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

Sexual harassment. The Committee notes from the Government’s report that the Basic Conditions of Work Bill has been replaced by the Employment Standards Bill and that this Bill will address the issue of sexual harassment in the workplace. The Committee asks the Government to provide the text of Employment Standards Act as soon as it is adopted.

Equality of opportunity and treatment of men and women. The Committee notes the Government’s statement that the disparity between the unemployment rates of men and women was because women continue to shoulder greater family and household responsibilities. The Committee considers that this may be an explanation for women’s lower labour force participation rate rather than for their high level of unemployment, as compared to men. According to statistical data compiled by the ILO for 2005, the unemployment rate for men was 5.8 per cent compared with 11 per cent for women. The Committee notes from the report that a number of measures are being taken to promote women’s access to the labour market, including through providing childcare services, breastfeeding facilities, and enterprise policies that facilitate workers with family responsibilities. The Committee also notes that the National Gender Policy and Action Plan is still under preparation. The Committee requests the Government to provide the following:

(a)   detailed information on the measures taken to promote and ensure equality of opportunity and treatment of men and women in employment and occupation, including information on the results achieved by such action;

(b)   statistical information on the employment situation of men and women;

(c)   a copy of the National Gender Policy and Action Plan as soon as they are adopted;

(d)   information on the progress made in promoting and providing vocational training to women, including in non-traditional occupations, and the measures taken to ensure that such training leads to employment;

(e)   information on any cases of discrimination based on sex addressed by the competent authorities.

Prohibition of women performing certain jobs. In its previous comments the Committee had noted the enactment of the Occupational Safety and Health Act No. 1 of 2004, which in section 98 repeals the Factories Ordinance, 1948, and the Employment of Women (Night Work) Act, both of which contained provisions excluding women from certain jobs. As section 98(2) of the Act provides that any regulations, orders or statutory instruments made under the Factories Ordinance shall continue to be in force, the Committee had asked the Government to indicate if there are any other protective measures still in effect excluding women from certain types of employment. Noting the Government’s indication that a reply will be provided at a later date, the Committee requests the Government to provide the information requested in its next report.

Public service. The Committee notes from the Government’s report that various measures have been taken to increase the transparency in the process of recruitment for employment in the public service. Noting that the Government is collecting data concerning recruitment and appointment in the public service, disaggregated by sex, the Committee requests the Government to provide statistical information on the distribution of men and women in the different parts of the civil service, at all levels. The Committee also asks the Government to indicate how the access of minorities to the public service is being monitored, given that no information on recruitment and appointments based on ethnicity is being collected.