Observation (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - Algérie (Ratification: 1969)

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

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

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

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

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

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