Demande directe (CEACR) - adoptée 2016, publiée 106ème session CIT (2017)

Repetition

Legislation. The Committee notes the adoption of the Labour Code (Amendment) Act No. 6 of 2011. The Committee notes that the Act does not repeal the Factory Regulations, 1948, or any other laws and regulations that contain provisions excluding women from entering certain jobs as had been announced by the Government. The Committee considers that protective measures applicable to women’s employment which are based on stereotypes regarding women’s professional abilities and role in society violate the principle of equality of opportunity and treatment between men and women in employment and occupation. In addition, provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health (see General Survey on fundamental Conventions, 2012, paragraph 840). The Committee asks the Government to take measures to ensure that the Factory Regulations, 1948, as well as any other laws and regulations that contain provisions excluding women from entering certain jobs are repealed. The Committee requests the Government to provide information on any development in this regard.

Exceptions based on inherent requirements of the job. The Committee notes that section 5(2)(g) of the Equality of Opportunity and Treatment in Employment and Occupation Act, 2000, has not been repealed or amended. Remaining concerned that the application of this provision may lead to exclusions from employment contrary to the principle of equality as defined in the Convention, the Committee urges the Government to take the necessary steps to repeal or amend section 5(2)(g) in order to ensure conformity with the Convention, in law and in practice. Please report on the progress made in this regard.

Practical application. In the absence of any information on this point, the Committee reiterates its request to the Government to continue to provide information on the measures taken or envisaged to promote equality of opportunity and treatment in the private and public sectors through awareness raising, training and other practical measures, and their impact on achieving the objective on equality with respect to all the grounds covered by the Convention.