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

Article 1, paragraph 1(a), of the Convention. Grounds of discrimination covered by the legislation. Recalling its comments over many years regarding the need to bring the legislation into conformity with the Convention by including all grounds of discrimination listed in Article 1(1)(a), the Committee notes that the Government reiterates that it will consider this issue in the context of a future revision of the Labour Code, though no specific information in this regard is provided. Recalling that despite its repeated requests, the Government has not yet taken any measures to initiate such a revision process, the Committee urges the Government to take the necessary measures to revise the legislation to include provisions defining and prohibiting direct and indirect discrimination based on all the grounds listed in the Convention (race, colour, sex, religion, political opinion, national extraction and social origin) in respect of all stages of the employment process, including recruitment, in accordance with the obligations it has undertaken by ratifying the Convention. The Government is requested to provide detailed information on the progress made in this regard.

Discrimination based on sex. Legislation. The Committee notes that the Government’s report does not contain information in reply to its previous comments which stressed the importance of repealing any provisions of the legislation that discriminate against women, in order to ensure that full effect is given to the principle of equality of opportunity and treatment of men and women in employment and occupation. It recalls in particular that in accordance with section 223 of the Civil Code, husbands can prevent their wives from engaging in certain occupations. The Committee also notes that in its 2009 concluding observations, the Committee on the Elimination of Discrimination against Women noted an absence of progress regarding the abrogation of discriminatory provisions, particularly in the Penal Code, the Civil Status Registration Ordinance and the Civil Code. (CEDAW/C/CMR/CO/3, 10 February 2009, paragraph 14). The Committee accordingly urges the Government to take, without further delay, concrete measures to initiate a process of legislative reform to repeal all provisions which have the effect of nullifying or impairing women’s equality of opportunity and treatment in employment and occupation, and requests the Government to provide information on the measures taken to this end.

Article 2. National policy on equality of opportunity and treatment. The Committee notes that the Government affirms that the national policy on employment and vocational training currently under preparation is dedicated to the principle of equal treatment and access to employment and non-discrimination. The Committee recalls nevertheless that in its previous comments it underlined that the recognition of the principle of equality alone is not sufficient to constitute a national policy within the meaning of Article 2 of the Convention, and that it is necessary to adopt and implement concrete and proactive measures such as training programmes and public awareness raising, to promote equality of opportunity and treatment effectively. In this regard, the Committee notes that the Committee on the Elimination of Discrimination against Women, in its 2009 concluding observations expressed concern over the persisting patriarchal attitudes and deep-rooted stereotypes concerning the roles and responsibilities of women, which are a source of discrimination against them (CEDAW/C/CMR/CO/3, 10 February 2009, paragraph 24). The Committee requests the Government to take the necessary measures to elaborate and implement a national policy which includes action programmes and concrete measures to promote equality of opportunity and treatment and to address discriminatory practices in employment and occupation effectively. The Government is requested to provide information on the progress made with regard to the elaboration and implementation of such national policy and the results achieved.

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