Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

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

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Article 1 of the Convention. Sexual harassment. In its previous comments, the Committee noted that, while no specific provisions address the issue of sexual harassment in national legislation, the adoption of the draft Uniform Labour Act of the Organization for the Harmonization of Business Law in Africa (OHADA) would fill the existing legislative gap. Acknowledging that the mentioned Act has not yet been adopted, the Committee notes the Government’s efforts to raise workers’ awareness of the subject, as well as of their rights and appropriate complaints mechanisms. The Committee asks the Government to continue to provide information on the status of the adoption of the draft Uniform Labour Act of OHADA. The Committee also encourages the Government to continue to take steps to prevent and address sexual harassment in employment and occupation and asks the Government to provide information in this regard, including with respect to raising awareness of men and women workers, employers and their organizations of their respective rights and duties.

Articles 2 and 3. National equality policy and measures to promote equality. The Committee previously noted the Government’s indication that a Law on the National Policy on Gender Equality was being elaborated. The Committee also notes the Government’s statement that economic difficulties continue to hinder the development and implementation of specific programmes relating to non-discrimination and equality. While acknowledging the economic constraints faced by the country, the Committee recalls that awareness-raising and educational measures are essential in addressing prejudices and stereotypes regarding the professional abilities and aspirations of certain groups that lead to exclusion and discrimination in society and in the labour market (see General Survey of 2012, paragraph 865). Such exclusion and discrimination may be exacerbated in times of economic downturn, making the national equality policy, including educational awareness and promotion, essential. In light of the above, the Committee trusts that the Law on the National Policy on Gender Equality will soon be adopted, and asks the Government to take proactive steps to implement a comprehensive policy to promote equality and non-discrimination in all aspects of employment and occupation, and with respect to all the grounds covered by the Convention, including enhancing public understanding and knowledge of the principle of the Convention. Please provide information in future reports on the progress made in this regard.

Access to vocational training and education. In response to its previous request for information on measures taken to encourage access of girls and women to training courses in which they are under-represented, the Committee notes the Governments’ repeated indication that access to technical and professional training is equally available to men and women. The Committee also notes the Government’s reference to a national programme to ensure access to basic education. The Committee requests the Government to provide information on the participation of girls and boys respectively in primary and secondary education, and on any initiatives undertaken to encourage the equal participation of girls and women in education and vocational training.

Enforcement. With reference to its previous comments and to the comments submitted by the National Union of Workers from Guinea (UNTG) of 30 August 2011, which highlight the need to strengthen the capacity of labour inspectorates, the Committee notes the Government’s information on training activities carried out at national and international levels. The Committee also notes the Government’s reference in its report under the Equal Remuneration Convention, 1951 (No.100) to the new regional labour inspectorates established in the towns of Bafatá, Bula and Buba, covering the Eastern, Northern and Southern regions of the country. The Committee asks the Government to provide information on any specific activities carried out in order to assist labour inspectors in better identifying and addressing issues of discrimination in employment and occupation. The Committee also asks the Government to provide information on the practical application of sections 24(d), 155 and 156 of the Labour Law, including any judicial or administrative decisions addressing discrimination in employment and occupation, as well as any violations of the principle reported to or detected by labour inspectors.

Statistics. Noting again the absence of statistical data, disaggregated by sex or on other grounds, that may assist in assessing the progress made in giving effect to the Convention, the Committee encourages the Government to make every effort to collect and supply comprehensive data on employment and occupation of men and women in the various sectors. The Committee also asks the Government to provide statistical information on the participation of men and women in the various vocational training courses offered, as well as statistics on the number of men and women that have filled vacancies following such training, including for jobs traditionally held by the other sex.