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Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Comoros (RATIFICATION: 2004)

Other comments on C111

Observation

Direct Request

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Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. National extraction. Termination of employment. The Committee notes that the Government’s report does not provide information on this matter. The Committee therefore once again requests the Government to take the necessary measures to harmonize the provisions of sections 2 and 44(b) of the Labour Code by introducing “national extraction” in the list of unlawful reasons for termination of employment set out in section 44(b), with a view to preventing any legal uncertainty concerning grounds covered.

Discrimination based on sex. Sexual harassment. The Committee notes that the Government has not provided the information requested on the application in practice of legislation against sexual harassment. The Committee therefore requests the Government to provide information on: (i) the specific steps taken to prevent sexual harassment, such as campaigns to raise the awareness of employers and workers and training to inform them of the legislative provisions addressing sexual harassment and the identification of such behaviour, and (ii) the number and nature of the violations reported and detected and the penalties imposed. The Committee also requests the Government to indicate the manner in which it encourages employers to take the preventive measures set out in the Labour Code (section 2(2)) and to provide examples of such measures adopted at the enterprise level. The Government is asked again to provide information on the manner in which persons with permanent employment in public administration, who are excluded from the scope of application of the Labour Code, are protected against sexual harassment at work.

Article 1(1)(a) and (3). Prohibited grounds of discrimination. Protection against discrimination at all stages of employment and occupation. Public service. The Committee previously noted that section 5 of Act No. 04-006 of 10 November 2004, issuing the General Public Service Regulations, which prohibits discrimination, only applies to access to employment and omits the following grounds of discrimination: colour, social origin and national extraction. It also noted that section 10 of the General Public Service Regulations provides more generally that “no discrimination may be made between public workers on grounds of their gender or their political, trade union, philosophical or religious opinion”, thus omitting the same grounds of discrimination. Concerning the application of these provisions in practice, the Committee noted the allegations of the Confederation of Workers of Comoros (CTC) of discriminatory practices in the public service, including with regard to wages. With regard to this matter, the Committee notes that, in its report, the Government refers to section 10 of the General Public Service Regulations. The Committee reminds the Government that clear and comprehensive definitions of what constitutes discrimination in employment and occupation are instrumental in identifying and addressing the many manifestations in which it may occur (see General Survey of 2012 on the fundamental Conventions, paragraph 743). It therefore once again requests the Government to provide information on the measures adopted or envisaged to amend the General Public Service Regulations with a view to introducing a clear and comprehensive definition of discrimination which covers direct and indirect discrimination, all stages of employment and occupation and at least all of the grounds of discrimination listed in Article 1(1)(a) of the Convention. The Committee also requests the Government to provide information on the application in practice of the provisions of the General Public Service Regulations concerning discrimination, including information on any awareness-raising campaigns launched in the public sector, and on any cases reported or detected and the subsequent action taken in this regard).

Article 1(1)(b). Discrimination on the basis of HIV status. Private sector. In its previous comments, the Committee noted that section 2 of the Labour Code prohibits discrimination based on real or perceived health status, including in relation to HIV/AIDS, and noted the adoption of the National Strategic Plan to Combat HIV/AIDS (2011–15). It notes that the Government’s report does not contain information on the implementation in practice of this policy and legislative provisions. The Committee therefore once again requests the Government to provide information on the impact of the measures taken within the framework of the National Strategic Plan to Combat HIV/AIDS (2011–15), or of any other measures, to take effective action to combat discrimination on the basis of real or perceived HIV status, including measures to raise awareness on the provisions of the Labour Code on this matter and training for workers, employers, their respective organizations, labour inspectors and controllers and judges.

Public Service. Further to its request in this regard, the Committee notes that the Government’s report does not include information on the protection against discrimination on the basis of HIV status in the public service. It therefore once again requests the Government to consider the possibility of harmonizing the protection for public workers against discrimination (sections 5 and 10 of the General Public Service Regulations) with the protection afforded to private sector workers by the Labour Code (section 2).

Article 2. National policy. Equality of opportunity and treatment for men and women. In its previous comments, the Committee welcomed several initiatives aimed at promoting women’s employment, such as the 2007 National Policy on Gender Equity and Equality (PNEEG), the strategic focus on women’s employment within the 2014 National Employment Policy (PNE), and the adoption in 2013 of the Steering Plan for Women’s Entrepreneurship (PDEF). It noted, however, that, despite these commitments, the Decent Work Country Programme (DWCP 2015 – 2019) still reported an unemployment rate of women twice as high as that of men. The Committee notes that the Government has not provided information in its report on this subject. The Committee therefore once again requests the Government to take specific steps to eliminate obstacles to the participation of women in employment and the various occupations, and particularly vocational guidance and training measures to combat stereotypes and prejudices regarding the capacities and vocational aspirations of girls and women and, more generally, to combat stereotypes and prejudices concerning their role in society, and to provide information on any measures adopted in this respect. It also requests the Government to provide specific information on the results of the evaluation of the PNEEG undertaken in 2016, on any follow-up measures taken and on the initiatives adopted in the context of the implementation of the DWCP 2015–2019 to promote equality for men and women in employment and occupation.

Entitlement to leave. The Committee notes that the Government has not provided information in response to its previous comment on this subject. The Committee therefore requests once again the Government to consider the possibility of extending the benefit of section 133 of the Labour Code on entitlement to leave for mothers with children under 15 years of age to fathers, so as to ensure that such leave is granted to the men and women workers concerned on an equal footing.

Equality of opportunities and treatment irrespective of race, colour, religion, political opinion, national extraction and social origin. The Committee reminded the Government that Article 2 of the Convention requires States which ratify the instrument to declare and pursue a national policy designed to promote, by methods appropriate to national conditions and practice, equality of opportunity and treatment in respect of employment and occupation, with a view to eliminating any discrimination in respect thereof. The Committee notes that the Government’s report does not contain information in this regard. The Committee therefore requests once again the Government to take steps to declare and pursue a national policy designed to promote equality in employment and occupation for all the categories of the population, irrespective of race, colour, religion, political opinion, national extraction or social origin.

General observation of 2018. With regard to the above issues, and in more general terms, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Article 3(d). Equality of opportunity. Recruitment to the public service The Committee requested the Government to respond to the observations of the CTC, which had alleged discrimination in recruitment to the public service and reported a lack of appropriate complaints procedures. The Committee notes that the Government has not responded to these allegations or provided information on recruitment to the public service. The Committee therefore once again asks the Government to provide information on: (i) the measures taken to ensure the effective application of the principle of equality of opportunity set out in the Convention in relation to recruitment to positions that are under the direct control of a national authority (public servants and others), (ii) the complaints procedures available in the event of allegations of discrimination, and (iii) the activities of the Higher Council of the Public Service and the Joint Committee in this respect. The Committee also requests the Government to provide data on personnel numbers in the public service, disaggregated by sex and by category, including the number of recruitments carried out each year.

Article 5. Special protection measures. In its previous comments, the Committee noted the Government’s indication that it envisaged adopting regulatory provisions limiting women’s employment and requested information in this regard. The Committee notes that the Government has not provided such information. It therefore once again requests the Government to provide information on the adoption, where appropriate, of regulatory provisions limiting or regulating women’s access to certain jobs.

Enforcement. Labour inspection and the courts. The Committee notes that the report does not contain information on the enforcement of legislation on discrimination. The Committee once again requests the Government to provide detailed information on any cases of discrimination dealt with by the labour inspection services or the courts, including any cases of sexual harassment, with an indication of the ground of discrimination relied upon, the remedial measures adopted, the penalties against those responsible for the discrimination and the compensation granted to the victims. Recalling the importance of the role of the labour inspection services in combating discrimination, the Committee asks the Government to encourage the labour inspection services to engage in awareness raising activities on discrimination issues, including sexual and psychological harassment, for workers, employers and their respective organizations.

Statistics. The Committee notes that the Government’s report does not contain statistical data and recalls that appropriate data and statistics are crucial in determining the nature, extent and causes of discrimination and unequal remuneration, to set priorities and design appropriate measures, to monitor and evaluate the impact of such measures, and make any necessary adjustments (see General Survey of 2012, paragraph 891). The Committee once again hopes that the Government will soon be in a position to provide recent statistical data on the situation of men and women in employment and occupation in the public and private sectors, and reminds it of the possibility of availing itself of the technical assistance of the Office in this regard.