Observation (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - République centrafricaine (Ratification: 1964)

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.