Observation (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Discrimination on the basis of colour. Further to its previous comments on the absence of any reference to the ground of colour in the anti-discrimination provisions of the Labour Code, the Committee notes the Government’s explanation that “colour” would be covered by section 8(1) of the Code as it falls under the “other criteria which are not linked to the professional qualifications of the workers”. The Committee also notes from the Government’s report under the Framework Convention for the Protection of National Minorities that a draft law on preventing and combating discrimination is being drawn up which will cover, among others, the areas of employment and education, thus complementing and clarifying the existing provisions of the Labour Code (ACFC/SR/III(2009)001, 24 February 2009, pages 7–8). Recalling once again the importance of including explicit references to all the grounds enumerated in Article 1(1)(a), of the Convention in national legislation prohibiting discrimination (see paragraph 206 of the Special Survey on equality in employment and occupation, 1996), the Committee encourages the Government to consider inserting an explicit prohibition of discrimination covering all grounds enumerated in the Convention, including colour, in the law on preventing and combating discrimination and requests it to provide a copy of the law once it has been adopted. The Committee also requests the Government to provide information on the practical application of section 8(1) of the Labour Code to cases of discrimination based on colour.

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