United Nations

CEDAW/C/1994/3/Add.2


Committee on the elimination of all forms of discrimination against women

 Distr. GENERAL
18 October 1993
ORIGINAL: ENGLISH


                                                     


COMMITTEE ON THE ELIMINATION OF
  DISCRIMINATION AGAINST WOMEN
Thirteenth session
New York, 17 January-4 February 1994
Item 4 of the provisional agenda*

    *    CEDAW/C/1994/1.


       IMPLEMENTATION OF ARTICLE 21 OF THE CONVENTION ON THE ELIMINATION
                 OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN

          Reports provided by specialized agencies of the United Nations
          on the implementation of the Convention in areas falling within
                         the scope of their activities

                         Note by the Secretary-General

                                   Addendum


                       INTERNATIONAL LABOUR ORGANIZATION

                               Introductory note

    On behalf of the Committee, the Secretariat invited the International
Labour Organization on 22 June 1993 to submit to the Committee by
1 September 1993 a report on information provided by States to the
International Labour Organization on the implementation of article 11 and
related articles of the Convention which would supplement the information
contained in the reports of those States parties to the Convention on the
Elimination of All Forms of Discrimination against Women which will be
considered at the thirteenth session.  These are the latest reports of
Barbados, Colombia, Ecuador, Guatemala, Guyana, Japan, Libyan Arab Jamahiriya,
Madagascar, the Netherlands, New Zealand, Norway, Senegal and Zambia.

    Other information sought by the Committee refers to the activities,
programmes and policy decisions undertaken by ILO to promote the
implementation of article 11 and related articles of the Convention on the
Elimination of All Forms of Discrimination against Women.

    The report annexed hereto has been submitted in compliance with the
Committee's request.


    Part I of the report contains information about the policies, programmes
and activities of ILO that promote implementation of the provisions of the
Convention which fall within the scope of activities of ILO.  Part II of the
report contains information on the implementation of the relevant parts of the
Convention by States parties whose reports are on the agenda of the thirteenth
session of the Committee on the Elimination of Discrimination against Women
(CEDAW).  This information supplements the information contained in the
reports of the States parties.

    As concerns the application of States parties of the relevant articles of
the Convention, the report indicates, for each country, the relevant ILO
Conventions which it has ratified.  In addition, it supplements the report,
wherever appropriate and possible, by referring to information supplied by the
Government in its reports to ILO under article 22 of the ILO Constitution on
the application of the relevant ratified Conventions and in its reports under
article 19 of the ILO Constitution on the application of non-ratified
Conventions and Recommendations.  Where appropriate, reference is also made to
observations or requests made by the ILO supervisory bodies - the Committee of
Experts on the Application of Conventions and Recommendations, and the
Committee on the Application of Standards of the International Labour
Conference.


                                     Annex

         REPORT SUBMITTED BY THE INTERNATIONAL LABOUR ORGANIZATION TO THE
         COMMITTEE ON THE ELIMINATION OF DISCRIMINATION AGAINST WOMEN AT
                            ITS THIRTEENTH SESSION*

    *  This report has been reproduced in the form in which it was received.

                      [Original:  English/French/Spanish]


                                    PART I

         ILO activities, programmes and policy decisions which promote
                     the implementation of the Convention


           Activities, programmes and policy decisions of the ILO
           which promote the implementation of the UN Convention
             on the Elimination of All Forms of Discrimination
                                against Women

                (Since the Twelfth Session of the Committee on the
                   Elimination of Discrimination against Women)

1.  During the 1992-93 biennium, issues concerning equality of opportunity
and treatment for men and women in employment have increasingly featured as an
integral part of policies and measures promoted by the Office in all labour
matters.

2. Key areas of ILO action for the advancement of the status of women workers
are:

     (i)  To assist member States in the adoption of comprehensive
national strategies for the promotion of full equality for women in
employment, as requested by the resolution on ILO action concerning women
workers, adopted in 1991. This involves assistance for: the design of national
policies and instruments for their implementation; the adoption, revision and
enforcement of appropriate legislation, based on international labour
standards; the implementation of practical measures, including
positive action; and the promotion of tripartite dialogue and
involvement concerning equality.

    (ii)  To develop the institutional capacity of member States for the
promotion of equality, by strengthening the national machineries on equal
opportunities, by contributing to gender sensitization in governments and in
employers' and workers' organizations, and by promoting national, regional and
international linkages and exchanges of experiences for the development of
support networks.

    (iii) To alleviate poverty and the situation of particularly vulnerable
groups of women, by improving women's access to employment, entrepreneurship,
training, organization and social protection.

    (iv)  To promote the participation of women in decision-making at all
levels, in particular in governments and in employers' and
workers' organizations.

3. A major initiative in 1992-1993 has been the implementation of the
inter-departmental project on equality for women in employment. Its main 
objectives are: (1) to enhance the effectiveness of legislation in promoting
equal rights in employment, by ensuring practical implementation and by
identifying and revising legal provisions which sustain direct or indirect
discrimination against women in employment; (2) to increase awareness of the
obstacles to equality in the labour market, examine the reasons for the
existence and persistence of these obstacles and propose ways of reducing and
removing them; and (3) to examine policy options, strategies and practical
measures that can be used by ILO constituents in order to promote equality.

4. The wealth of knowledge being accumulated by the interdepartmental project
is providing new insights into crucial aspects of gender inequality: improved
methodologies and statistical data for measuring wage differentials as well as
job segregation; women's employment in flexible labour in countries undergoing
structural adjustment and opening to a market-oriented economy; law and
practice regarding maternity protection; strategies for dissemination of
information on women's legal rights and procedures to implement the rights set
out in law, in particular the right to equal pay; equality for women in social
security systems and social protection for women workers in the unorganized
sectors; new communication strategies for diversifying women's skills and
occupations; protection against sexual harassment at the workplace;
participation of women in trade unions; collective bargaining practices
concerning equality; and experience with affirmative action measures and
practical activities to promote equality in labour-related fields.

5. The project's achievements to date include a number of publications,
working papers and other reports; the organization of promotional seminars;
and the dissemination of its outputs to relevant bodies and individuals within
and outside of the United Nations system. Among the outputs are: A Conditions
of Work Digest Combating Sexual Harassment at Work published in September
1992, which examines the issue in industrialized countries and reviews legal
instruments, policy statements, directives or guidelines adopted by
governments, workers' and employers' organizations, women's and other groups
on sexual harassment at work. Furthermore, it analyses the various programmes
developed to raise awareness of the problem and to promote action against it;
a volume on Comparable Worth: An International Perspective (forthcoming
publication); a draft report on the Trade Unions' Role in Organizing Women in
the Unorganized Sectors (informal and rural); and an article on " Sexual
Harassment Law in Employment: An International Perspective" in International
Labour Review, vol. 131, No. 6. Numerous working papers have also been
produced and are listed at the end of Part I of this report. Other draft
reports have been prepared on women and trade unions in Trinidad and Tobago,
the unionization of women workers in the different economic sectors of South
Africa, positive action measures in various countries including case studies
and provisions in collective agreements to promote equality. An Information
Kit (video, pocket guide, ABC practical guide) and Modular Training Package on
Women Workers' Rights has been produced by the project. An Interregional
Seminar on Effective Information Dissemination Strategies on Women Workers'
Rights was held in June 1993, at Turin, to pretest the Information Kit and
Modular Training Package on Women Workers' rights and to, inter alia, identify
the essential elements that should go into both the adaptation of the
materials to specific regional contexts and also into a comprehensive
dissemination of the materials. This package will be available soon in our
regional offices.

6. The results of the interdepartmental project will be examined at the
International Forum on Equality for Women in Employment in a Changing World,
to be held in April 1994. The Forum will, inter alia, examine the trends,
challenges, setbacks and opportunities arising in the area of women's work in
response to changes in economic and institutional structures; analyse the
options and approaches required to respond to these challenges; and identify
the elements of an agenda for future action by the ILO and its tripartite
constituents. This Forum will constitute an integral part of the ILO's
contribution to the World Conference.

7. Activities outside the interdepartmental project on equality for women in
employment included women workers' concerns in a variety of areas: the
elaboration and supervision of international labour standards, employment and
structural adjustment in developing countries and on those in transition to a
market economy; assistance to member States to alleviate poverty; improvement
of working conditions and occupational safety and health; training and
technological transfer; entrepreneurship and management; cooperatives and
self-help groups; workers' education; employers' activities; labour statistics
and information.

8. Several points of the 80th session of the 1993 International Labour
Conference were of particular relevance to women workers. The first of two
discussions was held to elaborate international labour standards on part-time
work; a resolution on the function of the ILO in technical cooperation which
gives special importance to the inclusion of gender concerns in all technical
cooperation activities was adopted (a copy of the Resolution is attached as
Annex I); and the Committee on International Labour Standards held a lengthy
discussion on the 1993 Committee of Experts' General Survey on ILO Convention
No. 156 and Recommendation No. 165 concerning Workers with Family
Responsibilities. This Survey reviewed member States' law and practice
concerning this subject and identified obstacles to as well as future
prospects for ratification of the Convention. The number of ratifications for
Convention No. 156 now stands at 20 countries. 

9. The participation of women in decision-making is considered as the key
means for ensuring effective and sustainable equality of opportunity on the
grounds of sex. Through training and gender-awareness raising activities, the
ILO has focused on promoting the participation of women in management and
decision-making in governments and employers' and workers' organizations.
Particular emphasis has been put on improving the participation of women in
ILO meetings and activities. Responding to the request of the Committee on
Discrimination of the Governing Body in this regard, and following its
decisions at its 256th session in May 1993, the Office has launched a series
of measures addressed at encouraging ILO constituents to appoint more women in
delegations to ILO meetings, and at supporting women's participation in all
activities. (A copy of the Governing Body Report (GB.256/12/23) is attached as
Annex II.)

10. Furthermore, during the 80th Session of the International Labour
Conference (June 1993) an informal gathering in honour of women participants
was organized by the Office. The meeting, which included delegates as well as
staff members, focused on the need for increasing the participation of women
in all ILO meetings and activities and on ways for influencing governments and
social partners to appoint more women as delegates. This meeting, chaired by
Ms. M. Chinery-Hesse, Deputy Director-General, was the first of its kind and
it is expected to be followed up at the 1994 International Labour Conference.

11. Selected ILO publications and/or documents related to the above mentioned
activities or other related activities are listed on the following pages. 


                ILO'S MAIN PUBLICATIONS ON WOMEN WORKERS 1992-1993

ILO. Conditions of Work Digest. "Combating Sexual Harassment at Work". Vol.
11, No. 1. Geneva, 1992.

Hastings, S.; Coleman, M. "Women Workers and Unions in Europe: An Analysis by
Industrial Sector". ILO, IDP Women/Working Paper No. 4. Geneva, 1992.

Siltanen, J.; Jarman, J.; Blackburn, R. M. "Gender Inequality in the Labour
Market: Occupational Concentration and Segregation: A Manual on Methodology"
ILO, IDP Women/Working Paper No. 2 Geneva, 1992.

Lazo, L. "Homeworkers of Southeast Asia: The Struggle for Social Protection in
the Philippines". Regional Office for Asia and the Pacific. Bangkok, 1992.

ILO. Technical Cooperation Promotion Branch. "Women in Development Policies of
Multi-Bilateral Donors". Geneva, 1992.

Eaton, S. C. "Women Workers, Unions and Industrial Sectors in North America".
ILO, IDP Women/Working Paper No 1. Geneva, 1992.

Torrealba, R. "Trabajadoras Migrantes en el Servicio Dome'stico en Venezuela".
ILO, MIG/Working Paper No. 71.S. Ginebra, 1992.

ILO. CINTERFOR. " Participacio'n de la Mujer en la Formacio'n Te'cnica y
Profesional en Ame'rica Latina: Si'ntesis Regional". Montevideo, 1992.

Standing, G. "Cumulative Disadvantage? Women Industrial Workers in Malaysia
and Philippines". ILO, WEP/Working Paper No. 60. Geneva, 1992.

ILO. Asian Regional Team for Employment Promotion; UNDP; Centre for Women's
Development Studies, New Delhi. "Gender Dimensions of Employment and Wages in
Selected Asian Countries: An Annotated Bibliography". New Delhi, 1992.

Ravaozanany, N. "Etude du Milieu pour Orienter les Activite's Educatives du
Bien-Etre Familial: Le Case de Madagascar". Labour and Population
Working Paper No. 183.  Geneve, 1992.

Evans, A. R., "Women's Work and Family Welfare: Informal Women's Groups and
Family Planning Information and Services". Labour and Population Working Paper
No. 182. Geneva, 1992.

Shah, V. "Room for Improvement: A Study of Women Building Workers in Bombay".
Construction Information Paper, No 5, Geneva, 1992.

ILO. Standing Technical Committee for Health and Medical Services, 1st
Session. "Equality of Opportunity and Treatment between Men and Women in
Health and Medical Services". (ILO-STC/HMS/1/1992). Geneva, 1992.

ILO. "Ouverture sur l'Egalite' des Chances: Strate'gie Destine'e Renforcer la
Participation des Femmes dans les Projets de Coope'ration Technique". Femmes
et Developpement, Document No. 3. Gene've, 1992.

Nagaraj, S. Yahya, S. R. "National Machinery for the Integration of Women,
Population and Development in Malaysia" LAPTAP Working Paper No. 11. Bangkok,
1992.


ILO. "Mongolia: Advancement of Mongolian Women: Findings and Recommendations
of the Assignment on Co-operative Training" (IL-MON/91/WO1). Geneva, 1992.

Rahman, R. I. "Review of Women and Employment in Bangladesh". (ILORAS/86/071).
New Delhi, 1992.

Leigh-Doyle, S. "Increasing Women's Participation in Technical Fields".
(Training Discussion Paper, No. 90). Geneva, 1992.

Medel-Anonuevo, G. "National Machinery for the Integration of Women,
Population and Development in the Philippines". (LAPTOP Working Paper No. 8).
Bangkok, 1992.

Wainerman, Ch. "Improving the Accounting of Women Workers in Population
Censuses: Lessons from Latin America". (Population and Labour Policies
Programme, Working Paper No. 178) Geneva, 1992.

Zegers, M. "Strategies for Women and Development in the Republic of Congo".
(Labour and Population Series for Sub-Saharan Africa, Working Paper No. 14).
Geneva, 1992

Oberai, A. S. ILO-UNFPA. "Assessing the Demographic Impact of Development
Projects: Conceptual, Methodological and Policy Issues". London, Routledge,
1992. 

ILO. "Workers with Family Responsibilities". International Labour Conference,
Report III. Geneva, 1993.

Folbre, N. "Women and Social Security in Latin America, the Caribbean and
Sub-Saharan Africa". (ILO-IDP WOMEN/Working Paper No. 5). Geneva, 1993.

Oppong, C. "ILO Standard Setting, Policy Studies and Technical Cooperation
Relating to Population Issues and Women". (ILO-POP/Working Paper No. 185).
Geneva, 1993.

MacPherson, C. "Women in Scientific Research in Australia: A Case Study".
(ILO-SAP 4.13/Working Paper No. 50). Geneva, 1993.

Rassou, R. "Statistical Measurement of Gender Wage Differentials". (ILO-IDP
WOMEN/Working Paper No. 3). Geneva, 1993.

Eyraud, F. "Equal Pay Protection in Industrialised Market Economies: In Search
of Greater Effectiveness". Geneva, 1993. 


                      Equality for Women in Employment

                        An interdepartmental project

                                Working Papers

IDP Women/WP-l 
     Women Workers, Unions and Industrial Sectors in North America
     Susan C. Eaton

IDP Women/WP-2 
     Gender Inequality in the Janet Siltanen, Labour Market: Occupational
     Concentration and Segregation, A Manual on Methodology
     Janet Siltanen, Jennifer Jarman and Robert M.Blackburn

IDP Women/WP-3
     Statistical Measurement of Gender Wage Differentials
     ILO Bureau ofStatistics


IDP Women/WP-4
     Women Workers and Unions in Europe: An Analysis by Industrial Sector
     Sue Hastings and MarthaColeman

IDP Women/WP-5
     Women and Social Security in Latin America, the Caribbean and Sub-Saharan
     Africa
     Nancy Folbre

IDP Women/WP-6
     Les syndicats et les travailleuses dans le secteur non structure': le
      cas des travailleuses domestiques a` Recife, Bre'sil et des vendeuses
      sur les marche's a` Ouagadougou, Burkina Faso 
      Marie Anderfuhren et Mamounata Cisse

IDP Women/WP-7
      Organizing Homeworkers in the Informal Sector in Australia, the
      Netherlands and Canada
      Jane Tate

IDP Women/WP-8
      Collective Bargaining and the Promotion of Equality: The Case of South
      Africa
      Catherine O'Regan
      Clive Thompson

IDP Women/WP-9
      El Hostigamiento Sexual en el Empleo
      Que' se ha hecho hasta ahora en Costa Rica?
      Marta Eugenia Solano
      Ana Elena Badilla

IDP Women/WP-10
      The Unionisation of Women Workers in Different Industrial Sectors in
      South Africa
      Catherine O'Regan
      Bee Thompson

IDP Women/WP-ll
      Participation de la Mujer en los Sindicatos de Venezuela 
      Dilcia Balliarche
      Carlos Eduardo Febres


RESOLUTION CONCERNING THE ROLE OF THE ILO IN TECHNICAL COOPERATION

    The General Conference of the International Labour Organization, meeting
at its 80th Session (1993),

    Having undertaken a thorough review of ILO operational activities on the
basis of Report VI entitled "The role of the ILO in technical cooperation",

    Bearing in mind the resolution concerning the role of the ILO in
technical cooperation adopted at its 73rd (1987) Session; the resolution
concerning the role of enterprises in employment growth and the creation of
full, productive and freely chosen employment, adopted at its 79th (1992)
Session; the resolution concerning rural employment promotion adopted at its
75th (1988) Session; the resolution concerning environment, development,
employment and the role of the ILO, adopted at its 77th (1990) Session; and
the resolution concerning adjustment and human resources development, adopted
at its 79th (1992) Session,

    Having regard to the resolution concerning self-employment promotion
adopted at its 77th (1990) Session; the resolution concerning structural
adjustment, industrial relations and economic and social development, adopted
at its 78th (1991) Session,

    Recalling resolutions 44/211 and 47/199 of the United Nations General
Assembly concerning operational activities for development of the United
Nations system, adopted in 1989 and 1992 respectively, its resolution 45/199
proclaiming the Fourth United Nations Development Decade, as well as recent
decisions of the UNDP Governing Council on programme approach, national
execution, and the new support cost arrangements,

    Recalling the plan of action adopted at the Second United Nations
Conference on Least Developed Countries in 1990,

    Recalling Agenda 21 adopted at the United Nations Conference on
Environment and Development in 1992,

    Recalling Consultation (Industrial and National Levels) Recommendation
(No. 113) adopted at its 44th (1960) Session and Employment Policy Convention
(No. 122) adopted at its 48th (1964) Session,

    Reaffirming that the tripartite structure is the unique strength of the
ILO, enabling it to associate workers' and employers' organizations along with
Governments, in a genuine active partnership process which, in turn, broadens
and enriches the operational activities carried out by the Organization,

    Reaffirming the relevancy of the document, noted by the 252nd (March
1992) session of the ILO Governing Body concerning international labour
standards and technical cooperation;

    Adopts the following conclusions and invites the Governing Body of the
International Labour Office to request the Director-General to give due
consideration to them in the formulation, implementation and evaluation of the
technical cooperation programme. 


CONCLUSIONS CONCERNING THE ROLE OF THE ILO IN TECHNICAL COOPERATION


Introduction

1. Technical cooperation should remain a major means of action for the
attainment of the objectives of the ILO, complementing other means of action,
in accordance with its mandate defined in the Constitution, and in the
Declaration of Philadelphia.

2. Technical cooperation should be implemented in accordance with the
objectives of the ILO and the needs and priorities of the recipient countries
and should be confined to the fields central to the ILO's competence, making
full use of its comparative advantages and tripartite structure. The programme
should furthermore focus on the strengthening of national capacities of
developing countries in the fields of ILO competence to help them attain the
goal of self-reliance.

3. Priorities for country-specific ILO technical cooperation activities should
be identified at the country-level by relevant government agencies in close
consultations with the most representative employers' and workers'
organizations and the Office and other donors responsible for substantial
programmes of technical cooperation in the country, as appropriate.

4. In view of the increasingly competitive development environment in which
the Organization has to operate, every possible measure should be taken to
strengthen its unique expertise obtained from its tripartite structure. This
is to be achieved through the allocation of resources to the agreed priorities
through the programme and budget process and the adoption of appropriate
personnel policies supported by a need-based training programme which includes
promotion of understanding of the concerns of the social partners.

5. ILO technical cooperation should be an integral part of the operational
activities for development, and as such should be carried out in full
coordination with the various programmes and agencies in the UN system in
order to avoid unnecessary overlap and duplication, and bearing in mind the
ILO's own distinct objectives and tripartite structure. Particular attention
should be given to General Assembly resolutions 44/211 and 47/199, previously
cited.

6. The Governing Body should intensify its efforts to monitor, review and
evaluate the technical cooperation programme, particularly through its new
Committee on Technical Cooperation. This process should include evaluation of 
the overall programme and specific findings with respect to key programme
areas. Programme evaluation should be based on rigorous methodology approved
by the Governing Body through its appropriate committee. It would be desirable
for the International Labour Conference to undertake a comprehensive review of
the programme at regular intervals, at least every five years.

Objectives and priorities

(a) Substantive priorities

7. In the l990s the ILO technical cooperation programme should focus on three
major areas, namely, support for democratization, poverty alleviation which,
inter alia, includes employment creation, and the protection of workers. They
can be summarized as follows:

    (a) The promotion of democratic and representative institutions based on
a sound and equitable legal framework, consistent with the relevant
international labour standards, should be in the forefront of ILO concerns.

    (b) Full, productive and freely chosen employment is the most effective
means of fighting poverty. Future technical cooperation activities should aim
especially at helping ILO constituents to contribute to the formulation of
economic policies which increase employment, ensure sustainable development
and promote economic growth.

    (c) Human resources development and training for employment continue to
be priority concerns. ILO assistance should increasingly concentrate on
strengthening national capacity to formulate a training policy closely linked
to labour market analysis as well as on encouraging private-sector training,
including training in entrepreneurship and enterprise development and
promoting greater flexibility in public training systems. In this regard
account should be taken of the Conclusions appended to the Resolution
concerning adjustment and human resources development, adopted by the
Conference at its 79th (1992) Session

    (d) In the field of social protection, particular attention should be
paid to the development, reform, and wherever possible the extension of social
security schemes, health care and social safety nets. Greater emphasis should
be placed on improving working conditions, in particular for workers in
hazardous occupations.

    (e) Special attention should be given to the most vulnerable groups,
emphasizing support for the development of employers' and workers' 
organizations, to enable their effective participation in the process of
development.

    (f) The elimination of child labour should be pursued through a
comprehensive approach based on the relevant ILO standards, tripartism,
multidisciplinarity, and gender specificity. The abolition of forced labour
and the protection of migrant workers and disadvantaged groups should be
pursued vigorously.

    (g) ILO assistance for the development of all major components of
national labour administration systems, inter alia, by tripartite labour
inspection evaluation missions should continue to be made available.

8. The promotion of gender equality in all development activities should be a
basic concern of the ILO's technical cooperation programme. The application of
gender-specific performance indicators should be integrated throughout the
ILO's technical cooperation programme. It is essential, taking previous
experiences into account, to ensure the full participation of women in the
planning, design, implementation and evaluation of ILO development programmes
and projects and to incorporate gender-specific criteria at all stages of the
programme and project cycles. In the implementation of the programmes,
particular attention should be paid to the ILO plan of action on equality of
opportunity and treatment of men and women in employment, the resolution
concerning ILO action for women workers adopted at the 78th Session (1991) of
the International Labour Conference and the series of ILO Conventions and
Recommendations designed to combat discrimination based on gender.

(b) Major modalities

9. In order to make the most effective use of the limited resources at its
disposal the ILO should focus its technical cooperation programme on a
selected number of priorities central to its mandate in accordance with the
specific needs of the constituents in the recipient countries and thus
ensuring that the Organization does fewer things better.

10. ILO technical cooperation should help the member States to achieve
progress towards the ratification of ILO conventions and towards better
application of international labour standards. 
11. A renewed effort should be made to promote tripartism. Priority should be
given to providing assistance to strengthen labour ministries and employers'
and workers' organizations. 

12. The ILO should do everything possible within its mandate to consolidate
efforts geared to promoting viable and sustainable economic and social
development of the least developed countries taking account of the programme
of action adopted at the Second United Nations Conference on Least Developed
Countries in 1990.

13. The ILO, in accordance with its mandate, should actively contribute to the
implementation of Agenda 21 adopted in 1992 at the United Nations Conference
on Environment and Development. Particular attention should be paid to the
relevant recommendations of the ILO Tripartite Advisory Meeting on Environment
and the World of Work held in November 1992. Concern for environmental aspects
and impact should be integrated in all technical cooperation. Operational
guidelines should be prepared to ascertain that environmental concerns are
integrated at all stages of the programme and project cycles.

Synergy between international labour standards
and technical cooperation

14. Technical cooperation should not be seen as separate from other means of
action, especially standard-setting and research. They should complement and
reinforce each other in pursuing the ILO's objectives, thus contributing to
development. ILO standards should thus be used as guiding principles for ILO
technical cooperation activities.

15. Sensitization activities on the close complementarity between ILO
standards and technical cooperation should be increasingly directed beyond the
ILO and aim at funds, programmes and agencies in the United Nations system
both at the central and country levels, multi-bilateral donors, international
and regional financial institutions, in particular the International Monetary
Fund and the World Bank, ILO constituents, government officials and
parliamentarians.

16. Within the ILO, the complementarity between ILO standard setting and
technical cooperation needs to be implemented in order to promote economic and
social progress through the ratification and effective application of
international labour standards, in the spirit of positive and constructive
responses to be given to the ILO's constituents, in accordance with the
guidelines noted by the Governing Body at its 252nd Session (March 1992).

17. Greater use should be made of the ILO regular budget and other funds
available for technical cooperation to promote such links between standards
and technical cooperation. 

Promotion of tripartism and social dialogue

18. In order to increase and sustain the democratization process in a growing
number of countries, close consultations with employers' and workers'
organizations on economic and social policy options are necessary. Given this
trend, the ILO must be able to provide advisory services and training as
requested, enabling these organizations to strengthen their capacity to
collect and analyse information, effectively participate in social dialogue,
and to assume their new responsibilities under national execution

19. Every possible measure should be taken to ensure that the social partners
participate in the planning, implementation and evaluation of various
activities under the ILO technical cooperation programme. As appropriate,
special efforts should be made to sensitize constituents to the concept and
application of a tripartite approach

20. Consultations with the UNDP should continue to strongly emphasize
tripartite participation in UNDP-funded technical cooperation activities in
the fields of ILO competence. In this regard, urgent and ongoing actions are
required by both the ILO and the UNDP.

21. Multilateral and multi-bilateral donors should be encouraged to increase
their contributions to programmes directly benefitting workers' and employers'
organizations in the recipient countries.

22. Special efforts should be made by the Office to encourage member States to
ratify and implement the Tripartite Consultation (International Labour
Standards) Convention, 1976 (No. 144), and apply the Tripartite Consultation
(Activities of the International Labour Organization) Recommendation, 1976
(No. 152).

Key management issues

23. Given on the one hand, the many priorities indicated in these Conclusions
and, on the other, the anticipated decline in funding and the clearly
expressed need for the ILO to remain within its mandate, to make use of its
comparative advantage and to do fewer things better, it is important to
further develop a coherent ILO strategy for technical cooperation. Such a
strategy should indicate clear priorities, feasible instruments for their
attainment and a realistic time-frame. This will permit clear criteria for
monitoring of progress by the Governing Body and the Conference and also
ensure optimal use of scarce technical cooperation resources to achieve 
maximum impact. Accordingly, such a strategy document should be presented to
the Technical Cooperation Committee of the Governing Body as soon as possible,
taking due account of the following key management issues.

(a) Funding

24. The ILO should continue to make every effort to ensure a steady and
sufficient flow of resources for its programme, bearing in mind changing
priorities and approaches. Consideration should be given to the best use of
the UNDP Technical Support Services at the Programme Level (TSS1) facility
both as a catalyst and a complement to research and policy advisory work under
the ILO's regular budget. An appropriate amount of funds should be earmarked
for RBTC which should continue to play a key role in the ILO technical
cooperation programme. Priority attention should be given to those ILO
activities central to the core mandate which do not attract sufficient
extra-budgetary funds.

25. As the application of the national execution/implementation modality
progresses, the level of resources made available by UNDP for ILO
execution/implementation is expected to decline. The impact of this resource
decline on the technical cooperation programme should be kept under constant
review by the Governing Body with regular reports being presented to it for
consideration and appropriate action.

26. Efforts should be made to establish and intensify collaboration with new
multi-bilateral donors and with the European Communities, and generally to
make the ILO's technical cooperation programme better understood and valued in
donor and recipient countries alike. Special emphasis should be given to
promoting the comparative advantage of the ILO as a channel for multilateral
programmes, particularly with respect to its potential to ensure cohesion,
complementarity, effective monitoring and evaluation mechanisms.

27. In contrast to stagnation and potential decline in official development
aid flows, a greater amount of resources are being transferred to developing
countries from international and regional financial institutions and,
recently, through private sector flows. These trends are increasingly
influencing economic and social development issues in developing countries
Taking these developments into account, the Office should strengthen its
dialogue with the financial development institutions in close collaboration
with the Organization's tripartite constituents and pursue an active
involvement in all relevant aspects and at appropriate levels of their
operations, in order to promote the full incorporation of social objectives in
the policies and operations of these institutions and to secure funding from
these institutions for the ILO's involvement in those elements of their 
programmes of technical cooperation in which the ILO can offer a comparative
advantage.

28. The concept of partnership should be extended to donors financing the
ILO's technical cooperation activities by (a) the continuance and expansion of
member States seconding expertise at no cost to the ILO technical cooperation
activities; (b) workers' and employers' organizations in developed countries
making expertise and resources available for ILO programmes in respect of
their counterparts in developing countries; and (c) fuller commitment to make
expertise and resources available for technical cooperation among developing
countries (TCDC) and countries in transition.

(b) Coordination

29. As a part of the United Nations system, and with its long experience in
training, the ILO should fully support and contribute to the renewed
system-wide efforts to strengthen national capacities of recipient countries
and to enhance the coherence and impact of the operational activities of the
system as a whole at the country level taking into account national
development objectives.

30. In the pursuance of the new modalities such as national execution,
programme approach, and greater emphasis on policy and programme-level
advisory services, it is important to take full account of the capacities and
needs of the recipient countries. An effective ILO technical cooperation
programme should be conceived and implemented at the country level as a blend
of policy-oriented research, policy advisory services and the
execution/implementation of projects.


31. Care should be taken to ensure that the ILO's principles and concerns are
fully reflected in an integrated UN response at the country level in
accordance with the country objectives to be jointly identified with ILO
tripartite constituents. Programmes must be coordinated carefully with other
programmes delivered by the United Nations system. There must also be careful
coordination with other multilateral and bilateral donor organizations
involved in similar fields of technical cooperation within each recipient
country.

32. The ILO should actively participate in the planned evaluation of the new
UNDP support cost arrangements and keep the Governing Body fully informed of
the outcome. 

     (c) Programme implementation and evaluation

33. There is a continuing need for enhancing the relevance, cost-effectiveness
and impact of technical cooperation, consistent with the General Assembly
resolutions 44/211 and 47/199. In this regard renewed efforts should be made
to strengthen the functions of planning, monitoring and evaluation of all ILO
technical cooperation activities both at headquarters and in the field,
irrespective of their source of financing, within the framework of the active
partnership policy.

34. The ILO should gradually derive project execution and implementation to
the recipient countries themselves as and when they are prepared to assume
such responsibility, while shifting focus to policy and programme level
advisory services. In this process, the national capacity of the recipient
country should be carefully assessed, in consultation with its social partners
and with the funding agency as appropriate.

35. Particular attention should be given to monitoring the degree to which
women are represented as beneficiaries within the ILO's technical cooperation
work, both through programmes specifically directed towards them and through
their participation in general programmes. This question should be the subject
for ongoing consideration by the Governing Body Committee on Technical
Cooperation to ensure that women are represented as fully as possible in all
aspects of technical cooperation. ILO technical cooperation should be carried
out in such a way as to promote the elimination of adverse discrimination.

36. Quality control of the design and formulation of technical cooperation
programmes and projects should remain a major concern. However, good design is
a necessary but not sufficient condition for the success of technical
cooperation activities. Therefore, the ILO should pay closer attention, in
cooperation with its partners, to developing adequate mechanisms for the
identification and planning of programmes and projects at the country level
and for the effective monitoring of their implementation.

37. Considerable experience has been gained from past technical cooperation
activities, hence, there is a need for wide dissemination, both inside and
outside the Organization, of lessons learned and for ensuring that these
lessons are taken into account when planning and implementing future
activities. The ILO's unique position as an integrator of tripartite
perspectives and experience should be stressed.

38. The combination of self-evaluation and independent evaluations is
considered a valid approach. Self-evaluation benefits from the technical
knowledge and experience of those directly responsible for implementation, 
allows for increased accountability and facilitates feedback. Independent
evaluations which utilize outside specialists from the relevant ILO
constituents, add objectivity and credibility to the overall evaluation and
serve to make technical cooperation activities more transparent and
comparable.

39. The long-term impact and the sustainability of technical cooperation
activities should be pursued more systematically by undertaking comprehensive
ex-post evaluations. The results of such evaluations could then contribute to
ensure a more effective use of future aid resources.

40. In order to effectively respond to constantly evolving needs of recipient
countries, a careful examination has to be made to select and assign the most
appropriate expertise, bearing in mind that there is a growing need for
increased use of national and regional experts for short-term assignments as a
means of strengthening local participation aimed at achieving
cost-effectiveness and sustainability.

41. ILO activities for the procurement of equipment and the subcontracting of
services should be carried out in support of its substantive technical
cooperation operations, aiming at providing the most appropriate type and
quality of equipment and services at the lowest possible cost in accordance
with established competitive procedures including also advice to constituents
on market trends and technology, seeking to increase procurement from
developing and underutilized donor countries and training assistance.

42. The ILO International Training Centre in Turin should continue to act as a
key training instrument covering, among others, project-related training
complementary to the technical services provided by other ILO programmes. It
should also contribute to the design and implementation of various training
activities within the United Nations system with particular emphasis on the
ILO's core mandate, and strengthening the management capacity of recipient
Governments and the social partners for technical cooperation and on fostering
effective coordination and teamwork within the UN system itself. The Centre
should also be fully utilized in various stages in the implementation of the
active partnership policy.

43. In its efforts to promote technical cooperation among developing countries
(TCDC), the ILO should focus on providing technical advisory services through
regional, subregional, interregional and global exchanges. It should also
encourage them to make greater effort to mobilize the necessary resources for
self-reliance and equality. 


Active partnership policy

44. An active and meaningful partnership between the ILO's constituents, on a
tripartite basis, and the Office, in particular at the field level, should be
established for the purpose of formulating technical cooperation programmes as
part of an integrated programme covering all areas of action of the ILO for
the benefit of member States.

45. The various elements of the active partnership policy including the
formulation of country objectives and the deployment of multidisciplinary
teams should be vigorously implemented and carefully monitored.

46. The proposed country objectives will provide a framework for the ILO's
operations in a given country. In formulative objectives, full consultations
should be undertaken with the tripartite constituents to ensure that their
priorities and concerns are fully integrated in the objectives so identified.
This would be without prejudice to the policy of the ILO to assist the social
partners directly. The country objectives should contribute effectively to,
and take account of national development plans and priorities and be
coordinated with the country strategy supported by the international
development partners. In drawing up the country objectives particular care
should be taken to ensure that the authorities in the country concerned are
fully committed to taking forward and where appropriate implementing the
conclusions of any projects designed to offer advice on policy or planning.

47. The ILO should increasingly concentrate on the provision of policy advice
and assistance for the development of local capacities for the planning,
monitoring and evaluation of technical cooperation activities. In this
connection the ILO needs to concentrate more on policy-oriented and evaluation
research, and the results achieved through technical cooperation, in addition
to methodological and conceptual research. ILO research and studies should
increasingly be judged a success in terms of their relevance to policy
application. Emphasis needs to be placed both on country-specific studies
carried out at the regional level and on comparative research and analysis
going beyond the geographical boundaries of MDTs, to be performed by
headquarters.

48. The growing complexity of social and economic issues demands a
multidisciplinary approach to the provision of policy advice and other
technical services and the integration of specific disciplines in a practical
approach to development needs. The ILO has already taken various measures to
promote and apply a multidisciplinary approach including the implementation of
inter-departmental projects, the establishment of multidisciplinary teams and
conceptual work being undertaken. This effort should be continued and 
intensified. The ILO should develop its conceptual framework and specific
analytical tools to enable the effective application of multidisciplinarity.

49. Under the authority of the regional director, ILO offices should have
responsibility for the identification of needs, in close consultation with the
tripartite constituency, and for the management of ILO activities in the
countries or subregions they cover, with the technical support of the
multidisciplinary teams, and with appropriate support and overall guidance
from headquarters.

50. The multidisciplinary teams should have clearly defined and structured
objectives, and work plans which would permit evaluation of progress within a
given time-frame. To ensure their most effective functioning, special
attention needs to be given to team composition, coordination and management
as well as training. The location and the composition of the multidisciplinary
teams should be kept under constant review by the Governing Body so that they
may effectively respond to the changing needs of the countries and regions.
Special attention should be given by the Governing Body to ensuring that MDTs
do include skills required to deal with particular issues such as child
labour, social security issues and the transition to market economies.

51. The NDTs should be actively supported by the technical departments,
interacting with headquarters' staff, other MDTs and other organizations
within the United Nations system. As a consequence of the tripartite structure
of the ILO, the employers' and workers' specialists within each MDT should,
while working closely with other members of the team, report to their
respective headquarters' bureau. Maximum collaboration with and use of local
expertise and institutions should be promoted and periodically monitored by
the Governing Body Committee on Technical Cooperation.

52. The progress in the implementation of the active partnership policy should
be periodically reported to the Governing Body and included in overall
evaluation of achievements and impact by the International Labour Conference,
at least every five years. 


    INTERNATIONAL LABOUR OFFICE                       GB.256/12/23
                                                      256th Session

    GOVERNING BODY                                    Geneva,
                                                      27-29 May 1993

    Twelfth item on the agenda

    REPORT OF THE COMMITTEE ON DISCRIMINATION

1. The Committee on Discrimination met on 26 May 1993, chaired by Mr. J.
Pedersen (Government, Denmark). Miss Hak was Employer Vice-Chairman and Mr.
Tapiola Worker Vice-Chairman. On behalf of the Officers of the Committee, the
Chairman regretted the passing away of Mr. Chanaiwa in February 1993, and paid
tribute to his fine personality and to the valuable contribution he had made
to the work of the Committee and of the ILO.

ILO activities for equality of opportunity and treatment of men and women in
employment 

2. The Committee had before it a paper 1/ reporting on equality concerns in
the Programme and Budget proposals for 1994-95, on progress made in the
interdepartmental project on equality for women in employment, and on measures
to increase the participation of women in ILO meetings.

3. The Employer Vice-Chairman welcomed the document: the Employers were
pleased with the first part, which responded to the Employers' request and
provided a good indication of the work being proposed in the Programme and
Budget for 1994-95. The Employers had already expressed their views on the
proposals in the Programme, Financial and Administrative Committee of the
Governing Body. The position of the Employers concerning positive action was
well known, but it was a minority position and her group hoped that more
specific discussion would take place before taking a decision.

4. The Worker Vice-Chairman expressed hope that the present meeting would not
be the Committee's last: there was in any case a need to intensify the work of
the ILO in discrimination issues. He commended the paper prepared by
the Office, which provided a useful clarification regarding follow-up on
equality issues, stressing the need for vigilance, monitoring and supervision.
One major concern was the resource allocation to ensure that the valuable work
done could be effectively pursued. He supported the integration of equality
concerns in the implementation of the active partnership policy and in the
work of the multidisciplinary teams. He trusted that the multidisciplinary
team established in Budapest would be sufficiently equipped to deal with the
situation of women, given the adverse effect that the impact of economic
transition in Central and Eastern European countries was having on women
workers. High unemployment in industrialized countries was also putting
increasing pressure on women. He regretted the postponement to 1994 of the
Tripartite Meeting on Social Security and Social Protection: Equality of
Opportunity between Men and Women, but welcomed the work on sexual harassment.
He fully agreed that the integration of gender concerns in mainstream
activities could be diluted if it was not properly monitored, and an
evaluation of improvements should be made over a period of time. Referring to
the interdepartmental project on equality for women in employment, he
requested further information on work being done on the role of trade unions
in organizing unorganized workers.

5. Referring to the participation of women in ILO meetings, he proposed the
following short list of measures that could be agreed upon: (i) training
targeted at eligible and potential women delegates who have come to national
positions by way of positive action; (ii) actively calling for the appointment
of women as delegates and here he recalled the proposal by the United States
Government to include information on the proportion of women in the workforce
of the respective sector in invitations to industrial committee meetings;
(iii) inviting women delegates to preparatory activities before meetings,
which would have low cost and would positively affect the selection of women
as delegates: the participation of men in such meetings could also be
encouraged; (iv) informal gatherings for women participants, notified in
advance to influence the choice of delegates; (v) inviting women as lecturers
and speakers to meetings; (vi) making child-care facilities available - a
feasibility study would allow careful examination of this issue. There was no
consensus concerning quotas: coercive measures should be avoided, but
discussion on measures concerning the composition of meetings and delegations
should continue.


6. The representative of the Government of Canada was pleased that equality
for women had been placed as the first item on the agenda, and hoped that this
would not be the Committee's last meeting. The paper was good and informative,
and she was pleased with the activities proposed for the next biennium. The
work on sexual harassment was particularly welcome. The importance of this
problem was only now being recognized, and her country had 
gained experience in legislation and guidelines that were useful not only for
the public sector, but also as a model for the private sector. The effects of
structural adjustment programmes on women were also an important issue.
Monitoring and evaluation were essential, and the Committee should be kept
informed on the effect and impact of all activities so as to assess progress
towards equality. As regards the interdepartmental project, job evaluation was
a very important area, as it lay at the root of hidden discrimination and wage
differentials. Affirmative action was needed at some stage in order to help
eliminate obstacles to equality. This was not only a matter of social justice,
but of the sound management of human resources. Concerning the participation
of women in ILO meetings, she supported the proposal made by the Worker
members, with the possible exception of inviting women to preparatory
activities, as this might seem condescending. In fact, all new delegates, both
men and women, could benefit from preparatory activities.

7. The representative of the Government of Denmark thanked the Office for the
paper and confirmed the support of his Government for ILO action on equality
for women. He underlined the need to take all possible measures to ensure that
equality concerns were effectively included in the work of the
multidisciplinary teams. He also supported the integration of equality issues
in the three new interdepartmental projects to be implemented in the coming
biennium. Interdepartmental projects had an important role in creating a new
way of thinking in the Office, and their effect should therefore last longer
than the two years in question. His country's position regarding positive
action was well known, and although he could accept all the proposals made in
paragraph 29 of the paper to increase the participation of women in ILO
meetings, which were in line with the resolution adopted in 1991, everything
could not be done at once. He therefore supported the proposal by the Worker
members, with the exception raised by the representative of the Government of
Canada. The financial implications of such measures could be covered from
travel. While the idea of quotas raised some difficulties, this was not a
valid reason to reject further discussion of it. If no significant progress
took place, measures concerning changes in the organizational structure and
functioning should be discussed again.

8. The representative of the Government of Germany welcomed the Office paper,
which he considered concise and accurate, and which contained valuable
information and important statements. Focusing on measures to increase the
participation of women in ILO meetings, some proposals could be implemented,
while others were not appropriate for international organizations. Measures
should be restricted to appeals to Governments and to employers' and workers'
organizations which sent delegations. Mandatory measures were not applicable,
as quotas would create difficulties for recognizing delegations when they were
not met. The measures identified in paragraph 29(b) were interesting, but not 
sufficient. Even including equality issues in the agenda of meetings had not
resulted in greater numbers of women participants, as had been seen at the
last session of the Standing Technical Committee for Health and Medical
Services, where none of the Officers were women, despite the high numbers of
women in medical and health services. He shared the misgivings of inviting
only women to preparatory activities, which could be useful for both men and
women delegates participating for the first time. An enquiry should be made to
assess the demand for child-care facilities from delegates coming from abroad.

9. The representative of the Government of the United States reiterated the
support of his Government for activities for the promotion of equality for
women and expressed appreciation for the Office's efforts. The
interdepartmental project would serve to break down barriers between
departments, and this should have a permanent effect.

10. The representative of the Government of Chile expressed strong support for
the Office's efforts to promote equality for women. The paper provided a good
basis for discussion. She supported the multidisciplinary approach adopted,
and requested that countries be kept informed of progress made by the
multidisciplinary team. With regard to measures to increase the participation
of women, there was a need to define a clear system for monitoring and
reporting and to ensure accountability. Sensitizing and lobbying men and women
decision-makers could start immediately, and could be pursued effectively
during the International Labour Conference. Statistics on men and women
delegates could be compiled, and discussions for women to exchange their views
could be organized during Governing Body meetings and the International Labour
Conference. More concrete proposals could be more easily implemented.

11. The representative of the Government of Argentina joined other speakers in
commending the work done by the Office. Equality issues were of extreme
importance, and multidisciplinary teams should contain experts in women
workers' questions. The ILO should actively contribute to the Fourth World
Conference on Women, to be held in Beijing in 1995, and to its preparatory
activities. Positive action was needed, as women were in a situation that
required specific attention. He cited measures recently adopted in his country
to ensure that 30 per cent of candidates on lists for elections were women. He
supported all the concrete measures proposed in paragraph 29 of the Office
paper.

12. A Worker member (Mr. Blondel) stressed the importance of the work of the
Committee on Discrimination on this issue, which should be considered by the
Working Group on Improvements in the Functioning of the Governing Body. He
recalled the important role that trade unions could play in protecting women 
in the unorganized sectors. Regarding the participation of women in ILO
meetings, quotas could function for some Governments but would pose problems
to others, as they would to the Workers' group. The level of interest in
child-care facilities should be determined, not only among delegates attending
meetings but also among Office staff. As delegates only came from time to
time, child-care facilities would need to exist already and be temporarily
expanded at the time of meetings.

13. The representative of the Government of the United Arab Emirates indicated
his Government's support for all efforts made to advance towards equality
between men and women, and in particular to the proposals contained in the
report. Some proposals should be looked at in greater detail to ensure its
effectiveness. The International Forum on Equality for Women in a Changing
World: Challenges for the Future would perform important work that would have
to be supported to continue the achievements for the Office in this area.

14. The Worker Vice-Chairman reiterated his group's interest in the
composition of the multidisciplinary teams: he assumed that some of them would
be headed by women. Regarding pre-Conference events for women, trade unions
had international experience that this had a positive effect on the
involvement of women. Such preparatory activities were useful for discussing
the equality aspects of issues dealt with at the International Labour
Conference and other ILO meetings, for example, part-time work at the
forthcoming Conference. He recalled that child-care facilities were intended
not only for women but for all delegates, and suggested that concrete options
be explored, including the question of such facilities for the staff.

15. The Employer Vice-Chairman remarked that, regarding preparatory meetings,
such had already been done. In the case of sectoral meetings, for example, the
day before the meeting was devoted to meetings to introduce the ILO.
Employers' delegates received information from their international
organizations and in their own country on sectoral and other meetings and on
the Conference work. It was the responsibility of the tripartite national
delegations to explain the functioning of the ILO. She was not opposed to
information sessions, but these should be open to all delegates and advisers.
Regarding child-care facilities, she noted that the ILO had some facilities
outside its premises. Nothing prevented the ILO from considering such a
possibility within its premises. On the question of financial arrangements,
some examples of how costs could be shared were given in the Conditions of
Work Digest published by the ILO. The Office should study the issue and
produce some concrete proposals. 

16. A Worker member (Mrs. Carr) expressed concern at the composition of the
multidisciplinary teams and their ability to deal effectively with equality
concerns. Women should not only fill the posts of advisers on women workers'
questions, as this would be discriminatory in itself. Women should also be
appointed as specialists in other areas and should head some multidisciplinary
teams.

17. A representative of the Director-General (Ms. Ducci, Special Adviser on
Women Workers' Questions), responding to the questions raised, explained that
an overall strategy was foreseen to address equality issues in the mainstream
of the work of the multidisciplinary teams. Regional directors and team
leaders were responsible for this, and specialists on women workers' questions
had been placed in four multidisciplinary teams, one in each developing
region. In accordance with ILO policy, all staff were responsible for
integrating equality concerns in their respective work. In each
multidisciplinary team, specialists in particular areas would also play an
important role in promotion equality: in Budapest there would be no specialist
on women workers' questions for the time being, but a woman had been appointed
as a specialist in employment and would be in a good position to cover
equality concerns. A woman had been appointed Director of the Caribbean
multidisciplinary team, and special efforts were being made to appoint more
women as specialists in various areas of multidisciplinary teams. Measures to
increase the participation of women in ILO meetings had received general
acceptance, and their implementation would require action not only by the
Office but mainly by constituents themselves. She invited Ms. Date-Bah,
manager of the interdepartmental project on equality for women in employment,
to provide detailed information on the work done on the role of trade unions
in organizing unorganized workers.

18. The Chairman thanked the members of the Committee for their valuable
contributions. Summing up the discussion, the Chairman concluded that there
was a consensus on a number of proposals contained in paragraph 29 of the
paper presented by the Office.

19. The Crux recommends the Governing Body 

(a) to call on ILO constituents 

(i) to appoint more women as participants in ILO meetings; 
(ii) to sensitize and lobby men and women decision-makers on equality issues; 

(iii) to inform, prepare and train more women for participation and
leadership; 

(b) to request the Director-General 

(i) to invite women speakers and lecturers to ILO meetings;

(ii) to invite men and women participants in ILO meetings to

preparatory activities immediately before meetings;

(iii) to organize informal gatherings for women participants during meetings; 
(iv) to conduct further studies on arrangements for child-care facilities
during ILO meetings. 

    1/    GB.256/CD/1/3.


                             PART II

Supplementary information on the following countries whose
reports are on the agenda of the thirteenth session


               - Barbados
               - Colombia
               - Ecuador
               - Guatemala
               - Guyana
               - Japan
               - Libyan Arab Jamahiriya
               - Madagascar
               - Netherlands
               - New Zealand
               - Norway
               - Senegal
               - Zambia


 REPORT OF THE INTERNATIONAL LABOUR OFFICE UNDER ARTICLE 22 OF THE CONVENTION
       ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN
                  (Thirteenth Session of CEDAW)

                            Barbados

  (Also see the ILO report for the eleventh session of CEDAW.)

Relevant ILO Conventions ratified by Barbados

    Barbados has ratified the following ILO Conventions, which deal
specifically with women or contain provisions dealing specifically with women:

- Equal Remuneration Convention, 1951 (No. 100) (ratified in 1974);

- Discrimination (Employment and Occupation) Convention, 1958 (No. 111)
(ratified in 1974);

- Employment Policy Convention, 1964 (No. 122) (ratified in 1976).

Supplementary information available to the ILO

1. Equality of remuneration

    In 1993, the Committee of Experts on the Application of Conventions and
Recommendations made, inter alia, the following observation on the application
of the Convention on Equal Remuneration, 1951 (No. 100), ratified in 1974:

    "The Committee had requested the Government to provide full information
on the numbers of men and women employed in the various wage categories and to
furnish any job descriptions adopted for those wage categories which did not
indicate the jobs actually performed. It had also requested the Government to
supply information on the measures taken, either alone or in cooperation with
the social partners, to ensure the application of the principle of equal
remuneration for work of equal value to men and women in the sugar industry
and on the methods used to evaluate and classify jobs in the industry. 

    In its latest report, the Government states that it is not the practice
to use gender as a basis for determining rates of remuneration in the country;
and that jobs are analysed and rates of pay are determined on the basis of
such criteria as the time spent on the job, the skills and qualifications
required and job evaluation with the guidance of the ILO Standard Occupational
Classification and the Barbados Standard Occupational Classification. The
Government adds that the difference in pay between men and women in the sugar
industry in based only on nomenclature and that, at the request of the
Government, the parties to the 1983 collective agreement changed the relevant
titles and reflected this change by stating in the agreement that 'where men
and women perform identical duties, they will receive equal pay'. The
Government also states that the question of vague job descriptions for general
workers is expected to be addressed shortly when new management takes over the
sugar industry.

    The Committee takes due note of these indications. However, as the
Committee has stated previously, the sex-differentiated job categories and
wage rates established in the 1982 Order have evidently been maintained in the
collective agreements concluded since that time, despite the removal of the
references to sex in the classification of posts. Information which would
suggest otherwise has not been made available. The repeated requests of the
Committee have not elicited information either on the respective number of men
and women occupying the relevant posts or on any measures taken to evaluate
and reclassify those jobs, using non-discriminatory criteria. Moreover, the
principle of equal pay, proclaimed in the 1984-85 agreement for the sugar
industry, merely covers equal remuneration for persons performing 'equal work'
(which is apparently tantamount to having identical duties), but falls short
of the principle of the Convention, under which men and women shall be paid
equal remuneration for work of equal value, implying a comparative evaluation
of work of a different nature.

    The Committee has also noted that no information has been provided on the
other matters raised by the Committee in its previous observations, i.e. the
progress of the Employment and Related Provisions Bill, which was to embody
the principle of equal remuneration in terms similar to those of the
Convention and measures taken to apply the Convention in practice, and in
particular to monitor its implementation. 

    In these circumstances, the Committee again expresses the hope that the
Government will take measures, in cooperation with the social partners, to
ensure that the principle of the Convention is applied in full. In this
regard, it urges the Government to consider the possibility of embodying the
principle of equal remuneration for work of equal value in legislation
applicable to all workers. It also hopes that strenuous efforts will be made
to respond to the Committee's concerns in regard to the application of the
principle in the sugar industry. The Committee again requests the Government
to supply, in its next report, full and detailed information on any job
descriptions adopted for those wage categories which do not indicate the work
actually performed and on the methods used to evaluate and classify posts in
this industry. Having taken account of the evident difficulties being faced in
the application of the Convention, the Committee recalls its 1990 general
observation, where it invited Governments to consider the possibility of
requesting advice and technical cooperation from the International Labour
Office " . 

2. Equality in employment

    In 1993, the Committee of Experts on the Application of Conventions and
Recommendations made the following observation on the application of the
Discrimination (Employment and Occupation) Convention, 1958 (No. 111):

    "The Committee recalls that, following the Government's earlier
indication on the unlikely prospect of adoption of the Employment and Related
Provisions Bill, prepared in 1978 in order to give effect to the Convention,
the Committee has requested information on measures taken, including any
legislative provisions adopted, to apply the Government's declared policy of
non-discrimination against women and to prohibit discrimination in employment
and occupation in accordance with the Convention. The Committee trusts that
the Government will be able in its next report to indicate further progress in
this field".

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


REPORT OF THE INTERNATIONAL LABOUR OFFICE UNDER ARTICLE 22 OF THE CONVENTION
ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN
(Thirteenth session of CEDAW)

Colombia

Relevant ILO Conventions ratified by Colombia

    Colombia has ratified the following ILO Conventions, which deal
specifically with women or contain provisions dealing specifically with women:

    -    Maternity Protection Convention, 1919 (No. 3) (ratified in 1933);
    -    White Lead (Painting) Convention, 1921 (No. 13) (ratified in 1993);
    -    Equal Remuneration Convention, 1951 (No. 100) (ratified in 1953;
    -    Discrimination (Employment and Occupation) Convention, 1958
         (No. 11) (ratified in 1969).

Information available to the ILO since the date of the first report submitted
by the Government

1. Equal remuneration 
    
     In 1992, the Committee of Experts on the Application of Conventions and
Recommendations made, inter alia, the following direct request regarding the
application of the Equal Remuneration Convention, 1951 (No. 100):

"The Committee notes that according to the decision of the

    Supreme Court referred to by the Government in its report, article
143 of the Labour Code cannot be interpreted as covering equal
remuneration for work of equal value, as provided in the
Convention. Consequently, the Committee hopes that the Government
will take the necessary steps to amend article 143 of the Labour
Code so that it clearly provides for equal remuneration for work
of equal value".

2. Equality in employment

    In its 1992 report on the application of the Discrimination (Employment
and Occupation) Convention, 1958 (No. 111), the Government announced the
adoption of a new constitution in 1991 which states:

    "Article 13. Everyone is born free and equal before the law and shall
receive the same protection and treatment by the authorities and enjoy the
same rights, freedoms and opportunities without discrimination based on sex,
race, national or family origin, language, religion, political opinion or
philosophy. The State shall promote conditions to ensure genuine and effective
equality and shall adopt measures to protect disadvantaged or marginal groups.

    The State shall afford special protection to persons whose economic,
physical or mental condition places them in circumstances of manifest
disadvantage and shall punish abuses or maltreatment to which they are
subjected.

    Article 25. Work is a right and a social obligation and shall, in all its
forms, enjoy special protection by the State. Everyone has a right to work in
decent and fair conditions".

    Moreover, article 53 states that, in accordance with the minimum basic
principles, the Labour Statute should provide equality of opportunity for
workers and special protection for women, maternity and juvenile workers,
inter alia.

    Furthermore, the Government reports cases in some enterprises of
discrimination against women, particularly women of childbearing age, in
matters of maternity leave despite the efforts of the Ministry of Labour and
Social Security to prevent such discrimination through inspections and
surveillance. The Government adds, however, that there has been an increase in
the percentage of women who are economically active: in 1964 it amounted to 10
per cent, in 1973, to 16 per cent and in 1985, to 33 per cent. It is expected
to reach 42 per cent by 1995.

    In 1993, the Committee of Experts on the Application of Conventions and
Recommendations made, inter alia, the following observation:

    "Discrimination based on sex. With regard to the comments of the Labour
Federation (Central Unitaria de Trabajadores (CUT)) in 1989 on discriminatory
practices based on sex, such as requiring a negative pregnancy test before
hiring a woman, lower wages for women and no protection against sexual
harassment, the Committee notes with interest the Government's announcement
that the Ministry of Labour and Social Security is going to send up a bill
that will expressly prohibit the practice of requiring a pregnancy test before
considering a woman for employment and is also going to distribute a circular
to labour inspectors instructing them to see to it that there is no
discrimination based on sex and no sexual harassment. The Committee hopes that
the bill will be enacted and the circular sent out as soon as possible and
requests the Government to supply copies of both when they become available.

    The Committee once again expresses the hope that the Government will
submit information concerning the practical application of decree No. 1398 of
1990, which is aimed inter alia at eliminating discrimination against women in
employment and provides for the inspection and surveillance of education and
training".

3. Maternity protection

In its 1992 report on the application of the Maternity Protection

Convention, 1919 (No. 3), the Government offers the following information:

    "As things stand, our labour regulations provide that women workers
'shall be entitled to 12 weeks of leave, provided that such leave shall begin
at least two weeks prior to confinement'. When the leave begins prior to
confinement, the remaining ten (10) weeks shall be taken after confinement,
thus fully complying with subparagraph (a) of article 3 of the Convention
which states that women shall not be allowed to work for six weeks following
confinement' (underscored out of context). Thus, there would be a grace period
of at least four (4) weeks.

    However, from the practical point of view, we cannot ignore the fact that
the general rule for both government and private employees is that leave, or
better yet, incapacity certified by a doctor for reasons of maternity, does
not begin until the date of confinement. In special circumstances
(complications in the pregnancy) occurring prior to the date of probable
confinement, it is common practice for the attending physician simply to
certify an incapacity for work for the days he deems necessary. Thus, the 
woman worker has twelve (12) full weeks from the time of confinement to be
with and to care for her child.

    With regard to granting a weeks' leave to the spouse or permanent
companion of the woman worker, the Labour Committee's rule is clear: the
subparagraph of article 34 of decree No. 50 of 1990 states that the woman
worker who takes paid leave when her child is due may reduce the period of
leave to eleven (11) weeks and cede the remaining week to her spouse or
permanent companion so that the latter may be present to take care of her when
the child is born".

    In 1993, the Committee of Experts on the Application of Conventions and
Recommendations made the following observation:

    "With reference to its previous comments on the territorial scope of the
social security system, the Committee has noted with interest that a bill that
introduced substantive changes in the social security system will be put
before the Congress at its current session. The Committee hopes that the bill
will be passed in the near future and will extend the scope of the system,
particularly maternity protection, to the entire country and to all workers
covered by the Convention. The Government is requested to report on the
progress made towards that goal". 

REPORT OF THE INTERNATIONAL LABOUR OFFICE UNDER ARTICLE 22 OF THE CONVENTION
ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN
(Thirteenth session of CEDAW)

Ecuador

(Also see the ILO report for the eighth session of CEDAW.)

Relevant ILO Conventions ratified by Ecuador

    Ecuador has ratified the following ILO Conventions, which deal
specifically with women or contain provisions dealing specifically with women:

    -    Underground Work (Women) Convention, 1935 (No. 45) (ratified in
         1954);
    -    Equal Remuneration Convention, 1951 (No. 100) (ratified in 1957);
    -    Maternity Protection Convention (Revised), 1952 (No. 103)
         (ratified in 1962);
    -    Discrimination (Employment and Occupation) Convention, 1958
         (No. 111) (ratified in 1962);
    -    Employment Policy Convention, 1964 (No. 122) (ratified in 1972);
    -    Maximum Weight Convention, 1967 (No. 127) (ratified in 1969);
    -    Human Resources Development Convention, 1975 (No. 142) (ratified
         in 1977).

Information available to the ILO since the date of the Government's initial
report 

1. Equality of remuneration 

    In its 1991 report on the application of the Equal Remuneration
Convention, 1951 (No. 100), the Government supplied the following information:

    "Article 78 of the Labour Code, which provides for equal pay for equal
work without discrimination based on sex plainly guarantees that sex does not
enter into consideration in determining wages. Ecuadorian legislation is
therefore in compliance with article l(b) of the Convention and should be so
construed by the Committee of Experts since differences in rates of
remuneration determined as a result of an evaluation without regard for sex
cannot be contrary to that principle.

    On the other hand, with regard to article 2 of the Convention, job
evaluation can never force workers to justify their performance because that
would be violating the constitutional rule mentioned earlier, which expressly
prohibits all forms of discrimination.

    In practice, job evaluation is becoming the rule in the government
administration and in private enterprises. The hope is that it will gradually
become more objective and technically efficient.

    The phrase 'equal remuneration for work of equal value' should not be
regarded as restrictive, that is, as applicable to 'identical jobs', as
suggested by the Committee of Experts, in order for them to be considered of
equal value; it is sufficient for them to be 'similar' in essence".

    In 1992, the Committee of Experts on the Application of Conventions and
Recommendations made, inter alia, the following direct request:

    "In the circumstances, the Committee hopes that the Government will take
the necessary steps to modify the substance of article 78 of the Labour Code
so that it will provide expressly that equal remuneration should apply also to
work of a different nature but of equal value in conformity with the
Convention. The Committee requests the Government to indicate the steps it has
taken to that end in its next report".

Equality in employment

    In its 1991 report on the application of the Discrimination in
(Employment and Occupation) Convention, 1958 (No. 111), the Government
provides the following information: 

    "The agencies of the Government have taken firm action to bring about
reforms aimed at reclaiming the rights of women in conformity with the spirit
of the Political Charter. Among them are such drastic changes as the recent
passage of the law revising the Civil Code, or the bill to overhaul the
Business Code, which would afford Ecuadorian women access to new fields of
economic activity previously closed to them. That was the spirit in which
article 11 of the law on cooperatives was conceived; its paragraph (c)
entitles married women to membership in any cooperative with no restrictions.
But the revision of article 11 of the law on cooperatives effective through
Supreme Decree No. 3688-A and published in Official Register No. 892 of 9
August 1979, turned out to be a step backward in the progressive trend
referred to above. It deleted the reference to married women and provided that
membership in cooperatives was open to (a) those with civil capacity to enter
into contracts and other obligations; (b) minors under 18 and persons under
guardianship or tutorage must apply for membership through their legal
representatives. The result has been that now married women who are not
separated or excluded from owning property must obtain permission from their
spouses before they can belong to housing, farming or family truck garden
cooperatives and, in general, cooperatives in which they acquire property.

    That restriction violates article 19, paragraph 5, of the Constitution
and must be removed in order to bring the law on cooperatives into line with
the fundamental law of the State, which commands equality before the law and
prohibits all forms of discrimination based on race, colour, sex, language,
religion, political or other affiliation, social origin or economic status or
birth. It clearly stipulates that women, irrespective of their civil status,
have the same rights as men in all spheres of public, private and family life
and especially, in civil, political, social and cultural life. We have
therefore drafted and are seeking passage of the bill to revise the law on
cooperatives and the Business Code".

    In its 1993 report, the Government indicated that the necessary
legislative provisions have not yet been adopted.

    With regard to women's and grass-roots organizations, the Government
supplies the following information: 

    "The Ministry of Social Welfare, through the Women's National Council
(DINAMU), in addition to promoting training and productive projects, intends
to strengthen women's and grass-roots organizations. To that end, it is
offering support, training and advice in the creation of new organizations and
working with the legal department to get them recognized as legal persons. The
mechanism chosen is direct contact with concerned women to discuss objectives
that will induce them to become members. In this campaign of institutional
strengthening, support has also been extended to established women's
organizations by initiating or encouraging specific projects in both the urban
and rural sectors.

    With regard to the 1991 request of the Committee of Experts on the
Application of Conventions and Recommendations about the action taken by the
Ministry of Social Welfare for the advancement of the indigenous population
and for the implementation of the principle of equality of opportunity and
treatment, the Ecuadorian Government is complying with its obligation by
reporting to the Committee that the Under-Secretariat for Rural Development, a
division of the Ministry, has launched a powerful strategy in the form of a
National Plan for Rural Development, PROMADER. The objectives of the Plan were
to increase production and productivity in the rural areas, to raise the
levels of employment and income and the standards of living, to improve the
road, irrigation and marketing infrastructure, to promote the participation of
the farming community and to strengthen its organizations, to encourage better
use and conservation of natural resources and to reinforce institutional
capacity for planning and execution. The investment made in rural development
between 1988 and 1992 came to $53,073 million".

3. Employment policy

    In its 1993 report on the application of the Convention on Employment
Policy, 1964 (No. 122), the Government supplied, inter alia, the following
information:

    "With regard to employment programmes, the Government observes that given
the scope and complexity of the problems of Ecuadorian women, the Ministry of
Social Welfare, through DINAMU, is trying to promote productive projects
primarily employing women from marginal urban and from rural areas. The
projects directed at women living in the poorest areas include those designed
to convey competence in the use of appropriate technologies, credit 
management, administrative skills, access to land and other productive
resources, as well as:

    (1) in the suburban sector: clothing manufacture, establishment of toy
and ceramics workshops in a women's prison (Manabi Province); opening of a
dressmaking shop in Guayas; establishment of bakery, pastry and sweets and
homemade chocolate shops (Guayaquil canton);

    (2) in the rural sector: the integrated development project (DRI-Mujer)
enabled rural women to become self-sustaining by producing improved guinea
pigs, potatoes, honey, fattened chickens, etc."

4. Human resources development 

    In its 1993 report on the application of the Convention on Human
Resources Development, 1975 (No. 142), the Government stated that the Ministry
of Social Welfare, through DINAMU, has promoted action to stimulate greater
participation by women in social, economic, political and cultural affairs
during the period 1988-1992. In addition to a number of roundtables and
forum-panels on questions relating to women (illiteracy of farm and indigenous
women, health, politics, violence), 26 events and training courses were
offered for representatives of the Latin American women's movement, leaders
and heads of women's organizations, community activists, representatives of
local and grass-roots organizations. The events included the first gathering
of black women.

    Through these activities, the Ecuadorian Vocational Training Service
(SECAP) provided instruction and training in 1991 to 18,491 women, and the
same year, under the Workers' Training Programme, to 36,065 women, mainly in
small family production units which consist largely of women heads of
household.

5. Maternity protection 

    In its 1992 report on the application of the Maternity Protection
Convention (Revised), 1952 (No. 103), the Government stated that:

    "With a view to bringing national legislation into line with the
provisions of article 4(1) of Convention No. 103, and considering that Law No.
133 of 21 November 1991 extended the period of maternity leave from 8 to 12
weeks, the Executive Council of the Ecuadorian Social Security Institute
issued resolution No. 783 of 14 April 1992 amending article 97, subparagraphs
B and D of the Codified Statute of the Institute. The amendment extended the
maternity cash benefit to twelve weeks or the equivalent of 75 per cent of the
worker's final remuneration (paragraph B). Moreover, full medical care for the
child during the first year of life, which previously did not allow a benefit
for drugs, now included that benefit (paragraph D).

    It should also be noted that the above-mentioned resolution provides that
the maternity cash benefit covering the additional four weeks should be paid
in full by the Ecuadorian Social Security Institute to workers who acquire
that entitlement from the date when the Labour Code reforms take effect.

    These amendments obviously benefit all working women, that is, those
entitled under the compulsory social security system, including domestics, as
well as those protected by rural social security.

    In addition, the National Congress was requested to consider and send up
a number of labour reforms that expressly include a provision extending the
leave previously authorized to the actual date of confinement without reducing
the post-natal leave period, thus bringing the legislation into line with
national practice and article 3(4) of the Convention. Unfortunately, and
despite many efforts to amend it by Law No. 133 of 21 November 1991, this
change was not included in the Labour Code".

6. Maximum weight

    In its 1974 report on the application of the Maximum Weight Convention,
1967 (No. 127), the Government supplied the following information:

    "The labour legislation places specific restrictions on the employment of
women and minors in the transport of loads, establishing a maximum weight
considerably lower than that allowed for adult male workers, thus effectively
reducing the employment of women and juveniles in the manual transport of
loads". 

REPORT OF THE INTERNATIONAL LABOUR OFFICE UNDER ARTICLE 22 OF THE CONVENTION
ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN
(Thirteenth session of CEDAW)

Guatemala

(Also see the ILO report the twelfth session of CEDAW.)

Relevant ILO Conventions ratified by Guatemala

Guatemala has ratified the following ILO Conventions, which deal
specifically with women or contain provisions dealing specifically with women:

    -    White Lead (Painting) Convention, 1921 (No. 13) (ratified in
         1990);
    -    Underground Work (Women) Convention, 1935 (No. 45) (ratified in

         1960);
    -    Night Work (Women) Convention (Revised), 1948 (No. 89) (ratified
         in 1952);
    -    Equal Remuneration Convention, 1951 (No. 100) (ratified in 1961);
    -    Maternity Protection Convention (Revised), 1952 (No. 103)
         (ratified in 1989);
    -    Discrimination (Employment and Occupation) Convention, 1958
         (No. 111) (ratified in 1960);
    -    Employment Policy Convention, 1964 (No. 122) (ratified in 1988);
    -    Maximum Weight Convention, 1967 (No. 127) (ratified in 1983).

Additional information available to the ILO since the ILO report to the
twelfth session 

1. Equal remuneration 

         The following amendments, inter alia, have been made to the Labour
Code (decree No. 1441) in virtue of decree No. 64-92 of 3 December 1992
with respect to the application of the Equal Remuneration Convention,
1951 (No. 100):
     
         "Article 3. Article 89 is amended to read as follows:
         Article 89. The wage level for each category of work shall
         be established taking into account the intensity and quality of
         the work, the climate and living conditions.
         Equal wages shall be paid for equal work performed on the
         job under equal conditions of efficiency and length of service in
         the same enterprise and shall determine the remuneration given the
         worker in exchange for his/her regular work.
         In responding to the complaints from women workers of wage
         discrimination based on sex, the employer shall have to
         demonstrate that the work performed by the complainant is of
         inferior quality and value".

2. Equality in employment 

    With regard to the application of the Discrimination (Employment and
Occupation) Convention, 1958 (No. 111), the above-mentioned decree No. 1441
introduces the following amendments, inter alia, in the Labour Code:

"Article 11. Article 151 is amended to read as follows:

Article 151. Employers shall be prohibited from:

    (a) Including, in announcing their offers of employment through any
medium, a specific requirement that applicants for the position must state
their sex, race, ethnic group and civil status unless the nature of the work
is such as to require a person with specific characteristics. In the latter
case, the employer must request authorization from the Labour Inspectorate and
the National Office for Women. 

    (b) Differentiating between single and married women and/or women with
family responsibilities for purposes of performing the work".

3. Maternity protection

    With regard to the application of the Maternity Protection Convention
(Revised), 1952 (No. 103), the following amendments, inter alia, have been
made in the Labour Code in accordance with the aforementioned decree No. 1441:

"Article 11. Article 151 is amended to read as follows:

Article 151. Employers shall be prohibited from:

    (c) Dismissing women workers during their pregnancy or nursing periods;
they shall not be subject to dismissal except for justified reasons arising
from gross non-performance of the duties specified in the contract, as
provided in article 177 of this Code. In that event, the employer shall argue
the case for dismissal before the labour courts, where he shall have to prove
that the dismissal was warranted by such non-performance and he shall be
precluded from enforcing it without express authorization in writing by the
court in order to exercise her right to reinstatement in her job and to
reimbursement for loss of earnings during the period in which she was
unemployed.

    (d) In order to qualify for the protection described in the previous
paragraph, the woman worker must notify her employer of her condition. From
that moment, she will enjoy provisional protection; for permanent protection
she must submit a medical certificate within the following two months
confirming that she is pregnant.

    (e) Requiring pregnant women to perform work demanding considerable
physical strength during the three months prior to confinement".

"Article 12. Article 152 is amended to read as follows:

    Article 152. Working mothers shall be entitled to leave paid at the rate
of 100 per cent of their earnings during the thirty days preceding confinement
and the 54 days following confinement. They shall be entitled to accumulate
the days that cannot be used prior to confinement and add them to their post
natal leave period. Thus, working mothers will actually have eighty-four (84)
days of leave during this period: ... (a)-(f) " . 

"Article 13. Article 153 is amended to read as follows:

    Article 153. Women workers who are nursing shall be entitled to half an
hour in the workplace twice during the working day for the purpose of feeding
their children. They may accumulate the two half hours to which they are
entitled and come to work one hour after the workday has started or leave one
hour before it ends for purposes of nursing their children, sons or daughters.
They shall be remunerated for that hour and failure of the employer to comply
with this obligation will be duly penalized.

    The nursing period should be calculated beginning the day the mother
returns to work and should last ten (10) months after that day, subject to a
doctor's order to extend it".

    In 1993, the Committee of Experts on the Application of Conventions and
Recommendations made, inter alia, the following direct request:

    "Article 1 of the Convention. Article 27 of the organic law of the
Guatemalan Social Security Institute (IGSS) and the Rules governing sickness
and maternity protection (IGSS agreement No. 410), article 3, provide for the
gradual extension of the social security system to different geographical
areas and different categories of workers and employers. Article 80 of the
Rules calls for extension of the system and IGSS coverage through separate
agreements that will specify the places or geographical areas and the
modalities for implementing the agreements. The Committee requests the
Government to supply information relating to the extension of coverage of the
social security system both geographically to the different departments and
regions of the country and to the different categories of workers concerned
(especially women workers in the public sector, agriculture, transportation
and domestic workers). The information should indicate the steps taken or
planned to extend coverage to all women workers protected by the Convention
throughout the national territory.

    Article 4, paraqragh 1. Article 34 of the Rules governing cash benefits
(IGSS decree No. 468) provides for a reduction in the pre-natal period during
which cash benefits will be paid in case of a premature birth. The Committee
wishes to point out for the attention of the Government that, in certain
cases, the effect of reducing that period might be that the total period
during which cash benefits are paid would be shorter than the 12 weeks
provided in the Convention.

    Article 4 paragraphs 4. 5 and 8. The Committee notes that in application
of article 10 of chapter I of the IGSS organic law and pending extension of
the social security system to the whole of the national territory, women
workers who are not covered should receive a minimum benefit in cash or in
kind from their employers. In any case, employers are specifically obligated
to pay them wages for the period of their maternity leave in compliance with
article 152(b) of the Labour Code. Furthermore, under article 23 of the Rules
on cash benefits, women workers covered by social security who fail to meet
the requirement of a previous contributory period shall nonetheless be paid
their regular wages. In that connection, the Committee recalls that under
article 4, paragraphs 5 and 8, of the Convention, women who do not qualify for
benefits shall be entitled to receive adequate benefits out of public
assistance funds and in no case shall the employer be personally obligated to
pay the benefits owed to the women he employs". 


REPORT OF THE INTERNATIONAL LABOUR OFFICE UNDER ARTICLE 22 OF THE CONVENTION
ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN
(Thirteenth session of CEDAW)

Japan

(Also see ILO report for the seventh session of CEDAW.)

Relevant ILO Conventions ratified by Japan

    Japan has ratified the following ILO Conventions, which deal specifically
with women or contain provisions dealing specifically with women:

    -    Underground Work (Women) Convention, 1935 (No. 45) (ratified in
         1956);
    -    Equal Remuneration Convention, 1951 (No. 100) (ratified in 1967);
    -    Employment Policy Convention, 1964 (No. 122) (ratified in 1986);
    -    Human Resources Development Convention, 1975 (No. 142) (ratified
         in 1986).

Supplementary information available to the ILO since the ILO report submitted
to the seventh session 

1. Equality of remuneration 

    In its report of 1989 on the application of the Equal Remuneration
Convention, 1951 (No. 100), the Government declared that the difference
between the starting salaries for male and female senior high school graduates
did not necessarily imply a violation of the principle of equal remuneration,
since it could be explained by different occupational structures between the
two groups. The Government added that:

    "The Equal Employment Opportunity Law requires the employer to give equal
treatment to men and women in the field of employment, and the Women's Bureau
of the Ministry of Labour and its Prefectural Women's and Young Workers'
Offices have been endeavouring to get the purport of the said Law fully
understood and implemented.

    Because of this and other reasons, the securing of equal opportunities
and treatment for men and women in the field of employment in respect of
recruitment, hiring, job assignment, promotion, education and training, etc.
have been promoted, and there were cases in which women were engaged in
occupations where no women had been engaged in the past.

    In addition, the Basic Policy concerning Measures for the Welfare of
Women Workers (promulgated in June 1987), listed as one of the important
tasks, provides for full implementation of the principle of equal wages for
men and women stipulated in the Labour Standards Law. The period of
implementation of this Basic Policy is five years from fiscal 1987 to 1991.
Thus, efforts have continuously been made to date to get the principle of
equal wages for men and women fully understood and implemented at the occasion
of publicity activities and collective guidance for employers".

The Government also stated that:

    -    occupational classification which distinguishes "main or key" work
and "supplementary work" (the establishment of which was noted in
the Committee's previous observation) is primarily based on
factors such as the content of job, which has no relation to sex,
and that, therefore, different wage scales according to such an
occupational classification do not run counter to the principle of
equal wages for men and women. Since the Equal Employment
Opportunity Act has come into force, in cases where women cannot
have access to either of these occupational classifications
without valid reasons, the Prefectural Women's and Young Workers'
Offices give active administrative guidance, urging employers to
comply with the obligation to make efforts as required by the law;

    -    concerning discriminatory treatment in respect of family
allowances, housing allowances, etc. by reasons of workers being
women is a violation of section 4 of the Labour Standards Act
(statistical information with regard to the granting of fringe
benefits to men and women workers is attached to the report);

    -    the number of violations of article 4 (Principle of equal wages
for men and women) of the Labour Standards Law detected in the
regular inspections made by the labour standards inspectors
(including inspections at the time of accidents; 170,686 cases in 1987,
162,659 cases in 1988) was 14 cases in 1987, and seven cases in 1988. In all
such cases, recommendations were made to the employers concerned, who
corrected the violations. In 1991, five cases were found.

    In 1992, the Committee of Experts on the Application of Conventions and
Recommendations made the following observation:

    "In comments made over the course of a number of years, the Committee has
sought information which would enable it to ascertain the extent to which the
application of the Convention has resulted in a narrowing of the wage
differential between women and men. On the basis of the most recent
information provided by the Government, the Committee notes that the starting
salary of women upper secondary school graduates has narrowed to 94.7 per cent
of that of men in the same position in 1990. A comparison made between male
and female 'standard' workers (i.e. a worker who has remained employed by the
same enterprise since graduation) of the same age and length of service who
were graduated from upper secondary schools, revealed that the wages of women
represented nearly 90 per cent of those of men in the 20's age group and 70
per cent in the 50's age group. The 'Basic Survey on Wage Structure', Ministry
of Labour, June 1988 (which appears to be the source of this latter-mentioned
data) reveals that wage differences, at least in the starting salaries, are
levelling off among junior high school and high school graduates, and
narrowing among university graduates. This same survey indicated, however,
that women's average monthly cash earnings are about 60.5 per cent of those of
men.

    From the information supplied in the reports of the Government, the
Committee observes that two primary reasons appear to account for the
persistence of an important wage differential in average earnings and for the
widening of the wage differential in relation to the age of women workers; the
first being the seniority wage system, under which the employee's pay rises
with the length of service in the same enterprise; and secondly, the fact that
women are concentrated in lower paid jobs and are not accorded equal
employment opportunities.

    As concerns the seniority wage system, the Government had earlier stated
that a change to a wage system based on job content would promote the
principle of equal remuneration for men and women by reducing the difference
in earnings due to the shorter average length of women's service. It had
pointed out, however, that both employers and workers recognized the merits of
the seniority-based system and that it would have to be reformed gradually to
avoid jeopardizing these merits. The Committee requests the Government to
indicate whether there has been any progress towards a wage system based on
job content. In order to ensure that the trend towards a narrowing of the wage
differential at the entry level is maintained as those workers age, the
Committee also requests the Government to indicate whether consideration has,
or might be given, to introducing a system whereby seniority credits are
awarded to women who break their careers for child-bearing or rearing, or in
order to meet other family responsibilities.

    In relation to overcoming pay inequalities through measures to promote
equal opportunities for women workers, the Committee has noted the information
provided in the Government's report concerning measures to implement the Equal
Employment Opportunity Law, 1985. The Committee recalls that while this Law
prohibits discrimination on the ground of sex in relation to vocational
guidance, the payment of fringe benefits, the mandatory retirement age and
retirement and dismissal on the ground of marriage, pregnancy and childbirth,
it provides that employers 'should endeavour' to give equal opportunities to
women and men in recruiting, hiring, assigning posts or promoting workers. The
Committee has noted that under the Voluntary Check-up System on Employment
Management for Women Workers, instituted by the Minister of Labour in 1988
(following which, persons to promote equal opportunities were appointed in
20,000 establishments) enterprises are not requested to analyse and submit
reports on progress. However, a Basic Survey on Women's Employment Management
revealed, among other things, that while 87.3 per cent of enterprises
responded that there had been no change in three years in the number of women
holding director-level posts, 74.8 per cent of enterprises indicated that they
planned to improve women's employment status. Within the context of this
survey, an analysis of the basic thinking about the assignment of female
workers showed that 45.7 per cent of enterprises stated that they 'assign
female workers to jobs in which they can display their characteristics and
sensitivity as females', 23 per cent stated they assign females to all jobs
and 16.7 per cent said they assign women to 'those jobs in which they can make
the best use of their special skills'; 7.9 per cent assign females only to
subsidiary jobs.

    In the light of these indications, the Committee requests the Government
to give consideration, in consultation with the social partners, to taking
additional measures to ensure that existing inequalities in recruitment,
hiring, assignment and promotion, which appear to be somewhat responsible for
the maintenance or continuance of the wage gap, are remedied.

    Recalling that the Convention, by placing the comparison of jobs on the
basis of the value of the work, necessitates the use of criteria to compare
the value of the different work undertaken by women and men, the Committee
requests the Government to indicate the measures taken or contemplated to
ensure that jobs mainly performed by women are not given a lower value than
jobs mainly performed by men, on account of subjective value judgements based
on traditional notions concerning the respective qualities of men and women".

    In 1992, the "Women's Network against Discrimination against National
Railway Workers Union Members and Women" furnished the Office with their
"Counter Report to International Comment on Civil and Political Rights, Japan
Periodical Report (CCPR)", 2 November 1992, which mentions the gap between
principles stipulated in the law concerning "Ensuring Equal Employment
Opportunity for Men and Women", and the reality of the labour situation.

    In 1993, the Committee of Experts on the Application of Conventions and
Recommendations made, inter alia, the following observation:

    "In its last report, the Government states that its basic policy is to
give effect in a strict way to the provisions of the ILO Conventions that it
has ratified; and that it is doing its utmost to secure compliance with the
requirements of Convention No. 100. In the view of the Government, the
Committee's observation of 1992 did not recognize accurately the systems and
actual situation in the country, and covered the whole issue of the
differential in average wages between men and women, going beyond the matters
dealt with in the Convention. The Government considers that in respect of this
Convention, the Committee should limit its judgement to the issue of equal
remuneration for work of equal value and that it should leave other issues,
such as securing equal employment opportunities, to be taken up at another
occasion. 

    The Committee takes note of this statement. It appreciates the
Government's commitment to implementing the Convention, as evidenced by its
sustained efforts to maintain a dialogue on the matter. In this regard, the
Committee recalls its 1990 general observation, where it observed that most
ratifying countries experience serious difficulties in applying the main
requirement of the Convention.

    In determining the application of the Convention, the Committee has been
concerned to elicit information on the wages received by men and women and the
wage differentials between men and women, as such data may indicate the
existence of problems, thus providing a basis for further studies and measures
to implement better the principle of the Convention.

    The Committee has also sought information on the means used to apply the
principle of equal remuneration for work of equal value. In its previous
observation, the Committee had not suggested that the seniority wage system be
discontinued. It had reflected a statement of the Government indicating that a
change from a seniority wage system to one based on job content should promote
the principle of equal remuneration for men and women. Consequently the
Committee had requested information on the extent to which an objective
appraisal of jobs - within the meaning of Article 3 of the Convention - might
be introduced in the context of the seniority wage system, so that the value
of the different jobs undertaken by men and women may be compared in terms of
their actual content or requirements. The Committee had pointed out in this
regard that such comparisons should use non-discriminatory criteria, to ensure
that the jobs performed mainly by women are not ascribed a lower value than
those performed by men.

    The Committee notes the Government's statement that there is no national
consensus that jobs performed mainly by women (as, for example, nursing) are
given an unreasonably lower value in terms of their content than jobs
performed mainly by men, on account of subjective value judgements based on
traditional notions concerning the respective qualities of men and women.
Consequently, no measures are being taken or contemplated from such a
viewpoint. The Committee has, however, noted with interest that the Government
has been providing counselling and assistance to enterprises which plan to
improve the seniority wage system into a wage system based on job content,
though information is not available showing the extent of progress because of
changes in the method of statistical surveys.

    The Committee requests the Government to supply, in its next report,
detailed information on the minimum or basic wage rates and the average actual
earnings of men and women employed in different sectors or occupations
(including those where one sex predominates) broken down by seniority and
skill level, as well as information on the percentage of women and men
employed in these different sectors or occupations. The Committee would also
be grateful if the Government would continue to supply information on the
measures taken to advise enterprises on the introduction of a wage system
based on wage content, including information on the criteria used to compare
and classify the jobs performed by men and women.

    Regarding the relevance to the Convention of measures to promote
employment opportunities for women, the Committee has pointed out consistently
that a comprehensive approach concerning equality of opportunity and treatment
in employment and occupation is of particular importance for the application
of this Convention. As it observed in paragraph 252 of its 1986 General Survey
on Equal Remuneration, the equal evaluation of work and equal right to all of
the components of remuneration cannot be achieved in a general context of
inequality. In this regard, the Committee notes the Government's statement
that it is necessary to continue studying measures to further the aim of the
Equal Employment Opportunity Law, 1985. The Committee requests the Government
to indicate the measures which are taken or contemplated to encourage
employers to give equal opportunities to women in recruitment, hiring,
assignment and promotion, as employers do not have the obligation to do so
under the Equal Employment Opportunity Law, 1985.

    The Committee has noted that, in response to its suggestion of awarded
seniority credits to women who have interrupted their careers to meet family
responsibilities, the Government has referred to the provisions of the 1992
Law concerning child-care leave, which enables workers to take leave without
resigning. The Committee requests the Government to indicate whether, in the
case where a woman does take leave for family reason under the Law, she is
re-employed at the same seniority level to which she would have been entitled
had she not interrupted her employment". 

2. Employment policy

    In its first report of 1988 on the application of the Employment Policy
Convention, 1964 (No. 122), the Government informed about the Sixth Basic
Employment Measures Plan (BEM Plan) formulated in June 1988, as well as about
different provisions related to employment policy.

In its report of 1992, the Government declared that:

    "Six years have passed since the enforcement of the Equal Employment
Opportunity Law, and the aim of the Law is steadily penetrating into the
society. We note that large numbers of enterprises have improved their
employment management along the requirements of the Law. For instance, in the
case of recruitment, there have been sharp increase in the number of job
openings which do not specify sex after the enforcement of the Law, and, as to
hiring, the door has become widely open to female graduates of four-year
universities who had faced serious difficulty in finding employment before the
enactment of the Law. As to education and training also, an improvement was
made in a fairly large number of enterprises as they changed the conventional
practice to giving equal treatment to both men and women in the training of
new employees after the enforcement of the Law, with the result that almost
all enterprises have come to give equal treatment to men and women. Such
changes are the outcome not only of the autonomous efforts made by enterprises
to improve their employment management, but also of the advice and guidance
given by the Women's and Young Workers' Offices for the purpose of ensuring
compliance with the Equal Employment Opportunity Law and the guidelines based
thereon, as was already informed to the ILO in our previous report. With
respect to recruitment in particular, these offices have given advice and
guidance in over 6,000 cases during the period of six years, including
contacts with advertising agents, newspapers, magazines, etc. which handle
help-wanted advertisements. We consider therefore that the practical effect of
the Law is secured by these efforts of administrative agencies, although there
are no penal provisions in the Law.

    In addition, the voluntary check-up promotion system, which we reported
to the ILO in our previous report as a measure taken for securing the
practical effort of the Equal Employment Opportunity Law, has been enriched
and expanded in four years, showing that the persons in charge of promoting
opportunity were appointed in about 46,000 establishments in fiscal 1991.

    Moreover, under the Equal Employment Opportunity Law, the guiding
principles which should form the basis of measures for realizing the
fundamental idea of the Law are to be formulated as the 'Basic Policy
concerning Measures for the Welfare of Women Workers'. In May 1992, the second
Policy was formulated, and indicated the basic direction of measures to be
taken in the five years to come.

    As to part-time employment, a survey made by the Ministry of Labour found
that the main reasons why women workers chose part-time work were (1) that
they wished to work at a time suited to their convenience (58.9 per cent), (2)
that they preferred to have shorter working hours and fewer working days (31.7
per cent), and (3) that they had to do household work and child care (23.1 per
cent). It seems therefore that the statement made by the Committee that a
great majority of the part-time work is occupied by women who have not
voluntarily chosen that form of employment is not true to the actual state in
Japan".

3. Human resources development

    In its first report of 1988 on the application of the Human Resources
Development Convention, 1975 (No. 142), the Government declared that with
regard to vocational training conducted in enterprises, discrimination for
reasons of nationality, creed, or social status was prohibited by article 3 of
the Labour Standards Law, and that discrimination for reasons based on sex was
prohibited by article 9 of the Law concerning promotion of equal opportunity
and treatment between men and women in employment, and other welfare measures
for women workers. The Government added that article 2 of the "Employment
Security Law" referred to freedom of choice of occupation.

    In its report of 1992, the Government provided the following information:

    "In order to help women, who remain without jobs due to various
restrictive conditions such as child care, household work, family care, etc.,
to take up re-employment, and utilize their abilities, public employment
security offices specializing in employment service for women, which is called
'Ladies' Hello Work', have been established since fiscal 1991. Those offices
register women who wish to work, provide them with employment 
information while they are out of work, conduct vocational lecture courses,
and give close employment counselling and services, etc.

    There are many women workers who are compelled to resign from work for
the purpose of child care because women workers shoulder the principal burden
of child care. To cope with such a situation, the Law concerning child-care
leave was established in May 1991 and enforced as from April 1992, as a
measure for promoting the continuation of the employment of workers by helping
to make their job and child care compatible. The main substance of the Law is
to enable workers who bring up children under one year to take a leave for the
purpose of child care".

4. Underground work

    In its report of 1958 on the application of the Underground Work (Women)
Convention, 1935 (No. 45), the Government declared that article 64 of the
"Labour Standards Law" provides: "The employer shall not employ minors under
full 18 years old or women in underground labour".

In it report of 1985, the Government pointed out that:

    "As regards a review of the provisions governing the protection of women
of the Labour Standards Law, the Women's and Minors' Problems Council,
composed of the representatives of the public interest, employers and workers,
came up with a proposition, as attached, in March 1984. On the basis of this
proposition, the Government of Japan decided to either relax or abolish the
legal provisions governing the protection of women with a view to ensuring
equal opportunity for men and women in employment, and it partially amended
the Labour Standards Law in 1985".

    The amended Law has been effective since 1 April 1986. This Law exempts:

"those who will engage in duties of medical doctors and nurses and duties of
reportage for the press, which will be performed for temporary needs, except
those who are pregnant and those who have not passed one year after childbirth
and have informed their employers that they will not engage in the
aforementioned underground duties". 


REPORT OF THE INTERNATIONAL LABOUR OFFICE UNDER ARTICLE 22 OF THE CONVENTION
ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN
(Thirteenth session of CEDAW)

Libyan Arab Jamahiriya

(See also the ILO report for the twelfth session of CEDAW.)

Relevant ILO Conventions ratified by the Libyan Arab Jamahiriya

    The Libyan Arab Jamahiriya has ratified the following ILO Conventions,
which deal specifically with women or contain provisions dealing specifically
with women:

    -    Maternity Protection Convention, 1919 (No. 3) (ratified in 1971);
    -    Night Work (Women) Convention (Revised), 1948 (No. 89) (ratified
         in 1962);
    -    Equal Remuneration Convention, 1951 (No. 100) (ratified in 1962);
    -    Maternity Protection Convention (Revised), 1952 (No. 103)
         (ratified in 1975);
    -    Discrimination (Employment and Occupation) Convention, 1958
         (No. 111) (ratified in 1961);
    -    Employment Policy Convention, 1964 (No. 122) (ratified in 1971).

Information available to the ILO since the date of the Government's initial
report 

1. Equal remuneration

    In its first report of 1965 on the application of the Equal Remuneration
Convention, 1951 (No. 100), the Government stated that the principle of equal
remuneration of work of equal value is embodied in the labour law and that no
distinction is made between the wages of male and female workers. 

    In its 1984 report, the Government stated that the regulations governing
contract employees, promulgated by decision of the People's Commission of 27
charval 1391 H (14 December 1971), applies to both men and women.

    The Government further indicated that in those sectors where women are
employed in large numbers, the wages paid are fixed by individual contracts
rather than collective agreements.

    In its report of 1968, the Government announced that Law No. 15 of 1981
establishes a uniform salary system that applies to Libyan workers employed in
public services and in the enterprises, institutions and agencies of the
State. Under article 1 of the law, "the principle of equal remuneration is
applied on the basis of equal responsibilities, account being taken of the
basic needs of the persons concerned; the rates of remuneration are determined
on the basis of rates of productivity established in accordance with the
general rules laid down in the implementation clauses of the law".

    In its 1992 report, the Government explained that since there are many
foreigners in the country, appropriate legislative texts have been enacted to
ensure remuneration without discrimination against women. It added, however,
that the wages of foreign workers are still higher than those of nationals.

2. Equality in employment

    In its first report of 1962 on the application of the Discrimination
(Employment and Occupation) Convention, 1958 (No. 111), the Government
indicated that the provisions of the Convention are already being applied and
put into practice.

    In its 1973 report, the Government stated that article 4 of the
Constitution proclaims that work is a right and duty of all nationals
irrespective of religion, sex, knowledge of the Arabic language, social status
and political ideology.

    In its 1989 report, the Government indicated that it "attributes special
importance to setting up educational and vocational training establishments
and organizing the corresponding sessions for women with a view to encouraging
them to obtain training for the various jobs on an equal footing as men. It
added that in 1987, 455 women students took the courses given by the National
Institute of Public Administration and that women's participation in the
labour market increased substantially between 1970 and 1988. Moreover, a
number of laws were promulgated enabling women to exercise important functions
in the public administration and the court system and, at the 1989 People's 
Congress, for the first time a woman was appointed to the post of general
secretary in the secretariat of the Commission on Education".

    In its 1992 report, the Government pointed out that Law No. 20 on the
promotion of freedom stipulates in its article 1 that "citizens of the
Jamahiriya, men and women, are free and equal before the law. Their rights
shall be inviolable". And article 28 states that "women have the right to
perform work suitable to them and not to be compelled to perform work
incompatible with their nature".

    In 1993, the Committee of Experts on the Application of Conventions and
Recommendations made, inter alia, the following direct request:

    "With regard to the position of women in the labour force, the Committee
notes that the number of women who are active in the job market has risen from
5.7 per cent in 1970 to 16.2 per cent in 1988 and to 19 per cent in 1991, that
women wage earners predominate in the education and health sectors and that,
according to the Government, they now occupy many posts in the State
administration. The Committee also noted the efforts made to establish,
finance and equip (particularly by installing sewing and embroidering
machines) training centres in all municipalities as part of the programme for
the family productivity centre of the People's Commission for Light Industry,
which are intended to help women to participate in work and production. The
Committee requests the Government to participate in work and production. The
Committee requests the Government to continue to supply such detailed
information. At the same time, it draws attention to paragraph 38 of the 1988
comprehensive survey on equal employment and occupation warning of the dangers
of segregation in the workplace based on sex, which leads to a concentration
of men or of women in different occupations and activity sectors. It hopes
that the training centres provide access for women to all types of work and
production and not only to those traditionally stereotyped as 'women's work'.


    With regard to action taken on part III of the Green Book, which suggests
that women are being offered job and educational opportunities that differ
from those offered to men, the Committee notes that the Government's
explanation is that women enjoy equality at all levels of primary, secondary
and university education and through training centres established by the
Department of Vocational Training and geared to women's needs, such as those
providing training in administration and finance, industrial design and
hotellery. The Government also mentioned its concern - without furnishing
details on how that concern is demonstrated in practice - that women should
participate in other fields of activity such as the medical
and paramedical professions, teaching and the social security administration.
The Committee once again wishes to draw the attention of the Government to
paragraph 58 of its 1988 Survey and to request copies of the reports of the
People's Commissions on Economic Planning mentioned in its report, noting the
new developments in the training and employment of women in sectors other than
education, health and small businesses like dressmaking. For example, what
steps have been taken to implement the People's Commission's decision No. 164
of 1988 concerning the system of employment for Libyan women and Law No. 8 of
1989 concerning the right of women to access to the court system.

    Having noted in the legislative texts supplied by the Government
(particularly in the People's Commission's decision No. 416 of 1989) that the
functions conferred on the People's Civil Service Commission have apparently
been transferred following the reorganization of that body, the Committee of
Experts requests the Government for information on precisely what entities are
now in charge of the civil service and, in particular, for a description of
the functions and activities of the bodies responsible for ensuring that there
is no discrimination as regards access to jobs in the civil service or the
modalities and conditions of employment of civil servants on any of the
grounds cited in the Convention. The Committee would also wish to receive
copies of the reports made by the People's Civil Service Commission or
whatever body now exercises its functions, that would demonstrate the
application of the principle of equality in employment and opportunity between
men and women in the civil service".

3. Employment policy

    In 1993, the Committee of Experts on the Application of the Convention on
Employment Policy, 1964 (No. 122), made the following direct request:

    "The Committee notes with interest the emphasis given to manpower
training and the adoption of training plans for over 20 sectors. The report
also mentions on-the-job training, the development of training opportunities
for women and the establishment of vocational training centres for youth. The 
Committee would be grateful if the Government could provide additional data on
the measures taken with respect to training and their impact on the employment
of women. In particular, it would welcome an indication of the results of the
training measures aimed at strengthening the participation of women in
economic activity. It specifically requests data showing how education and
training policies are being coordinated with employment prospects, especially
for youth".

4. Maternity protection

    In its first report of 1991 on the application of the Maternity
Protection Convention (Revised), 1952 (No. 103), the Government stated that
under article 1 of the Labour Code, the Convention and its provisions on
maternity protection do not apply to women in the following categories:
domestic service and similar types of occupation, livestock breeding and
farming (except for women working in plants processing farm products or shops
that repair essential agricultural machinery), established or other civil
servants employed in the government administration or by public agencies. The
Government indicated that special regulations will apply to certain of those
categories.

    In addition, article 97 of the 1970 labour law provides that during the
18 months following the birth of a child, nursing mothers are entitled to two
half-hour breaks each day in addition to the other breaks normally allowed.

    In 1990, the Committee of Experts on the Application of Conventions and
Recommendations made, inter alia, the following direct request:

    "Article 3, paragraphs 2, 3 and 4. (Duration of maternity leave). The
Committee recalls that article 43 of the Labour Code provides that pre-natal
and post-natal maternity leave shall be granted for a period totaling fifty
(50) days whereas, according to article 3, paragraphs 2 and 3, of the
Convention, maternity leave shall not be less than twelve (12) weeks, of which
six (6) weeks must be taken after confinement. Moreover, the same article 43
makes the granting of a maternity leave contingent upon

    -    the completion of an apprenticeship period consisting of six
months of consecutive service for an employer whereas the
Convention does not impose any such condition on entitlement to
leave. Lastly, the same article 43 makes no provision, as
required under paragraph 4 of article 3 of the Convention, that
when the birth occurs after the anticipated date, the leave taken
prior to that date shall in all cases be extended until the actual
date of delivery without reducing the duration of the mandatory leave   period
granted following confinement. The Committee hopes that article 43   of the
Labour Code will be amended soon along the lines indicated above,   as the
Government promised in its report.

    Article 4, paragraphs 1, 4 and 8. (Cash benefits). According to the  
last paragraph of article 25 of Law No. 13 on social security and article   43
of the Labour Code, maternity benefits for women workers other than the  
self-employed are payable by the employer. Moreover, the Government stated  
in its report that the regulation to be adopted establishing the   conditions,
rules and guarantees relating specifically to maternity   benefits will
include a provision that the social security fund will pay   insured persons
entitled to those benefits in cases where the employer is   not able to do so
and will claim reimbursement from the latter whenever   possible of the amount
it has paid out. The Committee recalls in this   connection that the
Convention, in article 4, paragraphs 4 and 8, provides   that maternity
benefits shall be granted either under a compulsory   insurance system or out
of public funds and that in no case shall the   employer be held personally
responsible for the cost of benefits due to   the women he employs. The
Committee therefore hopes that the Government   will re-examine the question
in the light of those provisions of the   Convention and will indicate the
steps taken or planned to ensure full   compliance with the Convention on that
point.  

    Article 1 of the Convention. (Scope). In its previous comments, the  
Committee has noted that under article 1 of the Labour Code, the women  
workers mentioned under point 4, second paragraph, of this report do not  
come within the scope of the Code and consequently are excluded from its  
provisions on maternity protection despite the fact that they are covered   by
the Convention. The Committee had also noted that certain categories of  
those workers will be covered by special regulations. Since the   Government's
report does not contain information on that point, the   Committee requests it
to supply the text of those regulations and to   indicate how those workers
benefit from the protection provided by the   Convention as it relates to
article 3 (maternity leave), article 5 (nursing   breaks) and article 6
(prohibition of dismissal)".   

5. Night work

    In its 1970 report on the application of the Night Work (Women)
Convention (Revised), 1948 (No. 89), the Government, in response to the 1969
direct request of the Committee of Experts on the Application of Conventions
and Recommendations, stated that a new labour law was adopted in 1970. Article
96 of that law provides that night work by women shall be prohibited from 8
p.m. to 7 a.m., that is, for a period of 11 consecutive hours, in accordance
with article 2 of the Convention. The Government specified that certain
categories of jobs will be exempted by statute.

    In its 1976 report, the Government enumerated the conditions, jobs and
circumstances permitting the employment of women between 8 p.m. and 7 a.m.:

    "1. In the hotel and restaurant industries, as well as in theatres and
similar establishments;

    2. In the transport of passengers and goods by air, and in tourist
offices;

    3. During religious and national holidays;

    4. In positions with executive responsibility;

    5. In hospitals, clinics and similar institutions and in nurseries;

    6. In commercial premises;

    7. If the work that is not performed would obviously result in losses, in
which case the Office of the Labour Inspector must be 80 informed 48 hours in
advance and must signify his agreement in writing. He must also be notified of
the duration of the job to be done.

    8. In the case of workers on temporary or per day contracts, provided
women are not employed before 5 a.m. and after 9 p.m." 


REPORT OF THE INTERNATIONAL LABOUR OFFICE UNDER ARTICLE 22 OF THE CONVENTION
ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN
(Thirteenth session of CEDAW)

Madagascar

(Also see the ILO report to the twelfth session of CEDAW.)

Relevant ILO Conventions ratified by Madagascar

    Madagascar has ratified the following ILO Conventions, which deal
specifically with women or contain provisions dealing specifically with women:

    -    White Lead (Painting) Convention, 1921 (No. 13) (ratified in
         1960);
    -    Equal Remuneration Convention, 1951 (No. 100) (ratified in 1962);
    -    Discrimination (Employment and Occupation) Convention, 1958
         (No. 111) (ratified in 1961);
    -    Employment Policy Convention, 1964 (No. 122) (ratified in 1966);
    -    Maximum Weight Convention, 1967 (No. 127) (ratified in 1971).

Additional information received since the ILO report to the twelfth session

1. Equal remuneration

    In its 1992 report on the application of the Equal Remuneration
Convention, 1951 (No. 100), the Government has reaffirmed that there was no
discrimination based on sex with regard to wages because the job and
professional qualifications were the sole determining factors. However, it
stressed that "for the moment it is very difficult to evaluate jobs
objectively in order to apply the principle of equal remuneration to work of
equal value. By itself, the Labour Department, with its modest means, could
not undertake so extensive a survey".

    Moreover, the Government is planning a revision of the 1975 Labour Code
in collaboration with the National Labour Council, which has set up a 
specialized committee to examine working conditions with particular attention
to wages.

    On questions relating to their application of the principle of equal
remuneration for work of equal value, the worker or the trade union has
recourse to the Office of the Labour Inspector or the Labour Tribunal for the
settlement of disputes, particularly about job classification.

2. Equality in employment

    In its 1993 report on the application of the Discrimination (Employment
and Occupation) Convention, 1958 (No. 111), the Government stated that, as a
result of the referendum held on l9 August 1992, Madagascar now has a new
Constitution establishing the Third Republic. It provides:

    "Article 8. All nationals are equal before the law and shall enjoy the
same fundamental freedoms protected by law.

    The State prohibits any discrimination based on sex, level of education,
wealth, origin, race, religious belief or opinion.

    Article 27. Nobody may be harmed in his work or in his employment because
of his sex, age, religion, opinions, origins and political convictions".

    The Government added that with regard to discrimination based on sex,
"substantial progress has been made: women now occupy responsible positions
both in the public and private sectors and at the government and
administrative levels: minister, general secretary, director general and
director".

    Women are also exercising professional duties in private companies either
as company managers or directors. According to a source in the Ministry for
Population, women make up 64 per cent of categories I and II of the civil
service and 43 per cent of the entire administrative staff of the university;
73 per cent of women workers are employed in the Ministry of Health and the
Ministry of Education.

    However, it must be pointed out that the vast majority of those women
work in the urban environment whereas the women in the rural areas are for the
most part engaged in the traditional economic activities of Malagasy society.

    According to a survey by the Employment Office, the volume of permanent
jobs in the modern sector is estimated at 172,000. They are distributed in 
751 establishments, 83 per cent in private enterprises, 5 per cent in mixed
economy companies and 12 per cent in public agencies.

    The survey shows that women's participation varies from one branch of
economic activity to another:

    1. Overall, by branch, women represent 17 per cent of the total
workforce.

    2. They represent over 50 per cent in the "manufacture of shoes and
apparel" branch.

    3. They occupy one out of 25 jobs in the "building and public works"
branch.

    4. Of the 17 per cent of women workers, 9 per cent are engaged in
agriculture, 12 per cent in the service sector and 52 per cent in industry.

    5.   Of the 172,632 permanent jobs counted, 28,910 are occupied by
women:

    -    627 senior professional jobs compared with 4,690 held by
         men;

    -    1,576 middle-rank professional jobs compared with 7,478 held
         by men;

    -    11,499 qualified employee jobs compared with 31,252 held by
         men;

    -    713 skilled manual jobs compared with 22,670 held by men.

    In free enterprises, there are 1,081 women out of a total workforce of
2,351, including

- 4 senior professionals compared with 21 men;

- 7 middle-rank professionals compared with 29 men.

    Equal access to employment and vocational training is categorically
guaranteed by the Constitution and the laws and regulations in force.

    Those provisions are reproduced in the Labour Code and in the Civil
Service Statute. 

3. Employment policy

    In 1993, the Committee of Experts on the Application of Conventions and
Recommendations made, inter alia, the following direct request concerning the
application of the Employment Policy Convention, 1964 (No. 122):

    "The Committee notes that one of the 'paramount objectives' of the
current phase of the Government's structure adjustment programme is to achieve
an economic growth rate that exceeds population growth, to restructure the
industrial sector and promote small and medium businesses, to improve the
quality of education and to foster a social policy to benefit the most
disadvantaged groups. To that end, as part of the social dimension of
adjustment, the 'project for social action and support for economic management
(PASAGE)' was developed in 1989. The Committee refers to article l, paragraph
l, of the Convention, calling upon Members that have ratified the Convention
to formulate and apply 'as an essential objective' an active policy to promote
full productive and freely chosen employment. It is hopeful that the direction
taken by the structural adjustment programme will not conflict with the
objective of achieving full employment as defined by the Convention and that
the Government will be in a position to supply information on the impact of
the steps taken under the structural adjustment programme on the global
situation, level and trends and on specific categories of workers such as
women, youth, older persons and the disabled". 


REPORT OF THE INTERNATIONAL LABOUR OFFICE UNDER ARTICLE 22 OF THE CONVENTION
ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN
(Thirteenth session of CEDAW)

Netherlands

Relevant ILO Conventions ratified by the Netherlands

    The Netherlands has ratified the following ILO Conventions, which deal
specifically with women or contain provisions dealing specifically with women:

         -    White Lead (Painting) Convention, 1921 (No. 13) (ratified in
              1939);
         -    Underground Work (Women) Convention, 1935 (No. 45) (ratified in
              1937);
         -    Night Work (Women) Convention (Revised), 1948 (No. 89) *;
              * Netherlands has denounced this Convention.
         -    Equal Remuneration Convention, 1951 (No. 100) (ratified in
              1971);
         -    Maternity Protection Convention (Revised), 1952 (No. 103)
              (ratified in 1981);
         -    Discrimination (Employment and Occupation) Convention, 1958
              (No. 111) (ratified in 1973);
         -    Employment Policy Convention, 1964 (No. 122) (ratified in
              1967);
         -    Human Resources Development Convention, 1975 (No. 142)
              (ratified in 1975);
         -    Workers with Family Responsibilities Convention, 1981 (No. 156)
              (ratified in 1988).
    
Information available to the ILO since the date of the Government's initial
report 

l. Equality of remuneration

    In 1992, the Committee of Experts on the Application of Conventions and
Recommendations made the following direct request concerning the application
of the Equality of Remuneration Convention, 1951 (No. 100):

    "The Committee notes the information supplied by the Government in
response to the Committee's previous comment regarding the surveys undertaken
by the Wages Inspection Department (LTD), which disclosed some cases of
non-conformity with the 1975 equal pay legislation. The Committee requests the
Government to provide information on any progress made to overcome the
problems identified by the LTD, as a result of the role taken by the Minister
of Social Affairs and Employment under the new legislation.

    The Committee notes with interest the 1988 study undertaken by the LTD
concerning equal pay in the retail trade sector, which noted that the
'breadwinner premiums' (which appear to be paid only to the person designated
as the sole breadwinner in the family) are a form of indirect discrimination,
in contravention of the Equal Treatment Act, 1989. The Committee would be
grateful if the Government would supply further information concerning the
allocation of these premiums in general and would indicate whether, in the
light of this study, consideration is being given to reviewing the basis on
which they are awarded.

    The Committee also notes with interest the information concerning the
activities of the Equal Rights Commission, including the cases on equal pay
dealt with by the Commission. The Committee requests the Government to
continue to furnish such information, which indicates how the Convention is
applied in practice, in its future reports".

In the 1992 observation,

    "The Committee notes that, commenting on the application of the
Convention, the Netherlands Trade Union Federation (FNV) has stated that the
various forms of flexible employment relationship (viz. homework, tele-work,
freelance and stand-by work) which are undertaken mostly by women, are the
primary source of pay inequality. Women who carry out these forms of
employment are unable to invoke any or most of the legislation proscribing
discrimination because of the type of contract under which they are employed.
According to the FNV, the choice of contract is mainly, if not entirely,
determined by the employer (even though the employee does not object or
personally opts for various elements of flexible employment). The FNV calls
upon the Government to adopt a more energetic policy, including taking
legislative measures, to ensure that the majority of workers engaged in these
forms of employment do not remain outside the scope of legal protection. The
FNV considers that such action would facilitate the elimination of large-scale
inequalities in remuneration.

    The Committee notes that, in responding to the above comment, the
Government has stated that the problem of so-called flexible labour relations
is considered to be an important policy issue in the country. The Government
also states that Convention No. 100 does not specifically oblige Governments
to take the action requested by the FNV.

    In its previous direct request, the Committee had noted that pursuant to
the equal pay provisions of the Equal Treatment for Men and Women Act, 1989,
the basis for comparing remuneration is restricted to the wage normally
received by a worker of the other sex in the same undertaking for work of
equal value or, failing that, for work of virtually equal value (section
7(1)), whereas section 3(2) of the 1975 equal pay legislation also allowed for
the possibility, in cases where no work of equal or approximately equal value
was done by a worker of the other sex in the undertaking where the worker
concerned was employed, of extending the comparison to the wage normally
received by a worker of the other sex in an undertaking of as nearly as
possible the same kind in the same sector for work of equal value or, in the
absence of such work, for work of approximately equal value. The Committee had
requested the Government to indicate the means by which women workers who are
heavily concentrated in certain sectors of activity, where the possibilities
of comparison may be insufficient at the level of the enterprise, may seek to
have their claims for equal pay determined. The Committee notes from the
report of the Government that the possibility for extending the scope of
comparison to another undertaking, as provided for under the 1975 Act, was
never used in practice for the reason that it is very hard to prove that
differences in wages between employees in different companies are based on sex
discrimination, as this can easily be countered by stating that one company
just pays better for work of the same value than another company. As the
provision in question was never used, the Government did not include it in the
new legislation.

    The Committee recognizes that the question of determining how broadly
comparisons between the jobs performed by men and women should be permitted is
a particularly difficult aspect of applying the Convention. Nevertheless, it
is evident that adequate possibilities for comparison must be available if the
principle of equal pay is to have any application in a sex-segregated labour
market. As the Committee stated in its 1986 General Survey, it is essential,
in order to ensure equal remuneration in an industry employing mostly women,
that there be a basis of comparison outside the limits of the establishment or
enterprise concerned. This is not to say that factors affecting wage levels
which are outside the scope of the Convention (such as geographical location,
surplus or scarcity of particular skills or the pay policies of individual
enterprises) are to be excluded from consideration. It is true that
differences in remuneration for women employed in different enterprises but
engaged in work of equal value may be due to the fact that one company pays
its workers at a higher rate. However, there may be a basis for inferring
discrimination on the basis of sex if, in examining the total wage structure
of the enterprises in question, it becomes apparent that in one company there
is a consistently wider differential between female and male employees than in
another comparable enterprise. In this regard, the Committee recalls that the
1975 equal pay legislation also provided that where comparisons were made
outside the undertaking (pursuant to section 3(2)), account was to be taken of
"general differences in the wage structures of the undertakings concerned"
(section 5(3)). While acknowledging the difficulties involved in broadening
the scope of comparison, the Committee requests the Government to further
consider how, in practice, women workers who find their possibilities for
comparison insufficient at the level of the enterprise may seek to enforce
their right to equal pay for work of equal value".

2. Equality in employment

In its report of 1992 on the application of the Discrimination
(Employment and Occupation) Convention, 1958 (No. lll), the Government
declared that information from 120 organizations was to be processed in its
ongoing study of the subsidy scheme established to assist organizations to pay
for certain expenses in drawing up positive action programmes for women in
disadvantaged situations.

    In 1993, the Committee of Experts on the Application of Conventions and
Recommendations made, inter alia, the following direct request:

    "Noting the Government's figures showing that 72 per cent of women
trained in women's vocational schools for the period 1990-92 found employment
thereafter, the Committee requests the Government to provide further
information concerning the opportunities for the training of girls and women
at vocational centres and on any other efforts undertaken to provide women
with a wider occupational choice".

3. Human resources development 

    In its report of 1990 on the application of the Human Resources
Development Convention, 1975 (No. 142), the Government provided the following
information:

    "The Directorate General for Manpower Services decided to introduce the
so-called 5 per cent target for technical Vocational Training Centres (CVVs)
in 1985. This means that a minimum od 5 per cent of the places at technical
CVVs should be reserved for women. For 1989 the target was 10 per cent".

In its report of 1992, the Government stated that:

    "Women vocational schools aim to train women who have few qualifications,
who are older than 25 years and who have not yet had a job or would like to
restart employment after a long absence. Training covers traditionally male
dominated occupations like computer science and business courses. The training
assists women in finding jobs and it creates the terms with which women can
start up their own businesses. Costs pre place are (on an annual basis)
HFL14,400. In 1990 and 1991, 970 new women were placed. There was a success
rate of 90 per cent, and on average 72 per cent entered into employment". 

4. Maternity protection

    In its report of 1992 on the application of the Maternity Protection
Convention (Revised), 1952 (No. 103), the Government provided the following
information:

    "On 2 March 1990 the Sickness Benefits Act has been altered: in the case
of pregnancy and confinement, sickness benefits are granted to an amount of
100 per cent of the daily wage during a total period of 16 weeks".

5. Workers with family responsibilities

    In 1993, the Committee of Experts on the Application of Conventions and
Recommendations made, inter alia, the following direct request on the
application of the Workers with Family Responsibilities Convention, 1981 (No.
156):

    "Article 1 of the Convention. The Committee would be grateful if the
Government would provide in its next report information on how the term 'other
members of their immediate family who clearly need care or support' is defined
for purposes of applying the terms of the Convention".

    Article 2. The Committee notes that workers employed for less than 20
hours a week and civil servants working less than 16 hours per week are
excluded from entitlement to parental leave, both under the Parental Leave Act
of 1990 and the civil service regulations. It also notes the temporary
exclusion of employees of teaching hospitals from the provisions of the
Parental Leave Act of 1990. The Committee would be grateful if the Government
would provide information in future reports on any measures taken or
contemplated to extend such coverage to those workers excluded from the
above-mentioned provisions. It also requests the Government to kindly indicate
whether the Parental Leave Act of 1990 covers employees regardless of their
form of employment or whether it only covers employees who are employed in the
formal legal sense pursuant to sections 1637(d) et seq. of the Labour Code. 

    Article 4. The Committee would be grateful if the Government would
continue to supply in future reports information on measures which have been
taken or are contemplated, in addition to maternity and parental leaves, to
enable working parents to better integrate their work and family
responsibilities, such as working time reduction, leave for taking care of
sick children, flexible working hour‘, or the possibility to work at home. It
also requests the Government to provide information on any social security
benefits which exist or are contemplated to enable workers with family
responsibilities of dependent children as well as of other members of their
immediate family who clearly need care or support. In this connection, it
would be grateful for information, if it is available, on the types of 'sole
income-earner premiums' which exist in tax or social security legislation and
the eligibility requirements for these premiums. Further, the Committee
requests the Government to provide information on the eligibility requirements
for subsidized day care and on the demand for such subsidization.

    Article 5. The Committee notes the information in the Government's report
concerning the provision of child care and it requests the Government to
indicate in its next report whether the child-care facilities meet the present
demand for such facilities and, if not, whether measures are being taken or
contemplated to attempt to satisfy this demand. In this regard the Committee
requests the Government to keep it informed of the implementation of the
Government's policy on child care, including any evaluation of the
implementation of said policy and progress achieved in this respect. The
Committee would also be grateful if the Government would indicate whether any
family services other than child care exist to assist workers in reconciling
their work and family responsibilities with dependants other than children". 

6. Night work

    In 1972, the Government presented the "Instrument of Denunciation"
concerning the Night Work (Women) Convention (Revised), 1948 (No. 89),
ratified in 1954. The denunciation was registered on 26 February 1972 and took
effect on 26 February 1973. The reasons put forward, inter alia, by the
Government were that:

    "In the last few years the social inequality which still exists between
men and women has been more and more widely regarded as a discrimination which
is no longer justified. Moreover, in terms of the production process it may be
viewed as an obstacle to the performance of certain work by women which it
could nevertheless be desirable for them to perform in view of the situation
on the labour market". 

7. Underground work

    In its report of 1938 on the application of the Underground Work (Women)
Convention, 1935 (No. 45), the Government declared that article 311, paragraph
1 of the provisions which are applicable to underground work contains, inter
alia, the absolute prohibition for women to work underground.


8. White lead (painting)

    In its report of 1947 on the application of the White Lead (Painting)
Convention, 1921 (No. 13), the Government declared that article 8 of the 1920
labour provisions prohibits the employment of young people and of women in any
painting work involving the use of white lead or sulphate of lead or other
products containing these pigments. 


REPORT OF THE INTERNATIONAL LABOUR OFFICE UNDER ARTICLE 22 OF THE CONVENTION
ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN
(Thirteenth session of CEDAW)

(Also see the ILO report for the tenth session of CEDAW.)

New Zealand


Relevant ILO Conventions ratified by New Zealand

    New Zealand has ratified the following ILO Conventions, which deal
specifically with women or contain provisions dealing specifically with women:

    -    Underground Work (Women) Convention, 1935 (No. 45);*
    -    Night Work (Women) Convention (Revised), 1948 (No. 89)*;
    *    New Zealand has denounced these Conventions.
    -    Equal Remuneration Convention, 1951 (No. 100) (ratified in 1983);
    -    Discrimination (Employment and Occupation) Convention, 1958
         (No. 111) (ratified in 1983);
    -    Employment Policy Convention, 1964 (No. 122) (ratified in 1965).

Information available to the ILO since the date of the Government's  initial
report 

1. Equality of remuneration 

    In 1992, the Committee of Experts on the Application of Conventions and
Recommendations made, inter alia, the following observation on the application
of the Equal Remuneration Convention, 1951 (No. 100):

    "The Committee has also noted the comments of the New Zealand Council of
Trade Unions concerning the permissible scope of comparison for the purpose of
determining equal pay. The Council states that comparisons can be made only
between workers employed by the same employer, whereas before the enactment of
the Employment Contracts Act (1991), it was possible, through the registration
of agreements, to ensure that wage parity was applicable to all workers within
the occupation or industry covered by the Agreement. Of greater significance,
states the Council, is the complete lack of any mechanism for ensuring that an
occupation or skill which is performed largely by women workers is paid at
comparable rates to those paid to workers in a comparable occupation or skill
performed largely by males.

    While acknowledging the difficulty in determining how broadly comparisons
between the jobs performed by men and women should be permitted, the Committee
observes that adequate possibilities for comparison must be available if the
principle of equal pay for work of equal value is to have any application in a
sex-segregated labour market. In order to ensure implementation
of the principle in an occupation or industry employing mostly
women, it is essential that there be a basis of comparison outside
the limits of the establishment or enterprise concerned. The
Committee requests the Government to provide information in its
next report on the measures taken or contemplated to ensure the
application of the principle of equal remuneration for work of
equal value in respect of those women workers in the private
sector who find their possibilities for comparison insufficient in
their particular workplaces.

    Recalling, moreover, that the Government Service Equal Pay Act, 1960,
provides for the possibility of making comparisons with scales of pay in other
sections of employment when women government employees perform work of a kind
which is exclusively or principally performed by women (section 3(1)(b)), the
Committee requests the Government to provide information concerning the use,
in practice, of that provision.

    The Committee has noted with interest the information provided by the
Government on the measures taken to promote equal remuneration (outlined in
the Government's response to the Recommendations of the Working Party on
Equity in Employment, January 1991). Particular note has been taken of the
publication and wide distribution of the manual, "Equity at Work: An Approach
to Gender Neutral Job Evaluation" (State Services Commission, July 1991) which
was developed to overcome gender bias in traditional job evaluation systems.
The Committee has also noted that an Equal Employment Opportunities Trust will
be established by the  Government with private sector employers to promote
equality. Significant funding has also been committed by the Government to
promoting equality in the private sector".

2. Equality in employment

    In 1993 the Committee of Experts on the Application of Conventions and
Recommendations made, inter alia, the following observation on the application
of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111):

    "In its previous observation, the Committee noted that, following the
repeal of the Employment Equity Act, 1990, the Government established a
Working Party on Equity in Employment to evaluate equal employment opportunity
initiatives and report to the Government on the most effective means of
developing and implementing its equity in employment policy. The Working
Party's report, dated January 1991, discussed equal employment and training
opportunities for women, the Maori people, Pacific Island people, people with
disabilities and other groups identified as disadvantaged and contained key
recommendations on the enactment of legislation requiring employers to
develop, implement and monitor equal employment opportunities programmes, as
well as on the establishment of a Council for Equity in Employment funded
jointly by the Government and the private sector. The Committee notes from the
information supplied by the Government in July 1991 and in its last report
that the Government prefers a nonlegislative approach to equality in
employment. It preferred the creation of a joint private/public sector Equal
Employment Opportunities (EEO) Trust, funded by government and employer
contributions, to develop and promote EEO policies and practices, as well as
to research in this area, primarily in the private sector. The Trust is to
report annually to Parliament in its activities and the progress achieved
towards the development and implementation of EEO policies and practices in
the private sector. The Government also established an Equal Employment
Opportunities Fund for the promotion of EEO programmes and practices in the
private sector.

    The Committee notes that the Government intends to monitor progress
achieved towards an equal employment opportunities environment in the private
sector through the educational, promotional and research work of the EEO Trust
and the results of the projects supported by the EEO Fund, and requests it to
provide, in its next report, full information concerning (i) equal employment
opportunity plans in the private sector and (ii) the activities of and the
results achieved by the EEO Trust and the EEO Fund in the promotion and
implementation in practice of equality of opportunity and treatment in
employment as well as equal access to education and vocational training".
In its report of 1992 on the application of the Discrimination (Employment and
Occupation) Convention, 1958 (No. 111), the Government provided the following
information:

         "The Government has decided to replace the Human Rights
         Commission Amendment Bill currently before the Justice and Law
         Reform Select Committee with a new Human Rights Bill. This Bill
         will revise and replace the Race Relations Act 1971 and the Human
         Rights Commission Act 1977. The Government is yet to decide on
         the grounds of prohibited discrimination to be included in that
         Bill. However, social origin is not one of the grounds currently
         being considered for inclusion".

         With the repeal of the Labour Relations Act, 1987, in May 1991 the
personal grievance provisions relating to sexual harassment and
discrimination under the Labour Relations Act were retained as grounds for a
personal grievance under the Employment Contracts Act, 1991.
         
     In 1991, the Committee of Experts on the Application of Conventions
and Recommendations made, inter alia, the following observation on the
application of the Discrimination (Employment and Occupation) Convention, 1958
(No. 111):

         " In its previous observations under Conventions Nos. 100 and
         111, the Committee noted that the Government had agreed in
         principle to the enactment of an Employment Equity Act which would
         incorporate the concepts of pay equity and of equal employment
         opportunity in the public and private sectors. The Committee
         notes that the Employment Equity Act, 1990 came into force on
         1 October 1990 but was repealed in December 1990. According to
         information communicated by the Government, action to repeal the
         legislation was taken because the Government did not consider that
         greater equity in employment opportunity would be achieved through
         the highly prescriptive and centralized procedures put into place
         by the Act. The Committee also notes the comments communicated by
         the New Zealand Employers' Federation prior to the repeal of the
         Act. The Federation stated that the legislation, which allowed
         for a comparison of jobs in different employing organizations with
         different employers involved and which provided for third-party
         decisions as to the wages subsequently payable, would inevitably have
         an inflationary outcome and result in job loss, thereby having an
         adverse effect on those it was intended to assist. The Federation
         also stated that, though it had been a long-term supporter and
         promoter of equal opportunity on a voluntary basis, it was most
         concerned that the kind of target-setting envisaged under the
         legislation would lead to tokenism and appointments  made
         on grounds other than merit.

              The Committee notes that, following the repeal of the Employment

        Equity Act, the Government established a Working Party on Equity in 
         Employment to evaluate equal employment opportunities initiatives and
         report to the Government on the most effective means of developing
         and  implementing its equity in employment policy. The Working
         Party's report,  which was submitted in January 1991, included
         recommendations in the areas  of systemic barriers to, and programmes
         for, equal employment  opportunities, education and child
         care. The Working Party also discussed  equal employment
         opportunities for Maori and Pacific Island peoples and for  people
         with disabilities. Key recommendations concerned the proposed 
         enactment of legislation requiring employers to develop, implement
         and  monitor equal employment opportunities programmes; and the
         establishment of  a Council of Equity in employment funded
         jointly by the Government and the  private sector. The Government
         says it is considering the recommendations  of the Working Party
         prior to releasing details of its equity in employment  policy".

3. Employment policy

     In its report of 1992 on the application of the Employment Policy
Convention, 1964 (No. 122), the Government provided the following information:

    "The Government is committed to full employment. The Government  stated
in the 1992 budget that the current high level of unemployment is  the number
one social problem facing New Zealand. The 1992 budget stated  that the key to
solving the unemployment problem is sustained economic  growth and a flexible
labour market that can respond to growth. The  Government has outlined a
strategy for creating sustained economic  growth, raising skill levels and
specific programmes for the long-term  unemployed. The commitment to full
employment is not, however, inscribed  in any legislation or other formal
document.  

    Between June 1990 and June 1992, total employment has fallen by 17,100
(1.2 per cent). Over the same period, the number of people unemployed has
increased by 42,800 (36.0 per cent), and the total number of people in the
labour force has increased by 25,700 (1.6 per cent).

         Table 5. Employment by sex and ethnic group, June 1992

------------------------------------------------------------------------------

Ethnic group             Numbers (000's)            Participation rate (%)
                         ---------------            ----------------------
                    Male     Female    Total     Male    Female      Total
------------------------------------------------------------------------------
European           712.0     554.6    1 266.6    73.2     54.5        63.7
Maori               56.2      47.1      103.3    70.9     49.6        59.5
Pacific             26.0      20.8       46.8    73.5     49.8        61.1
Is./Polynesian
Other               23.2      18.4       41.7    71.8     52.5        61.9
Not specified        -         -          -      50.5     61.0        54.6
Total              817.6     641.0    1 458.6    72.9     53.8        63.2
------------------------------------------------------------------------------
Source: Department of Statistics, Household Labour Force Survey. 

    Male unemployment increased from 73,200 to 97,900 over the last two years
(33.7 per cent), compared with an increase from 45,600 to 63,700 for females
(39.7 per cent).

    People continue to be more likely to be unemployed if they are Maori or
Pacific Island Polynesian. These two groups also experienced the largest
increases in numbers unemployed over the last two years, with unemployment
amongst those of Maori or Maori/European origin increasing from 24,800 to
34,900 (40.7 per cent), and amongst Pacific Island Polynesians from 9,700 to
15,600 (60.8 per cent) respectively. This compares with an increase of 31.9
per cent for those of European origin".

    The Equal Employment Opportunities Policies has two components: Maori and
Women. In the Women's component:

    "The women's employment coordinator advises employment centres on issues
involving women in the workforce, and designs programmes to assist women into
work. Recent initiatives included a video for Maori women job seekers and
advice for women returning to paid work after being out of the workforce. The
Women's Employment Strategy aims to improve the placement of Maori women into
work: develop measures to encourage Pacific Island women to register with the
NZES and be assisted to find work; monitoring and increasing the placement of
women into non-traditional occupations".

4. Night work

    In 1987, the Government presented the "Instrument of Denunciations"
concerning the Night Work (Women) Convention (Revised), 1948 (No. 89),
ratified in 1950. The denunciation was registered in March 1981 and took
effect as from 19 March 1982. The reasons put forward by the Government were
that:

    "In accordance with the principles adopted by the ILO Governing Body, the
New Zealand Government has consulted with the representative organizations of
employers and workers, namely the New Zealand Employers' Federation and the
Federation of Labour (as well as the State Services Coordinating Committee and
the Combined States Unions), to advise them of the Government's intentions and
seek their views and advice. These consultations have primarily taken place
within the New Zealand Steering Committee on Night Work Research.

    Both in the course of the Committee's discussions and on other occasions
the employer and worker representatives have demonstrated their support for
denunciation as the first step in implementing a coherent policy on shift work
and as a prime move towards full equality of opportunity in general. It is
considered that prohibiting night work in factories but ignoring other forms
of night employment which are inherently more dangerous, such as police work,
nursing and public transport, is discriminatory rather than protective and
runs contrary to the spirit of the New Zealand Human Rights Commission Act
1977, which was enacted in order that New Zealand could ratify the
International Covenants on Human Rights". 

5. Underground work

    In 1987, the Government presented the "Instrument of Denunciation"
concerning the Underground Work (Women) Convention, 1935 (No. 45), ratified in
1938. The denunciation was registered in June 1987 and took effect from 23
June 1988. The reasons put forward by the Government were that:

    "There is a general consensus that the Convention ignored the principles
of equality laid down in international human rights instruments and embodied
in New Zealand law. Continued adherence to the Convention would overlook the
fact that dangerous and harsh working conditions are equally harmful to men as
women, and that improvements in working conditions and changes in public
attitudes and social circumstances combine to make many traditional views of
women and work obsolete. Further, it is felt that women should no longer be
denied access to the increased job opportunities opening up in coal mining in
recent years". 


REPORT OF THE INTERNATIONAL LABOUR OFFICE UNDER ARTICLE 22 OF THE CONVENTION
ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN
(Thirteenth session of CEDAW)

Norway

Relevant ILO Conventions ratified by Norway

    Norway has ratified the following ILO Conventions, which deal
specifically with women or contain provisions dealing specifically with women:

    -    White Lead (Painting) Convention, 1921 (No. 13) (ratified in
         1929);
    -    Equal Remuneration Convention, 1951 (No. 100) (ratified in 1959);
    -    Discrimination (Employment and Occupation) Convention, 1958
         (No. 111) (ratified in 1959);
    -    Employment Policy Convention, 1964 (No. 122) (ratified in 1966);
    -    Human Resources Development Convention, 1975 (No. 142) (ratified
         in 1976);

    -    Workers with Family Responsibilities Convention, 1981 (No. 156)
         (ratified in 1982).

Information available to the ILO since the date of the Government's  initial
report 

1. Equality of remuneration

    In 1992, the Committee of Experts on the Application of Conventions and
Recommendations made, inter alia, the following observation on the application
of the Equal Remuneration Convention, 1951 (No. 100):

    "The Committee notes the Government's statement that the number of
complaints made to the Equal Status Ombud concerning equal pay contraventions
under section 5 of the Equal Status Act seem to have become stabilized at a
relatively low level in relation to the pay inequalities that still exist. The
Government emphasizes that though it is not unusual for wage inequalities to
be corrected without reference to the Ombud (especially as employee
organizations have been making more active use of the Act) it must conclude
that the public still has too little information about the Act and the
mechanisms of appeal. Moreover, states the Government, it is also likely that
some of those with the necessary knowledge choose not to complain: the high
rate of unemployment is probably one explanation for this situation.

    As to the nature of the complaints dealt with by the Ombud, the Committee
has noted that most complaints concern basic remuneration; complaints with
respect to other supplements, bonuses or benefits have diminished. The
Committee notes with interest, however, that the Ombud has initiated an
inquiry into a private sector agreement which excludes from severance pay
those employees filling less than 50 per cent of a position. It notes that the
Ombud will consider whether this represents indirect discrimination in view of
the fact that those excluded from the agreement are primarily women.

    The Committee has also noted that some questions of principle have been
determined by the Equal Status Appeals Board and by the Labour Disputes Court
concerning the scope of comparison for the purposes of equal pay. For example,
it has been determined by the Appeals Board that comparisons in job appraisal
do not have to be made between workers who are employed concurrently; and a
judgement of the Labour Disputes Court has recognized that different
occupations may be regarded as comparable if there are similarities as regards
training for the occupation and the job assignments involved and if the
employees in the different occupations work with some degree of collaboration
at the same workplace. In this connection, the Committee notes that the Equal
Status Ombud considers that comparisons between workers with different types
of specialized training should be further encouraged. Noting also from the
report that the Equal Status Act is at present under revision, the Committee
requests the Government to provide information on any amendments made to the
Act; and to continue to furnish details on the outcome of equal pay matters
dealt with by the Ombud and the above-mentioned courts.

    The Committee notes that as part of a modernization of the public sector,
new wage determination systems have been introduced for the central and local
governments. The objective of this initiative is to provide greater
flexibility and opportunities for the differentiation of pay
according to education or training, practice of competence, to improve the
possibility of recruiting and keeping qualified workers by reducing the
differences in pay between the private and the public sectors; and to
decentralize decision-making and give individual undertakings the opportunity
to use pay as a means of achieving better results.

    The Committee further notes that the Equal Status Ombud and the Equal
Status Council have drawn the attention of the Minister of Labour and
Government Administration to the need to ensure that these flexible wage
systems do not increase pay inequalities between women and men. These bodies
have pointed out that the criteria for determining wages must be
non-discriminatory in practice. They have stated in this regard that while
many criteria are theoretically neutral as regards gender (e.g. willingness to
work overtime, to take on jobs with difficult working hours) in practice they
create greater difficulties for women than for men because women still bear
the main responsibility for caring for their families. Thus requirements are
needed to link performance specifically with work done during normal working
hours (with appropriate adjustments for part-time work); and it is necessary
to stipulate that absence in connection with statutory maternity leave must
not have negative consequences for performance evaluation. The equal status
bodies have also pointed out that, in hiring, it must be recognized that women
and men have different ways of marketing themselves and men often find it
easier both to make demands and to have them accepted. Further, existing pay
inequalities between women and men will be aggravated if a decisive weight is
given to the fact that an applicant is considered to have a high market value
or already occupies a highly paid position.

    The Committee would be grateful if the Government would continue to
report on the impact these new wage-fixing systems have on the application of
the Convention.

    The Committee notes with interest that the Federation of Trade Unions
denoted equal remuneration as one of their priority areas for the period
1990-93. In this connection, it notes that a committee of representatives from
employers' and workers' associations was appointed during the collective wage
agreement negotiations to discuss possible strategies for achieving equal 
remuneration; and that this has taken the form of a project aimed, inter alia,
at investigating ways of making job appraisal systems into appropriate
instruments for reducing pay inequalities. The Committee requests the
Government to furnish details concerning this project". 

2. Equality in employment

    In its report of 1993, the Government provided the following information:

    "In 1989, the number of people in employment was 2,049,000, consisting of
1,136,000 men and 915,000 women. In the first half of 1992, the number of
employed had decreased to 1,996,00 persons (1,089,000 men and 907,000 women).

    Two hundred and sixteen thousand people were not in paid employment, but
did domestic work at home. Of these, 212,000 were women.

    Marriage is today of little consequence for women's relationship to the
labour market. After childbirth, most women go back to work after a period of
maternity leave. In two thirds of the families with small children both
parents are employed. Single mothers are working to a somewhat greater extent
than married ones".

3. Employment policy

    In its report of 1993 on the application of the Employment Policy
Convention, 1964 (No. 122), the Government provided the following information:

"Employment and the total labour force

    According to the labour market survey (AKU) of the Central Bureau of
Statistics, there was a marked fall in employment - by 35,000 - from the first
half of 1990 to the first half of 1992. Employment fell by 34,000 for men and
1,000 for women. The drop was most pronounced in manufacturing, construction
and the primary industries. The competitively exposed sector accounted for
more than 64 per cent of the total decline in employment in the same period. 

Unemployment

    Together with an increase in the population of working age, the weak
demand for labour has led to marked growth in unemployment from the first half
of 1990 to the first half of 1992. Registered unemployment rose by about
21,000 (22 per cent) in this period. Women accounted for about 35 per cent of
registered unemployment".

The Government declared that:

    "One goals of the labour market services, is to forward equality of
status between the sexes in the labour market policy. This aspect shall be
integrated in the different activities of the labour market services, such as
employment services, and the labour market measures.

    The labour market service continues its heavy involvement in measures to
help widen women's choice of occupation and to increase their opportunities of
employment. Central and local plans have been drawn up and are followed up by
special advisory officers attached to all county employment offices. There has
been an increase in motivation and information measures for women.

    Wage subsidies to employers who take on women in male-dominated
occupations and men in female-dominated occupations have mainly been used to
motivate young girls to take on apprenticeships in male-dominated occupations.

Concerning projects to break down the gender-divided labour market:

    The JOB-PROFILE projects is a Nordic collaborative project with the aim
of developing and trying to motivate industrial employers to take care of
women's qualities and stimulate their resources/technical skills in various
industrial activities".

4. Human resources development

    In its report of 1993 on the application of the Human Resources
Development Convention, 1975 (No. 142), the Government provided, inter alia,
the following information:

    "The majority of both boys and girls continue to choose their education
in subjects and lines of study which are traditional for the two sexes.
However, the proportion of women in typical male-dominated subjects, such as
economics and administration, medicine, law and engineering, has risen.

    Girls make up 54 per cent of the students who complete university or
college courses at first-degree level, 40 per cent at third-degree level, but
only 15 per cent who complete at fourth-degree level.

    In some countries, courses for girls in male-dominated jobs have been
arranged with the intention to build up support and network for the
participants.

    Business establishment courses for women have been held in a number of
counties".

    The Government also informed that "as adopted on 12 June 1987, the first
paragraph of section 8 of the NIS Act authorized deviation in collective
agreements from a number of provisions in Act No. 18 of 30 May 1975, the
Seamen's Act, including section 13 on pregnancy and birth, etc. The amendment
in Act No. 20 of 31 May 1991 entails that it will no longer be possible to
deviate from section 13 in respect of service on ships registered in the
Norwegian International Ship Register".

5. White lead (painting)

    In its report of 1931 on the application of the White Lead (Painting)
Convention, 1921 (No. 13), the Government declared that the Act of 24 May 1929
contains a provision "regarding the prohibition of employing males under 18
years of age and all females in any painting work of an industrial character,
involving the use of white lead". 


REPORT OF THE INTERNATIONAL LABOUR OFFICE UNDER ARTICLE 22 OF THE CONVENTION
ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN
(Thirteenth session of CEDAW)

Senegal

(Also see ILO reports for the seventh and eighth sessions of CEDAW.)


Relevant ILO Conventions ratified by Senegal

    -    White Lead (Painting) Convention, 1921 (No. 13) (ratified in
         1960);
    -    Night Work (Women) Convention (Revised), 1948 (No. 89) (ratified
         in 1962);
    -    Equal Remuneration Convention, 1951 (No. 100) (ratified in 1962);
    -    Discrimination (Employment and Occupation) Convention, 1958
         (No. 111) (ratified in 1967);
    -    Employment Policy Convention, 1964 (No. 122) (ratified in 1966).

Additional information received since the ILO report to the twelfth session

1. Equal remuneration

    In 1993, the Committee of Experts on the Application of Conventions and
Recommendations made the following direct request concerning the application
of the Equal Remuneration Convention, 1951 (No. 100):

    "The Committee notes the Government's assertion that women generally work
in the food industry and in the various branches of agriculture or as house
servants. The Committee would appreciate information on the application of
Ministerial Order No. 974 (MFPTDE-DTSS) of 23 January 1968, which fixes the
general working conditions for domestics and house servants, in order to
ensure that the principle of equal remuneration for work of equal value is
being applied. It further requests the Government, in its next report, to
supply information on the relative numbers of men and 
women, at the various levels, in sectors which employ a high proportion of
women, particularly the food industry.

    The Committee notes that the wages in branches of the economy that are
not governed by collective agreements are fixed by order of the Ministry of
Labour. It requests the Government to communicate the ministerial orders that
may have been issued with respect to the wages in branches of the economy not
governed by collective agreements (domestics and agricultural occupations, for
example).

    The Committee notes that infringements of the Convention with respect to
wages observed by regional labour inspections are on the rise and would
appreciate data on the steps taken to correct cases of non-compliance as well
as any other measures taken or planned to ensure or promote the effective
implementation of the principle of the Convention.

    With regard to the public sector, the Committee notes that the report
gives no details on the system of remuneration determined by Law No. 61-33 of
15 June 1961 and once again requests the Government to communicate the decrees
that may have been adopted in application of article 27 of that law fixing
scales of wages and allowances and the regulations governing supplementary
emoluments (copies of the texts implementing Law No. 61-33 were supposed to
have been attached to the report, but were not received). It further requests
that the Government explain whether a job evaluation system is now being
applied".

2. Equality in employment

    In 1993, the Committee of Experts on the Application of Conventions and
Recommendations made the following direct request concerning the application
of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111):

    "The Committee notes that the Government asserts that awareness campaigns
to prepare girls for access to jobs traditionally held by men were being
continued indefinitely through the mass media. It recalls the earlier
Government observation on the subject to the effect that, in conjunction with
a public information campaign, it planned to increase the awareness of
employers concerning access by girls to those jobs. It would be grateful if
the Government, in its next report, would supply information on the general
methods used to secure the cooperation of employers' and workers'
organizations and other appropriate agencies in promoting acceptance and
application of the national policy of promoting equal opportunities and equal
treatment in employment and occupation, including vocational training, and of
eliminating any discrimination based on sex, in conformity with articles 2 and
3 of the Convention.

    Noting that there is no reply from the Government concerning its earlier
comments relating to the Office for Vocational Training (ONFP), the Committee
once again requests the Government to provide information on the aspect of
ONFP's activities concerned with the vocational training of women and on any
positive practical action to facilitate the access of women to training and
employment, in particular in jobs traditionally held by men".

3. Employment policy

    In 1993, the Committee of Experts on the Application of Conventions and
Recommendations made the following direct request concerning the application
of the Employment Policy Convention, 1964 (No. 122):

    "The Government refers to programmes to promote employment in the urban
and rural informal sectors that include measures to foster credit availability
to support the most modest initiatives and to encourage the initiators to
organize in economic interest groups. It also mentions the National Plan of
Action for Women. It is requested to supply detailed information on the
execution of each of those programmes, the difficulties encountered and the
results obtained.

    The Committee has also been informed of the relevant technical
cooperation activities of the ILO. It notes that the ILO is responsible for
executing the support project for defining and implementing a national
employment policy under the fifth UNDP programme in Senegal. The Committee
observes that one of the objectives of this programme is adoption of a
National Employment Programme (1992-1995), development of appropriate
implementation and evaluation instruments, adaptation and integration of
programmes for job insertion, reinsertion and creation now being executed
under the National Employment Programme. It is confident that this project
will result in a better implementation of the Convention. It invites the
Government to indicate to what extent it will have contributed to the
formulation and application, in consultation with the representatives of those
concerned, of an active  employment promotion policy in accordance with
articles 1, 2 and 3 of the Convention".

    In its report, the Government mentions an indicative figure of 629
million francs as its allocation to women's groups for the period 1990199 1. 


REPORT OF THE INTERNATIONAL LABOUR OFFICE UNDER ARTICLE 22 OF THE CONVENTION
ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN
(Thirteenth session of CEDAW)

Zambia

(Also see the ILO report for the twelfth session of CEDAW.)


Relevant ILO Conventions ratified by Zambia

    Zambia has ratified the following ILO Conventions, which deal
specifically with women or contain provisions dealing specifically with women:

    -    Underground Work (Women) Convention, 1935 (No. 45) (ratified in
         1964);
    -    Night Work (Women) Convention (Revised), 1948 (No. 89) (ratified
         in 1965);
    -    Equal Remuneration Convention, 1951 (No. 100) (ratified in 1972);
    -    Maternity Protection Convention (Revised), 1952 (No. 103)
         (ratified in 1979);
    -    Discrimination (Employment and Occupation) Convention, 1958
         (No. 111) (ratified in 1979);
    -    Employment Policy Convention, 1964 (No. 122) (ratified in 1979);
    -    Termination of Employment Convention, 1982 (No. 158) (ratified in
         1990) .

Information available to the ILO since the ILO report submitted to the twelfth
session 

1. Equality of remuneration 

    In 1993, the Committee of Experts on the Application of Conventions and
Recommendations made, inter alia, the following direct request on the
application of the Equal Remuneration Convention, 1951 (No. 100): 
 
    The Committee notes that the new Industrial Relations Act of 23 January
1991 makes it compulsory to inform works councils of decisions taken by
employers affecting, inter alia, job evaluation (section 106) and gives them
the right of veto over certain decisions (the recruitment of new employees and
the assessment of their salaries and the payment of bonuses and incentives:
section 107). The Committee requests the Government to inform it of any -cases
in which the problem of the application in practice of these provisions has
already arisen.

2. Equality in employment

    In its report of 1992 on the application of the Discrimination
(Employment and Occupation) Convention, 1958 (No. 111), the Government
declared that the Industrial Relations Act of 23 January 1991 repeals the
Industrial Relations Act of 1971, and provides alleged victims of
discrimination on grounds of race, colour, sex, marital status, religion,
political opinion or affiliation, tribal extraction or social status with a
complaint procedure before the Industrial Relations Court (sections 129(1) and
(2)).

3. Employment policy

    In its report of 1992 on the application of the Employment Policy
Convention, 1964 (No. 122), the Government informed that:

    "Contrary to what was submitted in the previous report, self-help
approach in agriculture has not been very successful as a result of which no
real impact has been felt because the cropping season was generally
unfavourable throughout the country due to the significant rainfall deficits
and the dry spell. Shortage of both basal and top dressing fertilizers due to
the late arrival of the imported fertilizer was another problem. In order to
step up self-help approach to agriculture, increase production and make the
programme more effective so as to be able to provide employment, there is need
to improve institutional support services like credit, pricing policies and
timely supply of inputs such as seed and fertilizer. The Government is fully
committed to redress the apparent problems".

4. Maternity protection

In its reports of 1993 on the application of the Maternity Protection

    Convention (Revised), 1952 (No. 103), the Government declared the
following:

    "It is desired to point out that at present Zambia has no comprehensive
security scheme, but measures are being taken to establish this scheme as soon
as logistics have been worked out. It is envisaged that the scheme will be
non-discriminatory.

    The Act provides a maternity leave of twelve (12) weeks in line with
paragraph 2 of Article 3 of the Convention. As regards how this leave should
be taken this is left to the women concerned to determine the manner in which
they would like to take the maternity leave. The other consideration the State
has taken for not enacting into law on how the maternity leave should be
apportioned is due to custom and practice whereby women like to take leave of
longer duration after delivery.

    The Committee's concern on minimum duration of employment for eligibility
in respect of sick leave specified in article 54 of the Employment Act is
noted. However, it is desired to point out that in practice this provision is
not a hindrance as such because female workers who become sick, arising out of
or connected with pregnancy, are granted sick leave with full pay without any
consideration of minimum qualifying period.

    The minimum qualifying period in the Act is not strictly referring to
cases of maternity but is of general application. The intent of section 15A(3)
of the Employment (Amendment) Act No. 18 of 1992 was not, as has been implied
by the Committee, to restrict availing pregnant working women to sick
provisions on account of qualification. The practical application of the
provisions is that each time a pregnant working woman falls ill as a
consequence of pregnancy, the employer grants her paid sick leave on
production of a medical certificate. This is done either before or after
delivery.

    Concerning extension of maternity due to illness, it is desired to point
out that a woman on maternity leave who falls ill as a result of pregnancy by
it before or after confinement may avail herself to the provisions of section
54 of the Employment Act, Cap. 512 of the Laws of Zambia. The effect of this
is that, whether or not a woman falls ill before or after confinement, as long
as she produces a medical certificate, she will be granted sick leave with
full pay.

    Medical benefits are provided by the state medical services, the Zambia
National Provident Fund provides cash grants and the employer pays the wages.
The maternity benefits in totality are therefore provided by the State, Zambia
National Provident Fund and the employer".

    The Government attached a copy of the Minimum Wages and Conditions of
Employment (General) Order, 1990 - statutory instrument No. 106 of 1990 which
makes the following provision:

"4.1 Maternity leave


    (i) A female employee shall be entitled to 90 days paid maternity leave
on production of a medical certificate as to her pregnancy signed by a
registered medical practitioner provided she has completed two years
continuous service from the date of first engagement or since the last
maternity leave was taken.

    (ii) Maternity leave granted under this regulation shall be exclusive of
any other leave to which the employee may be entitled.

4.2 Special leave

    (i) An employee shall be granted three days' leave on the occasion of his
marriage.

    (ii) An employee shall be granted seven days' paid leave on the death of
wife, husband, child, mother or father".

    It also attached a copy of the Minimum Wages and Conditions of Employment
(Shop Workers) Order, 1990 - statutory instrument No. 107 of 1990 which makes
the following provision:

"9. Maternity leave

    (i) A female employee will be entitled to 90 days' paid maternity leave
on production of a medical certificate as to her pregnancy signed by a
registered medical practitioner provided she has completed two years'
continuous service form the date of first engagement or since the last
maternity leave was taken.

    (ii) The maternity leave granted under this paragraph shall be exclusive
of any other leave to which the employee may be entitled. 

    (iii) In case of illness which arises out of pregnancy and results in a
female employee becoming temporarily incapable of performing her official
duties, such employee shall be entitled to sick leave in accordance with the
provisions of paragraph 8 of this Schedule".


                               _____

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