Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

Article 1 of the Convention. Discrimination on the basis of sex. Sexual harassment. In its previous comments the Committee considered that the provisions of the Penal Code punishing rape and sexual assault may not adequately protect workers against sexual harassment as certain practices or behaviour may not amount to those crimes, but nevertheless constitute discrimination based on sex. The Committee therefore encouraged the Government to take specific measures to define, prohibit and prevent sexual harassment in the workplace. The Committee notes the Government’s statement that it will take the necessary steps to enact appropriate regulation on the subject in the future. Recalling its 2002 general observation on the topic, the Committee encourages the Government to take the necessary steps to prevent and prohibit sexual harassment at the workplace. It also urges the Government to take the opportunity of the review of the Labour Code to insert a provision covering this issue.

Article 2. National policy to promote equality of opportunity and treatment in employment and occupation. The Committee notes from the 2008 concluding observations of the Committee on the Elimination of Discrimination against Women that the National Strategy for the Advancement of Women has been adopted (CEDAW/C/BHR/CO/2, 14 November 2008, paragraph 18). The Committee also notes that under this Strategy, the adoption of measures to promote women’s rights and to eliminate traditional stereotypes about the role of women in society is envisaged (ibid., paragraph 22). In this regard, the Committee further notes that a new curriculum including human rights issues has been introduced with a view to empowering women in society, and a cooperation protocol concerning the review of curricula and educational material has been adopted with the purpose of eliminating stereotypical portrayals of women (ibid., paragraph 32). As regards the measures taken to promote the reconciliation of family and work responsibilities, the Committee notes the Government’s reference to pregnancy leave and flexible job opportunities. The Committee requests the Government to provide information on the specific measures taken under the National Strategy for the Advancement of Women to promote equality of opportunity and treatment in employment and occupation, including measures designed to overcome traditional stereotypes affecting women’s participation in the labour market, and on the impact of such measures. It also requests the Government to indicate whether any measures are envisaged in this context to facilitate the reconciliation of work and family responsibilities. Please also indicate the steps taken to adopt a national policy to promote equality of opportunity and treatment irrespective of race, colour, political opinion, religion, national extraction or social origin.

Equal access of men and women to employment and occupation. The Committee notes from the Government’s report that the Ministry of Labour has taken some initiatives to promote women’s access to employment and occupation, including the organization of specific training programmes designed to provide women with the necessary skills to enter the labour market, “especially the occupations which are preferred by [them]”. From the statistics provided by the Government, the Committee also notes that women represent only 16.2 per cent of the total number of paid employees in the private and public sectors and they are mainly concentrated in the education sector where they account for approximately 71 per cent of the workers. The Committee encourages the Government to take measures to foster women’s participation in the labour market and their access to vocational training and employment of their choice. Please provide information on the implementation of these measures and supply statistical information on the distribution of men and women in the different economic sectors, occupational categories and positions, including information on their levels of remuneration.

The Committee notes that the Government has not replied to its previous comments regarding section 63 of the Labour Code (second phrase) which, according to the English translation published by the Ministry of Labour and Social Affairs provides that “the Minister for Labour and Social Affairs shall make an order prescribing the occupations and jobs in respect of which an employer may offer alternative employment to a female worker because of her marriage”. The Government had previously stated that section 63 of the Labour Code merely prohibits the employer from dismissing female workers due to marriage, pregnancy or giving birth. The Committee requests the Government to ensure that in the revision of the Labour Code the Ministry of Labour and Social Affairs is no longer authorized to prescribe occupations and jobs in respect of which an employer may offer alternative employment to female workers because of their marriage. Please also provide full information on any restrictions or exclusion in respect of employment and occupation imposed on women, in law or in practice, due to marriage or family responsibilities.

Public service. Article 3(d). The Committee notes the Government’s previous statement that government employees are covered by the Civil Service Regulations and that a Civil Service Act was being discussed in Parliament. The Committee once again expresses its hope that the Civil Service Act will provide for equality of opportunity and treatment in respect of all aspects of employment, including recruitment, promotion, and allowances and benefits. The Committee requests the Government to provide a copy of the Civil Service Regulations and the Civil Service Act, as soon as they are adopted.

Enforcement. The Committee notes from the 2005 concluding observations of the Committee on the Elimination of Racial Discrimination that several training programmes have been organized for the judiciary and law enforcement officials concerning the promotion and protection of human rights with a special focus on racial discrimination (CERD/C/BHR/CO/7, 14 April 2005, paragraph 6). The Committee requests the Government to indicate whether these training programmes specifically address the issue of discrimination in employment and occupation. Please also provide information on any judicial or administrative decisions concerning the application of the principle of the Convention as well as information on any violations in this regard detected by the labour inspectorate, the sanctions imposed and the remedies provided.