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

National extraction and social origin. The Committee notes the Government’s indication that it has no intention of adding the grounds of national extraction and social origin as prohibited grounds in the national legislation. The Government also states that discrimination based on social origin is not a major issue. The Committee wishes to remind the Government that, while the concept of social origin may not at present appear relevant in the national context, new forms of discrimination may emerge over time due to labour market and societal changes. The Committee further recalls that where provisions are adopted in order to give effect to the principle contained in the Convention, they should include all the grounds of discrimination laid down in the Convention (General Survey of 1988 on equality in employment and occupation, paragraph 58). The Committee asks the Government to take concrete steps to include an explicit reference to the grounds of national extraction and social origin in the legislation, in accordance with Article 1(1)(a) of the Convention. It also asks the Government to monitor carefully any emerging forms of discrimination in law and in practice that may result in or lead to discrimination in employment and occupation on the basis of social origin and national extraction.

Non-nationals. The Committee recalls its previous comments concerning the lack of protection of the immigrant population against discrimination in employment and occupation on the grounds set out in the Convention. The Committee notes from the Government’s report that apparently only non-nationals with legal status in the country benefit from the protection offered by the Convention. The Committee recalls that all non-citizens, independent of their legal status, are covered by the Convention. The Committee asks the Government to amend its legislation so as to ensure that the whole immigrant population, independent of their legal status, is protected against discrimination based on any of the grounds prohibited by the Convention, that is race, colour, sex, religion, national extraction, political opinion and social origin. The Committee further encourages the Government to undertake a study to identify any practices or social and economic conditions that may have a discriminatory effect on the employment opportunities of the immigrant population, and to report on the progress made in this regard.

Promoting equality between men and women in employment and occupation. The Committee notes the brief information in the Government’s report regarding measures taken to improve women’s employment opportunities and education, including courses offered to them in pastry making, art and craft, bakery and interior decorating. It also notes that the Gender Affairs Department is now linked with the Ministry of Education. The Committee draws the attention of the Government to the fact that stereotyped assumptions regarding women’s ambitions and capabilities, as well as their suitability for certain jobs, often lead to occupational segregation of men and women in education and training and consequently in the labour market. The Committee therefore asks the Government to indicate to what extent the courses offered to women have helped them to find jobs with further career opportunities on an equal basis with men. It also asks the Government to provide information on any other initiatives taken or envisaged to promote women’s participation in courses and jobs traditionally held by men, and to supply statistical data, disaggregated by sex, on the participation on men and women in the various training courses offered.

Public sector. The Committee notes the Government’s statement that the categories of workers excluded from section A6(2) of the Labour Code are protected by the non-discrimination provisions in the Constitution. The Committee asks the Government to provide information on any practical measures taken to protect civil servants, persons in the naval, military or air force, the police force and persons holding diplomatic status, against discrimination as well as measures to promote their equal opportunities.

Statistics. The Committee recalls the importance of collecting statistical data, disaggregated by sex, and where available, also on other grounds, for assessing the extent of the progress made in the application of the Convention. Noting once again the absence of such data in the Government’s report, the Committee asks the Government to make every effort to collect and supply at least comprehensive and relevant data on employment of men and women in the various sectors and occupations of the public and private sectors.

Part V of the report form. The Committee reiterates its request for detailed information on the measures that are in place to educate workers on all grounds of discrimination included in the Convention, including information on any seminars or workshops held during the reporting period, or on pamphlets and other literature disseminated or available to the public on this subject.