Demande directe (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - Angola (Ratification: 1976)

Autre commentaire sur C111

Observation

Demande directe

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New legislation. The Committee refers to its previous comments, in which it requested the Government to take the opportunity provided by the revision of the General Labour Act to address the specific issues it had raised in relation to this piece of legislation concerning, in particular, the definition and grounds of discrimination, the prohibition of sexual harassment, the restrictions on women’s access to work, and the coverage of the measures for workers with family responsibilities provided for in the Act. The Committee notes with regret that the new General Labour Act (Act No. 7/015), which was adopted on 21 April 2015, has not addressed the matters raised by the Committee.

Article 1 of the Convention. Grounds and definition of discrimination. The Committee notes that section 4 of the General Labour Act, which provides for equality of opportunity and non-discrimination for all citizens based on race, colour, sex, ethnic origin, marital status, social origin or status, religious reasons, political opinion, trade union membership or language, replicates the provision of section 3 of the former Act. It notes, in particular, that the section does not provide for a definition of discrimination encompassing explicitly direct and indirect discrimination in all the aspects of employment and occupation covered by the Convention, nor does it include in the list of prohibited grounds of discrimination national extraction, in line with the Convention. The Committee requests that the Government take the necessary steps to ensure that the legislation is revised so as to include explicit prohibition direct and indirect discrimination on at least all the grounds set out at Article 1(1)(a) of the Convention, in all the aspects of employment and occupation defined in Article 1(3), against all workers. The Committee also asks the Government to indicate how the principle of the Convention is applied to the categories of workers falling outside the scope of application of the Act, including civil servants and casual workers, and to provide copies of any relevant special legislation applicable to them.

Sexual harassment. Noting that the new General Labour Act does not address sexual harassment and recalling the importance of taking effective measures to prevent and prohibit sexual harassment at in employment and occupation, the Committee asks the Government to provide information on the steps taken in this respect. It also again asks that the Government take the necessary measures to ensure that the legislation includes provisions that expressly and clearly define and prohibit sexual harassment, including both quid pro quo and hostile working environment harassment, and to ensure that sexual harassment by the employer, a person having authority over the worker, a work colleague and any other person encountered in the work context, such as customers and suppliers, is explicitly prohibited.

Workers with family responsibilities. The Committee notes that sections 102 and 244 of the new General Labour Act maintain the provisions concerning the promotion of part-time work arrangements for workers with family responsibilities found in sections 119 and 270 of the former Act. The Committee also notes that the provision on the implementation of a national network of childcare facilities does not appear in the new Act. It also does not include provision for paternity leave. The Committee emphasizes that when legislation reflects the assumption that the main responsibility for family care lies with women, or excludes men from certain rights and benefits, it reinforces and perpetuates stereotypes regarding the roles of women and men in the family and in society, and seriously impedes women’s access to employment and occupation. Recalling that, in order 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, the Committee requests that the Government provide information on the specific measures taken to promote equality of opportunity and treatment in employment and occupation for men and women workers with family responsibilities.

Equality of opportunity and treatment of men and women. The Committee notes that in its concluding observations, the United Nations Committee on Economic, Social and Cultural Rights (CESCR) expressed concern about the persistence of traditional stereotypes regarding the roles of women and men in the family and in society, which have an adverse impact on their social and economic rights (E/C.12/AGO/CO/4-5, 15 July 2016, paragraph 25). The Committee also notes from the CESCR’s concluding observations that customary law perpetuates discrimination against women and girls in the context of property and inheritance rights (ibid.). The Committee recalls that promoting and ensuring access to the material goods and services required to carry out an occupation, such as land, credit and other resources, should form part of the objectives of a national policy on equality (see 2012 General Survey on the fundamental Conventions, paragraph 756). The Committee asks the Government to provide information on the measures adopted to promote in practice equality of opportunity and treatment in employment and occupation between men and women and their results, including information on the steps taken to promote women’s self-employment and their access to land, credit and other material goods and services needed to engage in an occupation.

Restrictions on women’s access to work. The Committee refers to its previous comments concerning section 269(4) of the General Labour Act which provides that a list of jobs prohibited for women shall be established by Executive Decree issued jointly by the Ministry of Labour and the Ministry of Health. The Committee notes that the same provision appears in section 243 of the new General Labour Act and that a list of prohibited jobs was adopted by Executive Decree 172/10 of 14 December 2010. The Committee recalls that special measures for the protection of women should be limited to maternity protection in the strict sense and that measures aimed at protecting women generally because of their sex or gender, based on stereotypical perceptions about their capabilities and appropriate role in society are contrary to the Convention (see 2012 General Survey on the fundamental Conventions, paragraph 839). It also emphasizes that provisions for the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health. Regarding the maximum age for eligibility to work in the public service set at 35 years, the Committee again draws the Government’s attention to the fact that such a requirement is likely to be indirectly discriminatory against women as it may particularly affect women wishing to enter or re-enter the labour market following an absence for maternity and child-rearing. The Committee again requests that the Government take steps to ensure that existing restrictions on women’s access to work are removed so as to allow women’s access to employment on an equal footing with men and to limit restrictions applying to women to maternity protection. With regard to the requirement of an upper age of 35 years for access to employment in the public service, the Committee once again requests the Government to ensure that there is no indirect discrimination against women based on age and to provide information in this respect.

Equality of opportunity and treatment irrespective of race, colour or national extraction. Indigenous peoples. The Committee notes that in its concluding observations, the CESCR expressed concern about reported discrimination in access to food and education experienced by indigenous peoples coupled with the unfolding of development activities which impede them from accessing their lands (E/C.12/AGO/CO/4-5, 15 July 2016, paragraph 19). The Committee recalls that the recognition of the rights to land, territories and resources of indigenous peoples is essential to enable them to engage in their traditional occupations, without discrimination (see 2012 General Survey on the fundamental Conventions, paragraph 768). The Committee asks the Government to provide information on the steps taken or envisaged to ensure equality of opportunity and treatment of indigenous peoples in employment and occupation, including any steps directed at protecting their right to engage in their traditional occupations and livelihoods without discrimination.

The Committee notes that the Government’s report contains no reply to its other previous comments. It requests that the next report contains full information on the matters raised in its comments made in 2015.

Real or perceived HIV status. The Committee notes the information on the measures relating to HIV/AIDS planned by the Government under the United Nations Development Assistance Framework (UNDAF–Angola 2009–13). The Committee asks the Government to provide information on the impact of these measures in combating discrimination based on real or perceived HIV status.

Access to procedures and remedies. The Committee requests the Government to take measures to ensure that the legislation provides for sufficiently dissuasive sanctions to punish discrimination effectively, including sexual harassment or moral harassment, and for access to procedures and redress for the victims, which should include adequate compensation and reinstatement where the victim has been dismissed, together with adequate protection for victims and witnesses against reprisals.

Application. The Committee requests the Government to provide information on any specific and proactive measures to promote and secure equality of opportunity and treatment for women in the public service and the private sector. It also asks the Government to provide particulars of any measures taken or envisaged to secure equality in employment and occupation for all, regardless of race, colour, religion, political opinion, national extraction or social origin.

Statistical information. The Government is asked to provide statistics on the distribution of men and women in the different economic sectors and occupations, and information on the proportion of women in decision-making positions.