Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

Equality of opportunity and treatment of men and women

1. In its previous observation, the Committee welcomed legislative amendments concerning non-discrimination and equality, including section 9 of the Labour Code, while emphasizing that practical measures are also needed in order to remove any obstacles to the implementation of equality and reduce inequalities that exist in practice between men and women in employment and occupation. The Committee notes that, in 2006, the Government adopted a National Strategy for Equity and Equality between the Sexes through Gender Mainstreaming of Development Policies and Programmes. According to the National Strategy, the employment situation of women remains a concern. Women’s economic activity rate decreased from 28 per cent in 2004 to 25 per cent in 2005, while that of men decreased from 77 per cent to 76.5 per cent. Women are disproportionably affected by unemployment and a majority of them work in the informal economy, thus lacking protection from discrimination and exploitation. The Committee notes that equal access of men and women to the labour market is an explicit objective of the National Strategy and that it sets out specific approaches and measures, including the following: integration of a gender perspective in the elaboration of employment policies and programmes and implementing decrees under the Labour Code; enforcement of non-discrimination provisions; encouragement of enterprises to mainstream a gender perspective in their activities; and increased support to women entrepreneurs. The National Strategy also emphasizes the need to combat sexist stereotypes and prejudices in order to bring about changes in mentalities and behaviour. The Committee welcomes the identification of these key issues, which must be addressed in order to move forward in the realization of gender equality at work.

2. The Committee requests the Government to provide information on the implementation of the measures envisaged under the National Strategy to promote women’s equal access to vocational training, employment and occupation (pages 18-19) and to combat gender stereotypes (pages 21-22). Please indicate how the implementation of the National Strategy is monitored and assessed. In addition, the Committee requests the Government to provide information on any measures taken to ensure the effective enforcement of legislative provisions concerning non-discrimination and equality in employment and occupation, particularly section 9 of the Labour Code, and to supply any administrative or judicial decisions concerning these provisions.

3. Public administration. The Committee notes that according to the National Strategy, women’s participation in employment in the public administration is increasing, but continues to be concentrated in areas such as health, youth or education, and in jobs at the lower end of the hierarchy. The statistics for 2004 provided by the Government indicate that 35.2 per cent of civil servants were women, compared with 34.3 per cent in 2002. According to the national report “Beijing + 10”, a circular letter issued by the Prime Minister in January 2001 dealt with the access of women to positions of responsibility in the civil service. The Committee requests the Government to continue to provide statistical information to allow the Committee to assess the progress made over time in achieving a balanced representation of men and women in the different job categories, and in management and decision-making positions in the public administration. In this regard, please also provide further information on the Prime Minister’s circular of 2001 regarding women’s employment in posts of responsibility and indicate whether any mechanism exists to ensure the systematic monitoring of the progress made in promoting women to such posts.

4. Textile and clothing sector. Recalling its previous comments under Convention No. 111 and the Equal Remuneration Convention, 1951 (No. 100), concerning discrimination against women in the textile and clothing sector, the Committee notes from the Government’s report that in the framework of the decent work pilot programme carried out with ILO assistance, an action plan has been elaborated to promote effective gender equality in this sector. The action plan, inter alia, recommends measures to address the lack of knowledge of legal provisions on non-discrimination and equality and to strengthen the social performance of enterprises. The Committee recalls that, as noted in the reports of the pilot programme, women make up a large majority of workers in the textile and clothing sector, and they are particularly affected by job precariousness, wage discrimination, reduced access to on-the-job-training, long working hours and poor working conditions. The Committee, therefore, trusts that the necessary steps to ensure the full implementation of the action plan will be taken, and requests the Government to provide information on the specific measures taken and the results achieved. Please also indicate the steps taken to seek the cooperation and collaboration of the social partners to implement the action plan.

Equality of opportunity and treatment irrespective of ethnic origin

5. In its previous comments the Committee requested the Government to provide information on the manner in which equality of opportunity and treatment for members of minority groups is ensured in practice. The Government’s report merely states that the principle of equality of opportunity and treatment is applied with respect to the entire population. The Committee reminds the Government that its concerns relate to the enjoyment of equal opportunities and equal treatment in practice. It, therefore, reiterates its request to the Government to indicate whether any measures have been taken or are envisaged to ensure that, in practice, Berber (Amazigh) members of the population suffer no discrimination and enjoy equality of opportunity in employment and work. In this regard, please indicate whether any studies or reports exist on the employment situation of this group and whether any special measures are being taken to meet their particular requirements as envisaged under Article 5(2) of the Convention.

The Committee is raising other and related matters in a request addressed directly to the Government.