Demande directe (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

Repetition

Sexual harassment. The Committee notes the Government’s statement that draft section 86(3) is still under discussion and that sexual harassment is adequately covered in the Penal Code. The Government indicates, however, that it will make an effort to ensure that the internal statutes of undertakings include a penalty for sexual harassment, define sexual harassment and identify the manner of raising awareness in this regard. The Committee recalls the importance of taking effective measures to prevent and prohibit all forms of work-related sexual harassment (severe as well as more subtle forms of sexual harassment) and draws the attention to the limited effect of penal law provisions, including those relating to burden of proof. The Committee notes the observations of the Association of Lebanese Industrialists supporting more comprehensive protection against sexual harassment in the national legislation, including in the Labour Law. The Committee urges the Government to make progress in adopting effective legal and practical measures aimed at preventing and prohibiting both quid pro quo as well as hostile environment sexual harassment as defined in its 2002 general observation. Please indicate the steps taken to ensure that sexual harassment in all its forms is addressed in the internal statutes of undertakings, including awareness raising.

Discrimination based on sex – Unjustified restrictions on women’s employment. The Committee notes the Government’s explanation that section 35 of the draft Labour Law specifies that:

• Women’s employment shall be prohibited in dangerous, exhausting tasks or in tasks which harm their biological condition of maternity and pregnancy, provided that they are fixed by virtue of a decree to be taken by the Council of Ministers, on the basis of a proposal by the Minister of Labour. Their employment shall also be prohibited, regardless of their age, underground, in any mine.

With regard to the employment of women in mines, the Committee refers to its 2009 direct request on the Underground Work (Women) Convention, 1935 (No. 45), and hopes that these will be taken into account in the final drafting of section 35. Noting that draft 86(3) still appears to broadly prohibit women’s employment in dangerous and exhausting tasks, the Committee urges the Government to make every effort to ensure that the final text of 86(3) only allows for employment restrictions on women that are strictly limited to maternity protection.

Discrimination based on religion in the civil service. The Committee notes that the rule of equal representation of religions for first category posts continues to be maintained, and notes the data provided by the Government on the number of first category employees of Christian and of Muslim faith. However, it regrets that again no data have been provided on the composition of the labour force in the other categories of the public service, disaggregated by sex and religion, following competitive exams pursuant to section 54 of Act No. 583 of 23 April 2008. The Civil Service Council states that the appointment of persons who pass the exams is left to the discretion of the body or institution in question and that it does not have data on those employed or those who succeeded in obtaining contracts subsequent to the exams. Recalling that collecting data on the composition of the civil service is essential for assessing any inequalities relating to access to all posts in the civil service and for an effective evaluation of the progress made in applying the Convention, the Committee urges the Government to make serious efforts to collect and provide comprehensive data, disaggregated by sex and religion, on the composition of men and women and their religions in all posts of the civil service. Please continue to provide information on any developments regarding the rule of equal representation of religions in top positions.

Equality between men and women – Civil service. The Committee notes the persisting low representation (9.19 per cent) of women in the highest category of the public administration, and notes from the Government’s report that the Council of Ministers recommended allocating a quota for women in the first category of the civil service. The Civil Service Council also reasserts that due to the principle of merit and competence in competitive exams, appointment or employment is being decided on the basis of the results of exams regardless of the sex of the competent candidate. While noting these explanations, the Committee recalls the overall low percentage of women employed in public administration, public institutions and municipalities. The Committee therefore asks the Government to indicate the underlying causes for the low percentage of women employed in the civil service and the measures taken or envisaged to promote their access in a wider range of posts. Please provide information on any follow up given to the recommendation to allocate a quota for women in the highest category of public administration, and the results achieved.

Equality between men and women – Private sector. The Committee notes the Government’s statement that there is no discrimination between men and women as all areas of work are open to all and depend on merit and competence. The Committee recalls the overall low participation of women in the private sector and their enrolment in training courses such as aesthetics, nursing and childcare, and administration, which are stereotypically “female” and which have fewer career prospects. The Committee points out that the Convention also covers situations where inequality is observed in the absence of a clearly identifiable author, including occupational gender segregation, and that these need to be addressed in the context of a national policy on equality required under Article 2 of the Convention. The Committee asks the Government to make every effort to provide statistical data, disaggregated by sex, as detailed as possible on the employment of men and women in the various economic sectors and occupations, and to indicate all measures taken to promote women’s participation in a wide range of occupations and training courses, including those traditionally reserved for men and offering better career opportunities.

Foreign domestic workers. The Committee notes the Government’s indications that the unified employment contract for foreign domestic workers is quasi obligatory and must be formulated according to the model adopted by the National Conciliation Committee. The Government states that there are over a 100,000 contracts, which is equal to the number of female migrants engaged in domestic work. The Committee notes that clauses 16(a) and (b) and 17(a)–(c) of the unified employment contract for foreign domestic workers cover termination of employment by the employer or the worker. It notes in particular clause 16(a) which allows the employer to terminate the contract if the worker “commits a deliberate mistake, neglect, assault or threat, or causes any damage to the interest of the employer or any member of his or her family”, and clause 17(a) and (b) which allows the foreign domestic worker to terminate the contract in the case of non-payment of wages for three consecutive months, or if the employer or a family member or any resident in the house “beats, assaults, sexually abuses or harasses the domestic worker after such has been established through medical reports given by a forensic physician and investigation records provided by the Judicial Police or Ministry of Labour”. The Committee is concerned that the broad wording in clause 16(a) regarding termination of employment by the employer and the onerous requirements in clause 17(a) on the worker wishing to terminate the contract in the cases of violence, abuse or harassment, severely limits the effective protection of workers against discrimination, including sexual harassment, and renders illusionary their possibility for effective redress, especially since termination always results in the foreign domestic worker having to leave the country. The Committee had previously noted that the permit of a foreign worker who has been exposed to aggression by the employer shall be retrieved. Foreign domestic workers suffering from discrimination and abuse may therefore refrain from bringing complaints and seeking redress out of fear of retaliation by the employer, including termination or non-renewal of the employment contract. The Committee notes that the complaints office set up by the Ministry of Labour received only six complaints, one of which was directly submitted by a domestic worker, four by non-governmental organizations and one by an embassy. Complaints related to non-payment of wages, prohibition of phone calls; non-application of the employment contract, and abuse and sexual harassment. No information has been provided regarding whether any cases have been submitted to the courts. The Committee asks the Government to take measures to improve the protection against discrimination of foreign domestic workers and their means of redress in cases of violations of the unified employment contract, and to indicate whether any consideration is being given to allowing flexibility for the foreign domestic worker to change employer especially in cases of abuse and discrimination. The Committee also asks the Government to indicate any measures taken to improve access of foreign domestic workers to legal remedies and speedy complaints procedures and continue to provide information on the number and nature of the complaints submitted by domestic workers for violations of the unified employment contract, Order No. 7/1 of 2003 and Order No. 13/1 of 2009 regarding employment agencies who bring in foreign domestic workers, and the outcomes achieved, as well as any cases addressed by the courts.

Non-citizens. The Committee recalls the high unemployment rate for male (9 per cent) and female (26 per cent) Palestinian refugees, and their vulnerability to inequalities and prejudices with respect to access to employment. The Committee notes the Government’s statement that the National Assembly inserted a paragraph into section 59 of the current Labour Law relating to Palestinian refugees, and that after promulgation of the Law the Government will provide available statistics on employment of Palestinian refugees. The Committee asks the Government to provide the text of the amendment to section 59 of the Labour Law and hopes that the requested statistics on the employment of non-citizens, disaggregated by sex and origin, and in particular Palestinian refugees, will be included in the Government’s next report. The Committee reiterates its request to the Government to indicate any measures taken to analyze the nature and extent of discriminatory employment practices against Palestinian refugees and the measures taken to ensure their effective protection against discrimination.

Enforcement. The Committee notes the absence in the Government’s report of specific information on training activities for the labour inspectorate relating to equality and non-discrimination, and that no decisions have been rendered on questions of principle relating to the application of the Convention. The Committee asks the Government to continue efforts to improve the capacity of the labour inspectorate to address discrimination in employment and occupation, and to report on any progress made. The Government is also requested to make additional efforts to gather information on administrative or judicial decisions to cases relating to discrimination.