Demande directe (CEACR) - adoptée 2020, publiée 109ème session CIT (2021)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - Gabon (Ratification: 1961)

Autre commentaire sur C111

Observation

Demande directe

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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.