Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Chad (RATIFICATION: 1966)

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The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1(1)(a) of the Convention Discrimination based on sex. Sexual harassment. The Committee notes the Government’s indication that the bill on the Labour Code takes sexual harassment into consideration, as has the Penal Code in its section 341.The Committee therefore again requests the Government: (i) to take the necessary measures to include in the draft Labour Code that is currently being formulated provisions defining, prohibiting and penalizing sexual harassment in both its forms (quid pro quo and hostile work environment harassment), committed by work colleagues or the employer, but also by clients or suppliers, and to provide information on any progress in this respect; and (ii) to take specific measures, in collaboration with workers and employers’ organizations, to prevent harassment in employment and occupation.

Article 1(1)(b). Additional grounds of discrimination. Noting that the Government’s report does not respond to its previous comment on this matter, the Committee again requests the Government to provide information on: (i) any measures taken or envisaged to ensure the effective implementation of the provisions of Act No. 019/PR/2007 of 15 November 2007 to combat HIV/AIDS/STIs and to protect the rights of persons living with HIV and AIDS in relation to the right to work (sections 32–41); (ii) the measures taken or envisaged to give effect to section 15 of Act No. 007/PR/2007 on the protection of persons with disabilities and to indicate whether enterprises have availed themselves of section 16 of the Act, with an indication of any interpretation given to the terms “a reasonable proportion of persons with disabilities”. The Government is also requested to provide copies of any judicial decision on the interpretation of sections 15 and 16 of the Act No. 007/PR/2007.

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

Statistics.The Committee once again requests the Government to indicate the measures taken: (i) for the compilation of employment statistics of men and women in all sectors (indicating, for example, measures taken to ensure that labour inspectors have adequate means to compile employment statistics), including the public sector; and (ii) to provide the statistical data obtained, disaggregated by sex and by sector, as well as any statistics available on employment in the informal economy, so that the Committee can assess the effect given to the Convention in practice.

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The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 1(1)(a) of the Convention. Grounds of discrimination. The Committee notes with concern that the Labour Code has been awaiting adoption for many years. The Committee can only hope that the Government will soon be in a position to report on the adoption of the new Labour Code and requests it to ensure that it contains provisions explicitly prohibiting any direct or indirect discrimination based, as a minimum, on all the grounds enumerated in Article 1(1)(a) of the Convention, including race, colour, national extraction and social origin, at all stages of employment and occupation. The Committee requests the Government to provide a copy of the Labour Code as soon as it has been adopted, and of any implementing texts with respect to non-discrimination and equality in employment and occupation.

Discrimination based on sex and equality of treatment between men and women. The Committee recalls that, in a previous comment, the Government acknowledged that section 9 of Ordinance No. 006/PR/84 of 1984, which gives the husband the right to object to his spouse’s activities, is completely outdated and that it would take measures to repeal this provision, which no longer corresponds to the current situation. The Government also specified that occupational segregation between men and women is due, inter alia, to the high levels of illiteracy and social factors. The Committee previously requested the Government to take the necessary measures in this regard. However, it notes that the Government has confined itself to referring once again to articles 13, 14, 33, 38, 39 and 42 of the Constitution and section 369 of the Penal Code. The Committee therefore urges the Government to take the necessary measures to formally repeal section 9 of the Ordinance of 1984 and to combat actively stereotypes and prejudices concerning the vocational capacities and aspirations of men and women. The Committee also requests the Government to take measures to raise awareness among parents and the population as a whole about the importance of girls and boys attending and remaining in school, and to promote the access of girls and women to a broader range of training courses and occupations, particularly those that are traditionally occupied by men. The Committee requests the Government to provide information on any measures taken in this regard.

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

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

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Article 1(1)(a) of the Convention Discrimination based on sex. Sexual harassment. The Committee notes the Government’s indication that the bill on the Labour Code takes sexual harassment into consideration, as has the Penal Code in its section 341. The Committee therefore again requests the Government: (i) to take the necessary measures to include in the draft Labour Code that is currently being formulated provisions defining, prohibiting and penalizing sexual harassment in both its forms (quid pro quo and hostile work environment harassment), committed by work colleagues or the employer, but also by clients or suppliers, and to provide information on any progress in this respect; and (ii) to take specific measures, in collaboration with workers and employers’ organizations, to prevent harassment in employment and occupation.

Article 1(1)(b). Additional grounds of discrimination. Noting that the Government’s report does not respond to its previous comment on this matter, the Committee again requests the Government to provide information on: (i) any measures taken or envisaged to ensure the effective implementation of the provisions of Act No. 019/PR/2007 of 15 November 2007 to combat HIV/AIDS/STIs and to protect the rights of persons living with HIV and AIDS in relation to the right to work (sections 32–41); (ii) the measures taken or envisaged to give effect to section 15 of Act No. 007/PR/2007 on the protection of persons with disabilities and to indicate whether enterprises have availed themselves of section 16 of the Act, with an indication of any interpretation given to the terms “a reasonable proportion of persons with disabilities”. The Government is also requested to provide copies of any judicial decision on the interpretation of sections 15 and 16 of the Act No. 007/PR/2007.

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

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

Statistics. The Committee once again requests the Government to indicate the measures taken: (i) for the compilation of employment statistics of men and women in all sectors (indicating, for example, measures taken to ensure that labour inspectors have adequate means to compile employment statistics), including the public sector; and (ii) to provide the statistical data obtained, disaggregated by sex and by sector, as well as any statistics available on employment in the informal economy, so that the Committee can assess the effect given to the Convention in practice.

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Article 1(1)(a) of the Convention. Grounds of discrimination. The Committee notes with concern that the Labour Code has been awaiting adoption for many years. The Committee can only hope that the Government will soon be in a position to report on the adoption of the new Labour Code and requests it to ensure that it contains provisions explicitly prohibiting any direct or indirect discrimination based, as a minimum, on all the grounds enumerated in Article 1(1)(a) of the Convention, including race, colour, national extraction and social origin, at all stages of employment and occupation. The Committee requests the Government to provide a copy of the Labour Code as soon as it has been adopted, and of any implementing texts with respect to non-discrimination and equality in employment and occupation.

Discrimination based on sex and equality of treatment between men and women. The Committee recalls that, in a previous comment, the Government acknowledged that section 9 of Ordinance No. 006/PR/84 of 1984, which gives the husband the right to object to his spouse’s activities, is completely outdated and that it would take measures to repeal this provision, which no longer corresponds to the current situation. The Government also specified that occupational segregation between men and women is due, inter alia, to the high levels of illiteracy and social factors. The Committee previously requested the Government to take the necessary measures in this regard. However, it notes that the Government has confined itself to referring once again to articles 13, 14, 33, 38, 39 and 42 of the Constitution and section 369 of the Penal Code. The Committee therefore urges the Government to take the necessary measures to formally repeal section 9 of the Ordinance of 1984 and to combat actively stereotypes and prejudices concerning the vocational capacities and aspirations of men and women. The Committee also requests the Government to take measures to raise awareness among parents and the population as a whole about the importance of girls and boys attending and remaining in school, and to promote the access of girls and women to a broader range of training courses and occupations, particularly those that are traditionally occupied by men. The Committee requests the Government to provide information on any measures taken in this regard.

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

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The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2015.

Repetition

Article 1(1)(a) of the Convention. Sexual harassment. The Committee recalls that in its previous comments it requested the Government to take the necessary measures for the inclusion in the draft Labour Code that is currently being formulated of provisions defining, prohibiting and penalizing sexual harassment in both its forms, quid pro quo and hostile working environment harassment. The Committee notes the Government’s indication in its report that its comments have been included in the new version of the draft Labour Code. The Committee therefore requests the Government to keep it informed of the adoption of the definitive version of the Labour Code and to take the necessary measures to include in the draft Labour Code that is currently being formulated provisions defining, prohibiting and penalizing sexual harassment in both its forms, quid pro quo and hostile work environment harassment. The Committee also requests the Government to take practical measures, in collaboration with workers’ and employers’ organizations, to prevent sexual harassment in employment and occupation, and to provide detailed information on the measures taken for this purpose.

Article 1(1)(b). Additional grounds of discrimination. The Committee notes that the Government’s report does not contain a reply to its previous comment on this point. The Committee therefore once again requests the Government to provide information on any measures taken or envisaged to ensure the effective implementation of the provisions of Act No. 019/PR/2007 of 15 November 2007 to combat HIV/AIDS/STIs and to protect the rights of persons living with HIV and AIDS in relation to the right to work (sections 32–41). It once again requests the Government to provide information on the measures taken or envisaged to give effect to section 15 of Act No. 007/PR/2007 on the protection of persons with disabilities and to indicate whether enterprises have availed themselves of section 16 of the Act, with an indication of the interpretation given to the terms “a reasonable proportion of persons with disabilities”. The Government is requested to provide the Committee with any judicial decision on the interpretation of these two sections.

Statistics. The Committee once again requests the Government to indicate the measures taken for the compilation of employment statistics of men and women in all sectors, including the public sector, and to provide the statistical data obtained, disaggregated by sex and by sector, as well as any statistics available on employment in the informal economy, so that the Committee can assess the effect given to the Convention in practice.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2015.

Repetition

Article 1(1)(a) of the Convention. Grounds of discrimination. The Committee notes that, according to the Government, the new draft Labour Code has been validated by the High Committee for Labour and Social Security and will be forwarded to the Council of Ministers in the near future. The Government adds that the Committee’s comments have been taken into account and that the draft text has been amended accordingly. The Committee hopes that the Government will soon be in a position to report on the adoption of the new Labour Code and requests it to ensure that it contains provisions explicitly prohibiting any direct or indirect discrimination based, as a minimum, on all the grounds enumerated in Article 1(1)(a) of the Convention, including national extraction and social origin, at all stages of employment and occupation. The Committee requests the Government to provide a copy of the Code as soon as it has been adopted, and of any implementing texts with respect to non-discrimination and equality in employment and occupation.

Discrimination based on sex and equality of treatment between men and women. With reference to its previous observation, the Committee notes the Government’s acknowledgement that section 9 of Ordinance No. 006/PR/84 of 1984, which gives the husband the right to object to his spouse’s activities, is completely outdated. The Committee also notes the Government’s indication that it will take measures to repeal this provision, which no longer corresponds to current realities. With regard to discrimination against women in practice, the Government indicates that occupational segregation between men and women is, among other factors, due to the high levels of illiteracy and social rigidity. The Committee once again requests the Government to take the necessary measures to formally repeal section 9 of the Ordinance of 1984 and to combat actively stereotypes and prejudices concerning the vocational capacities and aspirations of men and women. The Committee also requests the Government to carry out awareness-raising activities for parents and the population as a whole concerning the need for girls and boys to go to and remain in school, and to promote the access of girls and women to a broader range of training courses and occupations, particularly those that are traditionally male.

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

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

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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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Article 1(1)(a) of the Convention. Grounds of discrimination. The Committee notes that, according to the Government, the new draft Labour Code has been validated by the High Committee for Labour and Social Security and will be forwarded to the Council of Ministers in the near future. The Government adds that the Committee’s comments have been taken into account and that the draft text has been amended accordingly. The Committee hopes that the Government will soon be in a position to report on the adoption of the new Labour Code and requests it to ensure that it contains provisions explicitly prohibiting any direct or indirect discrimination based, as a minimum, on all the grounds enumerated in Article 1(1)(a) of the Convention, including national extraction and social origin, at all stages of employment and occupation. The Committee requests the Government to provide a copy of the Code as soon as it has been adopted, and of any implementing texts with respect to non-discrimination and equality in employment and occupation.

Discrimination based on sex and equality of treatment between men and women. With reference to its previous observation, the Committee notes the Government’s acknowledgement that section 9 of Ordinance No. 006/PR/84 of 1984, which gives the husband the right to object to his spouse’s activities, is completely outdated. The Committee also notes the Government’s indication that it will take measures to repeal this provision, which no longer corresponds to current realities. With regard to discrimination against women in practice, the Government indicates that occupational segregation between men and women is, among other factors, due to the high levels of illiteracy and social rigidity. The Committee once again requests the Government to take the necessary measures to formally repeal section 9 of the Ordinance of 1984 and to combat actively stereotypes and prejudices concerning the vocational capacities and aspirations of men and women. The Committee also requests the Government to carry out awareness-raising activities for parents and the population as a whole concerning the need for girls and boys to go to and remain in school, and to promote the access of girls and women to a broader range of training courses and occupations, particularly those that are traditionally male.

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

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The Committee notes that the Government’s report does not contain a reply to its previous comments. The Committee notes nonetheless that a new Labour Code is currently being drafted and hopes that it will soon be adopted.

Sexual harassment. The Committee requests the Government to take the opportunity of the drafting of a new Labour Code to include provisions specifically defining and prohibiting sexual harassment in both its forms: quid pro quo and hostile environment harassment. The Committee also asks the Government to take steps, in collaboration with the workers’ and employers’ organizations, to prevent sexual harassment in employment and occupation.

Article 1(1)(b) of the Convention. Additional grounds of discrimination. The Committee again requests the Government to indicate whether the implementing decrees provided for under section 64 of Act No. 019/PR/2007 of 15 November 2007 on measures to combat HIV/AIDS/STI and to protect the rights of persons living with HIV and AIDS have been adopted, especially the provisions relating to the right to work (sections 32–41) and, if so, to provide a copy of the decrees. The Government is also requested to provide information on any measures taken or foreseen to ensure the effective implementation of these legislative provisions against discrimination against, and stigmatization of, persons living with HIV, such as, for example, awareness-raising campaigns on equality in employment and occupation aimed at workers’ and employers’ organizations, labour inspectors, judges and the general public.

The Committee notes that Act No. 007/PR/2007 of 9 May 2007 on the protection of disabled persons contains provisions concerning rights to socio-economic integration, whereby the State and the local authorities are bound to create conditions conducive to encouraging the employment of persons with disabilities in the public and private sectors, and to guarantee the protection of these persons against any form of exploitation and discrimination (section 15). Provision is also made for tax relief for private enterprises employing a “reasonable share” of persons with disabilities (section 16). The Committee requests the Government to provide information on the steps taken or contemplated to give effect to section 15 of Act No. 007/PR/2007 on the protection of disabled persons and to indicate whether enterprises have taken advantage of the provisions under section 16, and clarifying the interpretation given to the term “reasonable share” of persons with disabilities.

Article 2. National equality policy. Access to education and vocational training. In its previous comment, the Committee noted the adoption of Act No. 016/PR/06 of 13 March 2006, issuing guidelines for the Chadian education system, which focuses on combating exclusion from education of groups considered the most vulnerable, namely girls living in rural areas, nomadic and lake-dwelling groups, street children, physically disabled persons, refugees and displaced persons, child domestic workers, child herders and child soldiers, and welcomed the efforts made by the Government to achieve greater equality in the area of education and training. With particular respect to the issue of girls’ and women’s access to education and vocational training, the Committee notes that, in its concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed concerns regarding the extremely low participation of girls at the secondary level and in technical vocational institutions and about the persistence of a range of issues that impede their participation, including parents’ prejudices against modern schools and prioritization of their sons’ education; early marriages and pressure on pregnant teenagers to leave school; sexual harassment in schools; poverty and girls’ involvement in income-generating activities; the lack of adequate infrastructure, including water and separated sanitation facilities for girls; and the long distance to school and the risk of sexual harassment and violence that girls face on the way. CEDAW was also extremely concerned at the low literacy rate in general, and more particularly among women (CEDAW/C/TCD/CO/1-4, 4 November 2011, paragraph 30). The Committee asks the Government to take active measures, free from gender stereotypes and prejudices, to promote the access of girls and women to education and vocational training, especially those living in rural areas, and to provide information on the results achieved in the context of the various mechanisms established. In this respect, it encourages the Government to undertake awareness-raising actions among the parents and the population as a whole with respect to schooling and keeping girls and boys at school. The Committee also asks the Government to provide information on any measures taken or envisaged to combat discrimination on grounds other than sex in education and vocational training, including the results achieved.

Article 3(d). Employment in the public sector. The Committee again requests the Government to provide as detailed information as possible on the measures taken or envisaged to promote and guarantee equality of opportunity and treatment between men and women in the public sector, including the results achieved by these measures in terms of employment, promotion and training of women within the public service. In this respect, the Government is requested once again to provide all available statistical information on the numbers of men and women employed at different levels in the public service and, more generally, in the public sector.

Part V of the report form. Practical application and statistics. The Committee again requests the Government to indicate the steps taken to equip labour inspectors with the appropriate resources to gather statistics on the employment of men and women in all branches of activity and to supply the statistical information thus obtained, disaggregated by sex, as well as any statistics available on employment in the informal economy, so that it might assess the implementation of the Convention in practice.

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The Committee notes that the Government’s report does not contain a reply to its previous comments. The Committee notes nevertheless that a new Labour Code is currently being drafted and hopes that it will soon be adopted.

Article 1(1)(a) of the Convention. Grounds of discrimination. The Committee asks the Government to ensure that the new Labour Code specifically bans any direct and indirect discrimination on the basis of at least all the grounds of discrimination listed in the Convention, that is race, colour, sex, religion, political opinion, national extraction or social origin. Hoping that the new Labour Code will be adopted in the near future, the Committee asks the Government to provide information on the status of the adoption of the text and to provide a copy once it has been adopted.

Discrimination on the basis of sex. Occupational segregation. The Committee notes that, in its concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) stated its concern about the persistence of patriarchal attitudes and deep-rooted stereotypes concerning women’s roles and responsibilities that discriminate against women and perpetuate their subordination within the family and society (CEDAW/C/TCD/CO/1-4, 4 November 2011, paragraph 20). The Committee considers that such stereotypes, based on traditional assumptions concerning gender roles in the labour market and in society, including those relating to family responsibilities, channel women and men into different education and training and subsequently into different jobs and career tracks, resulting in labour market inequalities, particularly with respect to remuneration and career development (see General Survey on the fundamental Conventions, 2012, paragraph 713). For a number of years, the Committee has been stating that section 9 of Ordinance No. 006/PR/84 of April 1984 on the status of shopkeepers, which entitles a husband to object to his spouse’s activities, is incompatible with the provisions of the Convention, and has been asking the Government to take the necessary steps to repeal this provision. The Committee notes that CEDAW also recommended that the Government review the relevant labour-related legislation with a view to repealing all provisions discriminating against women, in particular Ordinance No. 006/PR/84 (CEDAW/C/TCD/CO/1-4, paragraph 32). In the absence of a reply from the Government on this point, the Committee is bound to repeat its request and consequently urges the Government to take the necessary steps to repeal any legislative provisions resulting in discrimination against women in employment and occupation, particularly section 9 of the 1984 Ordinance, and to adopt specific measures to combat stereotypes and prejudices on the respective roles of women and men in society with a view to removing obstacles to women’s employment.

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

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

Repetition

Article 1(1)(a) of the Convention. Grounds of discrimination. In its previous comments, the Committee asked the Government to amend the national legislation in order to ensure that it at least covers discrimination on the basis of all the grounds listed in the Convention, including a prohibition on any discrimination based on race or colour. While noting the Government’s statement that it faces difficulties which prevent it from revising the Constitution accordingly, the Committee wishes to draw the Government’s attention to the fact that these grounds could be included in the provisions of the Labour Code concerning discrimination (sections 6 and 7), which in their current wording cover sex, age, nationality, membership or non-membership of a trade union, trade union activity, and the origin and opinions (particularly religious and political) of the worker, or that regulations implementing the Labour Code could be adopted to also cover race and colour before any revision of the Constitution is undertaken. The Committee therefore requests the Government to take the necessary steps to adopt legislation, or revise existing legislation or expand the provisions of the Labour Code so that at least all the grounds on which discrimination is based, which are prohibited under the terms of Article 1(1)(a) of the Convention, are expressly covered by the national legislation, and to supply information on the measures adopted in this respect.

Discrimination on the basis of sex. For a number of years, the Committee has been drawing the Government’s attention to the incompatibility of section 9 of Ordinance No. 006/PR/84 of April 1984 issuing regulations on trading with the provisions of the Convention and has asked the Government to take the necessary steps to repeal this provision. In view of the lack of any reply from the Government on this point, the Committee requests the Government to state whether the 1984 Ordinance is still in force and, consequently, to clarify whether a husband still has the right to object to the commercial activities of his spouse. If so, it urges the Government once again to repeal section of the Ordinance because of their discriminatory nature with regard to women.

Sexual harassment. In view of the lack of information on the measures taken or contemplated to combat sexual harassment in the workplace, the Committee is bound to repeat its request in this respect, referring once again to its general observation of 2002, in which it emphasizes that sexual harassment undermines equality at work by jeopardizing the integrity, dignity and well-being of workers and is harmful to enterprises by weakening the foundations of the employment relationship and reducing productivity.

Article 1(1)(b). Additional grounds of discrimination. The Committee notes the adoption of Act No. 019/PR/2007 of 15 November 2007, protecting the rights of persons living with HIV and AIDS. This Act contains provisions which define the denial of access to employment for HIV-positive persons as a discriminatory act (section 22), prohibit screening for HIV in relation to obtaining employment, promotion, training or benefits (section 36), guarantee employment to any employee who is living with HIV as long as he or she is capable of working, and guarantees the offer of acceptable replacement work (section 36), and prohibit any penalty or dismissal on the basis of the worker’s HIV status (section 38). The Committee requests the Government to indicate whether the implementing decrees provided for in section 64 of the Act No. 019/PR/2007 have been adopted, particularly as regards the abovementioned provisions relating to the right to work (sections 32–41) and, if so, to provide a copy of the decrees. The Government is also requested to provide information on any measure taken or contemplated to ensure the effective implementation of these legislative provisions against discrimination towards, and stigmatization of, persons living with HIV and AIDS, for example awareness-raising campaigns on equality at work intended for workers’ and employers’ organizations, labour inspectors, magistrates and the general public.

Also noting, according to the information contained in the report drawn up by the Ministry of Education in October 2008 on the development of education, that an Act on the protection of disabled persons has been adopted, the Committee requests the Government to send a copy of it to the Office and indicate the steps taken to ensure in practice the equality of opportunity and treatment in respect of employment and occupation for disabled persons.

Article 2. National policy to promote equality. Access to education and vocational training. As regards education and training, on which actual possibilities of access to employment and occupation in both the public and private sectors depend, the Committee notes the adoption of Act No. 016/PR/06 of 13 March 2006 issuing guidelines for the Chadian education system, which focuses on combating the exclusion from education of groups considered the most vulnerable, namely girls living in rural areas, nomadic and lake-dwelling groups, street children, physically disabled persons, refugees and displaced persons, child domestic workers, child herders and child soldiers. The objectives of this Act include “ensuring equitable access to high-quality education for all Chadian children” and “promoting schooling for girls by removing stereotypes and other socio economic and cultural obstacles to the full development of girls and women in terms of the education process”.

The Committee also notes, according to the abovementioned report on education, that incentives aimed at making school attendance more attractive to girls are provided for in the “National plan of action for education for all” and that experimental action has been taken in four pilot areas to promote schooling for girls, such as awareness raising on a large scale with regard to gender issues, grants to communities to undertake income-generating activities, waiving school fees and no age limits on school enrolment for girls, etc.

Welcoming the efforts made and the desire shown by the Government to achieve greater equality in the area of education and training, the Committee hopes that the planned measures to promote equal access to education will be implemented in the near future and that the abovementioned experimental measures can be extended throughout the country in order to rectify the inequalities which exist in practice. It requests the Government to supply information on the results achieved, in the context of the various mechanisms established, with respect to schooling and access to vocational training for girls and women, particularly those living in rural areas. Please also provide information on any measure taken or contemplated to combat discrimination on grounds other than sex in education and vocational training, including the results achieved.

Article 3(d). Employment in the public sector. The Committee requests the Government to provide as detailed information as possible on the measures taken or contemplated to promote and guarantee equality of opportunity and treatment in the public sector, including the results achieved by these measures in terms of employment, promotion and training of women within the public service. The Government is also requested to supply all available statistical information on the numbers of men and women employed at different levels in public service and, more generally, in the public sector.

Part V of the report form. Practical application and statistics. The Committee notes that in reply to its request for statistics the Government indicates that it will soon give labour inspectors the means to gather information relating to the situation of workers on the ground. The Committee requests the Government to indicate the steps taken to equip labour inspectors with the appropriate resources and to supply the statistical information thus obtained on employment in the private and public sectors, disaggregated by sex, and also any statistical information available on employment in the informal economy, in order to enable an evaluation of the effect given to the Convention in practice.

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

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

Repetition

Article 1(1)(a) of the Convention. Grounds of discrimination. In its previous comments, the Committee asked the Government to amend the national legislation in order to ensure that it at least covers discrimination on the basis of all the grounds listed in the Convention, including a prohibition on any discrimination based on race or colour. While noting the Government’s statement that it faces difficulties which prevent it from revising the Constitution accordingly, the Committee wishes to draw the Government’s attention to the fact that these grounds could be included in the provisions of the Labour Code concerning discrimination (sections 6 and 7), which in their current wording cover sex, age, nationality, membership or non-membership of a trade union, trade union activity, and the origin and opinions (particularly religious and political) of the worker, or that regulations implementing the Labour Code could be adopted to also cover race and colour before any revision of the Constitution is undertaken. The Committee therefore requests the Government to take the necessary steps to adopt legislation, or revise existing legislation or expand the provisions of the Labour Code so that at least all the grounds on which discrimination is based, which are prohibited under the terms of Article 1(1)(a) of the Convention, are expressly covered by the national legislation, and to supply information on the measures adopted in this respect.

Discrimination on the basis of sex. For a number of years, the Committee has been drawing the Government’s attention to the incompatibility of section 9 of Ordinance No. 006/PR/84 of April 1984 issuing regulations on trading with the provisions of the Convention and has asked the Government to take the necessary steps to repeal this provision. In view of the lack of any reply from the Government on this point, the Committee requests the Government to state whether the 1984 Ordinance is still in force and, consequently, to clarify whether a husband still has the right to object to the commercial activities of his spouse. If so, it urges the Government once again to repeal section of the Ordinance because of their discriminatory nature with regard to women.

Sexual harassment. In view of the lack of information in the Government’s report on the measures taken or contemplated to combat sexual harassment in the workplace, the Committee is bound to repeat its request in this respect, referring once again to its general observation of 2002, in which it emphasizes that sexual harassment undermines equality at work by jeopardizing the integrity, dignity and well-being of workers and is harmful to enterprises by weakening the foundations of the employment relationship and reducing productivity.

Article 1(1)(b). Additional grounds of discrimination. The Committee notes the adoption of Act No. 019/PR/2007 of 15 November 2007, protecting the rights of persons living with HIV and AIDS. This Act contains provisions which define the denial of access to employment for HIV-positive persons as a discriminatory act (section 22), prohibit screening for HIV in relation to obtaining employment, promotion, training or benefits (section 36), guarantee employment to any employee who is living with HIV as long as he or she is capable of working, and guarantees the offer of acceptable replacement work (section 36), and prohibit any penalty or dismissal on the basis of the worker’s HIV status (section 38). The Committee requests the Government to indicate whether the implementing decrees provided for in section 64 of the Act No. 019/PR/2007 have been adopted, particularly as regards the abovementioned provisions relating to the right to work (sections 32–41) and, if so, to provide a copy of the decrees. The Government is also requested to provide information on any measure taken or contemplated to ensure the effective implementation of these legislative provisions against discrimination towards, and stigmatization of, persons living with HIV and AIDS, for example awareness-raising campaigns on equality at work intended for workers’ and employers’ organizations, labour inspectors, magistrates and the general public.

Also noting, according to the information contained in the report drawn up by the Ministry of Education in October 2008 on the development of education, that an Act on the protection of disabled persons has been adopted, the Committee requests the Government to send a copy of it to the Office and indicate the steps taken to ensure in practice the equality of opportunity and treatment in respect of employment and occupation for disabled persons.

Article 2. National policy to promote equality. Access to education and vocational training. As regards education and training, on which actual possibilities of access to employment and occupation in both the public and private sectors depend, the Committee notes the adoption of Act No. 016/PR/06 of 13 March 2006 issuing guidelines for the Chadian education system, which focuses on combating the exclusion from education of groups considered the most vulnerable, namely girls living in rural areas, nomadic and lake-dwelling groups, street children, physically disabled persons, refugees and displaced persons, child domestic workers, child herders and child soldiers. The objectives of this Act include “ensuring equitable access to high-quality education for all Chadian children” and “promoting schooling for girls by removing stereotypes and other socio economic and cultural obstacles to the full development of girls and women in terms of the education process”.

The Committee also notes, according to the abovementioned report on education, that incentives aimed at making school attendance more attractive to girls are provided for in the “National plan of action for education for all” and that experimental action has been taken in four pilot areas to promote schooling for girls, such as awareness raising on a large scale with regard to gender issues, grants to communities to undertake income-generating activities, waiving school fees and no age limits on school enrolment for girls, etc.

Welcoming the efforts made and the desire shown by the Government to achieve greater equality in the area of education and training, the Committee hopes that the planned measures to promote equal access to education will be implemented in the near future and that the abovementioned experimental measures can be extended throughout the country in order to rectify the inequalities which exist in practice. It requests the Government to supply information on the results achieved, in the context of the various mechanisms established, with respect to schooling and access to vocational training for girls and women, particularly those living in rural areas. Please also provide information on any measure taken or contemplated to combat discrimination on grounds other than sex in education and vocational training, including the results achieved.

Article 3(d). Employment in the public sector. The Committee requests the Government to provide as detailed information as possible on the measures taken or contemplated to promote and guarantee equality of opportunity and treatment in the public sector, including the results achieved by these measures in terms of employment, promotion and training of women within the public service. The Government is also requested to supply all available statistical information on the numbers of men and women employed at different levels in public service and, more generally, in the public sector.

Part V of the report form. Practical application and statistics. The Committee notes that in reply to its request for statistics the Government indicates that it will soon give labour inspectors the means to gather information relating to the situation of workers on the ground. The Committee requests the Government to indicate the steps taken to equip labour inspectors with the appropriate resources and to supply the statistical information thus obtained on employment in the private and public sectors, disaggregated by sex, and also any statistical information available on employment in the informal economy, in order to enable an evaluation of the effect given to the Convention in practice.

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

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Article 1, paragraph 1(a), of the Convention. Grounds of discrimination. In its previous comments the Committee asked the Government to amend the national legislation in order to ensure that it at least covers discrimination on the basis of all the grounds listed in the Convention, including a prohibition on any discrimination based on race or colour. While noting the Government’s statement that it faces difficulties which prevent it from revising the Constitution accordingly, the Committee wishes to draw the Government’s attention to the fact that these grounds could be included in the provisions of the Labour Code concerning discrimination (sections 6 and 7), which in their current wording cover sex, age, nationality, membership or non-membership of a trade union, trade union activity, and the origin and opinions (particularly religious and political) of the worker, or that regulations implementing the Labour Code could be adopted to also cover race and colour before any revision of the Constitution is undertaken. The Committee therefore requests the Government to take the necessary steps to adopt legislation, or revise existing legislation or expand the provisions of the Labour Code so that at least all the grounds on which discrimination is based, which are prohibited under the terms of Article 1(1)(a) of the Convention, are expressly covered by the national legislation, and to supply information on the measures adopted in this respect.

Discrimination on the basis of sex. For a number of years the Committee has been drawing the Government’s attention to the incompatibility of section 9 of Ordinance No. 006/PR/84 of April 1984 issuing regulations on trading with the provisions of the Convention and has asked the Government to take the necessary steps to repeal this provision. In view of the lack of any reply from the Government on this point, the Committee requests the Government to state whether the 1984 Ordinance is still in force and, consequently, to clarify whether a husband still has the right to object to the commercial activities of his spouse. If so, it urges the Government once again to repeal section of the Ordinance because of their discriminatory nature with regard to women.

Sexual harassment. In view of the lack of information in the Government’s report on the measures taken or contemplated to combat sexual harassment in the workplace, the Committee is bound to repeat its request in this respect, referring once again to its general observation of 2002, in which it emphasizes that sexual harassment undermines equality at work by jeopardizing the integrity, dignity and well-being of workers and is harmful to enterprises by weakening the foundations of the employment relationship and reducing productivity.

Article 1, paragraph 1(b). Additional grounds of discrimination. The Committee notes with interest the adoption of Act No. 019/PR/2007 of 15 November 2007, protecting the rights of persons living with HIV/AIDS. This Act contains provisions which define the denial of access to employment for HIV‑positive persons as a discriminatory act (section 22), prohibit screening for HIV in relation to obtaining employment, promotion, training or benefits (section 36), guarantee employment to any employee who is living with HIV as long as he or she is capable of working, and guarantees the offer of acceptable replacement work (section 36), and prohibit any penalty or dismissal on the basis of the worker’s HIV status (section 38). The Committee requests the Government to indicate whether the implementing decrees provided for in section 64 of the Act No. 019/PR/2007 have been adopted, particularly as regards the abovementioned provisions relating to the right to work (sections 32–41) and, if so, to provide a copy of the decrees. The Government is also requested to provide information on any measure taken or contemplated to ensure the effective implementation of these legislative provisions against discrimination towards, and stigmatization of, persons living with HIV/AIDS, for example awareness-raising campaigns on equality at work intended for workers’ and employers’ organizations, labour inspectors, magistrates and the general public.

Also noting, according to the information contained in the report drawn up by the Ministry of Education in October 2008 on the development of education, that an Act on the protection of disabled persons has been adopted, the Committee requests the Government to send a copy of it to the Office and indicate the steps taken to ensure in practice the equality of opportunity and treatment in respect of employment and occupation for disabled persons.

Article 2. National policy to promote equality. Access to education and vocational training. As regards education and training, on which actual possibilities of access to employment and occupation in both the public and private sectors depend, the Committee notes with interest the adoption of Act No. 016/PR/06 of 13 March 2006 issuing guidelines for the Chadian education system, which focuses on combating the exclusion from education of groups considered the most vulnerable, namely girls living in rural areas, nomadic and lake-dwelling groups, street children, physically disabled persons, refugees and displaced persons, child domestic workers, child herders and child soldiers. The objectives of this Act include ensuring equitable access to high-quality education for all Chadian children and promoting schooling for girls by removing stereotypes and other socio-economic and cultural obstacles to the full development of girls and women in terms of the education process.

The Committee also notes, according to the abovementioned report on education, that incentives aimed at making school attendance more attractive to girls are provided for in the “National plan of action for education for all” and that experimental action has been taken in four pilot areas to promote schooling for girls, such as awareness raising on a large scale with regard to gender issues, grants to communities to undertake income-generating activities, waiving school fees and no age limits on school enrolment for girls, etc.

Welcoming the efforts made and the desire shown by the Government to achieve greater equality in the area of education and training, the Committee hopes that the planned measures to promote equal access to education will be implemented in the near future and that the abovementioned experimental measures can be extended throughout the country in order to rectify the inequalities which exist in practice. It requests the Government to supply information on the results achieved, in the context of the various mechanisms established, with respect to schooling and access to vocational training for girls and women, particularly those living in rural areas. Please also provide information on any measure taken or contemplated to combat discrimination on grounds other than sex in education and vocational training, including the results achieved.

Article 3(d). Employment in the public sector. The Committee requests the Government to provide as detailed information as possible on the measures taken or contemplated to promote and guarantee equality of opportunity and treatment in the public sector, including the results achieved by these measures in terms of employment, promotion and training of women within the public service. The Government is also requested to supply all available statistical information on the numbers of men and women employed at different levels in public service and, more generally, in the public sector.

Part V of the report form. Practical application and statistics. The Committee notes that in reply to its request for statistics the Government indicates that it will soon give labour inspectors the means to gather information relating to the situation of workers on the ground. The Committee requests the Government to indicate the steps taken to equip labour inspectors with the appropriate resources and to supply the statistical information thus obtained on employment in the private and public sectors, disaggregated by sex, and also any statistical information available on employment in the informal economy, in order to enable an evaluation of the effect given to the Convention in practice.

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The Committee recalls that, for several years, it has been raising a number of issues relating to the application of the Convention in law and in practice, seeking additional information from the Government on a number of issues. However, the Committee notes that, for the second consecutive time, the Government’s report does not reply to the Committee’s comments. The Committee urges the Government, therefore, to provide information on the all the outstanding issues as set out below.

Article 1 of the Convention. Grounds of discrimination. Article 32 of the Constitution states that no one can be discriminated against in their work on the grounds of origin, opinions, beliefs, sex or matrimonial situation, but does not include the other grounds of discrimination set out in Article 1(1)(a) of the Convention, particularly race and colour. In this regard, the Committee had already observed that the grounds of race and colour are of particular significance to promote and ensure equality of opportunity and treatment in employment and occupation in multi-ethnic societies. The Committee therefore requests the Government to amend the legislation to ensure that it addresses, as a minimum, discrimination based on all the grounds listed in the Convention, including race and colour. The Committee requests the Government to provide information on the steps taken in this regard.

Discrimination based on sex. Recalling that article 9 of Ordinance No. 006/PR/84 contains provisions granting the husband the right to object to the commercial activities of his spouse, the Committee notes that such provisions are incompatible with the Convention and urges the Government to take the necessary measures to repeal them. Recalling its 2002 general observation on sexual harassment, the Committee urges the Government to provide information on the measures taken, or envisaged, to address sexual harassment at work.

Article 2. National policy to promote equality. The Committee is concerned that the Government, for a numbers of years, has not provided any information on the measures taken to promote and ensure gender equality in employment and occupation, including equal access to education and training. The Committee therefore urges the Government to provide information on the measures taken, or envisaged, to adopted and pursue a national policy to promote and ensure equality of opportunity and treatment of men and women in employment and occupation, as well as in training and education at all levels. The Committee also urges the Government to provide information on the measures taken to address discrimination based on grounds other than sex.

Part V of the report form. Practical application and statistics. The Government previously indicated that no judicial decisions concerning the Convention had been issued and that no practical difficulties had been encountered with respect to its application. The Committee reiterates emphatically that the absence of cases brought before the courts is not necessarily an indication that discrimination does not exist in practice. It also emphasizes again the need to collect and analyse appropriate statistics. In addition, the Committee stresses that the Government, in cooperation with workers’ and employers’ organizations and other appropriate bodies, should take measures to promote awareness and understanding of the principle of equality at work, with a view to securing observance of the Convention. The Committee requests the Government to make every effort to collect and provide statistical information disaggregated by sex, national extraction and religion in employment and occupation in the private and public sectors, as well as information on the measures taken or envisaged to promote awareness and understanding of the principle of equality at work among relevant public officials, workers’ and employers’ representatives, the judiciary and the public at large.

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

The Committee notes that the Government’s brief report does not provide adequate information in response to all the matters raised in its previous direct request. The Committee therefore hopes that the Government will make every effort to provide full information on all matters raised below in its next report.

1. Article 1(1)(a) of the Convention. Sexual harassment. The Committee notes that the Government has not yet responded in its report to the Committee’s 2002 general observation on sexual harassment. The Committee urges the Government to provide information on the measures taken and the effects of such measures to address sexual harassment.

2. National extraction. With regard to the Committee’s previous comment concerning measures against discrimination on the basis of national extraction, the Government stated in an earlier report that there is no evidence that national extraction is used to disqualify job applicants. The Committee recalls that the mere absence of reported cases of discrimination is not to be regarded as an indication of its non-existence and hopes that the Government will take the necessary measures to ensure, in law and practice, the prohibition of non-discrimination on the ground of national extraction in public and private employment and to keep the Committee informed of any progress in this regard.

3. Article 2. Policy to promote equality. The Committee notes the Government’s statement that it promotes equality of opportunity and treatment in employment and occupation through its National Employment Policy Declaration, which includes an education strategy, population policy and a policy to integrate women into development (IDF). It recalls that the IDF policy contains various objectives and measures concerning the training and employment of women and that according to the population policy, the ultimate objective in the promotion of women is the elimination of sex-based discrimination. In this regard, the Committee recalls the Government’s plan to repeal the provisions granting a husband the right to object to the commercial activities of his spouse as contained in article 9 of Ordinance No. 006/PR/84. The Committee hopes that the Government will make every effort to provide information on the measures taken or envisaged to realize the objectives of the abovementioned policies, as far as they relate to the promotion of equal access of women and girls to education, vocational training and employment, including the repeal of article 9 of Ordinance No. 006/PR/84, which is incompatible with the Convention. Reminding the Government that the national policy should address all the grounds listed in Article 1(1)(a) of the Convention, the Committee asks what measures the Government is taking to promote equal opportunity and treatment with a view to eliminating discrimination in employment and occupation on grounds other than sex.

4. Education and training. The Committee recalls Ministerial Order No. 300/MEN/DG/94 of the Ministry of National Education of 30 December 1994 which established a technical unit to promote girls’ education. According to the Government’s report, traditional attitudes that prevented girls from going to school have been changing, although the participation rate of girls at the secondary and tertiary levels of education is low. In this regard, the Committee notes from the Government’s Poverty Reduction Strategy Paper (PRSP) of June 2003, that parents continue to discriminate in favour of boys when it comes to enrolling their children in school and that most women, therefore, lack a modern education (paragraph 3.1.3.4). The Committee asks the Government to provide information in its next report on the activities of the technical unit and measures taken to improve women’s and girls’ participation in education and training at the secondary and tertiary levels. It also asks for information on the results of the measures planned under the PRSP to promote equality in access to education and on the progress made towards reducing the enrolment gap between boys and girls by 15 per cent.

5. The Government is asked to continue to provide detailed information on the activities of the body related to equality in employment and occupation, for women’s associations (Cellule de liaison et d’information des associations féminines), in particular its collaboration with women’s committees of trade unions.

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

1. The Committee notes the Government’s report, but regrets that it does not adequately reply to the matters raised in its previous observation. The Committee, therefore, hopes that the Government will make every effort to provide full information on all the matters raised below in its next report.

2. Article 1(1)(a) of the Convention. Definition of discrimination. The Committee once again refers to its previous comment concerning article 32 of the Constitution, which states that no one can be discriminated against in their work on the grounds of origin, opinions, beliefs, sex or matrimonial situation, but does not include the other grounds of discrimination set out in Article 1(1)(a) of the Convention, particularly race and colour. The Committee notes the statement of the Government that race and colour were never criteria for discrimination in Chad and that the legislator therefore simply omitted these terms in the Constitution. While stressing the equal importance of all grounds listed in the Convention, the Committee observes that the grounds of race and colour are of particular significance to promote and ensure equality of opportunity and treatment in employment and occupation in multi-ethnic societies. The Committee hopes that the Government will consider amending article 32 of the Constitution or adopting legislation so as to bring it fully into line with the Convention. Noting from the report that the regulations enforcing the Labour Code will take into account the grounds of race and colour, the Committee requests the Government to provide information on the progress made in this respect and to provide a copy of these regulations as soon as they are adopted.

3. Part V of the report form. Practical application and statistics. The Committee notes from the Government’s report that it has not recorded any instances of discrimination in legislation, administrative practice or in relations between persons or groups of persons. It also notes that there are no judicial decisions relevant to the Convention and that no practical difficulties have been encountered with respect to its application. The Committee reminds the Government that the absence of cases is not necessarily an indication that discrimination does not exist in practice. It also emphasises in this context that the collection of relevant data is important for both the Government and the Committee to evaluate the progress made in the application of the principle of the Convention. Noting that the National Office for the Promotion of Employment does not have statistics at its disposal regarding the application of the Convention, the Committee hopes the Government will make every effort to include information in its next report such as statistical data disaggregated by sex, race, ethnicity and religion in employment and occupation in the private and public sectors, along with any other information that may enable the Committee to assess how the provisions of the Convention are applied in practice.

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

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

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The Committee notes that the Government’s brief report does not provide adequate information in response to all the matters raised in its previous direct request. The Committee therefore hopes that the Government will make every effort to provide full information on all matters raised below in its next report.

1. Article 1(1)(a) of the Convention. Sexual harassment. The Committee notes that the Government has not yet responded in its report to the Committee’s 2002 general observation on sexual harassment. The Committee urges the Government to provide information on the measures taken and the effects of such measures to address sexual harassment.

2. National extraction. With regard to the Committee’s previous comment concerning measures against discrimination on the basis of national extraction, the Government stated in an earlier report that there is no evidence that national extraction is used to disqualify job applicants. The Committee recalls that the mere absence of reported cases of discrimination is not to be regarded as an indication of its non-existence and hopes that the Government will take the necessary measures to ensure, in law and practice, the prohibition of non-discrimination on the ground of national extraction in public and private employment and to keep the Committee informed of any progress in this regard.

3. Article 2. Policy to promote equality. The Committee notes the Government’s statement that it promotes equality of opportunity and treatment in employment and occupation through its National Employment Policy Declaration, which includes an education strategy, population policy and a policy to integrate women into development (IDF). It recalls that the IDF policy contains various objectives and measures concerning the training and employment of women and that according to the population policy, the ultimate objective in the promotion of women is the elimination of sex-based discrimination. In this regard, the Committee recalls the Government’s plan to repeal the provisions granting a husband the right to object to the commercial activities of his spouse as contained in article 9 of Ordinance No. 006/PR/84. The Committee hopes that the Government will make every effort to provide information on the measures taken or envisaged to realize the objectives of the abovementioned policies, as far as they relate to the promotion of equal access of women and girls to education, vocational training and employment, including the repeal of article 9 of Ordinance No. 006/PR/84, which is incompatible with the Convention. Reminding the Government that the national policy should address all the grounds listed in Article 1(1)(a) of the Convention, the Committee asks what measures the Government is taking to promote equal opportunity and treatment with a view to eliminating discrimination in employment and occupation on grounds other than sex.

4. Education and training. The Committee recalls Ministerial Order
No. 300/MEN/DG/94 of the Ministry of National Education of 30 December 1994 which established a technical unit to promote girls’ education. According to the Government’s report, traditional attitudes that prevented girls from going to school have been changing, although the participation rate of girls at the secondary and tertiary levels of education is low. In this regard, the Committee notes from the Government’s Poverty Reduction Strategy Paper (PRSP) of June 2003, that parents continue to discriminate in favour of boys when it comes to enrolling their children in school and that most women, therefore, lack a modern education (paragraph 3.1.3.4). The Committee asks the Government to provide information in its next report on the activities of the technical unit and measures taken to improve women’s and girls’ participation in education and training at the secondary and tertiary levels. It also asks for information on the results of the measures planned under the PRSP to promote equality in access to education and on the progress made towards reducing the enrolment gap between boys and girls by 15 per cent.

5. The Government is asked to continue to provide detailed information on the activities of the body related to equality in employment and occupation, for women’s associations (Cellule de liaison et d’information des associations féminines), in particular its collaboration with women’s committees of trade unions.

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1. The Committee notes the Government’s report, but regrets that it does not adequately reply to the matters raised in its previous observation. The Committee, therefore, hopes that the Government will make every effort to provide full information on all the matters raised below in its next report.

2. Article 1(1)(a) of the Convention. Definition of discrimination. The Committee once again refers to its previous comment concerning article 32 of the Constitution, which states that no one can be discriminated against in their work on the grounds of origin, opinions, beliefs, sex or matrimonial situation, but does not include the other grounds of discrimination set out in Article 1(1)(a) of the Convention, particularly race and colour. The Committee notes the statement of the Government that race and colour were never criteria for discrimination in Chad and that the legislator therefore simply omitted these terms in the Constitution. While stressing the equal importance of all grounds listed in the Convention, the Committee observes that the grounds of race and colour are of particular significance to promote and ensure equality of opportunity and treatment in employment and occupation in multi-ethnic societies. The Committee hopes that the Government will consider amending article 32 of the Constitution or adopting legislation so as to bring it fully into line with the Convention. Noting from the report that the regulations enforcing the Labour Code will take into account the grounds of race and colour, the Committee requests the Government to provide information on the progress made in this respect and to provide a copy of these regulations as soon as they are adopted.

3. Part V of the report form. Practical application and statistics. The Committee notes from the Government’s report that it has not recorded any instances of discrimination in legislation, administrative practice or in relations between persons or groups of persons. It also notes that there are no judicial decisions relevant to the Convention and that no practical difficulties have been encountered with respect to its application. The Committee reminds the Government that the absence of cases is not necessarily an indication that discrimination does not exist in practice. It also emphasises in this context that the collection of relevant data is important for both the Government and the Committee to evaluate the progress made in the application of the principle of the Convention. Noting that the National Office for the Promotion of Employment does not have statistics at its disposal regarding the application of the Convention, the Committee hopes the Government will make every effort to include information in its next report such as statistical data disaggregated by sex, race, ethnicity and religion in employment and occupation in the private and public sectors, along with any other information that may enable the Committee to assess how the provisions of the Convention are applied in practice.

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

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

1. Article 1(1)(a) of the Convention. Sexual harassment. The Committee notes that the Government has not responded in its report to the Committee’s general observation of 2002 on sexual harassment. The Committee urges the Government to provide information on the measures taken and the effects of such measures to address sexual harassment.

2. Article 2 of the Convention. Policy to promote equality. In the absence of adequate information in the Government’s report, the Committee repeats, in relevant parts, the matters raised in its previous direct request, which read as follows:

1. The Committee notes that according to the policy on population, promulgated on 22 July 1994, and Act No. 19/PR/95 of 4 September 1995, the ultimate objective of the promotion of women is the elimination of all forms of discrimination against women, which are obstacles to their integration into the development process. The Committee also notes that the Government attributes importance to information activities to change traditional attitudes regarding the status of women and to promoting the awareness among women of their rights. The policy also promotes the better adaptation of education and training to the employment needs in the private and public sector. The Committee notes that the IDF policy contains various objectives and measures concerning training and employment of women, including the extension of women’s economic activities in non-traditional areas, the creation of vocational training centres for girls, stipends for female students in technical areas, and support for the creation of small enterprises. In respect of the latter, the Committee notes that the Government planned to repeal the provisions stipulating a right of the husband to object to commercial activities of the spouse contained in article 9 of Ordinance No. 006/PR/84. The Committee hopes that the Government will make every effort to provide information on the measures taken or envisaged to realize the objectives of the abovementioned policies, as far as they relate to the promotion of equal access of women and girls to education, vocational training and employment, including on the repeal of article 9 of Ordinance No. 006/PR/84, which is incompatible with the Convention. The Committee further reiterates its request to the Government to provide information on the activities in respect of promoting access of women to employment of the national IDF committee and IDF focal points, to which the Government has referred previously.

2. The Committee notes Ministerial Order No. 300/MEN/DG/94 of the Ministry of National Education of 30 December 1994 which establishes the technical unit to promote girls’ education (CTPSF) under the responsibility of the Director-General of the Ministry. The Committee notes that the unit’s mandate includes giving advice to the Director-General and coordinating activities of the different actors involved in the education of girls, and to develop measures to increase the participation of girls in education. According to the report, traditional attitudes that prevented girls from going to school have been changed in the areas covered. The Committee notes with interest that, while overall participation in primary school increased from 1995 to 1998, the gap between boys and girls decreased. The Committee also notes the low participation of girls at the secondary and tertiary level. The Committee requests the Government to continue to provide similar information in its next report, in particular on the activities of the technical cell and measures taken to improve women’s and girls’ participation in education and training at the secondary and tertiary levels.

3. The Government is asked to continue to provide detailed information on the activities of the unit related to equality in employment and occupation, for women’s associations (Cellule de liaison et d’information des associations féminines), in particular its collaboration with women’s committees of trade unions.

4. With regard to its previous comment concerning measures against discrimination on the basis of national extraction, the Committee understands from the report that, according to the Government, there is no evidence that national extraction is used to disqualify job applicants. The Committee recalls that the mere absence of reported cases of discrimination is not to be regarded as indication as to its non-existence and hopes that the Government will take the necessary measures to ensure, in law and practice, the prohibition of non-discrimination on the ground of national extraction in public and private employment and to keep the Committee informed thereof.

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

1. Article 1(1)(a) of the Convention. Definition of discrimination. The Committee once again refers to its previous comment concerning article 32 of the Constitution, which states that no one can be discriminated against in their work on the grounds of origin, opinions, beliefs, sex or matrimonial situation, but does not include other grounds of discrimination set out in Article 1(1)(a) of the Convention, particularly race and colour. The Committee notes the statement of the Government that race and colour were never criteria for discrimination in Chad and that the legislator therefore simply omitted these terms in the Constitution. While stressing the equal importance of all grounds listed in the Convention, the Committee observes that the grounds of race and colour are of particular significance to promote and ensure equality of opportunity and treatment in employment and occupation in multi-ethnic societies. The Committee hopes that the Government will consider amending article 32 of the Constitution or adopting legislation so as to bring it fully into line with the Convention. Noting from the report that the regulations enforcing the Labour Code will take into account the grounds of race and colour, the Committee requests the Government to provide information on the progress made in this respect and to provide a copy of these regulations as soon as adopted.

2. Part V of the report form. Practical application. The Committee notes from the Government’s brief report that equality of treatment is recognized in Chad, that women are not discriminated against and are entering employment in both the private and public sectors, and as members of Government and Parliament. The report however contains no information on concrete measures taken to facilitate women’s access to public and private employment nor data on the employment situation of women. Both these issues have been raised in earlier comments by the Committee following the communication from the Trade Union Confederation of Chad (CST) of 27 June 1997 alleging non-application by Chad of the principles of equality in employment and occupation for women workers. The Committee stresses once again that, in addition to legislative and policy measures, the Convention requires the Government to pursue a national policy for the promotion of equal opportunity and treatment in employment and occupation through positive measures with a view to eliminating discrimination on the grounds contained in the Convention and promoting equality. In connection with this it continues to encourage the Government to provide adequate resources to those structures responsible for implementing such policy. The Committee reiterates its request for information on the measures taken to promote equal access of women to training and employment in the private and public sectors and the results of such action, as well as data on labour force participation of men and women, as is called for under the population policy declaration, and the policy to integrate women into development.

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

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

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1. Article 1(1)(a) of the Convention. Sexual harassment. The Committee notes that the Government has not responded in its report to the Committee’s general observation of 2002 on sexual harassment. The Committee urges the Government to provide information on the measures taken and the effects of such measures to address sexual harassment.

2. Article 2 of the Convention. Policy to promote equality. In the absence of adequate information in the Government’s report, the Committee repeats, in relevant parts, the matters raised in its previous direct request, which read as follows:

1. The Committee notes that according to the policy on population, promulgated on 22 July 1994, and Act No. 19/PR/95 of 4 September 1995, the ultimate objective of the promotion of women is the elimination of all forms of discrimination against women, which are obstacles to their integration into the development process. The Committee also notes that the Government attributes importance to information activities to change traditional attitudes regarding the status of women and to promoting the awareness among women of their rights. The policy also promotes the better adaptation of education and training to the employment needs in the private and public sector. The Committee notes that the IDF policy contains various objectives and measures concerning training and employment of women, including the extension of women’s economic activities in non-traditional areas, the creation of vocational training centres for girls, stipends for female students in technical areas, and support for the creation of small enterprises. In respect of the latter, the Committee notes that the Government planned to repeal the provisions stipulating a right of the husband to object to commercial activities of the spouse contained in article 9 of Ordinance No. 006/PR/84. The Committee hopes that the Government will make every effort to provide information on the measures taken or envisaged to realize the objectives of the abovementioned policies, as far as they relate to the promotion of equal access of women and girls to education, vocational training and employment, including on the repeal of article 9 of Ordinance No. 006/PR/84, which is incompatible with the Convention. The Committee further reiterates its request to the Government to provide information on the activities in respect of promoting access of women to employment of the national IDF committee and IDF focal points, to which the Government has referred previously.

2. The Committee notes Ministerial Order No. 300/MEN/DG/94 of the Ministry of National Education of 30 December 1994 which establishes the technical unit to promote girls’ education (CTPSF) under the responsibility of the Director-General of the Ministry. The Committee notes that the unit’s mandate includes giving advice to the Director-General and coordinating activities of the different actors involved in the education of girls, and to develop measures to increase the participation of girls in education. According to the report, traditional attitudes that prevented girls from going to school have been changed in the areas covered. The Committee notes with interest that, while overall participation in primary school increased from 1995 to 1998, the gap between boys and girls decreased. The Committee also notes the low participation of girls at the secondary and tertiary level. The Committee requests the Government to continue to provide similar information in its next report, in particular on the activities of the technical cell and measures taken to improve women’s and girls’ participation in education and training at the secondary and tertiary levels.

3. The Government is asked to continue to provide detailed information on the activities of the unit related to equality in employment and occupation, for women’s associations (Cellule de liaison et d’information des associations féminines), in particular its collaboration with women’s committees of trade unions.

4. With regard to its previous comment concerning measures against discrimination on the basis of national extraction, the Committee understands from the report that, according to the Government, there is no evidence that national extraction is used to disqualify job applicants. The Committee recalls that the mere absence of reported cases of discrimination is not to be regarded as indication as to its non-existence and hopes that the Government will take the necessary measures to ensure, in law and practice, the prohibition of non-discrimination on the ground of national extraction in public and private employment and to keep the Committee informed thereof.

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1. Article 1(1)(a) of the Convention. Definition of discrimination. The Committee once again refers to its previous comment concerning article 32 of the Constitution, which states that no one can be discriminated against in their work on the grounds of origin, opinions, beliefs, sex or matrimonial situation, but does not include other grounds of discrimination set out in Article 1(1)(a) of the Convention, particularly race and colour. The Committee notes the statement of the Government that race and colour were never criteria for discrimination in Chad and that the legislator therefore simply omitted these terms in the Constitution. While stressing the equal importance of all grounds listed in the Convention, the Committee observes that the grounds of race and colour are of particular significance to promote and ensure equality of opportunity and treatment in employment and occupation in multi-ethnic societies. The Committee hopes that the Government will consider amending article 32 of the Constitution or adopting legislation so as to bring it fully into line with the Convention. Noting from the report that the regulations enforcing the Labour Code will take into account the grounds of race and colour, the Committee requests the Government to provide information on the progress made in this respect and to provide a copy of these regulations as soon as adopted.

2. Part V of the report form. Practical application. The Committee notes from the Government’s brief report that equality of treatment is recognized in Chad, that women are not discriminated against and are entering employment in both the private and public sectors, and as members of Government and Parliament. The report however contains no information on concrete measures taken to facilitate women’s access to public and private employment nor data on the employment situation of women. Both these issues have been raised in earlier comments by the Committee following the communication from the Trade Union Confederation of Chad (CST) of 27 June 1997 alleging non-application by Chad of the principles of equality in employment and occupation for women workers. The Committee stresses once again that, in addition to legislative and policy measures, the Convention requires the Government to pursue a national policy for the promotion of equal opportunity and treatment in employment and occupation through positive measures with a view to eliminating discrimination on the grounds contained in the Convention and promoting equality. In connection with this it continues to encourage the Government to provide adequate resources to those structures responsible for implementing such policy. The Committee reiterates its request for information on the measures taken to promote equal access of women to training and employment in the private and public sectors and the results of such action, as well as data on labour force participation of men and women, as is called for under the population policy declaration, and the policy to integrate women into development.

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

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

Further to its observation on the application of the Convention, the Committee draws the Government’s attention to the following points.

1. The Committee thanks the Government for transmitting copies of Act No. 25/PR/94 adopting a population policy declaration, promulgated on 22 July 1994, and Act No. 19/PR/95 of 4 September 1995 which declares a policy to integrate women into development (IDF). The Committee notes that according to the policy on population, the ultimate objective of the promotion of women is the elimination of all forms of discrimination against women, which are obstacles to their integration into the development process. The Committee also notes that the Government attributes importance to information activities to change traditional attitudes regarding the status of women and to promoting the awareness among women of their rights. The policy also promotes the better adaptation of education and training to the employment needs in the private and public sector. The Committee notes that the IDF policy contains various objectives and measures concerning training and employment of women, including the extension of women’s economic activities in non-traditional areas, the creation of vocational training centres for girls, stipends for female students in technical areas, and support for the creation of small enterprises. In respect of the latter, the Committee notes that the Government planned to repeal the provisions stipulating a right of the husband to object to commercial activities of the spouse contained in article 9 of Ordinance No. 006/PR/84. The Committee hopes that the Government will make every effort to provide information on the measures taken or envisaged to realize the objectives of the abovementioned policies, as far as they relate to the promotion of equal access of women and girls to education, vocational training and employment, including on the repeal of article 9 of Ordinance No. 006/PR/84, which is incompatible with the Convention. The Committee further reiterates its request to the Government to provide information on the activities in respect of promoting access of women to employment of the national IDF committee and IDF focal points, to which the Government has referred previously.

2. The Committee notes Ministerial Order No. 300/MEN/DG/94 of the Ministry of National Education of 30 December 1994 which establishes the technical unit to promote girls’ education (CTPSF) under the responsibility of the Director-General of the Ministry. The Committee notes that the unit’s mandate includes giving advice to the Director-General and coordinating activities of the different actors involved in the education of girls, and to develop measures to increase the participation of girls in education. According to the report, traditional attitudes that prevented girls from going to school have been changed in the areas covered. The Committee notes with interest that, while overall participation in primary school increased from 1995 to 1998, the gap between boys and girls decreased. The Committee also notes the low participation of girls at the secondary and tertiary level. The Committee requests the Government to continue to provide similar information in its next report, in particular on the activities of the technical cell and measures taken to improve women’s and girls’ participation in education and training at the secondary and tertiary level.

3. The Committee notes the information provided on the coordination unit for women’s associations ("Cellule de liaison et d’information des associations féminines"). The Government is asked to continue to provide detailed information on the activities of the unit related to equality in employment and occupation, in particular its collaboration with women’s committees of trade unions.

4. With regard to its previous comment concerning measures against discrimination on the basis of national extraction, the Committee understands from the report that, according to the Government, there is no evidence that national extraction is used to disqualify job applicants. The Committee recalls that the mere absence of reported cases of discrimination is not to be regarded as indication as to its non-existence and hopes that the Government will take the necessary measures to ensure, in law and practice, the prohibition of non-discrimination on the ground of national extraction in public and private employment and to keep the Committee informed thereof.

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

1. The Committee recalls the communication from the Trade Union Confederation of Chad (CST) of 27 June 1997 alleging non-application by Chad of the principles of equality in employment and occupation for women workers. According to CST, the Government had taken no concrete measures to facilitate access of women to public and private employment, despite the several provisions in the 1996 Constitution aiming at the elimination of all forms of discrimination against women. The CST further referred to the technical shortcomings of the ministerial departments responsible for the promotion of women and the need for data collection and comparative research on the employment situation of women. The Committee notes the Government’s reply indicating that the application of the Convention is guaranteed by the Constitution. The Government also states that there is a general lack of means to equip ministerial departments adequately, hence the Ministry responsible for the promotion of women is not the only body affected. The Government believes that the collection of data is only a partial solution as regards the application of the Convention and that poverty remains a major obstacle.

2. The Committee recalls that the existence of constitutional protection in respect of the principles of the Convention is, in itself, not sufficient to constitute a national policy for the promotion of equal opportunity and treatment in employment and occupation, as required under Articles 2 and 3 of the Convention. Noting that article 13 of the Constitution provides for equal rights and duties of men and women and that article 14 establishes equality before the law without distinction and the explicit obligation of the State to watch over the elimination of all forms of discrimination against women and to protect their rights in all spheres of private and public life, the Committee stresses again that the Convention, in addition to legislative measures, requires the Government to pursue the national policy through positive measures with a view to eliminating discrimination on the grounds contained in the Convention and to promoting equality. Noting that the Government has in fact adopted policies and objectives regarding the situation of women, including through Act No. 19/PR/95 of 4 September 1995 declaring a policy on the integration of women into development, the Committee asks the Government to provide information on the implementation of the various measures to promote equal access of women to training and employment in the private and public sector. The Committee shares the Government’s view that the collection of statistical data is not an end in itself, but rather part of an effective policy to promote women’s equality in employment, and allows for the taking of targeted action. Noting that the Government has provided information on the participation of women and girls in education, the Committee encourages the Government to make every effort to provide also statistical information on the distribution of men and women in employment in the private and public sector. The Committee also encourages the Government to continue to make all possible efforts to allocate adequate resources to the institutions and structures responsible for promoting women’s equal education and employment, having in mind that the empowerment of women is fundamental to the development of society as a whole.

3. The Committee refers to its previous comment concerning article 32 of the Constitution, which states that no one can be discriminated against in their work on the grounds of origin, opinions, beliefs, sex or matrimonial situation, but does not include other grounds of discrimination set out in Article 1(1)(a) of the Convention, particularly race and colour. The Committee notes the statement of the Government that race and colour never were criteria for discrimination in Chad and that the legislator therefore simply omitted these terms in the Constitution. While stressing the equal importance of all grounds listed in the Convention, the Committee observes that the grounds of race and colour are of particular significance to promote and ensure equality of opportunity and treatment in employment and occupation in multi-ethnic societies. Recalling once again paragraph 58 of the Committee’s General Survey of 1988 on equality in employment and occupation, where it stated that where provisions are adopted in order to give effect to the principles of the Convention they should include all the grounds of discrimination laid down in the Convention, the Committee hopes that the Government will consider amending article 32 of the Constitution or adopting legislation so as to bring it fully in line with the Convention. Noting from the report that the regulations enforcing the Labour Code will take into account the grounds of race and colour, the Committee requests the Government to provide information on the progress made in this respect and to provide a copy of these regulations as soon as adopted.

In addition, the Committee is addressing a request directly to the Government on other questions.

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Further to its observation on the application of the Convention, the Committee draws the Government’s attention to the following points.

1. The Committee thanks the Government for transmitting copies of Act No. 25/PR/94 adopting a population policy declaration, promulgated on 22 July 1994, and Act No. 19/PR/95 of 4 September 1995 which declares a policy to integrate women into development (IDF). The Committee notes that according to the policy on population, the ultimate objective of the promotion of women is the elimination of all forms of discrimination against women, which are obstacles to their integration into the development process. The Committee also notes that the Government attributes importance to information activities to change traditional attitudes regarding the status of women and to promoting the awareness among women of their rights. The policy also promotes the better adaptation of education and training to the employment needs in the private and public sector. The Committee notes that the IDF policy contains various objectives and measures concerning training and employment of women, including the extension of women’s economic activities in non-traditional areas, the creation of vocational training centres for girls, stipends for female students in technical areas, and support for the creation of small enterprises. In respect of the latter, the Committee notes that the Government planned to repeal the provisions stipulating a right of the husband to object to commercial activities of the spouse contained in article 9 of Ordinance No. 006/PR/84. The Committee hopes that the Government will make every effort to provide information on the measures taken or envisaged to realize the objectives of the abovementioned policies, as far as they relate to the promotion of equal access of women and girls to education, vocational training and employment, including on the repeal of article 9 of Ordinance No. 006/PR/84, which is incompatible with the Convention. The Committee further reiterates its request to the Government to provide information on the activities in respect of promoting access of women to employment of the national IDF committee and IDF focal points, to which the Government has referred previously.

2. The Committee notes Ministerial Order No. 300/MEN/DG/94 of the Ministry of National Education of 30 December 1994 which establishes the technical unit to promote girls’ education (CTPSF) under the responsibility of the Director-General of the Ministry. The Committee notes that the unit’s mandate includes giving advice to the Director-General and coordinating activities of the different actors involved in the education of girls, and to develop measures to increase the participation of girls in education. According to the report, traditional attitudes that prevented girls from going to school have been changed in the areas covered. The Committee notes with interest that, while overall participation in primary school increased from 1995 to 1998, the gap between boys and girls decreased. The Committee also notes the low participation of girls at the secondary and tertiary level. The Committee requests the Government to continue to provide similar information in its next report, in particular on the activities of the technical cell and measures taken to improve women’s and girls’ participation in education and training at the secondary and tertiary level.

3. The Committee notes the information provided on the coordination unit for women’s associations ("Cellule de liaison et d’information des associations féminines"). The Government is asked to continue to provide detailed information on the activities of the unit related to equality in employment and occupation, in particular its collaboration with women’s committees of trade unions.

4. With regard to its previous comment concerning measures against discrimination on the basis of national extraction, the Committee understands from the report that, according to the Government, there is no evidence that national extraction is used to disqualify job applicants. The Committee recalls that the mere absence of reported cases of discrimination is not to be regarded as indication as to its non-existence and hopes that the Government will take the necessary measures to ensure, in law and practice, the prohibition of non discrimination on the ground of national extraction in public and private employment and to keep the Committee informed thereof.

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The Committee notes the Government’s report and the documentation attached.

1. The Committee recalls the communication from the Trade Union Confederation of Chad (CST) of 27 June 1997 alleging non-application by Chad of the principles of equality in employment and occupation for women workers. According to CST, the Government had taken no concrete measures to facilitate access of women to public and private employment, despite the several provisions in the 1996 Constitution aiming at the elimination of all forms of discrimination against women. The CST further referred to the technical shortcomings of the ministerial departments responsible for the promotion of women and the need for data collection and comparative research on the employment situation of women. The Committee notes the Government’s reply indicating that the application of the Convention is guaranteed by the Constitution. The Government also states that there is a general lack of means to equip ministerial departments adequately, hence the Ministry responsible for the promotion of women is not the only body affected. The Government believes that the collection of data is only a partial solution as regards the application of the Convention and that poverty remains a major obstacle.

2. The Committee recalls that the existence of constitutional protection in respect of the principles of the Convention is, in itself, not sufficient to constitute a national policy for the promotion of equal opportunity and treatment in employment and occupation, as required under Articles 2 and 3 of the Convention. Noting that article 13 of the Constitution provides for equal rights and duties of men and women and that article 14 establishes equality before the law without distinction and the explicit obligation of the State to watch over the elimination of all forms of discrimination against women and to protect their rights in all spheres of private and public life, the Committee stresses again that the Convention, in addition to legislative measures, requires the Government to pursue the national policy through positive measures with a view to eliminating discrimination on the grounds contained in the Convention and to promoting equality. Noting that the Government has in fact adopted policies and objectives regarding the situation of women, including through Act No. 19/PR/95 of 4 September 1995 declaring a policy on the integration of women into development, the Committee asks the Government to provide information on the implementation of the various measures to promote equal access of women to training and employment in the private and public sector. The Committee shares the Government’s view that the collection of statistical data is not an end in itself, but rather part of an effective policy to promote women’s equality in employment, and allows for the taking of targeted action. Noting that the Government has provided information on the participation of women and girls in education, the Committee encourages the Government to make every effort to provide also statistical information on the distribution of men and women in employment in the private and public sector. The Committee also encourages the Government to continue to make all possible efforts to allocate adequate resources to the institutions and structures responsible for promoting women’s equal education and employment, having in mind that the empowerment of women is fundamental to the development of society as a whole.

3. The Committee refers to its previous comment concerning article 32 of the Constitution, which states that no one can be discriminated against in their work on the grounds of origin, opinions, beliefs, sex or matrimonial situation, but does not include other grounds of discrimination set out in Article 1(1)(a) of the Convention, particularly race and colour. The Committee notes the statement of the Government that race and colour never were criteria for discrimination in Chad and that the legislator therefore simply omitted these terms in the Constitution. While stressing the equal importance of all grounds listed in the Convention, the Committee observes that the grounds of race and colour are of particular significance to promote and ensure equality of opportunity and treatment in employment and occupation in multi-ethnic societies. Recalling once again paragraph 58 of the Committee’s General Survey of 1988 on equality in employment and occupation, where it stated that where provisions are adopted in order to give effect to the principles of the Convention they should include all the grounds of discrimination laid down in the Convention, the Committee hopes that the Government will consider amending article 32 of the Constitution or adopting legislation so as to bring it fully in line with the Convention. Noting from the report that the regulations enforcing the Labour Code will take into account the grounds of race and colour, the Committee requests the Government to provide information on the progress made in this respect and to provide a copy of these regulations as soon as adopted.

In addition, the Committee is addressing a request directly to the Government on other questions.

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The Committee notes the Government's report for the period ending 31 May 1997.

1. The Committee notes from this report that Act No. 25/PR/94 adopting the policy declaration of the population of Chad was promulgated on 22 July 1994 and that, among other matters, it recommends reinforcing the capacities of the women of Chad to fully exercise their rights, to increase their participation in the development process and to upgrade their social status. It also notes that under this Act, on 4 September 1995, the Government adopted Act No. 19/PR/95, which contains a declaration of a policy to integrate women into development (IFD). It requests the Government to provide a copy of these two texts. Noting also the creation in 1995 of IFD focal points at departmental level, as well as a national IFD committee placed under the auspices of the Minister for Women, it requests the Government to provide it with information on the activities of these bodies as regards the promotion of women's access to employment. It also requests information on the "Support for the protection of women" project which comes under IFD policy, as well as a copy of the "Objective list of the needs of the women of Chad", undertaken as part of this project. In addition, it asks the Government to supply a copy of the national report on the condition of women, which was not annexed to the last report.

2. The Committee notes the creation, by a Ministerial Order of 1994, of a technical cell to promote girls' education. The Government also indicates that the school attendance rate has risen slightly since the establishment of this body. The Committee would be grateful if the Government would provide it with a copy of the Ministerial Order of 1994 mentioned above, as well as statistical data on the attendance rates of girls and boys at different educational levels, since the creation in 1994 of the cell to promote girls' education.

3. The Committee notes that a coordination unit for women's associations has been established under the Minister responsible for the promotion of women, working in collaboration with the women's committees from central trade unions. It notes the Government's statement that the State shall make its advice and experience available during the workers' education and training programmes. The Committee requests the Government to submit information regarding the activities undertaken by the coordinating unit mentioned above, in collaboration with the trade unions, as regards promotion of the principle of equality in employment.

4. The Committee asks the Government to indicate the measures implemented or envisaged, in law and in practice, to ensure the prohibition of discrimination on the basis of national extraction, both in public and private employment.

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

1. The Committee notes the communication from the Trade Union Confederation of Chad (CST) of 27 June 1997 alleging non-application by Chad of the principle of equality in employment and occupation for women workers. The CST notes that the new Constitution was adopted by referendum on 31 March 1996 and that several of its provisions aim at the elimination of all forms of discrimination against women. Nevertheless, it notes that the Government has taken no concrete measures to facilitate access of women to public and private employment. The CST proposes that the ILO should provide the Government with urgent technical assistance in order to remedy the technical shortcomings, particularly the lack of material facilities in the ministerial department responsible for the promotion of women, and to enable it to collect statistics and carry out comparative research on the employment situation of women. 2. The Committee notes that the CST's observations were sent to the Government for comment. It hopes that the Government's report will arrive soon and that it will contain full information on the various points raised by the CST as well as detailed information on the implementation of the new Constitution. On this latter point, the Committee notes that article 32 of the Constitution states that no one can be discriminated against in their work on the grounds of their origin, opinions, beliefs, sex or matrimonial situation but does not seem to include the other grounds of discrimination set out in Article 1, paragraph 1(a), of the Convention, namely race and colour. 3. In this regard, the Committee draws the Government's attention to paragraph 58 of its 1988 General Survey on equality in employment and occupation which states that where provisions are adopted in order to give effect to the principle contained in the Convention they should include all the grounds of discrimination laid down in Article 1, paragraph 1(a). The Committee hopes that the Government's next report will provide details on the manner in which protection against discrimination on the grounds of race and colour is provided under the national policy on equality in employment. (...)

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

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

1. In regard to employment and training for women, the Committee notes that the Government does not supply the detailed information which has been requested for several years but restricts itself to repeating its previous indications regarding the absence of specific measures in favour of women and the encouragement of access to vocational training and employment for all candidates without distinction as to sex. The Committee calls the Government's attention to paragraphs 15, 157 and 170 of its 1988 General Survey on equality in employment and occupation, in which it stresses the positive measures which must be taken in execution of the national policy stipulated in Articles 2 and 3 of the Convention, and the need to supply details of the action undertaken and results obtained. The Committee therefore reiterates the hope that the Government will indicate in its next report the positive measures taken or envisaged to increase registration of girls in vocational training and university programmes and the results obtained, illustrated by statistics on the percentage of girls and young women -- as compared with boys and young men -- who are taking part in these programmes. Please also supply information on the positive measures taken to facilitate access of women to public and private employment and on the progress made, with statistics on the number of women as compared with men, employed in various sectors and branches of activity at different levels, including levels of responsibility. The ILO is prepared to consider any request for technical assistance in this sphere that the Government may make.

2. The Committee would also like to receive information on activities connected with the promotion of equality of opportunity and treatment in respect of employment and training, carried out by or with the cooperation of the ministerial department responsible for the promotion of women, and in particular a copy of the national report on the situation of women in Chad which was presented at the Fourth World Conference on Women held in Beijing in September 1995.

3. The Committee notes that the Government reiterates its previous indication that organizations of employers and workers have been made aware of the principle of non-discrimination through the advice given by labour inspectors. The Committee notes, however, that the Government has not replied to its previous question on manifestations of this change of attitude by those organizations. The Committee therefore requests the Government once again to supply with its next report full information on the forms taken by cooperation with the organizations of employers and workers in both preparation and monitoring of application of the measures adopted in the framework of the national policy referred to in Article 2 of the Convention and in application of the principles of the Convention in the workplace at the level of the branch of the activity and the enterprise.

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1. The Committee notes the communication from the Trade Union Confederation of Chad (CST) of 27 June 1997 alleging non-application by Chad of the principle of equality in employment and occupation for women workers. The CST notes that the new Constitution was adopted by referendum on 31 March 1996 and that several of its provisions aim at the elimination of all forms of discrimination against women. Nevertheless, it notes that the Government has taken no concrete measures to facilitate access of women to public and private employment. The CST proposes that the ILO should provide the Government with urgent technical assistance in order to remedy the technical shortcomings, particularly the lack of material facilities in the ministerial department responsible for the promotion of women, and to enable it to collect statistics and carry out comparative research on the employment situation of women.

2. The Committee notes that the CST's observations were sent to the Government for comment. It hopes that the Government's report will arrive soon and that it will contain full information on the various points raised by the CST as well as detailed information on the implementation of the new Constitution. On this latter point, the Committee notes that article 32 of the Constitution states that no one can be discriminated against in their work on the grounds of their origin, opinions, beliefs, sex or matrimonial situation but does not seem to include the other grounds of discrimination set out in Article 1, paragraph 1(a), of the Convention, namely race and colour.

3. In this regard, the Committee draws the Government's attention to paragraph 58 of its 1988 General Survey on equality in employment and occupation which states that where provisions are adopted in order to give effect to the principle contained in the Convention they should include all the grounds of discrimination laid down in Article 1, paragraph 1(a). The Committee hopes that the Government's next report will provide details on the manner in which protection against discrimination on the grounds of race and colour is provided under the national policy on equality in employment.

4. The Committee is addressing a direct request to the Government on other matters.

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Referring to its previous comments, the Committee notes the information of a general nature communicated by the Government in its brief report.

1. Referring to its previous comments, the Committee notes that the draft new Constitution has been studied by the Government and transmitted to the provisional Parliament for adoption and that it will send the text subsequently to the Committee. The Committee reiterates its hope that the final text will contain provisions promoting the principle of equality in respect of employment and occupation as laid down in the Convention.

2. In regard to employment and training for women, the Committee notes that the Government does not supply the detailed information which has been requested for several years but restricts itself to repeating its previous indications regarding the absence of specific measures in favour of women and the encouragement of access to vocational training and employment for all candidates without distinction as to sex. The Committee calls the Government's attention to paragraphs 15, 157 and 170 of its 1988 General Survey on equality in employment and occupation, in which it stresses the positive measures which must be taken in execution of the national policy stipulated in Articles 2 and 3 of the Convention, and on the need to supply details of the action undertaken and results obtained. The Committee therefore reiterates the hope that the Government will indicate in its next report the positive measures taken or envisaged to increase registration of girls in vocational training and university programmes and the results obtained, illustrated by statistics on the percentage of girls and young women - as compared with boys and men - who are taking part in these programmes. Please also supply information on the positive measures taken to facilitate access of women to public and private employment and on the progress made, with statistics on the number of women as compared with men, employed in various sectors and branches of activity at different levels, including levels of responsibility. The ILO is prepared to consider any request for technical assistance in this sphere that the Government may make.

3. The Committee would also like to receive information on activities connected with the promotion of equality of opportunity and treatment in respect of employment and training, carried out by or with the cooperation of the ministerial department responsible for the promotion of women, and in particular, a copy of the national report on the situation of women in Chad which was presented at the Fourth World Conference on Women held in Beijing in September 1995.

4. The Committee notes that the Government reiterates its previous indication that organizations of employers and workers have been made aware of the principle of non-discrimination through the advice given by labour inspectors. The Committee notes, however, that the Government has not replied to its previous question on manifestations of this change of attitude by those organizations. The Committee therefore requests the Government once again to supply with its next report full information on the forms taken by cooperation with the organizations of employers and workers in both preparation and monitoring of application of the measures adopted in the framework of the national policy referred to in Article 2 of the Convention and in application of the principles of the Convention in the workplace at the level of the branch of the activity and the enterprise.

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

1. With regard to vocational guidance and training, the Committee recalls the Government's previous indication that there are no specific measures for girls and that efforts are being made to promote school attendance by all children, without distinction as to sex. It once again requests the Government to supply information on the measures taken or envisaged concerning access to vocational training and employment in order to promote in practice the application of the principle of non-discrimination in these fields.

2. The Committee notes the Government's previous indications that the policy of non-discrimination is now understood by employers' and workers' organizations and that the negative attitude that had been noted previously is no longer perceptible. The Committee requests the Government to indicate in its next report any manifestation of such a change, for example, in the form of their cooperation in promoting the acceptance and observance of the above policy, in accordance with Article 3(a) of the Convention.

3. The Committee notes the National Charter of Chad, adopted on 28 February 1991, which repeals the Constitution of 10 December 1989. The Committee notes that this Charter will fall into abeyance when a new Constitution is adopted introducing a multipartite system and at the latest 30 months after its promulgation. It requests the Government to indicate any development in this context and to supply the text of the new Constitution as soon as it is adopted.

4. The Committee notes that labour inspectors monitor the application of the Convention. It requests the Government to supply information on the activities of the labour inspection system (violations reported and sanctions imposed) and on any court rulings related to the Convention.

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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. With regard to vocational guidance and training, the Committee recalls the Government's previous indication that there are no specific measures for girls and that efforts are being made to promote school attendance by all children, without distinction as to sex. It once again requests the Government to supply information on the measures taken or envisaged concerning access to vocational training and employment in order to promote in practice the application of the principle of non-discrimination in these fields.

2. The Committee notes the Government's previous indications that the policy of non-discrimination is now understood by employers' and workers' organizations and that the negative attitude that had been noted previously is no longer perceptible. The Committee requests the Government to indicate in its next report any manifestation of such a change, for example, in the form of their cooperation in promoting the acceptance and observance of the above policy, in accordance with Article 3(a) of the Convention.

3. The Committee notes the National Charter of Chad, adopted on 28 February 1991, which repeals the Constitution of 10 December 1989. The Committee notes that this Charter will fall into abeyance when a new Constitution is adopted introducing a multipartite system and at the latest 30 months after its promulgation. It requests the Government to indicate any development in this context and to supply the text of the new Constitution as soon as it is adopted.

4. The Committee notes that labour inspectors monitor the application of the Convention. It requests the Government to supply information on the activities of the labour inspection system (violations reported and sanctions imposed) and on any court rulings related to the Convention.

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With reference to its previous direct requests, the Committee notes that the Government's very brief report does not contain a reply to its previous comments. It hopes that the next report will supply full information on the following points:

1. With regard to vocational guidance and training, the Committee recalls the Government's previous indication that there are no specific measures for girls and that efforts are being made to promote school attendance by all children, without distinction as to sex. It once again requests the Government to supply information on the measures taken or envisaged concerning access to vocational training and employment in order to promote in practice the application of the principle of non-discrimination in these fields.

2. The Committee notes the Government's previous indications that the policy of non-discrimination is now understood by employers' and workers' organizations and that the negative attitude that had been noted previously is no longer perceptible. The Committee requests the Government to indicate in its next report any manifestation of such a change, for example, in the form of their cooperation in promoting the acceptance and observance of the above policy, in accordance with Article 3(a) of the Convention.

3. The Committee notes the National Charter of Chad, adopted on 28 February 1991, which repeals the Constitution of 10 December 1989. The Committee notes that this Charter will fall into abeyance when a new Constitution is adopted introducing a multipartite system and at the latest 30 months after its promulgation. It requests the Government to indicate any development in this context and to supply the text of the new Constitution as soon as it is adopted.

4. The Committee notes that labour inspectors monitor the application of the Convention. It requests the Government to supply information on the activities of the labour inspection system (violations reported and sanctions imposed) and on any court rulings related to the Convention.

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

1. The Committee notes the new Constitution that was enacted in 1989, which repeals the Fundamental Act of 1982. It notes in particular sections 36, 37, 51, 52 and 53 of the above Constitution which deal with matters that relate to the application of the Convention. The Committee also notes that the new Constitution was suspended in December 1990. The Committee requests the Government to inform it of any developments in this respect.

2. With reference to its previous comments concerning access to public sector jobs without distinction as to sex (section 5 of Ordinance No. 15/PR/1986 of 20 September 1986), the Committee notes, from the Government's report, that no specific conditions of employment in the public service deny the employment of women and that only the occupation of night watchman is reserved for men.

3. The Committee notes from the Government's report that, as regards vocational guidance and training, there are no specific measures for girls and that efforts are being made to promote school attendance by all children, without distinction as to sex. The Committee requests the Government to supply information on the measures taken or envisaged as regards access to vocational training and employment in order to promote in practice the application of the principle of non-discrimination in these fields.

4. With reference to its previous comments, the Committee notes the Government's indications that the policy of non-discrimination is now understood by employers' and workers' organisations and that the negative attitude that had been noted previously is no longer perceptible. The Committee requests the Government to indicate any changes in the situation in its next report.

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The Committee notes the Government's report for the period 1987-88 and notes that it contains no information in reply to its previous comments.

However, it notes the statement that these comments have been forwarded to the competent ministries and that the information requested will be transmitted as soon as it is available.

1. The Committee can therefore only refer to its previous comments, in particular its direct request of 1988, in the hope that the next report will contain full information on the points raised previously, in particular:

(a)details of the public sector jobs open to all Chadians without distinction as to sex, subject to certain restrictions under specific rules, in accordance with section 5 of Ordinance No. 15/PR/86 of 20 September 1986 issuing the general conditions of employment in the public service (please also forward a copy of the special rules governing these jobs);

(b)information on vocational guidance and training for girls, showing the impact of the positive measures taken to facilitate the access of women to education and training, and to employment, in accordance with what is provided in points (a) and (b) of the report form on this Convention under Article 2 of the Convention;

(c)detailed information on the measures taken or under consideration by the Ministry for the Promotion of Women and of Social Affairs, to promote, in practice, the application of the principle of non-discrimination in employment and occupation, along with information on any other measures adopted to this end.

2. In its previous reports, the Government also indicated that there was a tendency among employers to give preference to certain persons when hiring workers, and that it was difficult to combat this attitude. The Committee therefore referred to Article 3(a) of the Convention which provides that governments should seek the co-operation of employers' and workers' organisations and other appropriate bodies in promoting the acceptance and observance of the policy of non-discrimination, and recalled that acceptance and observance can be facilitated by educational and information programmes, which the Government should encourage.

The Government indicates in its report that it is seeking the co-operation of these organisations. The Committee notes this statement with interest and hopes that the next report will also contain information on any developments in this situation.