Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

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

Article 1 of the Convention. Discrimination on the grounds of sex. The Committee takes note of the 2007 activities report of the Institute for Equality of Women and Men (IEFH) which states that there were twice as many files of complaints in 2007 than in the previous year. Of the cases, 77 per cent concerned direct discrimination, and 15 per cent were lodged on grounds of intimidation or harassment. The majority of the complaints (53 per cent) referred to the workplace, in particular recruitment and selection procedures (42 per cent). According to the IEFH, this may primarily be attributed to the high number of litigations linked to pregnancy, confinement or maternity (15 per cent), confirming a trend that has already existed for a number of years. Concerned by the large number of litigations linked to pregnancy, confinement and maternity, the Committee requests the Government to provide information on the measures taken or envisaged to combat more effectively discrimination on grounds of sex, in particular discrimination linked to pregnancy or maternity. The Government is also asked to provide information on the number and nature of complaints dealt with by the IEFH.

Articles 2 and 3. Promoting equality between men and women in employment. The Committee notes the information in the Government’s report that the “Quo Vadis” project has been discontinued; 150 women participated in this project, and 82 per cent of them found work, of which 72 per cent were employed in posts traditionally held by males. A guide has been drawn up which describes the methodology developed, and this has been widely distributed. The Committee further notes the information in the 2007 activities report of the IEFH on the implementation of the 2005–07 action plan, and the information provided by the Government to the Committee on the Elimination of Discrimination against Women (CEDAW/C/BEL/Q/6/Add.1, 19 May 2008), demonstrating the many measures taken by the Government, in particular the IEFH, to combat discrimination on the grounds of sex and to promote gender equality. Noting the statistics published by the IEFH, according to which the horizontal and vertical segregation of women and men remains widespread and women are still underrepresented in posts of responsibility, the Committee requests the Government to continue providing detailed information on the activities carried out or envisaged to increase the participation of women in the sectors of employment where they are underrepresented, in particular in posts of responsibility, as well as on the impact of these measures.

Employment of women in the public service. With regard to the 2007 statistics on senior management posts in the federal public administration, the Committee notes that women account for only 14 per cent of these positions (15 per cent in the post of president, 16 per cent in the post of director-general and 14 per cent in the other senior management positions). The Committee reiterates its request to the Government to provide information on the implementation and measurable results of the 2005–07 action plan adopted by the Federal Public Services Personnel and Organization, especially with regard to meeting the one third representation target for women in senior public service posts.

Discrimination on grounds of race, colour or national extraction. The Committee notes that the “equality and diversity label” is designed to promote equality with respect to men and women, ethnic minorities, disabled and older persons, and to encourage greater diversity in the labour market. It notes that the “labelling process” is being evaluated, and that a system has been developed to take into account the expectations expressed by those concerned. The Committee also notes that the Centre for Equal Opportunities and the Fight against Racism (CECLR) has adopted a new strategic three-year plan for 2008–10 and that it establishes clear objectives and specific activities in the two areas in which the CELCR is competent, i.e. discrimination and migration. Moreover, the Committee notes that, according to the concluding observations of the United Nations Committee on Economic, Social and Cultural Rights, “despite the measures adopted ... to enhance its legal and institutional mechanisms aimed at combating racial discrimination, de facto discrimination against foreigners and persons belonging to ethnic and national minorities, in particular migrant workers and members of their families, members of the Muslim community and Roma, is still widespread among some sectors of the population, especially in the fields of employment ...” (E/C.12/BEL/CO/3, 4 January 2008). The Committee requests the Government to provide information on the impact of the “equality and diversity label”, as well as on the implementation and results of the CECLR action plan for 2008–10, in particular concerning racial discrimination in employment against foreigners and ethnic minorities. The Government is also asked to provide information on the implementation and results of the action plan for diversity to promote ethnic minorities in four industrial centres in Flanders. Finally, it is also asked to indicate other measures it might have taken to ensure that ethnic minorities have equal access to vocational guidance, training programmes and placement services in the private and public sectors.

Statistics. The Committee notes the Government’s statement that there is now a need for an appropriate follow-up to the work situation of foreigners and Belgians of foreign extraction which requires related statistics. It notes that the CECLR has proposed the setting up of a macro-socio-economic monitoring system (sector-based employment market analysis, occupational status and other characteristics of employment), based on nationality and national extraction, which is at present being examined by the Public Federal Service with a view to being implemented. The Committee welcomes the initiative of a socio-economic monitoring system based on nationality and national extraction, and requests the Government to provide information on its implementation.

Cooperation with the social partners. The Committee notes that the CECLR action plan for 2008–10 aims, in the area of employment, to encourage the use of a “diversity component” in current occupational agreements, and to incorporate such a component in future agreements (2009–10). It also envisages considerable cooperation with the social partners to ensure that collective agreements, including Collective Labour Agreement No. 38, should be non-discriminatory and promote diversity. The Committee requests the Government to provide infomation on the introduction of the “diversity component” in occupational agreements, as well as on the activities carried out by the CECLR, in collaboration with the social partners, to ensure that collective agreements are non-discriminatory.

Promoting equality in the granting of contracts involving public expenditure. The Committee notes from the IEFH report that, following the new Act of 12 January 2007 on gender mainstreaming, the concept of equal opportunity can be incorporated into the criteria applied for allocating and selecting of public works contracts. The IEFH indicates that it was recommended that whenever a public works contract was advertised, there should be a reference stating that enterprises failing to comply with social legislation, and more specifically in the area of equal opportunities, might be excluded. The Committee requests the Government to provide information on the impact of the Act of 12 January 2007, in practice, on the principle of equality between men and women in the granting of contracts involving public expenditure, in accordance with Paragraph 3(b)(ii) of the Discrimination (Employment and Occupation) Recommendation, 1958 (No. 111).

Complaints. As regards the work of social inspectors to combat discrimination on grounds of race, colour and ethnic extraction, as well as the promotion of equality at work, the Committee notes that, according to the Government, the supervisory body of social legislation (CLS) has not registered a spectacular rise in the number of complaints. It is for this reason that there are plans to increase collaboration with the CECLR. The Committee also notes that a Royal Order will appoint officials responsible for supervising the application of the three new Acts of 10 May 2007 designed to combat discrimination. Until this Royal Order has been adopted, the CLS can only serve as an information base. Furthermore, the Committee notes that the Government’s report does not contain information on the number and nature of the complaints submitted to the CECLR. The Committee requests the Government to provide information on the number and nature of complaints dealt with by the CECLR, the complaints on discrimination examined by the social inspectors, and the decisions handed down by the courts and other competent bodies in the area of discrimination in employment and occupation.