Repetition

The Committee notes the observations of the General Confederation of Lebanese Workers (CGTL) communicated by the Government with its report.

Articles 1(1)(a) and 5 of the Convention. Discrimination based on sex. Restrictions on women’s employment. The Committee recalls that, in its previous comments, it emphasized that the Labour Code contains restrictions on women’s employment (section 27) which are not limited to the protection of maternity and it requested that the Government take the necessary steps, in the context of labour legislation reform, to ensure that these restrictions do not go beyond the protection of maternity. The Committee notes that the Government’s report does not contain any information in this regard and is bound to repeat its requests. The Committee once again asks the Government to take the necessary steps to ensure that any restriction on women’s employment laid down in the future Labour Code is strictly limited to the protection of maternity and is not based on stereotypes regarding women’s professional abilities and role in society without account being taken of their real capacity to perform the job in question. The Committee also asks the Government to consider other steps, such as better safety and health protection for men and women, adequate transport or social services, that might be necessary to allow women the same opportunities as men regarding access to all types of employment and to provide information on any measures taken for that purpose.

Article 2. Gender equality. Civil service. The Committee notes the detailed statistics provided by the Government regarding the number of men and women employed in the civil service. The Committee observes that, while 43.3 per cent of officials in the public administration are women, only 25.4 per cent of officials in the highest category are women. The Committee asks the Government to identify the steps taken or envisaged to identify the underlying causes of this de facto inequality and to actively promote access for women to a greater number of posts at all levels, particularly those in the higher categories, and to continue to provide statistics disaggregated by sex, evaluating the impact of these measures.

Gender equality. Private sector. In its previous comments, the Committee highlighted the existence of substantial occupational segregation between men and women in the labour market and in training. The Committee notes the concluding observations of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) in which it expressed concern about “the lack of measures to promote the concept of shared family responsibilities and to combat the difficulties that women face in combining work and family responsibilities.” The CEDAW also expressed concern about “women’s limited access to the formal labour market, … occupational segregation and … the high percentage of women in low-paid jobs, such as service sector workers and salespersons, administrative staff and mid-level professionals” (CEDAW/C/LBN/CO/4-5, 24 November 2015, paragraph 35). The Committee also notes that the CGTL indicates that the rights provided under the Labour Code do not ensure equal protection for men and women and suggests that a seminar on legislation be held, following consultations with workers’ and employers’ organizations and the Government, with a view to developing a joint code of conduct aimed at ensuring equality of treatment and opportunity. The trade union also indicates that it encourages the executive authorities to propose an amendment to the Labour Code and then for the legislature to adopt that amendment. The Committee notes that the Government refers to the third annual report (2015) on the implementation of the National Strategic Plan for Women in Lebanon, which details the action and activities undertaken by some non-governmental organizations and international organizations, including lobbying to amend the labour legislation and training for women to enter and make progress in the labour market. This report indicates that the Minister of Social Affairs has implemented programmes for women’s economic independence and support services for women who work. The Committee also notes that, in the framework of the National Strategy for Women (2011–21), a new plan of action was adopted for the period 2017–19 with the aims of: (i) eliminating the discriminatory provisions in the laws governing the work of women; (ii) raising the awareness of women of their labour rights and the opportunities available; and (iii) developing women’s skills to improve their participation in economic activity. The Committee asks the Government to provide detailed information on all the measures taken to eliminate discrimination against women and to promote equality between men and women in employment and occupation. More specifically, the Committee asks the Government to report on the steps taken to implement the National Strategy for Women 2011–21, including within the framework of the National Plan of Action 2017–19, identifying the results achieved in terms of the revision of discriminatory laws and the promotion of women’s employment in the private sector, particularly in occupations traditionally carried out by men and in occupations offering career prospects.

Foreign domestic workers. Model employment contract. In its previous comments, the Committee expressed concern regarding the general wording of clause 16(a) of the model employment contract adopted in 2009 (termination of employment by the employer if the worker commits a deliberate mistake, negligence, aggression or threats, or harms the interests of the employer or any member of his or her family) and the adverse consequences for the worker exercising the right to terminate the contract under clauses 17(a) (non-payment of wages for three months) and 17(b) (violence, abuse or harassment by the employer), since termination will always result in the foreign domestic worker having to leave the country. The Committee also notes that, in its concluding observations, the United Nations Committee on the Elimination of Racial Discrimination (CERD) expressed concern at “the unfavourable working conditions set under the standard employment contract for domestic workers” (CERD/C/LBN/CO/18-22, 5 October 2016, paragraph 41). Referring to its observation, the Committee notes the Government’s indication that the model employment contract defines the relationship between the employer and the worker and, more generally that the relationship between employers and domestic workers is being examined by the national steering committee of the Ministry of Labour. The Committee trusts that the analysis undertaken by the Ministry of Labour will lead to a re examination and revision of the clauses of the model employment contract that are likely to place domestic workers in a situation of vulnerability with regard to discrimination and abuse.

Non-nationals. The Committee notes that, for many years, the country has hosted an increasing number of refugees. According to a report of the Office of the United Nations High Commissioner for Refugees (UNHCR) entitled “Global trends: Forced displacement in 2017”, Lebanon hosts the largest number of refugees relative to its national population: one in six inhabitants is a refugee. The Committee notes that, in its concluding observations, CERD states that the country hosts a large number of refugees, including more than 500,000 Palestinians and an estimated 1.1 million Syrians. In this regard, CERD noted “with concern that refugees are allowed to work only in certain sectors” and, while recognizing that the influx of refugees puts pressures on the State infrastructure, it noted “with concern the number of circulars restricting the admission of non-Lebanese pupils to public schools” (CERD/C/LBN/CO/18-22, 5 October 2016, paragraphs 5, 33–35). The Government reports that no discriminatory practices against Palestinians exist in employment and that the decision regarding the occupations reserved for Lebanese nationals is adopted each year. The Committee recalls that, while the Convention does not cover the discrimination on the ground of nationality, it covers non-nationals on an equal footing with nationals so that non-nationals are protected against discrimination on the grounds of sex, race, colour, religion, political opinion, national extraction or social origin, under Article 1(1)(a). Although aware of the difficulties resulting from the huge influx of refugees into the country in recent years, the Committee asks the Government to provide information on the measures adopted or envisaged to ensure effective protection for refugees against any discriminatory practice on the basis of race, colour, national extraction or social origin, including sexual harassment, regarding not only access to employment but also working conditions (hours of work, remuneration, etc.). The Committee once again asks the Government to identify the occupations reserved for Lebanese nationals and to provide the available data, if possible disaggregated by sex, on the labour force participation of Palestinians and Syrian nationals, with an indication of the type of work that they carry out.

Enforcement. The Committee notes the information provided by the Government. The Committee observes in particular the Government’s indication that the Beirut labour inspectorate has not recorded any cases of discrimination on the grounds of religion, race or gender. The Committee also notes that the Government recognizes that if cases of management-sanctioned discrimination do exist, they would not be openly acknowledged. The Government also recognizes that workers may deny the existence of discriminatory practices for fear of losing their job, even where such practices exist, perhaps unintentionally. According to the Government, it remains for workers to report the existence of discriminatory practices and to contact the Ministry of Labour or other competent authorities in order to end those practices. Noting this information, the Committee asks the Government to introduce the necessary training and awareness raising to enable labour inspectors to better identify discriminatory practices during their inspections of enterprises, particularly with regard to recruitment (for example by examining recent vacancies or the selection procedures followed). The Committee also asks the Government to ensure that complaints procedures based on the principles of confidentiality and protection against reprisals are available to workers. The Government is also asked to continue to provide information on any cases of discrimination detected by the labour inspectorate or brought to the attention of the Ministry of Labour or referred to the courts.

Repetition

Articles 1 and 2 of the Convention. Protection of workers against discrimination, including sexual harassment. Law and practice. For more than 20 years the Committee has been requesting that the Government introduce a definition and a general prohibition of direct and indirect discrimination on the grounds set out in Article 1(1)(a) of the Convention, within the framework of the Labour Code reform, applicable to all aspects of employment and occupation. The Committee recalls that the Labour Code currently in force (the Labour Code of 1946, as amended) only covers discrimination between men and women in certain aspects of employment (section 26) and does not provide effective protection against all forms of sexual harassment, namely quid pro quo and hostile working environment sexual harassment. Indeed, the only section of the Code that could be applied in cases of sexual harassment is a provision that authorizes employees to leave their jobs without notice when “the employer or his representative commits the offence of molestation of the worker” (section 75(3)). The Committee recalls in this regard that legislation under which the sole redress available to victims of sexual harassment is the possibility to resign, while retaining the right to compensation, does not afford sufficient protection for victims of sexual harassment since it punishes them and could therefore dissuade victims from seeking redress (see 2012 General Survey on the fundamental Conventions, paragraph 792). The Committee notes with regret that the Government’s report does not contain any information on the progress or content of the ongoing reform of the Labour Code. However, the Committee observes that, according to the third annual report (2015) on the implementation of the National Strategic Plan for Women in Lebanon (2011–21), the Ministry of Labour has prepared a bill criminalizing sexual harassment in the workplace. Consequently, the Committee urges the Government to take the necessary steps to ensure that the new Labour Code contains provisions defining and prohibiting direct and indirect discrimination on at least all of the grounds set out in Article 1(1)(a) of the Convention, in all aspects of employment and occupation, as defined in Article 1(3), and all forms of sexual harassment (quid pro quo harassment and the creation of a hostile working environment). The Committee once again asks the Government to provide information on any progress made with a view to adopting the draft Labour Code. In the absence of full legislative protection against discrimination, the Committee also once again requests the Government to adopt specific measures to ensure, in practice, the protection of workers against discrimination on the grounds of race, colour, religion, political opinion, national extraction and social origin, and against sexual harassment in employment and occupation, including measures to raise awareness of these issues among workers, employers and their respective organizations, in order to improve prevention.

Foreign domestic workers. Multiple discrimination. For more than ten years, the Committee has been examining the measures taken by the Government to address the lack of legal protection for domestic workers, most of whom are women migrants, since these workers are excluded from the scope of the Labour Code and are particularly vulnerable to discrimination, including harassment, on the basis of sex and other grounds such as race, colour and ethnic origin. The Committee notes that, in its concluding observations, the United Nations Committee on the Elimination of Racial Discrimination (CERD) noted with concern that “abuse and exploitation of migrant domestic workers continues to occur in spite of the measures taken by the State party”. The CERD also noted with concern that “victims are often not able to seek assistance when they are forcibly confined to the residence of their employers or when their passports have been retained”. The CERD recommended the following measures: “abolish the conditions that render migrant domestic workers vulnerable to abuse and exploitation, including the sponsorship system and the live-in setting”; “extend the coverage of the Labour Code to domestic work, thereby granting domestic workers the same working conditions and labour rights as other workers, including the right to change occupation, and subjecting domestic work to labour inspections”; “ensure that any specific legislation on domestic employment is aimed at tackling migrant domestic workers’ increased vulnerability to abuse and exploitation”; and “conduct campaigns to change the population’s attitudes towards migrant domestic workers and to raise awareness of their rights” (CERD/C/LBN/CO/18–22, 5 October 2016, paragraphs 41–42). The Government reports that domestic workers are covered by the Code of Obligations and Contracts, and once again refers to the model contract and the Bill on the employment of domestic workers. The Government also indicates that a Bill to ratify the Domestic Workers Convention, 2011 (No. 189), was submitted to the Council of Ministers and that the national steering committee of the Ministry of Labour, which is responsible for examining relations between employers and domestic workers, is currently developing significant measures to guarantee compliance with contracts and abolish the sponsorship system. However, the Government states that this process will take time. In this regard, the Committee notes the Government’s indication that the Ministry of Labour and official bodies have not established restrictions regarding changes of employer and that this is an issue that only concerns the worker and the employer. Recalling its previous comments and noting with regret that the situation remains unchanged, the Committee urges the Government to take the necessary measures, in cooperation with the social partners, to ensure genuine protection for migrant domestics workers, in law and practice, against direct and indirect discrimination on all of the grounds set out in the Convention, including against sexual harassment, and in all areas of their employment, either through the adoption of a bill on the employment of domestic workers or, more generally, within the framework of the labour legislation. The Committee asks the Government to supply information on any progress made in this regard and on any legislative changes to abolish the sponsorship system. The Committee asks the Government, in particular, to ensure that any new regulations envisaged on the right of migrant workers to change employers do not impose conditions or restrictions likely to increase these workers’ dependence on their employer and thus increase their vulnerability to abuse and discriminatory practices.

Repetition

The Committee notes the observations of the General Confederation of Lebanese Workers (CGTL) communicated by the Government with its report.

Articles 1(1)(a) and 5 of the Convention. Discrimination based on sex. Restrictions on women’s employment. The Committee recalls that, in its previous comments, it emphasized that the Labour Code contains restrictions on women’s employment (section 27) which are not limited to the protection of maternity and it requested that the Government take the necessary steps, in the context of labour legislation reform, to ensure that these restrictions do not go beyond the protection of maternity. The Committee notes that the Government’s report does not contain any information in this regard and is bound to repeat its requests. The Committee once again asks the Government to take the necessary steps to ensure that any restriction on women’s employment laid down in the future Labour Code is strictly limited to the protection of maternity and is not based on stereotypes regarding women’s professional abilities and role in society without account being taken of their real capacity to perform the job in question. The Committee also asks the Government to consider other steps, such as better safety and health protection for men and women, adequate transport or social services, that might be necessary to allow women the same opportunities as men regarding access to all types of employment and to provide information on any measures taken for that purpose.

Article 2. Gender equality. Civil service. The Committee notes the detailed statistics provided by the Government regarding the number of men and women employed in the civil service. The Committee observes that, while 43.3 per cent of officials in the public administration are women, only 25.4 per cent of officials in the highest category are women. The Committee asks the Government to identify the steps taken or envisaged to identify the underlying causes of this de facto inequality and to actively promote access for women to a greater number of posts at all levels, particularly those in the higher categories, and to continue to provide statistics disaggregated by sex, evaluating the impact of these measures.

Gender equality. Private sector. In its previous comments, the Committee highlighted the existence of substantial occupational segregation between men and women in the labour market and in training. The Committee notes the concluding observations of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) in which it expressed concern about “the lack of measures to promote the concept of shared family responsibilities and to combat the difficulties that women face in combining work and family responsibilities.” The CEDAW also expressed concern about “women’s limited access to the formal labour market, … occupational segregation and … the high percentage of women in low-paid jobs, such as service sector workers and salespersons, administrative staff and mid-level professionals” (CEDAW/C/LBN/CO/4-5, 24 November 2015, paragraph 35). The Committee also notes that the CGTL indicates that the rights provided under the Labour Code do not ensure equal protection for men and women and suggests that a seminar on legislation be held, following consultations with workers’ and employers’ organizations and the Government, with a view to developing a joint code of conduct aimed at ensuring equality of treatment and opportunity. The trade union also indicates that it encourages the executive authorities to propose an amendment to the Labour Code and then for the legislature to adopt that amendment. The Committee notes that the Government refers to the third annual report (2015) on the implementation of the National Strategic Plan for Women in Lebanon, which details the action and activities undertaken by some non-governmental organizations and international organizations, including lobbying to amend the labour legislation and training for women to enter and make progress in the labour market. This report indicates that the Minister of Social Affairs has implemented programmes for women’s economic independence and support services for women who work. The Committee also notes that, in the framework of the National Strategy for Women (2011–21), a new plan of action was adopted for the period 2017–19 with the aims of: (i) eliminating the discriminatory provisions in the laws governing the work of women; (ii) raising the awareness of women of their labour rights and the opportunities available; and (iii) developing women’s skills to improve their participation in economic activity. The Committee asks the Government to provide detailed information on all the measures taken to eliminate discrimination against women and to promote equality between men and women in employment and occupation. More specifically, the Committee asks the Government to report on the steps taken to implement the National Strategy for Women 2011–21, including within the framework of the National Plan of Action 2017–19, identifying the results achieved in terms of the revision of discriminatory laws and the promotion of women’s employment in the private sector, particularly in occupations traditionally carried out by men and in occupations offering career prospects.

Foreign domestic workers. Model employment contract. In its previous comments, the Committee expressed concern regarding the general wording of clause 16(a) of the model employment contract adopted in 2009 (termination of employment by the employer if the worker commits a deliberate mistake, negligence, aggression or threats, or harms the interests of the employer or any member of his or her family) and the adverse consequences for the worker exercising the right to terminate the contract under clauses 17(a) (non-payment of wages for three months) and 17(b) (violence, abuse or harassment by the employer), since termination will always result in the foreign domestic worker having to leave the country. The Committee also notes that, in its concluding observations, the United Nations Committee on the Elimination of Racial Discrimination (CERD) expressed concern at “the unfavourable working conditions set under the standard employment contract for domestic workers” (CERD/C/LBN/CO/18-22, 5 October 2016, paragraph 41). Referring to its observation, the Committee notes the Government’s indication that the model employment contract defines the relationship between the employer and the worker and, more generally that the relationship between employers and domestic workers is being examined by the national steering committee of the Ministry of Labour. The Committee trusts that the analysis undertaken by the Ministry of Labour will lead to a re examination and revision of the clauses of the model employment contract that are likely to place domestic workers in a situation of vulnerability with regard to discrimination and abuse.

Non-nationals. The Committee notes that, for many years, the country has hosted an increasing number of refugees. According to a report of the Office of the United Nations High Commissioner for Refugees (UNHCR) entitled “Global trends: Forced displacement in 2017”, Lebanon hosts the largest number of refugees relative to its national population: one in six inhabitants is a refugee. The Committee notes that, in its concluding observations, CERD states that the country hosts a large number of refugees, including more than 500,000 Palestinians and an estimated 1.1 million Syrians. In this regard, CERD noted “with concern that refugees are allowed to work only in certain sectors” and, while recognizing that the influx of refugees puts pressures on the State infrastructure, it noted “with concern the number of circulars restricting the admission of non-Lebanese pupils to public schools” (CERD/C/LBN/CO/18-22, 5 October 2016, paragraphs 5, 33–35). The Government reports that no discriminatory practices against Palestinians exist in employment and that the decision regarding the occupations reserved for Lebanese nationals is adopted each year. The Committee recalls that, while the Convention does not cover the discrimination on the ground of nationality, it covers non-nationals on an equal footing with nationals so that non-nationals are protected against discrimination on the grounds of sex, race, colour, religion, political opinion, national extraction or social origin, under Article 1(1)(a). Although aware of the difficulties resulting from the huge influx of refugees into the country in recent years, the Committee asks the Government to provide information on the measures adopted or envisaged to ensure effective protection for refugees against any discriminatory practice on the basis of race, colour, national extraction or social origin, including sexual harassment, regarding not only access to employment but also working conditions (hours of work, remuneration, etc.). The Committee once again asks the Government to identify the occupations reserved for Lebanese nationals and to provide the available data, if possible disaggregated by sex, on the labour force participation of Palestinians and Syrian nationals, with an indication of the type of work that they carry out.

Enforcement. The Committee notes the information provided by the Government. The Committee observes in particular the Government’s indication that the Beirut labour inspectorate has not recorded any cases of discrimination on the grounds of religion, race or gender. The Committee also notes that the Government recognizes that if cases of management-sanctioned discrimination do exist, they would not be openly acknowledged. The Government also recognizes that workers may deny the existence of discriminatory practices for fear of losing their job, even where such practices exist, perhaps unintentionally. According to the Government, it remains for workers to report the existence of discriminatory practices and to contact the Ministry of Labour or other competent authorities in order to end those practices. Noting this information, the Committee asks the Government to introduce the necessary training and awareness raising to enable labour inspectors to better identify discriminatory practices during their inspections of enterprises, particularly with regard to recruitment (for example by examining recent vacancies or the selection procedures followed). The Committee also asks the Government to ensure that complaints procedures based on the principles of confidentiality and protection against reprisals are available to workers. The Government is also asked to continue to provide information on any cases of discrimination detected by the labour inspectorate or brought to the attention of the Ministry of Labour or referred to the courts.

Repetition

Articles 1 and 2 of the Convention. Protection of workers against discrimination, including sexual harassment. Law and practice. For more than 20 years the Committee has been requesting that the Government introduce a definition and a general prohibition of direct and indirect discrimination on the grounds set out in Article 1(1)(a) of the Convention, within the framework of the Labour Code reform, applicable to all aspects of employment and occupation. The Committee recalls that the Labour Code currently in force (the Labour Code of 1946, as amended) only covers discrimination between men and women in certain aspects of employment (section 26) and does not provide effective protection against all forms of sexual harassment, namely quid pro quo and hostile working environment sexual harassment. Indeed, the only section of the Code that could be applied in cases of sexual harassment is a provision that authorizes employees to leave their jobs without notice when “the employer or his representative commits the offence of molestation of the worker” (section 75(3)). The Committee recalls in this regard that legislation under which the sole redress available to victims of sexual harassment is the possibility to resign, while retaining the right to compensation, does not afford sufficient protection for victims of sexual harassment since it punishes them and could therefore dissuade victims from seeking redress (see 2012 General Survey on the fundamental Conventions, paragraph 792). The Committee notes with regret that the Government’s report does not contain any information on the progress or content of the ongoing reform of the Labour Code. However, the Committee observes that, according to the third annual report (2015) on the implementation of the National Strategic Plan for Women in Lebanon (2011–21), the Ministry of Labour has prepared a bill criminalizing sexual harassment in the workplace. Consequently, the Committee urges the Government to take the necessary steps to ensure that the new Labour Code contains provisions defining and prohibiting direct and indirect discrimination on at least all of the grounds set out in Article 1(1)(a) of the Convention, in all aspects of employment and occupation, as defined in Article 1(3), and all forms of sexual harassment (quid pro quo harassment and the creation of a hostile working environment). The Committee once again asks the Government to provide information on any progress made with a view to adopting the draft Labour Code. In the absence of full legislative protection against discrimination, the Committee also once again requests the Government to adopt specific measures to ensure, in practice, the protection of workers against discrimination on the grounds of race, colour, religion, political opinion, national extraction and social origin, and against sexual harassment in employment and occupation, including measures to raise awareness of these issues among workers, employers and their respective organizations, in order to improve prevention.

Foreign domestic workers. Multiple discrimination. For more than ten years, the Committee has been examining the measures taken by the Government to address the lack of legal protection for domestic workers, most of whom are women migrants, since these workers are excluded from the scope of the Labour Code and are particularly vulnerable to discrimination, including harassment, on the basis of sex and other grounds such as race, colour and ethnic origin. The Committee notes that, in its concluding observations, the United Nations Committee on the Elimination of Racial Discrimination (CERD) noted with concern that “abuse and exploitation of migrant domestic workers continues to occur in spite of the measures taken by the State party”. The CERD also noted with concern that “victims are often not able to seek assistance when they are forcibly confined to the residence of their employers or when their passports have been retained”. The CERD recommended the following measures: “abolish the conditions that render migrant domestic workers vulnerable to abuse and exploitation, including the sponsorship system and the live-in setting”; “extend the coverage of the Labour Code to domestic work, thereby granting domestic workers the same working conditions and labour rights as other workers, including the right to change occupation, and subjecting domestic work to labour inspections”; “ensure that any specific legislation on domestic employment is aimed at tackling migrant domestic workers’ increased vulnerability to abuse and exploitation”; and “conduct campaigns to change the population’s attitudes towards migrant domestic workers and to raise awareness of their rights” (CERD/C/LBN/CO/18–22, 5 October 2016, paragraphs 41–42). The Government reports that domestic workers are covered by the Code of Obligations and Contracts, and once again refers to the model contract and the Bill on the employment of domestic workers. The Government also indicates that a Bill to ratify the Domestic Workers Convention, 2011 (No. 189), was submitted to the Council of Ministers and that the national steering committee of the Ministry of Labour, which is responsible for examining relations between employers and domestic workers, is currently developing significant measures to guarantee compliance with contracts and abolish the sponsorship system. However, the Government states that this process will take time. In this regard, the Committee notes the Government’s indication that the Ministry of Labour and official bodies have not established restrictions regarding changes of employer and that this is an issue that only concerns the worker and the employer. Recalling its previous comments and noting with regret that the situation remains unchanged, the Committee urges the Government to take the necessary measures, in cooperation with the social partners, to ensure genuine protection for migrant domestics workers, in law and practice, against direct and indirect discrimination on all of the grounds set out in the Convention, including against sexual harassment, and in all areas of their employment, either through the adoption of a bill on the employment of domestic workers or, more generally, within the framework of the labour legislation. The Committee asks the Government to supply information on any progress made in this regard and on any legislative changes to abolish the sponsorship system. The Committee asks the Government, in particular, to ensure that any new regulations envisaged on the right of migrant workers to change employers do not impose conditions or restrictions likely to increase these workers’ dependence on their employer and thus increase their vulnerability to abuse and discriminatory practices.

Repetition

The Committee notes the observations of the General Confederation of Lebanese Workers (CGTL) communicated by the Government with its report.

Articles 1(1)(a) and 5 of the Convention. Discrimination based on sex. Restrictions on women’s employment. The Committee recalls that, in its previous comments, it emphasized that the Labour Code contains restrictions on women’s employment (section 27) which are not limited to the protection of maternity and it requested that the Government take the necessary steps, in the context of labour legislation reform, to ensure that these restrictions do not go beyond the protection of maternity. The Committee notes that the Government’s report does not contain any information in this regard and is bound to repeat its requests. The Committee once again asks the Government to take the necessary steps to ensure that any restriction on women’s employment laid down in the future Labour Code is strictly limited to the protection of maternity and is not based on stereotypes regarding women’s professional abilities and role in society without account being taken of their real capacity to perform the job in question. The Committee also asks the Government to consider other steps, such as better safety and health protection for men and women, adequate transport or social services, that might be necessary to allow women the same opportunities as men regarding access to all types of employment and to provide information on any measures taken for that purpose.

Article 2. Gender equality. Civil service. The Committee notes the detailed statistics provided by the Government regarding the number of men and women employed in the civil service. The Committee observes that, while 43.3 per cent of officials in the public administration are women, only 25.4 per cent of officials in the highest category are women. The Committee asks the Government to identify the steps taken or envisaged to identify the underlying causes of this de facto inequality and to actively promote access for women to a greater number of posts at all levels, particularly those in the higher categories, and to continue to provide statistics disaggregated by sex, evaluating the impact of these measures.

Gender equality. Private sector. In its previous comments, the Committee highlighted the existence of substantial occupational segregation between men and women in the labour market and in training. The Committee notes the concluding observations of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) in which it expressed concern about “the lack of measures to promote the concept of shared family responsibilities and to combat the difficulties that women face in combining work and family responsibilities.” The CEDAW also expressed concern about “women’s limited access to the formal labour market, … occupational segregation and … the high percentage of women in low-paid jobs, such as service sector workers and salespersons, administrative staff and mid-level professionals” (CEDAW/C/LBN/CO/4-5, 24 November 2015, paragraph 35). The Committee also notes that the CGTL indicates that the rights provided under the Labour Code do not ensure equal protection for men and women and suggests that a seminar on legislation be held, following consultations with workers’ and employers’ organizations and the Government, with a view to developing a joint code of conduct aimed at ensuring equality of treatment and opportunity. The trade union also indicates that it encourages the executive authorities to propose an amendment to the Labour Code and then for the legislature to adopt that amendment. The Committee notes that the Government refers to the third annual report (2015) on the implementation of the National Strategic Plan for Women in Lebanon, which details the action and activities undertaken by some non-governmental organizations and international organizations, including lobbying to amend the labour legislation and training for women to enter and make progress in the labour market. This report indicates that the Minister of Social Affairs has implemented programmes for women’s economic independence and support services for women who work. The Committee also notes that, in the framework of the National Strategy for Women (2011–21), a new plan of action was adopted for the period 2017–19 with the aims of: (i) eliminating the discriminatory provisions in the laws governing the work of women; (ii) raising the awareness of women of their labour rights and the opportunities available; and (iii) developing women’s skills to improve their participation in economic activity. The Committee asks the Government to provide detailed information on all the measures taken to eliminate discrimination against women and to promote equality between men and women in employment and occupation. More specifically, the Committee asks the Government to report on the steps taken to implement the National Strategy for Women 2011–21, including within the framework of the National Plan of Action 2017–19, identifying the results achieved in terms of the revision of discriminatory laws and the promotion of women’s employment in the private sector, particularly in occupations traditionally carried out by men and in occupations offering career prospects.

Foreign domestic workers. Model employment contract. In its previous comments, the Committee expressed concern regarding the general wording of clause 16(a) of the model employment contract adopted in 2009 (termination of employment by the employer if the worker commits a deliberate mistake, negligence, aggression or threats, or harms the interests of the employer or any member of his or her family) and the adverse consequences for the worker exercising the right to terminate the contract under clauses 17(a) (non-payment of wages for three months) and 17(b) (violence, abuse or harassment by the employer), since termination will always result in the foreign domestic worker having to leave the country. The Committee also notes that, in its concluding observations, the United Nations Committee on the Elimination of Racial Discrimination (CERD) expressed concern at “the unfavourable working conditions set under the standard employment contract for domestic workers” (CERD/C/LBN/CO/18-22, 5 October 2016, paragraph 41). Referring to its observation, the Committee notes the Government’s indication that the model employment contract defines the relationship between the employer and the worker and, more generally that the relationship between employers and domestic workers is being examined by the national steering committee of the Ministry of Labour. The Committee trusts that the analysis undertaken by the Ministry of Labour will lead to a re examination and revision of the clauses of the model employment contract that are likely to place domestic workers in a situation of vulnerability with regard to discrimination and abuse.

Non-nationals. The Committee notes that, for many years, the country has hosted an increasing number of refugees. According to a report of the Office of the United Nations High Commissioner for Refugees (UNHCR) entitled “Global trends: Forced displacement in 2017”, Lebanon hosts the largest number of refugees relative to its national population: one in six inhabitants is a refugee. The Committee notes that, in its concluding observations, CERD states that the country hosts a large number of refugees, including more than 500,000 Palestinians and an estimated 1.1 million Syrians. In this regard, CERD noted “with concern that refugees are allowed to work only in certain sectors” and, while recognizing that the influx of refugees puts pressures on the State infrastructure, it noted “with concern the number of circulars restricting the admission of non-Lebanese pupils to public schools” (CERD/C/LBN/CO/18-22, 5 October 2016, paragraphs 5, 33–35). The Government reports that no discriminatory practices against Palestinians exist in employment and that the decision regarding the occupations reserved for Lebanese nationals is adopted each year. The Committee recalls that, while the Convention does not cover the discrimination on the ground of nationality, it covers non-nationals on an equal footing with nationals so that non-nationals are protected against discrimination on the grounds of sex, race, colour, religion, political opinion, national extraction or social origin, under Article 1(1)(a). Although aware of the difficulties resulting from the huge influx of refugees into the country in recent years, the Committee asks the Government to provide information on the measures adopted or envisaged to ensure effective protection for refugees against any discriminatory practice on the basis of race, colour, national extraction or social origin, including sexual harassment, regarding not only access to employment but also working conditions (hours of work, remuneration, etc.). The Committee once again asks the Government to identify the occupations reserved for Lebanese nationals and to provide the available data, if possible disaggregated by sex, on the labour force participation of Palestinians and Syrian nationals, with an indication of the type of work that they carry out.

Enforcement. The Committee notes the information provided by the Government. The Committee observes in particular the Government’s indication that the Beirut labour inspectorate has not recorded any cases of discrimination on the grounds of religion, race or gender. The Committee also notes that the Government recognizes that if cases of management-sanctioned discrimination do exist, they would not be openly acknowledged. The Government also recognizes that workers may deny the existence of discriminatory practices for fear of losing their job, even where such practices exist, perhaps unintentionally. According to the Government, it remains for workers to report the existence of discriminatory practices and to contact the Ministry of Labour or other competent authorities in order to end those practices. Noting this information, the Committee asks the Government to introduce the necessary training and awareness raising to enable labour inspectors to better identify discriminatory practices during their inspections of enterprises, particularly with regard to recruitment (for example by examining recent vacancies or the selection procedures followed). The Committee also asks the Government to ensure that complaints procedures based on the principles of confidentiality and protection against reprisals are available to workers. The Government is also asked to continue to provide information on any cases of discrimination detected by the labour inspectorate or brought to the attention of the Ministry of Labour or referred to the courts.

Repetition

Articles 1 and 2 of the Convention. Protection of workers against discrimination, including sexual harassment. Law and practice. For more than 20 years the Committee has been requesting that the Government introduce a definition and a general prohibition of direct and indirect discrimination on the grounds set out in Article 1(1)(a) of the Convention, within the framework of the Labour Code reform, applicable to all aspects of employment and occupation. The Committee recalls that the Labour Code currently in force (the Labour Code of 1946, as amended) only covers discrimination between men and women in certain aspects of employment (section 26) and does not provide effective protection against all forms of sexual harassment, namely quid pro quo and hostile working environment sexual harassment. Indeed, the only section of the Code that could be applied in cases of sexual harassment is a provision that authorizes employees to leave their jobs without notice when “the employer or his representative commits the offence of molestation of the worker” (section 75(3)). The Committee recalls in this regard that legislation under which the sole redress available to victims of sexual harassment is the possibility to resign, while retaining the right to compensation, does not afford sufficient protection for victims of sexual harassment since it punishes them and could therefore dissuade victims from seeking redress (see 2012 General Survey on the fundamental Conventions, paragraph 792). The Committee notes with regret that the Government’s report does not contain any information on the progress or content of the ongoing reform of the Labour Code. However, the Committee observes that, according to the third annual report (2015) on the implementation of the National Strategic Plan for Women in Lebanon (2011–21), the Ministry of Labour has prepared a bill criminalizing sexual harassment in the workplace. Consequently, the Committee urges the Government to take the necessary steps to ensure that the new Labour Code contains provisions defining and prohibiting direct and indirect discrimination on at least all of the grounds set out in Article 1(1)(a) of the Convention, in all aspects of employment and occupation, as defined in Article 1(3), and all forms of sexual harassment (quid pro quo harassment and the creation of a hostile working environment). The Committee once again asks the Government to provide information on any progress made with a view to adopting the draft Labour Code. In the absence of full legislative protection against discrimination, the Committee also once again requests the Government to adopt specific measures to ensure, in practice, the protection of workers against discrimination on the grounds of race, colour, religion, political opinion, national extraction and social origin, and against sexual harassment in employment and occupation, including measures to raise awareness of these issues among workers, employers and their respective organizations, in order to improve prevention.

Foreign domestic workers. Multiple discrimination. For more than ten years, the Committee has been examining the measures taken by the Government to address the lack of legal protection for domestic workers, most of whom are women migrants, since these workers are excluded from the scope of the Labour Code and are particularly vulnerable to discrimination, including harassment, on the basis of sex and other grounds such as race, colour and ethnic origin. The Committee notes that, in its concluding observations, the United Nations Committee on the Elimination of Racial Discrimination (CERD) noted with concern that “abuse and exploitation of migrant domestic workers continues to occur in spite of the measures taken by the State party”. The CERD also noted with concern that “victims are often not able to seek assistance when they are forcibly confined to the residence of their employers or when their passports have been retained”. The CERD recommended the following measures: “abolish the conditions that render migrant domestic workers vulnerable to abuse and exploitation, including the sponsorship system and the live-in setting”; “extend the coverage of the Labour Code to domestic work, thereby granting domestic workers the same working conditions and labour rights as other workers, including the right to change occupation, and subjecting domestic work to labour inspections”; “ensure that any specific legislation on domestic employment is aimed at tackling migrant domestic workers’ increased vulnerability to abuse and exploitation”; and “conduct campaigns to change the population’s attitudes towards migrant domestic workers and to raise awareness of their rights” (CERD/C/LBN/CO/18–22, 5 October 2016, paragraphs 41–42). The Government reports that domestic workers are covered by the Code of Obligations and Contracts, and once again refers to the model contract and the Bill on the employment of domestic workers. The Government also indicates that a Bill to ratify the Domestic Workers Convention, 2011 (No. 189), was submitted to the Council of Ministers and that the national steering committee of the Ministry of Labour, which is responsible for examining relations between employers and domestic workers, is currently developing significant measures to guarantee compliance with contracts and abolish the sponsorship system. However, the Government states that this process will take time. In this regard, the Committee notes the Government’s indication that the Ministry of Labour and official bodies have not established restrictions regarding changes of employer and that this is an issue that only concerns the worker and the employer. Recalling its previous comments and noting with regret that the situation remains unchanged, the Committee urges the Government to take the necessary measures, in cooperation with the social partners, to ensure genuine protection for migrant domestics workers, in law and practice, against direct and indirect discrimination on all of the grounds set out in the Convention, including against sexual harassment, and in all areas of their employment, either through the adoption of a bill on the employment of domestic workers or, more generally, within the framework of the labour legislation. The Committee asks the Government to supply information on any progress made in this regard and on any legislative changes to abolish the sponsorship system. The Committee asks the Government, in particular, to ensure that any new regulations envisaged on the right of migrant workers to change employers do not impose conditions or restrictions likely to increase these workers’ dependence on their employer and thus increase their vulnerability to abuse and discriminatory practices.

Repetition

Articles 1 and 5 of the Convention. Discrimination based on sex. Restrictions on women’s employment. In its previous comments, the Committee emphasized that the Labour Code contains restrictions on women’s employment (section 27) which are not limited to the protection of maternity. The Committee recalls that, where the aim is to repeal discriminatory protective measures relating to women’s employment, it may be necessary to examine what other measures, such as improved health protection for both men and women, adequate transportation and also social services, are needed to ensure that women have the same access as men to all types of employment. The Committee requests the Government to take the necessary steps to ensure that any restriction on women’s employment laid down in the future Labour Code is strictly limited to the protection of maternity and is not based on stereotypes regarding women’s professional abilities and role in society without account being taken of their real capacity to perform the job in question. The Government is requested to provide information on any supporting measures taken designed to ensure in practice equality of opportunity for men and women regarding access to employment.

Gender equality. Public service. In the absence of information on this point, the Committee again requests the Government to indicate the underlying causes for the low percentage of women employed in the public service (9.19 per cent in the top category) and the measures taken or envisaged to promote their access to a greater number of posts at all levels. Please also provide information on any follow-up to the recommendation to allocate a quota for women in the highest category of the public administration, and on the results achieved.

Gender equality. Private sector. In its previous comments, the Committee highlighted the existence of substantial occupational segregation between men and women in the labour market and in training. The Committee notes that, according to the statistics published in 2011 by the Central Statistical Office, the proportion of women in the active population was about 23 per cent in 2009, with women mainly employed in the services, financial intermediation and insurance sectors. These statistics also show that 43 per cent of women who work have a university diploma (compared with 20 per cent for men) and only 15 per cent have their own business or are self-employed. The Committee again requests the Government to indicate the measures taken to promote women’s participation in a wide range of occupations and training courses, including those traditionally reserved for men and offering better career opportunities, and to specify the results achieved. The Committee encourages the Government to conduct any survey that it considers useful with a view to identifying the causes of the low proportion of women in the active population and requests it to indicate any measures taken to reduce and eliminate obstacles to women’s employment.

Foreign domestic workers. In its previous comments, the Committee considered that the broad wording of clause 16(a) of the standard employment contract adopted in 2009 (termination of employment by the employer if the worker commits a deliberate mistake, is guilty of neglect, assault or threats, or harms the interests of the employer or any member of his or her family) and the adverse consequences for the worker exercising the right to terminate the contract under clauses 17(a) (non-payment of wages for three months) and 17(b) (violence, abuse or harassment by the employer), especially since termination always results in the foreign domestic worker having to leave the country. The Committee notes the Government’s indication that its concerns will be conveyed to the National Steering Committee and to the commission responsible for reviewing the legislation and working methods. It also notes that the study on access to the justice system for migrant domestic workers in Lebanon, which was conducted jointly by the ILO and the Caritas Lebanon Migrant Centre in 2014, recommends in particular that the standard employment contract be amended to reflect the provisions of the Domestic Workers Convention, 2011 (No. 189). The Committee again requests the Government to take steps to improve the protection of foreign domestic workers against discrimination based on the grounds specified by the Convention, particularly by amending the clauses of the standard employment contract and the means of redress in the event of violation of the contract. Please indicate whether it is envisaged to allow foreign domestic workers to change employers, especially in cases of abuse or discrimination.

Non-citizens. The Committee notes the statistics in the survey on employment for Palestinians published in 2014 by the ILO Regional Office for Arab States, according to which the economic activity rate for Palestinian refugees living in Lebanon is 42 per cent (15 per cent for Palestinian women) out of a total Palestinian refugee population of between 260,000 and 280,000 (90 per cent of whom were born in Lebanon). They are mainly employed in the commerce and construction sectors and their average earnings are well below the minimum wage. The Committee notes Decision No. 46/1 of 24 February 2011 concerning the occupations reserved for Lebanese nationals and those open equally to Palestinians and Lebanese. It also notes that the amendment to section 59 of the Labour Code in 2010 allows Palestinian refugees, on termination of their employment, to enjoy the rights conferred on Lebanese workers and to be exempted from the work permit tax. The Committee again requests the Government to indicate any measures taken to analyse the nature and extent of discriminatory employment practices against Palestinian refugees, and the measures taken to ensure their effective protection against discrimination based on the grounds specified by the Convention. The Government is also requested to specify the occupations to which refugees do not have access.

Enforcement. The Committee once again requests the Government to take steps to improve the capacity of the labour inspectorate to detect cases of discrimination in employment and occupation, and to raise awareness of the subject among magistrates, workers, employers and their organizations. The Government is also requested to make additional efforts to gather information on administrative or judicial decisions concerning cases relating to discrimination.

Repetition

Articles 1 and 2 of the Convention. Protection of workers against discrimination. For many years the Committee has been asking the Government, as part of the reform of the Labour Code, to introduce a definition and a general prohibition of direct and indirect discrimination based on the grounds set out in Article 1(1)(a) of the Convention, in all aspects of employment and occupation. The Labour Code currently in force only covers discrimination between men and women in certain aspects of employment (section 26) and does not provide effective protection against all forms of sexual harassment (quid pro quo and hostile environment sexual harassment). The only section of the Code that could be applied in cases of sexual harassment is a provision which authorizes employees to leave their jobs without notice when “the employer or his representative is guilty of molestation of the worker” (section 75(3)). The Committee notes the Government’s indication that its comments on sexual harassment will be forwarded to the commission responsible for reviewing the legislation and working methods. The Committee recalls that the implementation of a genuine national equality policy aimed at eliminating any discrimination in employment and occupation presupposes the adoption of a range of specific measures, which often consist of a combination of legislative and administrative measures, collective agreements, public policies, affirmative action measures, dispute resolution and enforcement mechanisms, specialized bodies, practical programmes and awareness raising (see General Survey on the fundamental Conventions, 2012, paragraph 848). The Committee requests the Government to take the necessary steps to ensure that the future Labour Code contains provisions defining and prohibiting direct and indirect discrimination on the basis of at least all the grounds set out in Article 1(1)(a) of the Convention in all aspects of employment and occupation, and also all forms of sexual harassment. The Government is requested to provide detailed information on any progress made with a view to adopting the Labour Code. The Committee also requests the Government to adopt specific measures to ensure in practice the protection of workers against discrimination on the basis of race, colour, sex, religion, political opinion, national extraction and social origin, and against sexual harassment in employment and occupation, including measures to raise awareness of these issues among workers, employers and their respective organizations, and also measures for training labour inspectors and strengthening their action in this respect.

Foreign domestic workers. Multiple discrimination. For a number of years the Committee has been following the measures taken by the Government to address the lack of legal protection for domestic workers, most of whom are female migrants, since these workers are excluded from the scope of the Labour Code and are particularly vulnerable to discrimination on the basis of sex and other grounds such as race, colour or ethnic origin. The Committee notes that a Practical Guide on the Rights and Duties of Migrant Domestic Workers in Lebanon was published in 2012 by the Ministry of Labour, in collaboration with the ILO, and that it can be accessed on the Internet. However, referring to its last observation under the Forced Labour Convention, 1930 (No. 29), the Committee notes that the situation of female migrant domestic workers, as described by the International Trade Union Confederation (ITUC), is particularly difficult, especially because they are tied to a particular employer under the sponsorship system, which places them in a situation of increased vulnerability. The Committee also notes the study on access to the justice system for migrant domestic workers in Lebanon, which was conducted jointly by the ILO and the Caritas Lebanon Migrant Centre in 2014. The study concludes that bringing domestic workers under the coverage of the labour legislation is essential in order to eliminate the “grey areas” in which numerous violations of their rights remain unpunished and in order to provide magistrates with a complete legal framework. One of the study’s recommendations is to improve the legislation and legal protection for migrant domestic workers, to reinforce the capacity of key players, including workers’ organizations, and to develop preventive mechanisms. The Committee notes that the Government refers in its report to the existence of a bill concerning the employment of domestic workers, as it has been doing for some time, without specifying its current content or the time frame for examination and adoption thereof. The Committee would emphasize once again that the bill provides an opportunity to make effective improvements to the protection of migrant domestic workers against any form of discrimination on the grounds specified in the Convention, including sexual harassment, and to regulate their working conditions by means of specific legislation establishing their rights and duties and also those of their employers. The Committee requests the Government to take the necessary measures, in collaboration with the social partners, to provide genuine protection in law and in practice for migrant domestic workers against direct and indirect discrimination based on all the grounds set out in the Convention in all aspects of their employment. The Committee also requests the Government to take steps to ensure that the bill concerning the employment of domestic workers is adopted in the near future and to supply information on all progress made in this respect.

Repetition

Sexual harassment. The Committee notes the Government’s statement that draft section 86(3) is still under discussion and that sexual harassment is adequately covered in the Penal Code. The Government indicates, however, that it will make an effort to ensure that the internal statutes of undertakings include a penalty for sexual harassment, define sexual harassment and identify the manner of raising awareness in this regard. The Committee recalls the importance of taking effective measures to prevent and prohibit all forms of work-related sexual harassment (severe as well as more subtle forms of sexual harassment) and draws the attention to the limited effect of penal law provisions, including those relating to burden of proof. The Committee notes the observations of the Association of Lebanese Industrialists supporting more comprehensive protection against sexual harassment in the national legislation, including in the Labour Law. The Committee urges the Government to make progress in adopting effective legal and practical measures aimed at preventing and prohibiting both quid pro quo as well as hostile environment sexual harassment as defined in its 2002 general observation. Please indicate the steps taken to ensure that sexual harassment in all its forms is addressed in the internal statutes of undertakings, including awareness raising.

Discrimination based on sex – Unjustified restrictions on women’s employment. The Committee notes the Government’s explanation that section 35 of the draft Labour Law specifies that:

• Women’s employment shall be prohibited in dangerous, exhausting tasks or in tasks which harm their biological condition of maternity and pregnancy, provided that they are fixed by virtue of a decree to be taken by the Council of Ministers, on the basis of a proposal by the Minister of Labour. Their employment shall also be prohibited, regardless of their age, underground, in any mine.

With regard to the employment of women in mines, the Committee refers to its 2009 direct request on the Underground Work (Women) Convention, 1935 (No. 45), and hopes that these will be taken into account in the final drafting of section 35. Noting that draft 86(3) still appears to broadly prohibit women’s employment in dangerous and exhausting tasks, the Committee urges the Government to make every effort to ensure that the final text of 86(3) only allows for employment restrictions on women that are strictly limited to maternity protection.

Discrimination based on religion in the civil service. The Committee notes that the rule of equal representation of religions for first category posts continues to be maintained, and notes the data provided by the Government on the number of first category employees of Christian and of Muslim faith. However, it regrets that again no data have been provided on the composition of the labour force in the other categories of the public service, disaggregated by sex and religion, following competitive exams pursuant to section 54 of Act No. 583 of 23 April 2008. The Civil Service Council states that the appointment of persons who pass the exams is left to the discretion of the body or institution in question and that it does not have data on those employed or those who succeeded in obtaining contracts subsequent to the exams. Recalling that collecting data on the composition of the civil service is essential for assessing any inequalities relating to access to all posts in the civil service and for an effective evaluation of the progress made in applying the Convention, the Committee urges the Government to make serious efforts to collect and provide comprehensive data, disaggregated by sex and religion, on the composition of men and women and their religions in all posts of the civil service. Please continue to provide information on any developments regarding the rule of equal representation of religions in top positions.

Equality between men and women – Civil service. The Committee notes the persisting low representation (9.19 per cent) of women in the highest category of the public administration, and notes from the Government’s report that the Council of Ministers recommended allocating a quota for women in the first category of the civil service. The Civil Service Council also reasserts that due to the principle of merit and competence in competitive exams, appointment or employment is being decided on the basis of the results of exams regardless of the sex of the competent candidate. While noting these explanations, the Committee recalls the overall low percentage of women employed in public administration, public institutions and municipalities. The Committee therefore asks the Government to indicate the underlying causes for the low percentage of women employed in the civil service and the measures taken or envisaged to promote their access in a wider range of posts. Please provide information on any follow up given to the recommendation to allocate a quota for women in the highest category of public administration, and the results achieved.

Equality between men and women – Private sector. The Committee notes the Government’s statement that there is no discrimination between men and women as all areas of work are open to all and depend on merit and competence. The Committee recalls the overall low participation of women in the private sector and their enrolment in training courses such as aesthetics, nursing and childcare, and administration, which are stereotypically “female” and which have fewer career prospects. The Committee points out that the Convention also covers situations where inequality is observed in the absence of a clearly identifiable author, including occupational gender segregation, and that these need to be addressed in the context of a national policy on equality required under Article 2 of the Convention. The Committee asks the Government to make every effort to provide statistical data, disaggregated by sex, as detailed as possible on the employment of men and women in the various economic sectors and occupations, and to indicate all measures taken to promote women’s participation in a wide range of occupations and training courses, including those traditionally reserved for men and offering better career opportunities.

Foreign domestic workers. The Committee notes the Government’s indications that the unified employment contract for foreign domestic workers is quasi obligatory and must be formulated according to the model adopted by the National Conciliation Committee. The Government states that there are over a 100,000 contracts, which is equal to the number of female migrants engaged in domestic work. The Committee notes that clauses 16(a) and (b) and 17(a)–(c) of the unified employment contract for foreign domestic workers cover termination of employment by the employer or the worker. It notes in particular clause 16(a) which allows the employer to terminate the contract if the worker “commits a deliberate mistake, neglect, assault or threat, or causes any damage to the interest of the employer or any member of his or her family”, and clause 17(a) and (b) which allows the foreign domestic worker to terminate the contract in the case of non-payment of wages for three consecutive months, or if the employer or a family member or any resident in the house “beats, assaults, sexually abuses or harasses the domestic worker after such has been established through medical reports given by a forensic physician and investigation records provided by the Judicial Police or Ministry of Labour”. The Committee is concerned that the broad wording in clause 16(a) regarding termination of employment by the employer and the onerous requirements in clause 17(a) on the worker wishing to terminate the contract in the cases of violence, abuse or harassment, severely limits the effective protection of workers against discrimination, including sexual harassment, and renders illusionary their possibility for effective redress, especially since termination always results in the foreign domestic worker having to leave the country. The Committee had previously noted that the permit of a foreign worker who has been exposed to aggression by the employer shall be retrieved. Foreign domestic workers suffering from discrimination and abuse may therefore refrain from bringing complaints and seeking redress out of fear of retaliation by the employer, including termination or non-renewal of the employment contract. The Committee notes that the complaints office set up by the Ministry of Labour received only six complaints, one of which was directly submitted by a domestic worker, four by non-governmental organizations and one by an embassy. Complaints related to non-payment of wages, prohibition of phone calls; non-application of the employment contract, and abuse and sexual harassment. No information has been provided regarding whether any cases have been submitted to the courts. The Committee asks the Government to take measures to improve the protection against discrimination of foreign domestic workers and their means of redress in cases of violations of the unified employment contract, and to indicate whether any consideration is being given to allowing flexibility for the foreign domestic worker to change employer especially in cases of abuse and discrimination. The Committee also asks the Government to indicate any measures taken to improve access of foreign domestic workers to legal remedies and speedy complaints procedures and continue to provide information on the number and nature of the complaints submitted by domestic workers for violations of the unified employment contract, Order No. 7/1 of 2003 and Order No. 13/1 of 2009 regarding employment agencies who bring in foreign domestic workers, and the outcomes achieved, as well as any cases addressed by the courts.

Non-citizens. The Committee recalls the high unemployment rate for male (9 per cent) and female (26 per cent) Palestinian refugees, and their vulnerability to inequalities and prejudices with respect to access to employment. The Committee notes the Government’s statement that the National Assembly inserted a paragraph into section 59 of the current Labour Law relating to Palestinian refugees, and that after promulgation of the Law the Government will provide available statistics on employment of Palestinian refugees. The Committee asks the Government to provide the text of the amendment to section 59 of the Labour Law and hopes that the requested statistics on the employment of non-citizens, disaggregated by sex and origin, and in particular Palestinian refugees, will be included in the Government’s next report. The Committee reiterates its request to the Government to indicate any measures taken to analyze the nature and extent of discriminatory employment practices against Palestinian refugees and the measures taken to ensure their effective protection against discrimination.

Enforcement. The Committee notes the absence in the Government’s report of specific information on training activities for the labour inspectorate relating to equality and non-discrimination, and that no decisions have been rendered on questions of principle relating to the application of the Convention. The Committee asks the Government to continue efforts to improve the capacity of the labour inspectorate to address discrimination in employment and occupation, and to report on any progress made. The Government is also requested to make additional efforts to gather information on administrative or judicial decisions to cases relating to discrimination.

Repetition

The Committee notes the observations of the Association of Industrialists, annexed to the Government’s report.

Legislative prohibition of discrimination in employment and occupation. For a number of years, the Committee has been encouraging the Government to take the opportunity in the context of revision of the Labour Code to introduce a comprehensive prohibition of direct and indirect discrimination in employment and occupation based on all the grounds set out in Article 1(1)(a) of the Convention. The Committee notes the Government’s statement that section 1 (definition of wage earner) of the draft Labour Law specifies “… without any discrimination whatsoever as to race, colour, sex, religion, national extraction, political opinion and social origin, which is likely to invalidate or weaken the application of the principle of equal opportunity or treatment in employment and occupation”. Draft section 35 (protection of women against discrimination) specifies that “… all legal provisions which regulate work without discrimination, or distinction in the same work shall apply to working women, with respect to wages, conditions of recruitment, promotion, and vocational training for the reasons mentioned in section 1 of this law ...”. The Committee must once again point out that the mere inclusion of a non-discrimination clause in the definition of “wage earner” does not offer effective protection against discrimination and falls short of prohibiting discrimination in employment and occupation as defined in the Convention. The Committee asks the Government to take the opportunity to insert a separate provision prohibiting direct and indirect discrimination based on at least all the grounds set out in Article 1(1)(a) of the Convention with respect to all aspects of employment and occupation. The Committee asks the Government to provide detailed information on any progress made in the adoption of the draft Labour Law.

Domestic workers. For a number of years, the Committee has been following the measures taken by the Government to address the lack of legal protection of domestic workers, many of whom are female migrants, due to concerns regarding potential discrimination against these workers on the basis of sex as well as other grounds such as race, colour or ethnic origin, contrary to the Convention. The Committee recalls that “domestic servants employed in private houses” are excluded from the scope of application of the Labour Code of 1946 (section 7(1)) and that contractual relations between domestic workers and private individuals employing them to perform domestic work in their residence are governed by the Law on obligations and contracts. The Committee had previously welcomed some measures taken by the Government to improve the employment situation of female migrant domestic workers, including the establishment of a National Steering Committee (2006), Decision No. 70/1 of 9 July 2003 and Decision No. 13/1 of 22 January 2009 relating to employment agencies for foreign domestic workers, and the publication of a standard contract of employment for foreign domestic workers in 2009.

The Committee notes that section 5(1) of the draft Labour Law continues to exclude “Servants and whoever is of a similar standing performing housework and living in the homes of their employers”, from its scope of application – which would in practice largely concern foreign domestic workers due to their contractual obligation to reside in the employer’s home. The Committee also notes that a comprehensive draft Law on the regulation of domestic workers is being discussed and considers this an opportunity to improve protection of domestic workers, nationals and non-nationals, against discrimination and to regulate their working conditions in their own right. The Committee notes in this regard the Government’s decision to wait for the outcome of the deliberations on the draft ILO instruments on domestic workers in June 2011 before continuing the examination of the draft law, with a view to bringing its national legislation into conformity with international standards. Noting the adoption of the Domestic Workers Convention, 2011 (No. 189), the Committee asks the Government to review the draft Law on the regulation of domestic workers, which it hopes will include a specific provision expressly prohibiting direct and indirect discrimination of domestic workers in all aspects of their work. Please provide information on any progress made in the adoption of the draft Law.

The Committee is raising other points in a request addressed directly to the Government.