Demande directe (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

Legislative developments

1. Article 1(1) of the Convention. Indirect discrimination. Recalling its previous comments regarding whether section 30 of the National Human Rights Commission Act is meant to cover indirect discrimination, the Committee notes the Government’s indication that the Act contains no explicit provisions on indirect discrimination, but referred instead to the Equal Employment Act, the Constitution and international human rights instruments. Stressing the importance of putting in place effective non-discrimination legislation, the Committee trusts that the envisaged Discrimination Prohibition Act will explicitly cover direct and indirect discrimination in employment and occupation. Please provide information on the progress made in the adoption of the Act.

2. Article 1(1)(b). Additional grounds of discrimination. Employment status, age and disability. The Committee notes the adoption of the Act on the Protection, etc. of Fixed-term and Part-time Employees (Act No. 8074 of 21 December 2006). The Act prohibits discriminatory treatment of fixed-term and part-time employees based on their employment status (section 8) and that fixed-term and part-time employees may apply for redress to the Labour Relations Commission (section 9). The Committee further notes that a law concerning equal treatment in employment of persons with disabilities as well as a law prohibiting discrimination based on age at all stages of employment are under preparation. The Committee requests the Government to provide information on the implementation of Act No. 8074 and its impact on equality of opportunity and treatment of men and women workers, including statistical information on the evolution of non-regular employment, disaggregated by sex. The Committee also requests the Government to report on the progress made in adopting legislation concerning equal treatment irrespective of age and disability.

3. Scope of the legislation. The Committee recalls that a number of provisions concerning conditions of work contained in the Labour Standards Act (severance pay, working hours and leave) and the Equal Employment Act (wages, training, deployment and promotion, retirement and dismissal) do not apply to workplaces with less than five employees, and as a result enjoy no protection from discrimination regarding these matters. In this regard, the Committee notes from the Government’s report that an extension of the coverage of these provisions is under discussion. The Committee requests the Government to provide information on any further developments in this regard.

Practical application

4. National Human Rights Commission. The Committee thanks the Government for providing detailed information on the cases concerning employment discrimination in which the National Human Rights Commission issued recommendations. Most of the cases concerned discrimination in public employment based on age, sex, disability or social status. The Committee welcomes that the recommendations in these cases have been accepted by the institutions concerned to a large extent, paving the way for eliminating discriminatory policies or practices. The Committee requests the Government to continue to provide such information in its future reports, indicating the number of employment discrimination cases received (in proportion to the total number of cases), the underlying facts, the thrust of the recommendations made and the status of their implementation. The Committee would also appreciate information on any other activities carried out by the Commission to promote equality and non-discrimination at work, including information on relevant studies and reports.

5. Discrimination against migrant workers and ethnic minorities. Further to its observation concerning the operation of the Employment Permit System and the protection of migrant workers from discrimination, the Committee requests the Government to provide information on the following points:

(a)   the number of migrant workers admitted to and present in the country, according to sex and industry;

(b)   the number of complaints or cases concerning employment discrimination brought by migrant workers respectively, before the labour offices, the National Commission on Human Rights, and the courts, including information on the facts and outcomes of these cases;

(c)   the number of cases in which a permission for change of business or workplace as provided for in section 25 of the Act on Foreign Workers’ Employment was granted to migrant workers, including indications on which grounds;

(d)   information on the Government’s assessment concerning the extent to which the Employment Service System discourages migrant workers to become undocumented, including statistical information;

(e)   detailed information on the measures taken to raise public awareness of the principle of non-discrimination among the public to promote respect for the human rights and dignity of migrant workers and ethnic minorities.

6. Sexual harassment. The Committee notes from the Government report that the number of sexual harassment complaints made to the regional labour office decreased by 11.8 per cent between 2004 and 2005. The number of self-inspections on education for the prevention of sexual harassment has continued to increase. The Committee requests the Government to continue to provide information on the measures taken to raise awareness of sexual harassment and the protection available under the law, to prevent sexual harassment, and to enforce the relevant legal provisions (including statistical information on inspections and complaints).

7. Women’s access to employment in the police force. The Committee notes from the Government’s report that the National Human Rights Commission issued a recommendation on 5 December 2005 to the effect that gender-segregated recruitment of police officers should be discontinued and that the quota system in this regard be modified. According to the report, the Ministry of Government Administration and Home Affairs and the National Policy Agency have not accepted the Recommendation. Recalling that under the Convention equal access of men and women to employment under the authority of the Government must be ensured, the Committee requests the Government to provide further information on the content and outcome of this case, as well as the Government’s reasons for not accepting the recommendations. The Committee requests the Government to ensure that men and women have access to employment in the police without discrimination, and asks the Government to keep the Committee apprised of measures taken in this regard.