Observation (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Discrimination on the basis of colour. In reply to its previous comments regarding the absence of any reference to the ground of “colour” in the anti-discrimination provisions of the Labour Code, the Committee welcomes the draft law amending the Labour Code which completes the list of grounds of discrimination set out in section 8 of the Labour Code, particularly by adding “skin colour” and “HIV/AIDS infection”. The Committee, furthermore, underlines the Government’s indication that the elimination of discrimination in employment and occupation represents a “permanent priority” in elaborating and implementing legal standards; and in this regard, recalls the importance of including explicit references to at least all grounds enumerated in Article 1(1)(a) of the Convention in national legislation to promote the effective application of the Convention. With regard to the ground of discrimination based on HIV/AIDS infection, the Committee draws the Government’s attention to the importance of prohibiting discrimination based on real or perceived HIV/AIDS status, as foreseen in the HIV and AIDS Recommendation, 2010 (No. 200). Noting that the draft law has been submitted to Parliament for consideration, the Committee asks the Government to take the necessary steps to ensure there is an explicit prohibition of direct and indirect discrimination covering at least all grounds enumerated in the Convention, including colour, and hopes that the final text will include a prohibition of discrimination based on real or perceived HIV/AIDS status, in keeping with the HIV and AIDS Recommendation, 2010 (No. 200). Please also supply a copy of the amendment of the Labour Code once it has been adopted.

The Committee is raising other points in a request addressed directly to the Government.