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

New legislation to combat discrimination and promote equality. The Committee notes that the Government has taken a series of legislative measures to combat discrimination in employment and occupation and sexual harassment more effectively, and to promote equality between men and women. In 2007, a legislative reform was put in place to create a general framework to combat all forms of direct and indirect discrimination based on a large number of criteria in all areas of public life, including employment, as well as for the purposes of social security. The new laws, notably the Act to combat discrimination between men and women of 10 May 2007; the Act designed to combat certain forms of discrimination (General Anti-discrimination Act) of 10 May 2007; and the Act to curb acts motivated by racism or xenophobia of 10 May 2007, amending the Act of 20 July 1981, introduce new elements into the existing legislation.

The Committee notes with satisfaction that, by including discrimination on the basis of social origin in the General Anti-discrimination Act, the legislation now contains all the criteria of discrimination listed in Article 1(1)(a) of the Convention. The Committee is also pleased to note that henceforth nationality is included as an additional ground of discrimination in the national legislation, in accordance with Article 1(1)(b) of the Convention.

Furthermore, the Committee notes that the new laws aim to improve the system of penalties and make them more specific and effective, both at the criminal and civil levels. They prohibit the instruction to discriminate and provide for the punishment of anyone inciting discrimination, segregation, hatred or violence against a person, group, community or their members on the grounds of one of these criteria. The laws also make it possible to combat de facto discrimination by means of an action for injunction, and provide for the shifting of the burden of proof of discrimination. With respect to gender equality, the Act of 2007, designed to combat discrimination between men and women, henceforth bans any direct and indirect discrimination based on sex, including the instruction to discriminate, sex-based harassment and sexual harassment in employment and occupation.

Furthermore, in order to prevent and combat sexual harassment more effectively, the Act of 4 August 1996 concerning the well-being of workers, as amended in 2007, now obliges employers to take measures designed, inter alia, to combat sexual harassment as part of their overall policy to prevent work-related psychological and social problems. These measures include appointing a counsellor or other persons of confidence, setting up an internal procedure at the enterprise level, informing and training workers, and assisting the victims. The Act also gives social inspectors and the labour prosecutor’s office an important role.

Finally, the Committee notes the adoption, on 12 January 2007, of the Act monitoring the application of the resolutions of the Fourth World Conference on Women, held in Beijing in September 1995. The said Act requires the implementation of the principle of gender mainstreaming in all federal policies, including in the area of employment and social security. It also provides that legislation and regulations must be accompanied by a report assessing their impact on the respective situation of women and men, so as to avoid introducing or reinforcing any possible inequalities; furthermore, all relevant statistics must be disaggregated by sex. The law also provides that the concepts of equality between men and women and gender mainstreaming must be taken into account in public contracting procedures and the granting of subsidies.

The Committee would be grateful if the Government would provide information on the application in practice of the new federal legislation concerning discrimination, sexual harassment and gender mainstreaming, by enclosing a copy of the relevant administrative or legal decisions and by indicating the activities undertaken by the Government, the Institute for Equality of Women and Men and the Centre for Equal Opportunities and the Fight Against Racism.

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