Observación (CEACR) - Adopción: 2010, Publicación: 100ª reunión CIT (2011)

The Committee recalls its previous observation which addressed the following issues: (1) Resolution No. 162 adopted by the Government on 25 February 2000 which contains a list of industries, occupations and work from which women are excluded; (2) the enforcement of the Labour Code’s non-discrimination provisions; (3) equality of opportunity and treatment for men and women; and (4) equality of opportunity and treatment of ethnic minorities and indigenous peoples.

The Committee notes the discussion that took place in the Conference Committee on the Application of Standards in June 2010. In its conclusions, the Conference Committee raised concerns regarding Resolution No. 162 of 25 February 2000 which excludes women from being employed in 456 occupations and 38 branches of industry, and section 253 of the Labour Code, which provides that the employment of women in arduous work and work in harmful or dangerous conditions shall be limited. The Conference Committee noted that Resolution No. 162 and section 253 of the Labour Code went beyond protecting women’s reproductive health and broadly restricted their access to occupations and sectors that involve equal health and safety risks to men and women, and it urged the Government to take steps to revise section 253 of the Labour Code and Resolution No. 162 to ensure that any limitations on the work that can be undertaken by women are not based on stereotyped perceptions regarding their capacity and role in society and are strictly limited to measures to protect maternity. The Conference Committee asked the Government to ensure that the planned review of the existing system of health and safety protection addressed the need to provide a safe and healthy working environment for both men and women, and one that would not lead to measures hindering women’s participation in the labour market. The Conference Committee also asked the Government to take measures to address the legal and practical barriers to women’s access to the broadest possible range of sectors and industries, as well as at all levels of responsibility, and it urged the Government to take measures, through tripartite consultation, to ensure non-discrimination and promote equality of opportunity and treatment in employment and occupation for all groups protected under the Convention, including ethnic minorities. Such measures should include strengthening the legal framework, which should address direct and indirect discrimination and the burden of proof, and provide for effective remedies in discrimination cases. The strengthening and establishment of appropriate mechanisms to promote, analyse and monitor equality of opportunity and treatment in employment and occupation should also be part of these measures.

The Committee notes with regret that the Government’s report has not been received, despite the fact that the Conference Committee expressly requested the Government to include in its report to the Committee of Experts complete information replying to all the matters raised by the Conference Committee and the Committee of Experts, including relevant statistical information disaggregated by sex. In these circumstances, the Committee urges the Government to make every effort to reply to its previous comments, as well as to the conclusions of the Conference Committee.