Demande directe (CEACR) - adoptée 1995, publiée 83ème session CIT (1996)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - Belgique (Ratification: 1977)

The Committee notes the information contained in the Government's reports and the attached documentation.

1. The Committee notes with interest the establishment, by the Royal Order of 15 February 1993, of the Council for Equality of Opportunity between Men and Women, which is responsible for contributing effectively to the elimination of any form of direct or indirect discrimination in respect of men and women and to the achievement of effective equality between men and women. For this purpose, the Council can draw up reports (particularly for the National Labour Council), carry out research, propose legal measures or regulations, and compile and disseminate information. The Committee also notes the opinions issued recently by the Council relating to the reconciliation of family life and professional life (opinion No. 1 of 27 June 1994); the genders of the names of jobs and occupations (opinion No. 2 of 9 December 1994); the evaluation of staff in the public services (opinion No. 3 of 31 March 1995); the participation of women in politics (opinion No. 4 of 12 May 1995); and the recommendation issued on 31 March 1995 respecting the reform of pensions for employees. The Committee wishes to receive information in future reports on the implementation of the various activities of the Council for Equality of Opportunity between Women and Men as set out in the Order by which it was established, and the effect given to the recommendations contained in the above opinions issued by the Council. It would be grateful to be provided with a copy of the report on the situation of women in Belgium submitted to the Fourth World Conference on Women, held in Beijing in September 1995, in the formulation of which the Council collaborated.

2. With regard to the feminization of the names of occupations, jobs, grades and titles, the Committee notes from the report that by virtue of the Decree of 21 June 1993 of the Council for the French Community, the feminization of names must be complied with in that region of the country. Feminine descriptions must be used in legislation, in all the administration's written texts, documents and agreements, in educational and training books and in job vacancies. For the Flemish community, a similar draft Decree is being prepared, as well as a list of feminized names of occupations and jobs. At the federal level, a linguistic code is also being developed in order to give a feminine version of the masculine names of occupations. The Committee would be grateful if the Government would provide information in its next report on the progress achieved in the process of feminizing the names of occupations, jobs, grades and titles at the federal level and in the Dutch-speaking and German-speaking parts of the country, with the object of facilitating the access of women to a broader range of occupations and jobs.

3. With regard to the issue of discrimination in job offers, the Committee notes with interest the publication of a brochure entitled "Job offers without discrimination", which is intended to assist anyone likely to prepare or disseminate advertisements of vacancies to comply with the legal requirements in this respect. In this connection, the Committee notes that section 21 of the Economic Reorientation Act of 4 August 1978 prohibits reference to the sex of the worker in job offers and advertisements relating to employment, or the inclusion of indications in such offers and announcements which, even without any explicit reference, indicate or suggest the sex of the worker, in public or private employment and for employees or the self-employed. The Committee requests the Government to provide information on the progress achieved in the total elimination of discrimination in job offers and announcements following the dissemination of this brochure and the implementation of the relevant provisions of the laws and regulations to which it refers.

4. The Committee notes the information concerning the positive action for the employment of women undertaken in the private sector, on the basis of the legislative provisions of 1987 relating to measures to promote equality of opportunity between men and women, as well as on the basis of the three latest inter-occupational agreements. It notes in particular that a number of sectors and enterprises have put into practice the commitment undertaken at the inter-occupational level by concluding collective labour agreements respecting the implementation of equality plans. The Committee requests information on the results of the evaluation that is currently being carried out, according to the report, of the implementation of plans for equality between men and women and the networks established to support them.

5. With regard to the public sector, the Committee notes that in 1993 a report was submitted to the federal Government, the governments of the communities and regions and the Common Public Service Committee by the commission responsible for general measures to support equal opportunities plans in public institutions. According to this report, at that time, approximately one national service out of two (ministries and public institutions) had developed an equal opportunities plan; that six services in the regions and communities were in the process of establishing such plans; and that at the provincial and local levels, one institution out of five had actually implemented a positive action plan. The Committee notes that a survey is being undertaken to evaluate the impact achieved through the implementation of such equality plans in public institutions. It also notes with interest that the Royal Order of 24 August 1994, to amend the Royal Order of 27 February 1990 introducing measures for the promotion of equality of opportunity between men and women in the public services, attributes certain facilities to those responsible for the implementation of positive action measures in order to enable them to carry out their functions more effectively. It requests the Government to keep it informed of developments in the situation with regard to the progressive implementation of equality plans in the public sector and of the results of the current evaluation of their impact.

6. With regard to sexual harassment at work, the Committee notes with interest that a series of legislative and practical measures have been adopted, including the enactment in March 1995 of a Royal Order organizing the protection of staff members against sexual harassment at the workplace in the administrations and other services of federal ministries, as well as in certain bodies of public interest; the training of labour inspectors and other persons concerned; the establishment at the end of 1994 of the Sexual Harassment Commission as a forum for dialogue for the prevention and adoption of an approach to combat sexual harassment; the establishment at the beginning of 1995 in the Flemish region of a complaints commission specialized in this field. The Committee would be grateful to receive information in future reports on the progress achieved in the implementation in public services of the measures set out in the Royal Order of March 1995 and on the activities of the two commissions that have recently been set up at the national and regional levels to prevent and combat sexual harassment at the workplace.

7. With regard to night work by women, the Committee notes the recommendation made on 9 January 1995 by the National Labour Council to the joint committees, concerning the promotion of the access of women to night work. It notes that, following an evaluation of the system of night work by the joint commissions, the National Council was to have issued an opinion in July 1995 proposing amendments to the regulations in force in order to abolish the discrimination that exists between men and women in this respect. The Committee would be grateful if the Government would keep it informed of developments in the situation in this respect.

8. The Committee notes the activities undertaken by trade union organizations to combat racism at the workplace. It also notes with interest that the Act of 12 April 1994, to amend the Act of 30 July 1981 respecting the repression of certain acts inspired by racism and xenophobia, has made a number of improvements to the 1981 Act, including: a clearer definition of discrimination; heavier sanctions; an extension of the application of the Act to social and labour matters; and the possibility for organizations of employers and workers to bring legal actions in the event of disputes concerning illegitimate discrimination in the field of labour and social law. The Committee would be grateful if the Government would provide information in the next report on the effect given in practice to this Act and its impact on the fight against discrimination in employment on the basis of race, colour and national origin. Please provide copies of court decisions which may have been handed down in respect of complaints submitted by the persons concerned or by workers' organizations, in accordance with the above Act.