Comments adopted by the CEACR: Timor-Leste

Repetition

The Committee notes the Government’s first report on the application of the Convention.

Article 1(b) of the Convention. Equal remuneration for men and women for work of equal value. Legislation. The Committee notes that section 38(1) of Law No. 4/2012 on Labour (Labour Law) provides that «all workers, without exception, are entitled to receive fair remuneration, which takes into account the quantity, nature and quality of the work rendered, and observing the principle of equal pay for work of equal value». It however notes that, section 2 of the Labour Law, excludes from its scope of application civil servants, members of the police and the armed forces as well as domestic workers, and limits its scope of application to formal employment relationships, thus excluding workers in the informal economy. In that regard, the Committee notes that (1) no provision ensuring equal remuneration between men and women for work of equal value is provided for in regulations applicable to members of the police and the armed forces, namely Decree-Law No. 9/2009 of 18 February on Organic Law of Timor-Leste’s National Police (PNTL), Law No. 3/2010 of 21 April on National Defense and Decree-Law No. 33/2020 of 2 September 2020 approving the new Statute for the Military of the FALINTIL - Defence Forces of Timor-Leste (F-FDTL); and that (2) while section 2(3) of the Labour Law which provides that «domestic work is regulated by special legislation» no such legislation has been adopted to date. It however notes that, as a result of a campaign undertaken by the Working Women’s Centre, which was created in 2011 to support and improve working conditions for domestic workers acting as a collecting voice, a draft Domestic Workers’ Bill has been elaborated and submitted to the National Parliament. As regards civil servants, the Committee notes that section 8 of Law No. 8/2004 approving the Statute of the Public Service provides that civil servants shall earn «the same salary for the same work». In that regard the Committee recalls that the concept of “work of equal value” includes, but goes beyond, equal remuneration for “equal”, “the same” or “similar” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value. It also wishes to emphasize that the principle of the Convention applies to all workers, both nationals and non-nationals, in all sectors of activity, in the public and the private sectors, and in the formal and informal economy, although it acknowledges that for the latter application, in both law and practice, remains a challenge (see General survey on the fundamental Conventions, 2012, paragraphs 658,665, 673). The Committee asks the Government to provide information on any measures taken or envisaged to ensure that the principle of equal remuneration for men and women for work of equal value applies to all workers, in particular (i) civil servants, (ii) members of the police and the armed forces, (iii) domestic workers and informal economy workers. It also asks the Government to provide information on the application of section 38(1) of the Labour Law in practice, in particular on any decision or regulation defining or interpreting the principle of the Convention.

Article 2. Promotion of gender equality and women’s economic empowerment. The Committee notes that, in its 2018 report under the national-level review of implementation of the Beijing Declaration (Beijing +25 national report), the Government indicates that the Secretariat of State for Equality and Inclusion (SEII) has been working in partnership with non-governmental organizations and civil society groups in the development and implementation of programmes to encourage greater participation of women in the formal economy. The Government however acknowledges that: (1) traditional social norms and cultural values are still influencing men and women’s roles and (2) significant barriers to the attainment of gender equality and women’s economic empowerment persist, among which the low level of labour force participation rate for women and their concentration in the informal sector, in particular in rural areas, making women particularly vulnerable to extreme poverty (pp. 5, 17 and 20). In that regard, the Committee notes, from the 2020 Global Gender Gap Report of the World Economic Forum (WEF), that the labour force participation of women is estimated at 25.6 per cent compared to 53.6 per cent for men. It further notes that, in its 2018–2023 Strategic Plan, the Secretariat of State for Equality and Inclusion (SEII), which is responsible for gender equality issues and inclusion, identified as one of the country specific objectives to empower and promote effective participation of women in the economic development of Timor-Leste. The Committee asks the Government to provide information on the measures taken, in particular in the framework of the 2018-2023 Strategic Plan of the SEII: (i) to address gender stereotypes regarding women’s aspirations and roles in the family and society; and (ii) to enhance women’s access to formal jobs with career prospects and higher pay, in particular in rural areas. Noting that the ILO Decent Work Country Programme for 2016-2020 provides that a Labour Force Survey would be carried out with the technical support of the ILO in order to collect reliable sex-disaggregated employment data, the Committee asks the Government to provide any available statistical information on the earnings of men and women in all sectors and occupations of the economy.

Article 2(2). Determination of minimum wages. The Committee notes that (1) section 38(2) of the Labour Law provides that workers’ pay shall not be inferior to the statutory rate of pay or the rate of the respective categories defined in collective agreements; and (2) section 100 of the Labour Law provides that the tripartite National Labour Council shall propose the amount of the national minimum wage. It notes the Government’s statement that the minimum wage is determined by the National Labour Council on the basis of the principle of promotion of decent work and equal remuneration. The Committee notes the Government’s indication that the monthly minimum wage rate is currently set at USD115. As regards determination of minimum wage rates by collective agreements, the Committee notes that the ILO Decent Work Country Programme for 2016-2020 highlights the need to promote collective bargaining and provides, to this end, for a specific outcome of strengthening the professional and technical capacities of employers’ and workers’ organizations (outcome 3.2). The Committee asks the Government to provide information on: (i) the activities of the National Labour Council with regard to ensuring that the determination of the statutory minimum wage and wage-fixing methods used to that end are free from gender bias; (ii) any activities undertaken to raise the awareness of its tripartite members on the principle of the Convention; (iii) the number of collective agreements with provisions affirming the principle of the Convention which have been concluded, as well as, if any, relevant extracts of collective agreements; and (v) the percentage of women and men who are paid the minimum wage rates.

Article 3. Objective job evaluation. The Committee notes that section 6(5) of the Labour Law provides that «pay differentials do not constitute discrimination when they are based on objective criteria that may be applied to both men and women, such as, for example, merit, productivity, regular attendance and length of service considerations». It further notes that section 38(1) of the Labour Law provides that all workers, without exception are entitled to receive fair remuneration, which takes into account the quantity, nature and quality of the work rendered, observing the principle of equal pay for work of equal value. The Committee notes that, pursuant to section 39 of the Labour Law, (1) workers may receive fixed as well as variable remuneration, which would be paid to the worker in accordance with his or her «performance or productivity»; and (2) extraordinary benefits awarded by the employer are not considered as being part of remuneration. The Committee notes the Government’s statement that an initial discussion was held by the National Institute of Labour Development on the development of a framework regulation to determine remuneration on the basis of skills certification. The Committee recalls that effective implementation of the principle of the Convention requires the use of a job evaluation method in order to measure and compare 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. It further recalls the difference that exists between performance appraisal, which aims to evaluate the way in which a worker performs his or her duties, and objective job evaluation, which seeks to measure the relative value of jobs with varying content on the basis of the tasks to be accomplished. Objective job evaluation is concerned with evaluating the job, not the individual worker. While criteria such as quality and quantity of work may be used to determine the level of earnings, the use of only these criteria is likely to have the effect of impeding an objective evaluation of the work performed by men and women on the basis of a wider range of criteria which are free from gender bias, such as skills and qualifications, effort, responsibilities and working conditions (see 2012 General Survey, paragraphs 695–696). Finally, the Committee wishes to recall that Article 1(a) of the Convention states that, the term ‘remuneration’ includes the ordinary, basic or minimum wage or salary and ‘any additional emoluments whatsoever’ payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker's employment. The use of “any additional emoluments whatsoever” requires that all elements that a worker may receive for his or her work are taken into account in the comparison of remuneration. Such additional components are often of considerable value and need to be included in the calculation, otherwise much of what can be given a monetary value arising out of the job would not be captured (see the 2012 General Survey , paragraphs 686–687 and 690–691).  The Committee asks the Government to provide information on: (i) the application of sections 6(5) and 38(1) of the Labour Law in practice, by indicating the steps taken to promote, develop and implement practical approaches and methods for the objective evaluation of jobs based on criteria that are free from gender bias (such as qualifications and skills, effort, responsibilities and conditions of work); (ii) the manner in which it is ensured that the principle of the Convention is applied with respect to any variable remuneration or extraordinary benefit awarded by the employer, as provided for in section 39 of the Labour Law; and (iii) any progress made with regard to the development of a framework regulation to determine remuneration on the basis of skills certification.

Articles 2 and 3. Public service and members of the police and the armed forces. The Committee notes that section 66 of Law No. 8/2004 approving the Statute of the Public Service provides that salary shall be defined by the Government which also approves the organization of pay scales for the different careers. It further notes that section 42 of Decree-Law No. 9/2009 of 18 February on Organic Law of Timor-Leste’s National Police and section 58 of Law No 3/2010 on National Defense provide that pay scales for members of the police and the armed forces shall be regulated by specific regulations. Furthermore, section 34 of Decree-Law No. 33/2020 of 2 September 2020 approving the new Statute for the Military of the FALINTIL - Defense Forces of Timor-Leste provides that members of the military are entitled to receive remuneration depending on the form of service, position, length of service and tasks performed, under the terms set out in a specific diploma. The Committee asks the Government to provide information on the application of section 66 of Law No.8/2004, section 42 of Decree-Law No. 9/2009, section 58 of Law No 3/2010 and section 34 of Decree-Law No. 33/2020 in practice, including: (i) any post classifications and pay scales fixing minimum and maximum salary implemented in the public service, the police and the armed forces; (ii) any methods used for determining or revising post classifications and consequently pay scales, as well as (iii) any statistical information on the number of civil servants, and members of the police and the armed forces, disaggregated by sex, occupational category and position, and average level of remuneration for each category of posts.

Article 4. Cooperation with employers’ and workers’ organizations. The Committee notes that section 100 of the Labour Law provides that the tripartite National Council of Labour shall be consulted on draft polices and legislation on labour relations. It further notes the Government’s statement that regular meetings are held within the National Council of Labour. The Committee notes that the ILO Decent Work Country Programme sets as a specific outcome the strengthening of employers’ and workers’ organizations’ capacities to ensure effective engagement of tripartite constituents in social dialogue to apply labour regulations and international labour standards (outcome 3.3). The Committee asks the Government to provide information on any cooperation undertaken with employers’ and workers’ organizations for the purpose of giving effect to the provisions of the Convention, in particular in the framework of the National Council of Labour.

Awareness-raising and enforcement. The Committee notes the Government’s indication that regular workshops on dissemination of the Labour Law and the Convention were carried out for workers, employers and local authorities, focusing on the promotion of decent work and equal remuneration for men and women. It further notes the Government’s statement that there have been no significant cases being reported on unequal pay. Referring to its comments on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Committee recalls that, where no cases or complaints are being lodged, this may indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals. The Committee asks the Government: (i) to step up its efforts to raise public awareness on the provisions of the Convention, as well as on the procedures and remedies available, and to provide information on any activities undertaken to this end; and (ii) to provide information on any cases or complaints concerning unequal remuneration detected by or reported to labour inspectors, the Mediation and Conciliation Services, the Provedoria for Human Rights and Justice, the sucos and the courts or any other competent authorities, as well as any decision issued in this regard.

Repetition

The Committee notes the Government’s first report on the application of the Convention.

Article 1 of the Convention. Legislative protection against discrimination. Scope of application. The Committee notes that article 16(2) of the Constitution of 2002 provides that no one shall be discriminated against on grounds of colour, race, marital status, gender, ethnic origin, language, social or economic status, political or ideological convictions, religion, education and physical or mental condition; and article 17 provides that women and men shall have the same rights and duties in all areas of family, political, economic, social and cultural life. It further notes that section 6 of the Law No. 4/2012 on Labour (Labour Law) provides that: (1) all workers, men and women, have the right to equal opportunities and treatment in access to employment, vocational training and professional development, working conditions and remuneration, and (2) no worker or job applicant shall, directly or indirectly, be favoured, disadvantaged, deprived of any right or dismissed on the grounds of colour, race, marital status, gender, nationality, ethnic ancestry or origin, social or economic status, political or ideological beliefs, religion, education, physical or mental condition, age or state of health. As regards the grounds of discrimination set out in Article 1(1)(a) of the Convention, the Committee observes that the Constitution and the Labour Law do not refer to the grounds of “social origin” and “national extraction”. It however observes that both cover the ground of “social origin” and “ethnic origin”, and that the Labour Law also refers to “nationality”. In that regard, the Committee recalls that the concept of “national extraction” covers distinctions made on the basis of a person’s place of birth, ancestry or foreign origin. Discrimination based on national extraction may be directed against persons who are national of the country in question, but who have acquired their citizenship by naturalization or who are descendants of foreign immigrants, or persons belonging to groups of different national extraction living in the same State (see General Survey of 2012 on the fundamental Conventions paragraph 764). In light of the absence of a definition of “social status” and “ethnic ancestry or origin” in the legislation, the Committee asks the Government to provide information on the interpretation of such grounds of discrimination in practice in order to be able to assess whether the grounds of “social origin” and “national extraction” set out in Article 1(1)(a) of the Convention are covered by articles 16(2) and 17 of the Constitution and section 6 of the Labour Law. To that end, it asks the Government to provide copies of any administrative or judicial decisions interpreting the meaning of the grounds of “social status” and “ethnic ancestry or origin”.

Police and armed forces. The Committee notes that members of the police and the armed forces are excluded from the scope of application of the Labour Law pursuant to section 2(2). It further notes that Decree-Law No. 9/2009 of 18 February on Organic Law of Timor-Leste’s National Police (PNTL) does not protect members of the police against discrimination. As regards members of the armed forces, the Committee notes that section 58(4) of Law No. 3/2010 of 21 April on National Defense, and section 32 of Decree-Law No. 33/2020 of 2 September approving the new Statute for the Military of the FALINTIL – Defence Forces of Timor-Leste (F-FDTL), provides that members of the military enjoy all the rights, freedoms and guarantees recognized to the other citizens and cannot be prejudiced or privileged in their career on the grounds of ancestry, gender, race, territory of origin, religion, political or ideological beliefs, economic situation or social condition. The Committee observes that such provisions do not protect members of the armed forces from discrimination on the grounds of colour and national extraction. The Committee asks the Government to provide information on the measures taken or envisaged, both in law and practice, to protect: (i) members of the police against discrimination on all the grounds set out in Article 1(1) of the Convention, and (ii) members of the armed forces against direct or indirect discrimination on the grounds of colour and national extraction, in all aspects of employment and occupation, access to vocational training, access to employment and to particular occupations, and terms and conditions of employment.

Domestic workers. The Committee notes that domestic workers are excluded from the scope of application of the Labour Law pursuant to its section 2(3). It also notes that, as a result of a campaign undertaken by the Working Women’s Centre, which aims at supporting and improving working conditions for domestic workers acting as a collective voice, a draft Domestic Workers’ Bill has been developed and submitted to the National Parliament. The Committee observes that, to date, no specific regulation has been adopted to regulate domestic workers’ situation. It further notes that, according to the 2013 Labour Survey, around 90 per cent of domestic workers, mostly women, were in the informal economy. In this regard, the Committee notes that, in April and May 2020, the United Nations (UN) Secretary-General, as well as UN Women highlighted that, as a result of the COVID-19 crisis, domestic workers in the informal economy in Timor Leste lost their income with no way of supporting their family. The Committee observes that the Labour Law only applies to formal employment relationships, thus excluding workers in the informal economy from its scope of application. While it acknowledges that the informal economy gives rise to particular issues of application, both in law and in practice, the Committee wishes to point out that the principle of the Convention applies to all workers, including domestic workers and workers in the informal economy, who should enjoy equality of opportunity and treatment on the grounds of the Convention in all aspects of employment and occupation (see 2012 General Survey on the fundamental Conventions, paragraph 665). The Committee asks the Government to provide information : (i) on the current status of the Domestic Workers’ Bill; and (ii) on the measures taken, in law and in practice, to ensure that domestic workers and workers in the informal economy, who are particularly vulnerable to discrimination, enjoy equal opportunities and treatment and are protected against discrimination on all the grounds set out in Article 1(1) of the Convention, in respect of all aspects of employment and occupation.

Article 1(1)(a). Discrimination based on sex. Sexual Harassment. The Committee notes that section 4 of Law No. 7/2010 against Domestic Violence provides that “any individual, irrespective of his or her origin, nationality, social status, sex, ethnicity, language, age, religion, disability, political or ideological beliefs, culture and educational level shall enjoy the fundamental rights inherent to the dignity of the human person, and shall be guaranteed equality of opportunities to live free of violence, including the right to preserve his or her physical and mental integrity.” It further notes that section 7 of the Labour Law prohibits both quid pro quo and hostile working environment sexual harassment against workers and job applicants. With regard to public servants, the Committee notes that the Public Service Commission included similar provisions in its Guideline No. 12/2017 on Preventing and Combating Sexual Harassment in the Public Service, acknowledging that sexual harassment is a form of discrimination. The Committee observes that the Guideline highlights that women are more often victims of sexual harassment due to the social discrimination they suffer and their powerless position in society. In this regard, it takes note of the adoption of the National Action Plan against Gender-Based Violence for 2017–2021 which acknowledges that gender-based violence, including sexual harassment is a pervasive problem in Timor Leste and that alarming trends have been identified regarding social acceptance of gender-based violence, in particular due to unequal gender power dynamics. The Committee notes that the first component of the National Action Plan provides for specific actions to be implemented by the Government in order to prevent gender-based violence, by addressing its root causes, such as gender inequality and discrimination, including by: (1) increasing the knowledge on gender equality and gender-based violence; (2) transforming attitudes, practices, norms and behaviors that support, tolerate or accept gender inequality and gender-based violence; and (3) supporting a gender-based violence awareness approach to women’s participation in economic development, recognizing that being in a higher economic position can also put women at more risk of violence. In this regard the Committee notes that: (1) section 7(4) of the Labour Law also provides that employers shall put in place all necessary measures to prevent harassment, especially sexual harassment, from occurring in the workplace; and that (2) Guideline No. 12/2017 provides that public ministries and agencies have a duty to prevent and raise awareness of civil servants on sexual harassment. Recalling that sexual harassment is a serious form of sex discrimination, the Committee asks the Government to provide information: (i) on any specific measures envisaged or implemented to prevent and address all forms of sexual harassment in education and employment and occupation, both in the public and private sectors, in particular in the framework of section 7(4) of the Labour Law and the Guideline No. 12/2017 on preventing and addressing sexual harassment in the public service; (ii) on the specific measures implemented in the framework of the National Action Plan against Gender-Based Violence for 2017–2021, in particular to fight against social acceptance and raise awareness of gender-based violence, including in collaboration with workers, employers and their respective organizations; and (iii) on any complaint or case of sexual harassment dealt with by the competent authorities.

Article 1(2). Inherent job requirements. The Committee notes that section 6(3) of the Labour Law provides that “any differentiation, exclusion or preference based on qualifications that are required to access or perform a certain task do not constitute discrimination”. The Committee asks the Government to provide information on the application of section 6(3) of the Labour Law in practice, including by providing concrete examples of cases where it has been considered that a differentiation, exclusion or preference based on qualifications required to access or perform a certain task did not constitute discrimination.

Articles 2 and 3. National policy to promote equality of opportunity and treatment. The Committee notes the Government’s statement that no national equality policy has been adopted at national level yet. The Government adds that regular meetings are conducted through the tripartite National Council of Labour to discuss labour issues including discrimination in employment and occupation. The Committee recalls that the primary obligation of ratifying States is to declare and pursue a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation, with a view to eliminating any discrimination in respect thereof (Article 2). In moving towards this objective, appropriate measures should be adopted in line with the underlying principles enumerated in Article 3 of the Convention (see 2012 General Survey, paragraph 841). The Committee asks the Government to provide information on : (i) any measures taken or envisaged to formulate and implement, in collaboration with employers’ and workers’ organizations, a national policy to promote equality of opportunity and treatment for all categories of workers, in all aspects of employment and occupation and in respect of all the grounds set out in Article 1(1)(a) of the Convention (race, sex, colour, religion, political opinion, national extraction and social origin); and (ii) on the specific activities related to the elimination of discrimination and the promotion of equality of treatment in employment and occupation, undertaken in collaboration with employers’ and workers’ organizations, in particular within the framework of the National Council of Labour.

Equality of opportunity and treatment for men and women. The Committee notes the Government’s indication that, according to the Labour Force Survey conducted in 2013, the labour force participation rate was estimated at 31 per cent, while informal employment was estimated at 72 per cent. The Committee notes, from the 2020 Global Gender Gap Report of the World Economic Forum (WEF), that the labour force participation rates of women are still very low; as they are estimated at 25.6 per cent compared to 53.6 per cent for men. It further notes, from the 2018 Government’s report under the national-level review of implementation of the Beijing Declaration (Beijing+25 national report), that significant barriers still exist for women’s access to employment in a cultural environment dominated by men with: (1) women being mostly represented in the informal economy, in particular in rural areas; (2) the role of women being more concentrated in domestic affairs, commerce and business, financial matters, education, healthcare and other social issues; and (3) women being tasked with the responsibility of caring for children and elderly relatives which undermines their chance of participating in the formal labour market (pages 5, 39, 42 and 52). The Committee however notes that, the Secretariat of State for Equality and Inclusion (SEII), which is responsible for gender equality issues and inclusion, identified in the 2018–2023 Strategic Plan the following specific objectives: (1) to reinforce the gender mainstreaming strategy in all government policies, laws, programmes, plans, and budgets as well as to continue strengthening gender equality advocacy in the community level; (2) to empower and promote effective participation of women in the economic development of Timor-Leste; and (3) to increase the participation of women in politics and in decision-making at national and local levels. It further notes that the National Action Plan on Gender-Based Violence for 2017–2021 sets as a specific measure the promotion of gender equality at a legal and policy level, including by the development of “a comprehensive law on gender equality”. The Committee asks the Government to provide information on the measures taken, including in the framework of the 2018–2023 Strategic Plan of the SEII and the National Action Plan on Gender-Based Violence for 2017–2021, to improve equality of opportunity and treatment between men and women in employment and occupation by effectively combating gender stereotypes and enhancing women’s economic empowerment and access to decision-making positions, especially in rural areas. Noting that the ILO Decent Work Country Programme for 2016–2020 provides that a Labour Force Survey would be carried out with the technical support of the ILO in order to collect reliable sex-disaggregated employment data, the Committee asks the Government to provide any available statistical information on the participation of men and women in employment and occupation, disaggregated by occupational categories and positions, both in the public and private sectors, as well as in the informal economy.

Access to education and vocational training. The Committee notes that article 59(2) of the Constitution provides that everyone has the right to equal opportunities for education and vocational training. It further notes that section 6(1) of the Labour Law provides that all workers, men and women, have the right to equal opportunities and treatment in access to vocational training and professional development. The Committee further notes the Government’s statement that the Technical and Vocational Education Authority, operating under the authority of the Ministry of Education, promotes training programmes and selects candidates on the basis of non-discriminatory principles. In that regard, it notes that the Government refers to the Technical and Vocational Education and Training Plan for 2011–2030 and the National Employment Strategy for 2017–2030, which aim to strengthen training centres and higher education and promote gender equality. The Committee notes, from the WEF 2020 Global Gender Gap Report, that the literacy rate of women is estimated at 64.2 per cent, compared to 71.9 per cent for men. The Committee asks the Government to: (i) provide information on the measures taken, including within the framework of the Technical and Vocational Education and Training Plan 2011–2030 and the National Employment Strategy 2017–2030, to enhance girls’ and women’s literacy rate and access to higher education and vocational training, in particular in rural areas; and (ii) provide statistical information on the participation of men and women in education and vocational training, in particular in the programmes of the Technical and Vocational Education Authority.

Public service. The Committee notes that section 8(1) of Law No. 8/2004 approving the Statute of the Public Service, as amended by Law No. 5/2009, provides that “selection and recruitment of civil servants and agents of the public administration shall result from a public competition which shall evaluate the qualifications, experience and professional competence of candidates on a non-discriminatory basis”. The Committee observes that this provision: (1) does not enumerate specific grounds of discrimination although section 8 specifically deals with gender equality; (2) only refers to recruitment; and (3) does not make reference to direct and indirect discrimination. It notes the Government’s statement that all recruitment processes are open and that no irregularities have been reported in this regard. The Committee further notes, from the Beijing+25 National Report that, in 2018, women’s representation in the public sector was estimated at 35 per cent, and only 21 per cent of decision-making positions in the public service were held by women. The Committee asks the Government to provide information on the measures taken or envisaged to: (i) ensure that civil servants and agents of public administration are protected, both in law and in practice, against direct and indirect discrimination, not only on the ground of sex but also on, at least, all the grounds enumerated in Article 1(1)(a) of the Convention in all aspects of employment and occupation; and (ii) enhance equality of opportunity and treatment between men and women workers in the public service, as well as women’s access to decision-making positions.

General observation of 2018. The Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Article 5(2). Affirmative action measures. The Committee notes that section 6(4) of the Labour Law provides that “temporary measures that are clearly defined, provided for by law, and designed to benefit certain groups that are disadvantaged by virtue of their gender, reduced work capacity or disability, so that they may fully enjoy the rights enshrined in this Law on an equal footing shall not be considered to be discriminatory measures”. The Committee asks the Government to: (i) provide information on the application of section 6(4) of the Labour Law in practice, identifying any affirmative action measures developed or envisaged to ensure equality of opportunity and treatment in employment and occupation for groups of workers that are disadvantaged by virtue of their gender, reduced work capacity or disability; and (ii) indicate how it is ensured that any envisaged affirmative action measures would be adopted after consultation with employers’ and workers’ organizations, pursuant to Article 5(2) of the Convention.

Awareness-raising and enforcement. The Committee notes the Government’s statement that the authorities in charge of preventing, disseminating information and sanctioning in case of discrimination are the police, the Labour Inspection, the Provedoria for Human Rights and Justice (Ombudsperson Office) and the courts. The Government adds that information on the Labour Law as well as on the Convention is regularly disseminated through education and information measures. The Committee notes that section 97 of the Labour Law provides that individual labour disputes shall necessarily be submitted to conciliation and mediation before any recourse to courts, except contract termination on grounds of just cause. With respect to Labour Inspection, it notes that the ILO Decent Work Country Programme acknowledges that its capacity is very limited and that specific targets are set to conduct training for labour inspectors. The Committee further notes that Law No. 9/2016 on Suco recognizes that sucos, defined in sections 3 and 4 as public associations “created on the basis of historical, cultural and traditional circumstances, whose members are connected by family or traditional links, in a given space”, are able to promote the resolution of conflicts that arise at hamlet (aldeia) or village (suco) level “in accordance with the traditions and practices of the community and the respect for the principle of equality” (section 6(a)). In this regard, it notes that, in its Beijing+25 national report, the Government acknowledges that access to justice remains a challenge for the majority of the population, mainly as a result of: (1) the low number of courts which in practice means that geographic access is extremely difficult for most people; (2) the backlog of thousands of cases; and (3) the coexistence of a customary justice system and a formal justice system. In some communities, interpretation of women’s rights and gender equality is seen as confronting traditional customs inherited by ancestors, where women are still seen as guests, limiting their ability to exercise their rights (pages 18, 19, 36 and 46). The Committee notes the Government’s indication that no information is available yet on any case of discrimination in employment and occupation. The Committee asks the Government to provide information on: (i) any activities undertaken to raise public awareness of the relevant legislative provisions and the procedures and remedies available related to the principles of the Convention, (ii) any activities undertaken in this regard, in particular at community level, (iii)any training activities carried out to strengthen the capacities of labour inspectors regarding discrimination in employment and occupation, in particular as a result of the ILO Decent Work Country Programme, and (iv) any cases of discrimination in employment and occupation addressed by the competent authorities, including labour inspectors, the Mediation and Conciliation Services and the Provedoria for Human Rights and Justice.