Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

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

Article 1(1)(a) of the Convention. Discrimination on the basis of sex. Sexual harassment. The Committee recalls that the definitions of sexual harassment 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, and in section 174(d) of Act No. 06/018 of 20 July 2006, amending and supplementing the Decree of 30 January 1940 issuing the Congolese Penal Code, do not cover all forms of sexual harassment. These definitions cover quid pro quo sexual harassment but do not encompass or penalize behaviour which results in the creation of an intimidating, hostile or humiliating work environment for a person, on account of words or acts of a sexual nature. The Committee notes the Government’s general indication in its report that the trade unions organize worker education in enterprises to raise workers’ awareness of their rights and obligations in the performance of their employment contracts. In order to prohibit and penalize all forms of sexual harassment in employment and occupation, the Committee asks the Government to add to the definitions of sexual harassment, as they appear in the Ministerial Order of 2005 and in the Penal Code, behaviour or remarks having sexual connotations which result in the creation of a hostile, intimidating or offensive working environment for a person. The Committee once again asks 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. The Committee also asks the Government to take steps at the national level, such as awareness-raising campaigns and provision of information in the media, to combat sexual harassment, and to encourage enterprises to take steps to combat sexual harassment, particularly through internal company regulations.

Article 2. Gender equality. Access to education and vocational training. The Committee notes with interest that Act No. 15/013 of 1 August 2015, on the implementation of women’s rights and gender parity, explicitly prescribes equal opportunities in term of access to education and training and establishes the obligation for the Government to implement specific programmes: (i) to encourage parity between boys and girls in terms of schooling; (ii) to provide guidance for girls in relation to all branches of education; (iii) to significantly reduce the gender literacy gap; (iv) to cater for out-of-school children of both sexes through special programmes, apprenticeships and vocational training; (v) to cover the cost of training and education for girls and boys from underprivileged families; and (vi) to enable young mothers or mothers-to-be to continue their schooling. The Committee recalls the importance of providing girls and boys with equal access to education and training, by adopting specific measures to encourage girls to go to school or return to school so that they can broaden their occupational choices and in particular have access to jobs with career prospects, better remuneration and responsibilities. The Committee asks the Government to provide information on the measures adopted and implemented pursuant to Act No. 15/013 of 1 August 2015 on the implementation of women’s rights and gender parity, in the fields of education and training, indicating their results in terms of schooling and vocational guidance for girls.

National policy on gender equality. The Committee recalls that in 2009 the Government adopted the national gender policy and in 2010 validated its action plan, which includes a comprehensive set of measures to promote equality between men and women within the family, the community and the economy, and in decision making. The Committee notes that, according to the detailed statistics provided by the Government, the rate of employment for women in the non-agricultural sector is approximately 17 per cent; in primary education approximately 28 per cent; in higher education approximately 8 per cent; in the judiciary approximately 19.5 per cent; in the armed forces approximately 2.1 per cent; in the police approximately 5.3 per cent; and in the Government approximately 14.5 per cent. The Committee welcomes the provisions of Act No. 15/013, which stipulate that “economic development policies and programmes must be formulated and implemented with account taken of gender parity and must ensure equal access for all to resources and resulting benefits” (section 7). The Act also provides that the right of women to engage in private enterprise is guaranteed by the State and the latter shall promote access to savings, credit, diversity of opportunities and new technologies without any gender discrimination (section 8). Moreover, the Committee notes that the United Nations (UN) Human Rights Committee, in its recent concluding observations, expressed concern at the low representation of women in political and public life, including at the highest levels of government and in the judicial system, and at the persistence of gender stereotypes and the application of rules of customary law that perpetuate discrimination and certain traditions that are harmful to women. The Human Rights Committee also called on the Government “to take steps to eliminate gender discrimination and, in particular, to take all necessary measures to increase women’s participation in public life, in particular their representation at the highest levels of government and in the judicial system” (CCPR/C/COD/CO/4, 30 November 2017, paragraphs 15 and 16). Referring to the paragraph of its observation concerning discrimination on the basis of sex and in view of the low rate of employment of women in the non-agricultural sector in general and their very low representation in certain sectors, the Committee asks the Government to provide detailed information on the measures adopted pursuant to Act No. 15/013 and otherwise, for example in context of the national gender policy and action plan, to promote equality of opportunity and treatment between men and women, at all stages of employment and occupation, including through access to resources. The Government is also asked to provide information on the impact of any such measures. In order to evaluate the results of equality policies and measures adopted by the Government, the Committee also asks that the Government continue to supply up-to-date statistical data, disaggregated by sex and by branch of activity, on the employment of men and women in both the public and private sectors, including agriculture.

Article 5. Positive measures in favour of women’s employment. Taking account of the statistical data on women’s employment referred to above, the Committee notes with satisfaction the provisions of Act No. 15/013 which provide for: (i) the possibility of adopting positive measures to rectify existing inequalities and ensure the implementation of gender parity (section 36); and (ii) the adoption by the State of incentives for the benefit of employers who recruit women to rectify existing inequalities and who adopt policies enabling a better work–life balance such as variable and flexible working hours, full or part-time employment, and other conditions of work and social security (section 22). The Committee also notes that measures must be taken to encourage access for women and for their promotion within the judiciary, the armed forces, the national police service and the security services (section 27), and to promote the participation of women in decision-making bodies in the private sector (section 7). The Committee asks the Government to identify the measures adopted pursuant to these provisions of Act No. 15/013, in particular incentives for employers recruiting women, and to provide information on the results achieved in terms of women’s access to employment and occupation, particularly within the judiciary, the armed forces, the national police service and the security services.

Special protection measures for women The Committee notes with interest the amendment to section 129 of the Labour Code, further to the adoption of Act No. 16/010 of 15 July 2016 amending and supplementing Act No. 015-2002 issuing the Labour Code, according to which any pregnant woman whose pregnancy results in health risks which have been duly certified by a doctor may suspend her employment contract without this constituting a resignation, as was also previously the case. She may also terminate her contract without giving notice and without entitlement to severance pay. The Committee observes that the opportunity to suspend the employment contract allows for a subsequent return to work. The Committee notes that the prohibition on night work for women was abolished through Act No. 16/010 (new section 125), in accordance with the principle of equal treatment for men and women. In this regard, the Committee notes the Government’s indication, in its report on the application of the Equal Remuneration Convention, 1951 (No. 100), that Order No. 68/13 of 17 May 1968 establishing the conditions of work of women and children is still in force. This Order contains provisions relating to the prohibition and restriction of night work for women (Chapter II) and establishes the list of types of work prohibited for women (Chapter III). The Committee recalls that in its 2012 General Survey (paragraphs 838–840), it emphasises the distinction to be drawn between special measures to protect maternity (in the strict sense), which come within the scope of Article 5 of the Convention, and measures based on stereotypical perceptions of women’s capabilities and their role in society, which are contrary to the principle of equality of opportunity and treatment. Provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health. As regards the restrictions applicable to work done by women, the Committee asks the Government to review the relevant provisions of the Order of 1968 in the light of the principle of gender equality and advances in technology, in order to ensure that any protective measures 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 stereotypes concerning their professional abilities and their role in society. In this regard, the Committee encourages the Government to consider what measures may be necessary to ensure that women can work on an equal footing to men, for example by improving health protection for men and women, providing adequate and safe transport facilities and establishing social services.