Observation (CEACR) - adoptée 1990, publiée 77ème session CIT (1990)

In its previous direct request, the Committee had noted that section 122 of the Civil Code requires a married woman to obtain the authorisation of her husband for any legal instrument under which she must furnish a service in person. It pointed out that this constitutes a violation of the Convention through imposing restrictions on the employment of women which do not exist for men. The Government has stated in its report that there has been no change in the legislation in this respect. The Committee recalls that Article 3 (c) of the Convention requires ratifying States to "repeal any statutory provisions ... which are inconsistent with the policy" embodied in the Convention. It therefore again requests the Government to indicate in its next report the measures which it has taken or is contemplating to bring the national legislation into conformity with the Convention on this point.

The Committee had also noted that certificates of good conduct, living and morals, are required by the labour administration before any person begins to work for wages. It noted that these certificates are issued by the communal authority, and requested the Government to provide information on the provisions governing their issuance. It noted further that when the communal authority considers that the person concerned may be suspected of carrying on an activity prejudicial to the security of the State, it refuses to issue the certificate. In its report the Government has indicated that the issuance of these certificates is within the discretion of the Bourgmestre of the commune of origin; it thus appears that there are no provisions or procedures governing the issuance of these certificates. The Committee therefore requests the Government to indicate in its next report the measures which it intends to take to ensure that no discrimination contrary to the Convention is practised on the community level in the issuance of these certificates.The Committee is also raising certain points in a request addressed directly to the Government.