Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on equality, the Committee considers it appropriate to examine the Conventions Nos 100 (equal remuneration) and 111 (discrimination in employment and occupation) together.

Convention No. 111 – N ational policy to promote equality of opportunity and treatment in respect of employment and occupation

Articles 2 and 3. Promoting equality and combating discrimination based on criteria other than sex. Given the absence of information from the Government on this subject, the Committee once again requests it to provide information on the measures taken or envisaged to combat discrimination and promote equality in employment and occupation irrespective of race, colour, national extraction, religion, political opinion, and social origin, in cooperation with employers’ and workers’ organizations.

Equality of opportunity and treatment between men and women. The Committee notes with interest the adoption of: (i) Act No. 2022-019 of 15 November 2022 amending the Labour Code, which introduces a new section 190 concerning maternity protection and prohibition of dismissal during pregnancy, maternity leave and nursing periods; (ii) Act No. 2022-018 of 15 November 2022, amending the Criminal Code, which prohibits and punishes economic violence against women, and in particular any action by an employer that makes it impossible to maintain an employment relationship during pregnancy, maternity leave or nursing periods (section 237 of the Code), and strengthens the penalties for acts of discrimination against women, including hindering the normal performance of any economic activity or refusing credit or making its acquisition conditional on gender (section 312 of the Code); and (iii) Decision No. 033/2022/MEPSTA/CAB/SG of 21 March 2022, repealing Circular No. 8478/MEN-RS of 15 December 1978, which excluded pregnant girls from school. The Committee also notes, from the 2024 report on the national-level review of the implementation of the Beijing Declaration and Platform for Action, 1995 (Beijing+25 national report), that the National Policy on Gender Equality and Equity (PNEEG) was updated in 2023, together with its strategic action plan 2024–28, setting as a strategic area an increase in women’s productive capacity and income levels. It notes in particular that the priority actions in the action plan include: (i) developing and implementing the national strategy to promote women’s entrepreneurship; (ii) ensuring women’s access to funding and production materials; (iii) establishing nurseries and preschools for children; (iv) strengthening men’s participation in the promotion of gender equality and equity in households and in the community; (v) implementing a system for monitoring and periodic reporting on gender equality and equity; and (vi) establishing the National Observatory for gender and development. In addition, various measures have been taken to improve access to skills and training for women and girls, particularly in sectors where they are under-represented, such as science, technology, engineering, mathematics and digital technology. With regard to the agricultural sector, the Committee notes: (i) the adoption of the Gender Action Plan 2024–28, which highlights women’s limited access to land, credit, agricultural inputs and technologies, and aims in particular to promote equal participation in training and specific rights for women in this sector; (ii) the continued implementation of the agricultural policy 2016–30, which covers women’s access to productive resources; and (iii) the implementation of the project to support the agricultural financial incentive mechanism (2018–25) which has provided women with agricultural funding for their productive activities. The Committee welcomes the various measures implemented by the Government to promote gender equality in employment and occupation. It notes however that in its Beijing +25 national report for 2024, the Government indicates that several challenges were identified, which require: (i) strengthening efforts to raise awareness of laws and adopting implementing regulations for women and girls; (ii) mobilizing additional financial resources; (iii) continuing women’s literacy programmes; (iv) strengthening women’s representation at decision-making levels; and (v) institutionalizing the collection and analysis of data disaggregated by sex. In this regard, the Committee notes that, according to the fifth general population and housing census (RGPH-5), conducted in November 2022, women represent 51.3 per cent of the total population and 57 per cent of women live in rural areas. It notes in particular that, according to the first regional handout on gender of the West African Economic and Monetary Union (WAEMU) of 2024, women’s employment rate in Togo remains low (52.1 pour cent), and lower than men’s by almost 15 percentage points (67.0 pour cent), and women represent only 18.7 per cent of employees in management positions. Women’s literacy rate is estimated at 61.3 per cent (compared to 82.4 per cent for men) and falls to 45.4 per cent in rural areas. In addition, 38 per cent of women have no education (compared to 18 per cent of men) and only 4 per cent of women have higher education (compared to 11 per cent of men). Observing that, according to these statistics, women dedicate 2.5 hours to unpaid domestic work per day (compared to 0.7 hours for men), the Committee notes, from a 2023 World Bank report, that women represent 75 per cent of those who are not in education or the labour market, with the main obstacle to employment being domestic work (World Bank, 2023, report on the economic inclusion of women and young people in high potential value chains (Inclusion économique des jeunes et des femmes dans les chaines de valeur à haut potential; French only)). The Committee requests the Government to provide information on: (i)the measures implemented under the National Policy on Gender Equality and Equity (PNEEG)and its strategic action plan, in particular to raise awareness of inequalities and effectively combat negative stereotypes regarding women’s aspirations, preferences and abilities, as well as their role in the family and society; (ii) measures taken to encourage literacy and retention of women in all levels of education, particularly in non-traditional fields of study, and to facilitate women’s access, especially in rural areas, to means of production (credit, land and so forth), and their results; and (iii) any progress made in establishing the National Observatory for gender and development, as well as in the levels of participation of men and women in education, training and employment.

Promotion of equality and combating discrimination against persons with disabilities. The Committee notes that the Labour Code prohibits direct or indirect discrimination based, in particular, on loss of autonomy or on disability in employment and occupation, and provides that the working conditions of persons with disabilities shall be determined by decree of the Council of Ministers in order to encourage the recruitment of these persons (sections 4 and 195 of the Labour Code). In this regard, the Committee notes from the national review of the implementation of the Beijing Declaration and Platform for Action (Beijing +25) for 2024 that several projects have been implemented to encourage the inclusion of persons with disabilities in education and employment, such as the education sectoral plan for 2020–30, Circular No. 165/2021/MEPSTA of 7 October 2021 on access to classrooms for reduced mobility students or the implementation of the socio-vocational reintegration project for persons with disabilities for 2023–25. It welcomes these initiatives. It notes, however, that in its 2023 concluding observations, the United Nations Committee on the Rights of Persons with Disabilities (CRPD) was concerned about (i) the persistence of discriminatory attitudes, negative stereotypes, prejudices towards persons with disabilities; (ii) the lack of educational opportunities in mainstream schools and vocational and technical training for persons with disabilities; (iii) discriminatory legislation that excludes or limits the participation of persons with disabilities in the labour market, in particular by restricting their access to study at the École nationale d’administration (National School of Management), the École nationale des professions de justice (National School of Legal Professions) and the École normale supérieure; (iv) the low rate of employment of persons with disabilities in the open labour market, particularly women with disabilities, and the barriers to employment faced by persons with disabilities, including the inaccessibility of the physical environment of many workplaces and the lack of support and individualized accommodation; and (v) the absence of effective incentives and affirmative action programmes to promote the inclusion of persons with disabilities in the open labour market, in both the public and private sectors (CRPD/C/TGO/CO/1, 11 April 2023, paras 15, 47 and 51). The Committee therefore requests the Government to provide information on: (i) any measures taken or envisaged to encourage access to education and vocational training, and to promote employment possibilities for persons with disabilities, particularly in the ordinary labour market, including under the terms of section 195 of the Labour Code, and their results; (ii) the levels of participation of men and women with disabilities in education, vocational training and employment, in both the public and private sectors; and (iii) any complaints of discrimination in employment on grounds of disability filed with the labour inspectors, courts or other competent authority, and their outcome (compensation awarded and penalties imposed).

Convention No. 100 – Principle of equal remuneration for men and women for work of equal value

Articles 1 to 4. Assessing and addressing the gender pay gap and its underlying causes. The Committee notes that, according to the harmonized survey on household living conditions (EHCVM 2021/2022), the average wage gap between women and men was estimated at 30.4 per cent in 2022. It notes however with concern that the Government only reaffirms that the principle of equal remuneration between women and men is guaranteed by section 155 of the Labour Code which provides for the same work or work of equal value, and wage scales which do not make any distinction between women and men. In this regard, the Committee recalls that the underlying causes of the gender pay gap are closely linked to equality of opportunity and treatment between women and men in employment and occupation, and in particular to questions of access to employment and occupation, occupational segregation, unequal distribution of family responsibilities, and gender roles and stereotypes. In this regard, the Committee refers to its comments made under Convention No. 111. Given the significant gender pay gap and the prevalence of gender stereotypes, the Committee requests the Government to create the conditions necessary for the collection and processing of comprehensive data on the levels of remuneration of men and women in the public and private sectors, including in the agricultural sector. It requests the Government to provide information on: (i) any available updated statistical data on men’s and women’s income, disaggregated, if possible, by economic activity and occupation, in both the public and private sectors; (ii) any available studies on the nature, scope and causes and the gender pay gap; and (iii) any specific measures taken to tackle the underlying causes of the wage gap and enable women to access jobs and activity sectors that are better paid and that offer career progression prospects.

Article 2. Application of the principle of equal remuneration by means of collective agreements. The Committee notes with regret the Government’s indication that, in practice, several collective agreements still contain provisions that are more restrictive than the principle of equal pay for work of equal value enshrined in the Convention and national legislation. It observes that the Government has not provided any information on measures taken to remedy this situation, and that it has undertaken to submit a request as soon as possible for technical assistance of the Office in order to raise awareness of the concept of work of equal value among all those concerned, including employers, workers and the Government. The Committee therefore once again requests the Government to take the necessary measures to promote the principle of equal pay for work of equal value among the social partners to ensure that collective agreements signed between the social partners contain provisions in conformity with the principle set out in the Convention and national legislation. It requests the Government to provide information on any measures and activities carried out to this end, as well as copies of the provisions of collective agreements adopted to give effect to section 140(g) of the Labour Code, requiring that collective agreements include provisions concerning the terms for the application of the principle of equal pay for work of equal value.

Setting the minimum wage. The Committee notes that section 158 of the Labour Code sets out that the guaranteed interoccupational minimum wages (SMIG) are set by order of the Minister of Labour further to the advisory opinion of the National Labour Council. In determining the SMIG, consideration is given, in particular, to the needs of workers and their families, the general level of wages in the country, the cost of living and fluctuations thereof, social security benefits, economic factors, the requirements of economic development, productivity and employment levels. In this regard, the Committee takes notes of Order No. 3790/MFPTDS/DGT of 31 December 2022 on the revision of the SMIG and the guaranteed agricultural minimum wage (SMAG), which are set at 302.89 West African CFA francs per hour or 52,500 West African CFA francs per month across the national territory for all activity branches, from 1 January 2023. In this regard, the Committee recalls that women predominate in low-wage employment, and a uniform national minimum wage system helps to raise the earnings of the lowest paid, it has an influence on the relationship between men and women’s wages and on reducing the gender pay gap (2012 General Survey on the fundamental Conventions, para. 683). The Committee requests the Government to indicate the proportion of workers paid at these rates and, where possible, the adoption of any new text to update the SMIG and the SMAG.

Article 3. Objective job evaluation. Recalling that section 155 of the Labour Code provides that evaluation methods are based on impartial considerations pertaining primarily to the nature of the work that the jobs involve, the Committee notes the Government’s indication that there is not, in practice, a job evaluation method in the private sector. In the public sector, remuneration is set taking into consideration primarily civil servants’ qualifications and the positions they hold. The Government adds that, to remedy this situation, it intends to mobilize the necessary financial and technical resources to train: (i) first, key players, such as those in charge of payroll within enterprises, those in charge of social dialogue, and labour inspectors, in job evaluation methods; and (ii) second, it plans to organize awareness-raising workshops and activities for the social partners in general to explain these methods. Recalling that the effective application of the principle of the Convention implies the adoption of a method that allows for the relative value of different jobs occupied by men and women, because men and women do not generally do the same work, the Committee draws the Government’s attention to the fact that there needs to be an examination of the respective tasks involved, undertaken on the basis of entirely objective and non-discriminatory criteria to avoid the assessment being tainted by gender bias – such as skills and qualifications, responsibilities and conditions of work. Measures for the objective evaluation of jobs can be taken at the enterprise, sectoral or national level, in the context of collective bargaining, as well as through wage-fixing mechanisms (see the 2012 General Survey on the fundamental Conventions, paras 695 and 701). The Committee requests the Government to provide information on the progress made in application of section 155 of the Labour Code, indicating the measures taken to ensure that, in practice, any job evaluation method is based on objective criteria, such as skills and qualifications, effort, responsibilities and working conditions, to ensure the effective application of the principle of the Convention. It also requests the Government to provide a copy of an updated wage scale concerning the amount and rates of the various elements of civil servants’ remuneration, adopted under section 183 of Act No. 2013-002 of 21 January 2013 issuing the General Public Service Regulations.

Enforcement. The Committee notes the Government’s indication that to date the competent services have not recorded any complaints of pay inequality for a worker carrying out the same work as a colleague of the opposite sex. The Government indicates that, in order to obtain reliable statistics, a general investigation may be led on this matter, in coordination with the labour inspectorate, if resources allow, to get a clear picture of the application of the regulations and take appropriate measures. The Committee requests the Government to provide information on: (i) any activity undertaken to raise awareness among workers, employers and their organizations of the relevant legislative provisions, procedures and remedies available in relation to the principle of the Convention; (ii) any measures taken to build the capacities and resources available to labour inspectors, magistrates and other public service officials to identify and deal with cases of unequal remuneration between men and women; and, where relevant; and (iii) the results of any general investigations conducted on this matter, in coordination with the labour inspectorate, as well as the number and nature of cases of unequal remuneration dealt with by labour inspectors, courts or any other competent authority, including penalties imposed and compensation awarded.

Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

Article 1(a) of the Convention. Prohibited grounds of discrimination. Public service. With reference to its previous comments concerning section 45 of Act No. 2013-002 of 21 January 2013 issuing the General Public Service Regulations, which do not cover all the grounds of discrimination set out in the Convention, including race, colour, national extraction and social origin, and only concern recruitment, the Committee notes the Government’s repeated indication, in its report, that it will take account of the Committee’s comments in the revision of the General Public Service Regulations, in order to provide public employees the same protection as that provided to workers in the private sector. It observes that at the Council of Ministers, held in December 2023, the Government adopted a new Bill on the reform of the General Public Service Regulations. The Committee trusts that the Government will take all the necessary measures, within the framework of the current General Public Service Regulations, in order to ensure that: (i) public employees are afforded full protection against discrimination, including at least all the grounds of discrimination specified in Article 1(1)(a) of the Convention, as well as any other grounds that it considers useful to add (particularly to bring the protection against discrimination afforded to public servants into line with the protection for workers in the private sector); and (ii) the prohibition of discrimination covers not only recruitment, but also access to vocational training, and the terms and conditions of employment in the public service. It requests the Government to provide information on any progress made in this area and to provide a copy of the General Public Service Regulations, once adopted.

Discrimination on the basis of sex. Sexual harassment. The Committee notes the Government’s statement that section 40 of the Labour Code, which prohibits both quid pro quo sexual harassment and sexual harassment resulting in an intimidating, hostile or humiliating work environment, but which restricts the scope of application of this provision to sexual harassment committed by a hierarchical superior, can only be amended at the forthcoming revision of the Labour Code. It notes with interest that the Government has strengthened the legislation in order to combat sexual harassment, particularly through the adoption of: (i) Act No. 2022-018 of 15 November 2022 amending the Criminal Code; (ii) Act No. 2022-020 of 2 December 2022 on the protection of students against sexual violence, particularly in education and vocational training centres; and (iii) Order No. 0316/MFPTDS of 2 February 2024 on the prohibition of discrimination, sexual or psychological harassment, violence or intimidation in professional environments and workplaces. The Committee notes, however, that unlike the Labour Code, sections 237 ter and 399 of the Criminal Code, as amended in 2022, and section 15 of Act No. 2022-020 define sexual harassment in a restricted manner by only covering quid pro quo sexual harassment, or in other words harassment aimed at obtaining favours of a sexual nature from another person against their will. The Committee recalls that for the full implementation of the Convention, it is essential for sexual harassment in employment and occupation to be clearly defined and prohibited, including both quid pro quo and hostile work environment sexual harassment (see 2023 General Survey on achieving gender equality at work, para. 113). The Committee also highlights that it is the dissuasive and accessible character of penalties as well as their effectiveness, that counts, whether they are provided for by criminal law, labour law, or civil or administrative law. In this regard, it recalls that it considers that addressing sexual harassment only through criminal proceedings is normally not sufficient, due to the sensitivity of the issue, the higher burden of proof, which is harder to meet, especially if there are no witnesses (which is often the case), (see 2012 General Survey on the fundamental Conventions, para. 792). Lastly, the Committee notes the Government’s indication that no awareness-raising campaign has been launched on the subject among employers, workers and their respective organizations, nor among labour inspectors. The Committee requests the Government to take any necessary measures to include, within the various relevant legislation on employment relationships, a clear and comprehensive definition of sexual harassment, that is, not only quid pro quo sexual harassment but also sexual harassment resulting in a hostile work environment, protecting all workers, men and women, and covering harassment perpetrated by a person in a position of authority, a colleague, a subordinate or by a person with whom workers have contact as part of their job. It also requests the Government to provide information on: (i) any amendment made, in this regard, especially to the Labour Code, Criminal Code and Act No. 2022-020; (ii) awareness-raising and capacity-building activities carried out for employers and workers and their organizations, as well as the competent authorities, with a view to preventing sexual harassment in employment and occupation in all its forms, including under section 42 of the Labour Code and section 5 of Act No. 2022-020; and (iii) the number of complaints of sexual harassment received by the competent authorities, and their outcome (compensation awarded and penalties imposed). The Committee also requests the Government to provide a copy of above-mentioned Order No. 0316/MFPTDS of 2 February 2024.

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

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Articles 1 and 2 of the Convention. Assessment of gender pay gaps. In its report, the Government indicates that, with regard to the assessment of the gender pay gap, in Togo, workers’ pay is not disaggregated by sex and is identical for men and women. While noting that the section 155(1) of the new Labour Code of 18 June 2021 (Act No. 2021-012) provides for equal pay among workers “for the same work or work of equal value” (identical in this respect to section 118 of the former Code) - which properly reflects the principle laid down by the Convention - the Committee states that its request concerned the situation in practice and the means of evaluating it. It emphasizes that in many countries, including those where the legislation is in conformity with the Convention, there are in fact gender pay gaps for work of equal value. In order to reduce these gaps, it must be possible to assess them. To be able to do this, it is necessary to have comprehensive and reliable statistical data on the remuneration of men and women in order to develop, implement and assess the measures taken. The Committee therefore reiterates its request to the Government to take the necessary steps to collect and analyse data on workers’ pay, disaggregated by sex, in the various sectors of economic activity, including the public sector, and in the various occupational categories, in order to be able to use them to develop and implement measures aimed at reducing any pay gaps that may exist in practice between men and women for work of equal value. The Committee requests the Government to provide information on any measures taken in this regard.

Article 2. Application of the principle of equal remuneration by means of collective agreements. In its previous comment, having emphasized that several collective agreements signed by the social partners provided that “under equal conditions of work, skill and output, wages shall be equal for all workers”, a provision which was more restrictive than the principle of equal pay for work of equal value enshrined in the Convention, the Committee requested the Government to take steps to raise awareness among workers’ and employers’ organizations of the principle of the Convention, particularly the concept of “work of equal value”, and to encourage them to consider revising the collective agreements in this regard. The Committee notes that the collective agreements annexed to the Government’s report show the same failure to conform to the principle of the Convention. It also notes the Government’s response that the concept of work of equal value has not been understood by those involved in the world of work (the employers as well as the workers and the Government) and that awareness-raising must be carried out among these three stakeholders in social dialogue. To this end, the Government requests the technical assistance of the Office to ensure a better understanding and implementation of the Convention in the country. The Committee invites the Government to present a formal request for technical assistance to the Office to raise the awareness of all persons concerned of the principle of the Convention. It requests the Government to provide information in its next report on the follow-up given to this request and on activities carried out to ensure that the collective agreements signed among the social partners contain provisions which are in conformity with the principle of equal pay for work of equal value enshrined in the Convention.

Article 3. Objective job evaluation. As noted by the Government itself in its report, section 155(4) of the Labour Code indicates that “job evaluation methods are based on impartial considerations pertaining primarily to the nature of the work that the jobs involve”. The Government recognizes, however, that the establishment of the different vocational categories and the determination of the corresponding wage scales are based exclusively on diplomas and not on an objective job evaluation. The Committee once again recalls that the method used must allow for a comparison of the relative value of different jobs, and not of individuals. Tasks to be performed should therefore be examined on the basis of perfectly objective and non-discriminatory criteria, such as skills and qualifications, the effort required, responsibilities and working conditions (see General Survey on fundamental Conventions, paragraphs 695–709). The Committee requests the Government to indicate the measures taken or envisaged to raise awareness and train the social partners in objective job evaluation methods. It reminds the Government of the possibility to avail itself of ILO technical assistance in this regard.

Enforcement. In reply to the questions the Committee asked in its previous comment on enforcement of the Convention, the Government states that: (1) no measures have been taken to raise awareness among workers, employers and their organizations of the legislation relating to equal pay for work of equal value and to reinforce the specific means available to labour inspectors, judges and other public officials to detect and address cases of gender pay inequality; (2) no training activities relating to the principle of the Convention have been organized or planned for labour inspectors and other employees of the labour administration; and (3) no administrative or judicial decisions on gender-related pay discrimination are available. The Committee requests the Government to provide information on any developments in this regard, once it has benefited from the technical assistance required above.

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 1(1)(a) of the Convention. Discrimination on the basis of sex. Further to the adoption of Act No. 2014-019 of 17 November 2014, which amended the Personal and Family Code and, in particular, abolished the status of “head of the family” by making both spouses jointly responsible for the family (new section 99) and abolished discriminatory provisions towards women with regard to inheritance, the Committee requested the Government to provide information on the measures taken to publicize the new Personal and Family Code. The Government indicates in its report that it has organized several meetings to publicize the new Code for various populations across the country during which many copies of the Code were distributed. The Committee notes this information.

Articles 2 and 3. Equality of opportunity and treatment between men and women. In its previous comment, the Committee requested the Government to provide information on: (1) any evaluation undertaken of the National Policy on Gender Equity and Equality (PNEEG) of 2011; (2) the measures aiming to promote equality between men and women in education, training, employment and occupation; and (3) the activities of the Ministry Responsible for the Promotion of Women and those of the gender focus groups of ministerial departments in the area of employment. The Committee notes the information provided by the Government on the results achieved and the obstacles encountered in the implementation of the PNEEG, particularly the weak involvement of the private sector in promoting gender and the low level of activity of the gender focus groups of the ministerial departments. With regard to the measures aiming to promote gender equality, the Government indicates that it has, inter alia, updated the Education Sector Plan (PSE) to include the issue of gender; established new vocational training centres aimed at making this type of training accessible to all, including girls with difficulties in traveling and finding accommodation; and implemented a project to promote girls in scientific, technical and vocational fields by awarding academic achievement grants. The ministry responsible for the promotion of women has implemented a “girls’ academic achievement and leadership project” since 2017, as well as a national programme for women’s professional leadership. The Government states that it is committed to making access to means of production and employment opportunities one of the priorities for promoting gender equality, in particular by supporting the transition from formal to informal work. The gender focus groups periodically hold capacity-building sessions for women in the ministerial departments on several themes. The Committee notes that, in its report on the national-level review of the implementation of the Beijing Declaration and Platform for Action, 1995 (Beijing +25, national report), which covers the period between 2014-2019, the Government indicates that the five priorities identified by Togo to accelerate progress for women and girls are: (1) equality and non-discrimination in law and access to justice; (2) quality education, training and lifelong learning for women and girls; (3) elimination of poverty, and strengthening of agricultural productivity and food security; (4) elimination of violence against women and girls; and (5) political participation and representation. It notes that, while the Government refers to progress made in legislative, political, programmatic and strategic matters, it also recognizes that there are bottlenecks and failings with regard to gender equality and empowerment of women and girls. At the legal level, the Committee notes, for example, the adoption of Act No. 2018-005 of 14 June 2018 issuing the Land and Property Code, which currently guarantees access to land ownership for women on the same footing as men (sections 8, 13, 14, and 483).

At the level of the policy framework, the Committee notes the following initiatives: (1) the strategy for accelerated growth and employment promotion (SCAPE 2013-2017) which was followed by the national development plan (PND 2018-2022), the third pillar of which provides for the continued promotion of gender equity and equality, the empowerment of women and their effective participation in decision-making at all levels of the development process; (2) the 2016-2030 Agricultural Policy, the second pillar of which includes the issue of women’s access to productive resources (with a view to increasing their productive capacity) and the management and control of their own incomes; and (3) the updated 2011 national policy on gender equity and equality (PNEEG) and the corresponding implementation strategy revised in July 2019, the strategic directions of which focus on: promoting the position and potential of women in the family and community; increasing women’s productive capacity and income; improving equitable access of women and men to social services; promoting equitable participation of men and women in the management of power, respect for the law and elimination of all forms of violence; and strengthening the intervention capacities of the institutional framework for the implementation of the PNEEG. In this regard, the Committee notes that the Togo Decent Work Country Programme (DWCP) (2019-2022) also highlights that conditions of access to positions of responsibility remain difficult owing to sociocultural considerations, as the prevailing opinion is still that women should be committed to their reproductive function and household tasks. This in turn reinforces the structural barriers limiting their access to education, training, land and productive assets, while restricting the time and mobility they need for productive work and the choice of economic activity. With regard to combating gender stereotypes concerning women’s aspirations, preferences and vocational skills, and their role in the family and society in general, the Committee notes the Government’s statement that this consists essentially of organizing information and awareness-raising sessions for target populations and various socio-professional categories; holding public meetings and conferences; and awarding grants or computers to encourage women and girls to continue their studies in science subjects. In the light of the foregoing, the Committee requests the Government to provide information on the measures taken or envisaged to: (i) increase the involvement of the private sector in the promotion of gender equality; (ii) enhance the efficiency of the gender focus groups (gender focal points) in view of their central role; and (iii) facilitate women’s access, especially in rural areas, to means of production (credit, land etc.). It also requests the Government to provide detailed information on the results achieved through the new vocational training centres, the girls’ academic achievement and leadership project, the national programme for women’s professional leadership, and grants or computers awarded to encourage women and girls to continue their studies in scientific subjects (the number of women enrolled in the training centres and participating in various projects, statistics on the results achieved, the number of grants awarded and status of the number of young women continuing their studies in science subjects etc.). Furthermore, as the establishment of gender equality ensues from an awareness of the influence of gender stereotypes and their transformation, the Committee requests the Government to continue to provide information on the measures taken to effectively combat gender stereotypes, including through educational and vocational training institutions, the media and cultural industries (television, radio, advertising, cinema, theatre, social media etc.)

Article 3(d). Employment of women in the public sector. In response to the Committee’s request to train more women and encourage them to apply for a wider range of jobs in the public service, particularly higher-level posts and positions of responsibility, the Government merely produces data on the numbers, disaggregated by sex, of workers in categories A1 and A2 of the public service (workers who may be appointed to positions of responsibility). These data show that the proportion of women among public workers in these grades remained strikingly unchanged from 2015 (15.8 per cent) to 2019 (15.9 pour cent). The Committee also requested the Government to eliminate the obstacles that women may face in employment, in particular to combat negative stereotypes concerning women in society. In this regard, the Committee notes that the Government, in its Beijing +25 national report, recognizes that one of the obstacles to gender equality is the persistence of gender stereotypes. It also notes the concluding observations of the United Nations Human Rights Committee inviting the Government to take urgent action to strengthen public information and awareness-raising activities to eliminate sexist stereotypes, counter the problem of women’s subordination and promote respect for the roles and shared responsibilities of men and women in the family and in society (CCPR/C/TGO/CO/5, 24 August 2021, paragraph 20(c)). In light of the lack of any progress recorded for years on the proportion of women in positions of responsibility in the public service, the Committee requests the Government to indicate the concrete measures taken or envisaged to remedy this, and the results achieved. It also once again requests the Government to combat negative stereotypes concerning the aspirations, preferences and capabilities of women and their role in society and to eliminate, at every stage of employment, the obstacles that they may face.

Article 2. Promotion of equality and combating discrimination on grounds other than sex. In its previous comments, the Committee recalled that apart from sex, the most frequently cited grounds for discrimination in employment were ethnicity and social origin, followed by political opinion. As the Government, in its report, states that it was unable to provide the information requested by the Committee on the recommendations from the consultations and advocacy project for equitable access to employment in the private and public sectors carried out in 2014 and 2015, the Committee requests it to provide information on the measures taken or envisaged to combat discrimination and promote equality in employment and occupation irrespective of race, colour, national extraction, religion, political opinion, and social origin, in cooperation with employers’ and workers’ organizations.

General observation of 2018. The Committee thanks the Government for the information provided in response to the questions asked in the above observation.

Statistics. The Committee notes the Government’s statements in its Beijing +25 national report on the progress made in the availability of data disaggregated by sex and statistics on gender through the establishment of an inter-institutional coordination mechanism for statistics on gender, the development of a gender statistics database and dashboard, as well as capacity-building for managers of the national statistical system relating to the development of these statistics to promote the increased use of gender-specific data in policymaking and the implementation of programmes and projects. The Committee requests the Government to provide up-to-date statistical data on: (i) the economically active population disaggregated by sex in the private and public sectors; (ii) the numbers of women and men at all education levels and in the various vocational training provided; and (iii) the number of men and women who have found a job further to one of these training modalities, in particular a job traditionally occupied by a person of the opposite sex.

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 1(a) of the Convention. Protection of workers against discrimination. Legislation. Public service. The Committee recalls that the Labour Code of 18 June 2021 prohibits discrimination on grounds of sex, colour, religion, ethnicity, race, political or philosophical opinion, trade union or cooperative activities, origin, including social origin, morals, legal status, national extraction, physical appearance, age, family situation, pregnancy and health, loss of autonomy or disability (section 4). In its previous comments, the Committee noted that the provisions of the Act of 21 January 2013 issuing the General Public Service Regulations, which prohibit discrimination (section 45), do not cover all the grounds of discrimination set out in the Convention, including race, colour, national extraction and social origin, and that they only concern recruitment. It therefore requested the Government to envisage the possibility of amending section 45 of the General Public Service Regulations with a view to ensuring that public service personnel are fully protected from discrimination. The Committee notes with concern that the Government once again confines itself to indicating that it has taken due note of this request, without providing any details on the measures envisaged to do so. In this regard, it once again recalls that, when legal provisions are adopted to give effect to the principle of the Convention, they should include at least all the grounds of discrimination specified in Article 1(1)(a) of the Convention (General Survey on the fundamental Conventions, 2012, paragraph 853). The Committee recalls that the purpose of the Convention is to protect all persons against discrimination in employment and occupation on the basis of race, colour, sex, religion, political opinion, national extraction and social origin (with the possibility of extending its protection to discrimination on the basis of other grounds) and that no provision in the Convention limits its scope with regard to individuals or branches of activity. The Convention therefore applies to all sectors of activity, the public and private sectors, formal economy and informal economy (2021 General Survey, paragraph 733). In light of the above, the Committee firmly hopes that the Government will take the necessary measures in the near future to amend section 45 of the Act of 21 January 2013 issuing the General Public Service Regulations so that, in line with the Convention, public service employees are fully protected from discrimination, including discrimination based on race, colour, national extraction and social origin, as well as any other grounds that it considers useful to add (particularly to bring the protection against discrimination afforded to public servants into line with the protection for workers in the private sector) and to ensure that the prohibition of discrimination covers not only recruitment, but also terms and conditions of employment in the public service.

Discrimination on the basis of sex. Sexual harassment. The Committee notes with interest the adoption of Act No. 2021-012 of 18 June 2021 issuing the Labour Code, which amends section 40 of the Labour Code to include and explicitly prohibit – as the Committee had requested in its previous comments – both forms of sexual harassment, namely quid pro quo sexual harassment and sexual harassment resulting in an intimidating, hostile or humiliating work environment. However, the Committee notes, that contrary to its request, the reference to “misuse of authority” has not been removed, which effectively restricts the scope of application of this provision to sexual harassment committed by a hierarchical superior and does not cover harassment by a work colleague with the same status, a junior, customers of the enterprise or other persons encountered in the work context. Furthermore, the Committee once again notes that the provisions of Act No. 2015-010 of 24 November 2015 issuing the new Penal Code relating to sexual harassment (sections 399–401) only cover quid pro quo sexual harassment, or in other words harassment “aimed at obtaining favours of a sexual nature from another person against their will”. The Committee requests the Government to amend section 40 of the Labour Code to remove any reference to the concept of a misuse of authority. It also requests the Government to provide information on any measures taken or envisaged to prevent sexual harassment in respect of employment and occupation, including through training for labour inspectors and awareness-raising campaigns for employers, workers and their respective organizations.

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

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes that the Government’s report does not contain any reply to its previous comments made in 2014. It requests the Government to provide detailed information on the following points in its next report.

Articles 1 and 2 of the Convention. Assessment of pay gaps. The Committee recalls that it is particularly important to have full and reliable statistics on remuneration for men and women in order to develop, implement and evaluate measures taken to eliminate pay gaps. It notes that the Government’s report does not contain any statistical information in this regard. The Committee once again requests the Government to take the necessary steps to collect and analyse data on workers’ pay, disaggregated by sex, in the various sectors of economic activity, including the public sector, and in the various occupational categories, and to provide these data in its next report.

Article 2. Application of the principle of equal remuneration by means of collective agreements. In its previous comments, the Committee emphasized that the interoccupational collective agreement of Togo (CCIT) of 20 December 2011 provides that “under equal conditions of work, skill and output, wages shall be equal for all workers, irrespective of their origin, sex, age or status”. It also underlined the fact that the clauses on the “principle of remuneration” of many sectoral collective agreements (for mining, road transport, commerce, construction and public works, etc.) contain identical provisions which are more restrictive than the principle of the Convention. The Committee asked the Government to take steps to raise awareness among workers’ and employers’ organizations of the principle of the Convention, particularly the concept of “equal remuneration for men and women workers for work of equal value”, and to encourage them to consider revising the CCIT and also the identical provisions in sectoral collective agreements, so that they reflect the principle established by the Convention and enshrined in the Labour Code (sections 103(7) and 118). However, the Committee notes that the Government refers in its report to the conclusion in December 2016 of the collective agreement for commerce, section 33(1) of which provides, like other sectoral collective agreements, that “under equal conditions of work, skill and output, wages shall be equal for all workers, irrespective of their origin, sex, age or status”. The Committee recalls that by limiting the concept of equal pay to jobs involving equal conditions of work, skill and output, these provisions establish, in terms of remuneration, a more restrictive principle than that of the Convention. Indeed, work may be performed under different conditions, require different skills or produce different outputs but still be of equal value overall, and the Convention therefore provides that it must be equally remunerated. Furthermore, the criterion of “output” can result in the creation of different wage groups based on the output of each sex. The Committee wishes to remind the Government once again that experience has shown that insistence on factors such as “equal conditions of work, skill and output” can be used as a pretext for paying women lower wages than men (see the 2012 General Survey on the fundamental Conventions, paragraph 677). The Committee once again requests the Government to take steps to raise awareness among workers’ and employers’ organizations of the principle of the Convention, particularly the concept of “work of equal value”, and to encourage them to consider revising the CCIT and also the identical provisions in sectoral collective agreements, so that they reflect the principle set out in the Convention and enshrined in the Labour Code (sections 103(7) and 118).

Article 3. Objective job evaluation. In its previous comments, the Committee observed that the CCIT contains occupational classifications in a schedule and a new reference scale establishing the basic wages for each occupational category. It noted that, in this collective agreement, many occupational categories are defined solely, or almost solely, on the basis of the skills, knowledge and diplomas required. The Committee recalled that the concept of “work of equal value” involves the use of a method that allows the relative value of different jobs to be measured and compared. Emphasis is placed here on the overall value of the work performed. Tasks should therefore be examined on the basis of perfectly objective and non- discriminatory criteria, such as skills and qualifications, the effort required, responsibilities and working conditions, as such objective evaluation is crucial to eliminating any risk of undervaluing jobs traditionally held by women (see 2012 General Survey, paragraphs 695–709). The Committee once again requests the Government to take steps to raise awareness among the social partners and to train them in objective job evaluation methods. The Government is also asked to indicate how, when establishing the various occupational categories and fixing the corresponding wage scales through collective bargaining, workers’ and employers’ organizations ensure that this process does not lead to the undervaluation of so-called “female” jobs and, consequently, jobs primarily held by women.

Enforcement. The Committee notes that the Government’s report merely gives a general description of the powers of labour inspectors provided for by the Labour Code. The Committee once again requests the Government to provide information on the following points: (i) the specific measures taken to raise awareness among workers, employers and their organizations of the legislation relating to equal pay for work of equal value (section 118 of the Labour Code) and to reinforce the specific means available to labour inspectors, judges and other public officials to detect and address cases of gender pay inequality; (ii) training activities organized or planned for labour inspectors and other employees of the labour administration relating to the principle of the Convention and, in particular, the concept of “work of equal value”; and (iii) any administrative or judicial decisions on gender-related pay discrimination.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 1 of the Convention. Protection of workers against discrimination. Legislation. Public service. In its previous comment, the Committee emphasized that the provisions of the Act of 20 January 2013 issuing the General Public Service Regulations which prohibit discrimination do not cover all the grounds of discrimination set out in the Convention, including race, colour, national extraction and social origin, and that they only concern recruitment. The Committee therefore asked the Government to consider the possibility of amending section 45 of the General Public Service Regulations in order to ensure that public service staff are fully protected from discrimination. The Committee also recalls that in the private sector the Labour Code prohibits discrimination on the basis of sex, race, colour, religion, ethnic origin, political or philosophical opinion, social origin, legal status, national extraction, health status or disability (section 3). The Committee notes that the Government merely recalls the provisions of the regulations governing recruitment and indicates that it has noted the Committee’s comments. In this regard it also recalls that, when legal provisions are adopted to give effect to the principle of the Convention, they should include at least all the grounds of discrimination specified in Article 1(1)(a) of the Convention (see 2012 General Survey on the fundamental Conventions, paragraph 853). The Committee therefore requests the Government once again to take the necessary steps to amend section 45 of the Act of 20 January 2013 issuing the General Public Service Regulations so that, in line with the Convention, public service staff are fully protected from discrimination, including discrimination based on race, colour, national extraction and social origin, as well as any other grounds that it considers useful to add, particularly to bring the protection against discrimination afforded to public servants into line with the protection enjoyed by workers in the private sector, and to ensure that the prohibition of discrimination covers not only recruitment but also conditions of employment in the public service.

Sexual harassment. For ten years, the Committee has been emphasizing that section 40 of the Labour Code only covers quid pro quo sexual harassment, that it does not address hostile work environment sexual harassment and that it only covers sexual harassment committed by a person misusing a position of authority. The Committee notes the Government’s indication that it will take account of this concern “in the revision of the Labour Code”. The Committee also notes that the provisions of Act No. 2015-010 of 24 November 2015 issuing the new Penal Code that relate to sexual harassment (sections 399–401) also only cover quid pro quo sexual harassment, in other words harassment “aimed at obtaining favours of a sexual nature from another person against their will”. The Committee once again requests the Government to take the necessary steps to amend section 40 of the Labour Code so as to include a definition of both forms of sexual harassment, namely: quid pro quo sexual harassment; and sexual harassment resulting in an intimidating, hostile or humiliating work environment; explicitly prohibit such conduct; and remove any reference to the concept of misuse of authority. The Committee once again encourages the Government to take measures to prevent sexual harassment in respect of employment and occupation, including through training for labour inspectors and awareness-raising campaigns for employers, workers and their respective organizations.

Articles 2 and 3. Equality of opportunity and treatment between men and women. The Committee notes that, despite its request, the Government’s report does not contain any information on the measures taken to implement the National Policy on Gender Equity and Equality (PNEEG), which was adopted in 2011, or on its strategic policy measures for education, vocational training and guidance (diversification of training options), employment and occupation. The Committee also notes that a new National Policy on Gender Equity and Equality for 2019–23 and its five-year action plan have been in preparation since 2018. In addition, the Committee notes the statement made in March 2019 by the Minister for Social Action, Promotion of Women and Literacy that “Togo, in its vision to promote human inclusiveness in all areas, intends to guarantee by 2030 the full and effective participation of women in, and fully equal access to, positions of responsibility in political, economic and public life”. The Committee wishes to recalls that the implementation of a national equality policy provided for by Article 2 of the Convention presupposes the adoption of a range of specific measures, which often consist of a combination of legislative and administrative measures, collective agreements, public policies, affirmative action measures, dispute resolution and enforcement mechanisms, specialized bodies, practical programmes and awareness raising. It also wishes to draw the Government’s attention to Article 3(f) of the Convention, which provides that each member State ratifying it must indicate “… the action taken in pursuance of the policy and the results secured by such action”. The Convention envisages the impact of the national equality policy being regularly assessed with a view to reviewing and adjusting existing measures and strategies on a continuing basis. Such continual monitoring, assessment and adjustment is required, not only of the measures in place to promote equality, but also of their impact on the situation of the protected groups and the incidence of discrimination (see 2012 General Survey on the fundamental Conventions, paragraphs 847–848). The Committee requests the Government to provide information on any evaluation undertaken of the PNEEG of 2011 (results achieved, obstacles encountered, etc.) and, in particular, its impact on women’s access to formal employment, especially in traditionally “male” sectors, and to positions of responsibility. The Committee requests the Government to provide more detailed information on the measures aiming specifically to promote equality between men and women in education, training, employment and occupation provided for as part of the new policy in this field. The Committee once again requests the Government to provide information on the activities of the ministry responsible for the promotion of women and those of the gender focus groups of ministerial departments in the area of employment.

Article 3(d). Employment of women in the public sector. For several years, the Committee has noted the low proportion of women in the public service, particularly in higher-level posts and in positions of responsibility. It notes that the Government states in its report that “efforts are being made in this respect” but that there is no indication of specific steps taken to this end or the results achieved. In this regard, the Committee notes that, according to the statistics on the proportion of women in positions of responsibility in the public administration, included in the fifth periodic report of Togo on the implementation of the International Covenant on Civil and Political Rights, women occupy only 402 out of 3,323 positions of responsibility (12 per cent) (CCPR/C/TGO/5, 17 January 2019, paragraph 52). The Committee once again requests the Government to take the necessary steps to train more women and encourage them to apply for a wider range of jobs in the public service, particularly higher-level posts and positions of responsibility. The Committee requests the Government to provide information on any measures taken in this respect and on the results achieved (statistics according to grades, studies, etc.). It also requests the Government to eliminate, at every stage of employment, the obstacles that they may face because they are women and in particular to combat negative stereotypes concerning the aspirations, preferences and capabilities of women and their role in society.

Article 2. Promotion of equality and combating discrimination on grounds other than sex. The Committee recalls that the surveys conducted as part of the PAMODEC study on discrimination which was completed in 2013 show that the most frequently cited grounds, apart from sex, for discrimination in employment are ethnicity and social origin, followed by political opinion. It asked the Government to provide information on the measures taken or envisaged to combat discrimination and promote equality in employment and occupation without any distinction on the basis of race, colour, national extraction, religion, political opinion or social origin. The Committee notes the Government’s indication that discriminatory practices at the time of recruitment against ethnic minorities are not accepted in Togo and that it reiterates the applicable provisions of the Labour Code and the General Public Service Regulations prohibiting discrimination. The Committee also notes that, according to the Government’s report, a consultation and advocacy project for equitable access to private and public employment was conducted from August 2014 to August 2015 as part of the Civil Society and National Reconciliation Support Project (PASCRENA). As regards discrimination on the basis of race, colour and national extraction, the Committee wishes to draw the Government’s attention to its general observation of 2018 on this subject, in which it emphasized the fact that forms of discrimination based on race, colour and national extraction often interact with other prohibited grounds of discrimination, including, for example, religion, social origin and sex, and drew governments’ attention to the need to take into consideration and address the effects of multiple forms of discrimination in employment and occupation. In this general observation the Committee also recalled that universal education, compulsory and free of charge to the same level for everyone, is one of the basic starting points for a national equality policy required under Articles 2 and 3 of the Convention to promote equality of opportunity and treatment in employment and occupation. It also underlined the efforts deployed in many countries to tackle discrimination and promote equality of opportunity and treatment, irrespective of race, colour and national extraction, by various concrete measures including: (i) targets and quotas in education, vocational training and employment; (ii) special employment promotion programmes; (iii) action plans targeting specific ethnic groups; and (iv) the establishment of specialized bodies with varying mandates, ranging from awareness-raising and promotional functions to dealing with discrimination complaints and formulating policy recommendations. The Committee requests the Government to provide information on the recommendations resulting from workshops in the context of the consultation and advocacy project for equitable access to employment in the public and private sectors, and on the related implementation and follow-up.

General observation of 2018. The Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 1(1)(a) of the Convention. Discrimination on the basis of sex. The Committee recalls that it welcomed the adoption in July 2012 of the new Personal and Family Code, which repealed a number of provisions that were discriminatory towards women. However, the Committee stressed the fact that some discriminatory provisions remained, including those connected with the status of “head of the family” (benefiting the husband) and asked the Government to take the necessary steps to repeal them. The Committee recalls that in practice the concept of “head of the family” to the benefit of the husband has the effect of perpetuating negative stereotypes regarding the role of women in the family and, more generally, in society, which tends to perpetuate and reinforce inequalities in vocational guidance and training and in employment. The Committee notes with satisfaction the adoption of Act No. 2014-019 of 17 November 2014, which has amended the Personal and Family Code and, in particular, abolished the status of “head of the family” by making both spouses jointly responsible for the family (new section 99) and abolished discriminatory provisions towards women with regard to inheritance. Noting that there have been plans since December 2018 for the Ministry of Social Action, Promotion of Women and Literacy to organize meetings to publicize the new Personal and Family Code, the Committee requests the Government to provide information on any specific activities undertaken to raise awareness of its provisions and on its application in practice. The Committee also requests the Government to take steps to combat sexist stereotypes regarding the aspirations, preferences and occupational capabilities of women and their role in the family and society in general.

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

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

Articles 1 and 2 of the Convention. Assessment of pay gaps. The Committee recalls that it is particularly important to have full and reliable statistics on the remuneration of men and women in order to develop, implement and evaluate the measures taken to eliminate wage gaps. The Committee requests the Government to make the necessary efforts to collect and analyse such data disaggregated by sex, on the various sectors of economic activity, including the public sector, and on the various occupational categories, and to provide this data in its next report. It once again asks the Government to provide information on any specific measures taken with a view to reducing the gender pay gap, including in the context of the national policy on gender equity and gender equality adopted in 2011, and particularly the measures taken to address the underlying causes of wage inequalities (occupational segregation, prejudices regarding women’s career aspirations and professional abilities and the role of women and men in society).

Article 2. Application of the principle by means of collective agreements. The Committee notes the signing, on 20 December 2011, of the new inter occupational collective agreement of Togo (CCIT). It nevertheless observes that the social partners have not taken this opportunity to include provisions reflecting the principle of equal remuneration for men and women for work of equal value. Clause 25 of the new CCIT provides that “under equal conditions of work, skill and output, wages shall be equal for all workers, irrespective of their origin, sex, age or status”. Clause 41 of the collective agreement for the Togo export processing zone, adopted in October 2012, and the clauses on the “principle of remuneration” of various sectoral collective agreements (mining, road transport, commerce, construction and public works, etc.) contain identical provisions. The Committee considers that, by limiting equal remuneration to jobs involving equal conditions of work, skill and output, these provisions establish, in terms of remuneration, a more restrictive principle than that of the Convention. It recalls in this regard that work can be performed under different conditions, require different skills or produce different outputs and still in overall terms be of equal value and that therefore the Convention provides that they shall be equally remunerated. Moreover, the criterion of “output” may lead to the creation of different wage groups based on the average output of each sex. The Committee also wishes to draw the Government’s attention to the fact that experience has shown that insistence on factors such as “equal conditions of work, skill and output” can be used as a pretext for paying women lower wages than men (see General Survey on the fundamental Conventions, 2012, paragraph 677). The Committee requests the Government to take measures to raise awareness among workers’ and employers’ organizations of the principle of the Convention, particularly the concept of “work of equal value”, and to encourage them to consider revising clause 25 of the CCIT, as well as the identical provisions in sectoral collective agreements, so that they reflect the principle that is set out in the Convention and enshrined in the Labour Code (sections 103(7) and 118).

Article 3. Objective job evaluation. The Committee notes that the CCIT contains occupational classifications in a schedule and a new reference scale establishing the basic wages for each occupational category. It notes that, in this collective agreement, many occupational categories are defined solely, or almost solely, on the basis of the skills, knowledge and diplomas required. The Committee recalls that the concept of “work of equal value” involves the use of a method that allows the relative value of different jobs to be measured and compared. Emphasis is placed on the overall value of the work performed. Tasks should therefore be examined on the basis of perfectly objective and non discriminatory criteria, such as skills and qualifications, the effort required, responsibilities and working conditions, as such objective evaluation is crucial to eliminating any risk of undervaluing jobs traditionally held by women. The Committee requests the Government to take measures to raise awareness among the social partners and to train them in objective job evaluation methods. The Government is also asked to indicate how, when establishing the various occupational categories and fixing the corresponding wage scales through collective bargaining, workers’ and employers’ organizations ensure that this process does not lead to the undervaluation of so-called “female” jobs and, consequently, jobs primarily held by women.

Minimum wage. The Committee welcomes the increase in the guaranteed inter-occupational minimum wage (SMIG) and the guaranteed agricultural minimum wage (SMAG) from 28,000 to 35,000 Togolese franc (CFA) as from 1 May 2012 by the Order of 11 May 2012 on the Revision of Guaranteed Minimum Wages. The Committee considers that a uniform national minimum wage system helps to raise the earnings of the lowest paid. As there are more women in low-paid jobs, this type of system has an influence on the relationship between men and women’s wages and on reducing the gender pay gap. The Committee asks the Government to provide any available information on the impact of the SMIG and SMAG on men and women’s wages and on reducing the gender pay gap.

Enforcement. In the absence of information in the Government’s report, the Committee asks the Government to provide information on the following points:

• (i) the specific measures taken to raise the awareness among workers, employers and their organizations of the relevant legislation and to reinforce the specific means available to labour inspectors, judges and other public officials to detect and address cases of inequalities in remuneration between men and women;
• (ii) training activities organized or planned for labour inspectors and other officials of the labour administration on the principle of the Convention and, in particular, on the concept of “work of equal value”; and
• (iii) any administrative or judicial decisions on gender discrimination in remuneration.

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

Article 1 of the Convention. Protection of workers against discrimination. Legislation. Public service. The Committee notes the adoption of the Act of 20 January 2013 on the General Conditions of Service of the Public Service, under which “there shall be no discrimination among job applicants on the basis of their sex, physical disability, ethnicity, political, philosophical or religious opinions” (section 45). While welcoming the inclusion of these provisions in the General Conditions of Service of the Public Service, the Committee notes that they do not cover all the grounds of discrimination set out in the Convention, including race, colour, national extraction and social origin, and that they only concern recruitment. The Committee recalls that, with respect to the private sector, the Labour Code defines discrimination and prohibits any direct or indirect discrimination in employment or occupation on the basis of sex, race, colour, religion, ethnic origin, political or philosophical opinion, social origin, legal status, national extraction, health status or disability (section 3). The Committee also recalls that, when legal provisions are adopted to give effect to the principle of the Convention, they should include, at a minimum, all the grounds for discrimination set out in Article 1(1)(a) of the Convention and cover access to vocational training, access to employment and to particular occupations, and terms and conditions of employment (Article 1(3)). The Committee requests the Government to envisage the possibility of amending section 45 of the General Conditions of Service of the Public Service with a view to ensuring that public service personnel are fully protected from discrimination, including discrimination based on race, colour, national extraction and social origin, in every aspect of their employment.

Discrimination on the basis of sex. The Committee recalls that the Personal and Family Code of 1980 contained discriminatory provisions against women, particularly in relation to the notion of the “head of the family”. The Committee welcomes the adoption in July 2012 of the new Personal and Family Code, which repeals a number of discriminatory provisions against women with regard to, inter alia, choice of residence (section 102), the free exercise of an occupation, to which either spouse (not just the husband) may now object (section 107), and joint management of shared assets (section 372). The Committee nevertheless observes that the notion of the “head of the family” (in most cases the husband, who is primarily responsible for household expenses) still appears in the new Code (section 99). This notion has legal consequences, particularly in civil and fiscal matters and, in practice, has the effect of perpetuating stereotypes surrounding the role of women in the family and, more generally, in society, which tends to perpetuate and reinforce inequalities in training and employment. In this regard, the Committee refers to the concluding observations of the United Nations Committee on the Elimination of Discrimination against Women, expressing concern at certain provisions of the Personal and Family Code of 2012 (CEDAW/C/TGO/CO/6-7, 8 November 2012, paragraphs 40 and 41). Moreover, the Committee notes that the Government acknowledges that, despite the existence of legislative provisions, discrimination against girls and women still exists in practice, for example, in traditional practices such as dowries, early marriages, forced marriages and even the placement of young girls in traditional convents for extended periods. The Committee requests the Government to take the necessary measures to repeal the discriminatory provisions against women in the Personal and Family Code and to carry out information and awareness-raising activities with a view to eliminating the practices referred to by the Government in its report, as well as the sexist stereotypes surrounding, inter alia, the role of women in the family and in society and their occupational aspirations, preferences and skills. Please provide information on any measures taken in this regard.

Sexual harassment. The Committee recalls that, for several years, it has been emphasizing that section 40 of the Labour Code only covers, quid pro quo, sexual harassment and does not address sexual harassment due to a hostile working environment. It also notes that section 40 only covers sexual harassment committed by a person in a position of authority. In the absence of a reply from the Government in this regard, the Committee once again asks the Government to take the necessary measures to amend section 40 of the Labour Code of 2006 so that it includes an explicit prohibition of hostile environment sexual harassment. The Committee once again encourages the Government to take measures to prevent sexual harassment in respect of employment and occupation, including through awareness-raising campaigns for employers, workers and their organizations. Please provide information on any sexual harassment cases dealt with by the labour inspectorate or the courts.

Articles 2 and 3. Equality of opportunity and treatment between men and women. In its previous comments, the Committee emphasized the measures taken by the Government to promote equality between men and women, such as the adoption of the National Policy on Gender Equity and Equality (PNEEG) of 2011. The Government indicates that this Policy and the Strategy for Boosting Growth and Promoting Employment (SCAPE) 2013–17 contain strategic policy measures aimed at improving women’s productivity through capacity building and the development of women entrepreneurs, as well as women’s access to production support services and social services. The Committee requests the Government to provide specific information on the concrete measures taken to implement the PNEEG and its strategic policy measures on education, vocational training and vocational guidance (diversification of the supply of training), employment and occupation, and services that allow workers with family responsibilities to balance these responsibilities with work. The Committee also requests the Government to describe the impact of these measures on women’s employment. Please describe the activities of the ministry responsible for the promotion of women and those of the gender focus groups of ministerial departments.

Article 3(d). Employment of women in the public sector. For several years, the Committee has noted the low proportion of women in the public service, particularly in higher-level posts and in positions of responsibility. It notes in this regard that, according to the data in the study on discrimination that was conducted in 2013 under the Programme to Support the Implementation of the ILO Declaration on Fundamental Principles and Rights at Work (PAMODEC), in February 2013, only 10.87 per cent of those in category A1 posts and 17.86 per cent of those in category A2 posts were women. The data also shows that women are highly under-represented in positions of responsibility in certain institutions (the Government, National Assembly, Constitutional Court, prefectures, etc.). The Committee requests the Government to take the necessary measures to promote women’s access to a wider range of jobs in the public service, particularly in higher-level posts and in positions of responsibility, and to take measures to eliminate, at every stage of employment, the obstacles that they may face because they are women.

Article 2. Promotion of equality and combating discrimination on grounds other than sex. The Committee notes that the surveys conducted as part of the PAMODEC study on discrimination show that, apart from sex, the most frequently cited grounds for discrimination in employment are ethnicity and social origin, followed by political opinion. While recalling that the Labour Code expressly prohibits discrimination on these grounds, the Committee requests the Government to provide information on the measures taken or envisaged to combat discrimination and to promote equality in employment and occupation, irrespective of race, colour, national extraction, religion, political opinion and social origin, in cooperation with employers’ and workers’ organizations. It asks the Government, in particular, to provide more information on the specific measures taken or envisaged to eliminate discriminatory hiring practices in the private sector with regard to ethnic minorities.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 2 of the Convention. Application of the principle by means of collective agreements. Recalling that the Government has previously indicated that, following the adoption of the new Labour Code of 2006, social partners would renegotiate most collective agreements, the Committee asked the Government to indicate any measures taken to encourage social partners to avoid using gender stereotypes in renegotiations of collective agreements which contained fixed wage tables by occupational category. The Committee notes that the Government recalls the relevant legislation on this matter and indicates that, during collective bargaining, labour inspectors govern mixed joint committees as moderators, and monitor compliance with the principle of equal remuneration. The Government indicates that the wage scales negotiated by social partners and annexed to collective agreements do not contain any differences in remuneration between men and women. The Committee recalls that fixing identical wages for men and women is insufficient to ensure full application of the principle of the Convention. It is important to fix wages based on objective criteria, free from gender bias, in order to ensure that jobs held predominantly or exclusively by women, are not undervalued in comparison with jobs predominantly held by men. The Committee asks the Government to indicate the measures taken to ensure that the methods used in negotiations of collective agreements which fix minimum wages are free from gender bias. The Committee also asks the Government to indicate whether any collective agreements have been or will soon be renegotiated and to forward copies of any collective agreements referring to the principle of equal remuneration for men and women for work of equal value.

Practical application. Measures to reduce the gender wage gap. The Committee notes that a number of measures were taken to reduce inequalities between men and women in employment; a study on inequalities based on gender, a national policy on gender equity and gender equality in January 2011, a national strategy on gender mainstreaming in public policies, and the creation of a specific ministry on the promotion of women. The Committee asks the Government to provide information on specific measures taken to reduce the gender wage gap, including under the national policy on gender equity and gender equality, and particularly measures taken to address the underlying causes of wage inequalities such as occupational segregation between men and women and gender stereotypes regarding career aspirations and professional capacities of women, as well as regarding the role of men and women roles in society. The Committee also asks the Government to provide information on the findings of the study on inequalities based on gender, with respect to equal remuneration for men and women for work of equal value.

Monitoring of the application. The Committee recalls that section 118 of the Labour Code of 2006 provides for equal remuneration for men and women for work of equal value and that section 117 defines “salary” according to Article 1(a) of the Convention. With respect to the application of these provisions in practice, the Committee notes that, according to the Government’s report, labour inspectors who monitor their application have not detected any cases nor have they received any complaints concerning equal remuneration. The Committee notes that the Government indicates that the Labour Tribunal has rendered a decision concerning discrimination in remuneration and based it on the Convention. The Committee wishes to draw the Government’s attention to the fact that the absence or the low number of discrimination cases or complaints is likely to indicate a lack of awareness of the rights, a lack of confidence in or absence of practical access to procedures, or fear of reprisals. The Committee also considers that this situation could be due to insufficient monitoring measures. In this regard, the Committee welcomes the measures taken by the Government to improve the means of the labour inspectorate, including the reinforcement of the staff needs and material needs and the creation of new inspection areas. The Committee asks the Government to indicate the concrete measures taken to raise awareness among workers, employers and their organizations on relevant legislation and to reinforce the methods used by labour inspectors, judges and other public officials to detect and address cases of inequalities in remuneration between men and women. Noting that a programme has been launched to modernise the administration of work, the Committee hopes that the Government will take this opportunity to organize training and awareness-raising activities for labour inspectors and other labour officers on the principle of the Convention and, in particular, on the concept of “work of equal value”. Please forward a copy of the decision rendered by the Labour Tribunal on discrimination in remuneration, which has not been provided.

Statistics. The Committee notes the Government’s indication that there is no reliable and updated system of information concerning the labour market. The Committee notes that the programme on the modernization of the administration of work aims to improve the collection, management and evaluation of data in the labour market. The Committee hopes that the Government will soon be able to provide statistical data, disaggregated by sex, on the distribution of men and women in employment and occupation, both in the public and private sectors, by occupation and sector of activity, if possible, and on their respective levels of earnings, and asks the Government to provide this information as soon as it is made available.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 1 of the Convention. Prohibition of discrimination in employment and occupation. The Committee notes that in response to its previous comments, the Government confirms that the prohibition of direct and indirect discrimination based on sex, race, colour, religion, ethnic belonging, political and philosophical opinion, social origin, legal status, national extraction, health status or disability (section 3 of the Labour Code) covers terms and conditions of employment, as well as access to vocational training. Noting that no information is available on measures taken by employers to prevent discrimination in the workplace, in accordance with section 42 of the Code, the Committee asks the Government to take the necessary measures in order to collect and provide such information once it is made available.

Article 1(1)(a). Discrimination on the basis of sex. The Committee recalls that the Personal and Family Code contains discriminatory provisions with regard to women, including through the notion of the “head of the family”, and that the Government has been indicating for many years that the Code would be revised. The Committee notes the Government’s indication that the committee responsible for the revision of the Personal and Family Code has completed its work, and that the draft revised Code will be submitted to the Parliament once it has been adopted by the Government. The Committee also notes that the Human Rights Committee has expressed concern at the remaining discriminatory laws in force and asked Togo to amend any provision of the Personal and Family Code that perpetuates inequality between men and women, such as the stipulation that the man is the “head of the family” (CCPR/C/TGO/CO/4, 18 April 2011, paragraph 12). The Committee asks the Government to adopt the revised Personal and Family Code in the near future, and to ensure that as a result it no longer contains discriminatory provisions with regard to women. The Committee asks the Government to provide information on the progress made in this regard, and to forward a copy of the revised Code.

Sexual harassment. In its previous comments, the Committee noted that section 40 of the Labour Code did not cover hostile working environment sexual harassment. The Committee notes that, according to the Government, this form of sexual harassment is included in the expression: “employer, representative of employer or other person … that imposed constraints or imposed pressure of any other nature”, included in section 40. The Government indicates however that it will take into account the Committee’s comments in any future revision of the Labour Code. The Committee wishes to recall that sexual harassment due to a hostile working environment arises from conduct that has the effect of creating an intimidating, hostile or humiliating working environment for a person (general observation, 2002), which does not seem to be fully covered by the wording of section 40. The Committee, therefore, once again asks the Government to take the necessary measures in order to amend section 40 of the Labour Code of 2006 in order to include an explicit prohibition of hostile environment sexual harassment. The Committee encourages the Government to take measures to prevent sexual harassment in employment and occupation, including through awareness raising activities for employers, workers and their organizations. Please provide information on any sexual harassment cases dealt with by the labour inspectorate or the courts.

Articles 2 and 3. Equality of treatment and opportunity between men and women. The Committee welcomes the measures taken by the Government to promote equality between men and women, including the adoption of the national policy on gender equity and equality (PNEEG), the creation of a specific ministry in charge of the promotion of women, the creation of gender focal points in ministerial departments, the carrying out of a study on gender inequalities and the elaboration of a national strategy on gender integration as well as measures taken to increase women’s participation in the political and decision-making process. The Government also indicates that awareness raising activities and training are carried out by public institutions and non-governmental organizations. The Committee asks the Government to provide information on the following points:

• (i) the implementation of the national policy on gender equity and equality;
• (ii) the results of the study carried out on gender inequalities and the measures taken or envisaged to follow-up on the study; and
• (iii) the activities organized by the Ministry of Social Affairs and the Promotion of Women and by gender focal points in ministerial departments.

Articles 2 and 3(e). Access of women to vocational training and education. The Committee notes the measures taken by the Government to promote girls’ access to education, including through waiving enrolment fees in pre-school and primary public schools; reducing enrolment fees in secondary public schools; providing scholarships and awards for excellence; eliminating sexist stereotypes in texts of school books at the elementary level; applying parity in recruitment and launching a programme on basic education and gender equity. Noting the Government’s indication that information on the number of women who benefitted from the training by the Regional Centres for Technical Education and Vocational Training and who have created their own enterprise is not available, the Committee hopes that the Government will be able to provide this information in its next report. The Committee also asks the Government to indicate measures taken to encourage girls to study in fields traditionally dominated by men. The Committee also asks the Government to provide information on the implementation of measures to promote girls’ access to education, and the results achieved.

Article 3(d). Employment of women in the public sector. In its previous comments, the Committee noted that women were underrepresented in the public service, in particular in levels A1 and A2 and in decision-making posts, and asked the Government to provide information on measures taken to promote women’s employment in the public sector. Noting that the Government’s report does not contain the information requested, the Committee asks the Government take measures in order to promote upward mobility of women and their access to a wider variety of jobs in the public sector, including in higher level posts and in decision-making posts in the public service, and to provide information in this regard.

Article 3(b). Educational programmes. The Committee once again asks the Government to provide details on the information and training programmes carried out by the Ministry of Social Affairs and the Promotion of Women, the Ministry for Human Rights and the Ministry of Labour to raise awareness of the principles of the Convention, including with regard to the grounds enumerated in Article 1(1)(a).

Part V of the report form. Practical application with respect to national extraction, race and colour. The Committee notes that the Government states it is aware of the existence of persistent discriminatory practices in the workplace, including based on disability, sex, political or religious opinion, union affiliation, and health situation (in particular related to HIV/AIDS status), despite the legal framework prohibiting all forms of discriminatory practices in employment and occupation. It also notes that, through tripartite social dialogue, the Government has agreed to undertake a study with the aim of assessing and better understanding the manifestations and practices of discrimination in the workplace. The Government indicates that a request has been sent to the ILO in this regard, in the context of the programme to develop projects to support the implementation of the Declaration on Fundamental Principles and Rights at Work (PAMODEC). Noting that the Government has requested technical assistance from the ILO, the Committee hopes that the Government will benefit from this assistance and be able to undertake the study on the various manifestations and practices of discrimination in the country, and asks the Government to provide information on any progress made in this regard. Moreover, the Committee asks once again the Government to provide information on any measures taken or envisaged to eliminate discriminatory practices against ethnic minorities in private sector hiring.

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

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

Article 1 of the Convention. Legal provisions. The Committee notes sections 117 and 118 of the new Labour Code guaranteeing equal remuneration for work of equal value for men and women. Section 117 provides a broad definition of “salary” containing all elements of remuneration set out in Article 1(a) of the Convention, while section 118 requires employers to ensure equal remuneration for the same work or work of equal value for all workers, irrespective of their nationality, sex, age or status. The elements of remuneration should be established on the basis of the same criteria for men and women, and professional categories and classifications, and criteria for promotion should be common to both sexes. Job evaluation methods should be based on objective considerations based essentially on the nature of the tasks to be performed. The Committee asks the Government to provide information on the practical application of sections 117 and 118 of the Labour Code, including information on the number, nature and outcome of any cases concerning unequal remuneration between men and women addressed by the labour inspectorate or the courts.

Article 2. Application of the principle by means of collective agreements. The Committee recalls previous indications by the Government that, after the adoption of the Labour Code 2006, the social partners would renegotiate most existing collective agreements in order to ensure that no gender stereotypes are being used in the evaluation of posts listed in collective agreements. The new Labour Code having been adopted, the Committee asks the Government to provide information on any steps taken to encourage the social partners to avoid the use of gender stereotypes and gender bias in the renegotiation and conclusion of existing and future collective agreements, including the interoccupational collective agreement, so that no differentials occur between men and women as regards remuneration. Please also provide examples of any collective agreements incorporating the principle of equal remuneration of men and women for work of equal value.

Article 4. Cooperation with the social partners. The Committee notes the Government’s statement with regard to the decisions taken by the National Council for Labour and Social Legislation to apply the Convention. The Government’s report does not, however, contain any specific information on the concrete activities through which the Council is promoting the implementation of the principle of equal remuneration for work of equal value. It hopes that the Government will provide such information with its next report.

Part V of the report form. Practical application and statistics. The Committee notes from the statistics of 2004 attached to the Government’s report on Convention No. 111 that women make up only 21.4 per cent of the employees in the public service and are concentrated in the health and education ministries and to a lesser extent in the ministries for economy, agriculture and the promotion of women. The statistics further show that women continue to be under-represented in higher job categories and decision-making posts (with women representing only 12 per cent of the employees in level A1 and 12.5 per cent in level A2). The Committee notes that the Government’s report does not include the requested information on the results achieved by the Ministry for the Advancement of Women and Social Affairs to address the issue of occupational segregation and to promote women’s access to better paid higher status jobs and managerial positions in the public sector. As such action helps to promote the application of the Convention, the Government is asked to provide such information with its next report. Noting also the Government’s statement that no statistics are available on the earnings of men and women in the public and private sectors, the Committee wishes to point out that such information is needed in order to assess how the principle of equal pay for men and women for work of equal value is applied in practice. It encourages the Government to work towards the compilation of such statistical information and asks the Government to provide whatever information is available on the earning levels of men and women, by branch, economic activity and occupation in both the public and private sectors.

Part III of the report form. Enforcement by the labour inspectorate. With reference to its previous request on the difficulties encountered by the Inspectorate for Labour and Labour Legislation in enforcing the principle of equal remuneration for work of equal value, the Committee notes that the Government wishes to undertake a study outlining the difficulties encountered by labour inspectors in enforcing the principle and assessing their training needs. The study would provide the basis for a future training programme in this area. The Committee reminds the Government that it might wish to ask for assistance from the Office in this regard and in the meantime encourages the Government to undertake every action to improve the capacity of the labour inspectorate to ensure the application of the principle of the Convention.

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

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

Article 1(1)(a) and (b) and (3) of the Convention. Prohibition of discrimination in employment and occupation. The Committee notes that section 3 of the Labour Code 2006 prohibits all direct and indirect discrimination in employment and occupation based on sex, race, colour, religion, ethnic belonging, political and philosophical opinion, social origin, legal status, national extraction, health status or disability. It also notes that section 39 of the new Code specifically prohibits discrimination on the basis of origin, sex, morals, family situation, ethnic, national or racial belonging, political opinion, trade union or association activity, or religious belief, health status and disability with respect to recruitment, disciplinary sanctions or dismissal. Section 42 requires company managers to take the necessary measures to prevent acts committed in violation of sections 39 and 40 (sexual harassment) of the Labour Act. The Committee asks the Government to confirm that the protection against discrimination in section 3 of the Labour Code 2006 also covers discrimination with respect to terms and conditions of employment, as well as access to vocational training. It also asks the Government to provide information on the measures taken by employers to prevent discrimination in the workplace in accordance with section 42 of the Code.

Article 1(1)(a). Sexual harassment. The Committee notes that section 40 of the new Labour Code 2006 prohibits dismissal of or sanctions against an employee for having refused quid pro quo sexual harassment by an employer, his or her representative or any other person. The Committee notes that section 40 only provides limited protection against sexual harassment as it still does not include sexual harassment due to a hostile working environment. The Committee refers the Government to its general observation of 2002 and asks the Government to take the necessary measures to amend section 40 of the Labour Code 2006 so as to also provide protection against sexual harassment due to a hostile working environment. The Government is also requested to provide copies of the action plans for the protection and promotion of women, which include protection against sexual harassment, as well as information on the results achieved in the effective prevention of, and protection against, sexual harassment in the workplace.

Discrimination on the basis of sex. The Committee recalls the Government’s previous statement that the new draft of the Family Code would improve the status of women and aims to make the national legislation compatible with the provisions of the Convention. The Committee asks the Government to provide information on the progress made with respect to the adoption of the Family Code.

The Committee hopes that a report will be supplied for examination at its next session and that it will contain full information on the matters above, as well as the matters raised in its previous direct request, which read, in relevant parts, as follows:

…

        Articles 2 and 3(e). Equality of treatment. Access of women to vocational training and education. The Committee notes the statistics highlighting the progress made with regard to the access of women and girls to education and vocational training. It thanks the Government for these data but notes that they also indicate that inequalities between men and women continue to persist. The Committee notes the action taken by the Government to encourage girls to subscribe to more technical training courses and to address sex stereotypes in education. It asks the Government to provide information on the impact of these activities, as well as any other measures to counter practical obstacles to girls’ education on the attendance of girls at the various levels and types of education. Please also provide practical information on the number of women that benefited from the training by the Regional Centres for Technical Education and Vocational Training and who have created their own enterprise.

        Article 3(d). Employment of women in the public sector. The Committee notes that women’s share of the public sector employees is only 21.4 per cent and that they are concentrated in the health and education ministries. They also represent only about 12 per cent of the employees in levels A1 and A2 respectively and are underrepresented in decision-making posts, including in the education sector where a relatively higher number of women are being employed. The Committee notes the activities undertaken with the help of civil society and trade unions to promote female leadership. It asks the Government to provide information on how these have helped women to move into higher level posts, including in the education sector. Noting with some concern that the 1996–2005 Action Plan for the Advancement of Women has not been implemented due to lack of financial resources, the Committee hopes that the Government will be in a position in the future to allocate the necessary resources to carry out the plan. In the meantime, the Government is asked to continue its efforts to promote the upward mobility of women and their access to a wider variety of jobs in the public sector.

        Article 3(b). Educational programmes. The Committee asks the Government to provide details on the information and training programmes carried out by the Ministry of Social Affairs and the Promotion of Women, the Ministry for Human Rights and the Ministry of Labour to disseminate the principle contained in the Convention.

        Part V of the report form. Practical application with respect to national extraction, race and colour. The Committee reiterates its previous request to the Government to provide information on any measure taken or envisaged to eliminate discriminatory practices against ethnic minorities in private sector hiring, as these practices constitute an obstacle to the application of the Convention.

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

The Committee notes with regret that the Government’s report has not been received. However, it notes that a new Labour Code was adopted in 2006.

Article 1, paragraph 1(a) and (b) and paragraph 3, of the Convention. Prohibition of discrimination in employment and occupation. The Committee notes with interest that section 3 of the Labour Code 2006 prohibits all direct and indirect discrimination in employment and occupation based on sex, race, colour, religion, ethnic belonging, political and philosophical opinion, social origin, legal status, national extraction, health status or disability. It also notes that section 39 of the new Code specifically prohibits discrimination on the basis of origin, sex, morals, family situation, ethnic, national or racial belonging, political opinion, trade union or association activity, or religious belief, health status and disability with respect to recruitment, disciplinary sanctions or dismissal. Section 42 requires company managers to take the necessary measures to prevent acts committed in violation of sections 39 and 40 (sexual harassment) of the Labour Act. The Committee asks the Government to confirm that the protection against discrimination in section 3 of the Labour Code 2006 also covers discrimination with respect to terms and conditions of employment, as well as access to vocational training. It also asks the Government to provide information on the measures taken by employers to prevent discrimination in the workplace in accordance with section 42 of the Code.

Article 1, paragraph 1(a). Sexual harassment. The Committee notes that section 40 of the new Labour Code 2006 prohibits dismissal of or sanctions against an employee for having refused quid pro quo sexual harassment by an employer, his or her representative or any other person. The Committee notes that section 40 only provides limited protection against sexual harassment as it still does not include sexual harassment due to a hostile working environment. The Committee refers the Government to its general observation of 2002 and asks the Government to take the necessary measures to amend section 40 of the Labour Code 2006 so as to also provide protection against sexual harassment due to a hostile working environment. The Government is also requested to provide copies of the action plans for the protection and promotion of women, which include protection against sexual harassment, as well as information on the results achieved in the effective prevention of, and protection against, sexual harassment in the workplace.

Discrimination on the basis of sex. The Committee recalls the Government’s previous statement that the new draft of the Family Code would improve the status of women and aims to make the national legislation compatible with the provisions of the Convention. The Committee asks the Government to provide information on the progress made with respect to the adoption of the Family Code.

The Committee hopes that a report will be supplied for examination at its next session and that it will contain full information on the matters above, as well as the matters raised in its previous direct request, which read, in relevant parts, as follows:

…

Articles 2 and 3(e). Equality of treatment. Access of women to vocational training and education. The Committee notes the statistics highlighting the progress made with regard to the access of women and girls to education and vocational training. It thanks the Government for these data but notes that they also indicate that inequalities between men and women continue to persist. The Committee notes the action taken by the Government to encourage girls to subscribe to more technical training courses and to address sex stereotypes in education. It asks the Government to provide information on the impact of these activities, as well as any other measures to counter practical obstacles to girls’ education on the attendance of girls at the various levels and types of education. Please also provide practical information on the number of women that benefited from the training by the Regional Centres for Technical Education and Vocational Training and who have created their own enterprise.

Article 3(d). Employment of women in the public sector. The Committee notes that women’s share of the public sector employees is only 21.4 per cent and that they are concentrated in the health and education ministries. They also represent only about 12 per cent of the employees in levels A1 and A2 respectively and are underrepresented in decision-making posts, including in the education sector where a relatively higher number of women are being employed. The Committee notes the activities undertaken with the help of civil society and trade unions to promote female leadership. It asks the Government to provide information on how these have helped women to move into higher level posts, including in the education sector. Noting with some concern that the 1996–2005 Action Plan for the Advancement of Women has not been implemented due to lack of financial resources, the Committee hopes that the Government will be in a position in the future to allocate the necessary resources to carry out the plan. In the meantime, the Government is asked to continue its efforts to promote the upward mobility of women and their access to a wider variety of jobs in the public sector.

Article 3(b). Educational programmes. The Committee asks the Government to provide details on the information and training programmes carried out by the Ministry of Social Affairs and the Promotion of Women, the Ministry for Human Rights and the Ministry of Labour to disseminate the principle contained in the Convention.

Part V of the report form. Practical application with respect to national extraction, race and colour. The Committee reiterates its previous request to the Government to provide information on any measure taken or envisaged to eliminate discriminatory practices against ethnic minorities in private sector hiring, as these practices constitute an obstacle to the application of the Convention.

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

Article 1 of the Convention. Legal provisions. The Committee notes with interest sections 117 and 118 of the new Labour Code guaranteeing equal remuneration for work of equal value for men and women. Section 117 provides a broad definition of “salary” containing all elements of remuneration set out in Article 1(a) of the Convention, while section 118 requires employers to ensure equal remuneration for the same work or work of equal value for all workers, irrespective of their nationality, sex, age or status. The elements of remuneration should be established on the basis of the same criteria for men and women, and professional categories and classifications, and criteria for promotion should be common to both sexes. Job evaluation methods should be based on objective considerations based essentially on the nature of the tasks to be performed. The Committee asks the Government to provide information on the practical application of sections 117 and 118 of the Labour Code, including information on the number, nature and outcome of any cases concerning unequal remuneration between men and women addressed by the labour inspectorate or the courts.

Article 2. Application of the principle by means of collective agreements. The Committee recalls previous indications by the Government that, after the adoption of the Labour Code 2006, the social partners would renegotiate most existing collective agreements in order to ensure that no gender stereotypes are being used in the evaluation of posts listed in collective agreements. The new Labour Code having been adopted, the Committee asks the Government to provide information on any steps taken to encourage the social partners to avoid the use of gender stereotypes and gender bias in the renegotiation and conclusion of existing and future collective agreements, including the interoccupational collective agreement, so that no differentials occur between men and women as regards remuneration. Please also provide examples of any collective agreements incorporating the principle of equal remuneration of men and women for work of equal value.

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

…

Article 4. Cooperation with the social partners. The Committee notes the Government’s statement with regard to the decisions taken by the National Council for Labour and Social Legislation to apply the Convention. The Government’s report does not, however, contain any specific information on the concrete activities through which the Council is promoting the implementation of the principle of equal remuneration for work of equal value. It hopes that the Government will provide such information with its next report.

Parts III and V of the report form. Practical application and statistics. The Committee notes from the statistics of 2004 attached to the Government’s report on Convention No. 111 that women make up only 21.4 per cent of the employees in the public service and are concentrated in the health and education ministries and to a lesser extent in the ministries for economy, agriculture and the promotion of women. The statistics further show that women continue to be under-represented in higher job categories and decision-making posts (with women representing only 12 per cent of the employees in level A1 and 12.5 per cent in level A2). The Committee notes that the Government’s report does not include the requested information on the results achieved by the Ministry for the Advancement of Women and Social Affairs to address the issue of occupational segregation and to promote women’s access to better paid higher status jobs and managerial positions in the public sector. As such action helps to promote the application of the Convention, the Government is asked to provide such information with its next report. Noting also the Government’s statement that no statistics are available on the earnings of men and women in the public and private sectors, the Committee wishes to point out that such information is needed in order to assess how the principle of equal pay for men and women for work of equal value is applied in practice. It encourages the Government to work towards the compilation of such statistical information and asks the Government to provide whatever information is available on the earning levels of men and women, by branch, economic activity and occupation in both the public and private sectors.

Part III of the report form. Enforcement by the labour inspectorate. With reference to its previous request on the difficulties encountered by the Inspectorate for Labour and Labour Legislation in enforcing the principle of equal remuneration for work of equal value, the Committee notes that the Government wishes to undertake a study outlining the difficulties encountered by labour inspectors in enforcing the principle and assessing their training needs. The study would provide the basis for a future training programme in this area. The Committee reminds the Government that it might wish to ask for assistance from the Office in this regard and in the meantime encourages the Government to undertake every action to improve the capacity of the labour inspectorate to ensure the application of the principle of the Convention.

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

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

1. Article 2 of the Convention. Application of the principle by means of collective agreements. With reference to its previous request concerning the use of gender stereotypes in the appraisal of posts listed in collective agreements, the Committee notes the Government’s statement that once the revision of the Labour Code is concluded, in principle by the end of 2004, the social partners will most likely undertake steps to renegotiate the existing collective agreements. The Committee asks the Government to provide information on any steps taken to encourage the social partners to avoid the use of gender stereotypes and gender bias in the renegotiation and conclusion of existing and future collective agreements, including the inter-occupational collective agreement, so that no differentials occur between men and women as regards remuneration. It also hopes that the Government will soon be in a position to send a copy of the revised Labour Code as well as copies of any relevant collective agreements.

2. Article 4. Cooperation with the social partners. The Committee notes the Government’s statement with regard to the decisions taken by the National Council for Labour and Social Legislation to apply the Convention. The Government’s report does not, however, contain any specific information on the concrete activities through which the Council is promoting the implementation of the principle of equal remuneration for work of equal value. It hopes that the Government will provide such information with its next report.

3. Parts III and V of the report form. Practical application and statistics. The Committee notes from the statistics of 2004 attached to the Government’s report on Convention No. 111 that women make up only 21.4 per cent of the employees in the public service and are concentrated in the health and education ministries and to a lesser extent in the ministries for economy, agriculture and the promotion of women. The statistics further show that women continue to be under-represented in higher job categories and decision-making posts (with women representing only 12 per cent of the employees in level A1 and 12.5 per cent in level A2). The Committee notes that the Government’s report does not include the requested information on the results achieved by the Ministry for the Advancement of Women and Social Affairs to address the issue of occupational segregation and to promote women’s access to better paid higher status jobs and managerial positions in the public sector. As such action helps to promote the application of the Convention, the Government is asked to provide such information with its next report. Noting also the Government’s statement that no statistics are available on the earnings of men and women in the public and private sectors, the Committee wishes to point out that such information is needed in order to assess how the principle of equal pay for men and women for work of equal value is applied in practice. It encourages the Government to work towards the compilation of such statistical information and asks the Government to provide whatever information is available on the earning levels of men and women, by branch, economic activity and occupation in both the public and private sectors.

4. Part III of the report form. Enforcement by the labour inspectorate. With reference to its previous request on the difficulties encountered by the Inspectorate for Labour and Labour Legislation in enforcing the principle of equal remuneration for work of equal value, the Committee notes that the Government wishes to undertake a study outlining the difficulties encountered by labour inspectors in enforcing the principle and assessing their training needs. The study would provide the basis for a future training programme in this area. The Committee reminds the Government that it might wish to ask for assistance from the Office in this regard and in the meantime encourages the Government to undertake every action to improve the capacity of the labour inspectorate to ensure the application of the principle of the Convention.

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

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

1. Article 1(1)(a) of the Convention. Sexual harassment. The Committee notes that section 63 of the draft Labour Code prohibits dismissal of or sanctions against an employee for having refused quid pro quo sexual harassment by an employer, his or her representative or any other person. The Committee welcomes this provision but notes that section 63 does not include sexual harassment due to a hostile working environment. The Committee hopes that the Government will take the opportunity to insert such provisions in the draft Labour Code. Noting further from the Government’s report that the action plans for the protection and promotion of women include the issue of sexual harassment, the Government is asked to provide copies of the plans and information on the results achieved as to the effective protection of sexual harassment in the workplace.

2. Article 1(1)(a) and (3). Prohibition of discrimination in employment and occupation. The Committee notes that section 3 of the draft Labour Code prohibits all discrimination in employment and occupation. It also notes that draft section 62 prohibits discrimination on the basis of “origin, sex, morals, family situation, ethnic, national or racial belonging, political opinion, trade union or association activity, or religious belief” only with respect to recruitment, disciplinary sanctions or dismissal and that section 67 protects against discrimination in dismissal on the basis of all the Convention’s grounds. The Committee asks the Government to indicate how protection will be afforded against discrimination outside recruitment and dismissal practices and disciplinary sanctions, such as in conditions of employment. Noting also that sections 62, 63 and 67 of the draft Labour Code only apply to workers with a permanent contract, the Committee asks the Government to indicate how workers with temporary contracts will be protected against sexual harassment and discrimination in recruitment and dismissal. It also hopes that the Government will use the ongoing revision of the Labour Code as an opportunity to bring its legislation into full conformity with the requirements of the Convention.

3. Discrimination on the basis of sex. The Committee notes with interest the Government’s statement that the new draft of the Family Code improves the status of women and aims to make the national legislation compatible with the provisions of the Convention. It asks the Government to provide a copy of the Code, once adopted.

4. Articles 2 and 3(e). Equality of treatment – Access of women to vocational training and education. The Committee notes the statistics highlighting the progress made with regard to the access of women and girls to education and vocational training. It thanks the Government for these data but notes that they also indicate that inequalities between men and women continue to persist. The Committee notes the action taken by the Government to encourage girls to subscribe to more technical training courses and to address sex stereotypes in education. It asks the Government to provide information on the impact of these activities, as well as any other measures to counter practical obstacles to girls’ education on the attendance of girls at the various levels and types of education. Please also provide practical information on the number of women that benefited from the training by the Regional Centres for Technical Education and Vocational Training and who have created their own enterprise.

5. Article 3(d). Employment of women in the public sector. The Committee notes that women’s share of the public sector employees is only 21.4 per cent and that they are concentrated in the health and education ministries. They also represent only about 12 per cent of the employees in levels A1 and A2 respectively and are underrepresented in decision-making posts, including in the education sector where a relatively higher number of women are being employed. The Committee notes the activities undertaken with the help of civil society and trade unions to promote female leadership. It asks the Government to provide information on how these have helped women to move into higher level posts, including in the education sector. Noting with some concern that the 1996–2005 Action Plan for the Advancement of Women has not been implemented due to lack of financial resources, the Committee hopes that the Government will be in a position in the future to allocate the necessary resources to carry out the plan. In the meantime, the Government is asked to continue its efforts to promote the upward mobility of women and their access to a wider variety of jobs in the public sector.

6. Article 3(b). Educational programmes. The Committee asks the Government to provide details on the information and training programmes carried out by the Ministry of Social Affairs and the Promotion of Women, the Ministry for Human Rights and the Ministry of Labour to disseminate the principle contained in the Convention.

7. Part V of the report form. Practical application with respect to national extraction, race and colour. The Committee reiterates its previous request to the Government to provide information on any measure taken or envisaged to eliminate discriminatory practices against ethnic minorities in private sector hiring, as these practices constitute an obstacle to the application of the Convention.

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

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

1. Article 2 of the Convention. Application of the principle by means of collective agreements. With reference to its previous request concerning the use of gender stereotypes in the appraisal of posts listed in collective agreements, the Committee notes the Government’s statement that once the revision of the Labour Code is concluded, in principle by the end of 2004, the social partners will most likely undertake steps to renegotiate the existing collective agreements. The Committee asks the Government to provide information on any steps taken to encourage the social partners to avoid the use of gender stereotypes and gender bias in the renegotiation and conclusion of existing and future collective agreements, including the inter-occupational collective agreement, so that no differentials occur between men and women as regards remuneration. It also hopes that the Government will soon be in a position to send a copy of the revised Labour Code as well as copies of any relevant collective agreements.

2. Article 4. Cooperation with the social partners. The Committee notes the Government’s statement with regard to the decisions taken by the National Council for Labour and Social Legislation to apply the Convention. The Government’s report does not, however, contain any specific information on the concrete activities through which the Council is promoting the implementation of the principle of equal remuneration for work of equal value. It hopes that the Government will provide such information with its next report.

3. Parts III and V of the report form. Practical application and statistics. The Committee notes from the statistics of 2004 attached to the Government’s report on Convention No. 111 that women make up only 21.4 per cent of the employees in the public service and are concentrated in the health and education ministries and to a lesser extent in the ministries for economy, agriculture and the promotion of women. The statistics further show that women continue to be under-represented in higher job categories and decision-making posts (with women representing only 12 per cent of the employees in level A1 and 12.5 per cent in level A2). The Committee notes that the Government’s report does not include the requested information on the results achieved by the Ministry for the Advancement of Women and Social Affairs to address the issue of occupational segregation and to promote women’s access to better paid higher status jobs and managerial positions in the public sector. As such action helps to promote the application of the Convention, the Government is asked to provide such information with its next report. Noting also the Government’s statement that no statistics are available on the earnings of men and women in the public and private sectors, the Committee wishes to point out that such information is needed in order to assess how the principle of equal pay for men and women for work of equal value is applied in practice. It encourages the Government to work towards the compilation of such statistical information and asks the Government to provide whatever information is available on the earning levels of men and women, by branch, economic activity and occupation in both the public and private sectors.

4. Part III of the report form. Enforcement by the labour inspectorate. With reference to its previous request on the difficulties encountered by the Inspectorate for Labour and Labour Legislation in enforcing the principle of equal remuneration for work of equal value, the Committee notes that the Government wishes to undertake a study outlining the difficulties encountered by labour inspectors in enforcing the principle and assessing their training needs. The study would provide the basis for a future training programme in this area. The Committee reminds the Government that it might wish to ask for assistance from the Office in this regard and in the meantime encourages the Government to undertake every action to improve the capacity of the labour inspectorate to ensure the application of the principle of the Convention.

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

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

1. Article 1(1)(a) of the Convention. Sexual harassment. The Committee notes that section 63 of the draft Labour Code prohibits dismissal of or sanctions against an employee for having refused quid pro quo sexual harassment by an employer, his or her representative or any other person. The Committee welcomes this provision but notes that section 63 does not include sexual harassment due to a hostile working environment. The Committee hopes that the Government will take the opportunity to insert such provisions in the draft Labour Code. Noting further from the Government’s report that the action plans for the protection and promotion of women include the issue of sexual harassment, the Government is asked to provide copies of the plans and information on the results achieved as to the effective protection of sexual harassment in the workplace.

2. Article 1(1)(a) and (3). Prohibition of discrimination in employment and occupation. The Committee notes that section 3 of the draft Labour Code prohibits all discrimination in employment and occupation. It also notes that draft section 62 prohibits discrimination on the basis of “origin, sex, morals, family situation, ethnic, national or racial belonging, political opinion, trade union or association activity, or religious belief” only with respect to recruitment, disciplinary sanctions or dismissal and that section 67 protects against discrimination in dismissal on the basis of all the Convention’s grounds. The Committee asks the Government to indicate how protection will be afforded against discrimination outside recruitment and dismissal practices and disciplinary sanctions, such as in conditions of employment. Noting also that sections 62, 63 and 67 of the draft Labour Code only apply to workers with a permanent contract, the Committee asks the Government to indicate how workers with temporary contracts will be protected against sexual harassment and discrimination in recruitment and dismissal. It also hopes that the Government will use the ongoing revision of the Labour Code as an opportunity to bring its legislation into full conformity with the requirements of the Convention.

3. Discrimination on the basis of sex. The Committee notes with interest the Government’s statement that the new draft of the Family Code improves the status of women and aims to make the national legislation compatible with the provisions of the Convention. It asks the Government to provide a copy of the Code, once adopted.

4. Articles 2 and 3(e). Equality of treatment – Access of women to vocational training and education. The Committee notes the statistics highlighting the progress made with regard to the access of women and girls to education and vocational training. It thanks the Government for these data but notes that they also indicate that inequalities between men and women continue to persist. The Committee notes the action taken by the Government to encourage girls to subscribe to more technical training courses and to address sex stereotypes in education. It asks the Government to provide information on the impact of these activities, as well as any other measures to counter practical obstacles to girls’ education on the attendance of girls at the various levels and types of education. Please also provide practical information on the number of women that benefited from the training by the Regional Centres for Technical Education and Vocational Training and who have created their own enterprise.

5. Article 3(d). Employment of women in the public sector. The Committee notes that women’s share of the public sector employees is only 21.4 per cent and that they are concentrated in the health and education ministries. They also represent only about 12 per cent of the employees in levels A1 and A2 respectively and are underrepresented in decision-making posts, including in the education sector where a relatively higher number of women are being employed. The Committee notes the activities undertaken with the help of civil society and trade unions to promote female leadership. It asks the Government to provide information on how these have helped women to move into higher level posts, including in the education sector. Noting with some concern that the 1996–2005 Action Plan for the Advancement of Women has not been implemented due to lack of financial resources, the Committee hopes that the Government will be in a position in the future to allocate the necessary resources to carry out the plan. In the meantime, the Government is asked to continue its efforts to promote the upward mobility of women and their access to a wider variety of jobs in the public sector.

6. Article 3(b). Educational programmes. The Committee asks the Government to provide details on the information and training programmes carried out by the Ministry of Social Affairs and the Promotion of Women, the Ministry for Human Rights and the Ministry of Labour to disseminate the principle contained in the Convention.

7. Part V of the report form. Practical application with respect to national extraction, race and colour. The Committee reiterates its previous request to the Government to provide information on any measure taken or envisaged to eliminate discriminatory practices against ethnic minorities in private sector hiring, as these practices constitute an obstacle to the application of the Convention.

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

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

1. Article 2 of the Convention. Application of the principle by means of collective agreements.  With reference to its previous request concerning the use of gender stereotypes in the appraisal of posts listed in collective agreements, the Committee notes the Government’s statement that once the revision of the Labour Code is concluded, in principle by the end of 2004, the social partners will most likely undertake steps to renegotiate the existing collective agreements. The Committee asks the Government to provide information on any steps taken to encourage the social partners to avoid the use of gender stereotypes and gender bias in the renegotiation and conclusion of existing and future collective agreements, including the inter-occupational collective agreement, so that no differentials occur between men and women as regards remuneration. It also hopes that the Government will soon be in a position to send a copy of the revised Labour Code as well as copies of any relevant collective agreements.

2. Article 4. Cooperation with the social partners. The Committee notes the Government’s statement with regard to the decisions taken by the National Council for Labour and Social Legislation to apply the Convention. The Government’s report does not, however, contain any specific information on the concrete activities through which the Council is promoting the implementation of the principle of equal remuneration for work of equal value. It hopes that the Government will provide such information with its next report.

3. Parts III and V of the report form. Practical application and statistics.  The Committee notes from the statistics of 2004 attached to the Government’s report on Convention No. 111 that women make up only 21.4 per cent of the employees in the public service and are concentrated in the health and education ministries and to a lesser extent in the ministries for economy, agriculture and the promotion of women. The statistics further show that women continue to be under-represented in higher job categories and decision-making posts (with women representing only 12 per cent of the employees in level A1 and 12.5 per cent in level A2). The Committee notes that the Government’s report does not include the requested information on the results achieved by the Ministry for the Advancement of Women and Social Affairs to address the issue of occupational segregation and to promote women’s access to better paid higher status jobs and managerial positions in the public sector. As such action helps to promote the application of the Convention, the Government is asked to provide such information with its next report. Noting also the Government’s statement that no statistics are available on the earnings of men and women in the public and private sectors, the Committee wishes to point out that such information is needed in order to assess how the principle of equal pay for men and women for work of equal value is applied in practice. It encourages the Government to work towards the compilation of such statistical information and asks the Government to provide whatever information is available on the earning levels of men and women, by branch, economic activity and occupation in both the public and private sectors.

4. Part III of the report form. Enforcement by the labour inspectorate. With reference to its previous request on the difficulties encountered by the Inspectorate for Labour and Labour Legislation in enforcing the principle of equal remuneration for work of equal value, the Committee notes that the Government wishes to undertake a study outlining the difficulties encountered by labour inspectors in enforcing the principle and assessing their training needs. The study would provide the basis for a future training programme in this area. The Committee reminds the Government that it might wish to ask for assistance from the Office in this regard and in the meantime encourages the Government to undertake every action to improve the capacity of the labour inspectorate to ensure the application of the principle of the Convention.

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

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

1. Article 1(1)(a) of the Convention. Sexual harassment. The Committee notes that section 63 of the draft Labour Code prohibits dismissal of or sanctions against an employee for having refused quid pro quo sexual harassment by an employer, his or her representative or any other person. The Committee welcomes this provision but notes that section 63 does not include sexual harassment due to a hostile working environment. The Committee hopes that the Government will take the opportunity to insert such provisions in the draft Labour Code. Noting further from the Government’s report that the action plans for the protection and promotion of women include the issue of sexual harassment, the Government is asked to provide copies of the plans and information on the results achieved as to the effective protection of sexual harassment in the workplace.

2. Article 1(1)(a) and (3). Prohibition of discrimination in employment and occupation. The Committee notes that section 3 of the draft Labour Code prohibits all discrimination in employment and occupation. It also notes that draft section 62 prohibits discrimination on the basis of “origin, sex, morals, family situation, ethnic, national or racial belonging, political opinion, trade union or association activity, or religious belief” only with respect to recruitment, disciplinary sanctions or dismissal and that section 67 protects against discrimination in dismissal on the basis of all the Convention’s grounds. The Committee asks the Government to indicate how protection will be afforded against discrimination outside recruitment and dismissal practices and disciplinary sanctions, such as in conditions of employment. Noting also that sections 62, 63 and 67 of the draft Labour Code only apply to workers with a permanent contract, the Committee asks the Government to indicate how workers with temporary contracts will be protected against sexual harassment and discrimination in recruitment and dismissal. It also hopes that the Government will use the ongoing revision of the Labour Code as an opportunity to bring its legislation into full conformity with the requirements of the Convention.

3. Discrimination on the basis of sex. The Committee notes with interest the Government’s statement that the new draft of the Family Code improves the status of women and aims to make the national legislation compatible with the provisions of the Convention. It asks the Government to provide a copy of the Code, once adopted.

4. Articles 2 and 3(e). Equality of treatment – Access of women to vocational training and education. The Committee notes the statistics highlighting the progress made with regard to the access of women and girls to education and vocational training. It thanks the Government for these data but notes that they also indicate that inequalities between men and women continue to persist. The Committee notes the action taken by the Government to encourage girls to subscribe to more technical training courses and to address sex stereotypes in education. It asks the Government to provide information on the impact of these activities, as well as any other measures to counter practical obstacles to girls’ education on the attendance of girls at the various levels and types of education. Please also provide practical information on the number of women that benefited from the training by the Regional Centres for Technical Education and Vocational Training and who have created their own enterprise.

5. Article 3(d). Employment of women in the public sector. The Committee notes that women’s share of the public sector employees is only 21.4 per cent and that they are concentrated in the health and education ministries. They also represent only about 12 per cent of the employees in levels A1 and A2 respectively and are underrepresented in decision-making posts, including in the education sector where a relatively higher number of women are being employed. The Committee notes the activities undertaken with the help of civil society and trade unions to promote female leadership. It asks the Government to provide information on how these have helped women to move into higher-level posts, including in the education sector. Noting with some concern that the 1996-2005 Action Plan for the Advancement of Women has not been implemented due to lack of financial resources, the Committee hopes that the Government will be in a position in the future to allocate the necessary resources to carry out the plan. In the meantime, the Government is asked to continue its efforts to promote the upward mobility of women and their access to a wider variety of jobs in the public sector.

6. Article 3(b). Educational programmes. The Committee asks the Government to provide details on the information and training programmes carried out by the Ministry of Social Affairs and the Promotion of Women, the Ministry for Human Rights and the Ministry of Labour to disseminate the principle contained in the Convention.

7. Part V of the report form. Practical application with respect to national extraction, race and colour. The Committee reiterates its previous request to the Government to provide information on any measure taken or envisaged to eliminate discriminatory practices against ethnic minorities in private sector hiring, as these practices constitute an obstacle to the application of the Convention.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. Article 1(1)(a) of the Convention. Sexual harassment. The Committee notes that section 63 of the draft Labour Code prohibits dismissal of or sanctions against an employee for having refused quid pro quo sexual harassment by an employer, his or her representative or any other person. The Committee welcomes this provision but notes that section 63 does not include sexual harassment due to a hostile working environment. The Committee hopes that the Government will take the opportunity to insert such provisions in the draft Labour Code. Noting further from the Government’s report that the action plans for the protection and promotion of women include the issue of sexual harassment, the Government is asked to provide copies of the plans and information on the results achieved as to the effective protection of sexual harassment in the workplace.

2. Article 1(1)(a) and (3). Prohibition of discrimination in employment and occupation. The Committee notes that section 3 of the draft Labour Code prohibits all discrimination in employment and occupation. It also notes that draft section 62 prohibits discrimination on the basis of "origin, sex, morals, family situation, ethnic, national or racial belonging, political opinion, trade union or association activity, or religious belief" only with respect to recruitment, disciplinary sanctions or dismissal and that section 67 protects against discrimination in dismissal on the basis of all the Convention’s grounds. The Committee asks the Government to indicate how protection will be afforded against discrimination outside recruitment and dismissal practices and disciplinary sanctions, such as in conditions of employment. Noting also that sections 62, 63 and 67 of the draft Labour Code only apply to workers with a permanent contract, the Committee asks the Government to indicate how workers with temporary contracts will be protected against sexual harassment and discrimination in recruitment and dismissal. It also hopes that the Government will use the ongoing revision of the Labour Code as an opportunity to bring its legislation into full conformity with the requirements of the Convention.

3. Discrimination on the basis of sex. The Committee notes with interest the Government’s statement that the new draft of the Family Code improves the status of women and aims to make the national legislation compatible with the provisions of the Convention. It asks the Government to provide a copy of the Code, once adopted.

4. Articles 2 and 3(e). Equality of treatment - Access of women to vocational training and education. The Committee notes the statistics highlighting the progress made with regard to the access of women and girls to education and vocational training. It thanks the Government for these data but notes that they also indicate that inequalities between men and women continue to persist. The Committee notes the actions taken by the Government to encourage girls to subscribe to more technical training courses and to address sex stereotypes in education. It asks the Government to provide information on the impact of these activities, as well as any other measures to counter practical obstacles to girls’ education on the attendance of girls at the various levels and types of education. Please also provide practical information on the number of women that benefited from the training by the Regional Centres for Technical Education and Vocational Training and who have created their own enterprise.

5. Article 3(d). Employment of women in the public sector. The Committee notes that women’s share of the public sector employees is only 21.4 per cent and that they are concentrated in the health and education ministries. They also only represent about 12 per cent of the employees in levels A1 and A2 respectively and are underrepresented in decision-making posts, including in the education sector where a relatively higher number of women are being employed. The Committee notes the activities undertaken with the help of civil society and trade unions to promote female leadership and asks the Government to provide information on how these have helped women to move into higher-level posts, including in the education sector. Noting with some concern that the 1996-2005 Action Plan for the Advancement of Women has not been implemented due to lack of financial resources, the Committee hopes that the Government will be in a position in the future to allocate the necessary resources to carry out the plan. In the meantime, the Government is asked to continue its efforts to promote the upward mobility of women and their access to a wider variety of jobs in the public sector.

6. Article 3(b). Educational programmes. The Committee asks the Government to provide details on the information and training programmes carried out by the Ministry of Social Affairs and the Promotion of Women, the Ministry for Human Rights and the Ministry of Labour to disseminate the principle contained in the Convention.

7. Part V of the report form. Practical application with respect to national extraction, race and colour. The Committee reiterates its previous request to the Government to provide information on any measure taken or envisaged to eliminate discriminatory practices against ethnic minorities in private sector hiring, as these practices constitute an obstacle to the application of the Convention.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. Article 2 of the Convention. Application of the principle by means of collective agreements.  With reference to its previous request concerning the use of gender stereotypes in the appraisal of posts listed in collective agreements, the Committee notes the Government’s statement that once the revision of the Labour Code is concluded, in principle by the end of 2004, the social partners will most likely undertake steps to renegotiate the existing collective agreements. The Committee asks the Government to provide information on any steps taken to encourage the social partners to avoid the use of gender stereotypes and gender bias in the renegotiation and conclusion of existing and future collective agreements, including the inter-occupational collective agreement, so that no differentials occur between men and women as regards remuneration. It also hopes that the Government will soon be in a position to send a copy of the revised Labour Code as well as copies of any relevant collective agreements.

2. Article 4. Cooperation with the social partners. The Committee notes the Government’s statement with regard to the decisions taken by the National Council for Labour and Social Legislation to apply the Convention. The Government’s report does not, however, contain any specific information on the concrete activities through which the Council is promoting the implementation of the principle of equal remuneration for work of equal value. It hopes that the Government will provide such information with its next report.

3. Parts III and V of the report form. Practical application and statistics.  The Committee notes from the statistics of 2004 attached to the Government’s report on Convention No. 111 that women make up only 21.4 per cent of the employees in the public service and are concentrated in the health and education ministries and to a lesser extent in the ministries for economy, agriculture and the promotion of women. The statistics further show that women continue to be under-represented in higher job categories and decision-making posts (with women representing only 12 per cent of the employees in level A1 and 12.5 per cent in level A2). The Committee notes that the Government’s report does not include the requested information on the results achieved by the Ministry for the Advancement of Women and Social Affairs to address the issue of occupational segregation and to promote women’s access to better paid higher status jobs and managerial positions in the public sector. As such action helps to promote the application of the Convention, the Government is asked to provide such information with its next report. Noting also the Government’s statement that no statistics are available on the earnings of men and women in the public and private sectors, the Committee wishes to point out that such information is needed in order to assess how the principle of equal pay for men and women for work of equal value is applied in practice. It encourages the Government to work towards the compilation of such statistical information and asks the Government to provide whatever information is available on the earning levels of men and women, by branch, economic activity and occupation in both the public and private sectors.

4. Part III of the report form. Enforcement by the labour inspectorate. With reference to its previous request on the difficulties encountered by the Inspectorate for Labour and Labour Legislation in enforcing the principle of equal remuneration for work of equal value, the Committee notes that the Government wishes to undertake a study outlining the difficulties encountered by labour inspectors in enforcing the principle and assessing their training needs. The study would provide the basis for a future training programme in this area. The Committee reminds the Government that it might wish to ask for assistance from the Office in this regard and in the meantime encourages the Government to undertake every action to improve the capacity of the labour inspectorate to ensure the application of the principle of the Convention.

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

The Committee notes the Government’s report.

1. With reference to its previous direct request, the Committee notes from the Government’s report that a list of the different posts with an indication of the qualifications required is attached to each collective agreement. Noting that no copies of collective agreements have been supplied, the Committee hopes that the Government will include in its next report copies of such agreements, including the annexes, to enable the Committee to determine whether gender stereotypes or any other kind of gender bias have occurred in the appraisal of the posts listed in the annexes to the agreements. It also hopes that the interoccupational collective agreement will be negotiated soon and that there will be no differential between men and women workers in the granting of travel allowance.

2. The Committee hopes that progress will be made soon in the adoption of the final draft of the Labour Code and that it will contain provisions which implement the Convention. Please provide the Office with a copy once it is adopted.

3. The Committee notes that the Government’s report does not contain any information on the results achieved by its efforts to promote the participation of women in the labour market and on the activities of the Ministry for the Advancement of Women and Social Protection. It hopes that the Government will be in a position to provide such information in its next report, as well as the statistics requested on the average earnings of men and women in public or private enterprises, in accordance with the General Observation of 1998 concerning this Convention.

4. The Committee notes the Government’s statement that it has re-established the National Council for Labour and Social Legislation, which is a body for dialogue and tripartite cooperation through which, henceforth, the collaboration intended by Article 4 of the Convention will operate. It asks the Government to indicate the concrete activities through which the National Council promotes the implementation of the principle of equal remuneration for work of equal value.

5. The Committee notes that for the seventh consecutive year the Government continues to declare that the Inspectorate for Labour and Labour Legislation has not observed any difficulties in the application of the Convention. It refers the Government once again to paragraph 253 of its General Survey of 1986 on equal remuneration in which it emphasizes that by its nature, by the way in which it develops, and as a result of the equivocal character of discrimination with regard to remuneration, the application of the principle contained in the Convention will necessarily give rise to difficulties. The Committee trusts that the Government will make every effort to provide information, in its next report, on the manner in which the Inspectorate for Labour and Labour Legislation enforces the principle of equal remuneration for men and women for work of equal value. It also hopes that the Government will consider holding courses on international labour standards, particularly on Convention No. 100, for example, in the context of the inspectors’ training programme, and will undertake whatever other measures deemed appropriate to strengthen the capacity of the labour inspectors to detect, investigate and remedy inequalities between men and women with respect to remuneration.

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

The Committee notes the Government’s report.

1. The Committee notes the observations by the Committee on Economic, Social and Cultural Rights (CESCR) of 21 May 2001 (E/C.12/1/Add.61) expressing concern at women’s status in Togolese society. This committee observes that, although the Constitution states that all are equal before the law, women continue to suffer widespread discrimination with regard to the right to education, social security, protection of the family and practices deriving from traditional law.

2. With reference to its previous comments, the Committee recalls that the Government devised and implemented a number of programmes for the advancement of women by measures which include promoting access for girls and young women to education at all levels and to technical training. The Committee again asks the Government to supply precise information on specific measures under way or envisaged to counter obstacles of a social nature to the promotion of equality in practice, such as parental reticence to the education of girls, particularly in rural areas, or prejudice preventing the access of women to certain jobs.

3. The Committee further stresses the need to obtain reliable statistical data on the school attendance rate of girls and on the number of women in jobs in the private sector and the public sector. The Committee points out that where inequality of opportunity in employment and education is overlooked because it is inadequately reported and reflected in statistics, effective application of the Convention is negatively affected.

4. The Committee notes that the Government intends to send with future reports the studies conducted under the 1996-2005 Action Plan for the Advancement of Women and to report on progress in this area. It takes note of the information concerning the drafting of a new Labour Code and asks the Government to report on progress made with the draft and in prohibiting discrimination in employment and occupation.

5. The Committee notes from the report of the CESCR the persistence of systematic discrimination between the various ethnic minorities living in Togo which is evident in private sector hiring practices, inter alia. The Committee accordingly asks the Government to provide information on any measures taken or envisaged to eliminate such discriminatory practices, which constitute another obstacle to the application of the Convention.

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

The Committee notes the Government’s report.

1. The Committee notes that the Government is committed to taking the necessary steps, when the interoccupational collective agreement is next negotiated, to ensure that there is no gender discrimination between workers in the granting of travel allowance. The Committee asks the Government to provide a copy of the interoccupational collective agreement as soon as it has been negotiated. The Committee notes from the information supplied by the Government that wage rates are fixed in collective agreements on the basis of job appraisals, and asks the Government to take the necessary steps to ensure that the negotiation of collective agreements excludes gender stereotypes or any other kind of gender bias in the appraisal of jobs. It also asks the Government to send copies of the collective agreements.

2. The Committee notes that in preparing the new Labour Code the Government received technical assistance from the ILO for the countries of the Council of the Entente. It also notes that the Office’s observations were taken into account in the final draft of the Code, and asks the Government to provide a copy of the latter once it is adopted.

3. The Committee notes that the Government has undertaken to provide information on the results achieved by its efforts to promote the participation of women in the labour market and on the activities of the Ministry for the Advancement of Women and Social Protection. It hopes that the Government will be in a position to provide such information in its next report. It further notes that the Government intends, as soon as conditions allow, to provide the statistics requested on the average earnings of men and women in public or private enterprises. In this regard, it asks the Government to refer to its general observation of 1998 concerning this Convention.

4. The Committee again notes the Government’s statement that the Inspectorate for Labour and Labour Legislation has had no difficulty in applying the provisions of the Convention. It would again refer the Government to paragraph 253 of its General Survey of 1986 on equal remuneration in which it emphasizes that by its nature, by the way in which it develops, and as a result of the equivocal character of discrimination with regard to remuneration, the application of the principle contained in the Convention will necessarily unearth difficulties. The Committee hopes that the Government will consider holding courses on international labour standards, particularly Convention No. 100, for example, in the context of the inspectors’ training programme.

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

The Committee notes the Government's indications in its report and the tables indicating the numbers of men and women employed at the different levels of state services.

1. The Committee notes that the Government repeats its previous reply concerning the provision on the transfer allowance contained in the inter-occupational collective agreement and reproduced in all the sectoral collective agreements. However, it hopes that the Government will take the necessary measures, when the inter-occupational collective agreement is next negotiated, to ensure that the terms of this provision clearly provide that no distinction shall be made in the allocation of the allowance on the grounds of the sex of the worker.

2. The Committee notes that a new Labour Code is currently being prepared and that the draft text takes into account its comments concerning the establishment of the principle of equal remuneration for work of equal value. It requests the Government to keep it informed of the progress made in preparing the draft text and recalls that the Government may, if it so wishes, request the opinions and comments of the ILO on any draft labour legislation.

3. The Committee notes the data concerning the distribution of men and women at the various levels in public employment, which reveal very clear differences in their distribution at almost all levels. The Committee notes that, according to the report on the situation of women in the member States of the West African Economic and Monetary Union (WAEMU), which is appended to the Government's report for Convention No. 111, the Government of Togo, in its awareness of the problems related to the situation of women in the country, has developed action plans to promote the participation of women in the labour market, particularly through measures to encourage the access of girls to education at all levels. The Committee requests the Government to pursue its efforts in this respect and to keep it informed of the results observed in practice. In particular, it requests the Government to provide it with information on the activities of the Ministry for the Promotion of Women and Social Protection, and the activities undertaken within the framework of the plan of action for the promotion of women in Togo, which is referred to in the national report of Togo on the situation of women presented to the Fourth World Conference on Women held in Beijing in 1995, as well as statistical data as provided in the above report.

4. The Committee once again notes the Government's statement that the inspectorate of labour and social legislation has not encountered any difficulties in the application of the Convention. It wishes once again to refer the Government to paragraph 253 of its 1986 General Survey on equal remuneration, in which it emphasizes that by its nature, by the way in which it develops, and as a result of the equivocal character of discrimination with regard to remuneration, the application of the principle contained in the Convention will necessarily unearth difficulties. The Committee therefore needs to be provided with precise and concrete information in order to enable it to assess the effect given to the Convention in practice. While noting that the Government is not in a position to provide it with the requested statistics on the average earnings of men and women in public and private enterprises, the Committee nevertheless requests it to endeavour to compile and transmit such information, in so far as possible. It also requests the Government to refer to its general observation of 1998 concerning this Convention.

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

The Committee notes the information contained in the Government's report, and also the documents annexed thereto.

1. The Committee notes, in particular, from the report entitled "The Situation of Women in UEMOA Member Countries" of the General Directorate for the Promotion of Women, that the Government has elaborated and implemented a certain number of programmes for the promotion of women, including measures to encourage the access of girls to education (such as the reductions in expenses related to schooling for girls established under Inter-Ministerial Order No. 123/MENR/MFP) and of young women to education at all levels, as well as to technical training. The Committee expresses the hope that the Government will continue its promotion efforts and also collect statistical information of the type included in the report mentioned above, and keep it informed thereon. It further hopes that the Government will supply information regarding specific measures undertaken or envisaged to counter obstacles of a social nature to the promotion of equality in practice, such as parental reticence regarding the education of girls, especially prevalent in rural areas, or prejudices preventing the access of women to certain jobs. In particular, the Committee would like to know whether there are programmes to increase public awareness of the utility and need to achieve this equality.

2. The Committee also repeats the request for information it expressed in its previous direct request, regarding the first activities undertaken as part of the 1996-2005 action plan for the promotion of women, any additional studies which may have been carried out and progress already achieved under the plan.

3. The Committee notes that a new Labour Code is in preparation and that the draft contains the prohibition of all discrimination in respect of employment and occupation. It asks the Government to keep it informed on the development of this draft, and recalls that the Government may, if it so desires, request advice and comments on the conformity of any draft legislation which it is on the point of adopting with the Conventions that it has ratified.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

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

The Committee notes that the Government's brief report replies to its previous comments by stating that the situation has not changed since the last report and that the information requested will be transmitted as soon as it is available. The Committee hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

1. With reference to its previous direct requests concerning certain provisions of collective agreements which appear to discriminate on grounds of sex, particularly the provision granting a transfer allowance to male workers, the Government states that there is nothing to prevent this allowance from being granted to a married woman if she qualifies for it. The Committee asks the Government to keep it informed of developments in the situation, for instance by providing copies of recent collective agreements which will enable it to verify the Government's statement that there is no difficulty in applying the principle of equal remuneration for men and women.

(...)

2. In its previous comments the Committee referred to section 88 of the Labour Code and articles 24 and 25 of the inter-occupational collective agreement of 1 May 1978, which provide that, under equal conditions of work, professional quality and output, wages shall be equal for all workers regardless of their nationality or extraction, sex, age or status, and asked the Government to provide information on the application of the principle of equal remuneration where men and women perform work of a different nature but of equal value. Noting that the report is silent on this matter, the Committee once again asks the Government to state, in its next report, the measures taken or envisaged to amend the above-mentioned provisions of the Labour Code and the inter-occupational collective agreement so that they expressly establish the principle of equal remuneration for work of equal value, in accordance with Article 2, paragraph 1, of the Convention.

3. The Committee notes the Government's statement that there is no difficulty in applying the principle of equal remuneration for men and women. The Committee must point out that since no precise and specific information has been provided on the practical application of the Convention, it is unable to review the factual basis for this assertion. It asks the Government to refer in this connection to paragraph 253 of the General Survey mentioned above, which states that, by its nature, by the way in which it develops, and as a result of the equivocal character of discrimination with regard to remuneration, the application of the principle will necessarily unearth difficulties. The Committee would therefore be grateful if the Government would provide recent information enabling it to assess how the principle of equal remuneration is applied in practice. It therefore once again asks the Government to provide statistics on the percentage of men and women in the various grades of the public service; the average earnings of men and of women in public and private enterprises employing a large number of women; the percentage of women covered by the collective agreements sent; and the distribution of men and women at various levels.

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

The Committee notes that the Government's brief report replies to its previous comments by stating that the situation has not changed since the last report and that the information requested will be transmitted as soon as it is available. The Committee hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

1. With reference to its previous direct requests concerning certain provisions of collective agreements which appear to discriminate on grounds of sex, particularly the provision granting a transfer allowance to male workers, the Government states that there is nothing to prevent this allowance from being granted to a married woman if she qualifies for it. The Committee asks the Government to keep it informed of developments in the situation, for instance by providing copies of recent collective agreements which will enable it to verify the Government's statement that there is no difficulty in applying the principle of equal remuneration for men and women.

2. Noting that the report contains no reply to its other comments, the Committee hopes that the Government will provide full information in its next report on the points which it raised in its previous direct request which read as follows:

(...)

2. In its previous comments the Committee referred to section 88 of the Labour Code and articles 24 and 25 of the inter-occupational collective agreement of 1 May 1978, which provide that, under equal conditions of work, professional quality and output, wages shall be equal for all workers regardless of their nationality or extraction, sex, age or status, and asked the Government to provide information on the application of the principle of equal remuneration where men and women perform work of a different nature but of equal value. Noting that the report is silent on this matter, the Committee once again asks the Government to state, in its next report, the measures taken or envisaged to amend the above-mentioned provisions of the Labour Code and the inter-occupational collective agreement so that they expressly establish the principle of equal remuneration for work of equal value, in accordance with Article 2, paragraph 1, of the Convention.

3. The Committee notes the Government's statement that there is no difficulty in applying the principle of equal remuneration for men and women. The Committee must point out that since no precise and specific information has been provided on the practical application of the Convention, it is unable to review the factual basis for this assertion. It asks the Government to refer in this connection to paragraph 253 of the General Survey mentioned above, which states that, by its nature, by the way in which it develops, and as a result of the equivocal character of discrimination with regard to remuneration, the application of the principle will necessarily unearth difficulties. The Committee would therefore be grateful if the Government would provide recent information enabling it to assess how the principle of equal remuneration is applied in practice. It therefore once again asks the Government to provide statistics on the percentage of men and women in the various grades of the public service; the average earnings of men and of women in public and private enterprises employing a large number of women; the percentage of women covered by the collective agreements sent; and the distribution of men and women at various levels.

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

The Committee regrets that the Government's very brief report merely states that the statistics requested by the Committee in its previous comment will be sent as soon as available, and does not reply fully to the outstanding comment beyond referring to the attached copy of the National Report submitted in Beijing, 1995.

1. With reference to the participation of women in employment, in particular in the public sector, the Committee notes that, according to the National Report, a high proportion of female employment in the public service relates to office workers, teachers and public health officials, and that despite their abilities and enthusiasm, Togolese women still do not occupy their rightful place in the country's political and management authorities. From an analysis of the tables submitted, the Report concludes that great efforts are still required if women are to be truly integrated into the country's development process at the level of decision-making. The Committee asks the Government to provide, in its future reports, information on the programmes in force or envisaged to compensate for the insufficient participation of women in the country's decision-making authorities.

2. As regards the employment of women in the private sector, the National Report includes an analysis of the employment structures by sex and branch of activity and, on the basis of the statistics for 1981 projected for 1993 (the only reliable source available), indicates the following: in 1981, 29.2 per cent of all workers in the primary sector were women compared to 27 per cent in 1993; in 1981, 2.9 per cent of all workers in the secondary sector were women compared to 3 per cent in 1993; and in 1981, 11.6 per cent of all workers in the tertiary sector were women compared to 14 per cent in 1993. Furthermore, the Report indicates that a 1996-2005 action plan for the promotion of women has been drawn up. The plan is based on the following objectives: the strengthening of the capacity of participation structures for the integration of women in development (IFD), in particular the Directorate General for the Promotion of Women; the improvement of legal status for women and the effective application of all their rights; improved access for girls to education; improved sanitary and nutritional conditions for women; and the promotion of appropriate technologies and income-generating activities for women. According to the Government, if the plan is to be implemented, considerable financial and human resources will be necessary together with a great deal of commitment and political will. However, it is still difficult to provide systematic details of all the activities which need to be conducted, something which will only be possible in the light of the initial activities implemented and certain additional studies which will be considered useful.

3. As regards training for women and girls, the Report submitted in Beijing indicates that in relation to access to education for girls and literacy for women, problems exist which are linked, in particular, to the low rate of school attendance for girls compared with boys, the large number of girls who repeat school years or abandon their studies, the absence or low level of representation of girls in certain educational disciplines such as the industrial (1 per cent), accounting (19 per cent), commerce (23 per cent) and management (16 per cent) sectors, and the high rate of illiteracy among women. The report explains these problems, which persist despite the State education policy based on equitable access for both sexes to training, in terms of the following factors: early motherhood for girls; reluctance of parents to send their daughters to school, particularly in rural areas; insufficient investment by the State and by families in education especially for girls; an excessive number of daily activities for women; and the reluctance of men to accept that women are able to read and write.

4. The Committee asks the Government to send, in its next report, information on the measures currently implemented or envisaged as part of the above-mentioned action plan for the promotion of women. In particular, it would like to receive information on the progress already made under this plan for the purposes of applying the Convention in the areas of training and access to employment not deemed to be "typically female".

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the Government's brief report.

1. With reference to its previous direct requests concerning certain provisions of collective agreements which appear to discriminate on grounds of sex, particularly the provision granting a transfer allowance to male workers, the Government states that there is nothing to prevent this allowance from being granted to a married woman if she qualifies for it. The Committee asks the Government to keep it informed of developments in the situation, for instance by providing copies of recent collective agreements which will enable it to verify the Government's statement that there is no difficulty in applying the principle of equal remuneration for men and women.

2. Noting that the report contains no reply to its other comments, the Committee hopes that the Government will provide full information in its next report on the points which it raised in its previous direct request which read as follows:

(...)

2. In its previous comments the Committee referred to section 88 of the Labour Code and articles 24 and 25 of the inter-occupational collective agreement of 1 May 1978, which provide that, under equal conditions of work, professional quality and output, wages shall be equal for all workers regardless of their nationality or extraction, sex, age or status, and asked the Government to provide information on the application of the principle of equal remuneration where men and women perform work of a different nature but of equal value. Noting that the report is silent on this matter, the Committee once again asks the Government to state, in its next report, the measures taken or envisaged to amend the above-mentioned provisions of the Labour Code and the inter-occupational collective agreement so that they expressly establish the principle of equal remuneration for work of equal value, in accordance with Article 2, paragraph 1, of the Convention.

3. The Committee notes the Government's statement that there is no difficulty in applying the principle of equal remuneration for men and women. The Committee must point out that since no precise and specific information has been provided on the practical application of the Convention, it is unable to review the factual basis for this assertion. It asks the Government to refer in this connection to paragraph 253 of the General Survey mentioned above, which states that, by its nature, by the way in which it develops, and as a result of the equivocal character of discrimination with regard to remuneration, the application of the principle will necessarily unearth difficulties. The Committee would therefore be grateful if the Government would provide recent information enabling it to assess how the principle of equal remuneration is applied in practice. It therefore once again asks the Government to provide statistics on the percentage of men and women in the various grades of the public service; the average earnings of men and of women in public and private enterprises employing a large number of women; the percentage of women covered by the collective agreements sent; and the distribution of men and women at various levels.

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

With reference to its previous direct requests the Committee notes the information supplied by the Government in its report.

1. The Committee notes the Government's indication that it has taken note of the Committee's wish concerning the transfer allowance for married women. It hopes that the Government will provide information in its next report on the measures taken or envisaged to amend the provisions of collective agreements (article 31 of the commerce collective agreement and article 44 of the industries' collective agreement) under which the grant of a transfer allowance and related entitlements appears to be limited to male workers. Please refer in this connection to the Committee's 1986 General Survey on Equal Remuneration, paragraphs 226 to 238, in which it indicates the authority's role in supervising the lawfulness of the clauses of collective agreements, and the establishment of the principle of equal remuneration in collective agreements.

2. In its previous comments the Committee referred to section 88 of the Labour Code and articles 24 and 25 of the inter-occupational collective agreement of 1 May 1978, which provide that, under equal conditions of work, professional quality and output, wages shall be equal for all workers regardless of their nationality or extraction, sex, age or status, and asked the Government to provide information on the application of the principle of equal remuneration where men and women perform work of a different nature but of equal value. Noting that the report is silent on this matter, the Committee once again asks the Government to state, in its next report, the measures taken or envisaged to amend the above-mentioned provisions of the Labour Code and the inter-occupational collective agreement so that they expressly establish the principle of equal remuneration for work of equal value, in accordance with Article 2, paragraph 1, of the Convention.

3. The Committee notes the Government's statement that there is no difficulty in applying the principle of equal remuneration for men and women. The Committee must point out that since no precise and specific information has been provided on the practical application of the Convention, it is unable to review the factual basis for this assertion. It asks the Government to refer in this connection to paragraph 253 of the General Survey mentioned above, which states that, by its nature, by the way in which it develops, and as a result of the equivocal character of discrimination with regard to remuneration, the application of the principle will necessarily unearth difficulties. The Committee would therefore be grateful if the Government would provide recent information enabling it to assess how the principle of equal remuneration is applied in practice. It therefore once again asks the Government to provide statistics on the percentage of men and women in the various grades of the public service; the average earnings of men and of women in public and private enterprises employing a large number of women; the percentage of women covered by the collective agreements sent; and the distribution of men and women at various levels.

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

1. The Committee notes that the Government repeats its previous statement concerning the absence of discrimination of any form and difficulties of any kind in applying the Convention. It draws the Government's attention to paragraph 240 of its 1988 General Survey on equality in employment and occupation in which it stresses that it is difficult to accept statements to the effect that the application of the Convention gives rise to no difficulties or is fully applied, especially when no other details are given on the contents and methods of implementing the national policy on equality of opportunity and treatment in employment and occupation. The Committee therefore asks the Government - as it has been doing in its direct requests for some years - to provide detailed information on the affirmative measures taken or envisaged in practice to facilitate and encourage the access of women and disadvantaged ethnic groups to training (particularly professional and university training) and employment in all sectors of activity and occupations and at all levels of responsibility. Please refer in this connection to paragraphs 166 to 169 of the Committee's General Survey, mentioned above, in which it specifies the concept and content of affirmative action or action to correct de facto inequalities in training and employment and to promote equal opportunity and treatment for certain groups of society which suffer from discrimination, particularly women and disadvantaged ethnic groups.

2. The Committee notes that the general statistics in the report concerning the distribution of men and women concern only six ministries and not the whole of the public administration and public enterprises, as the Committee has been requesting for several years. It must therefore repeat its request for detailed and complete statistics on the staff of the whole public administration and all public enterprises, with an indication of the percentage of men and women at different levels of responsibility, together with information on the measures taken or envisaged to facilitate women's access particularly to the different jobs in the public sector, including those traditionally reserved for men and management posts.

3. With regard to the Government's previous indication concerning the computerization of the management of employment as the only means of obtaining the statistical data requested, and its statement in the latest report that such information is not yet available, the Committee hopes that in its future reports the Government will be able to provide statistics, disaggregated by sex, concerning access to training and the various jobs and occupations, particularly the data collected and published periodically by the Minister of Labour, the Ministry of National Education, the General Directorate for the Status of Women and other relevant institutions.

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

The Committee takes note of the information supplied in the Government's brief report.

1. The Committee notes that, according to the report, women working in the public service comprise 20.842 per cent of the total workforce. So as to enable it to assess developments in the situation regarding women's access to employment, particularly public employment, the Committee asks the Government once again to supply detailed statistics on the distribution of men and women in the various posts in the public service and at the different levels of responsibility in its next report.

2. The Committee notes that, according to the report, the statistics requested in previous direct requests on the training and employment opportunities of women, particularly in the private sector, will be supplied when they are available. While awaiting the transmission of these statistics, it would appreciate receiving a copy of any report on the condition of Togolese women that might have been submitted to the Fourth World Conference on Women, held in Beijing in September 1995.

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

1. With reference to its previous comments on the insertion in the national legislation of "race" among the prohibited grounds of discrimination, the Committee notes with satisfaction that the 1980 Constitution (which did not mention "race") has been amended and replaced by the Constitution adopted by referendum on 27 September 1992 and promulgated on 14 October 1992, which ensures, in articles 2 and 11, equality before the law of all citizens and all human beings without any distinction in particular as regards extraction, race, sex, religion and political opinion, in accordance with Article 1, paragraph 1(a), of the Convention.

2. The Committee is addressing a request directly to the Government in which it raises other points.

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

The Committee notes that the Government's report does not supply full and detailed information on the matters raised in its previous direct request. It hopes that the next report will contain the information requested on the following points.

1. With reference to the Government's previous statement that vocational skills are the proper criterion for evaluating the work or services to be performed, the Committee once again requests the Government to supply information on the methods and criteria used in the job appraisal system to determine the value of the work or services to be performed and to indicate whether this system uses objective criteria that ensure real equality in remuneration when men and women perform work of a different nature but of equal value.

2. The Committee notes the Government's previous statement that, since there is no provision which prohibits the grant of a transfer allowance to women workers when the worker concerned is a married woman, women should be entitled to such allowance. Since collective agreements appear to limit the entitlement to a transfer allowance to male workers, by referring to "his wife", the Committee hopes that the Government will take the appropriate measures to remove any ambiguity regarding this matter. It once again requests the Government to supply information in its next report on the progress achieved in this respect.

3. The Committee notes that, according to the report, the established wage scales applicable in the public service do not take into account the sex of the workers. It requests the Government to provide a copy of these wage scales, which were referred to as being appended to the report, but which have not been received. It would also be grateful to be provided with statistics on the percentage of women in relation to men employed at the various levels in the public service and in public and private enterprises which employ a significant number of women workers.

4. The Committee notes that supervision of the application of the law is carried out by means of inspection visits in enterprises by the labour inspection services. It requests the Government to supply information on the results of these visits (violations reported and penalties imposed) with regard to the application of the principle of equal remuneration for men and women workers for work of equal value.

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

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

1. The Committee notes the Government's statement that the Togolese administration currently employs 34,246 public servants, of which 7,243 are women. It would be grateful if the Government would supply more detailed statistics in future reports on the numbers employed by the public administration and public enterprises, with an indication of the distribution of men and women at the different levels, and information on the measures that have been taken or are envisaged to facilitate the access of women, particularly to the various jobs in the public sector, including those traditionally reserved for men.

2. The Committee notes that the report contains no reply to the other points made in its previous comments and hopes that the Government will be able to supply the necessary information in its next report on the following points:

(a) the Committee notes the Government's statement that race is implicitly included among the grounds of discrimination enumerated in national regulations. The Committee once again hopes that the Government will take the appropriate measures, in accordance with Article 1, paragraph 1(a), of the Convention, to include "race" among the grounds of discrimination set out explicitly in the national legislation in a forthcoming revision of the legislation;

(b) the Government indicates that the computerization of the management of the employment services, which is the only means of obtaining the information that is requested, is currently under way. The Committee therefore hopes that the Government will be able to supply in its next report the information requested on the activities of the ministries and departments concerned with: (a) access to vocational training; (b) access to employment and the various occupations; and (c) conditions of work (in accordance with Articles 2 and 3), and statistics by sex concerning access to training and to the various jobs and occupations.

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

The Committee takes note of the Government's report.

1. The Committee notes the Government's statement that occupational qualification is the proper criterion for evaluating work or services to be performed. The Committee refers to the indications in paragraphs 19 to 23 and 44 to 65 of its General Survey of 1986 on equal remuneration and again asks the Government to provide information on the methods and criteria used in the job appraisal system to determine the value of work or services to be performed and to indicate whether this system uses objective criteria that ensure real equality in remuneration when men and women perform work of a different nature but of equal value.

2. The Committee notes the Government's statement that, since there is no provision which prohibits the grant of a transfer allowance to women workers when the worker concerned is a married woman, women should be entitled to such allowance. In this connection, the Committee refers to paragraphs 226 to 238 of its General Survey of 1986 mentioned above in which it indicates the role of the authorities in supervising the legality of the clauses in collective agreements and the inclusion of the principle of equal remuneration in such agreements. Since the collective agreements appear to limit the entitlement to a transfer allowance to male workers, by referring to "his wife", the Committee hopes that the Government will shortly take appropriate measures so as to remove any ambiguity regarding this matter, and asks it to continue to provide information on any progress made in this respect.

3. The Committee notes Decree No. 69-113 of 28 May 1969 establishing common procedures for the application of the general conditions of employment of the public service. It asks the Government in its next report to provide the wage scales applying in the public service, indicating the distribution of men and women in the various grades.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

1. With reference to its previous comments, the Committee notes the information supplied by the Government in its report. The Committee notes the Government's statement that race is implicitly included among the grounds of discrimination enumerated in national regulations. The Committee once again hopes that the Government will take the appropriate measures, in accordance with Article 1(a) of the Convention, to include "race" among the grounds of discrimination set out explicitly in the national legislation in a forthcoming revision of the legislation.

2. The Government indicates that the computerisation of the management of the employment services, which is the only means of obtaining the information that is requested, is currently under way. The Committee therefore hopes that the Government will be able to supply in its next report the information requested on the activities of the ministries and departments concerned with: (a) access to vocational training; (b) access to employment and the various occupations; and (c) conditions of work (in accordance with Articles 2 and 3) and statistics by sex concerning access to training and to the various jobs and occupations.

3. As regards the activities of the Directorate for the Advancement of Women, the Government indicates that there are 625 centres in the country for the literacy of women, with 14,398 instructors, and that women in the rural environment are trained in particular in dyeing, pottery, the smoking of fish, weaving, market gardening and the manufacture of soap. The Committee requests the Government to continue supplying information on the progress achieved in this respect.

4. The Committee notes the Government's statement that, in practice, there are no exceptions with respect to the physical conditions or specific limitations as regards the application without distinction between the sexes of the General Conditions of Service for Public Servants (section 4 of Ordinance No. 1 of 4 January 1968). The Committee once again requests the Government to indicate in its next report the number of women employed in the public administration (including those occupying posts of responsibility) and their percentage in relation to that of men.

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

The Committee notes the information provided by the Government in its report, in answer to its previous comments.

1. In its previous comments, the Committee requested the Government to provide particulars of the application of the principle of equal remuneration where men and women, in practice, perform work of a different nature but of equal value. It referred to section 88 of the Labour Code and to sections 24 and 25 of the Togolese Inter-occupational Collective Agreement of 1 May 1978, which provide that, under equal conditions of work, professional quality and output, wages shall be equal for all workers irrespective of their nationality or national extraction, sex, age or status.

The Committee notes with interest the statement that the value of the work is the only criterion used in determining remuneration where men and women perform work of a different nature but of equal value.

The Committee also notes that, in the public and private sectors, there is a system for appraising jobs which is based essentially on the value of the service to be performed and not on sex. It notes in addition that, in section 39 of the Collective Agreement of Togolese Industries, workers are classified in categories and grades and that their classification depends on the job they hold in the enterprise. Furthermore, section 24 of the same Agreement stipulates that the wage of each worker shall be determined according to the job (and hence the classification) assigned to him or her in the enterprise.

The Committee asks the Government to provide information on the methods and criteria used in the job appraisal system mentioned in the report to determine the value of the work or services to be performed. It asks the Government in particular to indicate whether this appraisal system uses objective criteria which ensure real equality of remuneration where men and women perform work of a different nature but of equal value.

2. The Committee notes that section 31 of the Collective Agreement of Togolese Commerce and section 34 of the Collective Agreement of Togolese Industries provide that if a worker is called upon to exercise his occupation in a place other than his usual place of employment but within the geographical limits laid down in his contract, he or she is entitled to a transfer allowance. Furthermore, if the transfer lasts for longer than six months and is outside the prescribed geographical limits, the worker may be joined by his or her family at his or her employer's expense.

The Committee notes, however, that the above Collective Agreements appear to limit the entitlement to transfer allowance to male workers, particularly as they refer to "his wife". It requests the Government to state whether the transfer allowance and other benefits are granted when the worker who is transferred is a married woman accompanied or joined by her husband and dependent children.

3. The Committee notes from the report that, where both spouses are public servants, family allowance is paid to the spouse who declares the children for this purpose.

4. In its previous comments, the Committee asked the Government to supply copies of the decrees issued under sections 2 and 38 of the Ordinance of 4 January 1968 to establish the general table of wage rates, the maximum and minimum rates, etc., and in particular the special conditions of employment of departments employing a high proportion of women. In its reply the Government states that there are no special conditions of employment for departments employing a high proportion of women. The Committee again asks the Government to provide copies of the above-mentioned decrees and to indicate the departments employing a high proportion of women.

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

The Committee notes the information supplied by the Government in reply to its previous comments.

1. In its comments, the Committee noted that neither the national Constitution nor the labour regulations mention "race" among the grounds of discrimination and it requested the Government to indicate the appeal channels that are available in the event of the non-observance of rights to equality of opportunity and treatment in employment on grounds of race. The Government states in reply that any victim of the non-observance of rights to equality of opportunity may bring a complaint to the labour inspection services or the labour tribunal. The Committee notes this statement and requests the Government to supply copies of judicial decisions that have been handed down in such cases and it also hopes that "race" will be included among the grounds of discrimination set out in the national regulations in a forthcoming revision of these regulations, in accordance with Article 1(a) of the Convention.

2. The Committee also requested the Government to supply detailed information on any positive measure taken in practice to promote effective equality of opportunity and treatment as regards: (a) access to vocational training, (b) access to employment and to particular occupations, and (c) terms and conditions of employment (in accordance with Articles 2 and 3). The Government indicates in this connection that there is no discrimination in the above areas and that in the employment services the preselection of workers for jobs is not subject to any discriminatory condition. The basis upon which these services put forward candidates is related especially to vocational skills, working conditions and age. The Committee notes this information and requests the Government to supply information in its next report on the activities of the employment services in the above fields and to provide statistics broken down by sex concerning access to training and to particular jobs and occupations.

3. The Committee also notes with interest that the Directorate-General for the Advancement of Women deals mainly with improving the literacy of women and girls in the rural environment and that it also runs community development micro-projects in which women are involved. The Committee would be grateful to be provided with more detailed information on the activities of this Directorate and, in particular, on the results achieved in the fields of the training and employment of women and girls in the rural environment. The Committee hopes that it will be possible to supply appropriate statistics on this subject.

4. The Committee also notes the information concerning the recruitment procedure in training schools (by competition), and the functions of the new Ministry of Technical Education and Vocational Training. The Committee requests the Government to provide fuller information on the relative roles of the new Ministry and the National Committee for Vocational Guidance and Training, which is attached to the Ministry of Labour, and particularly the measures taken by each of these two authorities to promote equality of opportunity and treatment in vocational training. The Committee would also be grateful if the Government would indicate the results achieved in this area by supplying, if possible, statistics broken down by sex on the various types of apprenticeship, vocational training and further training that are provided and on the methods employed for the guidance and promotion of skilled and managerial staff.

5. With regard to public servants, the Committee notes that their recruitment is based on competitions, without distinction based on sex, and requests the Government to indicate in its next report the number of women employed in the public service (including those in positions of responsibility) and their percentage in relation to men. As in previous comments, it also requests the Government to supply examples of the application in practice of section 4 of the General Conditions of Service for Public Servants, which provides for exceptions to equality of opportunity and treatment for the two sexes, particularly due to the specific restrictions on certain jobs set out in the special conditions of service of various types of public servants. The Committee hopes that the next report will contain this information and copies of some of the specific conditions of service (such as those applicable to the employees in a particular ministry).

6. The Committee notes that there have been no cases of dismissal under section 35 of the General Conditions of Service of Public Servants, for acts, as set out in this section, "proceeding admission to probation that would, if they had been known, have been an obstacle to recruitment". The Committee hopes that the Government will keep it informed of any new development in this connection.