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

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.

The Committee notes the observations of the Workers’ Confederation of Comoros (CTTC), received on 26 July 2025.

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

Articles 1, 2 and 3(b). Prohibited grounds of discrimination and scope of application.Legislation. The Committee welcomes the recognition, in the Government’s report, of the need to insert an explicit reference to national extraction in section 44(b) of the Labour Code in order to harmonize the provisions of sections 2 and 44(b), and observes that it undertakes to adopt the necessary legislative measures. The Committee notes that the Government has not replied to the other questions raised in its previous comments, in particular those concerning the fact that the General Public Service Regulations omit grounds of discrimination on the basis of colour, social origin and national extraction, and that, unlike the Labour Code – which is applicable to the private sector –, they do not provide for protection against discrimination on the basis of HIV status. The Committee hopes that these legislative amendments will be adopted in the near future. It requests the Government to contemplate amending the General Public Service Regulations in order to: (i) insert a clear and complete definition of discrimination which covers direct and indirect discrimination at all stages of employment and occupation, and, as a minimum, all the grounds of discrimination listed in Article 1(1)(a) of the Convention; and (ii) harmonize the protection provided for public officials against discrimination on the basis of HIV status with the protection for private sector workers established by the Labour Code.

Articles 1 to 3. National policy on equality of opportunity and treatment in employment and occupation. HIV status.The Committee once again requests the Government to provide information on the steps taken to effectively combat discrimination on the basis of real or perceived HIV status, including training and awareness-raising measures relating to the provisions of the Labour Code on this matter.

Recruitment in the public service. The Committee notes the observations of the CTTC that recruitment to the public service does not comply with established provisions and involves procedures that lack transparency. The CTTC also indicates that the entities provided for by the General Public Service Regulations, such as the Higher Public Service Council, the Joint Committee responsible for disciplinary matters, and the Medical Council, are not operational. The Committee requests the Government to take steps to ensure that recruitment procedures in the public service respect the principle of equality of opportunity established by the Convention, and also to make appeal procedures available for use in cases of discrimination.

Discrimination on the basis of sex. The Committee notes that, according to the Decent Work Country Programme (DWCP) 2024–26, women are particularly disadvantaged in terms of access to employment opportunities, occupying 32.5 per cent of jobs in the formal economy and 41.9 per cent in the informal economy. Among its strategic priorities and outcomes, the DWCP sets as its objective that women, among other population groups, should benefit from decent and productive employment opportunities (outcome 4.2). The Committee also notes that the 2023 Country Gender Profile published by the African Development Bank Group refers to the low level of education, qualifications and employability of women, the stereotypical orientation of their fields of activity, which is reinforced by their reproductive activities, and the perception of women’s role in the private sphere as being limited to care and domestic tasks. The Committee requests the Government to provide information on the measures taken, particularly in the context of the DWCP 2024–26, to remove obstacles to women’s participation in employment and different occupations, such as low levels of education or qualifications and stereotypes and prejudices regarding the professional abilities and aspirations of girls and women. As the Government’s report does not say anything on this point, the Committee again urges the Government to consider extending the benefit of section 133 of the Labour Code on the right to leave for mothers of children under 15 years of age to fathers, in order to ensure that such leave is granted to male and female workers concerned on an equal basis and does not implicitly perpetuate gender stereotypes.

Sexual harassment. The Committee notes that the CTTC in its observations denounces sexual harassment in the public service. In this regard, the Committee notes that the Government’s report does not provide information on: (1) the application in practice of the provisions of the Labour Code on sexual harassment; and (2) the absence of such provisions in the General Public Service Regulations. According to publicly available information, in 2020 section 309 of the Penal Code was amended to prohibit sexual harassment, defined as “the act of harassing another person with the use of threats or coercion aimed at obtaining sexual favours by a person abusing the authority conferred on them by their position”. While noting this progress, the Committee emphasizes that, when it comes to punishing sexual harassment in the workplace, criminal law provisions alone are often inadequate in practice, in particular because: (1) they are unlikely to cover all forms of behaviour that constitute sexual harassment, particularly the most subtle or ambiguous acts; (2) the burden of proof is more difficult to meet, as the prosecution must prove guilt beyond reasonable doubt, in accordance with the presumption of innocence; and (3) they do not always provide for compensation for the victim, as criminal law is primarily aimed at punishing the perpetrator. The Committee once again requests the Government to provide information on the application in practice of legislation against sexual harassment, in particular measures taken to: (i) prevent sexual harassment (such as awareness-raising campaigns or training aimed at informing workers, employers and the general public about the legislation and identifying such behaviour); and (ii) promote preventive measures by employers, in accordance with section 2 of the Labour Code. The Committee also requests the Government to provide information on: (i) the number of cases of sexual harassment reported or detected and the penalties imposed; and (ii) the measures planned to adopt provisions, beyond criminal law, which protect persons in permanent employment in the public administration against sexual harassment, in the absence of relevant provisions in the General Public Service Regulations.

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

Articles 1 to 3. Application of the principle of equal remuneration. Private sector. The Committee notes that the Government does not provide information on measures taken to raise awareness of the provisions of the Labour Code relating to equal pay, such as guidance or awareness-raising for workers, employers, labour inspectors, magistrates and other officials. The Committee observes in this regard that the CTTC indicates that no provision has been made for the initial or further training of labour inspectors to enable them to effectively enforce section 104 of the Labour Code. The Committee requests the Government to take measures to raise awareness of section 104 of the Labour Code and enforce it effectively, including by providing guidance, awareness-raising and training.

Public service. The Committee takes note of the observations of the CTTC that there are two salary scales in the civil service, which are applied in a discriminatory manner. The Government indicates that the General Public Service Regulations of the Union of the Comoros were promulgated by Decree No. 22-089/PR of 27 October 2022. Under sections 14 and 15, all public servants are entitled to remuneration for completed service, and the remuneration system is determined according to the index scale for each corps, in accordance with the conditions laid down by decree. The Government indicates that the implementing decree establishing the remuneration system and salary scales for public servants is currently being drafted. The Committee hopes that the decree will be adopted in the near future and that the salary scales will be established on the basis of objective criteria, such as qualifications, responsibilities, effort and working conditions, which do not favour either predominantly male or predominantly female occupations.

Collective agreements.The Committee once again requests the Government to indicate the measures taken to encourage the social partners to include in collective agreements recognition of the principle of equal remuneration for men and women for work of equal value and the methods for applying it.

Minimum wage. The Committee takes note of the observations of the CTTC indicating that the Government has not adopted the measures provided for in section 106 of the Labour Code relating to the minimum wage, or given effect to its request for a special session to examine the draft decree relating to the guaranteed interoccupational minimum wage (SMIG). The Committee once again requests the Government to provide information on any developments relating to the fixing of the SMIG. In this regard, the Committee refers the Government to its comments on the application of the Minimum Wage-Fixing Machinery Convention, 1928 (No. 26), and the Minimum Wage Fixing Machinery (Agriculture) Convention, 1951 (No. 99).

Conventions Nos 100 and 111 – Application in practice

Enforcement. Labour inspection and the courts. The Committee notes the absence of information in this regard and recalls that enforcement mechanisms are a key element in guaranteeing the effectiveness of the Conventions in practice. The Committee therefore once again requests the Government to provide detailed information on: (i) any cases of discrimination examined by the labour inspectorate or the courts; (ii) training activities offered to labour inspectors and magistrates to help them identify and deal with situations of discrimination on the basis of race, colour, sex, religion, political opinion, national extraction or social origin in employment or occupation; and (iii) awareness-raising activities on these issues for workers, employers and the general public.

Statistics.The Committee requests the Government to provide recent statistical information on the situation of men and women in employment and occupation in both the public and private sectors, and in particular on their respective levels of remuneration, and reminds the Government that it may avail itself of ILO technical assistance in this regard.

Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2025, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Article 1 of the Convention. Principle of equal remuneration for work of equal value in the private sector. The Committee noted that section 104 of the Labour Code provided for equal remuneration for work of equal value and requested the Government to take steps to raise awareness of these provisions of the Labour Code. The Committee notes that the report of the Government does not contain information in this regard. It therefore once again requests the Government to take steps to raise awareness of the provisions of the Labour Code stipulating equal remuneration for the same work or for work of equal value (section 104) and to arrange for training to raise awareness of this principle among workers, employers and their organizations and also among labour inspectors, judges and other officials responsible for enforcement of the provisions of the Labour Code.

Application of the principle in the public service. The Committee notes that the Government does not provide information on the application of the Convention in the public service. The Committee therefore once again requests the Government to indicate the pay scale applicable to the public service and to provide a copy of the decree establishing the system of remuneration for public officials provided for in section 14 of the Public Service Regulations. It also requests the Government to provide information on the manner in which the pay scale was established, stating whether it is based on objective criteria, such as responsibilities, effort and working conditions, which do not favour occupations held predominantly by men or predominantly by women.

Collective agreements. The Committee requested information on the application in practice of section 92(7) of the Labour Code, according to which collective agreements that may be extended must include provisions on the manner in which the principle of the Convention is to be applied. The Committee notes that the Government does not provide information in this regard. It therefore once again requests the Government to indicate the measures taken to encourage the social partners to include in collective agreements the principle of equal remuneration for men and women for work of equal value, as well as the clauses on the manner in which the principle is to be applied. It also requests the Government to provide extracts from collective agreements relating to remuneration.

Minimum wage. The Committee notes the Government’s indication that no decree fixing the guaranteed inter-occupational minimum wage (SMIG) has been adopted. The Committee recalls that the fixing of a national minimum wage is an important means of application of the Convention, given that women are predominant in low-paid jobs. The Committee therefore once again requests the Government to provide information on any developments relating to the fixing of the guaranteed inter-occupational minimum wage (SMIG). The Committee also refers to its comments on this point concerning the application of the Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) and the Minimum Wage Fixing Machinery (Agriculture) Convention, 1951 (No. 99).

Statistics. Evaluation of the pay gap. The Committee notes the Government’s indication that it plans to conduct, through the Office of the Commissioner General for Planning (CGP) and the Ministry of Labour, surveys on jobs held by men and those held by women. The Committee requests the Government: (i) to provide information on the conduct and outcome of these surveys; (ii) to take the necessary measures to collect and compile data disaggregated by sex on the labour market participation of men and women and their respective earnings, by sector of economic activity and occupation; and (iii) to provide this data.

Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2025, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. National extraction. Termination of employment. The Committee notes that the Government’s report does not provide information on this matter. The Committee therefore once again requests the Government to take the necessary measures to harmonize the provisions of sections 2 and 44(b) of the Labour Code by introducing “national extraction” in the list of unlawful reasons for termination of employment set out in section 44(b), with a view to preventing any legal uncertainty concerning grounds covered.

Discrimination based on sex. Sexual harassment. The Committee notes that the Government has not provided the information requested on the application in practice of legislation against sexual harassment. The Committee therefore requests the Government to provide information on: (i) the specific steps taken to prevent sexual harassment, such as campaigns to raise the awareness of employers and workers and training to inform them of the legislative provisions addressing sexual harassment and the identification of such behaviour, and (ii) the number and nature of the violations reported and detected and the penalties imposed. The Committee also requests the Government to indicate the manner in which it encourages employers to take the preventive measures set out in the Labour Code (section 2(2)) and to provide examples of such measures adopted at the enterprise level. The Government is asked again to provide information on the manner in which persons with permanent employment in public administration, who are excluded from the scope of application of the Labour Code, are protected against sexual harassment at work.

Article 1(1)(a) and (3). Prohibited grounds of discrimination. Protection against discrimination at all stages of employment and occupation. Public service. The Committee previously noted that section 5 of Act No. 04-006 of 10 November 2004, issuing the General Public Service Regulations, which prohibits discrimination, only applies to access to employment and omits the following grounds of discrimination: colour, social origin and national extraction. It also noted that section 10 of the General Public Service Regulations provides more generally that “no discrimination may be made between public workers on grounds of their gender or their political, trade union, philosophical or religious opinion”, thus omitting the same grounds of discrimination. Concerning the application of these provisions in practice, the Committee noted the allegations of the Confederation of Workers of Comoros (CTC) of discriminatory practices in the public service, including with regard to wages. With regard to this matter, the Committee notes that, in its report, the Government refers to section 10 of the General Public Service Regulations. The Committee reminds the Government that clear and comprehensive definitions of what constitutes discrimination in employment and occupation are instrumental in identifying and addressing the many manifestations in which it may occur (see General Survey of 2012 on the fundamental Conventions, paragraph 743). It therefore once again requests the Government to provide information on the measures adopted or envisaged to amend the General Public Service Regulations with a view to introducing a clear and comprehensive definition of discrimination which covers direct and indirect discrimination, all stages of employment and occupation and at least all of the grounds of discrimination listed in Article 1(1)(a) of the Convention. The Committee also requests the Government to provide information on the application in practice of the provisions of the General Public Service Regulations concerning discrimination, including information on any awareness-raising campaigns launched in the public sector, and on any cases reported or detected and the subsequent action taken in this regard).

Article 1(1)(b). Discrimination on the basis of HIV status. Private sector. In its previous comments, the Committee noted that section 2 of the Labour Code prohibits discrimination based on real or perceived health status, including in relation to HIV/AIDS, and noted the adoption of the National Strategic Plan to Combat HIV/AIDS (2011–15). It notes that the Government’s report does not contain information on the implementation in practice of this policy and legislative provisions. The Committee therefore once again requests the Government to provide information on the impact of the measures taken within the framework of the National Strategic Plan to Combat HIV/AIDS (2011–15), or of any other measures, to take effective action to combat discrimination on the basis of real or perceived HIV status, including measures to raise awareness on the provisions of the Labour Code on this matter and training for workers, employers, their respective organizations, labour inspectors and controllers and judges.

Public Service. Further to its request in this regard, the Committee notes that the Government’s report does not include information on the protection against discrimination on the basis of HIV status in the public service. It therefore once again requests the Government to consider the possibility of harmonizing the protection for public workers against discrimination (sections 5 and 10 of the General Public Service Regulations) with the protection afforded to private sector workers by the Labour Code (section 2).

Article 2. National policy. Equality of opportunity and treatment for men and women. In its previous comments, the Committee welcomed several initiatives aimed at promoting women’s employment, such as the 2007 National Policy on Gender Equity and Equality (PNEEG), the strategic focus on women’s employment within the 2014 National Employment Policy (PNE), and the adoption in 2013 of the Steering Plan for Women’s Entrepreneurship (PDEF). It noted, however, that, despite these commitments, the Decent Work Country Programme (DWCP 2015–19) still reported an unemployment rate of women twice as high as that of men. The Committee notes that the Government has not provided information in its report on this subject. The Committee therefore once again requests the Government to take specific steps to eliminate obstacles to the participation of women in employment and the various occupations, and particularly vocational guidance and training measures to combat stereotypes and prejudices regarding the capacities and vocational aspirations of girls and women and, more generally, to combat stereotypes and prejudices concerning their role in society, and to provide information on any measures adopted in this respect. It also requests the Government to provide specific information on the results of the evaluation of the PNEEG undertaken in 2016, on any follow-up measures taken and on the initiatives adopted in the context of the implementation of the DWCP 2015–2019 to promote equality for men and women in employment and occupation.

Entitlement to leave. The Committee notes that the Government has not provided information in response to its previous comment on this subject. The Committee therefore requests once again the Government to consider the possibility of extending the benefit of section 133 of the Labour Code on entitlement to leave for mothers with children under 15 years of age to fathers, so as to ensure that such leave is granted to the men and women workers concerned on an equal footing.

Equality of opportunities and treatment irrespective of race, colour, religion, political opinion, national extraction and social origin. The Committee reminded the Government that Article 2 of the Convention requires States which ratify the instrument to declare and pursue a national policy designed to promote, by methods appropriate to national conditions and practice, equality of opportunity and treatment in respect of employment and occupation, with a view to eliminating any discrimination in respect thereof. The Committee notes that the Government’s report does not contain information in this regard. The Committee therefore requests once again the Government to take steps to declare and pursue a national policy designed to promote equality in employment and occupation for all the categories of the population, irrespective of race, colour, religion, political opinion, national extraction or social origin.

General observation of 2018. With regard to the above issues, and in more general terms, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Article 3(d). Equality of opportunity. Recruitment to the public service The Committee requested the Government to respond to the observations of the CTC, which had alleged discrimination in recruitment to the public service and reported a lack of appropriate complaints procedures. The Committee notes that the Government has not responded to these allegations or provided information on recruitment to the public service. The Committee therefore once again asks the Government to provide information on: (i) the measures taken to ensure the effective application of the principle of equality of opportunity set out in the Convention in relation to recruitment to positions that are under the direct control of a national authority (public servants and others), (ii) the complaints procedures available in the event of allegations of discrimination, and (iii) the activities of the Higher Council of the Public Service and the Joint Committee in this respect. The Committee also requests the Government to provide data on personnel numbers in the public service, disaggregated by sex and by category, including the number of recruitments carried out each year.

Article 5. Special protection measures. In its previous comments, the Committee noted the Government’s indication that it envisaged adopting regulatory provisions limiting women’s employment and requested information in this regard. The Committee notes that the Government has not provided such information. It therefore once again requests the Government to provide information on the adoption, where appropriate, of regulatory provisions limiting or regulating women’s access to certain jobs.

Enforcement. Labour inspection and the courts. The Committee notes that the report does not contain information on the enforcement of legislation on discrimination. The Committee once again requests the Government to provide detailed information on any cases of discrimination dealt with by the labour inspection services or the courts, including any cases of sexual harassment, with an indication of the ground of discrimination relied upon, the remedial measures adopted, the penalties against those responsible for the discrimination and the compensation granted to the victims. Recalling the importance of the role of the labour inspection services in combating discrimination, the Committee asks the Government to encourage the labour inspection services to engage in awareness raising activities on discrimination issues, including sexual and psychological harassment, for workers, employers and their respective organizations.

Statistics. The Committee notes that the Government’s report does not contain statistical data and recalls that appropriate data and statistics are crucial in determining the nature, extent and causes of discrimination and unequal remuneration, to set priorities and design appropriate measures, to monitor and evaluate the impact of such measures, and make any necessary adjustments (see General Survey of 2012, paragraph 891). The Committee once again hopes that the Government will soon be in a position to provide recent statistical data on the situation of men and women in employment and occupation in the public and private sectors and reminds it of the possibility of availing itself of the technical assistance of the Office in this regard.

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1 of the Convention. Principle of equal remuneration for work of equal value in the private sector. The Committee noted that section 104 of the Labour Code provided for equal remuneration for work of equal value and requested the Government to take steps to raise awareness of these provisions of the Labour Code. The Committee notes that the report of the Government does not contain information in this regard. It therefore once again requests the Government to take steps to raise awareness of the provisions of the Labour Code stipulating equal remuneration for the same work or for work of equal value (section 104) and to arrange for training to raise awareness of this principle among workers, employers and their organizations and also among labour inspectors, judges and other officials responsible for enforcement of the provisions of the Labour Code.

Application of the principle in the public service. The Committee notes that the Government does not provide information on the application of the Convention in the public service. The Committee therefore once again requests the Government to indicate the pay scale applicable to the public service and to provide a copy of the decree establishing the system of remuneration for public officials provided for in section 14 of the Public Service Regulations. It also requests the Government to provide information on the manner in which the pay scale was established, stating whether it is based on objective criteria, such as responsibilities, effort and working conditions, which do not favour occupations held predominantly by men or predominantly by women.

Collective agreements. The Committee requested information on the application in practice of section 92(7) of the Labour Code, according to which collective agreements that may be extended must include provisions on the manner in which the principle of the Convention is to be applied. The Committee notes that the Government does not provide information in this regard. It therefore once again requests the Government to indicate the measures taken to encourage the social partners to include in collective agreements the principle of equal remuneration for men and women for work of equal value, as well as the clauses on the manner in which the principle is to be applied. It also requests the Government to provide extracts from collective agreements relating to remuneration.

Minimum wage. The Committee notes the Government’s indication that no decree fixing the guaranteed inter-occupational minimum wage (SMIG) has been adopted. The Committee recalls that the fixing of a national minimum wage is an important means of application of the Convention, given that women are predominant in low-paid jobs. The Committee therefore once again requests the Government to provide information on any developments relating to the fixing of the guaranteed inter-occupational minimum wage (SMIG). The Committee also refers to its comments on this point concerning the application of the Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) and the Minimum Wage Fixing Machinery (Agriculture) Convention, 1951 (No. 99).

Statistics. Evaluation of the pay gap. The Committee notes the Government’s indication that it plans to conduct, through the Office of the Commissioner General for Planning (CGP) and the Ministry of Labour, surveys on jobs held by men and those held by women. The Committee requests the Government: (i) to provide information on the conduct and outcome of these surveys; (ii) to take the necessary measures to collect and compile data disaggregated by sex on the labour market participation of men and women and their respective earnings, by sector of economic activity and occupation; and (iii) to provide this data.

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. National extraction. Termination of employment. The Committee notes that the Government’s report does not provide information on this matter. The Committee therefore once again requests the Government to take the necessary measures to harmonize the provisions of sections 2 and 44(b) of the Labour Code by introducing “national extraction” in the list of unlawful reasons for termination of employment set out in section 44(b), with a view to preventing any legal uncertainty concerning grounds covered.

Discrimination based on sex. Sexual harassment. The Committee notes that the Government has not provided the information requested on the application in practice of legislation against sexual harassment. The Committee therefore requests the Government to provide information on: (i) the specific steps taken to prevent sexual harassment, such as campaigns to raise the awareness of employers and workers and training to inform them of the legislative provisions addressing sexual harassment and the identification of such behaviour, and (ii) the number and nature of the violations reported and detected and the penalties imposed. The Committee also requests the Government to indicate the manner in which it encourages employers to take the preventive measures set out in the Labour Code (section 2(2)) and to provide examples of such measures adopted at the enterprise level. The Government is asked again to provide information on the manner in which persons with permanent employment in public administration, who are excluded from the scope of application of the Labour Code, are protected against sexual harassment at work.

Article 1(1)(a) and (3). Prohibited grounds of discrimination. Protection against discrimination at all stages of employment and occupation. Public service. The Committee previously noted that section 5 of Act No. 04-006 of 10 November 2004, issuing the General Public Service Regulations, which prohibits discrimination, only applies to access to employment and omits the following grounds of discrimination: colour, social origin and national extraction. It also noted that section 10 of the General Public Service Regulations provides more generally that “no discrimination may be made between public workers on grounds of their gender or their political, trade union, philosophical or religious opinion”, thus omitting the same grounds of discrimination. Concerning the application of these provisions in practice, the Committee noted the allegations of the Confederation of Workers of Comoros (CTC) of discriminatory practices in the public service, including with regard to wages. With regard to this matter, the Committee notes that, in its report, the Government refers to section 10 of the General Public Service Regulations. The Committee reminds the Government that clear and comprehensive definitions of what constitutes discrimination in employment and occupation are instrumental in identifying and addressing the many manifestations in which it may occur (see General Survey of 2012 on the fundamental Conventions, paragraph 743). It therefore once again requests the Government to provide information on the measures adopted or envisaged to amend the General Public Service Regulations with a view to introducing a clear and comprehensive definition of discrimination which covers direct and indirect discrimination, all stages of employment and occupation and at least all of the grounds of discrimination listed in Article 1(1)(a) of the Convention. The Committee also requests the Government to provide information on the application in practice of the provisions of the General Public Service Regulations concerning discrimination, including information on any awareness-raising campaigns launched in the public sector, and on any cases reported or detected and the subsequent action taken in this regard).

Article 1(1)(b). Discrimination on the basis of HIV status. Private sector. In its previous comments, the Committee noted that section 2 of the Labour Code prohibits discrimination based on real or perceived health status, including in relation to HIV/AIDS, and noted the adoption of the National Strategic Plan to Combat HIV/AIDS (2011–15). It notes that the Government’s report does not contain information on the implementation in practice of this policy and legislative provisions. The Committee therefore once again requests the Government to provide information on the impact of the measures taken within the framework of the National Strategic Plan to Combat HIV/AIDS (2011–15), or of any other measures, to take effective action to combat discrimination on the basis of real or perceived HIV status, including measures to raise awareness on the provisions of the Labour Code on this matter and training for workers, employers, their respective organizations, labour inspectors and controllers and judges.

Public Service. Further to its request in this regard, the Committee notes that the Government’s report does not include information on the protection against discrimination on the basis of HIV status in the public service. It therefore once again requests the Government to consider the possibility of harmonizing the protection for public workers against discrimination (sections 5 and 10 of the General Public Service Regulations) with the protection afforded to private sector workers by the Labour Code (section 2).

Article 2. National policy. Equality of opportunity and treatment for men and women. In its previous comments, the Committee welcomed several initiatives aimed at promoting women’s employment, such as the 2007 National Policy on Gender Equity and Equality (PNEEG), the strategic focus on women’s employment within the 2014 National Employment Policy (PNE), and the adoption in 2013 of the Steering Plan for Women’s Entrepreneurship (PDEF). It noted, however, that, despite these commitments, the Decent Work Country Programme (DWCP 2015–19) still reported an unemployment rate of women twice as high as that of men. The Committee notes that the Government has not provided information in its report on this subject. The Committee therefore once again requests the Government to take specific steps to eliminate obstacles to the participation of women in employment and the various occupations, and particularly vocational guidance and training measures to combat stereotypes and prejudices regarding the capacities and vocational aspirations of girls and women and, more generally, to combat stereotypes and prejudices concerning their role in society, and to provide information on any measures adopted in this respect. It also requests the Government to provide specific information on the results of the evaluation of the PNEEG undertaken in 2016, on any follow-up measures taken and on the initiatives adopted in the context of the implementation of the DWCP 2015–2019 to promote equality for men and women in employment and occupation.

Entitlement to leave. The Committee notes that the Government has not provided information in response to its previous comment on this subject. The Committee therefore requests once again the Government to consider the possibility of extending the benefit of section 133 of the Labour Code on entitlement to leave for mothers with children under 15 years of age to fathers, so as to ensure that such leave is granted to the men and women workers concerned on an equal footing.

Equality of opportunities and treatment irrespective of race, colour, religion, political opinion, national extraction and social origin. The Committee reminded the Government that Article 2 of the Convention requires States which ratify the instrument to declare and pursue a national policy designed to promote, by methods appropriate to national conditions and practice, equality of opportunity and treatment in respect of employment and occupation, with a view to eliminating any discrimination in respect thereof. The Committee notes that the Government’s report does not contain information in this regard. The Committee therefore requests once again the Government to take steps to declare and pursue a national policy designed to promote equality in employment and occupation for all the categories of the population, irrespective of race, colour, religion, political opinion, national extraction or social origin.

General observation of 2018. With regard to the above issues, and in more general terms, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Article 3(d). Equality of opportunity. Recruitment to the public service The Committee requested the Government to respond to the observations of the CTC, which had alleged discrimination in recruitment to the public service and reported a lack of appropriate complaints procedures. The Committee notes that the Government has not responded to these allegations or provided information on recruitment to the public service. The Committee therefore once again asks the Government to provide information on: (i) the measures taken to ensure the effective application of the principle of equality of opportunity set out in the Convention in relation to recruitment to positions that are under the direct control of a national authority (public servants and others), (ii) the complaints procedures available in the event of allegations of discrimination, and (iii) the activities of the Higher Council of the Public Service and the Joint Committee in this respect. The Committee also requests the Government to provide data on personnel numbers in the public service, disaggregated by sex and by category, including the number of recruitments carried out each year.

Article 5. Special protection measures. In its previous comments, the Committee noted the Government’s indication that it envisaged adopting regulatory provisions limiting women’s employment and requested information in this regard. The Committee notes that the Government has not provided such information. It therefore once again requests the Government to provide information on the adoption, where appropriate, of regulatory provisions limiting or regulating women’s access to certain jobs.

Enforcement. Labour inspection and the courts. The Committee notes that the report does not contain information on the enforcement of legislation on discrimination. The Committee once again requests the Government to provide detailed information on any cases of discrimination dealt with by the labour inspection services or the courts, including any cases of sexual harassment, with an indication of the ground of discrimination relied upon, the remedial measures adopted, the penalties against those responsible for the discrimination and the compensation granted to the victims. Recalling the importance of the role of the labour inspection services in combating discrimination, the Committee asks the Government to encourage the labour inspection services to engage in awareness raising activities on discrimination issues, including sexual and psychological harassment, for workers, employers and their respective organizations.

Statistics. The Committee notes that the Government’s report does not contain statistical data and recalls that appropriate data and statistics are crucial in determining the nature, extent and causes of discrimination and unequal remuneration, to set priorities and design appropriate measures, to monitor and evaluate the impact of such measures, and make any necessary adjustments (see General Survey of 2012, paragraph 891). The Committee once again hopes that the Government will soon be in a position to provide recent statistical data on the situation of men and women in employment and occupation in the public and private sectors and reminds it of the possibility of availing itself of the technical assistance of the Office in this regard.

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1 of the Convention. Principle of equal remuneration for work of equal value in the private sector. The Committee noted that section 104 of the Labour Code provided for equal remuneration for work of equal value and requested the Government to take steps to raise awareness of these provisions of the Labour Code. The Committee notes that the report of the Government does not contain information in this regard.It therefore once again requests the Government to take steps to raise awareness of the provisions of the Labour Code stipulating equal remuneration for the same work or for work of equal value (section 104) and to arrange for training to raise awareness of this principle among workers, employers and their organizations and also among labour inspectors, judges and other officials responsible for enforcement of the provisions of the Labour Code.

Application of the principle in the public service. The Committee notes that the Government does not provide information on the application of the Convention in the public service.The Committee therefore once again requests the Government to indicate the pay scale applicable to the public service and to provide a copy of the decree establishing the system of remuneration for public officials provided for in section 14 of the Public Service Regulations. It also requests the Government to provide information on the manner in which the pay scale was established, stating whether it is based on objective criteria, such as responsibilities, effort and working conditions, which do not favour occupations held predominantly by men or predominantly by women.

Collective agreements.  The Committee requested information on the application in practice of section 92(7) of the Labour Code, according to which collective agreements that may be extended must include provisions on the manner in which the principle of the Convention is to be applied. The Committee notes that the Government does not provide information in this regard.It therefore once again requests the Government to indicate the measures taken to encourage the social partners to include in collective agreements the principle of equal remuneration for men and women for work of equal value, as well as the clauses on the manner in which the principle is to be applied. It also requests the Government to provide extracts from collective agreements relating to remuneration.

Minimum wage. The Committee notes the Government’s indication that no decree fixing the guaranteed inter-occupational minimum wage (SMIG) has been adopted. The Committee recalls that the fixing of a national minimum wage is an important means of application of the Convention, given that women are predominant in low-paid jobs.The Committee therefore once again requests the Government to provide information on any developments relating to the fixing of the guaranteed inter-occupational minimum wage (SMIG). The Committee also refers to its comments on this point concerning the application of the Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) and the Minimum Wage Fixing Machinery (Agriculture) Convention, 1951 (No. 99).

Statistics. Evaluation of the pay gap. The Committee notes the Government’s indication that it plans to conduct, through the Office of the Commissioner General for Planning (CGP) and the Ministry of Labour, surveys on jobs held by men and those held by women.The Committee requests the Government: (i) to provide information on the conduct and outcome of these surveys; (ii) to take the necessary measures to collect and compile data disaggregated by sex on the labour market participation of men and women and their respective earnings, by sector of economic activity and occupation; and (iii)to provide this data.

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. National extraction. Termination of employment. The Committee notes that the Government’s report does not provide information on this matter.The Committee therefore once again requests the Government to take the necessary measures to harmonize the provisions of sections 2 and 44(b) of the Labour Code by introducing “national extraction” in the list of unlawful reasons for termination of employment set out in section 44(b), with a view to preventing any legal uncertainty concerning grounds covered.

Discrimination based on sex. Sexual harassment. The Committee notes that the Government has not provided the information requested on the application in practice of legislation against sexual harassment.The Committee therefore requests the Government to provide information on: (i) the specific steps taken to prevent sexual harassment, such as campaigns to raise the awareness of employers and workers and training to inform them of the legislative provisions addressing sexual harassment and the identification of such behaviour, and (ii) the number and nature of the violations reported and detected and the penalties imposed. The Committee also requests the Government to indicate the manner in which it encourages employers to take the preventive measures set out in the Labour Code (section 2(2)) and to provide examples of such measures adopted at the enterprise level. The Government is asked again to provide information on the manner in which persons with permanent employment in public administration, who are excluded from the scope of application of the Labour Code, are protected against sexual harassment at work.

Article 1(1)(a) and (3). Prohibited grounds of discrimination. Protection against discrimination at all stages of employment and occupation. Public service. The Committee previously noted that section 5 of Act No. 04-006 of 10 November 2004, issuing the General Public Service Regulations, which prohibits discrimination, only applies to access to employment and omits the following grounds of discrimination: colour, social origin and national extraction. It also noted that section 10 of the General Public Service Regulations provides more generally that “no discrimination may be made between public workers on grounds of their gender or their political, trade union, philosophical or religious opinion”, thus omitting the same grounds of discrimination. Concerning the application of these provisions in practice, the Committee noted the allegations of the Confederation of Workers of Comoros (CTC) of discriminatory practices in the public service, including with regard to wages. With regard to this matter, the Committee notes that, in its report, the Government refers to section 10 of the General Public Service Regulations. The Committee reminds the Government that clear and comprehensive definitions of what constitutes discrimination in employment and occupation are instrumental in identifying and addressing the many manifestations in which it may occur (see General Survey of 2012 on the fundamental Conventions, paragraph 743).It therefore once again requests the Government to provide information on the measures adopted or envisaged to amend the General Public Service Regulations with a view to introducing a clear and comprehensive definition of discrimination which covers direct and indirect discrimination, all stages of employment and occupation and at least all of the grounds of discrimination listed in Article 1(1)(a) of the Convention. The Committee also requests the Government to provide information on the application in practice of the provisions of the General Public Service Regulations concerning discrimination, including information on any awareness-raising campaigns launched in the public sector, and on any cases reported or detected and the subsequent action taken in this regard).

Article 1(1)(b). Discrimination on the basis of HIV status. Private sector. In its previous comments, the Committee noted that section 2 of the Labour Code prohibits discrimination based on real or perceived health status, including in relation to HIV/AIDS, and noted the adoption of the National Strategic Plan to Combat HIV/AIDS (2011–15). It notes that the Government’s report does not contain information on the implementation in practice of this policy and legislative provisions.The Committee therefore once again requests the Government to provide information on the impact of the measures taken within the framework of the National Strategic Plan to Combat HIV/AIDS (2011–15), or of any other measures, to take effective action to combat discrimination on the basis of real or perceived HIV status, including measures to raise awareness on the provisions of the Labour Code on this matter and training for workers, employers, their respective organizations, labour inspectors and controllers and judges.

Public Service. Further to its request in this regard, the Committee notes that the Government’s report does not include information on the protection against discrimination on the basis of HIV status in the public service.It therefore once again requests the Government to consider the possibility of harmonizing the protection for public workers against discrimination (sections 5 and 10 of the General Public Service Regulations) with the protection afforded to private sector workers by the Labour Code (section 2).

Article 2. National policy. Equality of opportunity and treatment for men and women. In its previous comments, the Committee welcomed several initiatives aimed at promoting women’s employment, such as the 2007 National Policy on Gender Equity and Equality (PNEEG), the strategic focus on women’s employment within the 2014 National Employment Policy (PNE), and the adoption in 2013 of the Steering Plan for Women’s Entrepreneurship (PDEF). It noted, however, that, despite these commitments, the Decent Work Country Programme (DWCP 2015–2019) still reported an unemployment rate of women twice as high as that of men. The Committee notes that the Government has not provided information in its report on this subject.The Committee therefore once again requests the Government to take specific steps to eliminate obstacles to the participation of women in employment and the various occupations, and particularly vocational guidance and training measures to combat stereotypes and prejudices regarding the capacities and vocational aspirations of girls and women and, more generally, to combat stereotypes and prejudices concerning their role in society, and to provide information on any measures adopted in this respect. It also requests the Government to provide specific information on the results of the evaluation of the PNEEG undertaken in 2016, on any follow-up measures taken and on the initiatives adopted in the context of the implementation of the DWCP 2015–2019 to promote equality for men and women in employment and occupation.

Entitlement to leave. The Committee notes that the Government has not provided information in response to its previous comment on this subject.The Committee therefore requests once again the Government to consider the possibility of extending the benefit of section 133 of the Labour Code on entitlement to leave for mothers with children under 15 years of age to fathers, so as to ensure that such leave is granted to the men and women workers concerned on an equal footing.

Equality of opportunities and treatment irrespective of race, colour, religion, political opinion, national extraction and social origin. The Committee reminded the Government that Article 2 of the Convention requires States which ratify the instrument to declare and pursue a national policy designed to promote, by methods appropriate to national conditions and practice, equality of opportunity and treatment in respect of employment and occupation, with a view to eliminating any discrimination in respect thereof. The Committee notes that the Government’s report does not contain information in this regard.The Committee therefore requests once again the Government to take steps to declare and pursue a national policy designed to promote equality in employment and occupation for all the categories of the population, irrespective of race, colour, religion, political opinion, national extraction or social origin.

General observation of 2018. With regard to the above issues, and in more general terms, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Article 3(d). Equality of opportunity. Recruitment to the public service The Committee requested the Government to respond to the observations of the CTC, which had alleged discrimination in recruitment to the public service and reported a lack of appropriate complaints procedures. The Committee notes that the Government has not responded to these allegations or provided information on recruitment to the public service.The Committee therefore once again asks the Government to provide information on: (i) the measures taken to ensure the effective application of the principle of equality of opportunity set out in the Convention in relation to recruitment to positions that are under the direct control of a national authority (public servants and others), (ii) the complaints procedures available in the event of allegations of discrimination, and (iii) the activities of the Higher Council of the Public Service and the Joint Committee in this respect. The Committee also requests the Government to provide data on personnel numbers in the public service, disaggregated by sex and by category, including the number of recruitments carried out each year.

Article 5. Special protection measures. In its previous comments, the Committee noted the Government’s indication that it envisaged adopting regulatory provisions limiting women’s employment and requested information in this regard. The Committee notes that the Government has not provided such information.It therefore once again requests the Government to provide information on the adoption, where appropriate, of regulatory provisions limiting or regulating women’s access to certain jobs.

Enforcement. Labour inspection and the courts. The Committee notes that the report does not contain information on the enforcement of legislation on discrimination.The Committee once again requests the Government to provide detailed information on any cases of discrimination dealt with by the labour inspection services or the courts, including any cases of sexual harassment, with an indication of the ground of discrimination relied upon, the remedial measures adopted, the penalties against those responsible for the discrimination and the compensation granted to the victims. Recalling the importance of the role of the labour inspection services in combating discrimination, the Committee asks the Government to encourage the labour inspection services to engage in awareness raising activities on discrimination issues, including sexual and psychological harassment, for workers, employers and their respective organizations.

Statistics. The Committee notes that the Government’s report does not contain statistical data and recalls that appropriate data and statistics are crucial in determining the nature, extent and causes of discrimination and unequal remuneration, to set priorities and design appropriate measures, to monitor and evaluate the impact of such measures, and make any necessary adjustments (see General Survey of 2012, paragraph 891).The Committee once again hopes that the Government will soon be in a position to provide recent statistical data on the situation of men and women in employment and occupation in the public and private sectors, and reminds it of the possibility of availing itself of the technical assistance of the Office in this regard.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Article 1 of the Convention. Principle of equal remuneration for work of equal value in the private sector. The Committee noted that section 104 of the Labour Code provided for equal remuneration for work of equal value and requested the Government to take steps to raise awareness of these provisions of the Labour Code. The Committee notes that the report of the Government does not contain information in this regard. It therefore once again requests the Government to take steps to raise awareness of the provisions of the Labour Code stipulating equal remuneration for the same work or for work of equal value (section 104) and to arrange for training to raise awareness of this principle among workers, employers and their organizations and also among labour inspectors, judges and other officials responsible for enforcement of the provisions of the Labour Code.

Application of the principle in the public service. The Committee notes that the Government does not provide information on the application of the Convention in the public service. The Committee therefore once again requests the Government to indicate the pay scale applicable to the public service and to provide a copy of the decree establishing the system of remuneration for public officials provided for in section 14 of the Public Service Regulations. It also requests the Government to provide information on the manner in which the pay scale was established, stating whether it is based on objective criteria, such as responsibilities, effort and working conditions, which do not favour occupations held predominantly by men or predominantly by women.

Collective agreements.  The Committee requested information on the application in practice of section 92(7) of the Labour Code, according to which collective agreements that may be extended must include provisions on the manner in which the principle of the Convention is to be applied. The Committee notes that the Government does not provide information in this regard. It therefore once again requests the Government to indicate the measures taken to encourage the social partners to include in collective agreements the principle of equal remuneration for men and women for work of equal value, as well as the clauses on the manner in which the principle is to be applied. It also requests the Government to provide extracts from collective agreements relating to remuneration.

Minimum wage. The Committee notes the Government’s indication that no decree fixing the guaranteed inter-occupational minimum wage (SMIG) has been adopted. The Committee recalls that the fixing of a national minimum wage is an important means of application of the Convention, given that women are predominant in low-paid jobs. The Committee therefore once again requests the Government to provide information on any developments relating to the fixing of the guaranteed inter-occupational minimum wage (SMIG). The Committee also refers to its comments on this point concerning the application of the Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) and the Minimum Wage Fixing Machinery (Agriculture) Convention, 1951 (No. 99).

Statistics. Evaluation of the pay gap. The Committee notes the Government’s indication that it plans to conduct, through the Office of the Commissioner General for Planning (CGP) and the Ministry of Labour, surveys on jobs held by men and those held by women. The Committee requests the Government: (i) to provide information on the conduct and outcome of these surveys; (ii) to take the necessary measures to collect and compile data disaggregated by sex on the labour market participation of men and women and their respective earnings, by sector of economic activity and occupation; and (iii)to provide this data.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. National extraction. Termination of employment. The Committee notes that the Government’s report does not provide information on this matter. The Committee therefore once again requests the Government to take the necessary measures to harmonize the provisions of sections 2 and 44(b) of the Labour Code by introducing “national extraction” in the list of unlawful reasons for termination of employment set out in section 44(b), with a view to preventing any legal uncertainty concerning grounds covered.

Discrimination based on sex. Sexual harassment. The Committee notes that the Government has not provided the information requested on the application in practice of legislation against sexual harassment. The Committee therefore requests the Government to provide information on: (i) the specific steps taken to prevent sexual harassment, such as campaigns to raise the awareness of employers and workers and training to inform them of the legislative provisions addressing sexual harassment and the identification of such behaviour, and (ii) the number and nature of the violations reported and detected and the penalties imposed. The Committee also requests the Government to indicate the manner in which it encourages employers to take the preventive measures set out in the Labour Code (section 2(2)) and to provide examples of such measures adopted at the enterprise level. The Government is asked again to provide information on the manner in which persons with permanent employment in public administration, who are excluded from the scope of application of the Labour Code, are protected against sexual harassment at work.

Article 1(1)(a) and (3). Prohibited grounds of discrimination. Protection against discrimination at all stages of employment and occupation. Public service. The Committee previously noted that section 5 of Act No. 04-006 of 10 November 2004, issuing the General Public Service Regulations, which prohibits discrimination, only applies to access to employment and omits the following grounds of discrimination: colour, social origin and national extraction. It also noted that section 10 of the General Public Service Regulations provides more generally that “no discrimination may be made between public workers on grounds of their gender or their political, trade union, philosophical or religious opinion”, thus omitting the same grounds of discrimination. Concerning the application of these provisions in practice, the Committee noted the allegations of the Confederation of Workers of Comoros (CTC) of discriminatory practices in the public service, including with regard to wages. With regard to this matter, the Committee notes that, in its report, the Government refers to section 10 of the General Public Service Regulations. The Committee reminds the Government that clear and comprehensive definitions of what constitutes discrimination in employment and occupation are instrumental in identifying and addressing the many manifestations in which it may occur (see General Survey of 2012 on the fundamental Conventions, paragraph 743). It therefore once again requests the Government to provide information on the measures adopted or envisaged to amend the General Public Service Regulations with a view to introducing a clear and comprehensive definition of discrimination which covers direct and indirect discrimination, all stages of employment and occupation and at least all of the grounds of discrimination listed in Article 1(1)(a) of the Convention. The Committee also requests the Government to provide information on the application in practice of the provisions of the General Public Service Regulations concerning discrimination, including information on any awareness-raising campaigns launched in the public sector, and on any cases reported or detected and the subsequent action taken in this regard).

Article 1(1)(b). Discrimination on the basis of HIV status. Private sector. In its previous comments, the Committee noted that section 2 of the Labour Code prohibits discrimination based on real or perceived health status, including in relation to HIV/AIDS, and noted the adoption of the National Strategic Plan to Combat HIV/AIDS (2011–15). It notes that the Government’s report does not contain information on the implementation in practice of this policy and legislative provisions. The Committee therefore once again requests the Government to provide information on the impact of the measures taken within the framework of the National Strategic Plan to Combat HIV/AIDS (2011–15), or of any other measures, to take effective action to combat discrimination on the basis of real or perceived HIV status, including measures to raise awareness on the provisions of the Labour Code on this matter and training for workers, employers, their respective organizations, labour inspectors and controllers and judges.

Public Service. Further to its request in this regard, the Committee notes that the Government’s report does not include information on the protection against discrimination on the basis of HIV status in the public service. It therefore once again requests the Government to consider the possibility of harmonizing the protection for public workers against discrimination (sections 5 and 10 of the General Public Service Regulations) with the protection afforded to private sector workers by the Labour Code (section 2).

Article 2. National policy. Equality of opportunity and treatment for men and women. In its previous comments, the Committee welcomed several initiatives aimed at promoting women’s employment, such as the 2007 National Policy on Gender Equity and Equality (PNEEG), the strategic focus on women’s employment within the 2014 National Employment Policy (PNE), and the adoption in 2013 of the Steering Plan for Women’s Entrepreneurship (PDEF). It noted, however, that, despite these commitments, the Decent Work Country Programme (DWCP 2015 – 2019) still reported an unemployment rate of women twice as high as that of men. The Committee notes that the Government has not provided information in its report on this subject. The Committee therefore once again requests the Government to take specific steps to eliminate obstacles to the participation of women in employment and the various occupations, and particularly vocational guidance and training measures to combat stereotypes and prejudices regarding the capacities and vocational aspirations of girls and women and, more generally, to combat stereotypes and prejudices concerning their role in society, and to provide information on any measures adopted in this respect. It also requests the Government to provide specific information on the results of the evaluation of the PNEEG undertaken in 2016, on any follow-up measures taken and on the initiatives adopted in the context of the implementation of the DWCP 2015–2019 to promote equality for men and women in employment and occupation.

Entitlement to leave. The Committee notes that the Government has not provided information in response to its previous comment on this subject. The Committee therefore requests once again the Government to consider the possibility of extending the benefit of section 133 of the Labour Code on entitlement to leave for mothers with children under 15 years of age to fathers, so as to ensure that such leave is granted to the men and women workers concerned on an equal footing.

Equality of opportunities and treatment irrespective of race, colour, religion, political opinion, national extraction and social origin. The Committee reminded the Government that Article 2 of the Convention requires States which ratify the instrument to declare and pursue a national policy designed to promote, by methods appropriate to national conditions and practice, equality of opportunity and treatment in respect of employment and occupation, with a view to eliminating any discrimination in respect thereof. The Committee notes that the Government’s report does not contain information in this regard. The Committee therefore requests once again the Government to take steps to declare and pursue a national policy designed to promote equality in employment and occupation for all the categories of the population, irrespective of race, colour, religion, political opinion, national extraction or social origin.

General observation of 2018. With regard to the above issues, and in more general terms, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Article 3(d). Equality of opportunity. Recruitment to the public service The Committee requested the Government to respond to the observations of the CTC, which had alleged discrimination in recruitment to the public service and reported a lack of appropriate complaints procedures. The Committee notes that the Government has not responded to these allegations or provided information on recruitment to the public service. The Committee therefore once again asks the Government to provide information on: (i) the measures taken to ensure the effective application of the principle of equality of opportunity set out in the Convention in relation to recruitment to positions that are under the direct control of a national authority (public servants and others), (ii) the complaints procedures available in the event of allegations of discrimination, and (iii) the activities of the Higher Council of the Public Service and the Joint Committee in this respect. The Committee also requests the Government to provide data on personnel numbers in the public service, disaggregated by sex and by category, including the number of recruitments carried out each year.

Article 5. Special protection measures. In its previous comments, the Committee noted the Government’s indication that it envisaged adopting regulatory provisions limiting women’s employment and requested information in this regard. The Committee notes that the Government has not provided such information. It therefore once again requests the Government to provide information on the adoption, where appropriate, of regulatory provisions limiting or regulating women’s access to certain jobs.

Enforcement. Labour inspection and the courts. The Committee notes that the report does not contain information on the enforcement of legislation on discrimination. The Committee once again requests the Government to provide detailed information on any cases of discrimination dealt with by the labour inspection services or the courts, including any cases of sexual harassment, with an indication of the ground of discrimination relied upon, the remedial measures adopted, the penalties against those responsible for the discrimination and the compensation granted to the victims. Recalling the importance of the role of the labour inspection services in combating discrimination, the Committee asks the Government to encourage the labour inspection services to engage in awareness raising activities on discrimination issues, including sexual and psychological harassment, for workers, employers and their respective organizations.

Statistics. The Committee notes that the Government’s report does not contain statistical data and recalls that appropriate data and statistics are crucial in determining the nature, extent and causes of discrimination and unequal remuneration, to set priorities and design appropriate measures, to monitor and evaluate the impact of such measures, and make any necessary adjustments (see General Survey of 2012, paragraph 891). The Committee once again hopes that the Government will soon be in a position to provide recent statistical data on the situation of men and women in employment and occupation in the public and private sectors, and reminds it of the possibility of availing itself of the technical assistance of the Office in this regard.

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

The Committee notes the observations made by the Workers’ Confederation of Comoros (CTC), received on 1 August 2017 and forwarded to the Government on 6 September 2017.

Article 1 of the Convention. Principle of equal remuneration for work of equal value in the private sector. The Committee notes that the CTC reaffirms that there is no pay scale in the private sector. The Committee recalls that to apply the Convention it is necessary to examine the issue of equality at two levels: first, at the level of the job (is the work of equal value?); and, second, at the level of the remuneration (is the pay received by women and men equal?). The Committee also recalls that section 104 of the Labour Code explicitly provides for equal remuneration for the same work or work of equal value. The concept of “work of equal value” is fundamental for enabling a broad scope of comparison between different jobs or types of work. It also enables a comparison not only of the same or similar work but also of work done by women and men which is of an entirely different nature but nevertheless of equal value as is often the case. This allows to take account of the fact that, in practice, certain jobs and occupations are held predominantly by women and others by men. Comparing the relative value of jobs in occupations which may involve different types of skills, responsibilities or working conditions, but which are nevertheless of equal value overall, is essential in order to eliminate pay discrimination resulting from the failure to recognize without gender bias the value of work performed by women and men. For example, the principle of equal pay for men and women for work of equal value has been applied in some countries to compare the remuneration received by men and women engaged in different occupations, such as wardens in sheltered accommodation for the elderly (predominantly women) and security guards in office premises (predominantly men); or school meal supervisors (predominantly women) and garden and park supervisors (predominantly men). The concept of “equal value” implies the adoption of a method making it possible to measure and compare the relative value of the different jobs considered. While the Convention does not prescribe any specific method for such an examination, Article 3 does presuppose the use of appropriate techniques for objective job evaluation, comparing factors such as skill, effort, responsibilities and working conditions. The Committee once again requests the Government to take steps to raise awareness of the provisions of the Labour Code stipulating equal remuneration for the same work or for work of equal value (section 104) and to arrange for training to raise awareness of this principle among workers, employers and their organizations and also among labour inspectors, judges and other officials responsible for enforcement of the provisions of the Labour Code.

Application of the principle in the public service. The Committee notes the CTC’s indication that there is discrimination in the public service in that two different pay scales are applied in the same administration: an old scale dating from the 1960s and a new scale which has been in force since April 2009. The CTC points out that the new scale supersedes the old one but that both scales are applied, thereby creating inequalities in terms of pay. The union also claims that young agents are recruited as contractual staff paid at a flat rate which does not correspond to any pay scale and that they are the victims of discriminatory treatment since they perform the same tasks as regular staff. The Committee wishes to recall that the Convention is only concerned with the elimination of gender pay gaps. The application of a pay scale in which occupations predominantly held by women (such as secretary) have been undervalued by comparison with occupations predominantly held by men (such as driver) may have a discriminatory effect and give rise to pay disparities for men and women for work of equal value, even if the pay scale is applicable to all officials regardless of sex. It is therefore important that the applicable pay scale has been established on the basis of objective criteria such as skill, responsibility, effort and working conditions, which contain no gender bias with regard to occupations in which either men or women predominate. The Committee also recalls that it is important to ensure that both men and women have equal access in practice to additional emoluments, such as allowances or benefits. While it is aware of the persistent problem of the late payment of wages and wage arrears of public employees emphasized in its last observation on the Protection of Wages Convention, 1949 (No. 95), the Committee requests the Government to indicate the pay scale applicable to the public service and to provide information on the manner in which it has been established, including the method and criteria used. The Committee also requests the Government to indicate the steps taken to ensure that jobs mainly held by women have not been undervalued and to provide a copy of the decree establishing the system of remuneration for public officials, including the applicable salary scale, as provided for in section 14 of the Public Service Regulations.

Collective agreements. The Committee recalls that section 92(7) of the Labour Code provides that “collective agreements [which may be extended] shall include provisions on the modalities of the application of the principle of equal remuneration for men and women for work of equal value”. Noting that the Government’s report still does not contain any information on collective agreements, the Committee once again requests the Government to indicate the measures taken to encourage the social partners to include in collective agreements the principle of equal remuneration for men and women for work of equal value, and the modalities of its application, and to provide extracts of relevant collective agreements.

Minimum wage. The Committee notes the Government’s indication that the draft decree concerning the guaranteed inter-occupational minimum wage (SMIG) has still not been adopted. The Committee recalls once again that a uniform national minimum wage system helps to raise the earnings of the lowest-paid workers and therefore has an impact on reducing the gender pay gap, since women usually predominate in low-wage employment. The Committee once again expresses the hope that the Government will soon be in a position to report on the adoption of the decree on the SMIG, and requests the Government to provide information on the role of the Labour and Employment Advisory Council (CCTE) and employers’ and workers’ organizations in this regard.

Statistics. Evaluation of the pay gap. The Committee once again encourages the Government to take the necessary steps for the compilation of data on the number of men and women in the various employment categories and their respective earnings in the public and private sectors, and requests it to provide these data when they are available.

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

The Committee notes the observations of the Confederation of Workers of Comoros (CTC), received on 31 August 2017, alleging the existence of discriminatory practices and the absence of competition for recruitment in the public service. It recalls that observations were also made by the CTC in 2016 on the lack of a wage scale in the private and parastatal sectors, on the one hand, and the discriminatory application of two different wage scales in the public service, on the other, and notes that the Government has not provided comments on this subject. The Committee therefore asks the Government to provide its comments on all the points raised by the CTC in 2016 and 2017 concerning the public service.

Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. National extraction. Termination of employment. The Committee recalls that the unlawful grounds for termination of employment set out in section 44(b) of the Labour Code do not include “national extraction”, even though section 2 of the Labour Code “prohibits any employer from taking into consideration […] national extraction […] as a basis for decisions in relation to recruitment, terms and conditions of employment, training, further training, remuneration, disciplinary measures and termination of employment, and any other form of discrimination”. While noting that the Government reaffirms its commitment to inserting the ground of “national extraction” in the texts issued under the Labour Code, which will be devoted to unlawful termination of employment, the Committee asks it to take the necessary measures to harmonize the provisions of sections 2 and 44(b) of the Labour Code on the occasion of a future revision of the Labour Code, by introducing “national extraction” in the list of unlawful reasons for termination of employment set out in section 44(b), with a view to preventing any legal uncertainty. The Government is asked to provide information on any measures taken for this purpose.

Discrimination based on sex. Sexual harassment. The Committee recalls that sexual harassment is defined and prohibited by section 2(2) of the Labour Code, which also provides that the “employer shall take all the necessary measures to prevent acts of sexual harassment”. In its previous comments, the Committee asked the Government to provide information on the manner in which the provisions of the Labour Code (section 2(2) and 2(3)) and the Penal Code (section 294) addressing sexual harassment were applied in practice by labour inspectors and magistrates, including information on the number and the nature of the violations reported and detected, investigations conducted, prosecutions initiated, sanctions imposed and compensation awarded. The Committee notes that the Government’s report does not contain information on sexual harassment at work. The Committee considers that the prohibition by law of sexual harassment is an important step in eliminating such behaviour. However, it recalls that it is important to take practical measures for its effective prevention, detection and punishment. The Committee asks the Government to provide information on the specific steps taken at the national level to prevent sexual harassment, such as campaigns to raise the awareness of employers and workers and training to inform them of the legislative provisions addressing sexual harassment and the identification of such behaviour, including information on the number and nature of the violations reported and detected and the penalties imposed. The Committee also asks the Government to indicate the manner in which it encourages employers to take the preventive measures set out in the Labour Code (section 2(2)) and to provide examples of such measures adopted at the enterprise level. The Government is also asked to provide information on the manner in which persons with permanent employment in public administration (public servants and others), who are excluded from the scope of application of the Labour Code, are protected against sexual harassment at work.

Article 1(1)(a) and (3). Prohibited grounds of discrimination. Protection against discrimination at all stages of employment and occupation. Public service. The Committee recalls that section 5 of the Public Service Regulations (Act No. 04 006 of 10 November 2004) provides for equality of opportunity “without distinction as to gender, religion, origin, race, political opinion, social position”, but only concerns access to public employment. Moreover, section 5 omits the following grounds of discrimination: colour, social origin and national extraction, which are enumerated in Article 1(1)(a) of the Convention. In its previous comments, the Committee asked the Government to consider the possibility of amending the Public Service Regulations so as to prohibit any discrimination based on all the grounds set out in the Convention, including colour, social origin and national extraction, at all stages of employment and occupation, within the meaning of the Convention, and not only during recruitment, and to provide information on the measures adopted in this respect. The Committee notes that the Government’s report does not contain any information on this subject. It recalls that the Convention prohibits discrimination in employment and occupation and that, under the terms of Article 1(3) of the Convention, the terms “employment” and “occupation” include, not only access to employment and to particular occupations, but also terms and conditions of employment, which include promotion, security of tenure of employment (termination of employment), remuneration, conditions of work (including hours of work), rest periods, annual holidays with pay, occupational safety and health measures, as well as social security measures and welfare facilities and benefits provided in connection with employment, in accordance with Paragraph 2(b)(iii) to (vi) of the Discrimination (Employment and Occupation) Recommendation, 1958 (No. 111).

The Committee asks the Government to provide information on the measures adopted or envisaged to amend the General Public Service Regulations with a view to ensuring the protection of public employees against any discrimination on the basis of all the grounds set out in the Convention, including colour, social origin and national extraction, at all stages of employment and occupation, within the meaning of the Convention (not only during recruitment), and to provide information on the measures adopted in this respect.

Article 1(1)(b). Discrimination on the basis of HIV status. The Committee recalls that a National Strategic Plan to Combat HIV/AIDS (2011–15), one of the objectives of which is to combat stigmatization and discrimination against persons living with HIV, was drawn up with ILO support and adopted by the Government. Noting that, despite its request, the Government’s report does not contain any information on the implementation of the National Strategic Plan to Combat HIV/AIDS (2011–15), the Committee once again asks the Government to provide information on the specific steps taken, in this context or otherwise, to take effective action to combat discrimination on the basis of HIV/AIDS status, including measures to raise awareness of the provisions of the Labour Code on this subject and training for workers, employers, their organizations, labour inspectors and controllers and magistrates.

Civil service. The Committee recalls that section 2 of the Labour Code prohibits any employer from taking into consideration real or perceived health status, including in relation to HIV/AIDS, when taking decisions in relation to employment. The Committee requests that the Government consider the possibility of harmonizing the protection for civil servants against discrimination established by the General Civil Service Regulations (section 5) with that afforded to private sector workers by the Labour Code (section 2), by extending protection to cover real or perceived health status, including HIV status.

Article 2. National policy. Equality of opportunity and treatment for men and women. In its previous observations, the Committee asked the Government to take the necessary steps to remove obstacles to the participation of women in employment and various occupations and to promote their access to credit and resources, including measures to combat stereotyping and prejudice towards women, and to provide information on any measures taken in this regard. It also asked the Government to provide information on the measures taken to implement the National Policy on Gender Equity and Equality (PNEEG) and the subregional gender policy and strategy of the Indian Ocean Commission adopted by the governments of the countries in the region in April 2009, or any other policy adopted more recently on this subject. The Committee further asked for information on the results achieved in relation to equality for men and women in employment and occupation. The Committee notes the Government’s indication in its report that plans of action for the implementation of the PNEEG were prepared in 2009 by sector and that an evaluation of the PNEEG was undertaken in May 2016. The Government specifies that initiatives have been adopted to reinforce and develop predominantly female economic activities and to promote the integration of women into various sectors. It adds that access to traditional bank credit is increasingly open to women entrepreneurs. The Committee also notes and welcomes the inclusion in the National Employment Policy, adopted in 2014, of a strategic focus entitled “Support for employment promotion for young persons and women” and the adoption in 2013 of the Steering Plan for Women’s Entrepreneurship (PDEF), which provides for financing mechanisms for women and measures to reinforce capacities for enterprise management, commerce and new technologies, from which 200 women have already benefited. The Committee notes that a new Decent Work Country Programme (DWCP) has been adopted for the period 2015–19. This records that, despite a very slight improvement, women are still experiencing an unemployment rate that is twice as high as that of men, irrespective of their educational level, and that they need to be encouraged to participate more fully in economic activities. The objectives of the DWCP include increasing opportunities for decent employment for women by focusing on technical and vocational training, and improving the governance of the labour market, with particular reference to aspects relating to equality for men and women. While welcoming the Government’s initiatives to promote women’s employment, the Committee once again asks the Government to take specific steps to eliminate obstacles to the participation of women in employment and the various occupations, and particularly vocational guidance and training measures to combat stereotypes and prejudices regarding the capacities and vocational aspirations of girls and women and, more generally, stereotypes and prejudices concerning their role in society, and to provide information on any measures adopted in this respect. The Government is also asked to provide detailed information on the results of the evaluation of the PNEEG undertaken in 2016, on any follow-up measures taken and on the initiatives adopted in the context of the implementation of the DWCP (2015–19) to promote equality for men and women in employment and occupation.

Entitlement to leave. The Committee recalls that section 133 of the new Labour Code provides that, unless there are more favourable provisions in collective agreements, working mothers with children under 15 years of age acquire entitlement to paid leave from the employer at the rate of at least three calendar days of effective service a year (instead of two-and-a-half days). The Government confirms that it has noted the Committee’s request to extend the benefit of section 133 to fathers of children under 15 years of age. With a view to promoting equality between men and women workers with family responsibilities and the sharing of such responsibilities, the Committee once again asks the Government to consider the possibility of extending the benefit of section 133 to working fathers with children under 15 years of age so as to ensure that such leave is granted to the men and women workers concerned on an equal footing.

Equality of opportunities and treatment irrespective of race, colour, religion, political opinion, national extraction and social origin. Since 2007, the Committee has been asking the Government to indicate the measures adopted or envisaged for the formulation and implementation of a national policy to ensure equality in employment and occupation for everyone, without distinction on the basis of race, colour, religion, political opinion, national extraction or social origin. The Committee notes that the Government’s report still does not contain information on this subject. It recalls that Article 2 of the Convention requires States which ratify the instrument to declare and pursue a national policy designed to promote, by methods appropriate to national conditions and practice, equality of opportunity and treatment in respect of employment and occupation, with a view to eliminating any discrimination in respect thereof. The Committee emphasizes in this regard that the implementation of a national equality policy presupposes the adoption of a range of specific measures, which often consist of a combination of legislative and administrative measures, collective agreements, public policies, affirmative action measures, dispute resolution and enforcement mechanisms, specialized bodies, practical programmes and awareness raising (see the 2012 General Survey on the fundamental Conventions, paragraphs 848–849). The Committee once again asks the Government to take steps to declare and pursue a national policy designed to promote equality in employment and occupation for all the categories of the population, without distinction on the basis of race, colour, religion, political opinion, national extraction or social origin.

Article 3(d). Equality of opportunity. Recruitment to the public service. The Committee notes that CTC reiterates its allegations of discrimination in recruitment to the public service and asserts that, contrary to the provisions of the law, no competitions are organized for recruitment to vacancies. The CTC also states that there is a lack of appropriate complaints procedures for victims and specifies that neither the Higher Council of the Public Service nor the Joint Committee have been established. In the absence of information in the Government’s report on the recruitment procedures in the public service in practice and in response to the observations of the CTC, the Committee once again asks the Government to provide information on the measures taken to ensure the effective application of the principle of equality of opportunity set out in the Convention in relation to recruitment to positions that are under the direct control of a national authority (public servants and others), and on the complaints procedures available in the event of allegations of discrimination, and the activities of the Higher Council of the Public Service and the Joint Committee in this respect. The Committee also asks the Government to provide statistical information on the composition of the staff of the public service (disaggregated by sex and category), including the number of persons recruited each year.

Article 5. Special protection measures. In its previous comments, the Committee asked the Government to ensure that regulations limiting the access of women to certain jobs, issued under the Labour Code, are not based on stereotypes regarding the professional abilities and role of women in society, and that they are strictly limited to maternity protection. Noting the Government’s indication in its report that it has taken note of this request, the Committee asks it to provide information on the adoption of any regulatory provisions limiting the access of women to certain jobs, or regulating such access.

Enforcement. Labour inspection services and the courts. The Committee notes the Government’s general indication that the labour inspection services have been notified of several cases of termination of employment on the basis of discrimination. The Committee asks the Government to provide detailed information on any cases of discrimination dealt with by the labour inspection services or the courts, including any cases of sexual harassment, with an indication of the basis of the discrimination, the remedial measures adopted, penalties against those responsible for the discrimination and the compensation granted to the victims. Recalling the importance of the role of the labour inspection services in combatting discrimination, the Committee asks the Government to encourage the labour inspection services to engage in awareness raising activities on discrimination issues, including sexual and psychological harassment, for workers, employers and their respective organizations.

Statistics. The Committee once again hopes that the Government will soon be in a position to provide recent statistical data on the situation of men and women in employment and occupation in the public and private sectors, and asks it to provide such statistics as soon as they are available.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1 of the Convention. Application of the principle of equal remuneration for work of equal value in the private sector. The Committee recalls that, the Workers Confederation of Comoros (CTC) emphasized that, the principle set out in the Convention was not respected in the private and semi public sectors, as there was no wage scale or indicator to which employers could refer. The Committee notes that the Government confines itself to indicating in its report that, even in the absence of a guaranteed interoccupational minimum wage (SMIG), the principle of equal remuneration for men and women for work of equal value is respected by employers. Recalling that the 2012 Labour Code incorporates the principle of equal remuneration for work of equal value (section 104), the Committee asks the Government to take measures to publicize the new provisions of the Labour Code and to consider the organization of training to raise awareness of the principle of equal remuneration for work of equal value among workers, employers and their organizations, as well as labour inspectors, judges and other officials responsible for enforcing the provisions of the Labour Code.

Collective agreements. The Committee recalls that section 92(7) of the Labour Code provides that “collective agreements [which may be extended] shall include provisions on the modalities of the application of the principle of equal remuneration for men and women for work of equal value”. In the absence of information in this respect, the Committee once again asks the Government to indicate the measures taken to encourage the social partners to include in collective agreements the principle of equal remuneration for men and women for work of equal value, and the modalities of its application, and to provide extracts of relevant collective agreements.

Application of the principle in the public service. The Committee recalls that “persons appointed to a permanent position in the public administration” are excluded from the scope of the Labour Code (section 1) and hence from the provisions of section 104, which provides for equal remuneration for work of equal value. The Committee notes that Act No. 04-006 of 10 November 2004 establishing the general conditions of service of public servants contains no provisions on equal remuneration for men and women for work of equal value. The Committee notes that, according to the Government, wage equality is enforced in the public sector through the existence of a wage scale based on qualifications, without distinction on grounds of gender, and the benefits are related to seniority and positions of responsibility. The Committee recalls that, despite the existence of wage scales that apply to all public servants, without distinction on grounds of gender, wage discrimination may result from criteria used to classify positions and the undervaluation of work carried out mainly by women, or from inequalities in the payment of certain wage supplements (allowances, benefits etc.). The Committee also notes that, according to the most recent data available (2005), women only represented 30 per cent of employees in the public service, the majority of whom were in category C, with only 21 per cent in category A. While it is aware of the persistent problem of the late payment of wages and wage arrears of public employees emphasized in its last observation on the Protection of Wages Convention, 1949 (No. 95), the Committee asks the Government to indicate the measures taken to ensure that the classification of positions and the wage scales applicable in the public sector are free from gender bias and that jobs held predominantly by women are not undervalued. The Committee also asks the Government to encourage the use of methods of job evaluation based on objective criteria, such as skills and qualifications, effort, responsibilities and working conditions. Please also provide a copy of the Decree establishing the public service pay system, and the applicable wage scale provided for in section 14 of the general conditions of service of public servants.

Minimum wage. The Committee notes the Government’s indication that the draft Decree on the SMIG is due to be examined by the Labour and Employment Advisory Council (CCTE). The Committee wishes to recall that often women predominate in low-wage employment and that a uniform national minimum wage system helps to raise the earnings of the lowest-paid workers. This system therefore has an impact on the relationship between the wages of men and women, and on reducing the gender pay gap. The Committee hopes that the Government will soon be in a position to report the adoption of the Decree on the SMIG, and asks the Government to provide information on the role of the CCTE and employers’ and workers’ organizations in this regard. Please also provide a copy of the Decree once it has been adopted, together with information on the measures taken to ensure that the SMIG is strictly applied.

Statistics. Evaluation of the pay gap. The Committee notes the Government’s indication that data on the positions and remuneration of public employees, disaggregated by gender, are not yet available and that a new data management system is currently being established. The Committee once again encourages the Government to take the necessary steps for the compilation of such data so as to allow an analysis of the positions and remuneration of men and women in the public service, including any other benefits, with a view to determining whether there are pay gaps and, if so, to take the necessary measures to eliminate them. Please also provide data on the number of men and women in the various employment categories and their respective earnings.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes the observations made by the Confederation of Workers of Comoros (CTC), received on 16 August 2016 and forwarded to the Government on 14 September 2016, stating that there is no wage scale in the private and parastatal sectors and that two different wage scales are implemented in a discriminatory manner in the public sector. The Committee requests the Government to provide its comments on the issues raised by the CTC and hopes that the next report will contain full information on the matters raised in its previous comments. The Committee notes however with regret that the Government’s report has not been received.

Repetition

Article 1 of the Convention. Prohibited grounds of discrimination. Dismissal. The Committee notes the Government’s indication that it undertakes to incorporate the ground of national extraction in the legal text implementing the Labour Code, which will deal with unlawful dismissal. While welcoming this commitment, the Committee requests the Government not to rule out the possibility, when the Labour Code is revised in future, of adding national extraction to the list of unlawful grounds of dismissal set forth in section 44 of the Labour Code in order to harmonize it with section 2 of the Labour Code prohibiting discrimination. The Government is also requested to provide information on any measures adopted to this end.

Prohibited grounds of discrimination. Public service. The Committee notes that section 5 of the Public Service Regulations, which provides for equal opportunities without any distinction made on the basis of gender, religion, origin, race, political opinion or social status, is only concerned with access to posts in the public sector and does not cover all the grounds listed in Article 1(1)(a) of the Convention. The Committee requests the Government to contemplate the possibility of amending the General Public Service Regulations in order to prohibit all discrimination on all the grounds listed by the Convention, including colour, social origin and national extraction, at all stages of employment and occupation within the meaning of the Convention, and not just at the stage of recruitment, and to provide information on the measures taken towards this end.

Sexual harassment. The Committee notes that the Government recalls the legislative framework applicable to sexual harassment in the workplace (sections 2(2) and 2(3) of the Labour Code and section 294 of the Penal Code). The Committee requests the Government to provide information on the manner in which these provisions are applied in practice by labour inspectors or magistrates. Please indicate the number and nature of violations reported and detected, investigations conducted, prosecutions initiated, convictions and penalties imposed, and remedies provided, and provide copies of any judicial decisions. Please also provide information on the measures taken by employers to prevent sexual harassment in the workplace pursuant to section 2(2) of the Labour Code.

Article 1(1)(b). Discrimination on the basis of HIV status. The Committee notes with interest the Government’s indications that a National Strategic Plan to Combat HIV/AIDS (2011–15), one of the objectives of which is to combat stigmatization and discrimination towards persons living with HIV, has been drawn up with ILO support and adopted by the Government. The Committee requests the Government to provide information on the measures taken to implement the National Strategic Plan and to combat discrimination on the basis of HIV/AIDS status, including measures to raise awareness of the relevant provisions of the Labour Code and training measures for workers, employers and their organizations, labour inspectors and controllers, and magistrates.

The Committee notes that section 2 of the Labour Code prohibits employers from taking into consideration real or perceived health status, particularly HIV/AIDS, when making decisions. The Committee requests the Government to contemplate the possibility of harmonizing the protection for public servants against discrimination, as established by the General Public Service Regulations (section 5), with that provided for private sector workers, by extending it to cover a person’s real or perceived state of health, including HIV/AIDS status.

Gender equality. Entitlement to leave. The Committee recalls that section 133 of the new Labour Code provides that, unless there are more favourable provisions in collective agreements, working mothers with children under 15 years of age acquire the right to leave paid by the employer, amounting to at least three calendar days of actual service per year (instead of two-and-a-half days). The Government indicates that it has noted the Committee’s request to extend section 133 to fathers with children under the age of 15. With a view to promoting equality between men and women workers with family responsibilities and the sharing of such responsibilities, the Committee once again requests the Government to envisage the possibility of extending this provision to working fathers of children under 15 years of age, so that such leave is granted to the men and women workers concerned on an equal footing.

Equality of opportunity and treatment. Public service. The Committee recalls the allegations made by the Confederation of Workers of Comoros (CTC) in 2013 to the effect that recruitment in the public service depends on how close the candidate is to persons in authority and on other considerations. The Government indicates in its report that Act No. 04-006/A.U of 10 November 2004 issuing the General Public Service Regulations provides for equality of opportunity. The Committee requests the Government to indicate how it is ensured in practice that recruitment in the public service is not discriminatory.

Article 5. Special measures of protection. The Committee requests the Government to ensure, in the context of the preparation of regulations concerning work prohibited for women, 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 maternity protection. The Government is also requested once again to provide information on the consultations held with employers’ and workers’ organizations on this matter and to provide any regulations as soon as they are adopted.

Enforcement. In its previous comment, the Committee noted the observations from the Confederation of Workers of Comoros (CTC) emphasizing the absence of any appropriate procedures for lodging a complaint in the event of discrimination in employment and occupation, both in the private and public sectors, and stating that the labour inspectorate and the courts had not dealt with any cases of discrimination. The Government indicates that only a few cases of dismissal involving discrimination have been referred to the labour inspectorate and recalls that any worker who suffers discrimination must first refer the case to the labour inspectorate, as such cases are only referred to the courts where attempts at conciliation between the parties are unsuccessful. Recalling that a low number or total absence of complaints or cases of discrimination may be due to a lack of awareness of rights, a lack of confidence in available legal remedies, a lack of remedies altogether or difficulties of access to them in practice, or even fear of reprisals, the Committee requests the Government to provide information on the measures taken to ensure that workers who consider themselves victims of discrimination are able to have recourse to appeal mechanisms and to assert their rights effectively. The Government is requested to provide information on the following:

• (i) the number and nature of cases of discrimination based on one or more of the grounds specified by the Convention which have been handled by the labour inspectorate and the courts, with an indication of the grounds invoked and the outcome of the proceedings and copies of judgments;
• (ii) any preventive action taken in this area by labour inspectors for workers, employers and their organizations.

Statistics. The Committee notes the Government’s indications that the Directorate of Employment does not have up-to-date statistics, but that the opening of the “House of Employment” and the “1, 2, 3” survey conducted by the General Planning Commission should make it possible to provide the Committee with data on the situation of men and women engaged in the public and private sectors. The Committee trusts that the Government will soon be in a position to provide these data, which are indispensable for identifying any discrimination between men and women and assessing the impact of the measures taken to address it, and requests it to send this information as soon as it is available.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes the observations made by the Confederation of Workers of Comoros (CTC), received on 16 August 2016 and forwarded to the Government on 14 September 2016, stating that there is no wage scale in the private and parastatal sectors and that two different wage scales are implemented in a discriminatory manner in the public sector. The Committee requests the Government to provide its comments on the issues raised by the CTC and is therefore bound to repeat its previous comments.

The Committee notes however with regret that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Article 2 of the Convention. National policy. Equality of opportunity and treatment of men and women. The Committee notes that the Government recognizes in its report that significant measures are needed to improve the situation of women with regard to employment, education, literacy and vocational training, and that access to traditional bank credit is very difficult for women. The Committee also notes the concluding observations of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), which express concern at the persistence of attitudes based on patriarchal values and deep-rooted stereotyping with regard to the roles and responsibilities of women and men in the family and society (CEDAW/C/COM/CO/1-4, 8 November 2012, paragraphs 21–22). The Committee notes that the Government’s report does not contain any information on the National Policy on Gender Equity and Equality (PNEEG), adopted in 2008, or its plan of action. The Committee requests the Government to take the necessary steps to remove the obstacles to women’s participation in employment and the various occupations and to promote their access to credit and resources, including measures to combat stereotyping and prejudice towards women, and to provide information on any measures taken in this regard. The Government is also requested to provide information on the measures taken to implement the PNEEG and the subregional gender policy and strategy of the Indian Ocean Commission adopted by the governments of the countries of the region in April 2009, or any other policy adopted more recently on this matter, and the results achieved in employment and occupation.

Equality of opportunity and treatment irrespective of race, colour, religion, political opinion, national extraction and social origin. The Committee recalls that, under Article 2 of the Convention, member States that ratify the Convention undertake to declare and pursue a national policy designed to promote, by methods appropriate to national conditions and practice, equality of opportunity and treatment in respect of employment and occupation. It also recalls that the implementation of a national equality policy presupposes the adoption of a range of specific measures, which often consist of a combination of legislative and administrative measures, collective agreements, public policies, affirmative action measures, dispute resolution and enforcement mechanisms, specialized bodies, practical programmes and awareness raising (see General Survey on the fundamental Conventions, 2012, paragraphs 848–849). In the absence of information on this point, the Committee once again requests the Government to indicate the measures taken or contemplated to declare and pursue a national policy designed to promote equality for all in respect of employment and occupation, without any distinction made on the basis of race, colour, religion, political opinion, national extraction or social origin.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1 of the Convention. Application of the principle of equal remuneration for work of equal value in the private sector. The Committee recalls that, the Workers Confederation of Comoros (CTC) emphasized that, the principle set out in the Convention was not respected in the private and semi public sectors, as there was no wage scale or indicator to which employers could refer. The Committee notes that the Government confines itself to indicating in its report that, even in the absence of a guaranteed interoccupational minimum wage (SMIG), the principle of equal remuneration for men and women for work of equal value is respected by employers. Recalling that the 2012 Labour Code incorporates the principle of equal remuneration for work of equal value (section 104), the Committee asks the Government to take measures to publicize the new provisions of the Labour Code and to consider the organization of training to raise awareness of the principle of equal remuneration for work of equal value among workers, employers and their organizations, as well as labour inspectors, judges and other officials responsible for enforcing the provisions of the Labour Code.

Collective agreements. The Committee recalls that section 92(7) of the Labour Code provides that “collective agreements [which may be extended] shall include provisions on the modalities of the application of the principle of equal remuneration for men and women for work of equal value”. In the absence of information in this respect, the Committee once again asks the Government to indicate the measures taken to encourage the social partners to include in collective agreements the principle of equal remuneration for men and women for work of equal value, and the modalities of its application, and to provide extracts of relevant collective agreements.

Application of the principle in the public service. The Committee recalls that “persons appointed to a permanent position in the public administration” are excluded from the scope of the Labour Code (section 1) and hence from the provisions of section 104, which provides for equal remuneration for work of equal value. The Committee notes that Act No. 04-006 of 10 November 2004 establishing the general conditions of service of public servants contains no provisions on equal remuneration for men and women for work of equal value. The Committee notes that, according to the Government, wage equality is enforced in the public sector through the existence of a wage scale based on qualifications, without distinction on grounds of gender, and the benefits are related to seniority and positions of responsibility. The Committee recalls that, despite the existence of wage scales that apply to all public servants, without distinction on grounds of gender, wage discrimination may result from criteria used to classify positions and the undervaluation of work carried out mainly by women, or from inequalities in the payment of certain wage supplements (allowances, benefits etc.). The Committee also notes that, according to the most recent data available (2005), women only represented 30 per cent of employees in the public service, the majority of whom were in category C, with only 21 per cent in category A. While it is aware of the persistent problem of the late payment of wages and wage arrears of public employees emphasized in its 2011 observation on the Protection of Wages Convention, 1949 (No. 95), the Committee asks the Government to indicate the measures taken to ensure that the classification of positions and the wage scales applicable in the public sector are free from gender bias and that jobs held predominantly by women are not undervalued. The Committee also asks the Government to encourage the use of methods of job evaluation based on objective criteria, such as skills and qualifications, effort, responsibilities and working conditions. Please also provide a copy of the Decree establishing the public service pay system, and the applicable wage scale provided for in section 14 of the general conditions of service of public servants.

Minimum wage. The Committee notes the Government’s indication that the draft Decree on the SMIG is due to be examined by the Labour and Employment Advisory Council (CCTE). The Committee wishes to recall that often women predominate in low-wage employment and that a uniform national minimum wage system helps to raise the earnings of the lowest-paid workers. This system therefore has an impact on the relationship between the wages of men and women, and on reducing the gender pay gap. The Committee hopes that the Government will soon be in a position to report the adoption of the Decree on the SMIG, and asks the Government to provide information on the role of the CCTE and employers’ and workers’ organizations in this regard. Please also provide a copy of the Decree once it has been adopted, together with information on the measures taken to ensure that the SMIG is strictly applied.

Statistics. Evaluation of the pay gap. The Committee notes the Government’s indication that data on the positions and remuneration of public employees, disaggregated by gender, are not yet available and that a new data management system is currently being established. The Committee once again encourages the Government to take the necessary steps for the compilation of such data so as to allow an analysis of the positions and remuneration of men and women in the public service, including any other benefits, with a view to determining whether there are pay gaps and, if so, to take the necessary measures to eliminate them. Please also provide data on the number of men and women in the various employment categories and their respective earnings.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1 of the Convention. Prohibited grounds of discrimination. Dismissal. The Committee notes the Government’s indication that it undertakes to incorporate the ground of national extraction in the legal text implementing the Labour Code, which will deal with unlawful dismissal. While welcoming this commitment, the Committee requests the Government not to rule out the possibility, when the Labour Code is revised in future, of adding national extraction to the list of unlawful grounds of dismissal set forth in section 44 of the Labour Code in order to harmonize it with section 2 of the Labour Code prohibiting discrimination. The Government is also requested to provide information on any measures adopted to this end.

Prohibited grounds of discrimination. Public service. The Committee notes that section 5 of the Public Service Regulations, which provides for equal opportunities without any distinction made on the basis of gender, religion, origin, race, political opinion or social status, is only concerned with access to posts in the public sector and does not cover all the grounds listed in Article 1(1)(a) of the Convention. The Committee requests the Government to contemplate the possibility of amending the General Public Service Regulations in order to prohibit all discrimination on all the grounds listed by the Convention, including colour, social origin and national extraction, at all stages of employment and occupation within the meaning of the Convention, and not just at the stage of recruitment, and to provide information on the measures taken towards this end.

Sexual harassment. The Committee notes that the Government recalls the legislative framework applicable to sexual harassment in the workplace (sections 2(2) and 2(3) of the Labour Code and section 294 of the Penal Code). The Committee requests the Government to provide information on the manner in which these provisions are applied in practice by labour inspectors or magistrates. Please indicate the number and nature of violations reported and detected, investigations conducted, prosecutions initiated, convictions and penalties imposed, and remedies provided, and provide copies of any judicial decisions. Please also provide information on the measures taken by employers to prevent sexual harassment in the workplace pursuant to section 2(2) of the Labour Code.

Article 1(1)(b). Discrimination on the basis of HIV status. The Committee notes with interest the Government’s indications that a National Strategic Plan to Combat HIV/AIDS (2011–15), one of the objectives of which is to combat stigmatization and discrimination towards persons living with HIV, has been drawn up with ILO support and adopted by the Government. The Committee requests the Government to provide information on the measures taken to implement the National Strategic Plan and to combat discrimination on the basis of HIV/AIDS status, including measures to raise awareness of the relevant provisions of the Labour Code and training measures for workers, employers and their organizations, labour inspectors and controllers, and magistrates.

The Committee notes that section 2 of the Labour Code prohibits employers from taking into consideration real or perceived health status, particularly HIV/AIDS, when making decisions. The Committee requests the Government to contemplate the possibility of harmonizing the protection for public servants against discrimination, as established by the General Public Service Regulations (section 5), with that provided for private sector workers, by extending it to cover a person’s real or perceived state of health, including HIV/AIDS status.

Gender equality. Entitlement to leave. The Committee recalls that section 133 of the new Labour Code provides that, unless there are more favourable provisions in collective agreements, working mothers with children under 15 years of age acquire the right to leave paid by the employer, amounting to at least three calendar days of actual service per year (instead of two-and-a-half days). The Government indicates that it has noted the Committee’s request to extend section 133 to fathers with children under the age of 15. With a view to promoting equality between men and women workers with family responsibilities and the sharing of such responsibilities, the Committee once again requests the Government to envisage the possibility of extending this provision to working fathers of children under 15 years of age, so that such leave is granted to the men and women workers concerned on an equal footing.

Equality of opportunity and treatment. Public service. The Committee recalls the allegations made by the Confederation of Workers of Comoros (CTC) in 2013 to the effect that recruitment in the public service depends on how close the candidate is to persons in authority and on other considerations. The Government indicates in its report that Act No. 04-006/A.U of 10 November 2004 issuing the General Public Service Regulations provides for equality of opportunity. The Committee requests the Government to indicate how it is ensured in practice that recruitment in the public service is not discriminatory.

Article 5. Special measures of protection. The Committee requests the Government to ensure, in the context of the preparation of regulations concerning work prohibited for women, 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 maternity protection. The Government is also requested once again to provide information on the consultations held with employers’ and workers’ organizations on this matter and to provide any regulations as soon as they are adopted.

Enforcement. In its previous comment, the Committee noted the observations from the Confederation of Workers of Comoros (CTC) emphasizing the absence of any appropriate procedures for lodging a complaint in the event of discrimination in employment and occupation, both in the private and public sectors, and stating that the labour inspectorate and the courts had not dealt with any cases of discrimination. The Government indicates that only a few cases of dismissal involving discrimination have been referred to the labour inspectorate and recalls that any worker who suffers discrimination must first refer the case to the labour inspectorate, as such cases are only referred to the courts where attempts at conciliation between the parties are unsuccessful. Recalling that a low number or total absence of complaints or cases of discrimination may be due to a lack of awareness of rights, a lack of confidence in available legal remedies, a lack of remedies altogether or difficulties of access to them in practice, or even fear of reprisals, the Committee requests the Government to provide information on the measures taken to ensure that workers who consider themselves victims of discrimination are able to have recourse to appeal mechanisms and to assert their rights effectively. The Government is requested to provide information on the following:

• – the number and nature of cases of discrimination based on one or more of the grounds specified by the Convention which have been handled by the labour inspectorate and the courts, with an indication of the grounds invoked and the outcome of the proceedings and copies of judgments;
• – any preventive action taken in this area by labour inspectors for workers, employers and their organizations.

Statistics. The Committee notes the Government’s indications that the Directorate of Employment does not have up-to-date statistics, but that the opening of the “House of Employment” and the “1, 2, 3” survey conducted by the General Planning Commission should make it possible to provide the Committee with data on the situation of men and women engaged in the public and private sectors. The Committee trusts that the Government will soon be in a position to provide these data, which are indispensable for identifying any discrimination between men and women and assessing the impact of the measures taken to address it, and requests it to send this information as soon as it is available.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 2 of the Convention. National policy. Equality of opportunity and treatment of men and women. The Committee notes that the Government recognizes in its report that significant measures are needed to improve the situation of women with regard to employment, education, literacy and vocational training, and that access to traditional bank credit is very difficult for women. The Committee also notes the concluding observations of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), which express concern at the persistence of attitudes based on patriarchal values and deep-rooted stereotyping with regard to the roles and responsibilities of women and men in the family and society (CEDAW/C/COM/CO/1-4, 8 November 2012, paragraphs 21–22). The Committee notes that the Government’s report does not contain any information on the National Policy on Gender Equity and Equality (PNEEG), adopted in 2008, or its plan of action. The Committee requests the Government to take the necessary steps to remove the obstacles to women’s participation in employment and the various occupations and to promote their access to credit and resources, including measures to combat stereotyping and prejudice towards women, and to provide information on any measures taken in this regard. The Government is also requested to provide information on the measures taken to implement the PNEEG and the subregional gender policy and strategy of the Indian Ocean Commission adopted by the governments of the countries of the region in April 2009, or any other policy adopted more recently on this matter, and the results achieved in employment and occupation.

Equality of opportunity and treatment irrespective of race, colour, religion, political opinion, national extraction and social origin. The Committee recalls that, under Article 2 of the Convention, member States that ratify the Convention undertake to declare and pursue a national policy designed to promote, by methods appropriate to national conditions and practice, equality of opportunity and treatment in respect of employment and occupation. It also recalls that the implementation of a national equality policy presupposes the adoption of a range of specific measures, which often consist of a combination of legislative and administrative measures, collective agreements, public policies, affirmative action measures, dispute resolution and enforcement mechanisms, specialized bodies, practical programmes and awareness raising (see General Survey on the fundamental Conventions, 2012, paragraphs 848–849). In the absence of information on this point, the Committee once again requests the Government to indicate the measures taken or contemplated to declare and pursue a national policy designed to promote equality for all in respect of employment and occupation, without any distinction made on the basis of race, colour, religion, political opinion, national extraction or social origin.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

Article 1 of the Convention. Application of the principle of equal remuneration for work of equal value in the private sector. The Committee recalls that, the Workers Confederation of Comoros (CTC) emphasized that, the principle set out in the Convention was not respected in the private and semi public sectors, as there was no wage scale or indicator to which employers could refer. The Committee notes that the Government confines itself to indicating in its report that, even in the absence of a guaranteed interoccupational minimum wage (SMIG), the principle of equal remuneration for men and women for work of equal value is respected by employers. Recalling that the 2012 Labour Code incorporates the principle of equal remuneration for work of equal value (section 104), the Committee asks the Government to take measures to publicize the new provisions of the Labour Code and to consider the organization of training to raise awareness of the principle of equal remuneration for work of equal value among workers, employers and their organizations, as well as labour inspectors, judges and other officials responsible for enforcing the provisions of the Labour Code.

Collective agreements. The Committee recalls that section 92(7) of the Labour Code provides that “collective agreements [which may be extended] shall include provisions on the modalities of the application of the principle of equal remuneration for men and women for work of equal value”. In the absence of information in this respect, the Committee once again asks the Government to indicate the measures taken to encourage the social partners to include in collective agreements the principle of equal remuneration for men and women for work of equal value, and the modalities of its application, and to provide extracts of relevant collective agreements.

Application of the principle in the public service. The Committee recalls that “persons appointed to a permanent position in the public administration” are excluded from the scope of the Labour Code (section 1) and hence from the provisions of section 104, which provides for equal remuneration for work of equal value. The Committee notes that Act No. 04-006 of 10 November 2004 establishing the general conditions of service of public servants contains no provisions on equal remuneration for men and women for work of equal value. The Committee notes that, according to the Government, wage equality is enforced in the public sector through the existence of a wage scale based on qualifications, without distinction on grounds of gender, and the benefits are related to seniority and positions of responsibility. The Committee recalls that, despite the existence of wage scales that apply to all public servants, without distinction on grounds of gender, wage discrimination may result from criteria used to classify positions and the undervaluation of work carried out mainly by women, or from inequalities in the payment of certain wage supplements (allowances, benefits etc.). The Committee also notes that, according to the most recent data available (2005), women only represented 30 per cent of employees in the public service, the majority of whom were in category C, with only 21 per cent in category A. While it is aware of the persistent problem of the late payment of wages and wage arrears of public employees emphasized in its 2011 observation on the Protection of Wages Convention, 1949 (No. 95), the Committee asks the Government to indicate the measures taken to ensure that the classification of positions and the wage scales applicable in the public sector are free from gender bias and that jobs held predominantly by women are not undervalued. The Committee also asks the Government to encourage the use of methods of job evaluation based on objective criteria, such as skills and qualifications, effort, responsibilities and working conditions. Please also provide a copy of the Decree establishing the public service pay system, and the applicable wage scale provided for in section 14 of the general conditions of service of public servants.

Minimum wage. The Committee notes the Government’s indication that the draft Decree on the SMIG is due to be examined by the Labour and Employment Advisory Council (CCTE). The Committee wishes to recall that often women predominate in low-wage employment and that a uniform national minimum wage system helps to raise the earnings of the lowest-paid workers. This system therefore has an impact on the relationship between the wages of men and women, and on reducing the gender pay gap. The Committee hopes that the Government will soon be in a position to report the adoption of the Decree on the SMIG, and asks the Government to provide information on the role of the CCTE and employers’ and workers’ organizations in this regard. Please also provide a copy of the Decree once it has been adopted, together with information on the measures taken to ensure that the SMIG is strictly applied.

Statistics. Evaluation of the pay gap. The Committee notes the Government’s indication that data on the positions and remuneration of public employees, disaggregated by gender, are not yet available and that a new data management system is currently being established. The Committee once again encourages the Government to take the necessary steps for the compilation of such data so as to allow an analysis of the positions and remuneration of men and women in the public service, including any other benefits, with a view to determining whether there are pay gaps and, if so, to take the necessary measures to eliminate them. Please also provide data on the number of men and women in the various employment categories and their respective earnings.

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

Article 1 of the Convention. Prohibited grounds of discrimination. Dismissal. The Committee notes the Government’s indication that it undertakes to incorporate the ground of national extraction in the legal text implementing the Labour Code, which will deal with unlawful dismissal. While welcoming this commitment, the Committee requests the Government not to rule out the possibility, when the Labour Code is revised in future, of adding national extraction to the list of unlawful grounds of dismissal set forth in section 44 of the Labour Code in order to harmonize it with section 2 of the Labour Code prohibiting discrimination. The Government is also requested to provide information on any measures adopted to this end.

Prohibited grounds of discrimination. Public service. The Committee notes that section 5 of the Public Service Regulations, which provides for equal opportunities without any distinction made on the basis of gender, religion, origin, race, political opinion or social status, is only concerned with access to posts in the public sector and does not cover all the grounds listed in Article 1(1)(a) of the Convention. The Committee requests the Government to contemplate the possibility of amending the General Public Service Regulations in order to prohibit all discrimination on all the grounds listed by the Convention, including colour, social origin and national extraction, at all stages of employment and occupation within the meaning of the Convention, and not just at the stage of recruitment, and to provide information on the measures taken towards this end.

Sexual harassment. The Committee notes that the Government recalls the legislative framework applicable to sexual harassment in the workplace (sections 2(2) and 2(3) of the Labour Code and section 294 of the Penal Code). The Committee requests the Government to provide information on the manner in which these provisions are applied in practice by labour inspectors or magistrates. Please indicate the number and nature of violations reported and detected, investigations conducted, prosecutions initiated, convictions and penalties imposed, and remedies provided, and provide copies of any judicial decisions. Please also provide information on the measures taken by employers to prevent sexual harassment in the workplace pursuant to section 2(2) of the Labour Code.

Article 1(1)(b). Discrimination on the basis of HIV status. The Committee notes with interest the Government’s indications that a National Strategic Plan to Combat HIV/AIDS (2011–15), one of the objectives of which is to combat stigmatization and discrimination towards persons living with HIV, has been drawn up with ILO support and adopted by the Government. The Committee requests the Government to provide information on the measures taken to implement the National Strategic Plan and to combat discrimination on the basis of HIV/AIDS status, including measures to raise awareness of the relevant provisions of the Labour Code and training measures for workers, employers and their organizations, labour inspectors and controllers, and magistrates.

The Committee notes that section 2 of the Labour Code prohibits employers from taking into consideration real or perceived health status, particularly HIV/AIDS, when making decisions. The Committee requests the Government to contemplate the possibility of harmonizing the protection for public servants against discrimination, as established by the General Public Service Regulations (section 5), with that provided for private sector workers, by extending it to cover a person’s real or perceived state of health, including HIV/AIDS status.

Gender equality. Entitlement to leave. The Committee recalls that section 133 of the new Labour Code provides that, unless there are more favourable provisions in collective agreements, working mothers with children under 15 years of age acquire the right to leave paid by the employer, amounting to at least three calendar days of actual service per year (instead of two-and-a-half days). The Government indicates that it has noted the Committee’s request to extend section 133 to fathers with children under the age of 15. With a view to promoting equality between men and women workers with family responsibilities and the sharing of such responsibilities, the Committee once again requests the Government to envisage the possibility of extending this provision to working fathers of children under 15 years of age, so that such leave is granted to the men and women workers concerned on an equal footing.

Equality of opportunity and treatment. Public service. The Committee recalls the allegations made by the Confederation of Workers of Comoros (CTC) in 2013 to the effect that recruitment in the public service depends on how close the candidate is to persons in authority and on other considerations. The Government indicates in its report that Act No. 04-006/A.U of 10 November 2004 issuing the General Public Service Regulations provides for equality of opportunity. The Committee requests the Government to indicate how it is ensured in practice that recruitment in the public service is not discriminatory.

Article 5. Special measures of protection. The Committee requests the Government to ensure, in the context of the preparation of regulations concerning work prohibited for women, 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 maternity protection. The Government is also requested once again to provide information on the consultations held with employers’ and workers’ organizations on this matter and to provide any regulations as soon as they are adopted.

Enforcement. In its previous comment, the Committee noted the observations from the Confederation of Workers of Comoros (CTC) emphasizing the absence of any appropriate procedures for lodging a complaint in the event of discrimination in employment and occupation, both in the private and public sectors, and stating that the labour inspectorate and the courts had not dealt with any cases of discrimination. The Government indicates that only a few cases of dismissal involving discrimination have been referred to the labour inspectorate and recalls that any worker who suffers discrimination must first refer the case to the labour inspectorate, as such cases are only referred to the courts where attempts at conciliation between the parties are unsuccessful. Recalling that a low number or total absence of complaints or cases of discrimination may be due to a lack of awareness of rights, a lack of confidence in available legal remedies, a lack of remedies altogether or difficulties of access to them in practice, or even fear of reprisals, the Committee requests the Government to provide information on the measures taken to ensure that workers who consider themselves victims of discrimination are able to have recourse to appeal mechanisms and to assert their rights effectively. The Government is requested to provide information on the following:

• -the number and nature of cases of discrimination based on one or more of the grounds specified by the Convention which have been handled by the labour inspectorate and the courts, with an indication of the grounds invoked and the outcome of the proceedings and copies of judgments;
• -any preventive action taken in this area by labour inspectors for workers, employers and their organizations.

Statistics. The Committee notes the Government’s indications that the Directorate of Employment does not have up-to-date statistics, but that the opening of the “House of Employment” and the “1, 2, 3” survey conducted by the General Planning Commission should make it possible to provide the Committee with data on the situation of men and women engaged in the public and private sectors. The Committee trusts that the Government will soon be in a position to provide these data, which are indispensable for identifying any discrimination between men and women and assessing the impact of the measures taken to address it, and requests it to send this information as soon as it is available.

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

Article 2 of the Convention. National policy. Equality of opportunity and treatment of men and women. The Committee notes that the Government recognizes in its report that significant measures are needed to improve the situation of women with regard to employment, education, literacy and vocational training, and that access to traditional bank credit is very difficult for women. The Committee also notes the concluding observations of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), which express concern at the persistence of attitudes based on patriarchal values and deep-rooted stereotyping with regard to the roles and responsibilities of women and men in the family and society (CEDAW/C/COM/CO/1-4, 8 November 2012, paragraphs 21–22). The Committee notes that the Government’s report does not contain any information on the National Policy on Gender Equity and Equality (PNEEG), adopted in 2008, or its plan of action. The Committee requests the Government to take the necessary steps to remove the obstacles to women’s participation in employment and the various occupations and to promote their access to credit and resources, including measures to combat stereotyping and prejudice towards women, and to provide information on any measures taken in this regard. The Government is also requested to provide information on the measures taken to implement the PNEEG and the subregional gender policy and strategy of the Indian Ocean Commission adopted by the governments of the countries of the region in April 2009, or any other policy adopted more recently on this matter, and the results achieved in employment and occupation.

Equality of opportunity and treatment irrespective of race, colour, religion, political opinion, national extraction and social origin. The Committee recalls that, under Article 2 of the Convention, member States that ratify the Convention undertake to declare and pursue a national policy designed to promote, by methods appropriate to national conditions and practice, equality of opportunity and treatment in respect of employment and occupation. It also recalls that the implementation of a national equality policy presupposes the adoption of a range of specific measures, which often consist of a combination of legislative and administrative measures, collective agreements, public policies, affirmative action measures, dispute resolution and enforcement mechanisms, specialized bodies, practical programmes and awareness raising (see General Survey on the fundamental Conventions, 2012, paragraphs 848–849). In the absence of information on this point, the Committee once again requests the Government to indicate the measures taken or contemplated to declare and pursue a national policy designed to promote equality for all in respect of employment and occupation, without any distinction made on the basis of race, colour, religion, political opinion, national extraction or social origin.

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

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

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:

Repetition

In its previous comments, the Committee took note of observations from the Confederation of Workers of Comoros (CTC) received on 1 September 2011, in which the organization reported that the principle of equal remuneration between women and men in the private and parastatal sectors is far from being respected because there is no wage scale or indicator to which employers might refer. It noted that, according to the CTC, the Convention is applied only in the public sector. The CTC also pointed out that the draft Decree on the guaranteed interoccupational minimum wage (SMIG), in the process of being adopted for six years, had still not been passed and that, given the social and economic situation in the country, it was no longer valid and needed to be updated. The Committee invited the Government to send comments in reply to the CTC’s observations. The Committee notes that the Government’s report has not been received, but that a new Labour Code was adopted on 28 June 2012.

Equal remuneration for work of equal value. Workers excluded from the scope of the Labour Code. The Committee notes that, according to section 1 of the Labour Code, “persons appointed to a permanent post in a government department” are excluded from the scope of the Code and hence from the benefit of section 104, which provides for equal remuneration for work of equal value. Recalling that the Convention applies to all workers, the Committee asks the Government to indicate how it is ensured that the principle of equal remuneration for men and women for work of equal value established in the Convention is applied to workers who are excluded from the scope of the new Labour Code.

Application of the principle of equal remuneration for men and women for work of equal value. Legislation. Referring to its observation, the Committee notes that, unlike section 92(7) of the Labour Code, section 104, which lays down the principle of equal remuneration for work of equal value, lacks an express reference to the remuneration of men and women and so does not establish clearly what needs to be compared, that is, jobs done mainly by men with jobs done mainly by women. The Committee asks the Government to explain how section 104 of the Labour Code is applied in such a way as to implement the principle of equal remuneration for men and women for work of equal value and what comparisons are foreseen. Please provide information on any measures taken in this regard.

Objective job evaluation. In order to facilitate application of the principle of equal remuneration between men and women for work of equal value and to ascertain whether or not jobs done traditionally by women are undervalued in comparison with jobs done traditionally by men, the Committee asks the Government to indicate whether objective job evaluation is undertaken or envisaged in the public and private sectors and, if so, to specify the method and the evaluation criteria.

Minimum wage. In its previous comments, the Committee noted that the draft Decree on the SMIG had still not been adopted and that, according to the Comoros Employers’ Organization (OPACO), the body that concluded the agreement on the minimum wage, namely the Higher Council for Labour and Employment (CSTE), had not been convened and was therefore unable to relaunch the process to adopt the Decree. The Committee asks the Government to report on the status of the process to adopt the Decree on the SMIG, specifying the role of the CSTE. Please also provide a copy of the Decree as soon as it has been adopted, together with information on the measures taken to ensure that the SMIG is strictly applied as established.

Public sector. In its previous comments, the Committee noted that the statistical information provided by the Government on the numbers of men and women working in public service categories A, B and C in the General Treasury Department, did not allow an assessment of how far the Convention is applied in the public sector. It also noted that, according to OPACO, there are no statistics on pay for men and women in the public sector or on the distribution of men and women in the various categories of public sector jobs and posts. The Committee took note of the Government’s reply referring OPACO to its report. The Committee again encourages the Government to take the necessary steps to have such data compiled so as to allow an analysis of the posts and remuneration of men and women in the public sector, including any other benefits, with a view to determining whether there are remuneration gaps and, if so, taking the necessary steps to eliminate them.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes with regret 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:

Repetition

In its previous comments, the Committee noted the observations of 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 sectors. The CTC also stated that the labour inspection services and the courts had not dealt with any cases of discrimination. In conclusion, the CTC pointed to the absence of any texts implementing the Labour Code, more than 25 years after its adoption. The Committee asked the Government to respond to the CTC’s observations. It notes that the Government’s report has not been received, but that the new Labour Code was adopted on 28 June 2012.

Article 1 of the Convention. Prohibited grounds of discrimination. Dismissal. The Committee notes that, according to section 2 of the new Labour Code, the prohibition on discrimination by the employer on grounds of race, colour, sex, religion, political opinion, national extraction or social origin, or real or perceived state of health, including HIV/AIDS status, expressly covers dismissals. It observes, however, that the unlawful grounds of dismissal set forth at section 44, the list of which is broader in scope than that of section 2, do not include national extraction. In order to harmonize the provisions of section 44 of the Labour Code with those of section 2 of the Labour Code and with the Convention, the Committee asks the Government to envisage adding national extraction to the list of unlawful grounds of dismissal set forth in section 44.

Aspects of employment and occupation. The Committee notes that the prohibition on employers from taking into consideration specific grounds in taking their decisions now expressly includes “conditions of employment” and “any other form of discrimination” (section 2 of the Labour Code). The Committee requests the Government to specify the meaning and scope of the expression “any other form of discrimination” used in section 2 of the Labour Code.

Workers excluded from the scope of the Labour Code. The Committee notes that, according to section 1 of the new Labour Code, “persons appointed to a permanent management position in a government department” are excluded from the scope of the Labour Code. Recalling that the Convention applies to all workers, the Committee requests the Government to provide information on the protection of workers excluded from the scope of the new Labour Code against direct and indirect discrimination based on race, colour, sex, religion, political opinion, national extraction or social origin, or real or perceived state of health, including HIV status, both in law and in practice.

Article 2. Equality between men and women. Entitlement to leave. The Committee notes that section 133 of the new Labour Code provides that, unless there are more favourable provisions in collective agreements, working mothers with children under 15 years of age acquire the right to leave paid by the employer, amounting to at least three calendar days of actual service (instead of two-and-a-half days). With a view to promoting equality between men and women workers with family responsibilities and the sharing of such responsibilities, the Committee requests the Government to envisage the possibility of extending this provision to working fathers of children under 15 years of age, so that such leave is granted to the men and women workers concerned on an equal footing.

Parts III and IV of the report form. Enforcement. The Committee requests the Government to provide information on labour inspectors’ activities in the area of combating discrimination and promoting equality, including, for example, extracts of inspection reports, and to provide copies of any court decisions handed down on these matters. The Committee also asks the Government to provide specific information on the procedures available to men and women workers to assert their rights in the event of discrimination and on how they operate in practice.

Since the Government’s report has not been received, the Committee hopes that a report will be submitted for examination by the Committee at its next session and that it will contain information on the following points.

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 and 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 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 affirmative measures it may have taken to promote equal access for 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 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 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 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 exist. 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 are 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.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes the observations of the Confederation of Workers of Comoros (CTC) of 27 August 2013 reiterating its observations of 2011 regarding the absence of a minimum wage and wage scale for employers to determine the wages of their employees. The Committee asks the Government to provide its comments on the points raised by the CTC.

The Committee further notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

In its previous comments the Committee took note of observations of the Men and Women Workers Confederation of Comoros (CTC) received on 1 September 2011, in which the organization reported that the principle of equal remuneration between women and men in the private and parastatal sectors is not being respected because there is no wage scale or indicator to which employers might refer. The Committee invited the Government to send its comments on the matter. The Committee notes that the Government’s report has not been received but that a new Labour Code was adopted on 28 June 2012.

Equal remuneration for work of equal value. Legislation. In its earlier comments the Committee noted that section 97 of the Labour Code providing for equal wages regardless of the worker’s origin, sex, age or status “under equal working conditions, professional qualifications and output” did not give full effect to the Convention. The Committee notes that according to section 104 of the new Labour Code “all employers shall provide equal remuneration for the same work or for work of equal value”. It further notes that this provision contains a definition of “remuneration” that reflects that of Article 1(a) of the Convention. The Committee asks the Government to provide information on the application of section 104 of the Labour Code in practice. It encourages the Government to publicize the new provisions of the Labour Code and to consider the organization of training to raise awareness among workers and employers and their organizations, labour inspectors, judges and others involved in enforcing the Labour Code concerning the principle of equal remuneration for work of equal value.

Collective agreements. The Committee notes that section 92(7) of the new Labour Code provides that “collective agreements [which may be extended] must include provisions on the ways and means of applying the principle of equal remuneration for men and women for work of equal value”. The Committee asks the Government to provide information on the effect given in practice to section 92(7) of the new Labour Code. It also asks the Government to indicate the measures taken to encourage the social partners to include in collective agreements the principle of equal remuneration for men and women for work of equal value and the ways and means of applying it, and to provide extracts of relevant collective agreements.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes the observations of the Men and Women Workers Confederation of Comoros (CTC) of 27 August 2013, indicating that in the public service, although recruitment is to be undertaken, according to the legislation, through a competition process, in practice, recruitment decisions are based on how close the candidate is to politically powerful persons and on other considerations. With respect to the private sector, the CTC states that no one is able to determine how recruitment is undertaken or the criteria used for fixing wages or related benefits. The Committee asks the Government to provide its comments on the points raised by the CTC.

The Committee further notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes that the new Labour Code was adopted on 28 June 2012.

Article 1(1)(a) and (b) of the Convention. Definition of discrimination. Additional grounds of discrimination. ... The Committee asks the Government to provide information on steps taken to publicize the provisions of the Labour Code that ban discrimination based on real or perceived state of health, including HIV status, and to raise awareness of this matter among workers and employers and their organizations, labour inspectors, judges and other officials dealing with work-related matters. The Committee also asks the Government to provide information on the application in practice of section 2 of the new Labour Code prohibiting discrimination based on real or perceived state of health including HIV status, and section 71 prohibiting all discrimination based on real or perceived HIV status in practice, indicating any action taken by labour inspectors or any court decisions handed down on such matters.

Sexual harassment. ... The Committee requests the Government to take measures to publicize the new provisions of the Labour Code prohibiting sexual harassment, among workers and employers and their organizations, labour inspectors and judges, and to provide information on any measures taken to this end. It asks the Government to provide information on any instances of sexual harassment addressed by the competent authorities, including any relevant administrative or judicial decisions. It also asks the Government to indicate the measures taken by employers, pursuant to section 2.2 of the Labour Code, to prevent any acts of sexual harassment at the workplace. Furthermore, in order to facilitate application of the provisions prohibiting sexual harassment in practice, and in particular the identification of instances of quid pro quo harassment, the Committee requests the Government to envisage the possibility of supplementing the definition of sexual harassment so as to specify that there is harassment when the worker’s rejection of the behaviour concerned or the worker’s submission to such behaviour, is used explicitly or implicitly to take a decision affecting his or her work.

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

Equality of opportunity and treatment irrespective of race, colour, religion, political opinion, national extraction and social origin. ... The Committee once again requests the Government to indicate the measures taken or envisaged to elaborate and apply a national policy to promote equality of opportunity and treatment in employment and occupation, irrespective of race, colour, religion, political opinion, national extraction and social origin.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

In its previous comments the Committee took note of observations from the Confederation of Workers of Comoros (CTC) received on 1 September 2011, in which the organization reported that the principle of equal remuneration between women and men in the private and parastatal sectors is far from being respected because there is no wage scale or indicator to which employers might refer. It noted that, according to the CTC, the Convention is applied only in the public sector. The CTC also pointed out that the draft Decree on the guaranteed interoccupational minimum wage (SMIG), in the process of being adopted for six years, had still not been passed and that given the social and economic situation in the country, it was no longer valid and needed to be updated. The Committee invited the Government to send comments in reply to the CTC’s observations. The Committee notes that the Government’s report has not been received, but that a new Labour Code was adopted on 28 June 2012.

Equal remuneration for work of equal value. Workers excluded from the scope of the Labour Code The Committee notes that according to section 1 of the Labour Code “persons appointed to a permanent post in a government department” are excluded from the scope of the Code and hence from the benefit of section 104, which provides for equal remuneration for work of equal value. Recalling that the Convention applies to all workers, the Committee asks the Government to indicate how it is ensured that the principle of equal remuneration for men and women for work of equal value established in the Convention is applied to workers who are excluded from the scope of the new Labour Code.

Application of the principle of equal remuneration for men and women for work of equal value. Legislation. Referring to its observation, the Committee notes that, unlike section 92(7) of the Labour Code, section 104, which lays down the principle of equal remuneration for work of equal value, lacks an express reference to the remuneration of men and women and so does not establish clearly what needs to be compared, that is, jobs done mainly by men with jobs done mainly by women. The Committee asks the Government to explain how section 104 of the Labour Code is applied in such a way as to implement the principle of equal remuneration for men and women for work of equal value and what comparisons are foreseen. Please provide information on any measures taken in this regard.

Objective job evaluation. In order to facilitate application of the principle of equal remuneration between men and women for work of equal value and to ascertain whether or not jobs done traditionally by women are undervalued in comparison with jobs done traditionally by men, the Committee asks the Government to indicate whether objective job evaluation is undertaken or envisaged in the public and private sectors and, if so, to specify the method and the evaluation criteria.

Minimum wage. In its previous comments the Committee noted that the draft Decree on the SMIG had still not been adopted and that, according to the Comoros Employers’ Organization (OPACO), the body that concluded the agreement on the minimum wage, namely the Higher Council for Labour and Employment (CSTE), had not been convened and was therefore unable to relaunch the process to adopt the Decree. The Committee asks the Government to report on the status of the process to adopt the Decree on the SMIG, specifying the role of the CSTE. Please also provide a copy of the Decree as soon as it has been adopted, together with information on the measures taken to ensure that the SMIG is strictly applied as established.

Public sector. In its previous comments the Committee noted that the statistical information provided by the Government on the numbers of men and women working in public service categories A, B and C in the General Treasury Department, did not allow an assessment of how far the Convention is applied in the public sector. It also noted that, according to OPACO, there are no statistics on pay for men and women in the public sector or on the distribution of men and women in the various categories of public-sector jobs and posts. The Committee took note of the Government’s reply referring OPACO to its report. The Committee again encourages the Government to take the necessary steps to have such data compiled so as to allow an analysis of the posts and remuneration of men and women in the public sector, including any other benefits, with a view to determining whether there are remuneration gaps and, if so, taking the necessary steps to eliminate them.

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

In its previous comments the Committee noted the observations of 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 sectors. The CTC also stated that the labour inspection services and the courts had not dealt with any cases of discrimination. In conclusion, the CTC pointed to the absence of any texts implementing the Labour Code, more than 25 years after its adoption. The Committee asked the Government to respond to the CTC’s observations. It notes that the Government’s report has not been received, but that the new Labour Code was adopted on 28 June 2012.

Article 1 of the Convention. Prohibited grounds of discrimination. Dismissal. The Committee notes that according to section 2 of the new Labour Code, the prohibition on discrimination by the employer on grounds of race, colour, sex, religion, political opinion, national extraction or social origin, or real or perceived state of health, including HIV/AIDS status, expressly covers dismissals. It observes, however, that the unlawful grounds of dismissal set forth at section 44, the list of which is broader in scope than that of section 2, do not include national extraction. In order to harmonize the provisions of section 44 of the Labour Code with those of section 2 of the Labour Code and with the Convention, the Committee asks the Government to envisage adding national extraction to the list of unlawful grounds of dismissal set forth in section 44.

Aspects of employment and occupation. The Committee notes that the prohibition on employers from taking into consideration specific grounds in taking their decisions now expressly includes “conditions of employment” and “any other form of discrimination” (section 2 of the Labour Code). The Committee requests the Government to specify the meaning and scope of the expression “any other form of discrimination” used in section 2 of the Labour Code.

Workers excluded from the scope of the Labour Code. The Committee notes that according to section 1 of the new Labour Code, “persons appointed to a permanent management position in a government department” are excluded from the scope of the Labour Code. Recalling that the Convention applies to all workers, the Committee requests the Government to provide information on the protection of workers excluded from the scope of the new Labour Code against direct and indirect discrimination based on race, colour, sex, religion, political opinion, national extraction or social origin, or real or perceived state of health, including HIV status, both in law and in practice.

Article 2. Equality between men and women. Entitlement to leave. The Committee notes that section 133 of the new Labour Code provides that, unless there are more favourable provisions in collective agreements, working mothers with children under 15 years of age acquire the right to leave paid by the employer, amounting to at least three calendar days of actual service (instead of two and a half days). With a view to promoting equality between men and women workers with family responsibilities and the sharing of such responsibilities, the Committee requests the Government to envisage the possibility of extending this provision to working fathers of children under 15 years of age, so that such leave is granted to the men and women workers concerned on an equal footing.

Parts III and IV of the report form. Enforcement. The Committee requests the Government to provide information on labour inspectors’ activities in the area of combating discrimination and promoting equality, including, for example, extracts of inspection reports, and to provide copies of any court decisions handed down on these matters. The Committee also asks the Government to provide specific information on the procedures available to men and women workers to assert their rights in the event of discrimination and on how they operate in practice.

Since the Government’s report has not been received, the Committee hopes that a report will be submitted for examination by the Committee at its next session and that it will contain information on the following points:

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 and 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 affirmative measures it may have taken to promote equal access for 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 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 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 exist. 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 are 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.

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

In its previous comments the Committee took note of observations of the Workers’ Confederation of Comoros (CTC) received on 1 September 2011, in which the organization reported that the principle of equal remuneration between women and men in the private and parastatal sectors is not being respected because there is no wage scale or indicator to which employers might refer. The Committee invited the Government to send its comments on the matter. The Committee notes that the Government’s report has not been received but that a new Labour Code was adopted on 28 June 2012.

Equal remuneration for work of equal value. Legislation. In its earlier comments the Committee noted that section 97 of the Labour Code providing for equal wages regardless of the worker’s origin, sex, age or status “under equal working conditions, professional qualifications and output” did not give full effect to the Convention. The Committee notes with interest that according to section 104 of the new Labour Code “all employers shall provide equal remuneration for the same work or for work of equal value”. It further notes that this provision contains a definition of “remuneration” that reflects that of Article 1(a) of the Convention. The Committee asks the Government to provide information on the application of section 104 of the Labour Code in practice. It encourages the Government to publicize the new provisions of the Labour Code and to consider the organization of training to raise awareness among workers and employers and their organizations, labour inspectors, judges and others involved in enforcing the Labour Code concerning the principle of equal remuneration for work of equal value.

Collective agreements. The Committee notes that section 92(7) of the new Labour Code provides that “collective agreements [which may be extended] must include provisions on the ways and means of applying the principle of equal remuneration for men and women for work of equal value”. The Committee asks the Government to provide information on the effect given in practice to section 92(7) of the new Labour Code. It also asks the Government to indicate the measures taken to encourage the social partners to include in collective agreements the principle of equal remuneration for men and women for work of equal value and the ways and means of applying it, and to provide extracts of relevant collective agreements.

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

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

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

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

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

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

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

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

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

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

The Committee notes the observations made by the Confederation of Workers of Comoros (CTC), received on 1 September 2011, stating that the principle of equal remuneration between women and men in the private and parastatal sectors is far from being respected because there is no wage scale or indicator to which employers might refer. According to the CTC, the Convention is only applied in the public sector. The CTC also points out that the draft decree relating to the guaranteed interoccupational minimum wage (SMIG), that has been in the process of being adopted for six years, has still not been adopted. The CTC adds that, given the socio-economic situation in the country, its content is no longer valid and needs to be updated. The Committee invites the Government to submit any comments that it would like to make in reply to the observations of the CTC.

The Committee notes, moreover, that it has still not received the Government’s report. It hopes that a report will be provided for examination by the Committee at its next session, and that it will contain full information on the points raised in its previous direct request, which read as follows:

Article 3 of the Convention. Objective job evaluation. The Committee asks the Government to indicate whether, in order to facilitate the application of the principle of equal remuneration for work of equal value, objective job evaluation in the private sector has been undertaken or is being contemplated and, if so, to state the methods used.

Minimum wage. The Committee notes the Government’s statement that the draft decree relating to the guaranteed interoccupational minimum wage (SMIG) has still not been adopted. According to the Comoros Employers’ Organization (OPACO), the body which concluded the agreement on the minimum wage, namely the Higher Council for Labour and Employment (CSTE), has not been convened and is therefore not in a position to relaunch the process of adoption of the abovementioned decree. The Committee asks the Government to supply further information in this respect, particularly as regards the convening of the CSTE, and also precise information on the progress of the adoption of the decree relating to the guaranteed interoccupational minimum wage. It also asks the Government to supply a copy of the decree once it has been adopted, and also to provide information on the steps taken to ensure a strict application of any minimum wage fixed in this way.

Public sector. The Committee notes the statistical information sent by the Government concerning the numbers of men and women working in public service categories A, B and C within the General Treasury Department. However, it notes that this information does not enable it to evaluate the level of application of the Convention in the public sector. It also notes that OPACO states, in its communication of 1 September 2009, that there are no statistics on pay for men and women in the public sector or on the respective numbers of men and women in the various categories of public sector jobs and posts. The Committee notes the Government’s reply referring OPACO to its report. The Committee encourages the Government to take the necessary steps for the collection of such data to make it possible to analyse the posts and wages of men and women in the public sector, determine whether wage gaps exist and take the necessary steps to eliminate them.

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

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.

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

The Committee notes the observations made by the Workers’ Confederation of Comoros (CTC), received on 1 September 2011, in which the organization states that, given that section 97 of the Labour Code has still not been revised, it is difficult to assess the extent of its application in enterprises with respect to remuneration because there is no wage scale to which employers might refer. The Committee invites the Government to submit any comments it would like to make in reply to the observations of the CTC.

Furthermore, the Committee notes that it has not received the Government’s report. It therefore feels bound to reiterate its previous observation, which reads as follows:

Article 2(2)(a) of the Convention. Principle of equal remuneration for work of equal value. Legislation. The Committee notes that, according to the Government’s report, in the context of the draft revision of the Labour Code, particularly section 97, the draft section on equal remuneration states that “all employers must ensure equal remuneration for the same work or for work of equal value”. The Committee also notes the communication from the Comoros Employers’ Organization (OPACO) dated 1 September 2009, which states that the revision of section 97 of the Labour Code has not yet been carried out. It notes the Government’s reply referring the OPACO to its report. The Committee asks the Government to indicate the progress of the legislative work relating to the revision of the Labour Code and hopes that the new Labour Code, giving full expression to the principle of equal remuneration for men and women for work of equal value, will be adopted in the near future. The Committee asks the Government to supply information on the role of the social partners in the process of the revision of the Labour Code and to send a copy of the new Code once it has been adopted.

The Committee hopes that the Government will do its utmost to take the necessary measures in the near future.

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

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

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

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

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

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

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:

Article 3 of the Convention. Objective job evaluation. The Committee asks the Government to indicate whether, in order to facilitate the application of the principle of equal remuneration for work of equal value, objective job evaluation in the private sector has been undertaken or is being contemplated and, if so, to state the methods used.

Minimum wage. The Committee notes the Government’s statement that the draft decree relating to the guaranteed interoccupational minimum wage (SMIG) has still not been adopted. According to the Comoros Employers’ Organization (OPACO), the body which concluded the agreement on the minimum wage, namely the Higher Council for Labour and Employment (CSTE), has not been convened and is therefore not in a position to relaunch the process of adoption of the abovementioned decree. The Committee asks the Government to supply further information in this respect, particularly as regards the convening of the CSTE, and also precise information on the progress of the adoption of the decree relating to the guaranteed interoccupational minimum wage. It also asks the Government to supply a copy of the decree once it has been adopted, and also to provide information on the steps taken to ensure a strict application of any minimum wage fixed in this way.

Public sector. The Committee notes the statistical information sent by the Government concerning the numbers of men and women working in public service categories A, B and C within the General Treasury Department. However, it notes that this information does not enable it to evaluate the level of application of the Convention in the public sector. It also notes that OPACO states, in its communication of 1 September 2009, that there are no statistics on pay for men and women in the public sector or on the respective numbers of men and women in the various categories of public sector jobs and posts. The Committee notes the Government’s reply referring OPACO to its report. The Committee encourages the Government to take the necessary steps for the collection of such data to make it possible to analyse the posts and wages of men and women in the public sector, determine whether wage gaps exist and take the necessary steps to eliminate them.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 2(2)(a) of the Convention. Principle of equal remuneration for work of equal value. Legislation. The Committee notes that, according to the Government’s report, in the context of the draft revision of the Labour Code, particularly section 97, the draft section on equal remuneration states that all employers must ensure equal remuneration for the same work or for work of equal value. The Committee also notes the communication from the Comoros Employers’ Organization (OPACO) dated 1 September 2009, which states that the revision of section 97 of the Labour Code has not yet been carried out. It notes the Government’s reply referring the OPACO to its report. The Committee asks the Government to indicate the progress of the legislative work relating to the revision of the Labour Code and hopes that the new Labour Code, giving full expression to the principle of equal remuneration for men and women for work of equal value, will be adopted in the near future. The Committee asks the Government to supply information on the role of the social partners in the process of the revision of the Labour Code and to send a copy of the new Code once it has been adopted.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

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.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 3 of the Convention. Objective job evaluation. The Committee asks the Government to indicate whether, in order to facilitate the application of the principle of equal remuneration for work of equal value, objective job evaluation in the private sector has been undertaken or is being contemplated and, if so, to state the methods used.

Minimum wage. The Committee notes the Government’s statement that the draft decree relating to the guaranteed interoccupational minimum wage (SMIG) has still not been adopted. According to the Comoros Employers’ Organization (OPACO), the body which concluded the agreement on the minimum wage, namely the Higher Council for Labour and Employment (CSTE), has not been convened and is therefore not in a position to relaunch the process of adoption of the abovementioned decree. The Committee asks the Government to supply further information in this respect, particularly as regards the convening of the CSTE, and also precise information on the progress of the adoption of the decree relating to the guaranteed interoccupational minimum wage. It also asks the Government to supply a copy of the decree once it has been adopted, and also to provide information on the steps taken to ensure a strict application of any minimum wage fixed in this way.

Public sector. The Committee notes the statistical information sent by the Government concerning the numbers of men and women working in public service categories A, B and C within the General Treasury Department. However, it notes that this information does not enable it to evaluate the level of application of the Convention in the public sector. It also notes that OPACO states, in its communication of 1 September 2009, that there are no statistics on pay for men and women in the public sector or on the respective numbers of men and women in the various categories of public sector jobs and posts. The Committee notes the Government’s reply referring OPACO to its report. The Committee encourages the Government to take the necessary steps for the collection of such data to make it possible to analyse the posts and wages of men and women in the public sector, determine whether wage gaps exist and take the necessary steps to eliminate them.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 2 of the Convention. National policy. Equality of opportunity and treatment of men and women. The Committee notes the adoption of the National Policy on Gender Equity and Equality (PNEEG) in June 2008. According to the Government’s report, the PNEEG promotes equality in employment and occupation, taking into account the provisions of the Convention. The Committee also notes that the Organization of Employers of Comoros (OPACO), in a communication received on 1 September 2009, indicates that it had not been informed of the elaboration of such a policy, and also regretted that no measures have been taken to prevent the exclusion of women from certain jobs and occupations. The Committee requests the Government to provide information in reply to OPACO’s comments and strongly encourages the Government to cooperate with the workers’ and employers’ organizations in the implementation of the PNEEG. In this regard, the Government is requested to provide detailed information on the measures taken or envisaged to ensure the PNEEG’s effective implementation, as far as they relate to equality of opportunity and treatment in respect of access to education, vocational training, wage and non-wage employment and working conditions (including remuneration, promotion, and security of tenure). Please provide a copy of the PNEEG.

Equality of opportunity and treatment irrespective of race, colour, religion, political opinion, national extraction and social origin. In the absence of any information from the Government regarding this matter, the Committee recalls once again that in accordance with Article 2 of the Convention the Government is required to declare and pursue a national policy with a view to eliminating discrimination based on all the grounds listed in Article 1 of the Convention, and not only discrimination based on sex. The Committee therefore requests the Government once again to indicate the measures taken or envisaged to declare and pursue a national policy to promote equality of opportunity and treatment in employment and occupation, irrespective of race, colour, religion, political opinion, national extraction and social origin.

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

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 2, paragraph 2(a), of the Convention. Principle of equal remuneration for work of equal value. Legislation. The Committee notes that according to the Government’s report, in the context of the draft revision of the Labour Code, particularly section 97, the draft section on equal remuneration states that all employers must ensure equal remuneration for the same work or for work of equal value. The Committee also notes the communication from the Comoros Employers’ Organization (OPACO) dated 1 September 2009, which states that the revision of section 97 of the Labour Code has not yet been carried out. It notes the Government’s reply referring the OPACO to its report. The Committee asks the Government to indicate the progress of the legislative work relating to the revision of the Labour Code and hopes that the new Labour Code, giving full expression to the principle of equal remuneration for men and women for work of equal value, will be adopted in the near future. The Committee asks the Government to supply information on the role of the social partners in the process of the revision of the Labour Code and to send a copy of the new Code once it has been adopted.

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

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Legislation. Principle of equal remuneration for work of equal value. The Committee recalls its previous comments expressing concern in relation to section 97 of the Labour Code which provides for equal remuneration under equal working conditions, professional qualifications and output.  As indicated by the Committee, section 97 is more restrictive than the Convention which calls for equal remuneration for men and women for work of equal value. This principle also covers situations where men and women, in fact, perform jobs that are different, but nevertheless of equal value. In this regard, the Committee notes the Government’s commitment to bring section 97 into conformity with the Convention and its request for technical assistance from the ILO on this matter. The Committee hopes that such technical assistance will be provided and asks the Government to keep the Committee apprised of the progress made in bringing the legislation into conformity with the Convention.

2. Minimum wages. The Committee notes the Government’s indication that an agreement concerning the guaranteed interoccupational minimum wage (SMIG) was reached and that the draft minimum wage Decree was before the Government for adoption. The Committee asks the Government to provide a copy of the Decree once adopted, as well as information on the measures taken to ensure strict enforcement of the guaranteed minimum wage.

3. Public sector. The Committee notes that the Government has not yet provided statistical information on the earnings of men and women in the public sector, as requested by the Committee. The Committee asks the Government to provide this information in its next report, including information on the distribution of men and women in the different categories and posts.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. The Committee notes the Government’s first report on the application of the Convention. Noting that the report is very brief, the Committee requests the Government to provide full information in accordance with the report form, including information on the specific points raised below.

2. Article 1 of the Convention. Legislation. The Committee notes that the Constitution proclaims equality of rights and duties for all, without distinction based on sex, origin, race, religion or belief. It also notes the Government’s indication that Act No. 04-006/A.V of 10 November 2004 (“Public Service Statute”) guarantees equality of opportunity and treatment in employment and occupation. It also notes that section 2 of the Labour Code provides that all employers are prohibited from taking race, colour, sex, religion, political opinion, national extraction or social origin into account when making decisions concerning recruitment, employment, training, remuneration, social benefits, work assignments, disciplinary measures and dismissal. The Committee requests the Government to:

(a)   indicate the procedures available for bringing complaints in cases of discrimination in employment and occupation under the Constitution;

(b)   provide the text of the Public Service Statute and indicate the practical measures taken to ensure equality of opportunity and treatment in the public service;

(c)   indicate the measures taken by the competent authorities to ensure compliance with the Labour Code’s non-discrimination provision and to provide information on any cases of discrimination addressed through labour inspection or by the courts.

3. Inherent requirements of the job. The Committee notes the Government’s statement that in some areas of work preferences existed due to the nature of the work concerned, e.g. port workers were exclusively men. The Committee stresses that, under the Convention, distinctions, exclusions or preferences are only permitted if they are based on the inherent requirements of the job. Such exclusions must be determined on an objective basis and should take account of individual capacities. However, the Convention does not permit exclusions of women from certain posts or work merely because they are women on account of negative stereotypes. The Committee requests the Government to provide information on the measures taken to ensure that women are not excluded, in law or in practice, from certain types of work contrary to the principle of equality.

4. Article 2. National policy. The Government indicates that a national policy on gender equality is under preparation and that workers’ and employers’ organizations are being consulted in this regard. The Committee requests the Government to provide information on the progress made in adopting a national policy on gender equality and the steps taken to ensure that it contains measures for the promotion of gender equality in employment and occupation. Recalling that under Article 2 of the Convention the Government is required to adopt and implement a national policy to promote equality of opportunity and treatment in employment and occupation with a view to eliminating discrimination based on all the grounds listed in Article 1 of the Convention, the Committee asks the Government to provide information on measures taken to adopt and implement a national policy with regard to ensuring equality in employment and occupation, irrespective of the grounds of race, colour, religion, political opinion, national extraction and social origin.

5. Article 3(b). Awareness raising. The Committee stresses the importance of training and awareness raising as a means to promote better understanding and application of the principle of equality in employment and occupation. The Committee therefore requests the Government to indicate the measures taken to raise awareness of the principle of equality among relevant target groups, such as labour inspectors, judges, and workers’ and employers’ representatives, and also among the public at large.

6. Article 3(e). Vocational training and employment services. The Committee requests the Government to provide detailed information on how it ensures equality of opportunity and treatment in vocational training and guidance, as well as the provision of employment services, including job placement.

7. Article 5. Special measures. The Committee notes that section 120 of the Labour Code states that certain types of work prohibited for women are to be determined by separate legislation. The Committee requests the Government to provide the texts of the legislation determining the work that is prohibited for women.

8. Part V of the report form. The Committee requests the Government to provide statistical information on the position of men and women in the labour market, indicating the number of men and women in the different sectors, industries and occupations, as well as their distribution in management positions.

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

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:

1. Article 1(b) of the Convention. Principle of equal remuneration for work of equal value. The Committee notes that the Government omits to provide information in its report with respect to section 97 of the Labour Code and is bound to reiterate the concern expressed in its previous direct request with regard to section 97, which establishes the principle of equal remuneration under equal working conditions, professional qualifications and output. Referring to its previous comments, it recalls that the principle of the Convention calls for equal remuneration for men and women workers for work of equal value, which also covers situations where men and women, in fact, perform jobs that are different, but are of equal value. The Committee therefore once again asks the Government to consider amending its Labour Code, if it so requests with the technical assistance of the Office, to ensure that the Labour Code sets out the broader principle laid down in Article 1(b) of the Convention.

2. Article 2(1) The Committee notes the Government’s statement that, due to lack of control mechanisms and procedures, it is not possible to ensure the application of the principle of equal remuneration for men and women workers for work of equal value in the private sector. The Committee is bound to point out to the Government that wherever a State is not in a position to ensure the principle of equal remuneration, it must promote its application under Article 2(1) of the Convention (see General Survey on equal remuneration, 1986, paragraph 29). The Committee therefore asks the Government to provide detailed information with its next report on promotional measures taken or envisaged to promote the principle of equal remuneration for men and women workers for work of equal value in the private sector.

3. The Committee regrets that the Government’s report does not contain a reply to its previous comments and that it contains only general information, which does not enable the Committee to assess the extent to which effect is given in practice to the principle of equal remuneration for men and women workers for work of equal value, as set out in the Convention. It therefore reiterates its previous request for information on the progress made with regard to the draft decree setting out the guaranteed interoccupational minimum wage (SMIG). The Committee once again recalls the concern expressed in 2000 by the Confederation of Independent Trade Unions of Comoros Workers (USATC), particularly in relation to the private sector, where the lack of a minimum wage leads to the unilateral fixing of wages by employers with no prior negotiation. The Committee hopes that the process of setting the SMIG, taking into account the requirements of this Convention, will be completed as soon as possible. It asks the Government to keep it informed of the negotiations held in relation to the setting of the SMIG and to provide a copy of the decree once adopted.

4. Part III of the report form. Practical application. The Committee notes the Government’s statement that men and women workers in the public sector receive equal remuneration for work of equal value. It asks the Government to provide with its next report statistical information on salary levels in the public sector, disaggregated by sex, so as to enable it to assess the application in practice of the principle of equal remuneration for men and women workers in the public sector.

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:

1. Article 1(b) of the Convention. Principle of equal remuneration for work of equal value. The Committee notes that the Government omits to provide information in its report with respect to section 97 of the Labour Code and is bound to reiterate the  concern expressed in its previous direct request with regard to section 97, which establishes the principle of equal remuneration under equal working conditions, professional qualifications and output. Referring to its previous comments, it recalls that the principle of the Convention calls for equal remuneration for men and women workers for work of equal value, which also covers situations where men and women, in fact, perform jobs that are different, but are of equal value. The Committee therefore once again asks the Government to consider amending its Labour Code, if it so requests with the technical assistance of the Office, to ensure that the Labour Code sets out the broader principle laid down in Article 1(b) of the Convention.

2. Article 2(1). The Committee notes the Government’s statement that, due to lack of control mechanisms and procedures, it is not possible to ensure the application of the principle of equal remuneration for men and women workers for work of equal value in the private sector. The Committee is bound to point out to the Government that wherever a State is not in a position to ensure the principle of equal remuneration, it must promote its application under Article 2(1) of the Convention (see General Survey on equal remuneration, 1986, paragraph 29). The Committee therefore asks the Government to provide detailed information with its next report on promotional measures taken or envisaged to promote the principle of equal remuneration for men and women workers for work of equal value in the private sector.

3. The Committee regrets that the Government’s report does not contain a reply to its previous comments and that it contains only general information, which does not enable the Committee to assess the extent to which effect is given in practice to the principle of equal remuneration for men and women workers for work of equal value, as set out in the Convention. It therefore reiterates its previous request for information on the progress made with regard to the draft decree setting out the guaranteed interoccupational minimum wage (SMIG). The Committee once again recalls the concern expressed in 2000 by the Confederation of Independent Trade Unions of Comoros Workers (USATC), particularly in relation to the private sector, where the lack of a minimum wage leads to the unilateral fixing of wages by employers with no prior negotiation. The Committee hopes that the process of setting the SMIG, taking into account the requirements of this Convention, will be completed as soon as possible. It asks the Government to keep it informed of the negotiations held in relation to the setting of the SMIG and to provide a copy of the decree once adopted.

4. Part III of the report form. Practical application. The Committee notes the Government’s statement that men and women workers in the public sector receive equal remuneration for work of equal value. It asks the Government to provide with its next report statistical information on salary levels in the public sector, disaggregated by sex, so as to enable it to assess the application in practice of the principle of equal remuneration for men and women workers in the public sector.

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

1. Article 1(b) of the Convention. Principle of equal remuneration for work of equal value. The Committee notes that the Government omits to provide information in its report with respect to section 97 of the Labour Code and is bound to reiterate the  concern expressed in its previous direct request with regard to section 97, which establishes the principle of equal remuneration under equal working conditions, professional qualifications and output. Referring to its previous comments, it recalls that the principle of the Convention calls for equal remuneration for men and women workers for work of equal value, which also covers situations where men and women, in fact, perform jobs that are different, but are of equal value. The Committee therefore once again asks the Government to consider amending its Labour Code, if it so requests with the technical assistance of the Office, to ensure that the Labour Code sets out the broader principle laid down in Article 1(b) of the Convention.

2. Article 2(1). The Committee notes the Government’s statement that, due to lack of control mechanisms and procedures, it is not possible to ensure the application of the principle of equal remuneration for men and women workers for work of equal value in the private sector. The Committee is bound to point out to the Government that wherever a State is not in a position to ensure the principle of equal remuneration, it must promote its application under Article 2(1) of the Convention (see General Survey on equal remuneration, 1986, paragraph 29). The Committee therefore asks the Government to provide detailed information with its next report on promotional measures taken or envisaged to promote the principle of equal remuneration for men and women workers for work of equal value in the private sector.

3. The Committee regrets that the Government’s report does not contain a reply to its previous comments and that it contains only general information, which does not enable the Committee to assess the extent to which effect is given in practice to the principle of equal remuneration for men and women workers for work of equal value, as set out in the Convention. It therefore reiterates its previous request for information on the progress made with regard to the draft decree setting out the guaranteed interoccupational minimum wage (SMIG). The Committee once again recalls the concern expressed in 2000 by the Confederation of Independent Trade Unions of Comoros Workers (USATC), particularly in relation to the private sector, where the lack of a minimum wage leads to the unilateral fixing of wages by employers with no prior negotiation. The Committee hopes that the process of setting the SMIG, taking into account the requirements of this Convention, will be completed as soon as possible. It asks the Government to keep it informed of the negotiations held in relation to the setting of the SMIG and to provide a copy of the decree once adopted.

4. Part III of the report form. Practical application. The Committee notes the Government’s statement that men and women workers in the public sector receive equal remuneration for work of equal value. It asks the Government to provide with its next report statistical information on salary levels in the public sector, disaggregated by sex, so as to enable it to assess the application in practice of the principle of equal remuneration for men and women workers in the public sector.

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

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 information contained in the Government’s report, as well as the comments of the Confederation of Independent Trade Unions of Comoros Workers (USATC).

1. The Committee notes from the Government’s brief report that, due to the continuing deterioration of the political, economic and social environment in the country, no progress has been made with regard to the draft decree setting the guaranteed inter-occupational minimum wage (SMIG). It notes the concerns expressed by the USATC in respect of this situation, particularly in the private sector, where the lack of a minimum wage leads to the unilateral fixing of wages by employers with no prior negotiation. The Committee hopes that the process of setting the SMIG, taking into account the requirements of this Convention, will be completed as quickly as possible, and asks the Government to keep it informed of the adoption of the draft decree mentioned.

2. The Committee reiterates its previous comments concerning the principle of equal remuneration as contained in the Labour Code, which requires equal working conditions, professional qualifications and output (section 97). The Committee recalls that the principle of the Convention calls for equal remuneration between men and women workers for work of equal value. The Convention therefore covers situations where men and women in fact perform jobs that are different, but have equal value. The application of this principle implies a comparison of the tasks involved in different jobs, which necessarily requires the existence of appropriate mechanisms and procedures to ensure that job evaluations are free from all gender-based discrimination. The Committee once again recommends that the Government consider amending its Labour Code with the technical assistance of the Office.

3. The Committee notes that while the Government’s report of April 2000 cited a document entitled "Toward a national employment policy: Basic information" as an attachment to the report, the document was not received by the Office. The Committee would be grateful if the Government would forward a copy with its next report.

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

The Committee notes the information contained in the Government’s report, as well as the comments of the Confederation of Independent Trade Unions of Comoros Workers (USATC).

1.  The Committee notes from the Government’s brief report that, due to the continuing deterioration of the political, economic and social environment in the country, no progress has been made with regard to the draft decree setting the guaranteed inter-occupational minimum wage (SMIG). It notes the concerns expressed by the USATC in respect of this situation, particularly in the private sector, where the lack of a minimum wage leads to the unilateral fixing of wages by employers with no prior negotiation. The Committee hopes that the process of setting the SMIG, taking into account the requirements of this Convention, will be completed as quickly as possible, and asks the Government to keep it informed of the adoption of the draft decree mentioned.

2.  The Committee reiterates its previous comments concerning the principle of equal remuneration as contained in the Labour Code, which requires equal working conditions, professional qualifications and output (section 97). The Committee recalls that the principle of the Convention calls for equal remuneration between men and women workers for work of equal value. The Convention therefore covers situations where men and women in fact perform jobs that are different, but have equal value. The application of this principle implies a comparison of the tasks involved in different jobs, which necessarily requires the existence of appropriate mechanisms and procedures to ensure that job evaluations are free from all gender-based discrimination. The Committee once again recommends that the Government consider amending its Labour Code with the technical assistance of the Office.

3.  The Committee notes that while the Government’s report of April 2000 cited a document entitled "Toward a national employment policy: Basic information" as an attachment to the report, the document was not received by the Office. The Committee would be grateful if the Government would forward a copy with its next report.

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

The Committee notes with regret 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 the matters raised in its previous direct request, which read as follows:

[...]

1. Noting that the draft decree setting the guaranteed minimum wage (SMIG) -- the signing of which by the Head of State has been delayed owing to the deterioration in political, economic and social conditions -- should be re-examined soon and that the reform of the Civil Service Statute has not yet been completed, the Committee trusts that the Government will keep it informed of the progress made in this respect and that, as promised in the report, it will provide a copy of these texts as soon as they have been adopted.

2. In response to the concerns expressed by the Committee -- relating to the narrow interpretation of the principle of equal remuneration for men and women for work of equal value in the national legislation -- the Government stated that, in order to eliminate the possibility of discriminatory treatment against women workers, it was considering amending the definition of equality of treatment appearing in section 97 of the Labour Code which states that "in equal conditions of work, vocational qualifications and output, wages shall be equal for all workers irrespective ... of their sex ... under the conditions provided for in this section". In its last report, the Government repeats its previous comments and states that, in its opinion, the provisions of section 97 of the Labour Code comply with those of Article 1(b) of the Convention. The Committee wishes to emphasize that, as explained in paragraphs 51-62 of its General Survey on equal remuneration of 1986, such a definition -- interpreted restrictively -- may in reality give rise to discriminatory treatment against women workers. For that reason, it urges the Government to consider once again amending the definition of equal remuneration for work of equal value incorporated in the Comorian Labour Code and recalls that the ILO is available to provide any technical assistance it may desire in this area.

3. The Committee notes the civil service wages scale currently in force, as supplied by the Government, and, in particular, the fact that the scales does not make a clear distinction according to the sex of the worker concerned. However, since it considers that this information does not enable it to assess the manner in which the Convention is applied in practice, the Committee would be grateful if the Government would indicate in its next report the distribution of men and women at the different levels.

4. Finally, it requests the Government to provide a copy of Decree No. 93-1755/PR of 5 October 1993 concerning the classification, manner of appointment and special management rules for the holders of senior posts and supervisory staff working in the state civil administration which the Government indicated was attached to the report but has not been received.

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

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:

(...)

1. Noting that the draft decree setting the guaranteed minimum wage (SMIG) -- the signing of which by the Head of State has been delayed owing to the deterioration in political, economic and social conditions -- should be re-examined soon and that the reform of the Civil Service Statute has not yet been completed, the Committee trusts that the Government will keep it informed of the progress made in this respect and that, as promised in the report, it will provide a copy of these texts as soon as they have been adopted.

2. In response to the concerns expressed by the Committee -- relating to the narrow interpretation of the principle of equal remuneration for men and women for work of equal value in the national legislation -- the Government stated that, in order to eliminate the possibility of discriminatory treatment against women workers, it was considering amending the definition of equality of treatment appearing in section 97 of the Labour Code which states that "in equal conditions of work, vocational qualifications and output, wages shall be equal for all workers irrespective ... of their sex ... under the conditions provided for in this section". In its last report , the Government repeats its previous comments and states that in its opinion the provisions of section 97 of the Labour Code comply with those of Article 1(b) of the Convention. The Committee wishes to emphasize that, as explained in paragraphs 51-62 of its General Survey on equal remuneration of 1986, such a definition -- interpreted restrictively -- may in reality give rise to discriminatory treatment against women workers. For that reason, it urges the Government to consider once again amending the definition of equal remuneration for work of equal value incorporated in the Comorian Labour Code and recalls that the ILO is available to provide any technical assistance it may desire in this area.

3. The Committee notes the civil service wages scale currently in force, as supplied by the Government, and in particular the fact that the scale does not make a clear distinction according to the sex of the worker concerned. However, since it considers that this information does not enable it to assess the manner in which the Convention is applied in practice, the Committee would be grateful if the Government would indicate in its next report the distribution of men and women at the different levels.

4. Finally, it requests the Government to provide a copy of Decree No. 93-1755/PR of 5 October 1993 concerning the classification, manner of appointment and special management rules for the holders of senior posts and supervisory staff working in the state civil administration, which the Government indicated was attached to the report but has not been received.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the information provided by the Government in response to its previous comments.

1. Noting that the draft decree setting the guaranteed minimum wage (SMIG) -- the signing of which by the Head of State has been delayed owing to the deterioration in political, economic and social conditions -- should be re-examined soon and that the reform of the Civil Service Statute has not yet been completed, the Committee trusts that the Government will keep it informed of the progress made in this respect and that, as promised in the report, it will provide a copy of these texts as soon as they have been adopted.

2. In response to the concerns expressed by the Committee -- relating to the narrow interpretation of the principle of equal remuneration for men and women for work of equal value in the national legislation -- the Government stated that, in order to eliminate the possibility of discriminatory treatment against women workers, it was considering amending the definition of equality of treatment appearing in section 97 of the Labour Code which states that "in equal conditions of work, vocational qualifications and output, wages shall be equal for all workers irrespective ... of their sex ... under the conditions provided for in this section". In its last report , the Government repeats its previous comments and states that in its opinion the provisions of section 97 of the Labour Code comply with those of Article 1(b) of the Convention. The Committee wishes to emphasize that, as explained in paragraphs 51-62 of its General Survey on equal remuneration of 1986, such a definition -- interpreted restrictively -- may in reality give rise to discriminatory treatment against women workers. For that reason, it urges the Government to consider once again amending the definition of equal remuneration for work of equal value incorporated in the Comorian Labour Code and recalls that the ILO is available to provide any technical assistance it may desire in this area.

3. The Committee notes the civil service wages scale currently in force, as supplied by the Government, and in particular the fact that the scale does not make a clear distinction according to the sex of the worker concerned. However, since it considers that this information does not enable it to assess the manner in which the Convention is applied in practice, the Committee would be grateful if the Government would indicate in its next report the distribution of men and women at the different levels.

4. Finally, it requests the Government to provide a copy of Decree No. 93-1755/PR of 5 October 1993 concerning the classification, manner of appointment and special management rules for the holders of senior posts and supervisory staff working in the state civil administration, which the Government indicated was attached to the report but has not been received.

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

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:

1. The Committee notes the Government's repeated statement that section 97 of the Labour Code provides for equal remuneration for equal work, and not for work of equal value, in accordance with Article 1(b) of the Convention. With reference to the Government's previous statement that, on the occasion of a future revision of the Code, it would not fail to take into account the definition of remuneration set out in the Convention, the Committee hopes that the next report will contain information on the measures which have been taken or are envisaged to bring the Code into conformity with the Convention. The Committee recalls that the ILO is at the Government's disposal for any technical assistance that it might wish to receive in this field.

2. The Committee notes that the study of wages has resulted in the formulation of a draft Decree to determine minimum wages and that, despite its approval by the Council of Ministers in April 1992, problems of a social and political nature have delayed its signature by the Head of State. It hopes that the draft text will be definitively adopted in the very near future and that the Government will supply a copy of the text, as promised in the report, and will give an indication of the impact of its adoption on the application of the principle set out in the Convention.

3. The Committee notes the recent adoption of Decree No. 93 of 5 October 1993 to classify, determine the manner of appointment and issue special management rules respecting titular employees in the higher and middle management of the State's civil administration. It requests the Government to supply a copy of this Decree and to indicate the impact of its adoption on the application of the principle of equal remuneration for work of equal value for men and women workers in the public administration. In this respect, in order to enable it to assess the manner in which the principle is applied in practice, the Committee requests the Government to supply the wage scales currently applicable in the public service, with an indication of the distribution of men and women at the various levels. The Committee recalls the Government's previous statement that it envisaged establishing a system with the assistance of the ILO for the objective appraisal of jobs on the basis of the work to be performed and it requests the Government to state whether this new classification responds to this objective and to keep it informed of developments relating to any other proposed measures in this respect.

4. The Committee notes that the general principles of the reform of the conditions of service of the public service have already been laid down and that the study of this reform was to have been taken up once again and completed in January 1994. The Committee hopes that the new conditions of service of the public service will guarantee equal remuneration for work of equal value and, in particular, that in the context of the current reform, section 8 of Act No. 80-22 to issue the general conditions of service of public servants (which prohibits any distinction between the two sexes subject to special provisions in other legislation) will be brought into conformity with the Convention. It requests the Government to supply a copy of the new conditions of service as soon as they are adopted.

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

Further to its previous direct requests, the Committee notes the information contained in the Government's report.

1. The Committee notes the Government's repeated statement that section 97 of the Labour Code provides for equal remuneration for equal work, and not for work of equal value, in accordance with Article 1(b) of the Convention. With reference to the Government's previous statement that, on the occasion of a future revision of the Code, it would not fail to take into account the definition of remuneration set out in the Convention, the Committee hopes that the next report will contain information on the measures which have been taken or are envisaged to bring the Code into conformity with the Convention. The Committee recalls that the ILO is at the Government's disposal for any technical assistance that it might wish to receive in this field.

2. The Committee notes that the study of wages has resulted in the formulation of a draft Decree to determine minimum wages and that, despite its approval by the Council of Ministers in April 1992, problems of a social and political nature have delayed its signature by the Head of State. It hopes that the draft text will be definitively adopted in the very near future and that the Government will supply a copy of the text, as promised in the report, and will give an indication of the impact of its adoption on the application of the principle set out in the Convention.

3. The Committee notes the recent adoption of Decree No. 93 of 5 October 1993 to classify, determine the manner of appointment and issue special management rules respecting titular employees in the higher and middle management of the State's civil administration. It requests the Government to supply a copy of this Decree and to indicate the impact of its adoption on the application of the principle of equal remuneration for work of equal value for men and women workers in the public administration. In this respect, in order to enable it to assess the manner in which the principle is applied in practice, the Committee requests the Government to supply the wage scales currently applicable in the public service, with an indication of the distribution of men and women at the various levels. The Committee recalls the Government's previous statement that it envisaged establishing a system with the assistance of the ILO for the objective appraisal of jobs on the basis of the work to be performed and it requests the Government to state whether this new classification responds to this objective and to keep it informed of developments relating to any other proposed measures in this respect.

4. The Committee notes that the general principles of the reform of the conditions of service of the public service have already been laid down and that the study of this reform was to have been taken up once again and completed in January 1994. The Committee hopes that the new conditions of service of the public service will guarantee equal remuneration for work of equal value and, in particular, that in the context of the current reform, section 8 of Act No. 80-22 to issue the general conditions of service of public servants (which prohibits any distinction between the two sexes subject to special provisions in other legislation) will be brought into conformity with the Convention. It requests the Government to supply a copy of the new conditions of service as soon as they are adopted.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

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:

1. The Committee notes that, according to the Government, the study on wages has been suspended due to problems of an administrative and financial nature. The Committee hopes that the Government will be in a position to supply with its next report the results of the work of the special committee established in April 1986 to undertake this study and that it will also indicate their implications for the application of the principle laid down in the Convention.

2. The Committee also notes the suspension of the study of the specific conditions of service applying to the various branches of the public service, carried out under Act No. 80-22 of 1981 establishing the general conditions of service of public servants. The Committee requests the Government to supply information on the progress achieved in establishing these conditions of service and to transmit copies of them when they have been adopted, as it expressed the intention of doing in its report.

3. The Government repeats that due to a state of extremely acute crisis it has been prevented from amending the Labour Code but will not fail, when the Code is reviewed, to take account of the definition of equal remuneration laid down in the Convention. The Committee hopes that the Government's next report will contain information on any progress achieved in this respect.

4. The Committee notes the Government's indications to the effect that there is no official system for the objective evaluation of jobs on the basis of the work to be performed and that it envisages in future establishing such a system with the assistance of the ILO, which it will request at the appropriate time. The Committee requests the Government to keep it informed of the progress achieved in this respect and recalls that the ILO is at its disposal for any technical assistance that it may wish to request.

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 that, according to the Government, the study on wages has been suspended due to problems of an administrative and financial nature. The Committee hopes that the Government will be in a position to supply with its next report the results of the work of the special committee established in April 1986 to undertake this study and that it will also indicate their implications for the application of the principle laid down in the Convention.

2. The Committee also notes the suspension of the study of the specific conditions of service applying to the various branches of the public service, carried out under Act No. 80-22 of 1981 establishing the general conditions of service of public servants. The Committee requests the Government to supply information on the progress achieved in establishing these conditions of service and to transmit copies of them when they have been adopted, as it expressed the intention of doing in its report.

3. The Government repeats that due to a state of extremely acute crisis it has been prevented from amending the Labour Code but will not fail, when the Code is reviewed, to take account of the definition of equal remuneration laid down in the Convention. The Committee hopes that the Government's next report will contain information on any progress achieved in this respect.

4. The Committee notes the Government's indications to the effect that there is no official system for the objective evaluation of jobs on the basis of the work to be performed and that it envisages in future establishing such a system with the assistance of the ILO, which it will request at the appropriate time. The Committee requests the Government to keep it informed of the progress achieved in this respect and recalls that the ILO is at its disposal for any technical assistance that it may wish to request.

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

Further to its previous comments, the Committee takes note of the information provided by the Government in its report.

1. The Committee again expresses the hope that the Government will shortly be able to transmit the results of the work of the ad hoc committee established by Order No. 86-008/MJ-FOP of 19 April 1986, to study wages and, in particular, the guaranteed occupational minimum wage, and that it will also indicate their implications for the application of the principle laid down in the Convention.

2. The Committee again regards the Government to supply a copy of the particular conditions of service applying to the various branches of the public service (Act No. 80-22 of 1981 establishing the general conditions of service of public servants), as soon as they are adopted.

3. The Government indicates that a state of acute crisis has prevented it from having the Labour Code amended, but that when the Code is reviewed, it will not fail to take account of the definition of equal remuneration laid down in the Convention. The Committee hopes that, in its next report, the Government will be able to provide information on the progress made in this respect.

4. With regard to the information requested by the Committee concerning the sectors (industries, enterprises or services) employing a large number of women, the Committee notes from the Government's report that the only sector to employ a large number of women is the clerical sector of the civil service, where all employees receive equal pay for equal qualifications, irrespective of sex, and that in the private sector wages are determined by professional qualifications and occupational category, without any discrimination based on sex. The Committee refers to paragraphs 22 and 72, 138 to 152 and 199 to 215 of its General Survey of 1986 on Equal Remuneration, and asks the Government to provide information on any system, either existing or contemplated for an objective appraisal of jobs on the basis of the tasks involved, both in the public service and in the branches of the private sector employing women.

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

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 takes note of the information supplied by the Government in its report in reply to its previous direct request.

1. The Committee notes that the special committee established by Order No. 86-008/MJ-FOP of 19 April 1986, to study wages and, in particular, the guaranteed occupational minimum wage, has completed its work. The document produced by the above Committee is to be submitted to the Council of Ministers and approved by the Federal Assembly before being put into force. The Government indicates that the Committee took account, during its work, of the principle of equal remuneration for work of equal value and that, with regard to wages which are higher than the statutory minimum rate, the Committee used a number of criteria related to the job requirements such as professional qualifications, the level of responsibility and decision-making and the level of physical and intellectual effort. The Committee hopes that the Government will shortly be able to communicate the results of this work and state its implications for the application of the principle laid down in the Convention.

2. With regard to the particular conditions of service applying to the various branches of public servants, and the Orders to give effect to Act No. 80-22 establishing the general conditions of service of public servants, the Government indicates that the above instruments are still in the process of being prepared, but the principle of equal remuneration is fully taken into account. The Committee requests the Government to provide a copy of the above texts as soon as they are adopted.

3. With a view to giving effect to the principle of equal remuneration for workers of both sexes, section 97 of the Labour Code requires equal conditions of work, occupational skill and output. The Committee has expressed concern regarding the application of the principle laid down in the Convention to cases in which, in practice, women and men perform work of a different nature, but of equal value. In reply, the Government states that the legislation department has been entrusted with a draft amendment in order to bring the definition of "equal remuneration" into conformity with the Convention. The Committee hopes that the Government will shortly be able to state that this draft has been completed.

4. The Committee takes note of the information supplied by the Government concerning the absence of discrimination between men and women in occupational classification and notes that it has not been possible to provide the information requested by the Committee concerning the sectors of activity (industries, enterprises or services) which employ a large number of women. The Government states that regular school attendance for girls is a recent practice and that no sector of activity employs a large number of women. With reference to point 3 and the explanations in paragraphs 138-152 of its 1986 General Survey on Equal Remuneration, the Committee requests the Government to provide information on any system which exists or which is contemplated for the objective appraisal of jobs on the basis of the tasks involved, particularly in sectors of activity employing women, even in small number.