Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Democratic Republic of the Congo (Ratification: 2001)

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. In its previous comment, the Committee had noted that the definitions of sexual harassment provided under the law (section 1 of Ministerial Order No. 12/CAB-MIN/TPS/114/2005 of 26 October 2005, prohibiting sexual or moral harassment in the performance of a work contract, and section 174(d) of the Penal Code) did not cover sexual harassment resulting from a hostile work environment. The Committee notes the Government’s undertaking to amend the legislation to prohibit and penalize all forms of harassment. The Committee also notes the Government’s indications that: (1) awareness-raising campaigns on sexual harassment have been conducted; (2) a post of special adviser on sexual harassment to the Head of State has been created; and (3) the social partners are encouraged to include provisions against sexual harassment in collective labour agreements, and in the internal regulations of enterprises and trade union representations. The Committee requests the Government to: (i) take steps as soon as possible so that the legislation prohibits and penalizes all forms of sexual harassment, including harassment resulting from a hostile work environment; (ii) provide information on the application in practice of legal provisions against sexual harassment, such as information on the conditions of proof in cases of harassment, as well as on the number of cases of sexual harassment dealt with by the labour inspectorate or by the courts and the results of those procedures; (iii) supply information on the awareness-raising campaigns conducted in respect of sexual harassment; and (iv) provide copies of collective agreements and extracts of internal regulations of enterprises containing provisions against sexual harassment.

Article 1(1)(b). Protection against discrimination Dismissal. Legislation. Real or perceived HIV status. In its previous comment, the Committee had noted with interest the incorporation in the list of grounds of discrimination prohibited under section 62 of the Labour Code the “real or perceived HIV/AIDS status”, and had requested the Government to supply information on all cases of dismissal based on such grounds dealt with by the labour inspectorate or the courts. The Committee notes that, in its report, the Government indicates that neither the labour inspectorate not the courts have yet encountered this form of discrimination. The Committee requests the Government to provide information on: (i) the measures adopted to disseminate information on this form of discrimination and the remedies available to workers; (ii) the measures in place to train labour inspectors and judges in discrimination based on real or perceived HIV/AIDS status; and (iii) the impact of those measures, for example, the number of cases identified or brought to the attention of the labour inspectorate or before the courts, as well as the results of those processes.

Article 2. Gender equality. Access to education, vocational training and resources. In its previous comment, the Committee had taken note of the modifications made in 2015 to the Family Code in respect of the enjoyment and disposition of property, and the adoption of Act No. 15/013 of 1 August 2015 on the implementation of women’s rights and gender parity in education and training. It had requested the Government to provide information on the application of these new measures in practice. The Committee notes the Government’s indication that awareness-raising campaigns are regularly conducted by the Ministry for Gender, the Family and Children and the Ministry of Primary and Secondary Education and Vocational Training, in collaboration with certain international institutions (such as the United Nations Children’s Fund, the United Nations Educational, Scientific and Cultural Organization and the United Nations Population Fund) to ensure gender equality for girls and boys in access to education and vocational training. It notes the Government’s indication that available statistics show that the number of girls having completed the primary school cycle is higher than that of boys, but it does not provide information on the specific steps taken to implement Act No. 15/013. The Committee requests the Government to provide: (i) detailed statistical information on the trends in access by girls and women to education and vocational training following the adoption of Act No. 15/013 and the recent amendments to the Family Code; and (ii) information on the specific steps taken to eliminate, as provided by the 2015 Act, all forms of discrimination against women in respect of access to the ownership, management, administration, enjoyment and disposition of property, which are resources that ultimately condition their access to employment and occupation.

National policy on gender equality. Access to employment and occupation. Further to its previous comment in which it noted the low rate of employment of women in the non-agricultural sector and their very low participation in certain sectors, the Committee notes that the Government does not communicate any information on measures adopted to promote equality of opportunity and treatment between men and women, at all stages of employment and occupation. The Committee requests the Government to: (i) take steps to improve the rate of employment of women and their access to work in the sectors where their participation is low; and (ii) provide recent statistical data, disaggregated by sex and by sector of activity, on the employment of men and of women in the public and private sector, including in the agricultural sector.

Article 5. Positive measures in favour of women’s employment. In its previous comment, the Committee had noted that Act No. 15/013 contains a certain number of incentives for the employment of women and had requested the Government to provide information on the application of those measures in practice and their impact on women’s access to employment. Noting that the Government has not supplied this information, the Committee reiterates its request.

Special protection measures for women. Restrictions to women’s employment. The Committee had noted that Order No. 68/13 of 17 May 1968 establishing the conditions of work of women and children contains provisions relating to the prohibition and restriction of night work for women and establishes the list of types of work prohibited to women. The Committee had reminded the Government that general measures to protect women based on stereotypical perceptions of women’s capabilities and their role in society are contrary to the Convention. The Committee notes the Government’s engagement to submit the question of amending Order No. 68/13 to the National Labour Council. The Committee requests the Government to provide information on any developments regarding the amendment of Order No. 68/13 and to consider all other measures that may be taken to ensure that women can work on an equal footing with men (for example, by ensuring protection of the safety and health of men and women, and by putting adequate means of transport and social services in place).

Enforcement. Civil service. The Committee had noted the introduction, through Act No. 16/013 of 15 July 2016 issuing the staff regulations for state civil servants, of new legal provisions against discrimination in the public service. It notes that in response to its request for information on the application of these provisions in practice, the Government indicates that there are no cases of discrimination in the public service. In that regard, the Committee recalls that where no cases or complaints of discrimination are being lodged, it may be due to a lack of awareness of rights, lack of confidence in, or difficulty in accessing, the remedial processes, or fear of reprisals (see General Survey of 2012 on the fundamental Conventions, paragraph 870). The Committee requests the Government to provide information: (i) on the steps taken to make known the procedures for denouncing cases of discrimination in the public service; and (ii) on the use of those procedures in practice (such as information on the number of cases of discrimination brought to or identified by the authorities, as well as the results obtained).