Demande directe (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

1. National extraction. In its previous observation, the Committee reiterated its hope that national extraction would be added to the grounds of discrimination prohibited by the Organic Labour Act and the draft Bill on the preservation of employment and labour development, so as to cover all the prohibited grounds of discrimination laid down in the Convention. It notes that, according to the Government’s report, the amendment of the Act was included on the agenda of the National Assembly for 2006. According to the report, there is consensus on the issues raised by the ILO in relation to freedom of association, with some areas of divergence. The Committee notes the Government’s extensive references to the issue of freedom of association and the indication that the Act on employment preservation was changed and replaced by the Act respecting the system for the performance of employment, published in Official Gazette No. 38.281, dated 27 September 2005, but regrets to note that the report does not contain information on the manner in which the criterion of national extraction was addressed. The Committee once again requests the Government to indicate whether national extraction has been or is being included as a prohibited ground of discrimination in the reform of the Organic Labour Act. It also requests the Government to provide information on the manner in which non‑discrimination based on national extraction is ensured in practice.

2. Sexual harassment. The Committee notes that, according to the Government’s report, there are no court rulings citing section 19 of the Act on violence against women and the family, referring to sexual harassment. It also notes that the National Institute for Women has undertaken many awareness-raising activities in relation to the Act. It notes that between 2001 and 2005, the National Institute for Women gave 690 talks to approximately 15,000 women, held 134 workshops for 4,690 public employees and distributed 440,000 publications on this subject. The Committee requests the Government to provide information on the impact of section 19 in terms of punishing and eradicating sexual harassment in the workplace. Also noting that in 2005 a commission was set up to reform the Act on violence against women and the family, the Committee requests the Government to provide information on the progress made in this reform, with particular reference to any amendments or future regulation respecting sexual harassment at the workplace.

3. HIV/AIDS. The Committee once again requests the Government to provide information on the impact in practice of Decision No. 71 of the Ministry of Labour of 29 November 2002, pursuant to which the requirement of testing for HIV antibodies for admission to employment or during employment amounts to discrimination based on health and is a clear violation of the Constitution, and dismissals following testing positive for HIV or refusing to undergo such tests are void, with the burden on the employer to prove that the dismissal was objective, reasonable and proportionate.

4. National policy of equality for women. The Committee notes the extensive information provided by the Government on the activities of the National Institute for Women and the Office of the National Ombudsperson on the rights of women. In particular, it notes the Equality Plan for Women 2004–09, which was formulated in broad consultation with the 39 women’s assemblies. It notes that under that the heading “Policy objectives and approach: Economic dimension”, the following objectives are enumerated: promoting greater integration of women in economic activity through employment policies without discrimination of any type; facilitating the legislative social security process for women; encouraging the formulation of the national budget with a gender perspective; and guaranteeing equal wages for all. The Committee would be grateful if the Government would provide detailed information on the follow-up to the objectives referred to above, and on the implementation of the Equality Plan for Women, with particular reference to equality of opportunity and treatment for women in employment and occupation, and the results achieved.