Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Gabon (Ratification: 1961)

Article 1(1)(a) of the Convention. Discrimination on the basis of sex. Legislation. The Committee notes with interest the adoption on 6 September 2021 of Act No. 006/2021 on eliminating violence against women. The aim of this Act, which applies to all female persons, irrespective of their age, is to protect women against all forms of violence and discrimination, to prevent, prosecute and eliminate such violence and discrimination, wherever it occurs. Observing that the United Nations Sustainable Development Cooperation Framework for Gabon 2023–27 indicates a high level of violence – in particular gender-based violence and violence against young persons – in both the education sector and that of vocational and technical training, the Committee notes that section 6 of the Act cited above provides for measures including a specific training policy on gender equality and combatting discriminatory practices, gender bias and violence against women in teachers’ initial and continuous training programmes. The Committee requests the Government to provide detailed information on all measures taken or envisaged: (i) to implement Act No. 006/2021 (and on the results obtained, including the number of violations and the penalties imposed); (ii) to ensure that the education, vocational and technical training sector is free from gender-based violence; and (iii) to adopt legislation aimed at eliminating violence, discrimination and harassment, including sexual harassment, which covers all workers, regardless of the sex of the victim.

Sexual harassment. Further to its previous comment, the Committee notes that, according to the indications in the Government’s report, the “Gabon equality” strategy has been in operation across the territory since 2022, with the particular aim of raising awareness of the prohibition of harassment in the workplace and of combatting such harassment. The Committee also notes that Act No. 022/2021 of 19 November issuing the Labour Code introduced a new definition of sexual harassment. In this regard, the Committee notes with satisfaction that under section 6 of the new Labour Code, sexual harassment of an individual is now defined: “(1) either as “any act consisting of repeated comments or behaviour of a sexual connotation which either undermine a person’s dignity by reason of their degrading or humiliating nature, or create for that person an intimidating, hostile or offensive situation”; and (2) or as “any similar act constituting any form of serious pressure, even if it is not repeated, exerted with the real or apparent aim of obtaining an act of a sexual nature, whether for the perpetrator or for a third person”. The Committee notes however that section 2 of Act No. 10-216 of 5 September 2016 on combatting harassment at the workplace has not been amended and that it continues to define sexual harassment as: (1) the act “of imposing on a person, in a repeated manner, through comments or behaviour of a sexual connotation which either undermine a person’s dignity by reason of their degrading or humiliating nature, or create for that person an intimidating, hostile or offensive situation”; and (2) or as the act of “using any form of pressure with the real or apparent aim of obtaining an act or favour of a sexual nature, whether for the perpetrator or for a third person”. The Committee also notes that section 37 of Act No. 006/2021 of 6 September 2021 is drafted in very similar terms. It further notes that section 402 of Act No. 042/2018 of 5 July 2019, issuing the Criminal Code, defines sexual harassment as “any repeated and persistent or suggestive behaviour, attitude or comments directly or indirectly imputable to a person who, in abuse of the authority or influence conferred by his or her position or social rank, has the aim of obtaining sexual favours of a person of either sex” and makes such acts punishable by imprisonment and a fine. In this regard, the Committee notes from the Decent Work Country Programme (DWCP) for Gabon 2024–27 that while this legislative initiative is to be welcomed, “it must be acknowledged that the application of the text in the world of work is still hesitant, given the absence of legislation on violence and harassment at the workplace”. The Committee considers that the reference in the three sections cited above, to the repeated character of the comments or behaviour with a sexual connotation could restrict protection against sexual harassment. It is also concerned that the different formulations retained in the Labour Code may be a source of confusion and cause difficulties when applying the Code. The Committee requests the Government to consider the possibility of reviewing the provisions of section 2 of Act No. 10-216, of section 37 of Act no. 006/2021 and of section 402 of the Criminal Code to eliminate the reference to the repeated character of the comments or behaviour constituting sexual harassment and to provide information on any progress made in this regard. Furthermore, the Committee requests the Government to provide information on: (i) specific measures taken to raise awareness on the question of sexual harassment among workers, employers and their respective organizations, the labour inspectorate, lawyers and judges; (ii) the number of complaints of sexual harassment lodged under section 402 of the Criminal Code and the penalties imposed; and (iv) the implementation of the “Gabon equality” strategy and the results obtained in terms of combatting sexual harassment at the workplace.

Discrimination on the basis of national extraction, race, colour or religion. The Committee notes the indications of the Government, according to which the policy of “Gabonization” is pursuing a goal of rationalization in a country where the unemployment rate is continually rising and where workers of another nationality, far from being discriminated against, seem rather to occupy the majority of jobs to the detriment of nationals, resulting in strong social tension. The Government states that there are no statistics concerning the implementation of the policy in question. The Committee again requests the Government to provide data on the number of jobs concerned each year by the policy of “Gabonization”.

Non-discrimination and the promotion of equality of opportunity and treatment. Indigenous peoples. Further to its previous comment, the Committee notes the Government’s indication that indigenous peoples are guaranteed the same treatment as other people, regardless of their ethnicity. The Government adds that Gabon has ratified several conventions and international treaties guaranteeing that indigenous people enjoy the same rights as other citizens. The Committee again requests the Government: (i) to provide information on the findings of the socio-economic study of vulnerable people in rural and forest areas conducted by the Inequality Observatory, in particular with regard to the situation of indigenous peoples in rural and forest areas in relation to education and employment and the exercise of their traditional and subsistence activities; and (ii) to communicate available statistical data drawing a distinction between wage employment and traditional activities. Finally, the Committee requests the Government to indicate the follow-up measures adopted or envisaged to enable indigenous peoples to benefit in practice from real equality of opportunity and treatment with other categories of the population.

Article 2. Equality of opportunity and treatment between men and women in employment and occupation. The Committee notes that, in response to its previous comment, the Government indicates that in 2023 women represented 41 per cent of paid workers, against 35 per cent in 1990, except in the agricultural sector. The Committee also notes from the report drawn up following the general survey of enterprises carried out in 2023 that enterprises were more frequently directed by men (68.1 per cent), than by women (31.9 per cent). The Committee requests the Government to provide: (i) information on all measures taken or envisaged to promote equal access for men and women to employment and occupation, as well as to professional and political responsibilities; as well as (ii) numerical data, disaggregated by sector and sex, on the categories of employment occupied.

Articles 2 and 3(d). Equality of opportunity for men and women in the public service. The Committee notes the Government’s indication that awareness-raising sessions are being held in the framework of the “Gabon equality” strategy, and that the body of training and development courses and sessions are accessible to all Government officials, regardless of gender. It notes with interest that the participation of women in the public service increased from 36.8 per cent in 2016 to 41.5 per cent in 2020. The Committee requests the Government to pursue its efforts to promote equality of opportunity for men and women in the public service and to provide statistical data disaggregated by sex and category for 2021 and subsequent years.

Article 5. Workers with disabilities. The Committee notes from the DWCP 2024–27 that the establishment is envisaged, with the support of the Office, of programmes to develop entrepreneurship to create decent and productive employment for persons with disabilities, to allow them to engage in entrepreneurship and innovation in the green and blue sectors of the economy, and also in the rural economy based on transition to the formal economy. The Committee requests the Government to provide detailed information on all measures taken or envisaged to implement these development programmes and, where appropriate, on the results achieved in terms of labour market inclusion of persons with disabilities.

Awareness-raising.Noting that under section 4 of Act No. 010/2022 of 5 August 2022 establishing the National Hub for Promotion of Employment, the Hub is responsible, inter alia, for helping to raise awareness of discrimination in recruitment, the Committee requests the Government to provide detailed information on all awareness-raising measures taken or envisaged in this context and, where appropriate, on the results achieved, communicating data disaggregated by sex, sector of activity and occupation, whether in the public or private sector, including in respect of indigenous workers.

Statistics. The Committee again notes that the Government has not communicated the requested statistical data. In the regard, the Committee notes from the DWCP 2024–27 that the production of good quality statistics making it possible to obtain real-time information from the decent work indicators is a mid-term objective which could be prioritized under the next DWCP. It further notes from the United Nations Sustainable Development Cooperation Framework for Gabon 2023–27 that the Government should adopt and operationalize, before 2027, a legislative framework for the production of statistics and strengthen national capacity in terms of production, use and publication of data and statistics, so as to improve the elaboration, follow-up and monitoring of public policies and development programmes and make it possible to achieve all sustainable development goals. In this regard, the Committee recalls that appropriate data and statistics are crucial in determining the nature, extent and causes of discrimination, to set priorities and design appropriate measures, to monitor and evaluate the impact of such measures, and make any necessary adjustments (see the General Survey of 2012 on the fundamental Conventions; paragraph 891). The Committee encourages the Government to make all efforts to create the necessary conditions to allow collection and compilation of statics on employment, disaggregated by sex, sector of activity and occupation, whether in the public or private sector, including in respect of indigenous peoples, and requests the Government to provide all available information in this regard.

Monitoring application. The Committee notes that the Government has requested ILO technical assistance with regard to strengthening the capacity of the labour justice system (labour inspectors, magistrates, lawyers and others involved). It hopes that such assistance will be provided shortly. The Committee requests the Government to provide information on all developments in this regard.