Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Gabon (Ratification: 1961)

Articles 1(1)(a) and 3(c) of the Convention. Discrimination on the basis of sex. Legislation. The Committee recalls that it has been emphasizing since 2005 that certain provisions of the Civil Code (section 253, under the terms of which the husband is the head of family; section 254, under which the husband determines the place of family residence; and section 261 respecting the exercise of an occupation by the wife) by their nature, limit the freedom of women to work and can result in discrimination in employment and occupation. In its most recent comments (in 2013), the Committee noted that two Bills to repeal and replace the Civil Code (Act No. 19/89 of 30 December 1989) had been submitted to Parliament and it expressed the firm hope that the provisions of the Civil Code that have a discriminatory effect on women would be repealed in the near future. With reference to paragraph 787 of its General Survey on the fundamental Conventions, 2012, the Committee recalls that the laws governing personal and family relations which do not yet provide for equal rights of men and women also continue to have an impact on the enjoyment of equality with respect to work and employment. Distinctions based on civil status, marital status, or more specifically family situation (particularly with regard to responsibilities for dependent persons), are contrary to the Convention when they have the effect of imposing a requirement or condition on an individual of a particular sex that would not be imposed on an individual of the other sex. It also recalls that the protection provided by the Convention against discrimination applies equally to either sex, and the adoption of national legislation which ensures equal rights and responsibilities for men and women is an important step in the pursuit of equality in society. The Committee observes that the Government states that the draft revised versions of the Civil Code and the Labour Code are still before Parliament and have not yet been adopted. The Committee also notes that the Government’s report does not contain any information on the content of the draft revised version of the Labour Code. The Committee asks the Government to take the necessary steps to ensure that the provisions of the Civil Code that have a discriminatory impact on women’s employment are repealed in the near future and to provide a copy of the amended Civil Code. Regarding night work by women, as regulated by sections 167 and 169 of the Labour Code, the Committee asks the Government as part of the revision of the Labour Code which has been in progress for a number of years, to critically review these provisions in the light of the principle of equality of opportunity and treatment for men and women, while examining whether measures need to be adopted for the security of the workers and the development of adequate means of transport.

Article 1(1)(a). Sexual harassment. The Committee notes that the Government’s report merely states that the Government will send copies of the legislative standards that will be adopted to give effect to the law. The Committee notes that the Government, in its replies to the questions concerning its report to the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), indicates that the draft revised version of the Labour Code contains provisions defining sexual harassment as subjecting a person at work or in the workplace to pressure or verbal, physical or moral violence for one’s personal satisfaction or to gain a sexual favour for oneself or for a third party (CEDAW/C/GAB/Q/6/Add.1, 30 January 2015, paragraph 13). The Committee observes that this definition is too restrictive to cover the full range of behaviour that constitutes sexual harassment since it omits conduct or remarks that create an intimidating, hostile or offensive work environment (see General Survey, 2012, paragraphs 789–794). The Committee trusts that the draft revised version of the Labour Code will be adopted soon and asks the Government to take the necessary steps to ensure that the provisions relating to sexual harassment define and explicitly prohibit both quid pro quo and hostile work environment sexual harassment. It also asks the Government to take practical steps to raise awareness of the issue of sexual harassment among workers, employers and their respective organizations, and also among labour inspectors, lawyers and magistrates, including through the production and dissemination of information and advisory leaflets and radio or TV programmes, or through campaigns or information meetings. The Committee asks the Government to specify any steps taken towards this end.

Discrimination on the basis of national extraction, race, colour or religion. The Committee notes the Government’s undertaking to remain vigilant in the implementation of the “Gabonization” employment policy, so that this policy “does not overstep international standards”. Recalling the risk of discriminatory practices based on national extraction, race, colour or religion in the context of the implementation of such a policy, the Committee asks the Government to periodically review its impact on the hiring or dismissal of Gabonese nationals who, on account of their foreign origin, race, colour or religion, might be treated as non-nationals. The Committee also asks the Government to provide data on the number of jobs affected each year by the policy of the “Gabonization” of employment.

Article 2. National policy on equality. Equality of opportunity and treatment for men and women in employment and occupation. The Committee notes with regret that the Government’s report does not contain any information on the implementation of the National Equality and Gender Equity Strategy, adopted in 2010, or on any measures to promote gender equality. However, the Committee recalls that the strategy document contained an analysis of gender inequalities and disparities, according to which women were poorer, at greater risk of unemployment, less educated and less well-trained than men, faced problems in terms of access to land, means of production and credit, and were unaware of their rights. The Committee also notes that CEDAW, in its concluding observations, expressed concern “at the persistence of adverse cultural norms, practices and traditions and patriarchal attitudes and deep-rooted stereotypes regarding the roles, responsibilities and identities of women and men in the family and society” (CEDAW/C/GAB/CO/6, 11 March 2015, paragraph 20). The Committee has also learned that the Government has approved a proposal to create the “Women Business Center”, a platform wholly dedicated to women entrepreneurs. The Committee asks the Government to take steps to promote equality of opportunity and treatment for men and women in employment and occupation, including by effectively combating stereotypes regarding women’s aspirations, preferences and capabilities and their role in society and enabling them to have access to a wider range of jobs and occupations, through vocational guidance and training which are free from gender bias. The Committee asks the Government to provide information on the steps taken and their results and also on the activities of the Ministry of Equal Opportunities in relation to this matter. Lastly, the Committee asks the Government once again to take steps in the near future to resolve the difficulties that women face in gaining access to resources and the means of production, particularly credit and land, and to encourage women’s entrepreneurship. The Committee asks the Government to provide information on all steps taken in this respect.