Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Equal Remuneration Convention, 1951 (No. 100) - Sao Tome and Principe (Ratification: 1982)

For a number of years the Committee has been requesting the Government to reply to questions initially raised in its 2007 direct request. While taking due note of the Government’s report submitted this year, the Committee is bound to point out that the report is identical to the one provided six years ago and does not enable the Committee to assess the extent to which the principle of equal remuneration for work of equal value is applied in practice. It notes, however, that Sao Tome and Principe participated in the ILO Workshop on International Labour Standards and Constitutional Obligations held in September 2013, in Lisbon. The workshop aimed at strengthening the capacity of governments as well as workers’ and employers’ organizations with regard to reporting and legislative requirements under articles 19 and 22 of the ILO Constitution. The Committee welcomes the Government’s participation in the event and hopes that the assistance provided by the Office will offer additional guidance in the elaboration of the Government’s next report. It hopes that the report will contain full information on the following matters.

Repetition

Legislation. The Committee notes from the Government’s report that a draft General Labour Act has been prepared and submitted to the National Assembly. However, due to a change of Government, it was unlikely that the legislation would be adopted very soon. The Committee recalls its previous comments in which it noted that the provisions of the Constitution do not fully reflect the Convention’s principle as they refer to equal wages for “equal work” rather than “work of equal value”. Hence, the need to take further legislative action to ensure full compliance with the Convention. The Committee recalls its 2006 general observation, stressing the importance of giving full legislative expression to the principle of the Convention, providing not only for equal remuneration for equal, the same or similar work, but also prohibiting pay discrimination that occurs in situations where men and women perform different work that is nevertheless of equal value (paragraph 6). The Committee, therefore, urges the Government to ensure that the future General Labour Act explicitly provides for the right of men and women to receive equal remuneration for work of equal value, in accordance with the Convention, and to indicate any progress made in this regard. The Committee also reminds the Government that ILO technical assistance is available and asks the Government to consider forwarding a copy of the draft legislation to the Office for its review.

Cooperation with workers’ and employers’ organizations. The Committee recalls the important role of workers’ and employers’ organizations with respect to giving effect to the provisions of the Convention. It therefore asks the Government to seek the cooperation of these organizations with regard to the establishment of an appropriate legislative framework to apply the Convention, as indicated above, as well as with regard to practical measures to ensure equal remuneration for men and women for work of equal value. Please keep the Committee informed of progress made in this regard.

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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.