Observación (CEACR) - Adopción: 2007, Publicación: 97ª reunión CIT (2008)

1. Access of women to the civil service. The Committee recalls its previous observation in which it expressed concern over the continuing occupational segregation of women in the lower categories of the public service and the slow progress in achieving an equitable balance between men and women in the public service, particularly at higher levels. The Committee notes that the Government submits that by encouraging women to work for longer service periods they will become capable of meeting the established competitive conditions to fill supervisory positions which require an accumulation of knowledge and experience over long years of service. The Committee further notes the Government’s explanations that under the Civil Retirement Act of 1995 women were allowed to leave the civil service early to work in the private sector and as such receive two pensions, one under the Civil Retirement Act and one under the Social Security Act. Female civil servants therefore preferred, after having served the statutory period required for retirement, to leave the civil service to work in the private sector due to the low salaries in comparison with the private sector, especially in the education sector which accounts for 65 per cent of the public service. The Government expects that this phenomenon will disappear since all public service employees are now covered by the Social Security Act. According to the Government, this should reflect positively on the choice of female civil servants to stay in the public service and as such accumulate the years necessary to enjoy a higher degree of competitiveness to access positions at higher levels. The Committee further notes that in 2002, the Government increased the period of service required for going into civil service retirement by five additional years for both men and women, but that this has generated strong disagreement among the national women’s associations. While appreciating the information by the Government on the measures taken, the Committee questions whether these measures effectively address the persistent problem of occupational segregation of men and women in the different occupational categories of the civil service. The Committee also wishes to point out that where seniority is a determining factor for purposes of promotion into higher level posts, the equitable application of this criterion should not lead to indirect discrimination against female civil servants. Moreover, female civil servants whose employment has been interrupted for reasons of maternity or family responsibilities will be penalized to the extent that their seniority in the civil service is curtailed by the period of the interruption. In order to prevent indirect discrimination, it may be necessary to review, in the light of the principle laid down in the Convention, the choice and weighting of the elements to be taken into account in evaluating a civil servant’s possibilities and capabilities in accessing higher level posts. The Committee asks the Government:

(a)   to review whether the weight given to the criterion of accumulated knowledge and years of experience to access higher level posts in the civil service has a discriminatory impact on women’s possibilities to access such posts;

(b)   to take more proactive measures to address the occupational segregation within the civil service, including the taking of measures to overcome the problem of women having an insufficient number of accumulated years of experience and knowledge, and to promote women in higher level posts, and further to provide information on the results achieved; and

(c)   to continue supplying information on the distribution of men and women in all posts of the civil service.

2. Equal access of men and women to vocational training. The Committee recalls its previous comments on the measures taken to improve women’s educational attainment, technical skills and experience and the need to diversify women’s employment opportunities. The Committee notes the extensive information in the Government’s report on the measures taken to increase women’s access to vocational training. It notes in particular the efforts, despite existing stereotypes on women’s “suitability” for certain jobs and occupations, to increase the capacity of vocational training institutes to provide training for women and girls and to promote their participation in a wider range of vocational training courses, including those traditionally offered to male students. The Committee is encouraged by these developments but would still need more concrete information to assess the specific impact of these measures on women’s chances to compete on an equal basis with men for a wider range of employment opportunities, including in higher level positions. The Committee, therefore, asks the Government to continue to take the necessary measures to ensure that the type of training available for women is enabling them de facto to access a wider range of jobs, and to provide information in its next report demonstrating any real progress made in this regard. Such information should include up to date statistics disaggregated by sex on the participation rates of men and women in the various training courses and the number of men and women who have found employment as a result of such training.

3. National policy on equality on other grounds. The Committee notes the Government’s statement that the Government has always pursued a national policy of equality of opportunity and treatment for all, and that both nationals and non-nationals can join training programmes regardless of race, colour, religion, national extraction, political opinion or social origin. The Committee must once more regret that the information provided in the Government’s report remains very general and vague and does not indicate that any measures are being taken to address discrimination based on grounds other than sex. The Committee reminds the Government that under Articles 2 and 3 of the Convention, the effective application of a national policy requires the implementation of appropriate measures and programmes to promote and correct de facto inequalities which may exist in training, employment and conditions of work. The Committee, therefore, urges the Government to indicate in its next report the concrete measures taken or envisaged, as set out in Article 3(a) to (e) of the Convention, to guarantee the effective application of the Convention with respect to the grounds of race, colour, national extraction, religion, political opinion and social origin.