Demande directe (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - Comores (Ratification: 2004)

1. The Committee notes the Government’s first report on the application of the Convention. Noting that the report is very brief, the Committee requests the Government to provide full information in accordance with the report form, including information on the specific points raised below.

2. Article 1 of the Convention. Legislation. The Committee notes that the Constitution proclaims equality of rights and duties for all, without distinction based on sex, origin, race, religion or belief. It also notes the Government’s indication that Act No. 04-006/A.V of 10 November 2004 (“Public Service Statute”) guarantees equality of opportunity and treatment in employment and occupation. It also notes that section 2 of the Labour Code provides that all employers are prohibited from taking race, colour, sex, religion, political opinion, national extraction or social origin into account when making decisions concerning recruitment, employment, training, remuneration, social benefits, work assignments, disciplinary measures and dismissal. The Committee requests the Government to:

(a)   indicate the procedures available for bringing complaints in cases of discrimination in employment and occupation under the Constitution;

(b)   provide the text of the Public Service Statute and indicate the practical measures taken to ensure equality of opportunity and treatment in the public service;

(c)   indicate the measures taken by the competent authorities to ensure compliance with the Labour Code’s non-discrimination provision and to provide information on any cases of discrimination addressed through labour inspection or by the courts.

3. Inherent requirements of the job. The Committee notes the Government’s statement that in some areas of work preferences existed due to the nature of the work concerned, e.g. port workers were exclusively men. The Committee stresses that, under the Convention, distinctions, exclusions or preferences are only permitted if they are based on the inherent requirements of the job. Such exclusions must be determined on an objective basis and should take account of individual capacities. However, the Convention does not permit exclusions of women from certain posts or work merely because they are women on account of negative stereotypes. The Committee requests the Government to provide information on the measures taken to ensure that women are not excluded, in law or in practice, from certain types of work contrary to the principle of equality.

4. Article 2. National policy. The Government indicates that a national policy on gender equality is under preparation and that workers’ and employers’ organizations are being consulted in this regard. The Committee requests the Government to provide information on the progress made in adopting a national policy on gender equality and the steps taken to ensure that it contains measures for the promotion of gender equality in employment and occupation. Recalling that under Article 2 of the Convention the Government is required to adopt and implement a national policy to promote equality of opportunity and treatment in employment and occupation with a view to eliminating discrimination based on all the grounds listed in Article 1 of the Convention, the Committee asks the Government to provide information on measures taken to adopt and implement a national policy with regard to ensuring equality in employment and occupation, irrespective of the grounds of race, colour, religion, political opinion, national extraction and social origin.

5. Article 3(b). Awareness raising. The Committee stresses the importance of training and awareness raising as a means to promote better understanding and application of the principle of equality in employment and occupation. The Committee therefore requests the Government to indicate the measures taken to raise awareness of the principle of equality among relevant target groups, such as labour inspectors, judges, and workers’ and employers’ representatives, and also among the public at large.

6. Article 3(e). Vocational training and employment services. The Committee requests the Government to provide detailed information on how it ensures equality of opportunity and treatment in vocational training and guidance, as well as the provision of employment services, including job placement.

7. Article 5. Special measures. The Committee notes that section 120 of the Labour Code states that certain types of work prohibited for women are to be determined by separate legislation. The Committee requests the Government to provide the texts of the legislation determining the work that is prohibited for women.

8. Part V of the report form. The Committee requests the Government to provide statistical information on the position of men and women in the labour market, indicating the number of men and women in the different sectors, industries and occupations, as well as their distribution in management positions.