Observation (CEACR) - adoptée 2017, publiée 107ème session CIT (2018)

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

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.