Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Central African Republic (Ratification: 1964)

1. Article 1 of the Convention. Application in law. The Committee notes that article 5 of the new Constitution of 27 December 2004 provides that all human beings are equal before the law without distinction as to race, ethnic origin, region, sex, religion, political affiliation or social position and that the law guarantees equal rights to men and women. Article 9 of the Constitution provides for equality of all citizens in employment and that nobody can be prejudiced in employment by reason of his or her origin, sex, opinions or belief. The Committee requests the Government to provide information on the measures taken or envisaged to implement these provisions in practice, and information on any judicial decisions applying articles 5 and 9 of the new Constitution.

2. The Committee recalls the Government’s statement to the effect that the new Labour Code will contain a provision ensuring equal opportunities in employment and occupation. It requests the Government to ensure that the new Labour Code prohibits discrimination on all grounds set out in Article 1(a) of the Convention and in respect of all aspects of employment, including recruitment, and to provide information on the progress made in this regard in its next report. The Committee also requests the Government to provide a copy of the Civil Service Act (Ordinance No. 93.008 of 14 June 1993), as amended.

3. Discrimination on the ground of sex. Sexual harassment. Recalling its 2002 general observation, the Committee notes from the Government’s report that the Civil Service Act addresses the practice of sexual harassment in the public service. However, there was a need to take legislative measures regarding sexual harassment in the private sector and a consultation with the social partners was planned to discuss this matter. While the Committee will examine the Civil Service Act as soon as it becomes available, it requests the Government to indicate any progress made to address sexual harassment in the private sector through legislative and other measures.

4. Articles 2 and 3. National policy on equality of opportunity and treatment. The Committee notes the information provided on the activities of the Central African Agency for Vocational Training and Employment (ACFPE), which, according to the Government, registers and publishes job demands without discrimination. The ACFPE also monitors the recruitment process in order to prevent discrimination. The Committee requests the Government to continue to provide information on any policies or programmes carried out by the Government to promote equality of opportunity and treatment in employment and occupation, irrespective of race, colour, sex, religion, political opinion, national extraction or social origin. The Committee also requests the Government to supply 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 has been collected.

5. Cooperation with workers’ and employers’ organizations. The Committee notes from the Government’s report that the membership of the Governing Body of the ACFPE is tripartite. Please provide information on the concrete activities of the ACFPE Governing Body to promote the application of the Convention, and indicate any other efforts made by the Government to seek the cooperation of the social partners regarding equality of opportunity and treatment in employment and occupation.

6. Article 4. Persons engaged in activities prejudicial to the security of the State. The Committee notes the Government’s statement that, so far, no legislative or administrative measure has been taken in respect to the employment and occupational activity of persons engaged in activities prejudicial to the security of the State. However, such persons may be subject to penal sanctions. Please provide examples of judicial decisions concerning cases involving activities considered prejudicial to the security of the State.

7. Parts III and IV of the report form. The Committee notes from the Government’s report that several judicial decisions relating to the Convention have been handed down, but that it was not in a position to supply copies of these decisions. Further, the Committee notes that the labour inspection service has not been able to investigate any matters related to the Convention since 2003. The Government is asked to make every effort to supply copies of judicial decisions involving issues of discrimination and equality in employment and occupation, and to indicate the measures taken to enable the labour inspection services to carry out its functions and to indicate any interventions made by them to ensure the application of the Convention.