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

1. Article 1(1) of the Convention.  In its previous comments, the Committee noted the constitutional provisions concerning equality but pointed out that these did not include any reference to freedom from discrimination in employment and occupation, nor to discrimination in practice apart from public officials. Furthermore, it noted that the Labour Act of 1990 did not contain any provisions on discrimination or reference to grounds of discrimination, but that it was in the process of amendment. The Committee notes that the Government in its most recent report, restates the anti-discrimination provisions of the Constitution. It also notes that article 33(4) of the Constitution, providing a general definition of discrimination covering all the grounds contained in the Convention, does not appear to include indirect discrimination. In the absence of any further information in the Government’s report on the process of amendment of the Labour Act of 1990, and on how direct and indirect discrimination in employment and occupation is ensured in practice, the Committee asks the Government to indicate in its next report whether it intends to include in the Labour Act, provisions defining and prohibiting direct and indirect discrimination based on all the grounds contained in the Convention, and to report on the progress made in this regard. Please also provide information on the manner in which direct and indirect discrimination in employment and occupation is being ensured in practice in the public and private sectors.

2. Excluded groups. With reference to its previous comments regarding the categories of workers currently excluded from the application of the Labour Act of 1990, including domestic workers, the Committee notes that the Government’s report does not address this point. The Committee, therefore, reiterates its hope that these categories of workers will either be included under the protection of the revised Labour Act, or that other measures will be taken to ensure their protection against discrimination. The Committee asks the Government to keep it informed of any progress made in this regard.

3. Article 2. National policy to promote equality. The Committee notes the Government’s statement that the new national employment policy for 2003–08 promotes equality of opportunity and treatment. The Committee asks the Government to provide further details on the programmes and measures taken to implement the national policy on equality of opportunity and treatment in employment and occupation with respect to the grounds of race, colour, sex, religion, political opinion, national extraction and social origin according to the principles outlined in Article 3 of the Convention. Please also provide a copy of the 2003–08 national policy.

4. Access to vocational training. With respect to access of women and girls to vocational training and education, the Committee notes that the Government contests the statement in its previous report that men and women are trained in certain skills but not in others due to societal norms. The Government now claims that there is no such societal indirect discrimination and that both men and women are trained in all work, and it depends on the individual field of interest and academic ability of the worker to cope with the demand of a particular trade or occupation. The Committee draws the attention of the Government to the fact that societal and historical attitudes towards the role of women in society, along with stereotypical assumptions regarding women’s aspirations, preferences, capabilities and “suitability” for certain jobs and training courses, have led to occupational sex segregation in the labour market. As a result, certain jobs are held predominantly or exclusively by women and others by men. The Committee asks the Government (i) to indicate in its next report the measures taken, including their impact, to promote women’s access to education and a wide variety of vocational training courses, including their participation in training courses primarily attended by men; and (ii) to provide statistics disaggregated by sex on the participation of women and men in education and vocational training courses.

5. Article 3(a). Cooperation with the social partners. The Committee notes the Government’s statement that the Labour Advisory Board has not yet made any recommendations for amendments to the Labour Act of 1990 relevant to the application of the Convention. It further notes the Government’s statement that there is a possibility for the social partners to undertake promotional action on equality of opportunity and treatment. The Committee asks the Government to provide information on the concrete measures taken to encourage and cooperate with the social partners to promote the principles of the Convention and the national policy on equality, and to report on the results achieved.