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Article 1(1)(a) of the Convention. Sexual harassment. The Committee recalls that in its previous comments it requested the Government to take the necessary measures for the inclusion in the draft Labour Code that is currently being formulated of provisions defining, prohibiting and penalizing sexual harassment in both its forms, quid pro quo and hostile working environment harassment. The Committee notes the Government’s indication in its report that its comments have been included in the new version of the draft Labour Code. The Committee therefore requests the Government to keep it informed of the adoption of the definitive version of the Labour Code and to take the necessary measures to include in the draft Labour Code that is currently being formulated provisions defining, prohibiting and penalizing sexual harassment in both its forms, quid pro quo and hostile work environment harassment. The Committee also requests the Government to take practical measures, in collaboration with workers’ and employers’ organizations, to prevent sexual harassment in employment and occupation, and to provide detailed information on the measures taken for this purpose.
Article 1(1)(b). Additional grounds of discrimination. The Committee notes that the Government’s report does not contain a reply to its previous comment on this point. The Committee therefore once again requests the Government to provide information on any measures taken or envisaged to ensure the effective implementation of the provisions of Act No. 019/PR/2007 of 15 November 2007 to combat HIV/AIDS/STIs and to protect the rights of persons living with HIV and AIDS in relation to the right to work (sections 32–41). It once again requests the Government to provide information on the measures taken or envisaged to give effect to section 15 of Act No. 007/PR/2007 on the protection of persons with disabilities and to indicate whether enterprises have availed themselves of section 16 of the Act, with an indication of the interpretation given to the terms “a reasonable proportion of persons with disabilities”. The Government is requested to provide the Committee with any judicial decision on the interpretation of these two sections.
Statistics. The Committee once again requests the Government to indicate the measures taken for the compilation of employment statistics of men and women in all sectors, including the public sector, and to provide the statistical data obtained, disaggregated by sex and by sector, as well as any statistics available on employment in the informal economy, so that the Committee can assess the effect given to the Convention in practice.
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