Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 1 of the Convention. Sexual harassment. Recalling its 2002 general observation on sexual harassment, the Committee notes that under section 172 of the Labour Code of 10 January 1997 "all forms of sexual violation (harassment) is strictly forbidden". The Committee would appreciate receiving information on the practical application and enforcement of this provision and any other measures taken to address sexual harassment in the workplace in accordance with its 2002 general observation (attached for ease of reference).

2. Prohibition of discrimination. The Committee notes that section 12 of the Labour Code provides that no employer shall take the grounds of race, colour, sex, creed, religion, political opinion, national extraction, social origin, or trade union membership or activity into consideration when taking decisions with regard to recruitment, work assignment, vocational training, advancement, promotion, remuneration, granting social benefits, disciplinary measures or the termination of an employment contract. It also notes that according to section 12 distinctions, rejections, or acceptances based on qualifications required for a specific job shall not be considered discrimination. The Committee notes that these provisions are in accordance with the Convention and should operate to strengthen its application. Please provide information on how these provisions are applied and enforced by the competent bodies, such as the labour inspectors and controllers, the Arbitration Council, as well as the courts.

3. Scope of the Convention. Recalling the Convention’s very broad scope of application, the Committee requests the Government to indicate how the Convention is applied to the categories of employees who are excluded from the Labour Code’s scope under its section 1 (judges, civil servants, personnel of the police, the army, the military police, employees in air and maritime transportation, as well as domestic workers). Please also indicate how non-discrimination is guaranteed in access to occupations.

4. Articles 2 and 3. Application of the Convention in practice. The Committee draws to the Government’s attention to the fact that a national policy to promote equality of opportunity and treatment in respect of employment and occupation should be designed to ensure the application of the Convention in law and practice. In this regard the Committee emphasizes the need to take practical and concrete measures to ensure that the constitutional and legislative provisions on equality and non-discrimination are understood, applied and enforced. Accordingly the Committee requests the Government to provide information on the following points:

(a)  information on the measures taken to strengthen the capacity of the bodies and authorities charged with supervising the implementation of constitutional and legislative provisions on equality and non-discrimination, such as labour inspectors and controllers, the Arbitration Council, and the courts. Please indicate any training on equality issues provided or envisaged for the officials concerned;

(b)  statistical information on the participation of men and women and members of ethnic minority groups in the various vocational training programmes and on any measures taken to improve the training and skills of women, including rural women, and ethnic minorities;

(c)  statistical information on the number of men and women and members of ethnic minority groups participating in private and public employment.

5. Article 4. Measures affecting persons suspected of, or engaged in, activities prejudicial to the security of the State. The Government is requested to provide further information with regard to the application of this Article. In order to facilitate the Government’s reply, please refer to paragraphs 123-129 of the Committee of Experts’ Special Survey on the Convention of 1996. Please indicate any legislative or administrative measures and national practice governing the employment or occupation of persons suspected of, or engaged in, activities prejudicial to the security of the State.

6. Part III of the report form. Labour inspections. The Committee requests the Government to provide information on the activities of the labour inspection services, such as the number of inspections undertaken, instances of discrimination revealed, and the manner in which such cases have been resolved.

7. Part IV of the report form. Judicial and administrative decisions. Please also continue to provide information on any judicial and administrative decision dealing with equality of opportunity and treatment in employment and occupation.