Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Algeria (Ratification: 1969)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Article 2 of the Convention. National equality policy. Promoting equality and combating discrimination on grounds covered in Article 1(1)(a). The Committee notes with interest the adoption of Act No. 20-05 of 28 April 2020 on preventing and combating discrimination and hate speech. It notes that this Act covers discrimination “based on sex, race, colour, descent, national or ethnic origin, language, geographic origin, disability or health condition” (section 2), but does not cover discrimination based on religion, political opinion and social origin. The Committee also notes that under sections 5 and 6 of Act No. 20-05, the State must develop a national strategy for the prevention of discrimination and hate speech, including through: (i) the implementation of education and training programmes to raise awareness and disseminate information; (ii) the dissemination of a human rights and equality culture; (iii) the foundation of a culture of tolerance, dialogue and acceptance of others; (iv) the adoption of mechanisms for oversight, warning and early detection of the causes of discrimination and hate speech; (v) information and awareness-raising on the dangers of discrimination and hate speech, and on the effects of their spread through the use of information and communication technologies; and (vi) the promotion of institutional cooperation. Lastly, it notes that sections 9 and 10 of the above Act provide for the establishment of a national observatory for the prevention of discrimination and hate speech, responsible in particular for: (i) proposing parts of the national strategy for the prevention of discrimination and hate speech and contributing to its implementation; (ii) detecting acts of discrimination and hate speech, and notifying the authorities concerned; (iii) informing the competent judicial authorities of acts of discrimination or hate speech brought to its knowledge; (iv) giving opinions or recommendations on any issue in this area; (v) periodically evaluating the legal instruments and administrative measures in the area, and their effectiveness; (vi) setting standards and methods to prevent discrimination and hate speech; (vii) formulating awareness-raising programmes, and organizing and coordinating information events on the dangers of discrimination and hate speech, and their effects on society; (viii) collecting and centralizing relevant data; (ix) preparing studies and research; (x) submitting any proposals that may simplify and improve the national normative framework in this area; and (xi) developing cooperation and information exchange with the various national and overseas institutions in this area. The Committee requests the Government to provide information on:

• (i)the measures taken or envisaged to extend the scope of Act No. 20-05 of 28 April 2020 on preventing and combating discrimination and hate speech to discrimination based on religion, political opinion and social origin;
• (ii)the measures implemented, within the framework of the national strategy for the prevention of discrimination and hate speech, to prevent and eradicate all forms of discrimination in employment and occupation based on all of the grounds listed in Article 1(1)(a) of the Convention, and to measure their impact on a regular basis (for example, through the prior definition of indicators of progress, measurable targets, deadlines and so forth); and
• (iii)the activities carried out by the national observatory for the prevention of discrimination and hate speech to prevent and combat all forms of discrimination in employment and occupation, based on all the grounds covered in Article 1(1)(a) of the Convention, and the impact of these activities. In this regard, the Committee also reiterates its request to the Government to indicate the way in which it ensures that workers, including migrant workers, are protected against any discrimination on the grounds of race, colour or national extraction in practice.

Promoting and ensuring the application of the Convention. The Committee notes the Government’s indication that the labour inspection services have not registered any violation relating to discrimination in employment and occupation. In this regard, the Committee reminds the Government that where no cases or complaints, or very few, are being lodged, this is likely to indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals (see 2012 General Survey on the fundamental Conventions, paragraph 870). The Committee requests the Government to continue to provide information on the inspections carried out by the labour inspectorate and on the complaints received by inspectors concerning discrimination in employment and occupation, and their outcome, and to specify the grounds concerned. It also once again requests the Government to provide information on:

• (i)all steps taken to inform and raise awareness among workers, employers and their respective organizations, and the general public, of the principles of non-discrimination and equality in employment and occupation; and
• (ii)any training provided to judges and labour inspectors on the detection and treatment of contraventions relating to the elimination of discrimination and the promotion of equality in employment and occupation.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Article 1 of the Convention. Protection against discrimination. Legislation. Private sector workers. For many years, the Committee has been emphasizing that:(i) section 6 of Act No. 90-11 of 21 April 1990 on labour relations is of a very general nature as it provides that workers are entitled to “protection against all discrimination regarding the occupation of a post other than distinctions made on the basis of their ability and merit”; (ii) section 17 of that Act does not cover all of the grounds of discrimination in employment and occupation listed by the Convention, as it targets only discrimination “based on age, sex, social or marital status, family relations, political beliefs [and] membership or non-membership of a trade union”; and (iii) section 17 does not provide for penalties for discriminatory conduct by the employer or any other person toward a worker in all aspects of work and employment (recruitment, promotion, dismissal and so forth). It merely provides that “any provision in a collective agreement or employment contract that may generate discrimination of any kind among workers regarding employment, remuneration or working conditions” is null and void. The Committee notes with deep regret that no legislative amendment of these provisions has been introduced to date. Emphasizing once again the importance of establishing a comprehensive protection mechanism for private sector workers against discrimination in employment and occupation, the Committee urges the Government to take all necessary measures, in cooperation with the workers’ and employers’ organizations, to ensure that: (i) sections 6 and 17 of Act No. 90-11 of 21 April 1990 explicitly prohibit all forms of direct or indirect discrimination, on at least all of the grounds listed in Article 1(1)(a) of the Convention, and all other grounds specified pursuant to Article 1(1)(b); and (ii) section 17 of the same Act prohibits discriminatory conduct by the employer or any other person toward a worker in all aspects of work and employment, including with regard to access to employment and the various occupations, promotions and dismissal.

Civil servants. For many years, the Committee has been emphasizing that section 27 of Ordinance No. 06-03 of 15 July 2006 issuing the General Conditions of Service of Civil Servants does not prohibit all of the grounds of discrimination listed in the Convention, as it provides only that “there must be no discrimination between civil servants on the basis of their opinions, sex, origin or any other personal or social circumstance”. It nevertheless notesthat, as indicated above, no legislative amendment has been introduced in this regard. Recalling the importance of implementing a comprehensive system to protect civil servants from discrimination in employment and occupation, the Committee once again urges the Government to take the necessary steps to ensure that section 27 of Ordinance No. 0603 of 15 July 2006 issuing the General Conditions of Service of Civil Servants explicitly prohibits all forms of direct or indirect discrimination, on at least all of the grounds listed in Article 1(1)(a) of the Convention and all other grounds specified pursuant to Article 1(1)(b)).

Article 1(1)(a). Discrimination based on sex. Sexual harassment. The Committee notes that Act No. 15-19 of 30 December 2015 introduced into the Criminal Code section 341 bis, under which “any person who abuses the authority conferred by his or her function or occupation, by giving orders to others, making threats, imposing constraints or by exerting pressure in order to obtain favours of a sexual nature, is considered to have committed the offence of sexual harassment and shall be punished by imprisonment of one to three years and a fine of 100,000 to 300,000 Algerian dinars. Anyone who harasses another person by any act, or words of a sexual nature or insinuation is also guilty of the offence stated in the previous clause and punishable by the same penalty”. The Committee recalls that criminal provisions are not completely adequate in discrimination cases because, inter alia, they do not always provide a remedy to the victim and are very unlikely to cover all forms of conduct that amount to sexual harassment. The Committee requests the Government to provide information on: (i) the number, nature and outcome of complaints filed on the basis of section 341 bis of the Criminal Code, and the penalties imposed; and (ii) the preventive and awareness-raising measures implemented, in cooperation with the employers’ and workers’ organizations, to combat sexual harassment in employment and occupation.

Articles 2 and 3. National policy. Equality of opportunity and treatment for men and women. For many years, the Committee has expressed serious concern regarding the low participation of women in the labour market and the persistence of strongly stereotyped attitudes with respect to the roles and responsibilities of women and men in society and in the family, both of which have a negative impact on women’s access to employment and training. The Committee notes that, according to the survey, “Activity, Employment and Unemployment” published by the Office for National Statistics (ONS) in May 2019, women’s activity rate remains quite low (17.3 per cent) and is still significantly lower than that of men (66.8 per cent). The same survey indicates that significant disparities can be noted with regard to sex, with 77.9 per cent of women in the workforce concentrated in the following sectors: health and social work (45.1 per cent), manufacturing industry (18.9 per cent), and public administration (13.9 per cent). The Committee also notes that the unemployment rate for women in 2019 was 20.4 per cent, while that for men was 9.1 per cent. Furthermore, it notes with concern that, according to the World Bank’s 2022 Algeria Economic Update, the number of women jobseekers who signed up with the National Employment Agency (ANEM) increased by 63 per cent in the first quarter of 2022. In this respect, the Committee emphasizes that, in its national report submitted to the universal periodic review (UPR) in September 2022, the Government states that measures taken to promote education and training for women have resulted in Algeria having one of the highest proportions of women graduates in the world at 48.5 per cent, thus ranking top in the 2018 United Nations Educational, Scientific and Cultural Organization (UNESCO) report. In this report, the Government also indicates that its action plan prioritizes measures to strengthen the economic integration of housewives and women living in rural areas (A/HRC/WG.6/41/DZA/1, paragraphs 106–107). The Committee requests the Government to provide detailed information on the measures taken or envisaged to: (i) implement the intersectoral programme to support the integration of rural women and housewives into the economy, referred to in the Government’s action plan for the implementation of the President’s programme of September 2021;(ii) combat the very high rate of unemployment for women compared with men; (iii) effectively combat vertical and horizontal occupational gender segregation, as well as gender bias and gender stereotypes concerning the vocational aspirations and capabilities of women and their suitability for certain jobs; and (iv) allow women and men workers to achieve a better balance between work and family responsibilities.

Article 5. Special protection measures. Work prohibited for women. For many years, the Committee has been drawing the Government’s attention to the need to review the provisions prohibiting night work for women, as well as those concerning the assignment of women to work that is dangerous, insalubrious or harmful to their health. It nevertheless notes with regret that no progress has been made in this regard. The Committee recalls that there has been a shift over time from a purely protective approach concerning the employment of women to one based on promoting genuine equality between men and women and eliminating discriminatory law and practice. The protection measures taken for women can be broadly divided into two categories: those aimed at protecting maternity in the strict sense, which come within the scope of Article 5, and those aimed at protecting women generally because of their sex or gender, based on stereotypical perceptions about their capabilities and appropriate role in society. This second category is contrary to the Convention and constitutes obstacles to the recruitment and employment of women (see the 2012 General Survey on the fundamental Conventions, paragraph 839). The Committee further recalls that it considers that provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health. Restrictions on women’s employment (“non-pregnant” and “non-nursing” women) are contrary to the principle of equality of opportunity and treatment for men and women, unless they are genuine protective measures put in place to protect their health. This protection must be determined on the basis of the results of a risk assessment showing that there are specific risks for women’s health and/or safety. Therefore, such restrictions, if any, have to be justified and based on scientific evidence and, when in place, have to be periodically reviewed in the light of technological developments and scientific progress to determine whether they are still necessary. The Committee further recalls that it may be necessary to examine what other measures, such as improved health protection of both men and women, adequate transportation and security, as well as social services, are necessary to ensure that women can access the types of employment concerned on an equal footing with men (see 2012 General Survey on the fundamental Conventions, paragraph 840). The Committee also emphasizes the need to adopt measures and to put in place facilities to enable workers with family responsibilities, particularly women who continue to bear the unequal burden of family responsibilities, to reconcile work and family responsibilities. The Committee therefore urges the Government to take the necessary steps to ensure that the special protection measures for women are limited to what is strictly necessary for maternity protection and do not constitute obstacles to the access of women to employment and to the various occupations. It also once again invites the Government to consider the possibility of taking support measures aimed at, inter alia, improving safety and health protection for men and women, and the availability of adequate transport services and social services, to enable women to access all types of employment on an equal footing with men. The Committee requests the Government to provide information on all provisions adopted in this regard.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Article 2 of the Convention. National equality policy. Promoting equality and combating discrimination on grounds other than sex established in Article 1(1)(a). The Committee recalls that the main obligation for States that have ratified the Convention is to declare and pursue a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation with a view to eliminating any discrimination in respect thereof. The Committee notes with regret that, despite its repeated requests, the Government has not provided any information on this matter. Referring to its observation, the Committee recalls that Act No. 90-11 of 21 April 1990 on labour relations does not prohibit discrimination on the grounds of race, colour or national extraction, and that the draft Bill issuing the Labour Code (October 2015 version) adds national extraction, but omits race and colour. The Committee draws the Government’s attention to the fact that the national equality policy that States are required to develop and pursue presupposes the adoption of a range of specific measures, often comprising a combination of legislative and administrative measures, collective agreements, public policies, affirmative action measures, dispute settlement and enforcement mechanisms, specialized bodies, practical programmes and awareness-raising activities. This policy must cover all the grounds of discrimination specified by the Convention and all workers. With regard to the increase in migration in recent years, the Committee would like to draw the Government’s attention to the fact that migrant workers are particularly vulnerable to prejudice and differences in treatment in the labour market on grounds such as race, colour and national extraction, which are often combined with other grounds such as sex and religion (see the 2012 General Survey on the fundamental Conventions, paragraphs 776 and 848–849). The Committee asks the Government to indicate the way in which it ensures that workers, including migrant workers, are protected against any discrimination on the grounds of race, colour or national extraction in practice. It once again urges the Government to provide information on the specific steps taken or envisaged, in collaboration with employers’ and workers’ organizations, to combat discrimination and promote equality in employment and occupation without any distinction on the basis of race, colour, national extraction, religion, political opinion or social origin.

Promoting and ensuring the application of the Convention. In the absence of information on this matter in the Government’s report, the Committee once again asks the Government to provide information on the inspections carried out by the labour inspectorate and the complaints received by inspectors with concerning discrimination in employment and occupation, and their outcome, and to specify the grounds concerned. It also asks the Government to provide information on: (i) all steps taken to inform and raise awareness among workers, employers and their respective organizations, and the general public, of the principles of non-discrimination and equality in employment and occupation; and (ii) any training provided to judges and labour inspectors on the detection and treatment of contraventions relating to equality, the elimination of discrimination and the promotion of equality in employment and occupation.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes the observations sent on 31 May 2015 by the General and Autonomous Confederation of Workers in Algeria (CGATA) on the draft Bill issuing the Labour Code and its impact on the application of the Convention.

Article 1 of the Convention. Protection against discrimination. Legislation. Private sector workers. For many years, the Committee has been emphasizing that section 17 of Act No. 90-11 of 21 April 1990 on labour relations does not cover all the grounds of discrimination in employment and occupation listed by the Convention, and does not address discriminatory conduct by the employer or any other person towards a worker in all aspects of employment (recruitment, promotion, dismissal, etc.). This is because section 17 only provides that “any provision in a collective agreement or employment contract that may generate discrimination” is null and void. The Committee also recalls the general nature of section 6 of Act No. 90-11, which provides that workers are entitled to “protection against all discrimination regarding the occupation of a post other than distinctions made on the basis of their ability and merit”. The Committee notes with regret that the Government’s report contains no further information concerning the protection of workers against discrimination. The Committee also notes that the proposed section 12 of the October 2015 version of the draft Bill issuing the Labour Code repeats the general provisions of section 6 of Act No. 90 11. However, the Committee welcomes the inclusion of a definition of discrimination in the proposed section 31, in accordance with the Convention, and of the grounds of national extraction, social origin and religious beliefs, as stipulated in Article 1(1)(a) of the Convention, and the ground of nationality, in accordance with Article 1(1)(b). It also welcomes the reference to direct and indirect discrimination, and notes that the proposed section 31 provides that “discrimination in employment and occupation is incompatible with the provisions of this Act”. Nevertheless, the Committee notes that reference is still made to “any provision in a collective agreement or employment contract”. The Committee considers that this does not cover discriminatory conduct or acts which do not result from the provisions of employment contracts or collective agreements. It also notes that the list of prohibited grounds of discrimination set out in the proposed section 31 omits the grounds of race and colour. While welcoming this progress, the Committee asks the Government to take the necessary steps to ensure that the future Labour Code explicitly prohibits all forms and acts of direct and indirect discrimination, on at least all of the grounds listed in Article 1(1)(a) of the Convention, including race and colour, and all other grounds specified pursuant to Article 1(1)(b), following consultation with the employers’ and workers’ organizations. It also asks that these provisions cover all aspects of employment and occupation, including particularly access to employment and occupation, and dismissal. The Committee asks the Government to provide information on any steps taken in this regard and on any progress made regarding the draft Bill issuing the Labour Code.

Civil servants. In its previous comments, the Committee noted that Ordinance No. 06-03 of 15 July 2006 issuing the General Conditions of Service of Civil Servants prohibits all discrimination towards civil servants “on the basis of their opinions, sex, origin or any other personal or social circumstance” (section 27) and asked the Government to consider including in the list of prohibited grounds of discrimination an explicit reference to political opinion, religion, race, colour, national extraction and social origin. The Committee notes with regret that the Government’s report contains no information in this regard. Emphasizing the importance of implementing a comprehensive system to protect civil servants from discrimination, and to allow them to exercise their rights effectively, the Committee once again asks the Government to take the necessary steps to expand the list of prohibited grounds of discrimination by making an explicit reference to all of the grounds listed in Article 1(1)(a) of the Convention.

Article 1(1)(a). Discrimination based on sex. Sexual harassment. The Committee welcomes the inclusion, in the proposed sections 56–59 of the draft Bill issuing the Labour Code (October 2015 version) of provisions that define both quid pro quo and hostile environment sexual harassment and protect against retaliation when an individual refuses to accede to harassment, and establishes disciplinary penalties. Nevertheless, the Committee draws the Government’s attention to the fact that these provisions do not expressly prohibit sexual harassment, but only victimization by the employer following sexual harassment. The Committee also notes the indication by the CGATA that the draft Bill issuing the Labour Code provides a protection against sexual harassment, but emphasizes that the penalties established by the proposed section 58 do not appear to apply to employers, because these are disciplinary penalties, the imposition of which is the employer’s responsibility. While welcoming this progress, the Committee trusts that the Government will introduce into the Labour Code provisions expressly prohibiting all forms of sexual harassment, and that it will establish sanctions that apply to all authors and provide for appropriate remedies. As to practical measures to prevent sexual harassment, the Committee asks the Government to provide information on any steps taken as part of the National Strategy for the Prevention of Violence against Women adopted in 2007, or in any other context specifically concerning work, in collaboration with the employers’ and workers’ organizations.

Articles 2 and 3. National policy. Equality of opportunity and treatment between men and women. For many years, the Committee has expressed serious concern regarding the low participation of women in employment and the persistence of strongly stereotyped attitudes with respect to the roles and responsibilities of women and men in society and in the family, both of which have a negative impact on women’s access to employment and training. The Committee notes that the Government once again recognizes in its report that the employment rate for women remains relatively low and that among other matters social constraints and personal choices affect progress and hinder the integration of a greater number of women into the labour market. The Committee notes the statistics provided by the Government which show that, between 2010 and 2014, the number of women in employment increased from 1,474,000 to 1,722,000 and that the rate of placement for women by the National Employment Agency rose from 7.64 per cent in 2013 to 8.84 per cent in 2014. It also notes the information provided by the Government on the steps taken to create employment opportunities by the National Youth Employment Agency and the Unemployment Insurance Fund (in 2014: potential jobs for women: 8,960 by the National Youth Employment Agency and 6,332 by the Unemployment Insurance Fund). It also notes the measures adopted towards the promotion of paid employment through a vocational integration scheme and placements on subsidized work contracts (in 2014: 60,432 women beneficiaries through the vocational integration scheme: 60,432 and 26,368 women though subsidized work contracts). The Committee notes, however, that the female labour force participation rate (18.1 per cent) and the rate of economically active women (16.8 per cent) remain low. While welcoming the action aimed at supporting self-employment and paid employment of women, the Committee notes the limited results achieved, despite the increasing qualification levels of women. It once again asks the Government to take steps to ensure that in addition to these employment policy measures, specific awareness-raising measures aimed at actively combating gender bias and sexist stereotypes concerning the vocational aspirations and capabilities of women and their suitability for certain jobs are adopted. The Committee also asks the Government to take steps towards implementing schemes to help both men and women workers achieve a better balance between work and family responsibilities. The Committee asks the Government to provide information on any evaluation of the National Strategy for the Integration and Promotion of Women (2010–14) and the associated National Action Plan (2010–14), and on the activities of the monitoring committee, as well as information on any measures taken to apply the Women Workers’ Charter, including the quota system applicable to positions of responsibility.

Article 5. Special protection measures. Work prohibited for women. The Committee notes that proposed section 583 of the draft Bill issuing the Labour Code makes it possible to exclude women from certain types of work by means of regulations, for the purpose of protecting their health. The Committee nevertheless draws the Government’s attention to the distinction to be drawn between special measures to protect maternity (in the broad sense), as envisaged in Article 5 of the Convention, and measures based on stereotypical perceptions of women’s capabilities and their role in society, which are contrary to the principle of equality of opportunity and treatment. The provisions relating to the safety and health of workers should provide for a safe and healthy environment for both men and women workers, while taking account of gender differences with regard to specific risks to their health. Moreover, with a view to repealing discriminatory protective measures applicable to women’s employment, it may be necessary to examine what other measures, such as improved health protection of both men and women, adequate transportation and security, as well as social services, are necessary to ensure that women can access these types of employment on an equal footing with men (see General Survey of 2012 on the fundamental Conventions, paragraphs 838–840). Consequently, the Committee once again asks the Government to ensure that the special measures for the protection of women are limited to that which is strictly necessary to protect maternity (in the broad sense), and that these provisions do not impede access for women to employment and occupation. It also invites the Government to consider the possibility of adopting accompanying measures aimed at, inter alia, improving health protection for men and women, security and the availability of adequate transport and social services to enable women to access all types of employment on an equal footing with men. The Committee asks the Government to supply information on any measures adopted in this regard.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee notes the indication in the Government’s report that the issue of sexual harassment has been thoroughly examined in the context of the draft Labour Code. It is the Committee’s understanding that sexual harassment in the workplace is considered as serious professional misconduct incurring disciplinary penalties, according to the internal rules of the workplace, regardless of any criminal prosecution. The Committee trusts that the future Labour Code will contain provisions that ensure full protection for workers against this serious form of discrimination, including protection against possible reprisals, and will explicitly define and prohibit all types of sexual harassment, namely both quid pro quo harassment and harassment in the form of conduct that creates a hostile or offensive working environment, and providing for appropriate penalties and compensation. With regard to practical measures to prevent and combat sexual harassment, the Committee requests the Government to supply information on any measures adopted or envisaged as part of the National Strategy for the Prevention of Violence against Women adopted in 2007, or in any other context specifically relating to work, in collaboration with employers’ and workers’ organizations.

Promoting equality and combating discrimination on the basis of criteria other than sex set out in Article 1(1)(a). Referring to its observation and recalling that Act No. 90-11 of 21 April 1990 concerning labour relations does not prohibit discrimination based on race, colour, religion or national extraction, the Committee requests the Government to indicate the manner in which workers are protected against any discrimination based on these grounds in practice. It urges the Government to provide information on the measures adopted or envisaged to combat discrimination and promote equality in employment and occupation without any distinction on the basis of race, colour, national extraction, religion, political opinion or social origin, in collaboration with employers’ and workers’ organizations.

Promoting and ensuring the application of the Convention. The Committee again requests the Government to provide information on the inspections carried out by the labour inspection services and the complaints received by inspectors in relation to equality in employment and occupation, and their outcome, with an indication of the grounds of discrimination concerned. Please provide information on: (i) any measures adopted with a view to providing information and raising the awareness of workers, employers and their organizations and also the general public with regard to the principles of non-discrimination and equality in employment and occupation; and (ii) any training provided to judges and labour inspectors concerning the detection and treatment of infringements relating to equality, the elimination of discrimination and the promotion of equality in employment and occupation.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 1(a) of the Convention. Grounds of discrimination. Legislation. For several years the Committee has been emphasizing that section 17 of Act No. 90-11 of 21 April 1990 concerning labour relations – which stipulates that any provision in a collective agreement or employment contract that can generate discrimination among workers with regard to employment, remuneration or conditions of work on the basis of age, sex, social or marital status, family ties, political convictions, membership or non-membership of a union, is null and void – does not cover all the grounds of discrimination in employment and occupation enumerated in the Convention. The Committee recalls the general nature of section 6 of Act No. 90-11, which provides that workers are entitled to protection against all discrimination regarding the occupation of a post other than distinctions made on the basis of their ability and merit. The Committee wishes to emphasize that these provisions do not make it possible to detect discriminatory conduct by the employer or any other person towards a worker at all stages of employment (recruitment, promotion, dismissal, etc.). With regard to the public service, Ordinance No. 06-03 of 15 July 2006 issuing the General Conditions of Service of Public Servants prohibits discrimination towards public servants on the basis of their opinions, sex, origin or any other personal or social circumstance (section 27). The Government indicates that the concerns expressed by the Committee regarding the grounds of discrimination have been examined and taken into account in the context of the draft Labour Code, which is being finalized. It also states that discrimination is non-existent in practice in the country. Recalling that no country is free from discrimination, the Committee requests the Government to take the necessary steps to ensure that the future Labour Code explicitly prohibits discrimination, on at lease all of the grounds enumerated in the Convention, including race, colour, religion and national extraction, and that it covers all stages of employment and occupation, including access to vocational training, access to employment and to particular occupations, and also terms and conditions of employment. The Committee also requests the Government to consider including in the list of prohibited grounds of discrimination covered by the General Conditions of Service of Public Servants an explicit reference to political opinion, religion, race, colour, national extraction and social origin.

Articles 2 and 3. National policy. Discrimination on the basis of sex and promotion of equality between men and women. For many years the Committee has expressed serious concern at the low participation of women in employment and the persistence of strongly stereotyped attitudes with respect to the roles and responsibilities of women and men in society and in the family, and it has also emphasized the negative impact of these attitudes on women’s access to employment and training. The Committee notes the Government’s acknowledgement that the rate of employment for women remains relatively low and that sociological influences, personal choices and other social obstacles make it difficult for a greater number of women to enter the workplace. It also notes that, according to the Government’s report, the impact of projects to create economic activities on women’s employment is relatively weak and has not met expectations. The Committee welcomes the adoption of a number of measures aimed at improving the status of women and their role in society and the world of work and at increasing their participation in managerial and decision-making posts (see the “Beijing+20” national report from the Ministry for National Solidarity, the Family and Women). In particular, it notes the adoption of the National Strategy for the Integration and Promotion of Women (2008–14) and its National Plan of Action (2010–14) and also the setting up of a monitoring committee; the drawing up by representatives of various ministries, trade unions and associations in February 2014 of a Women Workers’ Charter, which includes a programme aimed at achieving greater autonomy for women through employment and provides in particular for the establishment of a quota system for managerial posts; and the strengthening of employment support programmes particularly for women (creation of micro-enterprises, microcredit, social integration of graduates, neighbourhood projects in rural areas, etc.). However, the Committee notes that the economic activity rate for women remains particularly low (16.3 per cent in April 2014, according to the National Statistics Office) and that it is only changing slowly despite the high rate of school enrolment for girls and the significant proportion of women graduates. In addition, 61.9 per cent of working women are employed in the non-commercial public sector. The Committee encourages the Government to continue and intensify its efforts to promote women’s employment at all levels, particularly in the private sector, and throughout the country, including in rural areas. It requests the Government to adopt practical measures against gender bias and stereotypes relating to the aspirations and capabilities of women and their suitability for certain jobs and to enable men and women workers to reconcile work and family responsibilities, and to supply information on the impact of these measures, including statistics on the situation of men and women in employment in both the public and private sectors. The Government is also requested to provide information on any follow-up action to the Women Workers’ Charter, including the quota system, and on its impact.

Article 5. Special protection measures. The Committee again recalls that, when provisions relating to protective measures for women are reviewed, a distinction should be made between special measures to protect maternity, as envisaged in Article 5, and measures based on stereotypical views of women’s capabilities and their role in society, which are contrary to the principle of equality of opportunity and treatment. The Committee once again requests the Government to ensure that, in the future Labour Code, occupational safety and health provisions take into account the need to provide a safe and healthy environment for both men and women workers, while taking into account gender differences with regard to specific risks in terms of health, and to ensure that these provisions do not obstruct the access of women to employment and to particular occupations. The Government is also requested to ensure that the special measures for the protection of women are limited to what is strictly necessary to protect maternity and to provide information on any measures taken in this regard.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

Repetition

Promoting and ensuring the application of the Convention. The Committee notes that the Government’s report does not contain information on the application of the Convention in practice and it once again requests it to provide information on any court decisions relating to the application of the Convention. Please also provide information on the inspections carried out by the labour inspection services and the complaints received by inspectors in relation to equality in employment and occupation, and their outcome, with an indication of the grounds of discrimination concerned. The Committee once again requests the Government to provide information on any measures adopted with a view to improving knowledge and understanding of the rights afforded to workers by the Convention and on any training provided to judges and labour inspectors concerning the elimination of discrimination and the promotion of equality in employment and occupation.

Statistics. The Committee requests the Government to provide statistical data on the situation of men and women in employment in the public and private sectors, where possible by sector and occupational category, disaggregated by sex, ethnic origin and religion.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes that the Government’s report contains no reply to its previous comments. It is therefore bound to repeat its previous observation, which read as follows:

Repetition

Legislation. Grounds of discrimination. ... Noting that the draft Labour Code is still being prepared, the Committee once again urges the Government to take this opportunity to ensure that the provisions of the new Labour Code respecting prohibited grounds of discrimination also include race, colour, religion and national extraction and that they cover all stages of employment and occupation. The Committee requests the Government to provide information on the progress achieved in the revision of the labour legislation and on any measures adopted or envisaged for the amendment of the general conditions of service of the public service to ensure that the prohibition of discrimination explicitly covers as a minimum all the grounds enumerated in the Convention.

Sexual harassment. ... Drawing the Government’s attention once again to its 2002 general observation, the Committee hopes that the new Labour Code will ensure complete protection against sexual harassment by prohibiting those quid pro quo sexual harassment and harassment due to a hostile working environment, and it requests the Government to provide information on this subject. The Committee once again requests the Government to provide information on the measures taken in practice to prevent and combat sexual harassment in employment and occupation, including information on any education and awareness-raising campaigns and on the organization of activities in collaboration with employers’ and workers’ organizations.

Articles 2 and 3 of the Convention. National policy. Discrimination based on sex and the promotion of equality between men and women. The Committee recalls that for several years it has been expressing deep concern at the low participation rate of women in employment and at the persistence of strongly stereotyped attitudes with respect to the roles and responsibilities of women and men in society and in the family, and has been emphasizing the negative impact of these attitudes on the access of women to employment and training. The Committee notes that, according to the information provided by the Government on the application of the Equal Remuneration Convention, 1951 (No. 100), that women represented 15.1 per cent of the employed population in the fourth quarter of 2010 (16.09 per cent in 2006). ... Recalling that the participation of women in the labour market remains very low, the Committee urges the Government to take practical measures to promote and ensure equality of opportunity and treatment for women in all aspects of employment and occupation, including measures intended to combat sexist attitudes and prejudices, as well as proactive measures, particularly in relation to education and vocational training, with a view to overcoming inequalities in practice that affect women and to increasing their opportunities of gaining access to quality jobs. It requests the Government to provide information on any measures taken in this respect and up-to-date statistical data on the situation of men and women in employment in the public and private sectors, where possible by sector or occupational category.

Promoting equality and combating discrimination based on criteria other than sex set out in Article 1(1)(a). For many years the Committee has been requesting the Government to provide information on the measures adopted to promote equality of opportunity and treatment in employment and occupation in law and practice without any distinction based on the criteria enumerated by the Convention other than sex. The Committee once again notes that the Government’s report does not contain any information on this subject. Recalling that Act No. 90-11 on labour relations does not prohibit discrimination based on race, colour, religion or national extraction, the Committee requests the Government to indicate the manner in which workers are protected against any discrimination based on these grounds in practice. It urges the Government to provide information on the measures adopted or envisaged to combat discrimination and promote equality in employment and occupation without distinction on the grounds of race, colour, national extraction, religion, political opinion or social origin, in collaboration with employers’ and workers’ organizations.

Article 5. Special protection measures. For a number of years the Committee has been drawing the Government’s attention to the importance of reviewing the provisions prohibiting night work for women, as well as those respecting the assignment of women to work that is hazardous, unhealthy or harmful to their health. It also recalled that, when reviewing these provisions, a distinction should be made between special measures to protect maternity, as envisaged in Article 5, and measures based on stereotyped perceptions of the capacity and role of women in society, which are contrary to the principle of equality of opportunity and treatment. The Committee notes the Government’s indication that its comments will be taken into account when drawing up the new Labour Code. Recalling that the objective is to repeal discriminatory measures applicable to the employment of women, the Committee considers that it would undoubtedly be necessary to examine which other measures, such as to improve the health protection of all workers, safety and adequate transport, the availability of social services to improve the sharing of family responsibilities which would be necessary to enable women to benefit from the same opportunities of men in terms of access to employment. The Committee requests the Government to ensure that, in the context of the review of the labour legislation, occupational safety and health provisions take into account the need to provide a safe and healthy environment for both men and women workers, while taking into account the differences which mean that they are exposed to specific risks in terms of health, and to ensure that they are not an obstacle to the access of women to employment and to the various occupations. It also requests the Government to ensure that the measures for the protection of women are limited to what is strictly necessary to protect maternity and requests it to provide information on any measures adopted to amend the legislation along these lines.

The Committee is raising other points in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Promoting and ensuring the application of the Convention. The Committee notes that the Government’s report does not contain information on the application of the Convention in practice and it once again requests it to provide information on any court decisions relating to the application of the Convention. Please also provide information on the inspections carried out by the labour inspection services and the complaints received by inspectors in relation to equality in employment and occupation, and their outcome, with an indication of the grounds of discrimination concerned. The Committee once again requests the Government to provide information on any measures adopted with a view to improving knowledge and understanding of the rights afforded to workers by the Convention and on any training provided to judges and labour inspectors concerning the elimination of discrimination and the promotion of equality in employment and occupation.

Statistics. The Committee requests the Government to provide statistical data on the situation of men and women in employment in the public and private sectors, where possible by sector and occupational category, disaggregated by sex, ethnic origin and religion.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Legislation. Grounds of discrimination. In its previous comments, the Committee emphasized that Act No. 90-11 on labour relations prohibits any provision in an agreement, collective agreement or employment contract which gives rise to discrimination in employment, remuneration or working conditions on grounds of age, sex, social or marital situation, family relations, political convictions and membership or not of a trade union and that the general conditions of service of the public service prohibit any discrimination among public employees on the grounds of their opinions, sex, origin and any other personal or social condition. The Committee recalls that where effect is given to the Convention by the national legislation, it has to cover at least all the grounds enumerated in Article 1(1)(a) of the Convention. Noting that the draft Labour Code is still being prepared, the Committee once again urges the Government to take this opportunity to ensure that the provisions of the new Labour Code respecting prohibited grounds of discrimination also include race, colour, religion and national extraction and that they cover all stages of employment and occupation. The Committee requests the Government to provide information on the progress achieved in the revision of the labour legislation and on any measures adopted or envisaged for the amendment of the general conditions of service of the public service to ensure that the prohibition of discrimination explicitly covers as a minimum all the grounds enumerated in the Convention.

Article 1 of the Convention. Sexual harassment. In its previous comments the Committee noted that section 341bis of the Penal Code only appears to cover quid pro quo sexual harassment. The Committee notes the Government’s indications that the draft Labour Code will contain provisions defining sexual harassment and measures to prevent and combat it. Drawing the Government’s attention once again to its 2002 general observation, the Committee hopes that the new Labour Code will ensure complete protection against sexual harassment by prohibiting those quid pro quo sexual harassment and harassment due to a hostile working environment, and it requests the Government to provide information on this subject. The Committee once again requests the Government to provide information on the measures taken in practice to prevent and combat sexual harassment in employment and occupation, including information on any education and awareness-raising campaigns and on the organization of activities in collaboration with employers’ and workers’ organizations.

Articles 2 and 3. National policy. Discrimination based on sex and the promotion of equality between men and women. The Committee recalls that for several years it has been expressing deep concern at the low participation rate of women in employment and at the persistence of strongly stereotyped attitudes with respect to the roles and responsibilities of women and men in society and in the family, and has been emphasizing the negative impact of these attitudes on the access of women to employment and training. The Committee notes that, according to the information provided by the Government on the application of the Equal Remuneration Convention, 1951 (No. 100), that women represented 15.1 per cent of the employed population in the fourth quarter of 2010 (16.09 per cent in 2006). It further notes the Government’s reference in its report on the application of the Convention to article 31bis of the Constitution, adopted in the context of the constitutional reform in 2008, under the terms of which “the State shall take measures to promote the political rights of women by increasing their opportunities of gaining access to representative functions in elected assemblies”. While noting these constitutional provisions, the Committee recalls that the Convention requires the application of a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation, which includes the adoption and implementation of legislative and administrative measures, public policies, proactive measures to overcome inequalities in practice and of practical programmes and awareness-raising activities to combat stereotypes and prejudices with a view to eliminating discrimination in all aspects of employment and occupation. Recalling that the participation of women in the labour market remains very low, the Committee urges the Government to take practical measures to promote and ensure equality of opportunity and treatment for women in all aspects of employment and occupation, including measures intended to combat sexist attitudes and prejudices, as well as proactive measures, particularly in relation to education and vocational training, with a view to overcoming inequalities in practice that affect women and to increasing their opportunities of gaining access to quality jobs. It requests the Government to provide information on any measures taken in this respect and up-to-date statistical data on the situation of men and women in employment in the public and private sectors, where possible by sector or occupational category.

Promoting equality and combating discrimination based on criteria other than sex set out in Article 1(1)(a). For many years the Committee has been requesting the Government to provide information on the measures adopted to promote equality of opportunity and treatment in employment and occupation in law and practice without any distinction based on the criteria enumerated by the Convention other than sex. The Committee once again notes that the Government’s report does not contain any information on this subject. Recalling that Act No. 90-11 on labour relations does not prohibit discrimination based on race, colour, religion or national extraction, the Committee requests the Government to indicate the manner in which workers are protected against any discrimination based on these grounds in practice. It urges the Government to provide information on the measures adopted or envisaged to combat discrimination and promote equality in employment and occupation without distinction on the grounds of race, colour, national extraction, religion, political opinion or social origin, in collaboration with employers’ and workers’ organizations.

Article 5. Special protection measures. For a number of years the Committee has been drawing the Government’s attention to the importance of reviewing the provisions prohibiting night work for women, as well as those respecting the assignment of women to work that is hazardous, unhealthy or harmful to their health. It also recalled that, when reviewing these provisions, a distinction should be made between special measures to protect maternity, as envisaged in Article 5, and measures based on stereotyped perceptions of the capacity and role of women in society, which are contrary to the principle of equality of opportunity and treatment. The Committee notes the Government’s indication that its comments will be taken into account when drawing up the new Labour Code. Recalling that the objective is to repeal discriminatory measures applicable to the employment of women, the Committee considers that it would undoubtedly be necessary to examine which other measures, such as to improve the health protection of all workers, safety and adequate transport, the availability of social services to improve the sharing of family responsibilities which would be necessary to enable women to benefit from the same opportunities of men in terms of access to employment. The Committee requests the Government to ensure that, in the context of the review of the labour legislation, occupational safety and health provisions take into account the need to provide a safe and healthy environment for both men and women workers, while taking into account the differences which mean that they are exposed to specific risks in terms of health, and to ensure that they are not an obstacle to the access of women to employment and to the various occupations. It also requests the Government to ensure that the measures for the protection of women are limited to what is strictly necessary to protect maternity and requests it to provide information on any measures adopted to amend the legislation along these lines.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

Article 2 of the Convention. Promotion of equality between men and women. The Committee notes that the proportion of employed women rose from 13.96 per cent in 2003 to 16.09 per cent in 2006. The Committee notes that, according to the Government’s report, this development is the result of action taken by the public authorities and the social partners for the implementation of the national policy for the promotion of women and that economic growth offers greater employment opportunities. The Committee also notes that the National Council for the Family and Women has adapted its objectives to developments in the socio-economic context. The Committee observes that the new composition of the Council includes, in addition to representatives of ministerial departments and public institutions, universities, researchers and representatives of national associations. The Committee hopes that the Council will be in a position, on the basis on this new dynamic, to engage in its activities without delay. The Committee once again hopes that the National Council for the Family and Women will participate actively in the identification of obstacles which prevent the achievement of greater equality in employment and in the determination of new strategies to give full effect to the Convention. The Committee requests the Government to provide detailed information on the implementation of the national policy for the promotion of women, with particular reference to the measures adopted, in collaboration with the social partners, to ensure that the job opportunities arising out of economic growth allow greater participation by women in all sectors of the economy, as well as in managerial positions and positions of responsibility. The Committee reiterates the request that it has been making to the Government for several years to provide information on the activities that are currently being undertaken or are envisaged by the National Council for the Family and Women. The Committee once again requests the Government to provide information on the activities of the Ministry for the Family and the Status of Women.

Promotion of equality in relation to the other criteria covered by
Article 1(1)(a). Noting that the Government has not provided information on all the grounds of discrimination enumerated in Article 1(1)(a), of the Convention, the Committee once again requests the Government to provide information on the measures adopted to promote equality of opportunity and treatment in employment and occupation, in law and in practice, without any discrimination on grounds of race, colour, national extraction, religion, political opinion or social origin.

Promoting and ensuring the application of the Convention. Courts of law. Labour inspection. The Committee notes that no cases of discrimination have been brought before the courts. The Committee draws the Government’s attention to the fact that this situation does not necessarily imply the absence of discrimination and that it could be an indicator of the absence of effective procedures to resolve cases of discrimination and lack of knowledge of the rights and remedies available through the law in relation to equality. The Committee requests the Government to continue to provide information on any court decisions relating to the application of the Convention. The Committee asks the Government to provide information on the inspections and activities carried out by the labour inspectorate relating to the application of the provisions of the Convention and the promotion of equality in employment and training. The Committee also requests the Government to provide information on all the measures adopted to improve knowledge and understanding of the rights afforded to workers by the Convention and on the training provided to judges and labour inspectors relating to the application of the principles of the Convention.

Part V of the report form. Statistics. The Committee notes that the National Statistical Office carries out labour market surveys on a regular basis. The Committee emphasizes the importance of such statistical data so that the Government and the Committee can assess more effectively the progress achieved in the application of the Convention and the challenges which are still to be addressed. The Committee requests the Government to provide, in so far as possible, statistical data disaggregated by sex, race, ethnic origin and religion.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report contains no reply to its previous comments. It is therefore bound to repeat its previous observation, which raised the following matters:

Legislative developments. The Committee notes that section 27 of the general conditions of service of the public service, enacted in 2006, prohibits any discrimination among public employees on the grounds of their opinions, sex, origin and any other personal or social condition. The Committee also notes that section 17 of Act No. 90-11 on labour relations prohibits any provision in an agreement, collective agreement or employment contract which gives rise to discrimination in employment, remuneration or working conditions on grounds of age, sex, social or marital situation, family relations, political convictions and membership or not of a trade union. The Committee is aware that the labour legislation is under revision. The Committee urges the Government to seize the opportunity of the formulation of the new Labour Code to ensure that the new provisions of the Code prohibit discrimination at all stages of employment and occupation on all the grounds set out in the Convention, including those not covered by the 1990 labour legislation, namely race, colour, religion and national extraction. The Committee requests the Government to provide information on the progress achieved in the revision of the labour legislation. The Committee invites the Government to provide a copy of the draft Labour Code to the International Labour Office before the adoption of the final text so that it can assist the Government in its efforts to guarantee the application of the principles of the Convention in the new legislation.

Article 1 of the Convention. Sexual harassment. In its previous comments, the Committee noted that section 341bis of the Penal Code only appears to cover quid pro quo sexual harassment. The Committee recalls that there are two types of sexual harassment that need to be addressed by legislation, quid pro quo sexual harassment and sexual harassment due to a hostile working environment, which takes the form of an intimidating, hostile or humiliating work environment. For further guidance, the Committee draws the Government’s attention to its 2002 general observation on this subject. The Committee reminds the Government that sexual harassment at work undermines the dignity and well-being of workers, as well as enterprise productivity and the basis of the working relationship. In view of the serious consequences of these practices, the Committee hopes the new Labour Code will ensure complete protection against sexual harassment by prohibiting quid pro quo sexual harassment and harassment due to a hostile work environment, and it requests the Government to provide information in this respect. The Committee also requests the Government to provide information on the measures adopted with a view to preventing sexual harassment and protecting workers against it in employment and occupation, including information on any education and awareness raising campaigns and the organization of activities in collaboration with employers’ and workers’ organizations.

Articles 2 and 3. National policy. Discrimination based on sex. In its previous comments, the Committee expressed concern at the low participation of women in employment and the persistence of strongly stereotyped attitudes with respect to the roles and responsibilities of women and men in society and in the family. The Committee also emphasized the negative impact of these attitudes on the access of women to employment and training. The Committee notes the Government’s indication that the applicable training and qualification programmes are not restrictive or discriminatory on the ground of sex and that the choice of subjects for training is an individual matter. The Committee draws the Government’s attention to the fact that in practice there are two forms of discrimination in access to training. Discrimination may be a result of laws or regulations which give rise to direct discrimination or, more frequently, practices based on stereotypes mainly related to the role of women in society. As a consequence, and in order to give full effect to the provisions of the Convention, it is necessary, firstly, to adopt legislation that is in conformity with the principle of equality and, secondly, to accompany this legislation with proactive measures through which de facto inequalities affecting women can be corrected. The Committee once again requests the Government to take urgent and proactive measures to further its national policy to promote equality of opportunity and treatment for women in respect of employment and occupation, including efforts to address stereotyped attitudes, and to provide information any progress in this respect. The Committee once again requests the Government to provide information on the measures adopted or envisaged to facilitate and encourage the access of women and girls to more diversified vocational training opportunities, including those leading to traditionally male occupations, so as to afford them greater opportunities to enter the labour market.

Article 5. Special protection measures. For a number of years, the Committee has been urging the Government to give its attention to the importance of reviewing the provisions prohibiting night work for women, as well as the assignment of women to work that is dangerous, insalubrious or harmful to their health. The Committee considers that, when reviewing these provisions, a distinction should be made between special measures to protect maternity and measures based on stereotyped perceptions of the capacity and role of women in society. The Committee draws the Government’s attention to the fact that all other measures intended to protect women on the sole grounds of their sex may seriously undermine the principle of equality of treatment and opportunity. The Committee requests the Government to provide information on the revision of the labour legislation with regard to night work by women and their assignment to hazardous, insalubrious or harmful types of work. The Committee requests the Government to ensure that, in the context of the new Labour Code, the restrictions relating to the access of women to certain types of work are limited to maternity protection and it requests the Government to keep it informed on this point.

The Committee is raising other points in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 2 of the Convention. Promotion of equality between men and women. The Committee notes that the proportion of employed women rose from 13.96 per cent in 2003 to 16.09 per cent in 2006. The Committee notes that, according to the Government’s report, this development is the result of action taken by the public authorities and the social partners for the implementation of the national policy for the promotion of women and that economic growth offers greater employment opportunities. The Committee also notes that the National Council for the Family and Women has adapted its objectives to developments in the socio-economic context. The Committee observes that the new composition of the Council includes, in addition to representatives of ministerial departments and public institutions, universities, researchers and representatives of national associations. The Committee hopes that the Council will be in a position, on the basis on this new dynamic, to engage in its activities without delay. The Committee once again hopes that the National Council for the Family and Women will participate actively in the identification of obstacles which prevent the achievement of greater equality in employment and in the determination of new strategies to give full effect to the Convention. The Committee requests the Government to provide detailed information on the implementation of the national policy for the promotion of women, with particular reference to the measures adopted, in collaboration with the social partners, to ensure that the job opportunities arising out of economic growth allow greater participation by women in all sectors of the economy, as well as in managerial positions and positions of responsibilities. The Committee reiterates the request that it has been making to the Government for several years to provide information on the activities that are currently being undertaken or are envisaged by the National Council for the Family and Women. The Committee once again requests the Government to provide information on the activities of the Ministry for the Family and the Status of Women.

Promotion of equality in relation to the other criteria covered by
Article 1(1)(a). Noting that the Government has not provided information on all the grounds of discrimination enumerated in Article 1(1)(a), of the Convention, the Committee once again requests the Government to provide information on the measures adopted to promote equality of opportunity and treatment in employment and occupation, in law and in practice, without any discrimination on grounds of race, colour, national extraction, religion, political opinion or social origin.

Promoting and ensuring the application of the Convention. Courts of law. Labour inspection. The Committee notes that no cases of discrimination have been brought before the courts. The Committee draws the Government’s attention to the fact that this situation does not necessarily imply the absence of discrimination and that it could be an indicator of the absence of effective procedures to resolve cases of discrimination and lack of knowledge of the rights and remedies available through the law in relation to equality. The Committee requests the Government to continue to keep it informed of any court decisions relating to the application of the Convention. The Committee asks the Government to provide information on the inspections and activities carried out by the labour inspectorate relating to the application of the provisions of the Convention and the promotion of equality in employment and training. The Committee also requests the Government to provide information on all the measures adopted to improve knowledge and understanding of the rights afforded to workers by the Convention and on the training provided to judges and labour inspectors relating to the application of the principles of the Convention.

Part V of the report form. Statistics. The Committee notes that the National Statistical Office carries out labour market surveys on a regular basis. The Committee emphasizes the importance of such statistical data so that the Government and the Committee can assess more effectively the progress achieved in the application of the Convention and the challenges which are still to be addressed. The Committee requests the Government to provide, in so far as possible, statistical data disaggregated by sex, race, ethnic origin and religion.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Legislative developments. The Committee notes that section 27 of the general conditions of service of the public service, enacted in 2006, prohibits any discrimination among public employees on the grounds of their opinions, sex, origin and any other personal or social condition. The Committee also notes that section 17 of Act No. 90-11 with respect to labour relations prohibits any provision in an agreement, collective agreement or employment contract which gives rise to discrimination in employment, remuneration or working conditions on grounds of age, sex, social or marital situation, family relations, political convictions and membership or not of a trade union. The Committee further notes that the Labour Code is currently under revision. The Committee urges the Government to take advantage of the opportunity of the formulation of the new Labour Code to ensure that the new provisions of the Labour Code prohibit discrimination at all stages of employment and occupation on all the grounds set out in the Convention, including those not covered by the 1990 Labour Code, namely race, colour, religion and national extraction. The Committee requests the Government to provide information on the progress achieved in the revision of the Labour Code. The Committee invites the Government to provide a copy of the draft Labour Code to the International Labour Office before the adoption of the final text so that it can assist the Government in its efforts to guarantee the application of the principles of the Convention in the new legislation.

Article 1 of the Convention. Sexual harassment. In its previous comments, the Committee noted that section 341bis of the Penal Code only appears to cover quid pro quo harassment. The Committee recalls that there are two types of sexual harassment that need to be addressed by legislation, quid pro quo harassment and sexual harassment due to a hostile working environment, which takes the form of an intimidating, hostile or humiliating work environment. For further guidance, the Committee draws the Government’s attention to its 2002 general observation on this subject. The Committee reminds the Government that sexual harassment at work undermines the dignity and well-being of workers, as well as enterprise productivity and the basis of the working relationship. In view of the serious consequences of these practices, the Committee hopes the new Labour Code will ensure complete protection against sexual harassment by prohibiting quid pro quo sexual harassment and harassment through a hostile work environment, and it requests the Government to keep it informed in this respect. The Committee requests the Government to provide information on the measures adopted with a view to preventing sexual harassment and protecting workers against it in employment and occupation, including information on education and awareness‑raising campaigns and the organization of activities in collaboration with employers’ and workers’ organizations.

Articles 2 and 3. Discrimination based on sex. National policy. In its previous comments, the Committee expressed concern at the low participation of women in employment and the persistence of strongly stereotyped attitudes with respect to the roles and responsibilities of women and men in society and in the family. The Committee also emphasized the negative impact of these attitudes on the access of women to employment and training. The Committee notes the Government’s indication that the applicable training and qualification programmes are not restrictive or discriminatory on the ground of sex and that the choice of subjects for training is an individual matter. The Committee draws the Government’s attention to the fact that in practice there are two forms of discrimination in access to training. Discrimination may be a result of laws or regulations which give rise to direct discrimination or, more frequently, practices based on stereotypes mainly related to the role of women in society. As a consequence, and in order to give full effect to the provisions of the Convention, it is necessary, firstly, to adopt legislation that is in conformity with the principle of equality and, secondly, to accompany this legislation with proactive measures through which de facto inequalities affecting women can be corrected. The Committee once again requests the Government to take urgent and proactive measures to further its national policy to promote equality of opportunity and treatment for women in respect of employment and occupation, including efforts to address stereotyped attitudes, and to keep the Committee informed of any progress in this respect. The Committee once again requests the Government to provide information on the measures adopted or envisaged to facilitate and encourage the access of women and girls to more diversified vocational training opportunities, including those leading to traditionally male occupations, so as to afford them greater opportunities to enter the labour market.

Article 5. Special protection measures. For a number of years, the Committee has been urging the Government to give its attention to the importance of reviewing the provisions prohibiting night work for women, as well as the assignment of women to work that is dangerous, insalubrious or harmful to their health. The Committee notes that, when reviewing these provisions, a distinction should be made between special measures to protect maternity and measures based on stereotyped perceptions of the capacity and role of women in society. The Committee draws the Government’s attention to the fact that all other measures intended to protect women on the sole grounds of their sex may seriously undermine the principle of equality of treatment and opportunity. The Committee requests the Government to provide information on the revision of the Labour Code with regard to night work by women and their assignment to hazardous, insalubrious or harmful types of work. The Committee requests the Government to ensure that, in the context of the new Labour Code, the restrictions relating to the access of women to certain types of work are limited to maternity protection and it requests the Government to keep it informed on this point.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Article 2 of the Convention. Promotion of equality between men and women. The Committee notes that the proportion of employed women rose from 13.96 per cent in 2003 to 16.09 per cent in 2006. The Committee notes that, according to the Government’s report, this development is the result of action taken by the public authorities and the social partners for the implementation of the national policy for the promotion of women and that economic growth offers greater employment opportunities. The Committee also notes that the National Council for the Family and Women has adapted its objectives to developments in the socio-economic context. The Committee observes that the new composition of the Council includes, in addition to representatives of ministerial departments and public institutions, universities, researchers and representatives of national associations. The Committee hopes that the Council will be in a position, on the basis on this new dynamic, to engage in its activities without delay. The Committee once again hopes that the National Council for the Family and Women will participate actively in the identification of obstacles which prevent the achievement of greater equality in employment and in the determination of new strategies to give full effect to the Convention. The Committee requests the Government to provide detailed information on the implementation of the national policy for the promotion of women, with particular reference to the measures adopted, in collaboration with the social partners, to ensure that the job opportunities arising out of economic growth allow greater participation by women in all sectors of the economy, as well as in managerial positions and positions of responsibilities. The Committee reiterates the request that it has been making to the Government for several years to provide information on the activities that are currently being undertaken or are envisaged by the National Council for the Family and Women. The Committee once again requests the Government to provide information on the activities of the Ministry for the Family and the Status of Women.

2. Promotion of equality in relation to the other criteria covered by Article 1, paragraph 1(a). Noting that the Government has not provided information on all the grounds of discrimination enumerated in Article 1, paragraph 1(a), of the Convention, the Committee once again requests the Government to provide information on the measures adopted to promote equality of opportunity and treatment in employment and occupation, in law and in practice, without any discrimination on grounds of race, colour, national extraction, religion, political opinion or social origin.

3. Promoting and ensuring the application of the Convention. Courts of law. Labour inspection. The Committee notes that no cases of discrimination have been brought before the courts. The Committee draws the Government’s attention to the fact that this situation does not necessarily imply the absence of discrimination and that it could be an indicator of the absence of effective procedures to resolve cases of discrimination and lack of knowledge of the rights and remedies available through the law in relation to equality. The Committee requests the Government to continue to keep it informed of any court decisions relating to the application of the Convention. The Committee asks the Government to provide information on the inspections and activities carried out by the labour inspectorate relating to the application of the provisions of the Convention and the promotion of equality in employment and training. The Committee also requests the Government to provide information on all the measures adopted to improve knowledge and understanding of the rights afforded to workers by the Convention and on the training provided to judges and labour inspectors relating to the application of the principles of the Convention.

4. Part V of the report form. Statistics. The Committee notes that the National Statistical Office carries out labour market surveys on a regular basis. The Committee emphasizes the importance of such statistical data so that the Government and the Committee can assess more effectively the progress achieved in the application of the Convention and the challenges which are still to be addressed. The Committee requests the Government to provide, in so far as possible, statistical data disaggregated by sex, race, ethnic origin and religion.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Legislative developments. The Committee notes that section 27 of the general conditions of service of the public service, enacted in 2006, prohibits any discrimination among public employees on the grounds of their opinions, sex, origin and any other personal or social condition. The Committee also notes that section 17 of Act No. 90-11 with respect to labour relations prohibits any provision in an agreement, collective agreement or employment contract which gives rise to discrimination in employment, remuneration or working conditions on grounds of age, sex, social or marital situation, family relations, political convictions and membership or not of a trade union. The Committee further notes that the Labour Code is currently under revision. The Committee urges the Government to take advantage of the opportunity of the formulation of the new Labour Code to ensure that the new provisions of the Labour Code prohibit discrimination at all stages of employment and occupation on all the grounds set out in the Convention, including those not covered by the 1990 Labour Code, namely race, colour, religion and national extraction. The Committee requests the Government to provide information on the progress achieved in the revision of the Labour Code. The Committee invites the Government to provide a copy of the draft Labour Code to the International Labour Office before the adoption of the final text so that it can assist the Government in its efforts to guarantee the application of the principles of the Convention in the new legislation.

2. Article 1 of the Convention. Sexual harassment. In its previous comments, the Committee noted that section 341bis of the Penal Code only appears to cover quid pro quo harassment. The Committee recalls that there are two types of sexual harassment that need to be addressed by legislation, quid pro quo harassment and sexual harassment due to a hostile working environment, which takes the form of an intimidating, hostile or humiliating work environment. For further guidance, the Committee draws the Government’s attention to its 2002 general observation on this subject. The Committee reminds the Government that sexual harassment at work undermines the dignity and well-being of workers, as well as enterprise productivity and the basis of the working relationship. In view of the serious consequences of these practices, the Committee hopes the new Labour Code will ensure complete protection against sexual harassment by prohibiting quid pro quo sexual harassment and harassment through a hostile work environment, and it requests the Government to keep it informed in this respect. The Committee requests the Government to provide information on the measures adopted with a view to preventing sexual harassment and protecting workers against it in employment and occupation, including information on education and awareness‑raising campaigns and the organization of activities in collaboration with employers’ and workers’ organizations.

3. Articles 2 and 3. Discrimination based on sex. National policy. In its previous comments, the Committee expressed concern at the low participation of women in employment and the persistence of strongly stereotyped attitudes with respect to the roles and responsibilities of women and men in society and in the family. The Committee also emphasized the negative impact of these attitudes on the access of women to employment and training. The Committee notes the Government’s indication that the applicable training and qualification programmes are not restrictive or discriminatory on the ground of sex and that the choice of subjects for training is an individual matter. The Committee draws the Government’s attention to the fact that in practice there are two forms of discrimination in access to training. Discrimination may be a result of laws or regulations which give rise to direct discrimination or, more frequently, practices based on stereotypes mainly related to the role of women in society. As a consequence, and in order to give full effect to the provisions of the Convention, it is necessary, firstly, to adopt legislation that is in conformity with the principle of equality and, secondly, to accompany this legislation with proactive measures through which de facto inequalities affecting women can be corrected. The Committee once again requests the Government to take urgent and proactive measures to further its national policy to promote equality of opportunity and treatment for women in respect of employment and occupation, including efforts to address stereotyped attitudes, and to keep the Committee informed of any progress in this respect. The Committee once again requests the Government to provide information on the measures adopted or envisaged to facilitate and encourage the access of women and girls to more diversified vocational training opportunities, including those leading to traditionally male occupations, so as to afford them greater opportunities to enter the labour market.

4. Article 5. Special protection measures. For a number of years, the Committee has been urging the Government to give its attention to the importance of reviewing the provisions prohibiting night work for women, as well as the assignment of women to work that is dangerous, insalubrious or harmful to their health. The Committee notes that, when reviewing these provisions, a distinction should be made between special measures to protect maternity and measures based on stereotyped perceptions of the capacity and role of women in society. The Committee draws the Government’s attention to the fact that all other measures intended to protect women on the sole grounds of their sex may seriously undermine the principle of equality of treatment and opportunity. The Committee requests the Government to provide information on the revision of the Labour Code with regard to night work by women and their assignment to hazardous, insalubrious or harmful types of work. The Committee requests the Government to ensure that, in the context of the new Labour Code, the restrictions relating to the access of women to certain types of work are limited to maternity protection and it requests the Government to keep it informed on this point. 

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

1. Articles 1 to 3 of the Convention. Insufficient information to assess the application of the Convention. The Committee notes that, for several years now, it has been raising similar issues in its comments and that, again this year, the Government’s brief report does not adequately reply to the Committee’s previous requests. In light of this fact, the Committee would like to offer some additional guidance on the points below to encourage the Government to prepare reports in the future that will allow the Committee to make a full and fair assessment of the progress made in the application of the Convention.

2. Article 1 of the Convention. Sexual harassment. The Committee recalls that the revision of the Penal Code by Act No. 04-15 of 10 November 2004 included a reference to sexual harassment in section 341bis. With reference to its 2002 general observation, the Committee reminds the Government that there are two types of sexual harassment that need to be addressed: quid pro quo harassment, which is reflected in the terms of section 341bis, and hostile work environment, involving conduct that creates an intimidating, hostile or humiliating work environment. It further reminds the Government that sexual harassment undermines equality at work by undermining the integrity, dignity and well-being of workers while at the same time damaging enterprises by weakening the bases upon which work relationships are built and by impairing productivity. In view of the negative impact of this practice on equality in employment and occupation, the Committee once again urges the Government to provide information on the measures adopted or under consideration to protect workers from sexual harassment due to a hostile working environment, and to prevent such harassment from taking place, as it is not covered under section 341bis. Such measures might include the development of educational or awareness-raising tools or cooperative activities with employers’ and workers’ organizations in addressing sexual harassment through workplace policies and collective agreements. The Committee further requests information on the practical application of section 341bis, including the number and outcomes of any cases brought before the court.

3. Article 2. Promotion of the principle of the Convention. The Committee recalls that the National Council for Women was officially constituted in March 2005. It notes from the additional information provided by the Ministry of Labour and Social Security that the Council is still in the process of defining its operational structure and preparing its programme of activities. The Committee reminds the Government that achieving favourable conditions for equality of opportunity and treatment is a ongoing endeavour. In this respect, a specialized agency, such as the National Council for Women, is particularly well placed to operate as a mechanism for policy formulation and review, in addition to promoting equal treatment and opportunity by carrying out studies, surveys and information activities. Such work would assist the Government in gaining a better understanding of the existing obstacles to achieving greater equality in employment along with determining the strategies that might best be adopted to overcome them. The Committee again expresses the hope that the Council will soon be able to begin its work and looks forward to receiving information in the Government’s next report on the Council’s activities as well as on the involvement of the social partners in promoting the principle of the Convention. The Committee further requests the Government to provide information on the activities of the Ministry for the Family and the Status of Women.

4. Article 5. Special measures of protection. For a number of years, the Committee has invited the Government to consider the possibility of reviewing the provisions relating to prohibiting night work for women or refraining from assigning women to work that is dangerous, insalubrious or harmful to their health. Such a review would help determine whether it is still necessary to prohibit access of women to certain occupations, in view of the improvement of working conditions and also changes in attitudes. Noting the Government’s prior indication that the protective measures are justified, as they allow women workers to harmonize their working lives with their family responsibilities, the Committee recalls that prohibitions applying only to women workers in the name of family responsibilities can effectively become a hindrance to equality in employment and a major cause of direct or indirect discrimination against women. Protective measures which protect the reproductive capacity of women are recognized as necessary for the achievement of substantive equality, whereas those aimed at protecting women generally because of their sex or gender, based on stereotypical perceptions of their capabilities and their appropriate role in society, can undermine equality of women in employment and occupation. The Committee, therefore, again asks the Government to carry out a review of the protective measures, in consultation with the social partners and in particular with women workers, regarding the continued need for such measures. If such measures are deemed to be appropriate in the light of the need to balance work and family responsibilities, they should be progressively extended to men, so that they no longer reduce women’s competitiveness in the labour market. The Committee asks the Government to indicate any progress in this regard in its next report.

5. Application of the Convention with respect to other grounds covered in Article 1(1)(a). The Committee notes that over the past years, the information submitted by the Government has focused largely on the issue of sex discrimination. The Committee reminds the Government that it is essential to give attention to all the grounds of discrimination under Article 1(1)(a), particularly since combating discrimination on the basis of sex often involves different approaches than those used to address equality on the basis of the other grounds listed in the Convention. The Government is again requested to provide information on the measures taken to promote equality of opportunity and treatment in employment and occupation in law and practice with respect to the grounds of race, colour, national extraction, religion, political opinion and social origin.

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

The Committee notes that the Government’s brief report along with the supplementary document provided by the Ministry of Labour and Social Security do not fully respond to the questions raised in the Committee’s earlier comments. The Committee hopes that the report supplied to the Committee for examination at its next session will contain full information on the matters raised in its previous observation.

1. Discrimination on the basis of religion. The Committee noted in its previous comments the Government’s confirmation that constitutional articles referring to fundamental rights of the population, read together, guarantee protection against religious discrimination. Noting that the Government has yet to provide specific information on these provisions, the Committee asks for copies of all judicial decisions concerning these provisions along with information on the measures taken or envisaged to prevent and eliminate religious discrimination in employment and occupation.

2. Discrimination on the basis of sex. The Committee notes the promotional events undertaken by the President of Algeria, as well as by the General Union of Algerian Workers, aimed at fighting discrimination and advancing the role of women in society and the economy. The Committee recalls the Government’s earlier statement that, in practice, women were still confronted with discrimination in employment resulting from stereotypes that exist regarding a woman’s place in society. It also recalls that these attitudes were reflected in the lack of access to non-traditional vocational training opportunities for girls and women, further hindering equality of access to employment. Noting that women still accounted for only 15 per cent of the workforce in 2005, the Committee continues to express its concern regarding the persistence of strong stereotypical attitudes with respect to the roles and responsibilities of women and men in the family and in society and their serious impact on the employment and vocational training opportunities of women in practice. The Committee, therefore, again urges the Government to take urgent and proactive measures to further its national policy to promote equality of opportunity and treatment of women in respect of employment and occupation, including efforts to address stereotypical attitudes, and to keep the Committee informed of any progress in this regard. It also requests the Government to provide information on measures taken or envisaged to facilitate and encourage access of women and girls to more diversified vocational training opportunities, including those leading to traditionally male occupations, so as to afford them a greater chance of entry into the labour market.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. Article 1 of the Convention. Sexual harassment. The Committee notes that the Penal Code has been revised by Act No. 04-15 of 10 November 2004 to include a reference to sexual harassment. Section 341bis of the Code provides that "any person who harasses someone by giving orders, using threats, imposing constraints and exercising serious pressure to obtain favours of a sexual nature by abusing the authority given by his or her functions, shall be punished with imprisonment of two months to one year and with a fine of 50,000 to 100,000 DA". With reference to its 2002 general observation, the Committee recalls the importance of taking measures to address sexual harassment in order to promote equality of opportunity and treatment in employment and occupation. The Committee notes that there are two types of sexual harassment that need to be addressed: quid pro quo harassment, which is reflected in the terms of section 341bis, and hostile work environment, involving conduct that creates an intimidating, hostile or humiliating work environment. The Committee requests the Government to provide information on any measures to protect workers from sexual harassment due to a hostile working environment, and to prevent such harassment, as it is not covered under section 341bis. The Committee also requests information on the practical application of section 341bis, including regarding the number and outcomes of any cases brought before the court.

2. The Committee notes with interest that section 39 of the Family Code, providing for the duty of the wife to obey her husband, has been repealed by Act No. 05-02 of 27 February 2005. The Committee notes that this is an important step towards the promotion of gender equality in respect of employment and occupation.

3. Article 2. Promotion of the principle of the Convention. The Committee notes from the Government’s report on the Equal Remuneration Convention, 1951 (No. 100), that the National Council for Women, created by Executive Decree No. 97-98 in 1997, was officially constituted on 8 March 2005 and is currently defining its operational structure and preparing its programme of activities. The Committee expresses the hope that the Council will soon be able to begin its work. The Committee reiterates its request to supply in the next report a copy of the most recent report of this body and to provide information on its activities, including regarding tripartite involvement to promote the principle of the Convention. The Committee further requests the Government to provide information on the activities of the Ministry for the Family and the Status of Women.

4. Article 5. Special measures of protection. For a number of years, the Committee has invited the Government to consider the possibility of reviewing the provisions relating to prohibiting night work of women or refraining from assigning women to work that is dangerous, insalubrious or harmful to the health. Such a review would help to determine whether it would still be necessary to prohibit access of women to certain occupations, in view of the improvement of working conditions and also changes in attitudes. Noting the Government’s indication that the protective measures are justified as they allow women workers to harmonize their working lives with their family responsibilities, the Committee recalls that certain measures taken for women workers because of family responsibilities can effectively become a hindrance to equality in employment and a major cause of direct or indirect discrimination against women. The Committee requests the Government to carry out a review of the protective measures, in consultation with the social partners and in particular with women workers, regarding the continued need for such measures. If such measures are deemed to be appropriate in the light of the need to balance work and family responsibilities, they should be progressively extended to men, so that they no longer reduce women’s competitiveness in the labour market. The Committee requests the Government to indicate any progress in this regard in its next report.

5. Application of the Convention with respect to other grounds covered in Article 1(1)(a). The Government is requested to provide information on the measures taken to promote equality of opportunity and treatment in employment and occupation in law and practice with respect to the grounds of race, colour, national extraction, religion, political opinion and social origin.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

1. Discrimination on the basis of religion. The Committee noted in its previous comments the Government’s confirmation that constitutional articles referring to fundamental rights of the population, read together, guarantee protection against religious discrimination. The Committee had requested specific information on these provisions, which has not yet been provided. The Committee, therefore, urges the Government to provide copies of all court decisions concerning these provisions and to indicate any measures taken or envisaged to prevent and eliminate the occurrence of religious discrimination in employment and occupation.

2. Discrimination on the basis of sex. In its previous comments, the Committee noted that the Decrees on part-time work (No. 97-473 of 8 December 1997) and on homeworkers (No. 97-474 of 8 December 1997) had contributed to the improvement of the employment conditions of these workers, most of whom are women. However, noting the Government’s indication that these Decrees would allow women to have a source of supplementary income for the family budget, the Committee drew attention to the importance of not considering women as supplementary wage earners, as this does not support the promotion of equality of opportunity and treatment in employment and occupation. The Committee had also noted the Government’s statement that, in practice, women were still confronted with discrimination in employment resulting from stereotypes that exist regarding a woman’s place in society.

3. The Committee notes that the lack of access of girls and women to non-traditional vocational training opportunities, referred to in its previous comments, is also a reflection of such stereotypes and further hinders women’s equal access to employment. The Government had previously stated that it intended to open up new training branches, including in electricity and electronics, with access to these programmes being linked solely to the capacities of the candidates. The Committee notes from the Government’s most recent periodic report under the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW/C/DZA/2, 5 February 2003) that some progress in women’s access to traditionally male fields has been made, and generally the number of women in secondary/higher education and in vocational training is rising. The CEDAW report indicates that, due to the diversification of skills and the extension of training to students in the third year of secondary school, there has been an increase in the number of women in traditionally male fields; however, the numbers remain low, and women continue to be highly concentrated in vocational training courses that lead to traditionally female occupations. The Committee also notes that in 2001 women constituted only 15 per cent of the total labour force.

4. The Committee expresses concern regarding the persistence of strong stereotypical attitudes with respect to the roles and responsibilities of women and men in the family and in society, which have had a serious impact on the employment and vocational training opportunities of women in practice. The Committee, therefore, again urges the Government to further its national policy to promote equality of opportunity and treatment in respect of employment and occupation, and to keep it informed of any progress in this regard. It also requests the Government to provide information on any measures taken or envisaged to facilitate and encourage access of women and girls to more diversified vocational training opportunities, including those leading to traditionally male occupations, so as to afford them a greater chance of entry into the labour market. In addition, the Committee suggests that efforts be made to address stereotypical attitudes through, for example, awareness-raising campaigns, in collaboration with workers’ and employers’ organizations.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Further to its observation, the Committee requests the Government to provide information on the following points.

1. The Committee notes the information provided on sexual harassment and hopes the Government will consider adopting legislation and other measures to prevent and prohibit such conduct.

2. The Committee in its previous comments, whilst taking note of the intention of the Government of opening up new vocational training branches in electricity and electronics among other fields, asks the Government to indicate the measures taken to encourage the access of girls and women to these branches to avoid occupational segregation based on sex. The Committee notes the reply of the Government in its last report indicating that there is no discrimination since the access to these fields is only linked to the capacities of the candidates. The Committee points out that discrimination is not always related to legal interdictions but to social prejudices that may result in determining capacities based on stereotypes or tradition rather than on actual ability and interest. Therefore the Committee would be pleased if the Government would provide the requested information with its next report.

3. The Committee notes that the Government’s report does not reply to many of its previous comments, thus it is bound to revert to some of the matters raised in its previous direct requests, which read as follows in relevant parts:

[1.] The Committee notes the information that the National Advisory Council for Vocational Training has not yet examined the question of segregation in training on the basis of sex and trusts that the Government will include this question on the agenda of an early session of the same Council and keep the Committee informed thereon.

[3.] In respect of the special protection of women in employment emphasized by the Government in its report - such as the prohibition of night work or refraining from assigning women to work that is dangerous, insalubrious or harmful to the health, etc. - the Committee is aware, when examining measures for the protection of women, that the specific needs of each country may vary. Nevertheless, it invites the Government to consider the possibility of reviewing these provisions - in consultation with the social partners and in particular with women workers - to appreciate whether it is still necessary to prohibit access to women to certain occupations, in view of the improvement of working conditions and also of changes in mental attitudes. It also draws the Government’s attention to the provisions covering this question in: (a) the Protocol of 1990 to the Night Work (Women) Convention (Revised), 1948 (No. 89); (b) the Night Work Convention, 1990 (No. 171), and the Safety and Health in Mines Convention, 1995 (No. 176), with the corresponding Recommendations; and (c) the ILO resolution on equal opportunities and equal treatment for men and women in employment, 1985. One of the reasons put forward by the Government to justify barring women from certain employment derives from the desire to allow women workers to harmonize their working life with the requirements of their family life. In this connection, the Committee wishes to recall that it has often emphasized that it would be preferable if certain measures taken for women workers - to enable them to raise and care for their children - were progressively extended to men, so that such advantages need no longer reduce women’s competitivity on the labour market. Family responsibilities can effectively become a hindrance to equality in employment and a major cause of direct or indirect discrimination against women. The adoption of such measures would bear witness to the recognition that family responsibilities are a problem proper to the family and society - and not solely to women.

[4.] The Committee notes that, following the 1996 acceptance by Algeria of the United Nations Convention on the Elimination of Discrimination against Women, the Government is discussing a first draft of an Act amending the Family Code (in particular section 39 on the duty of the wife to obey her husband); it would be grateful if the Government would keep it informed of the adoption of this draft and would transmit a copy of the various sections of the Family Code which may have been amended and which could affect discrimination in employment based on sex.

[5.] Since the Government has not supplied information on the activities undertaken by the National Council for Women, created in 1997, the Committee asks it to provide a copy of the most recent annual report of this body, including copies of material produced to raise awareness, of studies published and information on the involvement of the tripartite partners in these activities.

The Committee once more hopes that the Government will provide replies to these points with its next report.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee takes note of the information provided in the Government’s report.

1. Discrimination on the basis of religion. Referring to its previous comments the Committee notes the indication of the Government confirming that constitutional articles referring to fundamental rights of the population, read together, guarantee protection against religious discrimination. The Committee reiterates its previous request to the Government to provide copies of all court decisions concerning these articles and to indicate any measures taken to prevent and eliminate the occurrence of religious discrimination in employment and occupation.

2. Discrimination on the basis of sex. In its previous comments the Committee recognized that Decrees on part-time work (No. 97-473 of 8 December 1997) and on home workers (No. 97-474 of 8 December 1997) contribute to improving the employment conditions of these workers, who are mainly women. However, the Committee takes note of the indication of the Government in its report that these Decrees allow women to reconcile their obligations as women with a source of supplementary income for the family budget. The Committee must draw attention to the importance of not considering women as supplementary wage earners in order to promote equal opportunity and treatment. Such a notion, while true in some cases, is not true for many women who are important providers for their own and their families’ livelihoods. In this regard the Committee refers to the indication of the Government in its previous report according to which, in practice, women are still confronted with discrimination in the field of employment resulting from stereotypes which exist regarding a woman’s place in society. It therefore encourages the Government to continue its efforts to further its national policy of promotion of equality of opportunity and of treatment in respect of employment and occupation.

The Committee is raising other points in a request addressed directly to the Government.

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

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes that the public authorities’ action to promote basic education for small girls and also that in respect of training and literacy training for women, takes many forms and includes very varied measures such as: the opening of school canteens and boarding schools to help families in a precarious economic situation to keep their girls in educational establishments which are sometimes far from their place of residence; the provisions of bursaries and financial aid for the purchase of educational equipment, the free distribution of educational manuals; the development of school transport in isolated areas; the encouragement of associations working in the field of literacy for small girls who are beyond school age and for women who so wish, in parallel with action undertaken by the National Office for Literacy; greater numbers of primary schools, mid-level and higher level schools, especially in rural areas; the reinforcement of distance training; increasing the proportion of women in educational personnel, etc. The Committee notes that the Government’s efforts appear fruitful, since the overall rate of scholastic attendance for girls now stands at 92.85 per cent.

2. With respect to the access of girls and women to various vocational training and technical training courses, the Committee notes the Government’s statements that vocational training is as open to girls as to boys and that women are represented in all departments and not simply in those thought to be feminine. Noting that unemployment for women stands at 37.31 per cent and that the Government is considering opening up new training branches, increasing the possibility of obtaining employment in the field of electricity, electronics, audio-visual techniques, the graphics industry and in computer maintenance, the Committee would be grateful if the Government would indicate the measures taken or envisaged to encourage the access of girls and women to these branches so as to afford them a greater chance of entry to the labour market. It also invites the Government to consider what measures may be taken to inform and raise the awareness of girls and women of the wide range of occupations open to them, free from considerations based on stereotypes reserving one profession or occupation to persons of a particular sex and thus avoiding occupational segregation based on sex (that is to say the propensity of individuals of a given sex to take up studies or training leading to a type of employment or occupation where persons of the same sex are in the majority). Finally, the Committee notes the information that the National Advisory Council for Vocational Training has not yet examined the question of segregation in training on the basis of sex and trusts that the Government will include this question on the agenda of an early session of the same Council and keep the Committee informed thereon.

3. In respect of the special protection of women in employment emphasized by the Government in its report - such as the prohibition of night work or refraining from assigning women to work that is dangerous, insalubrious or harmful to the health, etc. - the Committee is aware, when examining measures for the protection of women, that the specific needs of each country may vary. Nevertheless, it invites the Government to consider the possibility of reviewing these provisions - in consultation with the social partners and in particular with women workers - to appreciate whether it is still necessary to prohibit access to women to certain occupations, in view of the improvement of working conditions and also of changes in mental attitudes. It also draws the Government’s attention to the provisions covering this question in: (a) the Protocol of 1990 to the Night Work (Women) Convention (Revised), 1948 (No. 89); (b) the Night Work Convention, 1990 (No. 171), and the Safety and Health in Mines Convention, 1995 (No. 176), with the corresponding Recommendations; and (c) the ILO resolution on equal opportunities and equal treatment for men and women in employment, 1985. One of the reasons put forward by the Government to justify barring women from certain employment derives from the desire to allow women workers to harmonize their working life with the requirements of their family life. In this connection, the Committee wishes to recall that it has often emphasized that it would be preferable if certain measures taken for women workers - to enable them to raise and care for their children - were progressively extended to men, so that such advantages need no longer reduce women’s competitivity on the labour market. Family responsibilities can effectively become a hindrance to equality in employment and a major cause of direct or indirect discrimination against women. The adoption of such measures would bear witness to the recognition that family responsibilities are a problem proper to the family and society - and not solely to women.

4. The Committee notes that, following the 1996 acceptance by Algeria of the United Nations Convention on the Elimination of Discrimination against Women, the Government is discussing a first draft of an Act amending the Family Code (in particular section 39 on the duty of the wife to obey her husband); it would be grateful if the Government would keep it informed of the adoption of this draft and would transmit a copy of the various sections of the Family Code which may have been amended and which could affect discrimination in employment based on sex.

5. Since the Government has not supplied information on the activities undertaken by the National Council for Women, created in 1997, the Committee asks it to provide a copy of the most recent annual report of this body, including copies of material produced to raise awareness, of studies published and information on the involvement of the tripartite partners in these activities.

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

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

1. Discrimination on the basis of religion. In its previous observation, the Committee noted that the Constitution had been amended in November 1996 and raised the question whether articles 29 (equality before the law, without any discrimination on grounds of birth, race, sex, opinion or any other personal or social condition or circumstance), 32 (guarantee of fundamental freedoms and human rights), 33 (guarantee of protection of fundamental human rights for individuals and associations, and of individual and collective freedoms) and 36 (inviolability of freedom of conscience and freedom of opinion), read together, guaranteed constitutional protection against religious discrimination. Noting that the Government’s report does not touch on this question, the Committee would be grateful if the Government would confirm or repudiate this interpretation and repeats its request for copies of all court decisions concerning these articles.

2. Discrimination on the basis of sex. The Committee notes that, in 1997, the Government adopted two Decrees: the first on part-time work (No. 97-473 of 8 December 1997) and the other on home workers (No. 97-474 of 8 December 1997). The principal aim of these texts is to allow such workers, primarily women, to contribute to the social security scheme and thus be entitled to social insurance. While appreciating that the abovementioned provisions contribute to improving the employment conditions of these workers, the Committee requests the Government to indicate the measures taken or envisaged to ensure that the proliferation of "atypical" employment relations, several of which are prejudicial to income and job security, do not unduly disadvantage women on the labour market.

3. The Committee notes the detailed information supplied by the Government, in response to its earlier comments, on the efforts that it is making to develop education for young girls, combat illiteracy among women and provide training so that they may obtain qualifications. It also notes the Government’s statement that despite incorporating equality between men and women into the legislative and regulatory texts governing the world of work, in practice, women are still confronted with discrimination in the field of employment resulting from stereotypes which exist regarding a woman’s place in society. It therefore encourages the Government to continue its efforts to further its national policy of promotion of equality of opportunity and of treatment in respect of employment and occupation.

The Committee is addressing a request on certain other points directly to the Government.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes that the public authorities’ action to promote basic education for small girls and also that in respect of training and literacy training for women, takes many forms and includes very varied measures such as: the opening of school canteens and boarding schools to help families in a precarious economic situation to keep their girls in educational establishments which are sometimes far from their place of residence; the provisions of bursaries and financial aid for the purchase of educational equipment, the free distribution of educational manuals; the development of school transport in isolated areas; the encouragement of associations working in the field of literacy for small girls who are beyond school age and for women who so wish, in parallel with action undertaken by the National Office for Literacy; greater numbers of primary schools, mid-level and higher-level schools, especially in rural areas; the reinforcement of distance training; increasing the proportion of women in educational personnel, etc. The Committee notes that the Government’s efforts appear fruitful, since the overall rate of scholastic attendance for girls now stands at 92.85 per cent.

2. With respect to the access of girls and women to various vocational training and technical training courses, the Committee notes the Government’s statements that vocational training is as open to girls as to boys and that women are represented in all departments and not simply in those thought to be feminine. Noting that unemployment for women stands at 37.31 per cent and that the Government is considering opening up new training branches, increasing the possibility of obtaining employment in the field of electricity, electronics, audio-visual techniques, the graphics industry and in computer maintenance, the Committee would be grateful if the Government would indicate the measures taken or envisaged to encourage the access of girls and women to these branches so as to afford them a greater chance of entry to the labour market. It also invites the Government to consider what measures may be taken to inform and raise the awareness of girls and women of the wide range of occupations open to them, free from considerations based on stereotypes reserving one profession or occupation to persons of a particular sex and thus avoiding occupational segregation based on sex (that is to say the propensity of individuals of a given sex to take up studies or training leading to a type of employment or occupation where persons of the same sex are in the majority). Finally, the Committee notes the information that the National Advisory Council for Vocational Training has not yet examined the question of segregation in training on the basis of sex and trusts that the Government will include this question on the agenda of an early session of the same Council and keep the Committee informed thereon.

3. In respect of the special protection of women in employment emphasized by the Government in its report - such as the prohibition of night work or refraining from assigning women to work that is dangerous, insalubrious or harmful to the health, etc. - the Committee is aware, when examining measures for the protection of women, that the specific needs of each country may vary. Nevertheless, it invites the Government to consider the possibility of reviewing these provisions - in consultation with the social partners and in particular with women workers - to appreciate whether it is still necessary to prohibit access to women to certain occupations, in view of the improvement of working conditions and also of changes in mental attitudes. It also draws the Government’s attention to the provisions covering this question in: (a) the Protocol of 1990 to the Night Work (Women) Convention (Revised), 1948 (No. 89); (b) the Night Work Convention, 1990 (No. 171), and the Safety and Health in Mines Convention, 1995 (No. 176), with the corresponding Recommendations; and (c) the ILO resolution on equal opportunities and equal treatment for men and women in employment, 1985. One of the reasons put forward by the Government to justify barring women from certain employment derives from the desire to allow women workers to harmonize their working life with the requirements of their family life. In this connection, the Committee wishes to recall that it has often emphasized that it would be preferable if certain measures taken for women workers - to enable them to raise and care for their children - were progressively extended to men, so that such advantages need no longer reduce women’s competitivity on the labour market. Family responsibilities can effectively become a hindrance to equality in employment and a major cause of direct or indirect discrimination against women. The adoption of such measures would bear witness to the recognition that family responsibilities are a problem proper to the family and society - and not solely to women.

4. The Committee notes that, following the 1996 acceptance by Algeria of the United Nations Convention on the Elimination of Discrimination against Women, the Government is discussing a first draft of an Act amending the Family Code (in particular section 39 on the duty of the wife to obey her husband); it would be grateful if the Government would keep it informed of the adoption of this draft and would transmit a copy of the various sections of the Family Code which may have been amended and which could affect discrimination in employment based on sex.

5. Since the Government has not supplied information on the activities undertaken by the National Council for Women, created in 1997, the Committee asks it to provide a copy of the most recent annual report of this body, including copies of material produced to raise awareness, of studies published and information on the involvement of the tripartite partners in these activities.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

1. Discrimination on the basis of religion. In its previous observation, the Committee noted that the Constitution had been amended in November 1996 and raised the question whether articles 29 (equality before the law, without any discrimination on grounds of birth, race, sex, opinion or any other personal or social condition or circumstance), 32 (guarantee of fundamental freedoms and human rights), 33 (guarantee of protection of fundamental human rights for individuals and associations, and of individual and collective freedoms) and 36 (inviolability of freedom of conscience and freedom of opinion), read together, guaranteed constitutional protection against religious discrimination. Noting that the Government’s report does not touch on this question, the Committee would be grateful if the Government would confirm or repudiate this interpretation and repeats its request for copies of all court decisions concerning these articles.

2. Discrimination on the basis of sex. The Committee notes that, in 1997, the Government adopted two Decrees: the first on part-time work (No. 97-473 of 8 December 1997) and the other on home workers (No. 97-474 of 8 December 1997). The principal aim of these texts is to allow such workers, primarily women, to contribute to the social security scheme and thus be entitled to social insurance. While appreciating that the abovementioned provisions contribute to improving the employment conditions of these workers, the Committee requests the Government to indicate the measures taken or envisaged to ensure that the proliferation of "atypical" employment relations, several of which are prejudicial to income and job security, do not unduly disadvantage women on the labour market.

3. The Committee notes the detailed information supplied by the Government, in response to its earlier comments, on the efforts that it is making to develop education for young girls, combat illiteracy among women and provide training so that they may obtain qualifications. It also notes the Government’s statement that despite incorporating equality between men and women into the legislative and regulatory texts governing the world of work, in practice, women are still confronted with discrimination in the field of employment resulting from stereotypes which exist regarding a woman’s place in society. It therefore encourages the Government to continue its efforts to further its national policy of promotion of equality of opportunity and of treatment in respect of employment and occupation.

4. The Committee is addressing a request on certain other points directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

1. The Committee notes that the public authorities' action to promote basic education for small girls and also that in respect of training and literacy training for women, takes many forms and includes very varied measures such as: the opening of school canteens and boarding schools to help families in a precarious economic situation to keep their girls in educational establishments which are sometimes far from their place of residence; the provisions of bursaries and financial aid for the purchase of educational equipment, the free distribution of educational manuals; the development of school transport in isolated areas; the encouragement of associations working in the field of literacy for small girls who are beyond school age and for women who so wish, in parallel with action undertaken by the National Office for Literacy; greater numbers of primary schools, mid-level and higher-level schools, especially in rural areas; the reinforcement of distance training; increasing the proportion of women in educational personnel, etc. The Committee notes that the Government's efforts appear fruitful, since the overall rate of scholastic attendance for girls now stands at 92.85 per cent.

2. With respect to the access of girls and women to various vocational training and technical training courses, the Committee notes the Government's statements that vocational training is as open to girls as to boys and that women are represented in all departments and not simply in those thought to be feminine. Noting that unemployment for women stands at 37.31 per cent and that the Government is considering opening up new training branches, increasing the possibility of obtaining employment in the field of electricity, electronics, audio-visual techniques, the graphics industry and in computer maintenance, the Committee would be grateful if the Government would indicate the measures taken or envisaged to encourage the access of girls and women to these branches so as to afford them a greater chance of entry to the labour market. It also invites the Government to consider what measures may be taken to inform and raise the awareness of girls and women of the wide range of occupations open to them, free from considerations based on stereotypes reserving one profession or occupation to persons of a particular sex and thus avoiding occupational segregation based on sex (that is to say the propensity of individuals of a given sex to take up studies or training leading to a type of employment or occupation where persons of the same sex are in the majority). Finally, the Committee notes the information that the National Advisory Council for Vocational Training has not yet examined the question of segregation in training on the basis of sex and trusts that the Government will include this question on the agenda of an early session of the same Council and keep the Committee informed thereon.

3. In respect of the special protection of women in employment emphasized by the Government in its report -- such as the prohibition of night work or refraining from assigning women to work that is dangerous, insalubrious or harmful to the health, etc. -- the Committee is aware, when examining measures for the protection of women, that the specific needs of each country may vary. Nevertheless, it invites the Government to consider the possibility of reviewing these provisions -- in consultation with the social partners and in particular with women workers -- to appreciate whether it is still necessary to prohibit access to women to certain occupations, in view of the improvement of working conditions and also of changes in mental attitudes. It also draws the Government's attention to the provisions covering this question in: (a) the Protocol of 1990 to the Night Work (Women) Convention (Revised), 1948 (No. 89); (b) the Night Work Convention, 1990 (No. 171), and the Safety and Health in Mines Convention, 1995 (No. 176), with the corresponding Recommendations; and (c) the ILO resolution on equal opportunities and equal treatment for men and women in employment, 1985. One of the reasons put forward by the Government to justify barring women from certain employment derives from the desire to allow women workers to harmonize their working life with the requirements of their family life. In this connection, the Committee wishes to recall that it has often emphasized that it would be preferable if certain measures taken for women workers -- to enable them to raise and care for their children -- were progressively extended to men, so that such advantages need no longer reduce women's competitivity on the labour market. Family responsibilities can effectively become a hindrance to equality in employment and a major cause of direct or indirect discrimination against women. The adoption of such measures would bear witness to the recognition that family responsibilities are a problem proper to the family and society -- and not solely to women.

4. The Committee notes that, following the 1996 acceptance by Algeria of the United Nations Convention on the Elimination of Discrimination against Women, the Government is discussing a first draft of an Act amending the Family Code (in particular section 39 on the duty of the wife to obey her husband); it would be grateful if the Government would keep it informed of the adoption of this draft and would transmit a copy of the various sections of the Family Code which may have been amended and which could affect discrimination in employment based on sex.

5. Since the Government has not supplied information on the activities undertaken by the National Council for Women, created in 1997, the Committee asks it to provide a copy of the most recent annual report of this body, including copies of material produced to raise awareness, of studies published and information on the involvement of the tripartite partners in these activities.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

1. Discrimination on the basis of religion. In its previous observation, the Committee noted that the Constitution had been amended in November 1996 and raised the question whether sections 29 (equality before the law, without any discrimination on grounds of birth, race, sex, opinion or any other personal or social condition or circumstance), 32 (guarantee of fundamental freedoms and human rights), 33 (guarantee of protection of fundamental human rights for individuals and associations, and of individual and collective freedoms) and 36 (inviolability of freedom of conscience and freedom of opinion), read together, guaranteed constitutional protection against religious discrimination. Noting that the Government's report does not touch on this question, the Committee would be grateful if the Government would confirm or repudiate this interpretation and repeats its request for copies of all court decisions concerning these articles.

2. Discrimination on the basis of sex. The Committee notes that, in 1997, the Government adopted two Decrees: the first on part-time work (No. 97-473 of 8 December 1997) and the other on home workers (No. 97-474 of 8 December 1997). The principal aim of these texts is to allow such workers, primarily women, to contribute to the social security scheme and thus be entitled to social insurance. While appreciating that the abovementioned provisions contribute to improving the employment conditions of these workers, the Committee requests the Government to indicate the measures taken or envisaged to ensure that the proliferation of "atypical" employment relations, several of which are prejudicial to income and job security, do not unduly disadvantage women on the labour market.

3. The Committee notes the detailed information supplied by the Government, in response to its earlier comments, on the efforts that it is making to develop education for young girls, combat illiteracy among women and provide training so that they may obtain qualifications. It also notes the Government's statement that despite incorporating equality between men and women into the legislative and regulatory texts governing the world of work, in practice, women are still confronted with discrimination in the field of employment resulting from stereotypes which exist regarding a woman's place in society. It therefore encourages the Government to continue its efforts to further its national policy of promotion of equality of opportunity and of treatment in respect of employment and occupation.

4. The Committee is addressing a request on certain other points directly to the Government.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

1. With reference to its previous direct request on the participation of girls in education, particularly middle-level and secondary education, the Committee notes the information and statistics provided by the Government which show a slight but steady increase in the number of girls in middle level schools (1993-94: 43.6 per cent; 1994-95: 44 per cent; 1995-96: 44.4 per cent; 1996-97: 45.6 per cent) and in secondary schools (1993-94: 48.6 per cent; 1994-95: 49.8 per cent; 1995-96: 50.1 per cent; 1996-97; 52.5 per cent). With regard to the percentage of girls and women in higher education and vocational training, the Committee also notes a slight increase in female participation in higher education (1992-93: 42 per cent; 1993-94: 42.6 per cent; 1994-95: 42.7 per cent; 1995-96: 44.8 per cent; 1996-97: 47 per cent) and in vocational training (1992: 38.9 per cent; 1993: 38.7 per cent; 1994: 40.3 per cent; 1995: 43.9 per cent; 1996: 47 per cent). However, the statistics reveal a drop in the proportion of girls and women in technical education which, according to the Government, can be explained by the fact that, unlike boys, girls have difficulty in adapting to this type of education. In this connection, the Committee recalls paragraph 73 of its 1996 Special Survey on equality in employment and occupation, in which it notes that discrimination in access to training rarely originates in provisions of laws or regulations, but generally arises out of practices based on stereotypes affecting mainly women and certain disadvantaged groups. The Committee asks the Government to consider what measures might be taken under the national policy on gender equality to inform and raise awareness with a view to facilitating the access of girls and women to more diversified technical education and vocational training. The Committee refers the Government to paragraph 82 of its 1988 General Survey on equality in employment and occupation, in which it recalls that such positive measures make it possible to rectify the de facto inequalities affecting members of groups that are at a disadvantage owing to the phenomenon of occupational segregation, in particular such segregation based on sex.

2. With regard to the information requested on non-discriminatory implementation of the provisions of Decree No. 87-209 of 8 September 1987 and the Ministerial Order of 1 August 1988 concerning training and retraining abroad, the Committee notes that the Government's report contains no information on this matter, but that Executive Decree No. 96-262 of 29 July 1996 amends and supplements Decree No. 87-209 to organize the planning and management of training and retraining abroad (the persons concerned are from public administrations, public industrial and commercial establishments and local communities; the cost of training is borne by the employer). It also notes that Executive Decree No. 97-197 of 18 May 1997 lays down the functions, composition, organization and operation of the National Advisory Council for Vocational Training established by Decree No. 78-135 of 3 June 1978 (which is inter-ministerial and composed, inter alia, of members of the National Employment Agency and vocational training experts, and also workers' and employers' representatives from the various trades). The Committee asks the Government to provide information in its next report on equality in training, including any annual reports on the matter issued by the National Advisory Council for Vocational Training.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

1. Article 1, paragraph 1(a), of the Convention. Further to its previous observation concerning the absence of any protection in the law against discrimination based on religion in employment and occupation, the Committee notes with interest that the revised Constitution of November 1996 contains the following articles: 29 (equality before the law, without any discrimination on grounds of birth, race, sex, opinion or any other personal or social condition or circumstance), 32 (guarantee of fundamental freedoms and human rights), 33 (guarantee of protection of fundamental human rights for individuals and associations, and of individual and collective freedoms) and 36 (inviolability of freedom of conscience and freedom of opinion) which, when read together, would appear to guarantee constitutional protection against religious discrimination. The Committee asks the Government to indicate whether this understanding of the constitutional protection of equality is correct and to supply copies of texts implementing these provisions, if any. It also asks the Government to supply information on the application of the provisions of the revised Constitution, for example copies of court decisions that concern these articles.

2. Gender equality. The Committee notes with interest that, by Presidential Decree No. 96-51 of 22 January 1996, the Government acceded with reservations to the United Nations Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) and subsequently, by Executive Decree No. 97-98 of 29 March 1997, created a National Council for Women (which is tripartite and inter-ministerial and acts as a consultative body for the advancement of the status of women in the country and for the conduct and dissemination of research in this area). The Committee asks the Government to provide information in its next report on the activities of this Council to promote the principle of equality of opportunity and treatment in employment and occupation, including copies of information material, studies published on the employment of women and the tripartite involvement in such activities.

3. The Committee raises other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. With regard to the access of women to vocational training, the Committee notes from the Government's report that measures have been taken to promote the training of women and that the massive attendance of women at training establishments has led to a considerable increase in the number of women on the labour market, even if it remains low by comparison with the number of men. It also notes that the governmental programme adopted in September 1992 has highlighted the need for women to participate in active life and has made it clear that women must receive greater protection and assistance. The Committee asks the Government to provide detailed information in its next report on the effect given in practice to the governmental programme of 1992 with regard to the promotion of equality, and the results obtained, as concerns increased participation of women in active life and the participation of girls in training, particularly technical and industrial training. The Committee notes that the Government's report to the Committee on the Elimination of Racial Discrimination (UN document CERD/C/209/Add.4 of 22 May 1992) indicates that, for the school year 1989-90, there were 342,788 girls in secondary and technical schools out of a total of 753,147 pupils. The Committee would appreciate receiving more recent statistics on the number of girls in vocational training centres and institutes, and in higher education establishments and universities.

2. With reference to its previous requests for information on the effect given to the provisions of Decree No. 87-209 of 8 September 1987 and the Ministerial Order of 1 August 1988 concerning training and further training abroad and the number and sex of the persons (students and workers) who have received such training, and to its request for a copy of the report of the Council for Planning and Guidance in Training and Further Training, the Committee notes that the Government states once again that this information is not available but that it will transmit it as soon as it has been received. The Committee once again expresses the hope that the above-mentioned information will be provided with the next report.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

1. Further to its previous comments, the Committee takes due note of the information sent by the Government, particularly the statistics on the progress in the number of girls in middle-level schools and general and technical secondary education.

2. It notes from the statistics that the percentage of girls in middle-level education has increased only slightly over the period 1990 to 1993, from 41.6 per cent for the school year 1990-91 to 42.9 per cent for the school year 1992-93. It has also increased slightly in technical secondary education (from 31.1 per cent for 1990-91 to 31.7 per cent for 1991-92), but has dropped slightly for general secondary education (50.6 per cent for 1990-91 to 49.6 per cent for 1991-92). The Committee requests the Government to continue to inform it of the positive measures taken, and their results, to increase more substantially the rate of attendance of girls in education, particularly middle and secondary levels.

3. With regard to progress in the number of girls and women in higher education and vocational training, the Committee notes that the competent services have been instructed to supply the statistics requested which will be sent to the Office as soon as they are received. It reiterates the hope that these statistics will be sent with the next report.

4. The Committee has also noted that the information on the effect given to non-discrimination under the provisions of Decree No. 87-209 of 8 September 1987 and the Ministerial Order of 1 August 1988 concerning training and further training abroad have been requested from the Ministry of Higher Education and hopes that they will be sent with the next report.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

1. With reference to its previous comments concerning the fact that the national legislation does not prohibit discrimination in employment and occupation on the grounds of religion, the Committee notes that the Government repeats its previous statement that religion has never, in practice, given rise to discrimination. It adds that the Committee's observation was brought to the attention of all departments responsible for formulating the texts of laws and regulations, and that it will not fail to inform the Committee of any further developments in this matter. The Committee draws the Government's attention to paragraph 58 in fine of its 1988 General Survey on Equality in Employment and Occupation, in which it points out that "where provisions are adopted in order to give effect to the principle contained in the Convention, they should include all the grounds of discrimination laid down in Article 1, paragraph 1(a), of the Convention". The Committee therefore hopes that measures will be taken shortly to ensure that the national legislation includes religion among the prohibited grounds of discrimination in respect of employment and occupation and asks the Government to indicate in its next report any progress made in this respect. 2. The Committee is raising other points in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

1. Article 1, paragraph 1(a), of the Convention. The Committee notes that the report repeats that although religion has never, in practice, given rise to any discrimination whatsoever in employment and occupation, the public authorities - in their concern to improve domestic legislation continuously in order to apply in proper form the principles laid down in the Conventions ratified - will not fail to take the necessary measures in the near future to complete the procedure for revising the national legislation with a view particularly to including religion as a prohibited ground for discrimination. The Committee hopes that this procedure, which has been in progress for a number of years, will be completed shortly. It would appreciate receiving with the next report details on the specific measures taken to this end and the results obtained, along with copies of the revised texts as soon as they are adopted.

2. The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

With reference to its previous direct requests, the Committee notes the information contained in the Government's report in reply to its previous comments.

1. With regard to the access of women to vocational training, the Committee notes from the Government's report that measures have been taken to promote the training of women and that the massive attendance of women at training establishments has led to a considerable increase in the number of women on the labour market, even if it remains low by comparison with the number of men. It also notes that the governmental programme adopted in September 1992 has highlighted the need for women to participate in active life and has made it clear that women must receive greater protection and assistance. The Committee asks the Government to provide detailed information in its next report on the effect given in practice to the governmental programme of 1992 with regard to the promotion of equality, and the results obtained, as concerns increased participation of women in active life and the participation of girls in training, particularly technical and industrial training. The Committee notes that the Government's report to the Committee on the Elimination of Racial Discrimination (UN document CERD/C/209/Add.4 of 22 May 1992) indicates that, for the school year 1989-90, there were 342,788 girls in secondary and technical schools out of a total of 753,147 pupils. The Committee would appreciate receiving more recent statistics on the number of girls in vocational training centres and institutes, and in higher education establishments and universities.

2. With reference to its previous requests for information on the effect given to the provisions of Decree No. 87-209 of 8 September 1987 and the Ministerial Order of 1 August 1988 concerning training and further training abroad and the number and sex of the persons (students and workers) who have received such training, and to its request for a copy of the report of the Council for Planning and Guidance in Training and Further Training, the Committee notes that the Government states once again that this information is not available but that it will transmit it as soon as it has been received. The Committee once again expresses the hope that the above-mentioned information will be provided with the next report.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the information provided by the Government in its report in reply to its previous comments, in particular its explanation that, under the Constitution, the principle of non-discrimination laid down in section 17 of the Industrial Relations Act (No. 90-11 of 1990) is not only applied only at the time of recruitment, but also during the course of employment, in respect of promotion and in the determination of the employment relationship, as well as in conditions of work, employment and remuneration, as indicated in the text.

1. With reference to its previous comments concerning the fact that the national legislation does not prohibit discrimination in employment and occupation on the grounds of religion, the Committee notes that the Government repeats its previous statement that religion has never, in practice, given rise to discrimination. It adds that the Committee's observation was brought to the attention of all departments responsible for formulating the texts of laws and regulations, and that it will not fail to inform the Committee of any further developments in this matter. The Committee draws the Government's attention to paragraph 58 in fine of its 1988 General Survey on Equality in Employment and Occupation, in which it points out that "where provisions are adopted in order to give effect to the principle contained in the Convention, they should include all the grounds of discrimination laid down in Article 1, paragraph 1(a), of the Convention". The Committee therefore hopes that measures will be taken shortly to ensure that the national legislation includes religion among the prohibited grounds of discrimination in respect of employment and occupation and asks the Government to indicate in its next report any progress made in this respect.

2. The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee refers to the Government's previous statements concerning the legislative and practical measures that it envisaged taking with a view to facilitating the integration of women into active life (in accordance with the Constitution). In the absence of new information from the Government in this connection, the Committee once again requests details on the results obtained.

The Committee notes that, according to the statistics supplied by the Government, the proportions of girls in vocational training establishments and of women in the various sectors are very much lower than those of the male workforce. They were respectively in the order of 24.3 per cent and 9 per cent in 1987 (in 1989, women accounted for 8.5 per cent of employed persons). The Committee requests the Government to indicate the measures that have been taken or are envisaged (for example, through positive measures in favour of women) to promote the vocational training and employment of women in such a way as to correct the existing imbalance between men and women.

2. The Committee recalls its previous request for information on the implementation of provisions concerning training and further training abroad (Decree No. 87-209, of 8 September 1987, and Ministerial Order of 1 August 1988), on the number and sex of the persons (students and workers) who have received such training, and for a copy of the report of the Council for Planning and Guidance in Training and Further Training. The Government states that it has not yet received the report but that it will transmit it as soon as it has been received. The Committee hopes to receive the report in the near future together with the information referred to above.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

1. The Committee notes the adoption of Act No. 90-11, of 21 April 1990, respecting labour relations, which repeals certain texts (including Decree No. 85-59 of 1985 to establish model conditions of service of workers in public institutions and administrations, and Act No. 78-12 of 1978 to establish the general conditions of employment of workers), which had been the subject of its previous comments as regards workers' political obligations. The Committee notes with interest that, in accordance with section 17, which is contained in Title III, Chapter II: Conditions and Procedure for Recruitment, of Act No. 90-11, any provision drawn up as part of a collective agreement or contract of employment of such a nature as to discriminate in any way between workers on grounds including political belief shall be null and void. 2. With reference to its previous comments, the Committee once again hopes that measures will be taken to make formal reference to religion among the grounds upon which it is prohibited to discriminate in respect of employment and occupation. 3. The Committee also notes that section 17 of Act No. 90-11 is intended to prohibit any provision drawn up as part of a collective agreement or contract of employment that is of such a nature as to discriminate during recruitment. It hopes that the Government will take the necessary measures to ensure that any discriminatory practice, under the terms of the Convention, is also eliminated between workers during the course of employment, in respect of both terms and conditions of employment and the termination of the employment relationship.

END OF REPETITION

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the information and statistics supplied by the Government in reply to its previous direct request.

1. The Committee refers to the Government's previous statements concerning the legislative and practical measures that it envisaged taking with a view to facilitating the integration of women into active life (in accordance with the Constitution). In the absence of new information from the Government in this connection, the Committee once again requests details on the results obtained.

The Committee notes that, according to the statistics supplied by the Government, the proportions of girls in vocational training establishments and of women in the various sectors are very much lower than those of the male workforce. They were respectively in the order of 24.3 per cent and 9 per cent in 1987 (in 1989, women accounted for 8.5 per cent of employed persons). The Committee requests the Government to indicate the measures that have been taken or are envisaged (for example, through positive measures in favour of women) to promote the vocational training and employment of women in such a way as to correct the existing imbalance between men and women.

2. The Committee recalls its previous request for information on the implementation of provisions concerning training and further training abroad (Decree No. 87-209, of 8 September 1987, and Ministerial Order of 1 August 1988), on the number and sex of the persons (students and workers) who have received such training, and for a copy of the report of the Council for Planning and Guidance in Training and Further Training. The Government states that it has not yet received the report but that it will transmit it as soon as it has been received. The Committee hopes to receive the report in the near future together with the information referred to above.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

1. The Committee notes the adoption of Act No. 90-11, of 21 April 1990, respecting labour relations, which repeals certain texts (including Decree No. 85-59 of 1985 to establish model conditions of service of workers in public institutions and administrations, and Act No. 78-12 of 1978 to establish the general conditions of employment of workers), which had been the subject of its previous comments as regards workers' political obligations.

The Committee notes with interest that, in accordance with section 17, which is contained in Title III, Chapter II: Conditions and Procedure for Recruitment, of Act No. 90-11, any provision drawn up as part of a collective agreement or contract of employment of such a nature as to discriminate in any way between workers on grounds including political belief shall be null and void.

2. With reference to its previous comments, the Committee once again hopes that measures will be taken to make formal reference to religion among the grounds upon which it is prohibited to discriminate in respect of employment and occupation.

3. The Committee also notes that section 17 of Act No. 90-11 is intended to prohibit any provision drawn up as part of a collective agreement or contract of employment that is of such a nature as to discriminate during recruitment. It hopes that the Government will take the necessary measures to ensure that any discriminatory practice, under the terms of the Convention, is also eliminated between workers during the course of employment, in respect of both terms and conditions of employment and the termination of the employment relationship.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

With reference to its previous comments, the Committee notes the information supplied by the Government in its report.

1. With regard to women's access to vocational training, the Committee asked the Government to provide provide particulars (including statistics) on the trades and occupations in which training for new careers and specialisations was available to women. The Government states that, in 1987, the number of enrolments in vocational training "specifically for women" was 24,043; it adds that women are being increasingly trained for a whole range of trades in view of the new requirements in the different sectors of production, but does not specify the type of trade involved or provide the statistics requested. The Committee again expresses the hope that the Government's next report will contain the information requested.

2. The Committee also noted that the Government was planning to take legislative and practical measures to facilitate the gradual integration of women into the economically active population and that a working group had been set up and had drawn up a number of proposals to this end. It therefore requested the Government to provide information on the follow-up given to these proposals and on all positive practical steps taken to encourage the access of women to employment and the different occupations, in accordance with the Convention and national policy. The Government states that many practical measures have been taken to facilitate the access of women to employment but refers only to certain protective provisions; it adds that, with regard to legislation, the texts issued under Act No. 78-12 of 5 August 1978 concerning conditions of employment of workers will be forwarded as soon as they have been enacted. The Committee hopes that the above legislation will be adopted very shortly and that the Government will not fail to provide details on the results obtained in the integration of women into the economically active population (in accordance with the new Constitution), and particularly on the number of women employed in the various sectors of activity and on the female to male ratio.

3. In its previous requests, the Committee also noted from the Government's report that employment of women in the public sector registered an upward curve and requested more detailed information on this subject, in particular on the number of women employed in the public administration and other activities in this sector, and on the female to male ratio. As the Government's report did not contain the information requested, the Committee can only express once again the hope that this information will be provided in the next report. The Committee also notes with interest that section 48 of the new Constitution guarantees equal access for all citizens to state offices and functions, and requests the Government to indicate the practical effect given to this provision.

4. The Committee takes note of Decree No. 87-209 of 8 September 1987 to organise the planning and administration of training and further training abroad, and of the Ministerial Order of 1 August 1988 to establish conditions for the implementation of further training abroad. The Committee requests the Government to provide information on the implementation of these provisions and on the number and sex of the persons (students and workers) who have received such training (please provide, if appropriate, a copy of the report of the Council for Planning and Guidance in Training and Further Training whose establishment is provided for in these texts).

5. The Committee would be grateful if the Government would supply the text of the Family Code with its next report.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

1. The Committee notes the new Constitution adopted in 1989 and notes with interest that under article 28 all citizens are equal before the law "without any distinction as to birth, race, sex, opinion or any other personal or social conditions or circumstances" and that, under article 30, "the purpose of the institutions is to ensure equal rights and duties for all citizens, both men and women", and that article 35 also establishes freedom of conscience and opinion. However, the Committee observes that, although freedom of opinion is set forth in the Constitution, religion is not included among the grounds on which discrimination is prohibited.

In this connection, the Committee also refers to its previous observations in which it pointed out that sections 8 and 25 of Act No. 82-06 of 1982 respecting individual employment relationships (which set out the grounds on which discrimination is prohibited) do not mention "religion" and "political opinion" which are explicitly referred to in Article 1, paragraph 1(a), of the Convention, and that under certain other provisions of the national legislation (Decree No. 85-59 of 1985 to establish model conditions of service of workers in public institutions and administrations and Act No. 78-12 of 1978 to establish the general conditions of employment of workers) workers must undertake to serve the Party and State and must lend their assistance to actions undertaken by the country's political leadership or bear in mind its guide-lines or directives. The Committee noted the Government's statements that, in practice, religion or political opinion were not in practice grounds of discrimination in employment and expressed the hope that measures would be taken to ensure that this practice was reflected in the legislation.

In its most recent report, the Government repeats these statements and also indicates that the Committee's comments have been submitted to the national services responsible for drafting labour laws and regulations so that they may refer to them when drafting the new texts which will be called for by the constitutional, political and social reforms proposed by the country's political leadership. The Committee notes this information with interest and hopes that, in view of the provisions of the Constitution, positive steps will be taken to ensure that all the grounds of discrimination set out in the Convention are fully covered in the new laws and regulations on employment to be drawn up as part of these reforms. The Committee asks the Government to indicate any progress made to this end.

2. With reference to its comments on the right of women to education and vocational training, recognised by the National Charter of 9 February 1986 and confirmed in the new Constitution, the Committee notes with interest from the information contained in the Government's report that new women's training centres have been established and that training is gradually being extended to new specialisations and careers geared to economic development. The Committee asks the Government to continue to provide information on any developments in this respect, particularly on the practical measures taken to implement the above-mentioned provisions of the Constitution.