Solicitud directa (CEACR) - Adopción: 2012, Publicación: 102ª reunión CIT (2013)

Convenio sobre la discriminación (empleo y ocupación), 1958 (núm. 111) - República Centroafricana (Ratificación : 1964)

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.