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

Articles 1 and 2 of the Convention. Application in practice. The Committee notes the Government’s indication that the 2003 review on the implementation of the Labour Code revealed particular areas of discrimination in practice, in particular, discrimination in job advertisements, including based on sex and age; dismissal of civil servants on the ground of political opinion and affiliation; discrimination on the ground of age, particularly for women, in recruitment; and different pay rates based on national extraction. With respect to discriminatory job advertisements, the Government’s report indicates that these are quite common. The Government notes further that in 2006, the Ministry of Social Welfare and Labour, and the State Professional Inspection Agency conducted a three-month national inspection on the employment of women, giving rise to a number of pay-related complaints, and complaints of unlawful dismissal due to maternity and family responsibilities. The Committee requests the Government to provide information on the measures taken or envisaged to address the areas of discrimination in practice that have been identified through the 2003 review and by the labour inspectorate. The Committee also requests information on the number and nature of complaints lodged pursuant to section 7(2) of the Labour Code, including the remedies provided and sanctions imposed.

Equality of opportunity and treatment between women and men. The Committee notes the information provided by the Government indicating that while women have been successful in taking advantage of educational opportunities, there is a gap in terms of their participation in the highest paid sectors, and they are less likely to be in managerial positions despite higher levels of educational attainment. Women’s unemployment rate is persistently higher than the national average, though 59.8 per cent of those trained in 2007 through the employment offices were women, and 52.6 per cent of those who found jobs following the training. While women are key actors in the informal economy, the Government indicates that they face disadvantages and obstacles such as inadequate credit, family obligations and severe over-qualification for their work. Difficulties for men have also increased, including pressure to drop out of school and start earning. The Committee requests the Government to provide information on the following:

(i)    the practical steps taken or envisaged to provide women with a wider range of employment opportunities, including in the highest paid sectors and at the managerial and decision-making levels;

(ii)   any measures taken to ensure that women have equal access to credit and to the goods and services necessary for carrying out their occupations; and

(iii) any measures taken to alleviate the pressure on boys to drop out of school early, thus limiting their skills and employability.

Legislative developments. Referring to its previous comments on the Equal Remuneration Convention, 1951 (No. 100), the Committee notes that the National Council on Gender Issues is now the National Committee for Gender Equality, which is developing a draft Gender Equality Law. The Committee also notes that the Committee on the Elimination of Discrimination against Women (CEDAW) in its concluding observations, called for “the speedy adoption of the draft law on gender equality that includes a definition of direct and indirect discrimination” (CEDAW/C/MNG/CO/7, 7 November 2009). The Committee hopes that the Gender Equality Law will be adopted in the near future, and asks the Government to provide information on the status of the Law, and on any activities undertaken by the National Committee for Gender Equality to promote equality of opportunity and treatment between women and men in employment and occupation.

Sexual harassment. The Committee notes the concern raised by the CEDAW (ibid.) regarding the absence of specific legislation prohibiting sexual harassment. In this context, the Committee refers to its 2002 general observation, highlighting that sexual harassment is a form of sex discrimination with grave and serious repercussions, and that appropriate measures should be taken to prohibit sexual harassment in employment and occupation. Sexual harassment should be defined to include both quid pro quo and hostile work environment (see general observation concerning Convention No. 111, 2002). The Committee requests the Government to provide information on the measures taken to prevent and address sexual harassment in employment and occupation, and on whether any measures have been taken or are envisaged to adopt legislation on this issue.

Exclusion of women from certain occupations. The Committee has raised concerns over a number of years regarding the exclusion of women, pursuant to Order No. A/204 of 1999, from a wide range of occupations. The Committee notes the Government’s indication that in practice, the list of prohibitions is not being respected, and women are in fact being hired in those jobs. The Government also states that the National Inspection on Employment of Women undertaken by the State Professional Inspection Agency provided recommendations on amending the list of prohibited occupations. The Committee recalls that special protective measures for women which are based on stereotyped perceptions regarding their capacity and role in society give rise to violations of the principle of equality of opportunity and treatment. The Committee asks the Government to ensure that protective measures are strictly limited to protecting maternity and that those aimed at protecting women because of their sex or gender, based on stereotyped assumptions, are repealed, and to provide information on the steps taken in this regard.

Protection of workers with family responsibilities. The Committee once again refers to Chapter 7 of the Labour Code, a number of provisions of which provide protection based on family responsibilities in a manner that assumes that the burden of family responsibilities should be shouldered solely by working mothers, thus reinforcing stereotypes, and making a more equitable sharing of family responsibilities more difficult. The Committee requests the Government to provide information on the steps taken or envisaged to extend the protection afforded under Chapter 7 to men, in order to promote equality in employment and occupation of both men and women.

Discrimination on the basis of political opinion. The Committee notes the Government’s confirmation that dismissals of civil servants on the ground of political opinion are common, particularly after general and local elections. The Committee again requests the Government to provide information on the measures taken to end dismissals of civil servants based on political opinion, and to provide specific information on the number, nature and outcome of complaints made on this basis.

Measures to promote equality irrespective of race, colour or national extraction. The Committee notes the Government’s indication that it has adopted a programme on the reinforcement of reindeer husbandry and improvement of livelihoods of tsaatan or reindeer herders for 2008–15. The Committee requests the Government to provide information on the implementation of the programme on reindeer husbandry and the results achieved. Please also provide any further information on measures taken or envisaged to address discrimination on the basis of ethnicity, and whether any assessment on the employment situation of ethnic minorities has been undertaken and, if so, the results thereof.