Demande directe (CEACR) - adoptée 1999, publiée 88ème session CIT (2000)

1. The Committee notes the amendments made to the 1991 Constitution by Act No. 18/1996, and particularly the addition of Part IX respecting the directive principles of state policy, which includes article 112(j) establishing the right of every person to fair labour practices, and Part XII establishing a Human Rights Commission. The Government had indicated that the Human Rights Commission's functions include the provision of information on the national policy for the promotion of equality of opportunity and treatment in general; the Committee requests the Government to provide detailed information on the public education and information programmes on non-discrimination in employment which have been implemented by the above body since its establishment in 1996. According to the Government's statements, under Act No. 39/1996, one of the functions of the Human Rights Commission is to investigate human rights violations and propose effective measures to prevent them. The Committee would therefore be grateful if the Government would provide a copy of any decision adopted by the abovementioned body concerning any allegations of discrimination in respect of employment on the basis of one or more of the seven grounds of discrimination prohibited by the Convention.

2. The Committee however regrets that the Government has not also used this opportunity to amend article 23, paragraph 4(c) and (d), of the Constitution, under which the protection against discrimination on grounds of race, tribe, sex, place of origin, marital status, political opinions, colour or creed, set out in article 23 of the Constitution does not apply to any law respecting adoption, marriage, divorce, burial, inheritance, etc., or to the customary law of a particular race or tribe. The Committee of Experts notes that the United Nations Human Rights Committee considered, in its concluding observations in 1996 (CCPR/C/79/Add.62, paragraphs 3 and 9), that the remnants of certain traditions and customs constitute an obstacle to the effective implementation of the International Covenant on Civil and Political Rights, particularly with regard to equality between men and women, and that it expressed its concern over the situation of women who, despite some advances, continue to be de jure and de facto the object of discrimination as regards, among other matters, education and access to work. The Committee would therefore be grateful if the Government would indicate the manner in which it reconciles in practice respect for traditions and customs with the application of its national policy for the promotion of equality of opportunity and treatment between the sexes in respect of employment and occupation.

3. The Committee takes due note of the Government's statement to the effect that vocational training is free of any forms of discrimination prohibited by the Convention. However, the Committee wishes to recall that experience shows that discriminatory practices in respect of training rarely originate in legislative provisions or regulations that are expressly of a discriminatory nature: more commonly it arises out of practices based on stereotypes affecting mainly women or certain disadvantaged or minority groups of society. The Committee also wishes to point out that, according to the information provided in the report, the implementation of processes of economic liberalization and privatization, in the framework of the structural adjustment programme, has considerably reduced employment opportunities. The Government indicates that this phenomenon has led to increased competition between men and women on the labour market and that only the best trained have access to employment. The Committee therefore requests the Government to indicate the measures which have been taken or are envisaged to: (a) establish an information system designed to open a broad range of occupations which can be chosen by girls; and (b) ensure that guidance tests for the choice of a trade or occupation do not perpetuate stereotypes by placing emphasis on social or cultural factors which are not germane to the qualifications required for a particular job. The Committee would be grateful if the Government would provide statistics on the type of vocational training undertaken by young women and men.

4. The Committee notes the Government's statement to the effect that, in the public service, employment is based on merit, qualification and experience and that promotions are decided upon by a commission, on the recommendation of heads of departments. The Committee recalls the importance of the State's responsibility in pursuing a policy of opportunity and treatment in respect of employment under its control and it requests the Government to indicate the measures which have been taken or are envisaged in respect of recruitment, further training and promotion to ensure the representation of women at all levels of the public service, including the higher levels, and to provide statistics on the number and grades of the women currently employed in the public service, particularly in positions of responsibility.

5. Finally, the Committee notes the fact that the Government is currently reviewing all of its laws to remove any discriminatory provisions relating to equality between the sexes. The Committee notes in this respect that it is envisaging removing the restriction on employing women in underground mines and on night work; it requests the Government to examine this possibility in consultation with the social partners, and particularly with women workers. It takes this opportunity to draw the Government's attention to the provisions on these matters contained in: (a) the Protocol of 1990 to the Night Work (Women) Convention (Revised), 1948 (No. 89); (b) the Night Work Convention, 1990 (No. 171), and the Safety and Health in Mines Convention, 1995 (No. 176), and the corresponding Recommendations; and (c) the ILO resolution on equal opportunities and equal treatment for men and women in employment, 1985.