Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Gabon (Ratification: 1961)

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

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

Article 1(1)(a) of the Convention. Discrimination on the basis of sex. Sexual harassment. Further to its previous comment concerning the incomplete definition of the concept of sexual harassment, the Committee notes with interest the adoption of Act No. 10-2016 of 5 September 2016 on action to combat harassment at work, which defines sexual harassment as “the imposition on a person, repeatedly, of comments or behaviours of a sexual connotation which either undermine their dignity in light of their degrading or humiliating nature, or create an intimidating, hostile or offensive situation for that person; the use of any form of pressure with the real or apparent aim of obtaining an act or favours of a sexual nature, whether for the perpetrator or for a third person.” It further notes that the Act also contains provisions defining and prohibiting moral harassment (mobbing) and provides for protection against reprisals and a procedure for the treatment of cases of sexual or moral harassment. The Committee also notes the Government’s indication in its report that it is planned that the draft new Labour Code that is under preparation will include the following definitions of sexual harassment: “(1) Either any act consisting of repeated comments or behaviours of a sexual connotation which either undermine a person’s dignity by reason of their degrading or humiliating nature, or create for that person an intimidating, hostile or offensive situation; (2) or any similar act constituting any form of serious pressure, even if it is not repeated, exerted with the real or apparent aim of obtaining an act of a sexual nature, whether for the perpetrator or for a third person” (draft section 5). While emphasizing the progress made in including a hostile working environment in the definitions of sexual harassment, the Committee observes that, in this case, the definitions make reference to the “repeated” nature of the comments or behaviour. It considers that these provisions could have the effect of limiting protection against sexual harassment. The Committee requests the Government to: (i) examine the possibility of reviewing the provisions on hostile working environment sexual harassment during the examination of the draft text of the new Labour Code and the provisions of the Act of 2016 with a view to eliminating the requirement of the repetition of the comments or behaviour that constitute sexual harassment, and provide information on any progress in this regard; (ii) provide information on the measures taken by employers to prevent and deal with sexual harassment; (iii) provide information on the practical measures adopted to raise the awareness of workers, employers and their respective organizations, labour inspectors, lawyers and magistrates concerning sexual harassment; and (iv) provide extracts of collective agreements containing clauses respecting the protection of workers against sexual harassment, under the terms of section 126(9) of the Labour Code.

Discrimination on the basis of national extraction, race, colour or religion. In reply to the Committee’s request to ensure that the policy of the “Gabonization” of jobs does not in practice result in prohibited discriminatory practices, the Government reaffirms that this policy is not at all discriminatory, as it is based on the policy of full employment with a view to reducing the high unemployment rate, in respect of international standards on the subject. The Committee is bound to emphasize once again that it is the manner in which this policy is applied in practice which could result in discriminatory practices on the basis of national extraction, race, colour or religion. The Committee therefore requests the Government to: (i) periodically review the effects of the policy of the “Gabonization” of employment on the hiring and/or dismissal of Gabonese nationals who, on the basis of their foreign extraction, race, colour or religion, might be treated as non-nationals; and (ii) provide data on the number of jobs concerned each year by the policy of the “Gabonization” of employment.

Non-discrimination and the promotion of equality of opportunity and treatment. Indigenous peoples. In response to the Committee’s previous comment concerning the failure of the Forest and Environment Sector Project (PSSE), the objectives of which include the establishment of “conditions of legality and equality for the Babongo, Bakoya, Baka, Barimba, Bagame, Bakouyi and Akoa peoples” and to develop a national equality policy for indigenous peoples in Gabon, the Committee notes that the Government has merely indicated that the Constitution guarantees the same rights and equality for all nationals of Gabon. The Committee urges the Government to adopt specific measures designed to take into account the particular needs of the populations concerned so as to enable them to have access in practice to all levels of education and employment, including the exercise of their traditional and subsistence activities, and to benefit from equality of treatment with other categories of the population. Further noting that a socio-economic study of vulnerable people in rural and forest areas will be conducted by the Inequality Observatory, within the framework of the objectives of the Gabon–UNICEF Programme 2018–22, the Committee requests the Government to provide information on the findings of this study, particularly with regard to the situation of indigenous peoples in rural and forest areas in relation to education and employment and the exercise of their traditional and subsistence activities, and to supply the available statistical data drawing a distinction between wage employment and traditional activities. Finally, the Committee requests the Government to indicate the follow-up measures adopted or envisaged to enable indigenous peoples to benefit in practice from real equality of opportunity and treatment with other categories of the population.

General observation of 2018. With regard to the above issues, and in more general terms, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Statistics. Noting the Government’s indication that it will furnish as soon as possible the requested statistical data on employment, disaggregated by gender, economic sector and occupation, including data regarding indigenous workers, the Committee requests the Government to take the necessary measures to ensure that this data is provided in the near future.

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

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

Repetition

Article 1(1) of the Convention. Definition of discrimination. Legislation. The Committee welcomes the inclusion in the draft new Labour Code of a definition of the concept of “discrimination” that is identical to that of the Convention. The Committee hopes that the draft text of the new Labour Code will soon be adopted and promulgated and requests the Government to provide information on the progress achieved in this respect. It also requests the Government to take the necessary measures to disseminate these new provisions, once they have been adopted, to employers, workers and their respective organizations and to those responsible for the enforcement of the legislation and to provide a copy of the text.

Articles 1(1)(a) and 3. Discrimination on the basis of sex. Legislation. Further to its previous comment concerning the lack of conformity of certain provisions of the Civil Code that are in force (sections 253, 254 and 261) with the provisions of the Convention, the Committee notes the Government’s indication in its report that the Civil Code is still under revision and that the Committee’s comments will be examined. The Committee recalls that laws governing personal and family relations which do not yet provide for equal rights of men and women also continue to have an impact on the enjoyment of equality with respect to work and employment (2012 General Survey on the fundamental Conventions, paragraph 787). The Committee once again urges the Government to take the necessary measures to ensure that the provisions of the Civil Code that have a discriminatory impact on women’s employment, namely sections 253, 254 and 261, are repealed and to provide a copy of the new Civil Code once it has been adopted and promulgated.

With regard to night work by women, as regulated by sections 167 and 169 of the Labour Code, the Committee notes that, in the draft new Labour Code, the provisions prohibiting night work by women in general have been removed, and that the protection measures only concern pregnant women, which is not incompatible with the Convention, insofar as they are strictly limited to the protection of maternity and not based on stereotypes concerning their capacities and role in society. While welcoming the withdrawal of the provisions prohibiting the principle of night work of women in the draft Labour Code, the Committee requests the Government to examine the possibility of the adoption in parallel of accompanying measures to assure the safety of workers, both men and women, during night work and measures for the development of adequate means of transport.

Article 2. Equality of opportunity and treatment of men and women in employment and occupation. Constitution. The Committee welcomes Act No. 001/2018 of 12 January 2018 revising the Constitution of the Republic of Gabon, which amends several articles of the Constitution in support of gender equality, principally in relation to elections, and provides that “the State shall promote equal access by women and men to electoral office and to political and professional responsibilities” (article 24). Welcoming the will of the Government to promote gender equality at the highest level, the Committee requests the Government to provide information on the implementation of article 24 of the Constitution, which promotes the equal access of women and men to professional responsibilities, as well as equal access to political responsibilities, in law and practice, and on any specific measures adopted for this purpose.

National policy on equality. The Committee previously requested the Government to adopt measures to: (1) take effective action to combat stereotypes regarding women’s aspirations, preferences and occupational capacities; and (2) resolve the difficulties faced by women in gaining access to resources and means of production, and particularly credit and land, and to encourage women’s entrepreneurship. The Committee notes that the Government refers once again to the creation of a platform wholly dedicated to women entrepreneurs, the “Women’s Business Centre”, in order to provide support to women wishing to start up their own enterprises. The Committee also notes the Government’s indication that it has introduced a Women’s Day on 17 April each year and that it has decreed that 2015–25 shall be the Decade of the Women of Gabon. According to the information provided by the Government in its 2020 report to UNESCO on the application of the 2005 Convention on the Protection and Promotion of the Diversity of Cultural Expressions, ratified in 2007, the objective of the Decade of the Women of Gabon is the autonomy of women, and the expected results are training, improvement and the deep-rooted transformation of the condition of women at all levels (legal, political, economic and social). The Government adds in the report that the National Advisory Commission of the Decade of the Women of Gabon has been created in this context and that it is engaged in the collection of data on the ground throughout the national territory with a view to improving understanding of the situation of women. The Committee notes these initiatives and requests the Government to provide the results of the national data collection exercise on the condition of the women of Gabon undertaken by the National Advisory Commission of the Decade of the Women of Gabon. It also requests the Government to provide information on: (i) the measures adopted or envisaged to promote equality of opportunity and treatment for men and women, including in relation to employment and occupation; and (ii) information (including statistics) on the activities of the platform for women entrepreneurs since its establishment. In the absence of a response on the following points raised in its previous comments, the Committee reiterates its request concerning the measures adopted to: (i) combat effectively stereotypes regarding women’s aspirations, preferences and professional capacities and their role in society and to enable them to gain access to a broader range of jobs and occupations (through vocational guidance and training free from gender bias); and (ii) resolve the difficulties faced by women in gaining access to resources and means of production, and particularly credit and land. The Government is also requested to provide information on the activities of the Ministry of Equality of Opportunity in relation to the promotion of equality of opportunity and treatment for men and women in employment and occupation.

Promotion of equality of opportunity and treatment without distinction on grounds other than sex. In its previous comments, the Committee requested the Government to formulate and implement a national policy on equality of opportunity and treatment without distinction on grounds of race, colour, religion, political opinion, national extraction or social origin. The Committee notes the Government’s indication that since 2016 it has been developing its policy of equality of opportunity and that many seminars have been organized since then to reinforce capacities to combat more effectively undue privilege and social inequality. In this regard, the Committee recalls that the primary obligation of ratifying States is to declare and pursue a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation with a view to eliminating any discrimination in this respect. It also wishes to emphasize that the implementation of a national equality policy in relation to employment and occupation presupposes the adoption of a range of specific measures, which generally consist of a combination of legislative and administrative measures, collective agreements, public policies, affirmative action measures, dispute resolution and enforcement mechanisms, specialized bodies, practical programmes and awareness-raising (2012 General Survey, paragraphs 841 and 848). In light of the above, the Committee urges the Government to indicate any obstacles encountered in completing the formulation of a policy of equality of opportunity, which it indicates that it has been developing since 2016. It also requests the Government to indicate whether it is planned that the national equality policy will also cover the other grounds of discrimination prohibited by the Convention, with an indication of the specific strategies and measures envisaged or adopted with a view to: (i) combating all forms of discrimination on the basis of race, colour, religion, political opinion, national extraction and social origin; (ii) promoting equality of opportunity and treatment in employment and occupation; and (iii) monitoring and evaluating regularly the results achieved as a basis for reviewing and adapting existing measures and strategies, where necessary.

Articles 2, 3(d) and 5. Equality of opportunity for men and women in the public service. Special affirmative measures. Quotas. With reference to the under-representation of women at the higher categories (A1 and A2) of the public service, the Committee notes with interest the adoption of Act No. 09/2016 of 5 September 2016 establishing quotas in favour of women and young persons, and particularly a quota under which 30 per cent of higher level State positions are reserved for women. The Committee requests the Government to indicate the measures taken in practice for the implementation of this quota and to provide statistical data on personnel in the public service disaggregated by gender and category, with a view to measuring the impact of this measure on the representation of women in the higher categories of the public service. In the absence of information on this point, the Committee once again requests the Government to provide the conclusions of the audit of the public service carried out in 2016.

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 2020, published 109th ILC session (2021)

Article 1(1)(a) of the Convention. Discrimination on the basis of sex. Sexual harassment. Further to its previous comment concerning the incomplete definition of the concept of sexual harassment, the Committee notes with interest the adoption of Act No. 10-2016 of 5 September 2016 on action to combat harassment at work, which defines sexual harassment as “the imposition on a person, repeatedly, of comments or behaviours of a sexual connotation which either undermine their dignity in light of their degrading or humiliating nature, or create an intimidating, hostile or offensive situation for that person; the use of any form of pressure with the real or apparent aim of obtaining an act or favours of a sexual nature, whether for the perpetrator or for a third person.” It further notes that the Act also contains provisions defining and prohibiting moral harassment (mobbing) and provides for protection against reprisals and a procedure for the treatment of cases of sexual or moral harassment. The Committee also notes the Government’s indication in its report that it is planned that the draft new Labour Code that is under preparation will include the following definitions of sexual harassment: “(1) Either any act consisting of repeated comments or behaviours of a sexual connotation which either undermine a person’s dignity by reason of their degrading or humiliating nature, or create for that person an intimidating, hostile or offensive situation; (2) or any similar act constituting any form of serious pressure, even if it is not repeated, exerted with the real or apparent aim of obtaining an act of a sexual nature, whether for the perpetrator or for a third person” (draft section 5). While emphasizing the progress made in including a hostile working environment in the definitions of sexual harassment, the Committee observes that, in this case, the definitions make reference to the “repeated” nature of the comments or behaviour. It considers that these provisions could have the effect of limiting protection against sexual harassment. The Committee requests the Government to: (i) examine the possibility of reviewing the provisions on hostile working environment sexual harassment during the examination of the draft text of the new Labour Code and the provisions of the Act of 2016 with a view to eliminating the requirement of the repetition of the comments or behaviour that constitute sexual harassment, and provide information on any progress in this regard; (ii) provide information on the measures taken by employers to prevent and deal with sexual harassment; (iii) provide information on the practical measures adopted to raise the awareness of workers, employers and their respective organizations, labour inspectors, lawyers and magistrates concerning sexual harassment; and (iv) provide extracts of collective agreements containing clauses respecting the protection of workers against sexual harassment, under the terms of section 126(9) of the Labour Code.

Discrimination on the basis of national extraction, race, colour or religion. In reply to the Committee’s request to ensure that the policy of the “Gabonization” of jobs does not in practice result in prohibited discriminatory practices, the Government reaffirms that this policy is not at all discriminatory, as it is based on the policy of full employment with a view to reducing the high unemployment rate, in respect of international standards on the subject. The Committee is bound to emphasize once again that it is the manner in which this policy is applied in practice which could result in discriminatory practices on the basis of national extraction, race, colour or religion. The Committee therefore requests the Government to: (i) periodically review the effects of the policy of the “Gabonization” of employment on the hiring and/or dismissal of Gabonese nationals who, on the basis of their foreign extraction, race, colour or religion, might be treated as non-nationals; and (ii) provide data on the number of jobs concerned each year by the policy of the “Gabonization” of employment.

Non-discrimination and the promotion of equality of opportunity and treatment. Indigenous peoples. In response to the Committee’s previous comment concerning the failure of the Forest and Environment Sector Project (PSSE), the objectives of which include the establishment of “conditions of legality and equality for the Babongo, Bakoya, Baka, Barimba, Bagame, Bakouyi and Akoa peoples” and to develop a national equality policy for indigenous peoples in Gabon, the Committee notes that the Government has merely indicated that the Constitution guarantees the same rights and equality for all nationals of Gabon. The Committee urges the Government to adopt specific measures designed to take into account the particular needs of the populations concerned so as to enable them to have access in practice to all levels of education and employment, including the exercise of their traditional and subsistence activities, and to benefit from equality of treatment with other categories of the population. Further noting that a socio-economic study of vulnerable people in rural and forest areas will be conducted by the Inequality Observatory, within the framework of the objectives of the Gabon–UNICEF Programme 2018–22, the Committee requests the Government to provide information on the findings of this study, particularly with regard to the situation of indigenous peoples in rural and forest areas in relation to education and employment and the exercise of their traditional and subsistence activities, and to supply the available statistical data drawing a distinction between wage employment and traditional activities. Finally, the Committee requests the Government to indicate the follow-up measures adopted or envisaged to enable indigenous peoples to benefit in practice from real equality of opportunity and treatment with other categories of the population.

General observation of 2018. With regard to the above issues, and in more general terms, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Statistics. Noting the Government’s indication that it will furnish as soon as possible the requested statistical data on employment, disaggregated by gender, economic sector and occupation, including data regarding indigenous workers, the Committee requests the Government to take the necessary measures to ensure that this data is provided in the near future.

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

Article 1(1) of the Convention. Definition of discrimination. Legislation. The Committee welcomes the inclusion in the draft new Labour Code of a definition of the concept of “discrimination” that is identical to that of the Convention. The Committee hopes that the draft text of the new Labour Code will soon be adopted and promulgated and requests the Government to provide information on the progress achieved in this respect. It also requests the Government to take the necessary measures to disseminate these new provisions, once they have been adopted, to employers, workers and their respective organizations and to those responsible for the enforcement of the legislation and to provide a copy of the text.

Articles 1(1)(a) and 3. Discrimination on the basis of sex. Legislation. Further to its previous comment concerning the lack of conformity of certain provisions of the Civil Code that are in force (sections 253, 254 and 261) with the provisions of the Convention, the Committee notes the Government’s indication in its report that the Civil Code is still under revision and that the Committee’s comments will be examined. The Committee recalls that laws governing personal and family relations which do not yet provide for equal rights of men and women also continue to have an impact on the enjoyment of equality with respect to work and employment (2012 General Survey on the fundamental Conventions, paragraph 787). The Committee once again urges the Government to take the necessary measures to ensure that the provisions of the Civil Code that have a discriminatory impact on women’s employment, namely sections 253, 254 and 261, are repealed and to provide a copy of the new Civil Code once it has been adopted and promulgated.

With regard to night work by women, as regulated by sections 167 and 169 of the Labour Code, the Committee notes that, in the draft new Labour Code, the provisions prohibiting night work by women in general have been removed, and that the protection measures only concern pregnant women, which is not incompatible with the Convention, insofar as they are strictly limited to the protection of maternity and not based on stereotypes concerning their capacities and role in society. While welcoming the withdrawal of the provisions prohibiting the principle of night work of women in the draft Labour Code, the Committee requests the Government to examine the possibility of the adoption in parallel of accompanying measures to assure the safety of workers, both men and women, during night work and measures for the development of adequate means of transport.

Article 2. Equality of opportunity and treatment of men and women in employment and occupation. Constitution. The Committee welcomes Act No. 001/2018 of 12 January 2018 revising the Constitution of the Republic of Gabon, which amends several articles of the Constitution in support of gender equality, principally in relation to elections, and provides that “the State shall promote equal access by women and men to electoral office and to political and professional responsibilities” (article 24). Welcoming the will of the Government to promote gender equality at the highest level, the Committee requests the Government to provide information on the implementation of article 24 of the Constitution, which promotes the equal access of women and men to professional responsibilities, as well as equal access to political responsibilities, in law and practice, and on any specific measures adopted for this purpose.

National policy on equality. The Committee previously requested the Government to adopt measures to: (1) take effective action to combat stereotypes regarding women’s aspirations, preferences and occupational capacities; and (2) resolve the difficulties faced by women in gaining access to resources and means of production, and particularly credit and land, and to encourage women’s entrepreneurship. The Committee notes that the Government refers once again to the creation of a platform wholly dedicated to women entrepreneurs, the “Women’s Business Centre”, in order to provide support to women wishing to start up their own enterprises. The Committee also notes the Government’s indication that it has introduced a Women’s Day on 17 April each year and that it has decreed that 2015–25 shall be the Decade of the Women of Gabon. According to the information provided by the Government in its 2020 report to UNESCO on the application of the 2005 Convention on the Protection and Promotion of the Diversity of Cultural Expressions, ratified in 2007, the objective of the Decade of the Women of Gabon is the autonomy of women, and the expected results are training, improvement and the deep-rooted transformation of the condition of women at all levels (legal, political, economic and social). The Government adds in the report that the National Advisory Commission of the Decade of the Women of Gabon has been created in this context and that it is engaged in the collection of data on the ground throughout the national territory with a view to improving understanding of the situation of women. The Committee notes these initiatives and requests the Government to provide the results of the national data collection exercise on the condition of the women of Gabon undertaken by the National Advisory Commission of the Decade of the Women of Gabon. It also requests the Government to provide information on: (i) the measures adopted or envisaged to promote equality of opportunity and treatment for men and women, including in relation to employment and occupation; and (ii) information (including statistics) on the activities of the platform for women entrepreneurs since its establishment. In the absence of a response on the following points raised in its previous comments, the Committee reiterates its request concerning the measures adopted to: (i) combat effectively stereotypes regarding women’s aspirations, preferences and professional capacities and their role in society and to enable them to gain access to a broader range of jobs and occupations (through vocational guidance and training free from gender bias); and (ii) resolve the difficulties faced by women in gaining access to resources and means of production, and particularly credit and land. The Government is also requested to provide information on the activities of the Ministry of Equality of Opportunity in relation to the promotion of equality of opportunity and treatment for men and women in employment and occupation.

Promotion of equality of opportunity and treatment without distinction on grounds other than sex. In its previous comments, the Committee requested the Government to formulate and implement a national policy on equality of opportunity and treatment without distinction on grounds of race, colour, religion, political opinion, national extraction or social origin. The Committee notes the Government’s indication that since 2016 it has been developing its policy of equality of opportunity and that many seminars have been organized since then to reinforce capacities to combat more effectively undue privilege and social inequality. In this regard, the Committee recalls that the primary obligation of ratifying States is to declare and pursue a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation with a view to eliminating any discrimination in this respect. It also wishes to emphasize that the implementation of a national equality policy in relation to employment and occupation presupposes the adoption of a range of specific measures, which generally consist of a combination of legislative and administrative measures, collective agreements, public policies, affirmative action measures, dispute resolution and enforcement mechanisms, specialized bodies, practical programmes and awareness-raising (2012 General Survey, paragraphs 841 and 848). In light of the above, the Committee urges the Government to indicate any obstacles encountered in completing the formulation of a policy of equality of opportunity, which it indicates that it has been developing since 2016. It also requests the Government to indicate whether it is planned that the national equality policy will also cover the other grounds of discrimination prohibited by the Convention, with an indication of the specific strategies and measures envisaged or adopted with a view to: (i) combating all forms of discrimination on the basis of race, colour, religion, political opinion, national extraction and social origin; (ii) promoting equality of opportunity and treatment in employment and occupation; and (iii) monitoring and evaluating regularly the results achieved as a basis for reviewing and adapting existing measures and strategies, where necessary.

Articles 2, 3(d) and 5. Equality of opportunity for men and women in the public service. Special affirmative measures. Quotas. With reference to the under-representation of women at the higher categories (A1 and A2) of the public service, the Committee notes with interest the adoption of Act No. 09/2016 of 5 September 2016 establishing quotas in favour of women and young persons, and particularly a quota under which 30 per cent of higher level State positions are reserved for women. The Committee requests the Government to indicate the measures taken in practice for the implementation of this quota and to provide statistical data on personnel in the public service disaggregated by gender and category, with a view to measuring the impact of this measure on the representation of women in the higher categories of the public service. In the absence of information on this point, the Committee once again requests the Government to provide the conclusions of the audit of the public service carried out in 2016.

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

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

Articles 2 and 3(d) of the Convention. Equality of opportunity and treatment of men and women in the civil service. In its previous comments, the Committee noted that women were under-represented in all civil service categories and that they accounted for only 30 and 35 per cent, respectively, of staff in the top two categories, A1 and A2 (as at December 2006). The Committee notes the Government’s indication that the conclusions of the audit of the civil service are not yet available and that it is therefore unable to provide data on the number of women in category A as a whole. In view of the lack of information on this point, the Committee once again asks the Government for information on the specific measures taken to promote, in practice, equality of opportunity between men and women in the civil service, and, in particular, to increase the number of women in the top categories (A1 and A2), for example through further training. It also asks the Government to provide statistical data, disaggregated by sex, on the numbers of civil servants by category, once such data is available.

Article 2. Promotion of equality of opportunity and treatment without distinction on grounds other than sex. The Committee notes the Government’s indication that equal opportunities have been “a particular focus of Government policy” since 2016. The Committee therefore once again asks the Government to take steps to examine existing inequalities in the country and express its commitment in terms of action, and in the formulating and implementing of a national policy on equality of opportunity and treatment without distinction on the basis of race, colour, religion, political opinion, national extraction or social origin.

Non-discrimination and promotion of equality of opportunity and treatment. Indigenous peoples. The Committee notes that the Government’s report merely indicates that it “regrets that the Forest and Environment Sector Project (PSFE), which was the subject of public authority interest, did not achieve the desired results”. The Committee recalls that one of the objectives of the PSFE was to establish “conditions of legality and equality for the Babongo, Bakoya, Baka, Barimba, Bagama, Bakouyi and Akoa peoples (identity card)” and to develop a national policy for indigenous peoples. The PSFE identified a number of obstacles faced by indigenous peoples, including of an institutional, legal, technical and financial nature. The project highlighted the fact that a “national literacy strategy for Pygmies” had been drawn up, but the Government had still not adopted a “general policy on methods of assisting indigenous peoples to overcome poverty and to secure protection and respect for their dignity, their rights and their cultural origins”, and to ensure that they receive equivalent or better benefits in all areas of government action. Recalling that an effective equality policy needs to include measures to correct de facto inequalities of which certain population groups are victims, the Committee asks the Government to take the necessary steps to ensure equality of opportunity and treatment for indigenous peoples so that they are able, in law, and particularly in practice, to gain access to all levels of education and employment, including by carrying out their traditional and subsistence activities, and to receive equal treatment in relation to other population groups. The Committee also asks the Government to provide information on the measures taken in this respect, including the activities of the Ministry of Equal Opportunities in this area, and any statistical data, disaggregated by sex, on the situation of indigenous peoples in Gabon, distinguishing between traditional activities and paid employment.

Statistics. The Committee notes the Government’s reference, in its report on the application of the Equal Remuneration Convention, 1951 (No. 100), to the establishment by presidential decree of the National Agency of Statistics and Demographic, Economic and Social Studies (ANSEDES), the responsibilities of which include producing, analysing and disseminating official statistics, conducting periodic or specific surveys of general interest in enterprises or households and measuring the main economic indicators of the country. The Committee trusts that the establishment of ANSEDES will enable the collection and analysis of employment data by economic sector and occupation, disaggregated by sex, including data on indigenous workers, and asks the Government to send this statistical information, once it is available.

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

Articles 1(1)(a) and 3(c) of the Convention. Discrimination on the basis of sex. Legislation. The Committee recalls that it has been emphasizing since 2005 that certain provisions of the Civil Code (section 253, under the terms of which the husband is the head of family; section 254, under which the husband determines the place of family residence; and section 261 respecting the exercise of an occupation by the wife) by their nature, limit the freedom of women to work and can result in discrimination in employment and occupation. In its most recent comments (in 2013), the Committee noted that two Bills to repeal and replace the Civil Code (Act No. 19/89 of 30 December 1989) had been submitted to Parliament and it expressed the firm hope that the provisions of the Civil Code that have a discriminatory effect on women would be repealed in the near future. With reference to paragraph 787 of its General Survey on the fundamental Conventions, 2012, the Committee recalls that the laws governing personal and family relations which do not yet provide for equal rights of men and women also continue to have an impact on the enjoyment of equality with respect to work and employment. Distinctions based on civil status, marital status, or more specifically family situation (particularly with regard to responsibilities for dependent persons), are contrary to the Convention when they have the effect of imposing a requirement or condition on an individual of a particular sex that would not be imposed on an individual of the other sex. It also recalls that the protection provided by the Convention against discrimination applies equally to either sex, and the adoption of national legislation which ensures equal rights and responsibilities for men and women is an important step in the pursuit of equality in society. The Committee observes that the Government states that the draft revised versions of the Civil Code and the Labour Code are still before Parliament and have not yet been adopted. The Committee also notes that the Government’s report does not contain any information on the content of the draft revised version of the Labour Code. The Committee asks the Government to take the necessary steps to ensure that the provisions of the Civil Code that have a discriminatory impact on women’s employment are repealed in the near future and to provide a copy of the amended Civil Code. Regarding night work by women, as regulated by sections 167 and 169 of the Labour Code, the Committee asks the Government as part of the revision of the Labour Code which has been in progress for a number of years, to critically review these provisions in the light of the principle of equality of opportunity and treatment for men and women, while examining whether measures need to be adopted for the security of the workers and the development of adequate means of transport.

Article 1(1)(a). Sexual harassment. The Committee notes that the Government’s report merely states that the Government will send copies of the legislative standards that will be adopted to give effect to the law. The Committee notes that the Government, in its replies to the questions concerning its report to the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), indicates that the draft revised version of the Labour Code contains provisions defining sexual harassment as subjecting a person at work or in the workplace to pressure or verbal, physical or moral violence for one’s personal satisfaction or to gain a sexual favour for oneself or for a third party (CEDAW/C/GAB/Q/6/Add.1, 30 January 2015, paragraph 13). The Committee observes that this definition is too restrictive to cover the full range of behaviour that constitutes sexual harassment since it omits conduct or remarks that create an intimidating, hostile or offensive work environment (see General Survey, 2012, paragraphs 789–794). The Committee trusts that the draft revised version of the Labour Code will be adopted soon and asks the Government to take the necessary steps to ensure that the provisions relating to sexual harassment define and explicitly prohibit both quid pro quo and hostile work environment sexual harassment. It also asks the Government to take practical steps to raise awareness of the issue of sexual harassment among workers, employers and their respective organizations, and also among labour inspectors, lawyers and magistrates, including through the production and dissemination of information and advisory leaflets and radio or TV programmes, or through campaigns or information meetings. The Committee asks the Government to specify any steps taken towards this end.

Discrimination on the basis of national extraction, race, colour or religion. The Committee notes the Government’s undertaking to remain vigilant in the implementation of the “Gabonization” employment policy, so that this policy “does not overstep international standards”. Recalling the risk of discriminatory practices based on national extraction, race, colour or religion in the context of the implementation of such a policy, the Committee asks the Government to periodically review its impact on the hiring or dismissal of Gabonese nationals who, on account of their foreign origin, race, colour or religion, might be treated as non-nationals. The Committee also asks the Government to provide data on the number of jobs affected each year by the policy of the “Gabonization” of employment.

Article 2. National policy on equality. Equality of opportunity and treatment for men and women in employment and occupation. The Committee notes with regret that the Government’s report does not contain any information on the implementation of the National Equality and Gender Equity Strategy, adopted in 2010, or on any measures to promote gender equality. However, the Committee recalls that the strategy document contained an analysis of gender inequalities and disparities, according to which women were poorer, at greater risk of unemployment, less educated and less well-trained than men, faced problems in terms of access to land, means of production and credit, and were unaware of their rights. The Committee also notes that CEDAW, in its concluding observations, expressed concern “at the persistence of adverse cultural norms, practices and traditions and patriarchal attitudes and deep-rooted stereotypes regarding the roles, responsibilities and identities of women and men in the family and society” (CEDAW/C/GAB/CO/6, 11 March 2015, paragraph 20). The Committee has also learned that the Government has approved a proposal to create the “Women Business Center”, a platform wholly dedicated to women entrepreneurs. The Committee asks the Government to take steps to promote equality of opportunity and treatment for men and women in employment and occupation, including by effectively combating stereotypes regarding women’s aspirations, preferences and capabilities and their role in society and enabling them to have access to a wider range of jobs and occupations, through vocational guidance and training which are free from gender bias. The Committee asks the Government to provide information on the steps taken and their results and also on the activities of the Ministry of Equal Opportunities in relation to this matter. Lastly, the Committee asks the Government once again to take steps in the near future to resolve the difficulties that women face in gaining access to resources and the means of production, particularly credit and land, and to encourage women’s entrepreneurship. The Committee asks the Government to provide information on all steps taken in this respect.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 1 of the Convention. Discrimination based on sex. Legislation. With regard to the provisions that discriminate against women set out in sections 253 (the husband is the head of family), 254 (the husband determines the place of family residence) and 261 (the exercise of an occupation by women) of the Civil Code, which, in practice, can result in obstacles to the employment of women, the Committee notes that, according to the Government’s report, two Bills to repeal and amend Act No. 19/89 of 30 December 1989 adopting the Civil Code have been submitted to Parliament. The Committee trusts that the provisions of the Civil Code which discriminate against women will be repealed in the near future and requests the Government to provide a copy of the amended Civil Code. Regarding night work of women, as regulated by sections 167 and 169 of the Labour Code, the Committee requests the Government, in the context of the process of revising the Labour Code, to critically review these provisions in light of the principle of equality of opportunity and treatment for men and women, while examining whether there is a need to adopt measures for the security and development of adequate means of transport, with a view to ensuring that the provisions of the Labour Code do not constitute an obstacle to the employment of women.

Sexual harassment. The Committee notes the Government’s indication that the draft revision of the Labour Code contains provisions prohibiting sexual harassment. The Committee recalls the importance of clearly defining and prohibiting both quid pro quo and hostile environment sexual harassment (see General Survey on fundamental Conventions, 2012, paragraphs 789–794). The Committee hopes that the draft revision of the Labour Code will soon be adopted and that it will define and explicitly prohibit sexual harassment (both quid pro quo and a hostile work environment), and invites the Government to send the draft text to the Office for technical advice. The Committee also encourages the Government to implement awareness raising and preventive measures against sexual harassment, such as leaflets and information meetings and campaigns, and to indicate the measures taken in this respect. Please also provide information on activities by workers’ and employers’ organizations to raise awareness and provide information on sexual harassment at work.

National policy on equality. Equality between men and women. The Committee notes the Government’s indication that the National Equality and Gender Equity Strategy, adopted in 2010, has still not been implemented, and that the Ministry is still seeking funding and technical support. The Committee observes that the strategy document contains an analysis of gender inequalities and disparities, according to which women are poorer, more exposed to unemployment, less educated and less well trained than men. According to the Strategy, there is a high level of discrimination in access to employment; women are faced with problems relating to access to land, production factors, inputs, technical supervision, agricultural information and credit, and do not know their rights. The Committee also notes that the strategy document identifies many texts containing provisions which discriminate against women, including with regard to recruitment in the fields of security and defence, and emphasizes the inadequacy of existing legislation, for example with regard to inheritance. The Committee requests the Government to provide information on the measures taken to implement the 2010 National Equality and Gender Equity Strategy to promote equality of opportunity and treatment between men and women with respect to education, vocational training, employment and occupation, and to repeal the discriminatory legal provisions to which it has referred. The Committee also requests the Government to take the necessary measures to ensure that the existing legislation is enforced and the difficulties faced by women in accessing resources and production factors, particularly credit and land are remedied. Please supply information on the measures taken in this regard.

Equality between men and women in the public service. In its previous comments, the Committee noted that women were under-represented in all public service categories, and that they accounted for only 30 and 35 per cent respectively of staff in the top two categories, A1 and A2 (as at December 2006). The Committee reiterates its request for information on the specific measures taken to promote, in practice, equality of opportunity between men and women in the public service, and particularly to increase the number of women in the top categories (A1 and A2), for example through continuous training, and it requests the Government to continue to provide statistical data, disaggregated by sex, on the number of public servants by category.

Discrimination based on national extraction, race colour or religion. With regard to the policy of the “Gabonization” of employment, taking into account the explanations provided previously by the Government, the Committee requests it to remain vigilant concerning the risk of discriminatory practices based on national extraction, race, colour or religion in the context of the implementation of this policy. The Committee also invites the Government to re examine periodically its effects on the hiring or dismissal of Gabonese nationals who, due to their foreign origin, race, colour or religion, could be treated as non-nationals.

Promotion of equality of opportunity and treatment without distinction on grounds other than sex. The Committee reiterates its request to the Government to take the necessary steps to examine existing inequalities in the country so as to determine the necessary measures to bring them to an end, and to provide information on the measures taken to declare and pursue a national policy on equality of opportunity and treatment without distinction based on race, colour, religion, political opinion, national extraction or social origin.

Non-discrimination and equality of opportunity and treatment. Indigenous peoples. The Government indicates that education is accessible to all children without distinction, and that in employment and the exercise of their traditional and subsistence activities, “Pygmies” do not suffer from any discrimination and are treated on an equal footing with all citizens of Gabon. The Committee also notes that an Indigenous Peoples Development Plan (PSFE) was adopted in July 2005, in the context of the Forest and Environment Sector Programme (FESP). The main objectives of the Plan include the establishment of “conditions of legality and equality for the Babongo, Bakoya, Baka, Barimba, Bagama, Bakouyi and Akoa (identity card)” and the development of a national policy for indigenous peoples. The Committee notes that the Development Plan identifies a number of obstacles faced by indigenous peoples, including of an institutional, legal, technical and financial nature, and details the measures to be taken to address them. The Plan also highlights that a “national literacy strategy for Pygmies” has been developed, but the Government has still not adopted the general policy on the means of assisting indigenous peoples to combat poverty and to protect and respect their dignity, their rights and cultural origins, and to ensure that they receive equivalent or higher benefits in all government interventions. Recalling that an effective equality policy needs to include measures aimed at correcting de facto inequalities of which certain categories of the population are victims, the Committee asks the Government to provide detailed information on the following points:

• (i) data disaggregated by sex on the situation of “Pygmies” in Gabon, indicating traditional activities and salaried employment respectively;
• (ii) the measures taken to implement the 2005 PSFE;
• (iii) the progress in the work to develop a national policy for indigenous peoples, as envisaged in the PSFE, to give them access in law, and also and in particular in practice, to all levels of education and employment, to exercise their traditional and subsistence activities and to benefit from equality of treatment in employment and occupation;
• (iv) the measures taken or envisaged to ensure indigenous peoples are aware of their rights and to allow them to participate in decisions which concern them; and
• (v) the measures taken or envisaged to raise the awareness of other members of the population on the culture and way of life of indigenous peoples and to encourage mutual tolerance.

Statistics. The Committee requests the Government to take the necessary measures to collect data on the status of men and women in employment, by economic sector and occupation, and asks it to provide this information as soon as it becomes available.

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

Article 1 of the Convention. Discrimination based on sex. With regard to the provisions that discriminate against women set out in sections 253, 254 and 261 of the Civil Code, the Committee notes that according to the Government’s report, two bills to repeal and amend Act No. 19/89 of 30 December 1989 issuing the Civil Code were adopted by the Council of Ministers on 16 February 2011 and were forwarded to the State Council prior to examination by Parliament. The Committee trusts that the Government will take the necessary steps to ensure that the two bills to repeal and amend Act No. 19/89 of 30 December 1989 issuing the Civil Code are submitted to Parliament in the near future and will be adopted shortly. It asks the Government to provide a copy of these texts as soon as they have been adopted.

Sexual harassment. The Committee notes the Government’s statement that sexual harassment is prohibited in employment and occupation by ethics and by policy measures. It notes, however, that in its previous report the Government stated that legal provisions would be adopted to prevent sexual harassment in the workplace. The Committee also notes that the Labour Code provides that collective agreements liable to be extended must include provisions on the protection of workers against sexual harassment (section 126(19)). The Committee asks the Government to take the necessary steps to ensure the adoption of legal provisions defining and expressly prohibiting sexual harassment in employment and occupation. It asks the Government to provide information on the content of the measures prohibiting sexual harassment at the workplace to which it refers in its report, the preventive measures (leaflets, meetings and information campaigns, etc.) and the means of redress available to workers subjected to such practices. Please also provide extracts of any collective agreements containing clauses to ensure protection for workers against sexual harassment, specifying whether the agreements concerned have been extended.

National policy on equality. Equality between men and women. Noting the adoption on February 2010 of the “National Strategy on Equality and Gender Equity”, the Committee requests the Government to provide a copy of the National Strategy together with detailed information, in its next report, on measures already implemented to promote equality for men and women in employment and occupation, including in education and vocational training.

Equality between men and women in the public service. The Committee notes the data, disaggregated by sex, on numbers in the public service according to job category (status as at December 2006). It notes that women are under represented in all public service categories and that they account for only 30 per cent and 35 per cent respectively of staff in the top two categories, A1 and A2. The Committee requests the Government to provide information on the specific measures taken to promote equality between men and women in the public service, in particular to increase the number of women in the top categories (A1 and A2), and to continue to provide statistical data, disaggregated by sex, on numbers in the public service by category.

Equality between men and women in the private sector. The Committee notes the information provided by the Government concerning the measures taken to promote access for girls to technical education and to raise awareness of the gender approach and equality between men and women. The Committee requests the Government to continue to provide information on the measures taken to promote equality between men and women in the private sector, in particular under the National Strategy on Equality and Gender Equity, and on the results obtained.

Discrimination based on national extraction. With regard to the policy of “Gabonization” of jobs, the Government states in its report that the aim is in fact to promote employment for nationals without this being treated as discrimination based on national extraction. As the Committee pointed out in earlier comments, the notion of discrimination based on national extraction covers distinctions made according to place of birth, ancestry or foreign origin. The information provided by the Government indicates that the policy to “Gabonize” employment does not seek to discriminate against workers on grounds of national extraction. Nonetheless, the Committee considers that such a policy may have the effect of generating discriminatory practices, in particular by creating obstacles to employment, vis-à-vis Gabonese nationals of foreign origin, or by depriving them of employment. The Committee accordingly asks the Government to monitor the risk of discriminatory practices based on national extraction in the context of implementing the “Gabonization” policy, and to ensure that in practice the policy does not lead to such discrimination, in particular the refusal to hire or the dismissal of Gabonese nationals of foreign origin who would be treated as non-nationals.

Promotion of equality of opportunity and treatment without distinction on grounds other than sex. The Government indicates in its report that equality of opportunity and treatment without distinction on grounds other than sex is a reality in Gabon, and refers in this connection to the provisions of section 8 of the Labour Code which prohibit all forms of discrimination on the grounds set forth in the Convention. While noting this information and observing that such provisions are an important factor in the national policy on equality, the Committee would like to stress that formulating and implementing a national policy on equality, in accordance with Articles 2 and 3 of the Convention, consists in adopting and applying a range of legislative and administrative measures, public policies, and specific programmes intended not only to prohibit and prevent discrimination but also to remedy de facto inequalities affecting the most vulnerable groups in society. The Committee accordingly asks the Government to take the necessary steps to examine inequalities existing in the country so as to determine the measures needed to remedy them, and to provide information on the measures taken to formulate and apply a national policy on equality of opportunity and treatment without distinction based on race, colour, religion, political opinion, national extraction or social origin.

Discrimination based on race or ethnic origin. Indigenous peoples. The Committee requests the Government to provide information on the situation of “Pygmies” in employment and occupation, more particularly as regards access to education, the conduct of their traditional activities and their subsistence activities.

Part V of the report form. Statistics. Noting the Government’s statement that with support from the United Nations Population Fund (UNFPA), the Government has undertaken to conduct a demographic and social (second generation) survey, the Committee trusts that it will take the necessary steps to collect data on the status of men and women in employment, by sector of activity, and asks it to provide such statistical information as soon as it becomes available.

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

Article 1 of the Convention. Gender-based discrimination. In its previous comments the Committee underlined the discriminatory nature of sections 253, 254 and 261 of the Civil Code and noted that an inter-ministerial committee was due to be set up to examine and revise all provisions which were discriminatory against women. The Committee notes the Government’s statement in its brief report that it notes the comments concerning the need to revise the abovementioned provisions of the Civil Code. Recalling that these provisions may have a negative impact on access to employment and occupation for women, the Committee requests the Government to take the necessary steps to ensure that the discriminatory provisions of sections 253, 254 and 261 of the Civil Code are examined and revised within the inter-ministerial committee or in any other appropriate manner. It requests the Government to provide information on progress made on the revision of the legislation and to send copies of any new legal provisions adopted in relation to equality of opportunity and treatment for men and women in respect of employment and occupation.

Sexual harassment. In its previous comments, the Committee expressed the hope that the Government would take the necessary steps to ensure that there is specific legislation prohibiting both forms of sexual harassment in the workplace, that is quid pro quo and hostile work environment harassment, as defined in the general observation of 2002. The Committee notes the Government’s confirmation in its report that legal provisions will be adopted to prevent sexual harassment in the workplace. The Committee requests the Government to supply information on the specific measures taken to incorporate provisions in the legislation to prevent sexual harassment at work, and also on any other measure taken or contemplated to prevent this discriminatory practice.

Equality between men and women in the public sector. The Committee notes that the Government’s report does not contain any reply to its request concerning the participation of women in the public sector. The Committee therefore requests the Government once again to provide information on the measures taken to increase women’s participation in public institutions, including in high-level posts, and to provide all available statistical information on the employment of women in the public sector so that it can better evaluate the impact of the measures taken.

Equality between men and women in the private sector. In its report, the Government again assures the Committee of the effective application of the principle of equality between men and women provided for by section 8 of the Labour Code. Recalling that the existence of national legislation which is in conformity with the Convention is a necessary but not sufficient prerequisite for effective application of the Convention’s principles, the Committee requests the Government to supply information on the specific measures taken to combat gender-based discrimination in the private sector, such as information and awareness-raising campaigns relating to the principle of equality of opportunity and treatment between men and women in employment. It also requests the Government to provide information on the application in practice of section 8 of the Labour Code, particularly infringements reported by labour inspectors and any court decision issued under this section.

The Committee further notes that the Government’s report does not contain any reply to its previous comments on the following points:

National policy. The Committee notes that on 10 August 2006 the Ministry
of the Family, the Protection of Children and the Advancement of Women
sent a request to the United Nations Development Programme (PNUD/1085/MFPEPF/Cab/DCF) for support in drafting a gender policy on a participatory basis that takes account of all strata of society, with a view to ensuring observance of equity between the sexes and securing social justice. The Committee stresses the importance of a national policy for applying the principle of equality set forth in the Convention. It, therefore, expresses the hope that the Government will soon be able to prepare its gender policy, and encourages the Government to include in the policy provisions on equality of opportunity and treatment between men and women in employment and occupation. It requests the Government to keep it informed of the progress made in this regard.

Discrimination on ground of national extraction. In its previous comments, the Committee noted on the issue of the “Gabonization” of employment that, although the Convention does not prohibit discrimination on grounds of nationality, such practice would be contrary to the principle of the Convention if it led to actual discrimination for reasons of national extraction. The Committee likewise noted that section 8 of the Labour Code prohibits discrimination based on national extraction in employment and working conditions. It reminds the Government that, although legislation is important in order to give effect to the Convention in law, it is not sufficient to secure fulfilment of all the Government’s obligations vis-à-vis the Convention. The Government has a duty to take proactive measures to ensure effective protection against discrimination on all the grounds set out in the Convention for employees in the public and private sectors. It notes that, in its last report, the Government merely indicates that it ensures that its policy of “Gabonization” of employment is not discriminatory. In view of the foregoing, the Committee reiterates its request to the Government to provide specific information on how it ensures in practice that the “Gabonization” policy does not lead to discrimination on the ground of national extraction, i.e. non-employment or dismissal of Gabonese nationals of foreign origin or born abroad, who are treated as non-nationals.

Promoting equality of opportunity and treatment without discrimination on grounds other than sex. The Committee notes that the Government undertakes to send information on the measures taken to promote equal opportunities and to combat discrimination on grounds other than sex. The Committee hopes that the Government will endeavour in its next report to provide full information on this matter.

Part V of the report form. In its previous comments, the Committee noted that the Government was having difficulty providing statistical information disaggregated by sex and by sector of activity. It further noted that the Observatory on the Rights of Women and Equality collects data on equality in various domains. The Committee notes that the Government does not as yet have the information collected by the Observatory on the Rights of Women and Equality. The Committee hopes that the Government will take the necessary measures to disaggregate statistics by sex and by sector of activity to the extent possible, particularly in the case of national censuses. The Committee reminds the Government that it may call upon the ILO for technical assistance in order to improve the collection and processing of statistics. It again expresses the hope that progress will be made in data collection and asks the Government to provide the information collected by the Observatory on the Rights of Women and Equality.

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

1. Article 1 of the Convention. Gender-based discrimination. The Committee refers the Government to its previous comments on sections 253, 254 and 261 of the Civil Code. The Committee noted previously that, under sections 253 and 254, the husband is the head of the family and determines the place of residence where the wife is required to live unless a court authorizes some other arrangement. Furthermore, section 261 provides that a woman may exercise the occupation of her choice, but that her husband may ask the court to prevent her from doing so in the interest of the family. The Committee points out that these provisions may lead to discrimination against women in employment and occupation. The Committee notes from the responses to a list of questions put by the Committee on the Elimination of Discrimination against Women in its consideration of the combined third and fourth periodic reports (CEDAW/PS/WG/2005/I/CRP.2/Add.2, 6 October 2004, page 4) that, following the presentation of the social and legal study on Gabonese women, the Government decided to set up an inter-ministerial committee for the purpose of reviewing the discriminatory aspects of the various codes as regards women. The Committee notes that the Government undertakes in its report to send the Committee any new provisions concerning the rights and duties of men and women in the family and in the area of employment and training. The Committee hopes that the Government will ensure that the abovementioned inter-ministerial committee will explore and implement the measures needed to revise sections 253, 254 and 261 of the Civil Code in order to bring it in conformity with the provisions of the Convention. It asks the Government to send specific information on the inter-ministerial committee’s work on equal access to employment and training. Please also provide information on the status of the revision of the legislation, particularly sections 253, 254 and 261.

2. Sexual harassment. The Committee recalls that, according to the report submitted by the Government to the Committee on the Elimination of Discrimination against Women, sexual harassment is one of the subjects under discussion in the National Assembly with a view to introducing it into the Penal Code (CEDAW/C/GAB/2-5, 25 June 2003, page 18). The Committee hopes that the Government will take steps to ensure that there is specific legislation prohibiting in the working environment both forms of sexual harassment, i.e. “quid pro quo” and hostile work environment, as defined in the general observation of 2002. The Committee notes that in its latest report the Government undertakes to send the Committee all new information concerning the prohibition and elimination of sexual harassment in employment. The Committee reiterates its request to the Government to send information on progress made in adopting legal provisions to prohibit sexual harassment in employment, and asks it to provide information on any measures taken to prevent and address sexual harassment.

3. Equality between men and women in the public sector. The Committee notes that, following recommendations by the Ministry of the Family, the Protection of Children and the Advancement of Women on increasing the number of women in high-level posts, nine women have been promoted in the Ministry of Labour, two of whom have been appointed to posts of deputy secretary-general and one to deputy general inspector of services, and the others to various posts which are equally important. The Committee encourages the Government to pursue its efforts to increase the percentage of women in management posts and directorships in the public sector. The Committee requests the Government to continue to keep it informed of measures taken to increase women’s participation in public institutions, including in high-level posts. It asks the Government to provide full statistical information in its next report on women’s participation in all categories of employment in the public sector so that it can better assess the impact of the measures taken.

4. Equality between men and women in the private sector. In its previous comments, the Committee pointed out that, according to the report submitted by the Government to the Committee on the Elimination of Discrimination against Women, employers prefer to hire men for certain positions which require regular attendance and physical strength, because it protects them against women’s absences due to maternity leave (CEDAW/C/GAB/2-5, 25 June 2003, page 16). The Government indicates in this connection that section 8 of the Labour Code prohibits all discrimination on the ground of sex and that it ensures scrupulous observance of this provision. The Committee reminds the Government that existence of domestic legislation that is in conformity with the Convention is a necessary but not sufficient prerequisite for effective application of the Convention’s principles. The Government has a duty to take proactive measures to ensure that the legislation concerning the principle of equality of treatment and opportunity between men and women in employment and occupation is correctly and effectively applied. The Committee further notes that, according to the Government, women’s participation in enterprises is on the increase. It notes, however, that the Government provides no statistical information on the proportion of women in the labour market. It reminds the Government that it is important to provide statistical information so that the Committee can better assess progress made by the Government and the challenges that still need to be addressed. The Committee asks the Government to provide information on the measures taken to eliminate gender-based discrimination in the private sector, including information and advocacy campaigns to promote the principle of equality. The Government is also asked to provide information on the practical effect given to section 8 of the Labour Code, and particularly on court decisions handed down thereunder.

5. National policy. The Committee notes that on 10 August 2006 the Ministry of the Family, the Protection of Children and the Advancement of Women sent a request to the United Nations Development Programme (PNUD/1085/MFPEPF/Cab/DCF) for support in drafting a gender policy on a participatory basis that takes account of all strata of society, with a view to ensuring observance of equity between the sexes and securing social justice. The Committee stresses the importance of a national policy for applying the principle of equality set forth in the Convention. It, therefore, expresses the hope that the Government will soon be able to prepare its gender policy, and encourages the Government to include in the policy provisions on equality of opportunity and treatment between men and women in employment and occupation. It requests the Government to keep it informed of the progress made in this regard.

6. Discrimination on ground of national extraction. In its previous comments, the Committee noted on the issue of the “Gabonization” of employment that, although the Convention does not prohibit discrimination on grounds of nationality, such practice would be contrary to the principle of the Convention if it led to actual discrimination for reasons of national extraction. The Committee likewise noted that section 8 of the Labour Code prohibits discrimination based on national extraction in employment and working conditions. It reminds the Government that, although legislation is important in order to give effect to the Convention in law, it is not sufficient to secure fulfilment of all the Government’s obligations vis-à-vis the Convention. The Government has a duty to take proactive measures to ensure effective protection against discrimination on all the grounds set out in the Convention for employees in the public and private sectors. It notes that, in its last report, the Government merely indicates that it ensures that its policy of “Gabonization” of employment is not discriminatory. In view of the foregoing, the Committee reiterates its request to the Government to provide specific information on how it ensures in practice that the “Gabonization” policy does not lead to discrimination on the ground of national extraction, i.e. non-employment or dismissal of Gabonese nationals of foreign origin or born abroad, who are treated as non-nationals.

7. Promoting equality of opportunity and treatment without discrimination on grounds other than gender. The Committee notes that the Government undertakes to send information on the measures taken to promote equal opportunities and to combat discrimination on grounds other than sex. The Committee hopes that the Government will endeavour in its next report to provide full information on this matter.

8. Part V of the report form. In its previous comments, the Committee noted that the Government was having difficulty providing statistical information disaggregated by sex and by sector of activity. It further noted that the Observatory on the Rights of Women and Equality collects data on equality in various domains. The Committee notes that the Government does not as yet have the information collected by the Observatory on the Rights of Women and Equality. The Committee hopes that the Government will take the necessary measures to disaggregate statistics by sex and by sector of activity to the extent possible, particularly in the case of national censuses. The Committee reminds the Government that it may call upon the ILO for technical assistance in order to improve the collection and processing of statistics. It again expresses the hope that progress will be made in data collection and asks the Government to provide the information collected by the Observatory on the Rights of Women and Equality.

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

1. Article 1 of the Convention. Discrimination on the basis of sex. The Committee notes sections 253 and 254 of the Civil Code, which provide that the husband is the head of the family and determines the place of residence, where the wife is obliged to live, unless she obtains a different arrangement through court authorization. Furthermore, section 261 of the Code provides that a woman may exercise the profession of her choice, but that her husband may ask the court to prohibit her from doing so in the interest of the family. The same right is not given to the wife. The Committee is concerned about the discriminatory effect of these provisions and urges the Government to revise its legislation in order to provide for equal rights and responsibilities for men and women within the family and with respect to their choice of employment and occupation, and to report on the progress made in this regard.

2. The Committee notes from the Government’s report to the Committee on the Elimination of Discrimination Against Women (CEDAW) that "employers prefer to hire men for certain positions requiring consistent attendance and physical strength, because it protects them against women’s absences due to maternity leave" (CEDAW/C/GAB/2-5, 25 June 2003, page 15). The Committee requests the Government to indicate, in its next report, the concrete steps taken to eliminate discrimination because of maternity and family responsibility, including any awareness-raising programmes and other measures to combat factors constituting obstacles to women’s entry into the formal labour market.

3. Sexual harassment. The Committee notes from the Government’s report to CEDAW that sexual harassment is one of the subjects being considered by the National Assembly with a view to its inclusion in the Penal Code (CEDAW/C/GAB/2-5, page 17). Please provide information on the progress made in the adoption of any legislative initiatives to prohibit and combat sexual harassment in employment.

4.  Discrimination on the basis of national extraction. With reference to its previous comments on the issue of the "gabonization" of employment, the Committee notes the Government’s statement that there have never been any cases of discrimination on the basis of national extraction as this would contravene the provisions of section 8 of the Labour Code. The Committee recalls that legislation is essential but not sufficient in itself to apply the Convention. Moreover, the absence of cases of discrimination often means a lack of awareness or an insufficient complaints or inspection mechanism. It therefore reiterates to the Government to indicate the specific steps taken to ensure that this policy does not lead to discrimination on the grounds of national extraction (e.g. non-hiring or termination of employment of citizens of Gabon of foreign origin or birth who were believed to be non-citizens).

5. Article 2. Promoting equality of opportunity and treatment between men and women. Access to education and employment. The Committee notes the initiatives taken by the Government to build the capacity of non-governmental organizations promoting women’s rights and assist them in their action to increase the scholarization of girls and the training of young women. It also notes the recommendations made by the Ministry of Family Affairs, the Protection of Children and the Promotion of Women (MFAPCP) to increase women’s participation in decision-making posts, such as the following: quotas for women’s participation in decision-making bodies of the Government and private enterprises, the nomination of women as human resources directors in private enterprises, and the action by trade unions to encourage women to be engaged in trade union activities. The Committee requests the Government to provide information on the steps taken to implement these recommendations, including the results achieved. Please also provide information on any other activities of the Ministry referred to above with regard to the promotion of gender equality, and the results achieved as to their impact on the employment and education of women in both rural and urban areas.

6. Promotion of equality of opportunity and treatment with respect to grounds other than sex. In the absence of any new information on this point, the Committee asks the Government to provide information on any positive measures taken or contemplated to promote equality of opportunity and treatment in respect of employment and occupation and to eliminate discrimination on the grounds of race, colour, religion, political opinion, national extraction or social origin, and to report on the results obtained (see paragraphs 15, 157 and 170 of its 1988 General Survey).

7. Part V of the report form. Practical application and statistics. Referring to its previous comments, the Committee notes the explanations by the Government that the results of the census of 2003 are not yet disaggregated by sex and that it is therefore not possible to provide statistical information on women and girls in education and on the participation of women in all areas of economic activity. The Government also continues to have difficulties in collecting data on the extent of the participation of women in the courses provided by training institutions covered by sections 98-103 of the 1994 Labour Code, and requests ILO technical assistance in this regard. Notwithstanding this, the Committee notes from the Government’s report to CEDAW that the MFAPCP has set up the Observatory for Women’s Rights and Equality, which collects data on equality in various areas (CEDAW/C/GAB/2-5, page 6). Awaiting progress in the abovementioned collection of sex-disaggregated data, the Committee requests the Government to supply any data collected by the Observatory on equality between men and women in the areas of training and employment that permit an evaluation of the progress made in the practical application of the Convention.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s report, including the information provided in reply to its previous comments.

1. The Committee notes the information provided by the Government with regard to sexual harassment. It notes particularly that sexual harassment is prohibited under section 8 of the Labour Code, which generally prohibits sex discrimination. Complaints can be made to the labour inspector or the courts. The Committee also notes with interest that unions, women’s associations and other NGOs are undertaking awareness activities on the issue.

2. The Committee notes with interest that the Government has taken certain measures to promote the employment of women in jobs and occupations traditionally not held by women, such as technical and industrial jobs, as well as managerial posts and positions of responsibility. The Committee notes in particular that beginning in 2000 the Ministry of Family Affairs, the Protection of Children and the Promotion of Women is implementing gender awareness-raising measures. The Committee also notes the information that young women were encouraged to enrol for technical studies in several universities and schools. The Committee requests the Government to continue to provide information on its efforts to promote women’s participation in education and employment. Noting that a census will be held in 2003, the Government is asked to provide statistical information on women and girls in education and on the participation of women in all areas of economic activity in the private and public sectors, as well as in management jobs or other positions of responsibility. Please also provide further information on the activities of the Ministry referred to above with regard to the promotion of gender equality.

3. The Committee recalls that since 1995 it has been requesting the Government to provide information on the extent of the participation of women in the various courses provided by training, further training and retraining institutions covered by sections 98-103 of the 1994 Labour Code. The Committee notes once more that the Government has no information in this regard at its disposal. The Committee requests the Government to indicate the specific difficulties in obtaining such information and hopes that it will take the necessary measures in this regard, including through a request for technical assistance to the ILO.

4. With reference to its previous comments on this issue of the "gabonization" of employment, the Committee requests the Government to indicate whether it has knowledge of any cases where this policy has led to discrimination on the grounds of national extraction which is prohibited under the Convention (e.g., non-hiring or termination of employment of citizens of Gabon of foreign origin or birth which were believed to be non-citizens).

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

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. The Committee notes the assurances given by the Government that measures undertaken to obtain the statistical data requested on the participation of women in various courses provided by training, further training and retraining institutions covered by sections 98 to 103 of the new Labour Code have not yet taken effect, but will be forwarded to the Committee as soon as they become available.

2. The Committee notes with interest the statistical data on employed persons, disaggregated by sex and national extraction, compiled from the general census of population and habitat carried out in July 1993, from which it emerges that: (a) fewer than 10 per cent of women are employed in top- or medium-level positions in the public or private sector; (b) more than 60 per cent of working women in 1993 were employed in the agricultural sector and, in particular, in subsistence farming; (c) the remaining 30 per cent are mainly employed as office workers, cashiers and unskilled workers (in practice, in services and as street traders). In light of these statistics, the Committee reiterates its request for a copy of the national report submitted to the Fourth World Conference on Women held in Beijing in September 1995, and requests the Government to indicate the measures taken or envisaged to increase the participation of women in public and private sector employment, and not only in posts and occupations traditionally held by women, which are generally of a low level of skill and responsibility, but also in technical and industrial jobs, managerial posts and positions of responsibility.

3. The Committee notes the information provided by the Government in respect of "Gabonization" of positions. In this respect, the Committee is bound to emphasize that, while the Convention does not prohibit discrimination in occupation and employment on grounds of nationality, it does prohibit discrimination made on the basis of national extraction. The provisions of Convention No. 111 clearly prohibit distinctions made between citizens of the same country in respect of birthplace or national extraction. The Committee, therefore, requests the Government to indicate the measures taken or envisaged to ensure that the policy of "Gabonization" of employment which has been implemented does not indirectly result, in practice, in discrimination in employment and occupation, based on national extraction.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

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. The Committee notes the assurances given by the Government that measures undertaken to obtain the statistical data requested on the participation of women in various courses provided by training, further training and retraining institutions covered by sections 98 to 103 of the new Labour Code have not yet taken effect, but will be forwarded to the Committee as soon as they become available.

        2. The Committee notes with interest the statistical data on employed persons, disaggregated by sex and national extraction, compiled from the general census of population and habitat carried out in July 1993, from which it emerges that: (a) fewer than 10 per cent of women are employed in top- or medium-level positions in the public or private sector; (b) more than 60 per cent of working women in 1993 were employed in the agricultural sector and, in particular, in subsistence farming; (c) the remaining 30 per cent are mainly employed as office workers, cashiers and unskilled workers (in practice, in services and as street traders). In light of these statistics, the Committee reiterates its request for a copy of the national report submitted to the Fourth World Conference on Women held in Beijing in September 1995, and requests the Government to indicate the measures taken or envisaged to increase the participation of women in public and private sector employment, and not only in posts and occupations traditionally held by women, which are generally of a low level of skill and responsibility, but also in technical and industrial jobs, managerial posts and positions of responsibility.

        3. The Committee notes the information provided by the Government in respect of "Gabonization" of positions. In this respect, the Committee is bound to emphasize that, while the Convention does not prohibit discrimination in occupation and employment on grounds of nationality, it does prohibit discrimination made on the basis of national extraction. The provisions of Convention No. 111 clearly prohibit distinctions made between citizens of the same country in respect of birthplace or national extraction. The Committee, therefore, requests the Government to indicate the measures taken or envisaged to ensure that the policy of "Gabonization" of employment which has been implemented does not indirectly result, in practice, in discrimination in employment and occupation, based on national extraction.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

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.  The Committee notes the assurances given by the Government that measures undertaken to obtain the statistical data requested on the participation of women in various courses provided by training, further training and retraining institutions covered by sections 98 to 103 of the new Labour Code have not yet taken effect, but will be forwarded to the Committee as soon as they become available.

2.  The Committee notes with interest the statistical data on employed persons, disaggregated by sex and national extraction, compiled from the general census of population and habitat carried out in July 1993, from which it emerges that: (a) fewer than 10 per cent of women are employed in top- or medium-level positions in the public or private sector; (b) more than 60 per cent of working women in 1993 were employed in the agricultural sector and, in particular, in subsistence farming; (c) the remaining 30 per cent are mainly employed as office workers, cashiers and unskilled workers (in practice, in services and as street traders). In light of these statistics, the Committee reiterates its request for a copy of the national report submitted to the Fourth World Conference on Women held in Beijing in September 1995, and requests the Government to indicate the measures taken or envisaged to increase the participation of women in public and private sector employment, and not only in posts and occupations traditionally held by women, which are generally of a low level of skill and responsibility, but also in technical and industrial jobs, managerial posts and positions of responsibility.

3.  The Committee notes the information provided by the Government in respect of "Gabonization" of positions. In this respect, the Committee is bound to emphasize that, while the Convention does not prohibit discrimination in occupation and employment on grounds of nationality, it does prohibit discrimination made on the basis of national extraction. The provisions of Convention No. 111 clearly prohibit distinctions made between citizens of the same country in respect of birthplace or national extraction. The Committee, therefore, requests the Government to indicate the measures taken or envisaged to ensure that the policy of "Gabonization" of employment which has been implemented does not indirectly result, in practice, in discrimination in employment and occupation, based on national extraction.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

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. The Committee notes the assurances given by the Government that measures undertaken to obtain the statistical data requested on the participation of women in various courses provided by training, further training and retraining institutions covered by sections 98 to 103 of the new Labour Code have not yet taken effect, but will be forwarded to the Committee as soon as they become available.

2. The Committee notes with interest the statistical data on employed persons, disaggregated by sex and national extraction, compiled from the general census of population and habitat carried out in July 1993, from which it emerges that: (a) fewer than 10 per cent of women are employed in top- or medium-level positions in the public or private sector; (b) more than 60 per cent of working women in 1993 were employed in the agricultural sector and, in particular, in subsistence farming; (c) the remaining 30 per cent are mainly employed as office workers, cashiers and unskilled workers (in practice, in services and as street traders). In light of these statistics, the Committee reiterates its request for a copy of the national report submitted to the Fourth World Conference on Women held in Beijing in September 1995, and requests the Government to indicate the measures taken or envisaged to increase the participation of women in public and private sector employment, and not only in posts and occupations traditionally held by women, which are generally of a low level of skill and responsibility, but also in technical and industrial jobs, managerial posts and positions of responsibility.

3. The Committee notes the information provided by the Government in respect of "Gabonization" of positions. In this respect, the Committee is bound to emphasize that, while the Convention does not prohibit discrimination in occupation and employment on grounds of nationality, it does prohibit discrimination made on the basis of national extraction. The provisions of Convention No. 111 clearly prohibit distinctions made between citizens of the same country in respect of birthplace or national extraction. The Committee, therefore, requests the Government to indicate the measures taken or envisaged to ensure that the policy of "Gabonization" of employment which has been implemented does not indirectly result, in practice, in discrimination in employment and occupation, based on national extraction.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

1. The Committee notes the assurances given by the Government that measures undertaken to obtain the statistical data requested on the participation of women in various courses provided by training, further training and retraining institutions covered by sections 98 to 103 of the new Labour Code have not yet taken effect, but will be forwarded to the Committee as soon as they become available.

2. The Committee notes with interest the statistical data on employed persons, disaggregated by sex and national extraction, compiled from the general census of population and habitat carried out in July 1993, from which it emerges that: (a) fewer than 10 per cent of women are employed in top- or medium-level positions in the public or private sector; (b) more than 60 per cent of working women in 1993 were employed in the agricultural sector and, in particular, in subsistence farming; (c) the remaining 30 per cent are mainly employed as office workers, cashiers and unskilled workers (in practice, in services and as street traders). In light of these statistics, the Committee reiterates its request for a copy of the national report submitted to the Fourth World Conference on Women held in Beijing in September 1995, and requests the Government to indicate the measures taken or envisaged to increase the participation of women in public and private sector employment, and not only in posts and occupations traditionally held by women, which are generally of a low level of skill and responsibility, but also in technical and industrial jobs, managerial posts and positions of responsibility.

3. The Committee notes the information provided by the Government in respect of "Gabonization" of positions. In this respect, the Committee is bound to emphasize that, while the Convention does not prohibit discrimination in occupation and employment on grounds of nationality, it does prohibit discrimination made on the basis of national extraction. The provisions of Convention No. 111 clearly prohibit distinctions made between citizens of the same country in respect of birthplace or national extraction. The Committee, therefore, requests the Government to indicate the measures taken or envisaged to ensure that the policy of "Gabonization" of employment which has been implemented does not indirectly result, in practice, in discrimination in employment and occupation, based on national extraction.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

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. It notes with interest the adoption, with the technical assistance of the ILO, of Act No. 3/94 of 21 November 1994 to issue the new Labour Code, section 8 of which prohibits any discrimination in employment and conditions of work on the basis of all the criteria set out in Article 1, paragraph 1(a), of the Convention. It also notes that, in accordance with section 103 of the Code, workers of both sexes have the same right of access to all vocational training, further training and retraining institutions. The Committee requests the Government to provide information with its next report in order to enable it to ascertain that the provisions of the new Code are given effect in practice, and particularly to supply statistical data on the participation of women in the various courses provided by the vocational training, further training and retraining institutions covered by sections 98 to 103.

2. The Committee notes that the Government considers, contrary to the opinion of the Trade Union Confederation of Gabon (COSYGA) noted in its previous direct request, that with better collaboration among the social partners and between them and the Government, it would be easy to compile a national file of enterprises and to provide employment statistics at regular intervals. In this respect, it counts on the effectiveness of the Employment Office to produce reliable statistics in the near future. The Committee once again hopes that the next report will contain statistical data on the distribution of workers in the public and private sectors, disaggregated by sex. It would be grateful to receive detailed information on the specific measures taken, and the results achieved, to increase the participation of women in public and private employment, and not only in posts and occupations traditionally held by women, which are generally of a low level of skills and responsibility, but also to technical and industrial jobs, managerial posts and positions of responsibility, where women are still a very small minority. It would also be grateful to receive a copy of the national report on the situation of women in Gabon submitted to the Fourth World Conference on Women, held in Beijing in September 1995.

3. It also requests the Government to attach to its next report statistics on employed persons, if possible disaggregated by sex and national extraction, compiled from the general census of population and habitat carried out in July 1993, which the Government stated were attached to the report, but which have not been received by the Office.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the information provided in the Government's reports.

1. It notes with interest the adoption, with the technical assistance of the ILO, of Act No. 3/94 of 21 November 1994 to issue the new Labour Code, section 8 of which prohibits any discrimination in employment and conditions of work on the basis of all the criteria set out in Article 1, paragraph 1(a), of the Convention. It also notes that, in accordance with section 103 of the Code, workers of both sexes have the same right of access to all vocational training, further training and retraining institutions. The Committee requests the Government to provide information with its next report in order to enable it to ascertain that the provisions of the new Code are given effect in practice, and particularly to supply statistical data on the participation of women in the various courses provided by the vocational training, further training and retraining institutions covered by sections 98 to 103.

2. The Committee notes that the Government considers, contrary to the opinion of the Trade Union Confederation of Gabon (COSYGA) noted in its previous direct request, that with better collaboration among the social partners and between them and the Government, it would be easy to compile a national file of enterprises and to provide employment statistics at regular intervals. In this respect, it counts on the effectiveness of the Employment Office to produce reliable statistics in the near future. The Committee once again hopes that the next report will contain statistical data on the distribution of workers in the public and private sectors, disaggregated by sex. It would be grateful to receive detailed information on the specific measures taken, and the results achieved, to increase the participation of women in public and private employment, and not only in posts and occupations traditionally held by women, which are generally of a low level of skills and responsibility, but also to technical and industrial jobs, managerial posts and positions of responsibility, where women are still a very small minority. It would also be grateful to receive a copy of the national report on the situation of women in Gabon submitted to the Fourth World Conference on Women, held in Beijing in September 1995.

3. It also requests the Government to attach to its next report statistics on employed persons, if possible disaggregated by sex and national extraction, compiled from the general census of population and habitat carried out in July 1993, which the Government stated were attached to the report, but which have not been received by the Office.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

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. The Committee notes the Government's indication that statistical data on persons employed in the private sector are not yet available but that it hopes to send them under separate cover. In this connection, it also notes the statement made by the Gabon Trade Union Confederation (COSYGA) to the effect that there is no question of reliable statistics on employment, disaggregated by sex, national extraction, age, etc. becoming available for the time being and that an attempt by COSYGA to obtain such information (by sending out questionnaires to various enterprises) failed in 1990. The Committee draws the Government's attention to paragraph 247 of its 1988 General Survey on Equality in Employment and Occupation, in which it indicates that improvement in the means available for compiling information on direct and indirect forms of discrimination based for example on sex, national extraction and all the other grounds listed in the Convention is indispensable if progress is to be made in the elimination of discrimination and the promotion of equality. The Committee therefore hopes that in its next report the Government will provide the information requested, and particularly statistical data on the distribution of workers in the private sector disaggregated by sex, and if possible, national extraction, age, etc.

2. The Committee asks the Government to provide information on any positive measures taken or contemplated to promote equality of opportunity and treatment in respect of employment and occupation and to eliminate all discrimination, particularly on grounds of sex, religion, political opinion, national extraction or social origin, and to report on the results obtained. In this connection, the Committee refers to paragraphs 15, 157 and 170 of its 1988 General Survey, in which it stresses the positive nature of the measures required to implement the national policy provided for in Articles 2 and 3 of the Convention and the need to provide particulars of action undertaken and the results obtained.

3. The Committee again asks the Government to provide information (statistics, studies and reports, if any) on any further improvement in women's access to jobs in the public sector, not only to posts and occupations traditionally held by women, but also to those which are not, and to posts of responsibility.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

With reference to its previous direct requests, the Committee notes the Government's very brief report.

1. The Committee notes the Government's indication that statistical data on persons employed in the private sector are not yet available but that it hopes to send them under separate cover. In this connection, it also notes the statement made by the Gabon Trade Union Confederation (COSYGA) to the effect that there is no question of reliable statistics on employment, disaggregated by sex, national extraction, age, etc. becoming available for the time being and that an attempt by COSYGA to obtain such information (by sending out questionnaires to various enterprises) failed in 1990. The Committee draws the Government's attention to paragraph 247 of its 1988 General Survey on Equality in Employment and Occupation, in which it indicates that improvement in the means available for compiling information on direct and indirect forms of discrimination based for example on sex, national extraction and all the other grounds listed in the Convention is indispensable if progress is to be made in the elimination of discrimination and the promotion of equality. The Committee therefore hopes that in its next report the Government will provide the information requested, and particularly statistical data on the distribution of workers in the private sector disaggregated by sex, and if possible, national extraction, age, etc.

2. The Committee asks the Government to provide information on any positive measures taken or contemplated to promote equality of opportunity and treatment in respect of employment and occupation and to eliminate all discrimination, particularly on grounds of sex, religion, political opinion, national extraction or social origin, and to report on the results obtained. In this connection, the Committee refers to paragraphs 15, 157 and 170 of its 1988 General Survey, in which it stresses the positive nature of the measures required to implement the national policy provided for in Articles 2 and 3 of the Convention and the need to provide particulars of action undertaken and the results obtained.

3. The Committee again asks the Government to provide information (statistics, studies and reports, if any) on any further improvement in women's access to jobs in the public sector, not only to posts and occupations traditionally held by women, but also to those which are not, and to posts of responsibility.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

1. The Committee notes the information supplied by the Government in reply to its previous comments. The Committee notes the provisions of section 7 of Act No. 2/81 of 8 June 1981 to issue the general conditions of service of public servants, by virtue of which no distinction is made between the two sexes for the application of the above conditions of service. The Committee requests the Government to supply information on any development or progress concerning the participation of women in the various types of activity, and particularly in the public service.

2. With regard to the private sector, the Committee once again requests the Government to supply statistics of persons employed in this sector (denoted by sex, national extraction, age, etc.). The Committee hopes that these data (which could be compiled in accordance with the suggestions made by the Gabonese Employers' Confederation in the comments it addressed to the Ministry of Labour in August 1988 and which were transmitted to the ILO by the Government) will be communicated with the next report, and that the report will also indicate any positive measures taken to implement the national policy to ensure equality of opportunity and treatment in employment, and to eliminate all discrimination on grounds of race, sex, religion, political opinion, national extraction or social origin, in accordance with the principle laid down by the Convention.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

1. The Committee notes the information provided by the Government in response to its previous comments and notes with interest, from the statistics forwarded with the report, the increase in the proportion of women employed in the public sector, particularly in teaching - especially primary and secondary-school teaching - and in the health services.

2. The Committee also notes the information contained in the report of the State Secretariat for the Promotion of Women, which indicates that a number of women already hold middle-management posts in a variety of activities but that very few of them accede to higher-management posts. The Committee hopes that the Government will continue to make efforts to encourage the access of women to education and training both for trades and occupations in which women are traditionally employed and for other jobs, in order to facilitate the integration of women into the workforce. The Committee asks the Government to provide information on any further progress made to this end. It would also like to receive copies of special rules applying to certain categories of public servants, which reserve access to certain jobs to candidates of one or other sex, in accordance with section 7 of the Act to establish the general conditions of service of public servants.

3. With regard to the private sector, the Committee notes the Government's statement that the statistics of persons employed in this sector (denoted by sex, national extraction, age, etc.) are not yet available. The Committee hopes that these data (which might be compiled in accordance with the suggestions made by the Gabonese Employers' Confederation in its comments, addressed to the Ministry of Labour in August 1988 and transmitted to the ILO by the Government) will be communicated with the next report, and that the report will also indicate any positive measures taken to implement the national policy to ensure equal opportunity and treatment in employment, and to eliminate all discrimination on grounds, of race, sex, religion, political opinion, national extraction or social origin, in accordance with the principle laid down by the Convention.

4. The Committee also takes note of the judicial decisions transmitted by the Government, and the comments of the Gabonese Employers' Confederation concerning the policy of "Gabonisation". The Committee hopes that when implementing this policy, the Government will take account of Article 4 of the Termination of Employment Convention, 1982 (No. 158) (also ratified by Gabon), under which the employment of a worker shall not be terminated unless there is a valid reason for such termination connected with the capacity or conduct of the worker or based on the operational requirements of the undertaking, establishment or service.