CMNT_TITLE

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Angola (RATIFICATION: 1976)

Other comments on C111

Observation

Direct Request

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The Committee once again notes with regret that the Government’s report does not reply to the questions raised. However, the Committee understands that a General Labour Act is being drafted. It requests the Government to take all necessary steps to ensure that the new General Labour Act takes full account of the issues raised below. It also asks the Government to provide information on any developments in this area.

Article 1 of the Convention. Grounds and definition of discrimination. The Committee requests the Government to ensure that the new General Labour Act prohibits direct and indirect discrimination on at least all the grounds set out at Article 1(1)(a) of the Convention, in all the aspects of employment and occupation defined at Article 1(3), against workers of all categories, including domestic workers and casual workers, and to provide information on progress made in this regard. The Committee reiterates its previous request asking the Government to indicate how the protection of men and women against discrimination in employment and occupation is ensured in practice.

Harassment. The Committee requests the Government to take the opportunity afforded by the process of the revision of the General Labour Act, to include provisions that expressly and clearly define and prohibit sexual harassment. These measures should be aimed at both quid pro quo and hostile working environment harassment, and should indicate the persons concerned, such as the employer, a person having authority over the worker, a work colleague and any other person encountered in the work context, such as customers and suppliers (see in this connection the 2002 general observation). The Committee requests the Government to envisage the possibility of including a provision banning moral harassment as well.

Workers with family responsibilities. The Committee recalls that legislative and other measures to help workers with family responsibilities are essential to promoting gender equality in employment and occupation. However, when legislation reflects the assumption that the main responsibility for family care lies with women, or excludes men from certain rights and benefits, it reinforces and perpetuates stereotypes regarding the roles of women and men in the family and in society. The Committee requests the Government to ensure that any measures for workers with dependent children provided for in the new General Labour Act cover men as well as women workers with family responsibilities.

Restrictions on women’s access to work. The Committee has been referring for a number of years to the fact that section 269(4) of the current General Labour Act provides that a list of jobs prohibited for women shall be established by Executive Decree issued jointly by the Ministry of Labour and the Ministry of Health. It noted that, according to the Government, this matter would be addressed in the course of the planned legislative review. The Committee reminds the Government that provisions that prohibit night work for women or bar women’s access to work that is hazardous or harmful to their health or that might entail risks for women’s reproductive function, are based on stereotyped assumptions that may seriously inhibit their chances of employment. The Committee recalls that special measures for the protection of women should be limited to maternity protection in the strict sense, and that provisions for 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. Other measures, such as improved health protection for both men and women, may be necessary to ensuring that women have access to these types of employment on an equal footing with men. The Committee requests the Government to take steps to ensure that the new General Labour Act amends the existing provisions so as to allow women access to employment on an equal footing with men and to limit restrictions applying to women to maternity protection. With regard to the requirement for an upper age of 35 years for access to employment in the public service, the Committee requests the Government to ensure that there is no indirect discrimination against women based on age.

Real or perceived HIV status. The Committee notes the information on the measures relating to HIV/AIDS planned by the Government under the United Nations Development Assistance Framework (UNDAF-Angola 2009–13). The Committee asks the Government to provide information on the impact of these measures in combating discrimination based on real or perceived HIV status.

Access to procedures and remedies. The Committee requests the Government to take measures to ensure that the legislation provides for sufficiently dissuasive sanctions to punish discrimination effectively, including sexual harassment or moral harassment, and for access to procedures and redress for the victims, which should include adequate compensation and reinstatement where the victim has been dismissed, together with adequate protection for victims and witnesses against reprisals.

Application. The Committee requests the Government to provide information on any specific and proactive measures to promote and secure equality of opportunity and treatment for women in the public service and the private sector. It also asks the Government to provide particulars of any measures taken or envisaged to secure equality in employment and occupation for all, regardless of race, colour, religion, political opinion, national extraction or social origin.

Part V of the report form. Statistical information. The Government is asked to provide statistics on the distribution of men and women in the different economic sectors and occupations, and information on the proportion of women in decision-making positions.

The Committee asks the Government to do its utmost to reply to the questions raised by the Committee and reminds it that it may avail itself of ILO technical assistance.