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

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

Sexual harassment. The Committee notes that section 174(a) of Act No. 06/018 of 20 July 2006, amending and supplementing the Decree of 30 January 1940 issuing the Congolese Penal Code regarding sexual harassment, establishes a sentence from one to 12 years penal servitude or a fine of 50,000 to 100,000 Congolese francs (CDF), or both, for those who have engaged in “persistent behaviour towards others, through words, actions, either by giving orders or making threats, or imposing constraints, either by means of severe pressure or abuse of a position of authority, with the objective of obtaining favours of a sexual nature”. While welcoming the adoption of penal provisions addressing sexual harassment, the Committee wishes to draw the Government’s attention to the fact that, in most cases, criminal prosecution is not sufficient to eliminate sexual harassment in view of its sensitive nature and the difficulty of providing proof, in particular if there are no witnesses, which is often the case. Moreover, the Committee notes that, in line with the definition in Ministerial Order No. 12/CAB-MIN/TPS/114/2005 of 26 October 2005 prohibiting sexual or moral harassment in the performance of a work contract, the definition of harassment in Act No. 06/018 of 20 July 2006 only covers behaviour of the nature of quid pro quo harassment and not behaviour which results in the creation of an intimidating, hostile or humiliating work environment for a person, whether or not this behaviour is intended to obtain sexual favours. Noting the Government’s indication that it will examine the possibility of revising the Order to respond to the Committee’s concerns, the Committee strongly encourages the Government to take the necessary measures to add to the definition of sexual harassment, as it appears in the Order of 2005 and in the Penal Code, behaviour which has the effect of creating a hostile, intimidating or offensive working environment for a person. The Committee requests the Government to supply information on the application of these provisions in practice, with an indication of the applicable rules of evidence and of whether cases of sexual harassment have been dealt with by labour inspectors or the courts and, where applicable, their outcome. Please also supply information on the measures taken at the national level, such as awareness campaigns, and at the business level, particularly in enterprise rules or collective agreements, to combat sexual harassment.

Maternity leave in the public service. The Government indicates that section 25(2) of Act No. 81/003 of 17 July 1981 issuing the conditions of service of career members of the state public service under which a female employee who has taken maternity leave can no longer during the same year, assert her right to full annual leave, has been amended in the draft of the new conditions of service. However, noting that the new conditions of service of employees in the public administration has still not been adopted, the Committee trusts that it will be adopted in the near future in order to abolish all discrimination based on sex in respect of leave in the public service.

Article 2. National policy to promote gender equality. The Committee notes the measures taken by the Government to promote equality of opportunity and treatment between men and women, in particular the adoption of the National Gender Policy in 2009 and its plan of action, the establishment of focal points and gender networks in administrations and private businesses, awareness campaigns on the education of girls and the quotas established for the recruitment of judges (25 per cent of women). With regard to the “National Gender Policy”, the Committee notes that it draws up an assessment of inequalities between men and women in numerous fields and that its main objective is to “establish an institutional, socio-cultural, legal and economic environment conducive to gender equity and equality of access of men and women, boys and girls to the resources of society”. The Committee observes that the Policy is accompanied by a National Plan of Action, which was validated in 2010, and which includes a very complete series of measures to promote equality between men and women in the family, the community, the economy and in decision-making. The Committee requests the Government to supply detailed information on the implementation of the National Gender Policy and its plan of action, and particularly on the application of measures to strengthen the participation of women in all fields, including education and vocational training, and their access to means of production and economic opportunities, as well as the action taken to combat prejudices and stereotypes regarding the roles of men and women in work and, more generally, in society. The Committee also requests the Government to supply information on any evaluation of the measures implemented and the results obtained. The Committee once again requests the Government to supply statistics or other information on the participation of men and women in employment in the public and private sectors and the informal economy, including the proportion of women in positions of responsibility.

Article 5. Special measures of protection for women. The Committee notes that the Government intends to take measures so that women are not discriminated against when issuing the order determining the list of occupations from which they will be prohibited pursuant to section 128 of the Labour Code. The Committee requests the Government to take the necessary measures to ensure that measures of protection for women are strictly limited to the protection of maternity and do not exclude women from certain types of work or employment on the basis of prejudices concerning their professional capacities and their role in society.