Demande directe (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

1. Articles 1 to 3 of the Convention. Insufficient information to assess the application of the Convention. The Committee notes that, for several years now, it has been raising similar issues in its comments and that, again this year, the Government’s brief report does not adequately reply to the Committee’s previous requests. In light of this fact, the Committee would like to offer some additional guidance on the points below to encourage the Government to prepare reports in the future that will allow the Committee to make a full and fair assessment of the progress made in the application of the Convention.

2. Article 1 of the Convention. Sexual harassment. The Committee recalls that the revision of the Penal Code by Act No. 04-15 of 10 November 2004 included a reference to sexual harassment in section 341bis. With reference to its 2002 general observation, the Committee reminds the Government that there are two types of sexual harassment that need to be addressed: quid pro quo harassment, which is reflected in the terms of section 341bis, and hostile work environment, involving conduct that creates an intimidating, hostile or humiliating work environment. It further reminds the Government that sexual harassment undermines equality at work by undermining the integrity, dignity and well-being of workers while at the same time damaging enterprises by weakening the bases upon which work relationships are built and by impairing productivity. In view of the negative impact of this practice on equality in employment and occupation, the Committee once again urges the Government to provide information on the measures adopted or under consideration to protect workers from sexual harassment due to a hostile working environment, and to prevent such harassment from taking place, as it is not covered under section 341bis. Such measures might include the development of educational or awareness-raising tools or cooperative activities with employers’ and workers’ organizations in addressing sexual harassment through workplace policies and collective agreements. The Committee further requests information on the practical application of section 341bis, including the number and outcomes of any cases brought before the court.

3. Article 2. Promotion of the principle of the Convention. The Committee recalls that the National Council for Women was officially constituted in March 2005. It notes from the additional information provided by the Ministry of Labour and Social Security that the Council is still in the process of defining its operational structure and preparing its programme of activities. The Committee reminds the Government that achieving favourable conditions for equality of opportunity and treatment is a ongoing endeavour. In this respect, a specialized agency, such as the National Council for Women, is particularly well placed to operate as a mechanism for policy formulation and review, in addition to promoting equal treatment and opportunity by carrying out studies, surveys and information activities. Such work would assist the Government in gaining a better understanding of the existing obstacles to achieving greater equality in employment along with determining the strategies that might best be adopted to overcome them. The Committee again expresses the hope that the Council will soon be able to begin its work and looks forward to receiving information in the Government’s next report on the Council’s activities as well as on the involvement of the social partners in promoting the principle of the Convention. The Committee further requests the Government to provide information on the activities of the Ministry for the Family and the Status of Women.

4. Article 5. Special measures of protection. For a number of years, the Committee has invited the Government to consider the possibility of reviewing the provisions relating to prohibiting night work for women or refraining from assigning women to work that is dangerous, insalubrious or harmful to their health. Such a review would help determine whether it is still necessary to prohibit access of women to certain occupations, in view of the improvement of working conditions and also changes in attitudes. Noting the Government’s prior indication that the protective measures are justified, as they allow women workers to harmonize their working lives with their family responsibilities, the Committee recalls that prohibitions applying only to women workers in the name of family responsibilities can effectively become a hindrance to equality in employment and a major cause of direct or indirect discrimination against women. Protective measures which protect the reproductive capacity of women are recognized as necessary for the achievement of substantive equality, whereas those aimed at protecting women generally because of their sex or gender, based on stereotypical perceptions of their capabilities and their appropriate role in society, can undermine equality of women in employment and occupation. The Committee, therefore, again asks the Government to carry out a review of the protective measures, in consultation with the social partners and in particular with women workers, regarding the continued need for such measures. If such measures are deemed to be appropriate in the light of the need to balance work and family responsibilities, they should be progressively extended to men, so that they no longer reduce women’s competitiveness in the labour market. The Committee asks the Government to indicate any progress in this regard in its next report.

5. Application of the Convention with respect to other grounds covered in Article 1(1)(a). The Committee notes that over the past years, the information submitted by the Government has focused largely on the issue of sex discrimination. The Committee reminds the Government that it is essential to give attention to all the grounds of discrimination under Article 1(1)(a), particularly since combating discrimination on the basis of sex often involves different approaches than those used to address equality on the basis of the other grounds listed in the Convention. The Government is again requested to provide information on the measures taken to promote equality of opportunity and treatment in employment and occupation in law and practice with respect to the grounds of race, colour, national extraction, religion, political opinion and social origin.