Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

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

The Committee notes the Government’s report and the attached documentation. It requests the Government to provide information in respect to the following points.

1. The Committee notes the project "Job+" which has been instrumental in assessing: (1) labour market segregation and (2) the impact on the employment of men and women of the various measures by the Government to reduce labour costs. The project also led to the preparation of an evaluation matrix to assess the impact of gender mainstreaming and the identification of shortcomings regarding the available statistics on women’s employment. Noting that the project found continuing segregation and insufficient data, the Committee would be grateful to receive information on any follow-up measures taken to the projects to reduce gender segregation and improve data collection.

2. The Committee further notes that the information provided on the Quo Vadis project which is aimed at developing a methodology for the integration of women in occupations and sectors typically occupied by men. The methodology has been tested during 2000, with the result that 77 per cent of the participating women had found employment in such occupations. The Committee asks the Government to provide further information on measures taken to promote the access of women to all occupations. Please provide a copy of the methodology developed through the Quo Vadis project and indicate the extent to which it is presently applied.

3. The Committee also notes the various initiatives to encourage enterprises to take positive action to promote equal opportunities, such as the Equality Award by the Ministry of Employment. Please continue to provide information on measures taken to promote equality at the enterprise level, including information on the instruments developed on the context of the Equality Award, namely the "Equality Checklist" and the "Equality Audit".

4. The Government is requested to provide with its next report updated statistical information on the position of women and men in the labour market, according to occupational sectors and levels of responsibility.

5. Noting the concerns expressed by the Committee on the Elimination of Racial Discrimination in its concluding observations of March 2002 (CERD/C/60/CO/2, paragraph 18) about the difficulties of access to employment of members of ethnic minorities, the Committee reiterates it previous request to the Government in this respect which reads as follows:

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.