Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee takes note of the Government's report.

1. Article 5 of the Convention. The Committee notes the Government's indication that a joint Ministry of Labour and Ministry of Health Order establishes, under section 168 of the Labour Code, after an opinion issued by the National Labour Council, the nature of work and categories of undertakings prohibited to women, pregnant women and young persons. The Committee requests the Government to provide a copy of this joint Order, adopted in July 1999, and also of the special statutes for permanent state employees, which reserve access to certain posts to one or the other sex on the basis of their particular constraints, by virtue of section 12 of the General Statute of permanent state employees.

2. The Committee notes the Government's statement that it has not formulated a specific national policy for the promotion of equality of opportunity and treatment in respect of employment and occupation, since this is already enshrined in the Constitution, the Labour Code and the General Statute of permanent state employees. In this connection, the Committee wishes to remind the Government that, as the Committee recalled in its 1988 General Survey on equality in employment and occupation, while affirmation of the principle of equality may be an element of national policy, it cannot in itself constitute a policy within the meaning of Article 2 of the Convention. This policy should: (1) be clearly stated, which implies that programmes for this purpose should be or should have been set up; and (2) should be applied, presupposing state implementation of appropriate measures according to the principles outlined in Article 3 of the Convention (paragraphs 158 and 159 of the General Survey cited above). The Committee forthwith requests the Government to supply the information concerning the measures undertaken to amend its legislation.