Observación (CEACR) - Adopción: 2001, Publicación: 90ª reunión CIT (2002)

The Committee notes the Government’s report and the documentation attached.

1. The Committee recalls the communication from the Trade Union Confederation of Chad (CST) of 27 June 1997 alleging non-application by Chad of the principles of equality in employment and occupation for women workers. According to CST, the Government had taken no concrete measures to facilitate access of women to public and private employment, despite the several provisions in the 1996 Constitution aiming at the elimination of all forms of discrimination against women. The CST further referred to the technical shortcomings of the ministerial departments responsible for the promotion of women and the need for data collection and comparative research on the employment situation of women. The Committee notes the Government’s reply indicating that the application of the Convention is guaranteed by the Constitution. The Government also states that there is a general lack of means to equip ministerial departments adequately, hence the Ministry responsible for the promotion of women is not the only body affected. The Government believes that the collection of data is only a partial solution as regards the application of the Convention and that poverty remains a major obstacle.

2. The Committee recalls that the existence of constitutional protection in respect of the principles of the Convention is, in itself, not sufficient to constitute a national policy for the promotion of equal opportunity and treatment in employment and occupation, as required under Articles 2 and 3 of the Convention. Noting that article 13 of the Constitution provides for equal rights and duties of men and women and that article 14 establishes equality before the law without distinction and the explicit obligation of the State to watch over the elimination of all forms of discrimination against women and to protect their rights in all spheres of private and public life, the Committee stresses again that the Convention, in addition to legislative measures, requires the Government to pursue the national policy through positive measures with a view to eliminating discrimination on the grounds contained in the Convention and to promoting equality. Noting that the Government has in fact adopted policies and objectives regarding the situation of women, including through Act No. 19/PR/95 of 4 September 1995 declaring a policy on the integration of women into development, the Committee asks the Government to provide information on the implementation of the various measures to promote equal access of women to training and employment in the private and public sector. The Committee shares the Government’s view that the collection of statistical data is not an end in itself, but rather part of an effective policy to promote women’s equality in employment, and allows for the taking of targeted action. Noting that the Government has provided information on the participation of women and girls in education, the Committee encourages the Government to make every effort to provide also statistical information on the distribution of men and women in employment in the private and public sector. The Committee also encourages the Government to continue to make all possible efforts to allocate adequate resources to the institutions and structures responsible for promoting women’s equal education and employment, having in mind that the empowerment of women is fundamental to the development of society as a whole.

3. The Committee 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 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 never were 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. Recalling once again paragraph 58 of the Committee’s General Survey of 1988 on equality in employment and occupation, where it stated that where provisions are adopted in order to give effect to the principles of the Convention they should include all the grounds of discrimination laid down in the Convention, the Committee hopes that the Government will consider amending article 32 of the Constitution or adopting legislation so as to bring it fully in 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 adopted.

In addition, the Committee is addressing a request directly to the Government on other questions.