Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee takes note of the reports of the Government, and of the attached annexes. However, it notes that the Government repeats its previous explanations without providing information in response to the Committee’s previous remarks and requests. Therefore the Committee is bound to repeat its previous comments that read as follows:

1. With regard to point 2 of its previous direct request, the Committee asks the Government to provide in its next report information on the activities undertaken by the National Council for Women, established in 1997, with the mandate of promoting the advancement of the status of women in the country and to conduct and disseminate research in this area. It also asks the Government to supply a copy of this council’s annual report and the information documents and studies published as well as information on tripartite involvement in such activities.

2. The Committee notes the Government’s statement in its report to the effect that there is no inequality of remuneration between men and women workers since remuneration is attached to jobs, regardless of sex. In its 1998 general observation concerning this Convention, the Committee emphasized the constant efforts that must be made by governments to apply the Convention fully; efforts must be made that go beyond the mere removal of male and female wage classifications. It emphasized that an analysis of the position and pay of men and women in all job categories within and between the various sectors is required to address fully the continuing remuneration gap between men and women which is based on sex. The Committee notes that, according to the Government’s 1998 report, a national survey on wages was due to start in September 1998 which would incorporate the concerns previously raised by the Committee concerning the distribution between men and women at the various wage levels, and particularly in the occupations and sectors employing a large number of women, in both the private and public sectors. It asks the Government to indicate whether this survey has been completed, in which case it asks it to supply the results in order to enable it to ascertain to what extent the principle laid down in the Convention and in national legislation in section 84 of Act No. 90-11 of 21 April 1990 regarding labour relations is actually applied in practice.

3. The Committee wishes to draw the Government’s attention to the fact that, when employment evaluation plans use market salary rates to establish the relative weight of criteria, it is possible that these weightings tend to reflect traditional discrimination in the labour market stemming from sexist prejudices or stereotypical perceptions, which result in the under-evaluation of employment carried out principally by women. This is why the Committee recommends the establishment of evaluation systems for occupations in which women predominate and those in which men predominate in order to identify and remedy cases of wage discrimination. In addition, even when the State does not intervene directly in determining wages, it is nevertheless under an obligation, pursuant to Article 2 of the Convention, to ensure the application of the principle of equal remuneration, particularly when it has the legal power to do so under constitutional or legislative provisions. The Committee therefore asks the Government once again to supply information on the measures taken or envisaged: (a) to ensure application of the principle of equal remuneration for male and female workers for work of equal value in the spheres in which it can exert direct or indirect influence on the determination of wage scales; (b) to encourage application of the principle of equal remuneration in cases where the Government is excluded from the wage-fixing machinery; and (c) to cooperate with employers and workers for the purpose of giving effect to the Convention and national legislation on the subject.

In order to ascertain the state of the application of the Convention the Committee hopes that the Government will provide with its next report full information in reply to each of these points, and statistical data disaggregated by sex.