Solicitud directa (CEACR) - Adopción: 2005, Publicación: 95ª reunión CIT (2006)

1. Article 1 of the Convention. Sexual harassment. The Committee notes that the Penal Code has been revised by Act No. 04-15 of 10 November 2004 to include a reference to sexual harassment. Section 341bis of the Code provides that "any person who harasses someone by giving orders, using threats, imposing constraints and exercising serious pressure to obtain favours of a sexual nature by abusing the authority given by his or her functions, shall be punished with imprisonment of two months to one year and with a fine of 50,000 to 100,000 DA". With reference to its 2002 general observation, the Committee recalls the importance of taking measures to address sexual harassment in order to promote equality of opportunity and treatment in employment and occupation. The Committee notes that there are two types of sexual harassment that need to be addressed: quid pro quo harassment, which is reflected in the terms of section 341bis, and hostile work environment, involving conduct that creates an intimidating, hostile or humiliating work environment. The Committee requests the Government to provide information on any measures to protect workers from sexual harassment due to a hostile working environment, and to prevent such harassment, as it is not covered under section 341bis. The Committee also requests information on the practical application of section 341bis, including regarding the number and outcomes of any cases brought before the court.

2. The Committee notes with interest that section 39 of the Family Code, providing for the duty of the wife to obey her husband, has been repealed by Act No. 05-02 of 27 February 2005. The Committee notes that this is an important step towards the promotion of gender equality in respect of employment and occupation.

3. Article 2. Promotion of the principle of the Convention. The Committee notes from the Government’s report on the Equal Remuneration Convention, 1951 (No. 100), that the National Council for Women, created by Executive Decree No. 97-98 in 1997, was officially constituted on 8 March 2005 and is currently defining its operational structure and preparing its programme of activities. The Committee expresses the hope that the Council will soon be able to begin its work. The Committee reiterates its request to supply in the next report a copy of the most recent report of this body and to provide information on its activities, including regarding tripartite involvement to promote the principle of the Convention. The Committee further requests the Government to provide information on the activities of the Ministry for the Family and the Status of Women.

4. Article 5. Special measures of protection. For a number of years, the Committee has invited the Government to consider the possibility of reviewing the provisions relating to prohibiting night work of women or refraining from assigning women to work that is dangerous, insalubrious or harmful to the health. Such a review would help to determine whether it would still be necessary to prohibit access of women to certain occupations, in view of the improvement of working conditions and also changes in attitudes. Noting the Government’s indication that the protective measures are justified as they allow women workers to harmonize their working lives with their family responsibilities, the Committee recalls that certain measures taken for women workers because of family responsibilities can effectively become a hindrance to equality in employment and a major cause of direct or indirect discrimination against women. The Committee requests the Government to carry out a review of the protective measures, in consultation with the social partners and in particular with women workers, regarding the continued need for such measures. If such measures are deemed to be appropriate in the light of the need to balance work and family responsibilities, they should be progressively extended to men, so that they no longer reduce women’s competitiveness in the labour market. The Committee requests the Government to indicate any progress in this regard in its next report.

5. Application of the Convention with respect to other grounds covered in Article 1(1)(a). The Government is requested to provide information on the measures taken to promote equality of opportunity and treatment in employment and occupation in law and practice with respect to the grounds of race, colour, national extraction, religion, political opinion and social origin.