Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

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

1. Article 1 of the Convention. Discrimination on the basis of sex. The Committee notes the statistics provided by the Government showing the persistence of sex-based occupational segregation in Belgium with women over-represented in health, social services and education and under-represented in trades, manufacturing and the private sector generally. Recalling its previous comment on this matter, the Committee again asks that the Government provide information on its Quo Vadis project to promote the employment of women in areas where they are under-represented and on the initiatives undertaken to promote equality at the enterprise level, such as through the Equality Awards. Please also continue to include statistical information on the position of women in the labour market according to occupational sectors showing, in particular, their level of responsibility. Furthermore, the Committee asks the Government to continue to provide information on the measures taken or envisaged to promote the equal participation of women in employment and occupation, particularly in the private sector and including in jobs of responsibility, as well as the impact of these measures.

2. The Committee notes that the Institute for Equality of Women and Men developed a strategic plan for 2005-07. It notes that this plan has five principle objectives including putting in place a service for managing complaints; developing and promoting tools for gender mainstreaming; preparing and implementing government decisions; improving statistical resources; and strengthening its institutional capacity. The Committee further notes that the “loi-programme” of 9 July 2004, which amended the Act of 25 February 2003 on discrimination, clarified that the Institute for Equality of Women and Men can intervene in cases where the application of the law is at issue. The Committee invites the Government to continue to provide information on the ongoing work of the Institute for Equality of Women and Men along with details of discrimination cases in which the Institute has intervened on questions of principle relating to the application of the Convention.

3. Sexual harassment. With regard to sexual harassment, the Committee understands that the Council of Ministers approved a proposal to modify the existing legal framework dealing with violence and moral or sexual harassment at work. The proposed changes are intended to: improve effective prevention in the workplace, deal with cases of harassment sooner; designate and train a person of trust within enterprises; and reduce potential abuses of the complaints procedure. Furthermore, the Committee notes that a study is currently under way to examine the role of the Institute for Equality of Women and Men in relation to the work of other government actors on the issue of sexual harassment and that this may lead to cooperation agreements between these bodies. The Committee invites the Government to provide information of the implementation of these proposed legislative changes in addition to the outcomes of the abovementioned study and to indicate what impact these and related measures have had towards preventing and effectively addressing sexual harassment.

4. Discrimination on the basis of race, colour or national extraction. The Committee notes the information in the Government’s report on the numerous activities carried out and resources produced by the Multicultural Enterprise Unit in the Ministry of Employment and Labour to promote equal treatment in the workplace. It notes, in particular, the training sessions and materials prepared to assist social inspectors in their work to prevent, detect and redress discriminatory practices. This follows upon the Act of 20 January 2003, under which inspectors were given new responsibilities with respect to implementing both the criminal and civil anti-discrimination provisions in the field of employment. In light of these training initiatives and considering the strengthened role of inspectors in matters of discrimination in employment, the Committee would welcome receiving information on the number of complaints of discrimination investigated by the social inspectors, the results of these investigations, along with information on the practical difficulties encountered in their efforts to enforce the principles of the Convention. Noting that the Centre for Equal Opportunities and the Fight against Racism was unable, at the time of reporting, to provide information on the number, nature and outcomes of complaints lodged, the Committee asks the Government to supply this information in its next report.

5. Further to the previous point, the Committee notes that, with the support of the Flemish Government, four industrial sectors adopted an action plan on diversity for ethnic minorities covering logistical support for vocational training and education, the creation of more places for trainees and free language courses along with company coaching on diversity plans. The Committee asks the Government to include information in its next report on the implementation and measurable outcomes of this action plan with respect to enhancing the employment opportunities of ethnic minorities in the workforce. Please also indicate what additional measures the Government has undertaken to ensure equal access of ethnic minorities to vocational guidance, training and placement services,  in both the private and public sectors.

6. Part-time work. The Committee notes from the statistics accompanying the Government’s report that the vast majority of workers in part-time employment are women. Recalling its previous comment with respect to the adoption of the Act of 5 March 2002 on non-discrimination of part-time workers and the Act of 5 June 2002 concerning non-discrimination of workers under fixed-term contracts, the Committee asks the Government to indicate in its next report what contribution these instruments have made in promoting equality of opportunity and treatment of women in the labour market.

7. Article 3(d). Employment in the public service. With regard to the representation of women in the federal public service (FPS), the Committee notes the action plan on diversity adopted by the FPS Personnel and Organisation (P&O) for 2005-07. It notes, in particular, the target set out in the action plan that would see women holding one-third of all senior FPS positions. The Committee asks the Government to provide additional information on the ratio of men and women in management positions in the federal public service. Noting that the permanent diversity unit of the FPS P&O has undertaken to promote and ensure the execution of this action plan, the Committee asks the Government to include information in its next report on the plan’s implementation and measurable results, especially with regard to meeting the one third representation target for women in senior public service posts.