Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Equatorial Guinea (Ratification: 2001)

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes with deep concern that the Government’s report, due since 2009, has not been received. In light of the urgent appeal launched to the Government in 2020, the Committee proceeds with the examination of the application of the Convention on the basis of the information at its disposal.

Article 1(1)(a) of the Convention. Prohibited grounds of discrimination and sexual harassment. The Committee notes that section 1(3)(d) of the General Labour (Reforms) Act of 2012 includes the ground of “religion” under the prohibited grounds of discrimination. The Committee also notes, from the information available on the Government’s web page, that a preliminary draft of a General Labour Act that will amend the General Labour (Reforms) Act of 2012, section 46(m) of which provides for the prohibition of “any act of harassment or conduct that invades the privacy of a worker of either sex by the employer or any hierarchical superior”, such prohibition being directed at “any employer”. The Committee recalls that sexual harassment is a serious manifestation of sex discrimination and that the measures to prevent and prohibit sexual harassment at work should address both sexual harassment that is assimilated to blackmail (quid pro quo harassment) and hostile environment sexual harassment, and that without a clear definition and prohibition of both forms of sexual harassment, it remains doubtful whether the legislation effectively addresses all forms of sexual harassment (see 2012 General Survey on the fundamental Conventions, paragraphs 789 and 791). Equally, the Committee recalls that in its general observation of 2002, it requested Governments to provide information on the scope of liability for sexual harassment, that is, employers, supervisors and co-workers and, where possible, clients or other persons met in connection with performance of work duties. The Committee requests the Government to provide information on progress in the discussion and adoption of the draft Labour Code and, in particular, on the measures adopted to ensure that this draft defines and prohibits both sexual harassment that is assimilated to blackmail (quid pro quo harassment) and hostile environment sexual harassment whether perpetrated by the employer, supervisor, a co-worker or any other person met in connection with the performance of work duties.

Articles 1(1)(b) and 5. Other grounds of discrimination. Special measures. In its previous comment, the Committee requested the Government to provide information on the application in practice of section 1(3)(d) of the General Labour (Reforms) Act of 2012 and section 62 of the National Employment Policy Act, as amended by Act No. 6/1999 as it relates to older workers, young first-time jobseekers, and persons with disabilities. The Committee notes from the preliminary draft of the General Labour Act, that its section 2(6) makes no reference to facilitation of recruitment of older workers, first-time jobseekers and workers with disabilities, but refers more broadly to the adoption of measures to facilitate access to employment of more vulnerable groups. In this connection, the Committee recalls that under Article 1(1)(b) of the Convention, beyond the grounds for discrimination included under Article 1(1)(a) further grounds of discrimination may be specified, such as age or disability, after consultation with representative employers’ and workers’ organizations. The Committee requests the Government to provide information on which groups are considered to be included among the “most vulnerable social groups” and whether they include older workers, young, first-time jobseekers and persons with disabilities. The Committee also invites the Government to consider including age and disability among the grounds for discrimination prohibited in the draft Labour Code. The Committee once again requests the Government to provide information on the application in practice of section 62 of the National Employment Policy (Reforms) Act.

Articles 2 and 3. National policy to promote equality of opportunity and treatment. In its previous comments, the Committee requested the Government to indicate whether it has a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation. The Committee notes that the National Social and Economic Development Plan Horizon 2020, available on the Government’s web page, includes: (1) an affirmation that the implementation and strategic decisions taken under the Plan will respect the principle of no discrimination on the grounds of sex, race, colour, language, religion, political opinion, national and social origin, and (2) Part 5.1, which aims to promote productive employment among vulnerable groups such as the young, women and persons with disabilities. The Committee also observes that the United Nations Development Assistance Framework for Equatorial Guinea (UNDAF) 2019-2023, available on the United Nations web page, includes fair and inclusive education with gender equality (outcome 1.1); improved and equitable access to decent work opportunities, supported by policies to promote development, for the young, for women and for persons with disabilities (outcome 2.2); sustainable social protection to cover the needs of persons in a situation of vulnerability (outcome 1.2). The Committee notes from the 2020 Results Report for UNDAF 2019-2023 that 988 persons have benefited from technical and material support to enhance their occupational capacities and gain skills aligned with the requirements of the labour market. Moreover, the Committee observes that the Government, in its 2019 report under the national-level review of implementation of the Beijing Declaration and Platform for Action, 1995 (Beijing +25 national report), indicates that since implementation of the National Multisectoral Action Plan to Promote Women and Gender Equality (2005-2015), no further measures have been adopted, and that it is preparing the adoption of the National Plan for Strategic Multisectoral Action on Gender 2020-2024. The Committee requests the Government to provide information on the implementation of the National Social and Economic Development Plan Horizon 2020 and of the UNDAF 2019-2023 with a view to giving effect to the provisions of this Convention, including information disaggregated by sex on the number of beneficiaries, and measures taken to ensure follow-up and evaluation of the results. The Committee also requests the Government to provide information on progress in the adoption and implementation of the National Plan for Strategic Multisectoral Action on Gender 2020-2024.

General observation of 2018. The Committee wishes to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction, adopted in 2018. In this 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. Moreover, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population. The Committee draws the Government’s attention to its general observation of 2018 and requests it to provide information in response to the issues raised in this observation.

Article 3(c). Education of pregnant girls. The Committee observes from the reports submitted by the Government in the framework of the Universal Periodic Review, that Ministerial Order No. 1 of 18 July 2017 prohibits pregnant girls from attending school. The same report indicates that in its 2017 report, the Office of the Ombudsman described the administrative provision as unconstitutional and recommended the adoption of other measures for the protection and education of pregnant girls (CCPR/C/GNQ/RQAR/1, paragraph 40, and A/HRC/WG.6/33/GNQ/1, paragraph 54). Recalling that each Member State for which this Convention is in force shall, in compliance with Article 3(c), repeal any statutory provisions which are inconsistent with equality of treatment and opportunity, the Committee requests the Government to provide information on whether Ministerial Order No. 1 of 18 July 2017 is still in force.

Article 4. Measures affecting individuals suspected of activities prejudicial to the security of the State. The Committee once again requests the Government to provide information concerning the practical application of Article 4 of the Convention, as well as specific information on the procedures establishing the right to appeal to a competent and independent body.

Statistics. The Committee requests the Government to provide statistical data disaggregated by sex, race, ethnic origin and religion on employment and vocational training, together with any other information that could enable the Committee to evaluate more fully the practical application of the Convention.

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

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2021, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

The Committee notes that the Government did not take the opportunity provided by the enactment of the Fundamental Act of Equatorial Guinea, on 16 February 2012, and of the General Labour Reforms Act (No. 10/2012), on 24 December 2012, to address the matters raised by the Committee.

Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. The Committee notes that section 15 of the Fundamental Act of 2012 (previously section 15 of the Fundamental Act of 1995) provides that any bias or discrimination on tribal, ethnic, gender-related, religious, social, political or any other similar grounds, when duly ascertained, is punishable by law. Further, under section 1(3)(d) of the General Labour (Reforms) Act of 2012 (previously section 1(4) of the General Labour Act, 1990) the State guarantees equality of opportunity and treatment in employment and occupation and provides that no one may be subjected to discrimination, that is, to any distinction, exclusion or preference on grounds of race, colour, sex, political opinion, national extraction, social origin or trade union affiliation. The Committee notes that while section 1(3)(d) of the General Labour (Reforms) Act of 2012, continues to omit reference to religion as one of the prohibited grounds of discrimination, that ground is included in section 15 of the Fundamental Act of 2012. The Committee recalls that where provisions are adopted in order to give effect to the principles in the Convention, they should include at least all of the grounds of discrimination laid down in Article 1(1)(a) (see 2012 General Survey on the fundamental Conventions, paragraph 853). The Committee therefore urges the Government to take steps to add the ground of “religion” to the list of prohibited grounds of discrimination at the earliest opportunity. The Committee once again asks the Government to provide information on the practical application of section 15 of the Fundamental Act of 2012, and of section 1(3)(d) of the General Labour (Reforms) Act of 2012, and to indicate whether any administrative or judicial decisions have been handed down concerning these provisions, and if so, to provide details thereof.

Articles 1(1)(b) and 5. Other grounds. Special measures. The Committee notes that section 1(4) of the General Labour Act of 1990 (now section 1(3)(d) of the General Labour (Reforms) Act of 2012) makes provision for facilitating the recruitment of older workers and those with reduced working capacity. The Committee had previously requested a copy of the National Employment Policy (Reforms) Act No. 6/1999 of 6 December 1999. It notes that section 62 of the National Employment Policy Act No. 6/1992 of 3 January 1992, as amended by the National Employment Policy (Reforms) Act of 1999, provides for the adoption of governmental programmes aimed at promoting employment among workers facing obstacles to entering the labour market, especially young first-time jobseekers, women, men older than 45 years of age and persons with disabilities. The Government is asked to supply information on the practical application of the abovementioned provisions as it relates to older workers, young first-time jobseekers, and persons with disabilities.

Articles 2 and 3. National policy to promote equality of opportunity and treatment. The Committee recalls that discrimination in employment and occupation is a universal phenomenon that is constantly evolving, and that some manifestations of discrimination have acquired more subtle and less visible forms. It is therefore essential to acknowledge that no society is free from discrimination and that continuous action is required to address it. Moreover, the results achieved in the implementation of the national equality policy and programmes must be periodically assessed so that they can be adapted to the population’s needs, particularly for those groups that are most vulnerable to discrimination (see 2012 General Survey, paragraphs 731 and 847). The Committee asks the Government to indicate whether it has a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation, and describe how it is implemented (legal procedures, practical measures, etc.) in each of the following spheres: (i) access to vocational training; (ii) access to employment and to particular occupations; (iii) terms and conditions of employment. The Committee asks the Government to take specific steps with a view to assessing the results of the implementation of the national equality policy and to provide information on its impact on the different sections of the population and to supply statistical data disaggregated by sex, race, ethnic origin and religion on employment and vocational training and any other information which would enable the Committee to evaluate more fully the manner in which the Convention is applied in practice.

Article 4. Measures affecting individuals suspected of activities prejudicial to the security of the State. The Committee once again asks the Government to provide information concerning the practical application of Article 4 of the Convention, as well as specific information on the procedures establishing the right to appeal to a competent and independent body.

The Committee expects that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

The Committee notes that the Government did not take the opportunity provided by the enactment of the Fundamental Act of Equatorial Guinea, on 16 February 2012, and of the General Labour Reforms Act (No. 10/2012), on 24 December 2012, to address the matters raised by the Committee.

Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. The Committee notes that section 15 of the Fundamental Act of 2012 (previously section 15 of the Fundamental Act of 1995) provides that any bias or discrimination on tribal, ethnic, gender-related, religious, social, political or any other similar grounds, when duly ascertained, is punishable by law. Further, under section 1(3)(d) of the General Labour (Reforms) Act of 2012 (previously section 1(4) of the General Labour Act, 1990) the State guarantees equality of opportunity and treatment in employment and occupation and provides that no one may be subjected to discrimination, that is, to any distinction, exclusion or preference on grounds of race, colour, sex, political opinion, national extraction, social origin or trade union affiliation. The Committee notes that while section 1(3)(d) of the General Labour (Reforms) Act of 2012, continues to omit reference to religion as one of the prohibited grounds of discrimination, that ground is included in section 15 of the Fundamental Act of 2012. The Committee recalls that where provisions are adopted in order to give effect to the principles in the Convention, they should include at least all of the grounds of discrimination laid down in Article 1(1)(a) (see 2012 General Survey on the fundamental Conventions, paragraph 853). The Committee therefore urges the Government to take steps to add the ground of “religion” to the list of prohibited grounds of discrimination at the earliest opportunity. The Committee once again asks the Government to provide information on the practical application of section 15 of the Fundamental Act of 2012, and of section 1(3)(d) of the General Labour (Reforms) Act of 2012, and to indicate whether any administrative or judicial decisions have been handed down concerning these provisions, and if so, to provide details thereof.

Articles 1(1)(b) and 5. Other grounds. Special measures. The Committee notes that section 1(4) of the General Labour Act of 1990 (now section 1(3)(d) of the General Labour (Reforms) Act of 2012) makes provision for facilitating the recruitment of older workers and those with reduced working capacity. The Committee had previously requested a copy of the National Employment Policy (Reforms) Act No. 6/1999 of 6 December 1999. It notes that section 62 of the National Employment Policy Act No. 6/1992 of 3 January 1992, as amended by the National Employment Policy (Reforms) Act of 1999, provides for the adoption of governmental programmes aimed at promoting employment among workers facing obstacles to entering the labour market, especially young first-time jobseekers, women, men older than 45 years of age and persons with disabilities. The Government is asked to supply information on the practical application of the abovementioned provisions as it relates to older workers, young first-time jobseekers, and persons with disabilities.

Articles 2 and 3. National policy to promote equality of opportunity and treatment. The Committee recalls that discrimination in employment and occupation is a universal phenomenon that is constantly evolving, and that some manifestations of discrimination have acquired more subtle and less visible forms. It is therefore essential to acknowledge that no society is free from discrimination and that continuous action is required to address it. Moreover, the results achieved in the implementation of the national equality policy and programmes must be periodically assessed so that they can be adapted to the population’s needs, particularly for those groups that are most vulnerable to discrimination (see 2012 General Survey, paragraphs 731 and 847). The Committee asks the Government to indicate whether it has a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation, and describe how it is implemented (legal procedures, practical measures, etc.) in each of the following spheres: (i) access to vocational training; (ii) access to employment and to particular occupations; (iii) terms and conditions of employment. The Committee asks the Government to take specific steps with a view to assessing the results of the implementation of the national equality policy and to provide information on its impact on the different sections of the population and to supply statistical data disaggregated by sex, race, ethnic origin and religion on employment and vocational training and any other information which would enable the Committee to evaluate more fully the manner in which the Convention is applied in practice.

Article 4. Measures affecting individuals suspected of activities prejudicial to the security of the State. The Committee once again asks the Government to provide information concerning the practical application of Article 4 of the Convention, as well as specific information on the procedures establishing the right to appeal to a competent and independent body.

The Committee expects that the Government will make every effort to take the necessary action in the near future.

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

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2008.

Repetition

The Committee notes that the Government did not take the opportunity provided by the enactment of the Fundamental Act of Equatorial Guinea, on 16 February 2012, and of the General Labour Reforms Act (No. 10/2012), on 24 December 2012, to address the matters raised by the Committee.

Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. The Committee notes that section 15 of the Fundamental Act of 2012 (previously section 15 of the Fundamental Act of 1995) provides that any bias or discrimination on tribal, ethnic, gender-related, religious, social, political or any other similar grounds, when duly ascertained, is punishable by law. Further, under section 1(3)(d) of the General Labour (Reforms) Act of 2012 (previously section 1(4) of the General Labour Act, 1990) the State guarantees equality of opportunity and treatment in employment and occupation and provides that no one may be subjected to discrimination, that is, to any distinction, exclusion or preference on grounds of race, colour, sex, political opinion, national extraction, social origin or trade union affiliation. The Committee notes that while section 1(3)(d) of the General Labour (Reforms) Act of 2012, continues to omit reference to religion as one of the prohibited grounds of discrimination, that ground is included in section 15 of the Fundamental Act of 2012. The Committee recalls that where provisions are adopted in order to give effect to the principles in the Convention, they should include at least all of the grounds of discrimination laid down in Article 1(1)(a) (see 2012 General Survey on the fundamental Conventions, paragraph 853). The Committee therefore urges the Government to take steps to add the ground of “religion” to the list of prohibited grounds of discrimination at the earliest opportunity. The Committee once again asks the Government to provide information on the practical application of section 15 of the Fundamental Act of 2012, and of section 1(3)(d) of the General Labour (Reforms) Act of 2012, and to indicate whether any administrative or judicial decisions have been handed down concerning these provisions, and if so, to provide details thereof.

Articles 1(1)(b) and 5. Other grounds. Special measures. The Committee notes that section 1(4) of the General Labour Act of 1990 (now section 1(3)(d) of the General Labour (Reforms) Act of 2012) makes provision for facilitating the recruitment of older workers and those with reduced working capacity. The Committee had previously requested a copy of the National Employment Policy (Reforms) Act No. 6/1999 of 6 December 1999. It notes that section 62 of the National Employment Policy Act No. 6/1992 of 3 January 1992, as amended by the National Employment Policy (Reforms) Act of 1999, provides for the adoption of governmental programmes aimed at promoting employment among workers facing obstacles to entering the labour market, especially young first-time jobseekers, women, men older than 45 years of age and persons with disabilities. The Government is asked to supply information on the practical application of the abovementioned provisions as it relates to older workers, young first-time jobseekers, and persons with disabilities.

Articles 2 and 3. National policy to promote equality of opportunity and treatment. The Committee recalls that discrimination in employment and occupation is a universal phenomenon that is constantly evolving, and that some manifestations of discrimination have acquired more subtle and less visible forms. It is therefore essential to acknowledge that no society is free from discrimination and that continuous action is required to address it. Moreover, the results achieved in the implementation of the national equality policy and programmes must be periodically assessed so that they can be adapted to the population’s needs, particularly for those groups that are most vulnerable to discrimination (see 2012 General Survey, paragraphs 731 and 847). The Committee asks the Government to indicate whether it has a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation, and describe how it is implemented (legal procedures, practical measures, etc.) in each of the following spheres: (i) access to vocational training; (ii) access to employment and to particular occupations; (iii) terms and conditions of employment. The Committee asks the Government to take specific steps with a view to assessing the results of the implementation of the national equality policy and to provide information on its impact on the different sections of the population and to supply statistical data disaggregated by sex, race, ethnic origin and religion on employment and vocational training and any other information which would enable the Committee to evaluate more fully the manner in which the Convention is applied in practice.

Article 4. Measures affecting individuals suspected of activities prejudicial to the security of the State. The Committee once again asks the Government to provide information concerning the practical application of Article 4 of the Convention, as well as specific information on the procedures establishing the right to appeal to a competent and independent body.

The Committee expects that the Government will make every effort to take the necessary action in the near future.

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

The Committee notes with regret that, in spite of the numerous requests, the Government failed once again to submit a report. The Committee notes that the Government did not take the opportunity provided by the enactment of the Fundamental Act of Equatorial Guinea, on 16 February 2012, and of the General Labour Reforms Act (No. 10/2012), on 24 December 2012, to address the matters raised by the Committee in its previous comments initially made in 2008.

Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. The Committee notes that section 15 of the Fundamental Act of 2012 (previously section 15 of the Fundamental Act of 1995) provides that any bias or discrimination on tribal, ethnic, gender-related, religious, social, political or any other similar grounds, when duly ascertained, is punishable by law. Further, under section 1(3)(d) of the General Labour (Reforms) Act of 2012 (previously section 1(4) of the General Labour Act, 1990) the State guarantees equality of opportunity and treatment in employment and occupation and provides that no one may be subjected to discrimination, that is, to any distinction, exclusion or preference on grounds of race, colour, sex, political opinion, national extraction, social origin or trade union affiliation. The Committee notes that while section 1(3)(d) of the General Labour (Reforms) Act of 2012, continues to omit reference to religion as one of the prohibited grounds of discrimination, that ground is included in section 15 of the Fundamental Act of 2012. The Committee recalls that where provisions are adopted in order to give effect to the principles in the Convention, they should include at least all of the grounds of discrimination laid down in Article 1(1)(a) (see General Survey on the fundamental Conventions, 2012, paragraph 853). The Committee therefore urges the Government to take steps to add the ground of “religion” to the list of prohibited grounds of discrimination at the earliest opportunity. The Committee once again asks the Government to provide information on the practical application of section 15 of the Fundamental Act of 2012, and of section 1(3)(d) of the General Labour (Reforms) Act of 2012, and to indicate whether any administrative or judicial decisions have been handed down concerning these provisions, and if so, to provide details thereof.

Articles 1(1)(b) and 5. Other grounds. Special measures. The Committee notes that section 1(4) of the General Labour Act of 1990 (now section 1(3)(d) of the General Labour (Reforms) Act of 2012) makes provision for facilitating the recruitment of older workers and those with reduced working capacity. The Committee had previously requested a copy of the National Employment Policy (Reforms) Act No. 6/1999 of 6 December 1999. It notes that section 62 of the National Employment Policy Act No. 6/1992 of 3 January 1992, as amended by the National Employment Policy (Reforms) Act of 1999, provides for the adoption of governmental programmes aimed at promoting employment among workers facing obstacles to entering the labour market, especially young first-time jobseekers, women, men older than 45 years of age and persons with disabilities. The Government is asked to supply information on the practical application of the abovementioned provisions as it relates to older workers, young first-time jobseekers, and persons with disabilities.

Articles 2 and 3. National policy to promote equality of opportunity and treatment. The Committee recalls that discrimination in employment and occupation is a universal phenomenon that is constantly evolving, and that some manifestations of discrimination have acquired more subtle and less visible forms. It is therefore essential to acknowledge that no society is free from discrimination and that continuous action is required to address it. Moreover, the results achieved in the implementation of the national equality policy and programmes must be periodically assessed so that they can be adapted to the population’s needs, particularly for those groups that are most vulnerable to discrimination (see General Survey, 2012, paragraphs 731 and 847). The Committee asks the Government to indicate whether it has a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation, and describe how it is implemented (legal procedures, practical measures, etc.) in each of the following spheres: (i) access to vocational training; (ii) access to employment and to particular occupations; (iii) terms and conditions of employment. The Committee asks the Government to take specific steps with a view to assessing the results of the implementation of the national equality policy and to provide information on its impact on the different sections of the population and to supply statistical data disaggregated by sex, race, ethnic origin and religion on employment and vocational training and any other information which would enable the Committee to evaluate more fully the manner in which the Convention is applied in practice.

Article 4. Measures affecting individuals suspected of activities prejudicial to the security of the State. The Committee once again asks the Government to provide information concerning the practical application of Article 4 of the Convention, as well as specific information on the procedures establishing the right to appeal to a competent and independent body.

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

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

Repetition

Article 1(1)(a) of the Convention. The Committee notes that section 15 of the Fundamental Law prohibits discrimination on tribal, ethnic, gender-related, religious, social, political or any other similar grounds. Under section 4 of the Labour Act, the State guarantees equality of opportunity and treatment in employment and occupation and nobody may be subjected to discrimination, i.e. to any distinction, exclusion or preference on grounds of race, colour, sex, political opinion, national extraction, social origin or trade union affiliation. The Committee notes that section 4 of the Labour Act makes no reference to religion as one of the prohibited grounds of discrimination but that this criterion is included in section 15 of the Fundamental Law. The Committee asks the Government to provide information on the practical application of section 15 of the Fundamental Law and section 4 of the Labour Act, and whether there have been any administrative or judicial decisions handed down concerning these provisions, and if so, details thereof. Please indicate whether married women need any authorization to engage in trade or any type of employment or occupation.

Article 1(1)(b). Other criteria. The Committee notes that section 4 of the Labour Act provides for facilitating the recruitment of older workers and those with reduced working capacity. Please supply information on the practical application of section 4 of the Labour Act as it relates to older workers and those with reduced capacity.

Article 2. The Committee noted in its comments on the Equal Remuneration Convention, 1951 (No. 100), that Presidential Decree No. 70/2002 of 27 May 2002 establishes the national policy for the promotion of women (PNPM) and that it is working on a draft plan of action designed to apply this policy. The Committee asks the Government to provide information on any action taken to apply the plan, the results achieved and any difficulties encountered. The Committee would also be grateful if the Government would clarify whether national policies exist to promote other categories of workers who might suffer discrimination under the categories set forth in Article 1 of the Convention.

Vocational training. The Committee notes the Government’s statement on the low qualifications of the workforce and that consequently the focus is placed on vocational training in enterprises. The Government supports training and recruitment for the most vulnerable categories of workers. For example, section 62 of the Act governing national employment policy states that when enterprises recruit women, young persons, men over 45 years of age or disabled persons, the Government will offer free and preferential vocational training and also a discount on social security contributions. The Committee asks the Government to supply information on the practical application of this provision.

Labour inspection. The Committee notes that the Government indicates that it has serious deficiencies in human and material capacities and resources and that for this reason section 1.11 of the General Labour Act states that the “civil and military authorities ... shall lend their assistance to the labour authorities to enforce the provisions of this Act”.

The Committee encourages the Government to supply more detailed information on the questions raised by the Committee and in the report form. It would be grateful if the Government would include documents on policies and statistical data disaggregated if possible by sex, race, ethnic origin and religion on employment and vocational training and any other information which would enable the Committee to evaluate more fully the manner in which the Convention is applied in practice.

Article 4. Measures affecting individuals suspected of activities prejudicial to the security of the State. The Committee requests the Government to provide information concerning the practical application of Article 4 of the Convention as well as specific information on the procedures establishing the right of appeal available to persons covered under this Article.

Article 5. Special measures. The Committee notes the Government’s statement that the special protection provided in Title III of Law No. 6 of 6 December 1999 is not deemed to be discrimination. The Committee asks the Government to provide a copy of the said legislation in its next report.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

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

Repetition

Article 1(1)(a) of the Convention. The Committee notes that section 15 of the Fundamental Law prohibits discrimination on tribal, ethnic, gender-related, religious, social, political or any other similar grounds. Under section 4 of the Labour Act, the State guarantees equality of opportunity and treatment in employment and occupation and nobody may be subjected to discrimination, i.e. to any distinction, exclusion or preference on grounds of race, colour, sex, political opinion, national extraction, social origin or trade union affiliation. The Committee notes that section 4 of the Labour Act makes no reference to religion as one of the prohibited grounds of discrimination but that this criterion is included in section 15 of the Fundamental Law. The Committee asks the Government to provide information on the practical application of section 15 of the Fundamental Law and section 4 of the Labour Act, and whether there have been any administrative or judicial decisions handed down concerning these provisions, and if so, details thereof. Please indicate whether married women need any authorization to engage in trade or any type of employment or occupation.

Article 1(1)(b). Other criteria. The Committee notes that section 4 of the Labour Act provides for facilitating the recruitment of older workers and those with reduced working capacity. Please supply information on the practical application of section 4 of the Labour Act as it relates to older workers and those with reduced capacity.

Article 2. The Committee noted in its comments on the Equal Remuneration Convention, 1951 (No. 100), that Presidential Decree No. 70/2002 of 27 May 2002 establishes the national policy for the promotion of women (PNPM) and that it is working on a draft plan of action designed to apply this policy. The Committee asks the Government to provide information on any action taken to apply the plan, the results achieved and any difficulties encountered. The Committee would also be grateful if the Government would clarify whether national policies exist to promote other categories of workers who might suffer discrimination under the categories set forth in Article 1 of the Convention.

Vocational training. The Committee notes the Government’s statement on the low qualifications of the workforce and that consequently the focus is placed on vocational training in enterprises. The Government supports training and recruitment for the most vulnerable categories of workers. For example, section 62 of the Act governing national employment policy states that when enterprises recruit women, young persons, men over 45 years of age or disabled persons, the Government will offer free and preferential vocational training and also a discount on social security contributions. The Committee asks the Government to supply information on the practical application of this provision.

Labour inspection. The Committee notes that the Government indicates that it has serious deficiencies in human and material capacities and resources and that for this reason section 1.11 of the General Labour Act states that the “civil and military authorities ... shall lend their assistance to the labour authorities to enforce the provisions of this Act”.

The Committee encourages the Government to supply more detailed information on the questions raised by the Committee and in the report form. It would be grateful if the Government would include documents on policies and statistical data disaggregated if possible by sex, race, ethnic origin and religion on employment and vocational training and any other information which would enable the Committee to evaluate more fully the manner in which the Convention is applied in practice.

Article 4. Measures affecting individuals suspected of activities prejudicial to the security of the State. The Committee requests the Government to provide information concerning the practical application of Article 4 of the Convention as well as specific information on the procedures establishing the right of appeal available to persons covered under this Article.

Article 5. Special measures. The Committee notes the Government’s statement that the special protection provided in Title III of Law No. 6 of 6 December 1999 is not deemed to be discrimination. The Committee asks the Government to provide a copy of the said legislation in its next report.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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 comments.

Repetition

Article 1(1)(a) of the Convention. The Committee notes that section 15 of the Fundamental Law prohibits discrimination on tribal, ethnic, gender-related, religious, social, political or any other similar grounds. Under section 4 of the Labour Act, the State guarantees equality of opportunity and treatment in employment and occupation and nobody may be subjected to discrimination, i.e. to any distinction, exclusion or preference on grounds of race, colour, sex, political opinion, national extraction, social origin or trade union affiliation. The Committee notes that section 4 of the Labour Act makes no reference to religion as one of the prohibited grounds of discrimination but that this criterion is included in section 15 of the Fundamental Law. The Committee asks the Government to provide information on the practical application of section 15 of the Fundamental Law and section 4 of the Labour Act, and whether there have been any administrative or judicial decisions handed down concerning these provisions, and if so, details thereof. Please indicate whether married women need any authorization to engage in trade or any type of employment or occupation.

Article 1(1)(b). Other criteria. The Committee notes that section 4 of the Labour Act provides for facilitating the recruitment of older workers and those with reduced working capacity. Please supply information on the practical application of section 4 of the Labour Act as it relates to older workers and those with reduced capacity.

Article 2. The Committee noted in its comments on the Equal Remuneration Convention, 1951 (No. 100), that Presidential Decree No. 70/2002 of 27 May 2002 establishes the national policy for the promotion of women (PNPM) and that it is working on a draft plan of action designed to apply this policy. The Committee asks the Government to provide information on any action taken to apply the plan, the results achieved and any difficulties encountered. The Committee would also be grateful if the Government would clarify whether national policies exist to promote other categories of workers who might suffer discrimination under the categories set forth in Article 1 of the Convention.

Vocational training. The Committee notes the Government’s statement on the low qualifications of the workforce and that consequently the focus is placed on vocational training in enterprises. The Government supports training and recruitment for the most vulnerable categories of workers. For example, section 62 of the Act governing national employment policy states that when enterprises recruit women, young persons, men over 45 years of age or disabled persons, the Government will offer free and preferential vocational training and also a discount on social security contributions. The Committee asks the Government to supply information on the practical application of this provision.

Labour inspection. The Committee notes that the Government indicates that it has serious deficiencies in human and material capacities and resources and that for this reason section 1.11 of the General Labour Act states that the “civil and military authorities ... shall lend their assistance to the labour authorities to enforce the provisions of this Act”.

The Committee encourages the Government to supply more detailed information on the questions raised by the Committee and in the report form. It would be grateful if the Government would include documents on policies and statistical data disaggregated if possible by sex, race, ethnic origin and religion on employment and vocational training and any other information which would enable the Committee to evaluate more fully the manner in which the Convention is applied in practice.

Article 4. Measures affecting individuals suspected of activities prejudicial to the security of the State. The Committee requests the Government to provide information concerning the practical application of Article 4 of the Convention as well as specific information on the procedures establishing the right of appeal available to persons covered under this Article.

Article 5. Special measures. The Committee notes the Government’s statement that the special protection provided in Title III of Law No. 6 of 6 December 1999 is not deemed to be discrimination. The Committee asks the Government to provide a copy of the said legislation in its next report.

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

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:

Repetition

Article 1(1)(a) of the Convention. The Committee notes that section 15 of the Fundamental Law prohibits discrimination on tribal, ethnic, gender-related, religious, social, political or any other similar grounds. Under section 4 of the Labour Act, the State guarantees equality of opportunity and treatment in employment and occupation and nobody may be subjected to discrimination, i.e. to any distinction, exclusion or preference on grounds of race, colour, sex, political opinion, national extraction, social origin or trade union affiliation. The Committee notes that section 4 of the Labour Act makes no reference to religion as one of the prohibited grounds of discrimination but that this criterion is included in section 15 of the Fundamental Law. The Committee asks the Government to provide information on the practical application of section 15 of the Fundamental Law and section 4 of the Labour Act, and whether there have been any administrative or judicial decisions handed down concerning these provisions, and if so, details thereof. Please indicate whether married women need any authorization to engage in trade or any type of employment or occupation.

Article 1(1)(b). Other criteria. The Committee notes that section 4 of the Labour Act provides for facilitating the recruitment of older workers and those with reduced working capacity. Please supply information on the practical application of section 4 of the Labour Act as it relates to older workers and those with reduced capacity.

Article 2. The Committee noted in its comments on the Equal Remuneration Convention, 1951 (No. 100), that Presidential Decree No. 70/2002 of 27 May 2002 establishes the national policy for the promotion of women (PNPM) and that it is working on a draft plan of action designed to apply this policy. The Committee asks the Government to supply a copy of the abovementioned plan and provide information on any action taken to apply the plan, the results achieved and any difficulties encountered. The Committee would also be grateful if the Government would clarify whether national policies exist to promote other categories of workers who might suffer discrimination under the categories set forth in Article 1 of the Convention.

Vocational training. The Committee notes the Government’s statement on the low qualifications of the workforce and that consequently the focus is placed on vocational training in enterprises. The Government supports training and recruitment for the most vulnerable categories of workers. For example, section 62 of the Act governing national employment policy states that when enterprises recruit women, young persons, men over 45 years of age or disabled persons, the Government will offer free and preferential vocational training and also a discount on social security contributions. The Committee asks the Government to supply information on the practical application of this provision.

Labour inspection. The Committee notes that the Government indicates that it has serious deficiencies in human and material capacities and resources and that for this reason section 1.11 of the General Labour Act states that the “civil and military authorities ... shall lend their assistance to the labour authorities to enforce the provisions of this Act”.

The Committee encourages the Government to supply more detailed information on the questions raised by the Committee and in the report form. It would be grateful if the Government would include documents on policies and statistical data disaggregated if possible by sex, race, ethnic origin and religion on employment and vocational training and any other information which would enable the Committee to evaluate more fully the manner in which the Convention is applied in practice.

Article 4. Measures affecting individuals suspected of activities prejudicial to the security of the State. The Committee requests the Government to provide information concerning the practical application of Article 4 of the Convention as well as specific information on the procedures establishing the right of appeal available to persons covered under this Article.

Article 5. Special measures. The Committee notes the Government’s statement that the special protection provided in Title III of Law No. 6 of 6 December 1999 is not deemed to be discrimination. The Committee asks the Government to provide a copy of the said legislation in its next report.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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:

Repetition

Article 1(1)(a) of the Convention. The Committee notes that section 15 of the Fundamental Law prohibits discrimination on tribal, ethnic, gender-related, religious, social, political or any other similar grounds. Under section 4 of the Labour Act, the State guarantees equality of opportunity and treatment in employment and occupation and nobody may be subjected to discrimination, i.e. to any distinction, exclusion or preference on grounds of race, colour, sex, political opinion, national extraction, social origin or trade union affiliation. The Committee notes that section 4 of the Labour Act makes no reference to religion as one of the prohibited grounds of discrimination but that this criterion is included in section 15 of the Fundamental Law. The Committee asks the Government to provide information on the practical application of section 15 of the Fundamental Law and section 4 of the Labour Act, and whether there have been any administrative or judicial decisions handed down concerning these provisions, and if so, details thereof. Please indicate whether married women need any authorization to engage in trade or any type of employment or occupation.

Article 1(1)(b). Other criteria. The Committee notes that section 4 of the Labour Act provides for facilitating the recruitment of older workers and those with reduced working capacity. Please supply information on the practical application of section 4 of the Labour Act as it relates to older workers and those with reduced capacity.

Article 2. The Committee noted in its comments on the Equal Remuneration Convention, 1951 (No. 100), that Presidential Decree No. 70/2002 of 27 May 2002 establishes the national policy for the promotion of women (PNPM) and that it is working on a draft plan of action designed to apply this policy. The Committee asks the Government to supply a copy of the abovementioned plan and provide information on any action taken to apply the plan, the results achieved and any difficulties encountered. The Committee would also be grateful if the Government would clarify whether national policies exist to promote other categories of workers who might suffer discrimination under the categories set forth in Article 1 of the Convention.

Vocational training. The Committee notes the Government’s statement on the low qualifications of the workforce and that consequently the focus is placed on vocational training in enterprises. The Government supports training and recruitment for the most vulnerable categories of workers. For example, section 62 of the Act governing national employment policy states that when enterprises recruit women, young persons, men over 45 years of age or disabled persons, the Government will offer free and preferential vocational training and also a discount on social security contributions. The Committee asks the Government to supply information on the practical application of this provision.

Labour inspection. The Committee notes that the Government indicates that it has serious deficiencies in human and material capacities and resources and that for this reason section 1.11 of the General Labour Act states that the “civil and military authorities ... shall lend their assistance to the labour authorities to enforce the provisions of this Act”.

The Committee encourages the Government to supply more detailed information on the questions raised by the Committee and in the report form. It would be grateful if the Government would include documents on policies and statistical data disaggregated if possible by sex, race, ethnic origin and religion on employment and vocational training and any other information which would enable the Committee to evaluate more fully the manner in which the Convention is applied in practice.

Article 4. Measures affecting individuals suspected of activities prejudicial to the security of the State. The Committee requests the Government to provide information concerning the practical application of Article 4 of the Convention as well as specific information on the procedures establishing the right of appeal available to persons covered under this Article.

Article 5. Special measures. The Committee notes the Government’s statement that the special protection provided in Title III of Law No. 6 of 6 December 1999 is not deemed to be discrimination. The Committee asks the Government to provide a copy of the said legislation in its next report.

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

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:

Repetition

Article 1(1)(a) of the Convention. The Committee notes that section 15 of the Fundamental Law prohibits discrimination on tribal, ethnic, gender-related, religious, social, political or any other similar grounds. Under section 4 of the Labour Act, the State guarantees equality of opportunity and treatment in employment and occupation and nobody may be subjected to discrimination, i.e. to any distinction, exclusion or preference on grounds of race, colour, sex, political opinion, national extraction, social origin or trade union affiliation. The Committee notes that section 4 of the Labour Act makes no reference to religion as one of the prohibited grounds of discrimination but that this criterion is included in section 15 of the Fundamental Law. The Committee asks the Government to provide information on the practical application of section 15 of the Fundamental Law and section 4 of the Labour Act, and whether there have been any administrative or judicial decisions handed down concerning these provisions, and if so, details thereof. Please indicate whether married women need any authorization to engage in trade or any type of employment or occupation.

Article 1(1)(b). Other criteria. The Committee notes that section 4 of the Labour Act provides for facilitating the recruitment of older workers and those with reduced working capacity. Please supply information on the practical application of section 4 of the Labour Act as it relates to older workers and those with reduced capacity.

Article 2. The Committee noted in its comments on the Equal Remuneration Convention, 1951 (No. 100), that Presidential Decree No. 70/2002 of 27 May 2002 establishes the national policy for the promotion of women (PNPM) and that it is working on a draft plan of action designed to apply this policy. The Committee asks the Government to supply a copy of the abovementioned plan and provide information on any action taken to apply the plan, the results achieved and any difficulties encountered. The Committee would also be grateful if the Government would clarify whether national policies exist to promote other categories of workers who might suffer discrimination under the categories set forth in Article 1 of the Convention.

Vocational training. The Committee notes the Government’s statement on the low qualifications of the workforce and that consequently the focus is placed on vocational training in enterprises. The Government supports training and recruitment for the most vulnerable categories of workers. For example, section 62 of the Act governing national employment policy states that when enterprises recruit women, young persons, men over 45 years of age or disabled persons, the Government will offer free and preferential vocational training and also a discount on social security contributions. The Committee asks the Government to supply information on the practical application of this provision.

Labour inspection. The Committee notes that the Government indicates that it has serious deficiencies in human and material capacities and resources and that for this reason section 1.11 of the General Labour Act states that the “civil and military authorities ... shall lend their assistance to the labour authorities to enforce the provisions of this Act”.

The Committee encourages the Government to supply more detailed information on the questions raised by the Committee and in the report form. It would be grateful if the Government would include documents on policies and statistical data disaggregated if possible by sex, race, ethnic origin and religion on employment and vocational training and any other information which would enable the Committee to evaluate more fully the manner in which the Convention is applied in practice.

Article 4. Measures affecting individuals suspected of activities prejudicial to the security of the State. The Committee requests the Government to provide information concerning the practical application of Article 4 of the Convention as well as specific information on the procedures establishing the right of appeal available to persons covered under this Article.

Article 5. Special measures. The Committee notes the Government’s statement that the special protection provided in Title III of Law No. 6 of 6 December 1999 is not deemed to be discrimination. The Committee asks the Government to provide a copy of the said legislation in its next report.

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

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:

Article 1(1)(a) of the Convention. The Committee notes that section 15 of the Fundamental Law prohibits discrimination on tribal, ethnic, gender-related, religious, social, political or any other similar grounds. Under section 4 of the Labour Act, the State guarantees equality of opportunity and treatment in employment and occupation and nobody may be subjected to discrimination, i.e. to any distinction, exclusion or preference on grounds of race, colour, sex, political opinion, national extraction, social origin or trade union affiliation. The Committee notes that section 4 of the Labour Act makes no reference to religion as one of the prohibited grounds of discrimination but that this criterion is included in section 15 of the Fundamental Law. The Committee asks the Government to provide information on the practical application of section 15 of the Fundamental Law and section 4 of the Labour Act, and whether there have been any administrative or judicial decisions handed down concerning these provisions, and if so, details thereof. Please indicate whether married women need any authorization to engage in trade or any type of employment or occupation.

Article 1(1)(b). Other criteria. The Committee notes that section 4 of the Labour Act provides for facilitating the recruitment of older workers and those with reduced working capacity. Please supply information on the practical application of section 4 of the Labour Act as it relates to older workers and those with reduced capacity.

Article 2. The Committee noted in its comments on the Equal Remuneration Convention, 1951 (No. 100), that Presidential Decree No. 70/2002 of 27 May 2002 establishes the national policy for the promotion of women (PNPM) and that it is working on a draft plan of action designed to apply this policy. The Committee asks the Government to supply a copy of the abovementioned plan and provide information on any action taken to apply the plan, the results achieved and any difficulties encountered. The Committee would also be grateful if the Government would clarify whether national policies exist to promote other categories of workers who might suffer discrimination under the categories set forth in Article 1 of the Convention.

Vocational training. The Committee notes the Government’s statement on the low qualifications of the workforce and that consequently the focus is placed on vocational training in enterprises. The Government supports training and recruitment for the most vulnerable categories of workers. For example, section 62 of the Act governing national employment policy states that when enterprises recruit women, young persons, men over 45 years of age or disabled persons, the Government will offer free and preferential vocational training and also a discount on social security contributions. The Committee asks the Government to supply information on the practical application of this provision.

Labour inspection. The Committee notes that the Government indicates that it has serious deficiencies in human and material capacities and resources and that for this reason section 1.11 of the General Labour Act states that the “civil and military authorities ... shall lend their assistance to the labour authorities to enforce the provisions of this Act”.

The Committee encourages the Government to supply more detailed information on the questions raised by the Committee and in the report form. It would be grateful if the Government would include documents on policies and statistical data disaggregated if possible by sex, race, ethnic origin and religion on employment and vocational training and any other information which would enable the Committee to evaluate more fully the manner in which the Convention is applied in practice.

Noting that the Government has not provided any information on the questions raised in paragraphs 4 and 5 of its previous direct request, it repeats its comments, which read as follows:

Article 4. Measures affecting individuals suspected of activities prejudicial to the security of the State. The Committee requests the Government to provide information concerning the practical application of Article 4 of the Convention as well as specific information on the procedures establishing the right of appeal available to persons covered under this Article.

Article 5. Special measures. The Committee notes the Government’s statement that the special protection provided in Title III of Law No. 6 of 6 December 1999 is not deemed to be discrimination. The Committee asks the Government to provide a copy of the said legislation in its next report.

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

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:

Article 1, paragraph a), of the Convention. The Committee notes that section 15 of the Fundamental Law prohibits discrimination on tribal, ethnic, gender-related, religious, social, political or any other similar grounds. Under section 4 of the Labour Act, the State guarantees equality of opportunity and treatment in employment and occupation and nobody may be subjected to discrimination, i.e. to any distinction, exclusion or preference on grounds of race, colour, sex, political opinion, national extraction, social origin or trade union affiliation. The Committee notes that section 4 of the Labour Act makes no reference to religion as one of the prohibited grounds of discrimination but that this criterion is included in section 15 of the Fundamental Law. The Committee asks the Government to provide information on the practical application of section 15 of the Fundamental Law and section 4 of the Labour Act, and whether there have been any administrative or judicial decisions handed down concerning these provisions, and if so, details thereof. Please indicate whether married women need any authorization to engage in trade or any type of employment or occupation.

Article 1, paragraph 1(b). Other criteria. The Committee notes that section 4 of the Labour Act provides for facilitating the recruitment of older workers and those with reduced working capacity. Please supply information on the practical application of section 4 of the Labour Act as it relates to older workers and those with reduced capacity.

Article 2. The Committee noted in its comments on the Equal Remuneration Convention, 1951 (No. 100), that Presidential Decree No. 70/2002 of 27 May 2002 establishes the national policy for the promotion of women (PNPM) and that it is working on a draft plan of action designed to apply this policy. The Committee asks the Government to supply a copy of the abovementioned plan and provide information on any action taken to apply the plan, the results achieved and any difficulties encountered. The Committee would also be grateful if the Government would clarify whether national policies exist to promote other categories of workers who might suffer discrimination under the categories set forth in Article 1 of the Convention.

Vocational training. The Committee notes the Government’s statement on the low qualifications of the workforce and that consequently the focus is placed on vocational training in enterprises. The Government supports training and recruitment for the most vulnerable categories of workers. For example, section 62 of the Act governing national employment policy states that when enterprises recruit women, young persons, men over 45 years of age or disabled persons, the Government will offer free and preferential vocational training and also a discount on social security contributions. The Committee asks the Government to supply information on the practical application of this provision.

Labour inspection. The Committee notes that the Government indicates that it has serious deficiencies in human and material capacities and resources and that for this reason section 1.11 of the General Labour Act states that the “civil and military authorities ... shall lend their assistance to the labour authorities to enforce the provisions of this Act”.

The Committee encourages the Government to supply more detailed information on the questions raised by the Committee and in the report form. It would be grateful if the Government would include documents on policies and statistical data disaggregated if possible by sex, race, ethnic origin and religion on employment and vocational training and any other information which would enable the Committee to evaluate more fully the manner in which the Convention is applied in practice.

Noting that the Government has not provided any information on the questions raised in paragraphs 4 and 5 of its previous direct request, it repeats its comments, which read as follows:

Article 4. Measures affecting individuals suspected of activities prejudicial to the security of the State. The Committee requests the Government to provide information concerning the practical application of Article 4 of the Convention as well as specific information on the procedures establishing the right of appeal available to persons covered under this Article.

Article 5. Special measures. The Committee notes the Government’s statement that the special protection provided in Title III of Law No. 6 of 6 December 1999 is not deemed to be discrimination. The Committee asks the Government to provide a copy of the said legislation in its next report.

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

Article 1(1)(a) of the Convention. The Committee notes that section 15 of the Fundamental Law prohibits discrimination on tribal, ethnic, gender-related, religious, social, political or any other similar grounds. Under section 4 of the Labour Act, the State guarantees equality of opportunity and treatment in employment and occupation and nobody may be subjected to discrimination, i.e. to any distinction, exclusion or preference on grounds of race, colour, sex, political opinion, national extraction, social origin or trade union affiliation. The Committee notes that section 4 of the Labour Act makes no reference to religion as one of the prohibited grounds of discrimination but that this criterion is included in section 15 of the Fundamental Law. The Committee asks the Government to provide information on the practical application of section 15 of the Fundamental Law and section 4 of the Labour Act, and whether there have been any administrative or judicial decisions handed down concerning these provisions, and if so, details thereof. Please indicate whether married women need any authorization to engage in trade or any type of employment or occupation.

Article 1(1)(b). Other criteria. The Committee notes that section 4 of the Labour Act provides for facilitating the recruitment of older workers and those with reduced working capacity. Please supply information on the practical application of section 4 of the Labour Act as it relates to older workers and those with reduced capacity.

Article 2 of the Convention. The Committee noted in its comments on the Equal Remuneration Convention, 1951 (No. 100), that Presidential Decree No. 70/2002 of 27 May 2002 establishes the national policy for the promotion of women (PNPM) and that it is working on a draft plan of action designed to apply this policy. The Committee asks the Government to supply a copy of the abovementioned plan and provide information on any action taken to apply the plan, the results achieved and any difficulties encountered. The Committee would also be grateful if the Government would clarify whether national policies exist to promote other categories of workers who might suffer discrimination under the categories set forth in Article 1 of the Convention.

Vocational training. The Committee notes the Government’s statement on the low qualifications of the workforce and that consequently the focus is placed on vocational training in enterprises. The Government supports training and recruitment for the most vulnerable categories of workers. For example, section 62 of the Act governing national employment policy states that when enterprises recruit women, young persons, men over 45 years of age or disabled persons, the Government will offer free and preferential vocational training and also a discount on social security contributions. The Committee asks the Government to supply information on the practical application of this provision.

Labour inspection. The Committee notes that the Government indicates that it has serious deficiencies in human and material capacities and resources and that for this reason section 1.11 of the General Labour Act states that the “civil and military authorities ... shall lend their assistance to the labour authorities to enforce the provisions of this Act”.

The Committee encourages the Government to supply more detailed information on the questions raised by the Committee and in the report form. It would be grateful if the Government would include documents on policies and statistical data disaggregated if possible by sex, race, ethnic origin and religion on employment and vocational training and any other information which would enable the Committee to evaluate more fully the manner in which the Convention is applied in practice.

Noting that the Government has not provided any information on the questions raised in paragraphs 4 and 5 of its previous direct request, it repeats its comments, which read as follows:

4. Article 4. Measures affecting individuals suspected of activities prejudicial to the security of the State. The Committee requests the Government to provide information concerning the practical application of Article 4 of the Convention as well as specific information on the procedures establishing the right of appeal available to persons covered under this Article.

5. Article 5. Special measures. The Committee notes the Government’s statement that the special protection provided in Title III of Law No. 6 of 6 December 1999 is not deemed to be discrimination. The Committee asks the Government to provide a copy of the said legislation in its next report.

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

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 1–3 of the Convention. Insufficient information to assess the application of the Convention. The Committee notes the Government’s statement in its first very brief report that Fundamental Law of Equatorial Guinea No. 2 of 4 January 1990 on the general organization of labour applies the Convention and that there are no distinctions, exclusions, preferences or discrimination of any kind in Equatorial Guinea. The Government also adds that there are no difficulties with regard to access to employment and occupation based on the grounds mentioned in the Convention, and there is no need to take regulatory measures to implement the principle of the Convention.

2. The Committee recalls that it is difficult to accept statements to the effect that the application of the Convention gives rise to no difficulties or that the Convention is fully applied, particularly when no other details are given on the content and methods of implementing the national policy on the promotion of equal opportunity and treatment. The Convention provides for the elimination of discrimination in law and practice and, to this end, requires proactive measures towards achieving equality of opportunity and treatment of all workers.

3. The Committee thus concludes that the information provided by the Government in its first report is of a too general nature and does not enable the Committee to assess effectively the application of the Convention. It therefore requests the Government to provide full information, in its next report, on each of the provisions of the Convention and on each of the questions set out in the report form. Such information could include, legislation and policy documents, statistical data disaggregated by sex, race, ethnicity and religion on all aspects of employment and vocational training, reports, guidelines or publications, as well as any other information that may enable the Committee to assess the manner in which the Convention is applied in practice.

4. Article 4. Measures affecting individuals suspected of activities prejudicial to the security of the State. The Committee requests the Government to provide information concerning the practical application of Article 4 of the Convention as well as specific information on the procedures establishing the right of appeal available to persons covered under this Article.

5. Article 5. Special measures. The Committee notes the Government’s statement that the special protection provided in Title III of Law No. 6 of 6 December 1999 is not deemed to be discrimination. The Committee asks the Government to provide a copy of the said legislation in its next report.

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

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 to 3 of the Convention. Insufficient information to assess the application of the Convention. The Committee notes the Government’s statement in its first very brief report that the Fundamental Law of Equatorial Guinea No. 2 of 4 January 1990 on the general organization of labour applies the Convention and that there are no distinctions, exclusions, preferences or discrimination of any kind in Equatorial Guinea. The Government also adds that there are no difficulties with regard to access to employment and occupation based on the grounds mentioned in the Convention, and there is no need to take regulatory measures to implement the principle of the Convention.

2. The Committee recalls that it is difficult to accept statements to the effect that the application of the Convention gives rise to no difficulties or that the Convention is fully applied, particularly when no other details are given on the content and methods of implementing the national policy on the promotion of equal opportunity and treatment. The Convention provides for the elimination of discrimination in law and practice and, to this end, requires proactive measures towards achieving equality of opportunity and treatment of all workers.

3. The Committee thus concludes that the information provided by the Government in its first report is of a too general nature and does not enable the Committee to assess effectively the application of the Convention. It therefore requests the Government to provide full information, in its next report, on each of the provisions of the Convention and on each of the questions set out in the report form. Such information could include, legislation and policy documents, statistical data disaggregated by sex, race, ethnicity and religion on all aspects of employment and vocational training, reports, guidelines or publications, as well as any other information that may enable the Committee to assess the manner in which the Convention is applied in practice.

4. Article 4. Measures affecting individuals suspected of activities prejudicial to the security of the State. The Committee requests the Government to provide information concerning the practical application of Article 4 of the Convention as well as specific information on the procedures establishing the right of appeal available to persons covered under this Article.

5. Article 5. Special measures. The Committee notes the Government’s statement that the special protection provided in Title III of Law No. 6 of 6 December 1999 is not deemed to be discrimination. The Committee asks the Government to provide a copy of the said legislation in its next report.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

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 to 3 of the Convention. Insufficient information to assess the application of the Convention. The Committee notes the Government’s statement in its first very brief report that the Fundamental Law of Equatorial Guinea No. 2 of 4 January 1990 on the general organization of labour applies the Convention and that there are no distinctions, exclusions, preferences or discrimination of any kind in Equatorial Guinea. The Government also adds that there are no difficulties with regard to access to employment and occupation based on the grounds mentioned in the Convention, and there is no need to take regulatory measures to implement the principle of the Convention.

2. The Committee recalls that it is difficult to accept statements to the effect that the application of the Convention gives rise to no difficulties or that the Convention is fully applied, particularly when no other details are given on the content and methods of implementing the national policy on the promotion of equal opportunity and treatment. The Convention provides for the elimination of discrimination in law and practice and, to this end, requires proactive measures towards achieving equality of opportunity and treatment of all workers.

3. The Committee thus concludes that the information provided by the Government in its first report is of a too general nature and does not enable the Committee to assess effectively the application of the Convention. It therefore requests the Government to provide full information, in its next report, on each of the provisions of the Convention and on each of the questions set out in the report form. Such information could include, legislation and policy documents, statistical data disaggregated by sex, race, ethnicity and religion on all aspects of employment and vocational training, reports, guidelines or publications, as well as any other information that may enable the Committee to assess the manner in which the Convention is applied in practice.

4. Article 4. Measures affecting individuals suspected of activities prejudicial to the security of the State. The Committee requests the Government to provide information concerning the practical application of Article 4 of the Convention as well as specific information on the procedures establishing the right of appeal available to persons covered under this Article.

5. Article 5. Special measures. The Committee notes the Government’s statement that the special protection provided in Title III of Law No. 6 of 6  December 1999 is not deemed to be discrimination. The Committee asks the Government to provide a copy of the said legislation in its next report.

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

1. Articles 1 to 3 of the Convention. Insufficient information to assess the application of the Convention. The Committee notes the Government’s statement in its first very brief report that the Fundamental Law of Equatorial Guinea No. 2 of 4 January 1990 on the general organization of labour applies the Convention and that there are no distinctions, exclusions, preferences or discrimination of any kind in Equatorial Guinea. The Government also adds that there are no difficulties with regard to access to employment and occupation based on the grounds mentioned in the Convention, and there is no need to take regulatory measures to implement the principle of the Convention.

2. The Committee recalls that it is difficult to accept statements to the effect that the application of the Convention gives rise to no difficulties or that the Convention is fully applied, particularly when no other details are given on the content and methods of implementing the national policy on the promotion of equal opportunity and treatment. The Convention provides for the elimination of discrimination in law and practice and, to this end, requires proactive measures towards achieving equality of opportunity and treatment of all workers.

3. The Committee thus concludes that the information provided by the Government in its first report is of a too general nature and does not enable the Committee to assess effectively the application of the Convention. It therefore requests the Government to provide full information, in its next report, on each of the provisions of the Convention and on each of the questions set out in the report form. Such information could include, legislation and policy documents, statistical data disaggregated by sex, race, ethnicity and religion on all aspects of employment and vocational training, reports, guidelines or publications, as well as any other information that may enable the Committee to assess the manner in which the Convention is applied in practice.

4. Article 4. Measures affecting individuals suspected of activities prejudicial to the security of the State. The Committee requests the Government to provide information concerning the practical application of Article 4 of the Convention as well as specific information on the procedures establishing the right of appeal available to persons covered under this Article.

5. Article 5. Special measures. The Committee notes the Government’s statement that the special protection provided in Title III of Law No. 6 of 6 December 1999 is not deemed to be discrimination. The Committee asks the Government to provide a copy of the said legislation in its next report.