Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Senegal (Ratification: 1967)

Article 1 of the Convention. Legislation. The Committee recalls that, pursuant to article 25 of the Constitution of 22 January 2001, “no one may be prejudiced in work by reason of his or her origins, sex, opinions, political choices or beliefs”. Furthermore, section L.1 of the Labour Code provides that “the State shall ensure equality of opportunity and treatment for citizens with regard to access to vocational training and employment, without distinction on the basis of origin, race, sex or religion”. Section L.29 of the Labour Code also provides that “it shall be prohibited for any employer to take into consideration affiliation to a trade union or the exercise of a trade union activity when making decisions with regard to recruitment, the performance and distribution of work, vocational training, promotion, remuneration and the granting of social benefits, disciplinary measures and dismissal”. The Committee notes that the above provisions do not cover all the grounds of discrimination prohibited by the Convention, as they omit national extraction and colour, and do not explicitly refer to social origin. The Committee further notes that the Constitution and the Labour Code do not provide a basis for ensuring protection against discrimination in all aspects of employment and occupation, that is regarding not only access to employment and the various occupations, but also access to vocational training and terms and conditions of employment. The Committee notes the Government’s indication that a bill on non-discrimination at work, amending and supplementing certain provisions of the Labour Code, has been drafted and is in the process of being adopted. The Committee requests the Government to ensure that the bill amending the Labour Code explicitly defines and prohibits direct and indirect discrimination on the basis of at least all the grounds listed in Article 1(1)(a) of the Convention, namely race, colour, sex, religion, political opinion, national extraction or social origin, and that all aspects of employment and occupation, including terms and conditions of employment, are covered. The Committee requests the Government to provide information on the progress made in the legislative process and to send a copy of the legal text, once it has been adopted.

Article 2. Equality of opportunity and treatment for men and women. In its previous comments, the Committee referred to the observations of the International Trade Union Confederation (ITUC) and the National Federation of Independent Trade Unions of Senegal (UNSAS), which emphasized the gender segregation in the labour market, the high rate of illiteracy among women and the low school enrolment rate of girls. It also noted the launching of the National Strategy on Gender Equality and Equity (SNEEG) in December 2007. The Committee notes with interest the measures taken by the Government to implement the SNEEG involving action from 13 ministries, technical and financial partners and civil society organizations in relation to women’s access to factors of production and financial resources, the reinforcement of the technical and managerial skills needed by women to carry on their economic activities, and the improvement of women’s living and working conditions, including lighting their domestic workload. The Committee notes the Government’s indication that the actions undertaken have generated specific improvements, such as diversification of women’s activities, improvement of their productive capacity in fishing, increased credit for women’s initiatives, strengthening of women’s technical capacities in various areas of vocational training, implementation of a project to support women entrepreneurs, improved access to drinking water and the construction of community childcare facilities. The Government also emphasizes that the increase in the number of women’s associations has enhanced women’s capacity for organization and action. The Committee encourages the Government to continue its efforts to improve the situation of women in employment and occupation and to ensure that women and men enjoy equality of opportunity and treatment. The Government is requested to continue providing information on the measures taken in this area and their results, particularly as regards access to resources and factors of production, the development of vocational training, the reinforcement of measures to lighten the work of women and services to provide care for children and senior citizens.

Specialized body. Noting that a preliminary draft decree regulating the structure and functioning of the “observatory on discrimination” is also being drafted, the Committee requests the Government to provide information on progress made in this respect and to send a copy of the text.

Statistics. In its previous comments, the Committee requested the Government to provide statistical information on the activity rates of men and women in the private and public sectors, as well as in the informal economy, and on their participation in vocational training. The Committee notes that the Government’s report does not contain any information on this matter and recalls that reliable and updated data are essential to identify any discrimination between men and women and to evaluate the measures adopted to overcome it. The Committee trusts that the Government will soon be in a position to provide such statistical data, and requests it to take the necessary measures for the compilation and analysis of such data relating to employment and training.