Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Equal Remuneration Convention, 1951 (No. 100) - Angola (Ratification: 1976)

Other comments on C100

Observation

Direct Request

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The Committee previously noted the observations of the National Union of Angola Workers (UNTA), which were received on 30 August 2019. The Committee requests the Government to provide its comments thereon.

Articles 1and 2 of the Convention. Equal remuneration for men and women for work of equal value. Legislation. The Committee previously noted that the General Labour Act (Act No. 7/015) of 21 April 2015 addressed some of the matters previously raised by the Committee, in particular the lifting of restrictions regarding the application of the principle of the Convention to men and women working for the same employer, under the same conditions or having the same qualifications, but regretted that the opportunity of the revision of the Act was not seized to bring the legislation fully into conformity with the Convention, in particular as regards its scope of application and the definition of remuneration. The Committee notes with regret the lack of information provided by the Government, in its report, on any progress made in that respect. The Committee again urges the Government to take the necessary steps to ensure that: (i) the principle of the Convention is applied to the categories of workers falling outside the scope of application of the General Labour Act, such as civil servants and casual workers; and (ii) the definition of remuneration set out in section 155 of the General Labour Act, which excludes several components of remuneration (such as travel and accommodation allowances, family allowances and other social security benefits), is brought fully into line with the Convention. It asks the Government to provide information on any progress made in that regard, as well as on any proactive measures taken to raise awareness of the meaning and scope of application of the principle of equal remuneration for work of equal value among workers, employers and their representative organizations, as well as among law enforcement officials.

Articles 2 and 3. Occupational gender segregation. Referring to its previous comments regarding the concentration of the labour force, notably women, in the informal economy, with low salaries and lack of social protection coverage, the Committee notes the Government’s statement that several policies and measures have been developed to enhance women’s participation in professional training courses, including through the adoption of the Action Plan for the Promotion of Employability (PAPE) in 2019. It observes, however, that the Government does not provide any information on the impact of such policies on women in practice. The Committee notes the adoption of (1) the National Development Plan 2018-2022 and the National Human Rights Strategy and Action Plan, by Presidential Decree No. 100/20 of 14 April 2020, which set out specific measures in order to promote gender equality and women’s empowerment, in particular in rural areas; and (2) the Decent Work Country Programme for 2019-2022, which integrates gender and non-discrimination as a cross-cutting issue and sets as a specific priority the transition of workers from the informal economy to the formal economy. It further notes, from the Government’s follow-up report to the concluding observations made by the United Nations (UN) Committee on the Elimination of Discrimination against Women (CEDAW), that the action plan for the implementation of the National Policy on Gender Equality and Equity, adopted in 2013, has been prepared and is currently being analysed for approval (CEDAW/C/AGO/FCO/7, 16 April 2021, paragraph 16). The Committee welcomes this information. However it notes that the National Union of Angola Workers (UNTA) indicates in its observations that, for cultural reasons, women still have a lower academic level than men and therefore represent the majority of workers in the informal economy, with underpaid, insecure and vulnerable jobs. The UNTA adds that, in the formal economy, women are mostly represented in the agriculture sector, where wages are insufficient to meet basic needs, and in the public sector where they represent a minority in technical careers and management positions and with lower salary than their male colleagues. In that regard, the Committee notes that, in 2019, in the context of the Universal Periodic Review (UPR), the Government indicated that in the civil service women represented 42 per cent of officials but held only 35.5 per cent of senior positions, while no data was available for the private sector. The activity rate was 45.4 per cent for women (compared to 61.1 per cent for men), the majority of whom were in the informal economy, as a result of the low level of literacy (estimated at 54 per cent for women compared to 83 per cent for men) and of formal technical education (A/HRC/WG.6/34/AGO/1, 23 August 2019, paragraphs 52 and 151). According to the 2020 Human Development Report from the United Nations Development Programme (UNDP), only 23.1 per cent of adult women have reached at least a secondary level of education, compared to 38.1 per cent for men, and the income inequality Gini coefficient (that is the measure of the deviation of the distribution of income among individuals or households within a country from a perfectly equal distribution; with a value of 0 representing absolute equality and a value of 100 representing absolute inequality) was estimated at 0.536. It further notes that, in their 2019 concluding observations, several UN treaty bodies remained concerned about: (1) the disproportionately high levels of illiteracy among women, in particular in rural areas; (2) the underrepresentation of girls and women in traditionally male-dominated areas of education, including technical and vocational education; and (3) the continuing horizontal and vertical occupational segregation and the concentration of women in the informal labour market and in low-paying jobs (CEDAW/C/AGO/CO/7, 14 March 2019, paragraphs 35 and 37, and CCPR/C/AGO/CO/2, 8 May 2019, paragraph 15). Taking into consideration the persistent vertical and horizontal occupational gender segregation, the Committee hopes that the Government will strengthen its efforts to implement proactive measures to promote and enforce the principle of equal remuneration for men and women for work of equal value. The Committee asks the Government to provide information on the content and impact of the specific measures taken, including in the framework of the National Development Plan 2018-2022, the National Human Rights Strategy and the Decent Work Country Programme for 2019-2022, to combat gender segregation in the labour market and promote women’s access to a wider range of jobs with career prospects and higher pay, in particular by facilitating their access to education and vocational training and their transition to the formal economy. The Committee further asks the Government to provide information on the adoption and implementation of the draft action plan for the implementation of the National Policy on Gender Equality and Equity.

Article 2(2)(b). Minimum wages. The Committee notes the Government’s indication regarding the increase of the minimum wage by 57 per cent in the public sector and by 30 per cent in the private sector (Presidential Decrees No. 13/19 and 14/19 of 9 January 2019). It further notes that, as a result of Presidential Decree No. 89/19 of 21 March 2019, the rate of the single guaranteed national minimum wage was increased (21’454.10 kwanzas (Kz)), together with the minimum wage rates corresponding to the three main economic sectors, namely trade and extractive industry (Kz32’181.15); transport, services and manufacturing (Kz 26’817.63); as well as agriculture (Kz21’454.10). The Committee welcomes this information but observes the persistent significant differences between sectors as regards the level of the minimum wage. It notes that, in its observations, the UNTA considers that the level of the single guaranteed national minimum wage is insufficient to meet the basic needs, and wage inequality is further supported by the determination of different minimum wage rates for the main economic sectors. The UNTA also expresses concern at the possibility for enterprises to set salary below the minimum wage rates when they are not in a position to pay the minimum wage rates established by the national legislation. The Committee notes that section 3 of Presidential Decree No. 89/19 explicitly allows companies in the agriculture and manufacturing sectors to set wages below the national minimum wages, after authorization of the head of the Ministerial Department responsible for labour issues. In that regard, it wishes to stress that a uniform national minimum wage system helps to raise the earnings of the lowest paid, most of whom are women, and thus has an influence on the relationship between men’s and women’s wages and on reducing the gender pay gap (see General Survey on fundamental Conventions, 2012, paragraph 683). In light of the persistent gender segregation of the labour market, the Committee again asks the Government to provide information on the specific measures taken to ensure that the determination of the minimum wage rates are free from gender bias, and that the work in sectors with a high proportion of women is not being undervalued in comparison with sectors in which men are predominantly employed. It asks the Government to provide information on the number of companies that have been authorized to set wages below the statutory minimum wages, pursuant to section 3 of Presidential Decree No. 89/19.

Article 3. Objective job evaluation. The Committee recalls that the effective implementation of the principle of the Convention requires some method of measuring and comparing the relative value of different jobs held by men and women, through an examination of the respective tasks involved, undertaken on the basis of entirely objective and non-discriminatory criteria, such as skills, effort, responsibilities and working conditions, in order to avoid the assessment being tainted by gender bias. It further recalls that measures for the objective evaluation of jobs can be taken at the enterprise, sectoral or national level, in the context of collective bargaining, as well as through wage-fixing mechanisms (see 2012 General Survey, paragraph 695). The Committee asks the Government to provide information on any measures taken to promote, develop and implement practical approaches and methods for the objective evaluation of jobs, both in the public and private sectors, based on criteria that are free from gender bias, such as qualifications and skills, effort, responsibilities and conditions of work, with a view to ensure the effective implementation of the principle of the Convention.

Enforcement. The Committee notes the Government’s statement that the Convention is enforced through the General Labour Inspectorate (IGT) but that no case of pay inequality has been identified. It notes that, in 2019, in the context of the UPR, the Government indicated that, in order to improve access to justice, as of 2015, several measures were introduced such as the decentralization of the courts and the establishment of alternative conflict resolution mechanisms, including the National Directorate for Extrajudicial Dispute Settlement, which is staffed by lawyers who provide legal advice and uphold the principle of non-discrimination, in particular on the grounds of sex, ensuring that citizens are aware of and can exercise and defend their rights and legitimate interests (A/HRC/WG.6/34/AGO/1, 23 August 2019, paragraphs 82 to 86). The Committee notes, however, that in their 2019 concluding observations several UN treaty bodies 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 14, and CCPR/C/AGO/CO/2, paragraph 37). Welcoming the steps taken by the Government to improve access to justice, the Committee asks the Government to pursue its efforts and to provide information on the content and impact of the activities undertaken to raise awareness about the remedies and procedures available, in particular in the framework of the National Directorate for Extrajudicial Dispute Settlement. It further asks the Government to provide information on any cases of pay inequality between men and women dealt with by the labour inspectors, the courts, alternative conflict resolution mechanisms or any other competent authority, the sanctions imposed and remedies granted.

Statistical information. Referring to its previous comments, the Committee notes the statistical information provided by the Government regarding the high, medium and low remuneration levels observed in six economic sectors. It however observes that no information is provided on the period covered by the statistical information nor on the distribution of men and women in these economic sectors and remuneration levels, which therefore does not allow the Committee to assess the application of the Convention in practice. The Committee notes further that, in its 2019 concluding observations, the CEDAW remained concerned about the limited availability, dissemination and analysis of gender statistics, in particular regarding gender stereotypes, education, employment, and economic empowerment (CEDAW/C/AGO/CO/7, paragraph 49). The Committee recalls that appropriate data and statistics are crucial in determining the nature, extent and causes of discrimination and unequal remuneration, to set priorities and design appropriate measures, to monitor and evaluate the impact of such measures, and make any necessary adjustments (see General Survey, 2012, paragraph 891). Consequently, the Committee hopes that the Government will soon be in a position to provide relevant statistical information that would permit an assessment of the remuneration levels of men and women and pay differentials. It asks the Government to provide any available information on the distribution of women and men in the various economic sectors and occupations, and their corresponding earnings, both in the public and private sectors.