Demande directe (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

The Committee notes the Government’s first report and requests it to provide additional information on the following points.

1. Article 1 of the Convention. Sexual harassment. The Committee notes the Government’s indications that no precise definition exists of what constitutes sexual harassment. However, it was the employer’s responsibility to protect women’s dignity in the workplace. Working women had the right to lodge complaints within their enterprises and if the matter was not solved it can be brought before the police, the prosecutor and the competent courts under criminal law. The Committee notes that no complaint concerning sexual harassment in the context of work has been brought. The Committee would appreciate it if the Government would continue to provide information on the measures taken to address the issue of sexual harassment in the workplace.

2. Discrimination on the basis of political opinion, sex and colour. The Committee notes that several articles of the Constitution are in accordance with the principle of the Convention, such as article 34 stating that every citizen shall be free to choose an occupation, trade or profession; article 35 providing that all citizens shall have equal access to public office; and article 25 establishing equality of citizens before the law, irrespective of race, nationality, religious belief or social status. The Committee also notes the recent ratification of the Convention on the Elimination of All Forms of Discrimination against Women on 6 October 2004. However, section 32 of Federal Act No. 8 of 1980 regarding women’s remuneration appears to be the only provision in national law on men’s and women’s equality in employment and occupation. In the absence of any legal provisions prohibiting discrimination on the basis of political opinion, colour and sex (with the exception of section 32 of Federal Act No. 8), the Government is requested to indicate how the Convention is being applied in respect to these grounds in law and practice.

3. Equality of opportunity and treatment of men and women. The Committee understands that women are required to obtain permission of their husbands in order to take up employment outside the home. Please supply a copy of the relevant legal provisions containing this requirement and indicate how it is enforced and applied in practice.

4. Discrimination on the basis of race, colour and sex. The Committee refers to its previous comments under Convention No. 100, regarding the exclusion of domestic occupations and similar workers from the scope of Federal Act No. 8 of 1980. It also recalls the Government’s indication that these workers were covered by the Act on Civil Procedures which is supervised by the Ministry of the Interior. Given that domestic workers are particularly vulnerable to discrimination and abuse, the Government is requested to provide information on the measures taken or envisaged to prevent discrimination against domestic workers on the basis of their race, colour and sex, including remedies available to victims of such discrimination. Please indicate any steps taken to strengthen the legal protection of these workers, and whether the Government is considering bringing them under the protection of the labour laws.

5. Articles 2 and 3. Obligation to declare and pursue a national policy to promote equality of opportunity and treatment in respect to employment and occupation. The Committee recalls that the existence and implementation of a national equality policy, in addition to legislative measures, commit the Government to taking concrete and practical steps, such as those listed in Article 3 of the Convention to ensure that the policy is accepted and observed. In order to allow the Committee to continue to assess the manner in which the Convention is applied, the Government is requested to provide the following information in its next report:

(a)  Information on any measures taken or envisaged to bring the Convention to the attention of institutions and authorities responsible for ensuring equality of opportunity and treatment in respect to access to vocational training and guidance, access to employment in the private and public sector, as well as equal terms and conditions of employment. Please indicate which institutions and authorities have been made aware of the Convention and its requirements and methods by which the authorities ensure that the Convention is applied in practice.

(b)  Information on any educational, training or awareness-raising activities planned promoting equality of opportunity and treatment of all groups protected under the Convention among employers, job seekers, labour inspectors and other competent public officials, and society at large.

(c)  Information on the practical measures taken to ensure that the Convention is applied to non-nationals living and working in the country.

(d)  Information on the remedies available to persons considering themselves victims of discrimination on the basis of race, colour, sex, religion, political opinion, national extraction or social origin. Please indicate the number and nature of cases brought before the competent bodies and the manner in which they have been resolved.

(e)  Information on any results achieved in pursuing the national policy on employment equality.

6. Article 4. Measures affecting persons justifiably suspected of, or engaged in, activities prejudicial to the security of the State. The Committee requests the Government to provide information on any legislative or administrative measure that may have been taken concerning persons justifiably suspected, or engaged in, activities prejudicial to the security of the State, which may restrict these person’s access to employment and occupation, and the procedural remedies available to challenge such action.

7. Article 5. Special measures. The Committee notes that section 27 of Federal Act No. 8 prohibits night work of women, while section 28 and Ministerial Orders No. 46/1 and No. 47/1 of 1980 allow for certain exceptions. It also notes that under section 29 of Federal Act No. 8 "no women shall be employed on any job that is dangerous, arduous or detrimental to health or morals". A catalogue of occupations following under section 29 has been established by Ministerial Order No. 6/1 of 1981. The Committee requests the Government to indicate whether it considers reviewing these provisions in consultation with representatives of workers’ and employers’ organizations in order to assess whether these restrictions for women’s employment are still necessary, in view of the principle of equality, improvements in conditions of work and changing attitudes.

8. Part V of the report form. Statistical information. The Committee notes from the Government’s report that 41.5 per cent of employees in the educational sector are women. In the banking sector 57 per cent of the employees are women. The Committee also notes from the Government’s report under Convention No. 100 that women’s participation is highest in the occupational groups of technicians (33.3 per cent), clerical professions (19.1 per cent), and specialists (10.3 per cent). In the group of directors, 6.5 per cent are women. In other occupational groups there is practically no or very low female participation (e.g. among salespersons, ordinary workers or in agriculture). The Government is requested to continue to provide statistical information on the participation rate of men and women in private and public employment disaggregated by occupation and level of employment. Please also provide information on the participation of men and women in the various disciplines of technical or vocational training and on the number of women engaging in business activities.