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Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Timor-Leste (RATIFICATION: 2016)

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2023
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Article 1 of the Convention. Legislative protection against discrimination. The Government indicates in its report that the terms “social status” and “ethnic ancestry or origin” mentioned in the Constitution are not defined in other laws. The Committee asks the Government to provide information on the interpretation of such grounds in practice by sending copies of any administrative or judicial decisions applying the concepts of “social status” and “ethnic ancestry or origin”.

Scope of application. The Government refers to several legislative texts applicable to the armed forces and the national police, including Decree Law No. 16 of 2009 regarding promotions in the national police, and Decree Law No.18/2006 regarding promotions for military personnel. The Committee notes that both texts do not explicitly cover discrimination based on "colour" and "national extraction” and are mainly focused on equality in promotion schemes. Regarding domestic workers, the Government points out that the Domestic Workers’ Bill is currently under the process of being approved and that there is no law or regulation guaranteeing non-discrimination in the informal economy so far. The Committeeasks the Government to provide information on: (i) how members of the national police and armed forces are protected against discrimination based on all the grounds set out in Article 1(1)(a) of the Convention in relation to all aspects of employment and occupation (that is, namely access to vocational training, access to employment and to particular occupations, and terms and conditions of employment); and (ii) any progress towards the adoption of the Domestic Workers’ Bill. The Committee reiterates its requests to the Government to: (i) ensure that civil servants and other agents of public administration are protected, both in law and in practice, against direct and indirect discrimination, not only on the ground of sex but also on all the grounds enumerated in Article 1(1)(a) of the Convention in all aspects of employment and occupation; and (ii) ensure equality of opportunity and treatment between men and women workers in the public service, and women’s access to decision-making positions.

Article 1(1)(a). Discrimination based on sex. Sexual Harassment. The Committee welcomes the Government's indication that, with ILO assistance, it has established a tripartite working group to prepare for the ratification of Convention No. 190 and to draft a law on violence and harassment in the world of work. It observes that the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) recently noted with concern the lack of sexual harassment complaints presented by women, the lack of effective labour inspections, and the lack of confidential and independent complaint mechanisms (CEDAW/C/TLS/CO/4, paragraph 37). The Committee requests the Government to provide information on: (i) any specific measures envisaged or implemented to strengthen the capacities of labour inspectors on discrimination and sexual harassment in the workplace and to set up confidential and independent complaint mechanisms; (ii) the specific measures implemented in the framework of the National Action Plan against Gender-Based Violence for 2017–21, to prevent, address and increase awareness on sexual harassment in the world of work, in collaboration with workers, employers and their respective organizations; (iii) any complaint or case of sexual harassment dealt with by the competent authorities; and (iv) any progress toward the adoption of the draft law on violence and harassment in the world of work.

Article 1(2). Inherent job requirements. The Government indicates that there are no cases relating to the application of section 6(3) of the Labour Law in practice. The Committee takes note of this information.

Articles 2 and 3. National policy to promote equality of opportunity and treatment. The Government indicates that technical teams have been established in each Ministry to promote the principle of equality, in particular gender equality, in relation to programming and budgeting. The Committee recalls that the primary obligation of ratifying States is to declare and pursue a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation, with a view to eliminating any discrimination in respect thereof (Article 2). The implementation of a national equality policy presupposes the adoption of a range of specific measures, which often consist of a combination of legislative and administrative measures, collective agreements, public policies, affirmative action measures, dispute resolution and enforcement mechanisms, specialized bodies, practical programmes and awareness-raising (see 2012 General Survey of the Committee on Fundamental Conventions, paragraph 848). The Commission asks the Government to indicate the measures adopted, within these technical teams and in any other frameworks, to promote equality and non-discrimination in employment and occupation based on all of the seven grounds included in Article 1(1)(a) of the Convention.

Equality of opportunity and treatment for men and women. The Government indicates that it has set up training and accreditation centres, where the participation of girls and boys is almost equal. The Committee observes that according to the 2021 Labour Force Survey: (1) labour force participation rates of women (24.2 per cent) were lower than for men (36.9 per cent); (2) unemployment and informal employment rates were higher for women (5.9 per cent and 80.4 per cent respectively) than for men (4.6 per cent and 75.3 per cent respectively); (3) women were more likely to be self-employed and less likely to be in wage employment than men, which indicates their difficulty in accessing to more secure and stable employment; (4) labour underutilization rates were higher for women (33.3 per cent) than for men (25.8 per cent); and (5) the share of women in the labour force with less than primary education is higher than men’s, while the share of women in the labour force with complete secondary education or tertiary education is lower than men's. The Committee also noted that CEDAW expressed concern at women's concentration in lower-paid jobs in the informal economy, the large number of women engaged in unpaid care work or work in family business and the barriers to women’s access to management positions and higher-paid jobs in the formal economy (CEDAW/C/TLS/CO/4, paragraph 37). The Committee asks the Government to provide information on the measures taken to effectively combat gender stereotypes regarding women's aspirations and roles in the family and society; and increase women’s access to education, vocational training, employment, and occupation, particularly as regards formal jobs with career prospects and higher pay.

Article 5(2). Affirmative action measures. The Government indicates that the Ministry of Solidarity has developed affirmative action measures targeting women and people with disabilities without further details. The Committee asks the Government to provide detailed information on some of the specific affirmative action measures adopted in application of section 6(4) of the Labour Act (temporary affirmative action measures); and how it is ensured that any affirmative action measures envisaged are adopted in consultation with employers' and workers' organizations.

Awareness-raising and enforcement. The Government indicates that information on complaints received by the labour inspectors or the mediation and conciliation services is not being recorded. The Committee wishes to emphasizes that the collection of accurate and detailed data is essential to implement the Convention, as it allows to evaluate the effectiveness of the measures adopted (see CEACR 2023 General Survey “Achieving Gender Equality at Work”, paragraphs 820–835 and 868). The Committee asks the Government to indicate if any measures have been foreseen to enable the collection of data on cases of discrimination in employment and occupation. It also once again requests the Government to provide information on any activities undertaken to raise public awareness of the relevant legislative provisions and the procedures and remedies available in relation to the principles of the Convention; and on any training activities carried out to strengthen the capacities of labour inspectors in the field of discrimination in employment and occupation.