Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Article 2. National policy to promote equality in employment and occupation. The Committee notes the Government’s indication that the Labour and Employment Policy 2006 seeks to increase the access to gainful employment of women, Dalits and indigenous peoples (Janajatis). Women have benefited from coaching and training to prepare them for civil service entry exams, while the House of Representatives requested the Government to reserve at least 33 per cent of posts in state bodies for women until proportional participation is attained. The Committee notes the Government’s indication that amendments to the Civil Service Act currently under consideration propose the reservation of a certain number of posts for women, but also for Dalits and Janajatis. The Committee also notes the information provided by the Government on various projects and programmes promoting women’s access to training and income-generating activities. The Government is requested to:

(a)   continue to provide information on further developments concerning the adoption and implementation of affirmative action to promote the access to employment of women, Dalits and indigenous peoples, as well as the results achieved by such action;

(b)   continue to provide information on any other measures taken or envisaged to promote gender equality in employment and occupation, including through law reform, education, training and awareness raising;

(c)   provide statistical information on labour force participation, disaggregated by sex and, as far as possible, statistical data indicating the progress made in increasing employment and work opportunities of disadvantaged groups, such as Dalits and indigenous peoples; and

(d)   provide information on the percentage of women who have been trained for civil service examinations as compared with men, and on the measures, if any, to encourage participation of women in the training.

2. Enforcement. The Committee stresses the importance of workers having effective complaints mechanisms at their disposal to have their right to equality enforced. Where no such cases are being brought in practice, this may, inter alia, indicate that there is no appropriate legal basis for doing so or that there is a lack of awareness of the existing remedies or the absence of capacity to bring discrimination complaints. Noting that the Government is considering collecting and classifying decisions of the Labour Offices and the Labour Court, the Committee requests the Government to provide information on any decision relating to discrimination in employment and occupation on the grounds covered by the Convention.