Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Repetition

Article 1(1)(a) of the Convention. Grounds of discrimination – National extraction and social origin. For a number of years, the Committee has been noting the absence of an explicit prohibition of discrimination in the national Constitution (article 14(3)) or the Labour Code (section C4(1)) on the basis of national extraction and social origin. In its 2012 report, the Government indicated that, when the new Labour Code would be published, national extraction and social origin would be included to give full effect to the Convention. The Committee notes with regret the persistent lack of information in the Government’s latest report on the concrete steps taken to ensure and promote protection of workers against discrimination with respect to these grounds in law or in practice. The Committee recalls that even as the relevance of each of the grounds enumerated in the Convention may be different for each country, new forms of discrimination may emerge over time due to labour market and societal changes, and need to be addressed. Further, where provisions are adopted in order to give effect to the principle of the Convention, they should at least include all the grounds of discrimination laid down in Article 1(1)(a) (2012 General Survey on the fundamental Conventions, paragraph 853). The Committee requests the Government to ensure that workers are protected in law and in practice, against direct and indirect discrimination on the basis of national extraction and social origin, in all aspects of employment and occupation, and to monitor emerging forms of discrimination that may result or lead to discrimination in employment and occupation on the basis of these grounds, and to report in detail on the progress made. Noting the Government’s indication that the National Labour Board has reviewed the Labour Code and submitted a report to the relevant authority for the necessary action to be taken, the Committee hopes that the revised text of the Labour Code will include specific provisions defining and prohibiting direct and indirect discrimination, in all aspects of employment and occupation, and with respect to all the grounds of discrimination set out in the Convention, namely race, colour, sex, religion, political opinion, national extraction and social origin, and requests it to provide information on the progress made.

Article 2. Equality between men and women. Access to employment, vocational training and education. The Committee notes that the Government continues to provide very general information relating to its national policy to promote and ensure equality of opportunity and treatment of men and women with respect to access to employment, education and vocational training. With a view to enabling the Committee to assess in an effective way the progress made in ensuring equality of opportunity and treatment between men and women, the Committee urges the Government to take concrete steps to collect, analyse, and provide statistical information, disaggregated by sex, on the participation of men and women in education at all stages and various vocational training courses offered, as well as statistics on the number of men and women that have filled vacancies following such training, including for jobs traditionally held by the other sex. The Committee also urges the Government to provide detailed information on recent initiatives taken or envisaged to promote women’s participation in courses and jobs traditionally held by men, including up to date information on the courses offered by the Gender Affairs Department and the Ministry of Education, as well as the Institute of Continuing Education.