Demande directe (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - Djibouti (Ratification: 2005)

Autre commentaire sur C111

Demande directe

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Article 1(2) of the Convention. Inherent requirements of a particular job. The Committee notes the Government’s indication that section 6 of Act No. 48/AN/83/1st L issuing the general conditions of service of public officials, which prohibits discrimination based on sex “subject to exceptional measures envisaged in specific conditions of service and required by the nature of the functions”, makes reference to the “nature of certain jobs exclusively held by women in the public service, such as supervisors of midwives and secretaries to directors”. The Committee wishes to draw the Government’s attention to Article 1(2) of the Convention, under the terms of which any distinction, exclusion or preference in respect of a particular job based on the inherent requirements thereof shall not be deemed to be discrimination, and recalls that this exception has to be interpreted restrictively so as to avoid any unjustified limitation on the protection against discrimination afforded by the Convention. Reserving a job or occupation exclusively for men or exclusively for women is discriminatory, unless the fact of being a man or a woman is an essential condition for holding the job or exercising the occupation such as, for example, jobs involving physical intimacy. The Committee requests the Government to specify whether the jobs and occupations concerned by the exceptional measures within the meaning of section 6 of the general conditions of service of public officials and “exclusively held by women” can also be performed by men. If not, the Committee requests the Government to undertake an in-depth examination of whether these jobs meet the conditions envisaged in Article 1(2) of the Convention, in light of the principle of equality of opportunity and treatment set out in the Convention.

Sexual harassment. The Committee notes the Government’s reference to section 258(16) of the Labour Code, which provides that collective agreements may include provisions on the protection of workers against sexual harassment. The Committee reiterates its request for information on the measures adopted or envisaged to prevent and prohibit sexual harassment at work and it requests the Government to examine the possibility of introducing provisions into the Labour Code for this purpose. Please provide examples of clauses in collective agreements relating to the protection of workers against sexual harassment.

Article 2. Equality of opportunity and treatment for men and women in employment and occupation. In its previous comments, the Committee referred to Act No. 173/AN/02/4th L of 7 July 2002, defining the national policy on the integration of women in development for the 2003–12 decade and establishing the National Women’s Integration Strategy (SNIFD) and its plan of action as a national objective. The Committee requests the Government to provide information on the implementation of the SNIFD and its plan of action, and the results achieved.

Access to education and vocational training. Vocational guidance. The Committee notes the Government’s indication that children have a right to education without any discrimination and that public education is free of charge. However, the Committee notes that, in its concluding observations, the UN Committee on the Elimination of Discrimination against Women (CEDAW) emphasizes the low enrolment rate of girls at the secondary level and the low female literacy rate, especially in rural areas, and the systematic emphasis in vocational training on fields that are traditionally female-dominated (sewing, cooking and hairdressing), which confine women to low-paid jobs (CEDAW/C/DJI/CO/1-3, 2 August 2011, paragraph 26). Emphasizing that access to education and the availability of a diversified range of vocational training courses is an extremely important element in ensuring equality in the labour market, the Committee requests the Government to take active measures to promote the access of girls and women to education and vocational training, without any consideration based on sexist stereotypes or prejudices. It also requests the Government to encourage their vocational training in fields offering diversified and better-paid employment opportunities, while combating stereotypes concerning their aspirations, preferences and capabilities in relation to certain jobs or occupations.

With regard to the access of women and men to credit, the Committee notes the information provided by the Government on the Social Development Fund project, which has established a system of micro-credit for the disadvantaged, and on the creation of the People’s Savings and Credit Fund of Djibouti, which groups together and institutionalizes micro-credit activities. Noting that these mechanisms have made it possible for women, particularly those working in the informal economy, to benefit from micro-credit with a view to creating income-generating activities, the Committee requests the Government to continue providing data on women who have benefited from micro-credit and the activities undertaken. The Government is also requested to indicate the measures adopted or envisaged more generally to facilitate the access of women to resources, and particularly to credit, on an equal footing with men.

Article 3(d). Public service. Family allowances. The Committee notes the Government’s explanations concerning the family allowances paid to public servants, under the terms of Decree No. 83-098/PR/FP of 10 September 1983. The Committee notes the Government’s confirmation that the family allowances envisaged by sections 7–13 of the Decree are granted to public servants who are heads of families, or in other words solely to male public servants in accordance with section 31 of the Family Code, which provides that the husband is the head of the family. The Committee considers that such provisions are contrary to the principle of equality of treatment for men and women and requests the Government to take the necessary measures for their amendment so that women public servants can also benefit from family allowances on an equal footing with male public servants.

Affirmative action. Public sector. The Committee notes that a Decree issued in November 2008 under Act No. 192/AN/02/4th L of 13 November 2002 is intended to achieve a representation of each sex of at least 20 per cent in higher level state jobs. The Committee requests the Government to provide information on the implementation of this Decree, with an indication of the positions concerned and the results achieve in terms of the participation of women in positions of responsibility in the administration. Please indicate whether this text is applicable to local administrations and, if not, whether measures have been taken or are envisaged to promote the access of women to positions of responsibility in local authorities.

Article 5. Special measures of protection for women. The Committee notes that the Order determining the nature of the work and the categories of enterprises prohibited for women, pregnant women and young persons, envisaged under section 111 of the Labour Code, has not yet been adopted. Recalling that special measures which exclude women from employment and occupation must not go beyond what is strictly required to protect maternity, the Committee requests the Government to provide a copy of the Decree once it has been adopted. It once again requests the Government to provide information on the implementation in practice of section 112 of the Labour Code pursuant to which labour inspectors may order examinations of women and young persons by a certified doctor with a view to ascertaining whether the work assigned to them exceeds their physical strength, with an indication of the number of inspections carried out and their findings.

Labour inspection. The Committee requests the Government to provide information on the measures taken by the competent authorities to ensure the effective application of sections 3 and 117 of the Labour Code and of section 10 of Act No. 174/AN/07/5th L issuing protective measures adapted to the situation of persons living with HIV/AIDS and vulnerable groups. Please provide information on the preventive and supervisory activities of labour inspectors (the number of cases dealt with and the grounds of discrimination concerned) and on court decisions relating to discrimination in employment and occupation.