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

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

Article 1 of the Convention. Protection of workers against discrimination. Legislation. Public and private sectors. With regard to the legal protection of private sector workers and public officials against discrimination, the Committee notes the Government’s indication that there are not yet any plans to incorporate the definition of direct and indirect discrimination in the Labour Code and in Act No. 16/013 of 15 July 2016 issuing the staff regulations for state civil servants. In order to expand the legal protection of workers in the public and private sectors against discrimination, the Committee requests the Government to take the necessary steps to ensure that an explicit definition of direct and indirect discrimination, based as a minimum on all of the grounds set out in the Convention and covering all aspects of employment and occupation, including recruitment, is incorporated in the Labour Code and in Act No. 16/013 issuing the staff regulations for state civil servants.

Article 1(1)(a). Discrimination on the basis of sex. Sexual harassment. The Committee notes that the Government does not provide any information in response to its request to incorporate provisions relating to hostile work environment sexual harassment in the legislation. The Committee therefore once again requests the Government to take steps as soon as possible to expand the legislation by incorporating provisions: (i) defining and prohibiting hostile work environment sexual harassment; and (ii) establishing preventive measures, mechanisms for handling complaints, and appropriate penalties. The Committee also requests the Government to provide information on the application in practice of the existing provisions of the Penal Code and the Ministerial Order of 2005, especially on the number of cases of sexual harassment handled by labour inspectors or the courts and the outcome thereof, and on any awareness-raising campaigns conducted or planned to combat all forms of sexual harassment, in collaboration with the social partners.

Articles 1(1)(a) and 3(d). Discrimination on the basis of sex. Leave in the civil service. Recalling the Government’s indication that the issue of section 30 of Act No. 16/013 – under which a woman public official who has taken maternity leave cannot claim her right to take “recreational leave” (paid annual leave) during the same year – was due to be discussed with the trade unions in a joint committee, the Committee notes the Government’s indications that: (1) section 30 has been formulated on a consensual basis by representatives of the Government and representatives of the most representative public service workers’ organizations; and (2) women public officials have not submitted any complaints. In this regard, the Committee wishes to emphasize that a restriction of this type constitutes discrimination on the basis of sex, since it amounts in practice to depriving women who have taken maternity leave from taking their paid annual leave during the same year. Recalling that the absence of complaints does not signify the absence of discrimination but may reflect the absence of an appropriate legal framework or of access to complaint mechanisms and remedial processes or even fear of reprisals, the Committee once again requests the Government to take the necessary steps to amend section 30 of Act No. 16/013 and bring it fully into line with the provisions of the Convention.

Discrimination on the basis of race or ethnic origin. Indigenous peoples. The Committee welcomes the Government’s indication that the Act to protect and promote the rights of indigenous pygmy peoples was adopted at first reading by the National Assembly on 7 April 2021 and that it will contribute to strengthening measures for the protection of indigenous peoples. The Committee notes that this Act was adopted at second reading by the Senate on 10 June 2022. In light of the above, the Committee trusts that the Act to protect and promote the rights of indigenous pygmy peoples will be promulgated and published in the Official Journal in the near future. It requests the Government to indicate the measures taken towards this end and to send a copy of the Act once it has been promulgated. The Committee also requests the Government to take practical steps to: (i) prevent and combat all forms of discrimination in employment and occupation, including with regard to pay, and combat prejudices and stereotypes to which indigenous pygmy peoples are exposed; and (ii) enable members of indigenous peoples to have access to all levels of education, vocational training and employment and to other resources which enable them to carry out their traditional and subsistence activities, including access to credit and land.

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