Demande directe (CEACR) - adoptée 2016, publiée 106ème session CIT (2017)

Repetition

Articles 1 and 5 of the Convention. Discrimination based on sex. Restrictions on women’s employment. In its previous comments, the Committee emphasized that the Labour Code contains restrictions on women’s employment (section 27) which are not limited to the protection of maternity. The Committee recalls that, where the aim is to repeal discriminatory protective measures relating to women’s employment, it may be necessary to examine what other measures, such as improved health protection for both men and women, adequate transportation and also social services, are needed to ensure that women have the same access as men to all types of employment. The Committee requests the Government to take the necessary steps to ensure that any restriction on women’s employment laid down in the future Labour Code is strictly limited to the protection of maternity and is not based on stereotypes regarding women’s professional abilities and role in society without account being taken of their real capacity to perform the job in question. The Government is requested to provide information on any supporting measures taken designed to ensure in practice equality of opportunity for men and women regarding access to employment.

Gender equality. Public service. In the absence of information on this point, the Committee again requests the Government to indicate the underlying causes for the low percentage of women employed in the public service (9.19 per cent in the top category) and the measures taken or envisaged to promote their access to a greater number of posts at all levels. Please also provide information on any follow-up to the recommendation to allocate a quota for women in the highest category of the public administration, and on the results achieved.

Gender equality. Private sector. In its previous comments, the Committee highlighted the existence of substantial occupational segregation between men and women in the labour market and in training. The Committee notes that, according to the statistics published in 2011 by the Central Statistical Office, the proportion of women in the active population was about 23 per cent in 2009, with women mainly employed in the services, financial intermediation and insurance sectors. These statistics also show that 43 per cent of women who work have a university diploma (compared with 20 per cent for men) and only 15 per cent have their own business or are self-employed. The Committee again requests the Government to indicate the 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, and to specify the results achieved. The Committee encourages the Government to conduct any survey that it considers useful with a view to identifying the causes of the low proportion of women in the active population and requests it to indicate any measures taken to reduce and eliminate obstacles to women’s employment.

Foreign domestic workers. In its previous comments, the Committee considered that the broad wording of clause 16(a) of the standard employment contract adopted in 2009 (termination of employment by the employer if the worker commits a deliberate mistake, is guilty of neglect, assault or threats, or harms the interests of the employer or any member of his or her family) and the adverse consequences for the worker exercising the right to terminate the contract under clauses 17(a) (non-payment of wages for three months) and 17(b) (violence, abuse or harassment by the employer), especially since termination always results in the foreign domestic worker having to leave the country. The Committee notes the Government’s indication that its concerns will be conveyed to the National Steering Committee and to the commission responsible for reviewing the legislation and working methods. It also notes that the study on access to the justice system for migrant domestic workers in Lebanon, which was conducted jointly by the ILO and the Caritas Lebanon Migrant Centre in 2014, recommends in particular that the standard employment contract be amended to reflect the provisions of the Domestic Workers Convention, 2011 (No. 189). The Committee again requests the Government to take steps to improve the protection of foreign domestic workers against discrimination based on the grounds specified by the Convention, particularly by amending the clauses of the standard employment contract and the means of redress in the event of violation of the contract. Please indicate whether it is envisaged to allow foreign domestic workers to change employers, especially in cases of abuse or discrimination.

Non-citizens. The Committee notes the statistics in the survey on employment for Palestinians published in 2014 by the ILO Regional Office for Arab States, according to which the economic activity rate for Palestinian refugees living in Lebanon is 42 per cent (15 per cent for Palestinian women) out of a total Palestinian refugee population of between 260,000 and 280,000 (90 per cent of whom were born in Lebanon). They are mainly employed in the commerce and construction sectors and their average earnings are well below the minimum wage. The Committee notes Decision No. 46/1 of 24 February 2011 concerning the occupations reserved for Lebanese nationals and those open equally to Palestinians and Lebanese. It also notes that the amendment to section 59 of the Labour Code in 2010 allows Palestinian refugees, on termination of their employment, to enjoy the rights conferred on Lebanese workers and to be exempted from the work permit tax. The Committee again requests the Government to indicate any measures taken to analyse the nature and extent of discriminatory employment practices against Palestinian refugees, and the measures taken to ensure their effective protection against discrimination based on the grounds specified by the Convention. The Government is also requested to specify the occupations to which refugees do not have access.

Enforcement. The Committee once again requests the Government to take steps to improve the capacity of the labour inspectorate to detect cases of discrimination in employment and occupation, and to raise awareness of the subject among magistrates, workers, employers and their organizations. The Government is also requested to make additional efforts to gather information on administrative or judicial decisions concerning cases relating to discrimination.