Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Equal Remuneration Convention, 1951 (No. 100) - Guinea-Bissau (Ratification: 1977)

The Committee takes note of the Government’s report.

Article 1 of the Convention. Equal remuneration for men and women for work of equal value. Legislation. The Committee previously noted that, while section 156(3) of the General Labour Act provides for the right to equal pay for equal work, the principle of equal remuneration for men and women for work of equal value set out in the Convention had been included in the draft new Labour Act, as well as in the draft Uniform Labour Act of the Organization for the Harmonization of Business Law in Africa (OHADA), which is intended to have direct force of law in Guinea-Bissau once it is adopted. The Committee notes the Government’s indication, in its reports, that: (1) a request was made to place the draft new Labour Act on the agenda of the People’s National Assembly; and (2) the draft Uniform Labour Act of OHADA has not been adopted yet as a result of disagreements expressed by OHADA Members States, some provisions of the draft Uniform Labour Act being incompatible with their national legislation. It further notes that in July 2019, the Economic Community of West African States (ECOWAS) Ministers adopted a draft Directive of Minimum Standards towards Harmonization of Labour Laws in ECOWAS Members States, elaborated in collaboration with the ILO. While aware of the difficulties facing the country, the Committee urges the Government to take concrete legislative steps in the near future so as to ensure that any new legislation will fully reflect the principle of the Convention of equal remuneration for men and women for work of equal value, in order to cover not only situations where men and women are performing the same or similar work but also situations where they carry out work that is of an entirely different nature but is nevertheless of equal value. It asks the Government to report on any progress made in this regard, in particular concerning the adoption of the draft new Labour Act, the draft Uniform Labour Act of OHADA, and the draft Directive of Minimum Standards towards Harmonization of Labour Laws of ECOWAS. The Committee again asks the Government to forward a copy of the new Public Servants Statute which was awaiting promulgation according to the Government’s previous report.

Article 2. Promotion of gender equality. Addressing the gender pay gap. Referring to its previous comments where it asked the Government to take proactive steps to promote and facilitate the application of the provisions of the Convention in practice, including through public information campaigns and awareness-raising initiatives, the Committee notes the Government’s statement that the Convention is awaiting implementation and that more actions will be needed in practice to really implement the principle of the Convention, including with the assistance of the ILO. The Committee notes that, according to the United Nations Development Programme (UNDP), the participation rate of women in the labour market has slightly increased since 2013 (67.3 per cent in 2019 compared to 66.5 per cent in 2013), but still remains substantially lower than that of men (78.9 per cent in 2019). It takes note of the adoption of the Second National Policy for the Promotion of Gender Equality and Equity (PNIEG II) in 2016, which acknowledges the lack of access of women to higher education and vocational training, and women tending to be concentrated in areas performing specific duties that do not involve decision-making nor good remuneration, such as in the tourism and hotel sector. It notes that the PNIEG II provides for combating gender-based stereotypes by ensuring greater access of women to decision-making positions and entrepreneurship (pp. 54 and 57). The Committee notes that, as recently highlighted in the context of the Universal Periodic Review, compared with men, women have reduced incomes, higher rates of unemployment, and greater difficulties in overcoming poverty (A/HRC/WG.6/35/GNB/2, 4 November 2019, paragraph 60 and A/HRC/29/31/Add.1, 1 April 2015, paragraphs 30 and 37). While acknowledging the financial constraints faced by the country and in light of the persistent gender stereotypes that shape the roles and responsibilities of women and men in all spheres of life, the Committee urges the Government to ensure the effective implementation of the Second National Policy for the Promotion of Gender Equality and Equity, in order to address the gender pay gap by identifying and addressing its underlying causes (such as stereotypes regarding women’s professional aspirations, preferences and capabilities, and their role in the family) and by promoting women’s access to a wider range of jobs with career prospects and higher pay. It asks the Government to report on the concrete actions and programmes implemented to raise awareness, make assessments, and promote and enforce the application of the principle of equal remuneration for men and women for work of equal value. The Committee recalls that the Government can avail itself of the technical assistance of the Office in this regard.

The Committee is raising other matters in a request addressed directly to the Government.