Demande directe (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

The Committee notes the brief report submitted by the Government.

1. The Committee takes note with interest of the enactment of the Decree No. 11/03 of 11 March 2003 that penalizes discrimination of workers in the selection and evaluation process and hopes that this new regulation will result in an improved application of the Convention in practice. It asks the Government to provide information in its next report on the enforcement of this law, including copies of any legal decisions in cases of violations based on this legislation.

2. The Committee, noting that the Government has not provided any information related to its general observation of 2002 on sexual harassment, hopes that the Government will provide information on this matter with its next report.

3. The Committee notes with regret that the very brief report does not reply once more to its comments raised in its previous direct requests, which read as follows:

The Committee requests the Government to clarify how men and women engaged in domestic work or casual work, who are also excluded from the application of the Act (section 2(d) and (e)), are protected from discrimination as provided for under the Convention. The Committee also reiterates its request to the Government to provide detailed information on the measures taken or contemplated to implement the non-discrimination and equality provisions expressed in section 268 of the General Labour Act, including promotional activities, guidance to the labour inspectorate and other enforcement officials, and dissemination of information on the provisions of the Act to workers and employers.

1. Non-discrimination on the basis of sex. Referring to its earlier comments on the situation of women employed in the public service, the Committee notes the Government’s statement that, in its next report, it will provide the requested statistics on the number of women in the public service and their distribution at the various levels of responsibility. The Committee requests the Government to supply information on the measures taken to promote the employment of women at higher levels in the public service.

2. The Committee notes with interest the maternity protection provided in sections 272 through 280 of the newly adopted General Labour Act. It also notes the Government’s undertaking, in section 280, to implement progressively a national network of childcare facilities, including nurseries, day care centres and pre-school centres of adequate size and in appropriate locations. Pursuant to section 280(2), enterprises of a certain size are required to provide adequate facilities and the Government is to provide appropriate human and technical resources. In light of the importance of childcare services to women’s access to employment and to their terms and conditions of work, the Committee would be grateful if the Government would continue to provide information in future reports on the measures taken to implement these provisions benefiting workers with family responsibilities.

3. The Committee notes that section 269(4) of the General Labour Act states that a list of the jobs that women are precluded from performing is established by executive decree issued jointly by the ministries of labour and health. The Committee requests the Government to supply a copy of said list with its next report. In this regard, the Committee recalls that all protective legislation applying to women should be reviewed periodically in light of equality of opportunity and treatment and of the current scientific knowledge and technology relevant to those occupations, in order to determine their continued relevance, and that it should be maintained, repealed, or extended to men as appropriate. The Committee expresses the hope that the list referred to in section 269(4) of the Act will be formulated in light of the considerations mentioned above and it requests the Government to keep it informed of any such review, and its findings.

4. Non-discrimination on the basis of political opinion. The Committee requests the Government to indicate whether Decrees Nos. 2/95 and 3/95 of 24 March 1995, cited in its 1995 report, remain in force and, if so, to please supply copies of these decrees to the Office.

5. Labour inspection. The Committee once again requests the Government to provide detailed information on the activities of the labour inspectorate in ensuring the effective application of the provisions of the Convention, including information on the number of inspections conducted, the number and type of violations registered, the action taken and the outcomes.

The Committee once more asks the Government to take the necessary measures to provide replies to these points with its next report.