Observation (CEACR) - adoptée 2001, publiée 90ème session CIT (2002)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

1. Discrimination on the basis of religion. In its previous observation, the Committee noted that the Constitution had been amended in November 1996 and raised the question whether articles 29 (equality before the law, without any discrimination on grounds of birth, race, sex, opinion or any other personal or social condition or circumstance), 32 (guarantee of fundamental freedoms and human rights), 33 (guarantee of protection of fundamental human rights for individuals and associations, and of individual and collective freedoms) and 36 (inviolability of freedom of conscience and freedom of opinion), read together, guaranteed constitutional protection against religious discrimination. Noting that the Government’s report does not touch on this question, the Committee would be grateful if the Government would confirm or repudiate this interpretation and repeats its request for copies of all court decisions concerning these articles.

2. Discrimination on the basis of sex. The Committee notes that, in 1997, the Government adopted two Decrees: the first on part-time work (No. 97-473 of 8 December 1997) and the other on home workers (No. 97-474 of 8 December 1997). The principal aim of these texts is to allow such workers, primarily women, to contribute to the social security scheme and thus be entitled to social insurance. While appreciating that the abovementioned provisions contribute to improving the employment conditions of these workers, the Committee requests the Government to indicate the measures taken or envisaged to ensure that the proliferation of "atypical" employment relations, several of which are prejudicial to income and job security, do not unduly disadvantage women on the labour market.

3. The Committee notes the detailed information supplied by the Government, in response to its earlier comments, on the efforts that it is making to develop education for young girls, combat illiteracy among women and provide training so that they may obtain qualifications. It also notes the Government’s statement that despite incorporating equality between men and women into the legislative and regulatory texts governing the world of work, in practice, women are still confronted with discrimination in the field of employment resulting from stereotypes which exist regarding a woman’s place in society. It therefore encourages the Government to continue its efforts to further its national policy of promotion of equality of opportunity and of treatment in respect of employment and occupation.

4. The Committee is addressing a request on certain other points directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.