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

1. Articles 1 and 2 of the Convention. Prohibition of discrimination. The Committee recalls its previous comments to the effect that, beyond the Constitution, no legislative ban on discrimination exists in conformity with the Convention and concerning the importance of including such prohibition in the Labour Code. In this regard, the Committee notes the Government’s statement that it had addressed the issue properly in the proposed Labour Code. The Committee trusts that the new Labour Code will include a specific prohibition of discrimination in accordance with the Convention and asks the Government to provide the text upon adoption. It reminds the Government of the possibility of seeking technical advice from the ILO on this matter, including obtaining comments on the proposed Labour Code from the perspective of international labour standards and comparative law and practice.

2. Gender equality in employment and occupation. The Committee notes the Government’s statement that it remained concerned about the low participation of women in education and employment. It also notes that the 2005 United Nations Common Country Assessment and Development Assistance Framework pay particular attention to the situation of women in these areas. However, the Committee also notes that the Government’s report contains very little information on the measures actually taken by the Government to promote and ensure respect, in law and in practice, for the principle of equality of opportunity and treatment in employment and occupation. Given the persistence and magnitude of gender-based inequalities in employment and occupation, the Committee requests the Government to provide more detailed information on the specific action taken to eliminate discrimination against women and to promote equality in respect of their access to education, including vocational training, as well as their equal access to employment and the widest range of occupations and sectors.

3. Sexual harassment. The Committee previously noted the concerns expressed by the United Nations Committee on the Elimination of Discrimination against Women in July 2004 over the occurrence of widespread violence against women, including sexual harassment at work. In this context, it requested the Government to provide information on the practical application of the Suppression of Violence against Women and Children Act 2000 and on any other measures taken to address sexual harassment in the context of work. The Committee notes that, in reply, the Government merely states that no allegations concerning sexual harassment had been received. The Committee considers such an absence of complaints concerning sexual harassment at work to be a matter of serious concern. As the existence of widespread violence and harassment against women in the country is well documented and recognized, the Committee considers that the absence of complaints is likely to be due to the lack of effective mechanisms to address it. The Committee, therefore, requests the Government to urgently take active measures to address the issue of sexual harassment in the context of work through appropriate laws, polices and mechanisms, and to seek the cooperation of workers’ and employers’ organizations in this regard. The Government is requested to keep the Committee informed of any measures taken or envisaged.

The Committee is raising other points in a request addressed directly to the Government.

[The Government is asked to supply full particulars to the Conference at its 96th Session and to report in detail in 2007.]