Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

1. Discrimination on grounds of sex. As indicated by the Committee in its recent comments, for many years it has been referring to section 3 of the General Labour Act, under which the proportion of women staff may not exceed 45 per cent in enterprises and establishments which, by their nature, do not require the use of a larger proportion of women workers. The Committee had pointed out to the Government that this provision is prejudicial to equality of opportunity and treatment on grounds of sex, and on many occasions it has expressed the hope that the revision of the General Labour Act would provide an opportunity to ensure compliance with the Convention in relation to equality of men and women in access to employment and occupation. The Government had indicated its intention to revise the above Act. It subsequently provided a report indicating that a draft of a new General Labour Act had been set aside and that, in the context of the programme of national dialogue initiated by the Government, it had been proposed to establish the parameters for future labour legislation. Finally, in its previous report, the Government indicated that the Ministry of Labour and Micro-Enterprises was evaluating a number of legal measures to review the criterion set out in section 3 of the General Labour Act. The Committee regrets to note that in its last report the Government indicates that there has been no amendment to the provisions offering special treatment for certain persons. The Committee reminds the Government that, in accordance with Article 3(c) of the Convention, each Member for which it is in force undertakes to repeal any statutory provisions which are inconsistent with the policy of equality of opportunity and treatment set out in Article 2. The Committee once again urges the Government to take the necessary measures to bring section 3 of the General Labour Act into conformity with the Convention so as to ensure equality for men and women in access to employment and occupation. The Committee requests the Government to provide information on this matter in its next report.

2. In its last comment, the Committee referred to paragraph 5 of the ILO resolution on equal opportunities and equal treatment for men and women in employment, adopted in 1985. It again urges the Government to take measures to re-examine, in the light of up-to-date scientific knowledge and technical changes, all protective legislation applying solely to women with a view to revising and repealing it, as appropriate, taking into account, where appropriate, measures aimed at promoting equality in employment between men and women. The Committee reminds the Government that this revision should be carried out in consultation with the representatives of employers’ and workers’ organizations, and with the participation of women workers. The Committee requests the Government to provide information with its next report on the measures adopted in this respect and the progress achieved.

The Committee is addressing a request directly to the Government on other points.