Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

With reference to its previous direct request, the Committee notes the detailed information supplied by the Government in its reports, including the attached documentation, statistical data and legislative texts.

1. The Committee notes that, in addition to articles 4 and 5 of the National Constitution, which provide for the equality of all citizens before the law, without distinction as to sex, nationality, race, language and religious and political convictions, article 22 of the Constitution establishes that all workers are entitled to equal pay for work of equal value, "irrespective of sex or other distinctions". It recalls, however, that when legislation sets out a list of prohibited grounds of discrimination all the grounds listed in Article 1, paragraph 1(a), of the Convention should be covered. The Committee accordingly requests the Government to indicate how the elimination of discrimination in employment and occupation on grounds of colour, national extraction and social origin, which are not listed in the Constitution, is ensured in law and in practice, and also asks it to provide information on the methods taken to promote equality of opportunity and treatment.

2. The Committee notes with interest the information provided on the activities of the General Secretariat for Equality and of the Manpower Employment Organization with regard to promoting women's participation in vocational guidance and training programmes. The Committee requests the Government to continue to provide details on the measures adopted to facilitate women's access to technical and vocational guidance and training, particularly for trades in which women are not traditionally employed, including recent statistical data, disaggregated by sex, on the enrolment rate in and graduation from technical and vocational schools and on the occupations for which training is given. It also requests the Government to provide information on other measures taken and contemplated, and the results achieved, in promoting equality of opportunity and treatment in employment and occupation, with a view to eliminating discrimination based on sex.

3. The Committee notes that in 1988 there were 132 cases against employers concerning dismissals of pregnant women or mothers, resulting in 121 reinstatements and six fines. It requests the Government to continue supplying statistical data on the number of claims specifically alleging discrimination based on sex and their outcome, and to provide detailed information on the activities of the labour inspectorate in promoting the observance of the principle of equality and opportunity in employment, as well as copies of judicial decisions concerning discrimination in employment.

4. As for the public sector, the Committee notes with interest from the latest statistics that women represent 16.3 per cent of directors in ministries and 72.3 per cent of heads of independent offices and that Act No. 2085 of 1992 requires at least one woman to participate in each service council, which are responsible for promoting officials to the posts of directors, applying criteria different from those of qualifications and seniority. On this last point, the Committee notes the Government's indication that all other promotions are based on the criteria of qualifications and seniority, and for this reason women represent only a small number of employees who attain the highest-level posts because married women have the right to retirement after 15 years of service. It asks the Government to continue supplying information on the results achieved respecting the principle of equality between the sexes, including measures taken or contemplated to eliminate statutory and administrative provisions which have the effect of nullifying equality of opportunity and treatment in employment in the public sector.

5. Noting the Government's indication in its report for the period ending 30 June 1990 that the draft text of the new Conditions of Service of Public Servants was not yet ratified due to changes in Parliament, the Committee reiterates its request to the Government to supply a copy of the adopted text once it has been promulgated. Also noting Act No. 1735 of 1987, which stresses the recruitment criteria in education (replacing Act No. 1320 of 1983, which used non-merit-based criteria), the Committee requests the Government to provide information in its next report on the application in practice of Act No. 1735 in connection with the promotion of the principle of the equality of the sexes. The Committee further notes from the Government's report for the period ending 30 June 1992 the creation of national public competitions under Act No. 1943 of 1991 for all vacant posts in the public sector so as to ensure an objective recruitment system, but that no such competitions have been conducted due to the suspension of appointments and recruitment until 31 December 1992, in accordance with Cabinet Decrees Nos. 144 of 12 December 1990 and 160 of 31 December 1991. It requests the Government to supply information in its next report on the status of the implementation of Act No. 1943 of 1991.