Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Article 1 of the Convention. Protection against discrimination of workers excluded from the scope of the Labour Code. Public service. With regard to public servants, the Committee notes the Government’s reference to section 14(1) of the General Public Service Regulations and also to articles 7, 17 and 18 of the Constitution. However, it observes that these Regulations only prohibit any gender distinctions being made at the time of recruitment. In addition, the abovementioned provisions of the Constitution state that all citizens must have equal access to vocational training and employment but they only explicitly prohibit discrimination in access to or performance of jobs on the basis of sex and political, religious or philosophical opinions. The Committee recalls that, according to the Convention, all workers must enjoy protection against discrimination on the basis of race, colour, sex, religion, political opinion, national extraction and social origin, in employment and occupation, i.e. with regard not only to access to vocational training, employment and various occupations but also to terms and conditions of employment. The Committee therefore requests the Government, with a view to extending the protection against descrimination and giving full effect to the Convention, to consider adding provisions to the General Public Service Regulations which explicitly define and prohibit any direct or indirect discrimination, at all stages of employment and covering at least all the grounds listed in Article 1(1)(a) of the Convention, namely race, colour, sex, religion, political opinion, national extraction and social origin. The Committee requests the Government to specify to what extent public servants are able to invoke the provisions of the Constitution in order to assert their rights in the event of discrimination, including in the course of employment, and requests it to indicate whether use has already been made of this possibility.

Restrictions on women’s access to employment and certain occupations. The Committee notes that section 23.1 of the Labour Code provides that the types of work prohibited for women are regulated by decree. It also wishes to draw the Government’s attention to the fact that access to certain occupations implies access to the various kinds of property and resources enabling the exercise of such occupations, including credit and land. Furthermore, in order to ensure gender equality in this respect, there is a need to eliminate any discriminatory legal provisions, including in civil law, such as section 67 of the Civil Code, which prohibits a married woman to undertake an occupation separate from that of her husband if a court finds that it would be contrary to the interests of the family. The Committee requests the Government to provide information on the following:

(i)    the types of work prohibited for women pursuant to section 23.1 of the Labour Code, stating the reasons why these types of work are prohibited;

(ii)   the measures taken to promote gender equality in access to certain occupations, including increasing access of women to credit and land in rural areas.

The Committee requests the Government to undertake a review of the national legislation in order to identify provisions that may constitute an obstacle to the exercise of certain occupations by women and take the necessary steps to amend or repeal them.

Sex discrimination. Sexual harassment. Noting that the Labour Code does not contain any provision defining or prohibiting sexual harassment at work, the Committee requests the Government to provide information on the specific measures taken to prevent and combat sexual harassment, including those which have been formulated and implemented in cooperation with the social partners.

Article 2. Equal opportunities between men and women. The Committee notes the adoption in April 2009 of the National Policy on Equal Opportunities, Equity and Gender (the National Policy). It also notes the detailed information, including statistics, supplied by the Government on the action taken to promote equality of opportunity between men and women, including gender mainstreaming in the planning and formulation of public budgets, training and awareness raising of decision-makers and public officials in gender issues, the establishment of specialized structures and development projects in rural areas taking account of the specific needs of women in terms of resources and training. While welcoming the efforts made by the Government to promote equal opportunities between men and women, the Committee encourages the Government to step up its action to increase employment opportunities for women, and requests it to provide information on the measures taken as part of the implementation of the National Policy, particularly with regard to the following:

(i)    access of girls to all levels of education and their possibility to continue to go to school, and women’s access to vocational training, including with regard to occupations traditionally performed by men;

(ii)   women’s access to employment, including self-employment;

(iii)  awareness-raising measures regarding the principle of equal opportunities and treatment in employment aimed at employers’ and workers’ organizations, those responsible for enforcing legislation relating to equality (labour inspectors, judges, lawyers), and the general public;

(iv)  the impact on the situations of women and men in employment and of the measures taken.

The Government is also requested to provide information on the recommendations made in the gender study mentioned in its report which was conducted by the Ministry of the Family, Women and Social Affairs on the employment situation in law and in practice, and also to send a copy of this study.

Article 3(a). Cooperation with employers’ and workers’ organizations. Awareness-raising measures. According to the Government, neither the Labour Advisory Committee nor the Tripartite Committee on ILO Issues, within which cooperation takes place between the Government and the social partners, has taken any initiative for the promotion of equality in employment and occupation since no cases of discrimination have been brought to their attention. The Committee has repeatedly emphasized that the lack of any complaints regarding discrimination does not necessarily mean that there is no discrimination in practice: workers may be unaware of the avenues of redress that exist for this purpose, may hesitate to lodge a complaint or may even face practical difficulties in asserting their rights vis-à-vis the labour inspectorate, courts or any other competent institution. Recalling the importance of the role of workers’ and employers’ organizations in preventing and combating discrimination in employment and occupation, the Committee encourages the Government to take the necessary steps to involve them in the formulation and implementation of measures aimed at promoting equality and non-discrimination. It also requests the Government to provide information on any developments in this respect, particularly as regards the role of the social partners in the implementation of the National Policy on Equal Opportunities, Equity and Gender.

Labour inspection. The Committee notes that 1,578 inspections were conducted in 2008 and 2009 in enterprises in the secondary and tertiary sectors and that, owing to a lack of transport facilities, inspectors were unable to carry out inspections in agriculture. It is the Committee’s understanding from the Government’s report that no cases of discrimination were reported by the labour inspectorate. The Government indicates that no evidence of discrimination was brought to the attention of the courts. Referring to the previous paragraph concerning the lack of complaints, the Committee underlines the importance of providing labour inspectors with the necessary resources for performing their duties of enforcing the legislation, including with regard to equality, and of reinforcing their training so that they are in a position to identify and address effectively cases of discrimination in employment and occupation. The Committee requests the Government to indicate the measures taken to reinforce the training of labour inspectors with regard to issues of equality and non‑discrimination in employment and occupation and to provide them with the necessary resources.