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

Further to its observation, the Committee notes the Government’s report and the attached legislation and documentation and requests the Government to provide information on the following points.

1. Discrimination on the basis of sex. Further to its general observation, the Committee thanks the Government for the detailed information provided on the issue of sexual harassment. The Committee invites the Government to provide information with regard to the practical application of the legislative and institutional framework established to eliminate this form of sex discrimination.

2. The Committee notes the statistical information provided by the Government, which indicates that sex-based occupational segregation continues to prevail in the Belgian labour market. Women are under-represented in the occupational groups of senior officials and managers, and craft and related workers, and plant and machine operators and assemblers, but over-represented among clerks or service and sales workers. As regards the level of responsibility of female employees, the Committee notes that such information will be available only as of 2005. The Government is asked to continue to provide comparable statistical information on the position of women in the labour market, according to occupational sectors and responsibility, in its future reports. Noting the information provided by the Government on the Quo Vadis project to promote the employment of women in areas where they are underrepresented and the initiatives undertaken to promote equality at the enterprise level, such as the Equality Awards, the Committee requests the Government to continue to provide information on the measures taken or envisaged to promote the equal participation of women in employment and occupation, including in jobs of responsibility, as well as on the impact of these measures.

3. The Committee also notes the adoption of the Act of 5 March 2002 concerning non-discrimination of part-time workers on the basis of their part-time status and the Act of 5 June 2002 concerning non-discrimination of workers under fixed-term contracts. The Committee would appreciate the Government providing information on contribution of these Acts to promoting equality of opportunity and treatment of women in the labour market.

4. With regard to the federal public administration, the Committee notes the information on the representation of women supplied by the Government in its report under Convention No. 100, indicating that the participation of women has been relatively stable since 1998 (40 per cent for permanent employees and 68 per cent for contract employees). The Committee asks the Government to continue to provide similar information in its future reports, including information on the number of women occupying management positions. Please also continue to provide information on the activities of the equality unit created within the federal public service on personnel and organization.

5. Discrimination on the basis of race, colour or national extraction. Recalling its previous comments on the difficulties experienced by members of ethnic minorities with regard to equal access to employment, the Committee notes the relevant provisions of the Act of 25 February 2003 on combating discrimination and modifying the Act of 15 February 1993 establishing a Centre for Equal Opportunities and the Fight Against Racism. The Government is asked to provide information on the application of the Act with regard to racial discrimination, including the number, nature and outcomes of complaints lodged and the undertaking of any awareness-raising activities. Please continue to provide information on any other measures taken or envisaged to promote the application of the Convention with regard to the situation of ethnic minorities in employment and occupation, including the activities of the multicultural enterprise unit in the Ministry of Employment and Labour.