Demande directe (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

Repetition

Article 1(1)(a) of the Convention Discrimination based on sex. Sexual harassment. The Committee notes the Government’s indication that the bill on the Labour Code takes sexual harassment into consideration, as has the Penal Code in its section 341.The Committee therefore again requests the Government: (i) to take the necessary measures to include in the draft Labour Code that is currently being formulated provisions defining, prohibiting and penalizing sexual harassment in both its forms (quid pro quo and hostile work environment harassment), committed by work colleagues or the employer, but also by clients or suppliers, and to provide information on any progress in this respect; and (ii) to take specific measures, in collaboration with workers and employers’ organizations, to prevent harassment in employment and occupation.

Article 1(1)(b). Additional grounds of discrimination. Noting that the Government’s report does not respond to its previous comment on this matter, the Committee again requests the Government to provide information on: (i) any measures taken or envisaged to ensure the effective implementation of the provisions of Act No. 019/PR/2007 of 15 November 2007 to combat HIV/AIDS/STIs and to protect the rights of persons living with HIV and AIDS in relation to the right to work (sections 32–41); (ii) the measures taken or envisaged to give effect to section 15 of Act No. 007/PR/2007 on the protection of persons with disabilities and to indicate whether enterprises have availed themselves of section 16 of the Act, with an indication of any interpretation given to the terms “a reasonable proportion of persons with disabilities”. The Government is also requested to provide copies of any judicial decision on the interpretation of sections 15 and 16 of the Act No. 007/PR/2007.

General observation of 2018. The Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population. The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Statistics.The Committee once again requests the Government to indicate the measures taken: (i) for the compilation of employment statistics of men and women in all sectors (indicating, for example, measures taken to ensure that labour inspectors have adequate means to compile employment statistics), including the public sector; and (ii) to provide the statistical data obtained, disaggregated by sex and by sector, as well as any statistics available on employment in the informal economy, so that the Committee can assess the effect given to the Convention in practice.