Observation (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - Comores (Ratification: 2004)

The Committee notes the observations of the Men and Women Workers Confederation of Comoros (CTC) of 27 August 2013, indicating that in the public service, although recruitment is to be undertaken, according to the legislation, through a competition process, in practice, recruitment decisions are based on how close the candidate is to politically powerful persons and on other considerations. With respect to the private sector, the CTC states that no one is able to determine how recruitment is undertaken or the criteria used for fixing wages or related benefits. The Committee asks the Government to provide its comments on the points raised by the CTC.

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

The Committee notes that the new Labour Code was adopted on 28 June 2012.

Article 1(1)(a) and (b) of the Convention. Definition of discrimination. Additional grounds of discrimination. ... The Committee asks the Government to provide information on steps taken to publicize the provisions of the Labour Code that ban discrimination based on real or perceived state of health, including HIV status, and to raise awareness of this matter among workers and employers and their organizations, labour inspectors, judges and other officials dealing with work-related matters. The Committee also asks the Government to provide information on the application in practice of section 2 of the new Labour Code prohibiting discrimination based on real or perceived state of health including HIV status, and section 71 prohibiting all discrimination based on real or perceived HIV status in practice, indicating any action taken by labour inspectors or any court decisions handed down on such matters.

Sexual harassment. ... The Committee requests the Government to take measures to publicize the new provisions of the Labour Code prohibiting sexual harassment, among workers and employers and their organizations, labour inspectors and judges, and to provide information on any measures taken to this end. It asks the Government to provide information on any instances of sexual harassment addressed by the competent authorities, including any relevant administrative or judicial decisions. It also asks the Government to indicate the measures taken by employers, pursuant to section 2.2 of the Labour Code, to prevent any acts of sexual harassment at the workplace. Furthermore, in order to facilitate application of the provisions prohibiting sexual harassment in practice, and in particular the identification of instances of quid pro quo harassment, the Committee requests the Government to envisage the possibility of supplementing the definition of sexual harassment so as to specify that there is harassment when the worker’s rejection of the behaviour concerned or the worker’s submission to such behaviour, is used explicitly or implicitly to take a decision affecting his or her work.

Article 2. National policy. Equality of opportunity and treatment of men and women. In its previous comments, the Committee noted the adoption in June 2008 of the National Policy on Gender Equity and Equality (PNEEG) to ensure equality in employment and occupation. It also noted that the Employers’ Organization of Comoros (OPACO), in a communication received on 1 September 2009, indicated that it had not been informed of the elaboration of such a policy and regretted that no measures had been taken to prevent the exclusion of women from certain jobs and occupations. The Committee takes note of the Government’s brief comments to the effect that an action plan has been drawn up to introduce measures implementing the PNEEG. The Government also states, in reply to OPACO’s observations, that equality in employment is guaranteed in enterprises and that the promotion of social dialogue is part of the Government’s action plan for 2011–15 to ensure effective collaboration with the social partners with a view to achieving perfect social concentration and cohesion. In this respect, workshops designed to strengthen the capacity of employers’ and workers’ organizations have been held throughout the country. Taking note of this information, the Committee requests the Government to provide specific information on the awareness-raising and training activities carried out or planned with the social partners, within the framework of the implementation of the PNEEG. Furthermore, the Committee requests the Government to provide detailed information on the action plan implementing the PNEEG and, more specifically, on the measures taken or envisaged to promote equality of opportunity and treatment between men and women in respect of access to education, vocational training, wage and non-wage employment and working conditions (including remuneration, promotion, and security of tenure). The Government is asked to forward a copy of the PNEEG and the action plan.

Equality of opportunity and treatment irrespective of race, colour, religion, political opinion, national extraction and social origin. ... The Committee once again requests the Government to indicate the measures taken or envisaged to elaborate and apply a national policy to promote equality of opportunity and treatment in employment and occupation, irrespective of race, colour, religion, political opinion, national extraction and social origin.

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

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