Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

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

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Observation

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Articles 1 and 2 of the Convention. Protection against discrimination in employment and occupation. Legislation. The Committee notes that section 4 of the General Labour Act (Act No. 7/15) of 15 June 2015 provides for equality of opportunity and non-discrimination for all citizens based on race, colour, sex, ethnic origin, marital status, social origin or status, religious reasons, political opinion, trade union membership or language. It notes the Government’s indication, in its report, that a revision process of the General Labour Act has been initiated and would address the issues previously raised by the Committee regarding: (1) the definition of discrimination in order to encompass both direct and indirect discrimination in all aspects of employment and occupation; (2) the prohibited grounds of discrimination enumerated in Article 1(1)(a) of the Convention, including national extraction; (3) the prohibition of sexual harassment; (4) the restrictions on women’s access to work; and (5) the scope of the measures applicable to workers with family responsibilities. In that regard, the Committee notes that, in January 2022, the draft General Labour Act was examined by the National Commission for Social Dialogue. On 27 April 2022, the draft Act was approved by the Council of Ministers and forwarded to the General Assembly. Recalling the importance of having a clear and comprehensive legislative framework in order to effectively address discrimination in employment and occupation and ensure the effective implementation of the Convention, the Committee trusts that the Government will take every necessary step, in particular in the framework of the revision of the General Labour Act, to give full legislative expression to the provisions of the Convention regarding the above-mentioned matters. It asks the Government to provide information on the steps taken to that end and their outcomes.

Article 1(1)(a). Discrimination based on sex. Sexual harassment. The Committee welcomes the Government’s indication, in its report, that section 301 of the draft revised General Labour Act would prohibit sexual harassment. It notes that, in their concluding observations, the United Nations (UN) Committee on the Elimination of Discrimination against Women (CEDAW) and the UN Human Rights Committee expressed specific concerns at: (1) the failure to comprehensively prohibit all forms of gender-based violence against women and girls in the public and private spheres; and (2) the under-reporting of gender-based violence against women and girls owing to the social legitimization of violence, a culture of silence and impunity, and the stigmatization of victims by health professionals and law enforcement officers, legal illiteracy and a lack of trust in law enforcement authorities (CEDAW/C/AGO/CO/7, 14 March 2019, paragraph 25; and CCPR/C/AGO/CO/2, 8 May 2019, paragraph 17). The Committee asks the Government to take steps to: (i) include in its national legislation a clear definition and prohibition of both quid pro quo and hostile work environment sexual harassment in employment and occupation; and (ii) ensure that appropriate preventive and remedial measures and procedures are in place. It also requests the Government to provide information on any practical measures taken to prevent and address sexual harassment in employment and occupation.

Articles 1(1)(a) and 5. Restrictions on women’s access to work. The Committee notes that a list of jobs prohibited for women was adopted by Executive Decree No. 172/10 of 14 December 2010, pursuant to section 243 of the General Labour Act. It notes the Government’s general indication that several provisions of the draft General Labour Act refer to restrictions on women’s access to work but observes that the Government did not provide information on the content of such provisions. 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 (see 2012 General Survey on the fundamental Conventions, paragraphs 839 and 840). The Committee asks the Government to take measures, in particular in the framework of the revision of the General Labour Act, to ensure that existing restrictions on women’s access to work are removed so as to allow women’s access to employment on an equal footing with men, and that any restriction regarding the access of women to certain jobs is strictly limited to maternity protection in the broad sense.

Article 1(1)(b). Real or perceived HIV status. The Committee notes that sections 5 and 7 of Act No. 8/04 of 1 November 2004 on HIV and AIDS prohibit discrimination based on workers’ health status in relation to HIV/AIDS. It notes that, in August 2021, the Government initiated the revision of Act No. 8/04 with a view to “responding to current complaints about discrimination”, especially in the workplace, with domestic workers often being fired as a result of their HIV positive status. In that regard, the Committee notes that, in its 2019 concluding observations, the UN Human Rights Committee expressed concern at reports that persons living with HIV/AIDS face stigmatization and de facto discrimination (CCPR/C/AGO/CO/2, paragraph 13). The Committee asks the Government to provide information on: (i) the current status of the revision process of Act No. 8/04; (ii) any measures taken in law and in practice to prevent and address discrimination based on real or perceived HIV status in employment and education, in particular against domestic workers; and (iii) any cases of discrimination based on real or perceived HIV status dealt with by the competent authorities, including sanctions imposed and remedies granted.

Article 2. Equality of opportunity and treatment for men and women. The Committee notes the Government’s indication that several programmes have been implemented in order to promote equality of opportunity and treatment for men and women, and enhance women’s participation in professional training courses, including the Women’s Vocational Training Programme. Since 2018, 2,360 women have benefited from such training. The Committee notes that, according to ILOSTAT, the labour force participation rate of women was estimated at 74 per cent in 2021. It further notes, from the statistical information provided by the Government, that the number of women placed in employment decreased, with women representing, in 2021, only 21 per cent of workers placed in employment compared with 38 per cent in 2020. In that regard, the Committee notes the Government’s statement that, despite its efforts, the existing gender gap in access to employment remains a key issue. The Committee notes that in its concluding observations, the CEDAW remained concerned about: (1) the disproportionately high levels of illiteracy among women, in particular in rural areas, and the difficulties faced by rural women in obtaining identity documents, which restricts their access to employment opportunities and bank loans; (2) the inadequate and decreasing budget allocations to the education sector, forcing girls to walk long distances to school and depriving them of adequate sanitary facilities; (3) the underrepresentation of girls and women in traditionally male-dominated areas of education, including technical and vocational education; and (4) the continuing horizontal and vertical occupational gender segregation and the concentration of women in the informal labour market (CEDAW/C/AGO/CO/7, paragraphs 33, 35 and 37). Taking into consideration the persistence of vertical and horizontal occupational gender segregation, the Committee encourages the Government to strengthen its efforts to implement proactive measures to promote equality of opportunity and treatment for men and women in employment and occupation. It asks the Government to provide: (i) information on any measures implemented to enhance girls’ and women’s access to education, occupational training and employment opportunities in the formal economy, in particular for rural women, and their results; and (ii) statistical information on the participation of men and women in education, training, employment and occupation, if possible disaggregated by occupational categories, both in the public and private sectors.

Workers with family responsibilities. The Committee notes that: (1) section 244 of the General Labour Act provides that employers must facilitate part-time work for “women with family responsibilities”; and (2) sections 247 and 248 provide for maternity leave while there is no provision for paternity leave. In that regard, it welcomes the Government’s indication that section 214 of the draft revised General Labour Act would provide for paternity leave. Recalling that, in order to achieve the objective of equality set out in the Convention, measures to assist workers with family responsibilities should be available to both men and women on an equal footing, the Committee asks the Government to provide information on the measures taken, in particular in the framework of the revision of the General Labour Act, to enable both men and women to reconcile work and family responsibilities.

Equality of opportunity and treatment irrespective of race, colour or national extraction. Indigenous peoples. The Committee notes that, in its 2019 concluding observations, the UN Human Rights Committee expressed concern at reports that individuals belonging to certain groups, in particular indigenous peoples, face stigmatization and de facto discrimination in their access to land, natural resources and education. Pastoralists in the south-west have faced exclusion from grazing land and expropriation of land (CCPR/C/AGO/CO/2, paragraphs 13 and 49). The Committee asks the Government to provide information on the steps taken or envisaged to ensure equality of opportunity and treatment of indigenous peoples in employment and occupation, including any steps directed at protecting their right to engage in their traditional occupations and livelihoods without discrimination.

Monitoring and enforcement. The Committee notes that the new Criminal Code (Act No. 38/20 of 11 November 2020) criminalizes discrimination in employment based on race, colour, ethnic origin, birthplace, sex, sexual orientation, illness or disability, creed or religion, political or ideological opinion, social origin or status or other forms of discrimination, and establishes penalties of two years of imprisonment or a fine (section 212). It also notes the Government’s indication that no case of discrimination in employment or occupation has been lodged. The Committee recalls that criminal provisions are not completely adequate in discrimination cases because, inter alia, they do not always provide a remedy to the victim and are very unlikely to cover all forms of conduct that amount to sexual harassment. The Committee also recalls 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 2012 General Survey on the fundamental Conventions, paragraph 870). In that regard, the Committee notes that in their 2019 concluding observations, the CEDAW and the UN Human Rights Council remained concerned about: (1) the limited availability of courts and out-of-court dispute settlement centres, in particular in rural areas; (2) the lack of independence of the judiciary and the insufficient number of trained judges, prosecutors and lawyers, which may prevent many citizens from accessing justice; and (3) the lack of capacity-building programmes for actors involved in traditional conflict resolution mechanisms and the limited oversight over their functions, which heightens the risk of such institutions perpetuating discriminatory gender stereotypes (CEDAW/C/AGO/CO/7, paragraph 13 and CCPR/C/AGO/CO/2, paragraph 37). The Committee therefore asks the Government to provide information on: (i) the number and outcomes of inspections carried out by the General Labour Inspectorate regarding discrimination in employment and occupation; (ii) the number and nature of cases concerning discrimination in all aspects of employment and occupation brought before the courts, the penalties applied and remedies granted; and (iii) any measures taken to raise public awareness of the provisions of the Convention and the legislation, procedures and remedies available, and to enhance the capacity of the competent authorities, including judges, labour inspectors and other public officials, to identify and address cases of discrimination.