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

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Senegal (Ratification: 1967)

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