Observation (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

1. The Committee notes the communication submitted by the International Confederation of Free Trade Unions (ICFTU) on 4 June 2003 concerning the application of both Conventions Nos. 100 and 111, as well as the Government’s reply thereon received on 9 September 2003. In addition to the communication detailed under Convention No. 100 and with regard to Convention No. 111, the ICFTU alleges that while, as a matter of law, there is no sex discrimination, in practice women are concentrated in certain jobs in the public service and only a few women occupy posts of responsibility. The ICFTU further maintains that inequalities between men and women exist in hiring and that legal restrictions are imposed on the employment of women but not of men. It also expresses concern over serious violations of the Labour Code in the textile-exporting and manufacturing industries, including the lack of maternity protection, and over the high illiteracy rate of women and over sex discrimination in family law which has an impact on discrimination against women in the labour market in general.

2. In its reply, the Government refers to the existing legal provisions promoting equality between men and women with regard to access to employment and prohibiting all discrimination in employment and occupation. Specifically, the Government refers to the adoption of the new Labour Code, which, it states, prohibits direct and indirect discrimination based on race, colour, sex, disability, civil status, belief, political opinion, trade union affiliation, national extraction and social origin in employment and occupation, particularly in hiring, the administration and distribution of work, vocational training, remuneration, promotion, enjoyment of social privileges, disciplinary sanctions and dismissals. Apart from this and the indication that some progress has been made in access to employment for women in the public service due to the review of the Elections Code of 2002 and the observance of the quota system, the Committee notes that additional information is needed to make a full assessment with regard to the allegations made by the ICFTU concerning the application of Convention No. 111 in the public and private sectors. The Committee therefore asks the Government to provide, in its next report, more complete information, including statistical data, on: (1) the numbers of men and women employed in the public service at various levels; (2) the conditions of work, including maternity protection, of men and women in the exporting and manufacturing industries; (3) any restrictions imposed indirectly or directly on women’s employment; in law or in practice; and (4) any differential treatment of men and women in family law that might operate to disadvantage women in the labour market. The Government is also requested to indicate all the measures taken or envisaged to ensure both de jure and de facto equality of opportunity and equal treatment of men and women in employment and occupation in the public sector and private sector, particularly in regard to access to jobs. Please also supply a copy of the newly adopted Labour Code. The Committee will examine the Government’s reply to these points at its next session.

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