Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report contains no reply to its previous comments. It is therefore bound to repeat its previous observation, which raised the following matters:

Legislative developments. The Committee notes that section 27 of the general conditions of service of the public service, enacted in 2006, prohibits any discrimination among public employees on the grounds of their opinions, sex, origin and any other personal or social condition. The Committee also notes that section 17 of Act No. 90-11 on labour relations prohibits any provision in an agreement, collective agreement or employment contract which gives rise to discrimination in employment, remuneration or working conditions on grounds of age, sex, social or marital situation, family relations, political convictions and membership or not of a trade union. The Committee is aware that the labour legislation is under revision. The Committee urges the Government to seize the opportunity of the formulation of the new Labour Code to ensure that the new provisions of the Code prohibit discrimination at all stages of employment and occupation on all the grounds set out in the Convention, including those not covered by the 1990 labour legislation, namely race, colour, religion and national extraction. The Committee requests the Government to provide information on the progress achieved in the revision of the labour legislation. The Committee invites the Government to provide a copy of the draft Labour Code to the International Labour Office before the adoption of the final text so that it can assist the Government in its efforts to guarantee the application of the principles of the Convention in the new legislation.

Article 1 of the Convention. Sexual harassment. In its previous comments, the Committee noted that section 341bis of the Penal Code only appears to cover quid pro quo sexual harassment. The Committee recalls that there are two types of sexual harassment that need to be addressed by legislation, quid pro quo sexual harassment and sexual harassment due to a hostile working environment, which takes the form of an intimidating, hostile or humiliating work environment. For further guidance, the Committee draws the Government’s attention to its 2002 general observation on this subject. The Committee reminds the Government that sexual harassment at work undermines the dignity and well-being of workers, as well as enterprise productivity and the basis of the working relationship. In view of the serious consequences of these practices, the Committee hopes the new Labour Code will ensure complete protection against sexual harassment by prohibiting quid pro quo sexual harassment and harassment due to a hostile work environment, and it requests the Government to provide information in this respect. The Committee also requests the Government to provide information on the measures adopted with a view to preventing sexual harassment and protecting workers against it in employment and occupation, including information on any education and awareness raising campaigns and the organization of activities in collaboration with employers’ and workers’ organizations.

Articles 2 and 3. National policy. Discrimination based on sex. In its previous comments, the Committee expressed concern at the low participation of women in employment and the persistence of strongly stereotyped attitudes with respect to the roles and responsibilities of women and men in society and in the family. The Committee also emphasized the negative impact of these attitudes on the access of women to employment and training. The Committee notes the Government’s indication that the applicable training and qualification programmes are not restrictive or discriminatory on the ground of sex and that the choice of subjects for training is an individual matter. The Committee draws the Government’s attention to the fact that in practice there are two forms of discrimination in access to training. Discrimination may be a result of laws or regulations which give rise to direct discrimination or, more frequently, practices based on stereotypes mainly related to the role of women in society. As a consequence, and in order to give full effect to the provisions of the Convention, it is necessary, firstly, to adopt legislation that is in conformity with the principle of equality and, secondly, to accompany this legislation with proactive measures through which de facto inequalities affecting women can be corrected. The Committee once again requests the Government to take urgent and proactive measures to further its national policy to promote equality of opportunity and treatment for women in respect of employment and occupation, including efforts to address stereotyped attitudes, and to provide information any progress in this respect. The Committee once again requests the Government to provide information on the measures adopted or envisaged to facilitate and encourage the access of women and girls to more diversified vocational training opportunities, including those leading to traditionally male occupations, so as to afford them greater opportunities to enter the labour market.

Article 5. Special protection measures. For a number of years, the Committee has been urging the Government to give its attention to the importance of reviewing the provisions prohibiting night work for women, as well as the assignment of women to work that is dangerous, insalubrious or harmful to their health. The Committee considers that, when reviewing these provisions, a distinction should be made between special measures to protect maternity and measures based on stereotyped perceptions of the capacity and role of women in society. The Committee draws the Government’s attention to the fact that all other measures intended to protect women on the sole grounds of their sex may seriously undermine the principle of equality of treatment and opportunity. The Committee requests the Government to provide information on the revision of the labour legislation with regard to night work by women and their assignment to hazardous, insalubrious or harmful types of work. The Committee requests the Government to ensure that, in the context of the new Labour Code, the restrictions relating to the access of women to certain types of work are limited to maternity protection and it requests the Government to keep it informed on this point.

The Committee is raising other points in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.