Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Senegal

Equal Remuneration Convention, 1951 (No. 100) (Ratification: 1962)
Discrimination (Employment and Occupation) Convention, 1958 (No. 111) (Ratification: 1967)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on equality, the Committee considers it appropriate to examine the Conventions Nos 100 (equal remuneration) and 111 (discrimination in employment and occupation) together.

Convention No. 111 – National policy to promote equality of opportunity and treatment in respect of employment and occupation

Articles 1(1)(a) and 3(b). Discrimination based on colour. The Committee notes that, in its concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern at reports of acts of violence, including sexual violence, committed against women and girls with albinism, such as in the context of erroneous traditional beliefs, and the obstacles they face in gaining access to education, employment and social services (CEDAW/C/SEN/CO/8, 1 March 2022, para. 39(b)). The Committee requests the Government to provide information on: (i) any measures adopted or envisaged to prevent and bring an end to this form of discrimination based on colour, which seriously prejudices the achievement of the right to equality of opportunity and treatment in employment and occupation of the persons concerned, either through the dissemination of information, training, awareness campaigns for teachers and all the actors in the world of work (workers, employers and their respective organizations, labour inspectors and judges), or positive discrimination measures for persons with albinism; and (ii), where appropriate, the results and improvements achieved.

Articles 1(1)(b) and 3(b). Persons with disabilities. The Committee notes that: (1) the priority action plan for the period 2019–23 of the Emerging Senegal Plan included the objective of strengthening school reintegration and inclusion strategies for children with disabilities; and (2) one of the objectives of the plan of action of the Digital Senegal Strategy 2025 (as updated) was to use information and communication technologies to contribute to the integration of persons with disabilities. In this regard, the Committee notes that the CEDAW also expressed concern at acts of violence committed against women and girls with disabilities, and the obstacles they face in gaining access to education and employment (CEDAW/C/SEN/CO/8, para. 39(b)). The Committee requests the Government to provide information on: (i) the results of the Emerging Senegal Plan and the Digital Senegal Strategy 2025; and (ii) any measures taken or envisaged for the school attendance, vocational guidance and training and labour market integration of persons with disabilities.

Articles 1 to 3. National policy of equality of opportunity and treatment. Sex. Access to employment and occupation and occupational segregation. The Committee notes the Government’s reiterated commitment to combat discrimination against women in all sectors and its statement that, for this purpose, it has adopted public policies and taken a number of measures. In the field of education, it indicates that special measures have been taken to increase the presence of girls in science and technology courses in the context of the Programme for the Improvement of Quality, Equity and Transparency (PAQUET), which covers the period 2018–30, including affirmative discrimination measures (technical and industrial courses only have 38 per cent girls), programmes of grants for excellence, the Miss Maths and Miss Sciences competitions and the “Jiggen ci technologie” (women in technology) programme. With reference to vocational training, the Government indicates that: (1) the proportion of girls and women has risen to 54 per cent of all learners; and (2) incentives have been adopted to promote interest by boys in courses that are traditionally reserved for women. The Committee notes with interest all of these measures and programmes, and the development of the National Agenda for Girls and the updating of the Digital Senegal Strategy 2025, of which action No. 622 (contribution to women’s digital entrepreneurship) is intended to increase the access of women to the resources and opportunities of the digital economy. The Committee also notes that the CEDAW, while welcoming the numerous instances of progress, makes numerous recommendations to the Government, including: (1) undertaking inclusive consultations, including with traditional and religious leaders, on the revision and implementation of the relevant laws; (2) strengthening mechanisms to ensure cooperation between gender equality bodies, and the provision of adequate resources; and (3) eliminating occupational segregation, including by introducing flexible working arrangements and investing in childcare services and a public transport system (CEDAW/C/SEN/CO/8, paras 10(c), 16(a) and 32(b)). It also notes that, although the mid-term evaluation report for the second phase of the National Strategy for Gender Equity and Equality (SNEEG 2), prepared in October 2023, reports significant progress in relation to equality between women and men, especially in access to decision-making bodies, it also observes that the achievements of SNEEG 2 and the resources devoted to it are still low in relation to the desired objective of gender equity and equality, and that efforts will have to be continued in many fields. The Committee further notes that in its 2024 report on the national-level review of the implementation of the Beijing Declaration and Platform for Action, 1995 (Beijing+30 national report), the Government recognized that it has to give effect to the recommendations of SNEEG 2. Finally, the Committee notes that, according to the World Economic Forum Global Gender Gap Report 2024: (1) the labour market participation rate of women is only 37.5 per cent; and (2) only 15.2 per cent of senior officials and managers are women. The Committee requests the Government to continue its efforts to combat sexist stereotypes and prejudice against girls and women, and to promote gender equality in practice in all aspects of employment and occupation, including in relation to the access of women to production factors, the formal economy and positions of responsibility. The Committee also requests the Government to provide information on: (i) the results of the various programmes, initiatives, strategies, measures and agendas implemented to promote equality of opportunity and treatment between women and men; and (ii) the implementation of the recommendations made in the context of the mid-term evaluation of the SNEEG 2, and in particular any process for the revision of laws that contain discriminatory provisions against women.

Sexual harassment. The Committee notes the conclusion of the Senegal Gender Profile, prepared by the European Union Delegation to Senegal in September 2021, that sexual harassment is latent at the enterprise level, in both public and private enterprises. The Committee notes in this regard that the CEDAW, concerned at the lack of measures taken to address sexual harassment in the workplace, recommended the Government to strengthen labour-related complaint and dispute resolution mechanisms and to impose appropriate sanctions on perpetrators (CEDAW/C/SEN/CO/8, paras 31(c) and 32(c)). The Committee recalls that sexual harassment is a serious manifestation of sex discrimination and emphasizes the importance of taking effective measures to prevent and prohibit sexual harassment at work, and specifies that such measures should address both quid pro quo and hostile environment sexual harassment (see the General Survey on the fundamental Conventions, 2012, para. 789). The Committee also draws the Government’s attention to its 2002 general observation, which provides additional information on this subject. The Committee requests the Government to indicate the legislative provisions and regulations applicable to sexual harassment at work and to specify whether it is covered by a definition that includes both quid pro quo and hostile environment sexual harassment. The Committee also requests the Government to provide information on: (i) any measures adopted or envisaged to reinforce complaint mechanisms for sexual harassment at work and the applicable sanctions; (ii) the number of cases of sexual harassment recorded by labour inspectors and dealt with by the courts or any other competent authority; and (iii) the nature of the sanctions imposed on the perpetrators.

Article 5. Special protection measures for women. The Committee notes with interest the adoption of Act No. 2022-02 of 14 April 2022 supplementing certain provisions of Act No. 97-17 of 1 December 1997 issuing the Labour Code on the protection of pregnant women, and Decree No. 2021-1469 of 3 November 2021 respecting pregnant women, which prohibits their employment in certain types of work which may be harmful to them. The Committee welcomes the indication contained in the Government’s report that the Minister of Labour has organized workshops for the dissemination of the Act and the Decree. Nevertheless, the Committee notes that the types of work prohibited for pregnant women, as set out in Decree No. 2021-1469, include work which, by its nature and the conditions in which it is performed, is likely to be prejudicial to their morals (first section). The Committee also notes that, under section L.146 of the Labour Code, “the labour and social security inspector may require the examination of women […] by an approved doctor in order to verify that the work to which they are assigned does not exceed their strength”, women “may not be retained in a job […] recognized to be beyond their strength and shall be assigned to suitable employment” and, if that is not possible, “the contract shall be terminated with payment of the notice period”. In this regard, the Committee recalls that the powers of labour inspectors and occupational physicians in relation to the evaluation of the protection of persons who work in hazardous or difficult conditions must be aimed at the protection of occupational safety and health, for both men and women, while taking into account the differences between the sexes and the specific risks to health, and that restrictions on the employment of women must not go beyond what is strictly necessary to protect maternity, nor be based on stereotypes concerning their capacities and role in society. On this point, the Committee notes that the CEDAW recommended the Government to repeal or amend section L.146 of the Labour Code and to facilitate the access of women to any occupation of their choosing (CEDAW/C/SEN/CO/8, para. 32(a)). The Committee requests the Government to ensure, within the context of the current reform of the Labour Code, that the restrictions on the employment of women, currently set out in section L.146 of the Labour Code, are strictly limited to the protection of maternity and are proportionate to the nature and scope of the intended protection, that they are not based on gender stereotypes and that they do not have the effect in practice of limiting the access of women to employment. It requests the Government to provide information on any measures adopted in this respect. The Committee also requests the Government to specify the nature of the types of work that are likely to be prejudicial to their morals, as indicated in the first section of Decree No. 2021-1469, and to indicate why the prohibition on the performance of such types of work only applies to pregnant women.

Convention No. 100 – Principle of equal remuneration for men and women for work of equal value

Articles 1 to 4. Pay gaps between men and women. The Committee notes that, according to the SNEEG 2 mid-term evaluation report, the elimination of wage gaps between the sexes is one of the objectives to be achieved. On this point, the Committee notes the Government’s indication that the revision of statistical compilation tools should be undertaken in the aftermath of the reform of the Labour Code so as to ensure the collection of data that is also disaggregated by sex. Finally, the Committee notes that the CEDAW also expressed concern at the continuing horizontal and vertical occupational segregation, the concentration of women in the informal labour market and in low-paying jobs and the persistent gender pay gap (CEDAW/C/SEN/CO/8, para. 31(b)). The Committee recalls that the underlying causes of gender pay gaps are closely linked to equality of opportunity and treatment for men and women in employment and occupation, and particularly to issues such as access to employment and occupation, and occupational segregation. It therefore refers the Government to its comments above on Convention No. 111. The Committee requests the Government to provide information on any progress achieved in the revision of the texts governing data collection tools on remuneration from work with a view to the collection of data disaggregated by sex in both the public and private sectors.

Article 3. Measures for the objective appraisal of jobs. Recalling that the effective application of the principle set out in the Convention requires the adoption of a method to measure and compare the relative value of different jobs performed by women and men, the Committee draws the Government’s attention to the explanations contained in paras 695 to 709 of its 2012 General Survey on objective job evaluation and invites it to avail itself without delay of the technical assistance that the Office can provide in this respect. The Committee once again requests the Government to: (i) take the necessary measures to promote the use of objective job evaluation methods based on objective and non-discriminatory criteria such as qualifications, effort, responsibilities and working conditions; and (ii) provide information on any progress achieved in this regard.

Conventions Nos 100 and 111 – Application in practice

Enforcement. Convention No. 100. While awaiting the measures to be taken as a result of the adoption of the new Labour Code, the Committee requests the Government to continue providing information on any cases of wage discrimination between women and men recorded by labour inspectors, brought to their knowledge or dealt with by the courts.

Specialized body. Conventions Nos 100 and 111.Emphasizing that the draft Decree establishing the missions and rules for the organization and operation of the National Observatory on Discrimination at Work (ONDT), as envisaged by Act No. 2022-03, had already been finalized when it examined the matter in 2018, the Committee expresses the firm hope that the Decree will be adopted in the very near future and requests the Government to provide information on any progress in this respect.

Statistics. Conventions Nos 100 and 111. The Committee recalls that appropriate data and statistics are crucial in determining the nature, extent and causes of discrimination in order to set priorities and design appropriate measures, monitor the impact of such measures and make any necessary adjustments (see the 2012 General Survey, para. 891). It notes that the CEDAW welcomed the efforts made by the Government to develop a national index of gender equality, but expressed concern that disaggregated statistical data is not available concerning violence against women, harmful practices, gender stereotypes, education, employment and economic empowerment. It recommended the Government to urgently develop the national index of gender equality and to strengthen its efforts to enhance the systematic collection, dissemination and analysis of data related to women’s rights, disaggregated by sex, age, ethnicity, religion, geographical location, disability and socio-economic context (CEDAW/C/SEN/CO/8, paras 16(c), 39(d), 43 and 44). The Committee requests the Government to provide information on any progress achieved in the development of the national index of gender equality or any other system for the collection and compilation of data on employment, disaggregated insofar as possible by sex, economic sector and occupation, including statistics on the pay received by men and women.