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

Article 1 of the Convention. Lack of protection against discrimination in hiring. The Committee recalls its long-standing comments since 1998 urging the Government to take the necessary legal measures to ensure that women are fully protected against discrimination in all aspects of employment and occupation, including hiring. While noting the Government’s very general statement that it is taking steps to address discrimination against women in hiring, the Committee regrets to note that the Government does not provide more detailed information on the nature and extent of the measures taken, including the amendment of section 135 of Republic Act (RA) of 12 May 1989, No. 6789, which continues to omit protection against discrimination in hiring. The Committee strongly urges the Government to bring its legislation into conformity with Article 1 of the Convention so as to ensure that women are fully protected against discrimination in all aspects of employment, not only with respect to terms and conditions of employment, training and education opportunities and job security, but also in hiring. The Committee also asks the Government to provide full details on the measures taken to prevent and address discrimination against women in hiring, and the results achieved.

Article 3(d). Application in the public service. For a considerable number of years (since 1999), the Committee has been asking the Government to provide information on the application of the Convention in the public service. In particular, the Committee requested information on the practical application of specific provisions on non-discrimination and equal opportunities of men and women under the Merit Promotion Plan (MPP) and the impact of the Civil Service Commission Resolution No. 99-0684 on the promotion of equal opportunities for men and women at third-level positions in the civil service. The Committee also requested information on the application in practice of Resolution No. 98-463 banning discrimination on the basis of gender, religious or political affiliation, minority or cultural extraction or social origin in respect of employment and occupation. The Committee regrets to note that the Government’s report once again remains silent on how the principle of equality of opportunity and treatment is ensured in the public service. The Committee strongly urges the Government to provide full particulars in its next report on the following:

(i)    the application of the MPP and the impact of the Civil Service Commission Resolution No. 99-0684 on the promotion of gender equality;

(ii)   the application in practice of Resolution No. 98-463 banning discrimination on the basis of gender, religious or political affiliation, minority or cultural extraction or social origin in respect of employment and occupation; and

(iii) the general measures taken to ensure the observance of the national policy on equality in the public service with respect to all the grounds set out in Article 1(1)(a) of the Convention.

Please also provide up to date statistical data disaggregated by sex, religion and national extraction, if possible, on employment in the public service.

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