Demande directe (CEACR) - adoptée 1993, publiée 80ème session CIT (1993)

Referring to its previous direct requests, the Committee takes note of the information communicated by the Government in its report as well as the attached statistical tables.

1. Regarding the literacy campaigns, the Committee notes with interest the activities undertaken by the Ministry of Culture in collaboration with the General Federation of Women and several international organizations. It observes that, according to the statistical table on the number of persons inscribed and the number completing literacy classes for the period 1985-90, the number of girls taking part has increased markedly. The Committee requests the Government to continue to supply information on progress achieved in respect of literacy for girls.

2. With regard to the participation of women in education and vocational training programmes, the Committee notes from the statistical tables that the number of girls inscribed in intermediate and secondary schools and vocational training centres is, without exception, much lower than that of boys. It asks the Government to indicate in its next report what are the obstacles hindering an increased participation of females in secondary schooling and in training programmes and what specific measures have been taken or are envisaged to reduce the wide difference in the numbers of both sexes in training courses, in particular in the technical and industrial fields. It would also like to have recent statistics on the distribution by sex of primary school pupils, as well as for higher school institutions and universities.

3. As for the participation of women in public and private employment, the Committee notes the Government's statement that there is no need to take measures for the promotion of women's employment in public and private sectors since the legislation (sections 1 and 8 of the regulations concerning state employees and section 2 of the Labour Code) gives all individuals the opportunity to work without any discrimination. However, the Committee notes that a much weaker percentage of women than men occupy posts in these two sectors, except in the teaching, health and social services. According to the statistical tables supplied by the Government for 1990 on the distribution of state employees by sex and by service, and on the distribution by sex and economic sector of employees in both public and private sectors, the number of women employed in the public sector varies between 4.2 per cent and 52.1 per cent, the average being 23.7 per cent, and in the private sector between 1.7 per cent and 38 per cent, the average employment level being 18 per cent.

The Committee observes that the measures to be taken by the Government under the terms of the Convention are not confined to adopting laws and regulations prohibiting discrimination or providing for equality, but that they also involve the adoption and application of a national policy, including positive measures, to promote equality of opportunity and treatment in respect of access to training and employment. Referring to paragraphs 15, 57 and 170 of its 1988 General Survey on Equality in Employment and Occupation where it particularly stresses the positive nature of measures to be taken in pursuing the national policy required under Articles 2 and 3 of the Convention and of the need to supply details on the action taken, the Committee asks the Government to indicate in its next report the specific measures taken or envisaged to promote the access of women to public and private employment, in particular to occupations considered to be traditionally reserved for men. Please supply information on the results obtained, including statistics on the percentage of women employed at the different levels and the number of women holding posts of responsibility.

4. The Committee recalls its previous comments concerning Ministerial Order No. 856/b of 1985 relating to convictions for "shameful acts" and section 65(i) of Act No. 1 of 1985 which prohibits workers employed by the State from belonging to an association or group pursuing illegal aims threatening the interests of the State. The Government indicates that no court decision has been rendered concerning crimes against state security as set out in these instruments and that there are no associations or groups to which section 65(i) of Act No. 1 might apply. The Committee takes note of these explanations. It recalls in this respect paragraphs 134 to 138 of its 1988 General Survey and, in particular, that "the application of measures intended to protect the security of the State must be examined in the light of the bearing which the activities concerned may have on the actual performance of the job, tasks or occupation of the person concerned. Otherwise there is a danger, and even a likelihood that such measures entail distinctions and exclusions based on political opinion ... which would be contrary to the Convention." It hopes that the next report will indicate the measures taken or envisaged so as to ensure that people can only be refused employment or be dismissed for reasons linked to state security within the limits permitted by Articles 1, paragraph 2, and 4 of the Convention and subject to the right of appeal set out in Article 4.

5. The Committee recalls its previous comments on the application of section 138(i) of Act No. 1 of 1985 (the possibility of dismissing a state employee by decree) and Circulars Nos. 57/6 of 1979 and 79/6 of 1983. The Government indicates that these circulars were issued in conformity with the former regulations on public employees and that no decree ordering dismissal has been issued to date under section 138. The Committee takes note of this information and asks the Government to keep it informed of any new development in this area.

6. As regards the role and activities of the advisory committees and central committees and subcommittees provided for by section 23 of Act No. 1 of 1985, the Government states that their responsibilities and means of establishment have been set out by Presidential Decree No. 29 of 29 January 1986. The Committee asks the Government to supply in its next report information on the activities of these bodies and on those of the advisory committees envisaged by section 15 of the Labour Code in so far as they relate to this Convention.