Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - China - Macau Special Administrative Region (Ratification: 1999)

Other comments on C111

Observation

2008

Direct Request

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Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee recalls the absence of specific legislation defining and prohibiting quid pro quo (blackmail) and hostile environment sexual harassment and notes that the Government’s report does not mention any progress in this regard. It welcomes, however, the Government’s indication that the Legal Affairs Bureau actively organises promotional activities, through publications in newspapers, posts on social media platforms, TV shows, and seminars to raise public awareness on workplace sexual harassment, and the regulations in force to prevent discrimination against workers (including local and non-local workers) in employment and work protection. The Committee would like to draw the Government’s attention to paragraphs 111 to 117 of its 2023 General Survey on “Achieving gender equality”, in which it emphasizes that, without a clear definition of sexual harassment in employment and occupation, it remains doubtful whether the legislation effectively addresses all its forms and effects and recalls that the prohibition or criminalization of specific acts, such as rape or attempted rape, or sexual assault, does not address the full range of behaviours that constitute sexual harassment in employment and occupation. The Committee asks the Government to take steps to develop legislative provisions that explicitly define and prohibit both quid pro quo and hostile environment sexual harassment, covering the full range of behaviours that constitute sexual harassment. It also asks the Government to continue providing information on: (i) any measures taken to raise the awareness of workers and employers and their organizations regarding sexual harassment at work; and (ii) any cases of sexual harassment detected through labour inspections or reported to the Labour Affairs Bureau, and on the follow-up measures taken in this regard.

Discrimination on the basis of race, colour and national extraction. Migrant workers. Recalling that both nationals and non-nationals should be protected from discrimination on the grounds covered by the Convention, the Committee asks the Government to provide information on the measures taken to : (i) raise awareness amongst non-resident workers of relevant protective legislation against discrimination based on race, colour, and national extraction; and (ii) enhance the capacity of competent authorities, including labour inspectors and other public officials, to identify and address such cases of discrimination and allow claims to be brought successfully filed.

Article 2. Promotion of gender equality. Regarding the employment situation of women, the Government indicates that in 2018–21: (1) the female labour force made up 51 percent of the total labour force; (2) some sectors remained with low female participation (such as construction, transportation, warehousing, and communication industry), while others remained with low male participation (such as domestic work, healthcare, and social welfare); and (3) some occupations remained with low female participation (such as members of the Legislative Assembly, government officials, organisations leaders, leaders and managers of enterprises, machine operators, drivers, and assemblers), while others remained with low male participation (such as office workers and "non skilled workers"). Regarding the challenge of levelling the situation of women in relation to their participation in the labour market, access to the same jobs and occupations, and the associated measures to achieve these objectives, the Committee welcomes the Government’s indication that: (1) the Council has formulated the 7-year Policy Plan “Development Goals for Women in Macao” in 2018 to be implemented in 2019-2025, which covers eight priority development areas, including gender mainstreaming, women’s participation in policy-making, women in education and training and women and the economy; and (2) since 2019, the Social Welfare Bureau has continued to organise seminars on “Development Goals for Women in Macao” and “Gender Mainstreaming”. The Committee asks the Government to provide information on: (i) the measures adopted and the results achieved to address vertical and horizontal occupational gender segregation, when implementing the Plan “Development Goals for Women in Macao” or otherwise; (ii) the measures taken to assist workers with family responsibilities to reconcile work and family responsibilities and promote their participation in the labour market; and (iii) the activities of the Commission of Women Affairs to promote equality of opportunity and treatment specifically in employment and occupation.

Articles 2 and 5. Promotion of equal opportunity and treatment. Special measures of assistance. Workers with disabilities. The Committee notes the Government’s indication on the enactment of Administrative Regulation No. 39/2020 on the Supplementary Allowance Plan for the Income of Workers with Disabilities which provides for the right to apply for a supplementary allowance if their wages do not reach the statutory minimum wage. The Committee asks the Government to provide information on: (i) the development of the system of supplementary allowances for workers with disabilities governed by Administrative Regulation No. 39/2020, indicating beneficiaries by gender, sectors of the economy, and occupation, if possible; (ii) its impact on the employment of persons with disabilities; and (iii) any measures taken to ensure equal access to persons with disabilities to the open labour market.

Article 5. Special measures of protection. Restrictions on women’s employment. The Committee recalls that the Government had envisaged to publish a list of jobs prohibited for women as they constitute a danger to their maternal function and to revise and consolidate its occupational safety and health legislation. In the absence of information on this point, the Committee asks once again the Government to indicate whether such a list was adopted and if so, to specify how it was established and what are the jobs concerned.

Awareness-raising and enforcement. The Committee welcomes the Government’s indication of the various awareness-raising activities carried out on non-discrimination in employment and work protection as well as gender equality. It further notes the information provided by the Government that: (1) the Labour Affairs Bureau received 29 complaints regarding employment discrimination during the period 2018–22, involving 41 local workers and 25 non-local workers, out of which 18 cases were archived due to unsubstantiated accusations, nine were archived due to withdrawals of the complaints by the complainants, and two are still under investigation; and (2) it also received two complaints for sexual harassment, one of which could not be followed up due to its anonymous nature. The Committee recalls that a low number of cases of discrimination may not be the sign of an absence of discrimination in employment in the country but could be due to other reasons such as difficulties in accessing redress mechanisms, lack of knowledge of rights and complaint mechanisms, fear for retaliation, high burden of proof or length of procedures. The Committee asks the Government to continue to provide information on steps taken to: (i) raise the awareness of workers, employers, and their organizations of the rights and procedures available to address cases of discrimination in employment and occupation; and (ii) train labour inspectors and to identify and address cases of discrimination. It asks the Government to continue providing information on any relevant cases dealt with by the labour inspectors or the courts.