Demande directe (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - Liban (Ratification: 1977)

Autre commentaire sur C111

Observation

Demande directe

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The Committee notes the observations of the General Confederation of Lebanese Workers (CGTL) communicated by the Government with its report.

Articles 1(1)(a) and 5 of the Convention. Discrimination based on sex. Restrictions on women’s employment. The Committee recalls that, in its previous comments, it emphasized that the Labour Code contains restrictions on women’s employment (section 27) which are not limited to the protection of maternity and it requested that the Government take the necessary steps, in the context of labour legislation reform, to ensure that these restrictions do not go beyond the protection of maternity. The Committee notes that the Government’s report does not contain any information in this regard and is bound to repeat its requests. The Committee once again asks 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 Committee also asks the Government to consider other steps, such as better safety and health protection for men and women, adequate transport or social services, that might be necessary to allow women the same opportunities as men regarding access to all types of employment and to provide information on any measures taken for that purpose.

Article 2. Gender equality. Civil service. The Committee notes the detailed statistics provided by the Government regarding the number of men and women employed in the civil service. The Committee observes that, while 43.3 per cent of officials in the public administration are women, only 25.4 per cent of officials in the highest category are women. The Committee asks the Government to identify the steps taken or envisaged to identify the underlying causes of this de facto inequality and to actively promote access for women to a greater number of posts at all levels, particularly those in the higher categories, and to continue to provide statistics disaggregated by sex, evaluating the impact of these measures.

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 the concluding observations of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) in which it expressed concern about “the lack of measures to promote the concept of shared family responsibilities and to combat the difficulties that women face in combining work and family responsibilities.” The CEDAW also expressed concern about “women’s limited access to the formal labour market, … occupational segregation and … the high percentage of women in low-paid jobs, such as service sector workers and salespersons, administrative staff and mid-level professionals” (CEDAW/C/LBN/CO/4-5, 24 November 2015, paragraph 35). The Committee also notes that the CGTL indicates that the rights provided under the Labour Code do not ensure equal protection for men and women and suggests that a seminar on legislation be held, following consultations with workers’ and employers’ organizations and the Government, with a view to developing a joint code of conduct aimed at ensuring equality of treatment and opportunity. The trade union also indicates that it encourages the executive authorities to propose an amendment to the Labour Code and then for the legislature to adopt that amendment. The Committee notes that the Government refers to the third annual report (2015) on the implementation of the National Strategic Plan for Women in Lebanon, which details the action and activities undertaken by some non-governmental organizations and international organizations, including lobbying to amend the labour legislation and training for women to enter and make progress in the labour market. This report indicates that the Minister of Social Affairs has implemented programmes for women’s economic independence and support services for women who work. The Committee also notes that, in the framework of the National Strategy for Women (2011–21), a new plan of action was adopted for the period 2017–19 with the aims of: (i) eliminating the discriminatory provisions in the laws governing the work of women; (ii) raising the awareness of women of their labour rights and the opportunities available; and (iii) developing women’s skills to improve their participation in economic activity. The Committee asks the Government to provide detailed information on all the measures taken to eliminate discrimination against women and to promote equality between men and women in employment and occupation. More specifically, the Committee asks the Government to report on the steps taken to implement the National Strategy for Women 2011–21, including within the framework of the National Plan of Action 2017–19, identifying the results achieved in terms of the revision of discriminatory laws and the promotion of women’s employment in the private sector, particularly in occupations traditionally carried out by men and in occupations offering career prospects.

Foreign domestic workers. Model employment contract. In its previous comments, the Committee expressed concern regarding the general wording of clause 16(a) of the model employment contract adopted in 2009 (termination of employment by the employer if the worker commits a deliberate mistake, negligence, aggression 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), since termination will always result in the foreign domestic worker having to leave the country. The Committee also notes that, in its concluding observations, the United Nations Committee on the Elimination of Racial Discrimination (CERD) expressed concern at “the unfavourable working conditions set under the standard employment contract for domestic workers” (CERD/C/LBN/CO/18-22, 5 October 2016, paragraph 41). Referring to its observation, the Committee notes the Government’s indication that the model employment contract defines the relationship between the employer and the worker and, more generally that the relationship between employers and domestic workers is being examined by the national steering committee of the Ministry of Labour. The Committee trusts that the analysis undertaken by the Ministry of Labour will lead to a re examination and revision of the clauses of the model employment contract that are likely to place domestic workers in a situation of vulnerability with regard to discrimination and abuse.

Non-nationals. The Committee notes that, for many years, the country has hosted an increasing number of refugees. According to a report of the Office of the United Nations High Commissioner for Refugees (UNHCR) entitled “Global trends: Forced displacement in 2017”, Lebanon hosts the largest number of refugees relative to its national population: one in six inhabitants is a refugee. The Committee notes that, in its concluding observations, CERD states that the country hosts a large number of refugees, including more than 500,000 Palestinians and an estimated 1.1 million Syrians. In this regard, CERD noted “with concern that refugees are allowed to work only in certain sectors” and, while recognizing that the influx of refugees puts pressures on the State infrastructure, it noted “with concern the number of circulars restricting the admission of non-Lebanese pupils to public schools” (CERD/C/LBN/CO/18-22, 5 October 2016, paragraphs 5, 33–35). The Government reports that no discriminatory practices against Palestinians exist in employment and that the decision regarding the occupations reserved for Lebanese nationals is adopted each year. The Committee recalls that, while the Convention does not cover the discrimination on the ground of nationality, it covers non-nationals on an equal footing with nationals so that non-nationals are protected against discrimination on the grounds of sex, race, colour, religion, political opinion, national extraction or social origin, under Article 1(1)(a). Although aware of the difficulties resulting from the huge influx of refugees into the country in recent years, the Committee asks the Government to provide information on the measures adopted or envisaged to ensure effective protection for refugees against any discriminatory practice on the basis of race, colour, national extraction or social origin, including sexual harassment, regarding not only access to employment but also working conditions (hours of work, remuneration, etc.). The Committee once again asks the Government to identify the occupations reserved for Lebanese nationals and to provide the available data, if possible disaggregated by sex, on the labour force participation of Palestinians and Syrian nationals, with an indication of the type of work that they carry out.

Enforcement. The Committee notes the information provided by the Government. The Committee observes in particular the Government’s indication that the Beirut labour inspectorate has not recorded any cases of discrimination on the grounds of religion, race or gender. The Committee also notes that the Government recognizes that if cases of management-sanctioned discrimination do exist, they would not be openly acknowledged. The Government also recognizes that workers may deny the existence of discriminatory practices for fear of losing their job, even where such practices exist, perhaps unintentionally. According to the Government, it remains for workers to report the existence of discriminatory practices and to contact the Ministry of Labour or other competent authorities in order to end those practices. Noting this information, the Committee asks the Government to introduce the necessary training and awareness raising to enable labour inspectors to better identify discriminatory practices during their inspections of enterprises, particularly with regard to recruitment (for example by examining recent vacancies or the selection procedures followed). The Committee also asks the Government to ensure that complaints procedures based on the principles of confidentiality and protection against reprisals are available to workers. The Government is also asked to continue to provide information on any cases of discrimination detected by the labour inspectorate or brought to the attention of the Ministry of Labour or referred to the courts.