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

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which reads as follows:

The Committee notes the information supplied by the Government in response to its previous direct request.

1. Article 1 of the Convention. The Committee notes from the report that the term "dependent child" will be defined by a tripartite Advisory Board, whose functions will include devising and applying measures to give effect to the provisions of the Convention. The Committee requests the Government to provide information concerning the establishment of this body and to report in full on any initiatives taken by it to further the implementation of the Convention, including clarification of its scope of application as concerns a "dependent child" and other members of the "immediate family who clearly need care or support".

2. Article 2. Referring to its previous comments, the Committee requests the Government to indicate more precisely the categories of workers excluded from the Labour Proclamation No. 42/1993 under its section 3(2) (that is, workers under contracts for the purpose of upbringing, treatment, care or rehabilitation; for educating or training, other than as apprentices; for those holding managerial posts in undertakings; for personal service for non-profit; employees of the state administration; for self-employment under a contract of service; and, if so regulated, for employment in religious or charitable organizations). Noting that consideration is being given to the issuance of directives concerning homeworkers (which appears to be one of the categories covered by section 3(2)), the Committee requests the Government to provide copies of any directives so issued as well as copies of any other legislation governing the employment of categories of workers not covered by the provisions of the Labour Proclamation. Noting also that under article 42 of the new Constitution (adopted on 8 December 1994), certain categories of workers -- "factory and service workers, peasant farmers, farm labourers, other rural workers and government employees under a certain level of responsibility" -- have the right to bargain collectively with their employers in accordance with procedures established by law, the Committee requests the Government to provide copies of any special laws or collective agreements governing the employment of such workers.

3. Article 3. The Committee notes that the National Employment Policy, which is expected to incorporate provisions that give protection to women workers with family responsibilities, is still under consideration. The Committee takes this opportunity to recall to the Government the necessity to ensure that any policies or programmes adopted to give effect to the Convention apply equally to men and women with family responsibilities, and not only to women.

4. Article 4. Referring to its previous requests, and noting article 42 of the new Constitution, the Committee hopes that the Government will provide copies of any collective agreements containing provisions for equal opportunity and treatment in employment for all workers with family responsibilities, as well as information on any current or planned programmes to enable these workers to exercise their right to free choice of employment and to take account of their needs in terms and conditions of employment and in social security.

5. Article 5. The Committee notes that, due to financial constraints, the Children, Youth and Family Welfare Organization was unable to carry out a planned national survey to collect information on the situation of dependent children with insufficient family support. The Committee requests the Government to indicate the prospects for undertaking such a survey in the near future. It also asks the Government whether other measures are being taken in the sphere of community planning to give effect to the Convention.

6. Article 6. The Committee notes the Government's commitment to undertaking educational campaigns to promote a broader public understanding of the principles contained in the Convention. It also appreciates that scarce resources constrain the Government from taking action. While hoping that the Office will be able to provide the Government with some assistance in this regard, the Committee requests the Government to consider whether action to promote the aims of the Convention might also be taken within the context of measures to implement the 1986 General Education and Training Policy which places an emphasis on promoting respect for human rights and welfare, equality, justice and peace, in setting out the general and specific objectives to be attained.

7. Articles 7, 8 and 10 and 11. The Committee hopes that the Government will provide information in its next report on the measures taken to implement these provisions of the Convention.