Demande directe (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

The Committee notes the communication from the National Union of Angolan Workers (UNTA), dated 16 August 2007, on the application of the Convention. The Committee notes that this communication deals with age restrictions on access to certain public sector jobs, inequalities in conditions of work for foreigners and nationals, and sections 269 and 284 of the General Labour Act No. 2/00 of 2000 on protective measures with regard to minors and women. The Committee will examine the abovementioned points together with any reply from the Government at its next session.

1. Article 1 of the Convention. Scope of application. In its previous comments, the Committee noted that men and women engaged in domestic or casual work were excluded from the scope of application of the General Labour Act No. 2/00 of 2000 (section 2). The Committee also emphasized that these workers are often women who are steered into precarious jobs, especially in the informal economy. The Committee notes from the Government’s report that gender-based discrimination may exist in practice in the informal sector. The Committee notes with interest that provisions are being drafted to protect domestic and casual workers. The Committee hopes that these new provisions will protect these workers against discrimination in access to employment and training on all the grounds listed in the Convention and requests the Government to send a copy of the provisions.

2. Sexual harassment. The Committee recalls that sexual harassment in the workplace is on the increase in both the informal and formal economies, but that very few cases are reported and a need exists to educate women on this issue (CEDAW/C/AGO/1-3, November 2002, page 20). The Committee notes that the Government has not supplied any information on this point. The Committee requests the Government once again to provide information on specific measures taken or envisaged to prevent and prohibit sexual harassment in employment and occupation.

3. Non-discrimination on the basis of political opinions. The Committee notes the Government’s statement that the principle of non-discrimination on the basis of political opinion is guaranteed by article 18 of the Constitution concerning the equality of citizens before the law without distinction of religion or ideology and by article 32 of the Constitution concerning freedom of expression. The Committee also notes that article 4 of the Constitution authorizes the existence of political parties. The Committee considers that the introduction of explicit protection against discrimination on the basis of political opinion would result in better application of the Convention. The Committee requests the Government to supply information on the possibility of incorporating this protection into the legislation and to send information on how it guarantees in practice equal access to employment and training without distinction in respect of political opinion. Noting that the Government does not supply any information on the application of the principle of the Convention to the other grounds for discrimination prohibited under the Convention, namely race, colour, religion, national extraction or social origin, the Committee requests the Government to supply information in this respect.

4. Article 2. National policy. In its previous comments, the Committee noted that working women are normally the most exposed to violation of labour legislation by the employers because of their lack of knowledge of their rights and their vulnerable position in the labour market (CEDAW/C/AGO/4-5, June 2004, page 12). The Committee also notes that the lack of information on violations of Decree 11/03 of 11 March 2003 does not necessarily imply that no discrimination exists with regard to access to employment and training and might, among other things, be evidence of a lack of knowledge of the basic principle of the Convention and of a lack of effective remedies for dealing with complaints. In view of this finding, the Committee again requests the Government to supply information on the measures intended to improve knowledge and understanding of the principle of the Convention on the part of workers and employers. The Committee requests the Government once again to supply detailed information on the measures taken or envisaged to guarantee and enforce the provisions of section 268 of the General Labour Act concerning non-discrimination and equality and of Decree 11/03 prohibiting discrimination against workers in the selection and evaluation process.

5. Article 3(d). Access of women to the public service and the judiciary. In its previous comments, the Committee noted that a significant gender imbalance exists in the judiciary. The Committee also noted that the majority of female civil servants (75 per cent) belong to the administrative and auxiliary staff, and that they account for a very low proportion of national directors and heads of department. The Committee notes from the Government’s report that the principle of equal access to the public service is guaranteed through the selection of candidates by public competition. The Committee notes that the existence of a public competition does not rule out the possibility of discrimination with respect to it. The Committee reminds the Government that discrimination towards women can exist when the public authority administers unequal treatment to individuals or members of the same group who are entitled to the same rights or advantages (General Survey, 1998, page 24). In view of the above, the Committee requests the Government to include information in its next report on the measures taken to guarantee the effective application of the principle of the Convention in the public service and the judiciary, including measures intended to promote the access of women to posts at higher management and director level, and the results achieved in this regard.

6. Article 3(e). Equal access of women to vocational training and education. Noting that the Government does not supply any information on the access of girls and women to vocational training and education, the Committee requests the Government once again to provide information on the following: (a) the effective measures taken to promote the access of girls in rural and urban areas to primary education; (b) the measures taken to set up programmes to reduce the female illiteracy rate; and (c) the measures aiming 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 protective measures for women. The Committee notes that the Government does not supply any information on the revision of the list of jobs which are prohibited for women, drawn up pursuant to section 269(4) of the General Labour Act of 2000 concerning workers with family responsibilities. The Committee reminds the Government that protective measures with regard to women based on stereotypical perceptions of their abilities and their role in society violate the principle of equality of opportunity and treatment. The Committee requests the Government to take the necessary steps to ensure that protective measures for women are strictly limited to maternity protection, and request the Government to keep it informed of progress made in this field.

8. Application of the principle of the Convention. In its previous comments, the Committee noted the difficult economic situation in which the Labour Inspectorate was obliged to function (2004 observation, Labour Inspection Convention, 1947 (No. 81)). The Committee notes that the Government does not supply any information in its report on the application of the principle of the Convention. While remaining aware of the difficulties encountered by the Labour Inspectorate and the public authorities with regard to the effective application of the principle of the Convention, the Committee requests the Government to do its utmost to guarantee the effective application of the principles of the Convention. The Committee requests the Government to supply information on the measures taken to reinforce observance of the principle of equal access to employment and training, including on the activities of the Labour Inspectorate to promote equality in employment and training and on any court decisions issued in this respect.

9. Part V of the report form. Statistics. The Committee notes that statistics on the public service, disaggregated by sex, are still not available. The Committee hopes that the Government will be able to send all available statistical information in its next report.