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

1. The Committee regrets to note that the Government’s report does not contain a response to its previous comments and that it only provides general information, which does not enable the Committee to assess the extent to which the principle of non-discrimination in employment and occupation is applied in practice. The Committee hopes that the Government’s next report will provide detailed information on the following points.

2. Having already noted in its previous request that a committee was created in 2001 to monitor and evaluate the application of ILO Conventions, the Committee requests the Government to provide detailed information with its next report on any action taken or envisaged by this Committee with respect of the application of the present Convention.

3. Article 1 of the Convention. Prohibited grounds of discrimination. As the Government has provided no new information in this regard, the Committee is bound to reiterate its concern that the national legislation does not prohibit discrimination on the grounds of race, colour and national extraction, as required by Article 1(1)(a) of the Convention. It recalls that the Labour Code of 1992 only prohibits discrimination on the grounds of sex and nationality, the Public Service Statute (section 5 of Decree No. 74,138 of 18 February 1974) prohibits discrimination in access to public employment only on the ground of sex, and that section 7 of Act No. 98/004 of 14 April 1998 on education policy prohibits discrimination in access to education on the grounds of sex, religion, political opinion and social origin. The Committee therefore once again requests the Government to provide detailed information in its next report on the measures taken or envisaged to ensure the full conformity of the national legislation with the Convention by prohibiting discrimination on the seven grounds enumerated in the Convention, namely race, colour, sex, religion, political opinion, national extraction or social origin.

4. Legal status of women. The Committee recalls that in its direct request of 2003 it noted the concern expressed by both the Committee on Economic, Social and Cultural Rights (E/C.12/1/Add.40) and the Committee on Human Rights (CCPR/C/79/Add.116) in 1999 with respect to the unequal legal status of women in such field as the right to own property, the laws regarding credit and bankruptcy and the right of husbands to seek a court order to prevent wives from engaging in certain occupations. As the Government has not provided any information on this subject, the Committee once again urges the Government to identify and repeal the legal provisions in the Civil Code and the Commercial Code which are contrary to the Convention. Please provide information with its next report on any progress that has been made in this area.

5. Article 2. National policy on equality of opportunity and treatment in employment and occupation. The Committee notes the Government’s statement that it is still finalizing a national policy for the promotion of equality of opportunity in employment and occupation. It also notes that the National Labour Advisory Committee, established under section 117 of the Labour Code, has now resumed work. The Committee requests the Government to provide information on any progress regarding development and adoption of the national policy, which it trusts will give effect to the principle of non-discrimination.

6. Recalling that in its previous comments it previously noted from the statistical information provided by the Government that women account for approximately one-quarter of all public servants and 30 pre cent of all the jobseekers placed by the National Employment Fund between its creation in 1990 until June 2001, it requests the Government to provide information with its next report on measures taken to improve the participation rate of women in employment and vocational training in the public and private sector. It also requests the Government to provide statistical information with its next report showing the distribution of employment in the various posts and at the different levels of responsibility, disaggregated by sex and also by national extraction and religion.

7. Recalling that in its previous comments it noted that section 7 of Act No. 98/004 of 14 April 1998 on education policy provides for equal access to education without any distinction as to sex, the Committee reiterates its concern that the Act does not guarantee free primary education, which considerably reduces access to such education, particularly in the case of girls. The Committee also notes the concern expressed by the Committee on the Elimination of Discrimination Against Women (A/55/34) in June 2000 that despite government efforts in this area, the female literacy rate is low, the school drop-out rate among girls is high and the proportion of girls receiving basic education is small. The Committee therefore reiterates its request to the Government to provide information with its next report on the measures taken or envisaged to promote the access of girls to primary and secondary education and to devise programmes to reduce the female illiteracy rate.

8. The Committee understands that on 22 July 2004, Act No. 2004-16 was adopted, creating a new National Commission on Human Rights and Freedoms. It understands that the National Commission consists of 30 members, inter alia, judges, professors, NGOs and representatives of women’s organizations. Noting that the mandate of the National Commission includes the formulation of recommendations and issuing opinions and reports on human rights and fundamental freedoms, the Committee requests the Government to provide detailed information with its next report on activities undertaken or envisaged by the Commission to promote the principle of equality of opportunity and treatment in employment and occupation, as set out in the Convention.