Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

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

Article 1 of the Convention. Legislation. Protection of workers against discrimination. In its previous comments, the Committee emphasized that the Constitution (article 25) and the Labour Code (sections L.1 and L.29) do not cover all the prohibited grounds of discrimination set out in the Convention, as they omit national extraction and colour, and they do not refer explicitly to social origin, and accordingly do not provide protection against discrimination at all stages of employment and occupation. It requested 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 and that all stages of employment and occupation are covered. The Committee notes the Government’s indications in its report that the new Bill to amend the Labour Code clearly indicates that “discrimination is understood to mean any distinction, exclusion or preference based, among other grounds, on race, colour, age, sex, trade union activity, belonging to a religion, brotherhood or sect, political opinion, national extraction, ethnicity, social origin, disability, pregnancy, family situation, state of health, serological status, physical appearance, which has the effect of undermining or prejudicing equality of opportunity and treatment in employment and occupation. Discrimination is a practice which is prohibited in all its forms, both directly and indirectly”. The Government adds that the stages of administration and consultation of the social partners have been completed and that it is now for the legislative authority to adopt the Bill. While welcoming this information, the Committee expresses the firm hope that the Bill to amend the provisions of the Labour Code regarding discrimination will be adopted in the near future and requests the Government to continue providing information on the progress made in the legislative work in this regard.

Articles 1(1)(a) and 2. Discrimination based on sex and equality of opportunity and treatment for men and women. The Committee notes that the Government reaffirms its will to continue its efforts to improve the situation of women in employment and occupation, but notes that the report does not contain information on this subject. The Committee notes that, according to the National Survey of Employment in Senegal (second quarter of 2017) undertaken by the National Statistical and Demographic Agency, 39.7 per cent of the employed population was engaged in salaried employment (however, whereas 46.6 per cent of the employed men were engaged in salaried employment, the ratio is only at 30.5 per cent for women), and that unemployment affected women (17.8 per cent) more than men (8.1 per cent). Recalling that, in view of the predominance of women in low-paid work and that a national system of uniform minimum wages contributes to increasing the income of the lowest paid workers, this has an impact on the relationship between the wages of men and those of women and on reducing the remuneration gap between men and women, the Committee welcomes the increase of 44.8 per cent in the minimum wage on 1 June 2018 following an agreement between the trade unions and employers. The Committee further notes that a new National Strategy for Gender Equity and Equality (SNEEG) 2016–26 has been adopted. The SNEEG is targeted particularly at: improving the socio-cultural, political and economic environment through changes in perceptions of gender relations; ensuring the effective implementation of legislative provisions and regulations conducive to equality and equity through the revision and harmonization of the legislation with international conventions and the adoption of additional juridical measures to bring an end to discrimination; and ensuring the equitable access of men and women to economic conditions and opportunities, particularly through an improvement in the access of women to production factors and financial resources, the acquisition by women of technical and managerial capacities and the lightening of the domestic burden on women. The Committee notes that, at the institutional level, the General Secretariat established in ministries by Decree No. 2017-313 of 15 February 2017 includes the bodies and structures responsible for gender and equity and that, within the framework of the SNEEG, ministries are required to establish a “gender unit”. The Committee also notes that, in the report of the United Nations Working Group on the issue of discrimination against women in law and practice on its mission to Senegal (Supplement: comments by the State on the visit of the Working Group to Senegal from 7 to 17 April 2015), the Government states that a technical committee has been established to revise the legislative provisions and regulations which discriminate against women, under the authority of the Minister of Justice, and was established by Order No. 00936 of 27 January 2016 (A/HRC/32/44/Add.3, 13 June 2016, paragraphs 18–22). Welcoming all this information, which demonstrates a firm will to take action against discrimination against women and to promote genuine equality between men and women in employment and occupation, including with regard to access to and retention at school, the Committee requests the Government to provide information on the specific measures adopted for the implementation of the SNEEG and their outcome, particularly in relation to the development of vocational guidance and training for women in trades and fields traditionally reserved for men with a view to reducing occupational segregation, combating gender stereotypes and improving the access of women to land, credit and equipment. The Committee requests the Government to provide information on the recommendations made by the technical committee for the amendment of legislative provisions and regulations which discriminate against women, and on all the work on the legislation and regulations undertaken in this respect.

Specialized body. The Committee notes that, according to the report of the Working Group referred to above, the Ministry of Labour has prepared a Bill to amend the Labour Code which establishes within the Ministry of Labour a National Observatory responsible for promoting and coordinating policies and programmes to combat discrimination at work and a preliminary text of a Decree issuing the rules on the organization and operation of the Observatory. The Committee notes the Government’s indication in its report that the preparation of the draft Decree has been finalized and that it was approved by the social partners in the National Labour Advisory Council. It notes that the text has not yet been adopted and that its adoption will have to follow that of the envisaged amendment to the Labour Code on this point. The Committee requests the Government to provide information on the adoption of the Bill to amend the Labour Code and establish the National Observatory responsible for promoting and coordinating policies and programmes to combat discrimination at work and the Decree establishing the rules for the organization and operation of the Observatory. The Government is requested to provide a copy of these texts.