CMNT_TITLE

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Lao People's Democratic Republic (RATIFICATION: 2008)

Other comments on C111

Observation

Direct Request

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The Committee notes the information supplied by the Government in its first report on the application of the Convention and the attached legislation. It asks the Government to provide further information on the following points.

Article 1(1)(a) of the Convention. Grounds of discrimination. The Committee notes that article 35 of the Constitution, 2003 states that “Lao Citizens are equal before the law, irrespective of their gender, social status, education, beliefs and ethnic group”, and article 8 provides that all acts creating division and discrimination against ethnic groups are prohibited. The Committee also notes that section 3(2) of the Labour Law, 2007, prohibits discrimination based on race, nationality, gender, age, religion, beliefs, and socio-economic status. Noting that the provisions do not include the grounds of colour, national extraction, social origin and political opinion, the Committee recalls that the grounds of discrimination listed in legislation should include at least all the grounds set out in Article 1(1)(a) of the Convention. The Committee further notes that while there are provisions prohibiting discrimination in the Labour Law (sections 3(2) and 45), no clear definition of discrimination is set out. The Committee asks the Government to indicate whether the ground of “beliefs” in article 35 of the Constitution, and sections 3(2) and 45 of the Labour Code, includes political opinion, and whether “socio-economic status” in sections 3(2) and 45 of the Labour Law includes social origin. The Committee also asks the Government to indicate how workers are protected in practice against direct and indirect discrimination based on all the grounds enumerated in Article 1(1)(a) of the Convention, including colour, political opinion, national extraction and social origin. Please also provide information on how “discrimination” in sections 3(2) and 45 of the Labour Law has been interpreted.

Article 1(1)(b). Additional grounds of discrimination. The Committee notes that the grounds of social status, education and beliefs are included in the prohibition of discrimination set out in section 35 of the Constitution. The Committee also notes that the Labour Law prohibits discrimination on the basis of nationality, age, beliefs or social-economic status (sections 3(2) and 45). In addition, the Decree of the Rights of Persons with Disabilities, 2007, provides for non discrimination generally against persons with disabilities (section 8) and specifically with respect to employment (section 25). The Committee asks the Government to provide information on the implementation in practice of section 35 of the Constitution, sections 3(2) and 45 of the Labour Law and section 25 of the Decree on the Rights of Persons with Disabilities, with respect to the additional grounds of discrimination. The Committee also asks the Government to provide information on any other measures taken to ensure non discrimination based on disability, age, nationality, beliefs or social economic status.

Legislation. Scope of application. The Committee notes that the Labour Law provides a range of exclusions in terms of the scope of application. Section 6 provides that the Labour Law applies to all employees and employers who carry out activities in the labour units, and to persons working under written contracts for employment of three months or more. Section 6 also provides that the Labour Law does not apply to civil servants, military and police personnel, the Lao Front for National Construction and Mass Organizations (section 6(3)). Civil servants are covered by the Prime Minister’s Decree on Civil Servants, which does not however contain any provisions applying the principles of the Convention. The Decree excludes certain groups from its application, namely high-ranking officers, the military, the police, and employees of State owned enterprises or State employees working on a contractual basis (section 3). The Committee also notes that the Labour Law sets out limitations in hiring non-citizens by stating that labour units shall “give priority to Lao citizens” (section 25). The non discrimination provisions of the Constitution also appear to apply only to citizens. The Committee recalls that the principle of the Convention should apply to all workers. With respect to the priority given to citizens in hiring, the practical application of the legislation should not lead to indirect discrimination against migrant workers on the grounds set out in the Convention. The Committee asks the Government to indicate how it is ensured in practice that those excluded from the scope of the Labour Law are protected against discrimination. Please also provide information on the application of section 25 of the Labour Law, including the occupations covered.

Article 1(3). Areas of employment and occupation. The Committee asks the Government to indicate which areas of employment and occupation are covered by the prohibition laid down in section 3(2) of the Labour Law, and how protection against discrimination is ensured in respect of all areas of employment and occupation, including access to vocational training, access to employment and to particular occupations, and terms and conditions of employment.

Article 2. National Policy. The Committee notes that section 3 of the Law on Development and Protection of Women, 2004, provides for state policies for the development and advancement of women and the protection of their legitimate rights and interests, without any discrimination based on political, economic, social, cultural, and family status. It also provides that all members of society shall participate in the implementation of the State policies for the development and advancement of women and that the State shall create conditions to ensure employment and equal rights for men and women. The Committee also notes that a National Strategy for the Promotion of the Advancement of Women was adopted for the period of 2006–10 (CEDAW/C/LAO/CO/7, 14 August 2009, paragraph 4), and that following its assessment by the National Commission for the Advancement of Women, the second National Strategy for the Promotion of the Advancement of Women was developed for 2011–15. The Committee further notes that article 8 of the Constitution provides that “the State pursues the policy of promoting unity and equality among all ethnic groups”. The Committee asks the Government to provide information on the practical application of the Law on Development and Protection of Women, including measures taken pursuant to the National Strategy for the Promotion of the Advancement of Women. Please also provide information on the role of the Lao Women’s Union and the Lao Commission for the Advancement of women in this regard. The Committee also asks the Government to provide information on measures taken to implement article 8 of the Constitution, and to ensure non-discrimination and equal opportunities for all religious and ethnic groups of the population, including indigenous communities.

Article 3. Cooperation with social partners. The Committee notes that a tripartite committee has been established to promote industrial relations, vocational skills development, labour standards and skill recognition. The Committee asks the Government to provide specific information on the activities undertaken by the tripartite committee, particularly with respect to non discrimination and the promotion of equality of opportunity and treatment in employment and occupation.

Educational programmes. The Committee asks the Government to indicate any measures taken or envisaged to raise awareness on issues related to discrimination and the relevant legislation, and to promote equality in employment and occupation.

Education and training. The Committee notes from the concluding observations of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) that large discrepancies exist between men and women’s levels of education which can hinder women’s access to employment creating wider inequalities between men and women’s opportunities (ibid., paragraph 33). The Committee also notes from the national report submitted to the UN Human Rights Council in the context of the Universal Periodic Review that the Government is reforming its education system and creating opportunities for all people to receive education, especially those living in rural remote areas, women, children and the disadvantaged. In this process it has adopted the National Strategy on Education for 2001–2020, the National Action Plan on Education for All for 2003–2015, the National Education System Reform Strategy for 2006–2015, and the Educational Sector Development Framework, which share the main goal of expanding the opportunity of access to education for Lao people of all ethnic groups across the country (A/HRC/WG.6/8/LAO/1, 22 February 2010, paragraphs 27–28). The Committee further notes that the Labour Law establishes a national training fund, which aims to cover expenses for training and upgrading of professional qualifications (section 11). The Committee asks the Government to provide information on the impact and the results achieved by the different programmes set up to increase access of women, children and disadvantaged peoples to education, such as the National Action Plan on Education for all and the National Education System Reform Strategy. The Committee also asks the Government to provide information on the use of the national training fund to address discrimination and promote equality of opportunity and treatment in employment and occupation. Please also provide information on any measures taken to address the educational and vocational needs of ethnic minorities.

Article 4. Activities prejudicial to the security of the State. The Committee notes that section 65 of the Penal Law, 2005, sets out a broad prohibition on activities considered to be prejudicial to the security of the State, including conducting “propaganda activities”. The Committee asks the Government to provide information on the implementation of section 65 of the Penal Law, and to indicate how in practice it is ensured that this provision does not undermine non-discrimination in employment and occupation based on political opinion or religion.

Article 5. Special measures. Women. The Committee notes that section 59 of the Labour Law allows for different retirement ages between men and women, allowing women to retire earlier than men. The Committee further notes that section 12 of the Law on Development and Protection of Women states: “the vocation and work skill development of women focuses on creating conditions for vocational training for women to have professions, work skill, experiences and discipline so that women can have the same employment opportunity as men”. The Committee asks the Government to indicate how section 59 of the Labour Law, allowing for earlier retirement for women, is applied in practice. The Committee also asks the Government to indicate whether any measures have been taken under section 12 of the Law on Development and Protection of Women to increase women’s access to education, vocational training and employment.

Persons with disabilities. The Committee notes that section 26 of the Labour Law provides that “Labour units shall give priority to disabled or handicapped persons to work in their units in accordance with their abilities and skills, and shall give them suitable positions with regular salary or wages as other general workers”. The Decree on the Rights of Persons with Disabilities also provides for special measures with respect to vocational training, employment and self-employment for persons with disabilities, including reduced training fees, tax deductions, incentive interest rates and the possibility of priority in employment (sections 23–27). The Committee asks the Government to provide information on the practical application of section 26 of the Labour Law, and sections 23–27 of the Decree on the Rights of Persons with Disabilities, with respect to the impact on the representation of persons with disabilities in vocational training, in employment and self-employment.

Part III of the report form. The Committee notes that the Law on Development and Protection of Women is implemented by the Government and the Lao Women’s Union (section 53). The Committee asks the Government to indicate how in practice the activities undertaken by the Lao Women’s Union are coordinated with the Government’s activities with regard to the implementation of the Law on Development and Protection of Women.

Part IV. The Committee asks the Government to provide information on the supervision and enforcement of the non-discrimination legislation through labour inspection and the courts.

Part V. The Committee asks the Government to provide any disaggregated statistical information on the representation of women and the various ethnic groups in the public and the private sector, and on their enrolment rate in educational and vocational training programs.