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

The Committee notes the information supplied by the Government in its report and attached documentation.

1. In its previous comments, the Committee noted that Act No. 244 of 19 April 1989 (enacted as Consolidation Act No. 686 of 11 October 1990) revised the Equal Treatment Act, 1978, by consolidating the legislation on maternity leave (Consolidation Act No. 101 of 6 March 1987) and the legislation on equal treatment of men and women in employment (Consolidation Act No. 572 of 28 August 1986) and empowering the Equal Opportunities Council to examine, on request or at its own initiative, all matters falling under the Equal Treatment Act. The Committee notes with interest the information provided by the Government on the number of cases brought before the Council concerning dismissals in connection with pregnancy and maternity, recruitment, promotion, training and terms of employment. The Committee would be grateful if the Government would continue supplying information in this regard, including copies of recent decisions rendered by the Equal Opportunities Council, within the field of the Convention.

2. The Committee further notes that, pursuant to section 4 of Act No. 427 of 13 June 1990 on equality between men and women in connection with appointments to certain boards in state administration authorities, all ministries are required to report to the Prime Minister every third year on developments in equal representation of both sexes on these boards. The Committee notes that the first report to the Prime Minister is due by the end of 1993 and hopes that the Government will provide a copy of this report.

3. The Committee is grateful to the Government for providing a copy of the legislation concerning protection against dismissal due to organizational matters (Act No. 285 of 9 June 1982 and Consolidation Act No. 443 of 13 June 1990).

4. The Committee notes with interest the information provided by the Government concerning the National Action Plan for Equality in the public sector. The Committee is grateful to the Government for providing the report submitted to Parliament on the progress achieved in the implementation of the Plan for Equality by the ministries for 1987-90, and requests the Government to continue supplying information on any measures to further implement the Action Plan, including statistical data and Parliament's evaluations of the Plan. The Committee also requests the Government to provide further information on measures being taken or contemplated, and the results achieved, by the Equal Opportunities Council to promote equality of opportunity and treatment in employment and occupation.

5. In its previous comments, the Committee noted from the Government's report the information on the measures available to private sector workers who allege discrimination on the basis of race, which include the right to bring proceedings under the relevant provisions of the Penal Code. The Committee also noted the Government's indication that collective agreements are considered the most effective means of ensuring compliance with the principle of non-discrimination on the basis of race or other grounds, and that workers who consider that their rights under collective agreements have been violated may bring action before the Industrial Court. The Committee notes the Government's further indication in its latest report that the collective agreements it has knowledge of do not contain express clauses on protection against discrimination in employment and occupation on account of race, national extraction, political opinion or social origin. The Committee therefore requests the Government to provide full information on the remedial procedures available for and actually used by workers alleging discrimination on any of the above grounds. The Committee would also be grateful if the Government would supply in its next report copies of judicial decisions and authoritative interpretations which concern discriminatory practices under the relevant legislation, including any recent decisions issued by the Industrial Court which concern collective agreements containing terms expressly prohibiting discrimination in employment and occupation on the basis of race, national extraction, political opinion or social origin.