Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. Article 1 of the Convention. Legal prohibition of discrimination. With reference to its previous comments, the Committee notes that the new Labour Code has not yet been adopted. It further notes the Government’s explanations that section 26 of the Labour Code (as amended in 2000) prohibits discrimination between men and women workers with respect to employment, remuneration, promotion and vocational training. Section 26, however, does not prohibit sex-based discrimination with respect to particular occupations. The Government further indicates that the draft legislation amending the Labour Code defines "a worker" as "every man, woman or minor who works for an employer against remuneration without distinction based on race, colour, religion, sex, political opinion, national extraction and social origin". While these provisions are a step towards greater protection against discrimination, the Committee considers nevertheless that greater conformity with the Convention would be achieved if the new Labour Code would include a provision explicitly prohibiting discrimination in employment and occupation based on all the grounds set forth in the Convention and which would also prohibit discrimination with respect to particular occupations. It therefore hopes that the Government will consider revising the Labour Code accordingly, and asks the Government to keep it informed on the progress made regarding its adoption.

2. Sexual harassment. The Committee notes the Government’s response with respect to its general observation on sexual harassment, in particular the information on the provisions in the Labour Code protecting workers against sex discrimination and acts of violence or contrary to public decency, and the provisions in the Penal Code concerning the offences against civil rights and obligations, crimes against public decency, incitation to immorality, outrage to public morals and decency, and threats. The Committee asks the Government if it has any intention of prohibiting sexual harassment (both quid pro quo and hostile working environment) in employment more explicitly in the law or in a policy, in line with its 2002 general observation (which is attached for ease of reference). Please also keep the Committee informed of any complaints received by the labour inspection services and of relevant court decisions on this issue. In addition, the Committee takes note of the Government’s suggestion that the Office should make every effort to encourage cooperation from the social partners to address sexual harassment through collective agreements and national policy, and hopes that the Office will be able to provide such assistance in the near future.

3. Discrimination on the basis of religion in the public service. With respect to the Committee’s previous requests to provide information on the application in practice of the amended constitutional provision that abolished the rule of equal representation of religions in the public service, the Committee notes the Government’s statement that competitions for nominations in the public service are being organized pursuant to section 54 of Act No. 583 of 23 April 2004. It requests the Government to provide the text of this provision and to indicate the number of men and women nominated following such competitions, and their respective religions. However, the Committee regrets to note that once again no information on the composition of staff in the public service has been provided. It emphasizes that statistical information is essential to the evaluation of inequalities in the labour market, including the public service, and the development of strategies to address them. It therefore urges the Government to provide, in its next report, all the information available that would permit such an evaluation for the public service, and to take the necessary measures to compile the requested statistical information on the composition of the public service, disaggregated by sex and religion. Please also keep the Committee informed of any decision taken to abolish the rule of equal representation of religions for the top positions.

4. Articles 2 and 3. Access of women to employment and vocational training. With reference to its previous comments, the Committee notes that the Government’s report has omitted to provide information on measures taken or envisaged, including any positive action programmes, to correct de facto inequalities between men and women in employment and occupation, and the results achieved. It trusts that the Government will include the information requested in its next report, as well as information on any educational and awareness-raising programmes to secure the acceptance and observance of the principle set forth in the Convention. In addition, the Committee notes that section 35 of the draft Labour Code allows the Minister of Labour to restrict the access of women to jobs that are considered arduous, dangerous or harmful to them. It invites the Government to take account of the ILO resolution of 1985 on equality of opportunity and treatment between men and women in employment during the revision process.

5. Equality of treatment with respect to social security and employment-based benefits. With reference to its previous comments, the Committee notes with interest Act No. 483 of 12 December 2002 amending section 14 of the Social Security Act explicitly providing that the definition of "insured person" covers both women and men, without discrimination. For its comments on employment-based benefits, such as family allowance, the Committee refers to its comments on Convention No. 100.

6. Migrant workers. The Committee notes the Government’s explanation that the Minister of Labour determines the types of jobs and occupations that should be reserved for Lebanese nationals, and asks the Government to provide the list of these jobs and occupations in its next report. The Committee also notes the Government’s statement that the Labour Code does not make any distinction between nationals and non-nationals with respect to, inter alia, remuneration and conditions of work. It notes that, with respect to foreign domestic workers, Decision 70/1 of 17 July 2003 concerning the placement agencies for domestic workers aims to ensure the protection of their rights and prevent their maltreatment, subject to punishment and annulment of the agency’s licence. The Committee asks the Government to provide a copy of this Decision, as well as information on its practical application. Recalling further its comments made in point 1 of this direct request and in the absence of any provision in the Labour Code explicitly prohibiting discrimination on the basis of all grounds set forth in the Convention, the Committee must reiterate its requests to the Government to indicate the measures taken to protect both male and female migrant workers, in practice, against discrimination based on race, colour, sex, national extraction, religion and political opinion, in employment and occupation.

7. Parts III and IV of the report form. Please provide copies of any decision by the courts, Arbitration Commission or other bodies concerning the application of the Convention, as well as extracts of labour inspection reports.