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

1. Article 1(1)(a) of the Convention. Discrimination on the basis of sex. Sexual harassment. Recalling its 2002 general observation, the Committee notes the Government’s indication that at present, there are no laws dealing with sexual harassment in the workplace. The Committee notes, however, the Government’s reference to other statutory provisions in the Labour Law (section 51(2)), the Public Service Act (section 75) and the Criminal Code designed to uphold the dignity of employees and employers. The Committee considers these provisions alone are likely insufficient to protect against sexual harassment in the workplace. The Committee is nonetheless encouraged by the Government’s apparent intention to develop legal rules in the future that specifically address sexual harassment. The Committee, therefore, asks the Government to keep it informed of any legislative measures taken to define and prohibit sexual harassment in line with the Committee’s general observation, along with any practical measures adopted to discourage sexual harassment in the workplace. The Committee also asks the Government to indicate whether any cases of sexual harassment have been brought before the courts or other competent authorities invoking the abovementioned provisions and what remedies or sanctions were applied.

2. Article 2. Equality of men and women in employment and occupation. The Committee notes the information in the Government’s report describing its follow-up to the recommendations of the 1997 Conference on "Women and the labour market". It notes that a few of these recommendations, including the one on maternity leave, were immediately approved by the Council of Ministers and put into practice. Subsequently, other recommendations (the creation of a High Committee for Family Affairs and an administrative tribunal for civil servants and workers) were also adopted. The Committee further notes that at present, the recommendation on granting equal housing allowances for female civil servants has started to be applied. The Committee requests the Government to continue to supply details on the implementation of these recommendations and, in particular, to provide information on the work of the High Committee for Family Affairs and the administrative tribunal with respect to discrimination in employment and occupation.

3. Further, the Committee notes with interest the information in the Government’s report on a number of initiatives aimed at addressing the situation of women’s employment in the country. For example, the self-employment project in collaboration with the ILO targeting unemployed female graduates and envisioning the creation of a small enterprises training centre for women. The Committee encourages the Government to continue its efforts to study and improve the working opportunities of women and asks that in subsequent reports, the Government provide detailed information on the outcomes of these initiatives.

4. With regard to the implementation of the five-year plan (2001-05), the Committee notes the Government’s explanation for how it gathered data to determine the anticipated number of workers needed to supply the labour market in the coming years in both the public and private sectors. The Government’s report does not clarify, however, why male and female workers are considered separately in determining this demand. The Committee is concerned that segregating the needs of the labour market on the basis of sex risks predetermining the educational and work opportunities available to men and women and, accordingly, is detrimental to the principle of equality of opportunity and treatment in employment. The Committee asks the Government to indicate why, under the five-year plan, the anticipated demand for workers is different for men and women in the public and private sectors and, specifically, what sorts of jobs are anticipated to be filled by male graduates in comparison with female graduates.

5. Article 3(c). Employment of women in the public service. The Committee thanks the Government for its explanations concerning the repeal of section 82 of the Civil Public Employment Act which authorized the authorities to terminate the employment contracts of nurses as from the fifth month of pregnancy. It notes the Government’s statement that nurses are now subject to the same rules as civil servants under the authority of the Public Service Act (Act No. 1 of 2001) and that this law covers rules on maternity leave. The Committee nonetheless asks the Government to indicate the impact, in practice, of this change in law on the employment of female nurses (i.e. do pregnant nurses in fact work beyond their fifth month of pregnancy and how many are returning to work after childbirth).

5. Article 5. Special measures of protection or assistance. With reference to the newly adopted Labour Law, 2004, the Committee notes with interest the inclusion of provisions on maternity leave (section 96), and rest intervals for nursing female workers (section 97). The Committee hopes that the application of these provisions in practice will have a positive effect on women’s equal participation in the labour market. The Committee also notes that protective measures are anticipated under section 94 whereby women are prohibited from employment in dangerous, arduous work, work detrimental to their health, morals or other work to be specified by a decision of the minister. Similarly in section 95, the minister has the discretion to decide the times during which women are allowed to work. The Committee would be grateful if the Government would provide information on the impact of the maternity protection available under the Labour Law on women’s equality of opportunity and treatment. The Government is requested to provide a copy of any regulations issued under sections 94 and 95 of the Labour Law concerning industries, occupations and jobs which are prohibited to female workers and concerning working time.