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

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

With reference to its previous direct request, the Committee notes with interest the information contained in the Government's report and the documents attached.

1. As regards non-discrimination on the basis of sex and the role of the Council for Equality of Opportunity between Men and Women, the Committee notes that, since the Government's last report, the Council has issued 14 opinions on equality, a memorandum to those who formed the Government resulting from the elections on 21 May 1995, eight information sheets on discrimination on the various branches of social security as well as various publications including the brochures "Women elected representatives: Figures and statistics" and "Women and poverty". The Committee notes also that, according to the Government's report and the interim biennial report of the Council for 1993-95, political decision-makers are attaching great importance to the Council's opinions. Thus, the Council's work has given rise to a number of activities and reforms including: the awareness-raising campaign concerning the distribution of responsibilities between men and women (further to Opinion No. 1 of the Council); affirmative action in favour of women in the private sector and the federal, provincial and local public sector (further to Opinion No. 3); the solution of a number of problems confronting women in the army (further to Opinion No. 13); and the statement of the Government resulting from the elections of 21 May 1995 devoted in part to equality of treatment between men and women (further to the above-mentioned memorandum). The Committee wishes to continue to receive in future Government reports giving information on the various activities of the Council for Equality of Opportunity between Men and Women, particularly a copy of the Council's first evaluation report to be presented in October 1997.

2. With regard to the feminization of the names of occupations, jobs, grades and titles, the Committee notes from the Government's report that the list compiled for this purpose at the request of the previous Flemish Minister for Education and the Public Service has gone to the "Taaladviescommissie", but that the Flemish community has drafted a circular (dated 14 March 1996) to make the presence of women staff more obvious by encouraging them to use their forenames, and the (woman) Minister for Employment and Labour has issued, in collaboration with the Belgian radio and television service for Flemish speakers and the Belgian radio and television service for French speakers, a brochure entitled "Don't say too quickly ... there are no women" which is being circulated in order to make women's presence more visible. The Committee requests the Government to supply information on any progress made in this matter in the Flemish-speaking, French-speaking and German-speaking parts of the country, as well as at the federal level, with the aim of facilitating women's access to a wider range of occupations and jobs.

3. With regard to discrimination in job offers, the Government reiterates that section 121 of Title V of the Economic Reorientation Act of 4 August 1978 prohibits employers, publishers, announcers, printers, distributers, employment agencies, radio and television and, in general, all who are involved in information and advertising, from making reference to the sex of the worker in job offers, irrespective of the sector or branch of activity (private or public, salaried workers and self-employed). The Government adds that newspaper publishers in particular are gradually becoming aware of the responsibility they may bear if discriminatory offers of employment are made and, while this is perhaps not a total guarantee against violations, it is a step in the right direction. The Committee requests the Government to supply information on the new stages accomplished in implementing the relevant provisions of legislation and regulations regarding the total elimination of discrimination in job offers and advertisements. The Committee also asks the Government to continue to provide information on the proposal to renew and update the brochure entitled "Job offers without discrimination".

4. With reference to affirmative action for the employment of women, the Committee notes that the 1996 report of the unit for affirmative action in the private sector and the evaluation report on affirmative action in ministries and parastate bodies at federal level as well as in autonomous public enterprises should be available by the end of 1997. The Committee requests the Government to send, on publication, copies of these two reports which are to evaluate the implementation of plans for equality between men and women and the networks established to support them. The Committee also requests the Government to supply information on the results obtained by implementation of the projects OPTIMA (which concerns development from 1995 to 1997 of the equality network strategy), TREMPLIN (which comprises publication from 1995 to 1997 of a periodic information and awareness bulletin on equality of opportunity between men and women in regard to employment), and JUMP (which aims to develop between 1995 and 1997 practical sheets for the purpose of helping training bodies to supply trainers as appropriate for disadvantaged women).

5. With regard to sexual harassment at work, the Committee notes that, according to the Government's report, a circular on protection against sexual harassment at work was adopted on 7 August 1995 and that, in application of two Royal Orders of 1992 and 1995 on the subject, two telephone lines (one for Flemish speakers and one for French speakers) to provide free information and advice (anonymously and without any formalities) have been set up for the victims of sexual harassment at work and for confidential advisers. In addition, a pilot project for an external confidential service has been set up in the Flemish Public Service, replacing the two specialized commissions on sexual harassment and complaints established in late 1994/early 1995. It also notes the decisions handed down by the courts in 1996 in favour of the victims of sexual harassment at work. The Committee requests the Government to keep it informed in its next report of results and progress in the implementation of activity within the various systems established to prevent and combat sexual harassment at work.

6. The Committee notes that despite the failure by the National Labour Council to issue in June 1995 the awaited opinion proposing specific amendments to the regulations in force in order to abolish the discrimination that exists between men and women in regard to night work by women, the social partners have held long negotiations on the problem on the basis of sectoral opinions. Agreement was not reached and the Minister for Employment and Labour responsible for the policy of equality of opportunity tabled a Bill on night work which was adopted by Parliament on 17 February 1997 and will enter into force one year after its publication which dates from 8 April 1997 in the Official Gazette (Moniteur belge). The Committee notes with interest that the new system provides full equality of access to night work for men and women and organizes three kinds of activity which, henceforth, may be carried out at night: first, activities which because of their nature are carried out at night, which are listed exhaustively; next, cases where night work is the result of an economic choice and economic imperatives and not due to the nature of the activities; finally, all other branches of activity (or enterprises) and/or activities for which night work was not necessary at the time the law was adopted; this new system is applicable to workers in the private sector (but not to officials in public administrations) and to public enterprises engaged in industry and autonomous public enterprises. The Committee requests the Government to keep it informed regarding the entry into force of the Act and to send it a copy.

7. With regard to the campaign against discrimination in employment on the basis of race, the Committee notes that, according to the Government's report, in application of the anti-racism law which punishes, inter alia, discrimination in employment or at the workplace, 75 complaints in regard to work and employment were registered between 1 May 1995 and 1 May 1996. The Committee repeats its request to the Government which was contained in its previous direct request to provide copies of decisions handed down in respect of complaints submitted by the individuals or by workers' organizations. The Committee would also appreciate receiving copies of the decisions handed down in respect of complaints made under the Code on Racial Non-discrimination concluded on 7 May 1996 between employers and trade unions in the temporary work sector, who agreed to eliminate any discrimination based on the colour of skin, race, religion, ethnic origin or nationality of temporary workers in regard to selecting and supplying them to an employer.