Demande directe (CEACR) - adoptée 2020, publiée 109ème session CIT (2021)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - République démocratique populaire lao (Ratification: 2008)

Autre commentaire sur C111

Observation

Demande directe

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Article 1(2) of the Convention. Inherent requirements. The Committee previously noted that, pursuant to section 33(3) of the Labour Law (2014), certain jobs, to be specified in a separate list, can be reserved for Lao citizens, especially traditional jobs of Lao ethnic groups, jobs promoting Lao traditions, indigenous knowledge and jobs that do not require special knowledge. The Government had indicated that it would study, research and collect data in order to provide a list of the occupations that are reserved for Lao citizens. The Committee notes the Government’s indication in its report that it is still in the process of drafting the list. The Committee asks the Government to step up its efforts in the finalization of the list of occupations reserved for Lao citizens and to provide the full and complete list once completed. In the meantime, the Committee again asks the Government to provide information on the practical application of section 33(3) of the Labour Law (2014) and on how it is ensured that this provision does not lead to indirect discrimination against non-citizens on the grounds set out in the Convention with respect to hiring and job security.

Article 2. Equality of opportunity and treatment between men and women. The Committee takes note of the information provided by the Government, in reply to its previous comment, on the outcomes of the National Strategy for the Promotion of the Advancement of Women (2011–15). It had asked the Government to provide up-to-date statistical information on employment and education, disaggregated by sex; as well as to consider amending section 72 of the Labour Law (2014) to provide for the same retirement age for both women and men. The Committee notes, from the 2018 concluding observations of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), that the Government adopted: (1) the third national strategy for gender equality (2016–2025); (2) the third five-year national action plan for gender equality (2016–2020); and (3) the inclusion of measures, including temporary special measures, in the eighth national five-year “socioeconomic development plan (2016–2020) to advance women’s human rights and their participation in employment and political and public life” (CEDAW/C/LAO/CO/8-9, 14 November 2018, paragraph 5(a) and (b)). The Committee also notes, from the report of the Government on the implementation of the Equal Remuneration Convention, 1951 (No. 100), that it undertook a Labour Force Survey in 2017. The Committee notes, that this survey found “little gender difference in educational attainment”. The Committee notes however that the CEDAW expresses its concern about: (1) the insufficient implementation of the legislative framework; (2) the fact that temporary special measures are restricted solely to increasing the participation of women in decision-making positions and that most targets for the representation of women, which are set at 20–25 per cent, are unable to produce a critical mass for change; (3) the limited access to primary and secondary education for girls, partly due to the indirect costs of education, household chores, language barriers and the persistence of patriarchal attitudes and discriminatory gender stereotypes regarding their roles and responsibilities in the family and in society; and (4) the disproportionately low rates of enrolment among women and girls in vocational schools and higher education, particularly in non-traditional fields of study, such as science, technology, engineering and mathematics (paragraphs 11, 21 and 35). The Committee asks the Government to provide up-to-date statistical information, disaggregated by sex, on employment in the public and private sectors, and in the formal and informal economy, and on participation in education and vocational training. It asks the Government to: (i) provide information on the measures taken in the framework of the National Strategy for Gender Equality (2016–2025) and the National Action Plan for Gender Equality (2016–2020); (ii) pursue its efforts in promoting women’s access to employment, including to higher-level occupations, and to vocational training and education at all levels, including higher-level education; and (iii) provide information on the progress achieved in this regard. Finally, noting the Government’s lack of response in this regard, the Committee once again asks the Government to consider amending section 72 of the Labour Law (2014) to provide for the same retirement age for both women and men, in order to allow women to have the same opportunities as men in their career paths and access to high-level positions.

Equality of opportunity and treatment irrespective of religion and ethnicity. The Committee notes the Government’s indication, in reply to its previous comment, that the Decree on the Ethnic Affairs, which will provide for the recruitment of officials and civil servants from ethnic groups and the development of their skills and knowledge to allow their return to their local offices as main official, is still being drafted. The Government also provides information, as requested, on the number of graduates in primary and secondary school in 2015, but the Committee notes that the information is not disaggregated by ethnicity or sex. It also notes, from the 2018 concluding observations of the CEDAW, the high illiteracy rates among women and girls, in particular among certain ethnic groups and the limited availability of intercultural education for girls belonging to ethnic minority groups (CEDAW/C/LAO/CO/8-9, paragraph 35(d) and (e)). Recalling the persisting large gap between ethnic groups, and particularly minorities, in accessing education and vocational training, the Committee asks the Government to step up its efforts in narrowing this gap. In this regard, it once again asks the Government to provide information on the specific steps taken by the Government and the Lao Front for National Construction to address direct and indirect discrimination in employment and occupation based on religious or ethnic grounds and the steps taken to promote and ensure equality of opportunity and treatment in employment and occupation. The Committee asks the Government to provide information on the progress made in adopting and implementing the Decree on the Ethnic Affairs, and to provide a copy once adopted. Once again, the Government is asked to provide updated statistical information on enrolment, disaggregated by ethnicity and sex, for primary, secondary and tertiary education, as well as for vocational and teacher training schools for ethnic minorities.

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

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

Persons with disabilities and older workers. The Committee previously asked the Government to provide information on the steps taken or envisaged to promote skills development and equal opportunities in access to employment and occupation for persons with disabilities and older workers pursuant to sections 9(1) and 33(1) of the Labour Law (2014). The Committee notes the Government’s indication that it adopted the Law on Persons with Disabilities (2019) and is drafting a Decree on Elderly Persons. The Committee also takes note of the various strategies and action plans, including the new Strategic Workplan for Persons with Disabilities and the memorandum of understanding signed with two associations to fund US$904,880 for projects to improve the livelihoods, and provide vocational training and employment for disabled persons in Houaphanh Province and Vientiane Capital. The Committee welcomes these initiatives, but notes that very little information is provided with regard to their contents. The Committee therefore asks the Government to provide detailed information on the Law on Person with Disabilities (2019) and the Decree on Elderly Persons, and more specifically on the provisions aimed at ensuring the protection of persons with disabilities and older persons from discrimination in employment and occupation, and on their application in practice. The Committee also asks the Government to provide information on the concrete measures taken under the framework of the Strategic Workplan for Persons with Disabilities, and the results achieved, with regard to employment opportunities and skills development of persons with disabilities. Finally, the Government is asked to provide statistical data, disaggregated by sex, on the participation of persons with disabilities and older persons in employment and vocational training and education.

Article 5. Special measures. Women. The Committee notes the Government’s indication, in reply to its previous comment, that section 97 of the Labour Law (2014), which prohibits the employment of women workers caring for a child under 1 year of age in certain types of employment, including overtime, night work and work specified as hazardous, only applied to women and not men who care for young children. The Committee wishes to recall that protective measures for women may be broadly categorized into those aimed at protecting maternity, in the strict sense, which come within the scope of Article 5 of the Convention, and those aimed at protecting women generally because of their sex or gender based on stereotypical perceptions about their capabilities and appropriate role in society which are contrary to the Convention and constitute obstacles to the recruitment and employment of women (see 2012 General Survey on the fundamental Conventions, paragraph 839). The Committee recalls that it considers that provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health. Therefore, any restrictions on women’s access to work based on health and safety considerations must be justified and based on scientific evidence and, when in place, must be periodically reviewed in the light of technological developments and scientific progress, to determine whether they are still necessary for protection purposes. The Committee also emphasizes the need to adopt measures and put in place facilities to enable workers with family responsibilities, in particular women who continue to bear the unequal burden of family responsibilities, to reconcile work and family responsibilities. In light of the above, the Committee asks the Government to review its approach regarding restrictions on women’s employment to ensure that any protective measures taken are strictly limited to maternity protection, in the strict sense, or based on occupational safety and health risk assessments and do not constitute obstacles to the employment of women, in particular to their access to posts with career prospects and responsibilities. The Committee asks the Government to provide information on any development in this regard.

Enforcement. In reply to its previous request, the Committee notes the Government’s general statement that it is continually disseminating information regarding the laws to the public, including on non-discrimination, by various channels such as radio, television and newspaper. The Government adds that labour inspectors also raise awareness on the non-discrimination and equal pay legislation through their normal inspection duties and through awareness-raising campaigns. The Committee notes that, once again, the Government indicates that there is no reported case concerning discrimination or equal pay. In this regard, the Committee refers to its direct request on the implementation of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). It would also like to draw the Government’s attention to the fact that where no cases or complaints, or very few, are being lodged, this is likely to indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals. The lack of complaints or cases could also indicate that the system of recording violations is insufficiently developed (see the 2012 General Survey, paragraph 870). The Committee therefore once again invites the Government to raise awareness of the relevant legislation, to enhance the capacity of the competent authorities, including judges, labour inspectors and other public officials, to identify and address cases of discrimination and unequal pay, and also to examine whether the applicable substantive and procedural provisions, in practice, allow claims to be brought successfully. Recalling the need to collect and publish information on the nature and outcome of discrimination and equal remuneration complaints and cases, as a means of raising awareness of the legislation and of the avenues for dispute resolution, and in order to examine the effectiveness of the procedures and mechanisms, it again asks the Government to provide information on any court or administrative decisions regarding the enforcement of non-discrimination and equal pay legislation, as well as on any relevant complaints reported to or detected by the labour inspectorate.