Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Guinea-Bissau (Ratification: 1977)

Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee notes that the new Labour Code (Act No. 7/2022): (i) prohibits the employer, in the context of the employment relationship, from carrying out acts or adopting behaviour during access to employment, in the employment itself, the work or vocational training, in verbal, non-verbal or physical form, which are undesirable or which go against the sexual freedom of the worker (section 8.1(b)); and (ii) provides that workers have fundamental rights, the content and scope of which are laid down by law, collective agreement or employment contract, such as being treated with respect and consideration or being protected against verbal or physical injury or injury of a sexual nature (section 48.1(l)).

The Committee notes that these provisions do not set forth a definition of sexual harassment, which expressly includes quid pro quo harassment and hostile environment harassment. Without a clear definition of sexual harassment in employment and occupation, it remains doubtful whether the legislation effectively addresses all its forms and effects (see the General Survey of 2023 on achieving gender equality at work, paragraphs 111 and 113). The Committee recalls that sexual harassment is a serious manifestation of sex discrimination and must therefore be addressed within the framework of the Convention and highlights the importance of taking effective measures to prevent and prohibit sexual harassment at work in both these forms. Furthermore, it emphasizes that the scope of liability in the case of sexual harassment should definitely include employers but also cover supervisors and co-workers and, where possible, clients of other persons met in connection with the performance of work duties, such as providers, subcontractors or patients (2002 General Observation on sexual harassment). In 2021, the Economic Community of West African States (ECOWAS) adopted: (i) the regional strategy for the prevention of and response to gender-based violence, based on the development, implementation and strengthening of the relevant laws and policies on gender-based sexual violence at the regional and national level; and (ii) the ECOWAS policy on the prevention and response to sexual harassment in the workplace and in educational establishments, which proposes a framework for action to eradicate sexual harassment in the region containing guiding principles of zero tolerance of sexual harassment in the workplace and in educational establishments of the region, as well as the official approval and adoption of this policy as a tool to reduce sexual harassment in the workplace and in educational establishments. Furthermore, the Committee notes that the draft uniform labour Act of the Organisation for the Harmonisation of Business Law in Africa (OHADA), setting out provisions on sexual harassment in the workplace, which will have direct force of law in Guinea-Bissau once adopted, has still not been adopted. Lastly, in its first voluntary national review in 2022 on the implementation of the report on the Sustainable Development Goals, the Government indicates that between 19 and 28 March 2022, civil society expressed its recommendations as part of the implementation of the 2030 State Agenda, according to which, women and girls, in addition to experiencing various forms of discrimination, continue to be subjected to multiple forms of violence, such as forced and child marriage, female genital mutilation and other sexual abuse. The Committee once again requests the Government to: (i) adopt a full definition of sexual harassment in employment and occupation; and (ii) extend the liability of the employers in cases of sexual harassment to their representatives and co-workers, and to provide information on any progress made in this regard. It also requests the Government to report on: (i) progress made on the adoption of the draft uniform labour Act of the Organization for the Harmonization of Business Law in Africa (OHADA), which contains, inter alia, provisions on sexual harassment in the workplace; and (ii) measures adopted to implement the ECOWAS policy on the prevention and response to sexual harassment in the workplace and in educational establishments. In the absence of information on the measures and activities implemented by the Labour and Social Dialogue Council to prevent and address sexual harassment in employment and occupation, including for domestic workers, the Committee reiterates its request on this point.

Enforcement. In response to the Committee’s previous request concerning labour inspectors, judges and other relevant authorities to better identify and address issues of discrimination in employment and occupation, the Government indicates that inspectors have not received training for a long time. The Committee also notes that in its report on the Sustainable Development Goals, the Government acknowledges that: (i) the weak response of the judiciary, traditional justice and protection service providers relating to prevention and case management increases the lack of trust, frustration and disappointment; (ii) the low level of participation of women and girls in conflict resolution at community level, particularly in cases of gender-based violence, hinders the fight against this violence, as the mechanisms in place are managed by men; (iii) the level of training for judges, prosecutors and judiciary staff is limited due to a lack of financial resources; (iv) the functioning of the courts, particularly those in the interior of the country, is impacted by a lack of designated staff or by absenteeism, as well as by a lack of important infrastructure and equipment; and (v) judicial inspection mechanisms are not operational owing to a lack of basic financial and material resources. The Committee also notes that: (i) according to the United Nations country annual results report for Guinea Bissau, 2023, following the failed coup d’état in 2023, an unprecedented crisis led to the resignation of the president of the Supreme Court of Justice; and (ii) the United Nations Special Rapporteur on the independence of judges and lawyers stated in a press release of 14 December 2023 that “a crisis of this magnitude limits everyone’s access to justice. It may impact the possibility of appeal in both civil and penal cases, as well as other key functions of the judiciary, and it erodes safeguards in place to ensure due process and human rights protection.” While recognizing the complexity of the situation prevailing in the country, and its economic situation, the Committee requests the Government to provide information on the measures taken or envisaged to overcome the many obstacles it has identified with regard to access to justice in its report on the Sustainable Development Goals, in particular to: (i) help labour inspectors, judges and other competent authorities to better identify and address issues of discrimination in employment and occupation; and (ii) raise public awareness of the procedures and remedies available to combat discrimination in employment and occupation. The Committee also requests the Government to, where possible, provide information on any cases of discrimination dealt with by the labour inspectors, the courts or any other competent authorities, as well as the sanctions imposed and the remedies granted and, lastly, on the return to normal functioning of the judiciary.

Statistics. The Committee notes the 2023 report of the National Statistics Institute (INE) on gender-related statistics entitled Women and men in Guinea-Bissau, available on the INE website, which contains statistical data for 2017–19. This report and the Survey on Employment and the Informal Economy reveal that during this period: (i) 51.3 per cent of women and girls received no education, compared with 36.8 per cent of men and boys. Girls’ enrolment rates were lower than boys at all levels: 43.4 per cent at primary level, 4.4 per cent at secondary level, and 0.9 per cent at further education level; (ii) the unemployment rate was 6.9 per cent for women and 7.2 per cent for men; (iii) the private sector represented 85.8 per cent of employment and employed 92.3 per cent of women and 80.3 per cent of men; and (iv) the public sector represented only 12 per cent of employment and employed three times as many men (17.2 per cent) as women (5.9 per cent). The Committee also notes that during the discussions for the preparation of its report on the Sustainable Development Goals, recommendations were made to improve and strengthen the statistical system, such as the promulgation and dissemination of the basic Act on statistics, the establishment of INE focal points in various public and private institutions and civil society organizations, and even capacity-building and training for INE staff. The Committee requests the Government to keep it informed of the follow-up to the recommendations of the report on the Sustainable Development Goals with a view to strengthening the statistical system, and any progress made in collection and analysis of statistical data on women’s and men’s employment and occupation in the different sectors of the economy, disaggregated by occupational categories in both the public and the private sector, and in the informal economy.

Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

Article 1 of the Convention. Legislative protection against discrimination. The Committee notes with interest that section 8.1(a) of the new Labour Code adopted on 30 June 2021 and promulgated in 2022 (Act No. 7/2022) now mentions colour and social origin as prohibited grounds of discrimination in employment and occupation. It also notes that this section specifies that protection against discrimination extends to all aspects of the employment cycle, namely access to employment and working conditions, including pay, promotion, and suspension or termination of the employment contract. The Committee notes with regret, however, that the new Labour Code: (1) omits the grounds of national extraction and (2) does not formally prohibit direct and indirect discrimination. The Committee underscores that “national extraction” covers distinctions made on the basis of a person’s place of birth, ancestry or foreign origin often experienced by ethnic minorities, indigenous and tribal peoples, migrant workers, including migrant domestic workers, Afro-descendants, national minorities and Roma people, among others. See, in this regard, the Committee’s general observation, adopted in 2018. In addition, it recalls that when legislation is adopted to give effect to the principle of the Convention, it should at least cover all the grounds of discrimination listed in Article1(1)(a) of the Convention. The Committee recalls the definitions of direct and indirect discrimination it has previously provided: (1) direct discrimination occurs when less favourable treatment is explicitly or implicitly based on one or more prohibited grounds; while (2) indirect discrimination refers to apparently neutral situations, regulations, or practices which in fact result in unequal treatment of persons with certain characteristics. It occurs when the same condition, treatment or criterion is applied to everyone, but results in a disproportionately harsh impact on some persons on the basis of characteristics such as race, colour, sex or religion, and is not closely related to the inherent requirements of the job. For example, the exclusion from the minimum wage or from labour legislation of sectors or occupational categories in which women are in the majority could constitute indirect discrimination against women. And, for example, in recruitment, the requirement of a minimum height of more than 1.70 metres would, in practice, significantly exclude women as we know that 70 per cent of women are below this height (Article 1(2) of the Convention does, however, provide for exceptions where it is proven that such a requirement is objectively justified based on the job in question). The notion of indirect discrimination is therefore essential for identifying situations in which certain treatment is applied in the same way to everyone, but which results in discrimination against a particular group protected by the Convention (women, ethnic or religious groups, people from a certain social origin), particularly as this form of discrimination is more subtle and less visible. The Committee requests the Government to take measures to ensure that: (i) the grounds of national extraction are inserted into the Labour Code when the Code is next reviewed; and (ii) labour legislation expressly prohibits direct and indirect discrimination on the basis of at least all the grounds listed in Article 1(1)(a) of the Convention. It also requests the Government to provide information on the measures taken to raise awareness among workers, employers and their respective organizations, as well as law enforcement agents, of the new provisions of the Labour Code against discrimination.

Domestic workers. With regard to domestic workers, previously excluded from the scope of application of the Labour Code, the Committee notes that the new Labour Code now contains provisions on domestic work in sections 287 to 300, covering the minimum age for admission to employment, types of contracts, terms for payment, working hours, leave, occupational safety and health, termination of the employment contract, and so forth. However, section 21.1(a) of the new Code also stipulates that the domestic work contract is also subject to a special regime, without prejudice to the application of the general provisions of the Labour Code that are not incompatible with this regime. The Committee therefore requests the Government to provide a copy of the text specifically governing domestic workers and to indicate precisely the manner in which this dual system operates in practice in order to ensure that domestic workers are effectively protected against discrimination in employment and occupation.

Article 1(1)(b). Additional grounds of discrimination. The Committee notes with interest that new prohibited grounds of discrimination in employment and occupation have been introduced into the new Labour Code, namely, culture and disability (physical, mental or sensory). While welcoming this legislative progress, the Committee requests the Government to: (i) clarify exactly what is understood as discrimination on the basis of culture in the Labour Code; (ii) take specific measures to inform workers, employers and their respective organizations, as well as administrations, labour inspectors and magistrates, of these new grounds of discrimination; and (iii) provide information on the measures adopted to this end and on any complaints relating to the application of the above-mentioned Act and, where relevant, on any administrative or judicial decisions.

Articles 2 and 3. Equality of opportunity and treatment for men and women. The Committee notes that, according to the report of the National Statistics Institute (INE) on gender statistics of 2023, entitled Women and Men in Guinea-Bissau, available on the INE website, the quota of 36 per cent set by Act No. 4/2018 on gender parity has not been reached. Thus, women’s representation in Parliament between 2019 and 2022 was 14 per cent (out of 102 deputies); and was 21.9 per cent in the Government (of the 32 portfolios, seven were held by women) as at 30 November 2023. With regard to the “Terra Ranka” Strategic and Operational Plan 2015–2020, the Committee notes that it has been updated by the “Hora Tchiga” National Development Plan 2020–2023, the main pillars of which were the reduction of poverty, insecurity and illiteracy, with a special focus on vulnerable population groups, including women. It also notes that in its first voluntary national review in 2022 on the implementation of the report on the Sustainable Development Goals, the Government indicates that: (1) discrimination against women is attributed to cultural and traditional barriers, as well as to structural problems, making them one of the most vulnerable groups; (2) women do not enjoy the same rights and opportunities as men, which is reflected in unequal access to basic social services, unequal property ownership rights, persistent gender gaps in the labour market and gender disparities in public administration and decision-making (the public sector employs around three times as many men as women); and (3) inequalities can also be attributed to the failure to apply fair laws in favour of women. According to the African Development Bank’s 2023 country report on Guinea-Bissau, the property law safeguards the rights of men and women to access land without discrimination. However, in practice, women in rural areas are penalized by the application of customary law, which denies them the right to own or inherit land. In this regard, the Committee notes that the United Nations Sustainable Development Cooperation Framework for Guinea-Bissau 2022–2026 includes in its priorities to “support the mainstreaming of gender equality concerns in all actions, with a gender, age, and diversity perspective and a lifecycle approach through the promotion of full, meaningful and effective participation and representation of women”, and their empowerment at all levels of economic and commercial activity. Regarding education and training, the Committee notes the Government’s general information that significant results were achieved through the implementation of a certain number of measures aimed at improving girls’ school enrolment, particularly in rural areas, including by setting up school canteens and education programmes. It also indicates that a study aimed at collecting data from all vocational training centres is being carried out. The Committee notes with interest the adoption in February 2022 of the National Strategic Plan for Inclusive Education 2022–2028, aimed at eliminating gender disparities in education by 2023 and guaranteeing equal access to all levels of education and occupational training for the most vulnerable. The Committee notes the detailed information provided on the obstacles to women’s access to employment and to goods and services necessary to carry out an activity – access to land, credit and resources – especially in a country where the majority of the working population lives in rural areas and whose income therefore comes from non-wage work. Given the persistence of gender stereotypes, which determine the roles and responsibilities of women and men in all areas of life and particularly in employment, the Committee requests the Government to take effective, proactive measures to improve equality of opportunity and treatment between men and women in all aspects of employment and occupation, such as: (i) promoting women’s entrepreneurship, their access to vocational training, the formal economy labour market, land and credit; and (ii) improving the rate of girls’ school attendance to reduce their early school dropout. It also requests the Government to: (i) provide information on the progress made in this regard, particularly following the implementation of the Second National Policy for the Promotion of Gender Equality and Equity and its 2016–2025 Action Plan, the United Nations Sustainable Development Cooperation Framework for Guinea-Bissau 2022–2026 and the National Strategic Plan for Inclusive Education 2022–2028; (ii) provide information on whether it envisages updating the “Hora Tchiga” National Development Plan 2020–2023; and (iii) organize public awareness-raising activities to tackle the exclusion and discrimination resulting from prejudices and stereotypes relating to the skills and aspirations of certain groups in society, including women, and also better inform social partners of the policy and legislative framework on which the principles of equality and non-discrimination are based.

Article 5. Restrictions on the employment of women. Prohibition of night work by women. The Committee notes that, following its request to amend sections 155(4) and 160 of the previous Labour Code, which prohibited women from being employed in hazardous occupations or from night work, new section 359 of the Labour Code focuses on maternity protection. This section sets out that during pregnancy and after their return to work, women must work in conditions that are not harmful to pregnancy or to nursing mothers and that they must not work overtime, perform night work or be moved from their usual place of work. Instead of strictly prohibiting pregnant or nursing women workers from night work as a maternity protection measure, the Committee encourages the Government to envisage, in consultation with the representative workers’ and employers’ organizations (and the view of the works doctor), alternative working arrangements, to thereby ensure that this protection measure does not, in practice, become an obstacle to equal access to employment for women. It requests the Government to provide information on any measures taken to this end.

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

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

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee previously noted that, while no specific provision address the issue of sexual harassment in national legislation, the adoption of 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, would fill the existing legislative gap. The Committee notes the Government’s indication, in its reports, that the draft Uniform Labour Act of OHADA has not been adopted yet as a result of disagreements expressed by States which are members of the OHADA, some provisions of the draft Act being incompatible with their national legislation. The Government adds that several activities are planned for 2020 by the Labour and Social Dialogue Council under the coordination and supervision of the General Directorate for Labour, Employment and Vocational Training, in order to raise awareness about sexual harassment. The Committee welcomes the adoption of the Domestic Violence Act No.6/2014. It notes however that, as acknowledged by the Second National Policy for the Promotion of Gender Equality and Equity (PNIEG II) adopted in 2016, the situation of women in education and employment is characterized by sexual harassment, lack of knowledge of their rights and traditional culture of silence. The Committee further notes that, as recently highlighted in the context of the Universal Periodic Review, sexual violence against women remains widespread but underreported. Recalling that domestic workers are excluded from the scope of application of the General Labour Act (section 1(2)), it notes more particularly that domestic workers are particularly exposed to this situation (A/HRC/WG.6/35/GNB/2, 4 November 2019, paragraphs 36 and 64; Letter dated 13 March 2019 from the Special Rapporteur on contemporary forms of slavery, including its causes and consequences, and the Special Rapporteur on violence against women, its causes and consequences; and A/HRC/29/31/Add.1, 1 April 2015, paragraph 31). Stressing again the importance of enacting provisions to explicitly prevent and prohibit sexual harassment in the workplace, which is a serious manifestation of sex discrimination, the Committee asks the Government to provide information on any progress made in this regard, including through the adoption of the draft Uniform Labour Act of OHADA. It further asks the Government to provide information on the measures and activities implemented, including by the Labour and Social Dialogue Council, in order to raise awareness of men and women workers, employers and their organizations of their respective rights and duties so as to prevent and address sexual harassment in employment and occupation, including for domestic workers.

Enforcement. The Committee previously noted that new regional labour inspectorates were established in the towns of Bafatá, Bula and Buba, covering the eastern, northern and southern regions of the country but that the Government indicated that, in spite of its political will to improve the capacity of labour inspectors, it often lacked the necessary resources to do so. Noting the Government’s statement that the Convention is awaiting implementation and that strong difficulties are faced to identify and deal with discriminatory situations between men and women, the Committee refers to its 2018 observation on the application of the Labour Inspection Convention, 1947 (No.81), highlighting that the application of the Convention faces significant and persistent challenges of a financial and material nature and encouraging the Government to submit a formal request to the ILO for technical assistance in that domain. It further notes that, in its 2016 report on Guinea Bissau, the United Nations Special Rapporteur on the independence of judges and lawyers expressed serious concerns about: (1) the lack of tribunals, information, trust and education that pushes most people to resort to traditional leaders to settle their disputes; (2) the fact that justice is too expensive for the great majority of the population who cannot afford its services; (3) judicial delays which often amount to a denial of justice; (4) the lack of quality of services delivered and guarantees of due process; and (5) the fact that judges, prosecutors, lawyers and court staff are not adequately trained to discharge their professional functions (A/HRC/32/34/Add.1, 4 April 2016, paragraph 95). The Committee again asks the Government to provide information: (i) on the steps taken to enhance the capacity of labour inspectors, judges and other relevant authorities to identify and address issues of discrimination in employment and occupation, as well as to raise public awareness of the procedures and remedies available; and (ii) on any cases of discrimination dealt with by the labour inspectors, the courts or any other competent authorities, as well as the sanctions imposed and the remedies granted.

Statistics. Referring to its previous comments, the Committee notes the Government’s indication that challenges remain regarding the collection of statistics but that the institutionalization of a national employment statistics system is planned. In that regard, the Committee notes that the PNIEG II sets as specific objective the improvement of data publication on gender equality and the situation of women in the country, including by setting up a national system to collect and publish information on gender equality and equity. The Committee wishes to recall that collecting, analysing and disseminating information regularly is important for addressing appropriately discrimination in employment, determining if measures taken are having a positive impact on the actual situation and its underlying causes and make any necessary adjustments. The Committee hopes that the Government will make every effort to collect and supply comprehensive data on employment and occupation of men and women in the various economic sectors. It asks the Government to provide any available information on the participation of men and women in education, training, employment and occupation, disaggregated by occupational categories and positions, both in the public and private sectors, as well as in the informal economy.

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

The Committee takes note of the Government’s report.

Article 1 of the Convention. Legislative protection against discrimination. The Committee recalls that article 24 of the Constitution and sections 24(d) and 155 of the General Labour Act No.2/86 do not prohibit discrimination on the grounds of colour, social origin and national extraction, which are listed in Article 1(1)(a) of the Convention, and that domestic workers are explicitly excluded from the scope of application of the General Labour Act (section 1(2)). The Committee previously noted that the Government was in the process of elaborating a new Labour Act, and that the draft Uniform Labour Act of the Organization for the Harmonization of Business Law in Africa (OHADA), which will have direct force of law in Guinea-Bissau once it is adopted, includes provisions prohibiting discrimination in employment and occupation in accordance with the Convention. The Committee notes the Government’s indication in its reports that: (1) a request was made to place the 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 the Member States of OHADA (which has 17 Member States), as some provisions of the draft Uniform Labour Act are incompatible with their national legislation. It further notes that in July 2019, Ministers of the Economic Community of West African States (ECOWAS) adopted a draft Directive of Minimum Standards towards Harmonization of Labour Laws in ECOWAS Member States, elaborated in collaboration with the ILO. While aware of the difficulties facing the country, the Committee urges the Government to take measures in the near future to ensure that any new legislation: (i) prohibits direct and indirect discrimination on at least all the grounds enumerated in Article 1(1)(a) of the Convention, including colour, national extraction and social origin, with respect to all aspects of employment and occupation; and (ii) covers all categories of workers, in both the formal and informal economy, including domestic workers. It asks the Government to provide information on: (i) 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; and (ii) the specific measures implemented to ensure that the protection of men and women workers against discrimination in employment and occupation is ensured in practice, in particular for domestic workers who are excluded from the scope of the General Labour Act.

General observation of 2018. 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 asks the Government to provide information in response to the questions raised in that observation.

Articles 2 and 3. Equality of opportunity and treatment for men and women. The Committee notes with interest : (1) the adoption of the Gender Parity Act No. 4/2018, promulgated in December 2018, which provides for a minimum representation of 36 per cent of women candidates on party lists for legislative and local elections or appointments to the National Assembly and local governments; as well as (2) the adoption of the Second National Policy for the Promotion of Gender Equality and Equity (PNIEG II) in 2016 as well as of its Action Plan 2016–25. It notes that, according to the PNIEG II, the situation of women in education and employment is characterized, inter alia, by: (1) a high illiteracy rate (56 per cent), a low school enrolment rate (67 per cent) and a significant school drop-out rate (18 per cent); (2) a lack of specialized training in different technical and occupational areas; (3) discrimination on the basis of sex; (4) a lack of knowledge of their rights and a traditional culture of silence; and (5) the lack of strategy to promote entrepreneurship, which all limit their economic independence. It further notes that the PNIEG II sets as specific objectives and actions: (1) the adoption of an agenda on gender equality and equity in education; (2) the enhancement of women’s access to higher education and vocational training, particularly in the sciences, as well as the access of women and men to equal productive and economic opportunities; (3) the enhancement of women’s empowerment and entrepreneurship, including by ensuring access to credit for 35 per cent of women; (4) the promotion of women’s participation in public and political life and decision-making; and (5) the implementation of awareness-raising activities on gender equality instruments adopted at national and international levels. Furthermore, the Committee notes that the Strategic and Operational Plan “Terra Ranka” 2015–20 provides for the implementation of projects promoting women’s entrepreneurship. The Committee welcomes these initiatives and notes that, according to the United Nations Development Programme (UNDP), while the participation rate of women in the labour market has increased slightly since 2013 (67.3 per cent in 2019 compared to 66.5 per cent in 2013), it still remains substantially lower than that of men (78.9 per cent in 2019). Furthermore, according to the 2019 report of the United Nations Secretary-General on developments in Guinea-Bissau and the activities of the United Nations Integrated Peacebuilding Office in Guinea-Bissau, despite the adoption of the Gender Parity Act, in the March 2019 legislative elections only 13 women secured parliamentary seats, the same number as in the previous legislature before the enactment of the Act (S/2019/664, 7 February 2019, paragraphs 10 and 68). While acknowledging the financial constraints faced by the country, the Committee notes that, as recently highlighted in the context of the Universal Periodic Review (UPR): (1) the low human development indicators in Guinea-Bissau particularly affect women and the gender inequality gap is still very wide; and (2) there is a great need to reinforce positive social norms to prevent cultural and traditional practices that discriminate against women, particularly with regard to women’s access to land and economic resources, which remains very limited in practice (A/HRC/WG.6/35/GNB/2, 4 November 2019, paragraphs 11, 41 and 62; and A/HRC/29/31/Add.1, 1 April 2015, paragraphs 27 and 38). Concerning education, the Committee notes that, according to the 2019 UNICEF Country Office Annual Report, almost half of girls who were enrolled in primary school dropped out before completing, mainly because of early pregnancy or early marriage. It refers, in that regard, to its 2019 direct requests on the application of the Minimum Age Convention, 1973 (No. 138), and the Worst Forms of Child Labour Convention, 1999 (No. 182), in which it expresses concern at the gender and geographical disparities with regard to access to and the quality of education, particularly regarding the situation of girls in foster families, who are exposed to various forms of exploitation and are denied education. In light of the persistent gender stereotypes that shape the roles and responsibilities of women and men in all spheres of life, the Committee asks the Government to take proactive measures to ensure the effective implementation of the Second National Policy for the Promotion of Gender Equality and Equity and its Action Plan 2016–25, as well as of the Strategic and Operational Plan “Terra Ranka” 2015–20, to improve equality of opportunity and treatment between men and women in all aspects of employment and occupation through the adoption of effective measures to: (i) enhance women’s entrepreneurship and access to vocational training, the labour market, land and credit; and (ii) improve the net school attendance rate for girls, while reducing their early drop-out from school. It asks the Government to provide information on the results of the actions and programmes implemented to that end and on any activities undertaken, including in collaboration with employers’ and workers’ organizations, to raise public awareness and understanding of the Convention among workers, employers and their representative organizations, as well as among law enforcement officials.

Article 5. Restrictions on the employment of women. Prohibition of night work by women. The Committee recalls that the General Labour Act provides for: (1) the adoption of supplementary legislation to prevent women from being employed in hazardous occupations (section 155(4)); and (2) the prohibition of night work by women, except in managerial posts or posts of a technical nature involving responsibility, in hygiene, health or social welfare services, in the event of unforeseeable situations of force majeure, and in posts which by their nature can only be performed at night (section 160). The Committee wishes to recall that protective measures for women may be broadly categorized into those aimed at protecting maternity in the strict sense, which come within the scope of Article 5, and those aimed at protecting women generally because of their sex or gender, based on stereotypical perceptions about their capabilities and appropriate role in society, which are contrary to the Convention and constitute obstacles to the recruitment and employment of women. In addition, 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 (2012 General Survey on the fundamental Conventions, paragraphs 839 and 840). In light of the prevailing gender stereotypes, the Committee urges the Government to review the prohibition of night work by women and its approach regarding restrictions on women’s employment. It asks the Government to take the necessary measures to amend sections 155(4) and 160 of the General Labour Act, in particular in the context of the ongoing legislative developments, to ensure that any restrictions on the work that can be performed by women are limited to maternity protection in the strict sense, and are not based on stereotypical perceptions about their capabilities and role in society which would be contrary to the Convention. It asks the Government to provide information on any progress made in this regard.

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

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

The Committee notes with 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 initially made in 2013.

Repetition

Article 1 of the Convention. Sexual harassment. In its previous comments, the Committee noted that, while no specific provisions address the issue of sexual harassment in national legislation, the adoption of the draft Uniform Labour Act of the Organization for the Harmonization of Business Law in Africa (OHADA) would fill the existing legislative gap. Acknowledging that the mentioned Act has not yet been adopted, the Committee notes the Government’s efforts to raise workers’ awareness of the subject, as well as of their rights and appropriate complaints mechanisms. The Committee asks the Government to continue to provide information on the status of the adoption of the draft Uniform Labour Act of OHADA. The Committee also encourages the Government to continue to take steps to prevent and address sexual harassment in employment and occupation and asks the Government to provide information in this regard, including with respect to raising awareness of men and women workers, employers and their organizations of their respective rights and duties.

Articles 2 and 3. National equality policy and measures to promote equality. The Committee previously noted the Government’s indication that a Law on the National Policy on Gender Equality was being elaborated. The Committee also notes the Government’s statement that economic difficulties continue to hinder the development and implementation of specific programmes relating to non-discrimination and equality. While acknowledging the economic constraints faced by the country, the Committee recalls that awareness-raising and educational measures are essential in addressing prejudices and stereotypes regarding the professional abilities and aspirations of certain groups that lead to exclusion and discrimination in society and in the labour market (see General Survey of 2012, paragraph 865). Such exclusion and discrimination may be exacerbated in times of economic downturn, making the national equality policy, including educational awareness and promotion, essential. In light of the above, the Committee trusts that the Law on the National Policy on Gender Equality will soon be adopted, and asks the Government to take proactive steps to implement a comprehensive policy to promote equality and non-discrimination in all aspects of employment and occupation, and with respect to all the grounds covered by the Convention, including enhancing public understanding and knowledge of the principle of the Convention. Please provide information in future reports on the progress made in this regard.

Access to vocational training and education. In response to its previous request for information on measures taken to encourage access of girls and women to training courses in which they are under-represented, the Committee notes the Governments’ repeated indication that access to technical and professional training is equally available to men and women. The Committee also notes the Government’s reference to a national programme to ensure access to basic education. The Committee requests the Government to provide information on the participation of girls and boys respectively in primary and secondary education, and on any initiatives undertaken to encourage the equal participation of girls and women in education and vocational training.

Enforcement. With reference to its previous comments and to the comments submitted by the National Union of Workers from Guinea (UNTG) of 30 August 2011, which highlight the need to strengthen the capacity of labour inspectorates, the Committee notes the Government’s information on training activities carried out at national and international levels. The Committee also notes the Government’s reference in its report under the Equal Remuneration Convention, 1951 (No.100) to the new regional labour inspectorates established in the towns of Bafatá, Bula and Buba, covering the Eastern, Northern and Southern regions of the country. The Committee asks the Government to provide information on any specific activities carried out in order to assist labour inspectors in better identifying and addressing issues of discrimination in employment and occupation. The Committee also asks the Government to provide information on the practical application of sections 24(d), 155 and 156 of the Labour Law, including any judicial or administrative decisions addressing discrimination in employment and occupation, as well as any violations of the principle reported to or detected by labour inspectors.

Statistics. Noting again the absence of statistical data, disaggregated by sex or on other grounds, that may assist in assessing the progress made in giving effect to the Convention, the Committee encourages the Government to make every effort to collect and supply comprehensive data on employment and occupation of men and women in the various sectors. The Committee also asks the Government to provide statistical information on the participation of men and women in the various vocational training courses offered, as well as statistics on the number of men and women that have filled vacancies following such training, including for jobs traditionally held by the other sex.

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

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2013. The Committee also notes that the Government had been requested to provide information to the Committee on the Application of Standards at the 106th Session of the International Labour Conference for failure to supply reports and information on the application of ratified Conventions.

Repetition

Article 1 of the Convention. Sexual harassment. In its previous comments, the Committee noted that, while no specific provisions address the issue of sexual harassment in national legislation, the adoption of the draft Uniform Labour Act of the Organization for the Harmonization of Business Law in Africa (OHADA) would fill the existing legislative gap. Acknowledging that the mentioned Act has not yet been adopted, the Committee notes the Government’s efforts to raise workers’ awareness of the subject, as well as of their rights and appropriate complaints mechanisms. The Committee asks the Government to continue to provide information on the status of the adoption of the draft Uniform Labour Act of OHADA. The Committee also encourages the Government to continue to take steps to prevent and address sexual harassment in employment and occupation and asks the Government to provide information in this regard, including with respect to raising awareness of men and women workers, employers and their organizations of their respective rights and duties.

Articles 2 and 3. National equality policy and measures to promote equality. The Committee previously noted the Government’s indication that a Law on the National Policy on Gender Equality was being elaborated. The Committee also notes the Government’s statement that economic difficulties continue to hinder the development and implementation of specific programmes relating to non-discrimination and equality. While acknowledging the economic constraints faced by the country, the Committee recalls that awareness-raising and educational measures are essential in addressing prejudices and stereotypes regarding the professional abilities and aspirations of certain groups that lead to exclusion and discrimination in society and in the labour market (see General Survey of 2012, paragraph 865). Such exclusion and discrimination may be exacerbated in times of economic downturn, making the national equality policy, including educational awareness and promotion, essential. In light of the above, the Committee trusts that the Law on the National Policy on Gender Equality will soon be adopted, and asks the Government to take proactive steps to implement a comprehensive policy to promote equality and non-discrimination in all aspects of employment and occupation, and with respect to all the grounds covered by the Convention, including enhancing public understanding and knowledge of the principle of the Convention. Please provide information in future reports on the progress made in this regard.

Access to vocational training and education. In response to its previous request for information on measures taken to encourage access of girls and women to training courses in which they are under-represented, the Committee notes the Governments’ repeated indication that access to technical and professional training is equally available to men and women. The Committee also notes the Government’s reference to a national programme to ensure access to basic education. The Committee requests the Government to provide information on the participation of girls and boys respectively in primary and secondary education, and on any initiatives undertaken to encourage the equal participation of girls and women in education and vocational training.

Enforcement. With reference to its previous comments and to the comments submitted by the National Union of Workers from Guinea (UNTG) of 30 August 2011, which highlight the need to strengthen the capacity of labour inspectorates, the Committee notes the Government’s information on training activities carried out at national and international levels. The Committee also notes the Government’s reference in its report under the Equal Remuneration Convention, 1951 (No.100) to the new regional labour inspectorates established in the towns of Bafatá, Bula and Buba, covering the Eastern, Northern and Southern regions of the country. The Committee asks the Government to provide information on any specific activities carried out in order to assist labour inspectors in better identifying and addressing issues of discrimination in employment and occupation. The Committee also asks the Government to provide information on the practical application of sections 24(d), 155 and 156 of the Labour Law, including any judicial or administrative decisions addressing discrimination in employment and occupation, as well as any violations of the principle reported to or detected by labour inspectors.

Statistics. Noting again the absence of statistical data, disaggregated by sex or on other grounds, that may assist in assessing the progress made in giving effect to the Convention, the Committee encourages the Government to make every effort to collect and supply comprehensive data on employment and occupation of men and women in the various sectors. The Committee also asks the Government to provide statistical information on the participation of men and women in the various vocational training courses offered, as well as statistics on the number of men and women that have filled vacancies following such training, including for jobs traditionally held by the other sex.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Article 1 of the Convention. Sexual harassment. In its previous comments, the Committee noted that, while no specific provisions address the issue of sexual harassment in national legislation, the adoption of the draft Uniform Labour Act of the Organization for the Harmonization of Business Law in Africa (OHADA) would fill the existing legislative gap. Acknowledging that the mentioned Act has not yet been adopted, the Committee notes the Government’s efforts to raise workers’ awareness of the subject, as well as of their rights and appropriate complaints mechanisms. The Committee asks the Government to continue to provide information on the status of the adoption of the draft Uniform Labour Act of OHADA. The Committee also encourages the Government to continue to take steps to prevent and address sexual harassment in employment and occupation and asks the Government to provide information in this regard, including with respect to raising awareness of men and women workers, employers and their organizations of their respective rights and duties.

Articles 2 and 3. National equality policy and measures to promote equality. The Committee previously noted the Government’s indication that a Law on the National Policy on Gender Equality was being elaborated. The Committee also notes the Government’s statement that economic difficulties continue to hinder the development and implementation of specific programmes relating to non-discrimination and equality. While acknowledging the economic constraints faced by the country, the Committee recalls that awareness-raising and educational measures are essential in addressing prejudices and stereotypes regarding the professional abilities and aspirations of certain groups that lead to exclusion and discrimination in society and in the labour market (see General Survey of 2012, paragraph 865). Such exclusion and discrimination may be exacerbated in times of economic downturn, making the national equality policy, including educational awareness and promotion, essential. In light of the above, the Committee trusts that the Law on the National Policy on Gender Equality will soon be adopted, and asks the Government to take proactive steps to implement a comprehensive policy to promote equality and non-discrimination in all aspects of employment and occupation, and with respect to all the grounds covered by the Convention, including enhancing public understanding and knowledge of the principle of the Convention. Please provide information in future reports on the progress made in this regard.

Access to vocational training and education. In response to its previous request for information on measures taken to encourage access of girls and women to training courses in which they are under-represented, the Committee notes the Governments’ repeated indication that access to technical and professional training is equally available to men and women. The Committee also notes the Government’s reference to a national programme to ensure access to basic education. The Committee requests the Government to provide information on the participation of girls and boys respectively in primary and secondary education, and on any initiatives undertaken to encourage the equal participation of girls and women in education and vocational training.

Enforcement. With reference to its previous comments and to the comments submitted by the National Union of Workers from Guinea (UNTG) of 30 August 2011, which highlight the need to strengthen the capacity of labour inspectorates, the Committee notes the Government’s information on training activities carried out at national and international levels. The Committee also notes the Government’s reference in its report under the Equal Remuneration Convention, 1951 (No.100) to the new regional labour inspectorates established in the towns of Bafatá, Bula and Buba, covering the Eastern, Northern and Southern regions of the country. The Committee asks the Government to provide information on any specific activities carried out in order to assist labour inspectors in better identifying and addressing issues of discrimination in employment and occupation. The Committee also asks the Government to provide information on the practical application of sections 24(d), 155 and 156 of the Labour Law, including any judicial or administrative decisions addressing discrimination in employment and occupation, as well as any violations of the principle reported to or detected by labour inspectors.

Statistics. Noting again the absence of statistical data, disaggregated by sex or on other grounds, that may assist in assessing the progress made in giving effect to the Convention, the Committee encourages the Government to make every effort to collect and supply comprehensive data on employment and occupation of men and women in the various sectors. The Committee also asks the Government to provide statistical information on the participation of men and women in the various vocational training courses offered, as well as statistics on the number of men and women that have filled vacancies following such training, including for jobs traditionally held by the other sex.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 1 of the Convention. Sexual harassment. In its previous comments, the Committee noted that, while no specific provisions address the issue of sexual harassment in national legislation, the adoption of the draft Uniform Labour Act of the Organization for the Harmonization of Business Law in Africa (OHADA) would fill the existing legislative gap. Acknowledging that the mentioned Act has not yet been adopted, the Committee notes the Government’s efforts to raise workers’ awareness of the subject, as well as of their rights and appropriate complaints mechanisms. The Committee asks the Government to continue to provide information on the status of the adoption of the draft Uniform Labour Act of OHADA. The Committee also encourages the Government to continue to take steps to prevent and address sexual harassment in employment and occupation and asks the Government to provide information in this regard, including with respect to raising awareness of men and women workers, employers and their organizations of their respective rights and duties.

Articles 2 and 3. National equality policy and measures to promote equality. The Committee previously noted the Government’s indication that a Law on the National Policy on Gender Equality was being elaborated. The Committee also notes the Government’s statement that economic difficulties continue to hinder the development and implementation of specific programmes relating to non-discrimination and equality. While acknowledging the economic constraints faced by the country, the Committee recalls that awareness-raising and educational measures are essential in addressing prejudices and stereotypes regarding the professional abilities and aspirations of certain groups that lead to exclusion and discrimination in society and in the labour market (see General Survey of 2012, paragraph 865). Such exclusion and discrimination may be exacerbated in times of economic downturn, making the national equality policy, including educational awareness and promotion, essential. In light of the above, the Committee trusts that the Law on the National Policy on Gender Equality will soon be adopted, and asks the Government to take proactive steps to implement a comprehensive policy to promote equality and non-discrimination in all aspects of employment and occupation, and with respect to all the grounds covered by the Convention, including enhancing public understanding and knowledge of the principle of the Convention. Please provide information in future reports on the progress made in this regard.

Access to vocational training and education. In response to its previous request for information on measures taken to encourage access of girls and women to training courses in which they are under-represented, the Committee notes the Governments’ repeated indication that access to technical and professional training is equally available to men and women. The Committee also notes the Government’s reference to a national programme to ensure access to basic education. The Committee requests the Government to provide information on the participation of girls and boys respectively in primary and secondary education, and on any initiatives undertaken to encourage the equal participation of girls and women in education and vocational training.

Parts III and IV of the report form. Enforcement. With reference to its previous comments and to the comments submitted by the National Union of Workers from Guinea (UNTG) of 30 August 2011, which highlight the need to strengthen the capacity of labour inspectorates, the Committee notes the Government’s information on training activities carried out at national and international levels. The Committee also notes the Government’s reference in its report under the Equal Remuneration Convention, 1951 (No.100) to the new regional labour inspectorates established in the towns of Bafatá, Bula and Buba, covering the Eastern, Northern and Southern regions of the country. The Committee asks the Government to provide information on any specific activities carried out in order to assist labour inspectors in better identifying and addressing issues of discrimination in employment and occupation. The Committee also asks the Government to provide information on the practical application of sections 24(d), 155 and 156 of the Labour Law, including any judicial or administrative decisions addressing discrimination in employment and occupation, as well as any violations of the principle reported to or detected by labour inspectors.

Part V. Statistics. Noting again the absence of statistical data, disaggregated by sex or on other grounds, that may assist in assessing the progress made in giving effect to the Convention, the Committee encourages the Government to make every effort to collect and supply comprehensive data on employment and occupation of men and women in the various sectors. The Committee also asks the Government to provide statistical information on the participation of men and women in the various vocational training courses offered, as well as statistics on the number of men and women that have filled vacancies following such training, including for jobs traditionally held by the other sex.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the observations from the National Union of Workers from Guinea (UNTG) transmitted together with the Government’s report, that refer to the need to reinforce the technical and material capacities of the labour inspectorate so as to allow it to properly control the implementation of labour law. The Committee requests the Government to provide its reply thereon.

Articles 1 and 2 of the Convention. Legislation and national policy on equality of opportunity and treatment. The Committee notes the Government’s indication that legislation has been adopted concerning gender equality and that a Law on the National Policy on Gender Equality was being elaborated. The Committee hopes that the Law on the National Policy on Gender Equality will soon be adopted and requests the Government to provide information on any progress made in this respect. The Committee also requests the Government to provide a copy of any new legislation concerning gender equality.

Noting that the Government’s report does not reply to its previous comments, the Committee must therefore repeat its previous direct request which read as follows:

Sexual harassment. The Committee notes that there continues to be an absence of national legislation on sexual harassment. It also notes that sections 59 and 60 of the draft Uniform Labour Act of OHADA, defining and prohibiting sexual harassment in the workplace and protecting against victimization, would fill the existing gap in national legislation. Awaiting its adoption, the Committee requests the Government to provide information on any other measures taken or envisaged to address sexual harassment such as educational programmes for workers and employers in the public and private sectors.

Article 3. Educational awareness and promotion. The Committee notes that due to existing economic difficulties in the country, the educational programmes to raise awareness about rights relating to non-discrimination and equality had to be discontinued. Considering the value of such programmes to the implementation of the Convention, the Committee hopes that the Government will soon be in a position to resume these activities, and requests the Government to keep it informed in this regard.

National authorities. The Committee notes the information in the Government’s report concerning the current government structures responsible for promoting equality between men and women. Please provide information in future reports on the specific activities carried out by the relevant institutions to promote the application of the Convention.

Access to vocational training. The Committee notes the Government’s indication that according to data from the National Centre for Administrative Training (CENFI), an increasing number of women are enrolling in the various courses, though women generally prefer computer or secretarial courses or courses which they consider easier than those provided by CENFI. The Committee reminds the Government that measures to encourage greater access of women to vocational training should be free from considerations based on stereotypes that reserve particular courses or occupations to either men or women, thus leading to occupational segregation based on sex. The Committee requests the Government to indicate the measures taken or envisaged to encourage the access of girls and women to training courses in which they are under-represented so as to afford them a greater chance of entry into the labour market. It also invites the Government to consider what measures may be taken to inform girls and women of the wide range of training courses and occupations open to them.

Part III of the report form. Enforcement. The Committee notes the importance given by the Government to increasing the qualifications of labour inspectors and training new labour inspectors, including in areas such as discrimination and equality. It takes due note of the Government’s renewed request for ILO technical assistance in this domain, and encourages the Government to integrate such training activities in any future programmes to promote the application of the Convention in the country.

Part V. Practical application. The Committee notes that the data on the participation of women and men in the public sector will soon be available and hopes that these will be included in the Government’s next report. It further notes the Government’s renewed request for technical assistance from the ILO to support the staff assigned to the statistical department to overcome the difficulties that persist in collecting the relevant data. The Committee hopes that the Government, while awaiting such assistance, will nevertheless collect whatever information is available (reports, studies, surveys or otherwise) that could to some extent demonstrate how the Convention is being applied in practice.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Articles 1 and 2 of the Convention. Legislation and national policy on equality of opportunity and treatment. The Committee notes that the Government continues to indicate in its report that there is no national policy on equality and that there is no discrimination in law or in practice since the Constitution and the General Labour Act prohibit discrimination by the employer on the grounds covered in the Convention. The Committee further notes in this context that the draft Uniform Labour Act of the Organization for the Harmonization of Business Law in Africa (OHADA) includes provisions promoting equality between men and women and prohibiting discrimination in accordance with the Convention. Noting that the draft Act is intended to have direct force of law in Guinea-Bissau once it is adopted, and that it will further strengthen the legal protection against discrimination in employment and occupation in Guinea-Bissau, the Committee looks forward to its adoption. Nevertheless, the Committee recalls that, while the affirmation of the principle of equality in legal provisions is an important element of a national policy to promote equality of opportunity and treatment in employment and occupation as required by Article 2 of the Convention, it is equally important to take measures to ensure that the Convention’s provisions are fully applied in practice. It is also concerned over statements to the effect that no discrimination exists in law and in practice, particularly when no other details are given on the content and methods of promoting and implementing the national policy or on the employment situation of women and men and members of other groups covered by the Convention. While aware of the economic difficulties facing the country, the Committee hopes that the Government will make every effort to take measures towards the adoption of a national policy on equality of opportunity and treatment and to give practical effect to the legislative prohibition against discrimination, and provide information on the progress made in its next report.

Sexual harassment. The Committee notes that there continues to be an absence of national legislation on sexual harassment. It also notes that sections 59 and 60 of the draft Uniform Labour Act of OHADA, defining and prohibiting sexual harassment in the workplace and protecting against victimization, would fill the existing gap in national legislation. Awaiting its adoption, the Committee requests the Government to provide information on any other measures taken or envisaged to address sexual harassment such as educational programmes for workers and employers in the public and private sectors.

Article 3. Educational awareness and promotion. The Committee notes that due to existing economic difficulties in the country, the educational programmes to raise awareness about rights relating to non-discrimination and equality had to be discontinued. Considering the value of such programmes to the implementation of the Convention, the Committee hopes that the Government will soon be in a position to resume these activities, and requests the Government to keep it informed in this regard.

National authorities. The Committee notes the information in the Government’s report concerning the current government structures responsible for promoting equality between men and women. Please provide information in future reports on the specific activities carried out by the relevant institutions to promote the application of the Convention.

Access to vocational training. The Committee notes the Government’s indication that according to data from the National Centre for Administrative Training (CENFI), an increasing number of women are enrolling in the various courses, though women generally prefer computer or secretarial courses or courses which they consider easier than those provided by CENFI. The Committee reminds the Government that measures to encourage greater access of women to vocational training should be free from considerations based on stereotypes that reserve particular courses or occupations to either men or women, thus leading to occupational segregation based on sex. The Committee requests the Government to indicate the measures taken or envisaged to encourage the access of girls and women to training courses in which they are under-represented so as to afford them a greater chance of entry into the labour market. It also invites the Government to consider what measures may be taken to inform girls and women of the wide range of training courses and occupations open to them.

Part III of the report form. Enforcement. The Committee notes the importance given by the Government to increasing the qualifications of labour inspectors and training new labour inspectors, including in areas such as discrimination and equality. It takes due note of the Government’s renewed request for ILO technical assistance in this domain, and encourages the Government to integrate such training activities in any future programmes to promote the application of the Convention in the country.

Part V. Practical application. The Committee notes that the data on the participation of women and men in the public sector will soon be available and hopes that these will be included in the Government’s next report. It further notes the Government’s renewed request for technical assistance from the ILO to support the staff assigned to the statistical department to overcome the difficulties that persist in collecting the relevant data. The Committee hopes that the Government, while awaiting such assistance, will nevertheless collect whatever information is available (reports, studies, surveys or otherwise) that could to some extent demonstrate how the Convention is being applied in practice.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Articles 1 and 2 of the Convention. Legislation and national policy on equality of opportunity and treatment. The Committee notes that the Government continues to indicate in its report that there is no national policy on equality and that there is no discrimination in law or in practice since the Constitution and the General Labour Act prohibit discrimination by the employer on the grounds covered in the Convention. The Committee further notes in this context that the draft Uniform Labour Act of the Organization for the Harmonization of Business Law in Africa (OHADA) includes provisions promoting equality between men and women and prohibiting discrimination in accordance with the Convention. Noting that the draft Act is intended to have direct force of law in Guinea-Bissau once it is adopted, and that it will further strengthen the legal protection against discrimination in employment and occupation in Guinea-Bissau, the Committee looks forward to its adoption. Nevertheless, the Committee recalls that, while the affirmation of the principle of equality in legal provisions is an important element of a national policy to promote equality of opportunity and treatment in employment and occupation as required by Article 2 of the Convention, it is equally important to take measures to ensure that the Convention’s provisions are fully applied in practice. It is also concerned over statements to the effect that no discrimination exists in law and in practice, particularly when no other details are given on the content and methods of promoting and implementing the national policy or on the employment situation of women and men and members of other groups covered by the Convention. While aware of the economic difficulties facing the country, the Committee hopes that the Government will make every effort to take measures towards the adoption of a national policy on equality of opportunity and treatment and to give practical effect to the legislative prohibition against discrimination, and provide information on the progress made in its next report.

Sexual harassment. The Committee notes that there continues to be an absence of national legislation on sexual harassment. It also notes that sections 59 and 60 of the draft Uniform Labour Act of OHADA, defining and prohibiting sexual harassment in the workplace and protecting against victimization, would fill the existing gap in national legislation. Awaiting its adoption, the Committee requests the Government to provide information on any other measures taken or envisaged to address sexual harassment such as educational programmes for workers and employers in the public and private sectors.

Article 3. Educational awareness and promotion. The Committee notes that due to existing economic difficulties in the country, the educational programmes to raise awareness about rights relating to non-discrimination and equality had to be discontinued. Considering the value of such programmes to the implementation of the Convention, the Committee hopes that the Government will soon be in a position to resume these activities, and requests the Government to keep it informed in this regard.

National authorities. The Committee notes the information in the Government’s report concerning the current government structures responsible for promoting equality between men and women. Please provide information in future reports on the specific activities carried out by the relevant institutions to promote the application of the Convention.

Access to vocational training. The Committee notes the Government’s indication that according to data from the National Centre for Administrative Training (CENFI), an increasing number of women are enrolling in the various courses, though women generally prefer computer or secretarial courses or courses which they consider easier than those provided by CENFI. The Committee reminds the Government that measures to encourage greater access of women to vocational training should be free from considerations based on stereotypes that reserve particular courses or occupations to either men or women, thus leading to occupational segregation based on sex. The Committee requests the Government to indicate the measures taken or envisaged to encourage the access of girls and women to training courses in which they are under-represented so as to afford them a greater chance of entry into the labour market. It also invites the Government to consider what measures may be taken to inform girls and women of the wide range of training courses and occupations open to them.

Part III of the report form. Enforcement. The Committee notes the importance given by the Government to increasing the qualifications of labour inspectors and training new labour inspectors, including in areas such as discrimination and equality. It takes due note of the Government’s renewed request for ILO technical assistance in this domain, and encourages the Government to integrate such training activities in any future programmes to promote the application of the Convention in the country.

Part V. Practical application. The Committee notes that the data on the participation of women and men in the public sector will soon be available and hopes that these will be included in the Government’s next report. It further notes the Government’s renewed request for technical assistance from the ILO to support the staff assigned to the statistical department to overcome the difficulties that persist in collecting the relevant data. The Committee hopes that the Government, while awaiting such assistance, will nevertheless collect whatever information is available (reports, studies, surveys or otherwise) that could to some extent demonstrate how the Convention is being applied in practice.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Articles 1 and 2 of the Convention. Legislation and national policy on equality of opportunity and treatment. The Committee notes that the Government continues to indicate in its report that there is no national policy on equality and that there is no discrimination in law or in practice since the Constitution and the General Labour Act prohibit discrimination by the employer on the grounds covered in the Convention. The Committee further notes in this context that the draft Uniform Labour Act of the Organization for the Harmonization of Business Law in Africa (OHADA) includes provisions promoting equality between men and women and prohibiting discrimination in accordance with the Convention. Noting that the draft Act is intended to have direct force of law in Guinea-Bissau once it is adopted, and that it will further strengthen the legal protection against discrimination in employment and occupation in Guinea-Bissau, the Committee looks forward to its adoption. Nevertheless, the Committee recalls that, while the affirmation of the principle of equality in legal provisions is an important element of a national policy to promote equality of opportunity and treatment in employment and occupation as required by Article 2 of the Convention, it is equally important to take measures to ensure that the Convention’s provisions are fully applied in practice. It is also concerned over statements to the effect that no discrimination exists in law and in practice, particularly when no other details are given on the content and methods of promoting and implementing the national policy or on the employment situation of women and men and members of other groups covered by the Convention. While aware of the economic difficulties facing the country, the Committee hopes that the Government will make every effort to take measures towards the adoption of a national policy on equality of opportunity and treatment and to give practical effect to the legislative prohibition against discrimination, and provide information on the progress made in its next report.

2. Sexual harassment. The Committee notes that there continues to be an absence of national legislation on sexual harassment. It also notes that sections 59 and 60 of the draft Uniform Labour Act of OHADA, defining and prohibiting sexual harassment in the workplace and protecting against victimization, would fill the existing gap in national legislation. Awaiting its adoption, the Committee requests the Government to provide information on any other measures taken or envisaged to address sexual harassment such as educational programmes for workers and employers in the public and private sectors.

3. Article 3. Educational awareness and promotion. The Committee notes that due to existing economic difficulties in the country, the educational programmes to raise awareness about rights relating to non-discrimination and equality had to be discontinued. Considering the value of such programmes to the implementation of the Convention, the Committee hopes that the Government will soon be in a position to resume these activities, and requests the Government to keep it informed in this regard.

4. National authorities. The Committee notes the information in the Government’s report concerning the current government structures responsible for promoting equality between men and women. Please provide information in future reports on the specific activities carried out by the relevant institutions to promote the application of the Convention.

5. Access to vocational training. The Committee notes the Government’s indication that according to data from the National Centre for Administrative Training (CENFI), an increasing number of women are enrolling in the various courses, though women generally prefer computer or secretarial courses or courses which they consider easier than those provided by CENFI. The Committee reminds the Government that measures to encourage greater access of women to vocational training should be free from considerations based on stereotypes that reserve particular courses or occupations to either men or women, thus leading to occupational segregation based on sex. The Committee requests the Government to indicate the measures taken or envisaged to encourage the access of girls and women to training courses in which they are under-represented so as to afford them a greater chance of entry into the labour market. It also invites the Government to consider what measures may be taken to inform girls and women of the wide range of training courses and occupations open to them.

6. Part III of the report form. Enforcement. The Committee notes the importance given by the Government to increasing the qualifications of labour inspectors and training new labour inspectors, including in areas such as discrimination and equality. It takes due note of the Government’s renewed request for ILO technical assistance in this domain, and encourages the Government to integrate such training activities in any future programmes to promote the application of the Convention in the country.

7. Part V. Practical application. The Committee notes that the data on the participation of women and men in the public sector will soon be available and hopes that these will be included in the Government’s next report. It further notes the Government’s renewed request for technical assistance from the ILO to support the staff assigned to the statistical department to overcome the difficulties that persist in collecting the relevant data. The Committee hopes that the Government, while awaiting such assistance, will nevertheless collect whatever information is available (reports, studies, surveys or otherwise) that could to some extent demonstrate how the Convention is being applied in practice.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Articles 1 and 2 of the Convention. Legislation and national policy on equality of opportunity and treatment. The Committee notes that the Government continues to indicate in its report that there is no national policy on equality and that there is no discrimination in law or in practice since the Constitution and the General Labour Act prohibit discrimination by the employer on the grounds covered in the Convention. The Committee further notes in this context that the draft Uniform Labour Act of the Organization for the Harmonization of Business Law in Africa (OHADA) includes provisions promoting equality between men and women and prohibiting discrimination in accordance with the Convention. Noting that the draft Act is intended to have direct force of law in Guinea-Bissau once it is adopted, and that it will further strengthen the legal protection against discrimination in employment and occupation in Guinea-Bissau, the Committee looks forward to its adoption. Nevertheless, the Committee recalls that, while the affirmation of the principle of equality in legal provisions is an important element of a national policy to promote equality of opportunity and treatment in employment and occupation as required by Article 2 of the Convention, it is equally important to take measures to ensure that the Convention’s provisions are fully applied in practice. It is also concerned over statements to the effect that no discrimination exists in law and in practice, particularly when no other details are given on the content and methods of promoting and implementing the national policy or on the employment situation of women and men and members of other groups covered by the Convention. While aware of the economic difficulties facing the country, the Committee hopes that the Government will make every effort to take measures towards the adoption of a national policy on equality of opportunity and treatment and to give practical effect to the legislative prohibition against discrimination, and provide information on the progress made in its next report.

2. Sexual harassment. The Committee notes that there continues to be an absence of national legislation on sexual harassment. It also notes that sections 59 and 60 of the draft Uniform Labour Act of OHADA, defining and prohibiting sexual harassment in the workplace and protecting against victimization, would fill the existing gap in national legislation. Awaiting its adoption, the Committee requests the Government to provide information on any other measures taken or envisaged to address sexual harassment such as educational programmes for workers and employers in the public and private sectors.

3. Article 3. Educational awareness and promotion. The Committee notes that due to existing economic difficulties in the country, the educational programmes to raise awareness about rights relating to non-discrimination and equality had to be discontinued. Considering the value of such programmes to the implementation of the Convention, the Committee hopes that the Government will soon be in a position to resume these activities, and requests the Government to keep it informed in this regard.

4. National authorities. The Committee notes the information in the Government’s report concerning the current government structures responsible for promoting equality between men and women. Please provide information in future reports on the specific activities carried out by the relevant institutions to promote the application of the Convention.

5. Access to vocational training. The Committee notes the Government’s indication that according to data from the National Centre for Administrative Training (CENFI), an increasing number of women are enrolling in the various courses, though women generally prefer computer or secretarial courses or courses which they consider easier than those provided by CENFI. The Committee reminds the Government that measures to encourage greater access of women to vocational training should be free from considerations based on stereotypes that reserve particular courses or occupations to either men or women, thus leading to occupational segregation based on sex. The Committee requests the Government to indicate the measures taken or envisaged to encourage the access of girls and women to training courses in which they are under-represented so as to afford them a greater chance of entry into the labour market. It also invites the Government to consider what measures may be taken to inform girls and women of the wide range of training courses and occupations open to them.

6. Part III of the report form. Enforcement. The Committee notes the importance given by the Government to increasing the qualifications of labour inspectors and training new labour inspectors, including in areas such as discrimination and equality. It takes due note of the Government’s renewed request for ILO technical assistance in this domain, and encourages the Government to integrate such training activities in any future programmes to promote the application of the Convention in the country.

7. Part V. Practical application. The Committee notes that the data on the participation of women and men in the public sector will soon be available and hopes that these will be included in the Government’s next report. It further notes the Government’s renewed request for technical assistance from the ILO to support the staff assigned to the statistical department to overcome the difficulties that persist in collecting the relevant data. The Committee hopes that the Government, while awaiting such assistance, will nevertheless collect whatever information is available (reports, studies, surveys or otherwise) that could to some extent demonstrate how the Convention is being applied in practice.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Articles 1 and 2 of the Convention. Legislation and national policy on equality of opportunity and treatment. The Committee notes that the Government continues to indicate in its report that there is no national policy on equality and that there is no discrimination in law or in practice since the Constitution and the General Labour Act prohibit discrimination by the employer on the grounds covered in the Convention. The Committee further notes in this context that the draft Uniform Labour Act of the Organization for the Harmonization of Business Law in Africa (OHADA) includes provisions promoting equality between men and women and prohibiting discrimination in accordance with the Convention. Noting that the draft Act is intended to have direct force of law in Guinea-Bissau once it is adopted, and that it will further strengthen the legal protection against discrimination in employment and occupation in Guinea‑Bissau, the Committee looks forward to its adoption. Nevertheless, the Committee recalls that, while the affirmation of the principle of equality in legal provisions is an important element of a national policy to promote equality of opportunity and treatment in employment and occupation as required by Article 2 of the Convention, it is equally important to take measures to ensure that the Convention’s provisions are fully applied in practice. It is also concerned over statements to the effect that no discrimination exists in law and in practice, particularly when no other details are given on the content and methods of promoting and implementing the national policy or on the employment situation of women and men and members of other groups covered by the Convention. While aware of the economic difficulties facing the country, the Committee hopes that the Government will make every effort to take measures towards the adoption of a national policy on equality of opportunity and treatment and to give practical effect to the legislative prohibition against discrimination, and provide information on the progress made in its next report.

2. Sexual harassment. The Committee notes that there continues to be an absence of national legislation on sexual harassment. It also notes that sections 59 and 60 of the draft Uniform Labour Act of OHADA, defining and prohibiting sexual harassment in the workplace and protecting against victimization, would fill the existing gap in national legislation. Awaiting its adoption, the Committee requests the Government to provide information on any other measures taken or envisaged to address sexual harassment such as educational programmes for workers and employers in the public and private sectors.

3. Article 3. Educational awareness and promotion. The Committee notes that due to existing economic difficulties in the country, the educational programmes to raise awareness about rights relating to non-discrimination and equality had to be discontinued. Considering the value of such programmes to the implementation of the Convention, the Committee hopes that the Government will soon be in a position to resume these activities, and requests the Government to keep it informed in this regard.

4. National authorities. The Committee notes the information in the Government’s report concerning the current government structures responsible for promoting equality between men and women. Please provide information in future reports on the specific activities carried out by the relevant institutions to promote the application of the Convention.

5. Access to vocational training. The Committee notes the Government’s indication that according to data from the National Centre for Administrative Training (CENFI), an increasing number of women are enrolling in the various courses, though women generally prefer computer or secretarial courses or courses which they consider easier than those provided by CENFI. The Committee reminds the Government that measures to encourage greater access of women to vocational training should be free from considerations based on stereotypes that reserve particular courses or occupations to either men or women, thus leading to occupational segregation based on sex. The Committee requests the Government to indicate the measures taken or envisaged to encourage the access of girls and women to training courses in which they are under-represented so as to afford them a greater chance of entry into the labour market. It also invites the Government to consider what measures may be taken to inform girls and women of the wide range of training courses and occupations open to them.

6. Part III of the report form. Enforcement. The Committee notes the importance given by the Government to increasing the qualifications of labour inspectors and training new labour inspectors, including in areas such as discrimination and equality. It takes due note of the Government’s renewed request for ILO technical assistance in this domain, and encourages the Government to integrate such training activities in any future programmes to promote the application of the Convention in the country.

7. Part V. Practical application. The Committee notes that the data on the participation of women and men in the public sector will soon be available and hopes that these will be included in the Government’s next report. It further notes the Government’s renewed request for technical assistance from the ILO to support the staff assigned to the statistical department to overcome the difficulties that persist in collecting the relevant data. The Committee hopes that the Government, while awaiting such assistance, will nevertheless collect whatever information is available (reports, studies, surveys or otherwise) that could to some extent demonstrate how the Convention is being applied in practice.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. Article 1(1)(a) of the Convention. Sexual harassment. The Committee takes note of the information provided in the Government’s report indicating that until the ratification of the Convention - which has become part of the legislation - there was no law on sexual harassment. The Committee hopes that the Government will be in a position to provide further information in its next report in relation to the various points raised in its general observation, e.g. the definition, the scope of who is protected and of this protection (vocational training, access to employment, etc.) and of liability (i.e. employers, co-workers, clients). In addition, the Committee requests the Government to consider enacting legislation in order to precise the abovementioned points and the enforcement mechanisms and procedural protection for victims and accused harassers.

2. Article 2. Lack of national policy on equality. The Committee hopes that the Government will provide detailed information in its next report on the manner in which the activities of the Permanent Council for Social Dialogue support the authorities to pursue a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation.

3. Article 3(b). Lack of legislation. The Committee notes the information provided by the Government indicating that consultations have been held with social partners - among other sectors - before discussing in the Permanent Council for Social Dialogue the draft legislation that will revise the General Labour Act, 1986. Noting that at present, no specific law beyond the Constitution or policy exists to prohibit discrimination and promote equality in employment and occupation, the Committee reiterates its hope that the draft Act will contain a prohibition of discrimination in accordance with Article 1 of the Convention. The Committee also hopes that the Government would be in a position to provide a copy of the draft Act in its next report.

4. Educational and awareness promotion. The Committee takes note of the information provided by the Government according to which workers are aware of their rights of non-discrimination through seminars and radio broadcasts. The Committee welcomes those initiatives and hopes the Government will promote awareness also among public and private sector employers.

5. Article 3(d). National authorities. The Committee takes note that the Parliamentary Commission that was to undertake a review of the legislation concerning women and children has been abolished. It also refers to the Government’s previous report, which indicated the establishment of a governmental institute on women and children. Given the recent events in the country, the Committee asks the Government to provide information on the currently existing institutions and authorities concerning women and gender equality. Please also supply information on the activities of these authorities, including programmes and legislative initiatives related to employment.

6. Article 3(e). Vocational education and training. In its previous comments, the Committee noted that out of 84 persons enrolled in training courses, only three were women. It takes note of the indication of the Government that equal access by women to the new general department for technical and professional training and non-formal education is guaranteed by article 25(1) of the Constitution. The Committee recalls that equal access to training should also be secured in practice and not only in legislation. The Committee trusts that the Government will adopt the necessary measures to enable a larger proportion of women be enrolled in training courses.

7. Part III of the report form. Enforcement. The Committee takes note that the Government remains optimistic about existing training and new labour inspectors on issues of discrimination and takes note of the Government’s request for technical assistance to support such training. It hopes that the Government will be able to report on the holding of this type of training and its impact in its next report, including any complaints which have been filed or resolved.

8. Part V of the report form. Practical information on application. The Committee notes that, once again, the Government states that there is no discrimination in law or practice in the country. The Committee remains concerned by this statement and the lack of any complaints or practical information in order to make any assessment on the actual employment situation in the country in relation to the grounds set out in the Convention. The Committee also refers to the Government’s statement in its report that the difficulties to collecting statistical data persist. It hopes that the Government will make an effort to collect, analyse and report on such information, including data on the participation of men and women in the public sector. The Committee also notes the Government’s request for technical assistant to support the training of staff assigned to the statistical department and hopes that it will be provided by the Office.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information contained in the Government’s report. It requests the Government to provide further information in its next report on the following points.

1. The Committee notes the list of contents of the draft legislation that will revise the General Labour Act, 1986. The Committee hopes the draft Act will contain a prohibition on discrimination in accordance with Article 1 of the Convention and that the part on the protection of women workers will be drafted in light of the objective of equality as well as protection. The Committee asks the Government to supply information on the development of the legislative process and to provide a copy of the draft Act in its next report.

2. The Committee once again notes that no supplementary legislation has been enacted pursuant to section 155(4) of the General Labour Act, 1986, that prescribes the adoption of complementary legislation to prevent women from being employed in hazardous occupations. The Committee invites the Government to consider the possibility of re-examining this provision, in consultation with the social partners, with a view to assessing whether it is still necessary to prohibit the access of women to certain occupations, in light of the improvements in conditions of work, changing attitudes and also the adoption by the ILO of its 1985 resolution on equal opportunities and equal treatment for men and women in employment and the Night Work Convention, 1990 (No. 171). Further, the Committee notes the Government’s statement that an employment policy is going to be adopted in the short term and that this document shall enhance the application of the principle of non-discrimination in employment, occupation and training on all the grounds set forth in the Convention. The Committee would be grateful if the Government would supply a copy of the policy document in its next report.

3. The Committee notes that a Parliamentary Commission has been established and it will undertake a review of the legislation concerning women and children. It also notes the establishment of a governmental institute on women and children. The Committee would appreciate receiving information on the activities and the results achieved by the Commission and the Institute. The Committee hopes the Commission will take into account the comments raised above on the legislation and the promotion of equality in employment and occupation.

4. The Committee notes the Government’s statement in its report that women’s participation in employment in the public service is increasing. However, no statistical data were supplied in the report. The Government indicated the difficulties it had in collecting and analysing statistics. The Committee notes this information and asks the Government to continue to make efforts to collect, analyse and supply information on the participation of men and women in the public sector.

5. The Committee notes the statistical data supplied by the Government on participation in training programmes. It notes that, out of 84 persons enrolled, only three women took part in the training courses. It further notes that the National Vocational Training Institute is going to be restructured and become the general department for technical and professional training and non-formal education. The Committee asks the Government to supply more detailed information on the new general department and urges the Government to take measures in order to enhance women’s participation in training programmes, since training and vocational guidance are of paramount importance in that they determine the actual possibilities of gaining access to employment and occupations (paragraph 77, 1988 General Survey).

6. The Committee notes the information in the Government’s report that in practice there is no discrimination, nor has there ever been a complaint of discrimination including under section 156(1) of the General Labour Act. The Committee is concerned by these statements given that no complaints usually means a lack of awareness and/or insufficient complaint mechanisms. It therefore asks the Government to provide information on the specific measures taken to increase awareness of workers of their rights of non-discrimination. Please also supply more details on whether the training of labour inspectors involved issues of discrimination or if such training is contemplated. Moreover, the Committee once again requests the Government to supply data on the number of inspections conducted, the violations identified, the actions taken and the outcomes.

7. The Committee would appreciate receiving information on measures taken by the Government to seek the cooperation of workers’ and employers’ organizations in accordance with Article 3(a) of the Convention, to promote application of the Convention.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the information contained in the Government’s report and attached documentation, particularly the copies of Constitutional Act No. 1/93 of 26 February 1993 and Decree No. 12-A/94 of 28 February 1994 (the Civil Service Act).

1.  The Committee notes with interest that section 22(1)(b) of the Civil Service Act provides that the recruitment and selection process for civil service staff must provide for, inter alia, "equality of conditions and opportunities for all candidates". The Committee notes that the Act is gender-neutral, including with regard to the allocation of employment-related benefits such as family allowances (see sections 71-76). The Committee further notes from the report that positive measures have been taken with respect to women, which have resulted in an increased percentage of women employed in both the public and private sectors. The Committee requests the Government to supply, in its next report, detailed information on the nature of the positive measures taken to promote women’s employment in Guinea-Bissau, including statistical data showing the percentages of men and women in public sector employment and their distribution in the different categories and at the different levels (1-5) of the public administration.

2.  The Committee notes from the report that, due to the political/military conflict, no training or retraining programmes were conducted during the reporting period. It requests the Government to supply information, once the programmes resume, on the nature of the vocational training and retraining programmes provided in enterprises and by the Technical Institute of Vocational Training and the percentages of men and women workers participating in the various programmes. Referring to its earlier requests for information on this point, the Committee would be grateful if the Government would provide the documents from the National Vocational Training Institute (INAFOR) on the percentages of men and women participating in the training programmes, as well as the regulations governing INAFOR, which the Government stated had been supplied with its 1995 report, but which were not received by the Office.

3.  The Committee notes the Government’s indication that no supplementary legislation has been enacted pursuant to section 155(4) of the General Labour Act, 1996, to establish conditions for or prohibitions against the employment of women in certain jobs. It also requests the Government to keep it informed of developments in this regard and to provide copies of any such supplementary legislation that may be adopted in the future. In this context, noting from the report that specific employment policy measures directed at women were issued by the former Ministry of Social Affairs and the Promotion of Women, the Committee would be grateful if the Government would supply a copy of the policy documents in its next report.

4.  In respect of its previous comments regarding the practical application of section 156(1) of the General Labour Act, 1996, the Committee notes the Government’s indication that, should discrimination on the basis of sex occur, the General Labour Inspectorate could intervene. The Committee again requests the Government to please supply concrete information on the practical application and enforcement of section 156(1) (protection against direct and indirect sex discrimination). Specifically, the Government is requested to provide information on any judicial or administrative decisions referring to section 156(1) as well as information on any complaints alleging a violation of said provision, including statistical data on the number of inspections conducted during the reporting period, the violations identified, the action taken and the outcomes. In this regard, the Government is requested to indicate any training provided to labour inspectors relevant to the application of the principle of non-discrimination set forth in the Convention.

5.  Noting that no complaints of discrimination on the basis of sex have been brought by women concerning access to employment, the Committee requests the Government to supply information on the measures taken to disseminate information to the public on the rights and remedies available to protect them against discrimination in employment and occupation.

6.  The Committee would be grateful if the Government would provide detailed information in its next report on the measures taken to promote the application of the principle of equal opportunity and treatment in employment and occupation on all the grounds, other than sex, set forth in Article 1(1)(a) of the Convention.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes the information supplied by the Government in its brief report for the period 1989-94, and in particular the adoption of Constitutional Act No. 1/93 of 26 February 1993 and Decree No. 12-A/94 of 28 February 1994 issuing the conditions of service of the public service. Since copies of these texts were not transmitted to the Office following their adoption, nor attached to the report, the Committee requests the Government to transmit them as soon as possible.

2. With regard to the programmes of vocational training and retraining provided in enterprises and by the Technical Institute for Vocational Training, the Committee notes that the document containing the information that it requested in its previous direct request, particularly on the percentages of men and women workers who have participated in these courses, and the regulations governing the Institute, which the Government stated had been annexed to the report, have not been received by the Office. It requests the Government to take the necessary steps to ensure that these documents are transmitted to it as soon as possible.

3. With reference to its previous comments concerning the implementation of the provisions of the General Labour Act of 1986, the Committee notes that the complementary legislation which, under section 155(4) of the Act, shall lay down conditions and prohibitions for the employment of women in certain jobs, has not yet been adopted. It requests the Government to supply information on the measures taken for the definitive adoption of this legislation and to transmit a copy as soon as it is adopted. The Committee would also be grateful if the Government would provide the information requested in its previous direct request concerning the effect given in practice to section 156(1) of the same Act.

4. With regard to the progress achieved in practice since the coming into force of the above Act of 1986 for the promotion of equality of opportunity and treatment in employment and occupation and the elimination of any discrimination based on any of the grounds set out in the Convention, the Government states that the Ministry of Social Affairs and the Promotion of Women is currently playing an important role in this respect through an awareness campaign and a programme for the integration of women into employment, particularly as a component of local and community development. The Committee would be grateful if the Government would provide detailed information in its next report on the implementation of this campaign and programme and on the results achieved.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes the information supplied by the Government in its brief report for the period 1989-94, and in particular the adoption of Constitutional Act No. 1/93 of 26 February 1993 and Decree No. 12-A/94 of 28 February 1994 issuing the conditions of service of the public service. Since copies of these texts were not transmitted to the Office following their adoption, nor attached to the report, the Committee requests the Government to transmit them as soon as possible.

2. With regard to the programmes of vocational training and retraining provided in enterprises and by the Technical Institute for Vocational Training, the Committee notes that the document containing the information that it requested in its previous direct request, particularly on the percentages of men and women workers who have participated in these courses, and the regulations governing the Institute, which the Government stated had been annexed to the report, have not been received by the Office. It requests the Government to take the necessary steps to ensure that these documents are transmitted to it as soon as possible.

3. With reference to its previous comments concerning the implementation of the provisions of the General Labour Act of 1986, the Committee notes that the complementary legislation which, under section 155(4) of the Act, shall lay down conditions and prohibitions for the employment of women in certain jobs, has not yet been adopted. It requests the Government to supply information on the measures taken for the definitive adoption of this legislation and to transmit a copy as soon as it is adopted. The Committee would also be grateful if the Government would provide the information requested in its previous direct request concerning the effect given in practice to section 156(1) of the same Act.

4. With regard to the progress achieved in practice since the coming into force of the above Act of 1986 for the promotion of equality of opportunity and treatment in employment and occupation and the elimination of any discrimination based on any of the grounds set out in the Convention, the Government states that the Ministry of Social Affairs and the Promotion of Women is currently playing an important role in this respect through an awareness campaign and a programme for the integration of women into employment, particularly as a component of local and community development. The Committee would be grateful if the Government would provide detailed information in its next report on the implementation of this campaign and programme and on the results achieved.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes the information supplied by the Government in its brief report for the period 1989-94, and in particular the adoption of Constitutional Act No. 1/93 of 26 February 1993 and Decree No. 12-A/94 of 28 February 1994 issuing the conditions of service of the public service. Since copies of these texts were not transmitted to the Office following their adoption, nor attached to the report, the Committee requests the Government to transmit them as soon as possible.

2. With regard to the programmes of vocational training and retraining provided in enterprises and by the Technical Institute for Vocational Training, the Committee notes that the document containing the information that it requested in its previous direct request, particularly on the percentages of men and women workers who have participated in these courses, and the regulations governing the Institute, which the Government stated had been annexed to the report, have not been received by the Office. It requests the Government to take the necessary steps to ensure that these documents are transmitted to it as soon as possible.

3. With reference to its previous comments concerning the implementation of the provisions of the General Labour Act of 1986, the Committee notes that the complementary legislation which, under section 155(4) of the Act, shall lay down conditions and prohibitions for the employment of women in certain jobs, has not yet been adopted. It requests the Government to supply information on the measures taken for the definitive adoption of this legislation and to transmit a copy as soon as it is adopted. The Committee would also be grateful if the Government would provide the information requested in its previous direct request concerning the effect given in practice to section 156(1) of the same Act.

4. With regard to the progress achieved in practice since the coming into force of the above Act of 1986 for the promotion of equality of opportunity and treatment in employment and occupation and the elimination of any discrimination based on any of the grounds set out in the Convention, the Government states that the Ministry of Social Affairs and the Promotion of Women is currently playing an important role in this respect through an awareness campaign and a programme for the integration of women into employment, particularly as a component of local and community development. The Committee would be grateful if the Government would provide detailed information in its next report on the implementation of this campaign and programme and on the results achieved.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes with regret that for the fifth consecutive time, the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes with interest the information provided by the Government with regard to vocational training and retraining courses provided both by individual enterprises and by the Technical Institute for Vocational Training. It requests the Government to include in its next report details about such vocational training and retraining courses, in particular about the percentages of men and women workers who have participated in such courses.

2. With regard to the revision of the conditions of employment in the public service, the Committee notes that the committee established to carry out a reform in the public service has completed its work, that the results thereof have been distributed to all government departments for comments, and that it was expected that by the end of 1988 the People's National Assembly would approve the Bill on this reform. The Committee hopes that the Government will include in its next report full information on the revised conditions of employment in the public service and that it will communicate a copy of the new Act when adopted.

3. The Committee notes that under section 155(4) of the General Labour Act, 1986, complementary legislation will lay down conditions and prohibitions for the employment of women in certain jobs. The Committee requests the Government to include in its next report copies of any such complementary legislation. It would also be grateful if the Government would supply information on the practical application of section 156(1) of the General Labour Act which provides that no restriction or preference on the ground of sex will apply to any offer of employment except in cases in which such distinction results essentially from the nature of the work, when the quality of such work done by men would be different from the quality of such work performed by women.

4. The Committee further requests the Government to supply information on any progress achieved in practice, since the entry into force of the General Labour Act, 1986, in promoting equality of opportunity and treatment in respect of employment and occupation, and in eliminating discrimination on any of the grounds mentioned in the Convention.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

1. The Committee notes the information supplied by the Government in its brief report for the period 1989-94, and in particular the adoption of Constitutional Act No. 1/93 of 26 February 1993 and Decree No. 12-A/94 of 28 February 1994 issuing the conditions of service of the public service. Since copies of these texts were not transmitted to the Office following their adoption, nor attached to the report, the Committee requests the Government to transmit them as soon as possible.

2. With regard to the programmes of vocational training and retraining provided in enterprises and by the Technical Institute for Vocational Training, the Committee notes that the document containing the information that it requested in its previous direct request, particularly on the percentages of men and women workers who have participated in these courses, and the regulations governing the Institute, which the Government stated had been annexed to the report, have not been received by the Office. It requests the Government to take the necessary steps to ensure that these documents are transmitted to it as soon as possible.

3. With reference to its previous comments concerning the implementation of the provisions of the General Labour Act of 1986, the Committee notes that the complementary legislation which, under section 155(4) of the Act, shall lay down conditions and prohibitions for the employment of women in certain jobs, has not yet been adopted. It requests the Government to supply information on the measures taken for the definitive adoption of this legislation and to transmit a copy as soon as it is adopted. The Committee would also be grateful if the Government would provide the information requested in its previous direct request concerning the effect given in practice to section 156(1) of the same Act.

4. With regard to the progress achieved in practice since the coming into force of the above Act of 1986 for the promotion of equality of opportunity and treatment in employment and occupation and the elimination of any discrimination based on any of the grounds set out in the Convention, the Government states that the Ministry of Social Affairs and the Promotion of Women is currently playing an important role in this respect through an awareness campaign and a programme for the integration of women into employment, particularly as a component of local and community development. The Committee would be grateful if the Government would provide detailed information in its next report on the implementation of this campaign and programme and on the results achieved.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes with interest the information provided by the Government with regard to vocational training and retraining courses provided both by individual enterprises and by the Technical Institute for Vocational Training. It requests the Government to include in its next report details about such vocational training and retraining courses, in particular about the percentages of men and women workers who have participated in such courses.

2. With regard to the revision of the conditions of employment in the public service, the Committee notes that the committee established to carry out a reform in the public service has completed its work, that the results thereof have been distributed to all government departments for comments, and that it was expected that by the end of 1988 the People's National Assembly would approve the Bill on this reform. The Committee hopes that the Government will include in its next report full information on the revised conditions of employment in the public service and that it will communicate a copy of the new Act when adopted.

3. The Committee notes that under section 155(4) of the General Labour Act, 1986, complementary legislation will lay down conditions and prohibitions for the employment of women in certain jobs. The Committee requests the Government to include in its next report copies of any such complementary legislation. It would also be grateful if the Government would supply information on the practical application of section 156(1) of the General Labour Act which provides that no restriction or preference on the ground of sex will apply to any offer of employment except in cases in which such distinction results essentially from the nature of the work, when the quality of such work done by men would be different from the quality of such work performed by women.

4. The Committee further requests the Government to supply information on any progress achieved in practice, since the entry into force of the General Labour Act, 1986, in promoting equality of opportunity and treatment in respect of employment and occupation, and in eliminating discrimination on any of the grounds mentioned in the Convention.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes with interest the information provided by the Government with regard to vocational training and retraining courses provided both by individual enterprises and by the Technical Institute for Vocational Training. It requests the Government to include in its next report details about such vocational training and retraining courses, in particular about the percentages of men and women workers who have participated in such courses.

2. With regard to the revision of the conditions of employment in the public service, the Committee notes that the committee established to carry out a reform in the public service has completed its work, that the results thereof have been distributed to all government departments for comments, and that it was expected that by the end of 1988 the People's National Assembly would approve the Bill on this reform. The Committee hopes that the Government will include in its next report full information on the revised conditions of employment in the public service and that it will communicate a copy of the new Act when adopted.

3. The Committee notes that under section 155(4) of the General Labour Act, 1986, complementary legislation will lay down conditions and prohibitions for the employment of women in certain jobs. The Committee requests the Government to include in its next report copies of any such complementary legislation. It would also be grateful if the Government would supply information on the practical application of section 156(1) of the General Labour Act which provides that no restriction or preference on the ground of sex will apply to any offer of employment except in cases in which such distinction results essentially from the nature of the work, when the quality of such work done by men would be different from the quality of such work performed by women.

4. The Committee further requests the Government to supply information on any progress achieved in practice, since the entry into force of the General Labour Act, 1986, in promoting equality of opportunity and treatment in respect of employment and occupation, and in eliminating discrimination on any of the grounds mentioned in the Convention.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes with interest the information provided by the Government with regard to vocational training and retraining courses provided both by individual enterprises and by the Technical Institute for Vocational Training. It requests the Government to include in its next report details about such vocational training and retraining courses, in particular about the percentages of men and women workers who have participated in such courses.

2. With regard to the revision of the conditions of employment in the public service, the Committee notes that the committee established to carry out a reform in the public service has completed its work, that the results thereof have been distributed to all government departments for comments, and that it was expected that by the end of 1988 the People's National Assembly would approve the Bill on this reform. The Committee hopes that the Government will include in its next report full information on the revised conditions of employment in the public service and that it will communicate a copy of the new Act when adopted.

3. The Committee notes that under section 155(4) of the General Labour Act, 1986, complementary legislation will lay down conditions and prohibitions for the employment of women in certain jobs. The Committee requests the Government to include in its next report copies of any such complementary legislation. It would also be grateful if the Government would supply information on the practical application of section 156(1) of the General Labour Act which provides that no restriction or preference on the ground of sex will apply to any offer of employment except in cases in which such distinction results essentially from the nature of the work, when the quality of such work done by men would be different from the quality of such work performed by women.

4. The Committee further requests the Government to supply information on any progress achieved in practice, since the entry into force of the General Labour Act, 1986, in promoting equality of opportunity and treatment in respect of employment and occupation, and in eliminating discrimination on any of the grounds mentioned in the Convention.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes with interest the information provided by the Government with regard to vocational training and retraining courses provided both by individual enterprises and by the Technical Institute for Vocational Training. It requests the Government to include in its next report details about such vocational training and retraining courses, in particular about the percentages of men and women workers who have participated in such courses.

2. With regard to the revision of the conditions of employment in the public service, the Committee notes that the committee established to carry out a reform in the public service has completed its work, that the results thereof have been distributed to all government departments for comments, and that it was expected that by the end of 1988 the People's National Assembly would approve the Bill on this reform. The Committee hopes that the Government will include in its next report full information on the revised conditions of employment in the public service and that it will communicate a copy of the new Act when adopted.

3. The Committee notes that under section 155(4) of the General Labour Act, 1986, complementary legislation will lay down conditions and prohibitions for the employment of women in certain jobs. The Committee requests the Government to include in its next report copies of any such complementary legislation. It would also be grateful if the Government would supply information on the practical application of section 156(1) of the General Labour Act which provides that no restriction or preference on the ground of sex will apply to any offer of employment except in cases in which such distinction results essentially from the nature of the work, when the quality of such work done by men would be different from the quality of such work performed by women.

4. The Committee further requests the Government to supply information on any progress achieved in practice, since the entry into force of the General Labour Act, 1986, in promoting equality of opportunity and treatment in respect of employment and occupation, and in eliminating discrimination on any of the grounds mentioned in the Convention.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes the Government's report and the answers provided to its previous direct request.

1. The Committee notes with interest the information provided by the Government with regard to vocational training and retraining courses provided both by individual enterprises and by the Technical Institute for Vocational Training. It requests the Government to include in its next report details about such vocational training and retraining courses, in particular about the percentages of men and women workers who have participated in such courses.

2. With regard to the revision of the conditions of employment in the public service, the Committee notes that the committee established to carry out a reform in the public service has completed its work, that the results thereof have been distributed to all government departments for comments, and that it was expected that by the end of 1988 the People's National Assembly would approve the Bill on this reform. The Committee hopes that the Government will include in its next report full information on the revised conditions of employment in the public service and that it will communicate a copy of the new Act when adopted.

3. The Committee notes that under section 155(4) of the General Labour Act, 1986, complementary legislation will lay down conditions and prohibitions for the employment of women in certain jobs. The Committee requests the Government to include in its next report copies of any such complementary legislation. It would also be grateful if the Government would supply information on the practical application of section 156(1) of the General Labour Act which provides that no restriction or preference on the ground of sex will apply to any offer of employment except in cases in which such distinction results essentially from the nature of the work, when the quality of such work done by men would be different from the quality of such work performed by women.

4. The Committee further requests the Government to supply information on any progress achieved in practice, since the entry into force of the General Labour Act, 1986, in promoting equality of opportunity and treatment in respect of employment and occupation, and in eliminating discrimination on any of the grounds mentioned in the Convention.