CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

Sexual harassment. The Committee notes the Government’s statement that no information is available with respect to any court decisions applying section 503-1 of the Penal Code or section 40 of the Labour Code. The Committee also notes the Government’s statement that section 39 of the Labour Code concerning dismissal of an employee because of serious misconduct could include dismissal due to harassment. The Government further indicates that in the context of its collaboration with non-governmental organizations to combat sexual harassment, a draft law on combating violence against women is under preparation. The Committee, considering that the existing legislation may not provide full and adequate protection against all forms of sexual harassment in the workplace, hopes that the draft law on combating violence against women will take into account all the elements set out in its 2002 general observation on this issue (attached for ease of reference), and asks the Government to provide a copy of the law once adopted.

Domestic workers. The Committee recalls that the Labour Code excludes domestic workers from its application. The Committee notes that consultations are being held with relevant departments with a view to integrating their comments in the draft law concerning domestic workers. Please indicate the progress made in the adoption of the law on domestic workers, which the Committee hopes will take due account of the principle of equality of opportunity and treatment enshrined in the Convention.

Access to education and training. The Committee recalls its previous comments concerning the very high illiteracy rate among women (54.7 per cent in 2004), which has a general impact on their employment opportunities. The Committee notes the statistics provided by the Government on the participation of women and girls in vocational training courses which indicate a high number of women enrolled in the areas of health (84 per cent), textile (64 per cent), handicraft (65 per cent) and administrative management (57 per cent). However, women appear to be under-represented in courses such as, maritime fishing (3 per cent), metallurgy, mechanics, electricity, and electronics (IMME) (4 per cent), construction and public works (10 per cent) and agriculture and forestry (21 per cent). The Government further indicates that the number of female vocational training interns has been increasing over the past six years and that four emergency plans on vocational training have been launched covering the training of 60,000 young persons in agriculture and 60,000 young persons in handicraft. The Committee asks the Government to provide information on the percentage of women enrolled under these emergency plans and to indicate the measures taken to ensure that women do not systematically enrol in training courses leading to so-called “feminine jobs”. Recalling its observation, please also indicate the measures taken under the National Strategy 2006 and Strategic Plan 2008–12 to ensure that counselling on enrolment for courses is not based on stereotypes regarding the aspirations and capabilities of women with respect to certain jobs.

Practical application and statistics. Please continue to provide information on the activities by the Centre for Information, Documentation and Studies on Women to promote gender equality at work and to collect and analyse statistics relevant to examining the progress made in the application of the Convention.

CMNT_TITLE

Equality of opportunity and treatment between men and women. The Committee recalls its previous observation in which it had requested, in light of the persisting concerns relating to the employment situation of women, information on the implementation of the measures under the National Strategy for Equity and Equality between the Sexes through Gender Mainstreaming of Development Policies and Programmes to promote women’s access to vocational training, employment and occupation and to combat gender stereotypes. The Committee had also requested information on any measures taken to ensure the effective enforcement of legislative provisions concerning non-discrimination and equality in employment and occupation, particularly section 9 of the Labour Code, and to supply any administrative or judicial decisions concerning these provisions.

The Committee notes that the Government has taken further measures to promote equality between men and women, including the adoption of a new Strategic Plan 2008–12 aimed at promoting the rights of women, the gender dimension and equal opportunities, which include approaches and measures similar to the 2006 National Strategy (i.e. integrating a gender dimension in policies, programmes and development projects; promoting women’s access to posts of responsibility and decision-making; women’s representation in elected bodies; promoting women’s entrepreneurship; combating violence against women and girls; and combating gender stereotypes). The Committee further notes that in the context of the abovementioned National Strategy, the Minister of Labour is currently pursuing measures based on equality at work and the promotion of gender in the production units under its control with a view to improving the working conditions of women and combating all forms of discrimination. The Committee welcomes the commitment and efforts by the Government in developing appropriate strategies to promote equality between men and women. However, the Committee has yet to observe whether the National Strategy adopted in 2006 has generated any progress in removing obstacles, including sexist stereotypes and prejudices, to the implementation of gender equality and reducing inequalities that exist in practice between men and women in employment and occupation. The Committee, therefore, hopes that the Government’s next report will be able to demonstrate that the measures envisaged under the National Strategy of 2006 and the Strategic Plan 2008–12 are having an impact on improving women’s access to the labour market and improving protection from discrimination of women, particularly in the informal economy. The Committee particularly requests the Government to provide information on the impact of measures to improve the working conditions of women in production units under its control. The Committee also recalls the need for measures to ensure the effective enforcement of legislative provisions concerning non-discrimination and equality in employment and occupation, and asks the Government to provide full information in this regard. Finally, the Committee encourages the Government to establish mechanisms to enable it to assess in what areas progress has been made and in which areas more concerted efforts are needed.

Public administration. The Committee recalls its previous comments in which it noted that women in the public administration are concentrated in areas such as health, youth or education, and in jobs at the lower end of the hierarchy. In 2004, 35.2 per cent of the civil servants were women. The Committee notes the statistics provided by the Government on women’s participation in various sectors of employment and economic activities, but these do not provide an indication on the progress made in achieving a balanced representation of women and men in the various occupations nor in posts of responsibility in the public administration. The Committee requests the Government to indicate how it is monitoring the progress made in improving women’s access to a wide range of occupations in the public administration and to posts of responsibility. Please continue to provide relevant statistics, disaggregated by sex, in this regard.

Textile and clothing sector. The Committee recalls its previous comments concerning the situation of women employed in the textile and clothing sector who are particularly affected by job precariousness, wage discrimination, reduced access to on-the-job training, long working hours and poor working conditions. The Committee also recalls that, under the Decent Work Project, a pilot project is being implemented to improve the competitiveness of the textile and clothing industry through decent work, and to promote gender equality in this sector. The Committee notes the detailed information provided by the Government on the objectives and activities of the project. Noting, however, that the information does not indicate the steps taken to implement the action plan to promote effective gender equality in the clothing and textile sector, nor the results achieved, the Committee asks the Government to provide this information in its next report. Please also indicate how the cooperation of workers’ and employers’ organizations is being sought to implement the measures envisaged.

Equality of opportunity and treatment with respect to ethnic origin. In its previous observation, the Committee continued its dialogue on the measures taken to ensure that members of ethnic minority groups, such as Berber (Amazigh), do not suffer, in practice, from discrimination and enjoy equality of opportunity and treatment in employment and work. The Committee notes that the Government indicates that Moroccans of Amazigh origin do not constitute a separate ethnic minority and, together with the Rifains, Arabs, Sub-Sahara Africans and Andalus (Andalous), represent the multicultural diversity of the Moroccan population. The Committee notes from the report of the 2003 Working Group of Experts on Indigenous Populations/Communities of the African Commission of Peoples’ and Human Rights, that the Berber population is estimated at around 12 million people (45 per cent of the population) and has a distinct identity, culture and language (Tamazight). The Committee notes that the Royal Institute of Amazigh Culture (IRCAM) has the mandate to promote the use of Tamazight in education and in social and cultural life and the media. The Committee recalls that under the Convention the implementation of a national policy on equality requires the Government to take proactive measures to ensure that direct and indirect discrimination in employment and occupation do not exist in practice on the basis of national extraction. In order to be assured that the Convention is being effectively applied in law and in practice to all groups of the population, the Committee therefore asks the Government to study the employment situation of the Berber population and to report on the progress made in this regard.

The Committee is raising other points in a request addressed directly to the Government.

CMNT_TITLE

1. Sexual harassment. The Committee notes the indication in the Government’s report that the State Secretariat for Family Affairs, Childhood and Persons with Disabilities is organizing information meetings on sexual harassment for various target groups. The Committee requests the Government to provide further information on these and other awareness-raising activities concerning sexual harassment. In the absence of any information in reply to previous comments, the Committee reiterates its requests to the Government to:

(a)   indicate in its next report any court decisions that have applied section 503‑1 of the Penal Code or section 40 of the Labour Code;

(b)   indicate the legal provisions that apply when the perpetrator of sexual harassment is not the employer or the head of the enterprise or establishment – a situation that would be covered by section 40 of the Labour Code – but rather an employee;

(c)   provide information on any steps taken to seek the cooperation of workers’ and employers’ organizations with a view to strengthening existing legal provisions on sexual harassment and to developing practical measures to prevent and eliminate such unacceptable behaviour.

2. The Committee notes the Government’s statement that the Centre for Information, Documentation and Studies on Women is currently establishing a database bringing together relevant literature, statistical information, and legislation. The Committee hopes that this tool will also include data concerning women’s situation in respect of employment and occupation, as the analysis of such data is an essential basis for defining policies to promote gender equality at work and assessing their impact. The Committee requests the Government to provide further information on the Centre’s activities to promote gender equality at work, including on the progress made in collecting and analysing statistical information. It also requests the Government to continue to provide comparable statistical data on the labour force participation of men and women.

3. The Committee notes from the Government’s report concerning the Equal Remuneration Convention, 1951 (No. 100) that a national seminar was held in July 2006 to assist in the drafting of legislation covering domestic workers, as envisaged under section 4 of the Labour Code. Recalling that domestic workers, who are predominantly women, are particularly vulnerable to discrimination, the Committee hopes that the future legislation will provide for the principle of equality and provide protection from discrimination on the grounds of sex and other grounds, in accordance with Convention No. 111. It requests the Government to continue to provide information on the progress made in enacting the legislation on domestic workers.

4. The Committee notes the information provided by the Government concerning the progress made in addressing illiteracy among women and girls indicating that while the female illiteracy rate is decreasing, it still remains very high. Between 1998 and 2004, the female illiteracy rate decreased from 61.9 per cent to 54.7 per cent. The Committee requests the Government to continue to provide information on the progress made in achieving equal access of men and women to education at all levels, including university education and vocational training. Please also provide information on the participation of men and women in the various areas of study and training.

CMNT_TITLE

Equality of opportunity and treatment of men and women

1. In its previous observation, the Committee welcomed legislative amendments concerning non-discrimination and equality, including section 9 of the Labour Code, while emphasizing that practical measures are also needed in order to remove any obstacles to the implementation of equality and reduce inequalities that exist in practice between men and women in employment and occupation. The Committee notes that, in 2006, the Government adopted a National Strategy for Equity and Equality between the Sexes through Gender Mainstreaming of Development Policies and Programmes. According to the National Strategy, the employment situation of women remains a concern. Women’s economic activity rate decreased from 28 per cent in 2004 to 25 per cent in 2005, while that of men decreased from 77 per cent to 76.5 per cent. Women are disproportionably affected by unemployment and a majority of them work in the informal economy, thus lacking protection from discrimination and exploitation. The Committee notes that equal access of men and women to the labour market is an explicit objective of the National Strategy and that it sets out specific approaches and measures, including the following: integration of a gender perspective in the elaboration of employment policies and programmes and implementing decrees under the Labour Code; enforcement of non-discrimination provisions; encouragement of enterprises to mainstream a gender perspective in their activities; and increased support to women entrepreneurs. The National Strategy also emphasizes the need to combat sexist stereotypes and prejudices in order to bring about changes in mentalities and behaviour. The Committee welcomes the identification of these key issues, which must be addressed in order to move forward in the realization of gender equality at work.

2. The Committee requests the Government to provide information on the implementation of the measures envisaged under the National Strategy to promote women’s equal access to vocational training, employment and occupation (pages 18-19) and to combat gender stereotypes (pages 21-22). Please indicate how the implementation of the National Strategy is monitored and assessed. In addition, the Committee requests the Government to provide information on any measures taken to ensure the effective enforcement of legislative provisions concerning non-discrimination and equality in employment and occupation, particularly section 9 of the Labour Code, and to supply any administrative or judicial decisions concerning these provisions.

3. Public administration. The Committee notes that according to the National Strategy, women’s participation in employment in the public administration is increasing, but continues to be concentrated in areas such as health, youth or education, and in jobs at the lower end of the hierarchy. The statistics for 2004 provided by the Government indicate that 35.2 per cent of civil servants were women, compared with 34.3 per cent in 2002. According to the national report “Beijing + 10”, a circular letter issued by the Prime Minister in January 2001 dealt with the access of women to positions of responsibility in the civil service. The Committee requests the Government to continue to provide statistical information to allow the Committee to assess the progress made over time in achieving a balanced representation of men and women in the different job categories, and in management and decision-making positions in the public administration. In this regard, please also provide further information on the Prime Minister’s circular of 2001 regarding women’s employment in posts of responsibility and indicate whether any mechanism exists to ensure the systematic monitoring of the progress made in promoting women to such posts.

4. Textile and clothing sector. Recalling its previous comments under Convention No. 111 and the Equal Remuneration Convention, 1951 (No. 100), concerning discrimination against women in the textile and clothing sector, the Committee notes from the Government’s report that in the framework of the decent work pilot programme carried out with ILO assistance, an action plan has been elaborated to promote effective gender equality in this sector. The action plan, inter alia, recommends measures to address the lack of knowledge of legal provisions on non-discrimination and equality and to strengthen the social performance of enterprises. The Committee recalls that, as noted in the reports of the pilot programme, women make up a large majority of workers in the textile and clothing sector, and they are particularly affected by job precariousness, wage discrimination, reduced access to on-the-job-training, long working hours and poor working conditions. The Committee, therefore, trusts that the necessary steps to ensure the full implementation of the action plan will be taken, and requests the Government to provide information on the specific measures taken and the results achieved. Please also indicate the steps taken to seek the cooperation and collaboration of the social partners to implement the action plan.

Equality of opportunity and treatment irrespective of ethnic origin

5. In its previous comments the Committee requested the Government to provide information on the manner in which equality of opportunity and treatment for members of minority groups is ensured in practice. The Government’s report merely states that the principle of equality of opportunity and treatment is applied with respect to the entire population. The Committee reminds the Government that its concerns relate to the enjoyment of equal opportunities and equal treatment in practice. It, therefore, reiterates its request to the Government to indicate whether any measures have been taken or are envisaged to ensure that, in practice, Berber (Amazigh) members of the population suffer no discrimination and enjoy equality of opportunity in employment and work. In this regard, please indicate whether any studies or reports exist on the employment situation of this group and whether any special measures are being taken to meet their particular requirements as envisaged under Article 5(2) of the Convention.

The Committee is raising other and related matters in a request addressed directly to the Government.

 

CMNT_TITLE

Sexual harassment

1. The Committee notes that section 503-1 of the Penal Code establishes a penalty of from one to two years’ imprisonment and from 5,000 to 500,000 dirhams for abuse of the authority conferred by functions and the use of threat and constraint for the purpose of obtaining sexual favours. It requests the Government to indicate in its next report any court decisions that have applied this provision.

2. The Committee notes that section 40 of the Labour Code states that sexual harassment constitutes serious misconduct on the part of the employer or the head of the enterprise or establishment. The Committee requests the Government to indicate the provisions that apply where the perpetrator of the sexual harassment is not the employer or the head of the enterprise or establishment, but an employee.

3. The Committee notes that under section 40 of the Labour Code, resignation by an employee on grounds of sexual harassment is treated as wrongful dismissal if the employer is proved guilty of the sexual harassment. The Committee notes that, according to the report, the procedure for cases of sexual harassment is the same as that for cases of wrongful dismissal. It requests the Government in future reports to provide information on any court decisions applying section 40 of the Labour Code.

4. The Committee notes that, according to the Government, the taboo on sexual harassment has now been lifted and cooperation with the social partners on this issue is running smoothly. The Committee requests the Government to indicate in its next report whether any regulations or practical measures to supplement section 503-1 of the Penal Code and section 40 of the Labour Code have been adopted or are envisaged, including in cooperation with the social partners, with a view to: reaching a more specific definition of sexual harassment (the Committee refers the Government to its general observation of 2002); establishing specific procedures for sexual harassment; and informing and raising awareness among employers, employees and the public, particularly women, about sexual harassment.

Grounds of discrimination other than sex

5. The Committee notes that the Government’s last report does not contain the information requested by the Committee in its previous direct request, on the manner in which equality of opportunity and treatment for members of minority groups is ensured in practice. Noting that according to Morocco’s fifth periodic report on the application of the International Covenant on Civil and Political Rights (CCPR/C/MAR/2004/5), measures have been taken to promote and ensure respect for the Berber or Amazigh culture, the Committee requests the Government to indicate in its next report whether measures have been taken or are envisaged to ensure that in practice the Berber members of the population suffer no discrimination and enjoy equality of opportunity and treatment in employment and work.

CMNT_TITLE

1. In its observation of 2003, the Committee noted a communication from the International Confederation of Free Trade Unions (ICFTU) alleging the existence of legal provisions restricting women’s employment directly and indirectly, inequalities between men and women in access to high-level posts in the public service, and serious breaches of the Labour Code in the textile exporting industry, where the great majority of employees are very young and illiterate women. In reply the Government stated that there were no discriminatory provisions in the national legislation, that all discrimination was expressly prohibited in the new Labour Code and that progress had recently been made in women’s access to posts of responsibility. So that it could make a fuller assessment regarding the ICFTU’s allegations, the Committee requested more detailed information on the distribution of men and women at the various levels of the public administration, working conditions in the textile exporting industry, restrictions imposed in law or in practice on women’s employment, and any difference in the treatment afforded to men and to women by the Family Code that might operate to women’s disadvantage in the labour market. It furthermore requested the Government to provide the text of the new Labour Code.

Legal reforms

2. The Committee notes with interest the adoption, on 16 January 2004, of the new Family Code, which ensures equal rights and responsibilities for men and women within the family and abolishes a number of restrictions in the old Moudawa (personal status code) that placed women at a disadvantage. According to the Government’s latest report, the Family Code marks a turning point in the history of Morocco, and was initiated by feminist circles and is well suited to Morocco’s political, legal, economic and social circumstances. In the Committee’s view, the new Family Code is an important step in the pursuit of equality between men and women in society, and creates a new environment which should be conducive to more rapid progress towards equal opportunity and treatment for men and women in employment.

3. The Committee notes with interest that section 9 of the new Labour Code Act No. 65-99 prohibits, as the Convention requires, all discrimination based on race, colour, sex, disability, marital status, religion, political opinion, trade union affiliation, national extraction or social origin, which results in a breach or distortion of the principle of equal opportunity and treatment in employment or occupation, including in hiring, the conduct and distribution of work, vocational training, wages, promotion, grant of social benefits, disciplinary measures and dismissal. Section 9 also lays down for women the right to conclude a work contract and the right, whether or not they are married, to join an occupational organization and to participate in its administration and management. The Committee further notes that section 40 of the Code treats sexual harassment as serious misconduct on the part of an employer or head of an enterprise.

4. The Committee further observes that the Penal Code, as amended in 2003, now contains several new provisions that impose penalties on all forms of discrimination and secure better protection for women, in particular against sexual harassment, and notes that the reform of the Commercial Code and the Dahir on obligations and contracts give women the right to hire out their services and to trade without their husbands’ consent.

Policies and practices

5. The Committee welcomes the major efforts the Government has made in recent years to create a legal framework for the elimination of discrimination against women and the promotion of equal opportunities and treatment, including in employment. It recalls, however, that legal texts alone are not sufficient to ensure that the Convention is fully applied. A whole set of practical measures is needed as well in order to remove any obstacles to the implementation of equality and reduce inequalities that exist in practice between men and women in employment and work.

6. In this connection, the Committee notes that the fifth periodic report of Morocco on the application of the International Covenant on Civil and Political Rights (CCPR/C/MAR/2004/5) acknowledges that although there is wide-ranging legislation, disparities persist, including in employment, that are attributable to economic and geographical considerations and deep-seated traditions and customs within certain social milieux. The Committee requests the Government to indicate in its next report the measures that have been taken or are envisaged to encourage the necessary shift in the mentalities and conduct of men and women alike, and to promote understanding and acceptance of the principle of equality between men and women, in particular in work and employment.

7. A major obstacle to equality in practice is the rate of illiteracy among women which significantly limits their ability to assert the rights conferred on them by law. According to the abovementioned report on the application of the International Covenant on Civil and Political Rights, despite the Government’s efforts Moroccan society continues to be plagued by illiteracy, and illiterate women, who are predominantly from rural areas, account for 61.9 per cent of illiteracy nationwide. The Committee calls on the Government to persist with its measures to eradicate female illiteracy and to encourage girls and women to acquire education and training that will afford them access to employment on a par with men. It hopes that the Government’s next report will contain information on results obtained in this area.

8. The Committee notes that the last report does not contain the information it requested on the situation of women in the textile exporting industry. It notes, however, from the Government’s report on the application of the Equal Remuneration Convention, 1951 (No. 100) that an ILO pilot programme to promote decent work in which the Ministry of Employment and of Social Partners is associated is currently under way in the textile and clothing sector. The executive summary of the programme reports a "decent work deficit", affecting women more particularly: their jobs are more precarious and their wages lower, and they are treated differently in terms of recognition of length of service. The action plan of the pilot programme includes the formulation of a sectoral action plan for the elimination of all forms of discrimination between women and men. The Committee requests the Government to provide information in its next report on any progress made through implementation of the pilot programme. Please also indicate supervisory measures and penalties applied to secure compliance with the laws and regulations on non-discrimination and women’s conditions of employment in enterprises in this sector.

9. The Committee notes that the report reproduces information already sent in the previous report concerning the appointment of a number of women to some of the highest ranking posts in the Administration. The Government also provided statistical tables on the numbers of the Administration staff disaggregated by sex, but no information or comments allowing the Committee to assess the extent of any progress. The Committee requests the Government to indicate in its next report whether it intends to implement a policy systematically to promote women to posts of responsibility in the public service and in jobs under Government control, possibly including performance targets and a monitoring mechanism.

10. The Committee notes that in October 2004 a Centre for information, documentation and studies on women was opened and that its purpose is to collect and process demographical and statistical data on the status of women, conduct surveys and studies on women and carry out training and continuous training programmes. The Committee hopes that the Centre will also be used for gathering and analysing statistical data on women’s employment, since such information is essential as a basis for defining policies to promote equality of opportunity and treatment such as the one mentioned above. It hopes that in its next report the Government will provide information on the Centre’s work on employment issues.

The Committee is raising other points in a request addressed directly to the Government.

CMNT_TITLE

1. With reference to its previous comments, the Committee notes that the Government was unable to send with its last report statistical information on employment and training for women. The Committee again lays the emphasis on the importance of obtaining reliable statistics of the number of men and women in a given occupation in both the private sector and the public sector. It recalls in this connection that where inequality of opportunity and treatment in employment and occupation is overlooked because it is inadequately recorded in statistics, there are negative repercussions for the effective application of the Convention.

2. The Committee notes the concluding observations of 1 December 2000 by the Committee on Economic, Social and Cultural Rights (E/C.12/1/Add.55) concerning the high rate of illiteracy in Morocco, particularly among women in rural areas. It also notes that, according to the abovementioned Committee, less than 50 per cent of children of both sexes are being regularly educated, and the access of young girls to education is considerably more limited, particularly in the rural areas, which accounts for the fact that the adult illiteracy rate is 65 per cent for women, as against 40 per cent for men. The Committee asks the Government to send information on the effective measures taken to promote the access of girls to primary and secondary education establishments and to set up programmes to reduce the female illiteracy rate.

3. The Committee asks the Government to provide information on any measures or programmes to facilitate acquisition of skills and vocational training for women, and on the manner in which such training has enhanced equality between men and women in respect of access to employment.

4. With reference to its previous comments, the Committee again asks the Government to provide information in its next report on tangible progress made in implementing the ministerial programmes to enhance the status of women in terms of their access to and participation in employment in all areas and in decision-making.

5. The Committee asks the Government to provide information on how effect is given in practice to the principle of equality of opportunity and equal treatment in employment and occupation in respect of members of minority groups in order to eliminate all discrimination based on race, sex, national extraction or religion.

CMNT_TITLE

1. The Committee notes the communication submitted by the International Confederation of Free Trade Unions (ICFTU) on 4 June 2003 concerning the application of both Conventions Nos. 100 and 111, as well as the Government’s reply thereon received on 9 September 2003. In addition to the communication detailed under Convention No. 100 and with regard to Convention No. 111, the ICFTU alleges that while, as a matter of law, there is no sex discrimination, in practice women are concentrated in certain jobs in the public service and only a few women occupy posts of responsibility. The ICFTU further maintains that inequalities between men and women exist in hiring and that legal restrictions are imposed on the employment of women but not of men. It also expresses concern over serious violations of the Labour Code in the textile-exporting and manufacturing industries, including the lack of maternity protection, and over the high illiteracy rate of women and over sex discrimination in family law which has an impact on discrimination against women in the labour market in general.

2. In its reply, the Government refers to the existing legal provisions promoting equality between men and women with regard to access to employment and prohibiting all discrimination in employment and occupation. Specifically, the Government refers to the adoption of the new Labour Code, which, it states, prohibits direct and indirect discrimination based on race, colour, sex, disability, civil status, belief, political opinion, trade union affiliation, national extraction and social origin in employment and occupation, particularly in hiring, the administration and distribution of work, vocational training, remuneration, promotion, enjoyment of social privileges, disciplinary sanctions and dismissals. Apart from this and the indication that some progress has been made in access to employment for women in the public service due to the review of the Elections Code of 2002 and the observance of the quota system, the Committee notes that additional information is needed to make a full assessment with regard to the allegations made by the ICFTU concerning the application of Convention No. 111 in the public and private sectors. The Committee therefore asks the Government to provide, in its next report, more complete information, including statistical data, on: (1) the numbers of men and women employed in the public service at various levels; (2) the conditions of work, including maternity protection, of men and women in the exporting and manufacturing industries; (3) any restrictions imposed indirectly or directly on women’s employment; in law or in practice; and (4) any differential treatment of men and women in family law that might operate to disadvantage women in the labour market. The Government is also requested to indicate all the measures taken or envisaged to ensure both de jure and de facto equality of opportunity and equal treatment of men and women in employment and occupation in the public sector and private sector, particularly in regard to access to jobs. Please also supply a copy of the newly adopted Labour Code. The Committee will examine the Government’s reply to these points at its next session.

The Committee is raising certain other points in a request addressed directly to the Government.

CMNT_TITLE

The Committee notes the Government’s report.

1. Recalling the continuing delay in the adoption of a new Labour Code, the Committee notes that the draft Code has been submitted to Parliament and that it expressly prohibits all forms of discrimination. According to the information sent by the Government, section 9 prohibits "all discrimination based on race, colour, sex, invalidity, civil status, belief, political opinion, trade union affiliation, national extraction or social origin the effect of which is to breach or impair the principle of equality of opportunity and treatment in employment and occupation, particularly in hiring, the administration and distribution of work, vocational training, remuneration, promotion, enjoyment of social privileges, disciplinary sanctions and dismissal". The Committee hopes that every effort will be made to adopt and apply this text and awaits a copy of the new Code.

2. With reference to its previous comments, the Committee notes that the Government was unable to send with its last report statistical information on employment and training for women. The Committee again stresses the importance of obtaining reliable statistics of the number of men and women in a given occupation in both the private sector and the public sector. It recalls in this connection that where inequality of opportunity and treatment in employment and occupation is overlooked because it is inadequately recorded in statistics, there are negative repercussions for the effective application of the Convention.

3. The Committee notes the concluding observations of 1 December 2000 by the Committee on Economic, Social and Cultural Rights (E/C.12/1/Add.55) concerning the high rate of illiteracy in Morocco, particularly among women in rural areas. It also notes that, according to the abovementioned committee, less than 50 per cent of children of both sexes are being regularly educated, and the access of young girls to education is considerably more limited, particularly in the rural areas, which accounts for the fact that the adult illiteracy rate is 65 per cent for women, as against 40 per cent for men. The Committee asks the Government to send information on the effective measures taken to promote the access of girls to primary and secondary education establishments and to set up programmes to reduce the female illiteracy rate.

4. The Committee asks the Government to provide information on any measures or programmes to facilitate acquisition of skills and vocational training for women, and on the manner in which such training has enhanced equality between men and women in respect of access to employment.

5. With reference to its previous comments, the Committee again requests the Government to provide information in its next report on tangible progress made in implementing the ministerial programmes to enhance the status of women in terms of their access to and participation in employment in all areas and in decision-making.

6. The Committee requests the Government to provide information on how effect is given in practice to the principle of equality of opportunity and treatment in employment and occupation in respect of members of minority groups in order to eliminate all discrimination based on race, sex, national extraction or religion.

CMNT_TITLE

The Committee notes the Government's report.

1. The Committee notes with interest the adoption of the new Commercial Code, section 17 of which clearly establishes freedom for a married woman to engage in commerce, reinforcing the repeal of section 726 of the Civil Code which subjected this activity to prior authorization by the husband. It also notes that discussions regarding the draft new Labour Code within the tripartite committee set up to examine the question have obtained agreement on most of the provisions. Besides the general provisions guaranteeing non-discriminatory treatment, this draft contains a revision, with a view to their possible removal, of the restrictions contained in the Decree of 6 September 1957 in respect of the access of women to certain dangerous work. The Committee looks forward to receiving a copy on adoption.

2. The Committee notes the replies of the Government to comments made in its previous direct request regarding the restrictions on access of women to certain occupations in special public service statutes, and also in practice. They include the performance of functions in the postal service, civil defence, active service in the police and customs administration, posts as firefighters, as well as in the Ministry of the Interior, the Inspectorate of Finances, and the forestry administration. The Committee notes the Government's indication that these restrictions in the services mentioned above have been lifted and that women are now effectively engaged in posts in these services. It requests the Government to provide recent statistical information with its subsequent reports in respect of employment and training for women as compared to men taken from the survey on training and employment of women, as well as information on the progress achieved in the implementation of Ministry of Labour programmes to promote women, on the platform for a national strategy on the promotion of women, mentioned in the Government's report, in respect of equality of access for men and women to training and employment.

3. Noting also the comments of the Committee on the Elimination of Racial Discrimination of February 1999 (CERD/C/304/Add.57) that, although the Constitution established the principle of equality of all citizens before the law in a general manner, there are no legal provisions explicitly prohibiting racial discrimination. The Committee again renews its hopes for the early adoption of the draft Labour Code, for which the discussions seem finally, after many years, to be arriving at agreement.

CMNT_TITLE

1. The Committee notes that the draft Labour Code, section 8 of which prohibits any discrimination based on race, colour, sex, religion, political opinion, national extraction or social origin, which has been under preparation for many years, is presently being studied by Parliament and that, at the request of employers' and workers' organizations, it has been decided to defer adoption of the Code to allow more consultations within a tripartite committee established for that purpose. The Committee, while welcoming the general provisions ensuring non-discriminatory treatment, nevertheless hopes that its observations and suggestions concerning certain other sections of the Code (such as sections 181, 317 and 318) will be taken into consideration during the discussions, and asks the Government to continue to provide information in its future reports on any progress made toward the adoption of this draft text.

2. The Committee notes from the report submitted by the Government to the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) (United Nations document CEDAW/C/MOR/1, paragraph 60) that a draft Dahir submitted to the General Secretariat of the Government by the Minister of Trade and Industry as Bill No. 274 of 14 April 1993 proposes the repeal of sections 6 and 7 of the Commercial Code of 12 August 1913. Article 6 of this Code requires the husband's authorization for a woman to engage in commerce. The same report also indicates that, in order to avoid any other interpretation, article 19 of the draft Commercial Code clearly provides for the freedom of a married woman to engage in commerce. The Committee requests the Government to provide information with its next report on any further steps taken with regard to adopting this draft Dahir, and to provide a copy in the event that it has been adopted.

3. With regard to equal access for women to public sector employment, the Committee notes that the principle of equal access for all citizens to the public service and public sector employment is set out in general terms in article 12 of the Constitution and in section 1, paragraph 1, of the General Conditions of Service for Public Servants (Dahir No. 1-58-008 of 24 February 1958, as amended by the Dahirs of 15 October 1991, 2 March 1994, 26 January 1995 and 2 August 1997). The Committee also notes that concerning the application of these General Conditions to female staff, certain reservations may be included in special statutes. It notes that in application of this provision, derogations to the principle of equality of access to public sector employment are contained in a number of statutes, including the special statute for the staff of the Ministry of Postal, Telegraphic and Telephonic Services. The Government indicates that the ministerial departments concerned have been informed of the discrepancies that exist between the provisions of these special statutes and the principles set out in the Convention. They have indicated that they will take the necessary measures to allow women access on an equal footing to the categories of jobs covered by these statutes, namely, by allowing women to be recruited as postmen in the postal sector and to work in the civil defence corps. The Committee asks the Government to keep it informed in its future reports of measures taken by the ministerial departments concerned to bring their special statutes into conformity with the Convention on this point.

4. Furthermore, the Committee notes that in reply to its observations concerning the fact, as noted from the above-mentioned CEDAW report (paragraphs 123 to 133), that women are excluded from active service in the police and customs administration, that posts as fire-fighters, administrators in the Ministry of the Interior and the General Inspectorate of Finances, and in the forestry administration are in practice reserved for men, and that female staff in the royal armed forces occupy specialized posts only in health and social services, the Government indicates that certain posts in the police, the gendarmerie and the armed forces are filled by women in actual practice. The Committee asks the Government to indicate in its future reports the measures adopted by these ministries to enable women in practice to fill the above-mentioned posts.

5. The Committee notes that, in reply to its earlier comments concerning Article 3(c) of the Convention, the Government indicates that the Order of 20 June 1963 establishing an examination for the award of permanent appointments to probationary short-term typists has not been in force since the 1967 reform.

6. At the same time, the Committee notes that the Government provides no answer to its observation concerning certain points set out in its previous direct request, which read as follows:

4. The Committee also notes that a Decree of 6 September 1957 relating to dangerous work prohibited for women forbids, inter alia, the employment of women: (1) on premises where the dangerous parts of hand-operated or engine-run machines are not protected with gear-guards, hand-guards and other protective devices (section 1); (2) on hand-operated wool-combing machines in the vegetal fibre industry (section 4); (3) in work listed in table A (section 13) and certain work indicated in table C (section 15) annexed to this Decree; and (4) prohibits women under 16 years of age from working at pedal-operated sewing machines (section 10). The Act of 16 May 1951 regulating employment of women, young people and children (in the Tangier area), contains in its Annex A (sections 1, 8 and 10) and tables A and C provisions similar to those in the Decree of 6 September 1957. The Committee requests the Government to indicate whether these texts will be amended with a view to adapting them to the principle of equality between the men and women embodied in the Convention.

5. With regard to special measures taken to improve the status of women, the Committee notes in reading the above-mentioned CEDAW report that the Ministry of Employment and Social Affairs has prepared a number of programmes for women designed to eradicate illiteracy, provide training, and improve awareness and information on the status of women. The Committee also notes that, in order to achieve wider participation of women in economic and social life, a National Commission for Women has been established within the same Ministry for the purpose of implementing a national strategy for the promotion of women based on the following three main objectives: (a) revising the legal status of women; (b) raising their level of training and education; and (c) reducing obstacles to the participation of women in politics. The Committee requests the Government to provide with its next report information on progress made in implementation of the Ministry of Employment programmes in favour of women, and particularly on the activities of the National Commission for Women and the results achieved concerning equality of access for men and women to training and employment. The Committee hopes, furthermore, to receive with future reports recent statistics on the training and employment of women as compared with men as soon as the results of the current census are known, as indicated in the Government's report.

CMNT_TITLE

The Committee notes with interest from the information provided in the Government's report the repeal, by Act No. 25-95 promulgated by the Dahir of 11 August 1995, of section 726 of the Code of Obligations and Contracts which stipulated that a married woman could not enter into an employment contract without the authorization of her husband, who had the right to cancel any such contract concluded without his consent.

A request regarding other points is being addressed directly to the Government.

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. In reply to the comments it has been making for a number of years concerning the absence in the national legislation of provisions prohibiting explicitly discrimination on all the grounds set out in Article 1, paragraph 1(a), of the Convention, the Committee notes the Government's statement that the provisions of the Constitution guaranteeing equality to all Moroccans before the law, the right of all to education and employment and to occupy public posts give adequate effect to the provisions of the Convention. The Government adds that section 8 of the draft Labour Code, revising the Dahir of 2 July 1947 governing employment confirms these constitutional guarantees and forbids any form of discrimination based on the grounds embodied in the Convention, among others. The draft is presently being studied by a parliamentary commission and the Government declares that there are no technical difficulties for its adoption. Noting that, in its comments on the draft Labour Code, the Office welcomed the general provisions ensuring non-discriminatory treatment contained in sections 7 and 8 of the draft, but suggested some additions to other sections concerning equal treatment, the Committee hopes that these observations will be taken into consideration and that the draft Code, which has been in preparation for many years, will be adopted in the near future. It requests the Government, in its next report, to provide information on progress towards the adoption of this draft.

2. With regard to equality of access for women to public employment, the Committee notes that section 12 of the Constitution, and section 1(1) of the General Public Service Act (Dahir of 24 February 1958, as amended by the Dahirs of 15 October 1991 and 2 March 1994) stipulate, in general, the principle of equality of access for all citizens to public services and employment. The Committee notes, however, that certain reservations are made in regard to application of the General Public Service Act to female staff, in that section 1(2) provides that "subject to the provisions it establishes or which are a result of special statutes, no distinction between the sexes shall be made in the application of this Act". In application of this provision, derogations to the principle of equality of access to public employment are contained in a number of special statutes, including the special statute for the staff of the Ministry of Postal, Telegraphic and Telephonic Services (Royal Decree of 9 March 1967, section 3, which stipulates that "postmen shall be recruited ... from among the male candidates").

3. In addition, the Committee notes from the report that the Government has submitted to the United Nations Committee on the Elimination of Discrimination Against Women (CEDAW) (United Nations document CEDAW/C/MOR/1 of 3 November 1994) that women are excluded from active service in the police and the customs administrations; that the profession of fire-fighter remains the privilege of men; that female personnel in the Royal Armed Forces -- officers and non-commissioned personnel -- may exercise special functions only in the health and social services (Royal Decree of 10 February 1966 and Dahir of 17 May 1958); that, although the special statutes for the administrators of the Ministry of the Interior (Dahir of 1 March 1963) and for the General Inspectorate of Finances do not explicitly prohibit the access of women to these posts, in practice even though female candidates meet the conditions required for these two categories of posts, they are reserved for men; in practice, women are also excluded from the corps of forestry officials. The Committee requests the Government to supply with its next report detailed information on the measures taken or envisaged to bring national legislation and practice into conformity with the Convention on this point.

4. The Committee also notes that a Decree of 6 September 1957 relating to dangerous work prohibited for women forbids, inter alia, the employment of women: (1) on premises where the dangerous parts of hand-operated or engine-run machines are not protected with gear-guards, hand-guards and other protective devices (section 1); (2) on hand-operated wool-combing machines in the vegetal fibre industry (section 4); (3) in work listed in table A (section 13) and certain work indicated in table C (section 15) annexed to this Decree; and (4) prohibits women under 16 years of age from working at pedal-operated sewing machines (section 10). The Act of 16 May 1951 regulating employment of women, young people and children (in the Tangier area), contains in its Annex A (sections 1, 8 and 10) and tables A and C provisions similar to those in the Decree of 6 September 1957. The Committee requests the Government to indicate whether these texts will be amended with a view to adapting them to the principle of equality between the men and women embodied in the Convention.

5. With regard to special measures taken to improve the status of women, the Committee notes in reading the above-mentioned CEDAW report that the Ministry of Employment and Social Affairs has prepared a number of programmes for women designed to eradicate illiteracy, provide training, and improve awareness and information on the status of women. The Committee also notes that, in order to achieve wider participation of women in economic and social life, a National Commission for Women has been established within the same Ministry for the purpose of implementing a national strategy for the promotion of women based on the following three main objectives: (a) revising the legal status of women; (b) raising their level of training and education; and (c) reducing obstacles to the participation of women in politics. The Committee requests the Government to provide with its next report information on progress made in implementation of the Ministry of Employment programmes in favour of women, and particularly on the activities of the National Commission for Women and the results achieved concerning equality of access for men and women to training and employment. The Committee hopes, furthermore, to receive with future reports recent statistics on the training and employment of women as compared with men as soon as the results of the current census are known, as indicated in the Government's report.

6. With reference to its previous comments, the Committee notes with interest that the Decree of 17 October 1975, section 5, provides that the directorship of mixed schools is open to both men and women, in contrast to the Decree of 11 February 1972 on basic regulations for secondary schools which provides that a woman may occupy the position of secondary-school director only in a girls' school. The Committee requests the Government to confirm whether the latter Decree has been expressly amended by the Decree of 17 October 1975 and, if this is not the case, to indicate the measures taken to bring it into conformity with the Convention and national practice, since, according to the report, this Decree is no longer applied and women occupy directorships in mixed schools. Please provide a copy of the Decree of 17 October 1975 with the next report.

7. Article 3(c) of the Convention. In the absence of a reply to the request it has been making for some time, the Committee urgently requests the Government to indicate the measures taken or envisaged to repeal the provisions of the Order of 20 June 1963 (section 2 of which refers only to women applicants) establishing an examination for the award of permanent appointments to probationary short-term typists which are incompatible with the national policy of non-discrimination in respect of employment and occupation.

CMNT_TITLE

The Committee notes the information communicated by the Government in its report in reply to previous comments.

1. In reply to the comments it has been making for a number of years concerning the absence in the national legislation of provisions prohibiting explicitly discrimination on all the grounds set out in Article 1, paragraph 1(a), of the Convention, the Committee notes the Government's statement that the provisions of the Constitution guaranteeing equality to all Moroccans before the law, the right of all to education and employment and to occupy public posts give adequate effect to the provisions of the Convention. The Government adds that section 8 of the draft Labour Code, revising the Dahir of 2 July 1947 governing employment confirms these constitutional guarantees and forbids any form of discrimination based on the grounds embodied in the Convention, among others. The draft is presently being studied by a parliamentary commission and the Government declares that there are no technical difficulties for its adoption. Noting that, in its comments on the draft Labour Code, the Office welcomed the general provisions ensuring non-discriminatory treatment contained in sections 7 and 8 of the draft, but suggested some additions to other sections concerning equal treatment, the Committee hopes that these observations will be taken into consideration and that the draft Code, which has been in preparation for many years, will be adopted in the near future. It requests the Government, in its next report, to provide information on progress towards the adoption of this draft.

2. With regard to equality of access for women to public employment, the Committee notes that section 12 of the Constitution, and section 1(1) of the General Public Service Act (Dahir of 24 February 1958, as amended by the Dahirs of 15 October 1991 and 2 March 1994) stipulate, in general, the principle of equality of access for all citizens to public services and employment. The Committee notes, however, that certain reservations are made in regard to application of the General Public Service Act to female staff, in that section 1(2) provides that "subject to the provisions it establishes or which are a result of special statutes, no distinction between the sexes shall be made in the application of this Act". In application of this provision, derogations to the principle of equality of access to public employment are contained in a number of special statutes, including the special statute for the staff of the Ministry of Postal, Telegraphic and Telephonic Services (Royal Decree of 9 March 1967, section 3, which stipulates that "postmen shall be recruited ... from among the male candidates").

3. In addition, the Committee notes from the report that the Government has submitted to the United Nations Committee on the Elimination of Discrimination Against Women (CEDAW) (United Nations document CEDAW/C/MOR/1 of 3 November 1994) that women are excluded from active service in the police and the customs administrations; that the profession of fire-fighter remains the privilege of men; that female personnel in the Royal Armed Forces - officers and non-commissioned personnel - may exercise special functions only in the health and social services (Royal Decree of 10 February 1966 and Dahir of 17 May 1958); that, although the special statutes for the administrators of the Ministry of the Interior (Dahir of 1 March 1963) and for the General Inspectorate of Finances do not explicitly prohibit the access of women to these posts, in practice even though female candidates meet the conditions required for these two categories of posts, they are reserved for men; in practice, women are also excluded from the corps of forestry officials. The Committee requests the Government to supply with its next report detailed information on the measures taken or envisaged to bring national legislation and practice into conformity with the Convention on this point.

4. The Committee also notes that a Decree of 6 September 1957 relating to dangerous work prohibited for women forbids, inter alia, the employment of women: (1) on premises where the dangerous parts of hand-operated or engine-run machines are not protected with gear-guards, hand-guards and other protective devices (section 1); (2) on hand-operated wool-combing machines in the vegetal fibre industry (section 4); (3) in work listed in table A (section 13) and certain work indicated in table C (section 15) annexed to this Decree; and (4) prohibits women under 16 years of age from working at pedal-operated sewing machines (section 10). The Act of 16 May 1951 regulating employment of women, young people and children (in the Tangier area), contains in its Annex A (sections 1, 8 and 10) and tables A and C provisions similar to those in the Decree of 6 September 1957. The Committee requests the Government to indicate whether these texts will be amended with a view to adapting them to the principle of equality between the men and women embodied in the Convention.

5. With regard to special measures taken to improve the status of women, the Committee notes in reading the above-mentioned CEDAW report that the Ministry of Employment and Social Affairs has prepared a number of programmes for women designed to eradicate illiteracy, provide training, and improve awareness and information on the status of women. The Committee also notes that, in order to achieve wider participation of women in economic and social life, a National Commission for Women has been established within the same Ministry for the purpose of implementing a national strategy for the promotion of women based on the following three main objectives: (a) revising the legal status of women; (b) raising their level of training and education; and (c) reducing obstacles to the participation of women in politics. The Committee requests the Government to provide with its next report information on progress made in implementation of the Ministry of Employment programmes in favour of women, and particularly on the activities of the National Commission for Women and the results achieved concerning equality of access for men and women to training and employment. The Committee hopes, furthermore, to receive with future reports recent statistics on the training and employment of women as compared with men as soon as the results of the current census are known, as indicated in the Government's report.

6. With reference to its previous comments, the Committee notes with interest that the Decree of 17 October 1975, section 5, provides that the directorship of mixed schools is open to both men and women, in contrast to the Decree of 11 February 1972 on basic regulations for secondary schools which provides that a woman may occupy the position of secondary-school director only in a girls' school. The Committee requests the Government to confirm whether the latter Decree has been expressly amended by the Decree of 17 October 1975 and, if this is not the case, to indicate the measures taken to bring it into conformity with the Convention and national practice, since, according to the report, this Decree is no longer applied and women occupy directorships in mixed schools. Please provide a copy of the Decree of 17 October 1975 with the next report.

7. Article 3(c) of the Convention. In the absence of a reply to the request it has been making for some time, the Committee urgently requests the Government to indicate the measures taken or envisaged to repeal the provisions of the Order of 20 June 1963 (section 2 of which refers only to women applicants) establishing an examination for the award of permanent appointments to probationary short-term typists which are incompatible with the national policy of non-discrimination in respect of employment and occupation.

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 the Government's statement that the principle of equality is established in all laws and regulations that relate to the Convention and that there is no discrimination on the grounds set out in the Convention. While noting that the 1992 revised Constitution (Dahir No. 1-92-155 of 9 October 1992) establishes, in general terms, equality before the law (article 5), freedom of opinion (article 9), the right to education and work (article 13) and contains specific provisions ensuring equality of political rights between men and women (article 8) and equal access to public sector jobs and functions (article 12), the Committee notes that no provision of the Constitution, nor of the Dahir of 2 July 1947 on labour legislation, nor of any law or regulation specifically lays down the principle of equality of opportunity and treatment in employment and occupation, or prohibits discrimination on all the grounds set out in the Convention and in all sectors of activity.

It notes with interest, however, that the draft Labour Code now being examined has filled this void by establishing expressly the principle of non-discrimination within the meaning of the Convention. The above draft has already been approved by the Government (after more than 25 years of preparation and examination) and Parliament has been debating it since May 1992 with a view to enacting it. The text of the draft has been sent to the ILO.

The Committee urges the Government - as it has done several times since its direct request of 1970 - to keep it informed of developments in the situation, and particularly of difficulties encountered in actually adopting and promulgating the Code and the measures taken or envisaged to overcome them. It notes that the International Labour Office assisted with the preparation of the draft and made its first observations as long ago as 1979, and informs the Government that it is still at its disposal for any additional assistance it might deem necessary.

2. As regards women more particularly, the Committee notes from the statistics supplied by the Government in its report that the percentage of women employed in the public service has increased, from 16.6 per cent in 1979 to 28.5 per cent in 1986 as regards women workers in the urban sector in general, and from 21.9 per cent in 1981 to 28.7 per cent in 1987 for women workers in the education and health sectors. It asks the Government to continue to provide information on specific measures taken to reduce the still substantial differences in the number of men and women workers in several sectors. So that it can ascertain progress made in this area, the Committee would appreciate receiving, in particular, recent statistical information in the next report, concerning the number of women (and their percentage in relation to men) employed in the public administration and public and private enterprises employing a substantial number of women, including in jobs and occupations traditionally held by men, and in management and executive posts.

3. With reference to its previous comments on the Decree of 11 February 1972 regulating secondary education establishments (sections 6 and 10) and the Order of 20 June 1963 establishing an examination for the award of permanent appointments to probationary short-term typists (section 2), the Committee asks the Government to indicate in its next report whether these texts are still in force and, if so, the measures taken - and the results obtained - to eliminate any provisions from the texts, as well as any administrative practices, that are incompatible with the national policy against discrimination, in accordance with Article 3(c) of the Convention.

4. With regard to equal access for men and women to education and vocational training, the Committee notes that the Government encourages the access of all applicants, without any distinction as to sex, to the various courses provided in training establishments, and that there has been an increase in the number and the student capacity of such establishments. The Committee refers to paragraphs 166 to 169 of its 1988 General Survey on Equality in Employment and Occupation, in which it explains the concept of "affirmative action programme" as being any measure which sets out to eliminate and make good any de facto inequalities in training and employment which affect the opportunities in particular of women and underprivileged ethnic groups, and once again asks the Government to state in its next report the affirmative measures taken or under consideration to facilitate and encourage the access of women and, if appropriate, disadvantaged ethnic and tribal groups, to training for occupations in which they are still underreperesented and to encourage the diversification of their jobs and their promotion.

CMNT_TITLE

1. The Committee notes the information supplied by the Government, particularly concerning Parliament's examination in May 1992 of the draft of the new Labour Code. It hopes that the draft has been adopted and that the Government will provide a copy of the new Code shortly.

2. With regard to conditions of employment in the public service, the Committee notes that Decree No. 2-63-164 of 14 November 1963, attached to the Government's report, establishes general rules for staff of various enterprises (including state enterprises). The Committee would appreciate receiving information on the practical measures taken or under consideration to ensure observance of the principle of equal access and promotion in respect of public sector jobs, together with recent statistical data on the number of women (and the proportion of women as compared to men) employed in the public service, public and semi-public enterprises and the number of women in managerial and high-level posts which, until recently, were reserved for men, e.g. magistrates, engineers, airline pilots, etc.

3. The Committee notes from the report that the Decree of 11 February 1972 regulating secondary education establishments is out of date in that women have been appointed to managerial positions in mixed establishments both in secondary and higher education. The Committee would appreciate recent statistics of the percentages of men and women employed in secondary and higher education establishments. The Committee again requests the Government to provide information on the status of the Order of 20 June 1963 establishing an examination for the award of permanent appointments to probationary short-term typists, section 2 of which refers only to women applicants.

4. The Committee notes that, according to the Government, the Order of 10 May 1971 establishing a vocational proficiency certificate makes no distinction between the sexes and that the definition of "young people" (jeunes gens) in section 4 of the Order applies to male and female applicants. It also notes that the new occupational training system guarantees equality of opportunity for male and female applicants to vocational training and applied technology institutes. The Committee refers to paragraphs 77 and 78 of its 1988 General Survey on Equality in Employment and Occupation, in which it indicates that training is of paramount importance in that it determines the actual possibilities of gaining access to employment and occupations, and asks the Government to state what specific measures have been taken or are under consideration to facilitate the access of girls to education, particularly secondary education and technical and vocational training.

CMNT_TITLE

The Committee notes with regret that the Government's report contains no new information in reply to its previous comments. It hopes that the next report will provide full information on the points raised in its previous direct request which read as follows:

1. The Committee notes with interest that the new draft Labour Code adopted by the Government prohibits (in section 7) all discrimination on grounds covered by the Convention. The Committee hopes that this draft Code will be enacted in the near future and that the Government will be able to indicate the progress achieved in this respect in its next report (and supply a copy of the text once adopted).

2. As regards the conditions of employment in the public service, the Committee noted in its previous comments the Government's statement that the specific personnel rules in a number of public and semi-public administrative departments do not contain any discriminatory provisions on grounds of sex and that the conditions of recruitment and employment are identical for men and women. The Committee once again requests the Government to supply copies of some of these sets of rules.

3. In the same comments, the Committee noted the Government's statement that the provisions of the Decree of 11 February 1972, establishing rules for secondary teaching establishments, were intended to encourage the recruitment of women to managerial positions in educational establishments for girls and to rectify a situation which was previously very unfavourable to women. The Committee hopes that the Government will be able to take the necessary measures to extend the provisions of this Decree to mixed educational establishments so that women can have equal access to managerial positions in these establishments.

4. The Committee noted that section 2 of the Order of 20 June 1963, which provides for the holding of an examination to give a permanent contract to probationary shorthand-typists, refers only to women as candidates for fixed positions, and that section 4 of the Order of 10 May 1971, which provides for a certificate of vocational proficiency, refers only to young men being admitted to the training course. If these texts are still in force, the Committee would be grateful if the Government would indicate any measures that have been taken or are contemplated in their regard in order to ensure men and women equality of access to employment, in accordance with the Convention.

5. In its previous comments, the Committee noted with interest the information supplied by the Government to the effect that the national policy designed to promote equality of opportunity, as a result of the development of teaching and vocational training programmes, has led to an increase in the number of working women and their access to high-level functions, such as magistrates, engineers, airline pilots, etc., which until recently had been reserved for men The Committee requests the Government to continue supplying information on this point, and particularly on the number of women who have entered these occupations, and to supply information on the results achieved as regards the absence of discrimination in terms and conditions of employment. In this context, the Government is particularly requested to indicate the measures that have been taken in order to promote equality of opportunity and treatment:

(a) in jobs and in vocational training and guidance under the direct control of the Government;

(b) through legislation, educational programmes and the dissemination of information to the public;

(c) with the co-operation of employers' and workers' organisations and, where appropriate, of other non-governmental organisations.

The Committee hopes that the Government will not fail to supply the information that has been requested.

CMNT_TITLE

The Committee notes the Government's report for the period 1986-88 and notes that this report contains no new information in reply to its previous comments. The Committee is therefore bound to repeat these comments in the hope that the Government will supply full particulars on the following points in its next report.

1. The Committee notes with interest that the new draft Labour Code adopted by the Government prohibits (in section 7) all discrimination on grounds covered by the Convention. The Committee hopes that this draft Code will be adopted in the near future and that the Government will be able to indicate the progress achieved in this respect in its next report (and that, if appropriate, it will supply a copy of the definitive text).

2. As regards the conditions of employment in the public service, the Committee noted in its previous comments the Government's statement that the specific personnel rules in a number of public and semi-public administrative departments do not contain any discriminatory provisions on grounds of sex and that the conditions of recruitment and employment are identical for men and women. The Committee once again requests the Government to supply copies of some of these sets of rules.

3. In the same comments, the Committee noted the Government's statement that the provisions of the Decree of 11 February 1972, establishing rules for secondary teaching establishments, were intended to encourage the recruitment of women to managerial positions in educational establishments for girls and to rectify a situation which was previously very unfavourable to women. The Committee hopes that the Government will be able to take the necessary measures to extend the provisions of this Decree to mixed educational establishments so that women can have equal access to managerial positions in these establishments.

4. The Committee noted that section 2 of the Order of 20 June 1963, which provides for the holding of an examination to give a permanent contract to probationary shorthand-typists, refers only to women as candidates for fixed positions, and that section 4 of the Order of 10 May 1971, which provides for a certificate of vocational proficiency, refers only to young persons being admitted to the training course. If these texts are still in force, the Committee would be grateful if the Government would indicate any measures that have been taken or are contemplated in their regard in order to ensure men and women equality of access to employment, in accordance with the Convention.

5. In its previous comments, the Committee noted with interest the information supplied by the Government to the effect that the national policy designed to promote equality of opportunity, as a result of the development of teaching and vocational training programmes, has led to an increase in the number of working women and their access to high-level functions, such as magistrates, engineers, airline pilots, etc., which until recently had been reserved for men The Committee requests the Government to continue supplying information on this point, and particularly on the number of women who have entered these occupations, and to supply information on the results achieved as regards the absence of discrimination in terms and conditions of employment. In this context, the Government is particularly requested to indicate the measures that have been taken in order to promote equality of opportunity and treatment:

(a)in jobs and in vocational training and guidance under the direct control of the Government;

(b)through legislation, educational programmes and the dissemination of information to the public;

(c)with the co-operation of employers' and workers' organisations and, where appropriate, of other non-governmental organisations.

The Committee hopes that the Government will not fail to supply the information that has been requested.