Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

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(1)(a) of the Convention. Sexual harassment. The Committee notes that section 63 of the draft Labour Code prohibits dismissal of or sanctions against an employee for having refused quid pro quo sexual harassment by an employer, his or her representative or any other person. The Committee welcomes this provision but notes that section 63 does not include sexual harassment due to a hostile working environment. The Committee hopes that the Government will take the opportunity to insert such provisions in the draft Labour Code. Noting further from the Government’s report that the action plans for the protection and promotion of women include the issue of sexual harassment, the Government is asked to provide copies of the plans and information on the results achieved as to the effective protection of sexual harassment in the workplace.

2. Article 1(1)(a) and (3). Prohibition of discrimination in employment and occupation. The Committee notes that section 3 of the draft Labour Code prohibits all discrimination in employment and occupation. It also notes that draft section 62 prohibits discrimination on the basis of “origin, sex, morals, family situation, ethnic, national or racial belonging, political opinion, trade union or association activity, or religious belief” only with respect to recruitment, disciplinary sanctions or dismissal and that section 67 protects against discrimination in dismissal on the basis of all the Convention’s grounds. The Committee asks the Government to indicate how protection will be afforded against discrimination outside recruitment and dismissal practices and disciplinary sanctions, such as in conditions of employment. Noting also that sections 62, 63 and 67 of the draft Labour Code only apply to workers with a permanent contract, the Committee asks the Government to indicate how workers with temporary contracts will be protected against sexual harassment and discrimination in recruitment and dismissal. It also hopes that the Government will use the ongoing revision of the Labour Code as an opportunity to bring its legislation into full conformity with the requirements of the Convention.

3. Discrimination on the basis of sex. The Committee notes with interest the Government’s statement that the new draft of the Family Code improves the status of women and aims to make the national legislation compatible with the provisions of the Convention. It asks the Government to provide a copy of the Code, once adopted.

4. Articles 2 and 3(e). Equality of treatment – Access of women to vocational training and education. The Committee notes the statistics highlighting the progress made with regard to the access of women and girls to education and vocational training. It thanks the Government for these data but notes that they also indicate that inequalities between men and women continue to persist. The Committee notes the action taken by the Government to encourage girls to subscribe to more technical training courses and to address sex stereotypes in education. It asks the Government to provide information on the impact of these activities, as well as any other measures to counter practical obstacles to girls’ education on the attendance of girls at the various levels and types of education. Please also provide practical information on the number of women that benefited from the training by the Regional Centres for Technical Education and Vocational Training and who have created their own enterprise.

5. Article 3(d). Employment of women in the public sector. The Committee notes that women’s share of the public sector employees is only 21.4 per cent and that they are concentrated in the health and education ministries. They also represent only about 12 per cent of the employees in levels A1 and A2 respectively and are underrepresented in decision-making posts, including in the education sector where a relatively higher number of women are being employed. The Committee notes the activities undertaken with the help of civil society and trade unions to promote female leadership. It asks the Government to provide information on how these have helped women to move into higher-level posts, including in the education sector. Noting with some concern that the 1996-2005 Action Plan for the Advancement of Women has not been implemented due to lack of financial resources, the Committee hopes that the Government will be in a position in the future to allocate the necessary resources to carry out the plan. In the meantime, the Government is asked to continue its efforts to promote the upward mobility of women and their access to a wider variety of jobs in the public sector.

6. Article 3(b). Educational programmes. The Committee asks the Government to provide details on the information and training programmes carried out by the Ministry of Social Affairs and the Promotion of Women, the Ministry for Human Rights and the Ministry of Labour to disseminate the principle contained in the Convention.

7. Part V of the report form. Practical application with respect to national extraction, race and colour. The Committee reiterates its previous request to the Government to provide information on any measure taken or envisaged to eliminate discriminatory practices against ethnic minorities in private sector hiring, as these practices constitute an obstacle to the application of the Convention.