Repetition

Article 1(1)(a) of the Convention. Discrimination on the basis of sex. Sexual harassment. The Committee notes the Government’s indication that it plans to consult the National Council for Labour and Social Security (CONTESS) on the introduction of a prohibition on sexual harassment into the Labour Code. The Committee is aware that meetings of this tripartite body resumed in November 2016 in order to examine draft legislation amending and implementing the Labour Code in various areas. Moreover, the Committee welcomes the provisions prohibiting quid pro quo sexual harassment that appear in the enterprise agreement (in the industrial sector). The Committee trusts that the Government will take the opportunity provided by the partial revision of the Labour Code, in consultation with CONTESS, to include provisions defining, prohibiting and penalizing both quid pro quo and hostile working environment sexual harassment. It also asks the Government to take practical steps, in collaboration with workers’ and employers’ organizations, to prevent sexual harassment in employment and occupation and to raise awareness of this issue among these organizations and also among labour inspectors, magistrates and the general public. The Committee also asks that the Government continue to provide examples of clauses in enterprise and/or collective agreements which relate to sexual harassment.

Article 1(2). Inherent requirements of a particular job. With regard to section 6 of Act No. 48/AN/83/1ère L issuing the General Public Service Regulations, which prohibits discrimination on the basis of sex “subject to exceptional measures provided for in particular regulations and required by the nature of the duties”, the Government explains that there are no particular regulations that reserve jobs exclusively for women in the public service, but that in practice men do not apply for certain jobs such as that of midwife or executive secretary. While duly noting these statements, the Committee recalls that the exceptions to the principle of equality established by the Convention must be interpreted strictly and only be applied if the fact of being a man or a woman is an essential condition for performing the job or exercising the occupation, as in the case of jobs involving physical intimacy. The Committee asks the Government to ensure that the exception established by section 6 of Act No. 48/AN/83/1ère L issuing the General Public Service Regulations is interpreted and applied in a restrictive manner, taking account of the principle of equality between men and women in employment and occupation. The Committee asks the Government to provide information on any limitation on the employment of women adopted on the basis of this section.

Article 2. Equality of opportunity and treatment for men and women. The Committee notes that, according to the statistics provided by the Government, the employment rate in 2009 was 29.4 per cent for women compared with 44.5 per cent for men, and that girls accounted for some 42 per cent of pupils in public middle and secondary general education in 2011–12 compared with around 39 per cent in 2004–05; the percentage of girls following technical and vocational education was not indicated (statistical yearbook of Djibouti, 2012 edition). The Committee notes with interest the steps taken by the Government to implement a literacy programme for girls and women (1,700 participants between 2008 and 2011) and the introduction of vocational training courses aimed at giving women access to jobs generally occupied by men (heavy goods vehicle and bus drivers, personal security guards, etc.), and the adoption of the National Gender Policy 2011–21. According to the National Gender Policy document, the final evaluation of the National Strategy for the Integration of Women (SNIFD) in 2010 showed that progress had been made for women, particularly in terms of access to primary and secondary education, respect for their fundamental rights and their representation in decision-making bodies. However, the evaluation also underlined the inequalities that affect women, particularly in terms of poverty, illiteracy and limited access to economic resources and opportunities. The National Gender Policy document identifies certain causes of inequalities with regard to employment and economic opportunities, such as stereotypes concerning the roles of men and women in society, the unequal division of domestic work, unequal access to the means of production, technology and credit, and unequal levels of education and training. The National Gender Policy comprises five strategic components, including the promotion of gender awareness in households and the community and the equitable promotion of the potential of women and men within the economy and of their access to economic resources, and it provides, inter alia, for the revision and the harmonization of legislation with international agreements and the adoption of additional legal measures to eliminate discrimination and ensure gender equality. While noting this information, the Committee asks the Government to continue to take steps aimed at improving equal access for men and women to all levels of education and vocational training, land, credit and employment, by continuing to combat gender stereotyping and occupational segregation of men and women, in order to increase the participation of women in the labour market, including in occupations predominantly undertaken by men, and in managerial posts. The Committee also asks the Government to provide information on the legislative and practical measures taken to implement the National Gender Policy 2011–21 and also on the results achieved in the areas of education, vocational training and employment, sending copies of the evaluation reports for this policy.

Article 3(d). Public service. Family allowances. The Committee recalls that the family allowances provided for under sections 7–13 of Decree No. 83 098/PR/FP of 10 September 1983 are paid to public servants who are heads of families, that is, solely to male public servants (in accordance with section 31 of the Family Code, which provides that the husband is the head of the family). The Government indicates that it will consult CONTESS on this matter with a view to amending these sections. Recalling that these provisions are contrary to the principle of equal treatment for men and women, the Committee asks the Government to take the necessary steps to amend them so that women public servants can also benefit from family allowances on an equal footing with men public servants and, where both spouses are public servants, allowing them to choose which of them should receive the allowances. The Committee asks the Government to provide information on the measures taken in this regard, including the outcome of any consultations with CONTESS on this matter.

Article 5. Affirmative action. Public sector. The Committee notes the Government’s statement that the measures for achieving representation of each sex of at least 20 per cent in higher-level state jobs established by Decree No. 2008 0270/PR/MPF of 26 November 2008 relate to the posts of secretary-general, technical adviser, director, head of service, ambassador, embassy adviser and consul. It also indicates that it is planned to consult CONTESS regarding the extension of the application of this decree to local administrations. The Committee asks the Government to provide information on the steps taken to apply this Decree, particularly with regard to training, and on the results achieved in terms of the participation of women in supervisory posts in the administration. The Committee also asks the Government to indicate whether the application of this Decree has been extended to local administrations, after consultation with CONTESS and, if not, whether other steps have been taken or are planned to promote the access of women to supervisory posts within these administrations.

Special measures of protection for women. The Committee notes the Government’s indication that the draft order establishing the types of work and enterprises from which pregnant women and young persons are prohibited provided for in section 111 of the Labour Code, has been drawn up and was due to be submitted to CONTESS in April 2016. Noting that the Government only refers in its report to “pregnant women” and recalling that special measures which exclude women from certain jobs and occupations must not go beyond what is strictly required to protect maternity in the broad sense, the Committee asks the Government to clarify whether the draft ordinance has been examined by CONTESS and whether it is concerned with women in general or only pregnant women. It asks the Government to send a copy of the order once it has been adopted.

Labour inspection. The Committee notes the Government’s indication that a first case of discrimination concerning persons living with HIV/AIDS was recorded in 2016 by the labour inspectorate and that it is being examined. With particular regard to the protection of persons living with HIV against discrimination and stigmatization, the Committee would like to draw the Government’s attention to the provisions of the HIV and AIDS Recommendation, 2010 (No. 200), and asks it to provide information on the administrative and/or judicial follow-up to the case referred to above. The Committee also asks the Government to continue providing information on the steps taken by the competent authorities to monitor the application of the legislative provisions on discrimination in employment and occupation (the Labour Code and Act No. 174/AN/07/5e L) setting out protective measures adapted to the situation of persons living with HIV and AIDS and vulnerable groups.

Repetition

Article 1(1)(a) of the Convention. Discrimination on the basis of sex. Sexual harassment. The Committee notes the Government’s indication that it plans to consult the National Council for Labour and Social Security (CONTESS) on the introduction of a prohibition on sexual harassment into the Labour Code. The Committee is aware that meetings of this tripartite body resumed in November 2016 in order to examine draft legislation amending and implementing the Labour Code in various areas. Moreover, the Committee welcomes the provisions prohibiting quid pro quo sexual harassment that appear in the enterprise agreement (in the industrial sector). The Committee trusts that the Government will take the opportunity provided by the partial revision of the Labour Code, in consultation with CONTESS, to include provisions defining, prohibiting and penalizing both quid pro quo and hostile working environment sexual harassment. It also asks the Government to take practical steps, in collaboration with workers’ and employers’ organizations, to prevent sexual harassment in employment and occupation and to raise awareness of this issue among these organizations and also among labour inspectors, magistrates and the general public. The Committee also asks that the Government continue to provide examples of clauses in enterprise and/or collective agreements which relate to sexual harassment.

Article 1(2). Inherent requirements of a particular job. With regard to section 6 of Act No. 48/AN/83/1ère L issuing the General Public Service Regulations, which prohibits discrimination on the basis of sex “subject to exceptional measures provided for in particular regulations and required by the nature of the duties”, the Government explains that there are no particular regulations that reserve jobs exclusively for women in the public service, but that in practice men do not apply for certain jobs such as that of midwife or executive secretary. While duly noting these statements, the Committee recalls that the exceptions to the principle of equality established by the Convention must be interpreted strictly and only be applied if the fact of being a man or a woman is an essential condition for performing the job or exercising the occupation, as in the case of jobs involving physical intimacy. The Committee asks the Government to ensure that the exception established by section 6 of Act No. 48/AN/83/1ère L issuing the General Public Service Regulations is interpreted and applied in a restrictive manner, taking account of the principle of equality between men and women in employment and occupation. The Committee asks the Government to provide information on any limitation on the employment of women adopted on the basis of this section.

Article 2. Equality of opportunity and treatment for men and women. The Committee notes that, according to the statistics provided by the Government, the employment rate in 2009 was 29.4 per cent for women compared with 44.5 per cent for men, and that girls accounted for some 42 per cent of pupils in public middle and secondary general education in 2011–12 compared with around 39 per cent in 2004–05; the percentage of girls following technical and vocational education was not indicated (statistical yearbook of Djibouti, 2012 edition). The Committee notes with interest the steps taken by the Government to implement a literacy programme for girls and women (1,700 participants between 2008 and 2011) and the introduction of vocational training courses aimed at giving women access to jobs generally occupied by men (heavy goods vehicle and bus drivers, personal security guards, etc.), and the adoption of the National Gender Policy 2011–21. According to the National Gender Policy document, the final evaluation of the National Strategy for the Integration of Women (SNIFD) in 2010 showed that progress had been made for women, particularly in terms of access to primary and secondary education, respect for their fundamental rights and their representation in decision-making bodies. However, the evaluation also underlined the inequalities that affect women, particularly in terms of poverty, illiteracy and limited access to economic resources and opportunities. The National Gender Policy document identifies certain causes of inequalities with regard to employment and economic opportunities, such as stereotypes concerning the roles of men and women in society, the unequal division of domestic work, unequal access to the means of production, technology and credit, and unequal levels of education and training. The National Gender Policy comprises five strategic components, including the promotion of gender awareness in households and the community and the equitable promotion of the potential of women and men within the economy and of their access to economic resources, and it provides, inter alia, for the revision and the harmonization of legislation with international agreements and the adoption of additional legal measures to eliminate discrimination and ensure gender equality. While noting this information, the Committee asks the Government to continue to take steps aimed at improving equal access for men and women to all levels of education and vocational training, land, credit and employment, by continuing to combat gender stereotyping and occupational segregation of men and women, in order to increase the participation of women in the labour market, including in occupations predominantly undertaken by men, and in managerial posts. The Committee also asks the Government to provide information on the legislative and practical measures taken to implement the National Gender Policy 2011–21 and also on the results achieved in the areas of education, vocational training and employment, sending copies of the evaluation reports for this policy.

Article 3(d). Public service. Family allowances. The Committee recalls that the family allowances provided for under sections 7–13 of Decree No. 83 098/PR/FP of 10 September 1983 are paid to public servants who are heads of families, that is, solely to male public servants (in accordance with section 31 of the Family Code, which provides that the husband is the head of the family). The Government indicates that it will consult CONTESS on this matter with a view to amending these sections. Recalling that these provisions are contrary to the principle of equal treatment for men and women, the Committee asks the Government to take the necessary steps to amend them so that women public servants can also benefit from family allowances on an equal footing with men public servants and, where both spouses are public servants, allowing them to choose which of them should receive the allowances. The Committee asks the Government to provide information on the measures taken in this regard, including the outcome of any consultations with CONTESS on this matter.

Article 5. Affirmative action. Public sector. The Committee notes the Government’s statement that the measures for achieving representation of each sex of at least 20 per cent in higher-level state jobs established by Decree No. 2008 0270/PR/MPF of 26 November 2008 relate to the posts of secretary-general, technical adviser, director, head of service, ambassador, embassy adviser and consul. It also indicates that it is planned to consult CONTESS regarding the extension of the application of this decree to local administrations. The Committee asks the Government to provide information on the steps taken to apply this Decree, particularly with regard to training, and on the results achieved in terms of the participation of women in supervisory posts in the administration. The Committee also asks the Government to indicate whether the application of this Decree has been extended to local administrations, after consultation with CONTESS and, if not, whether other steps have been taken or are planned to promote the access of women to supervisory posts within these administrations.

Special measures of protection for women. The Committee notes the Government’s indication that the draft order establishing the types of work and enterprises from which pregnant women and young persons are prohibited provided for in section 111 of the Labour Code, has been drawn up and was due to be submitted to CONTESS in April 2016. Noting that the Government only refers in its report to “pregnant women” and recalling that special measures which exclude women from certain jobs and occupations must not go beyond what is strictly required to protect maternity in the broad sense, the Committee asks the Government to clarify whether the draft ordinance has been examined by CONTESS and whether it is concerned with women in general or only pregnant women. It asks the Government to send a copy of the order once it has been adopted.

Labour inspection. The Committee notes the Government’s indication that a first case of discrimination concerning persons living with HIV/AIDS was recorded in 2016 by the labour inspectorate and that it is being examined. With particular regard to the protection of persons living with HIV against discrimination and stigmatization, the Committee would like to draw the Government’s attention to the provisions of the HIV and AIDS Recommendation, 2010 (No. 200), and asks it to provide information on the administrative and/or judicial follow-up to the case referred to above. The Committee also asks the Government to continue providing information on the steps taken by the competent authorities to monitor the application of the legislative provisions on discrimination in employment and occupation (the Labour Code and Act No. 174/AN/07/5e L) setting out protective measures adapted to the situation of persons living with HIV and AIDS and vulnerable groups.

Repetition

Article 1(1)(a) of the Convention. Discrimination on the basis of sex. Sexual harassment. The Committee notes the Government’s indication that it plans to consult the National Council for Labour and Social Security (CONTESS) on the introduction of a prohibition on sexual harassment into the Labour Code. The Committee is aware that meetings of this tripartite body resumed in November 2016 in order to examine draft legislation amending and implementing the Labour Code in various areas. Moreover, the Committee welcomes the provisions prohibiting quid pro quo sexual harassment that appear in the enterprise agreement (in the industrial sector). The Committee trusts that the Government will take the opportunity provided by the partial revision of the Labour Code, in consultation with CONTESS, to include provisions defining, prohibiting and penalizing both quid pro quo and hostile working environment sexual harassment. It also asks the Government to take practical steps, in collaboration with workers’ and employers’ organizations, to prevent sexual harassment in employment and occupation and to raise awareness of this issue among these organizations and also among labour inspectors, magistrates and the general public. The Committee also asks that the Government continue to provide examples of clauses in enterprise and/or collective agreements which relate to sexual harassment.

Article 1(2). Inherent requirements of a particular job. With regard to section 6 of Act No. 48/AN/83/1ère L issuing the General Public Service Regulations, which prohibits discrimination on the basis of sex “subject to exceptional measures provided for in particular regulations and required by the nature of the duties”, the Government explains that there are no particular regulations that reserve jobs exclusively for women in the public service, but that in practice men do not apply for certain jobs such as that of midwife or executive secretary. While duly noting these statements, the Committee recalls that the exceptions to the principle of equality established by the Convention must be interpreted strictly and only be applied if the fact of being a man or a woman is an essential condition for performing the job or exercising the occupation, as in the case of jobs involving physical intimacy. The Committee asks the Government to ensure that the exception established by section 6 of Act No. 48/AN/83/1ère L issuing the General Public Service Regulations is interpreted and applied in a restrictive manner, taking account of the principle of equality between men and women in employment and occupation. The Committee asks the Government to provide information on any limitation on the employment of women adopted on the basis of this section.

Article 2. Equality of opportunity and treatment for men and women. The Committee notes that, according to the statistics provided by the Government, the employment rate in 2009 was 29.4 per cent for women compared with 44.5 per cent for men, and that girls accounted for some 42 per cent of pupils in public middle and secondary general education in 2011–12 compared with around 39 per cent in 2004–05; the percentage of girls following technical and vocational education was not indicated (statistical yearbook of Djibouti, 2012 edition). The Committee notes with interest the steps taken by the Government to implement a literacy programme for girls and women (1,700 participants between 2008 and 2011) and the introduction of vocational training courses aimed at giving women access to jobs generally occupied by men (heavy goods vehicle and bus drivers, personal security guards, etc.), and the adoption of the National Gender Policy 2011–21. According to the National Gender Policy document, the final evaluation of the National Strategy for the Integration of Women (SNIFD) in 2010 showed that progress had been made for women, particularly in terms of access to primary and secondary education, respect for their fundamental rights and their representation in decision-making bodies. However, the evaluation also underlined the inequalities that affect women, particularly in terms of poverty, illiteracy and limited access to economic resources and opportunities. The National Gender Policy document identifies certain causes of inequalities with regard to employment and economic opportunities, such as stereotypes concerning the roles of men and women in society, the unequal division of domestic work, unequal access to the means of production, technology and credit, and unequal levels of education and training. The National Gender Policy comprises five strategic components, including the promotion of gender awareness in households and the community and the equitable promotion of the potential of women and men within the economy and of their access to economic resources, and it provides, inter alia, for the revision and the harmonization of legislation with international agreements and the adoption of additional legal measures to eliminate discrimination and ensure gender equality. While noting this information, the Committee asks the Government to continue to take steps aimed at improving equal access for men and women to all levels of education and vocational training, land, credit and employment, by continuing to combat gender stereotyping and occupational segregation of men and women, in order to increase the participation of women in the labour market, including in occupations predominantly undertaken by men, and in managerial posts. The Committee also asks the Government to provide information on the legislative and practical measures taken to implement the National Gender Policy 2011–21 and also on the results achieved in the areas of education, vocational training and employment, sending copies of the evaluation reports for this policy.

Article 3(d). Public service. Family allowances. The Committee recalls that the family allowances provided for under sections 7–13 of Decree No. 83 098/PR/FP of 10 September 1983 are paid to public servants who are heads of families, that is, solely to male public servants (in accordance with section 31 of the Family Code, which provides that the husband is the head of the family). The Government indicates that it will consult CONTESS on this matter with a view to amending these sections. Recalling that these provisions are contrary to the principle of equal treatment for men and women, the Committee asks the Government to take the necessary steps to amend them so that women public servants can also benefit from family allowances on an equal footing with men public servants and, where both spouses are public servants, allowing them to choose which of them should receive the allowances. The Committee asks the Government to provide information on the measures taken in this regard, including the outcome of any consultations with CONTESS on this matter.

Article 5. Affirmative action. Public sector. The Committee notes the Government’s statement that the measures for achieving representation of each sex of at least 20 per cent in higher-level state jobs established by Decree No. 2008 0270/PR/MPF of 26 November 2008 relate to the posts of secretary-general, technical adviser, director, head of service, ambassador, embassy adviser and consul. It also indicates that it is planned to consult CONTESS regarding the extension of the application of this decree to local administrations. The Committee asks the Government to provide information on the steps taken to apply this Decree, particularly with regard to training, and on the results achieved in terms of the participation of women in supervisory posts in the administration. The Committee also asks the Government to indicate whether the application of this Decree has been extended to local administrations, after consultation with CONTESS and, if not, whether other steps have been taken or are planned to promote the access of women to supervisory posts within these administrations.

Special measures of protection for women. The Committee notes the Government’s indication that the draft order establishing the types of work and enterprises from which pregnant women and young persons are prohibited provided for in section 111 of the Labour Code, has been drawn up and was due to be submitted to CONTESS in April 2016. Noting that the Government only refers in its report to “pregnant women” and recalling that special measures which exclude women from certain jobs and occupations must not go beyond what is strictly required to protect maternity in the broad sense, the Committee asks the Government to clarify whether the draft ordinance has been examined by CONTESS and whether it is concerned with women in general or only pregnant women. It asks the Government to send a copy of the order once it has been adopted.

Labour inspection. The Committee notes the Government’s indication that a first case of discrimination concerning persons living with HIV/AIDS was recorded in 2016 by the labour inspectorate and that it is being examined. With particular regard to the protection of persons living with HIV against discrimination and stigmatization, the Committee would like to draw the Government’s attention to the provisions of the HIV and AIDS Recommendation, 2010 (No. 200), and asks it to provide information on the administrative and/or judicial follow-up to the case referred to above. The Committee also asks the Government to continue providing information on the steps taken by the competent authorities to monitor the application of the legislative provisions on discrimination in employment and occupation (the Labour Code and Act No. 174/AN/07/5e L) setting out protective measures adapted to the situation of persons living with HIV and AIDS and vulnerable groups.

Repetition

Article 1(1)(a) of the Convention. Discrimination on the basis of sex. Sexual harassment. The Committee notes the Government’s indication that it plans to consult the National Council for Labour and Social Security (CONTESS) on the introduction of a prohibition on sexual harassment into the Labour Code. The Committee is aware that meetings of this tripartite body resumed in November 2016 in order to examine draft legislation amending and implementing the Labour Code in various areas. Moreover, the Committee welcomes the provisions prohibiting quid pro quo sexual harassment that appear in the enterprise agreement (in the industrial sector). The Committee trusts that the Government will take the opportunity provided by the partial revision of the Labour Code, in consultation with CONTESS, to include provisions defining, prohibiting and penalizing both quid pro quo and hostile working environment sexual harassment. It also asks the Government to take practical steps, in collaboration with workers’ and employers’ organizations, to prevent sexual harassment in employment and occupation and to raise awareness of this issue among these organizations and also among labour inspectors, magistrates and the general public. The Committee also asks that the Government continue to provide examples of clauses in enterprise and/or collective agreements which relate to sexual harassment.

Article 1(2). Inherent requirements of a particular job. With regard to section 6 of Act No. 48/AN/83/1ère L issuing the General Public Service Regulations, which prohibits discrimination on the basis of sex “subject to exceptional measures provided for in particular regulations and required by the nature of the duties”, the Government explains that there are no particular regulations that reserve jobs exclusively for women in the public service, but that in practice men do not apply for certain jobs such as that of midwife or executive secretary. While duly noting these statements, the Committee recalls that the exceptions to the principle of equality established by the Convention must be interpreted strictly and only be applied if the fact of being a man or a woman is an essential condition for performing the job or exercising the occupation, as in the case of jobs involving physical intimacy. The Committee asks the Government to ensure that the exception established by section 6 of Act No. 48/AN/83/1ère L issuing the General Public Service Regulations is interpreted and applied in a restrictive manner, taking account of the principle of equality between men and women in employment and occupation. The Committee asks the Government to provide information on any limitation on the employment of women adopted on the basis of this section.

Article 2. Equality of opportunity and treatment for men and women. The Committee notes that, according to the statistics provided by the Government, the employment rate in 2009 was 29.4 per cent for women compared with 44.5 per cent for men, and that girls accounted for some 42 per cent of pupils in public middle and secondary general education in 2011–12 compared with around 39 per cent in 2004–05; the percentage of girls following technical and vocational education was not indicated (statistical yearbook of Djibouti, 2012 edition). The Committee notes with interest the steps taken by the Government to implement a literacy programme for girls and women (1,700 participants between 2008 and 2011) and the introduction of vocational training courses aimed at giving women access to jobs generally occupied by men (heavy goods vehicle and bus drivers, personal security guards, etc.), and the adoption of the National Gender Policy 2011–21. According to the National Gender Policy document, the final evaluation of the National Strategy for the Integration of Women (SNIFD) in 2010 showed that progress had been made for women, particularly in terms of access to primary and secondary education, respect for their fundamental rights and their representation in decision-making bodies. However, the evaluation also underlined the inequalities that affect women, particularly in terms of poverty, illiteracy and limited access to economic resources and opportunities. The National Gender Policy document identifies certain causes of inequalities with regard to employment and economic opportunities, such as stereotypes concerning the roles of men and women in society, the unequal division of domestic work, unequal access to the means of production, technology and credit, and unequal levels of education and training. The National Gender Policy comprises five strategic components, including the promotion of gender awareness in households and the community and the equitable promotion of the potential of women and men within the economy and of their access to economic resources, and it provides, inter alia, for the revision and the harmonization of legislation with international agreements and the adoption of additional legal measures to eliminate discrimination and ensure gender equality. While noting this information, the Committee asks the Government to continue to take steps aimed at improving equal access for men and women to all levels of education and vocational training, land, credit and employment, by continuing to combat gender stereotyping and occupational segregation of men and women, in order to increase the participation of women in the labour market, including in occupations predominantly undertaken by men, and in managerial posts. The Committee also asks the Government to provide information on the legislative and practical measures taken to implement the National Gender Policy 2011–21 and also on the results achieved in the areas of education, vocational training and employment, sending copies of the evaluation reports for this policy.

Article 3(d). Public service. Family allowances. The Committee recalls that the family allowances provided for under sections 7–13 of Decree No. 83 098/PR/FP of 10 September 1983 are paid to public servants who are heads of families, that is, solely to male public servants (in accordance with section 31 of the Family Code, which provides that the husband is the head of the family). The Government indicates that it will consult CONTESS on this matter with a view to amending these sections. Recalling that these provisions are contrary to the principle of equal treatment for men and women, the Committee asks the Government to take the necessary steps to amend them so that women public servants can also benefit from family allowances on an equal footing with men public servants and, where both spouses are public servants, allowing them to choose which of them should receive the allowances. The Committee asks the Government to provide information on the measures taken in this regard, including the outcome of any consultations with CONTESS on this matter.

Article 5. Affirmative action. Public sector. The Committee notes the Government’s statement that the measures for achieving representation of each sex of at least 20 per cent in higher-level state jobs established by Decree No. 2008 0270/PR/MPF of 26 November 2008 relate to the posts of secretary-general, technical adviser, director, head of service, ambassador, embassy adviser and consul. It also indicates that it is planned to consult CONTESS regarding the extension of the application of this decree to local administrations. The Committee asks the Government to provide information on the steps taken to apply this Decree, particularly with regard to training, and on the results achieved in terms of the participation of women in supervisory posts in the administration. The Committee also asks the Government to indicate whether the application of this Decree has been extended to local administrations, after consultation with CONTESS and, if not, whether other steps have been taken or are planned to promote the access of women to supervisory posts within these administrations.

Special measures of protection for women. The Committee notes the Government’s indication that the draft order establishing the types of work and enterprises from which pregnant women and young persons are prohibited provided for in section 111 of the Labour Code, has been drawn up and was due to be submitted to CONTESS in April 2016. Noting that the Government only refers in its report to “pregnant women” and recalling that special measures which exclude women from certain jobs and occupations must not go beyond what is strictly required to protect maternity in the broad sense, the Committee asks the Government to clarify whether the draft ordinance has been examined by CONTESS and whether it is concerned with women in general or only pregnant women. It asks the Government to send a copy of the order once it has been adopted.

Labour inspection. The Committee notes the Government’s indication that a first case of discrimination concerning persons living with HIV/AIDS was recorded in 2016 by the labour inspectorate and that it is being examined. With particular regard to the protection of persons living with HIV against discrimination and stigmatization, the Committee would like to draw the Government’s attention to the provisions of the HIV and AIDS Recommendation, 2010 (No. 200), and asks it to provide information on the administrative and/or judicial follow-up to the case referred to above. The Committee also asks the Government to continue providing information on the steps taken by the competent authorities to monitor the application of the legislative provisions on discrimination in employment and occupation (the Labour Code and Act No. 174/AN/07/5e L) setting out protective measures adapted to the situation of persons living with HIV and AIDS and vulnerable groups.

Repetition

Article 1(2) of the Convention. Inherent requirements of a particular job. The Committee notes the Government’s indication that section 6 of Act No. 48/AN/83/1st L issuing the general conditions of service of public officials, which prohibits discrimination based on sex “subject to exceptional measures envisaged in specific conditions of service and required by the nature of the functions”, makes reference to the “nature of certain jobs exclusively held by women in the public service, such as supervisors of midwives and secretaries to directors”. The Committee wishes to draw the Government’s attention to Article 1(2) of the Convention, under the terms of which any distinction, exclusion or preference in respect of a particular job based on the inherent requirements thereof shall not be deemed to be discrimination, and recalls that this exception has to be interpreted restrictively so as to avoid any unjustified limitation on the protection against discrimination afforded by the Convention. Reserving a job or occupation exclusively for men or exclusively for women is discriminatory, unless the fact of being a man or a woman is an essential condition for holding the job or exercising the occupation such as, for example, jobs involving physical intimacy. The Committee requests the Government to specify whether the jobs and occupations concerned by the exceptional measures within the meaning of section 6 of the general conditions of service of public officials and “exclusively held by women” can also be performed by men. If not, the Committee requests the Government to undertake an in-depth examination of whether these jobs meet the conditions envisaged in Article 1(2) of the Convention, in light of the principle of equality of opportunity and treatment set out in the Convention.

Sexual harassment. The Committee notes the Government’s reference to section 258(16) of the Labour Code, which provides that collective agreements may include provisions on the protection of workers against sexual harassment. The Committee reiterates its request for information on the measures adopted or envisaged to prevent and prohibit sexual harassment at work and it requests the Government to examine the possibility of introducing provisions into the Labour Code for this purpose. Please provide examples of clauses in collective agreements relating to the protection of workers against sexual harassment.

Article 2. Equality of opportunity and treatment for men and women in employment and occupation. In its previous comments, the Committee referred to Act No. 173/AN/02/4th L of 7 July 2002, defining the national policy on the integration of women in development for the 2003–12 decade and establishing the National Women’s Integration Strategy (SNIFD) and its plan of action as a national objective. The Committee requests the Government to provide information on the implementation of the SNIFD and its plan of action, and the results achieved.

Access to education and vocational training. Vocational guidance. The Committee notes the Government’s indication that children have a right to education without any discrimination and that public education is free of charge. However, the Committee notes that, in its concluding observations, the UN Committee on the Elimination of Discrimination against Women (CEDAW) emphasizes the low enrolment rate of girls at the secondary level and the low female literacy rate, especially in rural areas, and the systematic emphasis in vocational training on fields that are traditionally female-dominated (sewing, cooking and hairdressing), which confine women to low-paid jobs (CEDAW/C/DJI/CO/1-3, 2 August 2011, paragraph 26). Emphasizing that access to education and the availability of a diversified range of vocational training courses is an extremely important element in ensuring equality in the labour market, the Committee requests the Government to take active measures to promote the access of girls and women to education and vocational training, without any consideration based on sexist stereotypes or prejudices. It also requests the Government to encourage their vocational training in fields offering diversified and better-paid employment opportunities, while combating stereotypes concerning their aspirations, preferences and capabilities in relation to certain jobs or occupations.

With regard to the access of women and men to credit, the Committee notes the information provided by the Government on the Social Development Fund project, which has established a system of micro-credit for the disadvantaged, and on the creation of the People’s Savings and Credit Fund of Djibouti, which groups together and institutionalizes micro-credit activities. Noting that these mechanisms have made it possible for women, particularly those working in the informal economy, to benefit from micro-credit with a view to creating income-generating activities, the Committee requests the Government to continue providing data on women who have benefited from micro-credit and the activities undertaken. The Government is also requested to indicate the measures adopted or envisaged more generally to facilitate the access of women to resources, and particularly to credit, on an equal footing with men.

Article 3(d). Public service. Family allowances. The Committee notes the Government’s explanations concerning the family allowances paid to public servants, under the terms of Decree No. 83-098/PR/FP of 10 September 1983. The Committee notes the Government’s confirmation that the family allowances envisaged by sections 7–13 of the Decree are granted to public servants who are heads of families, or in other words solely to male public servants in accordance with section 31 of the Family Code, which provides that the husband is the head of the family. The Committee considers that such provisions are contrary to the principle of equality of treatment for men and women and requests the Government to take the necessary measures for their amendment so that women public servants can also benefit from family allowances on an equal footing with male public servants.

Affirmative action. Public sector. The Committee notes that a Decree issued in November 2008 under Act No. 192/AN/02/4th L of 13 November 2002 is intended to achieve a representation of each sex of at least 20 per cent in higher level state jobs. The Committee requests the Government to provide information on the implementation of this Decree, with an indication of the positions concerned and the results achieve in terms of the participation of women in positions of responsibility in the administration. Please indicate whether this text is applicable to local administrations and, if not, whether measures have been taken or are envisaged to promote the access of women to positions of responsibility in local authorities.

Article 5. Special measures of protection for women. The Committee notes that the Order determining the nature of the work and the categories of enterprises prohibited for women, pregnant women and young persons, envisaged under section 111 of the Labour Code, has not yet been adopted. Recalling that special measures which exclude women from employment and occupation must not go beyond what is strictly required to protect maternity, the Committee requests the Government to provide a copy of the Decree once it has been adopted.

Labour inspection. The Committee requests the Government to provide information on the measures taken by the competent authorities to ensure the effective application of sections 3 and 117 of the Labour Code and of section 10 of Act No. 174/AN/07/5th L issuing protective measures adapted to the situation of persons living with HIV/AIDS and vulnerable groups. Please provide information on the preventive and supervisory activities of labour inspectors (the number of cases dealt with and the grounds of discrimination concerned) and on court decisions relating to discrimination in employment and occupation.

Repetition

The Committee notes the Government’s first report, as well as the observations concerning the application of the Convention made by the General Union of Djibouti Workers (UGTD) in their communication dated 11 August 2007. The Committee draws the Government’s attention to the issues set out below.

Article 1(1)(a) and (b) of the Convention. Prohibition of discrimination. The Committee notes that section 3 of the Labour Code provides that the employer, in his or her decisions concerning recruitment, organization and assignment of work, vocational training, promotion, remuneration and other working conditions, social benefits, discipline and termination of employment, shall not take into account the worker’s sex, age, race, colour, social origin, nationality or national extraction, trade union membership or non-membership or activities, or opinions, including religious or political opinions. In addition, section 117 prohibits discrimination based on disability and Act No. 174 of 2007 on protective measures for persons living with HIV/AIDS and other vulnerable groups prohibits discrimination in employment and occupation based on real or presumed HIV/AIDS status. The Committee requests the Government to provide information on the measures taken by the competent authorities to enforce these provisions, including relevant activities of the labour inspectorate and court decisions. In this regard, please indicate the number and nature of any cases addressed, including any sanctions imposed and remedies provided.

Sexual harassment. The Committee notes that the Government’s report contains no information on sexual harassment at work. Recalling that sexual harassment constitutes discrimination based on sex under the Convention, the Committee requests the Government to indicate the measures taken or envisaged to prevent and prohibit sexual harassment at work.

Article 2. National policy to promote equality of opportunity and treatment in employment and occupation. The Committee notes the information provided by the Government regarding its efforts to promote women’s access to employment and occupation and the existing obstacles in this regard, including traditional attitudes regarding women’s role in the family and society and discriminatory practices in the private sector excluding women during or following pregnancy. The Committee also notes that under section 31 of the Family Code the husband is the head of the family and that the wife must respect the prerogatives of the husband to whom she owes obedience. The Committee further notes Act No. 173/AN/02/4ieme (L) defining the national policy regarding the integration of women in development and the annexed National Strategy and Action plan. According to the National Action Plan, women’s access to employment in the private and public sectors remains very limited, whereas women are concentrated in the informal economy. The Committee requests the Government to provide further information on the following:

• (i) the measures taken to address traditional social attitudes impairing the right of women to equality in employment and occupation and discriminatory employment practices, and on whether pursuant to section 31 of the Family Code, a husband may prohibit his wife from taking up a professional activity;
• (ii) the measures taken to promote equal participation of men and women in education, training and employment in the private and public sectors;
• (iii) the measures taken to address the situation of women working in the informal economy, including through ensuring equal access to credit.

Article 3(d). Civil service. The Committee notes that section 6 of the Civil Service Act, 1983, provides that no distinction is made between the sexes in the application of the Act, except where it is provided otherwise under separate laws and where this is required by the nature of the post. The Committee requests the Government to provide full information on any separate provision made regarding the employment of women in the civil service, including any special conditions or requirements applying to women by reason of the nature of the post.

The Committee further notes Decree No. 83-098/PR/FP, 1983, regarding remuneration and social benefits granted to civil servants which provides for four types of family allowances. The Committee is concerned that the Decree’s provisions do not appear to provide for equality of opportunity and treatment of men and women with respect to family allowances, which is contrary to the Convention. The Committee requests the Government to indicate the following:

• (i) whether the allowance provided for in section 5 (“salaire unique”) is granted to married women civil servants on an equal footing with their male counterparts; and
• (ii) the manner in which the child benefit is granted under sections 7 to 12 of the Decree in case both spouses are civil servants, and whether women civil servants have the right to receive child benefits in case the husband is employed elsewhere than in the civil service.

Article 5. Special measures of protection for women. Section 111 of the Labour Code provides that a decree of the responsible ministry, following an opinion of the National Labour Council, will establish the types of work and categories of enterprises prohibited for women, pregnant women and young persons. The Committee requests the Government to ensure that special measures excluding women from employment and occupation do not go beyond what is strictly required to protect maternity, since otherwise they would be contrary to the principle of equality of opportunity and treatment. The Committee also requests the Government to provide a copy of the Decree envisaged under section 111.

Section 112 provides that the labour inspectorate can order examinations into whether the work performed by women and young persons exceeds their physical strength. The Committee requests the Committee to provide information on the implementation, in practice, of section 112, and the number and outcomes of any such examination carried out in respect of women.

Repetition

The Committee notes the Government’s first report, as well as the observations concerning the application of the Convention made by the General Union of Djibouti Workers (UGTD) in their communication dated 11 August 2007. The Committee draws the Government’s attention to the issues set out below.

Article 1(1)(a) and (b) of the Convention. Prohibition of discrimination. The Committee notes that section 3 of the Labour Code provides that the employer, in his or her decisions concerning recruitment, organization and assignment of work, vocational training, promotion, remuneration and other working conditions, social benefits, discipline and termination of employment, shall not take into account the worker’s sex, age, race, colour, social origin, nationality or national extraction, trade union membership or non-membership or activities, or opinions, including religious or political opinions. In addition, section 117 prohibits discrimination based on disability and Act No. 174 of 2007 on protective measures for persons living with HIV/AIDS and other vulnerable groups prohibits discrimination in employment and occupation based on real or presumed HIV/AIDS status. The Committee requests the Government to provide information on the measures taken by the competent authorities to enforce these provisions, including relevant activities of the labour inspectorate and court decisions. In this regard, please indicate the number and nature of any cases addressed, including any sanctions imposed and remedies provided.

Sexual harassment. The Committee notes that the Government’s report contains no information on sexual harassment at work. Recalling that sexual harassment constitutes discrimination based on sex under the Convention, the Committee requests the Government to indicate the measures taken or envisaged to prevent and prohibit sexual harassment at work.

Article 2. National policy to promote equality of opportunity and treatment in employment and occupation. The Committee notes the information provided by the Government regarding its efforts to promote women’s access to employment and occupation and the existing obstacles in this regard, including traditional attitudes regarding women’s role in the family and society and discriminatory practices in the private sector excluding women during or following pregnancy. The Committee also notes that under section 31 of the Family Code the husband is the head of the family and that the wife must respect the prerogatives of the husband to whom she owes obedience. The Committee further notes Act No. 173/AN/02/4ieme (L) defining the national policy regarding the integration of women in development and the annexed National Strategy and Action plan. According to the National Action Plan, women’s access to employment in the private and public sectors remains very limited, whereas women are concentrated in the informal economy. The Committee requests the Government to provide further information on the following:

• (a) the measures taken to address traditional social attitudes impairing the right of women to equality in employment and occupation and discriminatory employment practices, and on whether pursuant to section 31 of the Family Code, a husband may prohibit his wife from taking up a professional activity;
• (b) the measures taken to promote equal participation of men and women in education, training and employment in the private and public sectors;
• (c) the measures taken to address the situation of women working in the informal economy, including through ensuring equal access to credit.

Article 3(d). Civil service. The Committee notes that section 6 of the Civil Service Act, 1983, provides that no distinction is made between the sexes in the application of the Act, except where it is provided otherwise under separate laws and where this is required by the nature of the post. The Committee requests the Government to provide full information on any separate provision made regarding the employment of women in the civil service, including any special conditions or requirements applying to women by reason of the nature of the post.

The Committee further notes Decree No. 83-098/PR/FP, 1983, regarding remuneration and social benefits granted to civil servants which provides for four types of family allowances. The Committee is concerned that the Decree’s provisions do not appear to provide for equality of opportunity and treatment of men and women with respect to family allowances, which is contrary to the Convention. The Committee requests the Government to indicate the following:

• (a) whether the allowance provided for in section 5 (“salaire unique”) is granted to married women civil servants on an equal footing with their male counterparts; and
• (b) the manner in which the child benefit is granted under sections 7 to 12 of the Decree in case both spouses are civil servants, and whether women civil servants have the right to receive child benefits in case the husband is employed elsewhere than in the civil service.

Article 5. Special measures of protection for women. Section 111 of the Labour Code provides that a decree of the responsible ministry, following an opinion of the National Labour Council, will establish the types of work and categories of enterprises prohibited for women, pregnant women and young persons. The Committee requests the Government to ensure that special measures excluding women from employment and occupation do not go beyond what is strictly required to protect maternity, since otherwise they would be contrary to the principle of equality of opportunity and treatment. The Committee also requests the Government to provide a copy of the Decree envisaged under section 111.

Section 112 provides that the labour inspectorate can order examinations into whether the work performed by women and young persons exceeds their physical strength. The Committee requests the Committee to provide information on the implementation, in practice, of section 112, and the number and outcomes of any such examination carried out in respect of women.