Demande directe (CEACR) - adoptée 2000, publiée 89ème session CIT (2001)

The Committee notes the Government’s report and the many annexes attached.

1.  The Committee notes that the process of updating the Labour Code is still under way and that, according to the Government, the future section 26 should formally establish the prohibition of any discrimination in employment and occupation on the grounds of sex, race, religion, political opinion, national extraction or social origin. The Committee recalls that, when provisions are adopted to give effect to the principles set out in the Convention, these should include all the criteria set out in Article 1, paragraph 1(a), of the Convention. It therefore trusts that in the final version the criterion of colour will also be included among the prohibited criteria of discrimination in the future section 26 of the Labour Code. In the absence of an explicit reference to colour in the legislative provisions respecting equality of opportunity and treatment, the Committee would be grateful to be provided with information on the measures taken to ensure the elimination of discrimination on grounds of colour. It would be grateful if the Government would keep it informed of the progress made in the revision of the Lebanese Labour Code.

2.  The Committee notes the statistical studies undertaken by the National Employment Agency, with the assistance of the ILO, and particularly the data disaggregated by sex. In the light of these data, it appears that women workers in Lebanon are the victims of a certain level of discrimination on the labour market with regard to access to vocational training and employment, as well as in their terms and conditions of employment: 61.4 per cent of women who enter the labour market are low-skilled or unskilled; the remuneration rate of women is on average 27 per cent lower than that of men; only 28.6 per cent of women workers achieve seniority of over 15 years (women tend to withdraw from the labour market after a few years to bring up their children); and men are recruited to fill 53.9 per cent of vacancies. Noting that, irrespective of their age, marital status, educational level or the sector concerned, there are always more men than women in employment or seeking employment, the Committee deduces that the general level of participation of women in the labour market remains markedly lower than that of men, even though it notes a positive development in the younger generation. However, if the unemployed population is examined in greater detail, it appears that women are entering the labour market in increasingly greater numbers, since the number of women seeking their first job is systematically higher than the number of men. Noting that employment offices are entrusted, among other matters, with organizing vocational training activities for jobseekers, the Committee would be grateful if the Government would provide information on the measures which have been taken or are envisaged to ensure that these vocational training and guidance activities are in practice devoid of discrimination on grounds of sex, as well as race, colour, religion, political opinion and social origin of jobseekers. Please provide information on any other measures taken to promote the access of women to employment and to assist them in reconciling their work and family responsibilities.

3.  Article 3(d) of the Convention.  The Committee once again notes the wording of article 95(b) of the Lebanese Constitution, which is intended to achieve the progressive elimination of the so-called political system of "political confessionalism" (which involves political and administrative jobs being distributed equally between the various communities). It notes the Government’s statement regarding the disadvantages of the provision; namely that it leaves no place for persons who do not wish to put forward their ethnic extraction or origin or their religious faith in order to participate in political life. The Committee notes that, since the elimination of confessionalism is progressive, the first-category posts or those at the highest levels, remain subject to the rule of strict equality between confessions, but that competence and qualifications are taken into account, since it is envisaged that at least two-thirds of the positions in this category are to be filled through the promotion of persons from the second category, and a maximum of one-third by external candidates. These candidates must have a university degree and obtain the prior approval of the Civil Service Council. The Committee notes that it is envisaged that the rule of confessionalism in the public service will be totally abolished over time, but that the achievement of this objective is encountering many difficulties since, despite the disadvantages of the system, it is still seen by many as a means of ensuring civil peace between the Lebanese. The Committee therefore requests the Government to provide information on the application of the amended provision in practice. Noting that the Government has not provided information on the composition of the staff of the public service, disaggregated by sex and by religion (religious faith appears on the national identity card), it trusts that this information will be included in the Government’s next report. The Committee would also be grateful if the Government would inform it whether "confessionalism in relation to personal status" (confessionalism as to "personal status" means that everything affecting the family (marriage, separation and divorce) - and, to some extent, successions - comes under the laws drawn up by the various communities under the authority of the State) has an impact on the vocational guidance of women, their access to employment and their career prospects.

4.  The Committee takes due note of the detailed explanations provided by the Government on the payment of family allowances in cases where both the man and the woman may be entitled to them. According to the Government, women workers are entitled, in the same way as male workers, to receive family allowances, provided that they and their children meet the conditions of subordination and eligibility. In practice, an insured woman may receive family allowances if the father of her children and/or her husband does not already receive the same benefits, and if it is found after a "social investigation" by the fund that her children live with her or she pays their expenses or she participates in the maintenance costs of the children. The Committee would be grateful to be informed of the meaning of the term "conditions of subordination" which must be met by insured persons. It would also be grateful if the Government would indicate whether the requirements placed upon insured women, as described above, are exactly the same as those placed on insured men, particularly with regard to the "social investigation". Finally, with a view to achieving greater conformity with this Convention, the Committee wishes to reiterate its initial suggestion that, in order to avoid duplicating the payment of family allowances to the same household, it would be more appropriate to allow couples who are so entitled to choose which of them should receive the family allowances, rather than starting from the principle that they should systematically be paid to the father and, in exceptional cases, to the mother if she can demonstrate that she is bringing up her children alone.

5.  The Committee would be grateful if the Government would indicate the manner in which protection is ensured for migrant workers against discrimination in employment and occupation on the grounds of sex, race, colour, religion or national extraction, and if it would provide a copy of any decision by the courts or other bodies concerning the application of the Convention on this point. In this respect, the Committee notes that the copy of the decision by the arbitration commission on labour matters concerning discrimination on grounds of sex, attached to the Government’s report, proved to be illegible. The Committee would therefore be grateful if the Government would provide a new copy of the above decision (typewritten if possible).