Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

Maternity Protection Convention (Revised), 1952 (No. 103) - Equatorial Guinea (Ratification: 1985)

The Committee notes the information supplied by the Government in reply to its earlier comments, in particular in relation to Article 3, paragraph 4, and Article 4, paragraphs 1 and 3, of the Convention.

1. It notes with interest the intention of the Government to take the necessary legislative measures in order to give full effect to the following provisions of the Convention: Article 3, paragraphs 2 and 3 (duration of maternity leave and period of compulsory leave after confinement), Article 4, paragraphs 2, 6 and 8 (rates of cash maternity benefits and prohibition of such benefits at employer's expense), and Article 6 (prohibition of dismissal during the absence of the woman on maternity leave). The Committee hopes that the above-mentioned measures will be taken in the near future and asks the Government to provide in its next report full information on the progress made in this connection.

2. The Committee notes the explanations of the Government as regards the application of Article 2 of the Convention (the scope). The Committee would like to draw the Government's attention once again to the contradiction of section 6 of the Social Security Act with the provision of this Article, according to which the Convention applies to all women covered by Article 1 of the Convention, irrespective of their nationality and without any condition of reciprocity. The Committee trusts that the Government will take the necessary legislative measures in the near future in order to ensure full compliance of the national legislation with this Article.

3. The Committee notes the information provided by the Government concerning the difficulties encountered in the application of the provision of Article 4, paragraph 5. The Committee wishes to draw the Government's attention to the fact that, in accordance with Article 4, paragraph 5, of the Convention, women who fail to qualify for benefits provided as a matter of right should be entitled to adequate benefits out of social assistance funds. The Committee hopes that the Government will provide in its next report information on measures taken or envisaged with a view to giving full effect to this provision of the Convention.

4. The Committee notes from the Government's report that there is no provision in the national legislation giving effect to Article 5, paragraph 1, of the Convention with regard to women civil servants, but that pauses for nursing are given in practice. The Committee hopes that the Government will take appropriate measures in order to ensure full conformity with the above-mentioned provision of the Convention as regards this category of women workers and asks the Government to report any progress made in this connection.

5. The Committee notes the statement of the Government that the interruptions of work for the purpose of nursing provided for by section 115 of the General Labour Act are considered to be working hours and remunerated accordingly. The Committee draws the attention of the Government to Article 5, paragraph 2, of the Convention, according to which the matter is to be governed by either laws and regulations, or collective agreements. It would be grateful if the Government would take appropriate measures in order to ensure full conformity with the above provision of the Convention. 6. The Committee notes that the regulations under the Social Security Act are not yet adopted. It hopes that such regulations will be adopted in the near future and asks the Government to report any progress made in this connection. It would be glad if the Government would supply a copy as soon as they are adopted.