Repetition

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

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

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

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

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

Article 2. National policy. Equality of opportunity and treatment for men and women. In its previous comments, the Committee welcomed several initiatives aimed at promoting women’s employment, such as the 2007 National Policy on Gender Equity and Equality (PNEEG), the strategic focus on women’s employment within the 2014 National Employment Policy (PNE), and the adoption in 2013 of the Steering Plan for Women’s Entrepreneurship (PDEF). It noted, however, that, despite these commitments, the Decent Work Country Programme (DWCP 2015–19) still reported an unemployment rate of women twice as high as that of men. The Committee notes that the Government has not provided information in its report on this subject. The Committee therefore once again requests the Government to take specific steps to eliminate obstacles to the participation of women in employment and the various occupations, and particularly vocational guidance and training measures to combat stereotypes and prejudices regarding the capacities and vocational aspirations of girls and women and, more generally, to combat stereotypes and prejudices concerning their role in society, and to provide information on any measures adopted in this respect. It also requests the Government to provide specific information on the results of the evaluation of the PNEEG undertaken in 2016, on any follow-up measures taken and on the initiatives adopted in the context of the implementation of the DWCP 2015–2019 to promote equality for men and women in employment and occupation.

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

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

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

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

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

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

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

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

Repetition

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Repetition

Article 1 of the Convention. Prohibited grounds of discrimination. Dismissal. The Committee notes the Government’s indication that it undertakes to incorporate the ground of national extraction in the legal text implementing the Labour Code, which will deal with unlawful dismissal. While welcoming this commitment, the Committee requests the Government not to rule out the possibility, when the Labour Code is revised in future, of adding national extraction to the list of unlawful grounds of dismissal set forth in section 44 of the Labour Code in order to harmonize it with section 2 of the Labour Code prohibiting discrimination. The Government is also requested to provide information on any measures adopted to this end.

Prohibited grounds of discrimination. Public service. The Committee notes that section 5 of the Public Service Regulations, which provides for equal opportunities without any distinction made on the basis of gender, religion, origin, race, political opinion or social status, is only concerned with access to posts in the public sector and does not cover all the grounds listed in Article 1(1)(a) of the Convention. The Committee requests the Government to contemplate the possibility of amending the General Public Service Regulations in order to prohibit all discrimination on all the grounds listed by the Convention, including colour, social origin and national extraction, at all stages of employment and occupation within the meaning of the Convention, and not just at the stage of recruitment, and to provide information on the measures taken towards this end.

Sexual harassment. The Committee notes that the Government recalls the legislative framework applicable to sexual harassment in the workplace (sections 2(2) and 2(3) of the Labour Code and section 294 of the Penal Code). The Committee requests the Government to provide information on the manner in which these provisions are applied in practice by labour inspectors or magistrates. Please indicate the number and nature of violations reported and detected, investigations conducted, prosecutions initiated, convictions and penalties imposed, and remedies provided, and provide copies of any judicial decisions. Please also provide information on the measures taken by employers to prevent sexual harassment in the workplace pursuant to section 2(2) of the Labour Code.

Article 1(1)(b). Discrimination on the basis of HIV status. The Committee notes with interest the Government’s indications that a National Strategic Plan to Combat HIV/AIDS (2011–15), one of the objectives of which is to combat stigmatization and discrimination towards persons living with HIV, has been drawn up with ILO support and adopted by the Government. The Committee requests the Government to provide information on the measures taken to implement the National Strategic Plan and to combat discrimination on the basis of HIV/AIDS status, including measures to raise awareness of the relevant provisions of the Labour Code and training measures for workers, employers and their organizations, labour inspectors and controllers, and magistrates.

The Committee notes that section 2 of the Labour Code prohibits employers from taking into consideration real or perceived health status, particularly HIV/AIDS, when making decisions. The Committee requests the Government to contemplate the possibility of harmonizing the protection for public servants against discrimination, as established by the General Public Service Regulations (section 5), with that provided for private sector workers, by extending it to cover a person’s real or perceived state of health, including HIV/AIDS status.

Gender equality. Entitlement to leave. The Committee recalls that section 133 of the new Labour Code provides that, unless there are more favourable provisions in collective agreements, working mothers with children under 15 years of age acquire the right to leave paid by the employer, amounting to at least three calendar days of actual service per year (instead of two-and-a-half days). The Government indicates that it has noted the Committee’s request to extend section 133 to fathers with children under the age of 15. With a view to promoting equality between men and women workers with family responsibilities and the sharing of such responsibilities, the Committee once again requests the Government to envisage the possibility of extending this provision to working fathers of children under 15 years of age, so that such leave is granted to the men and women workers concerned on an equal footing.

Equality of opportunity and treatment. Public service. The Committee recalls the allegations made by the Confederation of Workers of Comoros (CTC) in 2013 to the effect that recruitment in the public service depends on how close the candidate is to persons in authority and on other considerations. The Government indicates in its report that Act No. 04-006/A.U of 10 November 2004 issuing the General Public Service Regulations provides for equality of opportunity. The Committee requests the Government to indicate how it is ensured in practice that recruitment in the public service is not discriminatory.

Article 5. Special measures of protection. The Committee requests the Government to ensure, in the context of the preparation of regulations concerning work prohibited for women, that any provisions limiting the access of women to certain types of work are not based on stereotypes regarding their professional abilities and their role in society, and that they are strictly limited to maternity protection. The Government is also requested once again to provide information on the consultations held with employers’ and workers’ organizations on this matter and to provide any regulations as soon as they are adopted.

Enforcement. In its previous comment, the Committee noted the observations from the Confederation of Workers of Comoros (CTC) emphasizing the absence of any appropriate procedures for lodging a complaint in the event of discrimination in employment and occupation, both in the private and public sectors, and stating that the labour inspectorate and the courts had not dealt with any cases of discrimination. The Government indicates that only a few cases of dismissal involving discrimination have been referred to the labour inspectorate and recalls that any worker who suffers discrimination must first refer the case to the labour inspectorate, as such cases are only referred to the courts where attempts at conciliation between the parties are unsuccessful. Recalling that a low number or total absence of complaints or cases of discrimination may be due to a lack of awareness of rights, a lack of confidence in available legal remedies, a lack of remedies altogether or difficulties of access to them in practice, or even fear of reprisals, the Committee requests the Government to provide information on the measures taken to ensure that workers who consider themselves victims of discrimination are able to have recourse to appeal mechanisms and to assert their rights effectively. The Government is requested to provide information on the following:

• (i) the number and nature of cases of discrimination based on one or more of the grounds specified by the Convention which have been handled by the labour inspectorate and the courts, with an indication of the grounds invoked and the outcome of the proceedings and copies of judgments;
• (ii) any preventive action taken in this area by labour inspectors for workers, employers and their organizations.

Statistics. The Committee notes the Government’s indications that the Directorate of Employment does not have up-to-date statistics, but that the opening of the “House of Employment” and the “1, 2, 3” survey conducted by the General Planning Commission should make it possible to provide the Committee with data on the situation of men and women engaged in the public and private sectors. The Committee trusts that the Government will soon be in a position to provide these data, which are indispensable for identifying any discrimination between men and women and assessing the impact of the measures taken to address it, and requests it to send this information as soon as it is available.

Repetition

Article 1 of the Convention. Prohibited grounds of discrimination. Dismissal. The Committee notes the Government’s indication that it undertakes to incorporate the ground of national extraction in the legal text implementing the Labour Code, which will deal with unlawful dismissal. While welcoming this commitment, the Committee requests the Government not to rule out the possibility, when the Labour Code is revised in future, of adding national extraction to the list of unlawful grounds of dismissal set forth in section 44 of the Labour Code in order to harmonize it with section 2 of the Labour Code prohibiting discrimination. The Government is also requested to provide information on any measures adopted to this end.

Prohibited grounds of discrimination. Public service. The Committee notes that section 5 of the Public Service Regulations, which provides for equal opportunities without any distinction made on the basis of gender, religion, origin, race, political opinion or social status, is only concerned with access to posts in the public sector and does not cover all the grounds listed in Article 1(1)(a) of the Convention. The Committee requests the Government to contemplate the possibility of amending the General Public Service Regulations in order to prohibit all discrimination on all the grounds listed by the Convention, including colour, social origin and national extraction, at all stages of employment and occupation within the meaning of the Convention, and not just at the stage of recruitment, and to provide information on the measures taken towards this end.

Sexual harassment. The Committee notes that the Government recalls the legislative framework applicable to sexual harassment in the workplace (sections 2(2) and 2(3) of the Labour Code and section 294 of the Penal Code). The Committee requests the Government to provide information on the manner in which these provisions are applied in practice by labour inspectors or magistrates. Please indicate the number and nature of violations reported and detected, investigations conducted, prosecutions initiated, convictions and penalties imposed, and remedies provided, and provide copies of any judicial decisions. Please also provide information on the measures taken by employers to prevent sexual harassment in the workplace pursuant to section 2(2) of the Labour Code.

Article 1(1)(b). Discrimination on the basis of HIV status. The Committee notes with interest the Government’s indications that a National Strategic Plan to Combat HIV/AIDS (2011–15), one of the objectives of which is to combat stigmatization and discrimination towards persons living with HIV, has been drawn up with ILO support and adopted by the Government. The Committee requests the Government to provide information on the measures taken to implement the National Strategic Plan and to combat discrimination on the basis of HIV/AIDS status, including measures to raise awareness of the relevant provisions of the Labour Code and training measures for workers, employers and their organizations, labour inspectors and controllers, and magistrates.

The Committee notes that section 2 of the Labour Code prohibits employers from taking into consideration real or perceived health status, particularly HIV/AIDS, when making decisions. The Committee requests the Government to contemplate the possibility of harmonizing the protection for public servants against discrimination, as established by the General Public Service Regulations (section 5), with that provided for private sector workers, by extending it to cover a person’s real or perceived state of health, including HIV/AIDS status.

Gender equality. Entitlement to leave. The Committee recalls that section 133 of the new Labour Code provides that, unless there are more favourable provisions in collective agreements, working mothers with children under 15 years of age acquire the right to leave paid by the employer, amounting to at least three calendar days of actual service per year (instead of two-and-a-half days). The Government indicates that it has noted the Committee’s request to extend section 133 to fathers with children under the age of 15. With a view to promoting equality between men and women workers with family responsibilities and the sharing of such responsibilities, the Committee once again requests the Government to envisage the possibility of extending this provision to working fathers of children under 15 years of age, so that such leave is granted to the men and women workers concerned on an equal footing.

Equality of opportunity and treatment. Public service. The Committee recalls the allegations made by the Confederation of Workers of Comoros (CTC) in 2013 to the effect that recruitment in the public service depends on how close the candidate is to persons in authority and on other considerations. The Government indicates in its report that Act No. 04-006/A.U of 10 November 2004 issuing the General Public Service Regulations provides for equality of opportunity. The Committee requests the Government to indicate how it is ensured in practice that recruitment in the public service is not discriminatory.

Article 5. Special measures of protection. The Committee requests the Government to ensure, in the context of the preparation of regulations concerning work prohibited for women, that any provisions limiting the access of women to certain types of work are not based on stereotypes regarding their professional abilities and their role in society, and that they are strictly limited to maternity protection. The Government is also requested once again to provide information on the consultations held with employers’ and workers’ organizations on this matter and to provide any regulations as soon as they are adopted.

Enforcement. In its previous comment, the Committee noted the observations from the Confederation of Workers of Comoros (CTC) emphasizing the absence of any appropriate procedures for lodging a complaint in the event of discrimination in employment and occupation, both in the private and public sectors, and stating that the labour inspectorate and the courts had not dealt with any cases of discrimination. The Government indicates that only a few cases of dismissal involving discrimination have been referred to the labour inspectorate and recalls that any worker who suffers discrimination must first refer the case to the labour inspectorate, as such cases are only referred to the courts where attempts at conciliation between the parties are unsuccessful. Recalling that a low number or total absence of complaints or cases of discrimination may be due to a lack of awareness of rights, a lack of confidence in available legal remedies, a lack of remedies altogether or difficulties of access to them in practice, or even fear of reprisals, the Committee requests the Government to provide information on the measures taken to ensure that workers who consider themselves victims of discrimination are able to have recourse to appeal mechanisms and to assert their rights effectively. The Government is requested to provide information on the following:

• – the number and nature of cases of discrimination based on one or more of the grounds specified by the Convention which have been handled by the labour inspectorate and the courts, with an indication of the grounds invoked and the outcome of the proceedings and copies of judgments;
• – any preventive action taken in this area by labour inspectors for workers, employers and their organizations.

Statistics. The Committee notes the Government’s indications that the Directorate of Employment does not have up-to-date statistics, but that the opening of the “House of Employment” and the “1, 2, 3” survey conducted by the General Planning Commission should make it possible to provide the Committee with data on the situation of men and women engaged in the public and private sectors. The Committee trusts that the Government will soon be in a position to provide these data, which are indispensable for identifying any discrimination between men and women and assessing the impact of the measures taken to address it, and requests it to send this information as soon as it is available.

Repetition

Article 2 of the Convention. National policy. Equality of opportunity and treatment of men and women. The Committee notes that the Government recognizes in its report that significant measures are needed to improve the situation of women with regard to employment, education, literacy and vocational training, and that access to traditional bank credit is very difficult for women. The Committee also notes the concluding observations of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), which express concern at the persistence of attitudes based on patriarchal values and deep-rooted stereotyping with regard to the roles and responsibilities of women and men in the family and society (CEDAW/C/COM/CO/1-4, 8 November 2012, paragraphs 21–22). The Committee notes that the Government’s report does not contain any information on the National Policy on Gender Equity and Equality (PNEEG), adopted in 2008, or its plan of action. The Committee requests the Government to take the necessary steps to remove the obstacles to women’s participation in employment and the various occupations and to promote their access to credit and resources, including measures to combat stereotyping and prejudice towards women, and to provide information on any measures taken in this regard. The Government is also requested to provide information on the measures taken to implement the PNEEG and the subregional gender policy and strategy of the Indian Ocean Commission adopted by the governments of the countries of the region in April 2009, or any other policy adopted more recently on this matter, and the results achieved in employment and occupation.

Equality of opportunity and treatment irrespective of race, colour, religion, political opinion, national extraction and social origin. The Committee recalls that, under Article 2 of the Convention, member States that ratify the Convention undertake to declare and pursue a national policy designed to promote, by methods appropriate to national conditions and practice, equality of opportunity and treatment in respect of employment and occupation. It also recalls that the implementation of a national equality policy presupposes the adoption of a range of specific measures, which often consist of a combination of legislative and administrative measures, collective agreements, public policies, affirmative action measures, dispute resolution and enforcement mechanisms, specialized bodies, practical programmes and awareness raising (see General Survey on the fundamental Conventions, 2012, paragraphs 848–849). In the absence of information on this point, the Committee once again requests the Government to indicate the measures taken or contemplated to declare and pursue a national policy designed to promote equality for all in respect of employment and occupation, without any distinction made on the basis of race, colour, religion, political opinion, national extraction or social origin.

Repetition

In its previous comments, the Committee noted the observations of the Confederation of Workers of Comoros (CTC), received on 1 September 2011, stressing the absence of any appropriate procedures to lodge a complaint in the event of discrimination in employment and occupation, both in the private and public sectors. The CTC also stated that the labour inspection services and the courts had not dealt with any cases of discrimination. In conclusion, the CTC pointed to the absence of any texts implementing the Labour Code, more than 25 years after its adoption. The Committee asked the Government to respond to the CTC’s observations. It notes that the Government’s report has not been received, but that the new Labour Code was adopted on 28 June 2012.

Article 1 of the Convention. Prohibited grounds of discrimination. Dismissal. The Committee notes that, according to section 2 of the new Labour Code, the prohibition on discrimination by the employer on grounds of race, colour, sex, religion, political opinion, national extraction or social origin, or real or perceived state of health, including HIV/AIDS status, expressly covers dismissals. It observes, however, that the unlawful grounds of dismissal set forth at section 44, the list of which is broader in scope than that of section 2, do not include national extraction. In order to harmonize the provisions of section 44 of the Labour Code with those of section 2 of the Labour Code and with the Convention, the Committee asks the Government to envisage adding national extraction to the list of unlawful grounds of dismissal set forth in section 44.

Aspects of employment and occupation. The Committee notes that the prohibition on employers from taking into consideration specific grounds in taking their decisions now expressly includes “conditions of employment” and “any other form of discrimination” (section 2 of the Labour Code). The Committee requests the Government to specify the meaning and scope of the expression “any other form of discrimination” used in section 2 of the Labour Code.

Workers excluded from the scope of the Labour Code. The Committee notes that, according to section 1 of the new Labour Code, “persons appointed to a permanent management position in a government department” are excluded from the scope of the Labour Code. Recalling that the Convention applies to all workers, the Committee requests the Government to provide information on the protection of workers excluded from the scope of the new Labour Code against direct and indirect discrimination based on race, colour, sex, religion, political opinion, national extraction or social origin, or real or perceived state of health, including HIV status, both in law and in practice.

Article 2. Equality between men and women. Entitlement to leave. The Committee notes that section 133 of the new Labour Code provides that, unless there are more favourable provisions in collective agreements, working mothers with children under 15 years of age acquire the right to leave paid by the employer, amounting to at least three calendar days of actual service (instead of two-and-a-half days). With a view to promoting equality between men and women workers with family responsibilities and the sharing of such responsibilities, the Committee requests the Government to envisage the possibility of extending this provision to working fathers of children under 15 years of age, so that such leave is granted to the men and women workers concerned on an equal footing.

Parts III and IV of the report form. Enforcement. The Committee requests the Government to provide information on labour inspectors’ activities in the area of combating discrimination and promoting equality, including, for example, extracts of inspection reports, and to provide copies of any court decisions handed down on these matters. The Committee also asks the Government to provide specific information on the procedures available to men and women workers to assert their rights in the event of discrimination and on how they operate in practice.

Since the Government’s report has not been received, the Committee hopes that a report will be submitted for examination by the Committee at its next session and that it will contain information on the following points.

Article 3(b) of the Convention. Measures to promote equality of opportunity and treatment. The Committee notes the Government’s statement that no concrete measures have been taken to raise awareness of the principle of equality. It notes that the Organization of Employers of Comoros (OPACO), in their communication received on 1 September 2009, also indicates that no such measures had been taken. The Committee nevertheless stresses the importance of educational programmes and awareness-raising measures for combating discrimination, particularly gender stereotypes regarding the professional abilities of women and stereotypes regarding the role of men and women in society, as well as for promoting genuine equality of opportunity and treatment and with a view to increasing the employment opportunities of the most vulnerable groups of the population. The Committee strongly encourages the Government to take concrete measures to raise awareness of the principle of equality of opportunity and treatment in employment and occupation among workers and employers and their organizations, officials responsible for the enforcement of the equality legislation (labour inspectors, judges, lawyers) and the public at large. Please provide information on the initiatives and action taken in this regard, in the context of the National Policy on Gender Equity and Equality or otherwise.

Article 3(d). Public service. The Committee notes that, according to the Government, equality of opportunity and treatment in the public service is ensured by the strict implementation of Act No. 04-006/A.U of 10 November 2004 (“Public Service Statute”), which provides that recruitment is organized through competitions. The Committee recalls that the existence of a competition procedure for accessing the public service does not exclude the possibility of discriminatory practices in the course of recruitment or employment, particularly in respect of career advancement. The Committee accordingly requests the Government to indicate the measures taken to ensure in practice the effective application of the principle of equality laid down in the Convention in respect of employment under the direct control of a national authority. The Committee also requests the Government to provide information on any affirmative measures it may have taken to promote equal access for women to management positions and the results obtained in this regard. Finally, the Government is once again requested to provide a copy of the 2004 Public Service Statute.

Article 5. Special measures of protection. ... The Committee requests the Government to ensure, in the context of the preparation of these regulations, that any provisions limiting the access of women to certain types of work are not based on stereotypes regarding their professional abilities and their role in society, and that they are strictly limited to maternity protection. The Government is also requested to provide information on the consultations held with employers’ and workers’ organizations regarding this matter and to provide a copy of the regulations as soon as they are adopted.

Part V of the report form. Statistics. The Committee notes the Government’s indication that no reliable statistical data on the situation of men and women in the labour market exist. The Committee hopes that the Government, in the near future, will be able to take measures to progressively create the conditions necessary to collect and analyse such data, which are indispensable for identifying possible discrimination between men and women and to assess the impact of the measures taken to address it. It also requests the Government to provide any available information on the employment situation of men and women, both in the private and public sectors.