Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Repetition

The Committee notes the Government’s first report, as well as the observations concerning the application of the Convention made by the General Union of Djibouti Workers (UGTD) in their communication dated 11 August 2007. The Committee draws the Government’s attention to the issues set out below.

Article 1(1)(a) and (b) of the Convention. Prohibition of discrimination. The Committee notes that section 3 of the Labour Code provides that the employer, in his or her decisions concerning recruitment, organization and assignment of work, vocational training, promotion, remuneration and other working conditions, social benefits, discipline and termination of employment, shall not take into account the worker’s sex, age, race, colour, social origin, nationality or national extraction, trade union membership or non-membership or activities, or opinions, including religious or political opinions. In addition, section 117 prohibits discrimination based on disability and Act No. 174 of 2007 on protective measures for persons living with HIV/AIDS and other vulnerable groups prohibits discrimination in employment and occupation based on real or presumed HIV/AIDS status. The Committee requests the Government to provide information on the measures taken by the competent authorities to enforce these provisions, including relevant activities of the labour inspectorate and court decisions. In this regard, please indicate the number and nature of any cases addressed, including any sanctions imposed and remedies provided.

Sexual harassment. The Committee notes that the Government’s report contains no information on sexual harassment at work. Recalling that sexual harassment constitutes discrimination based on sex under the Convention, the Committee requests the Government to indicate the measures taken or envisaged to prevent and prohibit sexual harassment at work.

Article 2. National policy to promote equality of opportunity and treatment in employment and occupation. The Committee notes the information provided by the Government regarding its efforts to promote women’s access to employment and occupation and the existing obstacles in this regard, including traditional attitudes regarding women’s role in the family and society and discriminatory practices in the private sector excluding women during or following pregnancy. The Committee also notes that under section 31 of the Family Code the husband is the head of the family and that the wife must respect the prerogatives of the husband to whom she owes obedience. The Committee further notes Act No. 173/AN/02/4ieme (L) defining the national policy regarding the integration of women in development and the annexed National Strategy and Action plan. According to the National Action Plan, women’s access to employment in the private and public sectors remains very limited, whereas women are concentrated in the informal economy. The Committee requests the Government to provide further information on the following:

• (a) the measures taken to address traditional social attitudes impairing the right of women to equality in employment and occupation and discriminatory employment practices, and on whether pursuant to section 31 of the Family Code, a husband may prohibit his wife from taking up a professional activity;
• (b) the measures taken to promote equal participation of men and women in education, training and employment in the private and public sectors;
• (c) the measures taken to address the situation of women working in the informal economy, including through ensuring equal access to credit.

Article 3(d). Civil service. The Committee notes that section 6 of the Civil Service Act, 1983, provides that no distinction is made between the sexes in the application of the Act, except where it is provided otherwise under separate laws and where this is required by the nature of the post. The Committee requests the Government to provide full information on any separate provision made regarding the employment of women in the civil service, including any special conditions or requirements applying to women by reason of the nature of the post.

The Committee further notes Decree No. 83-098/PR/FP, 1983, regarding remuneration and social benefits granted to civil servants which provides for four types of family allowances. The Committee is concerned that the Decree’s provisions do not appear to provide for equality of opportunity and treatment of men and women with respect to family allowances, which is contrary to the Convention. The Committee requests the Government to indicate the following:

• (a) whether the allowance provided for in section 5 (“salaire unique”) is granted to married women civil servants on an equal footing with their male counterparts; and
• (b) the manner in which the child benefit is granted under sections 7 to 12 of the Decree in case both spouses are civil servants, and whether women civil servants have the right to receive child benefits in case the husband is employed elsewhere than in the civil service.

Article 5. Special measures of protection for women. Section 111 of the Labour Code provides that a decree of the responsible ministry, following an opinion of the National Labour Council, will establish the types of work and categories of enterprises prohibited for women, pregnant women and young persons. The Committee requests the Government to ensure that special measures excluding women from employment and occupation do not go beyond what is strictly required to protect maternity, since otherwise they would be contrary to the principle of equality of opportunity and treatment. The Committee also requests the Government to provide a copy of the Decree envisaged under section 111.

Section 112 provides that the labour inspectorate can order examinations into whether the work performed by women and young persons exceeds their physical strength. The Committee requests the Committee to provide information on the implementation, in practice, of section 112, and the number and outcomes of any such examination carried out in respect of women.