Demande directe (CEACR) - adoptée 1998, publiée 87ème session CIT (1999)

1. The Committee notes with interest the entry into force on 1 July 1996 of Act No. 459 of 1996 concerning the prohibition of discrimination on the labour market. It notes that the Act contains, inter alia, a specific prohibition against direct and indirect discrimination based on the seven grounds laid down in the Convention (section 1), prohibition of discrimination with regard to recruitment, dismissal, change of contract, promotion and conditions of work and pay (section 2), as well with regard to access to vocational training (section 3), and provides for compensation and fines for violations of the Act (sections 7 and 8). Bearing in mind the Government's statement that this law is so new that it is premature to evaluate its effect, the Committee requests the Government to provide information on any evaluation conducted on the impact of the new law and to inform it of the results. In addition, the Committee requests the Government to provide information on any complaints lodged under the new Act and their outcomes. Noting that the Act also prohibits discrimination on the basis of sexual orientation, the Committee also requests the Government to indicate whether it intends to determine, following the procedure laid down in under Article 1, paragraph 1(b), of the Convention, "sexual orientation" as one of the grounds of prohibited discrimination under the Convention.

2. The Committee notes that a 1995 circular, laying down placement guidelines for unemployed persons who belong to an ethnic minority group in connection with the handling of job offers in the public employment service. The circular stipulates that the public employment service cannot assist in filling a concrete job order when an employer lays down overt or covert discriminatory requirements. The service must inform the employer in writing where the employer sets forth discriminatory job requirements. It requests the Government to provide information on the number of such notifications and the possibilities available to prosecute the employer in such cases.

3. The Committee notes the information provided on the effectiveness of the 18 initiatives undertaken by the Ministries of Labour and Education since 1994 within the framework of the action plan to break down barriers to ethnic minorities' access to the labour market, as well as the activities undertaken by the Ministry of Labour to combat ethnic discrimination in employment and those of the inter-ministerial working group on ethnic discrimination. Noting the Government's statement that the action plan has led to the establishment of a sound foundation of experience on which future initiatives will be built, the Committee requests the Government to inform it of future initiatives and their results if implemented.