Texts of pending comments

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

Repetition

In its previous comments, further to the observations of the International Trade Union Confederation (ITUC) relating to restrictions on the right to strike in the public sector on the repeatedly invoked grounds of ensuring public safety, the Committee asked the Government to provide information on the number of strikes called in the public sector as a whole, the individual sectors concerned and the number of strikes prohibited on the grounds of a possible disruption of public order. The Committee notes the Government’s indication that trade unions within a number of government departments, including customs, taxation, higher education, national education, health and social affairs, have availed themselves of their right to strike. Moreover, the Government indicates that the National Congress of Education Sector Unions (CONASYSED) held its latest strike at the Martine Oulabou Public School without being removed from the premises and without the right to strike being prohibited. While taking note of the information provided by the Government on examples of strikes called in the public sector, the Committee requests once again that the Government provide detailed information on the number of strikes that have been called in the public sector, and the number of strikes prohibited on the grounds of a possible disruption of public order.

Moreover, further to the observations previously received from Education International (EI), denouncing the adoption of various regulations which are making the exercise of union activities in the education sector increasingly difficult, the Committee asked the Government to indicate the measures taken in the education sector to ensure that trade unions have access to educational establishments so that they can perform their representative functions and defend their members’ interests. The Committee notes with regret that there has been no reply from the Government on this matter. The Committee reiterates its request and expects that the Government will take all necessary steps to provide the requested information.

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.

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 3 of the Convention. Negotiated minimum service. In its previous comments, the Committee asked the Government to report any new developments concerning the adoption of the draft revised version of the Labour Code and, if applicable, to specify in particular the provisions adopted relating to the procedures for determining the list of sectors in which it is compulsory to provide a minimum service, the arrangements for the negotiation of this minimum service and any independent body envisaged to settle disagreements in the event of collective disputes. The Committee also asked the Government to hold negotiations with the social partners with a view to determining the characteristics of a minimum service in the event of a strike in the education, training and research sector. As there has been no reply from the Government, the Committee reiterates its request and trusts that the Government will take all necessary steps without delay to provide the requested information. The Committee once again encourages the Government to continue consultations with the social partners with a view to reaching an agreement on the minimum services to be provided in the event of a strike in the education sector.

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 4 of the Convention. Promotion of collective bargaining. In its previous comments, the Committee requested the Government to report any progress made in the renegotiation of sectoral collective agreements in 11 sectors of activity. The Committee notes the Government’s indication that it is making every effort to find solutions that will make it possible to determine the most representative organizations with a view to the renegotiation of the collective agreements that are currently in force but some of which are obsolete. The Committee recalls in this regard the importance of ensuring, so as to avoid any opportunity for partiality or abuse in case controversy should arise, objective, pre-established and precise criteria to determine the representative status of organizations for the purposes of collective bargaining (see General Survey on the fundamental Conventions, 2012, paragraph 228). While reminding the Government that it may avail itself of technical assistance from the Office should it wish to do so, the Committee expects that the Government will continue its efforts to ensure, on the basis of the abovementioned principles, the renegotiation of sectoral collective agreements through representative organizations. The Committee requests the Government to indicate any new developments in this regard. The Committee also requests the Government to provide comprehensive information on the number of agreements concluded in the country, the sectors concerned and the number of workers covered.

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

Effective tripartite consultations. Article 5(1) of the Convention. In its previous comments, the Committee requested the Government to provide its comments in respect of the observations made by the Trade Union Congress of Gabon (CSG), received in 2015, concerning the organization of occupational elections. The Committee further requested the Government to provide information concerning tripartite consultations carried out on all matters related to international labour standards as required under Article 5(1)(a)–(e) of the Convention, and to indicate the nature of any reports or recommendations issued. In its response, the Government indicates that it did not receive the observations of the CSG and is therefore not in a position to respond. Nevertheless, the Government states that the organization of occupational elections is regulated by the Labour Code (Law No. 3/94 of 21 November 1994). The Government adds that the new draft Labour Code elaborated by a tripartite committee under the auspices of the Ministry of Labour was presented to the Ministry on 6 July 2018, but that due to the failure of the workers to reach agreement on the participation of their representatives, consultations on the revised draft Labour Code were postponed. The Government reports that the Human Resources Development Convention, 1975 (No. 142), the Occupational Safety and Health Convention, 1981 (No. 155), the Home Work Convention, 1996 (No. 177), the Recruitment and Placement of Seafarers Convention, 1996 (No. 179), the Private Employment Agencies Convention, 1997 (No. 181), the Safety and Health in Agriculture Convention, 2001 (No. 184), and the Seafarers’ Identity Documents Convention (Revised), 2003 (No. 185), are still under consideration with the competent authorities. The Committee reiterates its request that the Government communicate updated information on the tripartite consultations held on all matters related to international labour standards covered by the Convention, including questions arising out of reports on the application of ratified Conventions (Article 5(1)(d)) and the re-examination of unratified Conventions (Article 5(1)(c)). The Committee also requests the Government to provide information concerning the frequency of such consultations, as well as with regard to the nature and outcome of the consultations held.

The Committee notes the observations from the Trade Union Congress of Gabon received on 24 July 2015. The Committee requests the Government to provide its comments thereon.

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.

Article 4 of the Convention. Protection of the right to organize. In its previous comments, the Committee noted that there were no specific provisions in the legislation which ensured protection for public employees against discrimination in their performance of trade union activities. The Committee notes the Government’s reply, in which it undertakes to provide information on the measures it may adopt to ensure protection for public employees against acts of anti-union discrimination. The Committee trusts that the Government will, in the near future, take the necessary measures, in consultation with the representative organizations concerned, to ensure that the legislation specifically sets out provisions that ensure adequate protection against discrimination due to the exercise of trade union activities, as well as rapid and impartial procedures and sufficiently dissuasive sanctions.

Article 5. Protection against acts of interference. The Committee also noted that Act No. 18/92 establishing conditions for the establishment and operation of trade unions for public employees contains no specific provisions prohibiting acts of interference by the public authorities in the internal affairs of trade unions, except for section 8 indicating that public employees enjoy the rights that are essential to the normal exercise of the right to organize. The Committee notes that, in its reply, the Government confirms the absence of provisions in this respect and undertakes to provide information on the measures it may adopt to ensure adequate protection against acts of interference by the authorities in trade union activities. The Committee trusts that the Government will take the necessary measures, in the near future, in consultation with the representative organizations concerned to ensure that the legislation specifically includes supplementary provisions that ensure adequate protection for trade union organizations against acts of interference by the public authorities in their training, operation and administration, including rapid and impartial procedures and sufficiently dissuasive sanctions.

Article 7. Procedure for determining terms and conditions of employment. The Committee notes the information provided by the Government in reply to its previous comments on the negotiations held by the public service advisory bodies, which have led to agreements. The Committee requests the Government to continue providing information illustrating the development of the collective bargaining with public employees’ organizations, as required by the Convention.

Finally, noting that the Government reiterates its intention of adopting a text to establish the composition and operation of the National Council for Social Dialogue, in accordance with the objectives set out in the National Social Dialogue Charter of 2012, the Committee requests the Government to provide information on any developments in this respect.

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

Repetition

The Committee notes with deep regret that the Government has failed to submit its first report on the application of the Convention for the fourth consecutive year. As the requested report has not been received, the Committee examined the application of the Convention on the basis of publicly available information.

Article I. General questions on application. Implementing measures. The Committee notes that the provisions of the Convention are mainly implemented through Regulation No. 08/12-UEAC-088-CM-23 of the Central African Economic and Monetary Community (CEMAC) issuing the Community Merchant Shipping Code of 22 July 2012 (hereinafter, CCMM), which is directly applicable to Gabon and is one of the documents that must be carried on board ships flying the Gabonese flag and foreign ships operating in Gabonese territorial waters. The Committee also notes that section 1 of the Labour Code does not exclude seafarers from its scope of application. The Committee notes the lack of available information on the implementation of several provisions of the Convention. It recalls that, in conformity with Article I of the Convention, each Member which ratifies it undertakes to give complete effect to its provisions in order to secure the right of all seafarers to decent employment. The Committee therefore requests the Government to adopt without delay the necessary measures to implement the Convention, taking into account the matters raised in the request addressed directly to the Government. It further requests the Government to provide a copy of any legislative texts or other regulatory instruments once adopted, as well as full information on the implementation of the Convention, including updated statistics on the number of seafarers who are nationals or residents of Gabon or who work on ships that fly the Gabonese flag. The Committee reminds the Government that it may avail itself of the technical assistance of the Office in this regard.

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.

Impact of the COVID-19 pandemic. The Committee takes note of the observations of the International Transport Workers’ Federation (ITF) and the International Chamber of Shipping (ICS), received by the Office on 1 and 26 October 2020 and 4 October 2021, alleging that ratifying States have failed to comply with certain provisions of the Convention during the COVID-19 pandemic. Noting with deep concern the impact of the COVID-19 pandemic on the protection of seafarers’ rights as laid out in the Convention, the Committee refers to its general observation of 2020 and its comments on the General Report of 2021 on this issue.

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.

The Committee notes that Gabon was not bound by any of the maritime labour conventions until its ratification of the Maritime Labour Convention, 2006, as amended (MLC, 2006). It notes that the Government has not submitted a declaration of acceptance of the amendments to the Code of the Convention, approved in 2014 by the International Labour Conference, and is not therefore bound by these amendments. The Committee notes that the amendments to the Code of the MLC, 2006, approved by the International Labour Conference in 2016, entered into force for Gabon on 8 January 2019. The amendments of 2018 are deemed to be accepted and will enter into force for Gabon on 26 December 2020. Further to its initial examination of the available information and documents, the Committee draws the Government’s attention to the matters raised below and reserves the possibility to address other matters at a later stage, if necessary.

Article II, paragraphs 1(f) and (i), 2 and 4 of the Convention. Definitions and scope of application. Seafarers. Ships. The Committee notes that section 2(41) of Regulation 08-12-UEAC-088-CM-23 of the Central African Economic and Monetary Community (CEMAC) adopting the Community Merchant Shipping Code of 22 July 2012 (CCMM), defines “seafarers” and “mariners” (“marins”) as any maritime shipping professional and any other person whose occupational activity is performed at sea. It also notes that section 2(47) of the CCMM defines a “ship” as any vessel used to transport goods at sea. A “passenger ship” is any ship that transports more than 12 passengers. The Committee recalls that the Convention applies to all the seafarers and all the ships specified in Article II, paragraphs 1(f) and (i) of the Convention, other than those that are excluded under paragraphs 2 and 4. The Committee requests the Government to indicate whether categories of persons or ships have been exempted from the application of the Convention.

Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work. The Committee notes the lack of legislative information available on the effect given to this provision of the Convention. In this regard, the Committee recalls that, in line with Standard A1.1, paragraph 4, the types of work likely to jeopardize the health or safety of seafarers shall be determined by national laws or regulations of by the competent authority, after consultation with the shipowners’ and seafarers’ organizations concerned. The Committee requests the Government to indicate the measures adopted to ensure that the employment of seafarers under the age of 18 is prohibited where the work is likely to jeopardize their health or safety, as required by Standard A1.1, paragraph 4. It also requests the Government to specify whether a list of such types of work exists and, if so, to indicate whether it was adopted after consultation with shipowners’ and seafarers’ organizations.

Regulation 1.2 and Standard A1.2, paragraphs 2, 4, 5 and 7. Medical certificate. Right of recourse. Duly qualified medical practitioner. Period of validity of the medical certificate. The Committee notes that section 404(3) of the CMM provides that “the competent authority, medical practitioners, examiners, shipowners, seafarers’ representatives and all other persons concerned with the conduct of medical examinations to certify as medically fit future and serving seafarers shall follow the ILO/WHO Guidelines for Conducting Pre-sea and Periodic Medical Fitness Examinations for Seafarers, including any subsequent versions, and any other applicable international guidelines published by the International Labour Organization (ILO), International Maritime Organization (IMO) or World Health Organization (WHO)”. However, this provision of the CMM does not specify the requirements or directives that have been established concerning the nature of the medical examination, the right of recourse or the requirements applicable to persons authorized to issue medical certificates and certificates concerning sight only, nor the period of validity of the medical certificate. The Committee requests the Government to indicate how effect is given to Standard A1.2, paragraphs 2, 4, 5 and 7 of the Convention.

Regulation 1.4 and the Code. Recruitment and placement. The Committee notes the lack of available information on the application of Regulation 1.4 and the Code. The Committee requests the Government to indicate whether private services for the recruitment and placement of seafarers operate in Gabon and to indicate the legal framework applicable to these services.

Regulation 2.3 and Standard A2.3, paragraphs 2 and 5. Hours of work and hours of rest. Limits. The Committee notes that section 431 of the CMM of the CEMAC allows each member State to choose the system governing hours of work and hours of rest. The Committee recalls that Standard A2.3, paragraph 2 requires each Member to fix either a maximum number of hours of work, which shall not be exceeded in a given period of time, or a minimum number of hours of rest, which shall be provided in a given period of time, within the limits set out in Standard A2.3, paragraph 5. The Committee requests the Government to specify the system selected regarding hours of work and hours of rest and to indicate all the applicable measures that give effect to Standard A2.3, paragraphs 2 and 5.

Regulation 2.3 and Standard A2.3, paragraph 6. Hours of work and hours of rest. Division of hours of rest. The Committee notes the lack of information concerning the measures taken to prohibit the division of hours of rest into more than two periods, one of which shall be at least six hours in length, and to ensure that the interval between two consecutive periods of rest does not exceed 14 hours, as required by Standard A2.3, paragraph 6 of the Convention. The Committee requests the Government to provide information on the measures taken to give effect to these requirements of the Convention.

Regulation 2.3 and Standard A2.3, paragraph 14. Hours of work and hours of rest. Immediate safety and distress at sea. The Committee observes that there is no legislative information concerning the requirements relating to the mitigation of the disturbance caused by the various types of exercise and the provision of compensatory rest for seafarers once a normal situation has been restored, in conformity with Standard A2.3, paragraph 14. The Committee recalls that, in conformity with Standard A2.3, paragraph 14, as soon as practicable after the normal situation has been restored, the master shall ensure that any seafarers who have performed work in a scheduled rest period are provided with an adequate period of rest. The Committee therefore requests the Government to indicate the measures taken or envisaged to ensure the application of Standard A2.3, paragraph 14.

Regulation 2.3 and Standard A2.3, paragraph 3. Hours of work and hours of rest. Normal working hours standard. The Committee observes that there is no available legislative information concerning the normal hours of work that seafarers must perform and, accordingly, the measures that have been adopted for seafarers under the age of 18. The Committee requests the Government to indicate how it ensures that the normal hours of work of seafarers include one day of rest per week and rest on public holidays, as required by Standard A2.3, paragraph 3.

Regulation 2.3 and Standard A2.3, paragraph 12. Hours of work and hours of rest. Records. The Committee notes that there do not appear to be any national provisions concerning the requirements for records of daily hours of work or rest to be maintained, in a standardized format, and for seafarers to receive a copy of the records pertaining to them, endorsed by the master, or a person authorized by the master, and by the seafarers, in conformity with Standard A2.3, paragraph 12. The Committee requests the Government to indicate the measures taken to give full effect to this requirement of the Convention.

Regulation 2.5, paragraph 2. Repatriation. Financial security. The Committee observes that there do not seem to be any legislative provisions giving effect to these provisions of the Convention. The Committee recalls that, in conformity with Regulation A2.5, paragraph 2, each Member shall require ships that fly its flag to provide financial security to ensure that seafarers are duly repatriated in accordance with the Code. The Committee requests the Government to indicate the measures taken or envisaged to give effect to this requirement of the Convention.

Regulation 2.7 and Standard A2.7, paragraph 3. Manning levels. Food and catering. The Committee notes that there is no information available about the legislation giving effect to this provision of the Convention. The Committee recalls that, in conformity with Standard A2.7, paragraph 3, the competent authority shall take into account all the requirements within Regulation 3.2 and Standard A3.2 concerning food and catering. The Committee requests the Government to indicate the measures taken or envisaged to give effect to Regulation 2.7, paragraph 3.

Regulation 3.2 and the Code. Food and catering. Provision of food free of charge. The Committee notes that section 437(1) of the CMM provides that ships flying the flag of each member State shall comply with the following minimum standards: (a) an adequate supply of food and drinking water, of nutritional value and of satisfactory quality and variety, taking into account the number of seafarers on board, their religious requirements and cultural practices as they pertain to food, and the duration and nature of the voyage; and (b) the organization and equipment of the catering department shall be such as to permit the provision to the seafarers of adequate, varied and nutritious meals prepared and served in satisfactorily hygienic conditions. The Committee observes, however, that this provision does not specify whether shipowners are required to provide food free of charge to seafarers on board, in conformity with the requirements of Regulation 3.2, paragraph 1 and Standard A3.2, paragraph 2(a). The Committee requests the Government to indicate how effect is given to this requirement of the Convention.

Regulation 4.5 and the Code. Social security. The Committee notes that, at the time of ratification, and in conformity with Standard A4.5, paragraphs 2 and 10, the Government specified the following branches of social security: old-age benefit, employment injury benefit, family benefit, invalidity benefit and survivors’ benefit. The Committee recalls that Standard A4.5, paragraph 3 provides that each Member shall take steps according to its national circumstances to provide the complementary social security protection referred to in paragraph 1 of this Standard to all seafarers ordinarily resident in its territory. The Committee notes the lack of available information on the possible coverage by a social security scheme of seafarers ordinarily resident in the territory of Gabon, irrespective of their nationality or the flag of the ship on which they work. The Committee requests the Government to provide detailed explanations on all of the measures that give effect to Standard A4.5 and that guarantee seafarers ordinarily resident in Gabon the protection of the branches declared applicable.

Regulation 5.1 and the Code. Flag State responsibilities. The Committee notes that no information is available on the measures taken to give effect to these provisions of the Convention. The Committee requests the Government to provide information on all the regulations governing the inspection and certification of ships that fly the Gabonese flag, in conformity with Regulations 5.1.1, 5.1.3, 5.1.4 and 5.1.5, in order to ensure that the working and living conditions of the seafarers on ships that fly the flag of Gabon meet and continue to meet the Standards of the Convention.

Regulation 5.1.2 and the Code. Flag State responsibilities. Authorization of recognized organizations. The Committee notes that section 212 of the CMM refers to Resolution No. A739(18) of the IMO and to Regulation 5.1.2 of the MLC, 2006, governing recognized organizations. The Committee requests the Government to indicate whether it has decided to authorize recognized organizations to carry out inspections or to issue certificates, or both. If so, the Committee requests the Government to provide information concerning the legislative or other texts governing this authorization and the list of recognized organizations that it has authorized to act on its behalf, indicating the functions they are authorized to perform.

Regulation 5.1.3 and Standard A5.1.3. Flag State responsibilities. Maritime labour certificate and declaration of maritime labour compliance. The Committee notes the lack of information on the measures giving effect to these provisions of the Convention. The Committee therefore requests the Government to specify the provisions giving effect to Regulation 5.1.3 and Standard A5.1.3. The Committee requests the Government to provide a copy of the maritime labour certificate and the declaration of maritime labour compliance, Part I and one or more copies of the declaration of maritime labour compliance, Part II drawn up by a shipowner and certified by your country upon the inspection of one or more ships.

Regulation 5.2 and the Code. Port State responsibilities. The Committee notes that Gabon adheres to the Memorandum of Understanding on Port State Control for the West and Central African Region (Abuja MoU). The statistical report of the Memorandum for 2019 states that two inspections were carried out by the maritime authorities of Gabon under this control mechanism. The Abuja MoU identifies the MLC, 2006, as one of the relevant instruments underpinning its Port State control mechanism. The Committee requests the Government to provide information on the number of complaints reported and resolved by the maritime authority (Regulation 5.2.2).

Regulation 5.2.1 and Standard A5.2.1, paragraph 8. Port State responsibilities. Inspections in port. Compensation in the event of a ship being unduly detained. The Committee requests the Government to indicate the provisions or legal principles pursuant to which compensation shall be paid for any loss or damage suffered if a ship is unduly detained or delayed, in conformity with Standard A5.2.1, paragraph 8.

Additional documents and information. The Committee requests the Government to provide the documents and information requested in the report form.

Articles 1 and 2 of the Convention. Enforcement. Awareness raising and training. In reply to the Committee’s request for information on awareness-raising and training activities for workers, employers and their respective organizations, labour inspectors and magistrates to enhance their capacity to detect wage inequalities and bring an end to them, the Government indicates that: (1) for budgetary reasons, it has not been possible for a few years to hold the annual meeting of labour inspectors responsible for organizing training workshops, but that the Decent Work Country Programme (DWCP) that is currently being prepared by the ILO and the Government envisages a training component for the first quarter of 2020; (2) labour inspectors are not adequately trained on the Convention and awareness-raising seminars are planned to train them in this area; and (3) in practice, no complaint concerning wage discrimination has been made to either labour inspectors or the courts, and the only cases of disputes have been related to complaints of pay below the minimum wage. Recalling that the absence of complaints does not mean that discrimination does not exist, the Committee requests the Government to provide information on any measures taken, within the framework of the training component of the DWCP or in any other context, to train and raise the awareness of workers and employers concerning their respective rights and obligations in relation to equal remuneration and to improve the training of labour inspectors and magistrates so that they can deal with cases of wage discrimination, either on the basis of complaints made by workers or the findings of labour inspectors during enterprise inspections. Noting that the only complaints relating to wages concern the non-payment of the minimum wage, the Committee requests the Government to indicate the gender of the workers who lodged the complaints and to continue providing information disaggregated by sex on any cases of wage discrimination examined and dealt with by the labour inspection services or the courts.

Statistics. The Committee recalls that, following the creation of the National Agency of Statistics and Demographic, Economic and Social Studies (ANSEDES) in 2015, it expressed the hope that it would receive data on the earnings of men and women by sector of activity, occupation and level of employment in the public and private sectors. It notes that the Government has confined itself to referring once again to the role and objectives of the ANSEDES, without providing the requested statistical data. The Committee wishes to recall the importance of the availability of statistics to allow the analysis of the jobs occupied by men and women and their respective remuneration as the occupational segregation of men and women is one of the deep-rooted causes of pay gaps between men and women workers. In this regard, it draws the Government’s attention to its general observation on the Convention published in 1999, in which it provides specific guidance on the type of statistics, disaggregated by gender, that should be provided as a basis for the evaluation of the level of occupational segregation. The Committee requests the Government to provide the statistical data compiled by the ANSEDES since 2015 on the labour market participation rate of men and women, by sector of activity and occupation, in the public and private sectors, and their respective remuneration or, if such data is not yet available, to provide any available information and to continue working on the compilation of full statistical information.

Article 1(b) of the Convention. Equal remuneration for men and women for work of equal value. Legislation. The Committee recalls that for very many years it has been emphasizing the need to amend section 140 of the Labour Code, the provisions of which are too restrictive in relation to those of the Convention and do not allow the comparison of work that is of a different nature and performed under different conditions (skills/qualifications, responsibilities, effort, conditions of work), but which could be of equal value overall. The Committee recalls that section 140 makes the application of equal remuneration conditional on the existence of “equal conditions of work, skills and output”, on the one hand, and work “of equal value and of the same nature”, on the other. The Committee notes the Government’s indication in its report that the Labour Code is currently being updated, which is a priority project for the Government. It indicates that section 140 will be modified and become section 171 of the draft Labour Code, which provides that: “For work of equal value, remuneration shall be equal for all workers, irrespective of their origin, opinion, sex and age. Equal remuneration for men and women for work of equal value and of the same nature refers to the remuneration rates set without discrimination on the basis of sex.” The Committee notes with regret that this wording still does not provide for equal remuneration for men and women for work of equal value as set out in the Convention, as it retains the concept of “the same nature”. It also emphasizes that the wording in the draft text of section 171 “of equal value of vocational skills and output” limits the application of equal remuneration to a comparison of the value of vocational skills and output. In this regard, the Committee recalls that in order to eliminate discrimination in relation to remuneration, which inevitably arises if the value of the work performed by men and women is not recognized free from any sexist bias, it is essential to compare the value of work in occupations in which the work may require different types of skills and also involve different levels of responsibility and conditions of work, but which are nevertheless of equal value overall. It emphasizes in this respect that the concept of equal “value” as set out in the Convention permits a broad scope of comparison, including “equal”, “the same” or “similar” work, and also encompasses work that is of an entirely different nature, but which is nevertheless of equal value. This is crucial for the full application of the Convention as, in practice, men and women are often not engaged in the same jobs. Furthermore, the Committee recalls that, as effective application of the principle of the Convention is needed, where women are more heavily concentrated in certain sectors or occupations, there is a risk that the possibilities for comparison at the enterprise or establishment level will be insufficient (see the 2012 General Survey on the fundamental Conventions, paragraphs 673, 675 and 698). The Committee therefore urges the Government to take the necessary measures to ensure that the future Labour Code gives full expression and full effect to the principle of equal remuneration for men and women for work of equal value, without limitations that are contrary to the Convention, and to provide information on any progress achieved in this regard.

Articles 2 and 3. Determination of rates of remuneration. Public service. Objective job evaluation. In its previous comment, the Committee requested the Government to explain in detail the methods and criteria used to determine pay levels following the introduction in 2015 of a new pay system in the public service, in order to ensure that jobs principally occupied by women have not been undervalued in relation to those mainly occupied by men. The Committee notes the information provided by the Government to the effect that the calculation of the pay of a State official takes into account the following elements: the basic pay, the reference indicative pay scale and the indicative scale of bonuses. These elements are uniform, calculated and paid pro rata based on the days worked, although the final remuneration may vary as it is based on collective results, the individual performance of the official and the payment of different bonuses and additional allowances. Noting that, according to the detailed explanations provided by the Government, one of the important components of final remuneration is based on the individual performance of officials, the Committee recalls that there is a significant difference between the concept of the evaluation of professional performance, which aims to evaluate the manner in which a particular worker carries out the job (output), and the concept of objective job evaluation, which evaluates the job (and not the worker) with a view to measuring the relative value of jobs that do not have the same content. The Committee also recalls that Article 3 of the Convention presupposes the use of appropriate methods for the objective evaluation of jobs. As women are very often engaged in different jobs to men, it is necessary to have a method of comparison through which it is possible to measure and compare the relative value of different jobs on the basis of objective and non-discriminatory factors (such as the required skills/qualifications, effort, responsibilities and working conditions) to prevent any sexist bias in their evaluation. Experience shows that skills that are often considered to be “female”, such as manual dexterity and those required in the caring professions, are frequently undervalued or even overlooked, in comparison with traditionally “male” skills, such as heavy lifting, which contributes to perpetuating the undervaluation of women’s jobs and to the widening of the pay gap between men and women (see the 2012 General Survey, paragraphs 695 to 701). The Committee requests the Government to indicate the measures adopted to ensure that the pay system for employees of the public service established in 2015 is free of gender bias. Noting the Government’s indication that the jobs predominantly held by women have not been undervalued in relation to those occupied by men, the Committee requests it to provide information on the methods used to evaluate and establish the classification of the various jobs in the public service and to provide the corresponding salary scales, disaggregated by sex.

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

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.

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.

Articles 1 and 3 of the Convention. Formulation and implementation of a national employment policy. Participation of the social partners. The Committee previously requested the Government to provide detailed information, including statistical information, on the impact of measures implemented under the employment action plan, as well as information on any measures taken or envisaged/planned to ensure effective consultations with representatives of employers’ and workers’ organizations. The Committee notes with interest the adoption of Gabon’s new National Employment Policy (PNE), which was drafted in consultation with the social partners and with ILO technical assistance. The Government indicates that the preparation of the framework document for the PNE took place in three phases: the tripartite drafting process (2016), national technical approval (May 2017) and adoption by the Council of Ministers (2018). The PNE also includes an action plan adopted on the basis of a joint agreement between all stakeholders to formulate guidelines and strategies for taking concrete action to address effectively concerns relating to unemployment, poverty, precarity and social exclusion. In this regard, the Committee notes that the PNE comprises the following strategic components: increasing the labour absorption capacity of the national economy, supporting private sector and entrepreneurial development, increasing the employability of the labour force, and improving and modernizing labour market governance. With regard to the dissemination of the PNE, the Government also indicates that appropriate measures will be taken to inform partners in rural areas and in the informal economy of the Government’s new vision for employment. In this regard, the Committee notes that the Employment Department and the social partners are making every effort to implement the PNE Operational Action Plan with ILO technical support. The Committee requests the Government to provide detailed and up-to-date information on the nature and impact of the measures adopted within the framework of the National Employment Policy (PNE) and on progress made in its implementation, as well as on all other active labour market measures adopted to create opportunities for decent, productive and lasting employment. In addition, the Committee requests the Government to provide information on the manner in which representative employers’ and workers’ organizations, including partners in rural areas and the informal economy, have been associated with the drafting, implementation and revision of the PNE. The Committee also requests the Government to provide information on the measures taken to strengthen the capacities required and allocate the necessary budgetary resources to ensure the successful implementation of the PNE.

Article 2. Collection and use of employment data. The Committee previously requested the Government to provide information on progress made with regard to the system of labour market data collection, and to provide the available data on the situation and trends of employment, unemployment and underemployment, including for women and young people. The Government refers to the adoption of Decree No. 0016/PR/MEEDD of 16 January 2013 creating the National Employment and Training Observatory (ONEF) with the aim of improving the quality of labour market statistics and the formulation of public policies. The Committee notes that the statistics provided by the Government on the situation and trends of employment, unemployment and underemployment, including for women and young people, date from the last national survey on employment and unemployment carried out in 2010. It also notes that between 2019 and 2022, the Government plans to carry out a National Survey on Employment and the Informal Sector in order to update employment data at the national level. The Committee requests the Government to send information on the progress made in the establishment of the National Employment and Training Observatory (ONEF). It also requests the Government to send detailed and updated information on the progress made in the implementation of the National Survey on Employment and the Informal Sector and to provide, where applicable, up-to-date statistical information disaggregated by age and sex on the situation, level and development of employment, unemployment and underemployment, both in urban and rural areas.

Coordination of employment policy with poverty reduction. In its previous comments, the Committee requested the Government to continue providing detailed information on the measures taken to ensure that employment, which is a crucial factor in poverty reduction, is central to its macroeconomic and social policies, and also on the results of the “One young person = one trade” campaign and training programme. The Government indicates that the framework document for the PNE, which has its legal basis in Strategic Objective No. 21 of the Emerging Gabon Strategic Plan (PSGE), aims to promote access to employment and combat social exclusion. In this regard, the Committee notes that the 2018 PNE recognizes small and medium-sized enterprises (SMEs) and small and medium-sized industries (SMIs) as poverty reduction drivers and provides for measures to improve their financing. In its report submitted under article 19 of the ILO Constitution, the Government refers to the Economic Recovery Plan (PRE) formulated and implemented within the framework of integrated development policies, which have as one of their principal objectives the reduction of poverty through employment creation. In this regard, specific policies were implemented in early 2018 to boost employment creation by 10,000 new jobs by the end of December 2018. The Committee notes that, according to the information provided by the Government in its report submitted under article 19 of the ILO Constitution, the initial results of these policies have been encouraging, with the identification of close to 12,000 jobs created in 2018. It also notes that other programmes, such as the Agricultural Development and Investment Project in Gabon (PRODIAG) and the promotion of self-employment, aim to reduce poverty. However, it notes that the Government has not provided any information on the results of the training programme “One young person = one trade”. The Committee requests the Government to send detailed information on the nature, impact and implementation of each of the national strategies that aim to reduce poverty, including the results of the training programme “One young person = one trade”, within the framework of the implementation of the new PNE.

Vulnerable groups. The Committee previously requested the Government to provide information on the impact of the measures taken to facilitate the integration of young people and women in the labour market. With regard to the employment of young people, the Government indicates that within the framework of assistance for vocational integration and reintegration (FIR), the National Employment Office (ONE) has mobilized its institutional and economic partners, principally SMEs and multinational enterprises, to promote the employability of young people through the implementation of two instruments, the first of which is the Youth Apprenticeship Contract (CAJ), which aims to increase the employability of young job applicants (aged 16 to 35) so that they can apply for offers of employment that require professional experience. The second of these instruments, established by Ordinance No. 000008/PR of 26 January 2018, is the Assisted Contract, which offers financial assistance or tax or social incentives to employers which implement a specific employment programme. With regard to the integration of women in the labour market, the Government indicates that women comprise 59.17 per cent of the unemployed. The Committee notes that, according to the latest statistics, the unemployment rate of women is almost twice that of men (the women’s unemployment rate is around 28.6 per cent compared to 14.4 per cent for men). It also notes that the PNE does not provide for special programmes that aim to promote women’s employment in the labour market. The Committee requests the Government to provide detailed information on the nature and impact of the “Youth Apprenticeship Contract” programme and the “Assisted Contract”, as well as on other active employment measures adopted or envisaged to promote the full, decent, productive and lasting employment of young people and women with the aim of reducing inequalities in the labour market. It also requests the Government to provide detailed information on the specific measures taken or envisaged to promote women’s participation in the labour market, including in occupations that are not traditionally exercised by women.

Promoting micro-, small and medium-sized enterprises (MSMEs) and cooperatives. The Committee previously requested the Government to provide information, including statistics, on the impact of the measures taken to promote the creation of sustainable employment by SMEs. The Government indicates that the promotion of SMEs and SMIs is a crucial strategy for the country’s economic and social development. In this regard, it refers to the establishment of a number of administrative bodies and support mechanisms, such as the creation of a Ministry for SMEs/SMIs, the restructuring of the Chamber of Commerce and Industry, and the merging of various institutions within a new agency, ANPI-Gabon, one of whose responsibilities is to assist the Government in the implementation of its policy for investment, exports, enterprise creation and development. The Committee requests the Government to continue sending updated information on the nature and impact of the measures adopted and implemented to support entrepreneurship development and the creation of sustainable micro-, small and medium-sized enterprises. It also requests the Government to provide in its next report an assessment of the results of the measures implemented, both in terms of the number of enterprises created and the economic sectors involved, and their impact on employment creation in SMEs. In addition, the Government is requested to provide detailed information on the measures taken to promote cooperatives as a source of productive employment.

Coordination of education and training policy with employment policy. The Committee previously requested the Government to provide an assessment of the impact of the measures taken to ensure that the promotion of vocational training is better matched to employment prospects, particularly for young people. The Government indicates that one of the policies in the PNE is to help the national education and vocational training system respond to the three dimensions of employability, the first two of which involve the ability to adapt to an enterprise that requires skills and the capacity to create one’s own job through the skills acquired in a trade. It also indicates that the country has nine vocational training and development centres (CFPP) spread across seven of Gabon’s nine provinces. The Committee notes that these centres only have 1500 places available for more than 4000 candidates seeking training registered during the last entry competition. It also notes that the training courses available cover 26 trades in the industrial sector and eight in the tertiary sector. These training courses place workers, skilled workers and highly skilled workers on the employment market. The Government also indicates that many private vocational training structures supplement State action by creating training cycles that award the Vocational Training Certificate (CFP) and the as well Higher Technician Diploma (DTS). The Committee requests the Government to provide in its next report information on the manner in which it ensures effective coordination between these vocational training programmes and its employment policy programmes, and to provide detailed information on the content of the vocational training programmes, as well as statistical data disaggregated by sex, age and type of training indicating the number of participants who obtained lasting employment following their training. It also requests the Government to provide information on the measures taken or envisaged to ensure coordination between the content of its vocational training programmes and existing and future labour market opportunities in response to current and future labour market needs.

COVID-19 and national employment policy. With regard to the COVID-19 global pandemic, the Committee recalls the guidance provided in international labour standards. In this regard, the Committee wishes to draw the Government’s attention to the Employment and Decent Work for Peace and Resilience Recommendation, 2017 (No. 205), which provides guidance on the drafting and implementation of effective responses to the deep-rooted socio-economic consequences of the pandemic. The Committee invites the Government to provide in its next report updated information on the impact of the COVID-19 pandemic on the implementation of the policies and programmes adopted to promote full, productive, freely chosen and lasting employment.

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine Conventions Nos 26 and 99 (minimum wages) and 95 (protection of wages) together.

The Committee notes the observations of the Trade Union Congress of Gabon (CSG) on the application of Convention No. 26, received in 2015.

Minimum wages

Article 3 of Conventions Nos 26 and 99. Participation of the social partners. The Committee notes that, according to the Government’s report and the observations of the CSG, the National Commission for Wage Studies (CNES), a tripartite body responsible for giving reasoned opinions on the fixing of the guaranteed minimum inter-occupational wage (SMIG), is not operational. According to the Government, this is linked to a problem of trade union representativity, following the adoption of new criteria for trade union elections. The Government also indicates that the decree establishing the powers, organization and operation of the CNES, provided for in section 250 of the Labour Code, has not yet been adopted and, in the meantime, Decree No. 642/PR/MTEFP of 23 June 1997 establishing the composition of the CNES remains in force. The Committee requests the Government to take the necessary measures so that the CNES can become operational in the near future and fulfil its role of examining the SMIG. The Committee requests the Government to provide information on the progress made in this regard. It reminds the Government of the possibility to avail itself of ILO technical assistance.

Protection of wages

Article 12 of Convention No. 95. Payment of wages at regular intervals. In its previous comments the Committee requested the Government to provide information on the concrete measures taken to rectify the situation of wage arrears in various sectors. The Committee notes the information provided by the Government in its report, particularly indicating that: (i) no violations of section 152 of the Labour Code have been detected, which provides for the regular payment of wages; (ii) unpaid wages in the public sector and particularly in the national education sector only concern strikers, as strike days are not paid; (iii) significant state aid was granted to a public transport company that had been late in paying wages; and (iv) in the telecommunications sector, the conclusion of an enterprise agreement between the employer and the trade union concerned has made it possible to resolve the difficulties, particularly those related to the payment of a bonus.

Article 1(a) of the Convention. Imposition of a sentence of imprisonment involving compulsory labour as punishment for expressing political views or views ideologically opposed to the established political, social or economic system. In its previous comments, the Committee noted that, under sections 2 and 3 of Act No. 22/84 of 29 December 1984 establishing the prison labour system, political prisoners convicted at the same time for related offences under common law are treated as common law prisoners and are therefore required to work. The Government indicated, in this regard, that a text aimed at amending the above Act was in the process of being adopted. The Committee also noted the Government’s indication that there have not been political prisoners in Gabon since 1990.

The Committee notes that, according to the Government’s report, the bill amending Act No. No. 22/84 of 19 December 1984 on the prison labour system was transmitted to the competent bodies for review and prior opinion of the State Council, before being submitted to Parliament.

The Committee welcomes the adoption of Act No. 019/2016 of 9 August 2016 issuing the Communication Code of Gabon, which replaces the former Code of Audiovisual, Cinematographic and Written Communication of Gabon of 2001, and no longer provides for prison sentences for offences against press laws.

The Committee notes, however, that under the Criminal Code prison sentences including compulsory labour can be handed down in circumstances falling under the present provisions of the Convention. The provisions in question are:

-sections 158 to 161, concerning insulting behaviour towards officials in authority and officers of the law, which provide for imprisonment ranging from one to ten years in cases of insults against the President or his or her spouse;
-section 212, which provides for imprisonment of between one month and two years in cases of offending public decency;
-sections 284 and 286, which provide for imprisonment of between one month and one year in cases of defamation and abuse.

Referring to its 2012 General Survey on the Fundamental Conventions (paragraph 302), the range of activities which must be protected from penalties involving forced or compulsory labour, within the meaning of Article 1(a) of the Convention, comprise those which are carried out within the context of the freedom to express political or ideological views (which may be exercised orally or through the press and other communications media). The Committee firmly hopes that the bill on the prison labour system will be adopted shortly to ensure that political prisoners or prisoners of conscience sentenced at the same time for related offences under common law are not treated as common law prisoners and are consequently not obliged to work. The Committee also requests the Government to indicate whether the above sections of the Criminal Code are applied in practice and, if so, to specify the status of the prisoners sentenced under these provisions (political prisoners or prisoners sentenced under common law).

Article 2(1) of the Convention. Scope of application and minimum age for admission to employment or work. In its previous comments, the Committee noted that, under section 177 of the Labour Code of Gabon of 1994 as amended by Ordinance No. 018/PR/2010 of 25 February 2010, children may not be employed in any enterprise before the age of 16 years. The Committee also observed that, under the terms of section 1, the Labour Code only governs the employment relationship between workers and employers, and between employers or their representatives and apprentices and trainees placed under their authority. It therefore appears that the Labour Code and the provisions concerning the minimum age for admission to employment or work do not apply to work performed outside a formal employment relationship, as in the case of children working on their own account or those working in the informal economy.

The Committee notes the Government’s indication in its report that the Committee’s comments will be taken into account in the draft revision of the Labour Code. It also notes the Government’s indications that it plans to extend the social coverage of the National Health Insurance and Social Guarantee Fund (CNAMGS) to children working in the informal economy. It notes that, under section 2 of Decree No. 0651/PR/MTEPS of 13 April 2011 establishing individual exceptions to the minimum age for admission to employment in Gabon, individual exceptions to the minimum age for admission to employment, which is fixed at 16 years, can be granted for work taking place in establishments where only family members are employed under the authority of the father, mother or guardian. The Committee reminds the Government that the Convention applies to all sectors of economic activity and covers all forms of employment and work, whether or not these are governed by a contractual employment relationship, including work in a family enterprise. The Committee expresses the firm hope that the draft amendments to the Labour Code will be adopted in the very near future, so that all children under 16 years of age who engage in economic activities outside a formal employment relationship, particularly children who work in the informal economy, including in a family enterprise, benefit from the protection afforded by the Convention. The Committee requests the Government to provide information on progress made in this respect and to send a copy of the draft amendments to the Labour Code. It also requests the Government to provide information on progress regarding social coverage through the CNAMGS of children working in the informal economy.

Article 3(1) and (2). Minimum age for admission to hazardous types of work and determination of such types of work. The Committee noted previously that, under section 177 of the Labour Code of 1994 as amended by Ordinance No. 018/PR/2010 of 25 February 2010, children under 18 years of age may not be employed in types of work considered to constitute the worst forms of child labour, particularly work which, by its nature or the circumstances in which it is carried out, is likely to jeopardize the health, safety or morals of young persons. The Committee also noted that the list of types of work and the categories of enterprises prohibited for young persons, and the age limit to which this prohibition applies, is determined by Decree No. 275 of 5 November 1962, but that the list of hazardous types of work was being revised.

The Committee notes with satisfaction the adoption of Decree No. 0023/PR/MEEDD of 16 January 2013 determining the nature of the worst forms of labour and the categories of enterprises prohibited for children under 18 years of age, pursuant to section 177 of the Labour Code. Section 2 of the Decree prohibits the employment of children under 18 years of age in certain types of work such as: work in abattoirs and tanneries; extraction of minerals, waste, materials and debris in mines and quarries; driving of motor vehicles and mechanical equipment; and work in construction, except for finishing work that does not require the use of scaffolding. The Committee requests the Government to provide information on the application in practice of Decree No. 0023/PR/MEEDD, including the number and nature of infringements detected relating to the performance of hazardous work which is prohibited for children under 18 years of age, and the penalties imposed.

Article 9(1). Penalties and labour inspection. In its previous comments, the Committee noted that section 195 of the Labour Code provides that any person who violates the provisions of section 177, concerning the minimum age for admission to employment or work, shall be liable to a fine and/or imprisonment of two to six months. Any person violating section 177(3), concerning hazardous work, shall be liable to a fine and five years’ imprisonment without the possibility of a suspended sentence. Each of these penalties is doubled for repeat offences. The Committee also noted that, under section 235 of the Labour Code, labour inspectors are responsible for reporting violations of the laws and regulations relating to labour, employment, occupational safety and health, and social security. The Committee also noted with concern the Government’s indication that no penalties had yet been imposed in this regard, even though the Committee on the Rights of the Child, in its concluding observations of 2016, had highlighted the large number of children working in sand quarries and gargotes (low-quality restaurants) and on taxis and buses. It further noted, in its comments on the Worst Forms of Child Labour Convention, 1999 (No. 182), that the labour inspectorate had not recorded any offences involving child labour.

The Committee notes the Government’s indication that the labour inspection services do not have the necessary resources to investigate child labour properly but that in 2017, with support from partners including UNICEF, a pilot phase of capacity-building for inspectors was launched, involving training for labour inspectors relating to the exploitation of child labour. The Government explains that the pilot phase of capacity-building for labour inspectors is due to be extended to the whole country to enable effective implementation of the provisions of the Convention. However, the Committee notes that the Government still provides no details of any convictions of offenders under section 177 of the Labour Code. The Committee requests the Government to renew its capacity-building efforts for labour inspectors in order to ensure that the regulations providing for penalties for violations of section 177 of the Labour Code are implemented effectively. In this regard, it requests the Government to report on the results of this capacity-building in terms of the numbers of labour inspectors and of inspections with a focus on child labour, including hazardous work. It also requests the Government to provide information on the application of these penalties in practice, indicating the number and nature of violations reported and penalties imposed and, where possible, to provide extracts from labour inspectors’ reports.

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

Article 2(3) of the Convention. Age of completion of compulsory schooling. The Committee previously noted that Act No. 21/2011 determining the general education, training and research policy establishes 16 years as the age of completion of compulsory schooling, which corresponds to the minimum age for admission to employment or work. The Committee notes that section 2 of Act No. 21/2011 provides that education and training are compulsory in Gabon. Access to education and training shall be ensured for any young person, whether Gabonese or not, between 3 and 16 years of age.

Article 7. Light work. In its previous comments, the Committee noted that under section 2 of Decree No. 0651/PR/MTEPS of 13 April 2011 determining individual exemptions from the minimum age for admission to employment in Gabon, individual exemptions from the minimum age for admission to employment may be granted for the performance of light work not likely to jeopardize the health, development or school attendance of the minors concerned, or their participation in vocational guidance and training programmes. Under the terms of section 3 of the Decree, the performance of light work shall be subject to the prior written agreement of a parent, as well as the opinion of a works doctor, and weekly working time shall not exceed 15 hours. However, the Committee noted that the decree determining exemptions from the minimum age for admission to employment did not appear to set a minimum age for admission to light work, and only indicated that children under 16 years of age may be authorized to perform such work when granted an individual exemption, without specifying the authority entitled to grant such individual exemptions, and making them conditional only upon the parent’s agreement and the opinion of the works doctor. The Committee also observed that the types of light work authorized for children under 16 years of age did not appear to have been determined.

The Committee notes that, according to the information in the Government’s report, the draft amendments to the Labour Code establish a list of types of light work which children under 16 years of age are allowed to perform. The Committee reminds the Government that, under Article 7(1) of the Convention, national laws or regulations may permit the employment of children aged at least 13 years in light work and that, under Article 7(3) of the Convention, the competent authority, and not the persons exercising parental authority, shall determine the activities in which light employment or work may be permitted and shall prescribe the number of hours during which and the conditions in which such employment or work may be undertaken. The Committee requests the Government to take the necessary measures, as part of the revision of the Labour Code, to prohibit the admission of children under 13 years of age to light work, to adopt a list of types of light work in which children between 13 and 16 years of age may be engaged, and to ensure that the competent authority determines the conditions for such employment. The Committee requests the Government to provide information on the progress achieved in this regard.

Article 8. Artistic performances. The Committee noted previously that, under section 2 of the Decree determining individual exemptions from the minimum age for admission to employment, individual exemptions from the minimum age may be granted for the participation of minors in artistic performances. Under section 3 of the Decree, participation in artistic performances shall be subject to prior parental agreement in writing, and the weekly duration of such activity must not exceed 15 hours. However, the Committee noted that the conditions of such employment do not appear to be set out in national laws or regulations.

The Committee notes the Government’s indication that, as part of the revision of the Labour Code, new provisions will provide that individual exemptions relating to the participation of children under 16 years of age in artistic performances will be granted by the competent authorities, according to the needs and age of the child, and that these exemptions will be limited in terms of time. The Government also indicates that in practice children under 16 years of age do not take part in artistic performances. The Committee trusts that the draft amendments to the Labour Code will be adopted in the very near future and requests the Government to take the necessary steps to ensure that individual exemptions relating to the participation of children under 16 years of age in artistic performances are granted by the competent authority as well as the parent(s), and that they establish the conditions of employment for children in artistic performances, in accordance with Article 8 of the Convention. The Committee requests the Government to provide information on progress made in this respect.

Article 9(3). Keeping of registers. The Committee noted previously that section 257 of the Labour Code provides that the employer must keep constantly updated, at the work premises, an employer’s register, the form of which shall be determined by order of the Minister of Labour after consultation with the Labour Advisory Commission. It also noted that General Order No. 3018 of 29 September 1953 establishes the model for the employer’s register, in which the worker’s age and date of entry into the establishment must be indicated.

The Committee notes the Government’s indication that, in the context of the revision of the Labour Code, the provisions of General Order No. 3018 will be amended and will take account of the Committee’s comments. The Committee therefore requests the Government to take the necessary measures in the near future to bring General Order No. 3018 into conformity with the requirements of Article 9(3) of the Convention, by providing that the employer must keep registers and make them available.

Application of the Convention in practice. The Committee previously noted the lack of statistical data available on child labour. It noted that, according to UNICEF statistics, between 2002 and 2010 a total of 13.4 per cent of children were involved in child labour (15.4 per cent of boys and 11.6 per cent of girls). The Committee noted that Decree No. 0191/PR/MFAS on the establishment of a child protection indicators matrix (MIPE), adopted in 2012, creates an indicative instrument designed to help the Government to follow trends on matters related to children’s rights. This instrument, which seeks to assist the work of the National Observatory of the Rights of the Child (ONDE), is intended to ensure the ongoing availability in Gabon of a database of precise statistics on child protection. The Government indicated that ONDE activities consisted of setting up watchdog committees in all provinces of the country.

The Committee notes that, according to the Government, ONDE is a forum for cooperation and consultation between various public and private actors and associations involved in the rights of the child, even though cooperation is limited owing to the lack of an ONDE office and insufficient staff. The Committee also notes the Government’s indication that statistics on child labour are still not available. In order to be in a position to assess the application of the Convention in practice, the Committee requests the Government to take the necessary measures to ensure the availability of adequate data on the situation of children who work in Gabon, and particularly on the number of working children and young persons whose age is lower than the minimum age for admission to employment or work, namely 16 years, and on the nature, scope and trends of such work. The Committee requests the Government to continue providing information on ONDE activities and on the statistics collected by ONDE through the MIPE on children under 16 years of age who are engaged in work.

The Committee hopes that the Government will continue to take its comments into consideration in the context of the revision of the Labour Code which is under way. The Committee reminds the Government that it may avail itself of ILO technical assistance in order to bring its law and practice into line with the Convention.

The Committee notes the Government’s first report.

Article 2 of the Convention. Formulation, implementation and periodic review of a coherent national policy on occupational health services. The Committee notes the indication in the Government’s report that new legislation on the national policy is being drawn up. The Committee requests the Government to continue providing information on progress made towards the formulation of a coherent national policy on occupational health services and to clarify whether consultations with the most representative employers’ and workers’ organizations have been held for this purpose.

Articles 3, 4 and 6 of the Convention. Progressive establishment of occupational health services for all workers and all branches of economic activity. Consultation of the most representative organizations of employers and workers. The Committee notes that section 221 of the Labour Code stipulates that every enterprise or workplace must provide an occupational health service. It also notes that, under the same provision, decrees adopted further to the opinion of the technical advisory committee and on the proposal of the Labour Minister must determine, until such time as a general health insurance scheme is established, the procedures for fulfilling this obligation. The Committee also notes the Government’s indication in its report that plans put in place by employers’ and workers’ organizations for establishing occupational health services include the grouping of enterprises and the creation of enterprise health centres. Moreover, the Government refers to General Order No. 3773 of 25 November 1954 concerning the structure and operation of the medical services of enterprises established in French Equatorial Africa (AG No. 3773), section 8 of which provides that the works doctor must perform an advisory role for the head of the enterprise in relation to, inter alia, the monitoring of general workplace hygiene; hygiene in workshops and protection of workers against dust and hazardous vapours; the installation and use of safety equipment and the application of all measures designed to prevent occupational accidents and diseases; and improvements to working conditions, including through additional plant and facilities, technical adjustments for the benefit of workers, and studies of ergonomic conditions and rhythms. Section 7 also provides that the works doctor shall be responsible for providing workers with preventive health care to prevent any work-related deterioration of health, and for arranging education for workers concerning hygiene and the prevention of industrial accidents and occupational diseases. The Committee requests the Government to provide further information on the establishment in practice of occupational health service, including inter-enterprise services, and to state how the most representative employers’ and workers’ organizations have been consulted in this regard. The Committee also requests the Government to indicate whether the decrees referred to in section 221 of the Labour Code, determining implementing procedures for the establishment of occupational health services, have been adopted.

Article 5(a), (b), (d), (h) and (k). Functions of occupational health services. The Committee notes that no information has been provided on the manner in which the functions of occupational health services are determined in order to ensure that they are adequate and appropriate to the occupational risks of the undertaking. The Committee also observes that no information has been provided on the measures taken to ensure that occupational health services have the following functions: identification and assessment of the risks from health hazards in the workplace (Article 5(a)); surveillance of the factors in the working environment and working practices which may affect workers’ health (Article 5(b)); participation in the development of programmes for the improvement of working practices as well as testing and evaluation of health aspects of new equipment (Article 5(d)); contribution to measures of vocational rehabilitation (Article 5(h)); participation in analysis of occupational accidents and occupational diseases (Article 5(k)). The Committee requests the Government to provide information on the measures taken or envisaged to ensure that occupational health services have functions that are adequate and appropriate to the occupational risks of the undertaking and, where necessary, the functions specified in Article 5(a), (b), (d), (h) and (k) of the Convention.

Article 5(c) and (e). Advice on substances used in work, ergonomics and individual and collective protective equipment. The Committee notes that section 8 of AG No. 3773 states that the works doctor shall advise the employer on improvements to working conditions, including through additional plant and facilities, technical adjustments for the benefit of workers, and studies of ergonomic conditions and rhythms. However, the Committee notes that no reference is made in this context to substances used in work, ergonomics or individual and collective protective equipment. The Committee requests the Government to provide information on the measures taken or contemplated to ensure that the functions of occupational health services include the provision of advice on substances used in work, ergonomics and individual and collective protective equipment.

Article 8. Cooperation and participation of the employer, workers and their representatives. The Committee requests the Government to provide information on the measures taken or contemplated to ensure the application of Article 8 of the Convention, concerning the cooperation and participation of workers and their representatives in the implementation of organizational measures relating to occupational health services.

Article 9. Composition of the personnel of occupational health services and cooperation with the other services in the undertaking. The Committee notes that AG No. 3773 provides that occupational health services shall be composed of doctors and nurses. Moreover, under Order No. 306 of 4 February 1955 determining procedures for the establishment of medical and health services common to all enterprises in Gabon, the inter-enterprise medical service shall have the services of at least one doctor on a permanent basis. The Committee requests the Government to provide information on the measures taken or contemplated to ensure that occupational health services are multidisciplinary, in accordance with Article 9(1), and that these services cooperate with the other services of the undertaking, in accordance with Article 9(2). The Committee also requests the Government to indicate the measures taken or envisaged to ensure adequate cooperation and coordination between occupational health services and other bodies concerned with the provision of health services, in accordance with Article 9(3).

Article 10. Professional independence of personnel. The Committee requests the Government to provide information on the manner in which the professional independence of occupational health services personnel from the employer is ensured.

Articles 14 and 15. Notification of occupational health services. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that occupational health services are informed of any known factors and any suspected factors in the working environment which may affect the workers’ health, and also of occurrences of ill health amongst workers and absence from work for health reasons.

Articles 3(a) and 7(1) of the Convention. Worst forms of child labour. Sale and trafficking of children. Penalties. In its previous comments, the Committee noted that a number of children, particularly girls, are victims of internal and cross-border trafficking for the purposes of work as domestic servants or in the country’s markets. Children from Benin, Burkina Faso, Cameroon, Guinea, Niger, Nigeria and Togo are victims of trafficking to Gabon. The Committee emphasized that, despite the conformity of the national legislation on the sale and trafficking of children (in particular Act No. 09/2004) with the Convention, and even though several institutions have an operational mandate in this field, the legislation is still not enforced and coordination is weak. Moreover, the Committee noted with concern that, even though prosecutions had been initiated against suspected traffickers of children, no ruling had yet been handed down, even though the United Nations Committee on the Rights of the Child (CRC) had stated that 700 child victims of trafficking had been identified and repatriated to their countries of origin. The Committee therefore asked the Government to take steps to ensure the in-depth investigation and robust prosecution of persons who engage in the sale and trafficking of children under 18 years of age.

The Committee notes the Government’s statement in its report that Act No. 09/2004 concerning the prevention and combating of trafficking of children has been revised following the national symposium on combating the trafficking of children held in June 2016. The Committee also notes the Government’s indications that any persons violating the laws and regulations relating to the sale and trafficking of children are liable to severe punishment under the law in the form of fines or imprisonment. The Government indicates that prosecutions have been initiated against eight persons in cases involving the forced labour of children. It also states that in 2016 officers from the immigration control department were given training in identification and investigation methods in trafficking cases. The Committee also notes the Government’s indication, in its report relating to the Minimum Age Convention, 1973 (No. 138), that deadlines for the courts to hand down judgments (except for administrative tribunal decisions) are unknown and it recognizes the ineffectiveness of the Gabonese justice system. It indicates that judicial prosecutions are limited, owing to a lack of financial resources at the High Court of Justice, which deals with trafficking cases but cannot hold regular sessions. The Government further indicates that data on the repression of trafficking is limited, in particular because of a lack of communication between ministries. The Government also states that reports have indicated that corruption and complicity of public officials in trafficking cases remain a source of serious concern. It indicates that judges are at risk of being corrupted by suspected traffickers and that they often delay or abandon cases which have been opened against traffickers.

The Committee further notes that, according to the UNICEF annual report for 2017, the trafficking of children is constantly increasing because of the lack of effective and comprehensive enforcement of the laws against the trafficking and exploitation of children. The Committee notes that the August 2017 report of the United Nations High Commissioner for Human Rights (UNHCHR), in the context of the universal periodic review, emphasizes that the Special Rapporteur on trafficking expressed concern at the trafficking of women and girls for sexual exploitation and prostitution (A/HRC/WG.6/28/GAB/2, paragraph 50). The Committee is therefore bound to note with deep concern the lack of convictions handed down for traffickers of children, which perpetuates the situation of impunity that appears to exist in the country. Recalling that penalties are only effective if they are actually enforced, the Committee urges the Government to take the necessary steps without delay to ensure the thorough investigation and robust prosecution of perpetrators of the sale and trafficking of children, including government officials suspected of complicity and corruption, and to ensure that penalties constituting an adequate deterrent are imposed on them. Further, recalling that it is the responsibility of the State to provide the judicial system with the means to function, as well as to ensure effective communication between the ministries, the Committee also requests the Government to take the necessary steps to facilitate communication between ministries and to strengthen the capacities of the High Court of Justice, including its ability to hand down judgments within a reasonable time. The Committee requests the Government to continue providing information on the application of provisions relating to this worst form of child labour, including statistics on the number of convictions handed down and the criminal penalties imposed.

Clauses (b) and (c). Use, procuring or offering of a child for the production of pornography or for pornographic performances, or for illicit activities. The Committee previously urged the Government to take the necessary steps to ensure that the use, procuring or offering of a child under 18 years of age for the production of pornography or for pornographic performances, or for illicit activities, including the production and trafficking of drugs, are explicitly prohibited in the national legislation.

The Committee notes with satisfaction that Decree No. 0023/PR/MEEDD of 16 January 2013, determining the nature of the worst forms of labour and the categories of enterprises prohibited for children under 18 years of age, defines the “use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances” and “for illicit activities including the production and trafficking of drugs as defined by the relevant international conventions” as the worst forms of child labour. It notes that this Decree was adopted pursuant to section 177 of the Labour Code. The Committee observes that section 195 of the Labour Code provides that any person who violates the provisions of section 177(3), concerning the worst forms of child labour, which refers to the above-mentioned Decree, shall be liable to a fine of 5 million CFA francs (US$8,429) and five years’ imprisonment without the possibility of a suspended sentence. Each of these penalties is doubled for repeat offences. The Committee requests the Government to provide information on the application in practice of this new Decree, including the number and nature of violations detected in relation to the use, procuring or offering of a child for the production of pornography, for pornographic performances or for illicit activities, including the production and trafficking of drugs.

Articles 5 and 6. Monitoring mechanisms and programmes of action. 1. Council to Prevent and Combat the Trafficking of Children and the Monitoring Committee. The Committee previously noted that the Council to Prevent and Combat the Trafficking of Children is an administrative authority attached to the Ministry of Human Rights. In practice, monitoring of the phenomenon of trafficking is ensured by a monitoring committee and several watchdog committees, which are responsible for monitoring and combating the trafficking of children for exploitation within the country. The Committee asked the Government to intensify its efforts to strengthen the capacity of the watchdog committees and their coordination with the Council to Prevent and Combat the Trafficking of Children and the monitoring committee with a view to ensuring the enforcement of the national legislation against trafficking in children.

The Committee notes the Government’s announcement that the Council to Prevent and Combat the Trafficking of Children became operational in December 2017. The Government indicates that the watchdog committees have conducted information campaigns on the possibility of assistance for victims and on the existence of penalties for traffickers of children, aimed at having a deterrent effect. The Government also highlights the presence of an Inter-Ministerial Committee to Combat the Trafficking of Children, and also the formulation and adoption of a “Plan of action against the trafficking of children 2016–17”. The Committee notes that, according to information from the ILO office in Yaoundé, the above-mentioned action plan for 2016–17 has not been renewed. While noting the measures taken by the Government, the Committee requests the Government to continue its efforts to ensure that the watchdog committees have the capacity to detect situations where children under 18 years of age are victims of trafficking. It requests the Government to provide information on the number of child victims of trafficking who have been identified, and on the results of the “Plan of action against the trafficking of children 2016–17”, including the activities undertaken. The Committee also requests the Government to provide information on the recent activities of the Council to Prevent and Combat the Trafficking of Children and on the role of the Inter-Ministerial Committee to Combat the Trafficking of Children.

2. Labour inspection. With regard to labour inspection, the Committee refers to its detailed comments on the Minimum Age Convention, 1973 (No. 138).

Article 7(2) of the Convention. Effective and time-bound measures. Clause (b). Removing children from the worst forms of child labour and ensuring their rehabilitation and social integration. Reception centres and medical and social assistance for child victims of trafficking. The Committee previously noted that the country has four reception centres where children removed from a situation of exploitation receive an initial medical examination a few days after their placement in a centre. In addition to their rehabilitation and social integration, children are supervised by specialist teachers and psychologists, and benefit from social and educational activity programmes and administrative and legal support. The Committee also noted that during their stay in the centres school-age children removed from trafficking are enrolled free of charge in state schools, while those who are no longer of school age are enrolled in literacy centres.

The Committee notes the Government’s indication that in 2015 a total of 15 child victims of trafficking for forced labour were identified and directed to the social services. The Government explains that a number of structures, including NGOs, religious authorities and UNICEF, provide support for the operations of the reception centres. The Committee notes that, according to the UNICEF annual report for 2017, a number of child protection structures, including social workers and civil society organizations, have received training, including with regard to providing care for victims of abuse, violence, and exploitation. It also observes that the Government, in its report to the United Nations Human Rights Council in August 2017 in the context of the Universal Periodic Review, indicates that in 2014 and 2015 the monitoring committee recorded more than 750 children who had been removed from trafficking circuits and reintegrated locally or repatriated to their countries of origin (Benin, Togo and Nigeria) (A/HRC/WG.6/28/GAB/1, paragraph 42). While noting the large number of children removed from trafficking circuits, the Committee recalls the importance of measures for the rehabilitation and social integration of child victims of trafficking and requests the Government to take the necessary steps to ensure that all children withdrawn from trafficking are effectively rehabilitated and integrated in society. The Committee also requests the Government to provide information on the number of children under 18 years of age who have actually been removed from this worst form of child labour and placed in reception centres.

Article 8. International cooperation. The Committee noted previously that the Government had signed the Multilateral Regional Cooperation Agreement against the trafficking of persons (especially women and children) in West and Central Africa in July 2006 and that a bilateral agreement against trafficking in children was being negotiated with Benin. It noted that, according to the Special Rapporteur, with a maritime border of over 800 kilometres and a porous frontier with three countries, Gabon was in need of sound cooperation with its neighbours to combat the phenomenon of trafficking. However, only one bilateral agreement with Benin had been concluded.

The Committee notes the Government’s indications that bilateral cooperation between Gabon and Togo relating to the prevention and combating of child migration for cross-border trafficking and economic exploitation has been strengthened and has enabled the development of a draft bilateral agreement for combating the cross-border trafficking of children and also the repatriation and reintegration of 30 Togolese girls who were victims of trafficking to Gabon. The Government also indicates that it has cooperated with the Economic Community of Central African States and with Senegal, as part of action against the trafficking of children. The Committee notes that, according to the August 2017 report of the UNHCHR, the Committee on the Rights of the Child (CRC) expressed concern at the lack of bilateral agreements between Gabon and countries of origin of child victims of trafficking, in particular Mali, Nigeria and Togo (A/HRC/WG.6/28/GAB/2, paragraph 29). The Committee requests the Government to continue its efforts to ensure that bilateral agreements on trafficking in persons are concluded with neighbouring countries in the very near future, particularly with a view to boosting the numbers of border police officers. It requests the Government to provide information on progress made in this respect.

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

Article 7(2) of the Convention. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. In its previous comments, the Committee observed that, despite the improvements noted in recent years in terms of the increase in the net school enrolment rate and gender parity in primary education, the progress achieved is undermined by the high drop-out rates and the high percentage of children repeating classes. The Committee also noted that the Committee on the Rights of the Child (CRC) highlighted the 2010–20 plan to invest in education and increase the number of teachers and the number and quality of schools, particularly in rural areas.

The Committee notes the Government’s information indicating that in 2018 it organized a “Task Force on Education” seminar aimed at improving the education system. The Government indicates that at the end of this seminar a five-year action plan with three components (teaching, infrastructure and structures) was proposed in order to diversify sectors and train teachers in them, improve school infrastructure, establish a national education council and merge the separate ministries responsible for education and training into a single ministry. The Committee also notes that the Government, in its report on the Minimum Age Convention, 1973 (No. 138), indicates that it is working to progressively establish universal pre-primary education by 2020, and also to recruit and train teachers. The Committee notes that the Government indicates, in its August 2017 report submitted in the context of the universal periodic review to the Human Rights Council, that it carried out a study in 2016 on children dropping out of school (A/HRC/WG.6/GAB/1, paragraph 27). The Government also indicates in the report that 600 classrooms were built between 2010 and 2016 and that furniture is being made to equip them. The Committee also notes that the August 2017 report of the United Nations High Commissioner for Human Rights, in the context of the universal periodic review, highlights the fact that UNESCO recommended that Gabon improve its national education system and access to quality education for all, while reducing educational wastage rates and increasing school attendance rates (A/HRC/WG.6/28/GAB/2, paragraph 48).

The Committee notes that, according to the UNICEF annual report for 2017, the gross primary school enrolment rate is 140 per cent for girls and 144 per cent for boys, but that the repetition rate in the primary sector, standing at 36 per cent, is one of the highest in the world. The secondary school enrolment rate is 57 per cent for girls and 48 per cent for boys, UNICEF and the Government have taken action to improve the completion rate for girls in the first cycle of secondary education. Recalling that education is key to preventing the engagement of children in the worst forms of child labour, the Committee encourages the Government to continue its efforts to improve the functioning of the education system through measures aimed, inter alia, at reducing the school drop-out and repetition rates and increasing the enrolment rate in secondary education. The Committee requests the Government to provide information on the 2010–20 plan referred to above and the three-part five-year action plan, and to communicate the results achieved in terms of statistics on school enrolment, repetition and drop-out rates. The Committee also requests the Government to send the results of the 2016 study on children dropping out of school.

Clause (d). Children at special risk. 1. HIV/AIDS orphans. The Committee previously noted that, according to UNAIDS statistics, the number of children who were HIV/AIDS orphans in Gabon in 2015 was estimated at 16,000. It also noted the adoption of the National Strategic Plan 2008–15 to combat HIV/AIDS.

The Committee notes the Government’s indications that the National Strategic Plan 2013–17 and efforts by national bodies have resulted in a reduction of the HIV/AIDS prevalence rate from 8.9 to 5.9 per cent. The Government indicates that inter-ministerial committees for combating HIV/AIDS have been set up and that prevention and access to care in this area have been improved. The Committee notes that, according to the indications of the ILO office in Yaoundé, a new National Strategic Plan to combat HIV/AIDS was adopted for the 2018–22 period. It also notes that, according to UNAIDS, the Government has developed campaigns to raise awareness of HIV/AIDS in secondary schools in Gabon. It notes that UNAIDS put the estimated number of HIV/AIDS orphans in 2017 at 11,000. The Committee commends the Government’s efforts and requests it to continue providing information on the measures taken to ensure that children who are orphaned by HIV/AIDS are not engaged in the worst forms of child labour, particularly in the context of the National Strategic Plan 2018–22 to combat HIV/AIDS, and on the results achieved.

2. Street children. In its previous comments, the Committee noted that a study had been undertaken on the causes and extent of the phenomenon of street children and that, according to its results, the number of street children was estimated at around 1,000 nationwide. The study indicated that street children could be seen around markets and restaurants, at road junctions, bus stations, bus and taxi stops, car parks and public dumps.

The Committee notes the Government’s indication that there is still a large number of children living on the streets. The Committee observes that the 2017 UNICEF annual report indicates that, according to the national protection indicators matrix, a total of 1,185 street children have been identified. Recalling that street children are particularly exposed to the worst forms of child labour, the Committee urges the Government to take effective and time-bound measures to remove children from the streets and to ensure their rehabilitation and social integration, and to provide information on the results achieved.

3. Migrant children. The Committee notes that UNICEF, in its annual report for 2017, observes that migrants in Gabon account for one fifth of the total population. UNICEF highlights the fact that forced labour and cross-border trafficking involving children are more prevalent within migrant communities. The Committee requests the Government to provide information on the measures taken to protect migrant children from the worst forms of child labour.

Comments adopted by the CEACR: Gabon

Adopted by the CEACR in 2021

C087 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C087 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C098 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C144 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C151 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

MLC, 2006 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

MLC, 2006 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C100 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C100 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C111 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C111 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C122 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Adopted by the CEACR in 2019

C095 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Minimum wages

Protection of wages

C105 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C138 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C138 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C161 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C182 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C182 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Comments adopted by the CEACR: Gabon

Display the list by:

Adopted by the CEACR in 2021

C087 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C087 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C098 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C144 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C151 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

MLC, 2006 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

MLC, 2006 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C100 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C100 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C111 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C111 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C122 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Adopted by the CEACR in 2019

C095 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Minimum wages

Protection of wages

C105 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C138 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C138 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C161 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C182 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C182 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)