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

The Committee notes the information contained in the Government’s report. It requests the Government to provide further information in its next report on the following points.

1. The Committee notes that the draft Labour Code, in its section 26, prohibits any discrimination on employment and occupation on all the grounds set forth in Article 1(1)(a) of the Convention. It further notes that a tripartite commission has been established in order to revise the draft Code and that it will take into consideration the Protocol of 1990 to the Night Work (Women) Convention in drafting less restrictive provisions on night work for women. The Committee invites the Government to take into account also the 1985 ILO resolution on equal opportunities and equal treatment for men and women in employment and asks the Government to continue to provide information on the progress made in the adoption of the new Labour Code.

2. The Committee notes in the statistical data provided in the Government’s report that women’s participation in the labour market increased from 27.8 per cent in 1997 to 35.4 per cent in 2000. It also notes the Government’s statement that, in certain limited domains, preference is accorded to men to the prejudice of women, "because of a certain mentality". It further notes the Government’s statement that the National Agency for Employment ensures training programmes to both men and women without discrimination. Noting that women’s participation in employment and occupation and training is still weak, that job segregation between men and women persists and that attitudes may reflect stereotypes and negative images of women in the labour market, the Committee invites the Government to consider the possibility of undertaking positive action programmes with the aim of correcting de facto inequalities, given that the legal prohibition of discrimination is not sufficient to eliminate discrimination or achieve equality in actual practice. Therefore, the Committee asks the Government to provide information on the measures that have been envisaged or taken in this regard. It would further appreciate receiving information on the educational and awareness-raising programmes set up in order to secure the acceptance and observance of the principle set forth in the Convention. It finally asks the Government to continue to supply statistical data disaggregated by sex on the labour market, by different sectors of activities, occupations and levels of responsibility.

3. The Committee once again notes that the Government did not provide information on the application in practice of the amended constitutional provision that abolished the rule of equal representation of religions in the civil service and that statistical data on the composition of the staff in the public service again are not available. It further notes that the system of confessionalism has not been abolished for first-category posts or those at the highest levels. The Committee once again urges the Government to supply information on the implementation of the new system based on competence and qualification and to supply data on the composition of the public service, disaggregated by sex and religion. It further asks the Government to indicate whether it envisages abolishing the rule of equal representation of religions for the top positions as well.

4. The Committee notes that the Government’s report indicates that women workers are entitled in the same way as male workers to receive family allowances, provided that the husband and father of her children does not already receive the same benefits, and that if it is found after a "social investigation" by the fund that her children live with her and she pays for their expenses. The Committee also notes that a new law is being drafted and will establish equality between men and women in the granting of medical care benefits in case of maternity, for the woman herself and the members of the family for whom she is responsible. Nevertheless, noting that the Government did not reply to its previous comments, the Committee must ask again for information on the meaning of "condition of subordination" that women and children must meet in order to receive family allowances. It hopes the new legislation will provide for full equality between men and women in eligibility and payment of employment-based family allowances and benefits. Finally, with a view to achieving greater conformity with this Convention, the Committee wishes to reiterate its initial suggestion that, in order to avoid duplicating the payment of family allowances to the same household, it would be more appropriate to allow couples who are so entitled to choose which of them should receive the family allowances, rather than starting from the principle that they should systematically be paid to the father and, in exceptional cases, to the mother if she can demonstrate that she is bringing up her children alone.

5. The Committee notes the Government’s statement that migrant workers are not discriminated in the labour market. However, it also notes from information in the Government’s report that "in certain cases preferences may be given to the prejudice of certain groups, such as disabled persons and migrant workers". The Committee urges the Government to supply specific information on the cases in which preferences may be accorded to the prejudice to the abovementioned groups. The Committee also requests the Government to indicate whether specific protection on the grounds of sex, race, colour, religion political opinion and national extraction for foreign and migrant workers is provided in the draft Labour Code. It also asks the Government to indicate how protection is afforded in practice, recalling that although the legal context is important, it does not in itself suffice to dispel discrimination in fact as certain forms of discrimination stem from behaviour, attitudes or the display of prejudice which can be eliminated only by the adoption of positive measures, awareness-raising and other promotional measures.

6. The Committee asks the Government to provide a copy of any decision by the courts, the Arbitrage Commission or other bodies concerning the application of the Convention, as well as extracts of labour inspections reports.