Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Democratic Republic of the Congo (Ratification: 2001)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Articles 1 and 2 of the Convention. Prohibition of discrimination in employment and occupation. The Committee previously noted that the Labour Code contains no provisions prohibiting and defining discrimination in employment and occupation, although section 1 provides that the Labour Code applies to all employers and all workers, with the exception of state public services, regardless of race, sex, civil status, religion, political opinion, national extraction and social origin. Act No. 81/003 of 17 July 1981, which promulgates the conditions of service of career members of the state public service, also lacks anti-discrimination provisions. Recalling its previous comments concerning the need to include in legislation provisions prohibiting and defining indirect and direct discrimination in employment and occupation, including in respect of recruitment, the Committee welcomes the Government’s statement that it will examine the matter and take the Committee’s comments into account. The Government is requested to indicate the steps taken with a view to including such provisions in the Labour Code and Act No. 81/003 and any progress made in this regard.

Discrimination based on sex. The Committee previously noted that a reading of sections 448 and 497 of Act No. 87/010 of 1 August 1987, issuing the Family Code, appears to indicate that, in certain cases, a woman has to obtain the authorization of her husband to take up salaried employment, whereas no such obligation is imposed upon the husband. Furthermore, in relation to jobs in the public service, the Committee notes that section 8 of Act No. 81/003 of 17 July 1981, issuing the conditions of service of career members of the state public services, and section 1(7) of Legislative Ordinance No. 88-056 of 29 September 1988, respecting the activities of magistrates, provide that a married woman must have obtained the permission of her spouse to be recruited as a career member of the public service or appointed as a magistrate. The Committee considers that the above provisions constitute discrimination on grounds of sex which are contrary to the principle of equality of opportunity and treatment for men and women workers in employment and occupation, as set out in the Convention. In this regard, the Committee welcomes the Government’s statement that these provisions, being contrary to the Constitution, are null and void and that the modification of these texts was under way. The Committee requests the Government to provide information on the steps taken to bring the abovementioned provisions into conformity with the Convention and to provide the amended texts, as soon as possible.

Discrimination based on race or ethnic origin. In response to the Committee’s comments regarding the socio-economic situation of the Batwa, a minority indigenous group, and discrimination faced by the Batwa in employment and occupation, the Government refers to article 51 of the Constitution under which the State has the obligation to ensure and promote the peaceful and harmonious coexistence of all ethnic groups of the country. In addition, article 51 requires the State to ensure the protection and promotion of vulnerable groups and minorities. The Committee also notes that the United Nations Committee on the Elimination of Racial Discrimination, in its concluding observations of 17 August 2007, expressed concern that pygmies (Bambuti, Batwa and Bacwa) are subjected to marginalization and discrimination with regard to the enjoyment of their economic, social and cultural rights, in particular their access to education, health and the labour market, and also that the rights of pygmies to own, exploit, control and use their lands, their resources and communal territories – which are the basis for the exercise
of their traditional occupations and livelihood activities – are not guaranteed (CERD/C/COD/CO/15, 17 August 2007, paragraphs 18 and 19). The Committee urges the Government to take measures with a view to ensuring equality of opportunity and treatment of the Bambuti, Batwa and Bacwa in employment and occupation, and to indicate the steps taken in this regard. In this context, the Government is also requested to indicate the measures taken to ensure that these indigenous groups enjoy their right to engage in their traditional occupations and livelihoods without discrimination.

The Committee is raising other points 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.