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

1. Article 1(1)(a) of the Convention. Definition of discrimination. The Committee once again 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 were never 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. The Committee hopes that the Government will consider amending article 32 of the Constitution or adopting legislation so as to bring it fully into 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.

2. Part V of the report form. Practical application. The Committee notes from the Government’s brief report that equality of treatment is recognized in Chad, that women are not discriminated against and are entering employment in both the private and public sectors, and as members of Government and Parliament. The report however contains no information on concrete measures taken to facilitate women’s access to public and private employment nor data on the employment situation of women. Both these issues have been raised in earlier comments by the Committee following 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. The Committee stresses once again that, in addition to legislative and policy measures, the Convention requires the Government to pursue a national policy for the promotion of equal opportunity and treatment in employment and occupation through positive measures with a view to eliminating discrimination on the grounds contained in the Convention and promoting equality. In connection with this it continues to encourage the Government to provide adequate resources to those structures responsible for implementing such policy. The Committee reiterates its request for information on the measures taken to promote equal access of women to training and employment in the private and public sectors and the results of such action, as well as data on labour force participation of men and women, as is called for under the population policy declaration, and the policy to integrate women into development.

The Committee is raising certain other points in a request addressed directly to the Government.