Demande directe (CEACR) - adoptée 2024, publiée 113ème session CIT (2025)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - Sao Tomé-et-Principe (Ratification: 1982)

Article 1(1)(b) of the Convention. Additional ground of discrimination. Disability. In its report, the Government informs the Committee of the many measures taken to combat discrimination on the basis of disability, such as: (1) compliance with various requirements in relation to the construction of public buildings, including specific means of access to the building for persons with disabilities; (2) the establishment of associations of persons with disabilities with the objective of defending the rights of persons with disabilities and which are working with the various ministries and, in the context of this collaboration, a decree is being prepared under Act No. 7/2012; (3) the establishment of a partnership with the People’s Republic of China for the provision of the necessary equipment to enable persons with disabilities to have better access to working life; (4) the increasing, although still limited number of persons with disabilities employed by Government agencies and in positions of responsibility; (5) the provision of advisory services to persons with disabilities for vocational training and applications to specific jobs; and (6) the enrolment of many children and young persons with disabilities in ordinary education and vocational training programmes and the provision of training on an equal footing with persons without disabilities. The Government adds that there is no single text identifying and regulating all the issues related to persons with disabilities. The Committee notes the Government’s statement that the economic situation of the country accentuates the difficulties of dealing with these issues. The Committee notes the efforts made by the Government for the integration of persons with disabilities into the world of work. However, it notes that the Government has not provided, as requested previously, information on the application in practice of the relevant provisions of the Labour Code and the Basic Act on persons with disabilities. The Committee once again requests the Government to provide information on: (i) the application in practice of sections 16, 17, 283 and 284 of the Labour Code and section 27(2) of the Basic Act on persons with disabilities, including for example statistics on the activity rate of persons with disabilities, disaggregated by sex, sector (public and private) and occupation; and (ii) the progress made in the preparation of the implementing decree of Act No. 7/2012.

Article 5(2). Affirmative action measures. The Government indicates that the adoption and application of affirmative action measures with a view to ensuring equality of opportunity and treatment in employment and occupation, as envisaged in section 19 of the Labour Code, consists of the adoption of temporary measures for certain groups with a view to attracting them to and integrating them into certain sectors. For the public sector, this is reflected, for example, in the competition notices for the public service, where it is common to see the wording “women/persons with disabilities are encouraged to apply”, and the adoption of Act No. 11/2022 on gender parity, which provides for a minimum quota of 40 per cent of women in elected bodies and the public service. The Government adds that affirmative action measures are adopted in consultation with the social partners, but only in the public sector, which falls under the responsibility of the Government. In this regard, the Committee recalls that, while the Government’s obligations in relation to jobs under its direct control is clear, it is also under the obligation to ensure the application of the Convention in the private sector in collaboration with employers’ and workers’ organizations. The Committee requests the Government to continue providing information on: (i) the effect given to section 19 of the Labour Code and its impact on the equality of opportunity and treatment in employment and occupation of groups targeted by the Government; (ii) its efforts to promote the acceptance and application of the national policy on equality in employment and occupation by the social partners and the public at large; and (iii) the measures adopted within the framework of Act No. 11/2022 on parity and the results achieved.

Application in practice. With reference to the specific measures adopted to spread knowledge and understanding of the new provisions on discrimination contained in the new Labour Code (sections 3, 15, 17, 18 and 20) and the Public Service Regulations (new section 52(B)(1)(e), the available procedures and remedies, the Government indicates, without going into details, that it has undertaken various awareness-raising and information campaigns on these texts, including training courses for trade union leaders, workers’ and employers’ organizations and civil society. The Committee requests the Government to provide specific information on the application in practice of these provisions of the Labour Code, and on section 52(B)(1)(e) of the Public Service Regulations, such as, for example, information on: (i) the number and nature of the cases of direct and indirect discrimination in employment and occupation dealt with by labour inspectors, the courts and other competent authorities, and the penalties imposed and compensation granted; and (ii) awareness-raising campaigns to improve knowledge and understanding of the relevant legislative provisions and the available procedures and remedies.