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

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Central African Republic (Ratification: 1964)

1. Article 1 of the Convention. In its previous comment, the Committee requested the Government to ensure that the new Labour Code defines and prohibits discrimination in accordance with the Convention. In this regard, the Committee notes from the Government’s report that section 9 of the draft Labour Code provides that “Under equal working conditions, remuneration is equal. The law guarantees equality of opportunity and treatment in employment and at work for all, without any discrimination.” The Committee considers that this provision should be improved by making clear that the principle of equality of opportunity and treatment applies to all stages of employment, including recruitment, and by explicitly referring to the prohibited grounds of discrimination listed in Article 1(1)(a) of the Convention. The Committee requests the Government to take the necessary steps to amend section 9 of the draft Labour Code, with a view to ensuring that the new Labour Code expressly prohibits discrimination on all the grounds set out in Article 1(1)(a) of the Convention and in respect of all aspects of employment, including recruitment. Noting that the 1993 Civil Service Act is being revised as well, the Committee also encourages the Government to take this opportunity to include equality provisions into this legislation. The Committee draws the Government’s attention to the possibility of seeking the ILO’s technical assistance in this regard. The Government is requested to provide the new Labour Code and the revised Civil Service Act as soon as they are enacted, for the Committee’s examination.

2. Discrimination on the ground of sex. Sexual harassment. The Committee notes the Government’s statement that the draft Labour Code prohibits sexual harassment at work and that the revised Civil Service Act will include provisions concerning the practice of sexual harassment. The Committee requests the Government to ensure that the future provisions on sexual harassment contained in the Labour Code and the Civil Service Act clearly prohibit and define sexual harassment at work, covering quid pro quo and hostile environment harassment, as outlined in the Committee’s 2002 general observation on this issue. The Government is also asked to provide further information on the promotional activities undertaken to raise awareness of the need to prevent and combat sexual harassment.

3. Articles 2 and 3. National policy on equality of opportunity and treatment. The Committee notes from information provided by the Government to the United Nations Human Rights Committee that following the democratic elections of 2005, the authorities adopted a national policy to promote gender equality (CCPR/C/CAF/Q/2/Add.1, 23 June 2006, paragraph 6). The Committee also notes that the Government envisages taking a number of measures to promote equality of opportunity and treatment in education and vocational training. The Committee requests the Government to provide information on the following:

(a)   the measures taken to implement a national policy to promote equality of opportunity and treatment in employment and occupation, irrespective of sex, religion, ethnicity or any other prohibited ground;

(b)   measures taken under the 2005 gender equality policy to promote and ensure women’s equal access to training and employment as well as to raise awareness among women of their rights;

(c)   statistical information on the participation of men and women in vocational training, as well as formal and informal employment and work, including their occupations and levels of responsibility, as soon as such information is available.

4. Cooperation with workers’ and employers’ organizations. The Committee notes the Government’s statement concerning the establishment of a National Permanent Council of Labour as a new framework for the collaboration between public authorities and workers’ and employers’ organizations. The Committee requests the Government to continue to provide information on the establishment and functioning of the National Permanent Council of Labour, including on any specific measures taken by the Council to promote the application of the Convention.

5. Article 4. Persons engaged in activities prejudicial to the security of the State. The Committee reiterates its request for the Government to provide examples of judicial decisions concerning criminal cases involving activities considered prejudicial to the security of the State.

6. Enforcement. The Committee requests the Government to provide judicial decisions, including decisions applying articles 5 and 9 of the Constitution, relating to issues of discrimination and equality in employment and occupation as soon as available, as well as information on the measures taken so far to enable the labour inspection services to fulfil their functions. Please also indicate the specific activities carried out so far by labour inspectors to monitor the implementation of the Convention.