Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Comoros (Ratification: 2004)

Other comments on C111

Observation

Direct Request

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In its previous comments the Committee noted the observations of the Confederation of Workers of Comoros (CTC), received on 1 September 2011, stressing the absence of any appropriate procedures to lodge a complaint in the event of discrimination in employment and occupation, both in the private and public sectors. The CTC also stated that the labour inspection services and the courts had not dealt with any cases of discrimination. In conclusion, the CTC pointed to the absence of any texts implementing the Labour Code, more than 25 years after its adoption. The Committee asked the Government to respond to the CTC’s observations. It notes that the Government’s report has not been received, but that the new Labour Code was adopted on 28 June 2012.

Article 1 of the Convention. Prohibited grounds of discrimination. Dismissal. The Committee notes that according to section 2 of the new Labour Code, the prohibition on discrimination by the employer on grounds of race, colour, sex, religion, political opinion, national extraction or social origin, or real or perceived state of health, including HIV/AIDS status, expressly covers dismissals. It observes, however, that the unlawful grounds of dismissal set forth at section 44, the list of which is broader in scope than that of section 2, do not include national extraction. In order to harmonize the provisions of section 44 of the Labour Code with those of section 2 of the Labour Code and with the Convention, the Committee asks the Government to envisage adding national extraction to the list of unlawful grounds of dismissal set forth in section 44.

Aspects of employment and occupation. The Committee notes that the prohibition on employers from taking into consideration specific grounds in taking their decisions now expressly includes “conditions of employment” and “any other form of discrimination” (section 2 of the Labour Code). The Committee requests the Government to specify the meaning and scope of the expression “any other form of discrimination” used in section 2 of the Labour Code.

Workers excluded from the scope of the Labour Code. The Committee notes that according to section 1 of the new Labour Code, “persons appointed to a permanent management position in a government department” are excluded from the scope of the Labour Code. Recalling that the Convention applies to all workers, the Committee requests the Government to provide information on the protection of workers excluded from the scope of the new Labour Code against direct and indirect discrimination based on race, colour, sex, religion, political opinion, national extraction or social origin, or real or perceived state of health, including HIV status, both in law and in practice.

Article 2. Equality between men and women. Entitlement to leave. The Committee notes that section 133 of the new Labour Code provides that, unless there are more favourable provisions in collective agreements, working mothers with children under 15 years of age acquire the right to leave paid by the employer, amounting to at least three calendar days of actual service (instead of two and a half days). With a view to promoting equality between men and women workers with family responsibilities and the sharing of such responsibilities, the Committee requests the Government to envisage the possibility of extending this provision to working fathers of children under 15 years of age, so that such leave is granted to the men and women workers concerned on an equal footing.

Parts III and IV of the report form. Enforcement. The Committee requests the Government to provide information on labour inspectors’ activities in the area of combating discrimination and promoting equality, including, for example, extracts of inspection reports, and to provide copies of any court decisions handed down on these matters. The Committee also asks the Government to provide specific information on the procedures available to men and women workers to assert their rights in the event of discrimination and on how they operate in practice.

Since the Government’s report has not been received, the Committee hopes that a report will be submitted for examination by the Committee at its next session and that it will contain information on the following points:

Article 3(b) of the Convention. Measures to promote equality of opportunity and treatment. The Committee notes the Government’s statement that no concrete measures have been taken to raise awareness of the principle of equality. It notes that the Organization of Employers of Comoros (OPACO), in their communication received on 1 September 2009, also indicates that no such measures had been taken. The Committee nevertheless stresses the importance of educational programmes and awareness-raising measures for combating discrimination, particularly gender stereotypes regarding the professional abilities of women and stereotypes regarding the role of men and women in society, as well as for promoting genuine equality of opportunity and treatment and with a view to increasing the employment opportunities of the most vulnerable groups of the population. The Committee strongly encourages the Government to take concrete measures to raise awareness of the principle of equality of opportunity and treatment in employment and occupation among workers and employers and their organizations, officials responsible for the enforcement of the equality legislation (labour inspectors, judges, lawyers) and the public at large. Please provide information on the initiatives and action taken in this regard, in the context of the National Policy on Gender Equity and Equality or otherwise.

Article 3(d). Public service. The Committee notes that according to the Government, equality of opportunity and treatment in the public service is ensured by the strict implementation of Act No. 04-006/A.U of 10 November 2004 (“Public Service Statute”), which provides that recruitment is organized through competitions. The Committee recalls that the existence of a competition procedure for accessing the public service does not exclude the possibility of discriminatory practices in the course of recruitment or employment, particularly in respect of a career advancement. The Committee accordingly requests the Government to indicate the measures taken to ensure in practice the effective application of the principle of equality laid down in the Convention in respect of employment under the direct control of a national authority. The Committee also requests the Government to provide information on any affirmative measures it may have taken to promote equal access for women to management positions and the results obtained in this regard. Finally, the Government is once again requested to provide a copy of the 2004 Public Service Statute.

Article 5. Special measures of protection. ... The Committee requests the Government to ensure, in the context of the preparation of these regulations, that any provisions limiting the access of women to certain types of work are not based on stereotypes regarding their professional abilities and their role in society, and that they are strictly limited to the maternity protection. The Government is also requested to provide information on the consultations held with employers’ and workers’ organizations regarding this matter and to provide a copy of the regulations as soon as they are adopted.

Part V of the report form. Statistics. The Committee notes the Government’s indication that no reliable statistical data on the situation of men and women in the labour market exist. The Committee hopes that the Government, in the near future, will be able to take measures to progressively create the conditions necessary to collect and analyse such data, which are indispensable for identifying possible discrimination between men and women and to assess the impact of the measures taken to address it. It also requests the Government to provide any available information on the employment situation of men and women, both in the private and public sectors.