1.2. Trends in Legal, Policy and Institutional Reform

1.2.1. Legal Reforms

All Central African countries undertook various legal reforms relevant to women’s economic empowerment and entrepreneurship throughout the AWD. Some countries (e.g. Burundi, Cameroon, Chad) have legislation in place, usually labour codes incorporating equal pay for equal work, with three countries (Equatorial Guinea, DR Congo, Gabon) implementing reforms during the Decade. In 2012, Equatorial Guinea adopted the Ordenamiento General del Trabajo (General Labour Regulations), which guarantees equal remuneration for work of equal value (Article 63(1)).525

In 2016, DR Congo made reforms to both the Labour Code and the Family Code, introducing new provisions favourable to women. The 2016 Family Code removed the requirement for marital authorisation for married women. It also affirmed the notion of joint participation between spouses regarding the obligations and management of the household and property.526 The revised Labour Code allows for the possibility of women working at night. It also gives a pregnant woman the right to suspend her employment contract without it being considered terminated.527 In terms of protection in the workplace, Burundi’s 2016 Violence Against Women Law prohibits sexual harassment and provides victims of GBV with the right to reduce or change their working hours temporarily.528 São Tomé and Príncipe has made various reforms to its labour and family codes. Reforms to the Labour Code in 2019 (No. 6/2019) included prohibiting the dismissal of pregnant workers.529

All countries in the Central African region offer paid maternity leave. Seven countries (Cameroon, Chad, Central African Republic, Congo Republic, DR Congo, Gabon, São Tomé and Príncipe) offer a minimum of 14 weeks. Except for Congo Republic and São Tomé and Príncipe, all countries also provide paid leave for fathers. During the Decade, three countries (Cameroon, Equatorial Guinea, São Tomé and Príncipe) adopted legislation addressing leave for mothers and fathers. Equatorial Guinea’s Ordenamiento General del Trabajo (General Labour Regulations) 2012 provides for 84 days of maternity leave and three days of paternity leave.530 In 2019, São Tomé and Príncipe passed Law No. 6/2019, which provides for 98 days of maternity leave,531 meeting the ILO standard on maternity benefits.532 In 2017, Cameroon adopted the National Collective Agreement of Trade, which provides for three days of paid leave for fathers.533

During the AWD, several Central African countries strengthened legislation prohibiting sexual harassment, which could be applied in the workplace. Six countries (Burundi, Cameroon, Central African Republic, Chad, DR Congo, Gabon) have implemented legislation prohibiting sexual harassment in employment with criminal penalties. Burundi adopted Law No. 1/27 of 2017, revising the Penal Code. Article 586 defines sexual harassment as acts using orders, threats or physical or psychological coercion or serious pressure against others with the aim of obtaining favours and abusing the authority conferred by its functions. The Law also imposes a punishment of one to two years of penal servitude and a fine.534 Chad adopted Law 2017-01, revising the Penal Code. Article 341 defines sexual harassment as “severe pressure for the real or apparent purpose of obtaining an act of a sexual nature” including by a person who abuses their position of authority. A sanction of imprisonment of one to three years and/or fine is imposed535. In Gabon, Law 010/2016 on combating harassment in the workplace states that, “Any repetitive behaviour that has the effect of undermining the dignity of a person and creating an intimidating, hostile, degrading or humiliating environment in the workplace constitutes harassment.”536 While this law attracts only civil penalties, the revised Penal Code (2018) offers criminal sanctions for sexual harassment, including in situations where there is an abuse of authority.537

1.2.2. Policy and Institutional Reforms

Most countries in the Central African region have up-to-date national gender plans that include women’s economic empowerment as a strategic objective. In addition, all countries have numerous national action plans that contribute to this area, such as national development plans. Burundi’s National Development Plan 2018–2027 aims to facilitate equitable access to economic opportunities between men and women and provide specific support for vulnerable women and girls to access economic opportunities.538 The Congo Republic National Development Plan 2018–2022