Observation (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

The Committee notes that the Government’s report contains no reply to its previous comments. It is therefore bound to repeat its previous observation, which read as follows:

The Committee notes the Government’s report and recalls the communication from the National Union of Angolan Workers (UNTA) dated 16 August 2007, which had been forwarded to the Government.

Discrimination in practice. The Committee notes that, although the Government has put in place legal provisions concerning discrimination in employment and occupation, including sections 3 and 268 of the General Labour Act No. 2/00, discrimination continues to occur in practice. In its report the Government states that violations of the non-discrimination provisions occur particularly in the private sector where imbalances in the participation in decision-making positions and a tendency to exclude women during and after maternity can be observed. The Government previously reported that gender-based discrimination also exists in the informal economy. As noted by the Committee previously, there is also a significant gender imbalance in the judiciary and as regards management positions in the civil service.

Further, the Committee notes that according to the UNTA a practice of fixing a maximum age of 35 years for recruitment has been observed. The Committee considers that such a practice is likely to be indirectly discriminatory against women as it may particularly affect women wishing to enter employment following an absence from the labour market for child rearing.

In its report, the Government states that it was difficult to measure the incidence of gender-based discrimination as women do not file petitions or complaints due to shortcomings in the “legal culture”. The Government also states that it has made efforts to raise awareness of legal matters, particularly among women, by expanding information and education programmes on women’s rights, using different national languages and various forms of communication. Efforts were also being made to address discriminatory cultural and traditional practices still prevailing in the country, which, for instance, lead to unequal access of girls to education. The Government, in a very general manner, also refers to the National Strategy and Strategic Framework to Promote Gender Equality and the Rural Growth and Development Programme which includes a programme for the economic empowerment of women. The report refers to the preparation and use of gender-disaggregated data, although such data has not been provided.

(i)    The Committee requests the Government to respond to the comments made by the UNTA. Concerned over the discriminatory effects of using age as a recruitment criteria, particularly on women, the Committee encourages the Government, in collaboration with workers’ and employers’ organizations, to take measures to ensure that women are not indirectly discriminated against in access to employment on the basis of age. Please provide information on the measures taken in this regard.

(ii)   The Committee encourages the Government to continue and intensify its efforts to raise awareness and understanding of the principle of non-discrimination and the related legislation among men and women, and requests the Government to indicate the specific activities carried out to this end. Given the reports of discrimination based on sex and pregnancy in the private sector, the Committee requests the Government to indicate the measures taken or envisaged to enhance the capacity of the labour inspectorate and other competent authorities to identify and address discrimination in employment and occupation. Please also provide information regarding whether the competent authorities have addressed any such cases, and if so, the results thereof.

(iii)  The Committee considers that the Government should take specific and proactive measures to promote and ensure equality of opportunity and treatment of women in the civil service, including the judiciary, and it asks the Government to indicate any measures taken or envisaged in this regard, including measures to ensure that women have access to management positions on an equal footing with men.

(iv)   Noting that the Government has yet to provide statistical information on the situation of men and women in the labour market, the Committee hopes that the Government will take the necessary measures to collect and provide such data with its next report. This information should, as far as possible, include data on the representation of men and women in the different industries and occupations, as well as indications as to the representation of women in decision-making positions. Please also indicate the share of men and women considered to work in the informal economy and the measures taken to ensure their access to training and employment opportunities, irrespective of sex, race, religion or other grounds.

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