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

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

Article 1(1)(a) of the Convention. Discrimination. Sexual harassment on the basis of sex. The Committee notes that the Government’s report does not contain a reply to its request for information regarding sexual harassment in employment and occupation. The Committee recalls that Act No. 06.032 of 27 December 2006 on the protection of women against violence, albeit not specifically covering the workplace, contains provisions which impose penalties for quid pro quo harassment. With a view to effectively combating all forms of sexual harassment in employment and occupation, particularly quid pro quo and hostile environment sexual harassment, the Committee once again asks the Government to take the necessary steps on the occasion of a future revision of the Labour Code to supplement the labour legislation by including provisions defining and prohibiting all forms of harassment, protecting victims against possible reprisals and imposing penalties on the perpetrators. Moreover, in order to supplement anti-sexual harassment measures, the Committee once again asks the Government to take practical measures to prevent sexual harassment, in collaboration with employers’ and workers’ organizations, at the national, enterprise and administrative levels (awareness-raising and information campaigns, workplace rules, development of a code of conduct, implementation of a complaints procedure, etc.).

Article 1(1)(b). Other grounds of discrimination. Disability and HIV status. The Committee recalls that any discrimination against a candidate for a job on the basis of mental or physical disability is prohibited (section 266 of the Labour Code) and that employers’ and workers’ organizations must ensure that workers are protected from all forms of stigmatization and discrimination on the basis of HIV status (section 313 of the Labour Code). With regard to practical measures, the Committee asks the Government to provide information on any steps taken, in collaboration with employers’ and workers’ organizations, to prevent discrimination and stigmatization in employment and occupation on the basis of disability or HIV status. It also asks the Government to provide any available information on the implementation in the private sector of the requirement for employers with more than 25 workers to employ 5 per cent of workers with disabilities who fulfil the recruitment criteria (section 265 of the Labour Code).

Article 2. Equality of opportunity and treatment. Indigenous peoples. Recalling its 2015 comments on the Indigenous and Tribal Peoples Convention, 1989 (No. 169), regarding acts of violence against them and in the absence of information on this subject in the Government’s report on the application of this Convention, despite its request, the Committee once again asks the Government to provide information on the steps taken to ensure that indigenous peoples are protected against discrimination and to promote equality of opportunity and treatment for indigenous peoples, particularly the Mbororo and the Aka Pygmies, in education, vocational training and employment, and in the exercise of their traditional activities.

Enforcement. Labour inspection. Body responsible for the protection of human rights. The Committee asks the Government to provide information on the preventive and supervisory activities conducted by labour inspectors to combat discrimination and promote equality in employment and occupation. In view of the establishment of the National Commission for Human Rights and Fundamental Freedoms in October 2017, the Committee asks the Government to provide information on the mandate and operation of this Commission, specifying whether it has the mandate to prevent and combat discrimination in employment and occupation on the grounds set out in the Convention.

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

Articles 1–3 of the Convention. With reference to its previous comments regarding the serious human rights violations in the country and recalling that the objective of the Convention, particularly concerning equality of opportunity and treatment in employment and occupation, cannot be achieved in a general context in which such abuses occur, the Committee notes the report of the United Nations Independent Expert on the human rights situation in the Central African Republic for the period July 2016 to June 2017. According to the report, the period covered was once again marked by outbreaks of violence, including sexual violence against women, with increasingly frequent and intense clashes between armed groups, leading to disastrous consequences for civilian populations in virtually all provinces. The report also indicates that, despite the implementation of a legislative and institutional framework, this violence has undermined the Government’s efforts to restore the authority of the State and the national and regional initiatives to achieve peace (A/HRC/36/64, 28 July 2017, paragraphs 8, 23, 24 and 39). In this challenging context, the Committee welcomes the establishment, on 23 October 2017, of the National Commission for Human Rights and Fundamental Freedoms, with the mandate of conducting investigations into the serious human rights violations and crimes committed in the territory between December 2003 and January 2015. However, taking into account the serious concerns which continue to be expressed regarding the human rights situation and its specific impact on women, children and ethnic and religious communities, the Committee urges the Government to take the necessary steps to promote equality of opportunity and treatment without distinction on grounds of race, colour, sex, religion, political opinion, national extraction or social origin. The Committee urges the Government in particular to address the laws, particularly civil legislation, which have a discriminatory impact and the inferior position of women which creates a context facilitating the perpetration of violence against women, and which the Committee considers have a profound impact on the application of the principle of the Convention. In this context, the Committee also urges the Government to continue taking measures to create the necessary conditions to restore the rule of law and give effect to the provisions of the Convention.

Article 1(1)(a) and (b). Protection of workers from discrimination. Constitution and national legislation. The Committee welcomes the entry into force, on 30 March 2016, of the new Constitution which, like the Transitional Constitutional Charter of 2013, provides that “all human beings are equal before the law without distinction on the basis of race, ethnic origin, regional background, gender, religion, political affiliation and social position”; “the law shall guarantee equal rights for men and women in all areas” (Article 6); “all citizens are equal in employment”; and “no one shall be disadvantaged in their work or employment on the basis of their origin, sex, opinions or beliefs” (Article 11). The Committee notes with interest the adoption, on 24 November 2016, of Act No. 16.004 establishing equality between men and women, which provides that at least 35 per cent of appointed and elected posts in both the public and private sectors must be filled by women. The Act also provides for the creation of the National Equality Observatory, which will be responsible for the regular monitoring and evaluation of the implementation of the Act.

The Committee recalls that, under sections 10 and 14 of the Labour Code, “the law shall guarantee to everyone equality of opportunity and treatment in employment and work, with no discrimination” and “access to vocational training is guaranteed to all workers, without discrimination”. The Labour Code prohibits any discrimination against candidates for a job or employees on the basis of mental or physical disability (section 266) and provides that employers’ and workers’ organizations shall ensure the protection of workers from all forms of stigmatization and discrimination on the basis of HIV status (section 313). The Committee also recalls that the Penal Code of 2010 penalizes “any person having discriminated between any individuals or entities on the basis of their origin, gender, family situation, health, disability, lifestyle, political opinions, trade union activities or their membership of a national, ethnic, racial or religious group”. Noting the existence of a constitutional and legislative framework in relation to discrimination, including in employment and occupation, the Committee wishes to draw the attention of the Government to the fact that, based on its experience, the full implementation of the Convention usually requires the adoption of comprehensive legislation defining and prohibiting direct and indirect discrimination, covering at least all of the grounds set out in the Convention and all aspects of employment and occupation. The Committee has accordingly observed that a number of features in legislation contribute to addressing discrimination and promoting equality in employment and occupation more effectively: coverage of all workers (no exclusions); provision of a clear definition of direct and indirect discrimination, and of sexual harassment; the prohibition of discrimination at all stages of the employment process; the explicit assignment of supervisory responsibilities to competent national authorities; the establishment of accessible dispute resolution procedures; the establishment of dissuasive sanctions and appropriate remedies; the shifting or reversing of the burden of proof; the provision of protection from retaliation; affirmative action measures; and provision for the adoption and implementation of equality policies or plans at the workplace, as well as the collection of relevant data at different levels (see the 2012 General Survey on the fundamental Conventions, paragraphs 854–855). In light of the above, the Committee asks the Government to examine the possibility of reinforcing the labour legislation against discrimination, on the occasion of a future revision of the Labour Code, by inserting provisions explicitly prohibiting any form of discrimination on at least the grounds set out in the Convention (race, colour, sex, religion, political opinion, national extraction or social origin) and on any other grounds of discrimination which it considers important to include, covering all stages of employment, including recruitment. It also asks the Government to examine the possibility of including provisions protecting victims from retaliation and providing for adequate sanctions. The Committee also asks the Government to provide information on the implementation of Act No. 16.004 of 2016 establishing equality for men and women in the public and private sectors, in particular information on the application of the 35 per cent quota of women in elected and appointed posts and on the results achieved in numerical terms, and information on the establishment and activities of the National Equality Observatory, as provided for by the Act. The Government is requested to provide a copy of the Act and any implementing texts.

Articles 2 and 3. National policy of equality of opportunity and treatment. The Committee recalls that the implementation of a genuine national equality policy requires not only the adoption of an appropriate legislative framework, but also the implementation of a range of specific measures, in collaboration with the employers’ and workers’ organizations, within the framework of collective agreements, plans of action including, inter alia, affirmative action and awareness-raising measures, or through specialized bodies. While acknowledging the difficult situation in the country, the Committee once again asks the Government to take practical measures, in collaboration with the employers’ and workers’ organizations, pursuant to a genuine national policy for the promotion of equality of opportunity and treatment in employment and occupation without distinction on the basis of religion or ethnic origin or any of the other grounds set out in Article 1(1)(a) of the Convention. It also asks the Government to provide information on any measures adopted in this respect.

In the absence of information on this subject in the Government’s report, despite its request and taking into account the context of persistent violence against women, the Committee once again asks the Government to provide information on the application of the National Policy for the Promotion of Equality between Men and Women, adopted in 2005, and the 2007 Plan of Action, which aims to encourage and ensure equality of access of women and men to training and employment, particularly by combating stereotypes and prejudices regarding the role and status of women in the family and in society, and to enable women to better know and assert their rights.

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

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

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

Repetition

Article 1(1)(b) of the Convention. Disability and HIV status. The Committee notes the Government’s indication that it has taken account of the 5 per cent quota for workers with disabilities – provided for under section 265 of the Labour Code – in the recruitment of new public service employees. It also notes that the labour inspectorate has not recorded any complaints of discrimination on the basis of HIV status or disability. The Committee requests the Government to continue providing information on the application in practice of section 266 of the Labour Code prohibiting discrimination on the basis of disability and section 316 relating to discrimination based on HIV status, as well as on all cases of discrimination that have been dealt with by the labour inspectorate or the courts. The Government is also requested to provide information on the implementation in practice of the obligation on private sector employers, pursuant to section 265 of the Labour Code, to constitute 5 per cent of the workforce with workers with disabilities.

Sexual harassment. The Committee notes that the Government reiterates that sexual harassment is prohibited in the public service and that, as far as the private sector is concerned, particular attention will be given to combating this discriminatory practice through a decree implementing the Labour Code. The Committee also notes that Act No. 06.032 of 27 December 2006 concerning the protection of women against violence, albeit not specifically concerned with the workplace, contains provisions to the effect that any person who harasses a woman by abusing the authority conferred on him by his duties or position and issuing orders or threats or imposing constraints with a view to obtaining favours of a sexual nature shall be liable to punishment. With respect to the private sector, the Committee requests the Government to take the necessary steps to supplement the legislation to ban sexual harassment in both its forms (quid pro quo and hostile work environment). It also requests the Government to take measures, in cooperation with the employers’ and workers’ organizations, to prevent sexual harassment both at the national level (awareness-raising campaigns, assistance and advice to victims, etc.) and at the enterprise level (internal rules, awareness-raising measures, etc.). The Government is also requested to communicate the relevant provisions of the General Public Service Regulations.

Equality of opportunity and treatment. Indigenous peoples. With reference to its comments on the Indigenous and Tribal Peoples Convention, 1989 (No. 169), the Committee again asks the Government to take the necessary measures to ensure protection against discrimination and the promotion of equality of opportunity and treatment of indigenous peoples, particularly the Mbororo and the Aka Pygmies, in education, vocational training and employment, and with respect to the exercise of their traditional activities, and to provide information in this regard.

Article 4. Persons suspected of activities prejudicial to the security of the State. The Committee reiterates its request to the Government to send copies, if applicable, of any court decisions concerning criminal cases involving activities considered prejudicial to the security of the State.

Enforcement. The Committee requests the Government to supply information on the measures taken to ensure that the labour inspection services are able to perform their duties. The Committee also requests the Government to provide information on the activities undertaken by the labour inspectorate to enforce the provisions of the Convention, including any available extracts from inspection reports.

Statistics. The Committee requests the Government to supply statistics, once these are available, indicating the number of men and women engaged in vocational training and the number of men and women who are employed or who exercise a formal or informal activity.

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

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

The Committee notes the report of the United Nations High Commissioner for Human Rights on the situation of human rights in the Central African Republic, according to which grave violations, such as summary executions – particularly of political opponents – torture, enforced disappearances, sexual violence against women and children, and arbitrary arrests and detention, have been perpetrated by armed groups in the country since December 2012 (A/HRC/24/59, 12 September 2013). The Committee notes that the report’s recommendations to the transitional Government include the adoption of urgent measures to restore security, democratic governance, constitutional order and the functioning of the justice system so that the perpetrators of these violations are brought to justice, and also the adoption of legal reforms to combat sexual and gender-based violence and improve protection for victims. The Committee also notes Resolution 2121 (2013) adopted by the Security Council on 10 October 2013, in which the Security Council expresses grave concern at the numerous serious human rights violations committed in the Central African Republic and strongly condemns these widespread violations (S/RES/2121(2013)). The Committee further notes the Security Council’s particular concern at the reports of violence targeting representatives of ethnic and religious groups and reports of increasing tensions between communities. In this regard, the Committee notes that, in the decision adopted on 13 November 2013, the African Union Peace and Security Council also expresses particular concern at the tensions and clashes between communities and religious groups. The Committee recalls that the objective of the Convention, particularly regarding equality of opportunity and treatment in employment and occupation without any distinction made on the basis of race, colour, sex, religion, political opinion, national extraction or social origin, cannot be achieved in a general context of serious human rights violations and social inequalities. In view of the serious concerns expressed regarding the human rights situation and its specific effects on women and ethnic and religious communities, the Committee urges the Government to take the necessary steps to promote equality of opportunity and treatment without any distinction made on the basis of race, colour, sex, religion, political opinion, national extraction or social origin and, in particular, to tackle the inferior social position of women and discriminatory laws, particularly relating to civil matters, which are reflected in sexual violence against them, which the Committee considers to have a serious impact on the application of the principles of the Convention. In this context, the Committee also urges the Government to create the necessary conditions to restore the rule of law and to give effect to the provisions of the Convention.

Article 1(1)(a) of the Convention. Prohibition of discrimination in employment or occupation. Legislation. The Committee notes the adoption on 18 July 2013 of Act No. 13.001 issuing the Constitutional Transition Charter, section 5 of which states that all human beings are equal before the law, without distinction as to race, ethnic origin, geographical origin, sex, religion, political affiliation or social status, and that the law guarantees equal rights for men and women in all spheres. It also notes that the Penal Code (Act No. 10.001 of 6 January 2010) provides that any person who commits discrimination towards natural or legal persons on the basis of their origin, sex, family situation, state of health, disability, customs, political opinions, trade union activities, or belonging to a particular nation, ethnic group, race or religion, shall be liable to punishment. However, the Committee recalls that the Labour Code (Act No. 09.004 of 29 January 2009) does not expressly prohibit discrimination on all the grounds enumerated in Article 1(1)(a) of the Convention, and does not cover all stages of employment. The Committee requests the Government to take the necessary steps to supplement the provisions of the Labour Code in order to clearly define and expressly prohibit any form of discrimination, on at least all the grounds set out in Article 1(1)(a) of the Convention, at all stages of employment, including recruitment.

Articles 2 and 3. Policy to promote equality of opportunity and treatment. In view of the above, the Committee requests the Government to take the necessary steps, in cooperation with workers’ and employers’ organizations, to implement the following:

• (i) a genuine national policy to promote equality of opportunity and treatment in employment and occupation without discrimination on the basis of religion, ethnic origin or any other ground prohibited by the Convention;
• (ii) the 2005 gender equality policy aimed at promoting and ensuring equal access for women and men to training and employment, particularly by combating stereotypes and prejudice regarding women’s role in the family and society, and also at making women more aware of their rights and better able to defend them.

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

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

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

Article 1(1)(b) of the Convention. Disability and HIV status. The Committee notes the Government’s indication that it has taken account of the 5 per cent quota for workers with disabilities – provided for under section 265 of the Labour Code – in the recruitment of new public service employees. It also notes that the labour inspectorate has not recorded any complaints of discrimination on the basis of HIV status or disability. The Committee requests the Government to continue providing information on the application in practice of section 266 of the Labour Code prohibiting discrimination on the basis of disability and section 316 relating to discrimination based on HIV status, as well as on all cases of discrimination that have been dealt with by the labour inspectorate or the courts. The Government is also requested to provide information on the implementation in practice of the obligation on private sector employers, pursuant to section 265 of the Labour Code, to constitute 5 per cent of the workforce with workers with disabilities.

Sexual harassment. The Committee notes that the Government reiterates that sexual harassment is prohibited in the public service and that, as far as the private sector is concerned, particular attention will be given to combating this discriminatory practice through a decree implementing the Labour Code. The Committee also notes that Act No. 06.032 of 27 December 2006 concerning the protection of women against violence, albeit not specifically concerned with the workplace, contains provisions to the effect that any person who harasses a woman by abusing the authority conferred on him by his duties or position and issuing orders or threats or imposing constraints with a view to obtaining favours of a sexual nature, shall be liable to punishment. With respect to the private sector, the Committee requests the Government to take the necessary steps to supplement the legislation to ban sexual harassment in both its forms (quid pro quo and hostile work environment). It also requests the Government to take measures, in cooperation with the employers’ and workers’ organizations, to prevent sexual harassment both at national level (awareness-raising campaigns, assistance and advice to victims, etc.) and at enterprise level (internal rules, awareness-raising measures, etc.). The Government is also requested to communicate the relevant provisions of the General Public Service Regulations.

Equality of opportunity and treatment. Indigenous peoples. With reference to its comments on the Indigenous and Tribal Peoples Convention, 1989 (No. 169), the Committee again asks the Government to take the necessary measures to ensure protection against discrimination and the promotion of equality of opportunity and treatment of indigenous peoples, particularly the Mbororo and the Aka Pygmies, in education, vocational training and employment, and with respect to the exercise of their traditional activities, and to provide information in this regard.

Article 4. Persons suspected of activities prejudicial to the security of the State. The Committee reiterates its request to the Government to send copies, if applicable, of any court decisions concerning criminal cases involving activities considered prejudicial to the security of the State.

Enforcement. The Committee requests the Government to supply information on the measures taken to ensure that the labour inspection services are able to perform their duties. The Committee also requests the Government to provide information on the activities undertaken by the labour inspectorate to enforce the provisions of the Convention, including any available extracts from inspection reports.

Statistics. The Committee requests the Government to supply statistics, once these are available, indicating the number of men and women engaged in vocational training and the number of men and women who are employed or who exercise a formal or informal activity.

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

The Committee notes the report of the United Nations High Commissioner for Human Rights on the situation of human rights in the Central African Republic, according to which grave violations, such as summary executions – particularly of political opponents – torture, enforced disappearances, sexual violence against women and children, and arbitrary arrests and detention, have been perpetrated by armed groups in the country since December 2012 (A/HRC/24/59, 12 September 2013). The Committee notes that the report’s recommendations to the transitional Government include the adoption of urgent measures to restore security, democratic governance, constitutional order and the functioning of the justice system so that the perpetrators of these violations are brought to justice, and also the adoption of legal reforms to combat sexual and gender-based violence and improve protection for victims. The Committee also notes resolution 2121 (2013) adopted by the Security Council on 10 October 2013, in which the Security Council expresses grave concern at the numerous serious human rights violations committed in the Central African Republic and strongly condemns these widespread violations (S/RES/2121(2013)). The Committee further notes the Security Council’s particular concern at the reports of violence targeting representatives of ethnic and religious groups and reports of increasing tensions between communities. In this regard, the Committee notes that, in the decision adopted on 13 November 2013, the African Union Peace and Security Council also expresses particular concern at the tensions and clashes between communities and religious groups. The Committee recalls that the objective of the Convention, particularly regarding equality of opportunity and treatment in employment and occupation without any distinction made on the basis of race, colour, sex, religion, political opinion, national extraction or social origin, cannot be achieved in a general context of serious human rights violations and social inequalities. In view of the serious concerns expressed regarding the human rights situation and its specific effects on women and ethnic and religious communities, the Committee urges the Government to take the necessary steps to promote equality of opportunity and treatment without any distinction made on the basis of race, colour, sex, religion, political opinion, national extraction or social origin and, in particular, to tackle the inferior social position of women and discriminatory laws, particularly relating to civil matters, which are reflected in sexual violence against them, which the Committee considers to have a serious impact on the application of the principles of the Convention. In this context, the Committee also urges the Government to create the necessary conditions to restore the rule of law and to give effect to the provisions of the Convention.

Article 1(1)(a) of the Convention. Prohibition of discrimination in employment or occupation. Legislation. The Committee notes the adoption on 18 July 2013 of Act No. 13.001 issuing the Constitutional Transition Charter, section 5 of which states that all human beings are equal before the law, without distinction as to race, ethnic origin, geographical origin, sex, religion, political affiliation or social status, and that the law guarantees equal rights for men and women in all spheres. It also notes that the Penal Code (Act No. 10.001 of 6 January 2010) provides that any person who commits discrimination towards natural or legal persons on the basis of their origin, sex, family situation, state of health, disability, customs, political opinions, trade union activities, or belonging to a particular nation, ethnic group, race or religion, shall be liable to punishment. However, the Committee recalls that the Labour Code (Act No. 09.004 of 29 January 2009) does not expressly prohibit discrimination on all the grounds enumerated in Article 1(1)(a) of the Convention, and does not cover all stages of employment. The Committee requests the Government to take the necessary steps to supplement the provisions of the Labour Code in order to clearly define and expressly prohibit any form of discrimination, on at least all the grounds set out in Article 1(1)(a) of the Convention, at all stages of employment, including recruitment.

Articles 2 and 3. Policy to promote equality of opportunity and treatment. In view of the above, the Committee requests the Government to take the necessary steps, in cooperation with workers’ and employers’ organizations, to implement the following:

• (i) a genuine national policy to promote equality of opportunity and treatment in employment and occupation without discrimination on the basis of religion, ethnic origin or any other ground prohibited by the Convention;
• (ii) the 2005 gender equality policy aimed at promoting and ensuring equal access for women and men to training and employment, particularly by combating stereotypes and prejudice regarding women’s role in the family and society, and also at making women more aware of their rights and better able to defend them.

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

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:

Repetition

Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. Legislation. In its previous comments, the Committee drew the Government’s attention to the fact that the new Labour Code (Act No. 09.004 of 28 January 2009) does not expressly prohibit discrimination on all the grounds enumerated in Article 1(1)(a) of the Convention, and does not cover all stages of employment. The Committee notes the Government’s indication that the points raised by the Committee, particularly the need to broaden the definition of discrimination to incorporate all the grounds listed in the Convention, will be taken into account in the implementing provisions of the Labour Code. Recalling that when legal provisions are adopted to give effect to the provisions of the Convention, these must include at least all the grounds of discrimination enumerated in Article 1(1)(a) of the Convention, the Committee requests the Government to take the necessary measures to ensure that the provisions of the Labour Code prohibit direct and indirect discrimination, on all the grounds set out in the Convention, at all stages of employment, including recruitment. It requests the Government to send a copy of any text adopted to implement the provisions concerning equality and non discrimination set out in the Labour Code.

Article 1(1)(b). Additional grounds of discrimination. Disability and HIV status. The Committee notes that, according to the Government, activities were carried out to make the social partners more aware of discrimination based on disability and HIV and AIDS status. The Committee asks the Government to continue providing information on the application in practice of sections 266 and 316 of the Labour Code relating to discrimination based on disability and HIV and AIDS status, as well as on all cases of discrimination based on these grounds that have been dealt with by the labour inspection service or the courts. The Committee also asks the Government to provide information on the implementation in practice of the employers’ obligation, pursuant to section 265 of the Labour Code, to employ 5 per cent of disabled workers.

Equality of opportunity and treatment. Indigenous peoples. The Committee notes the ratification, by the Central African Republic, of the Indigenous and Tribal Peoples Convention, 1989 (No. 169) on 30 August 2010. The Committee considers that the ratification of this Convention marks a significant step forward in achieving the objective of Convention No. 111 and asks the Government to take the necessary measures to ensure protection against discrimination and the promotion of equality of opportunity and treatment of indigenous peoples, particularly the Mbororos and the Aka Pygmies, in education, vocational training and employment, and with respect to the exercise of their traditional activities.

Discrimination on the grounds of sex. Sexual harassment. The Committee notes that, according to the Government, the General Regulations of the Public Service severely penalize sexual harassment; as far as the private sector is concerned, this discriminatory practice will be covered by implementing provisions of the Labour Code. The Committee requests the Government to provide a copy of the General Regulations of the Public Service applicable to sexual harassment in the public service. With respect to the private sector, the Committee trusts that provisions will soon be adopted in order to define and ban sexual harassment (quid pro quo and hostile environment), and requests the Government to send a copy of the relevant implementing text once it has been adopted. The Government is also asked to provide information on any measures taken or envisaged, in cooperation with the employers’ and workers’ organizations, to prevent sexual harassment both at national level (awareness-raising campaigns, assistance and advice to victims, etc.) and at the level of the enterprise (internal rules, awareness-raising measures, etc.).

Article 5. Special measures of protection. In its previous comments, the Committee noted that section 252 of the Labour Code provided that “a woman may not be kept in a job recognized to be beyond her strength and must be assigned to a suitable job” and that, under section 257, “a joint order of the minister in charge of labour and the minster in charge of public health issued following an opinion from the National Permanent Council on Labour shall determine the nature of work prohibited for women”. Noting that, according to the Government, consultations within the National Permanent Council of Labour are planned on the subject of the application of section 252 of the Labour Code, the Committee requests the Government to provide information on the outcome of these consultations and on any implementing text adopted in this respect. The Committee asks the Government once again to specify whether an order determining the nature of work prohibited for women has been adopted pursuant to section 257 and, if so, to provide a copy of it.

Furthermore, the Committee notes with regret that the Government’s previous report has still not replied to certain points raised in its direct request addressed to the Government in 2008, which reads as follows:

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:

• (i) 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;
• (ii) 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;
• (iii) 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.

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.

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.

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.

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

Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. Legislation. In its previous comments, the Committee drew the Government’s attention to the fact that the new Labour Code (Act No. 09.004 of 28 January 2009) does not expressly prohibit discrimination on all the grounds enumerated in Article 1(1)(a) of the Convention, and does not cover all stages of employment. The Committee notes the Government’s indication that the points raised by the Committee, particularly the need to broaden the definition of discrimination to incorporate all the grounds listed in the Convention, will be taken into account in the implementing provisions of the Labour Code. Recalling that when legal provisions are adopted to give effect to the provisions of the Convention, these must include at least all the grounds of discrimination enumerated in Article 1(1)(a) of the Convention, the Committee requests the Government to take the necessary measures to ensure that the provisions of the Labour Code prohibit direct and indirect discrimination, on all the grounds set out in the Convention, at all stages of employment, including recruitment. It requests the Government to send a copy of any text adopted to implement the provisions concerning equality and non-discrimination set out in the Labour Code.

Article 1(1)(b). Additional grounds of discrimination. Disability and HIV/AIDS status. The Committee notes that, according to the Government, activities were carried out to make the social partners more aware of discrimination based on disability and HIV and AIDS status. The Committee asks the Government to continue providing information on the application in practice of sections 266 and 316 of the Labour Code relating to discrimination based on disability and HIV and AIDS status, as well as on all cases of discrimination based on these grounds that have been dealt with by the labour inspection service or the courts. The Committee also asks the Government to provide information on the implementation in practice of the employers’ obligation, pursuant to section 265 of the Labour Code, to employ 5 per cent of disabled workers.

Equality of opportunity and treatment. Indigenous peoples. The Committee notes with interest the ratification, by the Central African Republic, of the Indigenous and Tribal Peoples Convention, 1989 (No. 169) on 30 August 2010. The Committee considers that the ratification of this Convention marks a significant step forward in achieving the objective of Convention No. 111 and asks the Government to take the necessary measures to ensure protection against discrimination and the promotion of equality of opportunity and treatment of indigenous peoples, particularly the Mbororos and the Aka Pygmies, in education, vocational training and employment, and with respect to the exercise of their traditional activities.

Discrimination on the grounds of sex. Sexual harassment. The Committee notes that, according to the Government, the General Regulations of the Public Service severely penalize sexual harassment; as far as the private sector is concerned, this discriminatory practice will be covered by implementing provisions of the Labour Code. The Committee requests the Government to provide a copy of the General Regulations of the Public Service applicable to sexual harassment in the public service. With respect to the private sector, the Committee trusts that provisions will soon be adopted in order to define and ban sexual harassment (quid pro quo and hostile environment), and requests the Government to send a copy of the relevant implementing text once it has been adopted. The Government is also asked to provide information on any measures taken or envisaged, in cooperation with the employers’ and workers’ organizations, to prevent sexual harassment both at national level (awareness-raising campaigns, assistance and advice to victims, etc.) and at the level of the enterprise (internal rules, awareness-raising measures, etc.).

Article 5. Special measures of protection. In its previous comments, the Committee noted that section 252 of the Labour Code provided that “a woman may not be kept in a job recognized to be beyond her strength and must be assigned to a suitable job” and that, under section 257, “a joint order of the minister in charge of labour and the minster in charge of public health issued following an opinion from the National Permanent Council on Labour shall determine the nature of work prohibited for women”. Noting that, according to the Government, consultations within the National Permanent Council of Labour are planned on the subject of the application of section 252 of the Labour Code, the Committee requests the Government to provide information on the outcome of these consultations and on any implementing text adopted in this respect. The Committee asks the Government once again to specify whether an order determining the nature of work prohibited for women has been adopted pursuant to section 257 and, if so, to provide a copy of it.

Furthermore, the Committee notes with regret that the Government’s report has still not replied to certain points raised in its previous direct request, which reads as follows:

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:

• (i) 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;
• (ii) 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;
• (iii) 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.

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.

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.

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.

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

Article 1, paragraph 1(a), of the Convention. Prohibited grounds of discrimination. Legislation. In its previous comments, the Committee drew the Government’s attention to the need to ensure that the new Labour Code expressly prohibits discrimination on all the grounds set out in the Convention at all stages of employment, including recruitment. The Committee takes note of the enactment of Act No. 09.004 of 28 January 2009 issuing the Labour Code, and notes that under section 10 of the Code, “the Act ensures equality of opportunity and treatment in employment and work without any discrimination” and that “access to vocational training is ensured for all workers, without any discrimination” (section 14). Furthermore, workers “may not be taken to task or punished, or suffer any injury to their careers because of their political, trade union or religious opinions” (section 9). The Committee further notes that the Labour Code defines discrimination as “any distinction, exclusion or preference, the effect of which is to destroy or impair equality of treatment in employment or occupation” (section 3). It points out, however, that this definition does not cover equality of opportunity or enumerate all the grounds of discrimination listed in Article 1(1)(a) of the Convention other than in the case of the political and religious opinions referred to in section 9 of the Code and, even then, it would appear only in the course of employment (“in their careers”). The Committee recalls that, in order to give practical effect to the framework for combating discrimination in employment and occupation, it is important that the definition of discrimination covers all the grounds of discrimination set out in the Convention and that it should apply at all stages of employment, including recruitment. The Committee requests the Government to indicate the measures taken or envisaged to supplement the legal framework to combat discrimination established by the new Labour Code, by introducing a prohibition against discrimination, whether direct or indirect, on all the grounds set out in the Convention, at all stages of employment. It requests the Government to send a copy of any text adopted to ensure application of the principle of equality set forth in sections 10 and 14 of the Labour Code.

Article 1, paragraph 1(b). Additional grounds of discrimination. Legislation. The Committee notes with interest that the new Labour Code contains provisions prohibiting discrimination against any job applicants based on physical or mental disability (section 266) as well as provisions establishing equality of opportunity and treatment for “any worker suffering or said to be suffering from HIV/AIDS, on a par with other workers” (section 316). The Committee requests the Government to provide information on the application in practice of sections 266 and 316 of the Labour Code relating to discrimination based on disability and HIV/AIDS status.

Discrimination on the ground of sex. Sexual harassment. The Committee refers to its previous comments in which it had asked the Government to ensure that the new Labour Code and the Civil Service Act contained provisions clearly defining and prohibiting sexual harassment, and to provide information on action taken to raise awareness among enterprises with a view to preventing and combating this form of discrimination. The Committee again notes that the new Labour Code contains no provisions on sexual harassment, contrary to what appeared to be planned according to the information sent by the Government in 2007. Furthermore, it notes with regret that the Government’s report received in 2009 includes no information on this matter. Consequently, the Committee requests the Government to indicate the measures taken or envisaged to prevent and combat sexual harassment at work in the public and private sectors. It again asks the Government to provide a copy of Ordinance No. 93.008 of 14 June 1992, as amended by Act No. 99.016, issuing the General Regulations of the Central African Public Service.

Article 5. Special measures of protection. The Committee notes that section 252 of the Labour Code provides that “a woman may not be kept in a
job ... recognized to be beyond her strength and must be assigned to a suitable job”. It also notes that “a joint order of the Minister in charge of Labour and the Minister in charge of public health issued following an opinion from the National Permanent Council on Labour shall determine the nature of work prohibited for women” (section 257). In this connection, the Committee would draw the Government’s attention to the importance of ensuring both that special measures of protection for women are not based on a stereotyped view of their professional skills and their role in society, and that such provisions are strictly limited to maternity protection. The Committee requests the Government to provide information on the application in practice of section 252 and to specify whether an order determining the nature of work prohibited for women has been adopted pursuant to section 257 and, if so, to provide a copy of it. The Government is likewise asked to state whether consultations on this matter have been conducted or are envisaged in the National Permanent Council on Labour.

The Committee furthermore notes that the Government’s report does not reply to some of the points raised in its previous direct request, which read as follows:

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.

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.

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.

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.

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

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.

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

1. Article 1 of the Convention. Application in law. The Committee notes that article 5 of the new Constitution of 27 December 2004 provides that all human beings are equal before the law without distinction as to race, ethnic origin, region, sex, religion, political affiliation or social position and that the law guarantees equal rights to men and women. Article 9 of the Constitution provides for equality of all citizens in employment and that nobody can be prejudiced in employment by reason of his or her origin, sex, opinions or belief. The Committee requests the Government to provide information on the measures taken or envisaged to implement these provisions in practice, and information on any judicial decisions applying articles 5 and 9 of the new Constitution.

2. The Committee recalls the Government’s statement to the effect that the new Labour Code will contain a provision ensuring equal opportunities in employment and occupation. It requests the Government to ensure that the new Labour Code prohibits discrimination on all grounds set out in Article 1(a) of the Convention and in respect of all aspects of employment, including recruitment, and to provide information on the progress made in this regard in its next report. The Committee also requests the Government to provide a copy of the Civil Service Act (Ordinance No. 93.008 of 14 June 1993), as amended.

3. Discrimination on the ground of sex. Sexual harassment. Recalling its 2002 general observation, the Committee notes from the Government’s report that the Civil Service Act addresses the practice of sexual harassment in the public service. However, there was a need to take legislative measures regarding sexual harassment in the private sector and a consultation with the social partners was planned to discuss this matter. While the Committee will examine the Civil Service Act as soon as it becomes available, it requests the Government to indicate any progress made to address sexual harassment in the private sector through legislative and other measures.

4. Articles 2 and 3. National policy on equality of opportunity and treatment. The Committee notes the information provided on the activities of the Central African Agency for Vocational Training and Employment (ACFPE), which, according to the Government, registers and publishes job demands without discrimination. The ACFPE also monitors the recruitment process in order to prevent discrimination. The Committee requests the Government to continue to provide information on any policies or programmes carried out by the Government to promote equality of opportunity and treatment in employment and occupation, irrespective of race, colour, sex, religion, political opinion, national extraction or social origin. The Committee also requests the Government to supply 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 has been collected.

5. Cooperation with workers’ and employers’ organizations. The Committee notes from the Government’s report that the membership of the Governing Body of the ACFPE is tripartite. Please provide information on the concrete activities of the ACFPE Governing Body to promote the application of the Convention, and indicate any other efforts made by the Government to seek the cooperation of the social partners regarding equality of opportunity and treatment in employment and occupation.

6. Article 4. Persons engaged in activities prejudicial to the security of the State. The Committee notes the Government’s statement that, so far, no legislative or administrative measure has been taken in respect to the employment and occupational activity of persons engaged in activities prejudicial to the security of the State. However, such persons may be subject to penal sanctions. Please provide examples of judicial decisions concerning cases involving activities considered prejudicial to the security of the State.

7. Parts III and IV of the report form. The Committee notes from the Government’s report that several judicial decisions relating to the Convention have been handed down, but that it was not in a position to supply copies of these decisions. Further, the Committee notes that the labour inspection service has not been able to investigate any matters related to the Convention since 2003. The Government is asked to make every effort to supply copies of judicial decisions involving issues of discrimination and equality in employment and occupation, and to indicate the measures taken to enable the labour inspection services to carry out its functions and to indicate any interventions made by them to ensure the application of the Convention.

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

1. Article 1 of the Convention. Sexual harassment. With reference to its general observation of 2002, the Committee requests the Government to provide information on the status of any legislative or other measures taken or envisaged to combat sexual harassment at work.

2. Application in law. The Committee notes that article 1 of Constitutional Act No. 1, of 15 March 2003, repeals the Constitution of 14 January 1995. The Committee requests the Government to provide information with its next report on whether a new Constitution has been adopted and whether it ensures the principle of equality of opportunity and treatment in employment and occupation.

3. The Committee notes from the Government’s report that a new draft Labour Code has been drafted. It notes the Government’s indication that section 8 of the draft Labour Code ensures equal opportunities in employment and occupation. It hopes that the new Labour Code will prohibit discrimination in employment and occupation on all grounds set out in Article 1(1)(a) of the Convention, namely race, colour, sex, religion, political opinion, national extraction or social origin. The Committee requests the Government to provide information with its next report on the progress made in the adoption of the new Labour Code and to provide a copy once it has been enacted.

4. Article 2. National policy on equality of opportunity and treatment. The Committee notes the Government’s statement that the Central African Agency for Vocational Training and Employment (ACFPE) is the agency responsible for adopting and pursuing a national policy to promote equality of opportunity and treatment in employment and occupation. It notes the Government’s statement that the text of the Agency’s mandate has still not been adopted. The Committee requests the Government to provide detailed information with its next report on the mandate of the ACFPE and on measures that have been taken or envisaged to formulate and apply a national policy designed to promote equality of opportunity and treatment in employment and occupation.

5. Article 3(a). Tripartite consultations. The Committee notes the Government’s statement that tripartite consultations to promote the principle of equal opportunities in employment and occupation take place under the terms of the Code of the National Consultative Labour Committee (Code de la Commission Consultative National du Travail). It requests the Government to provide detailed information on the tripartite consultations undertaken and other measures taken or envisaged to promote the principle of equal opportunities in employment and occupation.

6. Article 3(b). Access to vocational training. The Committee requests the Government to provide detailed information with its next report on the measures taken or envisaged to improve the skill levels of women workers and of workers belonging to minority groups and their access to decision-making positions.

7. Article 4. Persons engaged in activities prejudicial to the security of the State. Noting that the Government’s report does not contain any information on this subject, the Committee reiterates the request that it has been making for many years for the Government to provide information and copies of legislative texts with its next report on the administrative provisions governing the employment or occupational activity of persons legitimately suspected of engaging in an activity liable to harm the security of State and the means of redress available to them, including any court decisions issued under such provisions.

8. Part V of the report form. Statistical information. The Committee notes the statement in the Government’s report under Convention No. 100 that the archives of statistical information were destroyed during the recent unrest in the country. It notes from the Government’s statement that a new statistical agency has become operational but that statistical information is still not available. The Committee hopes that the Government will once again be in a position to collect statistical information, in particular on the number of women and men employed in both the private sector and the public sector, including their occupations and level of responsibility. It points out in this connection that inequality of opportunity and treatment in employment and occupation are often overlooked because they are inadequately detected and recorded in statistics, which negatively affects the application of the Convention.

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

The Committee notes the information contained in the Government’s report.

1. The Committee notes with interest the Government’s confirmation in its report that the grounds of political opinion, national extraction and social origin are covered, respectively, by the terms "appartenance politique, origine ethnique et position sociale" (political affiliation, ethnic origin and social status) set forth in article 5 of the 1995 Constitution.

2. Observing, however, that "colour", one of the seven grounds of discrimination prohibited by the Convention, does not appear in the new Constitution, the Committee once again draws the Government’s attention to the importance of covering all the grounds of discrimination set out in Article 1, paragraph 1(a), of the Convention in formulating the national policy to combat discrimination in employment and occupation required by Article 2. It accordingly reiterates its request for information on any legislation prohibiting discrimination on the basis of colour in employment and occupation.

3. The Committee notes the adoption of Act No. 99.016 amending and supplementing certain provisions of Ordinance No. 93.008 of 14 June 1993, which establishes the general regulations of the public service of the Central African Republic. The Committee notes that the Government provides no information on the application of the new legislation and its impact. It requests the Government to send a copy of the abovementioned Act and of Decree No. 00.172 of 10 July 2000 issued thereunder. Noting that the Government merely refers to the above texts, the Committee asks the Government to indicate whether provisions of Ordinance No. 80/064 of 1980 regulating the conditions of employment of various categories of managerial staff in the central public administration are still in force.

4. The Committee notes from the information supplied by the Government that the provisions of the preliminary draft of the new Labour Code ensure equal opportunities and treatment for all in employment and work. It further notes that under section 12 of the draft, only nationals enjoy access to vocational training without discrimination of any kind in accordance with the requirements established by law. Recalling that the elimination of any discrimination in employment and occupation on grounds of race, colour, sex, religion, political opinion, national extraction or social origin applies to non-nationals as well as nationals, the Committee asks the Government to keep it informed of progress made in revising the Labour Code on this point.

5. The Committee notes the merger of the National Labour Office (ONMO) with the National Interoccupational Training Organization (ONIFOP) to form a single body: the Central African Agency for Vocational Training and Employment (ACFPE). The Committee would appreciate information on the role of the new body in the formulation and application of a national policy designed to promote equal treatment in employment and occupation. Please also report on the measures taken pursuant to this policy, and the results obtained.

6. The Committee requests the Government to provide reliable statistics on the number of women and men employed in the private sector and the public sector, including occupations and level of responsibility. It points out, in this connection that, where inequalities of opportunity and treatment in employment and occupation are overlooked because they are inadequately detected and recorded in statistics, effective application of the Convention is affected.

7. With regard to the comments it has been making for many years, the Committee notes with regret that the Government has provided copies neither of the administrative provisions governing the employment or occupational activity of persons legitimately suspected of engaging in an activity liable to harm the security of State and the means of redress available to them, nor of any court decisions issued under such provisions. It trusts that the Government will do its utmost to provide the information requested as soon as possible.

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

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

1.  The Committee notes the report sent by the Government. It notes with interest that under article 5 of the 1995 Constitution, "All human beings are equal before the law, without distinction as to race, ethnic origin, region, sex, religion, political leanings and social position. Equality between men and women in respect of all rights shall be ensured by law". The Committee asks the Government to confirm that the terms "political leanings, ethnic origin and social position" do cover, respectively, the criteria of political opinion, national extraction and social origin which were omitted in the 1986 Constitution. Noting that the criterion of colour, which is one of the seven grounds for discrimination prohibited by the Convention, has been omitted in the new Constitution, the Committee wishes to draw the Government’s attention to the importance which should be attached to all the sources of discrimination envisaged in Article 1, paragraph 1(a), of the Convention, in declaring and pursuing a national policy to combat discrimination in employment and occupation, in accordance with Article 2. It therefore asks the Government to inform it of any texts which cover non-discrimination on the basis of colour in employment and occupation.

2.  The Committee again asks the Government to confirm the adoption of: (a) the specific regulations provided for in section 57 of Ordinance No. 80/064 of 1980 governing the employment conditions of the various categories of staff in the central administration; and (b) the decrees issued under sections 16, 28 and 29 of the above Ordinance concerning the classification of public officials by category and the procedures for their promotion, and to provide copies of these texts if they have indeed been adopted.

3.  Noting that the Government reiterates in its report that the Labour Department has no reliable statistical data on the number of women holding jobs in the private and public sectors (including women in high-level posts), the Committee again draws the Government’s attention to the fact that it may request technical assistance in this field from the Office. In this connection, the Committee wishes to recall that, where inequalities of opportunity and treatment in employment and occupation are overlooked because they are not properly reflected in statistics, the effective application of the Convention cannot but be affected.

4.  Article 4.  The Committee asks the Government to supply copies of administrative texts governing the employment or occupational activities of persons who are legitimately suspected of activities prejudicial to the security of the State and the remedies available to such persons, as well as copies of court rulings issued under these texts, if any.

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

The Committee regrets that the Government in its report indicates only that there have been no changes and refers to its previous report, without providing the information requested. The Committee must therefore repeat its previous comments, which read as follows:

1. The Committee notes the report sent by the Government. It notes with interest that under article 5 of the 1995 Constitution, "All human beings are equal before the law, without distinction as to race, ethnic origin, region, sex, religion, political leanings and social position. Equality between men and women in respect of all rights shall be ensured by law". The Committee asks the Government to confirm that the terms "political leanings, ethnic origin and social position" do cover, respectively, the criteria of political opinion, national extraction and social origin which were omitted in the 1986 Constitution. Noting that the criterion of colour, which is one of the seven grounds for discrimination prohibited by the Convention, has been omitted in the new Constitution, the Committee wishes to draw the Government's attention to the importance which should be attached to all the sources of discrimination envisaged in Article 1, paragraph 1(a), of the Convention, in declaring and pursuing a national policy to combat discrimination in employment and occupation, in accordance with Article 2. It therefore asks the Government to inform it of any texts which cover non-discrimination on the basis of colour in employment and occupation.

2. The Committee again asks the Government to confirm the adoption of: (a) the specific regulations provided for in section 57 of Ordinance No. 80/064 of 1980 governing the employment conditions of the various categories of staff in the central administration; and (b) the decrees issued under sections 16, 28 and 29 of the above Ordinance concerning the classification of public officials by category and the procedures for their promotion, and to provide copies of these texts if they have indeed been adopted.

3. Noting that the Government reiterates in its report that the Labour Department has no reliable statistical data on the number of women holding jobs in the private and public sectors (including women in high-level posts), the Committee again draws the Government's attention to the fact that it may request technical assistance in this field from the Office. In this connection, the Committee wishes to recall that, where inequalities of opportunity and treatment in employment and occupation are overlooked because they are not properly reflected in statistics, the effective application of the Convention cannot but be affected.

4. Article 4. The Committee asks the Government to supply copies of administrative texts governing the employment or occupational activities of persons who are legitimately suspected of activities prejudicial to the security of the State and the remedies available to such persons, as well as copies of court rulings issued under these texts, if any.

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

1. The Committee notes the report sent by the Government. It notes with interest that under article 5 of the 1995 Constitution, "All human beings are equal before the law, without distinction as to race, ethnic origin, region, sex, religion, political leanings and social position. Equality between men and women in respect of all rights shall be ensured by law". The Committee asks the Government to confirm that the terms "political leanings, ethnic origin and social position" do cover, respectively, the criteria of political opinion, national extraction and social origin which were omitted in the 1986 Constitution. Noting that the criterion of colour, which is one of the seven grounds for discrimination prohibited by the Convention, has been omitted in the new Constitution, the Committee wishes to draw the Government's attention to the importance which should be attached to all the sources of discrimination envisaged in Article 1, paragraph 1(a) of the Convention, in declaring and pursuing a national policy to combat discrimination in employment and occupation, in accordance with Article 2. It therefore asks the Government to inform it of any texts which cover non-discrimination on the basis of colour in employment and occupation.

2. The Committee again asks the Government to confirm the adoption of: (a) the specific regulations provided for in section 57 of Ordinance No. 80/064 of 1980 governing the employment conditions of the various categories of staff in the central administration; and (b) the decrees issued under sections 16, 28 and 29 of the above Ordinance concerning the classification of public officials by category and the procedures for their promotion, and to provide copies of these texts if they have indeed been adopted.

3. Noting that the Government reiterates in its report that the Labour Department has no reliable statistical data on the number of women holding jobs in the private and public sectors (including women in high-level posts), the Committee again draws the Government's attention to the fact that it may request technical assistance in this field from the Office. In this connection, the Committee wishes to recall that, where inequalities of opportunity and treatment in employment and occupation are overlooked because they are not properly reflected in statistics, the effective application of the Convention cannot but be affected.

4. Article 4. The Committee asks the Government to supply copies of administrative texts governing the employment or occupational activities of persons who are legitimately suspected of activities prejudicial to the security of the State and the remedies available to such persons, as well as copies of court rulings issued under these texts, if any.

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

The Committee notes that the Government's report, while stressing that there is no discrimination in access to vocational training, access to employment and terms and conditions of employment on the basis of race, sex, religion and political opinion, contains no reply to its previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request.

1. As regards the omission in the Constitution of 1986, among the grounds of prohibited discrimination of certain grounds listed in Article 1, paragraph 1(a), of the Convention, i.e. political opinion, national extraction, social origin and colour, the Committee asks the Government to indicate both the legislative and practical measures that have been taken to implement a national policy to eliminate discrimination on all the grounds listed in the Convention and to ensure effective promotion of equality of opportunity and treatment irrespective of sex, race, colour, religion, political opinion, national extraction or social origin, particularly with regard to: (a) access to vocational training; (b) access to employment and to particular occupations; and (c) terms and conditions of employment. The Committee would like to receive, in particular, detailed information on the results obtained in these areas, such as statistical disaggregated on various grounds covering school attendance, attendance at training courses (particularly those coming under the activities of the National Inter-occupational Organization for Training and Advanced Training), access to the various occupations under the control of the National Office of Manpower, and on the results of the inspections carried out by the inspection services, to which the Government referred in its last report.

2. As regards women in particular, the Committee requests the Government to provide information on the number of women holding jobs in the private and public sectors (including women holding high-level posts in the public administration) and on the proportion of women to men.

3. The Committee also hopes that the Government will be able to communicate: (a) a copy of some of the specific regulations provided for in section 57 of Ordinance No. 80/064 of 1980 governing the employment conditions of the various categories of staff in the central administration; and (b) the text of the Decrees issued under sections 16, 28 and 29 of Ordinance No. 80/064 concerning the classification of officials by categories and the procedures for their promotion.

4. With regard to the exercise of employment of persons who are legitimately suspected of activities prejudicial to the security of the State, the Government indicates that such persons are subject to administrative measures (prosecution, expulsion in the case of foreigners, house arrest in the case of nationals), but that they can appeal against such measures. The Committee again requests the Government to provide a copy of the legislative provisions under which these measures are issued and, where applicable, a copy of any court rulings concerning such persons.

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

1. The Committee notes that the Government's brief report supplies general information attesting to the existence of constitutional, legislative and regulatory provisions prohibiting discrimination but contains no specific reply to the points raised in its previous comments regarding practical application of the Convention. The Committee hopes that the next report will supply full particulars on the following points.

2. The Committee notes that a new Constitution, adopted on 14 January 1995, is included on the list of texts provided under point I of the report form but a copy of it has neither been sent to the Office nor is attached to the report. The Committee requests the Government to send it a copy as soon as possible. It hopes that the Constitution has taken into account its previous comments concerning the omission in the previous Constitution of 1986 of political opinion, national extraction, social origin and colour as prohibited grounds for discrimination. It also requests the Government once again to send it, at the same time, copies of the texts requested in point 3 of its previous direct request, namely: (a) a copy of some of the specific regulations provided for in section 57 of Ordinance No. 80/064 of 1980 governing the employment conditions of the various categories of staff in the central administration; and (b) the text of the Decrees were apparently issued under sections 16, 28 and 29 of Ordinance No. 80/064 concerning the classification of public officials by categories and the procedures for their promotion.

3. The Committee notes that, according to the report, the Department of Labour has no reliable data concerning application of Article 3(f) of the Convention. Referring to paragraphs 240 and 247 of its 1988 General Survey on equality in employment and occupation, the Committee reiterates the hope that the Government will be able to collect and supply with its next report information, particularly statistics, allowing appreciation of application of the Convention, in particular the statistical data requested in paragraph 2 of its previous direct request on the number of women holding jobs in the private and public sectors. The ILO is ready to examine any request for technical assistance in this field which the Government may wish to request.

4. With regard to the employment or occupational activities of persons who are legitimately suspected of activities prejudicial to the security of the State, the Committee notes that, according to the report, the perpetrators of acts sanctionable under penal legislation are punished in accordance with the texts in force and that they may lodge an appeal. The Committee requests the Government to provide information on the legislative or administrative measures governing employment of these persons, details on the remedies available to them and copies of any court rulings which have been handed down concerning such persons.

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

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

1. The Committee notes with interest that a new Constitution was adopted in November 1986, the preamble of which provides that men and women are equal before the law and that any discrimination on ground such as wealth, race and religion is forbidden. The Committee also notes that the Constitution establishes free access to education and equal rights for all citizens to apply for offices, positions and jobs.

2. The Committee notes, however, that among the grounds on which it is forbidden to discriminate, the Constitution does not mention a number of the other grounds referred to by Article 1, paragraph 1(a), of the Convention, i.e. political opinion, national extraction, social origin and colour. The Committee therefore asks the Government - as it did in its previous comments - to indicate both the legislative and practical measures that have been taken to implement a national policy preventing discrimination on all the grounds listed in the Convention and to ensure effective promotion of equality of opportunity and treatment irrespective of sex, race, colour, religion, political opinion, national extraction or social origin, particularly with regard to: (a) access to vocational training; (b) access to employment and to particular occupations; and (c) terms and conditions of employment. The Committee would like to receive, in particular, detailed information on the results obtained in these areas, such as statistical data by sex, religion, ethnic extraction, etc., covering school attendance, attendance at training courses (particularly those coming under the activities of the National Inter-occupational Organization for Training and Advanced Training), access to the various occupations under the control of the National Office of Manpower, and on the results of the inspections carried out by the inspection services, to which the Government referred in its last report.

3. As regards women in particular, the Committee requests the Government to provide information on the number of women holding jobs in the private and public sectors (including women holding high-level posts in the public administration) and on the proportion of women to men.

4. The Committee also hopes that the Government will be able to communicate: (a) a copy of some of the specific conditions of employment provided for in section 57 of Ordinance No. 80/064 of 1980 governing the employment conditions of the various categories of staff in the central administration; and (b) the text of the Decrees issued under sections 16, 28 and 29 of Ordinance No. 80/064 concerning the classification of officials by categories and the procedures for their promotion.

5. With regard to the exercise of employment of persons who are legitimately suspected of activities prejudicial to the security of the State, the Government indicates that such persons are subject to administrative measures (prosecution, expulsion in the case of foreigners, house arrest in the case of nationals), but that they can appeal against such measures. The Committee again requests the Government to provide a copy of the legal provisions under which these measures are issued and, where applicable, a copy of any court rulings concerning such persons.

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

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

1. The Committee notes with interest that a new Constitution was adopted in November 1986, the preamble of which provides that men and women are equal before the law and that any discrimination on ground such as wealth, race and religion is forbidden. The Committee also notes that the Constitution establishes free access to education and equal rights for all citizens to apply for offices, positions and jobs.

2. The Committee notes, however, that among the grounds on which it is forbidden to discriminate, the Constitution does not mention a number of the other grounds referred to by Article 1(a) of the Convention, i.e. political opinion, national extraction, social origin and colour. The Committee therefore asks the Government - as it did in its previous comments - to indicate both the legislative and practical measures that have been taken to implement a national policy preventing discrimination on all the grounds listed in the Convention and to ensure effective promotion of equality of opportunity and treatment irrespective of sex, race, colour, religion, political opinion, national extraction or social origin, particularly with regard to: (a) access to vocational training; (b) access to employment and the various occupations; and (c) conditions of employment. The Committee would like to receive, in particular, detailed information on the results obtained in these areas, such as statistical data by sex, religion, ethnic extraction, etc., covering school attendance, attendance at training courses (particularly those coming under the activities of the National Inter-occupational Organization for Training and Advanced Training), access to the various occupations under the control of the National Office of Manpower, and on the results of the inspections carried out by the inspection services, to which the Government referred in its last report.

3. As regards women in particular, the Committee requests the Government to provide information on the number of women holding jobs in the private and public sectors (including women holding high-level posts in the public administration) and on the proportion of women to men.

4. The Committee also hopes that the Government will be able to communicate: (a) a copy of some of the specific conditions of employment provided for in section 57 of Ordinance No. 80/064 of 1980 governing the employment conditions of the various categories of staff in the central administration; and (b) the text of the Decrees issued under sections 16, 28 and 29 of Ordinance No. 80/064 concerning the classification of officials by categories and the procedures for their promotion.

5. With regard to the exercise of employment of persons who are legitimately suspected of activities prejudicial to the security of the State, the Government indicates that such persons are subject to administrative measures (prosecution, expulsion in the case of foreigners, house arrest in the case of nationals), but that they can appeal against such measures. The Committee again requests the Government to provide a copy of the legal provisions under which these measures are issued and, where applicable, a copy of any court rulings concerning such persons.

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

The Committee notes that the Government's report contains no reply to its comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes with interest that a new Constitution was adopted in November 1986, the preamble of which provides that men and women are equal before the law and that any discrimination on ground such as wealth, race and religion is forbidden. The Committee also notes that the Constitution establishes free access to education and equal rights for all citizens to apply for offices, positions and jobs.

2. The Committee notes, however, that among the grounds on which it is forbidden to discriminate, the Constitution does not mention a number of the other grounds referred to by Article 1(a) of the Convention, i.e. political opinion, national extraction, social origin and colour. The Committee therefore asks the Government - as it did in its previous comments - to indicate both the legislative and practical measures that have been taken to implement a national policy preventing discrimination on all the grounds listed in the Convention and to ensure effective promotion of equality of opportunity and treatment irrespective of sex, race, colour, religion, political opinion, national extraction or social origin, particularly with regard to: (a) access to vocational training; (b) access to employment and the various occupations; and (c) conditions of employment. The Committee would like to receive, in particular, detailed information on the results obtained in these areas, such as statistical data by sex, religion, ethnic extraction, etc., covering school attendance, attendance at training courses (particularly those coming under the activities of the National Inter-occupational Organisation for Training and Advanced Training), access to the various occupations under the control of the National Office of Manpower, and on the results of the inspections carried out by the inspection services, to which the Government referred in its last report.

3. As regards women in particular, the Committee requests the Government to provide information on the number of women holding jobs in the private and public sectors (including women holding high-level posts in the public administration) and on the proportion of women to men.

4. The Committee also hopes that the Government will be able to communicate: (a) the text of Ordinances Nos. 73/093 and 73/095 of 9 November 1973 (which were not received with the report); (b) a copy of some of the specific conditions of employment provided for in section 57 of Ordinance No. 80/064 of 1980 governing the employment conditions of the various categories of staff in the central administration; and (c) the text of the Decrees issued under sections 16, 28 and 29 of Ordinance No. 80/064 concerning the classification of officials by categories and the procedures for their promotion.

5. With regard to the exercise of employment of persons who are legitimately suspected of activities prejudicial to the security of the State, the Government indicates that such persons are subject to administrative measures (prosecution, expulsion in the case of foreigners, house arrest in the case of nationals), but that they can appeal against such measures. The Committee again requests the Government to provide a copy of the legal provisions under which these measures are issued and, where applicable, a copy of any court rulings concerning such persons.

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

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

1. The Committee notes with interest that a new Constitution was adopted in November 1986, the preamble of which provides that men and women are equal before the law and that any discrimination on grounds such as wealth, race and religion is forbidden. The Committee also notes that the Constitution establishes free access to education and equal rights for all citizens to apply for offices, positions and jobs.

2. The Committee notes, however, that among the grounds on which it is forbidden to discriminate, the Constitution does not mention a number of the other grounds referred to by Article 1(a) of the Convention, i.e. political opinion, national extraction, social origin and colour. The Committee therefore asks the Government - as it did in its previous comments - to indicate both the legislative and practical measures that have been taken to implement a national policy preventing discrimination on all the grounds listed in the Convention and to ensure effective promotion of equality of opportunity and treatment irrespective of sex, race, colour, religion, political opinion, national extraction or social origin, particularly with regard to: (a) access to vocational training; (b) access to employment and the various occupations; and (c) conditions of employment. The Committee would like to receive, in particular, detailed information on the results obtained in these areas, such as statistical data by sex, religion, national extraction, etc., covering school attendance, attendance at training courses (particularly those coming under the activities of the National Inter-occupational Organisation for Training and Advanced Training), access to the various occupations under the control of the National Office of Manpower, and on the results of the inspections carried out by the inspection services, to which the Government referred in its last report.

3. As regards women in particular, the Committee asks the Government to provide information on the number of women holding jobs in the private and public sectors (including women holding high-level posts in the public administration) and on the proportion of women to men.

4. The Committee also hopes that the Government will be able to communicate: (a) the text of Ordinances Nos. 73/093 and 73/095 of 9 November 1973 (which were not received with the report); (b) a copy of some of the specific conditions of employment provided for in section 57 of Ordinance No. 80/064 of 1980 governing the employment conditions of the various categories of staff in the central administration; and (c) the text of the Decrees issued under sections 16, 28 and 29 of Ordinance No. 80/064 concerning the classification of officials by categories and the procedures for their promotion.

5. With regard to the exercise of employment of persons who are legitimately suspected of activities prejudicial to the security of the State, the Government indicates that such persons are subject to administrative measures (prosecution, expulsion in the case of foreigners, house arrest in the case of nationals), but that they can appeal against such measures. The Committee again requests the Government to provide a copy of the legal provisions under which these measures are issued and, where applicable, a copy of any court rulings concerning such persons.

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

1. The Committee takes note of the information supplied by the Government in reply to its previous comments. It notes with interest that a new Constitution was adopted in November 1986, the preamble of which provides that men and women are equal before the law and that any discrimination on grounds such as wealth, race and religion is forbidden. The Committee also notes that the Constitution establishes free access to education and equal rights for all citizens to apply for offices, positions and jobs.

2. The Committee notes, however, that among the grounds on which it is forbidden to discriminate, the Constitution does not mention a number of the other grounds referred to by Article 1(a) of the Convention, i.e. political opinion, national extraction, social origin and colour. The Committee therefore asks the Government - as it did in its previous comments - to indicate both the legislative and practical measures that have been taken to implement a national policy preventing discrimination on all the grounds listed in the Convention and to ensure effective promotion of equality of opportunity and treatment irrespective of sex, race, colour, religion, political opinion, national extraction or social origin, particularly with regard to: (a) access to vocational training; (b) access to employment and the various occupations; and (c) conditions of employment. The Committee would like to receive, in particular, detailed information on the results obtained in these areas, such as statistical data by sex, religion, national extraction, etc., covering school attendance, attendance at training courses (particularly those coming under the activities of the National Inter-occupational Organisation for Training and Advanced Training), access to the various occupations under the control of the National Office of Manpower, and on the results of the inspections carried out by the inspection services, to which the Government referred in its last report.

3. As regards women in particular, the Committee asks the Government to provide information on the number of women holding jobs in the private and public sectors (including women holding high-level posts in the public administration) and on the proportion of women to men.

4. The Committee also hopes that the Government will be able to communicate: (a) the text of Ordinances Nos. 73/093 and 73/095 of 9 November 1973 (which were not received with the report); (b) a copy of some of the specific conditions of employment provided for in section 57 of Ordinance No. 80/064 of 1980 governing the employment conditions of the various categories of staff in the central administration; and (c) the text of the Decrees issued under sections 16, 28 and 29 of Ordinance No. 80/064 concerning the classification of officials by categories and the procedures for their promotion.

5. With regard to the exercise of employment of persons who are legitimately suspected of activities prejudicial to the security of the State, the Government indicates that such persons are subject to administrative measures (prosecution, expulsion in the case of foreigners, house arrest in the case of nationals), but that they can appeal against such measures. The Committee again requests the Government to provide a copy of the legal provisions under which these measures are issued and, where applicable, a copy of any court rulings concerning such persons.