Observation (CEACR) - adoptée 2019, publiée 109ème session CIT (2021)

Repetition

The Committee notes with concern that the Government’s report once again contains no information in response to a number of its previous comments. The Committee wishes to reiterate that without the necessary information, it is not in a position to assess whether there is effective implementation of the Convention, including whether progress has been achieved since its ratification. The Committee hopes that the Government’s next report will contain full information on the matters raised below.

Article 1 of the Convention. Prohibited grounds of discrimination. Previously, the Committee recalled that the term “social status”, “politics” and “political status” set out as prohibited grounds of discrimination in sections 14 and 63 of the Labour Act of 2003 appear to be narrower than the terms “social origin” and “political opinion” enumerated in the Convention. It recalled that the prohibition of discrimination on the basis of political opinion, as contained in the Convention, should cover a worker’s activities to express or demonstrate political views and that this protection is not exclusively limited to an individual’s activities or position within a political party. Further, discrimination on the basis of social origin arises when an individual’s membership of a class, a socio-occupational category, or a caste determines his or her occupational future either by denying him or her access to certain jobs or activities or, conversely, by assigning him or her certain jobs. The Committee notes that, in its report, the Government merely repeats its previous statement that the Committee’s concerns have been communicated to the relevant agencies for appropriate action. Consequently, the Committee emphasizes once again that, where legal provisions are adopted to give effect to the principle of the Convention, they should include at least all the grounds of discrimination specified in Article 1(1)(a) of the Convention (see 2012 General Survey on the fundamental Conventions, paragraph 853). The Committee urges the Government to take concrete steps to amend the Labour Act of 2003, so as to include at least all the grounds of discrimination specified in Article 1(1)(a) of the Convention, and to provide information on any progress made in this regard.

Article 1(1)(a). Discrimination based on sex. Sexual harassment. The Committee recalls its previous comments in which it noted that section 175 of the Labour Act, defining sexual harassment, appears to cover only quid pro quo harassment, and not hostile environment sexual harassment. The Committee notes the Government repeated indication that steps have been taken with a view to preventing and combating sexual harassment at work including workplace inspections, and education and training programmes for employers’ and workers’ organizations, but that no complaints or reports concerning sexual harassment at the workplace have been brought before the competent authorities under the Labour Act, including the National Labour Commission. The Committee again recalls that the absence of complaints regarding sexual harassment does not necessarily indicate that this form of sex discrimination does not exist; rather, it is likely to reflect the lack of an appropriate legal framework, the lack of awareness, understanding and recognition of this form of sex discrimination among government officials, and workers and employers and their organizations, as well as the lack of access to or the inadequacy of complaints mechanisms and means of redress, or fear of reprisals (see 2012 General Survey on the fundamental Conventions, paragraph 790). The Committee urges the Government to expand the definition of sexual harassment to explicitly cover hostile environment sexual harassment. The Committee also urges the Government to take concrete steps – for example in the form of seminars, guidance, training, etc. – aimed at achieving better knowledge and understanding of the existence of sexual harassment and the means of preventing and addressing it, among labour inspectors, judges and other relevant public officials, as well as employers, workers and their organizations, and to provide information on the progress achieved.

Equality in employment without any distinction of race, colour, religion, or national extraction. The Committee notes with regret that the Government’s report is once again silent on the issue of discrimination on the grounds of race, colour, religion, and national extraction. It recalls that, while the relative importance of the problems relating to each of the grounds may differ for each country, when reviewing the situation and deciding on the measures to be taken, it is essential that attention be given to all the grounds in implementing the national policy (see 2012 General Survey on the fundamental Conventions, paragraphs 848 and 849). The Committee therefore once again asks the Government to take the necessary measures to promote equality of opportunity and treatment in respect of employment and occupation with a view to eliminating any discrimination on the grounds of race, colour, religion and national extraction. The Committee also again asks the Government to provide information on any cases of discrimination in employment based on these grounds identified by or reported to the competent authorities, and on the manner in which they were dealt with. Please provide information on awareness-raising activities, such as training or seminars, on discrimination on the grounds of race, colour, religion and national extraction, among labour inspectors, judges and other relevant public officials, as well as employers, workers and their organizations.

Article 5. Special measures. Persons with disabilities. The Committee recalls the Government’s previous indication that the National Council on Persons with Disability was in the process of collecting data on persons with disabilities and on the implementation of the special incentive scheme for employing persons with disabilities. Noting with regret that the Government once again provides no new information in this regard, the Committee reiterates its request that the Government communicate such data.

Enforcement. Noting that the Government’s report is once again silent on this point, the Committee recalls that the monitoring and enforcement of equality and non-discrimination laws and policies is important in determining whether there is effective implementation of the Convention (see 2012 General Survey on the fundamental Conventions, paragraph 868). The Committee therefore reiterates its request to the Government that it takes steps to enhance the capacity of law enforcement officials to identify and address discrimination in employment and occupation. Once again, the Committee asks the Government to provide information on any decisions of the courts, the National Labour Commission, the Commission on Human Rights and Administrative Justice, or any other competent body, as well as on any violations identified by, or reported to, labour inspectors and the manner in which such cases were addressed. Finally, the Committee again asks the Government to take concrete steps to revise the labour inspection form to include a specific reference to discrimination on all the grounds listed in the Convention, including to sexual harassment.