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

1. The Committee notes the Government’s report, but regrets that it does not adequately reply to the matters raised in its previous observation. The Committee, therefore, hopes that the Government will make every effort to provide full information on all the matters raised below in its next report.

2. Article 1(1)(a) of the Convention. Definition of discrimination. The Committee once again refers to its previous comment concerning article 32 of the Constitution, which states that no one can be discriminated against in their work on the grounds of origin, opinions, beliefs, sex or matrimonial situation, but does not include the other grounds of discrimination set out in Article 1(1)(a) of the Convention, particularly race and colour. The Committee notes the statement of the Government that race and colour were never criteria for discrimination in Chad and that the legislator therefore simply omitted these terms in the Constitution. While stressing the equal importance of all grounds listed in the Convention, the Committee observes that the grounds of race and colour are of particular significance to promote and ensure equality of opportunity and treatment in employment and occupation in multi-ethnic societies. The Committee hopes that the Government will consider amending article 32 of the Constitution or adopting legislation so as to bring it fully into line with the Convention. Noting from the report that the regulations enforcing the Labour Code will take into account the grounds of race and colour, the Committee requests the Government to provide information on the progress made in this respect and to provide a copy of these regulations as soon as they are adopted.

3. Part V of the report form. Practical application and statistics. The Committee notes from the Government’s report that it has not recorded any instances of discrimination in legislation, administrative practice or in relations between persons or groups of persons. It also notes that there are no judicial decisions relevant to the Convention and that no practical difficulties have been encountered with respect to its application. The Committee reminds the Government that the absence of cases is not necessarily an indication that discrimination does not exist in practice. It also emphasises in this context that the collection of relevant data is important for both the Government and the Committee to evaluate the progress made in the application of the principle of the Convention. Noting that the National Office for the Promotion of Employment does not have statistics at its disposal regarding the application of the Convention, the Committee hopes the Government will make every effort to include information in its next report such as statistical data disaggregated by sex, race, ethnicity and religion in employment and occupation in the private and public sectors, along with any other information that may enable the Committee to assess how the provisions of the Convention are applied in practice.

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