Demande directe (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - Comores (Ratification: 2004)

The Committee notes the observations made by the Confederation of Workers of Comoros (CTC), received on 1 September 2011, stressing the absence of any appropriate procedures to lodge a complaint in the event of discrimination in employment and occupation both in the private and public sector. The CTC also states that no measures are taken by the competent authorities to ensure respect of the provisions of the Labour Code, and adds that the labour inspection services and courts have not dealt with any cases of discrimination. Finally, the CTC stresses the absence of any texts implementing the Labour Code, more than 25 years after its adoption. The Committee asks the Government to reply to the CTC’s observations.

Furthermore, the Committee notes with regret that the Government’s report does not contain any reply to its previous comments. The Committee hopes that the next report will provide full information on the points raised in its previous direct request, which read as follows:

Article 3(b) of the Convention. Measures to promote equality of opportunity and treatment. The Committee notes the Government’s statement that no concrete measures have been taken to raise awareness of the principle of equality. It notes that the Organization of Employers of Comoros (OPACO), in their communication received on 1 September 2009, also indicates that no such measures had been taken. The Committee nevertheless stresses the importance of educational programmes and awareness-raising measures for combating discrimination, particularly gender stereotypes regarding the professional abilities of women and stereotypes regarding the role of men and women in society, as well as for promoting genuine equality of opportunity and treatment and with a view to increasing the employment opportunities of the most vulnerable groups of the population. The Committee strongly encourages the Government to take concrete measures to raise awareness of the principle of equality of opportunity and treatment in employment and occupation among workers, employers and their organizations, officials responsible for the enforcement of the equality legislation (labour inspectors, judges, lawyers) and the public at large. Please provide information on the initiatives and action taken in this regard, in the context of the National Policy on Gender Equity and Equality or otherwise.

Article 3(d). Public service. The Committee notes that according to the Government, equality of opportunity and treatment in the public service is ensured by the strict implementation of Act No. 04-006/A.U of 10 November 2004 (“Public Service Statute”), which provides that recruitment is organized through competitions. The Committee recalls that the existence of a competition procedure for accessing the public service does not exclude the possibility of discriminatory practices in the course of recruitment or employment, particularly in respect of a career advancement. The Committee accordingly requests the Government to indicate the measures taken to ensure in practice the effective application of the principle of equality laid down in the Convention in respect of employment under the direct control of a national authority. The Committee also requests the Government to provide information on any positive measures it may have taken to promote equal access of women to management positions and the results obtained in this regard. Finally, the Government is once again requested to provide a copy of the 2004 Public Service Statute.

Article 5. Special measures of protection. The Committee notes the Government’s indication that draft regulations regarding the work prohibited for women and adolescents is currently under preparation. The Committee requests the Government to ensure, in the context of the preparation of these regulations, that any provisions limiting the access of women to certain types of work are not based on stereotypes regarding their professional abilities and their role in society, and that they are strictly limited to the maternity protection. The Government is also requested to provide information on the consultations held with employers’ and workers’ organizations regarding this matter and to provide a copy of the regulations as soon as they are adopted.

Part III of the report form. Enforcement of the legislation. According to the information provided by the Government, the labour inspection service and the Labour Court ensure compliance with the provisions of the Labour Code prohibiting discrimination and the sanctions provided for are regularly imposed by the Labour Court. The Government also indicates that individuals have the possibility to approach the Constitutional Court in case of discrimination in employment and occupation. Noting this information, the Committee requests the Government to provide information on the activities of the labour inspectors relating to combating discrimination and promoting equality including, for example, extracts of inspection reports and to provide copies of any decisions of the Constitutional Court or the Labour Court regarding these issues. Noting that the Government wishes to obtain the assistance of the ILO to strengthen the capacity of labour inspectors in this area, the Committee hopes that the Government will benefit from such assistance in the near future.

Part V of the report form. Statistics. The Committee notes the Government’s indication that no reliable statistical data on the situation of men and women in the labour market exists. The Committee hopes that the Government, in the near future, will be able to take measures to progressively create the conditions necessary to collect and analyse such data, which is indispensable for identifying possible discrimination between men and women and to assess the impact of the measures taken to address it. It also requests the Government to provide any available information on the employment situation of men and women, both in the private and public sectors.