Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Belgium (Ratification: 1977)

The Committee notes the Government’s report and the many attachments to it.

1.  The Committee notes with interest the reports requested in its previous direct request which were attached to the Government’s report. It notes the 1996‑97 report of the unit for affirmative action in the private sector which contains major promotional work on equality of opportunity for men and women and, in particular, many examples of good practice in this sphere that can be followed by employers. It also notes the report on the promotion of equality of opportunity between men and women in the civil service, establishing a number of targets for the future as well as measures that should be taken, including the study by groups of experts and the incorporation of the affirmative-action policy into personnel policy and training policy in the civil service. The Committee also notes the comparative report of the OPTIMA project and the interesting contributions of exchange of expertise at European, national and regional levels. It also notes with interest the publications in the context of the JUMP and TREMPLIN projects as effective promotional tools. The Committee wishes to continue to be informed of progress made in the campaign against discrimination based on sex and gender in access to employment and occupation.

2.  The Committee notes that according to the annual report of the Centre for Equal Opportunities and the Fight against Racism (CECLR) about 10 per cent of the complaints received by the Centre concern discrimination in employment. Furthermore, the report on Discrimination in access to employment on grounds of foreign origin: Case of Belgium (P. Arrijn, S. Feld and A. Nayer, ILO, 1998) also indicates a high incidence of discrimination in recruitment on the basis of ethnic origin, particularly with regard to young people of Moroccan origin. There seems to be difficulty in applying section 2bis of the Act of 30 July 1981 on the prevention of racial discrimination, introduced in 1994, which punishes discrimination in placement, vocational training, offer of employment, recruitment, execution of contracts and dismissal. One of the difficulties most frequently raised on this matter is the administration of proof of the discriminatory basis of the action denounced. The Committee requests the Government to provide information on the follow-up given to the proposals of the CECLR, suggesting in particular the adoption of regulations based on the legislation concerning equality between men and women. The Committee also requests the Government to supply information on the measures taken or envisaged to raise the awareness of potential employers and, in general, encourage active participation by the social actors in the campaign against racial discrimination in employment and to promote the conclusion of collective agreements such as the collective agreement of 7 May 1996 in the temporary work sector.