Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

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

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.