Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Equal Remuneration Convention, 1951 (No. 100) - Equatorial Guinea (Ratification: 1985)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2023, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Articles 1 to 4 of the Convention. Gender pay gap and occupational segregation. In its previous comment, the Committee recalled that wage discrimination between men and women often arises from the concentration and segregation of women in a limited number of occupations and economic sectors, and requested the Government to provide information on progress made in implementing measures to address vertical and horizontal occupational segregation. The Committee notes that strategic objective 5 “Decent work and social inclusion of vulnerable groups” of the National Plan for Economic and Social Development 2016–2020 (“Plan Horizonte 2020”) provides for the adoption of measures to promote productive employment and entrepreneurship of women, including equal access to resources, the elimination of occupational segregation and other forms of discrimination in employment. The Committee also observes that the United Nations Development Assistance Framework for Equatorial Guinea (UNDAF 2019–2023) includes, under its section 3, outcome 2.2 regarding equitable access to employment opportunities for vulnerable groups. However, the Committee also notes that, in its concluding observations, the United Nations Human Rights Committee expressed its concern at the persistence of traditional gender stereotypes regarding the roles of women and men in the family and in society and at the low level of women’s representation in political and public life (CCPR/C/GNQ/CO/1, 22 August 2019, paragraphs 28 and 29). The Committee requests the Government to provide information on the measures adopted in the framework of the “Plan Horizonte 2020” and UNDAF 2019 – 2023 to address the causes of the gender wage gap, including occupational segregation and gender stereotypes, and on the results achieved.

Articles 2 and 3. Determining rates of remuneration. In its previous comments, the Committee requested the Government to provide information on the manner in which it ensured that no sex-stereotypes regarding the value of particular jobs are introduced in the determination of coefficients and job descriptions. In this regard, the Committee recalls that historical attitudes towards the role of women in society, along with stereotypical assumptions regarding women’s aspirations, preferences and capabilities and “suitability” for certain jobs, have resulted in the undervaluation of “female jobs” in comparison with those of men when determining wage rates. Therefore, whatever methods are used for the objective evaluation of jobs, particular care must be taken to ensure that they are free from gender bias: it is important to ensure that the selection of factors for comparison, the weighting of such factors and the actual comparison carried out are not discriminatory, either directly or indirectly. Often skills considered to be “female”, such as manual dexterity and those required in the caring professions, are undervalued or even overlooked, in comparison with traditionally “male” skills, such as heavy lifting (see General Survey on the fundamental Conventions, 2012, paragraphs 697 and 701).The Committee requests the Government to provide information on the measures taken or envisaged to ensure that, in determining wages, wage scales and job descriptions, objective criteria are applied, free from gender stereotyping.

Article 4. Cooperation with employers’ and workers’ organizations. The Committee requests the Government to provide information on the measures adopted to collaborate with the social partners in implementing the principle of the Convention, including measures regarding consultations carried out in the consultative wage councils.

Enforcement. The Committee notes the Government’s indication in its 2019 Universal Periodic Review report that: (1) monitoring and follow-up are ensured both by the Ministry of Labour and by the National Social Security Institute in respect of equal remuneration; (2) violations of equality at work are penalized as a breach by the employer; and (3) in 2015 the Commission for the Implementation and Monitoring of National Employment Policy, holding joint responsibility with the decentralized employment offices for monitoring compliance with equality policies, was established.The Committee requests the Government to provide information on the measures adopted by the Commission for the Implementation and Monitoring of the National Employment Policy to ensure compliance with equality measures and policies pertinent to the application of the principle of the Convention. The Committee also requests the Government to provide information on all concrete cases detected of violations of the principle of equal pay for men and women for work of equal value, the penalties imposed and remedies granted.

Statistics. The Committee recalls that the collection and analysis of statistics is an important aspect of monitoring implementation of the Convention. In order to be able to address discrimination and unequal pay appropriately, and to determine if measures taken are having a positive impact, data and research on the actual situation, including the underlying causes, are essential (General Survey, 2012, paragraph 869).The Committee once again requests the Government to provide up-to-date statistical information on the distribution of men and women in the various wage levels and occupational categories in both the public and private sectors, in order to permit an evaluation of the progress made in the application of the Convention.