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

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - Guinée-Bissau (Ratification: 1977)

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee notes that the new Labour Code (Act No. 7/2022): (i) prohibits the employer, in the context of the employment relationship, from carrying out acts or adopting behaviour during access to employment, in the employment itself, the work or vocational training, in verbal, non-verbal or physical form, which are undesirable or which go against the sexual freedom of the worker (section 8.1(b)); and (ii) provides that workers have fundamental rights, the content and scope of which are laid down by law, collective agreement or employment contract, such as being treated with respect and consideration or being protected against verbal or physical injury or injury of a sexual nature (section 48.1(l)).

The Committee notes that these provisions do not set forth a definition of sexual harassment, which expressly includes quid pro quo harassment and hostile environment harassment. Without a clear definition of sexual harassment in employment and occupation, it remains doubtful whether the legislation effectively addresses all its forms and effects (see the General Survey of 2023 on achieving gender equality at work, paragraphs 111 and 113). The Committee recalls that sexual harassment is a serious manifestation of sex discrimination and must therefore be addressed within the framework of the Convention and highlights the importance of taking effective measures to prevent and prohibit sexual harassment at work in both these forms. Furthermore, it emphasizes that the scope of liability in the case of sexual harassment should definitely include employers but also cover supervisors and co-workers and, where possible, clients of other persons met in connection with the performance of work duties, such as providers, subcontractors or patients (2002 General Observation on sexual harassment). In 2021, the Economic Community of West African States (ECOWAS) adopted: (i) the regional strategy for the prevention of and response to gender-based violence, based on the development, implementation and strengthening of the relevant laws and policies on gender-based sexual violence at the regional and national level; and (ii) the ECOWAS policy on the prevention and response to sexual harassment in the workplace and in educational establishments, which proposes a framework for action to eradicate sexual harassment in the region containing guiding principles of zero tolerance of sexual harassment in the workplace and in educational establishments of the region, as well as the official approval and adoption of this policy as a tool to reduce sexual harassment in the workplace and in educational establishments. Furthermore, the Committee notes that the draft uniform labour Act of the Organisation for the Harmonisation of Business Law in Africa (OHADA), setting out provisions on sexual harassment in the workplace, which will have direct force of law in Guinea-Bissau once adopted, has still not been adopted. Lastly, in its first voluntary national review in 2022 on the implementation of the report on the Sustainable Development Goals, the Government indicates that between 19 and 28 March 2022, civil society expressed its recommendations as part of the implementation of the 2030 State Agenda, according to which, women and girls, in addition to experiencing various forms of discrimination, continue to be subjected to multiple forms of violence, such as forced and child marriage, female genital mutilation and other sexual abuse. The Committee once again requests the Government to: (i) adopt a full definition of sexual harassment in employment and occupation; and (ii) extend the liability of the employers in cases of sexual harassment to their representatives and co-workers, and to provide information on any progress made in this regard. It also requests the Government to report on: (i) progress made on the adoption of the draft uniform labour Act of the Organization for the Harmonization of Business Law in Africa (OHADA), which contains, inter alia, provisions on sexual harassment in the workplace; and (ii) measures adopted to implement the ECOWAS policy on the prevention and response to sexual harassment in the workplace and in educational establishments. In the absence of information on the measures and activities implemented by the Labour and Social Dialogue Council to prevent and address sexual harassment in employment and occupation, including for domestic workers, the Committee reiterates its request on this point.

Enforcement. In response to the Committee’s previous request concerning labour inspectors, judges and other relevant authorities to better identify and address issues of discrimination in employment and occupation, the Government indicates that inspectors have not received training for a long time. The Committee also notes that in its report on the Sustainable Development Goals, the Government acknowledges that: (i) the weak response of the judiciary, traditional justice and protection service providers relating to prevention and case management increases the lack of trust, frustration and disappointment; (ii) the low level of participation of women and girls in conflict resolution at community level, particularly in cases of gender-based violence, hinders the fight against this violence, as the mechanisms in place are managed by men; (iii) the level of training for judges, prosecutors and judiciary staff is limited due to a lack of financial resources; (iv) the functioning of the courts, particularly those in the interior of the country, is impacted by a lack of designated staff or by absenteeism, as well as by a lack of important infrastructure and equipment; and (v) judicial inspection mechanisms are not operational owing to a lack of basic financial and material resources. The Committee also notes that: (i) according to the United Nations country annual results report for Guinea Bissau, 2023, following the failed coup d’état in 2023, an unprecedented crisis led to the resignation of the president of the Supreme Court of Justice; and (ii) the United Nations Special Rapporteur on the independence of judges and lawyers stated in a press release of 14 December 2023 that “a crisis of this magnitude limits everyone’s access to justice. It may impact the possibility of appeal in both civil and penal cases, as well as other key functions of the judiciary, and it erodes safeguards in place to ensure due process and human rights protection.” While recognizing the complexity of the situation prevailing in the country, and its economic situation, the Committee requests the Government to provide information on the measures taken or envisaged to overcome the many obstacles it has identified with regard to access to justice in its report on the Sustainable Development Goals, in particular to: (i) help labour inspectors, judges and other competent authorities to better identify and address issues of discrimination in employment and occupation; and (ii) raise public awareness of the procedures and remedies available to combat discrimination in employment and occupation. The Committee also requests the Government to, where possible, provide information on any cases of discrimination dealt with by the labour inspectors, the courts or any other competent authorities, as well as the sanctions imposed and the remedies granted and, lastly, on the return to normal functioning of the judiciary.

Statistics. The Committee notes the 2023 report of the National Statistics Institute (INE) on gender-related statistics entitled Women and men in Guinea-Bissau, available on the INE website, which contains statistical data for 2017–19. This report and the Survey on Employment and the Informal Economy reveal that during this period: (i) 51.3 per cent of women and girls received no education, compared with 36.8 per cent of men and boys. Girls’ enrolment rates were lower than boys at all levels: 43.4 per cent at primary level, 4.4 per cent at secondary level, and 0.9 per cent at further education level; (ii) the unemployment rate was 6.9 per cent for women and 7.2 per cent for men; (iii) the private sector represented 85.8 per cent of employment and employed 92.3 per cent of women and 80.3 per cent of men; and (iv) the public sector represented only 12 per cent of employment and employed three times as many men (17.2 per cent) as women (5.9 per cent). The Committee also notes that during the discussions for the preparation of its report on the Sustainable Development Goals, recommendations were made to improve and strengthen the statistical system, such as the promulgation and dissemination of the basic Act on statistics, the establishment of INE focal points in various public and private institutions and civil society organizations, and even capacity-building and training for INE staff. The Committee requests the Government to keep it informed of the follow-up to the recommendations of the report on the Sustainable Development Goals with a view to strengthening the statistical system, and any progress made in collection and analysis of statistical data on women’s and men’s employment and occupation in the different sectors of the economy, disaggregated by occupational categories in both the public and the private sector, and in the informal economy.