Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the communication dated 6 September 2005 from the International Confederation of Free Trade Unions (ICFTU) which was sent to the Government for comments on 7 October 2005.

1. Article 1 of the Convention. Sexual harassment. The Committee notes that under section 12 of the Equal Employment Act, employers, senior workers or workers shall not engage in sexual harassment at work and that the Act’s definition of sexual harassment at work contains elements of hostile environment and quid pro quo harassment (section (2(2)). Employers have an obligation to conduct educational programmes on sexual harassment (section 13) and to take disciplinary or other measures against sexual harassers. Under section 7 of the Gender, Discrimination Prevention and Relief Act employees and employers of public institutions may not engage in sexual harassment, which is regarded as a form of gender discrimination. The Committee notes that victims of sexual harassment can apply for mediation to the Equal Employment Commission or file petitions with regional labour offices. The Committee requests the Government to provide information on the practical application of the abovementioned legal provisions on sexual harassment, including examples of preventive action taken and their contribution to reducing the incidence of sexual harassment in the workplace. Please also provide information on the number of sexual harassment cases brought before the competent authorities or found through equal employment inspections, and the manner in which these cases have been resolved.

2. Indirect discrimination. Further to its observation, the Committee requests the Government to indicate whether section 30 of the National Human Rights Commission Act is meant to provide protection against indirect discrimination.

3. Article 2. Measures to promote equality of opportunity and treatment. The Committee notes with interest that the National Human Rights Commission so far has dealt with some 370 discrimination cases. It also notes that a number of surveys on discrimination in employment and occupation were scheduled to be carried out between 2002 and 2004. The themes to be examined include employment discrimination on the ground of disability, the right of public officials to equal employment and discrimination against non-regular workers. The Committee requests the Government to supply further information outcomes of employment discrimination cases handled by the Commission, as well as more detailed information on the results and follow-up to the discrimination surveys carried out by it.

4. Equality of opportunity and treatment of men and women. The Committee recalls its previous comments with regard to the equal access and participation of men and women in the different occupational groups and the levels of education of men and women workers. In this regard the Committee notes from the Government’s report that in the period covered by the statistics provided the proportion of women in professional, technical and managerial positions grew faster than that of men. In 2000, 21.9 of all male employees and 14 per cent of all female employees worked in that occupational category, while in 2003 this ratio in to 22.2 for men and 17 per cent for women. At the same time the ratio of female employees holding college or university degrees has not increased. In this context, the Committee notes that the Government is implementing affirmative action measures to increase the employment of women, including in management positions in state-owned companies and government subsidiaries, on a trial basis. It asks the Government to continue to provide information on the participation of men and women in the labour market and on any measures taken or envisaged to promote their equality of opportunity and treatment, including:

(a)  further statistical information on the participation of men and women in the different occupational groups and levels of responsibility, their participation in the labour market according to educational levels, as well as statistical information on men’s and women’s participation in university education and vocational training, according to fields of study and training;

(b)  additional information on the affirmative action measures referred to by the Government (extent, nature, impact and follow-up of the programme) and any other measures taken to promote the equal access of women to training and occupations in which they are underrepresented, and to decision-making and management positions; and

(c)  the measures taken or envisaged to promote gender equality in employment and occupation in the framework of the Second Basic Women’s Policy Plan, including assisting women and men with family responsibilities in preparing for, entering, participating in or advancing in economic activity. Please indicate whether any consideration is being given to ratifying ILO Convention No. 156 concerning workers with family responsibilities.

5. Equality of opportunity and treatment on the grounds of race, colour and national extraction. The Committee notes from the Government’s report that in addition to section 30 of the National Human Rights Commission Act, foreign workers present in the country are covered by section 5 of the Labour Standards Act which provides that employers shall not discriminate against workers on the basis of their nationality, religion or social status, and by section 22 of the Act on Foreign Workers’ Employment which states that employers shall not give unfair or discriminatory treatment to foreign workers on the ground of their status. The Committee also notes from the Government’s 12th periodic report of 2002 under the International Convention on the Elimination of all Forms of Racial Discrimination (CERD/C/426/Add.2, 17 January 2005) that Consultation Centres for Foreign Workers have been established at the regional labour offices. In the same report, the Government also indicated that it paid close attention to any possible discrimination or prejudice against ethnic minorities and that it undertook awareness raising and other measures to counter them. The Government is requested to provide information on the concrete measures taken to promote and ensure equality of opportunity and treatment of foreign workers and ethnic minorities, including the activities of the relevant public authorities, such as the National Human Rights Commission, the Consultation Centres referred to above, and the labour inspection services.

6. Article 4. Measures affecting persons suspected of or engaged in activities prejudicial to the security of the State. Recalling its previous comments regarding this Article, the Committee notes the Government’s statement that under section 14 of the National Security Act, the courts may, along with other punishments, suspend the qualification of persons convicted under the Act from practicing a certain profession for a certain period of time. The Committee again requests the Government to provide a copy of the National Security Act, which was not attached to the Government’s report. It also reiterates its request to the Government to provide information on examples of convictions that have led to restrictions of professional activities. The Committee wishes to receive such information in order to examine whether state security measures affecting access to employment and occupation are in accordance with the requirements of the Convention (General Survey, 1988, paragraphs 134-138).

7. Part IV of the report form. The Committee is requested to continue to provide information on judicial and administrative decisions relevant to the application of the Convention.