Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

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. Legislative framework. The Committee noted previously that the Constitution provides that all citizens have equal access to public office (article 35) and all persons are equal before the law, without distinction between citizens with respect to race, nationality, religious belief or social status (article 25). However, the Constitution does not prohibit discrimination on the grounds of political opinion, colour and sex, nor does it apply to acts of discrimination by a private employer. In addition, the Committee notes that there is no general prohibition of discrimination in Federal Act No. 8 of 1980 regulating employment relationships. The Committee notes in this regard the Government’s statement that Federal Act No. 8 is under review, and that a new section has been proposed providing a general prohibition of discrimination. The Committee requests the Government to take the opportunity in amending the law to ensure that there is a specific prohibition of both direct and indirect discrimination at all stages of employment and occupation, and on all the grounds set out in the Convention. The Committee recalls that ILO technical assistance is available in this respect, and encourages the Government to submit the draft amendments to the ILO prior to their adoption. The Committee requests the Government to provide information on the status of the revision process.

2. Sexual harassment. The Committee noted previously that complaints of sexual harassment were dealt with under criminal law, and that no complaints had been filed. The Government states that women refrain from lodging complaints due to social and cultural constraints. The Committee notes that in the revision process of Federal Act No. 8, an amendment is being proposed that would allow a woman to terminate her employment without notice “if decency and diplomacy are transgressed, and if she were aggressed in words, or in deed, in a manner which is against public morals at the workplace…” by a superior. Noting that criminal law has limited scope to prevent and address sexual harassment at work, the Committee welcomes the Government’s intention to bring sexual harassment within the purview of Federal Act No. 8. However, the Committee notes that the proposed amendment is very narrow, with the only means of redress being that the worker may terminate her employment without notice, and only where the harassment is carried out by her superior, thus having a very limited effect on addressing sexual harassment.

3. The Committee draws the Government’s attention to its 2002 general observation on sexual harassment, in which it urged governments to take appropriate measures to prohibit sexual harassment in employment and occupation. It also set out the key elements of sexual harassment: “(1) (quid pro quo): any physical, verbal or non-verbal conduct of a sexual nature and other conduct based on sex affecting the dignity of women and men, which is unwelcome, unreasonable, and offensive to the recipient; and a person's rejection of, or submission to, such conduct is used explicitly or implicitly as a basis for a decision which affects that person’s job; or (2) (hostile work environment): conduct that creates an intimidating, hostile or humiliating working environment for the recipient”. The Committee requests the Government to ensure in the revision process that both quid pro quo and hostile work environment sexual harassment are prohibited, that both women and men can lodge complaints of sexual harassment, and that effective sanctions and remedies are provided. Noting that women are unwilling to complain of sexual harassment for social and cultural reasons, the Committee asks the Government to provide information on what steps are being taken or envisaged to provide support for women who wish to complain of sexual harassment and to make the dispute resolution process more accessible, and any measures taken to prevent sexual harassment.

4. Equality of treatment of men and women. The Committee raised previously the issue of women having to obtain permission from their husbands in order to take up employment outside the home. The Government states that there is no such legal provision, but that there is a relevant administrative procedure in the context of employing non-nationals. The Committee requests the Government to provide further details of the administrative procedure in this regard. Noting that requiring a woman to obtain permission from her husband to take up employment is contrary to the principle of equality of treatment of men and women, the Committee requests the Government to take steps to ensure that no such requirement is applied in law or in practice, either to nationals or non-nationals.

5. Migrant domestic workers. In response to the Committee’s request for information on how domestic workers are protected against discrimination, including on the grounds of race, colour and sex, the Government states that they are covered by the Act on civil procedures, and that the Nationality and Residence Department has a special unit to supervise the work of migrant domestic workers, and can receive complaints from these workers. Noting that migrant domestic workers are particularly vulnerable to discrimination and abuse, the Government is requested to provide more information concerning how the Act on civil procedures protects such workers in practice, and details on the number and nature of complaints received by the Nationality and Residence Department, and the outcome of such complaints. The Committee would also appreciate receiving information on any campaigns to inform migrant domestic workers of their rights and of the relevant complaints machinery.

6. National equality policy. The Committee had asked the Government for information on a range of issues relevant to declaring and pursuing a national policy to promote equality of opportunity and treatment in respect of employment and occupation. The Committee notes the Government’s statement that the national policy is reflected in the relevant provisions of the Constitution and legislation, and in economic and social development programmes that have been prepared with the participation of civil society. With respect to access to vocational training, the Government points to the establishment of an agency for the development and placement of human resources, which organizes workshops and publishes information to make institutions aware of the importance of equal opportunities. A national council for training, including representatives of civil society, is also expected to be established, which would be the main consultative body on training, and would take into account equal opportunities and non‑discrimination. The Committee requests the Government to provide specific information on the economic and social development programmes that have been developed, and the impact of these programmes in promoting equality in employment. The Committee also requests specific information regarding how the agency for the development and placement of human resources promotes the equality policy, and what role is envisaged for the national council for training in this regard. Noting that the Government stresses the important role of civil society organizations in the above initiatives, the Committee requests further information on how the Government is seeking the cooperation of employers’ and workers’ organizations in promoting the acceptance and observance of the national equality policy.

7. Special measures. The Committee noted previously that under Federal Act No. 8, night work for women is prohibited, and women are prohibited from being employed in any jobs that are dangerous, arduous or detrimental to health or morals. The Committee notes the Government’s statement that in the process of amending Federal Act No. 8, broad-ranging consultations will be held, and the provisions prohibiting women from certain jobs and from night work will be reviewed in the light of modern trends relating to equality. The Committee hopes that in revising Federal Act No. 8, the opportunity will be taken to ensure that protective measures are limited to protecting the reproductive capacity of women, and that those aimed at protecting women because of their sex or gender, based on stereotypical assumptions, will be repealed. The Committee requests the Government to keep it informed in this regard.

8. Enforcement. The Committee notes that the labour inspectorate is responsible for implementing measures for the protection of the rights of workers generally. The Committee also notes the Government’s statement that measures are being taken to increase the number of female labour inspectors in order to inspect undertakings employing a large number of women. The Government states further that the courts are open to all victims of human rights abuses, but that discrimination on the basis of race, colour, sex, religion, political opinion, national extraction or social origin is not an issue in the society. The Committee recalls that the absence of complaints of discrimination does not necessarily indicate an absence of discrimination, but rather often results from the absence of an appropriate legal framework to bring discrimination claims, a lack of awareness of the right to non-discrimination, and an absence of accessible dispute resolution procedures. The Committee, therefore, requests the Government to take measures to ensure that workers are aware of their rights under the Convention, and that complaint mechanisms are accessible to all, and to keep the Committee informed in this regard. The Committee also asks the Government to consider providing specific training to labour inspectors in the area of discrimination, so that they are better able to identify and deal with cases of discrimination in the workplace. Please also provide information on the number of female labour inspectors hired, and the proportion of female to male labour inspectors.

9. Statistical information. The Committee notes from the Government’s report that the Ministry of Labour is currently undertaking a survey for the collection of information on women’s employment in the private sector according to occupations and the level of wages. The Committee looks forward to receiving the statistical information from the Government, and requests that the information include the participation rate of women and men in the public and private sectors, disaggregated by occupation and level of employment. The Committee also requests information on the participation rate of women and men in the various disciplines of technical and vocational training, and on the number of women engaged in business activities.