Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes that the Government’s report contains no reply to previous comments. It must therefore repeat its previous observation which read as follows:

1. The Committee refers to its previous comment, in which it noted the adoption of a new Constitution, which prohibits discrimination on grounds of race, sex and religion, and in which it drew the Government’s attention to the absence of any formal prohibition of any form of discrimination on the grounds of political opinion, national extraction, colour and social origin. It also noted the adoption of a number of other legislative texts, including the new Labour Code, which does not contain provisions respecting non-discrimination in employment and occupation. The Committee is bound once again to recall that, where provisions are adopted to give effect to the principle set forth in the Convention, they should prohibit all the forms of discrimination covered by Article 1, paragraph 1(a), of the Convention. It therefore requests the Government to provide information on the specific measures which have been taken or are envisaged to set out in law protection against discrimination on the grounds which are formally prohibited by the Convention, but are not laid down in the Constitution.

2. The Committee notes the Government’s statement that any person who considers that his/her constitutional rights have been violated, including in the fields of employment and occupation, has the right to appeal to the Constitutional Court. The Government also states that the new Labour Code does not establish any distinction based on the sex of the worker. The Committee wishes to recall in this respect that, while the establishment in the Constitution of the principle of equality of opportunity and treatment and the judicial protection of victims of discrimination represents an important stage in the implementation of the above principle, they cannot on their own constitute a national policy within the meaning of Article 2 of the Convention. The implementation of a policy of equality of opportunity and treatment also presupposes the adoption of specific measures designed to correct inequalities observed in practice. Indeed, the promotion of equality of opportunity and treatment in employment and occupation as advocated by the Convention is not aimed at a stable situation which can be definitively attained, but at a permanent process in the course of which the national equality policy must continually be adjusted to the changes that it brings about in society. While the Convention leaves it to each country to intervene according to the methods which appear to be the most adequate, taking into account national circumstances and customs, the effective application of the national policy of equality of opportunity and treatment requires the implementation by the State concerned of appropriate measures, the underlying principles of which are enumerated in Article 3 of the Convention. It is therefore important to emphasize the interdependence of these two means of action, consisting of the adoption of legal provisions and the preparation and implementation of programmes to promote equality and correct de facto inequalities which may exist in training, employment and conditions of work. The Committee requests the Government to take the necessary measures, as set out among other provisions in Article 3(a), (b), (c), (d) and (e) of the Convention, with a view to guaranteeing the effective application of the principle of non-discrimination in relation to equality of opportunity and treatment.

3. The Committee recalls that, under the terms of the Public Order Act of 1996, Muslim women are liable to be beaten or whipped if their dress is deemed to be indecent or if they go out in the street after nightfall, which considerably restricts their freedom of movement. Since these restrictions are not without impact on the training and employment of women, the Committee once again requests information on the measures which have been taken or are envisaged to ensure equality of access for men and women to jobs of their own choosing. In this respect, it trusts that in its next report the Government will finally provide a copy of the instructions on the dress code of what women must wear in public places, including at their workplace.

4. The Committee also requests the Government to indicate in its next report the measures which have been taken for the active promotion of equality of opportunity and treatment in vocational training and employment for all categories of workers, and particularly those who are most vulnerable in view of their social status, such as women and certain ethnic minorities (for example, the Nuba in central Sudan) and other marginalized social groups.

5. In a request addressed directly to the Government, the Committee is raising other matters concerning: jobs and occupations which are prohibited for women and the need for a woman to obtain the authorization of her husband or guardian to be able to travel abroad.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.