Demande directe (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

1. Article 1(1)(a) of the Convention. Grounds of discrimination. Further to its observation, the Committee notes the adoption of the Equal Treatment of Men and Women in Employment and Vocational Training (Amendment) Law (No. 191(I)/2004) amending Act No. 205(I) of 2002, and the Combating of Racism and other Discrimination (Commissioner) Law (No. 42(I)/2004). It notes that these Acts vest the Commissioner of Administration with special competences and duties for combating discrimination and receiving and investigating complaints in relation to discrimination on the grounds of sex, racial or ethnic origin, religion, political and other convictions, language, colour, age and sexual orientation. The Committee notes that while Act No. 42(I)/2004 covers the grounds of colour and political opinion, these grounds are not included in the Equal Treatment in Employment and Occupation Law (No. 58(I)/2004), covering discrimination based on race, ethnic origin, religion or belief, age and sexual orientation. Furthermore, the ground of social origin is not covered in any of the above legislation. The Committee recalls that when provisions are adopted to give effect to the principle contained in the Convention, they should include all the grounds of discrimination laid down in Article 1(1)(a) of the Convention, that is race, colour, sex, religion, political opinion, national extraction and social origin. Noting the discrepancy between the abovementioned Acts regarding the prohibited grounds of discrimination, the Committee requests the Government to indicate in its next report whether it is considering harmonizing its legislation so as to include all the prohibited grounds of discrimination as set out in Article 1(1)(a) of the Convention.

2. Discrimination on grounds of sex. Sexual harassment. Further to its previous comments, the Committee notes that article 2 of the Equal Treatment of Men and Women in Employment and Vocational Training Law (No. 205(I)/2002) appears to prohibit only sexual harassment with respect to access to jobs or vocational training. Referring to its 2002 general observation on sexual harassment, the Committee recalls that the prohibition of sexual harassment also extends to other aspects of the employment relationship such as terms and conditions of employment and promotion. The Committee further notes the Government’s statement that the implementation of the national legislation is showing positive effects with regard to the elimination of sexual harassment, but that the persistence of stereotypical attitudes about women continues to constitute an obstacle. The Committee therefore asks the Government:

(a)   to confirm whether article 2 of the Equal Treatment Law (No. 205(I)/2004) is meant to cover fully all cases of both quid pro quo and hostile working environment sexual harassment, including with respect to terms and conditions of employment and promotion;

(b)   to provide information on measures taken or envisaged, in collaboration with the social partners, to address and combat the persistence of stereotypical attitudes about the role of men and women, and the results obtained.

3. Article 1(2). Inherent job requirement. Recalling its previous comments on article 4 of the Equal Treatment Law (No. 205(I)/2004) excluding certain branches of activity from its scope of application because sex is a factor of decisive importance for their execution, the Committee notes the Government’s assurance that the professional activities falling under this category were determined in full cooperation with the social partners, are interpreted strictly and will be reviewed in time with due consideration given to the Committee’s comments on this matter. The Government is asked to keep the Committee informed about the application in practice of article 4 as well as on any developments with regard to reviewing the exceptions as set out in paragraph 3 of the Schedule to the Law.

4. Articles 2 and 3. Practical application with respect to race and national extraction. Further to its observation, the Committee notes that the Government has taken measures to increase awareness of non-discrimination practices among government employees and the personnel of both employers’ and workers’ organizations. It also notes the Government’s statement that statistical data on the position of different racial or ethnic minority members in the labour market are not yet available, but that there is no discrimination against these persons in the fields of employment and occupation. Nevertheless, the Committee hopes that the Government will make every effort to collect and analyse relevant information, including statistical data, in order to enable the Committee to evaluate the situation of racial and ethnic minorities in the labour market and to assess the progress made in the application of the Convention, and to provide such information in its next report.

5. Equal access of women to employment and occupation. Recalling its previous comment on female participation in the labour market and on the occupational segregation of women, particularly those with tertiary education, the Committee takes note of the various measures undertaken by the Government to promote and enhance women’s participation in the labour market. It notes in particular the promotion of contemporary and flexible forms of employment to facilitate the reconciliation of working and family responsibilities, the modernization of the public employment services to improve the labour market access of the inactive female labour force and the preparation of ten new programmes of social care to facilitate the entry and retention of women in the labour market. The Committee also takes note of the action plan of the Gender Equality Committee for the years 2004-05. The Committee asks the Government to provide in its next report information on the implementation of the action plan and information illustrating how the abovementioned measures have helped to:

(a)   increase female labour participation;

(b)   address the horizontal and vertical job segregation; and

(c)   diversify the position of women in the labour market, including by facilitating and encouraging access of women to non-traditional sectors and to decision-making positions.

6. National institutions to promote equality. Noting that the National Machinery for Women’s Rights, the Gender Equality Committee and the Commissioner for Administration have the special mandate to promote equality between men and women, the Committee asks the Government to provide information on the activities of these bodies, and particularly on their impact and effectiveness in relation to the promotion of equality in employment and occupation. Noting further the Government’s statement that so far no complaints have been lodged under the Equal Treatment Act (Law No. 205(I)/2002), the Committee asks the Government to continue to provide information on the number, nature and outcome of the cases of alleged discrimination submitted to the Commissioner of Administration and the Gender Equality Committee, as well as any relevant administrative or judicial decisions on equal treatment between men and women.

7. Article 4. Further to its observation, the Committee notes that section 5 of Law No. 58(I)/2004 provides for exceptions to the scope of application of the law. It notes that, while excluding the difference of treatment on the grounds of race and ethnic origin, section 5(3)(b) allows for differences in treatment with respect to measures which are necessary for the security, maintenance of public order, prevention of criminal offences, protection of health and the rights and freedoms of others. The Committee recalls that the Convention allows for certain limitations on the protection from discrimination with respect to the measures intended to safeguard the security of the State. Referring to paragraphs 134-136 of its 1988 General Survey on equality of opportunity and treatment in employment, the Committee hopes that section 5(3)(b) will be applied in accordance with Article 4 of the Convention. It asks the Government to provide information in its next reports on its practical application in order for the Committee to assure itself that the measures adopted in practice do not involve discrimination contrary to the Convention, including discrimination based on religion.