Demande directe (CEACR) - adoptée 2016, publiée 106ème session CIT (2017)

Repetition

Article 1(1)(a) of the Convention. Prohibition of discrimination. The Committee recalls that article 35 of the Constitution of 2003 provides that “Lao Citizens are equal before the law, irrespective of their gender, social status, education, beliefs and ethnic group”, and article 8 provides that all acts creating division and discrimination against ethnic groups are prohibited. The Committee notes the Government’s indication that “belief” in article 35 of the Constitution includes religion, but does not include political opinion. The Committee further notes that the new Labour Law 2014 defines discrimination in the workplace as “all action by the employer that hinders, is biased or limits opportunities for promotion and confidence on the part of the employee” (section 3(28)), and prohibits “direct or indirect discrimination by employers against employees in the labour unit” (section 141(9)). While there are some provisions prohibiting gender discrimination, the Committee notes that the Labour Law 2014 no longer explicitly prohibits discrimination on the grounds of race, religion and beliefs, as previously provided for in section 3(2) of the Labour Law 2007, nor does it prohibit discrimination based on colour, political opinion, national extraction and social origin. In its 2012 General Survey on the fundamental Conventions, paragraphs 743–745, the Committee emphasizes the importance of clear and comprehensive definitions of what constitutes direct and indirect discrimination in identifying and addressing its many manifestations. It also recalls that where legal provisions are adopted to give effect to the Convention they should include at least all the grounds set out in Article 1(1)(a) of the Convention, namely race, colour, sex, religion, political opinion, national extraction or social origin. The Committee asks the Government to indicate the full list of grounds of discrimination and aspects of employment and occupation that are prohibited under sections 3(28) and 141(9) of the Labour Law 2014, and to provide information on any administrative or judicial decisions applying and interpreting these provisions. The Committee also asks the Government to indicate how workers are protected in practice against direct and indirect discrimination on all the grounds set out in Article 1(1)(a) of the Convention. Further, the Committee asks the Government to provide information on any measures taken or envisaged to develop additional guidance for workers and employers, as well as law enforcement authorities, on the definition of direct and indirect discrimination and the prohibited grounds of discrimination in the Labour Law 2014.

Article 1(1)(b). The Committee notes that sections 87(1), 100 and 141(2) of the Labour Law 2014 provide protection against discrimination on the basis of pregnancy, marital status and HIV status in recruitment and termination of employment, but no longer prohibits discrimination based on nationality, age or socio-economic status, which were previously included in the Labour Law 2007. The Committee asks the Government to indicate the measures taken, in consultation with employers’ and workers’ organizations, with a view to maintaining the same level of protection against discrimination on the additional grounds previously contained in the Labour Law 2007, namely nationality, age and socio-economic status, and with respect to all aspects of employment. The Committee reiterates its request to the Government to provide specific information on the practical application of section 25 of the Decree on the Rights of Persons with Disabilities, including details of any activities undertaken to promote non-discrimination of persons with disabilities in employment and occupation.

Legislation. Scope of application. The Committee notes that the categories of workers previously excluded from the Labour Law 2007 have remained the same in the Labour Law 2014, and include civil servants. It notes the Government’s statement that workers excluded from labour legislation are covered by “different legal texts”. The Committee also notes that section 6 of the Labour Law 2014 provides that “household workers” must “comply with the working contract”. The Committee recalls that civil servants are covered by the Prime Minister’s Decree on Civil Servants, which does not contain provisions applying the principles of the Convention and which excludes certain groups from its application (section 3). It also recalls that the principle of the Convention applies to all workers. The Committee asks the Government to provide specific information on how it is ensured in practice that those workers excluded from the scope of the Labour Law, including civil servants, are protected against discrimination on the grounds set out in the Convention. The Committee also asks the Government to clarify whether the provisions of the Labour Law 2014, in particular the non-discrimination provisions, apply to “household workers”.

Sexual harassment. The Committee notes that section 83(4) of the Labour Law 2014 allows the worker to cancel the employment contract in the event of harassment or sexual harassment on the part of the employer, or when the employer ignores that any such action occurs, and that section 141(4) prohibits employers from violating the personal rights of employees, especially female employees, through speech, sight, text, touch or touching inappropriate areas. However, sexual harassment is not explicitly defined and prohibited in the Labour Law 2014, and it is unclear how the above provisions protect workers from all forms of sexual harassment in employment, and provide for adequate remedies and sanctions. The Committee recalls its general observation of 2003 highlighting the importance of taking effective measures to prevent and prohibit sexual harassment at work. Such measures should address both quid pro quo and hostile environment sexual harassment (see also General Survey on the fundamental Conventions, 2012, paragraph 789). The Committee requests the Government to provide information on the practical application of sections 83(4) and 141(4) of the Labour Law 2014, including with respect to cases of sexual harassment, and on any measures taken or envisaged to define and prohibit sexual harassment in employment, both quid pro quo and hostile environment harassment, and to provide for adequate remedies and sanctions. The Committee further requests the Government to consider formulating and implementing practical measures to prevent and eliminate sexual harassment in employment and occupation, in cooperation with employers’ and workers’ organizations, and to provide information on any progress made in this regard.

Article 1(2). Inherent requirements. The Committee notes that, pursuant to section 33(3) of the Labour Law 2014, certain jobs can be reserved for Lao citizens, especially traditional jobs of Lao ethnic groups, jobs promoting Lao traditions, indigenous knowledge and jobs that do not require knowledge or high capital. The provision states that these jobs will be specified in a separate list. The Committee asks the Government to provide information on the practical application of section 33(3) of the Labour Law 2014 and how it is ensured that this provision does not lead to indirect discrimination against non-citizens on the grounds set out in the Convention with respect to hiring and job security. Please provide a copy of the list of occupations reserved for Lao citizens.

Article 2. Equality of opportunity and treatment between men and women. The Committee notes that the new Labour Law 2014 (section 72) continues to adopt different retirement ages for men (60 years of age) and women (55 years of age), and notes the Government’s statement that voluntary early retirement for women is widely practiced. The Committee recalls that setting earlier retirement ages for women can have a detrimental impact on women’s career paths and access to higher-level positions (see General Survey on the fundamental Conventions, 2012, paragraph 760). The Committee further notes the Government’s indication that the Lao Women’s Union is the lead implementing agency for the Law on the Development and Protection of Women of 2004 and that the Lao National Commission for the Advancement of Women (LCAW) undertakes research, provides policy advice and is responsible for the implementation of the National Strategy for the Promotion of the Advancement of Women (2011–15). The Committee notes the information in the Government’s report on the increase in net enrolment rates of girls and boys in pre-education and elementary education in 2013. The Government further indicates that in 2012 the representation of women of various ethnic groups in high-ranking positions in the public sector was 5.44 per cent. In the private sector, among 508 economic leaders, 153 were women. In 2005–06, of 25,327 vocational students, 9,797 were women; of 1,513 technical and vocational teachers in the public and private sectors, 466 were women. The Committee asks the Government to indicate the reasoning behind providing different retirement ages for men and women, and to provide information on the practical application of section 72 of the Labour Law 2014. The Committee further asks the Government to provide additional information on any practical measures adopted and outcomes noted under the National Strategy for the Promotion of the Advancement of Women (2011–15) to promote women’s access to employment, including to higher-level occupations, and to vocational training and education at all levels, including higher-level education. The Committee also asks the Government to provide up-to-date statistical information, disaggregated by sex, on employment in the public and private sectors, and in the formal and informal economy, and on participation in education and in the various vocational training courses.

Equality of opportunity and treatment irrespective of religion and ethnicity. The Committee notes the Government’s statement acknowledging the multi-ethnic composition of the country and that the development of areas where ethnic minorities reside is a top priority in programmes across all sectors. The Committee notes that the Lao Front for National Construction (LFNC) undertakes much of the advocacy work regarding article 8 of the Constitution, which provides that, “The State pursues the policy of promoting unity and equality among all ethnic groups”. The Committee notes the Government’s statement that there remains a large gap between ethnic groups, and particularly minorities, in accessing education and vocational training. The Government also indicates that “Schools for Ethnic Minorities” have been established in almost every province where ethnic minorities reside, and that they include dormitories, meals, textbooks, clothes and bedding provided by the “fund for education of ethnic minorities.” It further notes that vocational schools and teacher training schools have also been organized for ethnic minorities in many provinces. The Committee requests information on the measures taken by the Government and the LFNC to address direct and indirect discrimination in employment and occupation based on religious or ethnic grounds and the measures taken to promote and ensure equality of opportunity and treatment in employment and occupation. The Committee asks the Government to provide statistical information on enrolment, disaggregated by ethnicity and sex, for primary, secondary and tertiary education, as well as for vocational and teacher training schools for ethnic minorities.

Persons with disabilities and older workers. The Committee notes the provisions in the Labour Law 2014 concerning employment opportunities and skills development for persons with disabilities and older persons (sections 9(1) and 33(1)). It also notes the information provided by the Government on the plans and progammes developed for persons with disabilities pursuant to the Decree on the Rights of Persons with Disabilities. The Committee asks the Government to continue providing information on any specific measures taken or envisaged, including by local authorities, to promote skills development and equal opportunities in access to employment and occupation for persons with disabilities and older workers pursuant to sections 9(1) and 33(1) of the Labour Law, and the above Decree. Please provide statistical data, disaggregated by sex, on the participation of persons with disabilities and older persons in employment and vocational training and education.

Article 4. Activities prejudicial to the security of the State. The Committee once again asks the Government to provide full information on how the Penal Law, section 65, has been implemented in practice, and in particular to indicate the measures taken to ensure that the provision does not in practice result in discrimination based on political opinion in employment and occupation.

Article 5. Special measures. Women. The Committee notes that section 97 of the Labour Law 2014 prohibits the employment of women workers caring for a child under 1 year of age in certain types of employment, including overtime, night work and work specified as hazardous. While measures aimed at assisting workers with family responsibilities are essential to promote equality, the Committee considers that measures reflecting the assumption that the main responsibility for family care lies with women tend to reinforce and prolong stereotypes regarding the roles of men and women in the family and in society. To achieve the objective of the Convention, measures to assist workers with family responsibilities should be available to men and women on an equal footing (see General Survey, 2012, paragraph 786). The Committee asks the Government to explain whether the provisions of section 97 only cover pregnant and nursing women, or in general all women caring for a child under 1 year of age, and to indicate whether the prohibition would apply equally to men caring for a child under 1 year of age.

Part IV of the report form. The Committee notes the Government’s indication that no discrimination claims were recorded by the courts during the reporting period. The Committee recalls that where no cases or complaints, or very few, are being lodged, this is likely to indicate a lack of an appropriate legal framework, a lack of awareness of rights, a lack of confidence in the absence of practical access to procedures, or fear of reprisals (see General Survey, 2012, paragraph 870). The Committee asks the Government to provide information on the measures taken or envisaged to raise awareness among workers, employers and their organizations and the wider public of the applicable legislation concerning non-discrimination and the available mechanisms and procedures for redress. It further asks the Government to continue providing information on any court or administrative decisions regarding the enforcement of non-discrimination legislation, as well as on any relevant complaints reported to or detected by the labour inspectorate.