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Repetition Legislation. The Committee notes that the Labour Code is still in the process of being adopted. The Committee once again expresses the hope that the draft new Labour Code, the drafting of which has been ongoing since 2013, will be adopted soon and that, like the current Labour Code, it will give effect to the Convention. Article 2 of the Convention. Collective agreements. Cooperation with employers’ and workers’ organizations. In its previous comments, the Committee emphasized that section 42 of the general collective agreement is more restrictive than the Labour Code, which provides for equal remuneration for work of equal value for men and women. The Government merely indicates that the regulations currently in use are outdated and that, once the new Labour Code has been adopted, implementing regulations will follow. The Committee emphasizes that the issue is not with the legislation, which is in conformity with the principle of the Convention, but with the general collective agreement, which provides that pay for women and men workers shall be equal “under equal conditions of work, length of service and professional qualifications”.The Committee requests the Government to take the necessary steps, in the context of the Higher Committee for Labour and Social Security and the National Council for Social Dialogue or Other Consultations, to raise the awareness of the social partners regarding the principle of equal remuneration for men and women for work of equal value in order to encourage them to include a clause to this effect in the general collective agreement when the latter is renegotiated. In view of the lack of information on this point, the Committee once again requests the Government to indicate whether, in accordance with section 379 of the Labour Code, there are any plans to revise the general collective agreement on wages and occupational classifications, and once again requests it to send a copy of the appendices to this agreement establishing occupational classifications for each sector of activity.Enforcement. Labour inspection. The Committee notes that the Government provides only general information on the employer’s register which features in inspections.Recalling the important role of labour inspectors in ensuring the application of the principle of equal remuneration for men and women for work of equal value, the Committee requests the Government to take the necessary steps to be able to identify discrimination and inequalities relating to pay for men and women workers and to offer advice on the most effective ways to put an end to such practices. The Committee requests the Government to provide information on any labour inspection activities carried out specifically in this sphere.Statistics. The Committee notes that the Government’s report does not contain any information on this point.The Committee requests the Government to take the necessary steps to collect information on the employment of men and women, disaggregated by sex, economic sector and occupation, including in the public sector, and on their respective earnings, and requests the Government to provide all available data.
Repetition Article 1(1)(a) of the Convention Discrimination based on sex. Sexual harassment. The Committee notes the Government’s indication that the bill on the Labour Code takes sexual harassment into consideration, as has the Penal Code in its section 341.The Committee therefore again requests the Government: (i) to take the necessary measures to include in the draft Labour Code that is currently being formulated provisions defining, prohibiting and penalizing sexual harassment in both its forms (quid pro quo and hostile work environment harassment), committed by work colleagues or the employer, but also by clients or suppliers, and to provide information on any progress in this respect; and (ii) to take specific measures, in collaboration with workers and employers’ organizations, to prevent harassment in employment and occupation.Article 1(1)(b). Additional grounds of discrimination. Noting that the Government’s report does not respond to its previous comment on this matter, the Committee again requests the Government to provide information on: (i) any measures taken or envisaged to ensure the effective implementation of the provisions of Act No. 019/PR/2007 of 15 November 2007 to combat HIV/AIDS/STIs and to protect the rights of persons living with HIV and AIDS in relation to the right to work (sections 32–41); (ii) the measures taken or envisaged to give effect to section 15 of Act No. 007/PR/2007 on the protection of persons with disabilities and to indicate whether enterprises have availed themselves of section 16 of the Act, with an indication of any interpretation given to the terms “a reasonable proportion of persons with disabilities”. The Government is also requested to provide copies of any judicial decision on the interpretation of sections 15 and 16 of the Act No. 007/PR/2007. 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.Statistics.The Committee once again requests the Government to indicate the measures taken: (i) for the compilation of employment statistics of men and women in all sectors (indicating, for example, measures taken to ensure that labour inspectors have adequate means to compile employment statistics), including the public sector; and (ii) to provide the statistical data obtained, disaggregated by sex and by sector, as well as any statistics available on employment in the informal economy, so that the Committee can assess the effect given to the Convention in practice.
Repetition Article 1(1)(a) of the Convention. Grounds of discrimination. The Committee notes with concern that the Labour Code has been awaiting adoption for many years. The Committee can only hope that the Government will soon be in a position to report on the adoption of the new Labour Code and requests it to ensure that it contains provisions explicitly prohibiting any direct or indirect discrimination based, as a minimum, on all the grounds enumerated in Article 1(1)(a) of the Convention, including race, colour, national extraction and social origin, at all stages of employment and occupation. The Committee requests the Government to provide a copy of the Labour Code as soon as it has been adopted, and of any implementing texts with respect to non-discrimination and equality in employment and occupation. Discrimination based on sex and equality of treatment between men and women. The Committee recalls that, in a previous comment, the Government acknowledged that section 9 of Ordinance No. 006/PR/84 of 1984, which gives the husband the right to object to his spouse’s activities, is completely outdated and that it would take measures to repeal this provision, which no longer corresponds to the current situation. The Government also specified that occupational segregation between men and women is due, inter alia, to the high levels of illiteracy and social factors. The Committee previously requested the Government to take the necessary measures in this regard. However, it notes that the Government has confined itself to referring once again to articles 13, 14, 33, 38, 39 and 42 of the Constitution and section 369 of the Penal Code. The Committee therefore urges the Government to take the necessary measures to formally repeal section 9 of the Ordinance of 1984 and to combat actively stereotypes and prejudices concerning the vocational capacities and aspirations of men and women. The Committee also requests the Government to take measures to raise awareness among parents and the population as a whole about the importance of girls and boys attending and remaining in school, and to promote the access of girls and women to a broader range of training courses and occupations, particularly those that are traditionally occupied by men. The Committee requests the Government to provide information on any measures taken in this regard.
Repetition Article 1(1)(a) of the Convention. Sexual harassment. The Committee recalls that in its previous comments it requested the Government to take the necessary measures for the inclusion in the draft Labour Code that is currently being formulated of provisions defining, prohibiting and penalizing sexual harassment in both its forms, quid pro quo and hostile working environment harassment. The Committee notes the Government’s indication in its report that its comments have been included in the new version of the draft Labour Code. The Committee therefore requests the Government to keep it informed of the adoption of the definitive version of the Labour Code and to take the necessary measures to include in the draft Labour Code that is currently being formulated provisions defining, prohibiting and penalizing sexual harassment in both its forms, quid pro quo and hostile work environment harassment. The Committee also requests the Government to take practical measures, in collaboration with workers’ and employers’ organizations, to prevent sexual harassment in employment and occupation, and to provide detailed information on the measures taken for this purpose. Article 1(1)(b). Additional grounds of discrimination. The Committee notes that the Government’s report does not contain a reply to its previous comment on this point. The Committee therefore once again requests the Government to provide information on any measures taken or envisaged to ensure the effective implementation of the provisions of Act No. 019/PR/2007 of 15 November 2007 to combat HIV/AIDS/STIs and to protect the rights of persons living with HIV and AIDS in relation to the right to work (sections 32–41). It once again requests the Government to provide information on the measures taken or envisaged to give effect to section 15 of Act No. 007/PR/2007 on the protection of persons with disabilities and to indicate whether enterprises have availed themselves of section 16 of the Act, with an indication of the interpretation given to the terms “a reasonable proportion of persons with disabilities”. The Government is requested to provide the Committee with any judicial decision on the interpretation of these two sections. Statistics. The Committee once again requests the Government to indicate the measures taken for the compilation of employment statistics of men and women in all sectors, including the public sector, and to provide the statistical data obtained, disaggregated by sex and by sector, as well as any statistics available on employment in the informal economy, so that the Committee can assess the effect given to the Convention in practice.
Repetition Legislation. The Committee recalls that section 246 of the Labour Code provides for equal remuneration for employees for work of equal value, irrespective of their origin, nationality, sex and age. The Committee hopes that the draft new Labour Code that is currently being formulated will be adopted soon and will give effect to the Convention in the same way as the current Labour Code. Article 2 of the Convention. Collective agreements. In its previous comments, the Committee noted that clause 42 of the general collective agreement is more restrictive than the principle of equal remuneration for men and women for work of equal value laid down in the Labour Code and the Convention, as it provides that wages for men and women workers shall be equal under “equal conditions of work, length of service and professional qualifications”. In its report, the Government confines itself to recalling that, as the principle of equal remuneration for men and women workers for work of equal value is set out in the Labour Code, all enterprises are bound to ensure that it is applied, and adds that the collective agreements in force set the same remuneration rates for workers of both sexes performing the same work. In this regard, the Committee recalls that the principle set out in the Convention goes beyond equal remuneration for “equal”, “similar”, “the same” or “substantially similar” work, as it includes comparison between jobs that are different but which are of equal value and therefore involves the use of objective evaluation methods to determine the value of jobs. The Committee once again requests the Government to take the necessary measures to encourage the social partners to include a clause establishing the principle of equal remuneration for men and women for work of equal value in the general collective agreement when it is renegotiated. In the absence of information on this point, the Committee once again requests the Government to indicate whether, pursuant to section 379 of the Labour Code, it is planned to revise the clauses of the general collective agreement that relate to wages and occupational classifications, and to provide a copy of any appendices to the agreement that establish occupational classifications for each sector of activity. Article 4. Collaboration with the social partners. The Committee notes the Government’s indications that collaboration with the social partners takes place within the framework of the High Committee for Labour and Social Security and the National Social Dialogue Council. The Committee requests the Government to indicate whether matters relating to the implementation in practice of the principle of equal remuneration for men and women, particularly through the objective appraisal of jobs based on appropriate methods, have been addressed by these bodies or in the context of other consultations with the social partners. The Committee once again requests the Government to provide information on any activities undertaken by workers’ and employers’ organizations to familiarize their members with the principle laid down in the Labour Code and the Convention and to promote its application in practice. Enforcement. Labour inspection. The Committee notes that, according to the Government’s report, labour inspectors encourage employers during inspections to give effect to the principle of equal remuneration and have not reported any complaints of discrimination in relation to remuneration. As no society is free from discrimination, the Committee also recalls that, in addition to the adoption of legislation to apply the principle set out in the Convention, it is also important to address the deep-rooted and persistent causes of wage discrimination which exist in all countries to varying degrees. Sexist stereotypes (which are based on a traditional view of the respective roles of men and women on the labour market and in society, particularly in relation to family responsibilities) and occupational segregation (which channels workers into certain sectors and occupations, based on their gender) are still the main obstacles to the application of the Convention (see General Survey on the fundamental Conventions, 2012, paragraphs 712–714). With reference to the comments that it has been making since 2006, the Committee once again requests the Government to provide information on the resources and tools made available to labour inspectors to enable them to identify wage discrimination and unequal pay between men and women and to provide advice on the best means of bringing such inequality to an end in practice, as well as information on any penalties imposed and compensation ordered. The Committee would also like to be provided with information on the measures taken or envisaged to raise awareness among the public at large and the social partners concerning the principle set out in the Convention. Statistics. The Committee once again requests the Government to provide all available statistical information, disaggregated by sex, on the employment of men and women in the various sectors of activity and occupations, including the public sector, and on their respective earnings.
Repetition Article 1(1)(a) of the Convention. Grounds of discrimination. The Committee notes that, according to the Government, the new draft Labour Code has been validated by the High Committee for Labour and Social Security and will be forwarded to the Council of Ministers in the near future. The Government adds that the Committee’s comments have been taken into account and that the draft text has been amended accordingly. The Committee hopes that the Government will soon be in a position to report on the adoption of the new Labour Code and requests it to ensure that it contains provisions explicitly prohibiting any direct or indirect discrimination based, as a minimum, on all the grounds enumerated in Article 1(1)(a) of the Convention, including national extraction and social origin, at all stages of employment and occupation. The Committee requests the Government to provide a copy of the Code as soon as it has been adopted, and of any implementing texts with respect to non-discrimination and equality in employment and occupation. Discrimination based on sex and equality of treatment between men and women. With reference to its previous observation, the Committee notes the Government’s acknowledgement that section 9 of Ordinance No. 006/PR/84 of 1984, which gives the husband the right to object to his spouse’s activities, is completely outdated. The Committee also notes the Government’s indication that it will take measures to repeal this provision, which no longer corresponds to current realities. With regard to discrimination against women in practice, the Government indicates that occupational segregation between men and women is, among other factors, due to the high levels of illiteracy and social rigidity. The Committee once again requests the Government to take the necessary measures to formally repeal section 9 of the Ordinance of 1984 and to combat actively stereotypes and prejudices concerning the vocational capacities and aspirations of men and women. The Committee also requests the Government to carry out awareness-raising activities for parents and the population as a whole concerning the need for girls and boys to go to and remain in school, and to promote the access of girls and women to a broader range of training courses and occupations, particularly those that are traditionally male.
Repetition Articles 2 and 4 of the Convention. Application of the principle by means of collective agreements. Cooperation with the social partners. The Committee notes that the Government’s report does not contain any reply to its previous comment concerning the limited nature of the principle of equal remuneration laid down in section 42 of the general collective agreement applicable to workers in the Republic of Chad. It is bound to emphasize once again that the guarantee offered to men and women workers by this collective agreement is narrower than that provided for by section 246 of the Labour Code, as it does not give full effect to the principle of equal remuneration for work of equal value, as established by Article 1 of the Convention. The Committee therefore asks the Government to clarify the practical scope of section 42 of the collective agreement concerning equal remuneration and to indicate in what manner it is ensured, in law and in practice, that men and women workers receive equal remuneration when they perform work of equal value. It also asks the Government to supply information on any measures taken to encourage the social partners to include a clause establishing the principle of equal remuneration for men and women workers for work of equal value in the abovementioned collective agreement when it is renegotiated. Finally, the Government is requested once again to send copies of the appendices to the agreement establishing professional classifications for each sector of activity, which, contrary to what was stated, were not attached to the report.With reference to its previous comments, the Committee notes that, according to the Government, cooperation with the women’s committees of trade unions which are striving for equality in employment, vocation and remuneration is not working effectively. However, it underlines the key role that the social partners can play in the elimination of discrimination in collective agreements and in the promotion and implementation of the principle of equal remuneration for men and women for work of equal value. The Committee asks the Government to take the necessary steps to encourage the development of this cooperation, not only with trade unions and their women’s committees but also with employers’ organization, and to supply information on the actions taken in this respect and also on the results achieved. The Government is also requested to supply such detailed information as is possible on the following:(i) specific activities which it is undertaking with regard to the employers’ organization and workers’ organizations to promote equality in employment and occupation and, in particular, the implementation of the principle of equal remuneration for men and women for work of equal value;(ii) the initiatives taken by the High Committee for Labour and Social Security, a tripartite advisory body established pursuant to section 327 of the Labour Code, in the area of combating inequalities relating to pay;(iii) the activities undertaken by the social partners themselves to promote a better understanding and application of the principle of equal remuneration for men and women for work of equal value and, in particular, of the concept of “work of equal value”.Practical application of the Convention. Labour inspection. With reference to the Government’s statement that, in the absence of an objective complaint, it considers that there is nothing to report, the Committee is bound to recall that the absence of a reported infringement, a lodged complaint or even a court decision issued in the area of pay discrimination in no way signifies that no problems exist with regard to the practical application of the Convention. In this respect, the Committee notes the Government’s statement that it intends to enhance the conditions of work of labour inspectors in order to enable them to carry out inspections in the field. It also draws the Government’s attention to the need to take steps to raise the awareness of these major players in the area of equality regarding the need to promote the application of the principle established by the Convention and to ensure a clear understanding of the principle of “work of equal value”, and the need to use appropriate methods for objective job evaluation. The Committee hopes that the Government will equip labour inspectors in the near future with the necessary resources and tools to enable them to identify discrimination in the area of pay, provide advice on the best ways of putting an effective stop to it and, if necessary, impose penalties, and it requests the Government to provide information on the measures taken to this end, and also on the results of inspections undertaken (number of workplaces visited and numbers of men and women workers covered, infringements reported, reports drawn up, penalties imposed, etc.).Statistics. With reference to its previous request which received no reply, the Committee again asks the Government to provide information and statistics in support of the results of the survey undertaken in 42 enterprises concerning the application of the present Convention and the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), particularly the numbers of men and women working in these enterprises, the numbers of men and women who have been promoted and trained, their levels of pay and also their respective posts. The Government is also requested to provide any recent available statistics, disaggregated by sex, relating to wages in the public and private sectors.
Repetition Article 1(1)(a) of the Convention. Grounds of discrimination. In its previous comments, the Committee asked the Government to amend the national legislation in order to ensure that it at least covers discrimination on the basis of all the grounds listed in the Convention, including a prohibition on any discrimination based on race or colour. While noting the Government’s statement that it faces difficulties which prevent it from revising the Constitution accordingly, the Committee wishes to draw the Government’s attention to the fact that these grounds could be included in the provisions of the Labour Code concerning discrimination (sections 6 and 7), which in their current wording cover sex, age, nationality, membership or non-membership of a trade union, trade union activity, and the origin and opinions (particularly religious and political) of the worker, or that regulations implementing the Labour Code could be adopted to also cover race and colour before any revision of the Constitution is undertaken. The Committee therefore requests the Government to take the necessary steps to adopt legislation, or revise existing legislation or expand the provisions of the Labour Code so that at least all the grounds on which discrimination is based, which are prohibited under the terms of Article 1(1)(a) of the Convention, are expressly covered by the national legislation, and to supply information on the measures adopted in this respect.Discrimination on the basis of sex. For a number of years, the Committee has been drawing the Government’s attention to the incompatibility of section 9 of Ordinance No. 006/PR/84 of April 1984 issuing regulations on trading with the provisions of the Convention and has asked the Government to take the necessary steps to repeal this provision. In view of the lack of any reply from the Government on this point, the Committee requests the Government to state whether the 1984 Ordinance is still in force and, consequently, to clarify whether a husband still has the right to object to the commercial activities of his spouse. If so, it urges the Government once again to repeal section of the Ordinance because of their discriminatory nature with regard to women.Sexual harassment. In view of the lack of information on the measures taken or contemplated to combat sexual harassment in the workplace, the Committee is bound to repeat its request in this respect, referring once again to its general observation of 2002, in which it emphasizes that sexual harassment undermines equality at work by jeopardizing the integrity, dignity and well-being of workers and is harmful to enterprises by weakening the foundations of the employment relationship and reducing productivity.Article 1(1)(b). Additional grounds of discrimination. The Committee notes the adoption of Act No. 019/PR/2007 of 15 November 2007, protecting the rights of persons living with HIV and AIDS. This Act contains provisions which define the denial of access to employment for HIV-positive persons as a discriminatory act (section 22), prohibit screening for HIV in relation to obtaining employment, promotion, training or benefits (section 36), guarantee employment to any employee who is living with HIV as long as he or she is capable of working, and guarantees the offer of acceptable replacement work (section 36), and prohibit any penalty or dismissal on the basis of the worker’s HIV status (section 38). The Committee requests the Government to indicate whether the implementing decrees provided for in section 64 of the Act No. 019/PR/2007 have been adopted, particularly as regards the abovementioned provisions relating to the right to work (sections 32–41) and, if so, to provide a copy of the decrees. The Government is also requested to provide information on any measure taken or contemplated to ensure the effective implementation of these legislative provisions against discrimination towards, and stigmatization of, persons living with HIV and AIDS, for example awareness-raising campaigns on equality at work intended for workers’ and employers’ organizations, labour inspectors, magistrates and the general public.Also noting, according to the information contained in the report drawn up by the Ministry of Education in October 2008 on the development of education, that an Act on the protection of disabled persons has been adopted, the Committee requests the Government to send a copy of it to the Office and indicate the steps taken to ensure in practice the equality of opportunity and treatment in respect of employment and occupation for disabled persons.Article 2. National policy to promote equality. Access to education and vocational training. As regards education and training, on which actual possibilities of access to employment and occupation in both the public and private sectors depend, the Committee notes the adoption of Act No. 016/PR/06 of 13 March 2006 issuing guidelines for the Chadian education system, which focuses on combating the exclusion from education of groups considered the most vulnerable, namely girls living in rural areas, nomadic and lake-dwelling groups, street children, physically disabled persons, refugees and displaced persons, child domestic workers, child herders and child soldiers. The objectives of this Act include “ensuring equitable access to high-quality education for all Chadian children” and “promoting schooling for girls by removing stereotypes and other socio economic and cultural obstacles to the full development of girls and women in terms of the education process”.The Committee also notes, according to the abovementioned report on education, that incentives aimed at making school attendance more attractive to girls are provided for in the “National plan of action for education for all” and that experimental action has been taken in four pilot areas to promote schooling for girls, such as awareness raising on a large scale with regard to gender issues, grants to communities to undertake income-generating activities, waiving school fees and no age limits on school enrolment for girls, etc.Welcoming the efforts made and the desire shown by the Government to achieve greater equality in the area of education and training, the Committee hopes that the planned measures to promote equal access to education will be implemented in the near future and that the abovementioned experimental measures can be extended throughout the country in order to rectify the inequalities which exist in practice. It requests the Government to supply information on the results achieved, in the context of the various mechanisms established, with respect to schooling and access to vocational training for girls and women, particularly those living in rural areas. Please also provide information on any measure taken or contemplated to combat discrimination on grounds other than sex in education and vocational training, including the results achieved. Article 3(d). Employment in the public sector. The Committee requests the Government to provide as detailed information as possible on the measures taken or contemplated to promote and guarantee equality of opportunity and treatment in the public sector, including the results achieved by these measures in terms of employment, promotion and training of women within the public service. The Government is also requested to supply all available statistical information on the numbers of men and women employed at different levels in public service and, more generally, in the public sector.Part V of the report form. Practical application and statistics. The Committee notes that in reply to its request for statistics the Government indicates that it will soon give labour inspectors the means to gather information relating to the situation of workers on the ground. The Committee requests the Government to indicate the steps taken to equip labour inspectors with the appropriate resources and to supply the statistical information thus obtained on employment in the private and public sectors, disaggregated by sex, and also any statistical information available on employment in the informal economy, in order to enable an evaluation of the effect given to the Convention in practice.
Repetition Article 1(1)(a) of the Convention. Grounds of discrimination. In its previous comments, the Committee asked the Government to amend the national legislation in order to ensure that it at least covers discrimination on the basis of all the grounds listed in the Convention, including a prohibition on any discrimination based on race or colour. While noting the Government’s statement that it faces difficulties which prevent it from revising the Constitution accordingly, the Committee wishes to draw the Government’s attention to the fact that these grounds could be included in the provisions of the Labour Code concerning discrimination (sections 6 and 7), which in their current wording cover sex, age, nationality, membership or non-membership of a trade union, trade union activity, and the origin and opinions (particularly religious and political) of the worker, or that regulations implementing the Labour Code could be adopted to also cover race and colour before any revision of the Constitution is undertaken. The Committee therefore requests the Government to take the necessary steps to adopt legislation, or revise existing legislation or expand the provisions of the Labour Code so that at least all the grounds on which discrimination is based, which are prohibited under the terms of Article 1(1)(a) of the Convention, are expressly covered by the national legislation, and to supply information on the measures adopted in this respect.Discrimination on the basis of sex. For a number of years, the Committee has been drawing the Government’s attention to the incompatibility of section 9 of Ordinance No. 006/PR/84 of April 1984 issuing regulations on trading with the provisions of the Convention and has asked the Government to take the necessary steps to repeal this provision. In view of the lack of any reply from the Government on this point, the Committee requests the Government to state whether the 1984 Ordinance is still in force and, consequently, to clarify whether a husband still has the right to object to the commercial activities of his spouse. If so, it urges the Government once again to repeal section of the Ordinance because of their discriminatory nature with regard to women.Sexual harassment. In view of the lack of information in the Government’s report on the measures taken or contemplated to combat sexual harassment in the workplace, the Committee is bound to repeat its request in this respect, referring once again to its general observation of 2002, in which it emphasizes that sexual harassment undermines equality at work by jeopardizing the integrity, dignity and well-being of workers and is harmful to enterprises by weakening the foundations of the employment relationship and reducing productivity.Article 1(1)(b). Additional grounds of discrimination. The Committee notes the adoption of Act No. 019/PR/2007 of 15 November 2007, protecting the rights of persons living with HIV and AIDS. This Act contains provisions which define the denial of access to employment for HIV-positive persons as a discriminatory act (section 22), prohibit screening for HIV in relation to obtaining employment, promotion, training or benefits (section 36), guarantee employment to any employee who is living with HIV as long as he or she is capable of working, and guarantees the offer of acceptable replacement work (section 36), and prohibit any penalty or dismissal on the basis of the worker’s HIV status (section 38). The Committee requests the Government to indicate whether the implementing decrees provided for in section 64 of the Act No. 019/PR/2007 have been adopted, particularly as regards the abovementioned provisions relating to the right to work (sections 32–41) and, if so, to provide a copy of the decrees. The Government is also requested to provide information on any measure taken or contemplated to ensure the effective implementation of these legislative provisions against discrimination towards, and stigmatization of, persons living with HIV and AIDS, for example awareness-raising campaigns on equality at work intended for workers’ and employers’ organizations, labour inspectors, magistrates and the general public. Also noting, according to the information contained in the report drawn up by the Ministry of Education in October 2008 on the development of education, that an Act on the protection of disabled persons has been adopted, the Committee requests the Government to send a copy of it to the Office and indicate the steps taken to ensure in practice the equality of opportunity and treatment in respect of employment and occupation for disabled persons.Article 2. National policy to promote equality. Access to education and vocational training. As regards education and training, on which actual possibilities of access to employment and occupation in both the public and private sectors depend, the Committee notes the adoption of Act No. 016/PR/06 of 13 March 2006 issuing guidelines for the Chadian education system, which focuses on combating the exclusion from education of groups considered the most vulnerable, namely girls living in rural areas, nomadic and lake-dwelling groups, street children, physically disabled persons, refugees and displaced persons, child domestic workers, child herders and child soldiers. The objectives of this Act include “ensuring equitable access to high-quality education for all Chadian children” and “promoting schooling for girls by removing stereotypes and other socio economic and cultural obstacles to the full development of girls and women in terms of the education process”.The Committee also notes, according to the abovementioned report on education, that incentives aimed at making school attendance more attractive to girls are provided for in the “National plan of action for education for all” and that experimental action has been taken in four pilot areas to promote schooling for girls, such as awareness raising on a large scale with regard to gender issues, grants to communities to undertake income-generating activities, waiving school fees and no age limits on school enrolment for girls, etc.Welcoming the efforts made and the desire shown by the Government to achieve greater equality in the area of education and training, the Committee hopes that the planned measures to promote equal access to education will be implemented in the near future and that the abovementioned experimental measures can be extended throughout the country in order to rectify the inequalities which exist in practice. It requests the Government to supply information on the results achieved, in the context of the various mechanisms established, with respect to schooling and access to vocational training for girls and women, particularly those living in rural areas. Please also provide information on any measure taken or contemplated to combat discrimination on grounds other than sex in education and vocational training, including the results achieved. Article 3(d). Employment in the public sector. The Committee requests the Government to provide as detailed information as possible on the measures taken or contemplated to promote and guarantee equality of opportunity and treatment in the public sector, including the results achieved by these measures in terms of employment, promotion and training of women within the public service. The Government is also requested to supply all available statistical information on the numbers of men and women employed at different levels in public service and, more generally, in the public sector.Part V of the report form. Practical application and statistics. The Committee notes that in reply to its request for statistics the Government indicates that it will soon give labour inspectors the means to gather information relating to the situation of workers on the ground. The Committee requests the Government to indicate the steps taken to equip labour inspectors with the appropriate resources and to supply the statistical information thus obtained on employment in the private and public sectors, disaggregated by sex, and also any statistical information available on employment in the informal economy, in order to enable an evaluation of the effect given to the Convention in practice.
Articles 2 and 4 of the Convention. Application of the principle by means of collective agreements. Cooperation with the social partners. The Committee notes that the Government’s report does not contain any reply to its previous comment concerning the limited nature of the principle of equal remuneration laid down in section 42 of the general collective agreement applicable to workers in the Republic of Chad. It is bound to emphasize once again that the guarantee offered to men and women workers by this collective agreement is narrower than that provided for by section 246 of the Labour Code, as it does not give full effect to the principle of equal remuneration for work of equal value, as established by Article 1 of the Convention. The Committee therefore asks the Government to clarify the practical scope of section 42 of the collective agreement concerning equal remuneration and to indicate in what manner it is ensured, in law and in practice, that men and women workers receive equal remuneration when they perform work of equal value. It also asks the Government to supply information on any measures taken to encourage the social partners to include a clause establishing the principle of equal remuneration for men and women workers for work of equal value in the abovementioned collective agreement when it is renegotiated. Finally, the Government is requested once again to send copies of the appendices to the agreement establishing professional classifications for each sector of activity, which, contrary to what was stated, were not attached to the report.
With reference to its previous comments, the Committee notes that, according to the Government, cooperation with the women’s committees of trade unions which are striving for equality in employment, vocation and remuneration is not working effectively. However, it underlines the key role that the social partners can play in the elimination of discrimination in collective agreements and in the promotion and implementation of the principle of equal remuneration for men and women for work of equal value. The Committee asks the Government to take the necessary steps to encourage the development of this cooperation, not only with trade unions and their women’s committees but also with employers’ organization, and to supply information on the actions taken in this respect and also on the results achieved. The Government is also requested to supply such detailed information as is possible on the following:
(i) specific activities which it is undertaking with regard to the employers’ organization and workers’ organizations to promote equality in employment and occupation and, in particular, the implementation of the principle of equal remuneration for men and women for work of equal value;
(ii) the initiatives taken by the High Committee for Labour and Social Security, a tripartite advisory body established pursuant to section 327 of the Labour Code, in the area of combating inequalities relating to pay;
(iii) the activities undertaken by the social partners themselves to promote a better understanding and application of the principle of equal remuneration for men and women for work of equal value and, in particular, of the concept of “work of equal value”.
Practical application of the Convention. Inspection. With reference to the Government’s statement that, in the absence of an objective complaint, it considers that there is nothing to report, the Committee is bound to recall that the absence of a reported infringement, a lodged complaint or even a court decision issued in the area of pay discrimination in no way signifies that no problems exist with regard to the practical application of the Convention. In this respect, the Committee notes the Government’s statement that it intends to enhance the conditions of work of labour inspectors in order to enable them to carry out inspections in the field. It also draws the Government’s attention to the need to take steps to raise the awareness of these major players in the area of equality regarding the need to promote the application of the principle established by the Convention and to ensure a clear understanding of the principle of “work of equal value”, and the need to use appropriate methods for objective job evaluation. The Committee hopes that the Government will equip labour inspectors in the near future with the necessary resources and tools to enable them to identify discrimination in the area of pay, provide advice on the best ways of putting an effective stop to it and, if necessary, impose penalties, and it requests the Government to provide information on the measures taken to this end, and also on the results of inspections undertaken (number of workplaces visited and numbers of men and women workers covered, infringements reported, reports drawn up, penalties imposed, etc.).
Statistics. With reference to its previous request which received no reply, the Committee again asks the Government to provide information and statistics in support of the results of the survey undertaken in 42 enterprises concerning the application of the present Convention and the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), particularly the numbers of men and women working in these enterprises, the numbers of men and women who have been promoted and trained, their levels of pay and also their respective posts. The Government is also requested to provide any recent available statistics, disaggregated by sex, relating to wages in the public and private sectors.
Article 1, paragraph 1(a), of the Convention. Grounds of discrimination. In its previous comments the Committee asked the Government to amend the national legislation in order to ensure that it at least covers discrimination on the basis of all the grounds listed in the Convention, including a prohibition on any discrimination based on race or colour. While noting the Government’s statement that it faces difficulties which prevent it from revising the Constitution accordingly, the Committee wishes to draw the Government’s attention to the fact that these grounds could be included in the provisions of the Labour Code concerning discrimination (sections 6 and 7), which in their current wording cover sex, age, nationality, membership or non-membership of a trade union, trade union activity, and the origin and opinions (particularly religious and political) of the worker, or that regulations implementing the Labour Code could be adopted to also cover race and colour before any revision of the Constitution is undertaken. The Committee therefore requests the Government to take the necessary steps to adopt legislation, or revise existing legislation or expand the provisions of the Labour Code so that at least all the grounds on which discrimination is based, which are prohibited under the terms of Article 1(1)(a) of the Convention, are expressly covered by the national legislation, and to supply information on the measures adopted in this respect.
Discrimination on the basis of sex. For a number of years the Committee has been drawing the Government’s attention to the incompatibility of section 9 of Ordinance No. 006/PR/84 of April 1984 issuing regulations on trading with the provisions of the Convention and has asked the Government to take the necessary steps to repeal this provision. In view of the lack of any reply from the Government on this point, the Committee requests the Government to state whether the 1984 Ordinance is still in force and, consequently, to clarify whether a husband still has the right to object to the commercial activities of his spouse. If so, it urges the Government once again to repeal section of the Ordinance because of their discriminatory nature with regard to women.
Sexual harassment. In view of the lack of information in the Government’s report on the measures taken or contemplated to combat sexual harassment in the workplace, the Committee is bound to repeat its request in this respect, referring once again to its general observation of 2002, in which it emphasizes that sexual harassment undermines equality at work by jeopardizing the integrity, dignity and well-being of workers and is harmful to enterprises by weakening the foundations of the employment relationship and reducing productivity.
Article 1, paragraph 1(b). Additional grounds of discrimination. The Committee notes with interest the adoption of Act No. 019/PR/2007 of 15 November 2007, protecting the rights of persons living with HIV/AIDS. This Act contains provisions which define the denial of access to employment for HIV‑positive persons as a discriminatory act (section 22), prohibit screening for HIV in relation to obtaining employment, promotion, training or benefits (section 36), guarantee employment to any employee who is living with HIV as long as he or she is capable of working, and guarantees the offer of acceptable replacement work (section 36), and prohibit any penalty or dismissal on the basis of the worker’s HIV status (section 38). The Committee requests the Government to indicate whether the implementing decrees provided for in section 64 of the Act No. 019/PR/2007 have been adopted, particularly as regards the abovementioned provisions relating to the right to work (sections 32–41) and, if so, to provide a copy of the decrees. The Government is also requested to provide information on any measure taken or contemplated to ensure the effective implementation of these legislative provisions against discrimination towards, and stigmatization of, persons living with HIV/AIDS, for example awareness-raising campaigns on equality at work intended for workers’ and employers’ organizations, labour inspectors, magistrates and the general public.
Also noting, according to the information contained in the report drawn up by the Ministry of Education in October 2008 on the development of education, that an Act on the protection of disabled persons has been adopted, the Committee requests the Government to send a copy of it to the Office and indicate the steps taken to ensure in practice the equality of opportunity and treatment in respect of employment and occupation for disabled persons.
Article 2. National policy to promote equality. Access to education and vocational training. As regards education and training, on which actual possibilities of access to employment and occupation in both the public and private sectors depend, the Committee notes with interest the adoption of Act No. 016/PR/06 of 13 March 2006 issuing guidelines for the Chadian education system, which focuses on combating the exclusion from education of groups considered the most vulnerable, namely girls living in rural areas, nomadic and lake-dwelling groups, street children, physically disabled persons, refugees and displaced persons, child domestic workers, child herders and child soldiers. The objectives of this Act include ensuring equitable access to high-quality education for all Chadian children and promoting schooling for girls by removing stereotypes and other socio-economic and cultural obstacles to the full development of girls and women in terms of the education process.
The Committee also notes, according to the abovementioned report on education, that incentives aimed at making school attendance more attractive to girls are provided for in the “National plan of action for education for all” and that experimental action has been taken in four pilot areas to promote schooling for girls, such as awareness raising on a large scale with regard to gender issues, grants to communities to undertake income-generating activities, waiving school fees and no age limits on school enrolment for girls, etc.
Welcoming the efforts made and the desire shown by the Government to achieve greater equality in the area of education and training, the Committee hopes that the planned measures to promote equal access to education will be implemented in the near future and that the abovementioned experimental measures can be extended throughout the country in order to rectify the inequalities which exist in practice. It requests the Government to supply information on the results achieved, in the context of the various mechanisms established, with respect to schooling and access to vocational training for girls and women, particularly those living in rural areas. Please also provide information on any measure taken or contemplated to combat discrimination on grounds other than sex in education and vocational training, including the results achieved.
Article 3(d). Employment in the public sector. The Committee requests the Government to provide as detailed information as possible on the measures taken or contemplated to promote and guarantee equality of opportunity and treatment in the public sector, including the results achieved by these measures in terms of employment, promotion and training of women within the public service. The Government is also requested to supply all available statistical information on the numbers of men and women employed at different levels in public service and, more generally, in the public sector.
Part V of the report form. Practical application and statistics. The Committee notes that in reply to its request for statistics the Government indicates that it will soon give labour inspectors the means to gather information relating to the situation of workers on the ground. The Committee requests the Government to indicate the steps taken to equip labour inspectors with the appropriate resources and to supply the statistical information thus obtained on employment in the private and public sectors, disaggregated by sex, and also any statistical information available on employment in the informal economy, in order to enable an evaluation of the effect given to the Convention in practice.
The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:
Articles 1 and 2 of the Convention. The Committee notes the Government’s brief report, as well as the text of the present General Collective Agreement which states in article 42 that, given equal working conditions, seniority and professional qualifications, salaries shall be equal for all workers regardless of their age, sex or status. The Committee wishes to remind the Government, however, that the principle expressed in Article 1(b) of the Convention applies not only to equal or the same work but also to work of equal value. Considering that the Labour Code guarantees the principle of equal remuneration for work of equal value in article 246, and given that collective agreements may not derogate from the guarantees granted under the Labour Code according to article 339, the Committee asks the Government to indicate whether the General Collective Agreement, in practice, ensures equal remuneration for men and women for work of equal value. The Committee also asks the Government to provide in its next report the annexes to the General Collective Agreement which determine the professional classifications for each sector of activity.
For several years now, the Committee has requested information on the Government’s study in which 42 enterprises were surveyed on the application of this Convention and the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). It recalls the Government’s indication that the findings of this survey revealed no discrimination in relation to either recruitment, promotion and training or remuneration. The Committee again asks the Government to provide the survey results in support of these findings, in particular data on the number of men and women recruited, promoted and trained, as well as their occupations and wage levels. Please also include the wage scales for the enterprises that participated in the study. More generally, the Committee hopes the Government will be in a position to gather and provide statistical information, disaggregated by sex, in accordance with its 1998 general observation on this Convention for both the public and private sectors.
Recalling the Government’s information on the “Cellule de liaison et d’information des associations féminines” (coordination unit for women’s associations), the Committee again invites the Government to provide information on its collaboration with women’s committees of trade unions and on the activities it carries out in relation to the promotion of equality in employment and occupation and, in particular, to equal remuneration for work of equal value.
Parts III, IV and V of the report form. The Committee notes the Government’s statement that it does not at present have any statistics on the reports from the inspection services. It further notes that, to date, no case dealing with the application of the principle of Convention No. 100 has ever been decided by a court of law. The Committee reminds the Government that simply because there have been no cases dealing with equal remuneration does not mean that the problem does not exist in practice. The Committee stresses, therefore, the need for information that will help it gain an appreciation of how the Convention is applied, including cases identified by the labour inspectorate or any cases lodged on matters of equal remuneration. The Committee also asks the Government to indicate what measures it is considering or putting into place to strengthen the supervision of equal remuneration for work of equal value through, for example, targeted training for labour inspectors or the greater sensitization and involvement of workers and employers in the inspection process.
The Committee recalls that, for several years, it has been raising a number of issues relating to the application of the Convention in law and in practice, seeking additional information from the Government on a number of issues. However, the Committee notes that, for the second consecutive time, the Government’s report does not reply to the Committee’s comments. The Committee urges the Government, therefore, to provide information on the all the outstanding issues as set out below.
Article 1 of the Convention. Grounds of discrimination. Article 32 of the Constitution states that no one can be discriminated against in their work on the grounds of origin, opinions, beliefs, sex or matrimonial situation, but does not include the other grounds of discrimination set out in Article 1(1)(a) of the Convention, particularly race and colour. In this regard, the Committee had already observed that the grounds of race and colour are of particular significance to promote and ensure equality of opportunity and treatment in employment and occupation in multi-ethnic societies. The Committee therefore requests the Government to amend the legislation to ensure that it addresses, as a minimum, discrimination based on all the grounds listed in the Convention, including race and colour. The Committee requests the Government to provide information on the steps taken in this regard.
Discrimination based on sex. Recalling that article 9 of Ordinance No. 006/PR/84 contains provisions granting the husband the right to object to the commercial activities of his spouse, the Committee notes that such provisions are incompatible with the Convention and urges the Government to take the necessary measures to repeal them. Recalling its 2002 general observation on sexual harassment, the Committee urges the Government to provide information on the measures taken, or envisaged, to address sexual harassment at work.
Article 2. National policy to promote equality. The Committee is concerned that the Government, for a numbers of years, has not provided any information on the measures taken to promote and ensure gender equality in employment and occupation, including equal access to education and training. The Committee therefore urges the Government to provide information on the measures taken, or envisaged, to adopted and pursue a national policy to promote and ensure equality of opportunity and treatment of men and women in employment and occupation, as well as in training and education at all levels. The Committee also urges the Government to provide information on the measures taken to address discrimination based on grounds other than sex.
Part V of the report form. Practical application and statistics. The Government previously indicated that no judicial decisions concerning the Convention had been issued and that no practical difficulties had been encountered with respect to its application. The Committee reiterates emphatically that the absence of cases brought before the courts is not necessarily an indication that discrimination does not exist in practice. It also emphasizes again the need to collect and analyse appropriate statistics. In addition, the Committee stresses that the Government, in cooperation with workers’ and employers’ organizations and other appropriate bodies, should take measures to promote awareness and understanding of the principle of equality at work, with a view to securing observance of the Convention. The Committee requests the Government to make every effort to collect and provide statistical information disaggregated by sex, national extraction and religion in employment and occupation in the private and public sectors, as well as information on the measures taken or envisaged to promote awareness and understanding of the principle of equality at work among relevant public officials, workers’ and employers’ representatives, the judiciary and the public at large.
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. Articles 1 and 2 of the Convention. The Committee notes the Government’s brief report as well as the text of the present General Collective Agreement which states in article 42 that, given equal working conditions, seniority and professional qualifications, salaries shall be equal for all workers regardless of their age, sex or status. The Committee wishes to remind the Government, however, that the principle expressed in Article 1(b) of the Convention applies not only to equal or the same work but also to work of equal value. Considering that the Labour Code guarantees the principle of equal remuneration for work of equal value in article 246, and given that collective agreements may not derogate from the guarantees granted under the Labour Code according to article 339, the Committee asks the Government to indicate whether the General Collective Agreement, in practice, ensures equal remuneration for men and women for work of equal value. The Committee also asks the Government to provide in its next report the annexes to the General Collective Agreement which determine the professional classifications for each sector of activity.
2. For several years now, the Committee has requested information on the Government’s study in which 42 enterprises were surveyed on the application of this Convention and the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). It recalls the Government’s indication that the findings of this survey revealed no discrimination in relation either to recruitment, promotion and training or remuneration. The Committee again asks the Government to provide the survey results in support of these findings, in particular data on the number of men and women recruited, promoted and trained, as well as their occupations and wage levels. Please also include the wage scales for the enterprises that participated in the study. More generally, the Committee hopes the Government will be in a position to gather and provide statistical information, disaggregated by sex, in accordance with its 1998 general observation on this Convention for both the public and private sectors.
3. Recalling the Government’s information on the coordination unit for women’s associations (“Cellule de liaison et d’information des associations féminines”), the Committee again invites the Government to provide information on its collaboration with women’s committees of trade unions and on the activities it carries out in relation to the promotion of equality in employment and occupation and, in particular, to equal remuneration for work of equal value.
4. Parts III, IV and V of the report form. The Committee notes the Government’s statement that it does not at present have any statistics on the reports from the inspection services. It further notes that to date, no case dealing with the application of the principle of Convention No. 100 has ever been decided by a court of law. The Committee reminds the Government that simply because there have been no cases dealing with equal remuneration does not mean that the problem does not exist in practice. The Committee stresses, therefore, the need for information that will help it gain an appreciation of how the Convention is applied, including cases identified by the labour inspectorate or any cases lodged on matters of equal remuneration. The Committee also asks the Government to indicate what measures it is considering or putting into place to strengthen the supervision of equal remuneration for work of equal value through, for example, targeted training for labour inspectors or the greater sensitization and involvement of workers and employers in the inspection process.
The Committee notes that the Government’s brief report does not provide adequate information in response to all the matters raised in its previous direct request. The Committee therefore hopes that the Government will make every effort to provide full information on all matters raised below in its next report.
1. Article 1(1)(a) of the Convention. Sexual harassment. The Committee notes that the Government has not yet responded in its report to the Committee’s 2002 general observation on sexual harassment. The Committee urges the Government to provide information on the measures taken and the effects of such measures to address sexual harassment.
2. National extraction. With regard to the Committee’s previous comment concerning measures against discrimination on the basis of national extraction, the Government stated in an earlier report that there is no evidence that national extraction is used to disqualify job applicants. The Committee recalls that the mere absence of reported cases of discrimination is not to be regarded as an indication of its non-existence and hopes that the Government will take the necessary measures to ensure, in law and practice, the prohibition of non-discrimination on the ground of national extraction in public and private employment and to keep the Committee informed of any progress in this regard.
3. Article 2. Policy to promote equality. The Committee notes the Government’s statement that it promotes equality of opportunity and treatment in employment and occupation through its National Employment Policy Declaration, which includes an education strategy, population policy and a policy to integrate women into development (IDF). It recalls that the IDF policy contains various objectives and measures concerning the training and employment of women and that according to the population policy, the ultimate objective in the promotion of women is the elimination of sex-based discrimination. In this regard, the Committee recalls the Government’s plan to repeal the provisions granting a husband the right to object to the commercial activities of his spouse as contained in article 9 of Ordinance No. 006/PR/84. The Committee hopes that the Government will make every effort to provide information on the measures taken or envisaged to realize the objectives of the abovementioned policies, as far as they relate to the promotion of equal access of women and girls to education, vocational training and employment, including the repeal of article 9 of Ordinance No. 006/PR/84, which is incompatible with the Convention. Reminding the Government that the national policy should address all the grounds listed in Article 1(1)(a) of the Convention, the Committee asks what measures the Government is taking to promote equal opportunity and treatment with a view to eliminating discrimination in employment and occupation on grounds other than sex.
4. Education and training. The Committee recalls Ministerial Order No. 300/MEN/DG/94 of the Ministry of National Education of 30 December 1994 which established a technical unit to promote girls’ education. According to the Government’s report, traditional attitudes that prevented girls from going to school have been changing, although the participation rate of girls at the secondary and tertiary levels of education is low. In this regard, the Committee notes from the Government’s Poverty Reduction Strategy Paper (PRSP) of June 2003, that parents continue to discriminate in favour of boys when it comes to enrolling their children in school and that most women, therefore, lack a modern education (paragraph 3.1.3.4). The Committee asks the Government to provide information in its next report on the activities of the technical unit and measures taken to improve women’s and girls’ participation in education and training at the secondary and tertiary levels. It also asks for information on the results of the measures planned under the PRSP to promote equality in access to education and on the progress made towards reducing the enrolment gap between boys and girls by 15 per cent.
5. The Government is asked to continue to provide detailed information on the activities of the body related to equality in employment and occupation, for women’s associations (Cellule de liaison et d’information des associations féminines), in particular its collaboration with women’s committees of trade unions.
The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:
1. The Committee notes the Government’s report, but regrets that it does not adequately reply to the matters raised in its previous observation. The Committee, therefore, hopes that the Government will make every effort to provide full information on all the matters raised below in its next report.
2. Article 1(1)(a) of the Convention. Definition of discrimination. The Committee once again refers to its previous comment concerning article 32 of the Constitution, which states that no one can be discriminated against in their work on the grounds of origin, opinions, beliefs, sex or matrimonial situation, but does not include the other grounds of discrimination set out in Article 1(1)(a) of the Convention, particularly race and colour. The Committee notes the statement of the Government that race and colour were never criteria for discrimination in Chad and that the legislator therefore simply omitted these terms in the Constitution. While stressing the equal importance of all grounds listed in the Convention, the Committee observes that the grounds of race and colour are of particular significance to promote and ensure equality of opportunity and treatment in employment and occupation in multi-ethnic societies. The Committee hopes that the Government will consider amending article 32 of the Constitution or adopting legislation so as to bring it fully into line with the Convention. Noting from the report that the regulations enforcing the Labour Code will take into account the grounds of race and colour, the Committee requests the Government to provide information on the progress made in this respect and to provide a copy of these regulations as soon as they are adopted.
3. Part V of the report form. Practical application and statistics. The Committee notes from the Government’s report that it has not recorded any instances of discrimination in legislation, administrative practice or in relations between persons or groups of persons. It also notes that there are no judicial decisions relevant to the Convention and that no practical difficulties have been encountered with respect to its application. The Committee reminds the Government that the absence of cases is not necessarily an indication that discrimination does not exist in practice. It also emphasises in this context that the collection of relevant data is important for both the Government and the Committee to evaluate the progress made in the application of the principle of the Convention. Noting that the National Office for the Promotion of Employment does not have statistics at its disposal regarding the application of the Convention, the Committee hopes the Government will make every effort to include information in its next report such as statistical data disaggregated by sex, race, ethnicity and religion in employment and occupation in the private and public sectors, along with any other information that may enable the Committee to assess how the provisions of the Convention are applied in practice.
The Committee hopes that the Government will make every effort to take the necessary action in the very near future.
The Committee is raising other matters in a request addressed directly to the Government.
3. Recalling the Government’s information on the coordination unit for women’s associations (Cellule de liaison et d’information des associations féminines”), the Committee again invites the Government to provide information on its collaboration with women’s committees of trade unions and on the activities it carries out in relation to the promotion of equality in employment and occupation and, in particular, to equal remuneration 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 as follows:
1. Article 1(1)(a) of the Convention. Sexual harassment. The Committee notes that the Government has not responded in its report to the Committee’s general observation of 2002 on sexual harassment. The Committee urges the Government to provide information on the measures taken and the effects of such measures to address sexual harassment.
2. Article 2 of the Convention. Policy to promote equality. In the absence of adequate information in the Government’s report, the Committee repeats, in relevant parts, the matters raised in its previous direct request, which read as follows:
1. The Committee notes that according to the policy on population, promulgated on 22 July 1994, and Act No. 19/PR/95 of 4 September 1995, the ultimate objective of the promotion of women is the elimination of all forms of discrimination against women, which are obstacles to their integration into the development process. The Committee also notes that the Government attributes importance to information activities to change traditional attitudes regarding the status of women and to promoting the awareness among women of their rights. The policy also promotes the better adaptation of education and training to the employment needs in the private and public sector. The Committee notes that the IDF policy contains various objectives and measures concerning training and employment of women, including the extension of women’s economic activities in non-traditional areas, the creation of vocational training centres for girls, stipends for female students in technical areas, and support for the creation of small enterprises. In respect of the latter, the Committee notes that the Government planned to repeal the provisions stipulating a right of the husband to object to commercial activities of the spouse contained in article 9 of Ordinance No. 006/PR/84. The Committee hopes that the Government will make every effort to provide information on the measures taken or envisaged to realize the objectives of the abovementioned policies, as far as they relate to the promotion of equal access of women and girls to education, vocational training and employment, including on the repeal of article 9 of Ordinance No. 006/PR/84, which is incompatible with the Convention. The Committee further reiterates its request to the Government to provide information on the activities in respect of promoting access of women to employment of the national IDF committee and IDF focal points, to which the Government has referred previously.
2. The Committee notes Ministerial Order No. 300/MEN/DG/94 of the Ministry of National Education of 30 December 1994 which establishes the technical unit to promote girls’ education (CTPSF) under the responsibility of the Director-General of the Ministry. The Committee notes that the unit’s mandate includes giving advice to the Director-General and coordinating activities of the different actors involved in the education of girls, and to develop measures to increase the participation of girls in education. According to the report, traditional attitudes that prevented girls from going to school have been changed in the areas covered. The Committee notes with interest that, while overall participation in primary school increased from 1995 to 1998, the gap between boys and girls decreased. The Committee also notes the low participation of girls at the secondary and tertiary level. The Committee requests the Government to continue to provide similar information in its next report, in particular on the activities of the technical cell and measures taken to improve women’s and girls’ participation in education and training at the secondary and tertiary levels.
3. The Government is asked to continue to provide detailed information on the activities of the unit related to equality in employment and occupation, for women’s associations (Cellule de liaison et d’information des associations féminines), in particular its collaboration with women’s committees of trade unions.
4. With regard to its previous comment concerning measures against discrimination on the basis of national extraction, the Committee understands from the report that, according to the Government, there is no evidence that national extraction is used to disqualify job applicants. The Committee recalls that the mere absence of reported cases of discrimination is not to be regarded as indication as to its non-existence and hopes that the Government will take the necessary measures to ensure, in law and practice, the prohibition of non-discrimination on the ground of national extraction in public and private employment and to keep the Committee informed thereof.
1. The Committee notes Act No. 25/PR/94 of 22 July 1994 adopting a population policy declaration and Act No. 19/PR/95 of 4 September 1995, which declares a policy to integrate women in development (IDF). The Committee notes that the policy on population has the objective of eliminating all forms of discrimination against women, which hinder their integration into the development process. This policy promotes awareness raising of women’s rights as well as adapting education and training to employment needs in the private and public sectors. The Committee notes that the IDF policy includes objectives and measures regarding training and employment of women. The Committee asks the Government to provide information on the measures taken or contemplated under these two policies and the results obtained with regard to improving women’s position in the labour market and guaranteeing equal remuneration for work of equal value.
2. The Committee notes the report on the survey on the application of Conventions Nos. 111 and 100 in 42 enterprises. It notes that the study found no discrimination in the surveyed enterprises in relation either to recruitment, promotion and training or to remuneration. The Committee would be grateful if the Government could provide statistical data in support of these findings, in particular data on the number of men and women recruited, promoted and trained, as well as their occupations and wage levels, so that the findings can be evaluated. Moreover, noting the study’s indication that in 98 per cent of the surveyed enterprises wages are determined through the wage scale established on the basis of professional categories contained in the General Collective Agreement and its annexes, the Committee asks the Government to provide the wage scale and the Agreement. It also invites the Government, in so far as possible, to collect and provide statistical information, disaggregated by sex, also on employment in accordance with its 1998 general observation on this Convention.
3. The Committee notes the Ministerial Order No. 300/MEN/DG/94 of the Ministry of National Education of 30 December 1994, which establishes the technical unit to promote girls’ education under the responsibility of the Director-General of the Ministry. It notes that traditional attitudes which prevented girls from going to school have changed in the areas covered and that in primary school the gap between boys and girls decreased, while at secondary and tertiary levels the presence of female students remained low. The Committee encourages the Government to continue supplying information on education and relevant promotional measures.
4. The Committee also notes the information on the coordination unit for women’s associations ("Cellule de Liaison et d’Information des Associations Feminines") and invites the Government to provide information on its collaboration with women’s committees of trade unions and on the activities it carries out in relation to the promotion of equality in employment and occupation and, in particular, to equal remuneration for work of equal value.
The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:
1. Article 1(1)(a) of the Convention. Definition of discrimination. The Committee once again refers to its previous comment concerning article 32 of the Constitution, which states that no one can be discriminated against in their work on the grounds of origin, opinions, beliefs, sex or matrimonial situation, but does not include other grounds of discrimination set out in Article 1(1)(a) of the Convention, particularly race and colour. The Committee notes the statement of the Government that race and colour were never criteria for discrimination in Chad and that the legislator therefore simply omitted these terms in the Constitution. While stressing the equal importance of all grounds listed in the Convention, the Committee observes that the grounds of race and colour are of particular significance to promote and ensure equality of opportunity and treatment in employment and occupation in multi-ethnic societies. The Committee hopes that the Government will consider amending article 32 of the Constitution or adopting legislation so as to bring it fully into line with the Convention. Noting from the report that the regulations enforcing the Labour Code will take into account the grounds of race and colour, the Committee requests the Government to provide information on the progress made in this respect and to provide a copy of these regulations as soon as adopted.
2. Part V of the report form. Practical application. The Committee notes from the Government’s brief report that equality of treatment is recognized in Chad, that women are not discriminated against and are entering employment in both the private and public sectors, and as members of Government and Parliament. The report however contains no information on concrete measures taken to facilitate women’s access to public and private employment nor data on the employment situation of women. Both these issues have been raised in earlier comments by the Committee following the communication from the Trade Union Confederation of Chad (CST) of 27 June 1997 alleging non-application by Chad of the principles of equality in employment and occupation for women workers. The Committee stresses once again that, in addition to legislative and policy measures, the Convention requires the Government to pursue a national policy for the promotion of equal opportunity and treatment in employment and occupation through positive measures with a view to eliminating discrimination on the grounds contained in the Convention and promoting equality. In connection with this it continues to encourage the Government to provide adequate resources to those structures responsible for implementing such policy. The Committee reiterates its request for information on the measures taken to promote equal access of women to training and employment in the private and public sectors and the results of such action, as well as data on labour force participation of men and women, as is called for under the population policy declaration, and the policy to integrate women into development.
The Committee is raising certain other points in a request addressed directly to the Government.
The Committee notes that the Government’s report does not contain a reply to its previous comments. It must therefore repeat its previous direct request which read as follows:
1. The Committee notes Act No. 25/PR/94 of 22 July 1994 adopting a population policy declaration and Act No. 19/PR/95 of 4 September 1995, which declares a policy to integrate women in development (IDF). The Committee notes that the policy on population has the objective of eliminating all forms of discrimination against women, which hinder their integration into the development process. This policy promotes awareness raising of women’s rights as well as adapting education and training to employment needs in the private and public sectors. The Committee notes that the IDF policy includes objectives and measures regarding training and employment of women. The Committee asks the Government to provide information on the measures taken or contemplated under these two policies and the results obtained with regard to improving women’s position in the labour market and guaranteeing equal remuneration for work of equal value. 2. The Committee notes the report on the survey on the application of Conventions Nos. 111 and 100 in 42 enterprises. It notes that the study found no discrimination in the surveyed enterprises in relation either to recruitment, promotion and training or to remuneration. The Committee would be grateful if the Government could provide statistical data in support of these findings, in particular data on the number of men and women recruited, promoted and trained, as well as their occupations and wage levels, so that the findings can be evaluated. Moreover, noting the study’s indication that in 98 per cent of the surveyed enterprises wages are determined through the wage scale established on the basis of professional categories contained in the General Collective Agreement and its annexes, the Committee asks the Government to provide the wage scale and the Agreement. It also invites the Government, in so far as possible, to collect and provide statistical information, disaggregated by sex, also on employment in accordance with its 1998 general observation on this Convention. 3. The Committee notes the Ministerial Order No. 300/MEN/DG/94 of the Ministry of National Education of 30 December 1994, which establishes the technical unit to promote girls’ education under the responsibility of the Director-General of the Ministry. It notes that traditional attitudes which prevented girls from going to school have changed in the areas covered and that in primary school the gap between boys and girls decreased, while at secondary and tertiary levels the presence of female students remained low. The Committee encourages the Government to continue supplying information on education and relevant promotional measures. 4. The Committee also notes the information on the coordination unit for women’s associations ("Cellule de Liaison et d’Information des Associations Feminines") and invites the Government to provide information on its collaboration with women’s committees of trade unions and on the activities it carries out in relation to the promotion of equality in employment and occupation and, in particular, to equal remuneration for work of equal value.
Further to its observation on the application of the Convention, the Committee draws the Government’s attention to the following points. 1. The Committee thanks the Government for transmitting copies of Act No. 25/PR/94 adopting a population policy declaration, promulgated on 22 July 1994, and Act No. 19/PR/95 of 4 September 1995 which declares a policy to integrate women into development (IDF). The Committee notes that according to the policy on population, the ultimate objective of the promotion of women is the elimination of all forms of discrimination against women, which are obstacles to their integration into the development process. The Committee also notes that the Government attributes importance to information activities to change traditional attitudes regarding the status of women and to promoting the awareness among women of their rights. The policy also promotes the better adaptation of education and training to the employment needs in the private and public sector. The Committee notes that the IDF policy contains various objectives and measures concerning training and employment of women, including the extension of women’s economic activities in non-traditional areas, the creation of vocational training centres for girls, stipends for female students in technical areas, and support for the creation of small enterprises. In respect of the latter, the Committee notes that the Government planned to repeal the provisions stipulating a right of the husband to object to commercial activities of the spouse contained in article 9 of Ordinance No. 006/PR/84. The Committee hopes that the Government will make every effort to provide information on the measures taken or envisaged to realize the objectives of the abovementioned policies, as far as they relate to the promotion of equal access of women and girls to education, vocational training and employment, including on the repeal of article 9 of Ordinance No. 006/PR/84, which is incompatible with the Convention. The Committee further reiterates its request to the Government to provide information on the activities in respect of promoting access of women to employment of the national IDF committee and IDF focal points, to which the Government has referred previously. 2. The Committee notes Ministerial Order No. 300/MEN/DG/94 of the Ministry of National Education of 30 December 1994 which establishes the technical unit to promote girls’ education (CTPSF) under the responsibility of the Director-General of the Ministry. The Committee notes that the unit’s mandate includes giving advice to the Director-General and coordinating activities of the different actors involved in the education of girls, and to develop measures to increase the participation of girls in education. According to the report, traditional attitudes that prevented girls from going to school have been changed in the areas covered. The Committee notes with interest that, while overall participation in primary school increased from 1995 to 1998, the gap between boys and girls decreased. The Committee also notes the low participation of girls at the secondary and tertiary level. The Committee requests the Government to continue to provide similar information in its next report, in particular on the activities of the technical cell and measures taken to improve women’s and girls’ participation in education and training at the secondary and tertiary level. 3. The Committee notes the information provided on the coordination unit for women’s associations ("Cellule de liaison et d’information des associations féminines"). The Government is asked to continue to provide detailed information on the activities of the unit related to equality in employment and occupation, in particular its collaboration with women’s committees of trade unions. 4. With regard to its previous comment concerning measures against discrimination on the basis of national extraction, the Committee understands from the report that, according to the Government, there is no evidence that national extraction is used to disqualify job applicants. The Committee recalls that the mere absence of reported cases of discrimination is not to be regarded as indication as to its non-existence and hopes that the Government will take the necessary measures to ensure, in law and practice, the prohibition of non-discrimination on the ground of national extraction in public and private employment and to keep the Committee informed thereof.
Further to its observation on the application of the Convention, the Committee draws the Government’s attention to the following points.
1. The Committee thanks the Government for transmitting copies of Act No. 25/PR/94 adopting a population policy declaration, promulgated on 22 July 1994, and Act No. 19/PR/95 of 4 September 1995 which declares a policy to integrate women into development (IDF). The Committee notes that according to the policy on population, the ultimate objective of the promotion of women is the elimination of all forms of discrimination against women, which are obstacles to their integration into the development process. The Committee also notes that the Government attributes importance to information activities to change traditional attitudes regarding the status of women and to promoting the awareness among women of their rights. The policy also promotes the better adaptation of education and training to the employment needs in the private and public sector. The Committee notes that the IDF policy contains various objectives and measures concerning training and employment of women, including the extension of women’s economic activities in non-traditional areas, the creation of vocational training centres for girls, stipends for female students in technical areas, and support for the creation of small enterprises. In respect of the latter, the Committee notes that the Government planned to repeal the provisions stipulating a right of the husband to object to commercial activities of the spouse contained in article 9 of Ordinance No. 006/PR/84. The Committee hopes that the Government will make every effort to provide information on the measures taken or envisaged to realize the objectives of the abovementioned policies, as far as they relate to the promotion of equal access of women and girls to education, vocational training and employment, including on the repeal of article 9 of Ordinance No. 006/PR/84, which is incompatible with the Convention. The Committee further reiterates its request to the Government to provide information on the activities in respect of promoting access of women to employment of the national IDF committee and IDF focal points, to which the Government has referred previously.
2. The Committee notes Ministerial Order No. 300/MEN/DG/94 of the Ministry of National Education of 30 December 1994 which establishes the technical unit to promote girls’ education (CTPSF) under the responsibility of the Director-General of the Ministry. The Committee notes that the unit’s mandate includes giving advice to the Director-General and coordinating activities of the different actors involved in the education of girls, and to develop measures to increase the participation of girls in education. According to the report, traditional attitudes that prevented girls from going to school have been changed in the areas covered. The Committee notes with interest that, while overall participation in primary school increased from 1995 to 1998, the gap between boys and girls decreased. The Committee also notes the low participation of girls at the secondary and tertiary level. The Committee requests the Government to continue to provide similar information in its next report, in particular on the activities of the technical cell and measures taken to improve women’s and girls’ participation in education and training at the secondary and tertiary level.
3. The Committee notes the information provided on the coordination unit for women’s associations ("Cellule de liaison et d’information des associations féminines"). The Government is asked to continue to provide detailed information on the activities of the unit related to equality in employment and occupation, in particular its collaboration with women’s committees of trade unions.
1. The Committee recalls the communication from the Trade Union Confederation of Chad (CST) of 27 June 1997 alleging non-application by Chad of the principles of equality in employment and occupation for women workers. According to CST, the Government had taken no concrete measures to facilitate access of women to public and private employment, despite the several provisions in the 1996 Constitution aiming at the elimination of all forms of discrimination against women. The CST further referred to the technical shortcomings of the ministerial departments responsible for the promotion of women and the need for data collection and comparative research on the employment situation of women. The Committee notes the Government’s reply indicating that the application of the Convention is guaranteed by the Constitution. The Government also states that there is a general lack of means to equip ministerial departments adequately, hence the Ministry responsible for the promotion of women is not the only body affected. The Government believes that the collection of data is only a partial solution as regards the application of the Convention and that poverty remains a major obstacle. 2. The Committee recalls that the existence of constitutional protection in respect of the principles of the Convention is, in itself, not sufficient to constitute a national policy for the promotion of equal opportunity and treatment in employment and occupation, as required under Articles 2 and 3 of the Convention. Noting that article 13 of the Constitution provides for equal rights and duties of men and women and that article 14 establishes equality before the law without distinction and the explicit obligation of the State to watch over the elimination of all forms of discrimination against women and to protect their rights in all spheres of private and public life, the Committee stresses again that the Convention, in addition to legislative measures, requires the Government to pursue the national policy through positive measures with a view to eliminating discrimination on the grounds contained in the Convention and to promoting equality. Noting that the Government has in fact adopted policies and objectives regarding the situation of women, including through Act No. 19/PR/95 of 4 September 1995 declaring a policy on the integration of women into development, the Committee asks the Government to provide information on the implementation of the various measures to promote equal access of women to training and employment in the private and public sector. The Committee shares the Government’s view that the collection of statistical data is not an end in itself, but rather part of an effective policy to promote women’s equality in employment, and allows for the taking of targeted action. Noting that the Government has provided information on the participation of women and girls in education, the Committee encourages the Government to make every effort to provide also statistical information on the distribution of men and women in employment in the private and public sector. The Committee also encourages the Government to continue to make all possible efforts to allocate adequate resources to the institutions and structures responsible for promoting women’s equal education and employment, having in mind that the empowerment of women is fundamental to the development of society as a whole. 3. The Committee refers to its previous comment concerning article 32 of the Constitution, which states that no one can be discriminated against in their work on the grounds of origin, opinions, beliefs, sex or matrimonial situation, but does not include other grounds of discrimination set out in Article 1(1)(a) of the Convention, particularly race and colour. The Committee notes the statement of the Government that race and colour never were criteria for discrimination in Chad and that the legislator therefore simply omitted these terms in the Constitution. While stressing the equal importance of all grounds listed in the Convention, the Committee observes that the grounds of race and colour are of particular significance to promote and ensure equality of opportunity and treatment in employment and occupation in multi-ethnic societies. Recalling once again paragraph 58 of the Committee’s General Survey of 1988 on equality in employment and occupation, where it stated that where provisions are adopted in order to give effect to the principles of the Convention they should include all the grounds of discrimination laid down in the Convention, the Committee hopes that the Government will consider amending article 32 of the Constitution or adopting legislation so as to bring it fully in line with the Convention. Noting from the report that the regulations enforcing the Labour Code will take into account the grounds of race and colour, the Committee requests the Government to provide information on the progress made in this respect and to provide a copy of these regulations as soon as adopted.
1. The Committee recalls the communication from the Trade Union Confederation of Chad (CST) of 27 June 1997 alleging non-application by Chad of the principles of equality in employment and occupation for women workers. According to CST, the Government had taken no concrete measures to facilitate access of women to public and private employment, despite the several provisions in the 1996 Constitution aiming at the elimination of all forms of discrimination against women. The CST further referred to the technical shortcomings of the ministerial departments responsible for the promotion of women and the need for data collection and comparative research on the employment situation of women. The Committee notes the Government’s reply indicating that the application of the Convention is guaranteed by the Constitution. The Government also states that there is a general lack of means to equip ministerial departments adequately, hence the Ministry responsible for the promotion of women is not the only body affected. The Government believes that the collection of data is only a partial solution as regards the application of the Convention and that poverty remains a major obstacle.
2. The Committee recalls that the existence of constitutional protection in respect of the principles of the Convention is, in itself, not sufficient to constitute a national policy for the promotion of equal opportunity and treatment in employment and occupation, as required under Articles 2 and 3 of the Convention. Noting that article 13 of the Constitution provides for equal rights and duties of men and women and that article 14 establishes equality before the law without distinction and the explicit obligation of the State to watch over the elimination of all forms of discrimination against women and to protect their rights in all spheres of private and public life, the Committee stresses again that the Convention, in addition to legislative measures, requires the Government to pursue the national policy through positive measures with a view to eliminating discrimination on the grounds contained in the Convention and to promoting equality. Noting that the Government has in fact adopted policies and objectives regarding the situation of women, including through Act No. 19/PR/95 of 4 September 1995 declaring a policy on the integration of women into development, the Committee asks the Government to provide information on the implementation of the various measures to promote equal access of women to training and employment in the private and public sector. The Committee shares the Government’s view that the collection of statistical data is not an end in itself, but rather part of an effective policy to promote women’s equality in employment, and allows for the taking of targeted action. Noting that the Government has provided information on the participation of women and girls in education, the Committee encourages the Government to make every effort to provide also statistical information on the distribution of men and women in employment in the private and public sector. The Committee also encourages the Government to continue to make all possible efforts to allocate adequate resources to the institutions and structures responsible for promoting women’s equal education and employment, having in mind that the empowerment of women is fundamental to the development of society as a whole.
3. The Committee refers to its previous comment concerning article 32 of the Constitution, which states that no one can be discriminated against in their work on the grounds of origin, opinions, beliefs, sex or matrimonial situation, but does not include other grounds of discrimination set out in Article 1(1)(a) of the Convention, particularly race and colour. The Committee notes the statement of the Government that race and colour never were criteria for discrimination in Chad and that the legislator therefore simply omitted these terms in the Constitution. While stressing the equal importance of all grounds listed in the Convention, the Committee observes that the grounds of race and colour are of particular significance to promote and ensure equality of opportunity and treatment in employment and occupation in multi-ethnic societies. Recalling once again paragraph 58 of the Committee’s General Survey of 1988 on equality in employment and occupation, where it stated that where provisions are adopted in order to give effect to the principles of the Convention they should include all the grounds of discrimination laid down in the Convention, the Committee hopes that the Government will consider amending article 32 of the Constitution or adopting legislation so as to bring it fully in line with the Convention. Noting from the report that the regulations enforcing the Labour Code will take into account the grounds of race and colour, the Committee requests the Government to provide information on the progress made in this respect and to provide a copy of these regulations as soon as adopted.
In addition, the Committee is addressing a request directly to the Government on other questions.
The Committee notes the Government’s report and the attached documentation.
4. With regard to its previous comment concerning measures against discrimination on the basis of national extraction, the Committee understands from the report that, according to the Government, there is no evidence that national extraction is used to disqualify job applicants. The Committee recalls that the mere absence of reported cases of discrimination is not to be regarded as indication as to its non-existence and hopes that the Government will take the necessary measures to ensure, in law and practice, the prohibition of non discrimination on the ground of national extraction in public and private employment and to keep the Committee informed thereof.
The Committee notes the Government’s report and the documentation attached.
The Committee notes that the Government's report contains no reply to its previous comments. It hopes that the next report will contain full information on the points raised in the Committee's earlier direct request, which read as follows:
[...]
1. The Committee notes the Government's report replying to its previous direct request. It notes that a policy to integrate women into development has just been adopted and that two focal points have been set up within the ministerial departments concerned to conduct studies on the situation of the women employed by these ministries. The Committee would be grateful if the Government would provide details of the content of its policy on equal remuneration for men and women for work of equal value, which is the principle laid down by Article 1, paragraph 1, of the Convention.
2. The Committee notes that ad hoc surveys carried out in two companies employing a large number of women showed that women have the same rights and benefits as men. The Committee would be grateful if the Government would provide a copy of the conclusions of these surveys with its next report, particularly as they concern remuneration within the meaning of Article 1(a) of the Convention.
The Committee notes the Government's report for the period ending 31 May 1997.
1. The Committee notes from this report that Act No. 25/PR/94 adopting the policy declaration of the population of Chad was promulgated on 22 July 1994 and that, among other matters, it recommends reinforcing the capacities of the women of Chad to fully exercise their rights, to increase their participation in the development process and to upgrade their social status. It also notes that under this Act, on 4 September 1995, the Government adopted Act No. 19/PR/95, which contains a declaration of a policy to integrate women into development (IFD). It requests the Government to provide a copy of these two texts. Noting also the creation in 1995 of IFD focal points at departmental level, as well as a national IFD committee placed under the auspices of the Minister for Women, it requests the Government to provide it with information on the activities of these bodies as regards the promotion of women's access to employment. It also requests information on the "Support for the protection of women" project which comes under IFD policy, as well as a copy of the "Objective list of the needs of the women of Chad", undertaken as part of this project. In addition, it asks the Government to supply a copy of the national report on the condition of women, which was not annexed to the last report.
2. The Committee notes the creation, by a Ministerial Order of 1994, of a technical cell to promote girls' education. The Government also indicates that the school attendance rate has risen slightly since the establishment of this body. The Committee would be grateful if the Government would provide it with a copy of the Ministerial Order of 1994 mentioned above, as well as statistical data on the attendance rates of girls and boys at different educational levels, since the creation in 1994 of the cell to promote girls' education.
3. The Committee notes that a coordination unit for women's associations has been established under the Minister responsible for the promotion of women, working in collaboration with the women's committees from central trade unions. It notes the Government's statement that the State shall make its advice and experience available during the workers' education and training programmes. The Committee requests the Government to submit information regarding the activities undertaken by the coordinating unit mentioned above, in collaboration with the trade unions, as regards promotion of the principle of equality in employment.
4. The Committee asks the Government to indicate the measures implemented or envisaged, in law and in practice, to ensure the prohibition of discrimination on the basis of national extraction, both in public and private employment.
The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:
1. The Committee notes the communication from the Trade Union Confederation of Chad (CST) of 27 June 1997 alleging non-application by Chad of the principle of equality in employment and occupation for women workers. The CST notes that the new Constitution was adopted by referendum on 31 March 1996 and that several of its provisions aim at the elimination of all forms of discrimination against women. Nevertheless, it notes that the Government has taken no concrete measures to facilitate access of women to public and private employment. The CST proposes that the ILO should provide the Government with urgent technical assistance in order to remedy the technical shortcomings, particularly the lack of material facilities in the ministerial department responsible for the promotion of women, and to enable it to collect statistics and carry out comparative research on the employment situation of women. 2. The Committee notes that the CST's observations were sent to the Government for comment. It hopes that the Government's report will arrive soon and that it will contain full information on the various points raised by the CST as well as detailed information on the implementation of the new Constitution. On this latter point, the Committee notes that article 32 of the Constitution states that no one can be discriminated against in their work on the grounds of their origin, opinions, beliefs, sex or matrimonial situation but does not seem to include the other grounds of discrimination set out in Article 1, paragraph 1(a), of the Convention, namely race and colour. 3. In this regard, the Committee draws the Government's attention to paragraph 58 of its 1988 General Survey on equality in employment and occupation which states that where provisions are adopted in order to give effect to the principle contained in the Convention they should include all the grounds of discrimination laid down in Article 1, paragraph 1(a). The Committee hopes that the Government's next report will provide details on the manner in which protection against discrimination on the grounds of race and colour is provided under the national policy on equality in employment. (...)
The Committee notes that the Government's report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:
The Committee notes with interest the adoption, by Act No. 038/PR/96 of 11 December 1996, of a new Labour Code, sections 246 and 247 of which set out the principle of equal remuneration in accordance with the Convention. Under the terms of section 246 of the Labour Code, "all employers are bound to ensure, for the same work or for work of equal value, equal remuneration for employees, irrespective of their origin, nationality, sex and age, under the conditions provided for in the present Title" and a definition is provided of remuneration in terms which are identical to those of Article 1(a) of the Convention. Section 247 states that the various components of remuneration must be established according to identical standards for men and for women, that professional categories and classifications and the criteria for promotion must be common to workers of both sexes, and that methods for the evaluation of jobs must be based on objective and identical criteria, based essentially on the nature of the work involved in the jobs. This provision is in accordance with Article 3, paragraph 1, of the Convention.
The Committee is addressing a request directly to the Government on other matters.
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 points raised in its previous direct request, which was worded as follows:
1. In regard to employment and training for women, the Committee notes that the Government does not supply the detailed information which has been requested for several years but restricts itself to repeating its previous indications regarding the absence of specific measures in favour of women and the encouragement of access to vocational training and employment for all candidates without distinction as to sex. The Committee calls the Government's attention to paragraphs 15, 157 and 170 of its 1988 General Survey on equality in employment and occupation, in which it stresses the positive measures which must be taken in execution of the national policy stipulated in Articles 2 and 3 of the Convention, and the need to supply details of the action undertaken and results obtained. The Committee therefore reiterates the hope that the Government will indicate in its next report the positive measures taken or envisaged to increase registration of girls in vocational training and university programmes and the results obtained, illustrated by statistics on the percentage of girls and young women -- as compared with boys and young men -- who are taking part in these programmes. Please also supply information on the positive measures taken to facilitate access of women to public and private employment and on the progress made, with statistics on the number of women as compared with men, employed in various sectors and branches of activity at different levels, including levels of responsibility. The ILO is prepared to consider any request for technical assistance in this sphere that the Government may make.
2. The Committee would also like to receive information on activities connected with the promotion of equality of opportunity and treatment in respect of employment and training, carried out by or with the cooperation of the ministerial department responsible for the promotion of women, and in particular a copy of the national report on the situation of women in Chad which was presented at the Fourth World Conference on Women held in Beijing in September 1995.
3. The Committee notes that the Government reiterates its previous indication that organizations of employers and workers have been made aware of the principle of non-discrimination through the advice given by labour inspectors. The Committee notes, however, that the Government has not replied to its previous question on manifestations of this change of attitude by those organizations. The Committee therefore requests the Government once again to supply with its next report full information on the forms taken by cooperation with the organizations of employers and workers in both preparation and monitoring of application of the measures adopted in the framework of the national policy referred to in Article 2 of the Convention and in application of the principles of the Convention in the workplace at the level of the branch of the activity and the enterprise.
1. The Committee notes the communication from the Trade Union Confederation of Chad (CST) of 27 June 1997 alleging non-application by Chad of the principle of equality in employment and occupation for women workers. The CST notes that the new Constitution was adopted by referendum on 31 March 1996 and that several of its provisions aim at the elimination of all forms of discrimination against women. Nevertheless, it notes that the Government has taken no concrete measures to facilitate access of women to public and private employment. The CST proposes that the ILO should provide the Government with urgent technical assistance in order to remedy the technical shortcomings, particularly the lack of material facilities in the ministerial department responsible for the promotion of women, and to enable it to collect statistics and carry out comparative research on the employment situation of women.
2. The Committee notes that the CST's observations were sent to the Government for comment. It hopes that the Government's report will arrive soon and that it will contain full information on the various points raised by the CST as well as detailed information on the implementation of the new Constitution. On this latter point, the Committee notes that article 32 of the Constitution states that no one can be discriminated against in their work on the grounds of their origin, opinions, beliefs, sex or matrimonial situation but does not seem to include the other grounds of discrimination set out in Article 1, paragraph 1(a), of the Convention, namely race and colour.
3. In this regard, the Committee draws the Government's attention to paragraph 58 of its 1988 General Survey on equality in employment and occupation which states that where provisions are adopted in order to give effect to the principle contained in the Convention they should include all the grounds of discrimination laid down in Article 1, paragraph 1(a). The Committee hopes that the Government's next report will provide details on the manner in which protection against discrimination on the grounds of race and colour is provided under the national policy on equality in employment.
4. The Committee is addressing a direct request to the Government on other matters.
Referring to its previous comments, the Committee notes the information of a general nature communicated by the Government in its brief report.
1. Referring to its previous comments, the Committee notes that the draft new Constitution has been studied by the Government and transmitted to the provisional Parliament for adoption and that it will send the text subsequently to the Committee. The Committee reiterates its hope that the final text will contain provisions promoting the principle of equality in respect of employment and occupation as laid down in the Convention.
2. In regard to employment and training for women, the Committee notes that the Government does not supply the detailed information which has been requested for several years but restricts itself to repeating its previous indications regarding the absence of specific measures in favour of women and the encouragement of access to vocational training and employment for all candidates without distinction as to sex. The Committee calls the Government's attention to paragraphs 15, 157 and 170 of its 1988 General Survey on equality in employment and occupation, in which it stresses the positive measures which must be taken in execution of the national policy stipulated in Articles 2 and 3 of the Convention, and on the need to supply details of the action undertaken and results obtained. The Committee therefore reiterates the hope that the Government will indicate in its next report the positive measures taken or envisaged to increase registration of girls in vocational training and university programmes and the results obtained, illustrated by statistics on the percentage of girls and young women - as compared with boys and men - who are taking part in these programmes. Please also supply information on the positive measures taken to facilitate access of women to public and private employment and on the progress made, with statistics on the number of women as compared with men, employed in various sectors and branches of activity at different levels, including levels of responsibility. The ILO is prepared to consider any request for technical assistance in this sphere that the Government may make.
3. The Committee would also like to receive information on activities connected with the promotion of equality of opportunity and treatment in respect of employment and training, carried out by or with the cooperation of the ministerial department responsible for the promotion of women, and in particular, a copy of the national report on the situation of women in Chad which was presented at the Fourth World Conference on Women held in Beijing in September 1995.
4. The Committee notes that the Government reiterates its previous indication that organizations of employers and workers have been made aware of the principle of non-discrimination through the advice given by labour inspectors. The Committee notes, however, that the Government has not replied to its previous question on manifestations of this change of attitude by those organizations. The Committee therefore requests the Government once again to supply with its next report full information on the forms taken by cooperation with the organizations of employers and workers in both preparation and monitoring of application of the measures adopted in the framework of the national policy referred to in Article 2 of the Convention and in application of the principles of the Convention in the workplace at the level of the branch of the activity and the enterprise.
The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
1. The Committee notes the Government's statement that the labour inspection services have not recorded any complaints from women workers concerning discrimination in remuneration. It asks the Government to continue to supply in its future reports information on measures taken to ensure supervision of the application of the provisions of the Labour Code (section 141) that concern equal remuneration and the provisions of the General Collective Agreement that concern job classifications and, in particular, information on the activities of the labour inspectorate (violations recorded, sanctions imposed) and on court decisions concerning these matters.
2. The Committee notes that, according to the Government, female labour is concentrated in secretarial and typing jobs, whereas it is virtually absent from the road transport, engineering, construction, water supply and forestry sectors. The Committee again refers to paragraph 22 of its 1986 General Survey on Equal Remuneration and asks the Government to indicate the measures taken or contemplated to ensure that in sectors employing a majority of women, qualities traditionally considered as "peculiar to women" are properly evaluated in the light of the principle of equal remuneration for work of equal value.
3. Further to its general observation of 1990, the Committee hopes that the Government and the employers' and workers' organizations will endeavour to collect and analyse data on earnings and related factors in order to facilitate the application of the principle of equal remuneration for men and women workers for work of equal value. The Committee would be grateful if the Government would, if possible, provide information on any studies or surveys of this kind.
1. With regard to vocational guidance and training, the Committee recalls the Government's previous indication that there are no specific measures for girls and that efforts are being made to promote school attendance by all children, without distinction as to sex. It once again requests the Government to supply information on the measures taken or envisaged concerning access to vocational training and employment in order to promote in practice the application of the principle of non-discrimination in these fields.
2. The Committee notes the Government's previous indications that the policy of non-discrimination is now understood by employers' and workers' organizations and that the negative attitude that had been noted previously is no longer perceptible. The Committee requests the Government to indicate in its next report any manifestation of such a change, for example, in the form of their cooperation in promoting the acceptance and observance of the above policy, in accordance with Article 3(a) of the Convention.
3. The Committee notes the National Charter of Chad, adopted on 28 February 1991, which repeals the Constitution of 10 December 1989. The Committee notes that this Charter will fall into abeyance when a new Constitution is adopted introducing a multipartite system and at the latest 30 months after its promulgation. It requests the Government to indicate any development in this context and to supply the text of the new Constitution as soon as it is adopted.
4. The Committee notes that labour inspectors monitor the application of the Convention. It requests the Government to supply information on the activities of the labour inspection system (violations reported and sanctions imposed) and on any court rulings related to the Convention.
1. The Committee notes the information supplied in the Government's report according to which remuneration is fixed according to the posts and categories, irrespective of the sex of the worker, in all sectors. The Government adds that objective job evaluation on the basis of the work to be performed has not yet been established. The Committee recalls that Article 3 of the Convention calls for measures to be taken to promote such objective appraisal of jobs. The Committee accordingly requests the Government to consider introducing such measures, perhaps in the context of the tripartite commission discussed below. It recalls that the technical assistance of the Office is available in this respect.
2. The Government reports that, together with employers' and workers' organizations, it is trying to establish a tripartite commission which would be responsible for gathering information relating to the principle of equal remuneration between the male and the female workforce for work of equal value; for the moment, however, no data collection or analysis of earnings has been carried out. The Committee asks the Government to inform it of progress in establishing this commission, and of any activities it undertakes towards collecting data on remuneration disaggregated by sex, and analysing any wage gap that emerges from this data, in an effort to ensure application of the principle of the Convention.
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:
With reference to its previous direct requests, the Committee notes the information supplied by the Government in its report.
With reference to its previous direct requests, the Committee notes that the Government's very brief report does not contain a reply to its previous comments. It hopes that the next report will supply full information on the following points:
The Committee notes the information supplied by the Government in reply to its previous direct request.
1. The Committee notes the new Constitution that was enacted in 1989, which repeals the Fundamental Act of 1982. It notes in particular sections 36, 37, 51, 52 and 53 of the above Constitution which deal with matters that relate to the application of the Convention. The Committee also notes that the new Constitution was suspended in December 1990. The Committee requests the Government to inform it of any developments in this respect.
2. With reference to its previous comments concerning access to public sector jobs without distinction as to sex (section 5 of Ordinance No. 15/PR/1986 of 20 September 1986), the Committee notes, from the Government's report, that no specific conditions of employment in the public service deny the employment of women and that only the occupation of night watchman is reserved for men.
3. The Committee notes from the Government's report that, as regards vocational guidance and training, there are no specific measures for girls and that efforts are being made to promote school attendance by all children, without distinction as to sex. The Committee requests the Government to supply information on the measures taken or envisaged as regards access to vocational training and employment in order to promote in practice the application of the principle of non-discrimination in these fields.
4. With reference to its previous comments, the Committee notes the Government's indications that the policy of non-discrimination is now understood by employers' and workers' organisations and that the negative attitude that had been noted previously is no longer perceptible. The Committee requests the Government to indicate any changes in the situation in its next report.
The Committee notes the information supplied by the Government in reply to its previous comments.
1. In its previous comments, the Committee requested the Government to provide full particulars of disputes concerning the application of the principle of equal remuneration for men and women that might have come to the attention of the labour inspectorate. The Committee notes the indication that the labour inspectorate has not yet recorded any disputes of this nature. It asks the Government to provide as soon as possible information relating to point V of the report form on the manner in which practical effect is given to the Convention.
2. With regard to the criteria for appraising jobs applied in the private and public sectors, the Committee notes that section 26 of the General Collective Agreement enclosed with the report provides that the wage of each worker shall be determined on the basis of the job assigned to him or her in the enterprise. This provision also stipulates that all workers must be classified in one of the categories defined in section 43 of the same Agreement. The Committee also notes that the enterprise collective agreements for the various sectors, which supplement and clarify the General Collective Agreement, contain the same provisions.
Thus, the enterprise collective agreement of the Chad Cotton Company (COTONTCHAD) stipulates in section 14 that employees other than managers shall be classified in the wage scales according to the following criteria: training, qualifications, experience, professional value and the post held. Section 16 of the same Agreement, which concerns managers, establishes classification by category according to training, professional value, the importance of the post and the responsibilities involved. The Committee also notes that the General Collective Agreement must be observed by both public and private employers.
The Committee notes the Government's statement in its report that no services are reserved specifically for men or women and that the absence of women in certain services is due to the fact that there are no women possessing the necessary qualifications. In this connection, it refers to paragraph 22 of its 1986 General Survey on Equal Remuneration, which points out that "the fact that women workers are more heavily concentrated in certain jobs and in certain sectors of activity has to be taken into account so as to avoid or redress a biased evaluation of qualities traditionally considered as peculiar to women". It asks the Government to indicate in its next report the sectors or services where there are no women or where women are concentrated.
The Committee notes the Government's report for the period 1987-88 and notes that it contains no information in reply to its previous comments.
However, it notes the statement that these comments have been forwarded to the competent ministries and that the information requested will be transmitted as soon as it is available.
1. The Committee can therefore only refer to its previous comments, in particular its direct request of 1988, in the hope that the next report will contain full information on the points raised previously, in particular:
(a)details of the public sector jobs open to all Chadians without distinction as to sex, subject to certain restrictions under specific rules, in accordance with section 5 of Ordinance No. 15/PR/86 of 20 September 1986 issuing the general conditions of employment in the public service (please also forward a copy of the special rules governing these jobs);
(b)information on vocational guidance and training for girls, showing the impact of the positive measures taken to facilitate the access of women to education and training, and to employment, in accordance with what is provided in points (a) and (b) of the report form on this Convention under Article 2 of the Convention;
(c)detailed information on the measures taken or under consideration by the Ministry for the Promotion of Women and of Social Affairs, to promote, in practice, the application of the principle of non-discrimination in employment and occupation, along with information on any other measures adopted to this end.
2. In its previous reports, the Government also indicated that there was a tendency among employers to give preference to certain persons when hiring workers, and that it was difficult to combat this attitude. The Committee therefore referred to Article 3(a) of the Convention which provides that governments should seek the co-operation of employers' and workers' organisations and other appropriate bodies in promoting the acceptance and observance of the policy of non-discrimination, and recalled that acceptance and observance can be facilitated by educational and information programmes, which the Government should encourage.
The Government indicates in its report that it is seeking the co-operation of these organisations. The Committee notes this statement with interest and hopes that the next report will also contain information on any developments in this situation.