Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee recalls that, for several years, it has been raising a number of issues relating to the application of the Convention in law and in practice, seeking additional information from the Government on a number of issues. However, the Committee notes that, for the second consecutive time, the Government’s report does not reply to the Committee’s comments. The Committee urges the Government, therefore, to provide information on the all the outstanding issues as set out below.

Article 1 of the Convention. Grounds of discrimination. Article 32 of the Constitution states that no one can be discriminated against in their work on the grounds of origin, opinions, beliefs, sex or matrimonial situation, but does not include the other grounds of discrimination set out in Article 1(1)(a) of the Convention, particularly race and colour. In this regard, the Committee had already observed that the grounds of race and colour are of particular significance to promote and ensure equality of opportunity and treatment in employment and occupation in multi-ethnic societies. The Committee therefore requests the Government to amend the legislation to ensure that it addresses, as a minimum, discrimination based on all the grounds listed in the Convention, including race and colour. The Committee requests the Government to provide information on the steps taken in this regard.

Discrimination based on sex. Recalling that article 9 of Ordinance No. 006/PR/84 contains provisions granting the husband the right to object to the commercial activities of his spouse, the Committee notes that such provisions are incompatible with the Convention and urges the Government to take the necessary measures to repeal them. Recalling its 2002 general observation on sexual harassment, the Committee urges the Government to provide information on the measures taken, or envisaged, to address sexual harassment at work.

Article 2. National policy to promote equality. The Committee is concerned that the Government, for a numbers of years, has not provided any information on the measures taken to promote and ensure gender equality in employment and occupation, including equal access to education and training. The Committee therefore urges the Government to provide information on the measures taken, or envisaged, to adopted and pursue a national policy to promote and ensure equality of opportunity and treatment of men and women in employment and occupation, as well as in training and education at all levels. The Committee also urges the Government to provide information on the measures taken to address discrimination based on grounds other than sex.

Part V of the report form. Practical application and statistics. The Government previously indicated that no judicial decisions concerning the Convention had been issued and that no practical difficulties had been encountered with respect to its application. The Committee reiterates emphatically that the absence of cases brought before the courts is not necessarily an indication that discrimination does not exist in practice. It also emphasizes again the need to collect and analyse appropriate statistics. In addition, the Committee stresses that the Government, in cooperation with workers’ and employers’ organizations and other appropriate bodies, should take measures to promote awareness and understanding of the principle of equality at work, with a view to securing observance of the Convention. The Committee requests the Government to make every effort to collect and provide statistical information disaggregated by sex, national extraction and religion in employment and occupation in the private and public sectors, as well as information on the measures taken or envisaged to promote awareness and understanding of the principle of equality at work among relevant public officials, workers’ and employers’ representatives, the judiciary and the public at large.