Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Repetition

Sexual harassment. In its previous comments, the Committee noted indications from the Government that the issue of sexual harassment would be addressed in the context of both the revision of the Labour Code and the activities of the High Council of the Public Service. In its latest report the Government states that provision concerning sexual harassment will be contained in the draft Criminal Code which is currently under consideration by Parliament. Noting that there is a high incidence of violence against women in the country (CEDAW/C/BDI/4, 6 March 2007, paragraph 30), the Committee is concerned to note from the Government’s report that, in the absence of the required funds, the National Gender Policy which was aimed at addressing the problem of violence against women has not yet been implemented. The Committee requests the Government to indicate the progress in including provisions prohibiting sexual harassment in the Labour Code and the Criminal Code, as well as with regard to addressing violence against women under the National Gender Policy. It also reiterates its request for information on the measures taken by the High Council of the Public Service to prevent sexual harassment in the public sector.

Discrimination on the basis of sex. The Committee recalls its previous comments on section 122 of the Labour Code, which prohibits dismissal during maternity leave, and the fact that despite this provision such dismissals occur in the private sector. It notes that the planned maternity insurance scheme which is hoped to address this practise is still subject to consultations between the social partners. The Committee asks the Government to indicate the steps taken towards the adoption and implementation of the maternity insurance scheme in the private sector. It also reiterates its request for information on the progress and results of the labour inspectorate’s sensitization activities regarding discrimination based on pregnancy, as well as on the number and outcomes of complaints lodged by women whose employment contracts have been terminated while on maternity leave.

Gender equality in employment and occupation. ... The Committee requests the Government to provide information on the following points:

• (i) the progress made in ensuring equal access of women and girls to education and training, including in rural areas, and statistical information on the participation of men and women in vocational training, indicating the progress achieved in encouraging women to pursue occupations traditionally held by men;
• (ii) any other steps taken or envisaged to promote gender equality in employment and occupation, including through measures implemented under the National Gender Policy;
• (iii) statistical information regarding the distribution of men and women in the various sectors, occupations and positions of responsibility in both the public and the private sectors, as soon as such data becomes available.

Enforcement. Recalling its previous comments regarding the equality provisions contained in section 6(1) of Act No. 1/28 of 23 August 2006 on the general status of public servants, the Committee notes from the Government’s report that no complaint has been lodged with regard to this provision. The Committee requests the Government to continue to provide information concerning any complaints or cases concerning discrimination brought before the competent authorities, including cases involving article 22 of the Constitution, section 6(1) of Act No. 1/28 of 23 August 2006, section 6 of the Labour Code, or any other provisions applying the Convention. The Government is also asked to provide information on any measures taken by the labour inspectors to address discrimination in employment and occupation.