Observación (CEACR) - Adopción: 2008, Publicación: 98ª reunión CIT (2009)

Articles 2 and 3 of the Convention. Application of the Convention with regard to the grounds of race, colour, religion, political opinion, national extraction and social origin. In its previous observation, the Committee pointed out that it was not in a position to assess adequately the progress made by the Government in applying the provisions of the Convention owing to the insufficient information provided by the Government in its report. The Committee therefore urged the Government to provide full information on a number of points relating to the practical application of the principle of equality of opportunity and treatment in employment and occupation, including the concrete steps taken to pursue a national policy promoting this principle with respect to race, colour, religion, political opinion, national extraction and social origin, and the results achieved.

Noting that the Government submits once more that the national legal framework currently in force in the country does not contain any discriminatory provisions, the Committee wishes to emphasize that the absence of discriminatory provisions in the national legislation is not sufficient to fulfil the obligations under the Convention, and is not an indicator of an absence of discrimination in practice. In particular, the Committee stresses that by ratifying the Convention, the Government has undertaken to take measures to promote equality of opportunity and treatment in employment and occupation in the framework of a national policy, with a view to the elimination of discrimination. While the choice of the concrete measures to be taken is left to the Government in view of the national conditions and practice, the Convention requires that these measures be effective. The Committee also recalls that under Article 3(f) of the Convention, the Government is called to indicate in its report the action taken in pursuance of this national policy and the results secured by such action. The Committee notes that the Tenth Five-Year Plan for 2006–10 aims, among other things, at developing specific measures to increase employment opportunities and that one of the objectives of the Decent Work Country Programme 2008–10 is to increase employment opportunities and to promote compliance with the ILO Declaration on Fundamental Principles and Rights at Work. The Committee requests the Government to provide full information on the concrete measures taken, including any relevant follow-up under the Five-Year Plan and the Decent Work Country Programme, to promote equality of opportunity in employment and occupation with respect to race, colour, religion, political opinion, national extraction and social origin, and the impact of such measures on eliminating discrimination on those grounds.

Access of women to employment and occupation. The Committee notes from the Decent Work Country Programme 2008–10 that unemployment rates among young women are almost twice as high as those among young men and that 50 per cent of young women (aged 15–29) are neither in the labour force nor in school, indicating the existence of barriers to their access to the labour market. The Committee notes the Government’s indication that various measures have been taken to address traditional stereotypes regarding women’s role in society hindering their participation in the labour market. The Committee also notes that a national strategy for women (2006–10) was developed by the Women’s Federation Union in collaboration with UNDP and the Central Office of Statistics. The Committee further notes that according to the Government’s report, women’s participation in decision-making positions increased as a result of the implementation of the Five-Year Plan and their representation in the Parliament reached 12 per cent. The Committee requests the Government to provide further information on the measures taken or envisaged with a view to promoting women’s access to a wider range of occupations and increasing their chances of career advancement in both the public and the private sectors. In particular, the Committee requests specific information regarding steps taken to address the obstacles to women’s access to the labour market and the persistent occupational sex segregation, including pursuant to the follow-up to the Five-Year Plan and the Decent Work Country Programme. Please also provide further details on the National Strategy for Women (2006–10) and the measures taken or envisaged to implement it. Recalling the importance of gathering statistical information on the distribution of men and women in the different economic sectors, occupational categories and positions in order to have a general appreciation of the progress made in applying the Convention, the Committee further requests the Government to collect and submit such information.

Access of women to education and vocational training. The Committee notes from the Government’s report that in 2005–06 women represented 48 per cent of the total number of students enrolled in primary school and 49 per cent of the students enrolled in secondary school. As to the access to university education, while complete statistics were not provided, the Committee notes from the Government’s report that women are mainly enrolled in colleges or arts and education, with men being concentrated in colleges of science, medicine, engineering, computing and politics. The Committee also notes that women account for approximately 29 per cent of those holding master’s degrees and 28.5 per cent of those with doctorates. With regard to vocational training, the Committee notes the initiatives carried out by the Ministry of Agriculture with respect to rural women as well as the training in, among other things, sewing, hairdressing, ceramics and pottery supplied by the Women’s Federation Union. The Committee requests the Government to provide specific information on measures taken to promote women’s access to education and vocational training courses traditionally dominated by men, including information on the impact of the general educational strategies. Please also provide statistics, disaggregated by sex, on the participation of women and men in the training courses and vocational training centres, and in the various university programmes.

Enforcement. The Committee notes the Government’s statement that, since all citizens are equal before the law, no difficulties are encountered by specific segments of the national population in having access to complaints procedures. The Committee draws the Government’s attention to the fact that some groups of the population may find themselves particularly vulnerable to discrimination, despite the existence of legislative protection. Owing to the lack of awareness of the principle of the Convention, lack of practical access to procedures, or fear of reprisals, they may also encounter serious difficulties in lodging complaints before the competent authorities. The Committee therefore once again requests the Government to provide information regarding the following:

(i)    the measures taken to increase the knowledge and understanding, including among ethnic minority Kurds and Bedouins, of the objectives of the Convention and of the legal provisions providing for equality of opportunity and treatment in employment and occupation; and

(ii)   the measures taken, through surveys or otherwise, to undertake an evaluation of the effectiveness of the complaints procedures, including any practical difficulties encountered by women or men, including minority groups, in seeking judicial remedies with regard to cases of discrimination on the basis of all the grounds covered by the Convention.

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