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

The Committee notes the first and second reports of the Government and the attached legislation. It asks the Government to provide further information in its next report, on the following points.

1. Article 1(1) of the Convention. The Committee notes the various national laws and regulations prohibiting discrimination on the basis of sex, religion and social origin, including in particular the Labour Standards Act, the Equal Employment Act and the Gender Discrimination Prevention and Relief Act. Noting that 28 per cent of all women workers are employed in companies with less than five workers, the Committee asks the Government to provide information on the application of the Convention to women employed in workplaces with less than five employees.

2. Recalling that the protection from discrimination in employment and occupation on the grounds listed in Article 1(1)(a) extends to all workers, the Committee also invites the Government to indicate by what means the Convention is applied to domestic workers and "dispatched workers" (contracted workers from agencies) and to provide information on measures taken to provide protection from discrimination on the basis of grounds covered by the Convention to foreign workers present in the country.

3. The Committee notes that the relevant laws do not prohibit discrimination on the basis of race, colour, national extraction or political opinion and that no provision prohibits indirect discrimination on the grounds listed in the Convention. The Committee recalls that where provisions are adopted in order to give effect to the principles contained in the Convention, they should include all of the grounds of discrimination laid down in Article 1, paragraph 1(a), of the Convention (see General Survey on equality in employment and occupation, 1988, paragraph 58). It therefore requests the Government to indicate in its next report by what means the national policy to eliminate discrimination in employment and occupation of all workers on the basis of race, colour, national extraction or political opinion is being declared and pursued in legislation and practice. Noting that indirect discrimination is prohibited under the Prevention of Gender Discrimination and Relief Act, the Committee also asks the Government to indicate how protection from indirect discrimination on grounds other than sex is ensured.

4. Article 1(2). The Committee notes that certain restrictions in employment on the basis of sex, as laid down in section (3)(1) of the Administrative Regulation on Equal Employment, are not regarded as discrimination. In order to enable the Committee to appreciate fully these provisions in light of the requirements of Article 1(2) of the Convention, the Government is requested to provide further clarification regarding the application of that section in practice, including by giving concrete examples of activities falling under subparagraphs (a), (b) and (c). Please also provide a copy of the Official Appointment Test Regulation, and practical information on its application.

5. Article 1(3). The Committee notes that in 1999, 17.7 per cent of working women were holding university or college degrees or had a higher level of education, compared to 27.9 per cent in the male labour force. The Committee also notes that among working women, in 1999, only 13 per cent were employed as professionals, technicians and managers, while the percentage among men in these occupations was 23.3 per cent. In contrast, women were over represented in the occupational groups of clerks and service and sales workers. The Committee requests the Government to provide statistical information on university and college graduates, disaggregated by sex and academic discipline. Noting that equality in respect of vocational training and guidance is provide for under the law, the Committee requests the Government to give indications regarding the number of women and men currently receiving vocational education and training in public and private training facilities as well as on their distribution in the various technical fields. The Committee requests the Government to keep it informed on measures taken or contemplated to promote equal access of women to training and occupations in which they are underrepresented, and to decision making and management positions.

6. Article 4. The Committee notes that a conviction for crimes related to national security can lead to restrictions on exercising the professions of architect or publisher. In this regard, the Committee requests the Government to provide the texts of the Act on Architects and the Act on Registration of Periodicals. The Government is further asked to supply the national legislation which provides for conviction for crimes related to national security. The Committee also wishes to receive information on convictions that have led to restrictions on exercising the profession of architect or publisher. Noting the information in the Government’s report on the right to appeal to the Constitutional Court, the Committee would be grateful if the Government would indicate the provisions on the basis of which a person could lodge such an appeal for protection against discrimination on the basis of political opinion. Please also submit any court case involving an alleged infringement of equality rights related to restrictions to exercise the profession of architect or publisher resulting from a conviction under national security laws.

7. Article 5. The Committee notes that section 63 of the Labour Standards Act prohibits employment of female workers for any work detrimental to morality and health, or any dangerous work. The Committee also notes that section 68 of the Labour Standards Act outlaws night work of females, except where consent of the worker concerned and approval by the Ministry of Labour are obtained, and that section 69 restricts the possibility of women to perform overtime work. In this respect, the Committee recalls that, because of the protection and assistance, which they are to pursue, special measures under Article 5 of the Convention should be reviewed periodically in the light of the principle of equality and be proportional to the nature and protection needed. The Committee requests the Government to provide a list of work that is considered to fall within section 63. The Committee notes that a general restriction of overtime hours without linkage to maternity protection as currently provided for in the Labour Standards Act, may have an impact on the full application of the Convention, as it appears to disadvantage women unduly in the labour market. The Committee requests the Government to provide further information on the application of this section in practice. Noting that the abovementioned measures had been under review recently, the Committee requests the Government to keep it informed of any new developments in this regard.

8. Part III of the report form. The Committee asks the Government to supply information on the mandate and functioning of the Human Rights Commission, including a copy of the legislation establishing it. Please also provide information on the Commission’s activities as regards protection from discrimination and the promotion of equality in employment and occupation.

9. Part IV of the report form. The Government is requested to continue to provide judicial or administrative decisions relevant to the application of the Convention.