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

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Belgium (Ratification: 1977)

The Committee notes the information supplied by the Government in its report for the period ending 30 June 1988. The Committee refers to its observation.

1. In its previous comments, the Committee noted that, according to the Government, certain difficulties concerning access to jobs in the public sector were connected to physical selection criteria. It also noted that the Women's Labour Committee, in Opinion No. 44 concerning physical criteria in recruitment or promotion (physical characteristics and physical tests), invited each public service to ascertain whether the use of such criteria was justified and to inform it of its conclusions. The Committee takes note of the Government's indications that the Ministerial Orders of 18 and 19 December 1986 establish new physical criteria for recruitment in the police force and the armed forces, which, according to the Government, has improved women's chances of success. The Committee gathers from the texts of the Orders that the results of the physical tests can disqualify candidates but are not taken into account in the grading. The Committee asks the Government to state whether or not this is the case. It also requests the Government to continue to provide information on developments in this matter and, particularly, on the results of the checks carried out following the Opinion of the Women's Labour Committee.

2. The Committee takes note of Opinion No. 45 of the Women's Labour Committee of 23 February 1987 concerning the employment of young women and the measures advocated to combat segregation in employment, and requests the Government to state the measures adopted or under consideration following this Opinion. In this connection, the Committee notes with interest the campaign to inform and raise awareness among teachers with a view to combating the stereotyped roles of men and women and the campaign to assist girls in their choice of studies. It requests the Government to continue to supply information on education programmes conducted in accordance with Article 3(b) of the Convention to ensure acceptance and observance of the national policy concerning equality.

3. The Committee notes with interest the document prepared by the secretariat of the Women's Labour Committee concerning the means of legal action in the event of sexual harassment in the workplace. In this connection, the Committee refers to paragraphs 45 et seq. of its 1988 General Survey on Equality in Employment and Occupation, which concern sexual harassment as a particular form of discrimination on the basis of sex which is a threat to the stability of employment. In these paragraphs, the Committee points out that recognition of the existence of sexual harassment in the workplace plays an important role in its elimination, but attaches even greater importance to the adoption of legal provisions in this area. The Committee asks the Government to forward a copy of the Opinion of the Women's Labour Committee as soon as it has been adopted, and to provide information on all measures, particularly laws or regulations, that have been taken or are envisaged to protect workers against acts of sexual harassment in the workplace.

4. The Committee notes with interest the Government's indications that the remaining discriminations in the collective agreements of the inland navigation sector have been abolished by the administration in co-operation with the social partners and that the other controversial provisions are on the agenda of the competent joint committee. The Committee requests the Government to continue to report on developments in the elimination of discriminatory clauses in collective labour agreements.

5. In its previous comments, the Committee noted the adoption of the Royal Decree of 4 July 1987 to set up a legal framework for positive action that may be undertaken in private sector enterprises with a view to rectifying de facto inequalities affecting opportunities for women. The Committee notes the Government's indication that implementation of the Order has now reached the stage of joint discussions between employers and workers and that a practical handbook has been disseminated on ways of promoting practical action in enterprises. It requests the Government to provide information on the plans that are adopted and on the evaluation and results of such plans.

The Committee also notes that a text is being drafted concerning the public sector. It hopes that the Government will provide a copy of the text once it is adopted, along with information on its implementation. The Committee also notes that an agreement on social planning to govern employment conditions of employees in the public services was concluded in November 1987, and requests the Government to supply information on the measures under consideration concerning equal opportunity and treatment, and on the results obtained.

6. The Committee takes note of the information provided by the Government on the abolition or relaxing of certain protective measures. The Committee refers to paragraphs 139 to 156 of its 1988 General Survey on Equality in Employment and Occupation, which concern the special measures of protection and assistance covered by Article 5 of the Convention, in which the Committee examined, in particular, the measures to protect maternity or the health of women which are contained in numerous international instruments of the ILO. The Government might bear these considerations in mind when it examines or reviews certain measures of protection. The Committee asks the Government to continue to supply information on any developments in this area.

7. The Committee takes note of the information concerning the activities of the Women's Labour Committee, the Joint Committee constituted under the National Labour Council and the Flemish-speaking Committee for Equal Opportunities in Teaching. The Committee also notes that the Advisory Committee on Equality in the Public Services and the French-speaking Committee for Equality in the Teaching Profession have not engaged in any activities during the period in question, and asks the Government to continue to provide information on the activities of these advisory bodies, including copies of reports, studies and, in particular, the opinions of the Women's Labour Committee.

It also requests the Government to continue to transmit copies of important legal rulings concerning equal opportunities and treatment.

8. With reference to its previous comments on the provisions of the Royal Order of 9 February 1951 respecting the defence of the public service, the Committee notes that there are no known cases of this Order having been applied. It requests the Government to continue to provide information in its future reports on any application of the provisions in question.