Demande directe (CEACR) - adoptée 2020, publiée 109ème session CIT (2021)

Repetition

Article 1(1)(a) of the Convention. Discrimination on the basis of sex. Sexual harassment. The Committee notes the Government’s indication that it plans to consult the National Council for Labour and Social Security (CONTESS) on the introduction of a prohibition on sexual harassment into the Labour Code. The Committee is aware that meetings of this tripartite body resumed in November 2016 in order to examine draft legislation amending and implementing the Labour Code in various areas. Moreover, the Committee welcomes the provisions prohibiting quid pro quo sexual harassment that appear in the enterprise agreement (in the industrial sector). The Committee trusts that the Government will take the opportunity provided by the partial revision of the Labour Code, in consultation with CONTESS, to include provisions defining, prohibiting and penalizing both quid pro quo and hostile working environment sexual harassment. It also asks the Government to take practical steps, in collaboration with workers’ and employers’ organizations, to prevent sexual harassment in employment and occupation and to raise awareness of this issue among these organizations and also among labour inspectors, magistrates and the general public. The Committee also asks that the Government continue to provide examples of clauses in enterprise and/or collective agreements which relate to sexual harassment.

Article 1(2). Inherent requirements of a particular job. With regard to section 6 of Act No. 48/AN/83/1ère L issuing the General Public Service Regulations, which prohibits discrimination on the basis of sex “subject to exceptional measures provided for in particular regulations and required by the nature of the duties”, the Government explains that there are no particular regulations that reserve jobs exclusively for women in the public service, but that in practice men do not apply for certain jobs such as that of midwife or executive secretary. While duly noting these statements, the Committee recalls that the exceptions to the principle of equality established by the Convention must be interpreted strictly and only be applied if the fact of being a man or a woman is an essential condition for performing the job or exercising the occupation, as in the case of jobs involving physical intimacy. The Committee asks the Government to ensure that the exception established by section 6 of Act No. 48/AN/83/1ère L issuing the General Public Service Regulations is interpreted and applied in a restrictive manner, taking account of the principle of equality between men and women in employment and occupation. The Committee asks the Government to provide information on any limitation on the employment of women adopted on the basis of this section.

Article 2. Equality of opportunity and treatment for men and women. The Committee notes that, according to the statistics provided by the Government, the employment rate in 2009 was 29.4 per cent for women compared with 44.5 per cent for men, and that girls accounted for some 42 per cent of pupils in public middle and secondary general education in 2011–12 compared with around 39 per cent in 2004–05; the percentage of girls following technical and vocational education was not indicated (statistical yearbook of Djibouti, 2012 edition). The Committee notes with interest the steps taken by the Government to implement a literacy programme for girls and women (1,700 participants between 2008 and 2011) and the introduction of vocational training courses aimed at giving women access to jobs generally occupied by men (heavy goods vehicle and bus drivers, personal security guards, etc.), and the adoption of the National Gender Policy 2011–21. According to the National Gender Policy document, the final evaluation of the National Strategy for the Integration of Women (SNIFD) in 2010 showed that progress had been made for women, particularly in terms of access to primary and secondary education, respect for their fundamental rights and their representation in decision-making bodies. However, the evaluation also underlined the inequalities that affect women, particularly in terms of poverty, illiteracy and limited access to economic resources and opportunities. The National Gender Policy document identifies certain causes of inequalities with regard to employment and economic opportunities, such as stereotypes concerning the roles of men and women in society, the unequal division of domestic work, unequal access to the means of production, technology and credit, and unequal levels of education and training. The National Gender Policy comprises five strategic components, including the promotion of gender awareness in households and the community and the equitable promotion of the potential of women and men within the economy and of their access to economic resources, and it provides, inter alia, for the revision and the harmonization of legislation with international agreements and the adoption of additional legal measures to eliminate discrimination and ensure gender equality. While noting this information, the Committee asks the Government to continue to take steps aimed at improving equal access for men and women to all levels of education and vocational training, land, credit and employment, by continuing to combat gender stereotyping and occupational segregation of men and women, in order to increase the participation of women in the labour market, including in occupations predominantly undertaken by men, and in managerial posts. The Committee also asks the Government to provide information on the legislative and practical measures taken to implement the National Gender Policy 2011–21 and also on the results achieved in the areas of education, vocational training and employment, sending copies of the evaluation reports for this policy.

Article 3(d). Public service. Family allowances. The Committee recalls that the family allowances provided for under sections 7–13 of Decree No. 83 098/PR/FP of 10 September 1983 are paid to public servants who are heads of families, that is, solely to male public servants (in accordance with section 31 of the Family Code, which provides that the husband is the head of the family). The Government indicates that it will consult CONTESS on this matter with a view to amending these sections. Recalling that these provisions are contrary to the principle of equal treatment for men and women, the Committee asks the Government to take the necessary steps to amend them so that women public servants can also benefit from family allowances on an equal footing with men public servants and, where both spouses are public servants, allowing them to choose which of them should receive the allowances. The Committee asks the Government to provide information on the measures taken in this regard, including the outcome of any consultations with CONTESS on this matter.

Article 5. Affirmative action. Public sector. The Committee notes the Government’s statement that the measures for achieving representation of each sex of at least 20 per cent in higher-level state jobs established by Decree No. 2008 0270/PR/MPF of 26 November 2008 relate to the posts of secretary-general, technical adviser, director, head of service, ambassador, embassy adviser and consul. It also indicates that it is planned to consult CONTESS regarding the extension of the application of this decree to local administrations. The Committee asks the Government to provide information on the steps taken to apply this Decree, particularly with regard to training, and on the results achieved in terms of the participation of women in supervisory posts in the administration. The Committee also asks the Government to indicate whether the application of this Decree has been extended to local administrations, after consultation with CONTESS and, if not, whether other steps have been taken or are planned to promote the access of women to supervisory posts within these administrations.

Special measures of protection for women. The Committee notes the Government’s indication that the draft order establishing the types of work and enterprises from which pregnant women and young persons are prohibited provided for in section 111 of the Labour Code, has been drawn up and was due to be submitted to CONTESS in April 2016. Noting that the Government only refers in its report to “pregnant women” and recalling that special measures which exclude women from certain jobs and occupations must not go beyond what is strictly required to protect maternity in the broad sense, the Committee asks the Government to clarify whether the draft ordinance has been examined by CONTESS and whether it is concerned with women in general or only pregnant women. It asks the Government to send a copy of the order once it has been adopted.

Labour inspection. The Committee notes the Government’s indication that a first case of discrimination concerning persons living with HIV/AIDS was recorded in 2016 by the labour inspectorate and that it is being examined. With particular regard to the protection of persons living with HIV against discrimination and stigmatization, the Committee would like to draw the Government’s attention to the provisions of the HIV and AIDS Recommendation, 2010 (No. 200), and asks it to provide information on the administrative and/or judicial follow-up to the case referred to above. The Committee also asks the Government to continue providing information on the steps taken by the competent authorities to monitor the application of the legislative provisions on discrimination in employment and occupation (the Labour Code and Act No. 174/AN/07/5e L) setting out protective measures adapted to the situation of persons living with HIV and AIDS and vulnerable groups.