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

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

The Committee notes the joint observations submitted on 1 September 2022 by the General Confederation of Liberal Trade Unions of Belgium (CGSLB), the Confederation of Christian Trade Unions (CSC) and the General Labour Federation of Belgium (FGTB).

Articles 1 to 3 of the Convention. Federal anti-discrimination legislation. The Committee notes the indication in the Government's report that a number of the 33 recommendations made in the first report (2017) of the Committee to Evaluate Federal Anti-Discrimination Legislation (hereinafter “Evaluation Committee”) have been implemented, such as: (a) the establishment of the Federal Institute for Human Rights; (b) the adoption of the Act of 1 April 2022 amending the Social Penal Code to facilitate the use by social inspectors of discrimination tests by posing as a potential client or job applicant (the so-called “mystery shopping” procedure introduced by section 32 of the Act of 15 January 2018 containing various provisions on employment); (c) the adoption of the Royal Decree of 11 February 2019 establishing the conditions for affirmative action (see the Committee's comments below). In this regard, the Committee notes that the European Commission against Racism and Intolerance (ECRI) of the Council of Europe published, on 20 September 2022, conclusions on the implementation of its priority recommendations made in respect of Belgium in 2020. Noting that no combined evaluation of the federal and federated legal frameworks was initiated to prevent any gaps or inconsistencies, the ECRI encouraged the authorities to make every effort to ensure that a such an evaluation of the various legal frameworks was carried out without delay. In this regard, it echoed the findings of the Evaluation Committee, which emphasized, in its 2017 report, that all the anti-discrimination legislative instruments adopted, both at federal level and by the Regions and Communities, constituted a package that it would be appropriate to subject to an overall evaluation. The Committee notes the publication in June 2022 of the final report of the Evaluation Committee which now contains 73 recommendations aimed at: (a) improving data collection mechanisms; (b) improving the accessibility, consistency and clarity of the legal framework; (c) improving access to civil justice for victims of discrimination; (d) strengthening the role of the labour tribunal, the labour inspectorate and equality bodies in the processes of identifying and sanctioning discrimination; (e) improving the implementation of penal mechanisms to combat discrimination, hate speech and hate crime; and (f) developing preventive and proactive measures. In their observations, the CGSLB, CSC and FGTB emphasize three recommendations that they deem worthy of special attention: (a) the introduction, for public employers and large private enterprises, of a legal requirement to give reasons for selection, promotion and dismissal decisions internally, and to keep such reasons on file to make them accessible to social inspectors (recommendation No. 44); (b) the inclusion in anti-discrimination legislation of provisions establishing a system to prevent discrimination in employment relations, which should include a requirement for public and private employers to carry out a discrimination risk analysis, to draw up a prevention plan and to set up an internal complaints or reporting procedure (recommendation No. 62); and (c) the provision of technical improvements and greater visibility for affirmative action plans (recommendation No. 69). The Committee requests the Government to continue providing information on follow-up to the recommendations made by the Committee to Evaluate Federal Anti-Discrimination Legislation and on any measures taken or envisaged to carry out an overall evaluation of legislation at federal, Regional and Community level.

Article 1(1)(a). Discrimination on the basis of race, colour and national extraction. The Committee notes that, according to the 2020 annual report of the Interfederal Center for Equal Opportunities (Unia), 27.3 per cent of the 603 new employment-related cases concerned so-called “racial” criteria (perceived race, skin colour, extraction, nationality and national or ethnic origin). It also notes the Government's indication that the fourth edition of the report entitled “Socio-economic monitoring: labour market and origin”, published in 2019 by the Federal Public Service (FPS) for Employment, Labour and Social Dialogue and Unia, shows that discrimination remains systemic in the Belgian labour market. Despite a slight improvement in this regard, a person's origin remains an obstacle in the market: 46.5 per cent of persons of North African origin are in employment compared with 73.7 per cent of people of Belgian origin; and young people of foreign origin find work much less quickly than their peers of Belgian origin. According to the Government, the COVID-19 pandemic exacerbated this phenomenon from 2020 onwards, as migrant workers and workers of immigrant origin are over-represented in the occupations most affected by the pandemic (e.g., hospitality and construction) and, together with young people, are more likely to be on so-called “temporary” contracts (temporary work, fixed-term contracts, student and seasonal work). Finally, the Committee notes the concerns expressed by the United Nations Committee on the Elimination of Racial Discrimination (CERD) in its concluding observations, regarding the discrimination and many obstacles to entering the labour market faced by Roma (in particular women), people of African descent (who often face multiple discrimination based on their race, colour, sex, sexual orientation and religious beliefs), and nationals of countries outside the European Union (CERD/C/BEL/CO/20-22, 21 May 2021, paras 24 to 27). The Committee requests the Government to provide information on:

• (i)any specific measures taken to combat discrimination on the grounds of race, colour or national extraction, including through awareness-raising campaigns aimed at workers and employers; and
• (ii)the specific situation of Roma, people of African descent and workers from countries outside the EU in employment and occupation.

Discrimination on the basis of sex and/or gender. Sexism. Harassment based on sex. Sexual harassment. The Committee notes that in 2020 the Institute for the Equality of Women and Men (IEFH) received 350 reports concerning work situations: 58 per cent of them were concerned with sex-based discrimination (including questions relating to transgender persons). It also notes the publication, by the IEFH in 2021, of the results of the “#Youtoo?” national survey on sexual harassment in the workplace, which reveals that 9 per cent of women and 4 per cent of men have been victims of such harassment. Also noting the court decisions handed down in this area mentioned in the Government’s report, the Committee emphasizes that the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations adopted in 2022, expressed concern at the low number of cases of sexual harassment in the workplace investigated and where penalties were imposed (CEDAW/C/BEL/CO/8, 31 October 2022, para. 43). Noting that one third of reports in the area of employment are concerned with access to employment, the Committee welcomes the publication, by the IEFH in 2020, of two information brochures on “non-discriminatory access to employment for men and women”, providing practical information and advice for male and female job applicants, on the one hand, and for employers, on the other hand. The Committee requests the Government to provide information on:

• (i)any measures adopted at the national, regional and enterprise levels to tackle discrimination based on sex and/or gender, harassment based on sex, and sexual harassment in employment and occupation, with an indication of the extent to which workers’ and employers’ organizations participate in the formulation and implementation of these measures; and
• (ii)any complaints or cases of sexual harassment in the workplace handled by the IEFH, the labour inspectorate or the judicial authorities, and the outcome of these complaints.

Discrimination on the basis of sex and religion. The Committee notes that Unia and Myria (Federal Migration Centre), in their “parallel report” submitted to CEDAW in 2022, indicate that specific violence suffered by Muslim women is still insufficiently documented but that, according to an analysis of the reports received during the 2017–20 period, 90 per cent of victims of discrimination based on stereotypes linked to religion are Muslim and 76 per cent are women. According to the report, the rules regarding the wearing of religious symbols mainly affect Muslim women in the employment market and in education. The Committee also notes the concern expressed by the United Nations Human Rights Committee regarding the prohibition against the wearing of religious symbols at work, in certain public bodies, and by teachers and students at public schools (CCPR/C/BEL/CO/6, 6 December 2019, para. 17). The Committee requests the Government to remain alert to the potential discriminatory effects of the Act of 1 June 2011 (prohibiting the wearing in public places of any clothing which completely or mostly conceals the face) on the access and retention of Muslim women in the labour market and on the impact of the prohibition on the wearing of religious symbols in certain education institutions, and to provide information in this regard.

Articles 2 and 3. Promotion of gender equality in employment and occupation. Occupational segregation. The Committee notes the information provided by the Government in its report and in the report on the Equal Remuneration Convention, 1951 (No. 100), regarding the measures taken in the Regions and Communities to combat occupational segregation and gender-based stereotypes in education, training and vocational guidance. It also notes that in 2019 the IEFH reviewed the Act of 28 July 2011 aimed at guaranteeing at least a one-third presence for each sex on the boards of autonomous public enterprises (EPAs), the National Lottery and private enterprises listed on the stock exchange: between 2008 and 2017, the proportion of women on boards of directors in all surveyed enterprises rose from 8.2 to 26.8 per cent. In its “Report on the gender pay gap in Belgium” published in 2021, the IEFH recommends tackling “segregation at its root” by combating gender stereotypes from early childhood and then during training, vocational guidance and access to employment. As regards equal access to training, the CGSLB, CSC and FGTB emphasize that the right to paid educational leave (CEP), the aim of which is to enable men and women workers to undergo training during working hours while maintaining remuneration up to a certain ceiling, is mainly exercised by men (80 per cent in French-speaking areas and 63 per cent in Flemish areas). According to these trade unions, women are excluded de facto, probably because the CEP scheme is less accessible for persons working on a part-time basis. Lastly, the Committee notes that CEDAW expressed concern at the persistent gender segregation at all levels of education and the continued under-representation of women and girls in non-traditional fields of study and career paths, and also at the low number of women in high-level academic posts (CEDAW/C/BEL/CO/8, paragraph 41). The Committee requests the Government to continue providing information, including statistical data, on the measures taken and the results achieved regarding:

• (i)the representation of women in posts of responsibility in both the public and private sectors;
• (ii)their rate of employment in all economic sectors and occupations, particularly those in which they are under-represented; and
• (iii)the participation rate of girls and women in a wider range of training programmes, including vocational training programmes, to enable them to access jobs that offer greater possibilities of progression and promotion.

Gender mainstreaming in public policy. Promotion of gender equality in public procurement. The Committee notes the adoption of a new federal action plan on gender mainstreaming (2020–24) and notes that it sets out the federal policies that will be prioritized for gender mainstreaming, including: the right to training; improving workers’ wellbeing; combating work-related psychosocial problems; work-life balance; reforming leave schemes for parents; reintegration into an inclusive labour market; part-time work; remote working; monitoring diversity and discrimination at the sectoral level; recruitment, selection and mobility procedures within the public service; public procurement rules in light of corporate social responsibility; access to justice; and basic and continuous training for judges and judicial staff. The Committee requests the Government to provide information on gender mainstreaming in public policy, including on the action plan, particularly with regard to employment and awarding public contracts, specifying whether impact assessments have been undertaken and, if so, providing an indication of their outcomes.

Article 3(a). Collaboration with the social partners. Collective agreements. The Committee notes the Government’s indications that the social partners, through the joint committees and the collective labour agreements that they adopt, contribute to the fight against discrimination and to the implementation of diversity and equality policies at the interprofessional, sectoral and enterprise levels. The Committee also notes that, in 2018, the Government and the federated entities launched a new inter-federal action plan to combat discrimination and violence against LGBTI persons. In December 2018, the Minister for Employment asked the joint committees to prepare charters for their sectors to combat discrimination and for these charters to explicitly provide for action against homophobic and transphobic violence. The Government indicates that as of September 2020, some 17 committees covering around 20 per cent of workers had responded positively. The Committee also recalls that it had requested the Government to provide information on the desired amendments to collective agreement No. 95 in order to prevent discrimination on all of the grounds set out in the Convention, including religion and social origin. The Committee requests the Government to continue to provide information on:

• (i)the activities of the National Labour Council to promote non-discrimination and equality, including with regard to the possibility of amending collective agreement No. 95 to cover discrimination on all the grounds set out in the Convention and at all stages of employment;
• (ii)the concrete action taken by employers’ and workers’ organizations, particularly awareness-raising measures, to combat discrimination and promote equality in occupation and employment, without distinction on the basis of race, colour, sex, religion, political opinion, national extraction or social origin; and
• (iii)the action undertaken in collaboration with the social partners as part of the inter-federal action plan to combat discrimination and violence against LGBTI persons.

Article 5(2). Affirmative action measures. The Committee notes with interest the adoption of the Royal Decree of 11 February 2019 setting the conditions for the affirmative action, which it had called for in its previous comment. The Committee notes that the Decree sets strict conditions for the implementation of an affirmative action plan, namely: (a) the presence of clear inequality related to a protected criterion; (b) a well-defined objective; (c) a temporary duration (of a maximum of three years); (d) the proportionality of the measures with respect to their objective; and (e) the guarantee that the affirmative action measure does not unnecessarily restrict the rights of others. The Committee also notes that the Decree is only applicable to the private sector. The affirmative action plan must be established through a collective labour agreement or by an act of accession fixing the conditions for the affirmative action and is submitted for approval to the Minister of Labour. The Committee requests the Government to provide information on:

• (i)the affirmative action plans, or any other measures that aim to ensure full equality in employment and occupation, that have been implemented and their results; and
• (ii)any provisions that might allow for the adoption of similar measures in the public sector.

Enforcement of anti-discrimination legislation. Labour inspection. The Committee notes with interest the creation, in the social legislation supervisory body (CLS) of the labour inspectorate, of a team of labour inspectors specialized in investigations in cases of discrimination. The Committee notes the Government’s indication that the CLS has developed a fluid and fruitful partnership with Unia and the IEFH. It highlights the recommendations of the Evaluation Committee, in its final report published in June 2022, in particular: to strengthen efforts to provide training to judges and to the police and the labour inspection services; and to develop methods for identifying signs of discrimination in a case under examination and “warning signals” indicative of potentially discriminatory practices in enterprises and government departments. The Committee requests the Government to provide information on:

• (i)the action taken on the recommendations made by the Committee to Evaluate Federal Anti-Discrimination Legislation concerning the enforcement by the labour inspectorate of anti-discrimination legislation; and
• (ii)any anti-discrimination training provided to labour inspectors, judges and any other competent authority.

Bodies specialized in discrimination. The Committee welcomes the adoption of Act No. 2019012931 of 12 May 2019 establishing a Federal Institute for the Protection and Promotion of Human Rights and the Government’s indication that this constitutes a first step towards a national human rights institute such as that recommended by the Evaluation Committee in its report of 2017. However, the Committee notes the decision of the Flemish Government to withdraw in 2023 from the cooperation agreement on the establishment and operation of Unia and to establish its own anti-discrimination institution in Flanders. In this regard, it notes that the United Nations Committee for the Elimination of Racial Discrimination (CERD), in its concluding observations of May 2021, expressed its concern at this decision and recommended that the Government ensure the consolidation and strengthening of the work of Unia as an inter-federal institution that combats discrimination (CERD/C/BEL/CO/20-22, 21 May 2021, paras 9 and 10). The Committee also notes: (a) the concerns expressed, both by the Human Rights Committee and the Committee on Economic, Social and Cultural Rights of the United Nations, with regard to coordination between the different national institutions for the promotion and protection of human rights, including the fight against discrimination (CCPR/C/BEL/CO/6, paras 9 and 10; and E/C.12/BEL/CO/5, 26 March 2020, paras 7 and 8); and (b) the recommendation (No. 18) of the Evaluation Committee, in its report of 2022, concerning the necessary cooperation between Unia, IEFH and the future Flemish institution to allow individuals to receive the assistance that they need, including access to judicial procedures, without being hindered by the existence of multiple bodies. In this regard, the Committee emphasizes the importance of a clear and easily accessible legislative and regulatory framework to ensure effective protection against discrimination and offer support and easily identifiable remedies to potential victims so that they can obtain prompt redress. The Committee requests the Government to provide information on the steps taken to ensure effective coordination between the different entities responsible, at both federal and state levels, with regard to discrimination in employment and occupation.

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

The Committee notes the joint observations submitted on 1 September 2022 by the General Confederation of Liberal Trade Unions of Belgium (CGSLB), the Confederation of Christian Trade Unions (CSC) and the General Labour Federation of Belgium (FGTB).

Article 1(1)(a) of the Convention. Discrimination on the basis of sex and/or gender. Pregnancy and maternity. The Committee notes with interest the adoption on 4 February 2020 of the Act amending the Act of 10 May 2007 to combat gender discrimination, extending the prohibition of discrimination to new protected criteria, namely, paternity, co-maternity, breastfeeding, adoption, medically assisted procreation and sexual characteristics, the main objective being to give greater visibility to situations relating to maternity or the desire for maternity. The Committee welcomes the publication of a leaflet to inform working parents and pregnant workers of their rights and the support they can obtain from the Institute for the Equality of Women and Men (IEFH) and the labour inspectorate (the Social Legislation Supervisory Directorate) and notes the many court rulings following complaints lodged by or in collaboration with the IEFH (some of which resulted in an amicable settlement). In this regard, the Committee notes that, in its concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern as to the high number of complaints about employment discrimination based on pregnancy and maternity (CEDAW/C/BEL/CO/8, 31 October 2022, paragraph 43). It notes that in 2020, 36 per cent of the 350 reports concerning work situations received by the IEFH involved discrimination related to pregnancy and maternity. As indicated by the IEFH in its 2020 progress report, cases of discrimination and unequal treatment on the grounds of pregnancy, maternity or the desire to have a child remain a major problem in Belgian society, a finding shared by the CGSLB, CSC and FGTB in their observations. The Committee requests the Government to continue to support and take practical steps to prevent and eliminate discrimination on the grounds of pregnancy, maternity and/or the desire for maternity, in particular by stepping up labour inspections and by conducting information and awareness-raising activities among workers, employers, their respective organizations and the general public. The Government is also requested to continue providing information on cases of discrimination in employment and occupation dealt with by the IEFH, the labour inspectorate and the courts, as well as on the outcome of any legal proceedings initiated in this regard, indicating the sanctions imposed and the compensation awarded.

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

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

Articles 1 to 3 of the Convention. Federal anti-discrimination legislation. The Committee welcomes the evaluation of the federal legislation on combating discrimination (the Act of 10 May 2007 amending the Act of 30 July 1981 punishing certain racist or xenophobic acts (the Anti-Racism Act) and the Act of 10 May 2007 to combat certain forms of discrimination (the Anti-Discrimination Act) and the Act of 10 May 2007 on gender discrimination between men and women envisaged by the law and carried out by a committee of experts comprised of members of the judiciary, the Bar and the National Labour Council (including representatives of workers’ and employers’ organizations). This evaluation resulted in the publication of a report in February 2017 containing a number of recommendations and comments. The Committee also welcomes the publication in February 2017 by Unia (the Interfederal Centre for Equal Opportunities, previously the Centre for Equal Opportunity and Action to Combat Racism (CECLR)) of its own evaluation report on federal anti discrimination and anti-racist laws, based on its practical experience and expertise, and on Belgian jurisprudence, which also sets out several recommendations. The Committee asks the Government to provide information on the follow-up to the findings and recommendations contained in the evaluation reports, and on any steps taken or envisaged to strengthen the application and effectiveness of the anti-discrimination legislation at federal level.

Article 1(1)(a). Discrimination on the basis of race, colour and national extraction. The Committee notes that, according to the annual Unia report of 2016, of the 504 new cases opened relating to employment, the cases concerning so-called “racial” criteria (perceived race, skin colour, nationality, ethnic or national origin or ascendance) account for around a third. It also notes that the report entitled “Socio-economic monitoring 2015: Labour market and origin”, published by the Federal Department of Employment, Labour and Industrial Relations and the Centre for Equal Opportunity and Action to Combat Racism (Unia), demonstrates that the disadvantaged position of persons of foreign origin in the labour market is partly attributable to the process of discrimination and to negative attitudes towards them. The report emphasizes that the existence of discrimination in the labour market has been demonstrated on many occasions in recent years, both at recruitment level and during employment, and that the public sector can act as an example in this respect. The report also contains recommendations concerning labour market reform, in-service training and education (which should be more inclusive) and diversity policies (which should be structurally incorporated into human resources policies, in cooperation with the social partners). In this respect, the Committee also notes the concerns expressed by the United Nations Committee on the Elimination of Racial Discrimination (CERD) in its concluding observations, according to which, “despite numerous measures taken by the State party at the federal, regional and community levels, migrants and persons of foreign origin continue to face obstacles to the full enjoyment of economic, social and cultural rights” and “persons of foreign origin, especially those from non European Union countries, face structural discrimination in the field of employment, where ‘ethnic stratification’ seems to exist”. The Committee also notes the concerns expressed by CERD regarding the persistent social exclusion and direct and indirect discrimination faced by Roma regarding the enjoyment of economic, social and cultural rights (CERD/C/BEL/CO/16-19, 14 March 2014, paragraphs 15 and 18). In light of the foregoing, the Committee asks the Government to provide information on any specific steps taken to combat discrimination on the basis of race, colour or national extraction, particularly by means of awareness-raising campaigns aimed at workers and employers, as well as information on the follow-up to the recommendations set out in the “Socio-economic monitoring 2015: Labour market and origin” report. The Committee asks the Government to provide information on the specific situation of Roma in employment and occupation, including with regard to access to education and vocational training for Roma children and young persons, and on the implementation and outcome of the National Strategy for the Integration of Roma adopted in 2012 in the area of education, training and employment.

Discrimination on the basis of sex and religion. With regard to the implementation of the Act of 1 June 2011 prohibiting the wearing in public places of any clothing which completely or mostly conceals the face, the Committee notes the Government’s indication that the Belgian Constitutional Court considered that the Act could indeed “have restrictive consequences with regard to the exercise by certain Muslim women of certain of their fundamental freedoms. [However,] the restriction on their rights is not disproportionate to the objectives pursued and responds to the need of a democratic society. It is, therefore, reasonably justified not to provide differentiated treatment for this category of persons” (Ruling No. 145/2012 of 6 December 2012). The Government also indicates that Unia has not received any complaints by persons wearing the full veil regarding access to the labour market. The Committee also notes that in Flanders, since 1 September 2013, the wearing of religious symbols has been prohibited in education institutions financed by the Flemish Government. The Committee asks the Government to remain alert to the potential discriminatory effects of the Act of 1 June 2011 on the access and retention of Muslim women in the labour market, and to provide information on any assessment of the impact of the prohibition on the wearing of religious symbols in education institutions financed by the Flemish Government on the female students concerned.

Articles 2 and 3. Promotion of gender equality in employment and occupation. Occupational segregation. With regard to the affirmative action measures prescribed in law for the promotion of gender equality in access to posts of responsibility, in the public and private sectors, the Committee welcomes the Government’s indication that the proportion of women on the boards of directors of enterprises listed on the stock exchange doubled between 2011 and 2014, rising from 11 to 22.4 per cent, and from 7.5 to 18 per cent between 2008 and 2013 in smaller enterprises. The Government also indicates that, following the progressive introduction of a gender balance quota, 32 per cent of women occupied a post of responsibility in the public service in 2015. The Committee asks the Government to continue providing information, including statistics, on the results achieved within the framework of the initiatives to increase women’s participation in posts of responsibility in the federal administration and on the boards of directors in public enterprises and enterprises listed on the stock exchange. The Committee asks the Government to provide information on any new steps taken or envisaged to increase women’s participation rate in the economic sectors and occupations in which they are under-represented, including a wider range of vocational training programmes to enable them to access jobs that offer greater possibility of progression and promotion.

Gender mainstreaming in public policy. Promotion of gender equality in public procurement. The Committee notes the information provided by the Government on gender mainstreaming in public policies within the framework of the Act of 12 January 2007, particularly through the establishment of an interdepartmental coordination group, provided for in law and the adoption of the “gender test” by the Federal Government to assist lawmakers in evaluating the impact on men and women, based on sex-disaggregated data. The Committee welcomes the adoption of a new federal plan on the implementation of “Gender Mainstreaming” (2015–19) and notes that it sets out, inter alia, the commitment to include gender mainstreaming in measures concerning awareness raising and training on the prevention of occupational psychosocial risks and the modernization of labour law, including flexible working hours and teleworking, and in general reflection on career development. At other levels, the Committee further notes the adoption of the Ordinance of 29 March 2012 on gender mainstreaming in the Brussels-Capital Region and of the Decree on gender mainstreaming of 11 April 2014 in the Walloon Region, which provide for account to be taken of gender equality within the framework of public procurement and subsidies. The Committee asks the Government to continue providing information on the implementation of gender mainstreaming in public policy, including in action plans, concerning, in particular, the areas of employment and public procurement, specifying whether impact assessments of this mechanism have been carried out and, if so, providing details on the results obtained.

Article 3(a). Collaboration with the social partners. Collective agreements. The Committee notes the Government’s indications that joint committees have addressed the issues of combating discrimination and promoting diversity in collective labour agreements. However, the Committee recalls that it invited the Government to take the necessary steps to encourage the social partners to review the list of prohibited grounds of discrimination set out in collective agreement No. 95 of 10 October 2008 on equality of treatment at all stages of employment so as to include religion and social origin. It also emphasized the 2010 recommendation of the CECLR (now Unia) that the Non discrimination Code of Practice annexed to collective agreement No. 38 of 6 December 1983 on the recruitment and selection of workers might be adopted in its entirety and supplemented, to be appended to collective agreement No. 95. The Committee notes the Government’s indication that the National Labour Council has not acted upon this recommendation but that, on the occasion of the examination of several regulatory texts, the Council supported the principle of non-discrimination, particularly by taking into consideration the question of anonymous CVs and affirmative action measures. The Committee asks the Government to continue providing information on the activities of the National Labour Council to promote non-discrimination and equality, including with regard to the possibility of amending collective agreement No. 95 to cover discrimination on all the grounds set out in the Convention, including religion and social origin, at all stages of employment. The Committee also asks the Government to continue providing information on the practical measures taken by employers’ and workers’ organizations, particularly awareness-raising measures, to combat discrimination and promote equality in occupation and employment, without distinction on the basis of race, colour, sex, religion, political opinion, national extraction or social origin.

Article 5(2). Affirmative action measures. The Committee notes the brief information provided by the Government regarding the Flemish Policy on proportional participation in employment and on diversity. It also notes that the Royal Decrees provided for in the Act of 10 May 2007 to combat certain forms of discrimination (the Anti-discrimination Act) and the Act of 10 May 2007 amending the Act of 30 July 1981 punishing certain racist or xenophobic acts (the Anti-Racism Act) have not been adopted. The Committee notes that this means that possible situations and conditions in which affirmative action measures for the prevention or reparation of the disadvantages relating to one of the protected grounds may not be identified and affirmative action measures therefore not implemented. In this respect, the Committee notes that the need to implement affirmative action measures to combat discrimination, such as numerical targets, and to adopt the Royal Decrees establishing anti-discrimination procedures was emphasized in the above 2015 socio-economic monitoring report. In the absence of information on this subject in the Government’s report, the Committee once again asks the Government to provide information on the progress made in the adoption of these texts and on the application in practice of any affirmative action measures with the objective of ensuring full equality in employment and occupation without distinction on the basis of race, colour, sex, religion, political opinion, national extraction or social origin.

Enforcement of anti-discrimination legislation. Labour inspection. The Committee welcomes the adoption by the Chamber of Representatives of the Federal Resolution of 2 July 2015 regarding the introduction of targeted inspections on discrimination in the labour market. This Resolution calls on the Government to promote ownership by the social partners, particularly by encouraging them to formulate binding codes of best practice in all sectors and self-monitoring systems in both the public and private sectors, and to strengthen enforcement by the labour inspectorate of the application of anti-discrimination legislation. The Committee also welcomes Unia’s recommendation No. 165 of 31 March 2017 (“Research and monitoring regarding discrimination in labour relations by the federal labour inspectorate”), which recommends the following steps: (i) the collection of data relating to discrimination and the development of algorithms for the identification of typical patterns of discrimination; (ii) the development of a legal framework empowering the labour inspectorate, or a third party designated by the labour inspectorate, to carry out situation testing; (iii) the requirement for public bodies and medium and large enterprises to keep for a year all information regarding recruitment and to provide reasons, at the enterprise level, for all decisions of selection, promotion and dismissal; (iv) the establishment of a new team of “workplace discrimination inspectors” (public and private sectors) and competence for the prevention of psychosocial risks, including sexual or other harassment, and for investigation. Emphasizing the crucial role of the labour inspectorate in detecting and addressing cases of discrimination in employment and occupation, the Committee asks the Government to provide information on any action taken following Unia’s recommendations on the enforcement by the labour inspectorate of the anti discrimination legislation, and particularly on the establishment of posts for inspectors specializing in discrimination and the outcome of the collaboration between the labour inspectorate and Unia, and of any other collaboration between the labour inspection services and other bodies responsible for combating discrimination.

Bodies specialized in discrimination. The Committee welcomes the transformation in 2014 of the CECLR into a federal body, now known as “Unia”, of which the anti-discrimination competence now extends to the regions and communities. It also welcomes the conclusion in 2016 by the Institute for the Equality of Women and Men (IEFH) of a protocol with the Brussels-Capital Region and another with the German-speaking community designating the IEFH as the body for promoting equality and combating gender discrimination at these levels. The Committee asks the Government to continue providing information on collaboration with these bodies and on any legislative, administrative or practical action taken on their recommendations to combat effectively all discrimination on the grounds prohibited by anti-discrimination legislation. It also asks the Government to provide information on any measures envisaged to designate a body responsible for addressing discrimination on the basis of language, which is prohibited by law.

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

Article 1(1)(a) of the Convention. Discrimination on the basis of sex and/or gender. Sexism, harassment based on sex and sexual harassment. Violence. The Committee notes that in 2015 the Institute for the Equality of Women and Men (IEFH) received 36 reports of sexual harassment (in comparison with six in 2014) and 74 of sexism (in comparison with 58 in 2014). The Committee notes with interest the adoption of the Act of 22 May 2014 to combat sexism in public places and amending the Act of 10 May 2007 to combat gender discrimination with a view to criminalizing discrimination. The Committee notes that the Act establishes a prison sentence and/or a fine in the case of discrimination in the field of labour relations. It also welcomes the publication and dissemination by the IEFH of an awareness-raising and information leaflet on this subject. With regard to sex-based harassment and sexual harassment, the Committee also notes with interest the adoption of: (i) the Act of 28 February 2014 supplementing the Act of 4 August 1996 on the welfare of workers in the performance of their work in relation to the prevention of psychosocial risks in the workplace, including violence, harassment or sexual harassment at work; and (ii) the Act of 28 March 2014 amending the Judicial Code and the Act of 4 August 1996 on the welfare of workers in the performance of their work, in relation to judicial procedures. These Acts strengthen prevention measures, define the roles of all the stakeholders (employers, workers, line managers, occupational prevention and protection committees, prevention advisers, and trusted persons) and specify the internal procedures available to workers for seeking psychosocial assistance. The Committee welcomes the implementation of a national campaign from 2012 to 2014 for the prevention of all psychosocial risks, the evaluation of which has revealed that its various target populations have acquired a better knowledge of these risks. The Committee asks the Government to provide information on any measures adopted at the national, regional and enterprise levels under the Acts of 2014 to address and eliminate sexism, sex-based harassment, sexual harassment and violence in employment and occupation, with an indication of the extent to which workers’ and employers’ organizations participate in the formulation and implementation of these measures. The Committee also asks the Government to continue providing information on any complaints or cases of sexual harassment in the workplace handled by the IEFH, the labour inspectorate or the courts, and on the outcome of these complaints.

Pregnancy and maternity. The Committee notes that the proportion of reported cases of discrimination on grounds of pregnancy have been high for several years and recalls that it asked the Government to take measures to prevent and eliminate this type of discrimination in employment and occupation. The Government reports that, in the context of the supervision of social legislation (labour inspection), pregnancy and/or maternity are rarely the subject of complaints. However, the Committee notes that, according to the 2016 IEFH interim report, the total number of reports received of discrimination based on sex and/or gender increased again in 2016 (by 18 per cent from 2015), and in particular the number of complaints increased by 49 per cent. The majority of reports are from women (59 per cent) and concern discrimination in employment, and more than a third (39 per cent) of complaints and requests for information in the context of employment received by the IEFH in 2015 were in relation to pregnancy. Furthermore, according to the IEFH study “Pregnancy and maternity at work: Experiences of women candidates and workers and self-employed women in Belgium”, three out of four women workers have faced at least one form of discrimination, prejudice, unequal treatment or stress at work as a result of pregnancy or maternity. In this respect, the Committee welcomes the launch in October 2017 by the IEFH of an awareness-raising campaign on discrimination related to pregnancy and maternity, known as “Mum’s staying on board”, which included the dissemination of an information guide “Pregnancy at work. A guide for women workers and for employers for treatment free of discrimination” and the organization of a study day on the subject in November 2017. The Committee asks the Government to provide information on the action taken following the findings of the IEFH study “Pregnancy and maternity at work”. In view of the scale of the problem, the Committee asks the Government to continue to support and implement practical initiatives to prevent and eliminate discrimination on the basis of pregnancy and maternity, particularly by strengthening labour inspections, and undertaking information and awareness-raising steps for men and women workers, employers, their respective organizations and the general public. The Government is also asked to continue providing information on the cases of discrimination examined by the IEFH, the labour inspectorate and the courts and on the outcome of any court proceedings, identifying the penalties imposed and the compensation awarded.

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

Discrimination on the basis of sex. Pregnancy and maternity. The Committee previously noted the publication in June 2010 by the Equality between Men and Women Institute (IEFH) of a study entitled “Pregnancy at work: Experience and obstacles encountered by women workers in Belgium”, which concluded that pregnant workers are indeed victims of discrimination at work. The Committee notes the Government’s indication that the number of complaints concerning pregnancy as a proportion of the total number of complaints regarding employment for 2009, 2010 and 2011 remains very high (43.18 per cent, 42.4 per cent and 33.5 per cent, respectively). The Committee requests the Government to take concrete steps to prevent and eliminate discrimination on the basis of pregnancy or maternity in employment or occupation. The Government is also requested to continue to supply information on cases of discrimination relating to pregnancy or maternity handled by the IEFH, the labour inspectorate and the courts, and the results thereof, including the sanctions imposed and remedies provided.

Discrimination on the basis of sex and religion. The Committee notes the adoption on 1 June 2011 of the Act prohibiting the wearing of any clothing that entirely or largely conceals the face. Noting that the implementation of this Act might be discriminatory towards Muslim women who wear a full-face veil in terms of their possibilities of finding and exercising employment, the Committee requests the Government to supply information on the application of the Act in practice, including the number of women who might be affected.

Sexual harassment. The Committee notes from the Government’s report that the number of complaints concerning sexual harassment received by the IEFH considerably increased between 2009 and 2011 (seven against 41, respectively). The Committee requests the Government to supply information on any measures taken to prevent sexual harassment in the workplace and combat this discriminatory practice and on any complaints or cases of sexual harassment in the workplace which have been handled by the IEFH, the labour inspectorate or the judicial authorities and the outcome thereof.

Articles 2 and 3. Promoting gender equality in employment and occupation. Occupational segregation. The Committee notes that the figures in the 2012 report on the “Gender pay gap in Belgium” published by the IEFH show that considerable gender segregation persists in the labour market, both horizontal (men and women are concentrated in different occupations and sectors of activity) and vertical (women are under-represented in managerial positions). As regards vertical occupational segregation, the Committee notes the information supplied by the Government on the “Top Skills” project regarding the increase in the number of women applying for managerial posts and the steps taken by participants to improve their chances of obtaining managerial posts. It also notes the promulgation on 28 July 2011 of an Act establishing a quota of one third for women on the executive boards of public enterprises (as from the entry into force of the Act) and of companies listed on the stock exchange (within a period of six to eight years). The Committee welcomes the adoption on 2 June 2012 of the Royal Order modifying the Royal Order of 2 October 1937 establishing the status of state employees, which aims at promoting the participation of women to high level posts in the civil service. The Committee requests the Government to supply information on the specific measures taken or foreseen to improve the participation rate of women in economic sectors and occupations in which they are under-represented, particularly their participation in a wider range of vocational training courses giving them access in particular to jobs that offer possibilities of advancement and promotion. The Government is also requested to continue to supply information, including statistics, on the results achieved in the context of initiatives aimed at improving the rate of participation of women in managerial posts in the federal administration, and to send information on the implementation and impact of the Act of 28 July 2011 stipulating that at least one third of the members of executive boards of public enterprises and of companies listed on the stock exchange must be of the same sex.

Discrimination on the basis of race, colour, national extraction or religion. The Committee notes that, according to the annual report for 2011 of the Centre for Equal Opportunities and Action against Racism (CECLR), a total of 35 per cent of “employment” cases handled by the Centre are concerned with allegations of racial discrimination, mainly with respect to recruitment. The Committee also notes that the CECLR has sponsored a study on cultural diversity in the workplace which examines what reasonable adjustments have been made on the basis of religious or philosophical convictions in the public and private sectors, and that it is planned to sponsor a follow-up study with a view to finding a reference framework and suitable methods for arriving at a procedure for consultation on this subject. The Committee requests the Government to provide information on the specific steps taken to prevent discrimination on the basis of race, colour, national extraction or religion in employment or occupation. It also requests the Government to provide information on the following points:

• (i) the implementation of the CECLR’s triennial strategic plan for 2011–13, with specific reference to employment and occupation;
• (ii) the conclusions of the follow-up study on cultural diversity sponsored by the CECLR concerning consultation on reasonable adjustments made on the basis of religious or philosophical convictions;
• (iii) the implementation and impact of the “Equality and Diversity” label in companies; and
• (iv) any other measure taken to ensure that ethnic minorities have equal access to vocational guidance and training and to placement services in the private and public sectors.

The Committee requests the Government to supply information on the situation of Roma persons in employment and occupation, including as regards access to education and vocational training for Roma children and young persons.

Affirmative action measures. The Committee previously noted that the adoption of royal orders was provided for by the Anti-Discrimination Act of 10 May 2007 and the Act of 10 May 2007 amending the Act of 30 July 1981 concerning the suppression of certain acts motivated by racism and xenophobia, in order to determine the cases and conditions in which affirmative action measures to prevent or compensate for disadvantages in relation to one of the protected criteria might be implemented. The Committee understands that the royal orders for implementing the anti-discrimination legislation have not yet been adopted and requests the Government to provide information on the status of the adoption of these orders and on the implementation in practice of any affirmative action measures intended to ensure full equality in employment and occupation without any distinction made on the basis of race, colour, sex, religion, political opinion, national extraction or social origin.

Collaboration with the social partners. Collective agreements. The Committee notes the Government’s indication that 38 collective agreements in force contain clauses aimed at combating discrimination and promoting diversity, and that particular attention has been paid in recent years to the suppression of any age-related discrimination in the area of wage fixing. The Committee also notes the adoption of collective agreement No. 99 concerning the level of pay for workers with disabilities, the objective of which is to guarantee that such workers receive remuneration equivalent to that fixed by one or more collective agreements concluded at the inter-occupational, sectoral or enterprise level or through customary practice and applicable to the staff category to which the disabled worker belongs.

In its previous request the Committee invited the Government to take the necessary measures to encourage the social partners to review the list of prohibited grounds of discrimination in collective agreement No. 95 so as to include religion and social origin. It also emphasized the CECLR recommendation according to which the code of practice annexed to collective agreement No. 38 could be taken up in its entirety and supplemented with a view to being appended to collective agreement No. 95, thereby covering all stages of the employment relationship. The Committee notes the Government’s indications that the comments will be forwarded to the National Labour Council. It also notes that the discussion has been deferred until the next interoccupational agreements to enable the social partners, in collaboration with the CECLR, to draw up good practices to incorporate in the code of conduct. The Committee welcomes the conclusion on 3 October 2011 of a collective agreement concerning the code of good practices aimed at preventing discrimination, which applies to temporary work agencies and temporary workers. The Committee requests the Government to supply information on the follow-up action taken by the National Labour Council on the CECLR recommendation concerning the drawing up of a code of conduct as an annex to collective labour agreement No. 95 with a view to preventing discrimination at all stages of the employment relationship. The Committee further requests the Government to provide information on the specific action taken by employers’ and workers’ organizations, especially in terms of awareness raising, to combat discrimination and promote equality in employment and occupation without any distinction made on the basis of race, colour, sex, religion, political opinion, national extraction or social origin.

Promoting gender equality in the award of contracts involving public expenditure. The Committee notes the Government’s indication that it is planned that the IEFH will conduct an evaluation of the implementation and impact of the recommendations on gender equality in public contracts which have been disseminated to public procurement officials in the federal administration further to the adoption of the Act of 12 January 2007 on gender mainstreaming in federal policies. The Committee also notes that the “gender test” provided for by the Act in order to evaluate the impact of draft legislation and regulations on the respective situations of men and women has not yet been established and that the IEFH is collaborating with other federal departments in the creation of a more comprehensive impact evaluation instrument which would include a gender component. It further notes the Government’s statement that gender mainstreaming coordinators have been appointed in all federal public services and public planning services and that the plan for gender mainstreaming in all policies and monitoring mechanisms will be adopted once the next government with full powers takes up office. The Committee requests the Government to continue providing information on the implementation of the Act of 12 January 2007 and its impact in practice on gender equality in employment and occupation, with particular reference to the following:

• (i) the establishment of the “gender test” or a more comprehensive impact evaluation instrument which includes a gender component;
• (ii) the activities of gender mainstreaming coordinators responsible for monitoring the process of gender mainstreaming in public contracts; and
• (iii) the drawing up of the plan of action for gender mainstreaming in all public policies and the recommendations made in the interim reports and reports at the end of the legislature to improve the effect given to the Act.

Enforcement of anti-discrimination legislation and complaints. The Committee notes the information provided by the Government on the complaints received by the “labour legislation monitoring inspectorate” and on inspections of private employment agencies made by the Flemish labour inspectorate. The Committee also notes the signing of a cooperation agreement “labour legislation monitoring inspectorate” on 22 October 2010 between the CECLR and the labour inspectorate with a view to improving the handling of complaints concerning discrimination at work, especially through information exchange, inquiries, training of inspectors and awareness raising. The Committee requests the Government to continue providing information on the number and nature of the complaints of discrimination in employment and occupation received by the CECLR, the IEFH, the “labour legislation monitoring inspectorate”, and the labour inspectorates of Flanders, Wallonia and Brussels, with an indication of the follow-up action taken (warnings, penalties, etc.), and also information on reports of infringements of the anti-discrimination legislation. The Committee further requests the Government to provide information on the results of the cooperation between the CECLR and the “labour legislation monitoring inspectorate” and also on any other collaboration planned between the labour inspection departments and the specialized anti-discrimination bodies. The Government is also requested to supply information on any training given to labour inspectors to improve their capacity to detect and address discrimination in employment and occupation.

Statistics. The Committee notes the indication in the CECLR annual report for 2010 that the socio-economic monitoring project for identifying the positioning of persons of foreign origin in the labour market is still being developed. The Committee requests the Government to provide information on the establishment of the system of socio-economic monitoring and its operation and to supply the statistical data compiled on the composition of the workforce disaggregated by sex and origin.

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

Article 1(1)(a) and (b) of the Convention. Grounds of discrimination. Legislation. The Committee notes that the Act of 30 December 2009 issuing various provisions added “trade union beliefs” to the list of grounds of discrimination prohibited by the Act of 10 May 2007 to combat certain forms of discrimination. It also notes the adoption of the Decree of the French Community of 12 December 2008 to combat certain forms of discrimination, repealing the Decree of 19 May 2004, which prohibits any discrimination on grounds of nationality, supposed race, skin colour, national or ethnic extraction or origin, age, sexual orientation, religious or philosophical beliefs, disability, sex and the related criteria of pregnancy, confinement and maternity, as well as sex change, civil status, birth, wealth, political views, language, current or future state of health, a physical or genetic characteristic or social origin. Finally, the Committee notes that the Decree of the Flemish Authorities of 10 July 2008 establishing the framework for the Flemish policy of equality of opportunity and treatment covers the following grounds of discrimination: sex, age, sexual orientation, civil status, birth, wealth, religious or philosophical beliefs, political views, language, state of health, disability, physical or genetic characteristics, social position, nationality, race, skin colour, national or ethnic origin or extraction. The Committee notes this information with interest and requests the Government to provide information on the application of these provisions in practice.

Discrimination on the ground of sex. In its previous comments, the Committee expressed concern at the increasing amount of litigation on grounds of discrimination linked to pregnancy, confinement and maternity. According to the last activities report of the Institute for Equality between Women and Men (IEFH), this trend has been confirmed, as in 2008 the amount of litigation on this issue increased by 44 per cent in relation to 2007. The Committee welcomes the publication in June 2010 by the IEFH of a study entitled “Pregnancy at work: Experience and obstacles encountered by women workers in Belgium”, which gives an overview of the situation. The study concludes that pregnant workers are indeed victims of discrimination at work. It points to a lack of information on the legislation among pregnant women, their colleagues and employers and, as a result, this type of discrimination has become widespread. The Committee further notes that the IEFH has initiated several prosecutions jointly with the plaintiffs in cases where complaints have been made. The Committee requests the Government to provide information on the measures adopted, including those based on the findings and results of the study published by the IEFH, with a view to effectively combating discrimination related to pregnancy, confinement and maternity, including upon return to work following maternity leave. The Government is also asked to continue to provide information on the cases of discrimination related to pregnancy and maternity dealt with by the IEFH and the outcome of the litigation.

Sexual harassment. The Committee requests the Government to provide information on any measure adopted to prevent sexual harassment at the workplace and to combat this discriminatory practice, and on any complaint of sexual harassment at work dealt with by the IEFH or the judicial authorities.

Articles 2 and 3. Promoting equality between men and women in employment and occupation. The Committee notes that, according to the statistics published by the IEFH in the publication entitled Femmes et hommes en Belgique, 2006 edition, the proportion of men on the labour market is clearly higher than that of women (73.6 per cent compared with 58.3 per cent). These data also show a persistence of the horizontal and vertical segregation of men and women, as men and women are concentrated in different occupations and sectors and women are under-represented in managerial positions. While noting the many awareness-raising activities undertaken by the IEFH, the Committee requests the Government to provide information on the specific measures adopted or envisaged to combat occupational segregation between women and men in the labour market, and particularly the measures adopted in the field of vocational guidance and training. It also requests the Government to provide recent statistics on the participation of women and men in the labour market by economic sector.

Employment of women in the public service. The Committee notes the information provided by the Government according to which various activities have been undertaken by the federal administration or are currently being implemented (the operation of the Felink network, the “Top Skills” project) with a view to increasing the participation of women in positions of responsibility in the public service. According to Government data, the proportion of women entering competitions for positions of responsibility has increased (by 9 per cent for French-speaking positions and 3 per cent for Dutch-speaking positions), and the participation of women in these positions increased on average from 13.73 per cent in 2007 to 14.61 per cent in 2009. Taking due note of this information, the Committee encourages the Government to pursue and intensify its efforts to encourage the access of women to high-level positions in the public service. The Government is requested to continue providing information on the measures adopted in this respect and on their impact on the employment of women in the public service.

Discrimination on grounds of race, colour or national extraction. The Committee notes that in 2008 the Centre for Equal Opportunities and the Fight against Racism (CECLR) dealt with 380 new cases reported in the context of labour and employment (working conditions, recruitment and dismissal) and that half of these cases concerned grounds prohibited by the Act of 10 May 2007 to combat racism. According to the Government’s report, jobseekers with other ethnic origins are often confronted with involuntary and indirect forms of discrimination. The report emphasizes that a large number of job vacancies continue to ask for candidates whose mother tongue is French or Dutch, when in fact what is being sought is applicants with a very good command of one or other of these languages. In its report on Belgium, adopted on 19 December 2008, the European Commission against Racism and Intolerance (ECRI) also emphasized “the persistence of racial discrimination in employment, whether it is direct or indirect and whether it relates to access to employment or to conditions of employment (CRI (2009) 18)”. The Committee also notes that strengthened collaboration between the CECLR and the labour inspectorate, resulting in a greater number of inspections of employment agencies and temporary work agencies, has led to the identification of cases of discrimination based on ethnic origin, race and colour. Moreover, since the beginning of 2009, the CECLR has opened 48 cases of reported discrimination concerning temporary work and employment agencies, whether or not the discrimination was at the instigation of the client enterprises. With regard to the action taken at various levels to promote equality between workers without distinction on grounds of race, colour or national extraction, the Committee notes the Government’s indications concerning the “Equality and diversity” label according to which the project is being continued and the annual verification of the implementation and improvement of the action taken at the enterprise level to promote diversity is carried out by means of external audits. It also notes the many awareness-raising and training activities undertaken by the CECLR and its recommendations and opinions, intended for political decision-makers as well as the social partners. The Committee once again requests the Government to provide information on the following points:

(i)    the implementation of the CECLR’s triennial strategic plan 2008–10 and its impact;

(ii)   the implementation and results achieved by the action plan for diversity to promote ethnic minorities in four industrial sectors in Flanders; and

(iii)  any other measure taken to ensure that ethnic minorities have equal access to vocational guidance and training and to placement services in the private and public sectors.

Affirmative action measures. The Committee notes that the anti‑discrimination laws of 10 May 2007 envisage the adoption of royal orders to determine the cases and conditions in which affirmative action measures to prevent or compensate for disadvantages in relation to one of the protected criteria may be implemented. The Committee requests the Government to provide information on the adoption of these orders and on the implementation of any affirmative action measures intended to ensure full equality in practice and their impact.

Collaboration with the social partners. The Committee notes that on 10 October 2008 workers’ and employers’ organizations in the National Labour Council concluded collective agreement No. 95 respecting equality of treatment at all stages of the employment relationship. The Committee observes that this collective agreement defines equality of treatment as being “the absence of any discrimination on grounds of age, sex or sexual orientation, civil status, medical background, race, colour, national or ethnic extraction or origin, political or philosophical beliefs, disability, membership of a trade union organization or of any other organization”. On that date, the social partners also concluded a collective agreement amending collective agreement No. 38 of 6 December 1983 on the recruitment and selection of workers with a view to adapting its clauses respecting equality of treatment and annexing a “Code of practice on equality of treatment in the recruitment and selection of workers”, which emphasizes the will of the social partners to reinforce the “participation of groups at risk on the labour market” and to work for diversity. The Committee notes that the code contains recommendations intended for joint commissions (awareness raising and dissemination of good practices) and individual employers, who are invited to comply with a number of guidelines concerning, among other matters, recruitment channels and procedures (neutrality of vacancy announcements, reasonable adaptations for persons with disabilities, etc.), the specified requirements of the job, evaluation and possible complaints by applicants. The Committee notes that in August 2010 the CECLR issued recommendations intended for the social partners and the Ministry of Employment and Equality of Opportunity calling for the code of practice annexed to collective agreement No. 38 to be wholly reviewed and supplemented with a view to its attachment to collective agreement No. 95 so that it covers all stages of the employment relationship. While welcoming the initiatives taken by the social partners for the promotion of equality, the Committee invites the Government to take the necessary measures to encourage the social partners to review the list of prohibited grounds of discrimination so as to include religion and social origin, and requests it to indicate any developments in this respect. It requests the Government to provide information on the action taken as a result of the CECLR recommendation concerning the formulation of a code of practice to be appended to collective agreement No. 95 with a view to preventing discrimination at all stages of the employment relationship. Finally, please provide information on any measures adopted to combat discrimination and promote equality in employment and occupation under the terms of the inter-occupational agreement 2009–10.

Promoting equality when granting contracts involving public expenditure. The Committee notes the detailed information on the activities carried out by the IEFH following the adoption of the Act of 12 January 2007 on gender mainstreaming in all federal policies with a view to the provision of training, raising the awareness of politicians and those responsible for federal administrative services, and the development of specific tools (implementation manual, databases, etc.). The Committee also notes the adoption on 26 January 2010 of the Royal Order issued under the above Act respecting the inter-departmental coordination group, sections 9 and 10 of which determine the content of “intermediary reports and reports upon the completion of the legislature”, with the objective of describing the progress achieved and the difficulties encountered in the application and formulation of recommendations to improve the implementation of the Act. The Committee requests the Government to continue providing information on the implementation of the Act of 12 January 2007, with particular reference to the following:

(i)    its impact on compliance in practice with the principle of equality between men and women in the granting of contracts involving public expenditure, in accordance with Paragraph 3(b) of the Discrimination (Employment and Occupation) Recommendation, 1958 (No. 111);

(ii)   the implementation of the “gender test” envisaged by the Act with a view to evaluating the impact of draft laws and regulations on the respective situation of women and men;

(iii)  the appointment and activities of gender mainstreaming coordinators responsible for monitoring the process of gender mainstreaming in public contracts; and

(iv)  the recommendations made in the interim reports and reports at the end of the legislature to improve the effect given to the Act and the action taken as a result.

Supervising the application of anti-discrimination legislation and complaints. The Committee notes the detailed information provided by the Government on the complaints received by the labour law monitoring authority (the labour inspectorate), the CECLR and the IEFH and observes that the number of complaints of discrimination dealt with by the labour inspectorate is very low (18 complaints between 1 June 2007 and 31 May 2009). The Committee also notes that, under the terms of the three Orders of 24 October 2008 adopted under the anti-discrimination Acts of 10 May 2007, the executive assistants, technical experts and advisers responsible for monitoring in the General Directorate of the Labour Inspectorate of the Federal Public Employment, Labour and Social Dialogue Service have been made responsible for monitoring compliance with these laws. The Committee requests the Government to provide information on the supervision of the implementation of anti-discrimination legislation by the labour inspectorate and any measures taken to build capacity in this regard (training of labour inspectors, inspections, cases of discrimination identified, etc.). The Government is also requested to continue providing information on the number and nature of the complaints of discrimination in employment and occupation received by the CECLR, the IEFH and the labour inspectorate, with an indication of the action taken on the complaints.

Statistics. The Committee notes that the creation of a system of “macro” socio-economic monitoring to determine the stratification of the labour market by the origin of persons, based on the CECLR proposal, is still under way. The Committee requests the Government to provide information on the implementation of the system of “macro” socio-economic monitoring and its operation and to provide the statistical data compiled on the composition of the workforce disaggregated by gender and origin.

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

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

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

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

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

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

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

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

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

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

New legislation to combat discrimination and promote equality. The Committee notes that the Government has taken a series of legislative measures to combat discrimination in employment and occupation and sexual harassment more effectively, and to promote equality between men and women. In 2007, a legislative reform was put in place to create a general framework to combat all forms of direct and indirect discrimination based on a large number of criteria in all areas of public life, including employment, as well as for the purposes of social security. The new laws, notably the Act to combat discrimination between men and women of 10 May 2007; the Act designed to combat certain forms of discrimination (General Anti-discrimination Act) of 10 May 2007; and the Act to curb acts motivated by racism or xenophobia of 10 May 2007, amending the Act of 20 July 1981, introduce new elements into the existing legislation.

The Committee notes with satisfaction that, by including discrimination on the basis of social origin in the General Anti-discrimination Act, the legislation now contains all the criteria of discrimination listed in Article 1(1)(a) of the Convention. The Committee is also pleased to note that henceforth nationality is included as an additional ground of discrimination in the national legislation, in accordance with Article 1(1)(b) of the Convention.

Furthermore, the Committee notes that the new laws aim to improve the system of penalties and make them more specific and effective, both at the criminal and civil levels. They prohibit the instruction to discriminate and provide for the punishment of anyone inciting discrimination, segregation, hatred or violence against a person, group, community or their members on the grounds of one of these criteria. The laws also make it possible to combat de facto discrimination by means of an action for injunction, and provide for the shifting of the burden of proof of discrimination. With respect to gender equality, the Act of 2007, designed to combat discrimination between men and women, henceforth bans any direct and indirect discrimination based on sex, including the instruction to discriminate, sex-based harassment and sexual harassment in employment and occupation.

Furthermore, in order to prevent and combat sexual harassment more effectively, the Act of 4 August 1996 concerning the well-being of workers, as amended in 2007, now obliges employers to take measures designed, inter alia, to combat sexual harassment as part of their overall policy to prevent work-related psychological and social problems. These measures include appointing a counsellor or other persons of confidence, setting up an internal procedure at the enterprise level, informing and training workers, and assisting the victims. The Act also gives social inspectors and the labour prosecutor’s office an important role.

Finally, the Committee notes the adoption, on 12 January 2007, of the Act monitoring the application of the resolutions of the Fourth World Conference on Women, held in Beijing in September 1995. The said Act requires the implementation of the principle of gender mainstreaming in all federal policies, including in the area of employment and social security. It also provides that legislation and regulations must be accompanied by a report assessing their impact on the respective situation of women and men, so as to avoid introducing or reinforcing any possible inequalities; furthermore, all relevant statistics must be disaggregated by sex. The law also provides that the concepts of equality between men and women and gender mainstreaming must be taken into account in public contracting procedures and the granting of subsidies.

The Committee would be grateful if the Government would provide information on the application in practice of the new federal legislation concerning discrimination, sexual harassment and gender mainstreaming, by enclosing a copy of the relevant administrative or legal decisions and by indicating the activities undertaken by the Government, the Institute for Equality of Women and Men and the Centre for Equal Opportunities and the Fight Against Racism.

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

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

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

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

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

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

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

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

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

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

Further to its observation, the Committee notes the Government’s report and the attached legislation and documentation and requests the Government to provide information on the following points.

1. Discrimination on the basis of sex. Further to its general observation, the Committee thanks the Government for the detailed information provided on the issue of sexual harassment. The Committee invites the Government to provide information with regard to the practical application of the legislative and institutional framework established to eliminate this form of sex discrimination.

2. The Committee notes the statistical information provided by the Government, which indicates that sex-based occupational segregation continues to prevail in the Belgian labour market. Women are under-represented in the occupational groups of senior officials and managers, and craft and related workers, and plant and machine operators and assemblers, but over-represented among clerks or service and sales workers. As regards the level of responsibility of female employees, the Committee notes that such information will be available only as of 2005. The Government is asked to continue to provide comparable statistical information on the position of women in the labour market, according to occupational sectors and responsibility, in its future reports. Noting the information provided by the Government on the Quo Vadis project to promote the employment of women in areas where they are underrepresented and the initiatives undertaken to promote equality at the enterprise level, such as the Equality Awards, the Committee requests the Government to continue to provide information on the measures taken or envisaged to promote the equal participation of women in employment and occupation, including in jobs of responsibility, as well as on the impact of these measures.

3. The Committee also notes the adoption of the Act of 5 March 2002 concerning non-discrimination of part-time workers on the basis of their part-time status and the Act of 5 June 2002 concerning non-discrimination of workers under fixed-term contracts. The Committee would appreciate the Government providing information on contribution of these Acts to promoting equality of opportunity and treatment of women in the labour market.

4. With regard to the federal public administration, the Committee notes the information on the representation of women supplied by the Government in its report under Convention No. 100, indicating that the participation of women has been relatively stable since 1998 (40 per cent for permanent employees and 68 per cent for contract employees). The Committee asks the Government to continue to provide similar information in its future reports, including information on the number of women occupying management positions. Please also continue to provide information on the activities of the equality unit created within the federal public service on personnel and organization.

5. Discrimination on the basis of race, colour or national extraction. Recalling its previous comments on the difficulties experienced by members of ethnic minorities with regard to equal access to employment, the Committee notes the relevant provisions of the Act of 25 February 2003 on combating discrimination and modifying the Act of 15 February 1993 establishing a Centre for Equal Opportunities and the Fight Against Racism. The Government is asked to provide information on the application of the Act with regard to racial discrimination, including the number, nature and outcomes of complaints lodged and the undertaking of any awareness-raising activities. Please continue to provide information on any other measures taken or envisaged to promote the application of the Convention with regard to the situation of ethnic minorities in employment and occupation, including the activities of the multicultural enterprise unit in the Ministry of Employment and Labour.

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

1. The Committee notes the Government’s report, which outlines various legislative measures in the field of equality of opportunity and treatment in employment and occupation. With regard to gender equality, the Committee particularly notes the amendment to section 10 of the Constitution providing that equality of women and men is guaranteed, and it notes the creation of a new Institute for Equality of Women and Men with a broad mandate to promote and monitor gender-equality issues regulated in federal legislation, including initiating judicial proceedings concerning gender equality. It also notes the adoption of the Act of 11 June 2002 on the Protection from Violence and Moral or Sexual Harassment, which introduces measures of prevention and protection.

2. With regard to discrimination on the basis of grounds other than sex, the Committee notes the Act of 25 February 2003 on combating discrimination, which modifies the Act of 15 February 1993 establishing a Centre for Equal Opportunities and the Fight Against Racism. The Act prohibits direct and indirect discrimination, inter alia, in employment and occupation, on the basis of supposed race, colour, extraction, national or ethnic origin, sexual orientation, marital status, birth, property, age, religious or philosophical conviction, actual or future health status, and disability or any physical characteristic. With regard to Article 1(2) of the Convention, the Committee notes with interest that under section 5 of the Act any differential treatment in employment is based on an objective and reasonable justification if, by reason of the nature of the occupation or the conditions under which it is carried out, the characteristic in question constitutes an essential and determining job requirement, provided that the requirement is proportional and there is a legitimate objective. The Committee welcomes this clarification of what constitutes an objective and reasonable justification, which is in accordance with the Convention.

3. The Committee requests the Government to provide information on the application of the new legislation in practice and its impact on the situation of persons falling under the protection of the Convention, including relevant administrative or judicial decisions and the relevant activities undertaken by the Institute for Equality of Women and Men, the Equal Opportunities Council and the Centre for Equal Opportunities and the Fight Against Racism.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The Committee notes the adoption of the Act of 7 May 1999 on equality of treatment for men and women. It notes with interest the adoption of this new Act which adds several innovations to existing legislation. It notes that the Act incorporates two European directives, on equality of treatment in occupational social security regimes (96/97/CE), and on the burden of proof in cases of discrimination based on sex (97/80/CE). It notes that the new Act introduces the concept of sexual harassment, that it contains clear definitions of the concepts of "equality of treatment", "direct discrimination" and "indirect discrimination", and addresses classification of occupations, in order to eliminate salary differences between men and women. The Committee would be grateful if the Government would supply, with future reports, information on the implementation of this new Act and its impact on the achievement of equality between men and women in employment.

In addition, a request regarding other points is being addressed directly to the Government.

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

With reference to its previous direct request, the Committee notes with interest the information contained in the Government's report and the documents attached.

1. As regards non-discrimination on the basis of sex and the role of the Council for Equality of Opportunity between Men and Women, the Committee notes that, since the Government's last report, the Council has issued 14 opinions on equality, a memorandum to those who formed the Government resulting from the elections on 21 May 1995, eight information sheets on discrimination on the various branches of social security as well as various publications including the brochures "Women elected representatives: Figures and statistics" and "Women and poverty". The Committee notes also that, according to the Government's report and the interim biennial report of the Council for 1993-95, political decision-makers are attaching great importance to the Council's opinions. Thus, the Council's work has given rise to a number of activities and reforms including: the awareness-raising campaign concerning the distribution of responsibilities between men and women (further to Opinion No. 1 of the Council); affirmative action in favour of women in the private sector and the federal, provincial and local public sector (further to Opinion No. 3); the solution of a number of problems confronting women in the army (further to Opinion No. 13); and the statement of the Government resulting from the elections of 21 May 1995 devoted in part to equality of treatment between men and women (further to the above-mentioned memorandum). The Committee wishes to continue to receive in future Government reports giving information on the various activities of the Council for Equality of Opportunity between Men and Women, particularly a copy of the Council's first evaluation report to be presented in October 1997.

2. With regard to the feminization of the names of occupations, jobs, grades and titles, the Committee notes from the Government's report that the list compiled for this purpose at the request of the previous Flemish Minister for Education and the Public Service has gone to the "Taaladviescommissie", but that the Flemish community has drafted a circular (dated 14 March 1996) to make the presence of women staff more obvious by encouraging them to use their forenames, and the (woman) Minister for Employment and Labour has issued, in collaboration with the Belgian radio and television service for Flemish speakers and the Belgian radio and television service for French speakers, a brochure entitled "Don't say too quickly ... there are no women" which is being circulated in order to make women's presence more visible. The Committee requests the Government to supply information on any progress made in this matter in the Flemish-speaking, French-speaking and German-speaking parts of the country, as well as at the federal level, with the aim of facilitating women's access to a wider range of occupations and jobs.

3. With regard to discrimination in job offers, the Government reiterates that section 121 of Title V of the Economic Reorientation Act of 4 August 1978 prohibits employers, publishers, announcers, printers, distributers, employment agencies, radio and television and, in general, all who are involved in information and advertising, from making reference to the sex of the worker in job offers, irrespective of the sector or branch of activity (private or public, salaried workers and self-employed). The Government adds that newspaper publishers in particular are gradually becoming aware of the responsibility they may bear if discriminatory offers of employment are made and, while this is perhaps not a total guarantee against violations, it is a step in the right direction. The Committee requests the Government to supply information on the new stages accomplished in implementing the relevant provisions of legislation and regulations regarding the total elimination of discrimination in job offers and advertisements. The Committee also asks the Government to continue to provide information on the proposal to renew and update the brochure entitled "Job offers without discrimination".

4. With reference to affirmative action for the employment of women, the Committee notes that the 1996 report of the unit for affirmative action in the private sector and the evaluation report on affirmative action in ministries and parastate bodies at federal level as well as in autonomous public enterprises should be available by the end of 1997. The Committee requests the Government to send, on publication, copies of these two reports which are to evaluate the implementation of plans for equality between men and women and the networks established to support them. The Committee also requests the Government to supply information on the results obtained by implementation of the projects OPTIMA (which concerns development from 1995 to 1997 of the equality network strategy), TREMPLIN (which comprises publication from 1995 to 1997 of a periodic information and awareness bulletin on equality of opportunity between men and women in regard to employment), and JUMP (which aims to develop between 1995 and 1997 practical sheets for the purpose of helping training bodies to supply trainers as appropriate for disadvantaged women).

5. With regard to sexual harassment at work, the Committee notes that, according to the Government's report, a circular on protection against sexual harassment at work was adopted on 7 August 1995 and that, in application of two Royal Orders of 1992 and 1995 on the subject, two telephone lines (one for Flemish speakers and one for French speakers) to provide free information and advice (anonymously and without any formalities) have been set up for the victims of sexual harassment at work and for confidential advisers. In addition, a pilot project for an external confidential service has been set up in the Flemish Public Service, replacing the two specialized commissions on sexual harassment and complaints established in late 1994/early 1995. It also notes the decisions handed down by the courts in 1996 in favour of the victims of sexual harassment at work. The Committee requests the Government to keep it informed in its next report of results and progress in the implementation of activity within the various systems established to prevent and combat sexual harassment at work.

6. The Committee notes that despite the failure by the National Labour Council to issue in June 1995 the awaited opinion proposing specific amendments to the regulations in force in order to abolish the discrimination that exists between men and women in regard to night work by women, the social partners have held long negotiations on the problem on the basis of sectoral opinions. Agreement was not reached and the Minister for Employment and Labour responsible for the policy of equality of opportunity tabled a Bill on night work which was adopted by Parliament on 17 February 1997 and will enter into force one year after its publication which dates from 8 April 1997 in the Official Gazette (Moniteur belge). The Committee notes with interest that the new system provides full equality of access to night work for men and women and organizes three kinds of activity which, henceforth, may be carried out at night: first, activities which because of their nature are carried out at night, which are listed exhaustively; next, cases where night work is the result of an economic choice and economic imperatives and not due to the nature of the activities; finally, all other branches of activity (or enterprises) and/or activities for which night work was not necessary at the time the law was adopted; this new system is applicable to workers in the private sector (but not to officials in public administrations) and to public enterprises engaged in industry and autonomous public enterprises. The Committee requests the Government to keep it informed regarding the entry into force of the Act and to send it a copy.

7. With regard to the campaign against discrimination in employment on the basis of race, the Committee notes that, according to the Government's report, in application of the anti-racism law which punishes, inter alia, discrimination in employment or at the workplace, 75 complaints in regard to work and employment were registered between 1 May 1995 and 1 May 1996. The Committee repeats its request to the Government which was contained in its previous direct request to provide copies of decisions handed down in respect of complaints submitted by the individuals or by workers' organizations. The Committee would also appreciate receiving copies of the decisions handed down in respect of complaints made under the Code on Racial Non-discrimination concluded on 7 May 1996 between employers and trade unions in the temporary work sector, who agreed to eliminate any discrimination based on the colour of skin, race, religion, ethnic origin or nationality of temporary workers in regard to selecting and supplying them to an employer.

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

The Committee notes the information contained in the Government's reports and the attached documentation.

1. The Committee notes with interest the establishment, by the Royal Order of 15 February 1993, of the Council for Equality of Opportunity between Men and Women, which is responsible for contributing effectively to the elimination of any form of direct or indirect discrimination in respect of men and women and to the achievement of effective equality between men and women. For this purpose, the Council can draw up reports (particularly for the National Labour Council), carry out research, propose legal measures or regulations, and compile and disseminate information. The Committee also notes the opinions issued recently by the Council relating to the reconciliation of family life and professional life (opinion No. 1 of 27 June 1994); the genders of the names of jobs and occupations (opinion No. 2 of 9 December 1994); the evaluation of staff in the public services (opinion No. 3 of 31 March 1995); the participation of women in politics (opinion No. 4 of 12 May 1995); and the recommendation issued on 31 March 1995 respecting the reform of pensions for employees. The Committee wishes to receive information in future reports on the implementation of the various activities of the Council for Equality of Opportunity between Women and Men as set out in the Order by which it was established, and the effect given to the recommendations contained in the above opinions issued by the Council. It would be grateful to be provided with a copy of the report on the situation of women in Belgium submitted to the Fourth World Conference on Women, held in Beijing in September 1995, in the formulation of which the Council collaborated.

2. With regard to the feminization of the names of occupations, jobs, grades and titles, the Committee notes from the report that by virtue of the Decree of 21 June 1993 of the Council for the French Community, the feminization of names must be complied with in that region of the country. Feminine descriptions must be used in legislation, in all the administration's written texts, documents and agreements, in educational and training books and in job vacancies. For the Flemish community, a similar draft Decree is being prepared, as well as a list of feminized names of occupations and jobs. At the federal level, a linguistic code is also being developed in order to give a feminine version of the masculine names of occupations. The Committee would be grateful if the Government would provide information in its next report on the progress achieved in the process of feminizing the names of occupations, jobs, grades and titles at the federal level and in the Dutch-speaking and German-speaking parts of the country, with the object of facilitating the access of women to a broader range of occupations and jobs.

3. With regard to the issue of discrimination in job offers, the Committee notes with interest the publication of a brochure entitled "Job offers without discrimination", which is intended to assist anyone likely to prepare or disseminate advertisements of vacancies to comply with the legal requirements in this respect. In this connection, the Committee notes that section 21 of the Economic Reorientation Act of 4 August 1978 prohibits reference to the sex of the worker in job offers and advertisements relating to employment, or the inclusion of indications in such offers and announcements which, even without any explicit reference, indicate or suggest the sex of the worker, in public or private employment and for employees or the self-employed. The Committee requests the Government to provide information on the progress achieved in the total elimination of discrimination in job offers and announcements following the dissemination of this brochure and the implementation of the relevant provisions of the laws and regulations to which it refers.

4. The Committee notes the information concerning the positive action for the employment of women undertaken in the private sector, on the basis of the legislative provisions of 1987 relating to measures to promote equality of opportunity between men and women, as well as on the basis of the three latest inter-occupational agreements. It notes in particular that a number of sectors and enterprises have put into practice the commitment undertaken at the inter-occupational level by concluding collective labour agreements respecting the implementation of equality plans. The Committee requests information on the results of the evaluation that is currently being carried out, according to the report, of the implementation of plans for equality between men and women and the networks established to support them.

5. With regard to the public sector, the Committee notes that in 1993 a report was submitted to the federal Government, the governments of the communities and regions and the Common Public Service Committee by the commission responsible for general measures to support equal opportunities plans in public institutions. According to this report, at that time, approximately one national service out of two (ministries and public institutions) had developed an equal opportunities plan; that six services in the regions and communities were in the process of establishing such plans; and that at the provincial and local levels, one institution out of five had actually implemented a positive action plan. The Committee notes that a survey is being undertaken to evaluate the impact achieved through the implementation of such equality plans in public institutions. It also notes with interest that the Royal Order of 24 August 1994, to amend the Royal Order of 27 February 1990 introducing measures for the promotion of equality of opportunity between men and women in the public services, attributes certain facilities to those responsible for the implementation of positive action measures in order to enable them to carry out their functions more effectively. It requests the Government to keep it informed of developments in the situation with regard to the progressive implementation of equality plans in the public sector and of the results of the current evaluation of their impact.

6. With regard to sexual harassment at work, the Committee notes with interest that a series of legislative and practical measures have been adopted, including the enactment in March 1995 of a Royal Order organizing the protection of staff members against sexual harassment at the workplace in the administrations and other services of federal ministries, as well as in certain bodies of public interest; the training of labour inspectors and other persons concerned; the establishment at the end of 1994 of the Sexual Harassment Commission as a forum for dialogue for the prevention and adoption of an approach to combat sexual harassment; the establishment at the beginning of 1995 in the Flemish region of a complaints commission specialized in this field. The Committee would be grateful to receive information in future reports on the progress achieved in the implementation in public services of the measures set out in the Royal Order of March 1995 and on the activities of the two commissions that have recently been set up at the national and regional levels to prevent and combat sexual harassment at the workplace.

7. With regard to night work by women, the Committee notes the recommendation made on 9 January 1995 by the National Labour Council to the joint committees, concerning the promotion of the access of women to night work. It notes that, following an evaluation of the system of night work by the joint commissions, the National Council was to have issued an opinion in July 1995 proposing amendments to the regulations in force in order to abolish the discrimination that exists between men and women in this respect. The Committee would be grateful if the Government would keep it informed of developments in the situation in this respect.

8. The Committee notes the activities undertaken by trade union organizations to combat racism at the workplace. It also notes with interest that the Act of 12 April 1994, to amend the Act of 30 July 1981 respecting the repression of certain acts inspired by racism and xenophobia, has made a number of improvements to the 1981 Act, including: a clearer definition of discrimination; heavier sanctions; an extension of the application of the Act to social and labour matters; and the possibility for organizations of employers and workers to bring legal actions in the event of disputes concerning illegitimate discrimination in the field of labour and social law. The Committee would be grateful if the Government would provide information in the next report on the effect given in practice to this Act and its impact on the fight against discrimination in employment on the basis of race, colour and national origin. Please provide copies of court decisions which may have been handed down in respect of complaints submitted by the persons concerned or by workers' organizations, in accordance with the above Act.

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

Referring to its previous direct requests, the Committee notes the information contained in the Government's report and the attached documentation.

1. The Committee notes with interest the adoption of a number of legislative and practical measures designed to pursue the national policy of equality of opportunity and treatment between men and women in employment, including: an increase in the Interprofessional Agreement for 1991-92, concluded on 27 November 1990, of the resources to be devoted to the employment of groups at risk; the extension of maternity leave entitlement to 15 weeks; amendment of the Commune Act introducing parental leave for councillors; an Act of 11 October 1991 introducing special non-paid leave of up to ten days per year for compelling reasons; the activities, publications and opinions of the Women's Labour Committee described in its Report XV for July 1989-June 1991 and the formulation of 156 positive action plans in the public service. The Committee requests the Government to continue to keep it informed of the implementation of positive action for the employment of women and the elimination of discrimination based on sex in employment.

2. As concerns previous comments on the use of physical selection criteria for access to certain public sector jobs, the Committee notes that, following the implementation of positive action plans in the public service (particularly in local government administrations where certain communal regulations still stipulate physical selection criteria restricting the access of women), the Secretariat of State for Social Emancipation has prepared a manual on positive action entitled "Women in the communal police". The Committee requests the Government to provide information in its next report on the progress made towards eliminating discriminatory criteria for access to public service posts, following the distribution and implementation of this manual.

3. The Committee notes with interest the measures taken to combat sexual harassment in employment: the National Labour Council Report No. 38 and Communication No. 4 of 18 December 1990 on the subject, recommending, inter alia, legislation to combat such discrimination; the subsequent adoption, on 7 October 1992, of the Royal Order protecting workers against sexual harassment at the workplace (which covers the private sector and which requires employers to mention in their workplace regulations the protections available to victims of such behaviour, such as a policy statement against sexual harassment in the workplace, the appointment of a person or service of confidence able to respond to the needs of victims and the complaints procedure and applicable penalties); the work on a similar draft for the public sector; and the wide diffusion by the Women's Labour Committee Secretariat of brochures raising sensitivity to this issue in enterprises and its organization of seminars on this issue. The Committee would be grateful if the Government could inform it, in future reports, of the impact this new legislation and sensitization campaigns are having in the elimination of sexual harassment in employment, supplying if possible examples of how employers have complied with the requirements of the Royal Order of 7 October 1992. Please also inform the Committee of progress in the adoption of similar legislation for the public sector.

4. As regards the Government's actions to eliminate discriminatory clauses against women contained in certain collective agreements, the Committee notes with interest that, on 29 October 1991, the National Labour Council adopted an amendment (No. 38bis) to Collective Labour Agreement No. 38 of 6 December 1983 concerning the recruitment and selection of workers, prohibiting employers from discriminating between candidates on grounds of age, sex, marital status, medical history, race, colour, national or ethnic extraction or origin, political or philosophical beliefs and membership of trade unions or other organizations. The Committee requests the Government to provide information on the impact of this amendment, and to supply details on any cases where collective agreements are brought into conformity with the principle of equality and treatment laid down in the Convention.

5. The Committee notes the Government's statement that, following its denunciation of Convention No. 89 on night work for women, it is working with the social partners on amendments to its legislation. It requests the Government to continue to provide information on any action concerning protective measures for women.

6. The Committee also notes with interest the Government's measures taken to combat discrimination in employment based on race, colour and national extraction, including: the creation, by Royal Order of 15 February 1993, of a Centre for Equality of Opportunity and Struggle against Racism; the National Labour Council amendment (No. 9bis), of 29 October 1991, to Collective Labour Agreement No. 9 of 9 March 1972 coordinating national collective agreements concerning works councils, allowing workers' delegations to have access to information on staff structure, including nationality; the National Labour Council Opinion No. 1010 and Communication No. 6 also of 29 October 1991 concerning the problems of integration facing immigrants which recommends, inter alia, that employers respect equality of treatment when hiring workers of foreign extraction and recalls the prohibition contained in Collective Labour Agreement No. 38 of 6 December 1983 concerning the recruitment and selection of workers as amended by No. 38bis (referred to above). The Committee requests the Government to provide information on the activities undertaken by the new Centre and of the follow-up given to the proposals contained in Circular No. 6, in particular concerning any cases of discrimination in employment on the basis of race, colour or national extraction that may have been reported through the labour inspection services and the courts.

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

The Committee refers to its previous comments and notes the information contained in the Government's report for the period ending 30 June 1990.

1. In particular, the Committee notes with interest the adoption of a number of measures in law and practice designed to improve the situation in the field of equality of treatment between men and women in employment. These measures concern the right to leave for family reasons and allowances for the interruption of a career in the event of the birth of a child. Furthermore, the Committee notes that, according to the Government, the national interoccupational agreement for 1989-90 recommended the adoption of positive action for the employment of women. The Royal Order of 27 February 1990, setting out measures for the promotion of equality of opportunity between men and women in the public services, was adopted under that agreement.

A joint paper by the Minister of Employment and Labour and the Secretary of State for Social Emancipation also contains detailed recommendations to the social partners in which they are requested, within the framework of their next interoccupational negotiations, to pay particular attention to the employment of women.

The Committee requests the Government to continue to keep it informed of the implementation of positive action for the employment of women and of the activities of the Women's Labour Committee, as well as to indicate, in its next report, the impact of the recommendations contained in the Ministerial document on the conclusion of collective agreements.

2. The Committee refers to the Government's previous indications relating to certain difficulties concerning access to jobs in the public sector arising out of the imposition of physical selection criteria and to the fact that each public service had to ascertain whether the use of such criteria was justified. The Committee notes that, in its latest report, the Government states that the implementation of positive action plans in all the public services should make it possible to assess the situation in this respect. It therefore requests the Government to inform it of the results thus obtained.

3. With regard to the question of sexual harassment, the Committee notes Opinion No. 49 of the Women's Labour Committee, of 16 January 1989, and the various campaigns carried out by the Government to provide information and increase public awareness of this problem. The Committee notes that, in particular, the opinion of the National Labour Council has been requested on this question and that it could be decided that the social partners should adopt effective preventive measures against sexual harassment at the workplace. The Committee requests the Government to keep it informed of developments in the situation in this respect.

4. The Committee had previously noted that discriminatory provisions against women were contained in certain collective agreements. It notes with interest the elimination of discrimination on the basis of sex by the Joint Inland Water Transport Committee in collective agreements for that sector. The Committee requests the Government to continue keeping it informed of any other cases in which collective agreements are brought into conformity with the principle of equality of opportunity and treatment as set out in the Convention.

5. The Committee refers to its previous comments concerning the re-examination of certain protective measures for women as envisaged by the Government. It once again requests the Government to keep it informed of any developments in this respect.

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

The Committee notes the information supplied by the Government in its report for the period ending 30 June 1988. The Committee refers to its observation.

1. In its previous comments, the Committee noted that, according to the Government, certain difficulties concerning access to jobs in the public sector were connected to physical selection criteria. It also noted that the Women's Labour Committee, in Opinion No. 44 concerning physical criteria in recruitment or promotion (physical characteristics and physical tests), invited each public service to ascertain whether the use of such criteria was justified and to inform it of its conclusions. The Committee takes note of the Government's indications that the Ministerial Orders of 18 and 19 December 1986 establish new physical criteria for recruitment in the police force and the armed forces, which, according to the Government, has improved women's chances of success. The Committee gathers from the texts of the Orders that the results of the physical tests can disqualify candidates but are not taken into account in the grading. The Committee asks the Government to state whether or not this is the case. It also requests the Government to continue to provide information on developments in this matter and, particularly, on the results of the checks carried out following the Opinion of the Women's Labour Committee.

2. The Committee takes note of Opinion No. 45 of the Women's Labour Committee of 23 February 1987 concerning the employment of young women and the measures advocated to combat segregation in employment, and requests the Government to state the measures adopted or under consideration following this Opinion. In this connection, the Committee notes with interest the campaign to inform and raise awareness among teachers with a view to combating the stereotyped roles of men and women and the campaign to assist girls in their choice of studies. It requests the Government to continue to supply information on education programmes conducted in accordance with Article 3(b) of the Convention to ensure acceptance and observance of the national policy concerning equality.

3. The Committee notes with interest the document prepared by the secretariat of the Women's Labour Committee concerning the means of legal action in the event of sexual harassment in the workplace. In this connection, the Committee refers to paragraphs 45 et seq. of its 1988 General Survey on Equality in Employment and Occupation, which concern sexual harassment as a particular form of discrimination on the basis of sex which is a threat to the stability of employment. In these paragraphs, the Committee points out that recognition of the existence of sexual harassment in the workplace plays an important role in its elimination, but attaches even greater importance to the adoption of legal provisions in this area. The Committee asks the Government to forward a copy of the Opinion of the Women's Labour Committee as soon as it has been adopted, and to provide information on all measures, particularly laws or regulations, that have been taken or are envisaged to protect workers against acts of sexual harassment in the workplace.

4. The Committee notes with interest the Government's indications that the remaining discriminations in the collective agreements of the inland navigation sector have been abolished by the administration in co-operation with the social partners and that the other controversial provisions are on the agenda of the competent joint committee. The Committee requests the Government to continue to report on developments in the elimination of discriminatory clauses in collective labour agreements.

5. In its previous comments, the Committee noted the adoption of the Royal Decree of 4 July 1987 to set up a legal framework for positive action that may be undertaken in private sector enterprises with a view to rectifying de facto inequalities affecting opportunities for women. The Committee notes the Government's indication that implementation of the Order has now reached the stage of joint discussions between employers and workers and that a practical handbook has been disseminated on ways of promoting practical action in enterprises. It requests the Government to provide information on the plans that are adopted and on the evaluation and results of such plans.

The Committee also notes that a text is being drafted concerning the public sector. It hopes that the Government will provide a copy of the text once it is adopted, along with information on its implementation. The Committee also notes that an agreement on social planning to govern employment conditions of employees in the public services was concluded in November 1987, and requests the Government to supply information on the measures under consideration concerning equal opportunity and treatment, and on the results obtained.

6. The Committee takes note of the information provided by the Government on the abolition or relaxing of certain protective measures. The Committee refers to paragraphs 139 to 156 of its 1988 General Survey on Equality in Employment and Occupation, which concern the special measures of protection and assistance covered by Article 5 of the Convention, in which the Committee examined, in particular, the measures to protect maternity or the health of women which are contained in numerous international instruments of the ILO. The Government might bear these considerations in mind when it examines or reviews certain measures of protection. The Committee asks the Government to continue to supply information on any developments in this area.

7. The Committee takes note of the information concerning the activities of the Women's Labour Committee, the Joint Committee constituted under the National Labour Council and the Flemish-speaking Committee for Equal Opportunities in Teaching. The Committee also notes that the Advisory Committee on Equality in the Public Services and the French-speaking Committee for Equality in the Teaching Profession have not engaged in any activities during the period in question, and asks the Government to continue to provide information on the activities of these advisory bodies, including copies of reports, studies and, in particular, the opinions of the Women's Labour Committee.

It also requests the Government to continue to transmit copies of important legal rulings concerning equal opportunities and treatment.

8. With reference to its previous comments on the provisions of the Royal Order of 9 February 1951 respecting the defence of the public service, the Committee notes that there are no known cases of this Order having been applied. It requests the Government to continue to provide information in its future reports on any application of the provisions in question.

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

With reference to its previous comments, the Committee notes with satisfaction that the Royal Order of 18 December 1987, modifying the Royal Order of 20 August 1969 establishing the conditions of service of civilian employees of the Military Security Service, has repealed the provision whereby this profession was open only to men.

The Committee is addressing a request directly to the Government concerning other aspects of the application of the Convention.