal ruled that the nationalization of jobs is a legitimate basis for dismissal.

7. Article 3(c). Repealing inconsistent laws. The Committee notes the Government’s report delivered to the Subregional Training Seminar on the Rights of Women and National Legislation in Central Africa (March 2004). In this report, the Government indicates that, with the support of the United Nations Population Fund, a revision of the country’s legislative texts was undertaken to identify discriminatory provisions with respect to the status of women and to formulate draft legislation on a wide range of topics relevant to equality in employment and occupation. The Committee requests the Government to provide any reports stemming from this project, in particular with respect to discrimination against women in employment and occupation. It also asks the Government to indicate what provisions were identified during this work as inconsistent with the principle of equality, whether such provisions were repealed, and if any legislative projects are currently under consideration to further promote the application of the Convention.

8. Article 3(d). Employment under the direct control of a national authority. The Committee notes from statistics provided in the Government’s CEDAW report the small number of women employed in the public sector as compared to men. The Committee requests the Government to provide information with its next report on the manner in which equal opportunities are ensured in recruitment, promotion, employment conditions and termination of employment in the public sector.

9. Article 4. Activities prejudicial to the security of the State. The Committee notes the Government’s reference to article 45 of its Constitution which provides that treason, espionage for the benefit of a foreign power, crossing over to the enemy in times of war, as well as any other harm to the security of the State are punishable by law. The Committee requests the Government to provide information on any measures that may have been taken concerning persons suspected or engaged in activities prejudicial to the security of the State, which may restrict their access to employment and occupation. Please also indicate the procedures establishing the right of appeal available to persons covered under this Article.

10. Article 5. Special measures of protection or assistance. The Committee notes that section 112 of the Labour Code empowers the Government to prohibit women and pregnant women from certain jobs upon the advice of the National Consultative Employment Commission. The Committee asks the Government to provide specific information in its next report on the jobs which have been prohibited to female workers.

11. Parts III to V of the report form. Please provide information on the practical application of the Convention. Such information might include statistical data disaggregated by sex, race and ethnicity, reports, guidelines or publications, as well as copies of legislation adopted and administrative and judicial decisions, including materials from the Human Rights Commission, as well as any other information that might enable the Committee to assess how the provisions of the Convention are applied in practice.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the information provided by the Government in its first report and requests the Government to provide additional information on the following matters.

1. Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. The Committee notes that article 8 of the Constitution prohibits discrimination on the basis of origin, social or material situation, racial, ethnic or departmental belonging, sex, education, language, religion, philosophy or place of residence. It also notes that the Labour Code prohibits unequal remuneration on the basis of origin, sex, age or status (section 80), and forbids abusive dismissals based on a worker’s opinion, union activity, membership or non-membership in a political, religious or philosophical group, or in a specific union (section 42). The Committee further notes that the General Public Service Statute outlaws sex discrimination in the application of its provisions and that an individual’s family situation cannot be used discriminatorily against someone seeking employment in the public service (sections 200 and 201). The Committee notes that the ground of colour is not covered by the instruments above and that it is unclear whether national extraction is covered by the term "origin" in the sense of article 8 of the Constitution. The Committee asks the Government to indicate how the Convention is applied in law and in practice with respect to the grounds of colour and national extraction. The Committee would also be grateful if the Government could indicate the specific manner in which workers can rely on the Constitution in practice for protection against discrimination in employment and occupation. Noting that the Convention, by virtue of its ratification, is an integral part of national law (article 184 of the Constitution), the Committee would also appreciate receiving information on how the competent authorities and courts have relied on its provisions.

2. Discrimination on the basis of sex. Sexual harassment. Further to its 2002 general observation, the Committee asks the Government to provide information in its next report on any measures taken or envisaged to prohibit and prevent sexual harassment in employment and occupation.

3. Articles 2 and 3. National policy to promote equality of opportunity and treatment. The Committee notes that the Government’s report includes information with respect to equality of opportunity and treatment on the grounds of sex and ethnic origin. Recalling the importance of formulating, updating and putting into practice a national policy on equality that addresses all the grounds covered by the Convention, the Committee asks the Government to provide information in its next report on the measures taken to promote and ensure equal opportunity and treatment in employment and occupation in relation to all the grounds covered by the Convention, including in areas referred to in Article 3.

4. Equality of opportunity and treatment of men and women. The Committee notes that the report submitted by the Government under the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) in 2002 refers to a number of initiatives adopted to promote the advancement of women in the country (CEDAW/C/COG/1-5 of 8 April 2002). It notes in particular a policy document adopted by the Government on 15 September 1999, which governs all the decisions to be taken in the field of the advancement of women at the national level including strategies on employment in the formal and informal sector as well as on education. In this regard, the Committee notes that, according to government statistics on the participation in education and training programmes, male students often vastly outnumber their female counterparts and that grants awarded to students in a variety of studies also predominantly favour men. It also notes the accompanying plan of action for 2000-02 including subprogrammes on the rights of women, women’s access to decision-making and women’s access to income. The Committee requests the Government to provide more details about the content, implementation and outcomes of this policy and plan of action and asks whether these have been updated with new initiatives in respect of discrimination in employment and occupation. The Government is also asked to indicate what measures it has taken or plans to take to address the imbalance between men and women in vocational training and to ensure that access to education and training is available without discrimination.

5. Discrimination on the basis of ethnic origin. The Committee acknowledges the multi-ethnic character of the country and notes the information provided by the Government concerning the "Négrilles" minority. It notes with some concern the Government’s statement that the "sedentariness" of the "Négrilles" prevents employers from assigning them important tasks. The Committee notes the Government’s explanation that this is a result of the discretion exercised by employers rather than any legal or regulatory provision. Nonetheless, it reminds the Government that stereotypes with respect to the nature and working behaviour of people with certain ethnic backgrounds may result in discrimination in practice. The Committee asks the Government to indicate what measures it is taking or plans to take to ensure and promote equality of opportunity and treatment in education, employment and occupation for members of the "Négrilles" minority and to please indicate whether any statistics or studies exist on their social situation.

6. Discrimination on the basis of national extraction. The Committee notes the reference in the Government’s report to its policy of "Congolization" or "Africanization" of jobs, which it considers necessary to ensure that Congolese and African workers are given priority in employment. In this respect, the Committee emphasizes that, while the Convention does not cover differential treatment on the grounds of nationality, it does cover discrimination on the basis of national extraction. The Committee, therefore, requests the Government to indicate whether it has knowledge of any case where this policy has led to discrimination on the ground of national extraction (e.g. non-hiring or termination of citizens of foreign origin or birth who are believed to be non-citizens). The Committee also asks the Government to provide the full text of the decision from the Pointe-Noire labour tribunal referred to in its report where the tribunal ruled that the nationalization of jobs is a legitimate basis for dismissal.

7. Article 3(c). Repealing inconsistent laws. The Committee notes the Government’s report delivered to the Subregional Training Seminar on the Rights of Women and National Legislation in Central Africa (March 2004). In this report, the Government indicates that, with the support of the United Nations Population Fund, a revision of the country’s legislative texts was undertaken to identify discriminatory provisions with respect to the status of women and to formulate draft legislation on a wide range of topics relevant to equality in employment and occupation. The Committee notes that specific studies were carried out and that their conclusions were published in 2002. The Committee requests the Government to provide any reports stemming from this project, in particular with respect to discrimination against women in employment and occupation. It also asks the Government to indicate what provisions were identified during this work as inconsistent with the principle of equality, whether such provisions were repealed, and if any legislative projects are currently under consideration to further promote the application of the Convention.

8. Article 3(d). Employment under the direct control of a national authority. The Committee notes from statistics provided in the Government’s CEDAW report the small number of women employed in the public sector as compared to men. The Committee requests the Government to provide information with its next report on the manner in which equal opportunities are ensured in recruitment, promotion, employment conditions and termination of employment in the public sector.

9. Article 4. Activities prejudicial to the security of the State. The Committee notes the Government’s reference to article 45 of its Constitution which provides that treason, espionage for the benefit of a foreign power, crossing over to the enemy in times of war, as well as any other harm to the security of the State are punishable by law. The Committee requests the Government to provide information on any measures that may have been taken concerning persons suspected or engaged in activities prejudicial to the security of the State, which may restrict their access to employment and occupation. Please also indicate the procedures establishing the right of appeal available to persons covered under this Article.

10. Article 5. Special measures of protection or assistance. The Committee notes that section 112 of the Labour Code empowers the Government to prohibit women and pregnant women from certain jobs upon the advice of the National Consultative Employment Commission. The Committee asks the Government to provide specific information in its next report on the jobs which have been prohibited to female workers.

11. Parts III to V of the report form. Please provide information on the practical application of the Convention. Such information might include statistical data disaggregated by sex, race and ethnicity, reports, guidelines or publications, as well as copies of legislation adopted and administrative and judicial decisions, including materials from the Human Rights Commission, as well as any other information that might enable the Committee to assess how the provisions of the Convention are applied in practice.