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

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

Articles 1 and 2 of the Convention. Protection of workers against discrimination on all grounds covered by the Convention in all aspects of employment and occupation. Legislation. Public and private sectors. In its previous comments, the Committee had noted that the provisions relating to discrimination included in Act No. 16/013 of 15 July 2016 issuing the staff regulations for state civil servants (hereinafter, Act No. 16/013), and the Labour Code (sections 62, 128 and 234), neither defined nor prohibited all the forms of discrimination in employment and occupation on the basis of all the grounds set out in the Convention. The Committee notes the Government’s indication in its report that the question of defining discrimination in the legislation will be placed before the National Labour Council for discussion. The Committee again requests the Government to take the necessary measures to ensure that a definition of direct and indirect discrimination, based as a minimum on all the grounds set out in the Convention and covering all aspects of employment and occupation, is included in the legislation applicable to the public and private sectors.

Article 1(1)(a) and 3(d). Discrimination based on sex. Leave in the civil service. The Committee notes with regret that, since 2007, it has been requesting the Government to take the necessary measures to modify section 30 of Act No. 16/013, under which women public officials who have taken maternity leave cannot claim their right to full paid annual leave during the same year. The Committee notes the Government’s indication that the issue will be discussed with the trade unions in a joint committee. The Committee requests the Government to indicate whether: (i) the question of the incompatibility of section 30 of Act No. 16/013 with the Convention has been discussed by the joint committee; and (ii) measures were adopted to modify the section.

Discrimination based on race or ethnic origin. Indigenous peoples. Having highlighted on numerous occasions the marginalization of indigenous “pygmy” peoples, the Committee requested the Government to take measures without delay to bring an end to the discrimination that they face in employment and occupation. The Committee notes that the Government has not provided information on possible measures adopted in this regard. The Government indicates, as it has in previous reports, that a Bill to promote and protect the rights of indigenous pygmy peoples is passing through Parliament. The Committee notes in that respect that the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) recently observed that the Bill for the protection of indigenous peoples had been pending before Parliament since 2014 and that women members of the pygmy peoples continued to face multiple forms of discrimination (CEDAW/C/COD/CO/8, 6 August 2019, paragraph 44). The Committee once again requests the Government to take measures as quickly as possible to bring an end to discrimination against men and women workers belonging to the indigenous pygmy peoples. In more precise terms, the Committee requests the Government to take measures, such as training for labour inspectors and employers, the provision of education materials for the public and other awareness-raising measures to: (i) combat prejudices and stereotypes of which indigenous peoples are victims; (ii) combat discrimination relating to their working conditions (including remuneration); and (iii) allow indigenous peoples access to all levels of education and vocational training, employment and other resources which enable them to carry out their traditional and subsistence activities, including land. The Committee also requests the Government to provide information on any developments in respect of the Bill for the protection of indigenous peoples.

General observation of 2018. More generally, with regard to the points raised above, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests it to provide information in response to the questions raised in that observation.

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