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

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Guinea-Bissau (Ratification: 1977)

The Committee notes the information contained in the Government’s report. It requests the Government to provide further information in its next report on the following points.

1. The Committee notes the list of contents of the draft legislation that will revise the General Labour Act, 1986. The Committee hopes the draft Act will contain a prohibition on discrimination in accordance with Article 1 of the Convention and that the part on the protection of women workers will be drafted in light of the objective of equality as well as protection. The Committee asks the Government to supply information on the development of the legislative process and to provide a copy of the draft Act in its next report.

2. The Committee once again notes that no supplementary legislation has been enacted pursuant to section 155(4) of the General Labour Act, 1986, that prescribes the adoption of complementary legislation to prevent women from being employed in hazardous occupations. The Committee invites the Government to consider the possibility of re-examining this provision, in consultation with the social partners, with a view to assessing whether it is still necessary to prohibit the access of women to certain occupations, in light of the improvements in conditions of work, changing attitudes and also the adoption by the ILO of its 1985 resolution on equal opportunities and equal treatment for men and women in employment and the Night Work Convention, 1990 (No. 171). Further, the Committee notes the Government’s statement that an employment policy is going to be adopted in the short term and that this document shall enhance the application of the principle of non-discrimination in employment, occupation and training on all the grounds set forth in the Convention. The Committee would be grateful if the Government would supply a copy of the policy document in its next report.

3. The Committee notes that a Parliamentary Commission has been established and it will undertake a review of the legislation concerning women and children. It also notes the establishment of a governmental institute on women and children. The Committee would appreciate receiving information on the activities and the results achieved by the Commission and the Institute. The Committee hopes the Commission will take into account the comments raised above on the legislation and the promotion of equality in employment and occupation.

4. The Committee notes the Government’s statement in its report that women’s participation in employment in the public service is increasing. However, no statistical data were supplied in the report. The Government indicated the difficulties it had in collecting and analysing statistics. The Committee notes this information and asks the Government to continue to make efforts to collect, analyse and supply information on the participation of men and women in the public sector.

5. The Committee notes the statistical data supplied by the Government on participation in training programmes. It notes that, out of 84 persons enrolled, only three women took part in the training courses. It further notes that the National Vocational Training Institute is going to be restructured and become the general department for technical and professional training and non-formal education. The Committee asks the Government to supply more detailed information on the new general department and urges the Government to take measures in order to enhance women’s participation in training programmes, since training and vocational guidance are of paramount importance in that they determine the actual possibilities of gaining access to employment and occupations (paragraph 77, 1988 General Survey).

6. The Committee notes the information in the Government’s report that in practice there is no discrimination, nor has there ever been a complaint of discrimination including under section 156(1) of the General Labour Act. The Committee is concerned by these statements given that no complaints usually means a lack of awareness and/or insufficient complaint mechanisms. It therefore asks the Government to provide information on the specific measures taken to increase awareness of workers of their rights of non-discrimination. Please also supply more details on whether the training of labour inspectors involved issues of discrimination or if such training is contemplated. Moreover, the Committee once again requests the Government to supply data on the number of inspections conducted, the violations identified, the actions taken and the outcomes.

7. The Committee would appreciate receiving information on measures taken by the Government to seek the cooperation of workers’ and employers’ organizations in accordance with Article 3(a) of the Convention, to promote application of the Convention.