Demande directe (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

1. Article 1(1)(a) of the Convention. Sexual harassment. The Committee takes note of the information provided in the Government’s report indicating that until the ratification of the Convention - which has become part of the legislation - there was no law on sexual harassment. The Committee hopes that the Government will be in a position to provide further information in its next report in relation to the various points raised in its general observation, e.g. the definition, the scope of who is protected and of this protection (vocational training, access to employment, etc.) and of liability (i.e. employers, co-workers, clients). In addition, the Committee requests the Government to consider enacting legislation in order to precise the abovementioned points and the enforcement mechanisms and procedural protection for victims and accused harassers.

2. Article 2. Lack of national policy on equality. The Committee hopes that the Government will provide detailed information in its next report on the manner in which the activities of the Permanent Council for Social Dialogue support the authorities to pursue a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation.

3. Article 3(b). Lack of legislation. The Committee notes the information provided by the Government indicating that consultations have been held with social partners - among other sectors - before discussing in the Permanent Council for Social Dialogue the draft legislation that will revise the General Labour Act, 1986. Noting that at present, no specific law beyond the Constitution or policy exists to prohibit discrimination and promote equality in employment and occupation, the Committee reiterates its hope that the draft Act will contain a prohibition of discrimination in accordance with Article 1 of the Convention. The Committee also hopes that the Government would be in a position to provide a copy of the draft Act in its next report.

4. Educational and awareness promotion. The Committee takes note of the information provided by the Government according to which workers are aware of their rights of non-discrimination through seminars and radio broadcasts. The Committee welcomes those initiatives and hopes the Government will promote awareness also among public and private sector employers.

5. Article 3(d). National authorities. The Committee takes note that the Parliamentary Commission that was to undertake a review of the legislation concerning women and children has been abolished. It also refers to the Government’s previous report, which indicated the establishment of a governmental institute on women and children. Given the recent events in the country, the Committee asks the Government to provide information on the currently existing institutions and authorities concerning women and gender equality. Please also supply information on the activities of these authorities, including programmes and legislative initiatives related to employment.

6. Article 3(e). Vocational education and training. In its previous comments, the Committee noted that out of 84 persons enrolled in training courses, only three were women. It takes note of the indication of the Government that equal access by women to the new general department for technical and professional training and non-formal education is guaranteed by article 25(1) of the Constitution. The Committee recalls that equal access to training should also be secured in practice and not only in legislation. The Committee trusts that the Government will adopt the necessary measures to enable a larger proportion of women be enrolled in training courses.

7. Part III of the report form. Enforcement. The Committee takes note that the Government remains optimistic about existing training and new labour inspectors on issues of discrimination and takes note of the Government’s request for technical assistance to support such training. It hopes that the Government will be able to report on the holding of this type of training and its impact in its next report, including any complaints which have been filed or resolved.

8. Part V of the report form. Practical information on application. The Committee notes that, once again, the Government states that there is no discrimination in law or practice in the country. The Committee remains concerned by this statement and the lack of any complaints or practical information in order to make any assessment on the actual employment situation in the country in relation to the grounds set out in the Convention. The Committee also refers to the Government’s statement in its report that the difficulties to collecting statistical data persist. It hopes that the Government will make an effort to collect, analyse and report on such information, including data on the participation of men and women in the public sector. The Committee also notes the Government’s request for technical assistant to support the training of staff assigned to the statistical department and hopes that it will be provided by the Office.