Demande directe (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - République démocratique populaire lao (Ratification: 2008)

Autre commentaire sur C111

Observation

Demande directe

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Article 1(2) of the Convention. Inherent requirements. The Committee previously noted that, pursuant to section 33(3) of the Labour Law (2014), certain jobs, to be specified in a separate list, can be reserved for Lao citizens, especially traditional jobs of Lao ethnic groups, jobs promoting Lao traditions, indigenous knowledge and jobs that do not require special knowledge. It asked the Government to provide a copy of this list and to indicate how it is ensured that this provision does not lead to indirect discrimination against non-citizens. The Committee notes the Government’s statement in its report that it will study, research and collect data in order to provide a list of the occupations that are reserved for Lao citizens. The Committee asks the Government to provide a full and complete list of occupations reserved for Lao citizens. In the meantime, the Committee once again asks the Government to provide information on the practical application of section 33(3) of the Labour Law (2014) and on how it is ensured that this provision does not lead to indirect discrimination against non-citizens on the grounds set out in the Convention with respect to hiring and job security.

Article 2. Equality of opportunity and treatment between men and women. In its previous comments, the Committee noted the Government’s indication that the Lao Women’s Union is the lead implementing agency for the Law on the Development and Protection of Women of 2004 and that the Lao National Commission for the Advancement of Women (LCAW) undertakes research, provides policy advice and is responsible for the implementation of the National Strategy for the Promotion of the Advancement of Women (2011–15). It also noted that section 72 of the Labour Law (2014) continues to adopt different retirement ages for men (60 years of age) and women (55 years of age) and asked the Government to give the reasons for different retirement ages according to gender. The Committee notes the Government’s brief indication that the purpose of the different retirement ages between women and men is to promote the role of women. In this regard, the Committee once again recalls that setting earlier retirement ages for women can have a detrimental impact on women’s length of contributory service as well as their career paths and access to higher-level positions (see 2012 General Survey, paragraph 760). Further, the Committee notes, from the Government’s report to the Committee on the Elimination of Discrimination against Women (CEDAW) in reply to the list of issues and questions, dated 21 June 2018, that girls are underrepresented in “typically male” fields of study, such as in sciences (for example, in 2015, there were 1,343 girls for 2,624 boys in “mathematics and statistics”) and information technology (in 2015, there were 956 girls and 1,958 boys in “media and IT”). The Committee also notes from this data that in 2015, women represented 66.9 per cent of the workforce in the accommodation and catering sector, while they represented 33.7 per cent of the workforce in the information technology sector and 9.1 per cent of the workforce in the transportation and warehouse sector (CEDAW/C/LAO/Q/8-9/Add.1, paragraphs 62–63). In this regard, the Committee recalls that stereotyped assumptions regarding women’s aspirations and capabilities, their suitability for certain jobs or their interest or availability of full-time jobs, continues to lead to the segregation of women and men in education and training, and consequently in the labour market. The Committee therefore again asks the Government to provide information on the measures adopted and outcomes noted under the National Strategy for the Promotion of the Advancement of Women (2011–15) to promote women’s access to employment, including to higher-level occupations, and to vocational training and education at all levels, including higher-level education. Please provide up-to-date statistical information, disaggregated by sex, on employment in the public and private sectors, and in the formal and informal economy, and on participation in education and in the various vocational training courses. The Committee further asks the Government to consider amending section 72 of the Labour Law (2014) to provide for the same retirement age for both women and men, in order to allow women to have the same opportunities as men in their career paths and access to high-level positions.

Equality of opportunity and treatment irrespective of religion and ethnicity. In its previous comments, the Committee noted the various measures implemented by the Government to close the persisting large gap between ethnic groups, and particularly minorities, in accessing education and vocational training. In this regard, it asked the Government to provide information on the steps taken, with the assistance of the Lao Front for National Construction (LFNC), to address discrimination in employment and occupation based on religious or ethnic grounds and to promote equality. The Committee notes the information provided by the Government that it is investing in expanding secondary teaching to rural areas. It further notes from the Government’s June 2018 Report to the CEDAW that it is preparing a Decree on the Ethnic Affairs in which section 17 envisages the recruitment of officials and civil servants from ethnic groups and the development of their skills and knowledge to allow their return to their local offices as main officials (CEDAW/C/LAO/Q/8-9/Add.1, paragraph 52). The Committee asks the Government to continue its efforts to narrow the gap between ethnic groups, particularly minorities, in accessing education and vocational training. In this regard, it asks the Government to provide information on the specific steps taken by the Government and the LFNC to address direct and indirect discrimination in employment and occupation based on religious or ethnic grounds and the steps taken to promote and ensure equality of opportunity and treatment in employment and occupation. The Committee also asks the Government to indicate if the Decree on the Ethnic Affairs has been adopted and to provide a copy in one of the official languages of the ILO. Once again, the Government is asked to provide updated statistical information on enrolment, disaggregated by ethnicity and sex, for primary, secondary and tertiary education, as well as for vocational and teacher training schools for ethnic minorities.

Persons with disabilities and older workers. The Committee previously noted sections 9(1) and 33(1) of the Labour Law (2014) which provide for employment opportunities and skills development for persons with disabilities and older persons. It also recalls that section 25 of the Decree of the Rights of Persons with Disabilities provides for non-discrimination generally against persons with disabilities with respect to employment and asked the Government to provide information on the practical application of this provision. The Committee notes the Government’s very general statement that it encourages the National Committee for the Persons with Disabilities and Elderly (NCPDE) to promote employment to elderly and persons with disabilities by empowering them “at the village level”. The Committee further notes from the Government’s report to the CEDAW that the NCPDE is preparing national policies, strategies and action plans for people with disabilities (CEDAW/C/LAO/Q/8-9/Add.1, paragraph 81). Noting that the information provided is very general, the Committee reiterates its request for information on the concrete steps taken in practice to implement section 25 of the Decree on the Rights of Persons with Disabilities, including details of any activities undertaken to promote non-discrimination of persons with disabilities in employment and occupation. The Committee also asks the Government to provide detailed information on the specific steps taken or envisaged, including by local authorities, to promote skills development and equal opportunities in access to employment and occupation for persons with disabilities and older workers pursuant to sections 9(1) and 33(1) of the Labour Law (2014) and the above Decree by, for example, through the provision of training. The Government is asked to provide statistical data, disaggregated by sex, on the participation of persons with disabilities and older persons in employment and vocational training and education.

Article 5. Special measures. Women. In its previous comments, the Committee noted that section 97 of the Labour Law (2014) prohibits the employment of women workers caring for a child under 1 year of age in certain types of employment, including overtime, night work and work specified as hazardous. It asked the Government to indicate whether this provision applies only to pregnant and nursing women or whether it applies to all women caring for a child under 1 year of age. The Committee notes that the Government does not reply to its request with regard to section 97 of the Labour Law (2014) but merely states that section 13 of the Law on Family (2008) provides the same rights and obligations to husbands and wives with regard to children. The Committee therefore once again emphasizes that, while measures aimed at assisting workers with family responsibilities are essential to promote equality, it considers that measures reflecting the assumption that the main responsibility for family care lies with women tend to reinforce and prolong stereotypes regarding the roles of men and women in the family and in society. In order to achieve the objective of the Convention, measures to assist workers with family responsibilities should be available to men and women on an equal footing (see 2012 General Survey, paragraphs 785–786). Therefore, the Committee reiterates its requests to the Government that it clarify whether section 97 of the Labour Law (2014) only covers pregnant and nursing women, or whether it covers all women caring for a child under 1 year of age, and to indicate whether the prohibition would apply equally to men caring for a child under 1 year of age.

Enforcement. The Committee previously noted the absence of discrimination claims recorded by the courts and, recalling that this was likely to indicate a lack of awareness of the legislation, it asked the Government to provide information on the measures taken to raise awareness of the legislation on non-discrimination. The Committee notes the Government’s general reply that it has increased awareness of the labour law, including in the process of mediation and resolution of labour disputes through tripartite constituent systems. It further notes from the Government’s report to the CEDAW that the Supreme Court has published a book entitled “How to access justice” and has distributed 3,000 copies, free of charge, to the population. The Government further indicates to the CEDAW that it has actively been disseminating and providing knowledge of human rights in rural and remote areas, especially to women and ethnic minority populations. The Committee asks the Government to continue its efforts in raising awareness among workers, employers and their organizations, and the wider public, of the applicable legislation concerning non-discrimination and the available mechanisms and procedures for redress, and to provide detailed information on the steps taken as well as on the results achieved. Noting that the Government is silent on this point, the Committee reiterates its requests that the Government provide information on any court or administrative decisions regarding the enforcement of non-discrimination legislation, as well as on any relevant complaints reported to or detected by the labour inspectorate.