Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

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

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

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

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

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

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

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

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

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