Demande directe (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

1. Article 1 of the Convention. The Committee recalls that article 17 of the Constitution, adopted in 2000 regarding equal access to public and private employment, does not cover the grounds of race, colour, national extraction and social origin, which are included under Article 1(1)(a) of the Convention. It further recalls, however, that while the Government acknowledged the insufficient protection afforded by article 17, it has taken the view that section 4 of the Labour Code is adequate to prohibit any discrimination. Having noted that the Labour Code only applies to work performed under an employment contract and that it also does not apply to the public service, the Committee notes the Government’s response that section 4 does indeed apply to the public service by virtue of the fact that public employees have employment contracts with the State. In this respect, the Committee asks the Government to clarify how the Labour Code protects public employees from discrimination given that article 2, paragraph 3, appears to exclude individuals appointed to permanent employment in the public administration, as well as workers employed in the service of the State, from the application of the Code. It further asks the Government to indicate how individuals who perform work without an employment contract are protected from discrimination.

2. Equal opportunity between men and women. The Government indicates that the Ministry for the Promotion of Women is committed to gender equality and to ensuring a greater representation of women in all sectors of activity and positions of responsibility, and states that NGOs are equally active towards achieving a greater representation of women in the public and private sectors. The Government reaffirms that the law does not prevent access to employment based on gender, but in fact forbids such exclusions. The Committee wishes to remind the Government that, while the absence of discriminatory laws is an important element towards attaining equal opportunity, promoting equality in employment and occupation in the sense of Articles 2 and 3 of the Convention necessarily includes the adoption and implementation of more proactive measures. The Committee also reminds the Government of the importance of collecting and analysing statistical information to be able to assess the progress made towards equal opportunity and to better understand the challenges that still remain. It notes in this respect the Government’s indication that it is unable to provide reliable statistics on the participation of men and women in education and vocational training. The Committee asks the Government to include information in its next report on the activities in place or under consideration by the Ministry for the Promotion of Women to promote equal opportunities for women in employment and occupation, along with details on the work of other institutions in this regard. The Committee hopes that the Government will soon be in a position to provide full information on the participation of men and women in vocational education and training and in public and private employment, including information on the number of men and women engaged in the various occupations, fields of activity and levels of responsibility.

3. The Committee recalls its comments under Equal Remuneration Convention, 1951 (No. 100) concerning section 14(2) of Act No. 92-570 of 1992 describing the general conditions of service of public servants, under which access to certain posts may be restricted to individuals of one sex or the other on grounds of physical aptitude. While the Government previously indicated that these consist of fairly marginal positions without any significant impact on the determination of categories of public servants, or their grades and salaries, it stated that the provisions in question have never been applied in respect of the recruitment of officials and that they will soon be abrogated. Noting that the Government does not report any developments in this regard, the Committee asks the Government to provide information on the progress made in amending section 14 of Act
No. 92-570 of 1992.

4. Political opinion and other grounds of discrimination. In view of the security situation in the country, the Committee is concerned that the existing political tensions may contribute to the discriminatory treatment of individuals in employment, particularly in the public sector. The Government is therefore asked, in the light of these difficult circumstances, to indicate how it prohibits discrimination and ensures equal access and treatment in the public sector, particularly with respect to political opinion, religion, race and national extraction.

5. Article 3(a). Cooperation with employers’ and workers’ organizations. The Committee notes the Government’s indication that the tripartite committee established to deal with ILO matters is consulted regularly on all legal and regulatory matters concerning non-discrimination and the promotion of equality in employment. It asks the Government for more detailed information on the recommendations and activities of the tripartite committee with respect to the application of Convention No. 111, along with any other initiatives or programmes undertaken in cooperation with the social partners to promote equality and non-discrimination in employment and occupation.

6. Parts III and IV of the report form. Noting that the labour inspectorate closely follows the practical application of section 4 of the Labour Code, the Committee requests information from the Government on the findings of the inspectorate with regard to discrimination in employment and occupation including data on the number of inspections conducted, the violations identified and the action taken as a result. Please also supply a copy of any decision by the courts or other bodies concerning the application of the Convention including information on the number of prosecutions under section 200 of the Criminal Code and the outcome of these cases. In addition, the Committee reiterates its request to the Government to provide a copy of the Organic Act determining the functions of the Mediator of the Republic.