Solicitud directa (CEACR) - Adopción: 2004, Publicación: 93ª reunión CIT (2005)

The Committee notes the information in the Government’s report and the comments submitted by the International Confederation of Free Trade Unions (ICFTU) dated 9 September 2002 concerning the low participation of women in certain economic sectors and in high-level education.

1. Article 1(1)(a) of the Convention. Sexual harassment. Noting that the new Labour Code adopted in 2004 does not include a provision explicitly defining and prohibiting sexual harassment in the workplace, the Committee asks the Government to indicate whether it envisages inserting such a provision in the Labour Code on adopting other legislation on this practice. In the meantime, the Government’s attention is drawn to the general observation of 2002 on this Convention requesting information on how sexual harassment is prohibited and prevented in both the private and public sectors.

2. Prohibition of discrimination. Further to its observation, the Committee notes that section 395(a) and sections 7, 60 and 104 of the Labour Code, read together, provide for protection against discrimination regarding contracts of employment, recruitment and dismissal with respect to all the grounds of the Convention, except for non-discrimination in dismissal on the basis of social origin. It also notes that sections 394 and 395(a) read together indicate that general rules of employment and prohibitions, limitations and priorities of employment concerning certain categories of workers, set by the Council of Ministers, shall be opposed to all discrimination, distinction, exclusion or preference based on all the grounds contained in the Convention. The Committee asks the Government to supply information on the application in practice, including courts decisions, of the abovementioned provisions and to indicate how discrimination in dismissal on the basis of social origin is prohibited.

3. Article 2. Equality of opportunity and treatment of men and women. Part V of the report form. Practical application. The Committee notes the statement by ICFTU that women’s participation in certain economic sectors and in high-level education remains low. However, it also notes the further progress made in the participation rate of girls in primary (49.1 per cent) and secondary education (43.8 per cent) in 2002-03. While the participation rate of girls in higher education indeed remains low (21.3 per cent in 2001-02) and women are absent in certain vocational training courses (e.g. welding) and predominant in others (e.g. clothing and secretariat) the statistics indicate that women are gradually entering sectors previously reserved for men, such as mechanics and electronics. The Committee also notes with interest the information on the Training Centres for the Promotion of Women and the various activities by the Minister of Education to improve the education and vocational training of women and girls and to eliminate sexist stereotypes on the roles of men and women. It encourages the Government to continue its efforts in this area and to provide information on the further progress made in the participation of girls in higher-level education and their enrolment in education and training in non-traditional occupations. Please also provide information on the progress made in promoting employment mobility of women in non-traditional sectors and occupations.

4. Article 3(a). Cooperation with social partners. Noting the tripartite nature of the National Council of Labour, Employment, Social Security and Vocational Training, please provide information on the manner in which the Council is promoting the acceptance and observance of the national non-discrimination policy.

5. Cooperation with other bodies to implement the policy. The Committee notes with interest the information on the mandate and activities of the State Secretary on the Status of Women (SECF), in particular the development of a National Strategy on the Promotion of Women and the creation of its Follow-up Group on Gender (Groupe de Suivi Genre (GSG)) responsible for gender analysis and gender mainstreaming. Furthermore, the Committee notes that the National Human Rights Commission is implementing employment programmes promoting the insertion of female heads of households and young women without professional qualifications in employment-generating activities. The National Plan on the Promotion and Protection of Human Rights also contributes to the dissemination of women’s rights and addresses the most vulnerable amongst them. The Government is asked to provide copies of the National Strategy on Women and the National Plan on Human Rights and to indicate how the activities carried out under these instruments have affected the promotion of equality of treatment between men and women in employment and occupation. Please also provide information on the manner in which the Human Rights Commission is promoting the acceptance and observance of the national non-discrimination policy with regard to the other grounds covered in Article 1(1)(a) of the Convention.

6. Article 3(d). Application in the public service. The Committee notes that civil servants are excluded from the application of the new Labour Code of 2004 (section 1(3)). It asks the Government to provide information, including statistics, on how civil servants are protected against discrimination, in law and in practice, in employment and occupation on all the grounds covered by the Convention.