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

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Articles 1(1)(a) and 2 of the Convention. Discrimination based on sex and equality of opportunity and treatment for men and women. The Committee welcomes the information provided by the Government in its report on all the measures taken and results achieved, particularly with regard to strengthening the vocational skills of women and girls, and the statistical data provided. Further, it notes the Government’s indications concerning the actions carried out, within the framework of the “Digital Senegal 2025” strategy adopted in 2016, in the information and communication technologies (ICT) sector aimed at, inter alia, developing women’s leadership in the ICT sector, financing and supporting women’s start-ups and building girls’ capacities to pursue a career in this sector. With regard to combating gender stereotypes, the Committee also notes the adoption of specific programmes, such as the joint programme for the eradication of gender-based violence and the promotion of human rights, and the introduction of awareness-raising activities in schools as part of combating such violence. The Government also indicates that the second priority action plan for the implementation of the National Strategy for Gender Equity and Equality (SNEEG) highlights the State’s commitment to review this Strategy (SNEEG 2016-2026), which is based on the gender strategy of the West African Economic and Monetary Union. In this regard, the Committee welcomes the adoption of the SNEEG 2016-2026. It notes that this document contains a detailed analysis, with statistics disaggregated by sex, of the situation of women and girls in many areas such as education, vocational training and employment and in various sectors, including the informal economy. This Strategy (the objectives of which comprise the elimination of gender-based disparities in the political, economic and social spheres, guarantee of equitable enjoyment of rights by women and men, and physical and moral protection of women against violence) provides for, inter alia, awareness-raising and advocacy actions, a study to be carried out to identify discrimination in national legislation and the introduction of laws to remedy any discrimination found, and the implementation of actions to promote women’s access to factors of production and financial resources, and strengthen their vocational skills.

With regard to improving women’s access to land, credit, knowledge, technology and equipment, the Government points to the adoption of regulatory provisions by the department responsible for agriculture, aimed at facilitating women’s access to land and land tenure security, financing mechanisms, production factors and outreach services, such as circular No. 0989 of 5 June 2018 on reducing gender inequalities in agricultural activities and establishing a quota system for installations, inputs, equipment and seeds. The Committee notes, however, from the information in the SNEEG 2016 – 2026 that “as they are not farmers, women have fewer opportunities to farm a plot of land and are also less likely to access land through leasing due to lack of resources. Essentially, women’s access to land is limited to smaller, lower quality plots of land that are farther away from their homes, while they must meet their obligations related to domestic tasks. The inequality between men and women in access to land is a severe constraint to the development of profitable productive activities”. The Committee also notes that “for reasons associated with family perceptions and traditions, access to property remains a serious problem in the lives of rural women most involved in the agricultural production chains”. Noting the progress made and the Government's clearly stated commitment, particularly within the framework of the SNEEG 2016–2026, the Committee encourages it to intensify its efforts and continue to address discrimination against women including by ending occupational segregation between men and women and actively combating gender stereotypes and prejudices, and to promote gender equality in practice in all aspects of employment and occupation, particularly with regard to rural women’s access to factors of production. It requests it to provide information on: (i) the implementation of the SNEEG and, in particular, on the results achieved in the areas of education, occupational training and employment, and the results of the study aimed at identifying discrimination in the national legislation; and (ii) the measures taken to promote women’s access to property.

Specialized body. Noting the Government’s indication that the creation of the National Observatory on discrimination at work is under way within the context of the current reform of the Labour Code, the Committee requests it to provide information on the envisaged missions and operation of this body, indicating whether it will be empowered to handle individual complaints, and on its implementation and operation in practice.

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 1 of the Convention. Protection of workers against discrimination and promotion of equality of treatment. Legislation and collective agreements. For several years, the Committee has been emphasizing that the Constitution (article 25) and the Labour Code (sections L.1 and L.29) do not cover all the prohibited grounds of discrimination set out in the Convention, as they omit national extraction and colour, and they do not refer explicitly to social origin, but only to origin or origins. The Committee notes that the Government reaffirms its willingness to provide a better framework for combating discrimination at work and that it once again refers to the labour legislation revision process still under way, in which issues related to protection against discrimination have been taken into account. It welcomes the creation of the steering committee for the reform of the Labour Code by order of 15 June 2021 of the Ministry of Labour, Social Dialogue and Relations with Institutions. The Committee also notes with interest that the new national inter-occupational collective agreement, signed on 30 December 2019, provides that “no one may be barred from the recruitment procedure or access to internships or on-the-job training, or be subjected to a discriminatory measure based race, colour, age, sex, trade union activity, belonging to a religion, fraternity or sect, political opinion, national extraction, ethnicity, social origin, disability, pregnancy, family situation, health status or HIV status, and which has the effect of destroying or impairing equality of opportunity or treatment in employment or occupation”. It adds that “no employee may be penalized, dismissed or subjected to a discriminatory measure for witnessing or reporting the conduct defined in the above paragraphs” and that “the employer must ensure respect of equality of treatment among employees relating to working conditions, as well as remuneration, training and professional promotion”. Noting the willingness expressed by the Government with regard to combating discrimination and promoting equality of treatment in employment and occupation, the Committee urges it to ensure that the reform of the Labour Code extends protection to workers against discrimination based on all the grounds listed under Article 1(1)(a), including national extraction, colour and social origin, as well as any additional grounds that the Government deems it appropriate to include, such as those listed in the 2019 national inter-occupational collective agreement. It also requests the Government to take measures to raise awareness among workers and employers and their respective organizations of the provisions of the new collective agreement prohibiting discrimination and promoting equality of treatment.

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

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Article 1 of the Convention. Legislation. Protection of workers against discrimination. In its previous comments, the Committee emphasized that the Constitution (article 25) and the Labour Code (sections L.1 and L.29) do not cover all the prohibited grounds of discrimination set out in the Convention, as they omit national extraction and colour, and they do not refer explicitly to social origin, and accordingly do not provide protection against discrimination at all stages of employment and occupation. It requested the Government to ensure that the Bill amending the Labour Code explicitly defines and prohibits direct and indirect discrimination on the basis of at least all the grounds listed in Article 1(1)(a) of the Convention and that all stages of employment and occupation are covered. The Committee notes the Government’s indications in its report that the new Bill to amend the Labour Code clearly indicates that “discrimination is understood to mean any distinction, exclusion or preference based, among other grounds, on race, colour, age, sex, trade union activity, belonging to a religion, brotherhood or sect, political opinion, national extraction, ethnicity, social origin, disability, pregnancy, family situation, state of health, serological status, physical appearance, which has the effect of undermining or prejudicing equality of opportunity and treatment in employment and occupation. Discrimination is a practice which is prohibited in all its forms, both directly and indirectly”. The Government adds that the stages of administration and consultation of the social partners have been completed and that it is now for the legislative authority to adopt the Bill. While welcoming this information, the Committee expresses the firm hope that the Bill to amend the provisions of the Labour Code regarding discrimination will be adopted in the near future and requests the Government to continue providing information on the progress made in the legislative work in this regard.

Articles 1(1)(a) and 2. Discrimination based on sex and equality of opportunity and treatment for men and women. The Committee notes that the Government reaffirms its will to continue its efforts to improve the situation of women in employment and occupation, but notes that the report does not contain information on this subject. The Committee notes that, according to the National Survey of Employment in Senegal (second quarter of 2017) undertaken by the National Statistical and Demographic Agency, 39.7 per cent of the employed population was engaged in salaried employment (however, whereas 46.6 per cent of the employed men were engaged in salaried employment, the ratio is only at 30.5 per cent for women), and that unemployment affected women (17.8 per cent) more than men (8.1 per cent). Recalling that, in view of the predominance of women in low-paid work and that a national system of uniform minimum wages contributes to increasing the income of the lowest paid workers, this has an impact on the relationship between the wages of men and those of women and on reducing the remuneration gap between men and women, the Committee welcomes the increase of 44.8 per cent in the minimum wage on 1 June 2018 following an agreement between the trade unions and employers. The Committee further notes that a new National Strategy for Gender Equity and Equality (SNEEG) 2016–26 has been adopted. The SNEEG is targeted particularly at: improving the socio-cultural, political and economic environment through changes in perceptions of gender relations; ensuring the effective implementation of legislative provisions and regulations conducive to equality and equity through the revision and harmonization of the legislation with international conventions and the adoption of additional juridical measures to bring an end to discrimination; and ensuring the equitable access of men and women to economic conditions and opportunities, particularly through an improvement in the access of women to production factors and financial resources, the acquisition by women of technical and managerial capacities and the lightening of the domestic burden on women. The Committee notes that, at the institutional level, the General Secretariat established in ministries by Decree No. 2017-313 of 15 February 2017 includes the bodies and structures responsible for gender and equity and that, within the framework of the SNEEG, ministries are required to establish a “gender unit”. The Committee also notes that, in the report of the United Nations Working Group on the issue of discrimination against women in law and practice on its mission to Senegal (Supplement: comments by the State on the visit of the Working Group to Senegal from 7 to 17 April 2015), the Government states that a technical committee has been established to revise the legislative provisions and regulations which discriminate against women, under the authority of the Minister of Justice, and was established by Order No. 00936 of 27 January 2016 (A/HRC/32/44/Add.3, 13 June 2016, paragraphs 18–22). Welcoming all this information, which demonstrates a firm will to take action against discrimination against women and to promote genuine equality between men and women in employment and occupation, including with regard to access to and retention at school, the Committee requests the Government to provide information on the specific measures adopted for the implementation of the SNEEG and their outcome, particularly in relation to the development of vocational guidance and training for women in trades and fields traditionally reserved for men with a view to reducing occupational segregation, combating gender stereotypes and improving the access of women to land, credit and equipment. The Committee requests the Government to provide information on the recommendations made by the technical committee for the amendment of legislative provisions and regulations which discriminate against women, and on all the work on the legislation and regulations undertaken in this respect.

Specialized body. The Committee notes that, according to the report of the Working Group referred to above, the Ministry of Labour has prepared a Bill to amend the Labour Code which establishes within the Ministry of Labour a National Observatory responsible for promoting and coordinating policies and programmes to combat discrimination at work and a preliminary text of a Decree issuing the rules on the organization and operation of the Observatory. The Committee notes the Government’s indication in its report that the preparation of the draft Decree has been finalized and that it was approved by the social partners in the National Labour Advisory Council. It notes that the text has not yet been adopted and that its adoption will have to follow that of the envisaged amendment to the Labour Code on this point. The Committee requests the Government to provide information on the adoption of the Bill to amend the Labour Code and establish the National Observatory responsible for promoting and coordinating policies and programmes to combat discrimination at work and the Decree establishing the rules for the organization and operation of the Observatory. The Government is requested to provide a copy of these texts.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 1 of the Convention. Legislation. The Committee recalls that, pursuant to article 25 of the Constitution of 22 January 2001, “no one may be prejudiced in work by reason of his or her origins, sex, opinions, political choices or beliefs”. Furthermore, section L.1 of the Labour Code provides that “the State shall ensure equality of opportunity and treatment for citizens with regard to access to vocational training and employment, without distinction on the basis of origin, race, sex or religion”. Section L.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 the above 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 in all aspects of employment and occupation, that is regarding not only access to employment and the various occupations, but also access to vocational training and terms and conditions of employment. The Committee notes the Government’s indication that a bill on non-discrimination at work, amending and supplementing certain provisions of the Labour Code, has been drafted and is in the process of being adopted. The Committee requests the Government to ensure that the bill amending the Labour Code explicitly defines and prohibits direct and indirect discrimination on the basis of at least all the grounds listed in Article 1(1)(a) of the Convention, namely race, colour, sex, religion, political opinion, national extraction or social origin, and that all aspects of employment and occupation, including terms and conditions of employment, are covered. The Committee requests the Government to provide information on the progress made in the legislative process and to send a copy of the legal text, once it has been adopted.

Article 2. Equality of opportunity and treatment for men and women. In its previous comments, the Committee referred to the observations of the International Trade Union Confederation (ITUC) and the National Federation of Independent Trade Unions of Senegal (UNSAS), which emphasized the gender segregation in the labour market, the high rate of illiteracy among women and the low school enrolment rate of girls. It also noted the launching of the National Strategy on Gender Equality and Equity (SNEEG) in December 2007. The Committee notes with interest the measures taken by the Government to implement the SNEEG involving action from 13 ministries, technical and financial partners and civil society organizations in relation to women’s access to factors of production and financial resources, the reinforcement of the technical and managerial skills needed by women to carry on their economic activities, and the improvement of women’s living and working conditions, including lighting their domestic workload. The Committee notes the Government’s indication that the actions undertaken have generated specific improvements, such as diversification of women’s activities, improvement of their productive capacity in fishing, increased credit for women’s initiatives, strengthening of women’s technical capacities in various areas of vocational training, implementation of a project to support women entrepreneurs, improved access to drinking water and the construction of community childcare facilities. The Government also emphasizes that the increase in the number of women’s associations has enhanced women’s capacity for organization and action. The Committee encourages the Government to continue its efforts to improve the situation of women in employment and occupation and to ensure that women and men enjoy equality of opportunity and treatment. The Government is requested to continue providing information on the measures taken in this area and their results, particularly as regards access to resources and factors of production, the development of vocational training, the reinforcement of measures to lighten the work of women and services to provide care for children and senior citizens.

Specialized body. Noting that a preliminary draft decree regulating the structure and functioning of the “observatory on discrimination” is also being drafted, the Committee requests the Government to provide information on progress made in this respect and to send a copy of the text.

Statistics. In its previous comments, the Committee requested the Government to provide statistical information on the activity rates of men and women in the private and public sectors, as well as in the informal economy, and on their participation in vocational training. The Committee notes that the Government’s report does not contain any information on this matter and recalls that reliable and updated data are essential to identify any discrimination between men and women and to evaluate the measures adopted to overcome it. The Committee trusts that the Government will soon be in a position to provide such statistical data, and requests it to take the necessary measures for the compilation and analysis of such data relating to employment and training.

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

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.

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

Article 2 of the Convention. Equality of opportunity and treatment for men and women. In its previous comments, the Committee referred to the observations of the International Trade Union Confederation (ITUC) of 23 September 2003 and the National Federation of Independent Trade Unions of Senegal (UNSAS) of 16 October 2006, which emphasized the gender segregation in the labour market, the high rate of illiteracy among women and the low school enrolment rate of girls. It also noted the launching of the National Strategy on Gender Equality and Equity (SNEEG) in December 2007. The Committee notes that according to the Government’s brief report, the SNEEG is currently being disseminated to the actors concerned, and particularly to state institutions and civil society. The Government indicates that in the context of the implementation of the SNEEG, the Act on Gender Parity in Electoral Lists was adopted in 2010 and the number of women in the Government rose following the latest Government reshuffle. It also emphasizes that many awareness-raising and training activities on equality, including workshops and conferences, are carried out with the active participation of workers’ and employers’ organizations. The Committee further notes that a plan for the implementation of the SNEEG for 2009–15 was adopted in March 2009 and that it includes a number of measures to increase economic power and autonomy of women (Effect 3), with the particular objectives of: (1) women gaining access to factors of production and financial resources; (2) women obtaining the technical and managerial skills necessary to carry on their economic activities; and (3) women having more time to devote to production activities. Among these measures, the Committee observes that it is first envisaged to draw up an assessment concerning the access of women to resources and production factors, and an evaluation of needs for the reinforcement of the capacities of active women. It also notes that the drafting and implementation is envisaged of a plan and a programme for the reinforcement of facilities to lighten the work of women. The Committee requests the Government to provide information on the implementation of the measures under the SNEEG in relation to access to resources and factors of production, including land and vocational training, with an indication of their impact on gender segregation in the labour market. The Committee also requests the Government to provide any available information on the impact of the plan and the programme for the reinforcement of facilities to lighten the work of women on the development of women’s training and employment for women.

Statistics. In its previous comments, the Committee asked the Government to provide statistical data on the activity rates of men and women in the private and public sectors, as well as in the informal economy, and on their participation in vocational training. Noting the Government’s indication that such statistics are not available, the Committee trusts that the Government will soon be in a position to provide such statistical data, and requests it to take the necessary measures for the compilation and analysis of such data on employment and training, which are indispensable to identify any discrimination between men and women and to evaluate the measures adopted to overcome it.

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

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee recalls its previous observation referring to communications from the International Confederation of Free Trade Unions (ICFTU), now the International Trade Union Confederation (ITUC), of 23 September 2003 and the National Union of Autonomous Trade Unions of Senegal (UNSAS) of 16 October 2006, which drew attention to occupational sex segregation and also to the high rate of female illiteracy and the low school enrolment rate for girls in the country. In this regard, the Committee requested the Government to harmonize the national legislation with the principle of equal opportunity and treatment provided for in the Convention and also asked it to take appropriate measures to establish an equal opportunities policy aimed at promoting greater access for women to education and work, including access to traditionally male-dominated jobs, self-employment and managerial and decision-making posts. The Committee also asked the Government to take steps to promote awareness raising and training on issues relating to gender equality.

The Committee notes from the Government’s report that numerous decrees have been adopted in order to remove the discriminatory provisions contained in the country’s legislation which prevented women employees from having their spouses and children as dependants in relation to benefits such as family allowances. The Committee also notes that a “National Strategy on gender equality and equity” (SNEEG) was launched in December 2007, which was formulated with the assistance of employers’ and workers’ organizations. The Committee also notes that women are now being recruited for the customs service (since 2005), the national police force (since 2006), the armed forces (since 2007) and the gendarmerie (since 2006), areas which were traditionally reserved for men. The Committee also notes that, according to the Government’s report, many activities to raise awareness with regard to the principle of the Convention are regularly conducted for the interested parties. Nevertheless, the Committee notes that no statistical data are available to enable it to gain a general picture of progress made in the application of the Convention.

The Committee requests the Government:

(i)    to provide information on any progress made in harmonization of the legislation with the principle of equality of opportunity and treatment between men and women in employment or occupation;

(ii)   to supply detailed information on the measures taken or contemplated to implement the “National Strategy on gender equality and equity” and also their impact in practice;

(iii) to provide further details on awareness-raising and training activities which are currently being conducted on the principle of equality, indicating, in particular, the beneficiaries of these initiatives and the manner in which employers’ and workers’ organizations participate in such activities;

(iv) to provide statistical information on the participation of men and women in the various levels of education and training, disaggregated by sex, and on their participation in employment or work in the public and private sectors (according to categories of employment or occupations) and also in the informal economy; and

(v)   to provide information on any matters brought to the attention of the labour inspection services or judicial authorities with regard to the application of the Convention.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

1. The Committee notes the Government’s report which contains information in reply to the communication received from the International Confederation of Free Trade Unions (ICFTU) dated 23 September 2003, as well as information concerning certain matters raised by the Committee in its previous comments. The Committee also notes the communication dated 16 October 2006 received from the National Union of Autonomous Trade Unions of Senegal (UNSAS) and the Government’s response thereto.

2. The Committee recalls that the ICFTU expressed concerns over the concentration of women in low-quality jobs both in the public and private sectors. According to the ICFTU, women have less access to better paid occupations and the majority of them are employed in rural and informal economy work. Female illiteracy is very high and school enrolment of girls is low. UNSAS states that discrimination against women exists in practice and confirms that women are concentrated in low-quality jobs, often without access to social protection.

3. The Government states that no legal provision discriminates against women in respect of employment and occupation and that the process of harmonizing the legislation with the Convention on the Elimination of All Forms of Discrimination against Women was still ongoing. The Government contests the allegations concerning discrimination in practice, stating that women are more likely to be attracted by some occupations than others due to their “social and family obligations”. The statistical information provided by the Government indicates that 22.6 per cent of the civil servants are women, with a very high concentration in occupations relating to health and social affairs. The proportion of women in category A of the civil service is as low as 8.7 per cent. As regards access to education and training, the report indicates that some progress has been made concerning the enrolment of girls and addressing female illiteracy. According to the data provided, the overall enrolment rate for girls is 80.6 per cent compared to 82.5 for boys. However, the Committee notes that girls participate in education beyond the primary level at a much lower rate than boys.

4. The Committee stresses the need for the Government to continue to review the legislation, particularly the Family Code, and to repeal provisions that contradict the principle of gender equality, as such provisions have an adverse impact on the enjoyment by women of their human right to equality of opportunity and treatment in employment and occupation. However, the Committee also notes that a national policy, as envisaged in Article 2 of the Convention, not only consists of ensuring non-discrimination and equality before the law, but must also include an equal opportunity policy offering everyone, without distinction based on sex or other grounds, equal means and opportunities for training and employment. Taking into consideration the information received, the Committee considers that further measures are required to address the existing gender imbalances in respect of education, employment and occupation, including through a proactive policy to promote gender equality at work and in society at large that avoids stereotypical assumptions regarding women’s aspirations, capabilities and social roles. The Committee requests the Government to provide, in its next report, detailed information on the following:

(a)   the progress made in harmonizing the legislation with the principle of gender equality;

(b)   the measures taken to implement an equal opportunities policy that enables women to access education and work on an equal footing with men, including access to traditionally male-dominated jobs, self-employment, and decision-making and management positions;

(c)   the measures taken to promote awareness and training on gender equality issues as may be necessary to secure acceptance and observance of the national equality policy, including measures taken in cooperation with employers’ and workers’ organizations and other appropriate bodies; and

(d)   the results achieved regarding these matters, including statistical information on enrolment in education and training at the various levels, disaggregated by sex, and the participation of men and women in employment and work in the private and public sectors (according to job categories or occupations), as well as the informal economy.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

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 the very brief report provided by the Government, including its response to the comments sent by the International Confederation of Free Trade Unions (ICFTU) dated 23 September 2003, indicating discrimination against women in employment and occupation.

1. Article 2 of the Convention. Discrimination against women in practice. In its comments, the ICFTU states that although there might not be any discrimination in law between men and women, in practice women are concentrated in poorer jobs in the public and private sectors. They have less access to higher paid professions and the majority are employed in rural and informal economy work. Female illiteracy is very high and school enrolment of girls is low. The Committee notes the Government’s statement that it will provide a reply on these comments in the future, and hopes that the Government will make every effort to include the information in its next report.

2. The Committee notes that the Government’s report does not provide any information with regard to its previous comments, which in fact also relate to the comments made by the ICFTU under point 1 of this direct request. It therefore must repeat its previous comments which included the following points:

(a)  Article 2. National policy. Please keep the Committee informed of any developments with regard to: (i) the harmonization of the legislation with the United Nations Convention on the Elimination of All Forms of Discrimination Against Women [...], including the adoption of the two texts on the organizations for the protection of women’s rights; and (ii) the adoption of the two Bills that are being considered, one to ensure gender equality in respect of invalidity, survivors’ and old-age benefits, and the other to enable women’s dependants to benefit from the advantages afforded to them by law.

(b)  Article 3(b). Awareness raising. The Government is requested to provide information on the efforts made to combat discrimination at work and raise awareness among administrative authorities and employers about equal opportunities and treatment.

(c)  Article 3(d). Access of women to the public service. Noting that women are appointed to a variety of posts in the public service, the Committee asks the Government to provide statistical data on men and women in the public service.

(d)  Article 3(e). Access to vocational training. The Committee would be grateful to receive information, including statistics, on: (i) the increase in the number of girls in general secondary education and the overall school registration rate, and on the introduction of the gender training module in the National Institute of Higher Education; (ii) the rehabilitation of women’s technical educational centres, the type of training they provide, the number of students, and on the specific measures taken to ensure that women’s occupational skills are also promoted and developed; and (iii) the measures taken for the development of women entrepreneurs.

(e)  Please provide information on the content and follow-up of the launching of a girls’ school enrolment programme (SCOFI) and the establishment of community schools, the project to support the "new school" and the finalization and implementation of the Ten-year Education and Training Programme (1998-2007), and their impact on equality of opportunity and treatment in Senegalese society and in the labour market, particularly in rural areas.

The Committee hopes that the Government will make every effort to include this information in its next report.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the very brief report provided by the Government, including its response to the comments sent by the International Confederation of Free Trade Unions (ICFTU) dated 23 September 2003, indicating discrimination against women in employment and occupation.

1. Article 2 of the Convention. Discrimination against women in practice. In its comments, the ICFTU states that although there might not be any discrimination in law between men and women, in practice women are concentrated in poorer jobs in the public and private sectors. They have less access to higher paid professions and the majority are employed in rural and informal economy work. Female illiteracy is very high and school enrolment of girls is low. The Committee notes the Government’s statement that it will provide a reply on these comments in the future, and hopes that the Government will make every effort to include the information in its next report.

2. The Committee notes that the Government’s report does not provide any information with regard to its previous comments, which in fact also relate to the comments made by the ICFTU under point 1 of this direct request. It therefore must repeat its previous comments which included the following points:

(a)  Article 2. National policy. Please keep the Committee informed of any developments with regard to (i) the harmonization of the legislation with the United Nations Convention on the Elimination of All Forms of Discrimination Against Women [...], including the adoption of the two texts on the organizations for the protection of women’s rights; and (ii) the adoption of the two Bills that are being considered, one to ensure gender equality in respect of invalidity, survivors’ and old-age benefits, and the other to enable women’s dependants to benefit from the advantages afforded to them by law.

(b)  Article 3(b). Awareness raising. The Government is requested to provide information on the efforts made to combat discrimination at work and raise awareness among administrative authorities and employers about equal opportunities and treatment.

(c)  Article 3(d). Access of women to the public service. Noting that women are appointed to a variety of posts in the public service, the Committee asks the Government to provide statistical data on men and women in the public service.

(d)  Article 3(e). Access to vocational training. The Committee would be grateful to receive information, including statistics, on (i) the increase in the number of girls in general secondary education and the overall school registration rate, and on the introduction of the gender training module in the National Institute of Higher Education; (ii) the rehabilitation of women’s technical educational centres, the type of training they provide, the number of students, and on the specific measures taken to ensure that women’s occupational skills are also promoted and developed; (iii) the measures taken for the development of women entrepreneurs.

(e)  Please provide information on the content and follow-up of the launching of a girls’ school enrolment programme (SCOFI) and the establishment of community schools, the project to support the "new school" and the finalization and implementation of the Ten-year Education and Training Programme (1998-2007), and their impact on equality of opportunity and treatment in Senegalese society and in the labour market, particularly in rural areas.

The Committee hopes that the Government will make every effort to include this information its next report.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the comments sent by the International Confederation of Free Trade Unions (ICFTU) dated 23 September 2003, which contain information concerning discrimination on the grounds of sex. These comments were forwarded to the Government on 20 October 2003 and the Committee will address them at its next session, together with the Government’s responses to these comments and to the direct request made in 2002.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s report.

1. The Committee notes with interest the strengthening of the principle of equality between the sexes in the Constitution of 22 January 2001, in which article 25 provides that "everyone has the right to work" and that "no one may be impeded in their work by reason of their origins, sex, opinions, political choices or beliefs". The Committee also notes that education is a national priority, as set out in article 22 of the Constitution, which provides that "The State has the duty and the task of education and training of youth by public schools. All children, boys and girls, throughout the national territory, have the right of admission to school."

2. The Committee notes that, according to the report of the Committee on the Elimination of Racial Discrimination (CERD) of 19 November 2001 (CERD/C/408/Add.2), the Government has undertaken to correct the disparities between the sexes and regions and make education universal through mechanisms to increase the school population (ages 7 to 12 years). It notes, inter alia, the launching of a girls’ school enrolment programme (SCOFI) and the establishment of community schools (paragraph 83(c)), the project to support the "new school" (paragraph 83(d)) and the finalization and implementation of the Ten-year Education and Training Programme (1998-2007), "which will make it possible to correct geographical imbalances in school enrolment, make better provision for children with disabilities and ultimately achieve the goal of education for all" (paragraph 83(f)). The Committee would be grateful to be kept informed of the content and follow up of these various measures, as well as their impact on equality of opportunity and treatment in Senegalese society and in the labour market, particularly in rural areas.

3. Noting that the Government has not provided a reply to its previous comments, the Committee once again requests the Government to provide information on the points raised, which read as follows:

(i)  As regards education, the Committee would be grateful if the Government would provide information, particularly statistics on the increase in the number of girls in general secondary education and the overall school registration rate, and on the introduction of the gender training module in the National Institute of Higher Education. With regard to vocational training, the Committee requests the Government to provide information on the rehabilitation of women’s technical educational centres, the type of training they provide, the number of students, and on the specific measures taken to ensure that women’s occupational skills are also promoted and developed. It asks the Government to supply specific information on the measures taken for the development of women entrepreneurs. Please also supply information on the efforts made by the Government to combat discrimination at work and raise awareness among administrative authorities and employers about equal opportunities and treatment.

(ii)  The Committee notes from the Government’s report that two Bills are being considered, one to ensure gender equality in respect of invalidity, survivors’ and old-age benefits, and the other to enable women’s dependants to benefit from the advantages afforded to them by law. It also notes the harmonization of the legislation with the United Nations Convention on the Elimination of All Forms of Discrimination Against Women [...] and the two texts on the organizations for the protection of women’s rights. It would be grateful if the Government would provide copies of the legislative texts as soon as they have been adopted.

(iii)  The Committee notes that women are appointed to a variety of posts in the public service. It asks the Government to supply statistical data on men and women in the public service.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee takes note of the information contained in the Government’s report.

1.  The Committee notes the information supplied in the Government’s report concerning the activities carried out by the National Ministry of the Family and Solidarity to promote equal opportunities in employment and occupation in the areas of education and vocational training, employment and the law. As regards education, the Committee would be grateful if the Government would provide additional information, particularly statistics on the increase in the number of girls in general secondary education and the overall school registration rate, and on the introduction of the gender training module in the National Institute of Higher Education. With regard to vocational training, the Committee requests the Government to provide information on the rehabilitation of the women’s technical educational centres, the type of training they provide, the number of students, and on the specific measures taken to ensure that women’s occupational skills are also promoted and developed. It asks the Government to supply specific information on the measures taken for the development of women entrepreneurs. Please also supply information on efforts of the Government to combat discrimination at work and raise awareness among the administrative authorities and employers about equal opportunities and treatment.

2.  The Committee notes from the Government’s report that two bills are being considered, one to ensure gender equality in respect of invalidity, survivors’ and old‑age benefits, and the other to enable women’s heirs to benefit from the advantages afforded to them by law. It also notes the harmonization of the legislation with the United Nations Convention on the Elimination of All Forms of Discrimination Against Women, the strengthening of the principle of gender equality in the Constitution, and the two texts on the organizations for the protection of women’s rights. It would be grateful if the Government would provide copies of the legislative texts as soon as they have been adopted.

3.  The Committee notes that women are appointed to a variety of posts in the public service. It asks the Government to supply statistical data on men and women in the public service.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes that the Government's report contains no reply to the previous comments. It must therefore repeat its previous direct request, which read as follows:

1. The Committee notes with interest that a Ministerial Order of 21 June 1991 (No. 5163 MFEM) establishes, within the framework of the Human Resources Development Programme (PDRH), a Support and Coordination Unit (USC) for the "Promotion of the Status of Women" component within the Ministry of Women, Children and the Family, whose mandate is to manage and implement the Ministry's programmes. The Committee also notes that Decree No. 96.398 of 15 May 1996 to reorganize the Ministry of Women, Children and the Family creates a supplementary structure designated "Directorate of Family Welfare", whose responsibilities include supporting and promoting all initiatives which aim to enable women to participate effectively in development and enhance the value of their work and other activities in connection with the promotion of the status of women. The Committee also notes that, according to a report submitted by the Government to the Human Rights Committee (United Nations document CCPR/C/79/Add.82), the Ministry of Women, Children and the Family has initiated plans of action in collaboration with non-governmental organizations as part of its overall efforts to enhanced public awareness of women's issues. The Committee hopes that the Government will provide concrete information in its future reports on the Ministry's activities and programmes and, in particular, on the activities of the Support and Coordination United for the "Promotion of the Status of Women" component and of the Directorate of Family Welfare aimed at promoting equality of opportunity and treatment in respect of employment and occupation.

2. The Committee notes that the Government's report does not answer the questions raised in its direct request of 1995, in which it asked the Government provide specific information on any positive action undertaken in practice to facilitate and promote the access of women and, where appropriate, underprivileged ethnic groups, to training and employment, particularly in jobs and trades in which they are still under-represented. The Committee once again asks the Government to supply this information in its future reports and refers the Government specifically to paragraphs 166 to 169 of its 1988 General Survey on equality in employment and occupation in which it defines "positive action programmes" involving temporary measures directed only at women or other disadvantaged social groups with a view to redressing de facto inequalities affecting their opportunities.

3. The Committee notes the Government's statement to the effect that the situation of women workers in management posts is developing without any hindrance, in terms both of legislation and practice. The Committee also notes the Government's information to the effect that the reaction of employers to awareness-raising measures has been largely positive and that this has been reflected in the increasing number of posts taken by women in sectors traditionally dominated by men. Unfortunately, according to the Government, the 1991 statistics given in its report of 1995 on the number of women employed in the private sector and in the public service are currently the only ones available. These statistics will, however, no doubt be updated in the very near future. The Committee would be grateful if the Government would provide, as soon as they are available, the updated statistics on the number of women employed in the private and public sectors and any developments in the situation with regard to the number of women employed in management posts and in the sectors hitherto dominated by men, which is currently growing, according to the Government's report.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information provided by the Government in its report.

1. The Committee notes with interest that a Ministerial Order of 21 June 1991 (No. 5163 MFEM) establishes, within the framework of the Human Resources Development Programme (PDRH), a Support and Coordination Unit (USC) for the "Promotion of the Status of Women" component within the Ministry of Women, Children and the Family, whose mandate is to manage and implement the Ministry's programmes. The Committee also notes that Decree No. 96.398 of 15 May 1996 to reorganize the Ministry of Women, Children and the Family creates a supplementary structure designated "Directorate of Family Welfare", whose responsibilities include supporting and promoting all initiatives which aim to enable women to participate effectively in development and enhance the value of their work, and other activities in connection with the promotion of the status of women. The Committee also notes that, according to a report submitted by the Government to the Human Rights Committee (United Nations document CCPR/C/79/Add.82), the Ministry of Women, Children and the Family has initiated plans of action in collaboration with non-governmental organizations as part of its overall efforts to enhance public awareness of women's issues. The Committee hopes that the Government will provide concrete information in its future reports on the Ministry's activities and programmes, and in particular on the activities of the Support and Coordination Unit for the "Promotion of the Status of Women" component and of the Directorate of Family Welfare aimed at promoting equality of opportunity and treatment in respect of employment and occupation.

2. The Committee notes that the Government's report does not answer the questions raised in its direct request of 1995, in which it asked the Government to provide specific information on any positive action undertaken in practice to facilitate and promote the access of women and, where appropriate, underprivileged ethnic groups, to training and employment, particularly in jobs and trades in which they are still under-represented. The Committee once again asks the Government to supply this information in its future reports, and refers the Government specifically to paragraphs 166 to 169 of its 1988 General Survey on equality in employment and occupation in which it defines "positive action programmes" involving temporary measures directed only at women or other disadvantaged social groups with a view to redressing de facto inequalities affecting their opportunities.

3. The Committee notes the Government's statement to the effect that the situation of women workers in management posts is developing without any hindrance, in terms both of legislation and practice. The Committee also notes the Government's information to the effect that the reaction of employers to awareness-raising measures has been largely positive, and that this has been reflected in the increasing number of posts taken by women in sectors traditionally dominated by men. Unfortunately, according to the Government, the 1991 statistics given in its report of 1995 on the number of women employed in the private sector and in the public service are currently the only ones available. These statistics will, however, no doubt be updated in the very near future. The Committee would be grateful if the Government would provide, as soon as they are available, the updated statistics on the number of women employed in the private and public sectors, and any developments in the situation with regard to the number of women employed in management posts and in the sectors hitherto dominated by men, which is currently growing, according to the Government's report.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

1. The Committee notes that the Government's report contains information of a general nature, but does not reply to all the matters raised in its previous comments, in particular the question of the positive action (in the meaning of paragraphs 166 to 169 of its 1988 General Survey on equality in employment and occupation) taken to encourage and facilitate the access of women to training and employment, and particularly in branches of training and jobs and positions in which they are still very under-represented. In this respect, the Committee notes from the statistics attached to the report that, in 1991, the general percentage of women employed was 11 per cent in the private sector, and 15 per cent in the public service. The Committee once again hopes that the Government will supply information with its next report on the positive measures that have been taken or are envisaged to facilitate and encourage a substantial increase in the participation of women in training and employment, particularly in branches of training and in occupations and jobs in which men are predominant, as well as in managerial positions. In particular, the Committee once again requests information on the vocational training activities undertaken by the National Vocational Training Office (ONFP), including recent statistics on the numbers of girls in the various branches of training organized by the ONFP.

2. With reference to the information provided previously by the Government concerning its intention to raise the awareness of employers as regards the access of girls to trainee positions in enterprises in jobs that are traditionally held by men, and noting from the above statistics that the percentage of female apprentices is very low (1.5 per cent), the Committee requests the Government to provide information on developments in the situation as a result of the awareness-raising activities for employers.

3. The Committee notes with interest that awareness-raising activities for girls are continuing with a view to promoting their access to jobs that have hitherto been occupied by men, particularly through weekly television broadcasts on the subject of "Women at work" and that, as a result of these activities, women's employment has increased in, among others, the fish and food industries. The Committee would be grateful if the Government would continue providing information in future reports on the education and information activities that have been undertaken concerning the non-discrimination policy and on the results obtained, in the form of statistics reflecting the increase in the number of women employed in the public and private sectors.

4. With reference to the Government's general statement that organizations of employers and workers ensure the observance of government policy in the field of equality of opportunity and treatment in employment and vocational training, the Committee requests the Government to provide information on the activities undertaken by these organizations for this purpose and, as requested in its previous comments, to indicate the manner in which they cooperate with the Government to promote the acceptance and observance of this policy, in accordance with Article 3(a) of the Convention.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

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, in pertinent part, as follows:

1. The Committee notes the Government's statement that it is continuing to raise the awareness of employers and workers as to the need to overcome the restrictions of the former and hesitations of the latter with regard to access to employment without any discrimination on the basis of sex. It also takes due note of the fact that the Government, in combination with information programmes directed at the population, plans to raise the awareness of employers regarding the access of girls to trainee positions in undertakings in types of employment occupied traditionally by men. It requests the Government to provide details in its next report on the awareness-raising and information measures undertaken with regard to the population, employers and workers with a view to gaining their acceptance of the application of the national policy to promote equality of opportunity and treatment, in accordance with Article 3(b) of the Convention. In this respect, the Committee refers the Government to paragraphs 231 to 236 of its 1988 General Survey on equality in employment and occupation in which it emphasizes the goal of education and information activities on the non-discrimination policy and gives examples of the various forms that these measures can take according to national circumstances and customs.

2. In the absence of a precise reply to its previous request for information on collaboration with employers' and workers' organizations and other appropriate bodies in promoting equality of access to vocational training, the Committee once again requests the Government to supply information in its next report on the measures which have been taken or are envisaged to seek the cooperation of employers' and workers' organizations and other appropriate bodies and to describe the forms which this cooperation takes, in promoting acceptance and observance of the national policy designed to promote equality of opportunity and treatment in respect of employment and occupation, particularly with regard to vocational training, and to eliminate any discrimination, particularly on the ground of sex, in accordance with Articles 2 and 3(a) of the Convention.

3. The Committee notes the activities of the National Vocational Training Office (ONFP) (days of reflection on the suitability of training for employment; studies; the financing of programmes). It once again requests the Government to provide specific information on any positive action undertaken in practice to facilitate and promote the access of women and, where appropriate, underprivileged ethnic groups, to training and employment, particularly in jobs and trades in which they are still under-represented. Please refer in this context to paragraphs 166 to 169 of the above General Survey in which the Committee gives a definition of "positive action programmes", which include temporary measures aimed exclusively at women or other underprivileged social groups to make good de facto inequalities which affect their opportunities.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

With reference to its previous direct requests, the Committee notes the information supplied by the Government in its report.

1. The Committee notes the Government's statement that it is continuing to raise the awareness of employers and workers as to the need to overcome the restrictions of the former and hesitations of the latter with regard to access to employment without any discrimination on the basis of sex. It also takes due note of the fact that the Government, in combination with information programmes directed at the population, plans to raise the awareness of employers regarding the access of girls to trainee positions in undertakings in types of employment occupied traditionally by men. It requests the Government to provide details in its next report on the awareness-raising and information measures undertaken with regard to the population, employers and workers with a view to gaining their acceptance of the application of the national policy to promote equality of opportunity and treatment, in accordance with Article 3(b) of the Convention. In this respect, the Committee refers the Government to paragraphs 231 to 236 of its 1988 General Survey on Equality in Employment and Occupation in which it emphasizes the goal of education and information activities on the non-discrimination policy and gives examples of the various forms that these measures can take according to national circumstances and customs.

2. In the absence of a precise reply to its previous request for information on collaboration with employers' and workers' organizations and other appropriate bodies in promoting equality of access to vocational training, the Committee once again requests the Government to supply information in its next report on the measures which have been taken or are envisaged to seek the cooperation of employers' and workers' organizations and other appropriate bodies and to describe the forms which this cooperation takes, in promoting acceptance and observance of the national policy designed to promote equality of opportunity and treatment in respect of employment and occupation, particularly with regard to vocational training, and to eliminate any discrimination, particularly on the ground of sex, in accordance with Articles 2 and 3(a) of the Convention.

3. The Committee notes the activities of the National Vocational Training Office (ONFP) (days of reflection on the suitability of training for employment; studies; the financing of programmes). It once again requests the Government to provide specific information on any positive action undertaken in practice to facilitate and promote the access of women and, where appropriate, underprivileged ethnic groups, to training and employment, particularly in jobs and trades in which they are still under-represented. Please refer in this context to paragraphs 166 to 169 of the above General Survey in which the Committee gives a definition of "positive action programmes", which include temporary measures aimed exclusively at women or other underprivileged social groups to make good de facto inequalities which affect their opportunities.

4. The Committee requests the Government to supply with its next report the statistics which it stated were attached to the report, but which have not been received by the ILO, concerning the number of girls following the various training courses provided by the National Vocational Training Centre (CNQP), the number of women employed in the public sector and their proportion in relation to men, as well as the number of women in positions of responsibility in the public sector, and the same information for 1986 (or more recent years) for the private sector.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

With reference to its previous direct requests, the Committee notes the information supplied by the Government in its report.

1. The Committee notes the Government's statement that increased awareness with regard to the access of girls to jobs traditionally held by men is continually sought through the mass media. The Committee recalls the Government's previous statement on this subject to the effect that, in addition to conducting a public information campaign, it planned to raise awareness among employers about access for girls to these jobs. The Committee would be grateful if the Government would supply information in its next report on the general methods used to seek the cooperation of employers' and workers' organizations and other appropriate bodies in promoting the acceptance and observance of the national policy designed to promote equality of opportunity and treatment in respect of employment and occupation, including vocational training, with a view to eliminating any discrimination, particularly on the ground of sex, in accordance with Articles 2 and 3 of the Convention.

2. The Committee notes that the Government has not replied to its previous comments concerning the activities of the National Vocational Training Office (ONFP). The Committee once again requests the Government to supply information on the aspects of ONFP activities concerning vocational training for women and on any positive action undertaken in practice to facilitate the access of women to training and employment, and in particular to trades which are traditionally the reserve of men.

3. The Committee notes the Government's indications that statistics will be supplied in a future report due to the fact that they are currently being compiled in various sectors. With reference to its previous comments, the Committee hopes that the Government will be able to supply in its next report recent statistical information on the number of women employed in the public and private sectors, broken down by their level of responsibility and their percentage in relation to the number of men employed.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

1. With reference to its previous comments, the Committee notes the Government's indications concerning the activities of the National Vocational Training Office (ONFP), particularly the surveys on the demand for training, the financing of work experience "préinsertion à l'emploi" programmes for 100 higher education graduates and the occupational retraining for workers made redundant in industry. The Committee requests the Government in its future reports to supply information on all aspects of ONFP activities concerning vocational training for women, taking particular account of the indications in points 2 and 3 below.

2. The Committee takes note of the statistical information supplied by the Government concerning the number of girls sitting the competitive entrance examination to the National Centre for Occupational Skills, which rose from 41 in 1985-86 to 110 in 1990, but remains very limited in relation to the number of boys. According to the Government's report, the fact that girls are poorly informed on the matter is not the only reason for this difference; girls must also overcome cultural barriers in order to accede to jobs traditionally held by men. The Committee notes with interest that in addition to conducting a public information campaign, the Government plans to raise awareness among employers about access for girls to these jobs. It requests the Government to provide information on progress made in this respect.

3. With reference to its previous comments, the Committee takes note of the statistical information on the distribution of employees in the state administration according to sex and category, at 30 May 1989, and observes that the number of women in these posts is much lower than the number of men, and that women account for 15.3 per cent of the total staff. The Committee requests the Government to provide information on any developments in this respect, along with recent statistical information on the number of women employed the private sector and the number of women holding posts of responsibility in this sector.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

With reference to its previous comments, the Committee notes with satisfaction that Act No. 89-01 of 17 January 1989 which amends the Family Code by repealing former section 154 (husband's opposition to his wife's exercising an occupation).

The Committee raises other questions in a request addressed directly to the Government.

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

1. The Committee notes two communications by the Independent Union of Teachers in Higher Education (SAES), dated 15 March 1989 and 15 February 1990, alleging that university teachers are discriminated against because they receive a housing allowance which is lower than that of other state employees classified in the same category of the public service. It notes also the Government's comments in a letter dated 5 March 1990, in reply to these communications. The Committee recalls that under Article 1, paragraph 1(a), of the Convention, discrimination is defined in the Convention as "any distinction, exclusion or preference made on the basis of race, colour, sex, religion, political opinion, national extraction or social origin". Thus, the difference of treatment alleged does not affect the application of the Convention, since it is not based on one of the grounds set out in this provision.

2. The Committee notes the Government's reply to its previous comments and notes that the National Vocational Training Office (ONFP), which was established under Act No. 86-44 of 1986, is still being set up and that no programme has as yet been adopted as regards vocational training. The Committee also notes that a national seminar was to have been held by that institution to identify the training needs of the social partners and that the recommendations of this seminar would serve as a basis for the implementation of its training programme. The Committee once again hopes that the next report will contain detailed information on the training programme that has been adopted and the results that have been obtained, particularly as regards the vocational training of women, and especially in trades and jobs which are not traditionally considered to be for women.

3. The Committee also notes the statistics supplied by the Government concerning the number of students of both sexes admitted to the basic and further training courses provided by the National Centre for Occupational Skills (CNQP) since it was established in 1983. The Committee notes, however, that the number of girls admitted to these training courses is still very limited in relation to the number of boys (16, as compared to 240); it is therefore bound to express the hope that the Government will make every effort to disseminate awareness of the activities of this Centre through the population and to promote the access of girls to the Centre and their participation in basic and further training courses leading to non-traditional jobs. The Committee requests the Government to supply information on the results obtained in this respect.

4. The Committee also expresses the hope, as it has in previous comments, that the Government will be able to supply information in its next report on the implementation of the Plan of Action for Women that is provided for in the Economic and Social Development Plan, and on the work of the Secretariat of State for Women's Affairs, especially as regards the promotion of equality of opportunity and treatment for women in employment. The Committee requests the Government to supply information, and particularly recent statistics on the number of women employed in the private and public sectors and their proportion in relation to men, and on the number of women employed in posts of responsibility in these sectors.

5. The Committee notes that under section 154 of the Civil Code, a woman may exercise an occupation, even separately from her husband, unless he opposes it. It requests the Government to indicate whether this provision is still in force and, if so, to indicate the measures that have been taken or are envisaged to repeal it since it is incompatible with the Convention and with the national policy of non-discrimination.