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

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on equality, the Committee considers it appropriate to examine the Conventions Nos 100 (equal remuneration) and 111 (discrimination in employment and occupation) together.

Firstly, the Committee notes that the Government refers, in its report on these two Conventions, to the elaboration of a draft revised Labour Code. Recalling that in October 2023 the Office provided technical assistance within the framework of this exercise, the Committee requests the Government to provide information on progress made towards the adoption of the new Labour Code.

Convention No. 111 National policy on equality of opportunity and treatment in respect of employment and occupation

Articles 1(1)(a), 2 and 3(b). Prohibited grounds of discrimination. Legislation. Sex. Sexual harassment. The Committee notes the Government’s affirmation, in its report, that sections 17 to 19 of the draft revised Labour Code will effectively implement equality of opportunity and treatment. With regard to sexual harassment, the Government indicates the importance it accords this issue is clear from the September 2021 ratification of the Violence and Harassment Convention, 2019 (No. 190), which was followed by an awareness-raising campaign aimed at socio-economic actors and various communities in the country. The Committee requests the Government to provide information on the measures taken or envisaged, including within the framework of the revision of the Labour Code, to: (i) define and explicitly prohibit both quid pro quo and hostile work environment sexual harassment; (ii) ensure that victims are protected against retaliation and provide for sanctions against perpetrators thereof; and (iii) adopt practical measures to prevent sexual harassment, in collaboration with employers’ and workers’ organizations.

Article 1(1)(b). Other grounds for discrimination. Disability and HIV status. The Committee notes the Government’s indication that the draft Labour Code reinforces protection of persons living with HIV/AIDS. The Committee requests the Government to provide information on: (i) all practical measures taken, in collaboration with the employers and workers’ organizations, to prevent discrimination and stigmatization based on disability in employment and occupation; and (ii) implementation in the private sector of the requirement for employers employing more than 25 persons to employ five per cent of workers with disabilities that fulfil the recruitment criteria (section 265 of the Labour Code).

Articles 1 to 3. National policy for equality of opportunity and treatment in employment and occupation. Indigenous Peoples. The Committee notes the Government’s indication that activities have been organized in collaboration with the social partners and civil society organizations. The Government cites the seminar held in May 2024 by the National Authority for Good Governance on the Indigenous and Tribal Peoples Convention, 1989 (No. 169), which made recommendations aiming at ensuring the implementation of promotional strategies for these vulnerable groups in various areas through a committee established for this purpose and the creation of an observatory on the issue. In this connection, the Committee notes the recommendations made by the Special Rapporteur on trafficking in persons following her visit to the country in November 2023, which are aimed at combating the trafficking of persons belonging to minorities and Indigenous Peoples for purposes of exploitation, in particular forced labour and slavery-like practices (United Nations Human Rights Council, A/HRC/56/60/Add.2, 15 May 2024, paras 66 and 113(aa), (gg) and (jj)). The Committee requests the Government to provide detailed information on the measures taken to ensure protection from discrimination and the promotion of equality of opportunity and treatment of the Indigenous Peoples, including the Mbororos and the Aka Pygmies, in education, vocational training and employment, and as regards the exercise of their traditional activities.

Convention No. 100 – Principle of equal remuneration for men and women for work of equal value

Articles 1(b) and 2(2)(a). Principle of equal remuneration for men and women workers for work of equal value. Legislation. The Committee notes with interest the Government’s indication in its report that the drafting of section 10 of the draft revised Labour Code contains the terms “equal pay for work of equal value”. However, the Government gives no information on the text of section 222 of the Code, on which the Committee had made earlier comments. The Committee hopes that the reforms of the Labour Code will take its comments into account.

Articles 2(2)(c), and 4. Cooperation with employers’ and workers’ organizations. Awareness-raising measures and collective agreements. The Committee notes the Government’s indication that the draft Labour Code provides for the establishment of a National Council for Social Dialogue (CNDS) to replace the Standing National Labour Council which lack of resources prevented from functioning correctly. The Government maintains that this new tripartite structure will provide a better framework for relevant social issues such as the revision of certain collective labour agreements that are outdated or not adapted to social and economic realities. The Committee requests the Government: (i) to take concrete measures to raise the awareness of employers’ and workers’ organizations on the issue of wage disparities between men and women and of the way to reduce such disparities; (ii) to indicate the manner in which collective agreements take up the issue of equal remuneration for men and women, by communicating a copy of the relevant provisions of the agreements; and (iii) to provide information of the resources to be provided to the CNDS for the performance of its duties.

Article 3. Objective job evaluation. In response to its previous comment, the Committee notes that the Government refers to the preparation of a standard guide for the classification and evaluation of jobs in the public sector and indicates that for the private sector, titles and classification of jobs and evaluation methods are fixed by collective labour agreements or enterprise agreements. The Committee requests the Government to provide information on: (i) publication of the standard guide for the classification and evaluation of jobs in the public sector (please supply a copy); and (ii) other concrete measures taken or envisaged to encourage the development and use of objective methods of job evaluation, especially during the negotiation of collective agreements or enterprise agreements in the private sector.

Conventions Nos 100 and 111 – Application in practice

Enforcement. Labour inspection and specialized bodies. The Committee notes the information provided by the Government concerning: (1) the activities of the labour inspectorate; and (2) the adoption in 2017 of a national strategy for the development and modernization of the labour administration and inspectorate aimed at strengthening their capacities and enlarging their scope of operation better to protect workers, in particular workers from the Indigenous and Tribal Peoples, and to combat child labour. The Committee requests the Government to provide information on the prevention and enforcement activities conducted by the labour inspectors specifically with regard to combating discrimination and promoting equality in employment and occupation. It again requests the Government to specify whether the mandates of the National Commission for Human Rights and Fundamental Freedoms and of the National Equality Observatory include the task of preventing and combating discrimination in employment and occupation based on the grounds listed in the Convention.

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

Articles 1 to 3 of the Convention. The Committee notes the Government’s statement, in its report, reaffirming the priority it gives to protecting human rights, including through the establishment of the National Commission for Human Rights and Fundamental Freedoms. The Committee also notes: (1) the report of the Independent Expert on the situation of human rights in the Central African Republic, dated 22 August 2022, and submitted to the Human Rights Council, which recalls that the continued hostilities by armed groups are a serious threat to security and peace. They create an environment of terror conducive to violations of human rights and international humanitarian law (A/HRC/51/59, 22 August 2022, para. 91; and (2) The statement of the Deputy High Commissioner for Human Rights delivered before the Council on 28 March 2024 indicating that the human rights situation continued to be of deep concern and recalling that gender-based discrimination and exclusion from public and political life remained deeply entrenched in society, with the country ranking 188th out of 191 in terms of gender equality. In this regard, the Committee recalls that the objective of the Convention, in particular as concerns equality of opportunity and treatment in employment and occupation, cannot be achieved in a general context of such violations. Considering that the situation described above has a grave impact on implementation of the Convention, the Committee urges the Government: (i) to take the necessary measures to promote equality of opportunity and treatment without distinction based on race, colour, sex, religion, political opinion, national extraction or social origin, by amending or abrogating laws which have a discriminatory impact; and (ii) to continue to take measures to create the necessary conditions to restore the rule of law and give effect to the provisions of the Convention.

Article 1(a) and (b). Protection of workers from discrimination. Legislation. The Committee notes with interest the establishment of the National Commission for Human Rights and Fundamental Freedoms (Act No. 17.015 of April 2017) and of the National Equality Observatory (Act No. 16.004 of 24 November 2016 and Decree No. 24.046 of 23 February 2024). However, it notes from the information available on its website, that the National Commission for Human Rights and Fundamental Freedoms has so far only published two reports. Finally, it notes that the Government once again refers to the draft revised Labour Code, indicating that the draft takes the Committee’s previous comments into account. Recalling that in October 2023 the Office provided technical assistance for the elaboration of a draft Labour Code, the Committee requests the Government: (i) to ensure that the new draft Labour Code contains provisions explicitly prohibiting all forms of discrimination based on at least all the grounds listed in the Convention (race, colour, sex, political opinion, religion, national extraction and social origin) and on any other grounds of discrimination that it considers useful to add, in all aspects of employment, including recruitment; and (ii) to consider including provisions guaranteeing victims’ protection against retaliation by providing for appropriate sanctions. Additionally, the Committee requests the Government to provide information on: (i) all progress made towards the adoption of the new Labour Code; (ii) the implementation of Act No. 16.004 of 2016 establishing equality between men and women in the public and private sectors (in particular regarding the quota of 35 per cent of appointed and elected posts for women); and (iii) the activities of the National Commission for Human Rights and Fundamental Freedoms and of the National Equality Observatory (number of meetings, reports drafted, decisions taken or recommendations issued, etc.).

Articles 2 and 3. National policy of equality of opportunity and treatment. In the absence of information on this point in the Government’s report, and taking account both of the difficult situation pertaining in the country and of the context of persistent violence, particularly against women, the Committee again requests the Government to adopt measures contributing to a national policy for the promotion of equality of opportunity and treatment in employment and occupation (without distinction on the basis of sex, religion, ethnic origin or any of the other grounds set out in the Convention). Please provide information in this regard.

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

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

Articles 1(b) and 2(2)(a) of the Convention. Equal remuneration for men and women for work of equal value. Legislation. The Committee recalls that sections10 (equal wages under equal working conditions) and 222 (wages shall be equal for all workers regardless of … gender under equal working conditions, skills and output) of Act No. 09.004 of 29 January 2009 issuing the Labour Code, are more limited than the principle of the Convention and do not reflect the notion of “work of equal value”. In this respect, the Committee recalls that the notion of “work of equal value” permits a broad scope of comparison encompassing not only “equal”, “the same” or “similar” work, but also work of an entirely different nature that is nevertheless of equal value. In its report, the Government indicates that the determination of wage rates under the Labour Code is not based on any form of discrimination. The Government also refers to the hierarchy of standards under the Constitution of 30 March 2016, in accordance with which ratified treaties, including this Convention, prevail over national law. While noting this information, the Committee recalls that constitutional clauses which expressly provide that international agreements and treaties prevail over national law, while important, do not exempt States from adopting national legislation to implement the principles laid down in the Convention. The provisions of the Convention, even where prevailing over national law, may not be sufficient in themselves to provide effective legal protection from discrimination to workers (see General Survey of 2012 on the fundamental Conventions, paragraph 851). While recognizing the difficult situation in the country, the Committee once again requests the Government to take the necessary steps, on the occasion of the next revision of the Labour Code, to ensure that sections 10 and 222 of the Labour Code are amended so as to provide explicitly for equal remuneration for men and women for work of equal value, and, in the meantime, to provide information on the progress made in the revision of these provisions.

Articles 2(2)(c) and 4. Application of the Convention through collective agreements. Cooperation with employers’ and workers’ organizations. Awareness-raising measures. The Committee recalls that collective agreements are a means of applying the principle of equal remuneration for men and women for work of equal value and that collective bargaining is recognized as a determining factor in reducing wage gaps between men and women and can therefore play a crucial role in the application of the Convention. The Committee notes that the Government reiterates the general information it has already provided on several occasions indicating that collaboration with the social partners exists at two levels: consultation with workers’ organizations on any decision relating to public sector employees, and tripartite dialogue for the private sector within the Standing National Labour Council (CNPT). While acknowledging the difficult situation prevailing in the country, the Committee requests the Government to indicate the manner in which collective agreements address the issue of equal remuneration for men and women, by providing copies of the relevant provisions of collective agreements currently in force. The Committee also requests the Government to take specific steps to raise the awareness of the employers’ and workers’ organizations regarding the issue of wage disparities between men and women and how they can be reduced. It also requests the Government to specify whether this issue has been effectively addressed by the social partners in collective agreements, as well as in discussions held in the CNPT and, if so, to provide detailed information in this respect.

Article 3. Objective job evaluation. The Committee notes the Government’s indication that, for several decades, the following methods have been used to undertake the objective evaluation of jobs: a study has been carried out at government level and tripartite negotiations have been held to formulate collective agreements and enterprise agreements. Referring to its 2012 General Survey on the fundamental Conventions, the Committee recalls that the necessary measures for the objective evaluation of jobs can be taken at the enterprise, sectoral or national level, in the context of collective bargaining, as well as through wage-fixing mechanisms. The implementation of job evaluation exercises has been shown to have a measurable impact on gender pay differentials. Job evaluation is a formal procedure which, through analysing the content of jobs, gives a numerical value to each job. Two jobs that are found to have the same overall numerical value are entitled to equal remuneration. There are different methods of job evaluation. For the purpose of ensuring gender equality in the determination of remuneration, analytical methods of job evaluation have been found to be the most effective. The Committee once again recalls that the application of the principle of equal remuneration for men and women for work of equal value, as established by the Convention, implies measuring and comparing the relative value of different jobs, by analysing the tasks to be performed on the basis of objective factors, such as skill, effort, responsibilities and working conditions (paragraphs 695–709). The Committee requests the Government to indicate the measures taken or envisaged to encourage the development and use of appropriate methods for the objective evaluation of jobs, particularly during the analysis of job classifications and the determination of remuneration, whether through legislation, administrative action or in the context of the negotiation of collective agreements or enterprise agreements.

Application in practice. The Committee welcomes the Government’s indication that a recommendation has been adopted with a view to establishing, on the one hand, collaboration between labour inspectors and magistrates and, on the other, the communication of labour court decisions to labour inspectors. The Committee requests the Government to specify whether the envisaged collaboration is operational and whether it also covers the issue of wage disparities between men and women and the means of resolving them. The Committee also requests the Government to provide information on the prevention and control measures taken by labour inspectors to enforce equal remuneration for men and women.

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

Collective agreements. Noting the Government’s repeated statement that extracts from collective agreements or enterprise agreements incorporating the principle of the Convention will be communicated in the very near future, the Committee requests the Government to send the aforementioned information.

Objective job evaluation. The Committee recalls that the application of the principle of equal remuneration for men and women for work of equal value, as established by the Convention, implies measuring and comparing the relative value of different jobs, by analysing the tasks to be performed on the basis of objective factors, such as skill, effort, responsibilities and working conditions. The Committee requests the Government to indicate the measures taken or contemplated to encourage the objective evaluation of jobs, particularly during analysis of job classifications in the context of the negotiation of collective agreements or enterprise agreements.

Cooperation with employers’ and workers’ organizations. Awareness-raising measures and monitoring of application. The Committee notes the Government’s indication that it is taking steps to raise the awareness of employers’ and workers’ organizations with regard to the need to promote the concept of “work of equal value” and that no cases of wage discrimination have been brought before the labour inspectorate or the courts. Recalling that the absence of any complaints for wage discrimination does not mean that such discrimination does not exist in practice, the Committee requests the Government to provide information on the measures taken to raise the awareness of employers, workers and their organizations, magistrates, labour inspectors and other officials with regard to the principle of equal remuneration for men and women for work of equal value, as established by the Convention. Also referring to its observation, the Committee trusts that when the decree for the implementation of the Labour Code incorporating the principle of the Convention in the legislation is adopted, the Government will take the necessary steps to disseminate it among the relevant stakeholders. The Government is also requested to supply information on any cases of wage discrimination brought before the labour inspectorate and on any court decision issued in relation to equal pay for men and women.

Statistics. The Committee notes the Government’s statement that statistics on the remuneration of men and women in the public and private sectors will soon be available. The Committee encourages the Government to collect, compile and analyse these data and forward them as soon as they are available.

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 serious concerns expressed by the various bodies of the United Nations and the African Union Peace and Security Council regarding the human rights situation in the country and its specific effects on women, which the Committee considers may have a serious impact on the application of the principles of the Convention. In this regard, the Committee refers to its observation on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

Article 1(b) of the Convention. Equal remuneration for men and women for work of equal value. Legislation. The Committee recalls that sections 10 and 222 of Act No. 09.004 issuing the Labour Code limit the right to equal wages to jobs involving “equal working conditions, skills and output”. In its previous comments, the Committee asked the Government to amend these provisions to give full effect to the principle of equal remuneration for men and women for work of equal value, thereby including not only jobs involving equal working conditions, skills and output but also work which involves different working conditions, skills and output but is nevertheless work of equal value overall. The Committee notes the Government’s indication that sections 10 and 222 will be amended by a decree implementing the Labour Code which is in the process of being adopted. The Committee requests the Government to take the necessary steps to ensure that sections 10 and 222 of the Labour Code are amended so as to provide explicitly for equal remuneration for men and women for work of equal value, and to provide information on progress made regarding the procedure for the adoption of the abovementioned decree.

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.

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)

Collective agreements. Noting the Government’s repeated statement that extracts from collective agreements or enterprise agreements incorporating the principle of the Convention will be communicated in the very near future, the Committee requests the Government to send the aforementioned information.

Objective job evaluation. The Committee recalls that the application of the principle of equal remuneration for men and women for work of equal value, as established by the Convention, implies measuring and comparing the relative value of different jobs, by analysing the tasks to be performed on the basis of objective factors, such as skill, effort, responsibilities and working conditions. The Committee requests the Government to indicate the measures taken or contemplated to encourage the objective evaluation of jobs, particularly during analysis of job classifications in the context of the negotiation of collective agreements or enterprise agreements.

Cooperation with employers’ and workers’ organizations. Awareness-raising measures and monitoring of application. The Committee notes the Government’s indication that it is taking steps to raise the awareness of employers’ and workers’ organizations with regard to the need to promote the concept of “work of equal value” and that no cases of wage discrimination have been brought before the labour inspectorate or the courts. Recalling that the absence of any complaints for wage discrimination does not mean that such discrimination does not exist in practice, the Committee requests the Government to provide information on the measures taken to raise the awareness of employers, workers and their organizations, magistrates, labour inspectors and other officials with regard to the principle of equal remuneration for men and women for work of equal value, as established by the Convention. Also referring to its observation, the Committee trusts that when the decree for the implementation of the Labour Code incorporating the principle of the Convention in the legislation is adopted, the Government will take the necessary steps to disseminate it among the relevant stakeholders. The Government is also requested to supply information on any cases of wage discrimination brought before the labour inspectorate and on any court decision issued in relation to equal pay for men and women.

Statistics. The Committee notes the Government’s statement that statistics on the remuneration of men and women in the public and private sectors will soon be available. The Committee encourages the Government to collect, compile and analyse these data and forward them as soon as they are available.

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 Government’s statement that the observations made by the Central African Workers’ Union (USTC), the Central African Workers’ Confederation (CSTC), the National Union of Central African Employers (UNPC) and the Central African Interoccupational Grouping (GICA) were incorporated in its report at a tripartite meeting on 29 May 2012 dealing with the updating of reports.

The Committee notes the serious concerns expressed by the various bodies of the United Nations and the African Union Peace and Security Council regarding the human rights situation in the country and its specific effects on women, which the Committee considers may have a serious impact on the application of the principles of the Convention. In this regard, the Committee refers to its observation on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

Article 1(b) of the Convention. Equal remuneration for men and women for work of equal value. Legislation. The Committee recalls that sections 10 and 222 of Act No. 09.004 issuing the Labour Code limit the right to equal wages to jobs involving “equal working conditions, skills and output”. In its previous comments, the Committee asked the Government to amend these provisions to give full effect to the principle of equal remuneration for men and women for work of equal value, thereby including not only jobs involving equal working conditions, skills and output but also work which involves different working conditions, skills and output but is nevertheless work of equal value overall. The Committee notes the Government’s indication that sections 10 and 222 will be amended by a decree implementing the Labour Code which is in the process of being adopted. The Committee requests the Government to take the necessary steps to ensure that sections 10 and 222 of the Labour Code are amended so as to provide explicitly for equal remuneration for men and women for work of equal value, and to provide information on progress made regarding the procedure for the adoption of the abovementioned decree.

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

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 2(2)(c) of the Convention. Collective agreements. The Committee notes the Government’s statement that there is effective application of the principle of equal remuneration by means of collective agreements. Noting the Government’s statement that extracts from collective agreements or enterprise agreements incorporating the principle in the Convention will be communicated, the Committee asks that these documents will be sent in the near future.

Article 3. Objective job evaluation. The Committee notes that, according to the Government, a study at government level has made an evaluation of jobs, concentrating on employment and training needs, and that this study will be communicated very shortly. The Committee asks the Government to send a copy of the study on employment and training needs and to provide information on any measures concerning job evaluation with a view to ensuring equal remuneration for men and women that have been taken or are envisaged on the basis of the findings of this study.

Article 4. Cooperation with employers’ and workers’ organizations. Awareness-raising measures and monitoring of the application. The Committee welcomes the setting up of a committee consisting of labour inspectors, which carried out, in partnership with the employers’ and workers’ organizations, activities in the country’s major cities to raise awareness about the provisions of the new Labour Code, including the principle of equal remuneration. Referring to its observation, the Committee nevertheless recalls that the new Labour Code does not give full effect to the principle of the Convention, because it limits equality of remuneration to “equal working conditions, skills and output”. The Committee therefore asks the Government to indicate the measures taken to facilitate a broader understanding of the principle of equal remuneration between men and women for work of equal value within the meaning of the Convention, and in particular of the concept “work of equal value”, by employers, workers and their organizations, magistrates, labour inspectors and other officials. The Government is also asked to provide information on the activities conducted by workers’ and employers’ organizations in the area of equal remuneration between men and women for work of equal value, as well as on any cases of wage discrimination dealt with by the labour inspectorate and any legal ruling on cases dealing with equal remuneration.

Statistics. The Committee takes note of the Government’s statement that statistics on the remuneration of men and women in the public and private sectors are not available for the moment. Given that sex-disaggregated statistics on the number of men and women in employment, in the various economic sectors and on their remuneration are essential to assess the application of the principle of equal remuneration as set out in the Convention, the Committee asks the Government to indicate the measures taken or envisaged to collect and analyse this information.

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.

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

Articles 1 and 2 of the Convention. Application in law of the principle of equal remuneration between men and women for work of equal value. The Committee refers to its previous observation in which it noted with regret that the new Labour Code (Act No. 09.004), because it limited equal wages to jobs involving “equal working conditions, skills and output”, did not give full effect to the principle of equal remuneration for men and women for work of equal value. It had therefore asked the Government to amend the relevant provisions of the Labour Code. Noting that the Government’s report does not contain any information on measures envisaged or taken in this respect, the Committee asks the Government once again to take the necessary steps to amend sections 10 and 222 of Act No. 09.004 issuing the Labour Code so as to provide explicitly for equal remuneration between men and women for work of equal value, and to provide information on any measures taken to this end.

The Committee is raising other points 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 2011, published 101st ILC session (2012)

Article 2(2)(c) of the Convention. Collective agreements. The Committee notes the Government’s statement that there is effective application of the principle of equal remuneration by means of collective agreements. Noting the Government’s statement that extracts from collective agreements or enterprise agreements incorporating the principle in the Convention will be communicated, the Committee asks that these documents will be sent in the near future.

Article 3. Objective job evaluation. The Committee notes that, according to the Government, a study at government level has made an evaluation of jobs, concentrating on employment and training needs, and that this study will be communicated very shortly. The Committee asks the Government to send a copy of the study on employment and training needs and to provide information on any measures concerning job evaluation with a view to ensuring equal remuneration for men and women that have been taken or are envisaged on the basis of the findings of this study.

Article 4. Cooperation with employers’ and workers’ organizations. Awareness-raising measures and monitoring of the application. The Committee welcomes the setting up of a committee consisting of labour inspectors, which carried out, in partnership with the employers’ and workers’ organizations, activities in the country’s major cities to raise awareness about the provisions of the new Labour Code, including the principle of equal remuneration. Referring to its observation, the Committee nevertheless recalls that the new Labour Code does not give full effect to the principle of the Convention, because it limits equality of remuneration to “equal working conditions, skills and output”. The Committee therefore asks the Government to indicate the measures taken to facilitate a broader understanding of the principle of equal remuneration between men and women for work of equal value within the meaning of the Convention, and in particular of the concept “work of equal value”, by employers, workers and their organizations, magistrates, labour inspectors and other officials. The Government is also asked to provide information on the activities conducted by workers’ and employers’ organizations in the area of equal remuneration between men and women for work of equal value, as well as on any cases of wage discrimination dealt with by the labour inspectorate and any legal ruling on cases dealing with equal remuneration.

Statistics. The Committee takes note of the Government’s statement that statistics on the remuneration of men and women in the public and private sectors are not available for the moment. Given that sex-disaggregated statistics on the number of men and women in employment, in the various economic sectors and on their remuneration are essential to assess the application of the principle of equal remuneration as set out in the Convention, the Committee asks the Government to indicate the measures taken or envisaged to collect and analyse this information.

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.

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

Articles 1 and 2 of the Convention. Application in law of the principle of equal remuneration between men and women for work of equal value. The Committee refers to its previous observation in which it noted with regret that the new Labour Code (Act No. 09.004), because it limited equal wages to jobs involving “equal working conditions, skills and output”, did not give full effect to the principle of equal remuneration for men and women for work of equal value. It had therefore asked the Government to amend the relevant provisions of the Labour Code. Noting that the Government’s report does not contain any information on measures envisaged or taken in this respect, the Committee asks the Government once again to take the necessary steps to amend sections 10 and 222 of Act No. 09.004 issuing the Labour Code so as to provide explicitly for equal remuneration between men and women for work of equal value, and to provide information on any measures taken to this end.

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

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 2009, published 99th ILC session (2010)

Article 2, paragraph 2(c), of the Convention. Applying the principle of equal remuneration by means of collective agreements. The Committee would be grateful if the Government would provide samples of collective agreements or enterprise agreements with wage clauses incorporating the principle of equal remuneration between men and women for work of equal value.

Article 3. Objective job evaluation. The Committee notes that, according to the Government, the methods used in conducting an objective evaluation of jobs on the basis of the work involved are: “the carrying out of studies at government level which may be the subject of government decisions through the publication of decrees and orders”; and tripartite negotiations for the purpose of framing collective agreements and enterprise agreements. The Committee asks the Government to provide copies of any studies carried out at government level that concern job evaluation and to specify the job evaluation methods used where wage clauses and collective agreements are negotiated between the social partners, in order to compare the various jobs and determine whether they are of equal value.

Article 4. Cooperation with employers’ and workers’ organizations. The Committee notes that, according to the Government, collaboration with the social partners exists at two levels: consultation with workers’ unions on any decision regarding wage earners in the public sector and tripartite collaboration for the private sector. Recalling that the active participation of employers’ and workers’ organizations is essential for the effective application of the principle of equal remuneration between men and women for work of equal value, the Committee asks the Government to provide information on the manner in which cooperation with the social partners takes place in practice and on the awareness-raising activities carried out or planned to facilitate greater understanding and more effective application of the principle of equal remuneration within the meaning of the Convention, and in particular of the concept “work of equal value”, by employers, workers and their organizations.

Statistics. In the absence of a reply from the Government on this matter, the Committee again asks it to indicate the measures taken to ensure that statistics are gathered on the remuneration of men and women in the public and private sectors, such data being essential to assessing the application of the principle of equal remuneration as set out in the Convention. Please also send any available statistical data allowing a comparison of the remuneration of men and women in the same branch of activity and in different branches of activity.

Labour inspection. The Committee notes from the Government’s report that, following a seminar for judges and labour inspectors, a recommendation was adopted with a view to initiating cooperation between them. The Committee hopes that it will be possible for this cooperation to begin in the near future and asks the Government to send information on the measures taken to this end and on the results obtained. The Committee furthermore strongly encourages the Government to provide labour inspectors with the resources and tools they need in order to identify and deal with wage discrimination. The Government is asked to keep the Committee informed of measures taken in this regard. Please also provide information on the work done by labour inspectors in connection with equal remuneration (e.g. awareness raising among employers and workers and their organizations, and supervision of workplaces), and on any judicial decisions in cases involving equal remuneration issues.

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

Articles 1 and 2 of the Convention. Application in law of the principle of equal remuneration between men and women for work of equal value. In its previous comments, the Committee drew the Government’s attention to the fact that section 9 of the draft Labour Code which concerns equal remuneration was not conform with the Convention because it required equal wages for equal working conditions. Noting the enactment on 29 January 2009 of Act No. 09.004 issuing the Labour Code, the Committee observes that section 10, relating to equal remuneration reproduces the terms of the abovementioned draft and provides for “equal wages for equal working conditions”. The Committee further observes that according to section 222 of the Labour Code, “for equal conditions of work, skills and output, wages shall be the same for all workers, regardless of their origin, sex and age …”. The Committee points out that by limiting equal wages to jobs involving equal working conditions, skills and output, rather than to “work of equal value”, sections 10 and 222 of the new Labour Code lay down a narrower principle than the one enshrined in the Convention. It reminds the Government that work done by a man and by a woman may involve different working conditions or require entirely different skills and yet still be of equal value, and that accordingly the Convention requires that it must be remunerated at the same level. The Committee would also draw the Government’s attention to the fact that experience shows that “insistence on equal conditions as regards work, skill and output can be taken as a pretext for paying women lower wages than men” (General Survey on equal remuneration, 1986, paragraph 54). Consequently, the focus should be on the nature of the work performed so that the tasks involved can be compared and evaluated on the basis of objective criteria, an objective evaluation being essential to effective elimination of the undervaluation of jobs traditionally done by women. The Committee notes with regret that the Government failed to take the opportunity afforded by the adoption of a new Labour Code to give full effect in law to the principles set forth in the Convention. The Committee trusts that the Government will take the necessary steps to amend sections 10 and 222 of Act No. 09.004 issuing the Labour Code in the near future so as to provide expressly for equal remuneration between men and women for work of equal value. The Government is asked to provide information on measures taken to this end.

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

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

1. Article 3 of the Convention. Objective job appraisal. The Committee notes the Government’s indication that in the public sector it is the immediate superior of the worker who is charged with evaluating his or her performance, while in the private sector reference shall be made to the relevant provisions included in the collective agreements or other relevant contracts. The Committee notes that there appears to be a misunderstanding as to the actual scope of Article 3. In that regard, the Committee refers to its 2006 general observation, in particular paragraph 5, and recalls that objective job evaluation methods are utilized to establish whether different jobs are of equal value and thus ensure gender equality in the determination of remuneration. To that purpose, such methods are used to analyse and classify jobs on the basis of objective factors, such as skill, effort, responsibilities and working conditions. Objective job evaluation in the sense of Article 3 of the Convention thus is concerned with comparing specific jobs or position rather than the performance of an individual employee. The Committee invites the Government to provide information in its next report on the measures taken or envisaged in order to promote objective job evaluation methods free from gender bias.

2. Statistical information. The Committee notes the Government’s indication that the statistical data on remuneration of men and women workers in both public and private sectors are not yet available. Please indicate the steps taken to collect statistical information on the earnings of men and women in the private and public sectors and provide such data as soon as it is available.

3. Labour inspection. The Committee notes from the Government’s report that the implementation of the principle of equal remuneration for men and women for work of equal value is to be ensured through controls to be performed by labour inspectors. However, the Government has not yet been able to provide labour inspectors with adequate means so as to carry out such controls effectively. The Committee invites the Government to keep it informed of any measures which may have been taken to strengthen the role of the labour inspection service in monitoring 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.

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

Articles 1 and 2 of the Convention. Application of the Convention’s principle in law. The Committee recalls its previous comments concerning section 96 of Act No. 61/221 of 6 June 1961, issuing the Labour Code, which does not fully reflect the principle of equal remuneration for men and women for work of equal value, as enshrined in the Convention. In this regard, the Committee notes from the Government’s report that section 9 of the draft Labour Code, which is to replace the existing section 96, 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 draws the Government’s urgent attention to the fact that section 9 of the draft Labour Code is not in conformity with the Convention. Under the Convention, it is not sufficient to require equal remuneration in the case of equal working conditions, as is set out in the first sentence of section 9. The Government’s attention is drawn to the Committee’s 2006 general observation which further explains this point. The Committee asks the Government to take the necessary measures to amend section 9 of the draft Labour Code with a view to giving full legislative expression to the principle of equal remuneration for men and women for work of equal value. The Committee reminds the Government of  the possibility to seek technical assistance from the ILO on this matter. The Committee asks the Government to keep it informed of any developments which may occur in this regard.

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

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

1. Articles 1 and 2 of the Convention. Work of equal value. The Committee recalls that section 96 of Act No. 61/221 of 6 June 1961 issuing the Labour Code provides that for equal conditions of work, occupational qualifications and output, wages shall be equal for all workers regardless of their sex. The Commission considers that this provision does not fully reflect the principle of equal remuneration for men and women for work of equal value, as it may not allow a comparison of the remuneration received by men and women performing different work, which is nevertheless work of equal value. The Committee therefore once again expresses its hope that the Labour Code revision to which the Government previously referred to will be taken as an opportunity to bring section 96 of the Labour Code in full conformity with the Convention.

2. Article 3. Objective job appraisal. The Committee recalls that the Convention envisages the use of objective job evaluation methods as a means to ensure equal remuneration for work of equal value. The use of objective job evaluation is particularly important where men and women perform different types of work. Noting that the Government has not yet provided information in reply to its previous request concerning this issue, the Committee asks the Government once again to provide information on the methods used to evaluate jobs in the public sector for the purpose of grading, and on any measures taken to promote the use of objective job evaluation in the private sector, including in the context of collective bargaining.

3. Parts II and V of the report form. The Committee notes the Government’s indication that the collection of statistical information would start in January 2006. The Committee asks the Government to supply statistical information on earnings levels on men and women in the private and public sectors, as soon as such information becomes available. The Committee also asks the Government to indicate any progress made in strengthening the labour inspection services with a view to ensuring adequate supervision of the application of the Convention’s principle.

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 2004, published 93rd ILC session (2005)

1. Articles 1 and 2 of the Convention. Principle of equal value and legislation. The Committee recalls that section 96 of Act No. 61/221 of 6 June 1961 issuing the Labour Code provides that the same wage rates are applicable to men and women workers employed in equal and similar posts. Noting from the Government’s report under Convention No. 111 that there exists a proposed new Labour Code, the Committee hopes that the new Labour Code will ensure the full application of the principle of equal remuneration for men and women workers for work of equal value, as set out in the Convention. The Committee asks the Government to provide information with its next report on the progress made on the adoption of the new Labour Code and to supply a copy of it once it has been enacted.

2. Minimum wages. The Committee notes the Government’s statement that Decree No. 91.190 of 19 July 1991 and Decision No. 002/MFPTSS/CAB/DGSFP/DERE of 26 August 1991, establish the guaranteed minimum inter-occupational wage (SMIG) and the guaranteed minimum wage in agriculture (SMAG), in sectors not covered by collective agreements. It asks the Government to provide copies of collective agreements ensuring the application of the principle of equal remuneration for men and women workers for work of equal value, with an indication of the sectors and the numbers of workers covered by such collective agreements.

3. Objective job appraisal. The Committee notes the Government’s statement that all objective job appraisals ensure equal remuneration for men and women workers, particularly when the work carried out is identical. The Committee is bound to reiterate that the principle of the Convention calls for equal remuneration for men and women workers for work of equal value, which also covers situations where men and women in fact perform jobs that are different, but are of equal value. The Committee therefore asks the Government to provide information on the methodology used, the appraisal of jobs for purposes of fixing wage rates and on other allowances in the public sector. Please also provide information on job appraisals that have been undertaken in the private sector.

4. Part III of the report form. Application of the provisions giving effect to the Convention. The Committee notes the Government’s statement that the application of the Convention is ensured by labour inspection. Recalling that in its comments in relation to Convention No. 81, the Committee has expressed concern as to the lack of material resources available for the labour inspection services; it trusts that the Government will make every effort to obtain assistance to strengthen the labour inspection services.

5. Part V of the report form. Statistical information. The Committee notes the statement in the Government’s report that the archives of statistical information were destroyed during the recent unrest in the country. It hopes that the Government will soon be in a position to collect statistical information on wage levels, disaggregated by sex, and that it will soon be able to provide the available data so that the Committee can evaluate adequately the nature, extent and causes of wage differentials between men and women workers.

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

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

1. The Committee notes the Government’s statement that remuneration for the public service is determined in accordance with section 96 of the Labour Code, which also applies to workers in the private sector not covered by collective agreements. It notes the statement that the same wage rates are applicable to men and women workers employed in equal and similar posts. The Committee understands that the Ministry of the Public Service, Employment and Training has, by Order No. 242/MEFPFP/CAB/SG of 25 May 1999, appointed a technical committee to revise Act No. 61/221 of 6 June 1961 issuing the Labour Code and it hopes that the revision will ensure the full application of the principle of equal remuneration for men and women workers for work of equal value, as set out in the Convention. The Committee asks the Government to provide information with its next report on the progress made in the adoption of the new legislation and to supply copies of it when it has been enacted.

2. The Committee reiterates its earlier request to the Government to provide detailed information on the public service classification system, copies of negotiated collective agreements, minimum wages and detailed information respecting labour inspection activities relating to the application of the Convention, as well as information on any measures adopted or envisaged to improve the skill levels of women and their access to decision-making positions.

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 2001, published 90th ILC session (2002)

The Committee notes the Government’s report.

The Committee regrets that once again the Government’s report does not contain a reply to its previous comments. Indeed, it contains only general information, which does not enable the Committee to assess the extent to which the principle of equal remuneration for men and women workers for work of equal value, as set out in the Convention, is applied in practice. The Committee therefore reiterates its request to the Government to provide more detailed information with its next report on the application of the Convention in national law and practice, including information on the public service classification system, negotiated collective agreements, minimum wages and labour inspection activities relevant to the Convention and any measures taken to improve the skill development of women and their access to decision-making jobs.

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 reads as follows:

1.  The Committee notes the Government’s statement that substantial progress has been made in the application of the principle of equality by the Government of the Central African Republic and that many positions of responsibility are currently occupied by women on the basis of uniform remuneration. However, it is bound to note that the Government’s report does not contain a reply to its previous comments. Indeed it only contains general information, which does not enable the Committee to assess the extent to which the principle of equal remuneration for work of equal value, as set out in the Convention, is applied in practice. It hopes that the Government will make every effort to provide more detailed information in its next report.

2.  The Committee once again requests the Government to indicate the criteria used by the National Manpower Office for the objective evaluation of jobs based on their nature and requirements. It notes the collective agreement for construction, public works and industries, concluded on 2 March 1981. Although noting section 14, which states that, for equal work and output, the wages of women shall be the same as those of men, the Committee wishes to draw the Government’s attention to the fact that the concept of equality of remuneration set out in the Convention is broader than that. It requests the Government to refer in this respect to paragraphs 19 to 21 of its 1986 General Survey on equal remuneration and to paragraphs 44 to 78 concerning concepts of equality. The Committee requests the Government to provide copies of collective agreements (those parts dealing with the determination of wage rates might be sufficient), and if possible those agreements applicable to activities in which a large number of women are occupied, and also to provide details on the role of labour administration officials in the free negotiation of wages with regard to the principle of equal remuneration for work of equal value.

3.  The Committee notes that the reports of the inspection services are not currently available. The Committee hopes that the Government will supply, as soon as it is available, information on the activities of the inspection services and particularly on any cases of violations of the principle of equal remuneration, and on any penal and administrative measures taken as a consequence.

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 1998, published 87th ILC session (1999)

The Committee notes the information provided in the Government's report.

1. The Committee notes the Government's statement that substantial progress has been made in the application of the principle of equality by the Government of the Central African Republic and that many positions of responsibility are currently occupied by women on the basis of uniform remuneration. However, it is bound to note that the Government's report does not contain a reply to its previous comments. Indeed it only contains general information, which does not enable the Committee to assess the extent to which the principle of equal remuneration for work of equal value, as set out in the Convention, is applied in practice. It hopes that the Government will make every effort to provide more detailed information in its next report.

2. The Committee once again requests the Government to indicate the criteria used by the National Manpower Office for the objective evaluation of jobs based on their nature and requirements. It notes the collective agreement for construction, public works and industries, concluded on 2 March 1981. Although noting section 14, which states that, for equal work and output, the wages of women shall be the same as those of men, the Committee wishes to draw the Government's attention to the fact that the concept of equality of remuneration set out in the Convention is broader than that. It requests the Government to refer in this respect to paragraphs 19 to 21 of its 1986 General Survey on equal remuneration and to paragraphs 44 to 78 concerning concepts of equality. The Committee requests the Government to provide copies of collective agreements (those parts dealing with the determination of wage rates might be sufficient), and if possible those agreements applicable to activities in which a large number of women are occupied, and also to provide details on the role of labour administration officials in the free negotiation of wages with regard to the principle of equal remuneration for work of equal value.

3. The Committee notes that the reports of the inspection services are not currently available. The Committee hopes that the Government will supply, as soon as it is available, information on the activities of the inspection services and particularly on any cases of violations of the principle of equal remuneration, and on any penal and administrative measures taken as a consequence.

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

1. The Committee notes that the Government's report contains only brief information in reply to the comments it has been making for several years on the application in practice of the principle enshrined in the Convention. In this regard, the Committee wishes to draw the Government's attention to its 1984 general observation to the effect that, in the absence of detailed reports from governments, it has considerable difficulty in drawing conclusions about the real situation as respects equal remuneration for men and women for work of equal value. It therefore hopes that the Government will do everything possible to supply the information and documents requested below in its next report.

2. Noting that the National Manpower Office has a monopoly on placing workers and is also responsible for the objective evaluation of jobs on the basis of the work to be performed, the Committee has been requesting the Government since 1990 to indicate the criteria used by the Manpower Office to assess the qualifications of jobseekers and to evaluate the requirements of the employer and the nature of the work to be performed when it determines the remuneration of those concerned. The Committee must therefore reiterate its request for information on the manner in which the Manpower Office ensures application of the Convention in practice.

3. The Committee recalls that it has been asking the Government since 1983 to supply copies of collective agreements, if possible those applicable to activities employing a large number of women. It notes that, according to the Government's report, the Government makes every effort to promote and encourage collective bargaining for determining wages and that the commissions responsible for negotiating such agreements or Conventions are chaired by labour administration officials. It would be grateful if the Government would supply details on the role of the labour administration officials in the free negotiation of wages in regard to the principle of equal remuneration for work of equal value as well as supplying copies of collective agreements (the sections concerning the determination of wage rates may be sufficient).

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 1996, published 85th ILC session (1997)

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 the statement that the objective evaluation of jobs on the basis of the work to be performed is carried out by the National Manpower Office, which also has a monopoly on placing workers. The Committee requests the Government to supply information on the criteria used by this Office to assess the qualifications of jobseekers and to evaluate the requirements of the employer and the nature of the work to be performed when it determines the remuneration of those concerned. The Committee would also be grateful if the Government would indicate how the application is ensured of the principle of equal remuneration for work of equal value, as set out in the Convention, particularly where men and women in practice perform work of a different nature but of equal value. (Please refer in this connection to paragraphs 20 to 23 and 52 to 70 of the Committee's General Survey of 1986 on equal remuneration.)

2. With reference to its previous requests that copies be supplied of certain collective agreements - particularly those applicable to activities employing a large proportion of women - the Committee notes that the Government has not supplied the requested copies. It therefore trusts that the Government will supply them with the next report (for example, copies of collective agreements that are in force applying to banks, businesses, the Central African Agricultural Development Society (SOCADA) and the African Society for International Telecommunications (SOCATI); the sections of these agreements concerning the determination of wage rates may be sufficient).

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

The Committee notes with regret 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 the statement that the objective evaluation of jobs on the basis of the work to be performed is carried out by the National Manpower Office, which also has a monopoly on placing workers. The Committee requests the Government to supply information on the criteria used by this Office to assess the qualifications of jobseekers and to evaluate the requirements of the employer and the nature of the work to be performed when it determines the remuneration of those concerned. The Committee would also be grateful if the Government would indicate how the application is ensured of the principle of equal remuneration for work of equal value, as set out in the Convention, particularly where men and women in practice perform work of a different nature but of equal value. (Please refer in this connection to paragraphs 20 to 23 and 52 to 70 of the Committee's 1986 General Survey on Equal Remuneration.)

2. With reference to its previous requests that copies be supplied of certain collective agreements - particularly those applicable to activities employing a large proportion of women - the Committee notes that the Government has not supplied the requested copies. It therefore trusts that the Government will supply them with the next report (for example, copies of collective agreements that are in force applying to banks, businesses, the Central African Agricultural Development Society (SOCADA) and the African Society for International Telecommunications (SOCATI); the sections of these agreements concerning the determination of wage rates may be sufficient).

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 1995, published 82nd ILC session (1995)

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 the statement that the objective evaluation of jobs on the basis of the work to be performed is carried out by the National Manpower Office, which also has a monopoly on placing workers. The Committee requests the Government to supply information on the criteria used by this Office to assess the qualifications of jobseekers and to evaluate the requirements of the employer and the nature of the work to be performed when it determines the remuneration of those concerned. The Committee would also be grateful if the Government would indicate how the application is ensured of the principle of equal remuneration for work of equal value, as set out in the Convention, particularly where men and women in practice perform work of a different nature but of equal value. (Please refer in this connection to paragraphs 20 to 23 and 52 to 70 of the Committee's 1986 General Survey on Equal Remuneration.)

2. With reference to its previous request that copies be supplied of certain collective agreements - particularly those applicable to activities employing a large proportion of women - the Committee notes that the Government has not supplied the requested copies. It therefore trusts that the Government will supply them with the next report (for example, copies of collective agreements that are in force applying to banks, businesses, the Central African Agricultural Development Society (SOCADA) and the African Society for International Telecommunications (SOCATI); the sections of these agreements concerning the determination of wage rates may be sufficient).

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 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 the statement that the objective evaluation of jobs on the basis of the work to be performed is carried out by the National Manpower Office, which also has a monopoly on placing workers. The Committee requests the Government to supply information on the criteria used by this Office to assess the qualifications of jobseekers and to evaluate the requirements of the employer and the nature of the work to be performed when it determines the remuneration of those concerned. The Committee would also be grateful if the Government would indicate how the application is ensured of the principle of equal remuneration for work of equal value, as set out in the Convention, particularly where men and women in practice perform work of a different nature but of equal value. (Please refer in this connection to paragraphs 20 to 23 and 52 to 70 of the Committee's 1986 General Survey on Equal Remuneration.)

2. With reference to its previous request that copies be supplied of certain collective agreements - particularly those applicable to activities employing a large proportion of women - the Committee notes that the Government has not supplied the requested copies. It therefore trusts that the Government will supply them with the next report (for example, copies of collective agreements that are in force applying to banks, businesses, the Central African Agricultural Development Society (SOCADA) and the African Society for International Telecommunications (SOCATI); the sections of these agreements concerning the determination of wage rates may be sufficient).

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 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 the statement that the objective evaluation of jobs on the basis of the work to be performed is carried out by the National Manpower Office, which also has a monopoly on placing workers. The Committee requests the Government to supply information on the criteria used by this Office to assess the qualifications of jobseekers and to evaluate the requirements of the employer and the nature of the work to be performed when it determines the remuneration of those concerned. The Committee would also be grateful if the Government would indicate how the application is ensured of the principle of equal remuneration for work of equal value, as set out in the Convention, particularly where men and women in practice perform work of a different nature but of equal value. (Please refer in this connection to paragraphs 20 to 23 and 52 to 70 of the Committee's 1986 General Survey on Equal Remuneration.)

2. With reference to its previous request that copies be supplied of certain collective agreements - particularly those applicable to activities employing a large proportion of women - the Committee notes that the Government has not supplied the requested copies. It therefore trusts that the Government will supply them with the next report (for example, copies of collective agreements that are in force applying to banks, businesses, the Central African Agricultural Development Society (SOCADA) and the African Society for International Telecommunications (SOCATI); the sections of these agreements concerning the determination of wage rates may be sufficient).

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 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:

The Committee notes the information supplied by the Government in reply to its previous comments.

1. The Committee notes with interest the statement that the objective evaluation of jobs on the basis of the work to be performed is carried out by the National Manpower Office, which also has a monopoly on placing workers. The Committee requests the Government to supply information on the criteria used by this Office to assess the qualifications of jobseekers and to evaluate the requirements of the employer and the nature of the work to be performed when it determines the remuneration of those concerned. The Committee would also be grateful if the Government would indicate how the application is ensured of the principle of equal remuneration for work of equal value, as set out in the Convention, particularly where men and women in practice perform work of a different nature but of equal value. (Please refer in this connection to paragraphs 20 to 23 and 52 to 70 of the Committee's 1986 General Survey on Equal Remuneration.)

2. With reference to its previous request that copies be supplied of certain collective agreements - particularly those applicable to activities employing a large proportion of women - the Committee notes that the Government has not supplied the requested copies. It therefore trusts that the Government will supply them with the next report (for example, copies of collective agreements that are in force applying to banks, businesses, the Central African Agricultural Development Society (SOCADA) and the African Society for International Telecommunications (SOCATI); the sections of these agreements concerning the determination of wage rates may be sufficient).

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)

The Committee notes the information supplied by the Government in reply to its previous comments.

1. The Committee notes with interest the statement that the objective evaluation of jobs on the basis of the work to be performed is carried out by the National Manpower Office, which also has a monopoly on placing workers. The Committee requests the Government to supply information on the criteria used by this Office to assess the qualifications of jobseekers and to evaluate the requirements of the employer and the nature of the work to be performed when it determines the remuneration of those concerned. The Committee would also be grateful if the Government would indicate how the application is ensured of the principle of equal remuneration for work of equal value, as set out in the Convention, particularly where men and women in practice perform work of a different nature but of equal value. (Please refer in this connection to paragraphs 20 to 23 and 52 to 70 of the Committee's 1986 General Survey on Equal Remuneration.)

2. With reference to its previous request that copies be supplied of certain collective agreements - particularly those applicable to activities employing a large proportion of women - the Committee notes that the Government has not supplied the requested copies. It therefore trusts that the Government will supply them with the next report (for example, copies of collective agreements that are in force applying to banks, businesses, the Central African Agricultural Development Society (SOCADA) and the African Society for International Telecommunications (SOCATI); the sections of these agreements concerning the determination of wage rates may be sufficient).

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.