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

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

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

Articles 1(1)(a) and 3(b). Discrimination based on colour. The Committee notes that, in its concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern at reports of acts of violence, including sexual violence, committed against women and girls with albinism, such as in the context of erroneous traditional beliefs, and the obstacles they face in gaining access to education, employment and social services (CEDAW/C/SEN/CO/8, 1 March 2022, para. 39(b)). The Committee requests the Government to provide information on: (i) any measures adopted or envisaged to prevent and bring an end to this form of discrimination based on colour, which seriously prejudices the achievement of the right to equality of opportunity and treatment in employment and occupation of the persons concerned, either through the dissemination of information, training, awareness campaigns for teachers and all the actors in the world of work (workers, employers and their respective organizations, labour inspectors and judges), or positive discrimination measures for persons with albinism; and (ii), where appropriate, the results and improvements achieved.

Articles 1(1)(b) and 3(b). Persons with disabilities. The Committee notes that: (1) the priority action plan for the period 2019–23 of the Emerging Senegal Plan included the objective of strengthening school reintegration and inclusion strategies for children with disabilities; and (2) one of the objectives of the plan of action of the Digital Senegal Strategy 2025 (as updated) was to use information and communication technologies to contribute to the integration of persons with disabilities. In this regard, the Committee notes that the CEDAW also expressed concern at acts of violence committed against women and girls with disabilities, and the obstacles they face in gaining access to education and employment (CEDAW/C/SEN/CO/8, para. 39(b)). The Committee requests the Government to provide information on: (i) the results of the Emerging Senegal Plan and the Digital Senegal Strategy 2025; and (ii) any measures taken or envisaged for the school attendance, vocational guidance and training and labour market integration of persons with disabilities.

Articles 1 to 3. National policy of equality of opportunity and treatment. Sex. Access to employment and occupation and occupational segregation. The Committee notes the Government’s reiterated commitment to combat discrimination against women in all sectors and its statement that, for this purpose, it has adopted public policies and taken a number of measures. In the field of education, it indicates that special measures have been taken to increase the presence of girls in science and technology courses in the context of the Programme for the Improvement of Quality, Equity and Transparency (PAQUET), which covers the period 2018–30, including affirmative discrimination measures (technical and industrial courses only have 38 per cent girls), programmes of grants for excellence, the Miss Maths and Miss Sciences competitions and the “Jiggen ci technologie” (women in technology) programme. With reference to vocational training, the Government indicates that: (1) the proportion of girls and women has risen to 54 per cent of all learners; and (2) incentives have been adopted to promote interest by boys in courses that are traditionally reserved for women. The Committee notes with interest all of these measures and programmes, and the development of the National Agenda for Girls and the updating of the Digital Senegal Strategy 2025, of which action No. 622 (contribution to women’s digital entrepreneurship) is intended to increase the access of women to the resources and opportunities of the digital economy. The Committee also notes that the CEDAW, while welcoming the numerous instances of progress, makes numerous recommendations to the Government, including: (1) undertaking inclusive consultations, including with traditional and religious leaders, on the revision and implementation of the relevant laws; (2) strengthening mechanisms to ensure cooperation between gender equality bodies, and the provision of adequate resources; and (3) eliminating occupational segregation, including by introducing flexible working arrangements and investing in childcare services and a public transport system (CEDAW/C/SEN/CO/8, paras 10(c), 16(a) and 32(b)). It also notes that, although the mid-term evaluation report for the second phase of the National Strategy for Gender Equity and Equality (SNEEG 2), prepared in October 2023, reports significant progress in relation to equality between women and men, especially in access to decision-making bodies, it also observes that the achievements of SNEEG 2 and the resources devoted to it are still low in relation to the desired objective of gender equity and equality, and that efforts will have to be continued in many fields. The Committee further notes that in its 2024 report on the national-level review of the implementation of the Beijing Declaration and Platform for Action, 1995 (Beijing+30 national report), the Government recognized that it has to give effect to the recommendations of SNEEG 2. Finally, the Committee notes that, according to the World Economic Forum Global Gender Gap Report 2024: (1) the labour market participation rate of women is only 37.5 per cent; and (2) only 15.2 per cent of senior officials and managers are women. The Committee requests the Government to continue its efforts to combat sexist stereotypes and prejudice against girls and women, and to promote gender equality in practice in all aspects of employment and occupation, including in relation to the access of women to production factors, the formal economy and positions of responsibility. The Committee also requests the Government to provide information on: (i) the results of the various programmes, initiatives, strategies, measures and agendas implemented to promote equality of opportunity and treatment between women and men; and (ii) the implementation of the recommendations made in the context of the mid-term evaluation of the SNEEG 2, and in particular any process for the revision of laws that contain discriminatory provisions against women.

Sexual harassment. The Committee notes the conclusion of the Senegal Gender Profile, prepared by the European Union Delegation to Senegal in September 2021, that sexual harassment is latent at the enterprise level, in both public and private enterprises. The Committee notes in this regard that the CEDAW, concerned at the lack of measures taken to address sexual harassment in the workplace, recommended the Government to strengthen labour-related complaint and dispute resolution mechanisms and to impose appropriate sanctions on perpetrators (CEDAW/C/SEN/CO/8, paras 31(c) and 32(c)). The Committee recalls that sexual harassment is a serious manifestation of sex discrimination and emphasizes the importance of taking effective measures to prevent and prohibit sexual harassment at work, and specifies that such measures should address both quid pro quo and hostile environment sexual harassment (see the General Survey on the fundamental Conventions, 2012, para. 789). The Committee also draws the Government’s attention to its 2002 general observation, which provides additional information on this subject. The Committee requests the Government to indicate the legislative provisions and regulations applicable to sexual harassment at work and to specify whether it is covered by a definition that includes both quid pro quo and hostile environment sexual harassment. The Committee also requests the Government to provide information on: (i) any measures adopted or envisaged to reinforce complaint mechanisms for sexual harassment at work and the applicable sanctions; (ii) the number of cases of sexual harassment recorded by labour inspectors and dealt with by the courts or any other competent authority; and (iii) the nature of the sanctions imposed on the perpetrators.

Article 5. Special protection measures for women. The Committee notes with interest the adoption of Act No. 2022-02 of 14 April 2022 supplementing certain provisions of Act No. 97-17 of 1 December 1997 issuing the Labour Code on the protection of pregnant women, and Decree No. 2021-1469 of 3 November 2021 respecting pregnant women, which prohibits their employment in certain types of work which may be harmful to them. The Committee welcomes the indication contained in the Government’s report that the Minister of Labour has organized workshops for the dissemination of the Act and the Decree. Nevertheless, the Committee notes that the types of work prohibited for pregnant women, as set out in Decree No. 2021-1469, include work which, by its nature and the conditions in which it is performed, is likely to be prejudicial to their morals (first section). The Committee also notes that, under section L.146 of the Labour Code, “the labour and social security inspector may require the examination of women […] by an approved doctor in order to verify that the work to which they are assigned does not exceed their strength”, women “may not be retained in a job […] recognized to be beyond their strength and shall be assigned to suitable employment” and, if that is not possible, “the contract shall be terminated with payment of the notice period”. In this regard, the Committee recalls that the powers of labour inspectors and occupational physicians in relation to the evaluation of the protection of persons who work in hazardous or difficult conditions must be aimed at the protection of occupational safety and health, for both men and women, while taking into account the differences between the sexes and the specific risks to health, and that restrictions on the employment of women must not go beyond what is strictly necessary to protect maternity, nor be based on stereotypes concerning their capacities and role in society. On this point, the Committee notes that the CEDAW recommended the Government to repeal or amend section L.146 of the Labour Code and to facilitate the access of women to any occupation of their choosing (CEDAW/C/SEN/CO/8, para. 32(a)). The Committee requests the Government to ensure, within the context of the current reform of the Labour Code, that the restrictions on the employment of women, currently set out in section L.146 of the Labour Code, are strictly limited to the protection of maternity and are proportionate to the nature and scope of the intended protection, that they are not based on gender stereotypes and that they do not have the effect in practice of limiting the access of women to employment. It requests the Government to provide information on any measures adopted in this respect. The Committee also requests the Government to specify the nature of the types of work that are likely to be prejudicial to their morals, as indicated in the first section of Decree No. 2021-1469, and to indicate why the prohibition on the performance of such types of work only applies to pregnant women.

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

Articles 1 to 4. Pay gaps between men and women. The Committee notes that, according to the SNEEG 2 mid-term evaluation report, the elimination of wage gaps between the sexes is one of the objectives to be achieved. On this point, the Committee notes the Government’s indication that the revision of statistical compilation tools should be undertaken in the aftermath of the reform of the Labour Code so as to ensure the collection of data that is also disaggregated by sex. Finally, the Committee notes that the CEDAW also expressed concern at the continuing horizontal and vertical occupational segregation, the concentration of women in the informal labour market and in low-paying jobs and the persistent gender pay gap (CEDAW/C/SEN/CO/8, para. 31(b)). The Committee recalls that the underlying causes of gender pay gaps are closely linked to equality of opportunity and treatment for men and women in employment and occupation, and particularly to issues such as access to employment and occupation, and occupational segregation. It therefore refers the Government to its comments above on Convention No. 111. The Committee requests the Government to provide information on any progress achieved in the revision of the texts governing data collection tools on remuneration from work with a view to the collection of data disaggregated by sex in both the public and private sectors.

Article 3. Measures for the objective appraisal of jobs. Recalling that the effective application of the principle set out in the Convention requires the adoption of a method to measure and compare the relative value of different jobs performed by women and men, the Committee draws the Government’s attention to the explanations contained in paras 695 to 709 of its 2012 General Survey on objective job evaluation and invites it to avail itself without delay of the technical assistance that the Office can provide in this respect. The Committee once again requests the Government to: (i) take the necessary measures to promote the use of objective job evaluation methods based on objective and non-discriminatory criteria such as qualifications, effort, responsibilities and working conditions; and (ii) provide information on any progress achieved in this regard.

Conventions Nos 100 and 111 – Application in practice

Enforcement. Convention No. 100. While awaiting the measures to be taken as a result of the adoption of the new Labour Code, the Committee requests the Government to continue providing information on any cases of wage discrimination between women and men recorded by labour inspectors, brought to their knowledge or dealt with by the courts.

Specialized body. Conventions Nos 100 and 111.Emphasizing that the draft Decree establishing the missions and rules for the organization and operation of the National Observatory on Discrimination at Work (ONDT), as envisaged by Act No. 2022-03, had already been finalized when it examined the matter in 2018, the Committee expresses the firm hope that the Decree will be adopted in the very near future and requests the Government to provide information on any progress in this respect.

Statistics. Conventions Nos 100 and 111. The Committee recalls that appropriate data and statistics are crucial in determining the nature, extent and causes of discrimination in order to set priorities and design appropriate measures, monitor the impact of such measures and make any necessary adjustments (see the 2012 General Survey, para. 891). It notes that the CEDAW welcomed the efforts made by the Government to develop a national index of gender equality, but expressed concern that disaggregated statistical data is not available concerning violence against women, harmful practices, gender stereotypes, education, employment and economic empowerment. It recommended the Government to urgently develop the national index of gender equality and to strengthen its efforts to enhance the systematic collection, dissemination and analysis of data related to women’s rights, disaggregated by sex, age, ethnicity, religion, geographical location, disability and socio-economic context (CEDAW/C/SEN/CO/8, paras 16(c), 39(d), 43 and 44). The Committee requests the Government to provide information on any progress achieved in the development of the national index of gender equality or any other system for the collection and compilation of data on employment, disaggregated insofar as possible by sex, economic sector and occupation, including statistics on the pay received by men and women.

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

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on equality, in respect of which the Government’s reports are being examined this year, the Committee considers it appropriate to examine Conventions Nos 100 (Equal Remuneration) and 111 (Discrimination in Employment and Occupation), together.

Convention No. 111 – National policy to promote equality of opportunity and treatment in employment and work

Articles 1 and 3(b). Prohibited grounds of discrimination. The Committee notes with satisfaction the indication in the Government’s report in response to its previous comment that Act No. 2022-03 of 14 April 2022 revising and supplementing certain provisions respecting non-discrimination at work in Act No. 97-17 of 1 December 1997 issuing the Labour Code has introduced section L.29-2 of the Labour Code, subsection 1 of which defines discrimination as “any distinction, exclusion or preference made on the basis of race, colour, age, sex, trade union activity, belonging to a religion, fraternity or sect, political opinion, national extraction, ethnic or social origin, disability, pregnancy, family situation, state of health or serological status, which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation”. The Committee notes this information, which replies to its previous request.

Direct and indirect discrimination. Recalling that the promotion of equality of treatment in employment and occupation requires the adoption in law of a definition of direct and indirect discrimination, and noting that section L.29-2(2) of the Labour Code does not contain such a definition, the Committee requests the Government to provide information on any measure adopted in this respect, particularly within the context of the current revision of the Labour Code.

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

Articles 1(b) and 2. Concept of work of equal value. The Committee notes the Government’s indication that the concept of “work of equal value” will be integrated into the new Labour Code during the reform process that it is undergoing, which will take the form of an amendment to sections L.86(7) and L.105 which, in their current wording, cover respectively situations of “equal work” and “equal conditions of work, vocational qualifications and output”, and which do not therefore give full effect to the principle set out in the Convention.

The Committee hopes that the reform of the Labour Code will make it possible in the near future to give full effect to the principle of equal remuneration for men and women for work of equal value set out in the Convention and requests the Government to provide information on the progress achieved in this respect.

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

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

Articles 1(1)(a) and 2 of the Convention. Discrimination based on sex and equality of opportunity and treatment for men and women. The Committee welcomes the information provided by the Government in its report on all the measures taken and results achieved, particularly with regard to strengthening the vocational skills of women and girls, and the statistical data provided. Further, it notes the Government’s indications concerning the actions carried out, within the framework of the “Digital Senegal 2025” strategy adopted in 2016, in the information and communication technologies (ICT) sector aimed at, inter alia, developing women’s leadership in the ICT sector, financing and supporting women’s start-ups and building girls’ capacities to pursue a career in this sector. With regard to combating gender stereotypes, the Committee also notes the adoption of specific programmes, such as the joint programme for the eradication of gender-based violence and the promotion of human rights, and the introduction of awareness-raising activities in schools as part of combating such violence. The Government also indicates that the second priority action plan for the implementation of the National Strategy for Gender Equity and Equality (SNEEG) highlights the State’s commitment to review this Strategy (SNEEG 2016-2026), which is based on the gender strategy of the West African Economic and Monetary Union. In this regard, the Committee welcomes the adoption of the SNEEG 2016-2026. It notes that this document contains a detailed analysis, with statistics disaggregated by sex, of the situation of women and girls in many areas such as education, vocational training and employment and in various sectors, including the informal economy. This Strategy (the objectives of which comprise the elimination of gender-based disparities in the political, economic and social spheres, guarantee of equitable enjoyment of rights by women and men, and physical and moral protection of women against violence) provides for, inter alia, awareness-raising and advocacy actions, a study to be carried out to identify discrimination in national legislation and the introduction of laws to remedy any discrimination found, and the implementation of actions to promote women’s access to factors of production and financial resources, and strengthen their vocational skills.

With regard to improving women’s access to land, credit, knowledge, technology and equipment, the Government points to the adoption of regulatory provisions by the department responsible for agriculture, aimed at facilitating women’s access to land and land tenure security, financing mechanisms, production factors and outreach services, such as circular No. 0989 of 5 June 2018 on reducing gender inequalities in agricultural activities and establishing a quota system for installations, inputs, equipment and seeds. The Committee notes, however, from the information in the SNEEG 2016 – 2026 that “as they are not farmers, women have fewer opportunities to farm a plot of land and are also less likely to access land through leasing due to lack of resources. Essentially, women’s access to land is limited to smaller, lower quality plots of land that are farther away from their homes, while they must meet their obligations related to domestic tasks. The inequality between men and women in access to land is a severe constraint to the development of profitable productive activities”. The Committee also notes that “for reasons associated with family perceptions and traditions, access to property remains a serious problem in the lives of rural women most involved in the agricultural production chains”. Noting the progress made and the Government's clearly stated commitment, particularly within the framework of the SNEEG 2016–2026, the Committee encourages it to intensify its efforts and continue to address discrimination against women including by ending occupational segregation between men and women and actively combating gender stereotypes and prejudices, and to promote gender equality in practice in all aspects of employment and occupation, particularly with regard to rural women’s access to factors of production. It requests it to provide information on: (i) the implementation of the SNEEG and, in particular, on the results achieved in the areas of education, occupational training and employment, and the results of the study aimed at identifying discrimination in the national legislation; and (ii) the measures taken to promote women’s access to property.

Specialized body. Noting the Government’s indication that the creation of the National Observatory on discrimination at work is under way within the context of the current reform of the Labour Code, the Committee requests it to provide information on the envisaged missions and operation of this body, indicating whether it will be empowered to handle individual complaints, and on its implementation and operation in practice.

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

Articles 1 to 4 of the Convention. Enforcement. Recalling the importance of the role of labour inspectors and magistrates to implement the principle of the Convention, the Committee once again asks the Government to provide information on the measures taken to ensure that awareness is raised among labour inspectors and judges of the issue of equal remuneration for men and women for work of equal value (further training, campaigns, development of practical tools, guides and guidelines, etc.) It also requests the Government to provide information on any cases of wage discrimination between men and women detected by the labour inspectors or brought to their knowledge or examined by the courts.

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

Articles 1(b) and 2 of the Convention. Equal remuneration for men and women for work of equal value. Legislation and collective agreements. For around 15 years, the Committee has been emphasizing that section L.105 of the Labour Code, which provides that “where conditions of work, vocational qualifications and output are equal, wages shall be equal for all workers, irrespective … of gender”, does not give full effect to the principle of equal remuneration for men and women for work of equal value established by the Convention as it does not reflect the concept of “work of equal value”. The Committee notes the Government’s statement that section L.105 of the Labour Code “targets precisely work of equal value” and that “this same requirement is contained in the collective agreements”. It also indicates that aspects linked to the concept of “work of equal value” are always settled through social dialogue and collective bargaining between employers and workers with the support of the Government and that, after its adoption by the parties, each collective agreement is the focus of an outreach, training and information campaign among the actors concerned, in order to make it more accessible. In this regard, the Committee notes that the Government refers to provisions prohibiting gender-based wage discrimination in the new national inter-occupational agreement adopted on 30 December 2019. The Committee emphasizes, however, that these provisions are not sufficient to give effect to the principle of the Convention as they do not take into account the concept of “work of equal value”. The Committee recalls that Article 2(2) of the Convention gives free choice as to how to give effect to the principle of equal remuneration for work of equal value and that wage fixing processes and collective bargaining mechanisms can go a long way to eliminating gender pay gaps and wage discrimination, and to promoting equal pay, where such processes and mechanisms are consistent with the principle of the Convention itself. However, where the issue of equal pay is regulated by legislative provisions, these must not be more restrictive than the principle of the Convention, as they constitute an obstacle to the elimination of discrimination against women in respect of remuneration. Furthermore, noting the Government’s indication that the term “work of equal value” could be interpreted in different ways, the Committee recalls that the concept of “work of equal value”, while not defined as such in the Convention, implies that men and women who hold jobs which are different in content, involve different responsibilities and require different skills or qualifications, or different degrees of effort, and which are performed under different conditions but which, as a whole, are of equal value, must be paid equally. While criteria such as working conditions, vocational qualifications and output are among the relevant factors in determining the value of jobs, when two jobs (a female-dominated job and a male-dominated job) are compared, the value does not necessarily have to be the same for each factor – rather the determining value is the overall value of the job, that is to say when all factors are considered as a whole (added together). This principle is essential for eliminating discrimination and promoting equality, as women and men most often hold different jobs, under different working conditions and often in different establishments or for different employers. In this regard, in its 2012 General Survey on the fundamental Conventions, the Committee provided as examples comparisons between the occupations of wardens in sheltered accommodation for the elderly (predominantly women) and security guards in office premises (predominantly men); or school meal supervisors (predominantly women) and garden and park supervisors (predominantly men). Noting that the steering committee for the Labour Code reform was set up in 2021, the Committee urges the Government to take the necessary measures without delay to give full effect in the Labour Code to the principle of equal remuneration between men and women for work of equal value by amending section L.105, which contains provisions that are more restrictive than the principle enshrined in the Convention and section L.86(7), which provides that the principle of “equal work, equal wage” must be included in collective agreements. It requests the Government to specify how it shares with the social partners the contours of the principle of equal remuneration for men and women for work of equal value and how the social partners take into account this principle in collective bargaining on wages.

Article 3. Objective job evaluation. The Committee recalls that the concept of equal value necessarily implies the adoption of a method that allows for the relative value of different jobs to be measured and compared objectively, whether at the enterprise or sector level, national level, in the framework of collective bargaining or through wage-setting mechanisms. The Government indicates that everything relating to vocational qualifications, classification and relative value of occupations at all levels, basic pay of each occupational category, conditions for career development and all other aspects associated with the equal value of work are determined in the freely chosen collective agreements of enterprises, sectors or branches between employers and workers. The Committee requests the Government to take the necessary measures to promote the use, by the social partners, of objective job evaluation methodology based on non-discriminatory criteria such as qualifications, effort, responsibility and working conditions to determine the relative value of jobs when setting wages and/or classifications. It requests the Government to carry out, in cooperation with the social partners, awareness-raising activities on the concept of “work of equal value” and the importance of using objective job evaluation systems, free from gender bias (namely under-evaluation of skills considered as “natural” for women, such as dexterity and those required in caring professions, and the over-evaluation of skills traditionally considered as “masculine”, such as physical force). It once again requests the Government to provide information on any measures taken in this regard.

Statistics. Since 2007, the Committee has been requesting the Government to provide full statistical information on the remuneration received by men and women in the various sectors and branches of activity. The Committee notes the statistical data provided by the Government on employment and wages. It notes, however, that these statistics are not disaggregated by sex and therefore do not allow for an evaluation of the extent of any wage gaps between men and women. The Committee recalls that appropriate data and statistics are crucial in determining the nature, extent and causes of discrimination and unequal remuneration, to set priorities and design appropriate measures, to monitor and evaluate the impact of such measures, and make any necessary adjustments. It recalls further that comparable statistics are necessary to enable an accurate assessment of changes over time (see 2012 General Survey, paragraph 891). The Committee therefore urges the Government to take the necessary steps to collect and analyse data on the remuneration of men and women in the public and private sectors, disaggregated by sex, sector of the economy, and, if possible, occupational group, and to include this information in its next report. It also asks the Government to provide any information or survey available on the gender pay gap in the country.

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

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

Article 1 of the Convention. Protection of workers against discrimination and promotion of equality of treatment. Legislation and collective agreements. For several years, the Committee has been emphasizing that the Constitution (article 25) and the Labour Code (sections L.1 and L.29) do not cover all the prohibited grounds of discrimination set out in the Convention, as they omit national extraction and colour, and they do not refer explicitly to social origin, but only to origin or origins. The Committee notes that the Government reaffirms its willingness to provide a better framework for combating discrimination at work and that it once again refers to the labour legislation revision process still under way, in which issues related to protection against discrimination have been taken into account. It welcomes the creation of the steering committee for the reform of the Labour Code by order of 15 June 2021 of the Ministry of Labour, Social Dialogue and Relations with Institutions. The Committee also notes with interest that the new national inter-occupational collective agreement, signed on 30 December 2019, provides that “no one may be barred from the recruitment procedure or access to internships or on-the-job training, or be subjected to a discriminatory measure based race, colour, age, sex, trade union activity, belonging to a religion, fraternity or sect, political opinion, national extraction, ethnicity, social origin, disability, pregnancy, family situation, health status or HIV status, and which has the effect of destroying or impairing equality of opportunity or treatment in employment or occupation”. It adds that “no employee may be penalized, dismissed or subjected to a discriminatory measure for witnessing or reporting the conduct defined in the above paragraphs” and that “the employer must ensure respect of equality of treatment among employees relating to working conditions, as well as remuneration, training and professional promotion”. Noting the willingness expressed by the Government with regard to combating discrimination and promoting equality of treatment in employment and occupation, the Committee urges it to ensure that the reform of the Labour Code extends protection to workers against discrimination based on all the grounds listed under Article 1(1)(a), including national extraction, colour and social origin, as well as any additional grounds that the Government deems it appropriate to include, such as those listed in the 2019 national inter-occupational collective agreement. It also requests the Government to take measures to raise awareness among workers and employers and their respective organizations of the provisions of the new collective agreement prohibiting discrimination and promoting equality of treatment.

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

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Article 1 of the Convention. Legislation. Protection of workers against discrimination. In its previous comments, the Committee emphasized that the Constitution (article 25) and the Labour Code (sections L.1 and L.29) do not cover all the prohibited grounds of discrimination set out in the Convention, as they omit national extraction and colour, and they do not refer explicitly to social origin, and accordingly do not provide protection against discrimination at all stages of employment and occupation. It requested the Government to ensure that the Bill amending the Labour Code explicitly defines and prohibits direct and indirect discrimination on the basis of at least all the grounds listed in Article 1(1)(a) of the Convention and that all stages of employment and occupation are covered. The Committee notes the Government’s indications in its report that the new Bill to amend the Labour Code clearly indicates that “discrimination is understood to mean any distinction, exclusion or preference based, among other grounds, on race, colour, age, sex, trade union activity, belonging to a religion, brotherhood or sect, political opinion, national extraction, ethnicity, social origin, disability, pregnancy, family situation, state of health, serological status, physical appearance, which has the effect of undermining or prejudicing equality of opportunity and treatment in employment and occupation. Discrimination is a practice which is prohibited in all its forms, both directly and indirectly”. The Government adds that the stages of administration and consultation of the social partners have been completed and that it is now for the legislative authority to adopt the Bill. While welcoming this information, the Committee expresses the firm hope that the Bill to amend the provisions of the Labour Code regarding discrimination will be adopted in the near future and requests the Government to continue providing information on the progress made in the legislative work in this regard.

Articles 1(1)(a) and 2. Discrimination based on sex and equality of opportunity and treatment for men and women. The Committee notes that the Government reaffirms its will to continue its efforts to improve the situation of women in employment and occupation, but notes that the report does not contain information on this subject. The Committee notes that, according to the National Survey of Employment in Senegal (second quarter of 2017) undertaken by the National Statistical and Demographic Agency, 39.7 per cent of the employed population was engaged in salaried employment (however, whereas 46.6 per cent of the employed men were engaged in salaried employment, the ratio is only at 30.5 per cent for women), and that unemployment affected women (17.8 per cent) more than men (8.1 per cent). Recalling that, in view of the predominance of women in low-paid work and that a national system of uniform minimum wages contributes to increasing the income of the lowest paid workers, this has an impact on the relationship between the wages of men and those of women and on reducing the remuneration gap between men and women, the Committee welcomes the increase of 44.8 per cent in the minimum wage on 1 June 2018 following an agreement between the trade unions and employers. The Committee further notes that a new National Strategy for Gender Equity and Equality (SNEEG) 2016–26 has been adopted. The SNEEG is targeted particularly at: improving the socio-cultural, political and economic environment through changes in perceptions of gender relations; ensuring the effective implementation of legislative provisions and regulations conducive to equality and equity through the revision and harmonization of the legislation with international conventions and the adoption of additional juridical measures to bring an end to discrimination; and ensuring the equitable access of men and women to economic conditions and opportunities, particularly through an improvement in the access of women to production factors and financial resources, the acquisition by women of technical and managerial capacities and the lightening of the domestic burden on women. The Committee notes that, at the institutional level, the General Secretariat established in ministries by Decree No. 2017-313 of 15 February 2017 includes the bodies and structures responsible for gender and equity and that, within the framework of the SNEEG, ministries are required to establish a “gender unit”. The Committee also notes that, in the report of the United Nations Working Group on the issue of discrimination against women in law and practice on its mission to Senegal (Supplement: comments by the State on the visit of the Working Group to Senegal from 7 to 17 April 2015), the Government states that a technical committee has been established to revise the legislative provisions and regulations which discriminate against women, under the authority of the Minister of Justice, and was established by Order No. 00936 of 27 January 2016 (A/HRC/32/44/Add.3, 13 June 2016, paragraphs 18–22). Welcoming all this information, which demonstrates a firm will to take action against discrimination against women and to promote genuine equality between men and women in employment and occupation, including with regard to access to and retention at school, the Committee requests the Government to provide information on the specific measures adopted for the implementation of the SNEEG and their outcome, particularly in relation to the development of vocational guidance and training for women in trades and fields traditionally reserved for men with a view to reducing occupational segregation, combating gender stereotypes and improving the access of women to land, credit and equipment. The Committee requests the Government to provide information on the recommendations made by the technical committee for the amendment of legislative provisions and regulations which discriminate against women, and on all the work on the legislation and regulations undertaken in this respect.

Specialized body. The Committee notes that, according to the report of the Working Group referred to above, the Ministry of Labour has prepared a Bill to amend the Labour Code which establishes within the Ministry of Labour a National Observatory responsible for promoting and coordinating policies and programmes to combat discrimination at work and a preliminary text of a Decree issuing the rules on the organization and operation of the Observatory. The Committee notes the Government’s indication in its report that the preparation of the draft Decree has been finalized and that it was approved by the social partners in the National Labour Advisory Council. It notes that the text has not yet been adopted and that its adoption will have to follow that of the envisaged amendment to the Labour Code on this point. The Committee requests the Government to provide information on the adoption of the Bill to amend the Labour Code and establish the National Observatory responsible for promoting and coordinating policies and programmes to combat discrimination at work and the Decree establishing the rules for the organization and operation of the Observatory. The Government is requested to provide a copy of these texts.

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

Enforcement. The Committee notes the Government’s indication that labour and social security inspectors are responsible for regularly supervising compliance with the legislation in this area. Furthermore, the Government indicates that judges and labour inspectors continually fulfil their function of supervision and enforcement of the principles of equal remuneration within the context of their professional duties. The Committee observes, however, that the 2015 Annual report on labour statistics attached by the Government does not contain any tangible information to support this statement. The Committee emphasizes the importance of the role played by judges and labour inspectors in the application of the principle of equal remuneration for men and women for work of equal value. In this regard, the Committee requests the Government to provide information on the measures taken to ensure that awareness is raised among labour inspectors and judges, and also the social partners and the general public, of the issue of equal remuneration for work of equal value (further training, campaigns, development of practical tools, guides and guidelines, etc.). Furthermore, it once again requests the Government to provide information on the inspection activities carried out in enterprises by labour inspectors with regard to equal remuneration, and on any complaint of discrimination in respect of remuneration received by the labour inspectors, and any relevant court decisions.

Statistics. Since 2007, the Committee has been requesting the Government to provide full statistical information on the remuneration received by men and women in the various sectors and branches of activity. The Committee notes that the Government reiterates its willingness to provide statistical data, but indicates that national studies on the gender wage gap on the labour market have not yet been conducted. Noting this lack of information, the Committee observes that the 2015 National employment survey in Senegal, published by the National Agency of Statistics and Demography, contains some information on the level and type of remuneration of employees, according to their socio-occupational category and sector of activity, but that these data are not disaggregated by gender. The Committee recalls that it is necessary to compile full statistical information, disaggregated by gender, to allow for an adequate evaluation of the nature, extent and causes of the gender wage gap, and of the progress made towards the application of the principles of the Convention. It wishes to emphasize the fact that an analysis of the positions and wages of men and women in all categories of employment and among and within the different sectors of economic activity is necessary to address the issue of the continuous gender wage gap. The Committee urges the Government to take the necessary steps to compile data on the remuneration of men and women in the public and private sectors, and to include this information in its next report.

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

Article 1 of the Convention. Work of equal value. Legislation. Since 2007, the Committee has been emphasizing that section L.105 of the Labour Code, which provides that “where conditions of work, vocational qualifications and output are equal, wages shall be equal for all workers, irrespective … of gender”, does not give full effect to the principle of equal remuneration for men and women for work of equal value established by the Convention. In its previous comments, the Committee recalled that, in accordance with the Convention, men and women workers are entitled to equal remuneration, not only where conditions of work, vocational qualifications and output are equal, but also where these aspects are different and their work as a whole, that is, the combination of tasks performed by men and women workers is of equal value. It also noted that section L.86(7) of the Labour Code provides that collective agreements must contain “provisions concerning procedures for the application of the principle of equal pay for equal work for women and young persons”. The Committee notes that, up to now, the Government has reiterated its willingness to take the necessary measures to ensure the incorporation of the principle established by the Convention into the legislation, and indicated that a draft bill concerning non-discrimination at work, amending and supplementing certain provisions of the Labour Code, had been drawn up and was in the process of being adopted. The Committee notes, however, the Government’s indication in its report that the draft bill has still not been adopted, and that the adoption of such legislative provisions and the implementation of the concept of “equal value” might lead to implementation or practical difficulties as no classification of jobs or work of equal value yet exist. The Committee recalls that the concept of “work of equal value” is the cornerstone of the Convention and that legal provisions that do not give full effect to the principle established by the Convention impede the elimination of discrimination against women with regard to remuneration. In the absence of a clear legislative framework requiring equal remuneration for men and women for work of equal value, it is difficult for a country to demonstrate that this right is ensured in practice. The Committee also wishes to draw the Government’s attention to the fact that, while the Convention is flexible regarding the measures to be used and the timing in achieving its objective, it allows no compromise in the objective to be pursued (General Survey on the fundamental Conventions, 2012, paragraph 670). The Committee therefore once again asks the Government to take the necessary measures, without delay, to give full legislative expression to the principle of equal remuneration for men and women for work of equal value, and to provide information on the progress made in amending sections L.86(7) and L.105 of the Labour Code.

Article 3. Objective job evaluation. Since 2006, the Committee has been drawing the Government’s attention to the need to use objective and non discriminatory criteria, such as the required skills, effort, responsibility and working conditions, to evaluate a job and analyse the tasks involved. It also noted that a study conducted in 2009, with ILO support, found that it was necessary to establish an objective classification of jobs. The Committee notes that the Government indicates the need for the intervention of several different institutions for this purpose, each with its own priority measures to be taken, and that for this reason, measures to improve the way in which jobs are objectively evaluated have not yet been implemented. The Government also indicates in its report that it will take action in this respect, but gives no further information on the timing envisaged for this purpose, or on the measures planned to promote a job evaluation method based on objective and non-discriminatory criteria. The Committee wishes to recall that the concept of equal value necessarily implies the adoption of a method that allows for the relative value of different jobs to be measured and compared objectively, whether at the enterprise or sector level, national level, in the framework of collective bargaining or through wage-setting mechanisms. Regarding the Government’s suggestion that the ILO provide its member States with a universal job classification system to facilitate their task, the Committee draws the Government’s attention to the fact that it may avail itself of ILO technical assistance, if it so wishes. The Committee once again invites the Government to examine the measures to be taken to implement objective job evaluation methods to address the persistent gender pay gap. It encourages the Government to carry out, in cooperation with the social partners, awareness raising activities on the concept of “work of equal value” and the importance of using objective job evaluation systems, free from gender bias (namely under evaluation of skills considered as “natural” for women, such as dexterity and those required in caring professions, and the over-evaluation of skills traditionally considered as “masculine”, such as physical force), and requests the Government to provide information on any measures taken in this regard.

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

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

Article 3 of the Convention. Objective job evaluation. For a number of years the Committee has been drawing the Government’s attention to the need to use objective and non-discriminatory criteria, such as skills required, effort, responsibilities and conditions of work, for job evaluation through the examination of the tasks involved. It also previously noted that a study conducted in 2009 with ILO support concluded that it was necessary to have an objective job classification. The Committee notes the Government’s reaffirmation that steps are being taken to improve the manner in which jobs are objectively evaluated and that information will be provided in this respect. The Committee again requests the Government to supply information on the specific steps taken to encourage objective job evaluation and the revision of job classifications, for both the public and private sectors, in cooperation with the employers’ and workers’ organizations.

Enforcement. The Committee notes the Government’s statement that the issue of wage equality is taken fully into account by labour inspectors. However, the Committee observes that no evidence to support this statement is provided. The Committee again requests the Government to supply information, including any extracts from inspection reports, on the specific monitoring activities conducted in enterprises by labour inspectors with regard to pay equality and on any complaint relating to pay discrimination received by labour inspectors. The Government is also requested to indicate whether awareness-raising and training activities concerning equal remuneration are being conducted or planned for labour inspectors and judges, to enable them to detect gender wage disparities and to take the appropriate measures to eliminate them.

Statistics. The Committee notes the Government’s indication that the issue of statistics is being addressed. The Committee requests the Government once again to take the necessary steps to collect data on pay levels for men and women in the public and private sectors and hopes that it will soon be in a position to provide such information. The Committee also requests the Government to provide any data available or any estimate that would enable it to evaluate gender pay gaps in the labour market.

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

Article 1 of the Convention. Legislation. For a number of years the Committee has been emphasizing that section L.105 of the Labour Code, which provides that “where conditions of work, vocational qualifications and output are equal, wages shall be equal for all workers, regardless […] of sex”, does not give full effect to the principle of equal remuneration for men and women for work of equal value established by the Convention. The Committee recalls that, in accordance with the Convention, men and women workers are entitled to equal remuneration, not only where conditions of work, vocational qualifications and output are equal, but also where these aspects are different and their work as a whole, that is, the combination of tasks performed by men and women workers is of equal value. Moreover, the Committee has noted that section L.86(7) of the Labour Code provides that collective agreements must contain “provisions concerning procedures for the application of the principle of ‘equal pay for equal work’ for women and young persons”. The Committee recalls that the principle of “equal remuneration for work of equal value” includes, but goes beyond the concept of equal remuneration for equal work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value. The Committee notes that the Government reaffirms its willingness to take the necessary steps to incorporate the principle established by the Convention in the legislation. The Government indicates that a bill concerning non-discrimination at work, amending and supplementing certain provisions of the Labour Code, has been drawn up and is in the process of being adopted. The Committee asks the Government to ensure that the bill amending and supplementing the Labour Code incorporates the principle of equal remuneration for men and women for work of equal value and that sections L.86(7) and L.105 of the Labour Code are amended accordingly. The Committee asks the Government to supply information on any progress made in the legislative process and to provide a copy of the legal text once it has been adopted.

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

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

Article 1 of the Convention. Legislation. The Committee recalls that, pursuant to article 25 of the Constitution of 22 January 2001, “no one may be prejudiced in work by reason of his or her origins, sex, opinions, political choices or beliefs”. Furthermore, section L.1 of the Labour Code provides that “the State shall ensure equality of opportunity and treatment for citizens with regard to access to vocational training and employment, without distinction on the basis of origin, race, sex or religion”. Section L.29 of the Labour Code also provides that “it shall be prohibited for any employer to take into consideration affiliation to a trade union or the exercise of a trade union activity when making decisions with regard to recruitment, the performance and distribution of work, vocational training, promotion, remuneration and the granting of social benefits, disciplinary measures and dismissal”. The Committee notes that the above provisions do not cover all the grounds of discrimination prohibited by the Convention, as they omit national extraction and colour, and do not explicitly refer to social origin. The Committee further notes that the Constitution and the Labour Code do not provide a basis for ensuring protection against discrimination in all aspects of employment and occupation, that is regarding not only access to employment and the various occupations, but also access to vocational training and terms and conditions of employment. The Committee notes the Government’s indication that a bill on non-discrimination at work, amending and supplementing certain provisions of the Labour Code, has been drafted and is in the process of being adopted. The Committee requests the Government to ensure that the bill amending the Labour Code explicitly defines and prohibits direct and indirect discrimination on the basis of at least all the grounds listed in Article 1(1)(a) of the Convention, namely race, colour, sex, religion, political opinion, national extraction or social origin, and that all aspects of employment and occupation, including terms and conditions of employment, are covered. The Committee requests the Government to provide information on the progress made in the legislative process and to send a copy of the legal text, once it has been adopted.

Article 2. Equality of opportunity and treatment for men and women. In its previous comments, the Committee referred to the observations of the International Trade Union Confederation (ITUC) and the National Federation of Independent Trade Unions of Senegal (UNSAS), which emphasized the gender segregation in the labour market, the high rate of illiteracy among women and the low school enrolment rate of girls. It also noted the launching of the National Strategy on Gender Equality and Equity (SNEEG) in December 2007. The Committee notes with interest the measures taken by the Government to implement the SNEEG involving action from 13 ministries, technical and financial partners and civil society organizations in relation to women’s access to factors of production and financial resources, the reinforcement of the technical and managerial skills needed by women to carry on their economic activities, and the improvement of women’s living and working conditions, including lighting their domestic workload. The Committee notes the Government’s indication that the actions undertaken have generated specific improvements, such as diversification of women’s activities, improvement of their productive capacity in fishing, increased credit for women’s initiatives, strengthening of women’s technical capacities in various areas of vocational training, implementation of a project to support women entrepreneurs, improved access to drinking water and the construction of community childcare facilities. The Government also emphasizes that the increase in the number of women’s associations has enhanced women’s capacity for organization and action. The Committee encourages the Government to continue its efforts to improve the situation of women in employment and occupation and to ensure that women and men enjoy equality of opportunity and treatment. The Government is requested to continue providing information on the measures taken in this area and their results, particularly as regards access to resources and factors of production, the development of vocational training, the reinforcement of measures to lighten the work of women and services to provide care for children and senior citizens.

Specialized body. Noting that a preliminary draft decree regulating the structure and functioning of the “observatory on discrimination” is also being drafted, the Committee requests the Government to provide information on progress made in this respect and to send a copy of the text.

Statistics. In its previous comments, the Committee requested the Government to provide statistical information on the activity rates of men and women in the private and public sectors, as well as in the informal economy, and on their participation in vocational training. The Committee notes that the Government’s report does not contain any information on this matter and recalls that reliable and updated data are essential to identify any discrimination between men and women and to evaluate the measures adopted to overcome it. The Committee trusts that the Government will soon be in a position to provide such statistical data, and requests it to take the necessary measures for the compilation and analysis of such data relating to employment and training.

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

Article 1 of the Convention. Legislation. For a number of years the Committee has been emphasizing that section 105 of the Labour Code, which states that where conditions of work, vocational qualifications and output are equal, wages shall be equal for all workers, regardless of sex, does not give full effect to the principle of equal remuneration for men and women for work of equal value established by the Convention. According to the Convention, men and women workers are entitled to equal remuneration not only where conditions of work, vocational qualifications and output are equal but also where these aspects are different and their work as a whole, i.e. the total combination of tasks that they perform, has equal value. Moreover, the Committee notes that section L.86(7) of the Labour Code provides that collective agreements must contain provisions concerning procedures for the application of the principle of “equal pay for equal work” for women and young persons. With reference to its general observation of 2006, in which it explains the importance of the concept of “equal value”, the Committee emphasizes that “work of equal value” includes the concept of equal remuneration for equal work but goes beyond it since it also encompasses work which, though being entirely different in nature, is nevertheless of equal value. The Committee therefore asks the Government to take the necessary steps to ensure that the principle of equal remuneration for men and women for work of equal value is incorporated into the Labour Code and that sections L.86 and L.105 of the Labour Code are amended accordingly. The Government is also requested to supply information on any measures taken or contemplated in this regard.

Article 3. Objective job evaluation. In its previous comments the Committee drew the Government’s attention to the need to use objective and non-discriminatory criteria, such as skills required, effort, responsibilities and conditions of work, for job evaluation through the examination of the tasks involved. The Committee notes that the Government refers to a study conducted in 2009, with the support of the ILO, concluding that it is necessary to establish an objective classification of jobs. It also notes the Government’s indication that the necessary steps are being taken to promote objective job evaluation. The Committee therefore asks the Government to supply information on the specific steps taken to encourage objective job evaluation, for both the public and private sectors, in collaboration with the employer’s and workers’ organizations. The Government is also requested to indicate the action taken to follow up on the conclusions of the 2009 study referred to above.

Monitoring of application. The Committee notes that, according to the Government’s report, no violation of section 105 of the Labour Code has been recorded by the labour inspection services and no court decisions on the subject are available. The Committee asks the Government to supply information on the specific monitoring activities conducted in enterprises by labour inspectors with regard to pay equality and to indicate whether information or training activities concerning equal remuneration are being conducted or planned for labour inspectors and magistrates.

Statistical information. The Committee notes that the Government again indicates that the requested statistics are not available. The Committee asks the Government to take the necessary steps to collect data on pay levels for men and women in the public and private sectors and hopes that it will soon be in a position to supply such information.

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

Article 1 of the Convention. Legislation. The Committee notes that, pursuant to article 25 of the Constitution of 22 January 2001, “no one may be prejudiced in work by reason of her or his origins, sex, opinions, political choices or beliefs”. Furthermore, section L.1 of the Labour Code provides that “the State shall ensure equality of opportunity of treatment for citizens with regard to access to vocational training and employment, without distinction on the basis of origin, race, sex and religion”. Section 29 of the Labour Code also provides that “it shall be prohibited for any employer to take into consideration affiliation to a trade union or the exercise of a trade union activity when making decisions with regard to recruitment, the performance and distribution of work, vocational training, promotion, remuneration and the granting of social benefits, disciplinary measures and dismissal”. The Committee notes that these constitutional and statutory provisions do not cover all the grounds of discrimination prohibited by the Convention, as they omit national extraction and colour, and do not explicitly refer to social origin. The Committee further notes that the Constitution and the Labour Code do not provide a basis for ensuring protection against discrimination at all stages of employment and occupation, that is not only with regard to access to employment and the various occupations, but also access to vocational training and terms and conditions of employment. The Committee recalls that the Convention requires Members which ratify it to ensure protection against discrimination in relation to the seven grounds enumerated in Article 1(1)(a) of the Convention, namely race, colour, sex, religion, political opinion, national extraction or social origin in all stages of employment. It considers that in most cases comprehensive anti discrimination legislation, defining direct and indirect discrimination and prohibiting it at all stages of employment and occupation, is necessary for the effective application of the Convention. In the light of the above, the Committee requests the Government to examine the possibility of amending the Labour Code so that it defines and explicitly prohibits direct and indirect discrimination based, on at least the grounds of discrimination enumerated in Article 1(1)(a) of the Convention, at all stages of employment and occupation. The Committee requests the Government to provide information on any measures adopted or envisaged in this respect.

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

Article 2 of the Convention. Equality of opportunity and treatment for men and women. In its previous comments, the Committee referred to the observations of the International Trade Union Confederation (ITUC) of 23 September 2003 and the National Federation of Independent Trade Unions of Senegal (UNSAS) of 16 October 2006, which emphasized the gender segregation in the labour market, the high rate of illiteracy among women and the low school enrolment rate of girls. It also noted the launching of the National Strategy on Gender Equality and Equity (SNEEG) in December 2007. The Committee notes that according to the Government’s brief report, the SNEEG is currently being disseminated to the actors concerned, and particularly to state institutions and civil society. The Government indicates that in the context of the implementation of the SNEEG, the Act on Gender Parity in Electoral Lists was adopted in 2010 and the number of women in the Government rose following the latest Government reshuffle. It also emphasizes that many awareness-raising and training activities on equality, including workshops and conferences, are carried out with the active participation of workers’ and employers’ organizations. The Committee further notes that a plan for the implementation of the SNEEG for 2009–15 was adopted in March 2009 and that it includes a number of measures to increase economic power and autonomy of women (Effect 3), with the particular objectives of: (1) women gaining access to factors of production and financial resources; (2) women obtaining the technical and managerial skills necessary to carry on their economic activities; and (3) women having more time to devote to production activities. Among these measures, the Committee observes that it is first envisaged to draw up an assessment concerning the access of women to resources and production factors, and an evaluation of needs for the reinforcement of the capacities of active women. It also notes that the drafting and implementation is envisaged of a plan and a programme for the reinforcement of facilities to lighten the work of women. The Committee requests the Government to provide information on the implementation of the measures under the SNEEG in relation to access to resources and factors of production, including land and vocational training, with an indication of their impact on gender segregation in the labour market. The Committee also requests the Government to provide any available information on the impact of the plan and the programme for the reinforcement of facilities to lighten the work of women on the development of women’s training and employment for women.

Statistics. In its previous comments, the Committee asked the Government to provide statistical data on the activity rates of men and women in the private and public sectors, as well as in the informal economy, and on their participation in vocational training. Noting the Government’s indication that such statistics are not available, the Committee trusts that the Government will soon be in a position to provide such statistical data, and requests it to take the necessary measures for the compilation and analysis of such data on employment and training, which are indispensable to identify any discrimination between men and women and to evaluate the measures adopted to overcome it.

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

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

Trade union comments. The Committee refers to its previous comments on a communication of 26 October 2006 from the National Confederation of Senegalese Workers (CNTS) drawing attention to wage inequality between men and women caused by family-related tax benefits granted only to men. The Committee notes from the Government’s report that following the adoption in January 2008 of Act No. 2008-01 amending certain provisions of the General Tax Code, the tax advantages previously granted only to male workers are now granted to women workers as well. The Committee asks the Government to provide information on the application of this provision in practice, including information on any judicial and administrative rulings handed down in this connection. Please also provide a copy of the abovementioned Act.

Articles 1 and 2 of the Convention. With regard to section 105 of the Labour Code, which provides that where conditions of work, professional qualifications and output are equal, wages shall be equal for all workers without distinction as to sex, the Committee notes the Government’s statement that, in its opinion, the reference to the concept of output allows fair comparison of different jobs for the purpose of applying the principle of the Convention. The Committee nevertheless draws the Government’s attention to paragraph 54 of its General Survey of 1986 and points out in particular that, as experience has shown, “insistence on ‘equal conditions as regards work, skill and output’ can be taken as a pretext for paying women lower wages than men”. Consequently, the Committee stresses that the focus should be more on the “nature of the work”, which affords an objective basis for a comparison of tasks. The Committee urges the Government to take this into account in applying the principle of the Convention and asks it to send detailed information on all measures taken or envisaged to this end. It also asks the Government to provide information on any breaches of section 105 reported by the labour inspectorate, how they were resolved and any relevant judicial decisions.

Article 3. Objective job evaluation. While noting that the Government is exploring measures to improve methods for evaluating jobs objectively, the Committee draws the Government’s attention to its general observation of 2006. It points out in particular that in order to determine whether different jobs are of equal value, it is necessary to examine the tasks involved on the basis of criteria that are entirely objective and non-discriminatory, such as the skills they require, the effort, the responsibilities and the conditions of work. The Committee asks the Government to provide information on progress made in promoting objective job evaluation free from gender bias.

Statistical information. The Committee notes that, according to the Government, no statistical information is available. The Committee hopes that the Government will be in a position to provide in its next report full statistical information on the remuneration of men and women in the various sectors and branches of economic activity.

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

The Committee recalls its previous observation referring to communications from the International Confederation of Free Trade Unions (ICFTU), now the International Trade Union Confederation (ITUC), of 23 September 2003 and the National Union of Autonomous Trade Unions of Senegal (UNSAS) of 16 October 2006, which drew attention to occupational sex segregation and also to the high rate of female illiteracy and the low school enrolment rate for girls in the country. In this regard, the Committee requested the Government to harmonize the national legislation with the principle of equal opportunity and treatment provided for in the Convention and also asked it to take appropriate measures to establish an equal opportunities policy aimed at promoting greater access for women to education and work, including access to traditionally male-dominated jobs, self-employment and managerial and decision-making posts. The Committee also asked the Government to take steps to promote awareness raising and training on issues relating to gender equality.

The Committee notes from the Government’s report that numerous decrees have been adopted in order to remove the discriminatory provisions contained in the country’s legislation which prevented women employees from having their spouses and children as dependants in relation to benefits such as family allowances. The Committee also notes that a “National Strategy on gender equality and equity” (SNEEG) was launched in December 2007, which was formulated with the assistance of employers’ and workers’ organizations. The Committee also notes that women are now being recruited for the customs service (since 2005), the national police force (since 2006), the armed forces (since 2007) and the gendarmerie (since 2006), areas which were traditionally reserved for men. The Committee also notes that, according to the Government’s report, many activities to raise awareness with regard to the principle of the Convention are regularly conducted for the interested parties. Nevertheless, the Committee notes that no statistical data are available to enable it to gain a general picture of progress made in the application of the Convention.

The Committee requests the Government:

(i)    to provide information on any progress made in harmonization of the legislation with the principle of equality of opportunity and treatment between men and women in employment or occupation;

(ii)   to supply detailed information on the measures taken or contemplated to implement the “National Strategy on gender equality and equity” and also their impact in practice;

(iii) to provide further details on awareness-raising and training activities which are currently being conducted on the principle of equality, indicating, in particular, the beneficiaries of these initiatives and the manner in which employers’ and workers’ organizations participate in such activities;

(iv) to provide statistical information on the participation of men and women in the various levels of education and training, disaggregated by sex, and on their participation in employment or work in the public and private sectors (according to categories of employment or occupations) and also in the informal economy; and

(v)   to provide information on any matters brought to the attention of the labour inspection services or judicial authorities with regard to the application of the Convention.

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

1. Trade union comments. The Committee notes the comments made by the National Confederation of Senegalese Workers (CNTS) concerning the application of the Convention, which were forwarded by the Government in a communication dated 26 October 2006. CNTS considers that women receive lower remuneration than men for work of equal value due to family-related fiscal advantages being granted only to men. In its reply, the Government states that family status may influence the level of remuneration and that the question of equal remuneration in this context is under examination. The Committee asks the Government to provide further information on this matter and the measures taken to promote and ensure the full application of the principle of equal remuneration for men and women for work of equal value.

2. Articles 1 and 2. Equal remuneration for work of equal value. The Committee recalls that section 105 of the Labour Code provides that, in equal working conditions, professional qualifications and output, the salary shall be equal for all workers irrespective of origin, sex, age or status. The Committee stated previously that, while criteria such as a worker’s skills or output allow a comparison of the tasks performed by different persons carrying out work of the same or similar nature, they do not provide a sufficient basis for the application of the principle laid down in the Convention, particularly where men and women, in practice, carry out work which is of a different nature but nevertheless of equal value. The Committee asks the Government to indicate in its next report whether any measures have been taken to bring section 105 of the Labour Code into full conformity with the Convention. The Committee also asks the Government to provide information on the practical application of section 105 of the Labour Code, including information on any violations found by the labour inspectorate, and remedies provided, as well as relevant court decisions.

3. Article 3. Objective job evaluation. The Committee recalls that in the public service, job categories and grades are based on the level of the required diploma, and the length of the training or education received. It notes the statistical information provided by the Government concerning the distribution of men and women in the different job categories and grades, and the level of remuneration attached to them. Regarding the private sector, the Government stated in a previous report that the criteria used by the tripartite interoccupational commission to determine wages were based on the characteristics of the post and qualifications of the worker. The Committee notes that criteria such as educational attainment are unrelated to sex and may thus be used in the determination of remuneration. However, the Committee also recalls that the Convention emphasizes the work or tasks actually performed as a basis for analysing and classifying jobs with a view to determining remuneration, which presupposes the use of some method to evaluate jobs in an objective manner. Particular care must be taken to ensure that there is no gender bias in the selection and weighting of criteria, as criteria traditionally associated with “female” jobs are often undervalued. The Committee therefore asks the Government to indicate in its next report any measures taken to promote objective job evaluation on the basis of the work performed in the private and public sectors.

4. Statistical information. The Committee asks the Government to provide full statistical information on the remuneration received by men and women, in the different sectors and branches of economic activity, as soon as such data becomes available.

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

1. The Committee notes the Government’s report which contains information in reply to the communication received from the International Confederation of Free Trade Unions (ICFTU) dated 23 September 2003, as well as information concerning certain matters raised by the Committee in its previous comments. The Committee also notes the communication dated 16 October 2006 received from the National Union of Autonomous Trade Unions of Senegal (UNSAS) and the Government’s response thereto.

2. The Committee recalls that the ICFTU expressed concerns over the concentration of women in low-quality jobs both in the public and private sectors. According to the ICFTU, women have less access to better paid occupations and the majority of them are employed in rural and informal economy work. Female illiteracy is very high and school enrolment of girls is low. UNSAS states that discrimination against women exists in practice and confirms that women are concentrated in low-quality jobs, often without access to social protection.

3. The Government states that no legal provision discriminates against women in respect of employment and occupation and that the process of harmonizing the legislation with the Convention on the Elimination of All Forms of Discrimination against Women was still ongoing. The Government contests the allegations concerning discrimination in practice, stating that women are more likely to be attracted by some occupations than others due to their “social and family obligations”. The statistical information provided by the Government indicates that 22.6 per cent of the civil servants are women, with a very high concentration in occupations relating to health and social affairs. The proportion of women in category A of the civil service is as low as 8.7 per cent. As regards access to education and training, the report indicates that some progress has been made concerning the enrolment of girls and addressing female illiteracy. According to the data provided, the overall enrolment rate for girls is 80.6 per cent compared to 82.5 for boys. However, the Committee notes that girls participate in education beyond the primary level at a much lower rate than boys.

4. The Committee stresses the need for the Government to continue to review the legislation, particularly the Family Code, and to repeal provisions that contradict the principle of gender equality, as such provisions have an adverse impact on the enjoyment by women of their human right to equality of opportunity and treatment in employment and occupation. However, the Committee also notes that a national policy, as envisaged in Article 2 of the Convention, not only consists of ensuring non-discrimination and equality before the law, but must also include an equal opportunity policy offering everyone, without distinction based on sex or other grounds, equal means and opportunities for training and employment. Taking into consideration the information received, the Committee considers that further measures are required to address the existing gender imbalances in respect of education, employment and occupation, including through a proactive policy to promote gender equality at work and in society at large that avoids stereotypical assumptions regarding women’s aspirations, capabilities and social roles. The Committee requests the Government to provide, in its next report, detailed information on the following:

(a)   the progress made in harmonizing the legislation with the principle of gender equality;

(b)   the measures taken to implement an equal opportunities policy that enables women to access education and work on an equal footing with men, including access to traditionally male-dominated jobs, self-employment, and decision-making and management positions;

(c)   the measures taken to promote awareness and training on gender equality issues as may be necessary to secure acceptance and observance of the national equality policy, including measures taken in cooperation with employers’ and workers’ organizations and other appropriate bodies; and

(d)   the results achieved regarding these matters, including statistical information on enrolment in education and training at the various levels, disaggregated by sex, and the participation of men and women in employment and work in the private and public sectors (according to job categories or occupations), as well as the informal economy.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

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

1. Article 2 of the Convention. Application of the principle in the public service. The Committee notes the information that the criteria used for classification within the various ranks of workers in the public service are based on level of diploma and the length of vocational training. However, it notes that the information provided does not enable the Committee to evaluate the application in practice of the principle of equal remuneration of men and women workers for work of equal value. Please provide information on the number of men and women in each level of classification and the corresponding levels of remuneration.

2. Article 2 and Part V of the report form. Application of the principle in the private sector - statistics and practical measures. The Committee reiterates its earlier reminder to the Government that, under Article 2 of the Convention, a State which ratifies the Convention is obliged to ensure the application in practice of the principle of equal remuneration for men and women workers for work of equal value, by means appropriate to the methods in operation for determining rates of remuneration in the country. Even where the State does not intervene in the determination of wages, it must promote the application of the principle. The Committee is therefore bound to reiterate its earlier request to the Government to provide with its next report statistical data on the distribution of men and women, length of service and level of qualification, and in particular on the percentage of women employed in agricultural and allied occupations, or as domestic and household staff, as well as on the distribution of men and women at the various wage levels in these sectors and in the food industry. It also asks the Government to provide information with its next report on labour inspection activities relating to the application of the principle of equal remuneration for men and women workers for work of equal value and to provide information on any measures adopted or envisaged to improve the skill levels of women and their access to decision-making positions.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

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

The Committee notes the very brief report provided by the Government, including its response to the comments sent by the International Confederation of Free Trade Unions (ICFTU) dated 23 September 2003, indicating discrimination against women in employment and occupation.

1. Article 2 of the Convention. Discrimination against women in practice. In its comments, the ICFTU states that although there might not be any discrimination in law between men and women, in practice women are concentrated in poorer jobs in the public and private sectors. They have less access to higher paid professions and the majority are employed in rural and informal economy work. Female illiteracy is very high and school enrolment of girls is low. The Committee notes the Government’s statement that it will provide a reply on these comments in the future, and hopes that the Government will make every effort to include the information in its next report.

2. The Committee notes that the Government’s report does not provide any information with regard to its previous comments, which in fact also relate to the comments made by the ICFTU under point 1 of this direct request. It therefore must repeat its previous comments which included the following points:

(a)  Article 2. National policy. Please keep the Committee informed of any developments with regard to: (i) the harmonization of the legislation with the United Nations Convention on the Elimination of All Forms of Discrimination Against Women [...], including the adoption of the two texts on the organizations for the protection of women’s rights; and (ii) the adoption of the two Bills that are being considered, one to ensure gender equality in respect of invalidity, survivors’ and old-age benefits, and the other to enable women’s dependants to benefit from the advantages afforded to them by law.

(b)  Article 3(b). Awareness raising. The Government is requested to provide information on the efforts made to combat discrimination at work and raise awareness among administrative authorities and employers about equal opportunities and treatment.

(c)  Article 3(d). Access of women to the public service. Noting that women are appointed to a variety of posts in the public service, the Committee asks the Government to provide statistical data on men and women in the public service.

(d)  Article 3(e). Access to vocational training. The Committee would be grateful to receive information, including statistics, on: (i) the increase in the number of girls in general secondary education and the overall school registration rate, and on the introduction of the gender training module in the National Institute of Higher Education; (ii) the rehabilitation of women’s technical educational centres, the type of training they provide, the number of students, and on the specific measures taken to ensure that women’s occupational skills are also promoted and developed; and (iii) the measures taken for the development of women entrepreneurs.

(e)  Please provide information on the content and follow-up of the launching of a girls’ school enrolment programme (SCOFI) and the establishment of community schools, the project to support the "new school" and the finalization and implementation of the Ten-year Education and Training Programme (1998-2007), and their impact on equality of opportunity and treatment in Senegalese society and in the labour market, particularly in rural areas.

The Committee hopes that the Government will make every effort to include this information in its next report.

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

The Committee notes the very brief report provided by the Government, including its response to the comments sent by the International Confederation of Free Trade Unions (ICFTU) dated 23 September 2003, indicating discrimination against women in employment and occupation.

1. Article 2 of the Convention. Discrimination against women in practice. In its comments, the ICFTU states that although there might not be any discrimination in law between men and women, in practice women are concentrated in poorer jobs in the public and private sectors. They have less access to higher paid professions and the majority are employed in rural and informal economy work. Female illiteracy is very high and school enrolment of girls is low. The Committee notes the Government’s statement that it will provide a reply on these comments in the future, and hopes that the Government will make every effort to include the information in its next report.

2. The Committee notes that the Government’s report does not provide any information with regard to its previous comments, which in fact also relate to the comments made by the ICFTU under point 1 of this direct request. It therefore must repeat its previous comments which included the following points:

(a)  Article 2. National policy. Please keep the Committee informed of any developments with regard to (i) the harmonization of the legislation with the United Nations Convention on the Elimination of All Forms of Discrimination Against Women [...], including the adoption of the two texts on the organizations for the protection of women’s rights; and (ii) the adoption of the two Bills that are being considered, one to ensure gender equality in respect of invalidity, survivors’ and old-age benefits, and the other to enable women’s dependants to benefit from the advantages afforded to them by law.

(b)  Article 3(b). Awareness raising. The Government is requested to provide information on the efforts made to combat discrimination at work and raise awareness among administrative authorities and employers about equal opportunities and treatment.

(c)  Article 3(d). Access of women to the public service. Noting that women are appointed to a variety of posts in the public service, the Committee asks the Government to provide statistical data on men and women in the public service.

(d)  Article 3(e). Access to vocational training. The Committee would be grateful to receive information, including statistics, on (i) the increase in the number of girls in general secondary education and the overall school registration rate, and on the introduction of the gender training module in the National Institute of Higher Education; (ii) the rehabilitation of women’s technical educational centres, the type of training they provide, the number of students, and on the specific measures taken to ensure that women’s occupational skills are also promoted and developed; (iii) the measures taken for the development of women entrepreneurs.

(e)  Please provide information on the content and follow-up of the launching of a girls’ school enrolment programme (SCOFI) and the establishment of community schools, the project to support the "new school" and the finalization and implementation of the Ten-year Education and Training Programme (1998-2007), and their impact on equality of opportunity and treatment in Senegalese society and in the labour market, particularly in rural areas.

The Committee hopes that the Government will make every effort to include this information its next report.

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

1. The Committee notes the comments made by the International Confederation of Free Trade Unions (ICFTU) of 23 September 2003. Noting that the issues raised relate to the application by Senegal of Convention No. 111, the Committee refers to its comments on that Convention.

2. The Committee notes the information in the Government’s brief report which does not provide any reply to the points raised in its previous direct request. The Committee must therefore repeat its previous comments which read as follows:

(a) Article 2. Application of the principle in the public service. The Committee notes the information that the criteria used for classification within the various ranks of workers in the public service are based on level of diploma and the length of vocational training. However, it notes that the information provided does not enable the Committee to evaluate the application in practice of the principle of equal remuneration of men and women workers for work of equal value. Please provide information on the number of men and women in each level of classification and the corresponding levels of remuneration.

(b) Article 2 and Part V of the report form. Application of the principle in the private sector - statistics and practical measures. The Committee reiterates its earlier reminder to the Government that, under Article 2 of the Convention, a State which ratifies the Convention is obliged to ensure the application in practice of the principle of equal remuneration for men and women workers for work of equal value, by means appropriate to the methods in operation for determining rates of remuneration in the country. Even where the State does not intervene in the determination of wages, it must promote the application of the principle. The Committee is therefore bound to reiterate its earlier request to the Government to provide with its next report statistical data on the distribution of men and women, length of service and level of qualification, and in particular on the percentage of women employed in agricultural and allied occupations, or as domestic and household staff, as well as on the distribution of men and women at the various wage levels in these sectors and in the food industry. It also asks the Government to provide information with its next report on labour inspection activities relating to the application of the principle of equal remuneration for men and women workers for work of equal value and to provide information on any measures adopted or envisaged to improve the skill levels of women and their access to decision-making positions.

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

The Committee notes the comments sent by the International Confederation of Free Trade Unions (ICFTU) dated 23 September 2003, which contain information concerning discrimination on the grounds of sex. These comments were forwarded to the Government on 20 October 2003 and the Committee will address them at its next session, together with the Government’s responses to these comments and to the direct request made in 2002.

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

The Committee notes the comments sent by the International Confederation of Free Trade Unions (ICFTU) dated 23 September 2003, which contain information concerning the application of the Convention. These comments were forwarded to the Government on 20 October 2003 and the Committee will address them at its next session, together with any response the Government may make to these comments and to the direct request made in 2002.

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

The Committee notes the brief information contained in the Government’s report.

1. The Committee notes the information that the criteria used for classification within the various ranks of workers in the public service are based on level of diploma and the length of vocational training. However, it notes that the information provided does not enable the Committee to evaluate the application in practice of the principle of equal remuneration of men and women workers for work of equal value. Please provide information on the number of men and women in each level of classification and the corresponding levels of remuneration.

2. The Committee reiterates its earlier reminder to the Government that, under Article 2 of the Convention, a State which ratifies the Convention is obliged to ensure the application in practice of the principle of equal remuneration for men and women workers for work of equal value, by means appropriate to the methods in operation for determining rates of remuneration in the country. Even where the State does not intervene in the determination of wages, it must promote the application of the principle. The Committee is therefore bound to reiterate its earlier request to the Government to provide with its next report statistical data on the distribution of men and women, length of service and level of qualification, and in particular on the percentage of women employed in agricultural and allied occupations, or as domestic and household staff, as well as on the distribution of men and women at the various wage levels in these sectors and in the food industry. It also asks the Government to provide information with its next report on labour inspection activities relating to the application of the principle of equal remuneration for men and women workers for work of equal value and to provide information on any measures adopted or envisaged to improve the skill levels of women and their access to decision-making positions.

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

The Committee notes the Government’s report.

1. The Committee notes with interest the strengthening of the principle of equality between the sexes in the Constitution of 22 January 2001, in which article 25 provides that "everyone has the right to work" and that "no one may be impeded in their work by reason of their origins, sex, opinions, political choices or beliefs". The Committee also notes that education is a national priority, as set out in article 22 of the Constitution, which provides that "The State has the duty and the task of education and training of youth by public schools. All children, boys and girls, throughout the national territory, have the right of admission to school."

2. The Committee notes that, according to the report of the Committee on the Elimination of Racial Discrimination (CERD) of 19 November 2001 (CERD/C/408/Add.2), the Government has undertaken to correct the disparities between the sexes and regions and make education universal through mechanisms to increase the school population (ages 7 to 12 years). It notes, inter alia, the launching of a girls’ school enrolment programme (SCOFI) and the establishment of community schools (paragraph 83(c)), the project to support the "new school" (paragraph 83(d)) and the finalization and implementation of the Ten-year Education and Training Programme (1998-2007), "which will make it possible to correct geographical imbalances in school enrolment, make better provision for children with disabilities and ultimately achieve the goal of education for all" (paragraph 83(f)). The Committee would be grateful to be kept informed of the content and follow up of these various measures, as well as their impact on equality of opportunity and treatment in Senegalese society and in the labour market, particularly in rural areas.

3. Noting that the Government has not provided a reply to its previous comments, the Committee once again requests the Government to provide information on the points raised, which read as follows:

(i)  As regards education, the Committee would be grateful if the Government would provide information, particularly statistics on the increase in the number of girls in general secondary education and the overall school registration rate, and on the introduction of the gender training module in the National Institute of Higher Education. With regard to vocational training, the Committee requests the Government to provide information on the rehabilitation of women’s technical educational centres, the type of training they provide, the number of students, and on the specific measures taken to ensure that women’s occupational skills are also promoted and developed. It asks the Government to supply specific information on the measures taken for the development of women entrepreneurs. Please also supply information on the efforts made by the Government to combat discrimination at work and raise awareness among administrative authorities and employers about equal opportunities and treatment.

(ii)  The Committee notes from the Government’s report that two Bills are being considered, one to ensure gender equality in respect of invalidity, survivors’ and old-age benefits, and the other to enable women’s dependants to benefit from the advantages afforded to them by law. It also notes the harmonization of the legislation with the United Nations Convention on the Elimination of All Forms of Discrimination Against Women [...] and the two texts on the organizations for the protection of women’s rights. It would be grateful if the Government would provide copies of the legislative texts as soon as they have been adopted.

(iii)  The Committee notes that women are appointed to a variety of posts in the public service. It asks the Government to supply statistical data on men and women in the public service.

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

The Committee notes the Government’s brief report.

1.  The Committee notes the scales determining the wages of workers in a number of sectors, as a function of the category and type of job (employees, supervisors, technicians and similar workers, higher level managers, engineers and similar workers, etc.). It asks the Government to indicate the criteria used by the joint inter-occupational commission for the classification of workers. Noting the Decree of 19 October 1992 respecting the classification, indices and steps in the public service, it asks the Government to provide information on the criteria used for classification within the various ranks (A to E), in addition to educational levels. It once again refers the Government to paragraphs 22 and 23 of its 1986 General Survey on equal remuneration concerning direct or indirect discrimination based on sex.

2.  The Committee once again hopes to receive, as soon as they are available, statistical data on the distribution of men and women at the various wage levels, if possible by occupation, branch of activity, length of service and level of qualification, and in particular on the percentage of women employed in agricultural and allied occupations, or as domestic and household staff, as well as on the distribution of men and women at the various wage levels in these sectors and in the food industry. It also asks the Government to refer to its 1998 general observation on this Convention.

3.  The Committee notes that the Government’s report does not reply to the matters raised in points 3 and 4 of its previous direct request, which read as follows:

3.  Concerning the application in practice of the principle of equal remuneration, the Government indicates that there is no distinction or discrimination made against women in respect of remuneration, whatever the sector of activity. The Committee reminds the Government that, under Article 2 of the Convention, a State which ratifies the Convention is obliged to ensure the application in practice of the principle, by means appropriate to the methods in operation for determining rates of remuneration. Even where the State does not intervene in determination of wages, it must promote the application of the principle. In this connection, the Committee draws the Government’s attention to paragraphs 24 to 30 of its 1986 General Survey on equal remuneration. Noting that section 105 of the new Labour Code adopted on 1 December 1997 is the same as section 104 of the former Labour Code of 1961 and the Inter-Occupational Collective Agreement of 1982, the Committee recalls having observed in its previous direct requests that as such, the terms used did not provide a sufficient basis for the application of the principle enshrined in the Convention, particularly in cases where men and women undertake work of a different nature but of equal value. It once again asks the Government to indicate the criteria used by the joint inter-occupational commission to categorize workers. It also requests the Government to refer to paragraphs 22 and 23 of its 1986 General Survey on equal remuneration which deal with direct and indirect discrimination based on sex.

4.  The Committee notes the Government’s indication that infringements in respect of wages represent 30 to 35 per cent of the infringements reported by the labour inspectorate. It notes the Government’s indication that a large proportion of these infractions stem from employers’ insolvency and from ignorance of wage rights on the part of employees. It requests the Government to continue in its efforts to promote employers’ knowledge and effective application of labour laws. It also requests the Government to supply information on the manner in which infringements in respect of equal remuneration are remedied.

The Committee asks the Government to reply to these matters in its next report.

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

The Committee takes note of the information contained in the Government’s report.

1.  The Committee notes the information supplied in the Government’s report concerning the activities carried out by the National Ministry of the Family and Solidarity to promote equal opportunities in employment and occupation in the areas of education and vocational training, employment and the law. As regards education, the Committee would be grateful if the Government would provide additional information, particularly statistics on the increase in the number of girls in general secondary education and the overall school registration rate, and on the introduction of the gender training module in the National Institute of Higher Education. With regard to vocational training, the Committee requests the Government to provide information on the rehabilitation of the women’s technical educational centres, the type of training they provide, the number of students, and on the specific measures taken to ensure that women’s occupational skills are also promoted and developed. It asks the Government to supply specific information on the measures taken for the development of women entrepreneurs. Please also supply information on efforts of the Government to combat discrimination at work and raise awareness among the administrative authorities and employers about equal opportunities and treatment.

2.  The Committee notes from the Government’s report that two bills are being considered, one to ensure gender equality in respect of invalidity, survivors’ and old‑age benefits, and the other to enable women’s heirs to benefit from the advantages afforded to them by law. It also notes the harmonization of the legislation with the United Nations Convention on the Elimination of All Forms of Discrimination Against Women, the strengthening of the principle of gender equality in the Constitution, and the two texts on the organizations for the protection of women’s rights. It would be grateful if the Government would provide copies of the legislative texts as soon as they have been adopted.

3.  The Committee notes that women are appointed to a variety of posts in the public service. It asks the Government to supply statistical data on men and women in the public service.

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

The Committee notes the Government's report.

1. The Committee notes that wage scales which the Government had indicated would be attached to the report have not been sent since they are currently being updated, and requests the Government to send the information when it is ready. It also notes the Government's indication that the statistics requested as well as those promised are not available. Nevertheless, the Committee once again hopes to receive, as soon as available, statistical data on the distribution of men and women at the various wage levels, and if possible according to occupation, branch of activity, length of service and level of qualification, and in particular on the percentage of women workers employed in agricultural and allied occupations, as domestic and household staff, as well as on the distribution of men and women at the various wage levels in these sectors and in the food industry. It also requests the Government to refer to its 1998 general observation regarding this Convention.

2. In respect of the public sector, the Committee notes that the Government has promised, for a number of years, to supply a copy of the decrees applying section 27 of the 1961 Public Service Regulations, which the Committee has been requesting since 1988. The Committee hopes that the Government will be able to supply this information in its next report.

3. Concerning the application in practice of the principle of equal remuneration, the Government indicates that there is no distinction or discrimination made against women in respect of remuneration, whatever the sector of activity. The Committee reminds the Government that under Article 2 of the Convention a State which ratifies the Convention is obliged to ensure the application in practice of the principle, by means appropriate to the methods in operation for determining rates of remuneration. Even where the State does not intervene in determination of wages, it must promote application of the principle. In this connection, the Committee draws the Government's attention to paragraphs 24 to 30 of its 1986 General Survey on equal remuneration. Noting that section 105 of the new Labour Code adopted on 1 December 1997 is the same as section 104 of the former Labour Code of 1961 and the Inter-Occupational Collective Agreement of 1982, the Committee recalls having observed, in its previous direct requests, that as such, the terms used did not provide a sufficient basis for the application of the principle enshrined in the Convention, particularly in cases where men and women undertake work of a different nature but of equal value. It once again asks the Government to indicate the criteria used by the Joint Inter-Occupational Committee to categorize workers. It also asks the Government to refer to paragraphs 22 and 23 of its 1986 General Survey on equal remuneration which deal with direct and indirect discrimination based on sex.

4. The Committee notes the Government's indication that infringements in respect of wages represent 30 to 35 per cent of infringements reported by the labour inspectorate. It notes the Government's indication that a large proportion of these infractions stem from employers' insolvency and ignorance of wage rights on the part of employees. It requests the Government to continue in its efforts to promote employers' knowledge and effective application of labour laws. It also requests the Government to supply information on the manner in which infringements in respect of equal remuneration are remedied.

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

The Committee notes that the Government's report contains no reply to the previous comments. It must therefore repeat its previous direct request, which read as follows:

1. The Committee notes with interest that a Ministerial Order of 21 June 1991 (No. 5163 MFEM) establishes, within the framework of the Human Resources Development Programme (PDRH), a Support and Coordination Unit (USC) for the "Promotion of the Status of Women" component within the Ministry of Women, Children and the Family, whose mandate is to manage and implement the Ministry's programmes. The Committee also notes that Decree No. 96.398 of 15 May 1996 to reorganize the Ministry of Women, Children and the Family creates a supplementary structure designated "Directorate of Family Welfare", whose responsibilities include supporting and promoting all initiatives which aim to enable women to participate effectively in development and enhance the value of their work and other activities in connection with the promotion of the status of women. The Committee also notes that, according to a report submitted by the Government to the Human Rights Committee (United Nations document CCPR/C/79/Add.82), the Ministry of Women, Children and the Family has initiated plans of action in collaboration with non-governmental organizations as part of its overall efforts to enhanced public awareness of women's issues. The Committee hopes that the Government will provide concrete information in its future reports on the Ministry's activities and programmes and, in particular, on the activities of the Support and Coordination United for the "Promotion of the Status of Women" component and of the Directorate of Family Welfare aimed at promoting equality of opportunity and treatment in respect of employment and occupation.

2. The Committee notes that the Government's report does not answer the questions raised in its direct request of 1995, in which it asked the Government provide specific information on any positive action undertaken in practice to facilitate and promote the access of women and, where appropriate, underprivileged ethnic groups, to training and employment, particularly in jobs and trades in which they are still under-represented. The Committee once again asks the Government to supply this information in its future reports and refers the Government specifically to paragraphs 166 to 169 of its 1988 General Survey on equality in employment and occupation in which it defines "positive action programmes" involving temporary measures directed only at women or other disadvantaged social groups with a view to redressing de facto inequalities affecting their opportunities.

3. The Committee notes the Government's statement to the effect that the situation of women workers in management posts is developing without any hindrance, in terms both of legislation and practice. The Committee also notes the Government's information to the effect that the reaction of employers to awareness-raising measures has been largely positive and that this has been reflected in the increasing number of posts taken by women in sectors traditionally dominated by men. Unfortunately, according to the Government, the 1991 statistics given in its report of 1995 on the number of women employed in the private sector and in the public service are currently the only ones available. These statistics will, however, no doubt be updated in the very near future. The Committee would be grateful if the Government would provide, as soon as they are available, the updated statistics on the number of women employed in the private and public sectors and any developments in the situation with regard to the number of women employed in management posts and in the sectors hitherto dominated by men, which is currently growing, according to the Government's report.

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

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

1. The Committee notes the Government's report, particularly the fact that it has undertaken to communicate to the Committee, as soon as they are available, the statistics on the percentage of women workers in the agricultural and allied occupations and domestic and household staff, and the distribution of men and women at the various wage levels in these two sectors, and in another sector largely occupied by women, the food industry. With regard to the public sector, the Committee notes that the Government has also promised to supply copies of the decrees implementing section 27 of the Public Service Regulations. Observing that one difficulty encountered by governments in applying this Convention arises from lack of knowledge of the actual situation due to the absence or inadequacy of data and research in this sphere, the Committee expresses the hope that the Government will be in a position to supply this information in its next report, along with the scale of wages determined by the Minister of Labour's order, mentioned as being attached to the report but which has not been received.

2. Noting that the Government has not replied to its previous comments on the application in practice of the principle of equal remuneration, the Committee would be grateful if the Government would indicate in its next report:

(a) the measures taken or contemplated to promote or ensure the effective application of the principle of equal remuneration for men and women workers for work of equal value, in accordance with Article 2 of the Convention;

(b) the percentage of offences concerning application of the principle enshrined in the Convention in regard to the wage infringements recorded along with the measures taken by the labour inspectors to remedy cases of infringement of laws and regulations on the matter; and

(c) whether an employer's insolvency has consequences for the application of the principle of equal remuneration for men and women.

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

The Committee notes the information provided by the Government in its report.

1. The Committee notes with interest that a Ministerial Order of 21 June 1991 (No. 5163 MFEM) establishes, within the framework of the Human Resources Development Programme (PDRH), a Support and Coordination Unit (USC) for the "Promotion of the Status of Women" component within the Ministry of Women, Children and the Family, whose mandate is to manage and implement the Ministry's programmes. The Committee also notes that Decree No. 96.398 of 15 May 1996 to reorganize the Ministry of Women, Children and the Family creates a supplementary structure designated "Directorate of Family Welfare", whose responsibilities include supporting and promoting all initiatives which aim to enable women to participate effectively in development and enhance the value of their work, and other activities in connection with the promotion of the status of women. The Committee also notes that, according to a report submitted by the Government to the Human Rights Committee (United Nations document CCPR/C/79/Add.82), the Ministry of Women, Children and the Family has initiated plans of action in collaboration with non-governmental organizations as part of its overall efforts to enhance public awareness of women's issues. The Committee hopes that the Government will provide concrete information in its future reports on the Ministry's activities and programmes, and in particular on the activities of the Support and Coordination Unit for the "Promotion of the Status of Women" component and of the Directorate of Family Welfare aimed at promoting equality of opportunity and treatment in respect of employment and occupation.

2. The Committee notes that the Government's report does not answer the questions raised in its direct request of 1995, in which it asked the Government to provide specific information on any positive action undertaken in practice to facilitate and promote the access of women and, where appropriate, underprivileged ethnic groups, to training and employment, particularly in jobs and trades in which they are still under-represented. The Committee once again asks the Government to supply this information in its future reports, and refers the Government specifically to paragraphs 166 to 169 of its 1988 General Survey on equality in employment and occupation in which it defines "positive action programmes" involving temporary measures directed only at women or other disadvantaged social groups with a view to redressing de facto inequalities affecting their opportunities.

3. The Committee notes the Government's statement to the effect that the situation of women workers in management posts is developing without any hindrance, in terms both of legislation and practice. The Committee also notes the Government's information to the effect that the reaction of employers to awareness-raising measures has been largely positive, and that this has been reflected in the increasing number of posts taken by women in sectors traditionally dominated by men. Unfortunately, according to the Government, the 1991 statistics given in its report of 1995 on the number of women employed in the private sector and in the public service are currently the only ones available. These statistics will, however, no doubt be updated in the very near future. The Committee would be grateful if the Government would provide, as soon as they are available, the updated statistics on the number of women employed in the private and public sectors, and any developments in the situation with regard to the number of women employed in management posts and in the sectors hitherto dominated by men, which is currently growing, according to the Government's report.

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

1. The Committee notes the Government's report, particularly the fact that it has undertaken to communicate to the Committee, as soon as they are available, the statistics on the percentage of women workers in the agricultural and allied occupations and domestic and household staff, and the distribution of men and women at the various wage levels in these two sectors, and in another sector largely occupied by women, the food industry. With regard to the public sector, the Committee notes that the Government has also promised to supply copies of the decrees implementing section 27 of the Public Service Regulations. Observing that one difficulty encountered by governments in applying this Convention arises from lack of knowledge of the actual situation due to the absence or inadequacy of data and research in this sphere, the Committee expresses the hope that the Government will be in a position to supply this information in its next report, along with the scale of wages determined by the Minister of Labour's order, mentioned as being attached to the report but which has not been received.

2. Noting that the Government has not replied to its previous comments on the application in practice of the principle of equal remuneration, the Committee would be grateful if the Government would indicate in its next report:

(a) the measures taken or contemplated to promote or ensure the effective application of the principle of equal remuneration for men and women workers for work of equal value, in accordance with Article 2 of the Convention;

(b) the percentage of offences concerning application of the principle enshrined in the Convention in regard to the wage infringements recorded along with the measures taken by the labour inspectors to remedy cases of infringement of laws and regulations on the matter; and

(c) whether an employer's insolvency has consequences for the application of the principle of equal remuneration for men and women.

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

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. The Committee notes the Government's indication that, since there are no collective agreements governing occupations in agriculture or domestic and household staff, the Government periodically orders the adjustment of these workers' wages when the joint committees provided for in collective agreements increase wages in the other sectors. In this connection, it notes with interest that following the adoption of Decree No. 85-042 of 12 January 1985 fixing the guaranteed minimum inter-occupational and agricultural wages, the Government issued Order No. 001043 of 4 February 1986 fixing wages by occupational category for agricultural and allied workers, and Order No. 001044 of 4 February 1986 fixing different levels of minimum wages for domestic and household staff. It also notes that, according to the report, this institutional practice may not and must not be a source of discrimination in respect of equal remuneration.

So that it can ascertain that the principle of equal remuneration for work of equal value is effectively applied, the Committee would appreciate receiving statistics on the percentage of women covered by the two Orders mentioned above and the distribution of men and of women at the different wage levels, particularly in these two sectors, and in the food industry (see previous comments).

2. The Committee notes the Government's statement that the number of infringements of wage rules recorded by the Labour Inspectorate is still rising. It adds that measures will be taken to ensure protection of employees against the insolvency of their employer. The Committee asks the Government to indicate whether insolvency of the employer has given rise to problems as regards equal remuneration between men and women workers. The Committee again requests the Government to provide information on the measures taken or envisaged to remedy cases of infringement of laws and regulations on the equality of remuneration between men and women reported by the Labour Inspectorate, and on any other measure taken to ensure or promote the effective application of the principle of equal remuneration for work of equal value.

3. With regard to the public sector, the Committee notes that, according to the report, measures will be taken in the future to provide the Decrees implementing section 27 of the Public Service Regulations (Act No. 61-33 of 15 June 1961). It hopes that these Decrees which, according to the Government, were enclosed with a previous report, but which the Office has not received, will be sent with the next report. Please also provide the information requested in the previous comments on any job evaluation scheme which may be in operation in this sector.

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

1. The Committee notes that the Government's report contains information of a general nature, but does not reply to all the matters raised in its previous comments, in particular the question of the positive action (in the meaning of paragraphs 166 to 169 of its 1988 General Survey on equality in employment and occupation) taken to encourage and facilitate the access of women to training and employment, and particularly in branches of training and jobs and positions in which they are still very under-represented. In this respect, the Committee notes from the statistics attached to the report that, in 1991, the general percentage of women employed was 11 per cent in the private sector, and 15 per cent in the public service. The Committee once again hopes that the Government will supply information with its next report on the positive measures that have been taken or are envisaged to facilitate and encourage a substantial increase in the participation of women in training and employment, particularly in branches of training and in occupations and jobs in which men are predominant, as well as in managerial positions. In particular, the Committee once again requests information on the vocational training activities undertaken by the National Vocational Training Office (ONFP), including recent statistics on the numbers of girls in the various branches of training organized by the ONFP.

2. With reference to the information provided previously by the Government concerning its intention to raise the awareness of employers as regards the access of girls to trainee positions in enterprises in jobs that are traditionally held by men, and noting from the above statistics that the percentage of female apprentices is very low (1.5 per cent), the Committee requests the Government to provide information on developments in the situation as a result of the awareness-raising activities for employers.

3. The Committee notes with interest that awareness-raising activities for girls are continuing with a view to promoting their access to jobs that have hitherto been occupied by men, particularly through weekly television broadcasts on the subject of "Women at work" and that, as a result of these activities, women's employment has increased in, among others, the fish and food industries. The Committee would be grateful if the Government would continue providing information in future reports on the education and information activities that have been undertaken concerning the non-discrimination policy and on the results obtained, in the form of statistics reflecting the increase in the number of women employed in the public and private sectors.

4. With reference to the Government's general statement that organizations of employers and workers ensure the observance of government policy in the field of equality of opportunity and treatment in employment and vocational training, the Committee requests the Government to provide information on the activities undertaken by these organizations for this purpose and, as requested in its previous comments, to indicate the manner in which they cooperate with the Government to promote the acceptance and observance of this policy, in accordance with Article 3(a) of the Convention.

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

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

1. The Committee notes the Government's statement that it is continuing to raise the awareness of employers and workers as to the need to overcome the restrictions of the former and hesitations of the latter with regard to access to employment without any discrimination on the basis of sex. It also takes due note of the fact that the Government, in combination with information programmes directed at the population, plans to raise the awareness of employers regarding the access of girls to trainee positions in undertakings in types of employment occupied traditionally by men. It requests the Government to provide details in its next report on the awareness-raising and information measures undertaken with regard to the population, employers and workers with a view to gaining their acceptance of the application of the national policy to promote equality of opportunity and treatment, in accordance with Article 3(b) of the Convention. In this respect, the Committee refers the Government to paragraphs 231 to 236 of its 1988 General Survey on Equality in Employment and Occupation in which it emphasizes the goal of education and information activities on the non-discrimination policy and gives examples of the various forms that these measures can take according to national circumstances and customs.

2. In the absence of a precise reply to its previous request for information on collaboration with employers' and workers' organizations and other appropriate bodies in promoting equality of access to vocational training, the Committee once again requests the Government to supply information in its next report on the measures which have been taken or are envisaged to seek the cooperation of employers' and workers' organizations and other appropriate bodies and to describe the forms which this cooperation takes, in promoting acceptance and observance of the national policy designed to promote equality of opportunity and treatment in respect of employment and occupation, particularly with regard to vocational training, and to eliminate any discrimination, particularly on the ground of sex, in accordance with Articles 2 and 3(a) of the Convention.

3. The Committee notes the activities of the National Vocational Training Office (ONFP) (days of reflection on the suitability of training for employment; studies; the financing of programmes). It once again requests the Government to provide specific information on any positive action undertaken in practice to facilitate and promote the access of women and, where appropriate, underprivileged ethnic groups, to training and employment, particularly in jobs and trades in which they are still under-represented. Please refer in this context to paragraphs 166 to 169 of the above General Survey in which the Committee gives a definition of "positive action programmes", which include temporary measures aimed exclusively at women or other underprivileged social groups to make good de facto inequalities which affect their opportunities.

4. The Committee requests the Government to supply with its next report the statistics which it stated were attached to the report, but which have not been received by the ILO, concerning the number of girls following the various training courses provided by the National Vocational Training Centre (CNQP), the number of women employed in the public sector and their proportion in relation to men, as well as the number of women in positions of responsibility in the public sector, and the same information for 1986 (or more recent years) for the private sector.

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

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, in pertinent part, as follows:

1. The Committee notes the Government's statement that it is continuing to raise the awareness of employers and workers as to the need to overcome the restrictions of the former and hesitations of the latter with regard to access to employment without any discrimination on the basis of sex. It also takes due note of the fact that the Government, in combination with information programmes directed at the population, plans to raise the awareness of employers regarding the access of girls to trainee positions in undertakings in types of employment occupied traditionally by men. It requests the Government to provide details in its next report on the awareness-raising and information measures undertaken with regard to the population, employers and workers with a view to gaining their acceptance of the application of the national policy to promote equality of opportunity and treatment, in accordance with Article 3(b) of the Convention. In this respect, the Committee refers the Government to paragraphs 231 to 236 of its 1988 General Survey on equality in employment and occupation in which it emphasizes the goal of education and information activities on the non-discrimination policy and gives examples of the various forms that these measures can take according to national circumstances and customs.

2. In the absence of a precise reply to its previous request for information on collaboration with employers' and workers' organizations and other appropriate bodies in promoting equality of access to vocational training, the Committee once again requests the Government to supply information in its next report on the measures which have been taken or are envisaged to seek the cooperation of employers' and workers' organizations and other appropriate bodies and to describe the forms which this cooperation takes, in promoting acceptance and observance of the national policy designed to promote equality of opportunity and treatment in respect of employment and occupation, particularly with regard to vocational training, and to eliminate any discrimination, particularly on the ground of sex, in accordance with Articles 2 and 3(a) of the Convention.

3. The Committee notes the activities of the National Vocational Training Office (ONFP) (days of reflection on the suitability of training for employment; studies; the financing of programmes). It once again requests the Government to provide specific information on any positive action undertaken in practice to facilitate and promote the access of women and, where appropriate, underprivileged ethnic groups, to training and employment, particularly in jobs and trades in which they are still under-represented. Please refer in this context to paragraphs 166 to 169 of the above General Survey in which the Committee gives a definition of "positive action programmes", which include temporary measures aimed exclusively at women or other underprivileged social groups to make good de facto inequalities which affect their opportunities.

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

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

1. The Committee notes the Government's indication that, since there are no collective agreements governing occupations in agriculture or domestic and household staff, the Government periodically orders the adjustment of these worker's wages when the joint committees provided for in collective agreements increase wages in the other sectors. In this connection, it notes with interest that following the adoption of Decree No. 85-042 of 12 January 1985 fixing the guaranteed minimum inter-occupational and agricultural wages, the Government issued Order No. 001043 of 4 February 1986 fixing wages by occupational category for agricultural and allied workers, and Order No. 001044 of 4 February 1986 fixing different levels of minimum wages for domestic and household staff. It also notes that, according to the report, this institutional practice may not and must not be a source of discrimination in respect of equal remuneration.

So that it can ascertain that the principle of equal remuneration for work of equal value is effectively applied, the Committee would appreciate receiving statistics on the percentage of women covered by the two Orders mentioned above and the distribution of men and of women at the different wage levels, particularly in these two sectors, and in the food industry (see previous comments).

2. The Committee notes the Government's statement that the number of infringements of wage rules recorded by the Labour Inspectorate is still rising. It adds that measures will be taken to ensure protection of employees against the insolvency of their employer. The Committee asks the Government to indicate whether insolvency of the employer has given rise to problems as regards equal remuneration between men and women workers. The Committee again requests the Government to provide information on the measures taken or envisaged to remedy cases of infringement of laws and regulations on the equality of remuneration between men and women reported by the Labour Inspectorate, and on any other measure taken to ensure or promote the effective application of the principle of equal remuneration for work of equal value.

3. With regard to the public sector, the Committee notes that, according to the report, measures will be taken in the future to provide the Decrees implementing section 27 of the Public Service Regulations (Act No. 61-33 of 15 June 1961). It hopes that these Decrees which, according to the Government, were enclosed with a previous report, but which the Office has not received, will be sent with the next report. Please also provide the information requested in the previous comments on any job evaluation scheme which may be in operation in this sector.

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

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

1. The Committee notes the Government's statement that increased awareness with regard to the access of girls to jobs traditionally held by men is continually sought through the mass media. The Committee recalls the Government's previous statement on this subject to the effect that, in addition to conducting a public information campaign, it planned to raise awareness among employers about access for girls to these jobs. The Committee would be grateful if the Government would supply information in its next report on the general methods used to seek the cooperation of employers' and workers' organizations and other appropriate bodies in promoting the acceptance and observance of the national policy designed to promote equality of opportunity and treatment in respect of employment and occupation, including vocational training, with a view to eliminating any discrimination, particularly on the ground of sex, in accordance with Articles 2 and 3 of the Convention.

2. The Committee notes that the Government has not replied to its previous comments concerning the activities of the National Vocational Training Office (ONFP). The Committee once again requests the Government to supply information on the aspects of ONFP activities concerning vocational training for women and on any positive action undertaken in practice to facilitate the access of women to training and employment, and in particular to trades which are traditionally the reserve of men.

3. The Committee notes the Government's indications that statistics will be supplied in a future report due to the fact that they are currently being compiled in various sectors. With reference to its previous comments, the Committee hopes that the Government will be able to supply in its next report recent statistical information on the number of women employed in the public and private sectors, broken down by their level of responsibility and their percentage in relation to the number of men employed.

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

The Committee notes the information supplied by the Government in its report in reply to its previous direct requests, as well as the attached documents.

1. The Committee notes the Government's statement that women workers are generally employed in the food industry and in branches of agriculture, and as household staff. The Committee would be grateful if the Government would supply information on the effect given to Ministerial Order No. 974 MFPTDE-DTSS of 23 January 1968 to determine the general terms and conditions of employment of domestic servants and household staff, so that it can ensure that the principle of equal remuneration for work of equal value is applied. It also requests the Government to supply information in its next report on the distribution of men and women employed at different levels, in sectors in which a large number of women are concentrated, and in particular in the food industry.

2. The Committee notes that in branches of the economy which are not covered by a collective agreement, wages are fixed by order of the Minister of Labour. It requests the Government to supply copies of the ministerial orders that have been adopted concerning economic branches which are not covered by a collective agreement (for example, in respect of domestic servants and the agricultural professions).

3. The Committee notes that the violations of wage regulations reported by regional labour inspections are increasing and would be grateful if the Government would supply information on the measures taken to remedy cases in which these rules are not applied, as well as any other measures which have been taken or are envisaged to ensure or promote the effective application of the principle set out in the Convention.

4. With regard to the public sector, the Committee notes that the report does not give details on the remuneration scheme fixed by Act No. 61-33 of 15 June 1961 and once again requests the Government to forward any decrees which may have been issued under section 27 of this Act to determine remuneration and benefits, as well as to regulate any supplementary emoluments (the texts issued under Act No. 61-33 were referred to as being attached to the report, but have not been received). Please also specify whether a job classification system is currently in operation.

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

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. As concerns the private sector, the Committee noted in its previous comments that section 104 of the Labour Code provides that for equal conditions of work, occupational qualification and output, wages shall be equal for all workers. It noted that the same provisions are contained in the inter-occupational collective agreement. The Committee referred to paragraphs 19 to 21 and 44 to 65 of its 1986 General Survey on Equal Remuneration, pointing out that provisions of this kind can be taken to allow wage discrimination on the basis of sex, depending on how they are applied in practice.

The Government has sent with its report, a copy of the above-mentioned collective agreement which, in section 36, provides that "the wages of each worker are determined on the basis of the job which he occupies". The collective agreement goes on to provide, in section 39, for a system of occupational categories, for which wages are determined by a Joint Inter-occupational Wages Committee. This appears to correspond to a job-evaluation system for fixing wages.

The Committee therefore requests the Government to provide with its next report a copy of the wages scale presently applicable, together with an indication of any categories in which there is a high proportion of women workers. Please also indicate what criteria are used in fixing the various categories.

2. Please indicate whether any other collective agreements than the inter-occupational collective agreement are now in force; and whether any sectors of the economy are not covered by a collective agreement. In any such cases, please indicate how rates of remuneration are established.

3. The Committee notes from the report that the labour inspectors ensure that the established wages are paid, and that they rarely note infractions of equality of remuneration. Please provide information in future reports on any developments in this connection.

4. As concerns the public sector, the Committee had noted previously that remuneration is fixed on the basis of the status of each grade, in accordance with Act No. 61-33 of 15 June 1961, and that no distinction is made between the sexes in assigning this status. It again requests the Government to forward any decrees which may have been issued, in accordance with section 27 of the Act, to issue regulations fixing remuneration and benefits, and regulating supplementary wage benefits. Please indicate also any job-evaluation scheme which may be in operation.

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

1. With reference to its previous comments, the Committee notes the Government's indications concerning the activities of the National Vocational Training Office (ONFP), particularly the surveys on the demand for training, the financing of work experience "préinsertion à l'emploi" programmes for 100 higher education graduates and the occupational retraining for workers made redundant in industry. The Committee requests the Government in its future reports to supply information on all aspects of ONFP activities concerning vocational training for women, taking particular account of the indications in points 2 and 3 below.

2. The Committee takes note of the statistical information supplied by the Government concerning the number of girls sitting the competitive entrance examination to the National Centre for Occupational Skills, which rose from 41 in 1985-86 to 110 in 1990, but remains very limited in relation to the number of boys. According to the Government's report, the fact that girls are poorly informed on the matter is not the only reason for this difference; girls must also overcome cultural barriers in order to accede to jobs traditionally held by men. The Committee notes with interest that in addition to conducting a public information campaign, the Government plans to raise awareness among employers about access for girls to these jobs. It requests the Government to provide information on progress made in this respect.

3. With reference to its previous comments, the Committee takes note of the statistical information on the distribution of employees in the state administration according to sex and category, at 30 May 1989, and observes that the number of women in these posts is much lower than the number of men, and that women account for 15.3 per cent of the total staff. The Committee requests the Government to provide information on any developments in this respect, along with recent statistical information on the number of women employed the private sector and the number of women holding posts of responsibility in this sector.

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

With reference to its previous comments, the Committee notes with satisfaction that Act No. 89-01 of 17 January 1989 which amends the Family Code by repealing former section 154 (husband's opposition to his wife's exercising an occupation).

The Committee raises other questions in a request addressed directly to the Government.

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

1. As concerns the private sector, the Committee noted in its previous comments that section 104 of the Labour Code provides that for equal conditions of work, occupational qualification and output, wages shall be equal for all workers. It noted that the same provisions are contained in the inter-occupational collective agreement. The Committee referred to paragraphs 19 to 21 and 44 to 65 of its 1986 General Survey on Equal Remuneration, pointing out that provisions of this kind can be taken to allow wage discrimination on the basis of sex, depending on how they are applied in practice.

The Government has sent with its report, a copy of the above-mentioned collective agreement which, in section 36, provides that "the wages of each worker are determined on the basis of the job which he occupies". The collective agreement goes on to provide, in section 39, for a system of occupational categories, for which wages are determined by a Joint Inter-occupational Wages Committee. This appears to correspond to a job-evaluation system for fixing wages.

The Committee therefore requests the Government to provide with its next report a copy of the wages scale presently applicable, together with an indication of any categories in which there is a high proportion of women workers. Please also indicate what criteria are used in fixing the various categories.

2. Please indicate whether any other collective agreements than the inter-occupational collective agreement are now in force; and whether any sectors of the economy are not covered by a collective agreement. In any such cases, please indicate how rates of remuneration are established.

3. The Committee notes from the report that the labour inspectors ensure that the established wages are paid, and that they rarely note infractions of equality of remuneration. Please provide information in future reports on any developments in this connection.

4. As concerns the public sector, the Committee had noted previously that remuneration is fixed on the basis of the status of each grade, in accordance with Act No. 61-33 of 15 June 1961, and that no distinction is made between the sexes in assigning this status. It again requests the Government to forward any decrees which may have been issued, in accordance with section 27 of the Act, to issue regulations fixing remuneration and benefits, and regulating supplementary wage benefits. Please indicate also any job-evaluation scheme which may be in operation.

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

1. The Committee notes two communications by the Independent Union of Teachers in Higher Education (SAES), dated 15 March 1989 and 15 February 1990, alleging that university teachers are discriminated against because they receive a housing allowance which is lower than that of other state employees classified in the same category of the public service. It notes also the Government's comments in a letter dated 5 March 1990, in reply to these communications. The Committee recalls that under Article 1, paragraph 1(a), of the Convention, discrimination is defined in the Convention as "any distinction, exclusion or preference made on the basis of race, colour, sex, religion, political opinion, national extraction or social origin". Thus, the difference of treatment alleged does not affect the application of the Convention, since it is not based on one of the grounds set out in this provision.

2. The Committee notes the Government's reply to its previous comments and notes that the National Vocational Training Office (ONFP), which was established under Act No. 86-44 of 1986, is still being set up and that no programme has as yet been adopted as regards vocational training. The Committee also notes that a national seminar was to have been held by that institution to identify the training needs of the social partners and that the recommendations of this seminar would serve as a basis for the implementation of its training programme. The Committee once again hopes that the next report will contain detailed information on the training programme that has been adopted and the results that have been obtained, particularly as regards the vocational training of women, and especially in trades and jobs which are not traditionally considered to be for women.

3. The Committee also notes the statistics supplied by the Government concerning the number of students of both sexes admitted to the basic and further training courses provided by the National Centre for Occupational Skills (CNQP) since it was established in 1983. The Committee notes, however, that the number of girls admitted to these training courses is still very limited in relation to the number of boys (16, as compared to 240); it is therefore bound to express the hope that the Government will make every effort to disseminate awareness of the activities of this Centre through the population and to promote the access of girls to the Centre and their participation in basic and further training courses leading to non-traditional jobs. The Committee requests the Government to supply information on the results obtained in this respect.

4. The Committee also expresses the hope, as it has in previous comments, that the Government will be able to supply information in its next report on the implementation of the Plan of Action for Women that is provided for in the Economic and Social Development Plan, and on the work of the Secretariat of State for Women's Affairs, especially as regards the promotion of equality of opportunity and treatment for women in employment. The Committee requests the Government to supply information, and particularly recent statistics on the number of women employed in the private and public sectors and their proportion in relation to men, and on the number of women employed in posts of responsibility in these sectors.

5. The Committee notes that under section 154 of the Civil Code, a woman may exercise an occupation, even separately from her husband, unless he opposes it. It requests the Government to indicate whether this provision is still in force and, if so, to indicate the measures that have been taken or are envisaged to repeal it since it is incompatible with the Convention and with the national policy of non-discrimination.