ILO-en-strap
NORMLEX
Information System on International Labour Standards
NORMLEX Home > Country profiles >  > Comments > All Comments

DISPLAYINEnglish - French - Spanish

CMNT_TITLE

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee previously noted that section 66 of Labour Act No. 23/2007 equates sexual harassment with a disciplinary offence and provides that victims shall be entitled to compensation in an amount of 20 times the minimum wage, without prejudice to any judicial cause of action under the applicable law. While noting the absence of information provided by the Government on the application of section 66 of the Labour Act in practice, the Committee notes the Government’s indication, in its report, that a draft new Labour Act, that would contain specific provisions and measures to combat sexual harassment, is currently being reviewed by the National Assembly. It further notes that: (1) Act No. 10/2017 of 1 August approving the general status of state employees and agents, forwarded by the Government, provides that state employees and agents shall not harass materially, morally or sexually within or outside the workplace, as long as it interferes with the stability, employment or career progression of the harassed person; and provides for a disciplinary offence of downgrading (sections 43(2) (g) and 98(3)(e)); and that (2) section 205 of the new Penal Code (Act No. 24/2019 of 24 December 2019) now provides for a penalty of imprisonment of up to two years in case of sexual harassment, while limiting the scope of application of the penalty to acts intended at obtaining “an advantage or a favour of a sexual nature” and resulting from an abuse of authority. The Committee wishes to recall in that regard that, to be effective, the prohibition of sexual harassment must not only cover behaviour, acts or words intended to obtain sexual favours, but also types of behaviour, acts or words with a sexual connotation which have the effect of creating an intimidating, hostile or humiliating work environment for an individual. It also emphasizes that the prohibition must not only apply to persons exercising authority, such as a hierarchical superior or an employer, but also work colleagues and even clients of enterprises, or other persons encountered in the work context (see General Survey on the fundamental Conventions, 2012, paragraph 789).
In addition, the Committee takes note of the new Gender Equality Policy and Implementation Strategy, adopted in 2018, which sets as specific objective and strategic actions to develop and implement strategies: (1) to prevent, eliminate and transform social and cultural practices that legitimize and tolerate gender-based violence such as sexual harassment, sexual assault, premature marriages and early pregnancy, including in collaboration with the private sector, as well as (2) to ensure the effective implementation of the legislative provisions that prohibit and punish all forms of gender-based violence. It further notes the adoption of the National Plan for Preventing and Combating Gender-Based Violence for 2018–2021, which defines six strategic areas to combat gender-based violence and discrimination, such as: (1) strengthening the legislation; (2) implementing awareness-raising actions, among others at the enterprise level; and (3) collecting statistical information. The Committee however notes that, in its 2019 concluding observations, the United Nations (UN) Committee on the Elimination of Discrimination against Women (CEDAW) expressed specific concerns at: (1) the rampant gender-based violence against women and girls committed in the public and private spheres and the underreporting of such cases; and (2) reports of a high incidence of sexual harassment against women in the workplace. It further notes that the CEDAW and the UN Committee on the Rights of the Child both expressed deep concerns about the prevalence of sexual harassment and violence of girls in schools, as well as to and from schools, and impunity for the perpetrators, which constitute a barrier for girls access education (CEDAW/C/MOZ/CO/3-5, 30 July 2019, paragraphs 25(a) and (b), 31(d) and 33(e) and CRC/C/MOZ/3-4, 27 November 2019, paragraph 40). In light of the ongoing revision of the Labour Act, the Committee asks the Government to take the necessary measures to include specific legislative provisions: (i) defining and explicitly prohibiting all forms of sexual harassment in the workplace, both quid pro quo and hostile work environment, and (ii) whose scope of application is not limited to persons exercising authority. It further asks the Government to provide information on the measures taken to prevent and combat sexual harassment in education institutions and at workplaces, including in collaboration with employers’ and workers’ organizations and the private sector, in particular in the framework of the new Gender Equality Policy and Implementation Strategy and the National Plan for Preventing and Combating Gender-Based Violence for 2018-2021. Finally, the Committee asks the Government to provide information (i) on the application of section 66 of the Labour Act; sections 43(2) (g) and 98(3)(e) of Act No. 10/2017; and section 205 of the new Penal Code, in practice, specifying the measures taken to raise awareness of the new provisions and the remedies available to victim; as well as (ii) on the number of complaints or cases of sexual harassment in employment and occupation dealt with by labour inspectors, the Ombudsman, the courts or any other competent authority, the sanctions imposed and remedies provided.
Article 1(1)(b). Discrimination on the basis of HIV and AIDS. The Committee previously noted that Act No. 19/2014 on HIV/AIDS provides for the equality and non-discrimination of workers and job applicants living with HIV/AIDS, in both the private and public sectors, including domestic workers, and calls upon employers to establish policies and programmes to prevent and combat HIV and AIDS at the workplace (sections 47, 51 and 53). It asked the Government to provide information on the practical application of Act No. 19/2014 and to consider extending the coverage of the current legislation so as to prohibit discrimination also on the basis of perceived HIV status. The Committee notes the Government’s indication that, in 2018, presentations were made to 19,580 workers, including 15,857 men and 3,723 women, in 693 enterprises, in order to raise awareness on HIV/AIDS in the workplace. Welcoming this information, the Committee takes also note of the adoption of a new National Strategic Plan to Combat HIV/AIDS for 2015–2019 (PEN IV). It notes more particularly that the strategic plan acknowledges that, there has been a reduction in the implementation of programmes to combat HIV/AID at the workplace level, in the private sector, as a result of reduced funding, and provides for better coordination of actions and implementation of public–private partnerships. Referring to its comments regarding sexual harassment, it further notes that the strategic plan aims, inter alia, at raising awareness on HIV/AIDS and providing legal information services in view of confronting the practices of gender-based violence that exposes women and girls to the vulnerability of HIV/AIDS infection. In that regard, the Committee notes that several UN treaty bodies recently expressed concern at the high prevalence of HIV among girls and women, the efforts made under the national strategic plan to combat HIV/AIDS notwithstanding, and recommended that the Government strengthen awareness-raising campaigns aimed at reducing related stigma and discrimination (CEDAW/C/MOZ/CO/3-5, 30 July 2019, paragraph 35(a) and CRC/C/MOZ/3-4, 27 November 2019, paragraph 36). The Committee asks the Government to continue to provide information on: (i) the practical application of Act No. 19/2014, including information on any policies and programmes adopted and implemented at the workplace to prevent and combat discrimination based on HIV/AIDS, including as a result of public-private partnerships, in particular in the framework of the National Strategic Plan to Combat HIV/AIDS for 2015–2019; and (ii) the number of complaints or cases alleging discrimination based on HIV/AIDS dealt with by the labour inspectors or any other competent authorities. Recalling that national law and policies should provide for protection from discrimination and stigma on the basis of both real and perceived HIV status in order to cover also those discriminated against on the basis of stereotyping (see General Survey on the fundamental Conventions, 2012, paragraph 812), the Committee again asks the Government to consider extending the coverage of the current legislation so as to prohibit discrimination and promote equality of opportunity and treatment in employment and occupation also on the basis of perceived HIV status, as contemplated in the HIV and AIDS Recommendation, 2010 (No. 200).
Articles 2 and 3. Equality of opportunity and treatment between men and women. The Committee previously noted that occupational gender segregation persists, and early marriages along with other factors have repercussions on women’s participation in the labour market. Regretting the lack of information provided by the Government on the measures adopted to promote, in practice, equality of opportunity and treatment in employment and occupation of men and women, the Committee notes that the new Gender Equality Policy and Implementation Strategy of 2018, operationalized by the IV National Plan for the Advancement of Women (PNAM) 2018–2024, sets as specific objectives and strategic actions to: (1) promote equal rights and opportunities for girls and boys, as well as for women and men, in access to education and quality training; (2) eliminate gender stereotypes in education, including in increasing the number of girls opting for Science, Technology, Engineering and Mathematics (STEM) subjects; (3) implement specific measures to increase the proportion of women in the labour market, as well as in decision-making bodies, at all levels; and (4) promote equal access, control and ownership of productive resources, including land and financial resources, by women. As regards the measures to combat school dropout, the Committee welcomes the adoption of Act No. 19/2019 of 22 October aimed at preventing and combating early marriages by only allowing unions between individuals who have reached the age of 18 years. However, it notes that, according to the National Institute of Statistics (INE), in 2017, the illiteracy rate was estimated at 49.4 per cent for women compared to 27.2 per cent for men, while the enrolment rate in the tertiary education was estimated at 39.2 per cent for women, compared to 60.8 per cent for men. It further notes that the active female population rate decreased from 65.2 per cent in 2007 to 52.6 per cent in 2017 (compared to 73.8 per cent and 62.8 per cent respectively for men), with women being still mostly represented in sectors such as education, health and social work, while they were less represented in traditionally male dominated sectors such as construction and transport (Mulheres e Homens, 2018, INE). The Committee further notes that, in its 2019 concluding observations, the United Nations (UN) Committee on the Elimination of Discrimination against Women expressed concern about (1) the high school dropout rate among girls and the disproportionately high level of illiteracy among women and girls; (2) the low enrolment rate among women and girls in traditionally male-dominated fields of education; (3) the employment of girls between 12 and 15 years as domestic workers, pursuant to article 4 of Decree No.40/2008 on domestic work; (4) the number of women and girls who are trafficked for purposes of forced labour and sexual exploitation; (5) the limited access by rural women to land ownership, formal credit and loans; as well as (6) the insufficient level of human, technical and financial resources to implement gender equality legislations, policies and plans (CEDAW/C/MOZ/CO/3-5, 30 July 2019, paragraphs 17, 27, 31, 33 and 39). The Committee takes note with concern of this information. In light of the persistent occupational gender segregation, the Committee asks the Government to provide information on the measures taken, in particular in the framework of the Gender Equality Policy and Implementation Strategy and the IV National Plan for the Advancement of Women 2018-2024, to improve equality of opportunity and treatment between men and women in employment and occupation in order to (i) enhance women’s entrepreneurship and access to the labour market, land and credit, and (ii) improve the literacy rate of women and girls while reducing early dropout from school. It further asks the Government to provide updated statistical information on the participation of men and women in education, training, employment and occupation, disaggregated by occupational categories and positions, both in the public and private sectors, as well as in the informal economy.
Discrimination based on race, colour or national extraction. Migrant workers. The Committee notes that, in its 2018 concluding observations, the UN Committee on Migrant Workers (CMW) was concerned about reports that migrant workers, in particular those in an irregular situation, are often subjected to labour and sexual exploitation, particularly in the mining, agriculture, manufacturing, tourism and domestic work sectors (CMW/C/MOZ/CO/1, 16 October 2018, paragraphs 27(b) and 31). The Committee recalls that under the Convention, all migrant workers, including those in an irregular situation, must be protected from discrimination in employment on the basis of the grounds set out in Article 1(1)(a) (see 2012 General Survey, paragraph 778). The Committee asks the Government to provide information on the measures taken to ensure equality of opportunity and treatment for migrant workers, in particular by combating any form of discrimination prohibited by the Convention against migrant workers, including those in an irregular situation. It asks the Government to provide information on the number and nature of cases where migrant workers, including those in an irregular situation, faced discrimination in employment and occupation, which have been dealt with by the labour inspectorate, the Ombudsman or the courts, as well as the sanctions imposed and remedies provided.
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 asks the Government to provide information in response to the questions raised in that observation.
Article 5. Special measures. Persons with disabilities. The Committee previously noted that, as a result of section 28(1) of the Labour Act, which provides that employers shall promote the adoption of appropriate measures to enable persons with disabilities to enjoy the same rights as other workers with respect to access to employment, vocational training and promotion, various activities aimed at promoting access to training and employment of persons with disabilities were contemplated under the “Action Plan to Assist Victims of Mines and Persons with Disabilities”. Regretting the lack of information provided by the Government on the implementation of the action plan, the Committee notes that the Second National Action Plan for Disability (PNAD II) for 2012–2019, acknowledges that the living conditions of persons with disabilities are generally more precarious than the rest of the population as a result, inter alia, of low education level and poor access to the labour market, as reflected by their unemployment rate which is up to four times higher than the rest of the population (39 per cent and 9 per cent respectively). It notes that the PNAD II sets as specific objective to enhance equality of rights and opportunities of persons with disabilities, in particular in education and access to employment. The Committee asks the Government to provide information on any measures taken to promote equal opportunities and treatment in education, employment and occupation of persons with disabilities, in particular in the framework of the Second National Action Plan for Disability for 2012-2019. It again asks the Government to provide information on the application of section 28(1) of the Labour Act in practice, in order to promote access of persons with disabilities to employment and vocational training.
Enforcement. Regretting the repeated lack of information provided by the Government on the enforcement of the Convention, the Committee notes that, in 2021, the Government will benefit from ILO technical assistance in the framework of the “#Trade4DecentWork” project with a view to improve the implementation of ILO Fundamental Conventions at national level. The Committee asks the Government to provide information on any measures or activities undertaken to raise public awareness of the provisions of the Convention, as well as on the procedures and remedies available, in particular as a result of the technical assistance provided by the ILO. It further asks the Government to provide information on any cases or complaints concerning discrimination in employment and occupation detected by or reported to labour inspectors, the Ombudsman, the courts or any other competent authorities, as well as any decision issued in this regard, specifying the sanctions imposed and remedies provided.

CMNT_TITLE

Article 1 of the Convention. Legislative protection against discrimination. The Committee previously noted that articles 35 and 36 of the Constitution and section 54(1) of the Labour Act No. 23/2007 provide for equality of rights at work for any worker, regardless of colour, race, sex, ethnic origin, place of birth, language, civil status, age, social condition, level of education, religious and political ideas and affiliation to a trade union. It however noted that the national legislation does not expressly prohibit both direct and indirect forms of discrimination in all aspects of employment and occupation. Regretting the repeated lack of information provided by the Government concerning the scope of application of section 54(1) of the Labour Act in practice, the Committee notes the Government’s statement, in its report, that a draft new Labour Act is currently being reviewed by the National Assembly. In that regard, it notes that, in 2021, the Government will benefit from ILO technical assistance in the framework of the “#Trade4DecentWork” project with a view to improve the implementation of ILO fundamental Conventions at national level, in particular by amending its legislation. In light of the ongoing revision of the Labour Act, the Committee trusts that the Government will seize every opportunity to explicitly prohibit in its national legislation both direct and indirect discrimination, and that this prohibition will cover : (i) all the grounds listed in Article 1(1)(a) of the Convention, as well as any other grounds already enumerated in its national legislation in accordance with Article 1(1)(b); and (ii) all aspects of employment and occupation (education, vocational guidance and training; access to employment and particular occupations; and terms and conditions of employment). It further asks the Government to provide information on any progress made in this regard, in particular as a result of the technical assistance provided by the ILO.
The Committee is raising other matters in a request addressed directly to the Government.

CMNT_TITLE

Article 1(1)(b) of the Convention. Discrimination on the basis of HIV and AIDS. The Committee notes with interest the adoption of Act No. 19/2014 on HIV/AIDS establishing, among others, provisions for the equality and non-discrimination of workers and job applicants living with HIV/AIDS in both the private and public sectors, including domestic workers. The Committee notes, in particular, that Act No. 19/2014 provides for equal opportunities and treatment for workers, job applicants and public employees with HIV/AIDS, and expressly prohibits discrimination based on HIV/AIDS with regard to work, training, promotion and career advancement (section 47); prohibits HIV testing for the purpose of accessing employment, continuing in the employment relationship and accessing training and career development (section 51); calls upon employers to establish policies and programmes to prevent and combat HIV and AIDS at the workplace, including information and education services, counselling and testing (section 53); and provides for the compensation and reintegration of the worker dismissed on the ground of HIV/AIDS (section 60) and for the compensation for the job applicant rejected because of HIV/AIDS (section 61). The Committee notes the Government’s indication that 32 cases of dismissal have been filed under the Act, 11 of which have been referred to the court for decision because no settlement was reached between the parties. The Committee also notes the information provided by the Government concerning the various activities undertaken with a view to preventing HIV and addressing its impact at the workplace, including the measures adopted under the “Strategy for the Prevention and Control of HIV/AIDS in the Public Service”, the information campaign on Act No. 19/2014 designed with the support of the ILO and the specific project addressing the transport sector implemented in cooperation with the ILO. The Committee requests the Government to provide information on the practical application of Act No. 19/2014, including information on any policies and programmes adopted at the workplace to prevent and combat discrimination based on HIV/AIDS. Please also continue to provide information on the nature and number of complaints filed with the competent authorities alleging discrimination based on HIV/AIDS and any cases detected by the labour inspectors, and their outcomes. Recalling that national law and policies should provide for protection from discrimination and stigma on the basis of both real and perceived HIV status in order to cover also those discriminated against on the basis of stereotyping (see General Survey on the fundamental Conventions, 2012, paragraph 812), the Committee further asks the Government to consider extending the coverage of the current legislation so as to prohibit discrimination and promote quality of opportunity and treatment in employment and occupation also on the basis of perceived HIV status, as contemplated in the HIV and AIDS Recommendation, 2010 (No. 200).
Articles 1 and 2. Grounds and definition of discrimination. National equality policy. The Committee notes that the Government, despite requests by the Committee for specific information in reply to its previous comments, has failed to do so. The Committee recalls that section 54 of the Labour Act provides for equality of rights at work for any worker, regardless of ethnic origin, language, race, sex, civil status, age, social condition, religious and political ideas and affiliation to a trade union. The Committee once again requests the Government to indicate how the equality and non-discrimination provisions of the Labour Act are applied in practice and to provide information on any measures adopted or envisaged to combat discrimination in employment and occupation such as, for example, measures directed at addressing gaps in training and skills levels and examining and tackling other barriers that certain groups face in accessing and retaining employment in the various sectors and occupations, and their impact. In order to provide any undue limitations of the protection which the Convention seeks to guarantee, the Committee requests the Government to indicate whether both direct and indirect forms of discrimination are covered by section 54 of the Labour Act, by providing information on any judicial decisions interpreting these provisions or any advice, decisions or recommendations made by other competent bodies. Please also clarify whether this provision covers all aspects of employment and occupation, in accordance with Article 1(3) of the Convention, including access to vocational training and access to employment, and to a particular occupation.
Equality of opportunity and treatment between men and women. The Committee notes the Government’s indication that, while progress has been made towards improving women’s access to employment opportunities, cultural aspects still impair their participation in both vocational training and employment on an equal footing with men. According to the Report on the Household Budget Survey for the period November 2014–January 2015, the average unemployment rate was 15.2 per cent among women and 16.2 per cent among men. The Government acknowledges that occupational gender segregation persists, and that early marriages along with other factors have repercussions on women’s participation in the labour market. The Committee notes the Government’s indication that special measures targeting women are needed and their adoption is under consideration. It also notes from the information provided by the Government that out of the 1,145,406 jobs created from 2011 to 2014, 184,568 were accessed by women (that is 16 per cent of all jobs created); and that, under the Employment and Vocational Training Strategy 2006–15 (EEFP), 219,260 women participated in training courses, out of 633,971 total beneficiaries. The Committee further notes the information provided by the Government on a number of initiatives aimed at promoting business activities, including the Support Fund for Youth Initiatives (FAI), PROJOVEM programme, the District Development Fund (FDD), the Strategic Plan for the Reduction of Urban Poverty (PERPU) and the Agrarian Development Fund (FDA). In this regard, the Committee notes from the report of the UN Special Rapporteur on extreme poverty and human rights that women have little control over or access to productive resources (A/HRC/26/28/Add.1, 4 June 2014, paragraph 25). The Committee thus recalls that promoting and ensuring access to material goods and services required to carry out an occupation, such as land, credit and other resources, shall be part of the objectives of a national policy on equality (see General Survey on the fundamental Conventions, 2012, paragraph 756). The Committee requests the Government to continue to provide information on the measures adopted to promote, in practice, equality of opportunity and treatment in employment and occupation of men and women and their results, including information on the measures taken to promote women’s self-employment and their access to land, credit and other material goods and services needed to perform an occupation. Noting that a significant gap persists between the number of men and women who have benefited from the employment and vocational training strategy, the Committee again requests the Government to take this gap into account when evaluating the strategy with a view to adopting specific measures to reduce it.
Discrimination based on sex. Sexual harassment. In its previous comments, the Committee noted that section 66 of Labour Act No. 23/2007 equates sexual harassment with a disciplinary offence and provides that victims shall be entitled to compensation in an amount of 20 times the minimum wage, without prejudice to any judicial cause of action under the applicable law. The Committee also noted that the draft new General Statute of the Public Service, which addresses the issue of harassment, was awaiting promulgation. The Committee notes that the new General Statute of the Public Service was adopted in April 2017. It notes that the Government has not provided additional information on this subject. The Committee once again requests the Government to provide information on the effect given in practice to section 66 of Labour Act No. 23/2007, including the number of disciplinary penalties imposed and compensation awarded, and to provide a copy of the new General Statute of the Public Service. It also requests the Government to provide information on the measures adopted or envisaged to prevent and combat sexual harassment at the workplace, including any awareness-raising campaigns and any measures designed to assist victims to gain access to legal remedies.
Article 5. Special measures. Persons with disabilities. The Committee notes the Government’s indication that various activities aimed at promoting access to training and employment of persons with disabilities are contemplated under the “Action Plan to Assist Victims of Mines and Persons with Disabilities”. The Committee requests the Government to provide information on the implementation of the Action Plan and the results achieved as far as the promotion of equal opportunities and treatment in employment and occupation of persons with disabilities is concerned. The Committee also reiterates its request for information on the effect given in practice to section 28 of Labour Act No. 23/2007 to promote the access of persons with disabilities to employment and vocational training, as well as on any other measures adopted or envisaged to promote the application of the principle set out in the Convention in relation to persons with disabilities.
Enforcement. The Committee once again requests the Government to provide information on any relevant administrative and judicial decisions, as well as on the activities of the labour inspection services in relation to cases of discrimination, including any sanctions imposed or remedies provided. It also requests the Government to indicate any measure adopted or envisaged to promote broader awareness of the matters covered by the Convention, particularly through vocational training of the judiciary, labour inspectors and other relevant officials and agencies.

CMNT_TITLE

HIV/AIDS. The Committee notes the brief information provided by the Government regarding cases of dismissal on the basis of workers’ HIV status that were brought before the judicial authorities. The Committee requests the Government to continue to provide information on the number and nature of complaints filed with the administrative and judicial authorities based on HIV and AIDS, including for mandatory HIV testing and on the decisions handed down, as well as on the findings and results of labour inspection activities in this regard and on the decisions handed down. Please also provide information on the outcome of the consultations which were being held on the need for the revision of Act No. 5/2002 prohibiting discrimination on the basis of HIV/AIDS and on the action taken as a result.
The Committee notes, however, that the Government’s report contains no reply to its other previous comments. Acknowledging the Government’s participation in the ILO Workshop on International Labour Standards and Constitutional Obligations held in September 2013, in Lisbon, the Committee hopes that the assistance provided by the Office will offer additional guidance in the elaboration of the Government’s next report. It hopes that the report will contain full information on the matters raised in its previous direct request, which read as follows:
Articles 1 and 2 of the Convention. In its previous comments, the Committee noted that the Labour Act No. 23/2007 does not prohibit any form of direct or indirect discrimination in all aspects of employment and occupation, and it referred in particular to racial discrimination in employment and to the absence of measures to prevent and combat this phenomenon. The Committee notes that the Government has not provided any information on this subject. The Committee once again requests the Government to provide information on the effect given in practice to the relevant provisions of the Labour Act No. 23/2007 and on any measures adopted or envisaged to combat discrimination in employment and occupation based, among other grounds, on race or ethnic origin.
Sexual harassment. The Committee noted previously that section 66 of Labour Act No. 23/2007 equates sexual harassment with a disciplinary offence and provides that victims shall be entitled to compensation in an amount of 20 times the minimum wage, without prejudice to any judicial cause of action under the applicable law. The Committee also noted that the draft new General Statute of the Public Service, which addresses the issue of harassment, was awaiting promulgation. The Committee notes that the Government has not provided additional information on this subject. The Committee once again requests the Government to provide information on the effect given in practice to section 66 of Labour Act No. 23/2007, including the number of disciplinary penalties imposed and compensation awarded, and to provide a copy of the new General Statute of the Public Service as soon as it has been adopted. It also requests the Government to provide information on the measures adopted or envisaged to prevent and combat sexual harassment at the workplace, including any awareness-raising campaigns and any measures designed to assist victims to gain access to legal remedies.
…
Article 2. The Committee requests the Government to continue providing information on the implementation of the strategic plan for education and employment and the employment and vocational training strategy, and particularly on their impact in terms of promoting equality of opportunity and treatment in access to education, vocational training, employment and occupation for the groups targeted by the labour policy, including persons with disabilities and the unemployed.
Equality of opportunity and treatment between men and women. … The Committee notes that, according to the Government, 223,223 men and 127,434 women have benefited from the employment and vocational training strategy, resulting in new jobs in self-employment and in productive associations. Noting the significant gap between the number of men and women who have benefited from the employment and vocational training strategy, the Committee requests the Government to take this gap into account when evaluating the strategy with a view to adopting measures to reduce the gap. The Committee also requests the Government to continue providing detailed information on the implementation of the policy of equality between men and women and its implementation strategy, and on its impact in terms of the elimination of discriminatory practices and the promotion of equality of opportunity and treatment in employment and occupation in the private and public sectors, as well as information on the awareness-raising activities undertaken in collaboration with the social partners.
Article 5. Special measures. Persons with disabilities. The Committee requests the Government to provide information on the effect given in practice to section 28 of Labour Act No. 23/2007 to promote the access of persons with disabilities to employment and vocational training, as well as on any other measures adopted or envisaged to promote the application of the principle set out in the Convention in relation to persons with disabilities.
Enforcement. The Committee notes the project to establish arbitration and mediation centres for labour disputes relating to the application of the Convention. The Committee requests the Government to continue providing information on any relevant administrative and judicial decisions, as well as on the activities of the labour inspection services in relation to cases of discrimination, including any sanctions imposed or remedies provided. It also requests the Government to indicate any measure adopted or envisaged to promote broader awareness of the matters covered by the Convention, particularly through vocational training of the judiciary, labour inspectors and other relevant officials and agencies.
The Committee hopes that the Government will make every effort to take the necessary action in the near future.

CMNT_TITLE

Articles 1 and 2 of the Convention. In its previous comments, the Committee noted that the Labour Act No. 23/2007 does not prohibit any form of direct or indirect discrimination in all aspects of employment and occupation, and it referred in particular to racial discrimination in employment and to the absence of measures to prevent and combat this phenomenon. The Committee notes that the Government has not provided any information on this subject. The Committee once again requests the Government to provide information on the effect given in practice to the relevant provisions of the Labour Act No. 23/2007 and on any measures adopted or envisaged to combat discrimination in employment and occupation based, among other grounds, on race or ethnic origin.

Sexual harassment. The Committee noted previously that section 66 of Labour Act No. 23/2007 equates sexual harassment with a disciplinary offence and provides that victims shall be entitled to compensation in an amount of 20 times the minimum wage, without prejudice to any judicial cause of action under the applicable law. The Committee also noted that the draft new General Statute of the Public Service, which addresses the issue of harassment, was awaiting promulgation. The Committee notes that the Government has not provided additional information on this subject. The Committee once again requests the Government to provide information on the effect given in practice to section 66 of Labour Act No. 23/2007, including the number of disciplinary penalties imposed and compensation awarded, and to provide a copy of the new General Statute of the Public Service as soon as it has been adopted. It also requests the Government to provide information on the measures adopted or envisaged to prevent and combat sexual harassment at the workplace, including any awareness-raising campaigns and any measures designed to assist victims to gain access to legal remedies.

HIV/AIDs. The Committee notes that, according to the Government, in the context of the project for the mobilization of cooperatives, small and medium-sized enterprises and the informal economy to address HIV/AIDs, the following activities were undertaken: training for 25 educators, awareness-raising activities for 16,000 informal sector vendors and the introduction of HIV/AIDs programmes in enterprises. The Committee requests the Government to provide information on the effect given to Act No. 5/2002 prohibiting discrimination on the basis of HIV/AIDs, including the findings of labour inspection activities. Recalling that consultations were being held on the need for the revision of this Act, the Committee would also be grateful to be provided with information on the outcome of these consultations and the action taken as a result.

Article 2. The Committee notes the information provided by the Government on the action to raise awareness among the social partners concerning the vocational rehabilitation of persons with disabilities and the measures to promote the reintegration of the unemployed. The Government indicates that the employment and training strategy has the objective not only of creating new jobs, but also of establishing a social and economic system which guarantees basic employment while taking into account market requirements. The Committee requests the Government to continue providing information on the implementation of the strategic plan for education and employment and the employment and vocational training strategy, and particularly on their impact in terms of promoting equality of opportunity and treatment in access to education, vocational training, employment and occupation for the groups targeted by the labour policy, including persons with disabilities and the unemployed.

Equality of opportunity and treatment between men and women. The Committee notes the Government’s indication that the promotion of women’s employment is intended to: (1) guarantee them protection against discrimination upon recruitment and in transfers, as well as against dismissals; (2) compile information on the participation of women in the formal economy; (3) develop employment programmes for women in rural areas; and (4) raise awareness through training. In this respect, the Committee notes that, according to the Government, 223,223 men and 127,434 women have benefited from the employment and vocational training strategy, resulting in new jobs in self-employment and in productive associations. Noting the significant gap between the number of men and women who have benefited from the employment and vocational training strategy, the Committee requests the Government to take this gap into account when evaluating the strategy with a view to adopting measures to reduce the gap. The Committee also requests the Government to continue providing detailed information on the implementation of the policy of equality between men and women and its implementation strategy, and on its impact in terms of the elimination of discriminatory practices and the promotion of equality of opportunity and treatment in employment and occupation in the private and public sectors, as well as information on the awareness-raising activities undertaken in collaboration with the social partners.

Article 5. Special measures. Persons with disabilities. The Committee requests the Government to provide information on the effect given in practice to section 28 of Labour Act No. 23/2007 to promote the access of persons with disabilities to employment and vocational training, as well as on any other measures adopted or envisaged to promote the application of the principle set out in the Convention in relation to persons with disabilities.

Enforcement. The Committee notes the project to establish arbitration and mediation centres for labour disputes relating to the application of the Convention. The Committee requests the Government to continue providing information on any relevant administrative and judicial decisions, as well as on the activities of the labour inspection services in relation to cases of discrimination, including any sanctions imposed or remedies provided. It also requests the Government to indicate any measure adopted or envisaged to promote broader awareness of the matters covered by the Convention, particularly through vocational training of the judiciary, labour inspectors and other relevant agencies.

CMNT_TITLE

Legislative developments. The Committee notes the adoption of the new Labour Act (Law No. 23/2007) on 1 August 2007, which maintains, the equality provisions of the previous Act. A new provision has been added in section 4 providing that the Act shall be interpreted and applied in accordance with the principle of non-discrimination on the grounds of “sexual orientation, race and HIV/AIDS”. The Committee also notes that under section 54(2), measures targeting certain disadvantaged groups on the basis of their “sex, reduced capacity to work, disability or chronic illness” for the purpose of guaranteeing to them the exercise of the rights established in the Act on an equal footing with the rest of the population will not be considered discriminatory. The Committee further notes that there is no express prohibition of both direct and indirect forms of discrimination in all aspects of employment and occupation. In this regard, the Committee notes the concerns expressed by the Committee on the Elimination of Racial Discrimination about racist and xenophobic acts and attitudes occurring in the country, in particular in the field of employment, and about the absence of measures to prevent and combat such phenomena (CERD/C/MOZ/CO/12, 17 August 2007, paragraph 22). The Committee requests the Government to provide information on the practical application of the relevant provisions of the Labour Act, 2007 and on any measures taken or envisaged to combat discrimination in employment and occupation, in particular on the grounds of race and ethnic origin.

Article 1 of the Convention. Sexual harassment. The Committee notes the concerns expressed by the Committee on the Elimination of Discrimination against Women regarding the high prevalence of sexual violence against women which appears to be socially legitimized and accompanied by a culture of silence and impunity (CEDAW/C/MOZ/CO/2, 11 June 2007, paragraph 24). The Committee notes that section 66 of the Labour Act, 2007, replicates section 21 of the former Labour Act equating sexual harassment to a disciplinary offence and providing that when sexual harassment is committed by the employer or the employer’s agent, the victim shall be entitled to compensation in an amount of twenty times the minimum wage, without prejudice to any judicial cause of action under applicable law. The Committee also notes the Government’s indication that a new General Statute for Civil Servants which will address the issue of sexual harassment is awaiting promulgation. The Committee requests the Government to provide information on the practical application of section 66 of the Labour Act, 2007, including the number of disciplinary sanctions imposed and compensation awarded, and to provide a copy of the new General Statute for Civil Servants, once promulgated. It also asks the Government to provide information on the measures taken or envisaged to prevent and combat sexual harassment at the workplace, including information on awareness-raising campaigns and any measures aimed at providing assistance to the victims in accessing legal remedies.

HIV/AIDS. The Committee notes from the Government’s report that a handbook on HIV/AIDS at the workplace and compliance with Act No. 5/2002 prohibiting discrimination on the ground of HIV/AIDS was drawn up to assist labour inspectors in fulfilling their monitoring tasks. The Committee also notes that a number of awareness-raising and training initiatives were carried out in 2007, including a pilot programme intended to develop HIV/AIDS prevention activities at the workplace. The Committee welcomes these initiatives and requests the Government to provide information on their impact on combating and preventing discrimination on the basis of HIV/AIDS status in employment and occupation. The Committee also requests the Government to provide information on the application of the Act No. 5/2002, including the findings of labour inspectors’ monitoring activities. Recalling that consultations were underway to assess the need for a revision of this Act, the Committee further requests information on the outcome of the consultations and the follow-up of the outcome.

Article 2. Promoting equality of opportunity and treatment in employment and occupation. The Committee notes the Government’s indication that the current labour sector policy accords priority to training and labour integration of, among others, women, persons with disabilities, returnees, displaced persons and groups for which participation in the labour market is difficult. The Committee also notes that the Strategic Plan for the Education Sector is designed to widen access to education and vocational training and that the same goal is also pursued under the Employment and Vocational Training Strategy (EEFP). The Committee requests the Government to provide information on the implementation of the labour sector policy, the Strategic Plan for the Education Sector and the Employment and Vocational Training Strategy and the impact of these instruments on promoting equality of opportunity and treatment in respect of access to education, vocational training and employment and occupation of the target groups under the labour sector policy.

Equality of opportunity and treatment between men and women. The Committee notes the adoption of the Gender Policy and Implementation Strategy on 14 March 2006. It notes that the Strategy sets out a number of actions to be taken into account in the elaboration of strategic plans in the different public and private institutions of the country which include ensuring equal access between men and women to education and training, promoting women’s access to occupation thorough improving and strengthening their access to credit and physical resources, such as lands, promoting the sharing of family responsibilities between men and women and combating gender stereotypes. The Strategy also encompasses specific actions in the legal field with a view to ensuring the observance of women’s labour rights and disseminating and implementing legal instruments on gender, including ratified Conventions. The Committee further notes that a draft Gender Strategy for the Public service is currently being examined by the different public institutions. The Committee requests the Government to provide detailed information on the implementation of the Gender Policy and Implementation Strategy and its impact on eliminating discriminatory practices and promoting equality of opportunity and treatment in employment and occupation, including information on sensitization and awareness-raising activities in collaboration with the social partners. Please also provide a copy of the Gender Strategy for the Public Service, once finalized.

Article 5. Special measures. Persons with disabilities. The Committee notes that under section 28(1) of the Labour Act 23/2007 employers shall promote the adoption of appropriate measures to enable persons with disabilities to enjoy the same rights as other workers with respect to access to employment, vocational training and promotion. The Committee also notes that under section 28(3) special measures may be established by law or collective labour regulation instruments. The Committee requests the Government to provide information on the application of section 28 of the Labour Act and on any other measures taken or envisaged to promote the application of the principle of the Convention in respect of persons with disabilities.

Enforcement. The Committee notes the information in the Government’s report regarding violations of the provisions of the Labour Act 23/2007 concerning maternity protection, particularly protection against dismissal, detected by the labour inspection services. It also notes that no judicial decisions were handed down concerning the application of the Convention and that the Government will send such information as soon as it becomes available. The Committee requests the Government to continue to provide information on any relevant administrative and judicial decisions as well as on the activities of the labour inspectorate concerning cases of discrimination, including any sanctions imposed or remedies provided. It also requests the Government to indicate any measures taken or envisaged to promote awareness and understanding of the issues covered by the Convention, including by means of training, among the judiciary, the labour inspectors and other relevant officials.

CMNT_TITLE

1. Article 1 of the Convention. Sexual harassment. With reference to its general observation of 2002 on the Convention, the Committee asks the Government to provide in its next report information on the measures adopted or envisaged to prevent and combat sexual harassment in employment and occupation.

2. Article 2. Application in practice. With respect to the practical application of Act No. 5/2002 prohibiting discrimination on the ground of HIV/AIDS, the Committee notes that the Government is taking steps to address discrimination on the ground of HIV/AIDS, including imposing and enforcing punitive measures. The Committee also notes the programmes undertaken in cooperation with South Africa with a view to reducing the rate of HIV/AIDS infection among Mozambican mineworkers in South Africa and to provide support to those already infected. The Committee also notes that consultations are being undertaken with the social partners to determine if revisions are needed to Act No. 5/2002 and regarding its application in practice. The Committee also notes that draft regulations are being prepared. Noting that the Government recognizes that discrimination against workers infected with HIV/AIDS occurs in practice, the Committee encourages the Government to continue to provide information on the measures taken to prevent and address this form of discrimination, and the results achieved. Please also indicate the outcome of the consultations on the possible revision of the Act and any measures taken as a result. The Committee would also like to receive a copy of the new regulations once they have been adopted.

3. Promotion of the access of women to employment. The Committee notes the numerous measures taken by the Government aimed at promoting the access of women to employment. It notes the income-generating projects undertaken in the context of the National Integrated Programme (PNI) for women in rural areas, the small business training programmes organized by the National Institute for Employment and Professional Training, which include management training for income-generating activities in animal husbandry, as well as the steps taken to raise awareness of the availability of microcredit facilities with a view to increasing and improving self-employment of women. While welcoming these measures, the Committee also notes the report of Mozambique submitted to the Committee on the Elimination of Discrimination against Women (CEDAW) (CEDAW/C/MOZ/1-2, pages 32-37), in which the Government indicates the low participation of girls in education, particularly in secondary and tertiary education and in vocational training, the high rate of repetitions and drop-outs among female students, and the existence of socio-cultural factors which further limit access of girls to education. Recalling the importance of equal access to education and training for achieving equality between men and women in employment and occupation, the Committee requests the Government to increase its efforts to promote and secure equal access of girls and women to education, vocational training and employment and to provide information on the specific results achieved in its next report, including with respect to access of women to non-traditional sectors and decision-making positions.

4. Awareness raising and enforcement. While noting the Government’s indication that section 146 of the General State Statute provides for up to 70 days of maternity leave and that discrimination on the ground of pregnancy is prohibited under Labour Act No. 8/98, the Committee recalls that the legal context is important but not sufficient to eliminate discrimination in practice as certain forms of discrimination stem from behaviour, attitudes or the display of prejudice which can be eliminated only by the adoption of positive measures, awareness‑raising and other promotional measures. The Committee, therefore, again asks the Government to indicate in its next report measures taken or envisaged to raise awareness of employers and workers and their organizations of the rights of non-discrimination and equality in employment and to improve the enforcement of laws and agreements protecting such rights.

5. Labour inspection. In the absence of new information in response to the Committee’s previous request concerning the activities of the National Labour Inspectorate, the Committee again asks the Government to indicate in its next report specific measures taken to improve the knowledge base of the labour inspectorate on matters of discrimination and the recording of complaints and corrective action taken to enhance the application of the Convention.

6. Part IV of the report form. Noting that the Government has not provided information concerning this part of the report form, the Committee once again requests the Government to provide copies of any administrative or judicial decisions relevant to the application of the non-discrimination principle of the Convention.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. Referring to its previous observation, the Committee requests the Government to supply information in its future reports on the practical application and enforcement of Act No. 5/2002 of February 2002 prohibiting discrimination against workers who are infected with HIV/AIDS. It hopes that a report will be supplied for examination by the Committee at its next session and that it will also contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes the measures taken by the Government to promote gender equality, which consist of schooling, initial and refresher training and practical projects aimed at developing women’s capabilities. However, the Committees notes that the statistical information provided by the Government shows that 90.9 per cent of women are employed in the agricultural sector, compared to 68.2 per cent of men and that a low percentage of women are employed as high-level managers/bosses (0.2 per cent) compared to men (0.6 per cent) (1997 Census). The Committee asks the Government to continue to provide information on the concrete measures taken to promote equality between men and women and to ensure that the measures have a positive and visible impact on the position of women in the labour market, including increasing their access to non-traditional sectors and to decision-making positions.

2. The Committee notes from the Government’s report that discrimination against female workers may take place from time to time in practice, in particular in relation to pregnancy and maternal protection. The Committee asks the Government to indicate the programmes undertaken to raise awareness of the employers and workers on the rights of non-discrimination and equality in employment and to improve enforcement of laws and agreements protecting such rights.

3. The Committee notes the Government’s statement that there are no specific data recorded by the National Labour Inspectorate regarding the implementation of the Convention and the relevant labour laws. The Committee recalls that inspection statistics are an essential tool in evaluating the progress achieved in the application of the national policy and laws on the elimination of discrimination. The Committee hopes the Government will be in a position to indicate in its next report specific measures taken to improve the knowledge base of the labour inspectorate on matters of discrimination and the recording of complaints and corrective action taken to enhance application of the Convention.

4. The Committee requests once again the Government to provide copies of any administrative or judicial decisions issued during the reporting period relevant to the application of the non-discrimination principle of the Convention.

CMNT_TITLE

1. The Committee notes the measures taken by the Government to promote gender equality, which consist of schooling, initial and refresher training and practical projects aimed at developing women’s capabilities. However, the Committees notes that the statistical information provided by the Government shows that 90.9 per cent of women are employed in the agricultural sector, compared to 68.2 per cent of men and that a low percentage of women are employed as high-level managers/bosses (0.2 per cent) compared to men (0.6 per cent) (1997 Census). The Committee asks the Government to continue to provide information on the concrete measures taken to promote equality between men and women and to ensure that the measures have a positive and visible impact on the position of women in the labour market, including increasing their access to non-traditional sectors and to decision-making positions.

2. The Committee notes from the Government’s report that discrimination against female workers may take place from time to time in practice, in particular in relation to pregnancy and maternal protection. The Committee asks the Government to indicate the programmes undertaken to raise awareness of the employers and workers on the rights of non-discrimination and equality in employment and to improve enforcement of laws and agreements protecting such rights.

3. The Committee notes the Government’s statement that there are no specific data recorded by the National Labour Inspectorate regarding the implementation of the Convention and the relevant labour laws. The Committee recalls that inspection statistics are an essential tool in evaluating the progress achieved in the application of the national policy and laws on the elimination of discrimination. The Committee hopes the Government will be in a position to indicate in its next report specific measures taken to improve the knowledge base of the labour inspectorate on matters of discrimination and the recording of complaints and corrective action taken to enhance application of the Convention.

4. The Committee requests once again the Government to provide copies of any administrative or judicial decisions issued during the reporting period relevant to the application of the non-discrimination principle of the Convention.

CMNT_TITLE

Noting the enactment of Act No. 5/2002 of 5 February 2002, the Committee notes with interest that section 7 of the Act prohibits discrimination in labour rights, training, career promotion and promotion against workers who are infected with HIV/AIDS. Section 4 of the Act prohibits employers from requiring HIV/AIDS tests of workers or job applicants without their consent. The Committee also notes that these prohibitions are accompanied by sanctions, as provided in sections 12, 13 and 16 of the Act, and asks the Government to supply information in future reports on the application and enforcement of this law in practice.

The Committee is addressing a request directly to the Government on other points.

CMNT_TITLE

1. The Committee notes with interest that section 73(1) of the 1998 Labour Act (Act No. 8/28 of 20 July 1998) establishes that female workers are entitled to the same rights and opportunities as male workers. Section 73(1) contemplates the creation of the requisite conditions to facilitate the integration of women into the labour force. The Committee requests the Government to provide information, in its next report, on the manner in which section 73(1) is applied in practice and to indicate in particular what specific measures have been taken or are envisaged to promote the integration of women into the labour market in Mozambique. The Committee would be grateful if the Government would provide information, including statistical data, on the percentage of women in the labour force and the distribution of men and women in the various sectors of the economy, in both the public and private sectors.

2. The Committee would be grateful if the Government would provide information in its next report regarding the activities of the National Labour Inspectorate in implementing the Convention and the relevant provisions of the 1998 Act, including the number of inspections carried out during the reporting period, the number of employment discrimination violations found, the action taken and the outcome.

3. The Committee requests the Government to provide copies of any administrative or judicial decisions issued during the reporting period relevant to the application of the non-discrimination principle of the Convention.

CMNT_TITLE

1. The Committee notes the enactment of the new Labour Act (Act No. 8/98 of 20 July 1998, the "1998 Act"). It notes with interest that section 15 of the 1998 Act prohibits discrimination in the workplace on the basis of ethnic origin, language, race, sex, civil status, age (within the limits established by national legislation), social status, religious or political beliefs and union membership, and that it establishes sexual harassment in the workplace as a disciplinary offence.

2. With respect to its previous comments, the Committee recalls the Government's earlier statements that economic difficulties experienced in the country have hindered the gathering of information requested by the Committee concerning positive measures to promote equality of opportunity and treatment for women in respect of their access to employment and vocational training. The Committee again expresses its hope that the Government will request the secretariat of the tripartite labour advisory commission established in 1994 to collect information on such measures. Further, the Committee recalls the Government's statement to the ILO multidisciplinary team in August 1997 concerning the need to restructure the existing system for gathering statistical data. The Committee notes that labour statistics are an essential tool in evaluating the progress achieved in the application of the national policy for the elimination of discrimination. In this connection, the Committee once again reminds the Government that the Office remains available to provide technical assistance.

3. The Committee is addressing a request directly to the Government on other points.

CMNT_TITLE

1. The Committee notes the information contained in the Government's reports, in particular its reply to the Committee's previous direct requests concerning the need to repeal certain provisions of Decree No. 14/87 of 20 May 1987 to approve the general conditions of service of public servants, which allowed for discrimination in public service employment on the basis of political opinion. It notes with satisfaction from the Government's most recent reports that the provisions in question (sections 41(2)(b), 74 and 79) of that Decree No. 14/87 were amended by Decree No. 47/95 of 17 October 1995, eliminating any requirements based on political opinion or "revolutionary participation" as a condition for employment. It also notes that Annex I, No. 11, of Decree No. 14/87 has been amended so as to suppress the references to "the Socialist Motherland" from the text as well as the requirement of "the revolutionary commitment" from the text of section 74.

2. The Committee also notes with interest, in relation to its previous direct requests which had observed that not all the grounds of discrimination laid down in Article 1, paragraph 1(a), of the Convention are expressly mentioned in article 66 of the 1990 Constitution (which does not expressly mention political opinion), the Government's clarification that section 3(1) of the 1985 General Labour Act contains the specific legislative prohibition on discrimination in employment based, among other things, on political opinion. Furthermore, the Government's reports point out that, in the state administration, criteria of political or revolutionary nature are no longer applicable for admission to posts or for promotion to managerial positions.

3. In a previous direct request, the Committee noted the Government's references to the economic difficulties which the country was undergoing and which hindered the collection of the information requested concerning, in particular, positive measures to promote equality of women in access to training and employment. The Committee suggested, in view of the establishment under Decree No. 7 of 9 March 1994 of a tripartite labour advisory commission, that the secretariat of the commission should be approached with a view to collecting this information. In this connection the Committee takes note of the information provided by the Government to the relevant ILO Multidisciplinary Team in August 1997, to the effect that the statistical gathering system in the country is in need of a thorough restructuring in order to be able to adjust to the realities of a market economy. The Committee recalls that labour statistics are an invaluable tool to monitor effectively the national policy in place to eliminate discrimination and improve employment equality in the labour market of any given society. It reminds the Government that the Office remains at its disposal, if requested, to provide technical assistance in the field of labour statistics or labour administration to help in compliance with the provisions of the Convention.

CMNT_TITLE

The Committee notes the very brief and general information contained in the Government's reports.

1. The Committee notes that the Government repeats that no discrimination on the basis of sex, race or any of the other grounds laid down in Article 1, paragraph 1(a), of the Convention exist in practice or in law since it is prohibited by the law. It adds that any discriminatory provisions or practice would be illegal and incompatible with the pertinent provisions of the 1990 Constitution. The Committee recalls, however, that all the grounds for discrimination are not prohibited by the Constitution, section 66 of which does not expressly mention political opinion. Referring to the Government's previous statement that it will take into account the 1988 General Survey on equality in employment and occupation, paragraphs 54 et seq., and that it will reply in its future reports to the question of supplementing the provisions of the Constitution so that political opinion is explicitly mentioned among the grounds of discrimination, the Committee reiterates the hope that measures will be taken to that end and that the next report will contain full information on the subject.

2. Furthermore, the Committee notes that the report contains no specific reply to its previous comments concerning the repeal of discriminatory provisions on the basis of political opinion contained in Decree No. 14/87 of 20 May 1987 to approve the general conditions of service of public servants. In this regard, the Committee notes that the report indicates that in the framework of the previous Constitution (1975), in order to enter public service and managerial functions in the state administration, certain requirements of a political and revolutionary nature had to be complied with and that this situation arose from the single-party system which, meanwhile, has been replaced by the multi-party system introduced by the 1990 Constitution. The Committee recalls the Government's earlier statement that the recognition of a multi-party system by sections 30 et seq. of the new Constitution (1990) establishes the requisite conditions so that commitment to the revolutionary process has less and less relevance for access to higher posts, both in the public service and in other sectors of activity. The Committee repeats its often expressed hope that sections 41(2)(b), 74 and 79 and Annex I, No. 11, of Decree No. 14/87 to approve the general conditions of service of public servants will be amended so as to restrict requirements involving political or revolutionary commitment to higher posts which directly involve implementing government policy.

3. Referring to its previous comments which have received no reply, the Committee once again requests the Government to provide information with its next report on the measures which have been taken or are envisaged to amend section 2 of the Order of the Secretary of State for Labour of 21 May 1982 so as to remove any mention of conditions of a political nature for access to managerial posts in enterprises outside the public service, in conformity with section 3(1) of the General Act on Labour of 14 December 1985 and Article 3(c) of the Convention.

4. The Committee notes from the report that the economic difficulties which the country is undergoing at present do not permit collection of the information requested concerning, in particular, positive measures to promote equality of women in access to training and employment. Noting the Government's previous undertaking to supply in future reports statistical data and other information on the development of the situation of women with regard to access to education, vocational guidance and training, and employment in the various sectors of activity and to managerial posts, the Committee reiterates the hope that provisions will finally be taken to assemble, with the cooperation of organizations of employers and workers and any appropriate body, and to send this information with the next report. In view of the establishment under Decree No. 7 of 9 March 1994 of a tripartite labour advisory commission, the Committee suggests that the secretariat of the commission should be approached with a view to collecting this information.

CMNT_TITLE

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes that the Government will take into account the 1988 General Survey on Equality in Employment and Occupation, paragraphs 54 et seq. and that it will reply in its future reports to the question of completing the provisions of the Constitution so that political opinion is explicitly mentioned among the grounds of discrimination. It once again requests the Government to supply information in its next report on the measures taken to complete the relevant provisions of the Constitution with a view to bringing the legislation into conformity with Article 1, paragraph 1(a), of the Convention.

2. The Committee notes the Government's statement that, by virtue of section 203 of the Constitution, which came into force on 30 November 1990, any previous legislation which is not contrary to the Constitution remains in force until it is amended or repealed. This means that sections 41(2)(b), 74 and 79 and Annex I, No. 11, of Decree No. 14/87 of 20 May 1987 to approve the general conditions of service of public servants (which sets out requirements of a political and revolutionary nature as a condition of access to and continuation in certain categories of the public service and managerial functions in the state administration) are not applicable since they are contrary to the spirit and the letter of the new Constitution.

The Committee therefore once again requests the Government to indicate in its next report the measures which have been taken to repeal, in conformity with Article 3(c) of the Convention, the above provisions of the general conditions of service of public servants and to restrict requirements concerning political or revolutionary commitment to higher posts in the public administration which directly involve implementing government policy. It also requests the Government to indicate the measures which have been taken to amend section 2 of the Order of the Secretary of State for Labour of 21 May 1982 so as to remove any mention of conditions of a political nature for access to managerial posts in enterprises outside the public service.

3. The Committee notes that the Government undertakes to supply in future reports statistical data and other information on the development of the situation of women with regard to access to education, vocational guidance and training, and employment in the various sectors of activity and to managerial posts, and in particular statistics on the employment of women in the public service. With reference to its previous comments, the Committee once again requests the Government to supply full information on the positive practical measures which have been taken to improve the situation of women in the above fields.

CMNT_TITLE

With reference to its previous direct requests, the Committee notes the information supplied by the Government in its report.

1. The Committee notes that the Government will take into account the 1988 General Survey on Equality in Employment and Occupation, paragraphs 54 et seq. and that it will reply in its future reports to the question of completing the provisions of the Constitution so that political opinion is explicitly mentioned among the grounds of discrimination. It once again requests the Government to supply information in its next report on the measures taken to complete the relevant provisions of the Constitution with a view to bringing the legislation into conformity with Article 1, paragraph 1(a), of the Convention.

2. The Committee notes the Government's statement that, by virtue of section 203 of the Constitution, which came into force on 30 November 1990, any previous legislation which is not contrary to the Constitution remains in force until it is amended or repealed. This means that sections 41(2)(b), 74 and 79 and Annex I, No. 11, of Decree No. 14/87 of 20 May 1987 to approve the general conditions of service of public servants (which sets out requirements of a political and revolutionary nature as a condition of access to and continuation in certain categories of the public service and managerial functions in the state administration) are not applicable since they are contrary to the spirit and the letter of the new Constitution.

The Committee therefore once again requests the Government to indicate in its next report the measures which have been taken to repeal, in conformity with Article 3(c) of the Convention, the above provisions of the general conditions of service of public servants and to restrict requirements concerning political or revolutionary commitment to higher posts in the public administration which directly involve implementing government policy. It also requests the Government to indicate the measures which have been taken to amend section 2 of the Order of the Secretary of State for Labour of 21 May 1982 so as to remove any mention of conditions of a political nature for access to managerial posts in enterprises outside the public service.

3. The Committee notes that the Government undertakes to supply in future reports statistical data and other information on the development of the situation of women with regard to access to education, vocational guidance and training, and employment in the various sectors of activity and to managerial posts, and in particular statistics on the employment of women in the public service. With reference to its previous comments, the Committee once again requests the Government to supply full information on the positive practical measures which have been taken to improve the situation of women in the above fields.

CMNT_TITLE

The Committee notes the information supplied by the Government in its last report.

1. The Committee notes with interest that section 31 of the new Constitution which came into force on 30 November 1990 provides for political pluralism, that section 67 establishes equality between men and women in all areas of political, economic, social and cultural life, and that section 74 provides for the freedom of expression. It notes, however, that the prohibition on discrimination in section 66 does not include discrimination on grounds of political opinion. The Committee wishes to refer to paragraphs 57 et seq. of its General Survey of 1988 on Equality in Employment and Occupation, where it is stipulated that when provisions are adopted to give effect to the principles of the Convention, they must include all the grounds of discrimination listed in Article 1, paragraph 1(a), of the Convention. The Committee hopes that measures will be taken to complete the relevant provisions of the Constitution so that political opinion is explicitly mentioned among the grounds of discrimination.

2. In its direct request of 1990, the Committee pointed out that the requirements and criteria of a political nature for admission to the public service, the assessment of performance and progress in the service and the appointment of directors outside the public service went beyond those allowed by the Convention, and asked that they be restricted in order to comply with Article 1 of the Convention.

The Committee notes the Government's statement that, with the recognition of political pluralism in the Constitution (sections 30 to 37) commitment to the revolutionary process will become increasingly less relevant to access to higher posts both in the public service and in other sectors. The Committee therefore hopes that sections 41, subsection 2(b), 74 and 79 and Annex I, No. 11, of Decree No. 14/87 of 20 May 1987 to approve the general conditions of service of public servants will be amended to restrict requirements concerning political or revolutionary commitment to higher posts which directly involve implementing government policy.

It also hopes that section 2 of the Order of the Secretary of State for Labour of 21 May 1982 will be amended so as to remove any mention of conditions of a political nature for access to managerial posts in enterprises outside the public service. It requests the Government to indicate the measures taken in this respect in its next report.

3. The Committee notes that, in reply to the comments in its previous direct request concerning the measures taken to pursue an active policy to promote the equality of women and men in employment, the Government refers to sections 67 and 69 of the Constitution and section 42 of Act No. 8/85 of 14 December 1985 which, according to the Government, guarantee the application of Article 2 of the Convention.

The Committee points out that, under Article 3 of the Convention, a State which has ratified the Convention undertakes not only to bring its legislation into conformity with the Convention but also to promote such educational programmes as may be calculated to secure the acceptance and observance of the policy to promote equality and to pursue the policy in respect of employment under the direct control of a national authority and of activities of vocational guidance, vocational training and placement.

The Committee would therefore be grateful if the Government, in its next report, would describe the positive practical measures that have been taken to encourage access of women to education and vocational guidance and training, and their employment in the various sectors at different levels of responsibility. It requests the Government to provide statistical information reflecting recent trends in this area, particularly statistics on the employment of women in the public service.

CMNT_TITLE

The Committee notes the information supplied by the Government in its report, in reply to its previous direct request.

1. The Committee notes Decree No. 14/87 of 20 May 1987 to approve the general conditions of service of public servants. It notes that under section 41(2)(b) of these conditions of service, in order to enter the public service, account is taken, inter alia, "of the personality of the citizen, and his or her devotion to and activities for the patriotic cause and for socialism". By virtue of section 74, all public servants are assessed annually on their merit, based on values including their "commitment to the revolutionary process" and under section 79, if the person is given a zero mark for any aspect this may result in the suspension of the employee and a disciplinary inquiry. The Committee also notes that in order to have access to the positions of directors and chiefs in the service of the State, Annex I, No. 11, of the conditions of service provides that the person's "identification with the higher objectives of the State and the socialist fatherland" must be taken into consideration.

The Committee refers to paragraph 126 of its 1988 General Survey on Equality in Employment and Occupation, in which it points out that "although it may be admissible, in the case of certain higher posts which are directly concerned with implementing government policy, for the responsible authorities generally to bear in mind the political opinions of those concerned, the same is not true when conditions of a political nature are laid down for all kinds of public employment in general or for certain other professions: for example, when there is a provision that those concerned must remain loyal to the political principles of the regime in power". It hopes that the Government will be able to indicate in its next report the measures that have been taken or are envisaged to restrict to higher posts which are directly concerned with implementing government policy requirements relating to political or revolutionary commitment, in order to give full effect to Article 1(a) of the Convention.

2. The Committee notes the statement that the concepts prevailing in the public service are generally applied to directors who do not belong to the public service. It once again requests the Government to indicate whether, in view of the adoption of the General Labour Act and of Decree No. 5/87 of 30 January 1987 approving the Regulations respecting the wages system, the Order of the Secretary of State for Labour, dated 21 May 1982, is still in force or whether it has been replaced by a new text.

3. The Committee thanks the Government for the statistics that it has supplied concerning the training and employment of women, in reply to its previous direct request. It notes that, while women represent 31.53 per cent of the persons registered by the employment services, they account for only 18.43 per cent of the persons placed in employment by these services. It also notes that women account for a low proportion of the number of persons who have continued in secondary and higher education. The Committee hopes that the next report will indicate the measures that have been taken or are envisaged, in accordance with Article 2 of the Convention, to pursue an active policy to promote the equality of women in employment, by encouraging the access of women to education, vocational guidance and vocational training and promoting their employment in the various sectors at different levels of responsibility. Please indicate in particular the measures that have been taken or are envisaged in this respect as regards employment under the direct control of a national authority, in accordance with Article 3(d) of the Convention.

© Copyright and permissions 1996-2024 International Labour Organization (ILO) | Privacy policy | Disclaimer