Demande directe (CEACR) - adoptée 1999, publiée 88ème session CIT (2000)

The Committee notes the Government's report.

1. The Committee notes with interest the adoption of the new Commercial Code, section 17 of which clearly establishes freedom for a married woman to engage in commerce, reinforcing the repeal of section 726 of the Civil Code which subjected this activity to prior authorization by the husband. It also notes that discussions regarding the draft new Labour Code within the tripartite committee set up to examine the question have obtained agreement on most of the provisions. Besides the general provisions guaranteeing non-discriminatory treatment, this draft contains a revision, with a view to their possible removal, of the restrictions contained in the Decree of 6 September 1957 in respect of the access of women to certain dangerous work. The Committee looks forward to receiving a copy on adoption.

2. The Committee notes the replies of the Government to comments made in its previous direct request regarding the restrictions on access of women to certain occupations in special public service statutes, and also in practice. They include the performance of functions in the postal service, civil defence, active service in the police and customs administration, posts as firefighters, as well as in the Ministry of the Interior, the Inspectorate of Finances, and the forestry administration. The Committee notes the Government's indication that these restrictions in the services mentioned above have been lifted and that women are now effectively engaged in posts in these services. It requests the Government to provide recent statistical information with its subsequent reports in respect of employment and training for women as compared to men taken from the survey on training and employment of women, as well as information on the progress achieved in the implementation of Ministry of Labour programmes to promote women, on the platform for a national strategy on the promotion of women, mentioned in the Government's report, in respect of equality of access for men and women to training and employment.

3. Noting also the comments of the Committee on the Elimination of Racial Discrimination of February 1999 (CERD/C/304/Add.57) that, although the Constitution established the principle of equality of all citizens before the law in a general manner, there are no legal provisions explicitly prohibiting racial discrimination. The Committee again renews its hopes for the early adoption of the draft Labour Code, for which the discussions seem finally, after many years, to be arriving at agreement.