Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Comoros (Ratification: 2004)

The Committee notes that the Government’s report has not been received but that the new Labour Code was adopted on 28 June 2012.

Article 1(1)(a) and (b) of the Convention. Definition of discrimination. Additional grounds of discrimination. The Committee welcomes the fact that section 2 of the Labour Code contains a definition of discrimination in the same terms as Article 1(1)(a) of the Convention. The Committee notes with interest that section 2 of the new Labour Code adds to the list of prohibited grounds of discrimination set forth in the previous Code, a new ground of discrimination, namely real or perceived state of health, including HIV/AIDS status. The Committee also notes that the new Labour Code contains a chapter on workers living with HIV or AIDS, and in particular, that section 71 prohibits any stigmatization or discrimination on the ground of a worker’s real or perceived HIV status on the part of colleagues, trade unions, customers of the enterprise or the employer. The Committee asks the Government to provide information on steps taken to publicize the provisions of the Labour Code that ban discrimination based on real or perceived state of health, including HIV status, and to raise awareness of this matter among workers and employers and their organizations, labour inspectors, judges and other officials dealing with work-related matters. The Committee also asks the Government to provide information on the application in practice of section 2 of the new Labour Code prohibiting discrimination based on real or perceived state of health including HIV status, and section 71 prohibiting all discrimination based on real or perceived HIV status in practice, indicating any action taken by labour inspectors or any court decisions handed down on such matters.

Sexual harassment. The Committee notes with interest that the new Labour Code contains provisions (section 2.2 and 2.3) prohibiting sexual harassment and defining it as “any conduct of a sexual nature the effect of which is to create a working environment that is intimidating, hostile or humiliating for a person” or “any form of verbal, non-verbal or bodily conduct of a sexual nature, through which the perpetrator impairs the dignity of workers at the workplace”. The Committee notes that employers are required to adopt measures to prevent sexual harassment and that any discrimination, dismissal or penalties against workers who have suffered or witnessed sexual harassment are prohibited. It also notes that while it is for the persons who deem themselves victims of sexual harassment to establish facts allowing a presumption of such discrimination, it is for the defendant to prove that their decisions were justified by submitting evidence that the decision was free of all harassment. The Committee requests the Government to take measures to publicize the new provisions of the Labour Code prohibiting sexual harassment, among workers and employers and their organizations, labour inspectors and judges, and to provide information on any measures taken to this end. It asks the Government to provide information on any instances of sexual harassment addressed by the competent authorities, including any relevant administrative or judicial decisions. It also asks the Government to indicate the measures taken by employers, pursuant to section 2.2 of the Labour Code, to prevent any acts of sexual harassment at the workplace. Furthermore, in order to facilitate application of the provisions prohibiting sexual harassment in practice, and in particular the identification of instances of quid pro quo harassment, the Committee requests the Government to envisage the possibility of supplementing the definition of sexual harassment so as to specify that there is harassment when the worker’s rejection of the behaviour concerned or the worker’s submission to such behaviour, is used explicitly or implicitly to take a decision affecting his or her work.

Furthermore, since the Government’s report has not been received, the Committee is bound to repeat its previous observation, which read as follows:

Article 2 of the Convention. National policy. Equality of opportunity and treatment of men and women. In its previous comments, the Committee noted the adoption in June 2008 of the National Policy on Gender Equity and Equality (PNEEG) to ensure equality in employment and occupation. It also noted that the Employers’ Organization of Comoros (OPACO), in a communication received on 1 September 2009, indicated that it had not been informed of the elaboration of such a policy and regretted that no measures had been taken to prevent the exclusion of women from certain jobs and occupations. The Committee takes note of the Government’s brief comments to the effect that an action plan has been drawn up to introduce measures implementing the PNEEG. The Government also states, in reply to OPOCO’s observations, that equality in employment is guaranteed in enterprises and that the promotion of social dialogue is part of the Government’s action plan for 2011–15 to ensure effective collaboration with the social partners with a view to achieving perfect social concentration and cohesion. In this respect, workshops designed to strengthen the capacity of employers’ and workers’ organizations have been held throughout the country. Taking note of this information, the Committee requests the Government to provide specific information on the awareness-raising and training activities carried out or planned with the social partners, within the framework of the implementation of the PNEEG. Furthermore, the Committee requests the Government to provide detailed information on the action plan implementing the PNEEG and, more specifically, on the measures taken or envisaged to promote equality of opportunity and treatment between men and women in respect of access to education, vocational training, wage and non-wage employment and working conditions (including remuneration, promotion, and security of tenure). The Government is asked to forward a copy of the PNEEG and the action plan.

Equality of opportunity and treatment irrespective of race, colour, religion, political opinion, national extraction and social origin. The Committee notes that the Government’s report does not contain any reply to its previous comments in this regard. The Committee therefore once again requests the Government to indicate the measures taken or envisaged to elaborate and apply a national policy to promote equality of opportunity and treatment in employment and occupation, irrespective of race, colour, religion, political opinion, national extraction and social origin.

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