Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with regret that the Government’s report has not been received. However, it notes that a new Labour Code was adopted in 2006.

Article 1, paragraph 1(a) and (b) and paragraph 3, of the Convention. Prohibition of discrimination in employment and occupation. The Committee notes with interest that section 3 of the Labour Code 2006 prohibits all direct and indirect discrimination in employment and occupation based on sex, race, colour, religion, ethnic belonging, political and philosophical opinion, social origin, legal status, national extraction, health status or disability. It also notes that section 39 of the new Code specifically prohibits discrimination on the basis of origin, sex, morals, family situation, ethnic, national or racial belonging, political opinion, trade union or association activity, or religious belief, health status and disability with respect to recruitment, disciplinary sanctions or dismissal. Section 42 requires company managers to take the necessary measures to prevent acts committed in violation of sections 39 and 40 (sexual harassment) of the Labour Act. The Committee asks the Government to confirm that the protection against discrimination in section 3 of the Labour Code 2006 also covers discrimination with respect to terms and conditions of employment, as well as access to vocational training. It also asks the Government to provide information on the measures taken by employers to prevent discrimination in the workplace in accordance with section 42 of the Code.

Article 1, paragraph 1(a). Sexual harassment. The Committee notes that section 40 of the new Labour Code 2006 prohibits dismissal of or sanctions against an employee for having refused quid pro quo sexual harassment by an employer, his or her representative or any other person. The Committee notes that section 40 only provides limited protection against sexual harassment as it still does not include sexual harassment due to a hostile working environment. The Committee refers the Government to its general observation of 2002 and asks the Government to take the necessary measures to amend section 40 of the Labour Code 2006 so as to also provide protection against sexual harassment due to a hostile working environment. The Government is also requested to provide copies of the action plans for the protection and promotion of women, which include protection against sexual harassment, as well as information on the results achieved in the effective prevention of, and protection against, sexual harassment in the workplace.

Discrimination on the basis of sex. The Committee recalls the Government’s previous statement that the new draft of the Family Code would improve the status of women and aims to make the national legislation compatible with the provisions of the Convention. The Committee asks the Government to provide information on the progress made with respect to the adoption of the Family Code.

The Committee hopes that a report will be supplied for examination at its next session and that it will contain full information on the matters above, as well as the matters raised in its previous direct request, which read, in relevant parts, as follows:

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Articles 2 and 3(e). Equality of treatment. Access of women to vocational training and education. The Committee notes the statistics highlighting the progress made with regard to the access of women and girls to education and vocational training. It thanks the Government for these data but notes that they also indicate that inequalities between men and women continue to persist. The Committee notes the action taken by the Government to encourage girls to subscribe to more technical training courses and to address sex stereotypes in education. It asks the Government to provide information on the impact of these activities, as well as any other measures to counter practical obstacles to girls’ education on the attendance of girls at the various levels and types of education. Please also provide practical information on the number of women that benefited from the training by the Regional Centres for Technical Education and Vocational Training and who have created their own enterprise.

Article 3(d). Employment of women in the public sector. The Committee notes that women’s share of the public sector employees is only 21.4 per cent and that they are concentrated in the health and education ministries. They also represent only about 12 per cent of the employees in levels A1 and A2 respectively and are underrepresented in decision-making posts, including in the education sector where a relatively higher number of women are being employed. The Committee notes the activities undertaken with the help of civil society and trade unions to promote female leadership. It asks the Government to provide information on how these have helped women to move into higher level posts, including in the education sector. Noting with some concern that the 1996–2005 Action Plan for the Advancement of Women has not been implemented due to lack of financial resources, the Committee hopes that the Government will be in a position in the future to allocate the necessary resources to carry out the plan. In the meantime, the Government is asked to continue its efforts to promote the upward mobility of women and their access to a wider variety of jobs in the public sector.

Article 3(b). Educational programmes. The Committee asks the Government to provide details on the information and training programmes carried out by the Ministry of Social Affairs and the Promotion of Women, the Ministry for Human Rights and the Ministry of Labour to disseminate the principle contained in the Convention.

Part V of the report form. Practical application with respect to national extraction, race and colour. The Committee reiterates its previous request to the Government to provide information on any measure taken or envisaged to eliminate discriminatory practices against ethnic minorities in private sector hiring, as these practices constitute an obstacle to the application of the Convention.