Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. Article 1(1)(a) of the Convention. Discrimination on the basis of sex. Sexual harassment. The Committee notes from the Government’s report that recent amendments to the Penal Code introduced the offence of sexual harassment. Section 281(1) of the Penal Code imposes for harassment of others with the objective of obtaining favours of sexual nature using orders, threats and force three to six months of imprisonment or a fine between 10,000 and 100,000 francs. The Government indicates that this provision protects all persons, including job applicants and trainees. The Committee asks the Government to provide information on the application of section 281(1) of the Penal Code by the courts, including copies of any relevant decision. Please also provide information on measures taken to address sexual harassment, including any initiatives to raise awareness among workers’ and employers’ organizations.

2. Article 2. Gender equality in training and education. The Committee notes from the Government’s report under Convention No. 100 that some progress has been made in increasing the school attendance of girls. In this regard, a target of 60 per cent has been set for 2007. The Committee asks the Government to continue to provide information on measures taken to promote education of boys and girls, including vocational training, and any results achieved in increasing the currently low percentage of women in all branches of activities and professional categories.

3. Obligation to declare and pursue a national policy to promote equality of opportunity and treatment. The Committee requests the Government once again to indicate how a national policy to promote equality of opportunity and treatment in respect of employment and occupation has been drawn up, as well as the general methods (legal procedures, practical forms of action, etc.) through which this policy is implemented in respect of the grounds of discrimination forbidden by the Convention (race, colour, sex, religion, political opinion, national extraction and social origin) as regards: (a) access to vocational training; (b) access to employment and different occupations; and (c) employment conditions. The Government is also requested to provide:

-  information on any progress made in regard to the review of legislation concerning gender equality referred to by the Government previously;

-  statistical information regarding the participation of men and women in private and public employment, as well as the various fields of technical and vocational training;

-  further information on the implementation of Act No. 2000-008 which introduced a quota system to ensure women’s access to the civil service.

4. Article 3. Cooperation with workers’ and employers’ organizations. The Committee has, on various occasions, pointed to the importance of the Government’s cooperation with employers’ and workers’ organizations to advance the acceptance and observance of the national policy to promote equality of opportunity in employment and occupation. The Government is therefore requested to make every possible effort to obtain the collaboration of these organizations and to indicate to the Committee any tripartite effort made to promote the application of the Convention.

5. Educational programmes and other promotional activities. The Committee recalls its previous comments on the need to promote and carry out educational programmes to raise awareness on non-discrimination and equality. Please provide information on any measures taken to promote and carry out educational programmes on equality of opportunity and treatment in employment and occupation.

6. Article 5. Special measures. The Committee recalls its previous comments concerning section 101 of the Labour Code and Decree No. 67-26 of 7 September 1967 which provide for certain exclusions of women from employment for safety and health reasons. The Government is requested to indicate whether any efforts have been undertaken to re-examine these restrictions, in consultation with social partners and women workers, to assess whether they are still necessary, in the light of the principle of equality and technical developments.