Observation (CEACR) - adoptée 2002, publiée 91ème session CIT (2003)

The Committee notes the comments of the International Confederation of Free Trade Unions (ICFTU), received on 22 November 2002, which contain information concerning discrimination on the ground of sex. The comments have been forwarded to the Government and the Committee will address them, together with any reply the Government may wish to make thereon, at its next session.

1. The Committee notes the constitutional reform of 15 December 1999 and the inclusion of the prohibition of discrimination in employment for political reasons as a constitutional right in article 89(5). Section 26 of the Organic Labour Act of 27 November 1990, as amended on 29 June 1997, already prohibited discrimination in conditions of employment on, among other grounds, political affiliation; however the Committee recognizes that raising the right of non-discrimination for political reasons to the constitutional level, thereby affording it legal primacy, supplements the above protection with a view to guaranteeing equality of opportunity and treatment in employment and occupation. The Committee requests the Government to provide information on the manner in which this right is guaranteed by means of judicial decisions.

2. The Committee notes with interest the adoption of the Act on equality of opportunities for women, of 25 October 1999, guaranteeing women the full exercise of their rights, and the development of their personality, aptitudes and capacities. The Act establishes the obligation of the State, among other entities, to guarantee equal training, equality of opportunity in employment in the public and private sectors, to promote the participation of women in the productive sector in both the informal and structured economy in urban and rural areas, and to promote services to prevent the double or triple working day. The Act establishes the National Institute for Women as a permanent body responsible for determining and coordinating policies and matters related to the condition and situation of women. The Act also creates the institution of the National Attorney for the Defence of Women’s Rights to ensure compliance with provisions relating to women’s rights. The Committee requests the Government to provide information on the application of this Act in practice and on the effectiveness and operation of the institutional machinery that has been established. The Committee refers to this point in greater detail in a direct request.

3. With regard to its request on the manner in which discrimination in employment and occupation is prohibited on grounds of national extraction, the Committee recalls the importance of adopting legislative protection against discrimination on all grounds set out in the Convention as well as taking measures to promote equality of opportunity and treatment. The Committee hopes that the prohibition of discrimination on grounds of national extraction will be introduced into the Organic Labour Act and the draft Bill on the system for employment and labour development, thereby covering all the grounds laid down in the Convention.

The Committee is also addressing a request directly to the Government on other points.