Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Sexual harassment. The Committee recalls its previous comments in which it found that the provisions in the Civil Service Act No. 55 of 2002, the Penal Code and the Labour Code dealing with sexual harassment were unlikely to provide sufficient protection against all forms of sexual harassment in the workplace as outlined in the general observation of 2002 on this Convention. The Committee notes the Government’s statement that draft amendments to the legislative provisions concerning sexual harassment have been submitted to the Council of Ministers, which will include a definition of sexual harassment and provide for sanctions in case of violations. The Committee further notes that the Government is also undertaking awareness-raising and preventative guidance programmes of a more general nature for male and female trainees and that complaints relating to sexual harassment are being forwarded to the Department of Family Protection. The Committee hopes that the draft amendments will address adequately all forms of sexual harassment (i.e. quid pro quo and hostile environment) and asks the Government to provide the texts of the amendments. The Committee also asks the Government to indicate any measures taken or envisaged, in cooperation with the workers’ and employers’ organizations, to raise awareness on and to prevent and protect sexual harassment in the workplace. Please also provide information on the number and nature of complaints concerning sexual harassment dealt with by the Department for Family Protection as well as any court cases based on the provisions of the abovementioned legislation.

2. Restrictions on the employment of women. With respect to its previous comments concerning the Ordinance of 1997 issued under section 69 of the Labour Code concerning certain restrictions on women’s employment, the Committee notes that the information technology sector has been excluded from the sectors in which women are prohibited from working at night. The Committee recalls that special protective measures for women which are based on stereotyped perceptions regarding their capacity and role in society may give rise to violations of the principle of equality of opportunity and treatment. The Committee asks the Government to keep it informed of any further amendments to the Ordinance of 1997 issued under section 69 of the Labour Code. It also asks the Government to regularly review the list of work prohibited to women, so as to ensure that protective measures will be limited to protecting the reproductive capacity of women and that those aimed at protecting women because of their sex or gender, based on stereotyped assumptions, will be repealed. Please keep the Committee informed of any further legislative developments.

3. Practical measures to promote equality of opportunity and treatment between men and women. The Committee notes that under the National Project on the Employment of Women, activities have been carried out to reach out to women in remote areas and to promote their employment opportunities. It notes in particular that employment agreements have been concluded with companies specialized in engaging jobseekers in the different regions, especially in remote areas, and that the Vocational Training Institution has organized awareness-raising campaigns to encourage young women to join vocational training programmes aimed at improving the economic situation of women. The Committee asks the Government to continue to provide information on the activities carried out under the National Project on the Employment of Women, and in particular information, including statistics disaggregated by sex, on the results achieved regarding the number of women who have participated in vocational training programmes and who have obtained and remained in employment. Noting the Government’s awareness that attitudes based on stereotypes regarding the suitability of certain jobs for women still prevail, the Government is also requested to provide information on the measures taken or envisaged to address stereotypical attitudes pervasive in society and the labour market.