Demande directe (CEACR) - adoptée 1995, publiée 83ème session CIT (1996)

1. With regard to the participation of women and girls in education and vocational training programmes, the Committee notes the statistical tables provided in the Government's 1993-94 report concerning 1992 and 1993 sex-based breakdowns of civil service staff, and male/female enrolments and graduates of primary, secondary and tertiary educational institutions. Before analysing this data, the Committee also notes from the Government's brief 1995 report that new statistical tables are being published by the Central Statistical Office and that the Government will transmit them once published. The Committee recalls paragraph 247 of its 1988 General Survey on equality in employment and occupation where it stressed the importance of having national data which takes correct account of the role of women's labour so as to be able to assess the results of the national policy against discrimination based on sex. Such data are also useful in evaluating the success of the national policy concerning equal access to training. The Committee accordingly trusts that it will receive the fresh statistics with the Government's next report, at which time it will be able to assess the trends over the past two reporting periods in full possession of relevant data.

2. Regarding the Committee's request for information on: (a) any specific measures taken or envisaged to promote the access of women to public and private employment; (b) procedures available in cases of dismissals linked to state security; and (c) the role and activities concerning the application of the principle of equality in employment and occupation of the various committees provided for by Act No. 1 of 1985, the Committee notes that the Government's two reports refer to replies given in a previous report. The Committee is accordingly obliged to repeat its requests, which were worded as follows:

(a) As for the participation of women in public and private employment, the Committee notes the Government's statement that there is no need to take measures for the promotion of women's employment in public and private sectors since the legislation (sections 1 and 8 of the regulations concerning state employees and section 2 of the Labour Code) gives all individuals the opportunity to work without any discrimination. However, the Committee notes that a much weaker percentage of women than men occupy posts in these two sectors, except in the teaching, health and social services. According to the statistical tables supplied by the Government for 1990 on the distribution of state employees by sex and by service, and on the distribution by sex and economic sector of employees in both public and private sectors, the number of women employed in the public sector varies between 4.2 per cent and 52.1 per cent, the average being 23.7 per cent, and in the private sector between 1.7 per cent and 38 per cent, the average employment level being 18 per cent.

The Committee observes that the measures to be taken by the Government under the terms of the Convention are not confined to adopting laws and regulations prohibiting discrimination or providing for equality, but that they also involve the adoption and application of a national policy, including positive measures, to promote equality of opportunity and treatment in respect of access to training and employment. Referring to paragraphs 15, 57 and 170 of its 1988 General Survey on equality in employment and occupation where it particularly stresses the positive nature of measures to be taken in pursuing the national policy required under Articles 2 and 3 of the Convention and of the need to supply details on the action taken, the Committee asks the Government to indicate in its next report the specific measures taken or envisaged to promote the access of women to public and private employment, in particular to occupations considered to be traditionally reserved for men. Please supply information on the results obtained, including statistics on the percentage of women employed at the different levels and the number of women holding posts of responsibility.

(b) The Committee recalls its previous comments concerning Ministerial Order No. 856/b of 1985 relating to convictions for "shameful acts" and section 65(i) of Act No. 1 of 1985 which prohibits workers employed by the State from belonging to an association or group pursuing illegal aims threatening the interests of the State. The Government indicates that no court decisions has been rendered concerning crimes against state security as set out in these instruments and that there are no associations or groups to which section 65(i) of Act No. 1 might apply. The Committee takes note of these explanations. It recalls in this respect paragraphs 134 to 138 of its 1988 General Survey and, in particular, that "the application of measures intended to protect the security of the State must be examined in the light of the bearing which the activities concerned may have on the actual performance of the job, tasks or occupation of the person concerned. Otherwise there is a danger, and even a likelihood, that such measures entail distinctions and exclusions based on political opinion ... which would be contrary to the Convention." It hopes that the next report will indicate the measures taken or envisaged so as to ensure that people can only be refused employment or be dismissed for reasons linked to state security within the limits permitted by Articles 1, paragraph 2, and 4 of the Convention and subject to the right of right of appeal set out in Article 4.

(c) As regards the role and activities of the advisory committees and central committees and subcommittees provided for by section 23 of Act No. 1 of 1985, the Government states that their responsibilities and means of establishment have been set out by Presidential Decree No. 29 of 29 January 1986. The Committee asks the Government to supply in its next report information on the activities of these bodies and on those of the advisory committees envisaged by section 15 of the Labour Code in so far as they relate to this Convention.