Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

The Committee notes once again that the Government’s report does not respond to many of the points made in its previous comments nor does it contain information allowing the Committee to assess the progress made with respect to the application of the Convention. However, the Committee also notes the detailed information and statistics provided by the Government in its reports submitted to the Committee on the Elimination of Discrimination against Women (CEDAW/C/AGO/1-3, November 2002 and CEDAW/C/AGO/4-5, June 2004), which are also relevant to the application of Convention No. 111.

1. Article 1 of the Convention. Scope of application. For a number of years, the Committee has been requesting the Government to provide information on how men and women engaged in domestic work or casual work - who are excluded from the application of the General Labour Act No. 2/00 of 2000 (section 2) - are protected against discrimination as provided by the Convention. Noting that the great majority of women are steered into precarious jobs especially in the informal economy - jobs which often include casual and domestic work - the Committee recalls that the principles of Convention No. 111 apply to all workers. It urges the Government to provide such information in its next report.

2. Sexual harassment. The Committee notes that sexual harassment in the workplace has been increasing in both the informal and formal economy, but that very few cases are being reported and that a need exists to educate women on this issue (CEDAW/C/AGO/1-3, November 2002, page 16). In the absence of any information in the Government’s report on this point, the Committee recalls its 2002 general observation on the issue and requests the Government to indicate the specific measures taken or envisaged to prevent and prohibit sexual harassment in employment and occupation and to raise awareness about the issue in both the formal and informal economies.

3. Non-discrimination on the basis of political opinion. In the absence of any information in the Government’s report on this point, the Committee is bound to repeat its previous requests to the Government to indicate whether Decrees Nos. 2/95 and 3/95 of 24 March 1995, cited in its 1995 report, remain in force.

4. Article 2. Application of the national policy. The Committee notes that "working women are normally the most exposed to violation of labour legislation by the employers" due to their lack of knowledge of their rights and their vulnerable position in the labour market (CEDAW/C/AGO/4-5, June 2004, page 10). In light of these findings, the Committee reiterates its request to the Government to provide detailed information on: (i) the measures taken or contemplated to implement the non-discrimination and equality provisions in section 268 of the General Labour Act, including promotional activities, guidance provided in labour inspections and other enforcement officials and dissemination of information on the provisions of the General Labour Act of 2000 to workers and employers; and (ii) the enforcement, including any judicial decisions, of Decree No. 11/03 of 11 March 2003 penalizing discrimination of workers in the selection and evaluation process. Please include information on the application of these provisions with regard to the other prohibited grounds of discrimination covered by the Convention such as race, colour, religion, political opinion, national extraction and social origin.

5. Article 3(d). Access of women to the public service and the judiciary. The Committee notes that a significant gender imbalance exists in the judiciary where women represent only 8 per cent of the Supreme Court judges, 11 per cent of the law judges and 12 per cent of the public magistrates. Available data on the civil service indicate that the majority of female civil servants (75 per cent) belong to the administrative and assistance staff and that women only represent 7 per cent of the national directors and 11 per cent of heads of departments (CEDAW/C/AGO/4-5, June 2004, page 25). The Committee requests the Government to provide information in its next report on the measures taken to promote the employment of women at the higher levels in the public service and the judiciary, and the progress made in this regard.

6. Article 3(e). Equal access of women to vocational training and education. The Committee notes the very high illiteracy rates of the female economically active population (70 per cent) with illiteracy rates for rural women being as high as 90 per cent. It notes that one of the main reasons for poor-quality jobs held by women is the very low or non-existent level of schooling, and that rural women are particularly marginalized in the education system. Furthermore, vocational training for women is geared towards administration, secretarial work, sewing, garment making and cooking and, at the university level, women prefer to go into areas of teaching, economic and legal sciences, medicine, engineering and agrarian sciences, which, according to the report, reflects certain preconceptions regarding the professional options for women. Noting that equal access to education is an area of concern of the Strategy and Strategic Framework for the Promotion of Gender Equality by the Year 2005, the Committee asks the Government to send information on the effective measures taken to promote the access of girls in rural and urban areas to primary and secondary education establishments and to set up programmes to reduce the female illiteracy rate. Please also include information on the measures to enhance women’s participation in training institutions, including in non-traditional courses, through, for example, adult literacy programmes and out-of-school education for women, and flexible training schedules.

7. Article 5. Special measures. In light of its previous comments stressing the importance of childcare facilities to facilitate women’s access to employment, vocational training and improve their conditions of work, the Committee hopes that the Government will include information in its next reports on the measures taken to implement section 280 of the General Labour Act No. 2/00 of 2000 benefiting workers with family responsibilities. Please also indicate whether any initiative has been taken by the Government to review the list of jobs women are precluded from performing referred to in section 269(4) of the Act taking into account the Committee’s views expressed in previous comments regarding the need to periodically review protective legislation applying to women in light of equality of opportunity and treatment, and of current scientific knowledge and technology relevant to these jobs.

8. Labour inspection. For several years the Committee has asked the Government to provide detailed information on the activities of the labour inspectorate in ensuring the effective application of the provisions of the Convention. Taking into account its 2004 observation on the application by Angola of the Labour Inspection Convention, 1947 (No. 81), which noted the difficult economic situation in which the labour inspectorate has to operate, the Committee requests the Government to provide whatever information is available indicating the manner in which it is monitoring and ensuring compliance with the provisions of the Convention.