Observation (CEACR) - adoptée 2002, publiée 91ème session CIT (2003)

1. The Committee refers to its previous comment, in which it noted the adoption of a new Constitution, which prohibits discrimination on grounds of race, sex and religion. In that comment, it drew the Government’s attention to the absence of a formal prohibition of any form of discrimination on the grounds of political opinion, national extraction, colour and social origin. It also noted the adoption of a number of other legislative texts, including the 1997 Labour Code, which does not contain provisions respecting non-discrimination in employment and occupation. The Committee notes the Government’s statement, in its very brief report, that the provision in the Labour Code covering "workers as any person, male or female" means without discrimination and thus assures the absence of discrimination on any grounds. The Committee once again recalls the importance of defining and prohibiting discrimination in law on all grounds of discrimination contained in Article (1)(1)(a) of the Convention. Therefore the Committee urges the Government to take the necessary measures to prohibit in law and practice discrimination in employment, occupation and training on all the grounds covered by the Convention and to indicate the measures it has taken to this end.

2. The Committee noted in its previous comments that, while the establishment in the Constitution of the principle of equality of opportunity and treatment and the judicial protection of victims of discrimination represents an important stage in the implementation of this principle, they cannot on their own constitute a national policy within the meaning of Article 2 of the Convention. The implementation of a policy of equality of opportunity and treatment also presupposes the adoption of specific measures designed to correct inequalities observed in practice. Indeed, the promotion of equality of opportunity and treatment in employment and occupation as required by the Convention is not aimed at a stable situation which can be definitively attained, but at a permanent process in the course of which the national equality policy must continually be adjusted to the changes that it brings about in society. While the Convention leaves it to each country to intervene according to the methods which appear to be the most appropriate, taking into account national circumstances and customs, the effective application of the national policy of equality of opportunity and treatment requires the implementation of appropriate measures and programmes to promote equality and correct de facto inequalities which may exist in training, employment and conditions of work. The Committee once again requests the Government to take the necessary measures, as set out in Article 3(a), (b), (c), (d) and (e) of the Convention, inter alia, with a view to guaranteeing the effective application of the Convention.

3. The Committee again requests the Government to indicate in its next report the measures that have been taken for the active promotion of equality of opportunity and treatment in vocational training and employment for all categories of workers, and particularly those who are most vulnerable in view of their social status, such as women and certain ethnic minorities (for example, the Nuba in central Sudan) and other marginalized social groups.

4. The Committee once again recalls that, under the terms of the Public Order Act of 1996, Muslim women are liable to be beaten or whipped if their dress is deemed to be indecent or if they go out in the street after nightfall, which considerably restricts their freedom of movement. Since these restrictions will necessarily have a negative impact on the training and employment of women, the Committee again requests information on the measures that have been taken or are envisaged to ensure equality of access for men and women to jobs of their own choosing. In this respect, it once again urges the Government to provide in its next report a copy of the instructions on the dress code of what women must wear in public places, including at their workplace.

5. The Committee notes with regret that the Government has not replied to the question that it raised concerning the impact of the Passports and Immigration Act, 1970, which, among other things, requires the approval of the husband or guardian for women who wish to travel abroad. Since travel abroad may prove to be necessary in the context of training or a job, the Committee once again asks the Government to indicate whether a woman still must obtain the approval of her husband or guardian when she must travel abroad for professional or educational reasons.

The Committee is raising other points in a request addressed directly to the Government.