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

Further to its observation, the Committee requests the Government to provide further information in respect of the following matters.

1. Noting that neither the Constitution nor the Labour Proclamation expressly prohibits discrimination on the basis of national extraction, the Government is requested to indicate the manner in which discrimination on this ground is prohibited. In this regard, the Government may wish to clarify the meaning of the terms of "nationality" and "lineage" used in sections 23(4) and 118(7) of the Labour Proclamation.

2. The Committee notes that the Labour Proclamation does not apply to employment in the civil service, the military, police and security forces, nor to judges and prosecutors and certain managerial positions. In this context the Committee notes that the Draft Civil Service Code, which is in the process of adoption, contains a provision on non-discrimination. The Government is asked to provide information on the measures taken to ensure the application of the Convention with respect to employment not covered by the Labour Proclamation, including the progress made towards the adoption of the Civil Service Code. In the absence of any prohibition of discrimination in public service employment, the Committee particularly requests the Government to provide information on the measures taken to ensure non-discrimination in that sector, including at the stage of recruitment. Noting that under section 40 of the Labour Proclamation, the Minster of Labour and Human Welfare may determine the provisions of the Proclamation that shall apply to all, or to a category of domestic workers, the Committee asks the Government to indicate whether such a determination has been made.

3. With regard to section 118(7) of the Labour Proclamation No. 118/2001, the Committee asks the Government to indicate whether this section or any other provision in national legislation provides protection from discrimination with regard to access to employment, as required under Article 1, paragraph 3, of the Convention. Noting the Government’s statement that the fact that job seekers can apply for a job through public employment services, as provided for under section 5 of the Labour Proclamation, can assist in eliminating discrimination and giving equal access to employment and to particular occupations, the Committee asks the Government to indicate the methods used by the public employment service to ensure non-discrimination and equal access to employment and occupation.

4. The Committee recalls that in referring to the "effect" of a distinction, exclusion or preference on equality of opportunity and treatment, Article 1(1)(a) of the Convention uses the objective consequences of these measures as a criterion and, thus, covers both direct and indirect discrimination. Indirect discrimination refers to apparently neutral conditions, regulations, criteria or practices, which are applied to everyone, but which in fact result in a disproportionately harsh impact on some persons on the basis of one or more characteristics related to the grounds listed in the Convention. The Committee requests the Government to clarify whether the relevant national legislation is intended to cover both direct and indirect discrimination as required by the Convention.

5. The Committee notes with interest the constitutional protection of the human rights of women (article 7(2) of the Constitution) and the prohibition of discrimination and remedies contained in section 65 of the Labour Proclamation. The Committee requests information on the application and impact of these provisions in practice, including the number of complaints lodged with the Ministry under section 65(2). In this context, the Committee notes with interest that the Ministry of Education has taken certain positive action measures to promote the participation of female trainees in vocational and technical schools. Noting that under the Macro Policy of 1994 the participation of women in education and economic activities and employment is to be expanded, the Committee asks the Government to continue to provide information on these and other practical measures taken towards achieving this objective. Please also provide statistical information on the current level of women’s participation in the various types of education and training, as well as information indicating the level of participation in economic activities, including the formal labour market.

6. With regard to the prohibited grounds of discrimination other than sex, listed in Article 1, paragraph 2, of the Convention, the Committee notes from the Government’s report that the Ministry of Education provides for vocational and technical training for disadvantaged ethnic groups. The Committee asks the Government to continue to provide information on this or any other measure taken to ensure equality of opportunity and treatment of members of ethnic minorities. The Government is also requested to submit information on the measures taken to ensure the application of the Convention in practice with regard to discrimination on the basis of religion, political opinion, national extraction and social origin.

7. The Committee notes that the Government made requests for technical assistance to the ILO to support the Government in establishing statistical information on the participation of women in education and employment, as well as with regard to capacity building concerning the principles and application of the Convention among government officials and social partners. It hopes that the Office will shortly be in a position to provide the requested assistance.