Maternity Protection Convention, 1919 (No. 3) - Gabon (Ratification: 1961)

Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Article 3(a) of the Convention. Establishment of compulsory postnatal leave. The Committee notes the Government’s indication in its report that a new Labour Code has been adopted by Act No. 022/2021 of 19 November 2021. The Committee notes that, under section 208: (1) pregnant women have the right to suspend their employment contract for 14 consecutive weeks, of which six weeks shall be before the presumed date and eight weeks after the actual date of confinement; and (2) during postnatal leave, it is prohibited for employers to make use of the services of a women employee, unless there is a written agreement explicitly concluded between the parties at the initiative of the woman employee. The Committee recalls that Article 3(a) of the Convention sets out the compulsory nature of postnatal leave of at least six weeks and does not provide for any exceptions in this regard. The Committee requests the Government to indicate the measures adopted or envisaged to amend section 208 of the Labour Code to ensure that postnatal leave is made compulsory for at least six weeks, without any possible exceptions.

Application of the Convention in practice. Medical care. The Committee takes due note of the statistical data provided by the Government on the medical care provided to women, including: (1) according to the Third Demographic Health Survey of Gabon (EDSG-III) 2019–21, 96 per cent of women received prenatal care provided by a qualified care provider during their most recent pregnancy; and (2) there is a gap between women living in urban areas (97 per cent of them have frequently consulted a qualified care provider) and those in rural areas (87 per cent).

Moreover, the Committee notes that, according to the 2022 Annual Report of the United Nations Fund for Children (UNICEF), the child mortality rate fell by 15 points between 2012 and 2021 to 41.7 deaths per 1,000 births. The Committee further notes that, in its concluding observations of 1 March 2022, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) noted with concern that, despite the efforts made to enhance the access of women to healthcare, maternal mortality rates are persistently high and basic emergency obstetric and neonatal care is inadequate (CEDAW/C/GAB/CO/7, para. 30(b)). Noting this information, the Committee requests the Government to continue providing updated statistical data on the care provided to pregnant women, as well as to women who have given birth and newborns. The Committee also requests the Government to provide information on the measures envisaged or adopted to reduce maternal and infant mortality.

The Committee recalls that, upon the recommendation of the Tripartite Working Group of the Standards Review Mechanism (SRM), the Governing Body of the ILO, at its 349th Session (October–November 2023), classified Convention No. 3 as an outdated instrument and included an item on the agenda of the 121st Session (2033) of the International Labour Conference to examine its abrogation.

The Governing Body requested the Office to take follow-up action to actively encourage the ratification of the Maternity Protection Convention, 2000 (No. 183), which is the most up-to-date instrument concerning maternity protection, by Member States for which Convention No. 3 is still in force. The Committee therefore encourages the Government to follow the decision adopted by the Governing Body at its 349th Session (October–November 2023) approving the recommendations of the Tripartite Working Group of the SRM and to envisage the ratification of Convention No. 183 as the most up-to-date instrument in this area.

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

Article 3(a) of the Convention. Establishment of compulsory postnatal leave. With reference to its comments of 2009, the Committee notes that the Government reiterates its intention of introducing, in the context of the Bill to amend the Labour Code, a compulsory period of postnatal leave of at least six weeks with a view to ensuring that, as a result of pressure or any offer of material gain which might be proposed, the woman is not induced to return to work before the end of the statutory period of postnatal leave, to the detriment of her health or that of her child. The Committee points out that it has been drawing the Government’s attention to this matter for many years and hopes that, in its next report, the Government will give an account of progress made in bringing the national legislation fully into line with the Convention.

Part V of the report form. Application of the Convention in practice. Medical care. The Committee notes that according to information from the ILO World Social Security Report 2010–11: Providing coverage in times of crisis and beyond, that in the period 2000–09, Gabon recorded a drop in the birth rate accompanied by a reduction in the infant mortality rate, which fell from 58 to 49 deaths per thousand births. Available statistics also show that the proportion of births assisted by trained personnel stood at 86 per cent in 2000, a relatively high rate. At the same time, medical costs accounted for a fairly low percentage of household expenditure – around 20 per cent in 2006. The Committee takes note of this information and would be grateful if, in its future reports, the Government would provide all available up-to-date statistical information on the care provided to expectant and new mothers and to their new born children, and on the financing of the health system.

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

With reference to the Committee’s previous comments, the Government confirms its intention of taking into consideration, in the context of the Bill to amend the Labour Code, the need to bring the latter into conformity with Article 3(a) of the Convention by providing for a compulsory postnatal period of leave during which resumption of work is prohibited. The Convention provides for a compulsory period of postnatal leave of at least six weeks with a view to ensuring that, as a result of pressure or the offer of material gain which might be proposed, the woman is not induced to return to work before the end of the statutory period of postnatal leave, to the detriment of her health and that of her child. The Committee would be grateful if the Government would continue providing information on any progress achieved in the adoption of the above Bill and provide a copy of the Labour Code, as amended.

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

With reference to its previous comments, the Committee notes the information supplied by the Government stating that a Bill amending the Labour Code has been drafted in order to bring the national legislation into conformity with Article 3(a) of the Convention. The Bill is intended to take into account the observations made by the Committee regarding the need to establish compulsory postnatal leave during which resumption of work is prohibited. Keeping in view that the Convention establishes a protection that supplements the right to leave, with the object being of preventing pressure or the offer of material gain from inducing the worker to resume employment before the end of the legal period of postnatal leave, to the detriment of her health or that of her child, the Committee would be grateful if the Government would keep it informed of any progress made in enacting the Bill and to supply a copy of the text of the Labour Code after the amendments are carried out.

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

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

In its previous comments, the Committee drew the Government’s attention to the need to take the necessary legal measures to guarantee that women are not allowed to work for a period of six weeks after confinement, in accordance with Article 3(a) of the Convention. In its reply, the Government considers that, given that section 171 of the Labour Code simply allows women employees the option of returning to work to meet financial difficulties, for example, it does not violate the spirit of the Convention. The Committee is nevertheless bound to recall that the compulsory character of the postnatal maternity leave established in this provision of the Convention affords protection that supplements the right to leave, the aim being to prevent pressure or offers of material gain from inducing the worker to resume employment before the end of the legal period of postnatal leave, to the detriment of her health or that of her child. The Committee trusts that, in view of the above, the Government will soon take the measures required to bring the national legislation into full conformity with Article 3(a) of the Convention.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

In its previous comments, the Committee drew the Government’s attention to the need to take the necessary legal measures to guarantee that women are not allowed to work for a period of six weeks after confinement, in accordance with Article 3(a) of the Convention. In its reply, the Government considers that given that section 171 of the Labour Code simply allows women employees the option of returning to work to meet financial difficulties, for example, it does not violate the spirit of the Convention. The Committee is nevertheless bound to recall that the compulsory character of the postnatal maternity leave established in this provision of the Convention affords protection that supplements the right to leave, the aim being to prevent pressure or offers of material gain from inducing the worker to resume employment before the end of the legal period of postnatal leave, to the detriment of her health or that of her child. The Committee trusts that, in view of the above, the Government will soon take the measures required to bring the national legislation into full conformity with Article 3(a) of the Convention.

[The Government is asked to reply in detail to the present comments in 2006.]

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

Article 3(a) of the Convention. The Committee notes the information provided by the Government, in particular the information concerning the adoption of the new Labour Code (Act No. 3/94 of 21 November 1994). The Committee notes that, under the terms of section 171, paragraphs 1 and 2, of the Labour Code, it is prohibited for an employer knowingly to employ a pregnant woman during the six weeks before and during the eight weeks after the presumed date of confinement, unless a written agreement to that effect is concluded by the parties at the initiative of the employee. The Committee recalls that Article 3(a) makes the postnatal period of leave obligatory and does not provide for any exceptions, even with the worker's consent. The Committee therefore requests the Government to indicate the measures taken or envisaged to bring its legislation into conformity with this provision of the Convention.