Demande directe (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - République démocratique populaire lao (Ratification: 2008)

Autre commentaire sur C111

Observation

Demande directe

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Article 1(2) of the Convention. Inherent requirements. The Committee notes the Government’s indication, in its report, that the list of occupations reserved for Lao citizens, under section 33(3) of the Labour Law 2014, is still in preparation. The Government adds that, pending adoption of the list, the Lao standard industrial Classification of all Economic Activities (No. 1328/MIC of 13 July 2015) provides a list of business types reserved for Lao citizens. The Committee once again asks the Government to step up its efforts in the finalization of the list of occupations reserved for Lao citizens and to provide the full and complete list once completed. In the meantime, the Committee again asks the Government to provide: (i) information on the practical application of section 33(3) of the Labour Law 2014 and on 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; and (ii) a copy, in one of the official languages of the Office, of the list of business types reserved for Lao citizens under the Lao standard industrial Classification of all Economic Activities.

Article 2. Equality of opportunity and treatment between men and women. The Committee notes the Government’s indication that it plans to amend section 72 of the Labour Law 2014 to provide for the same retirement age for both women and men. It notes, from the Government’s report to the United Nations Committee on Economic, Social and Cultural Rights (CESCR), the adoption in 2019 of the Law on Gender Equality (E/C.12/LAO/1, 20 December 2022, paragraph 21). The Committee further notes, from the Government’s report to the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) : (1) that promoting gender equality and combating discrimination against women are priorities for the Government; (2) the adoption of the Women’s Development Plan (2021–25); (3) that the National Assembly and the Provincial Assemblies organized 455 awareness-raising workshops to promote gender equality and all forms of discrimination against women, with a total participant of 55,588 (including 24’591 women); and 4) the creation of the National Commission for the Advancement of Women, Mothers and Children which plays an important role in promoting the advancement of women, gender equality and the elimination of all forms of discrimination against women and children. The Committee also notes from the Government’s information to the CEDAW that, in 2022, it provided: (1) scholarships to disadvantaged youth, including 953 women (that is, namely 52.92 per cent of the beneficiaries); and (2) allowances to poor students in vocational education priority courses such as construction, electric, machinery (10 per cent of the beneficiaries were women) and basic business studies (60 per cent were women). The Government also indicates that 47 per cent of the 176,151 civil servants are women, and that, based on statistics from 2020: 43 women occupied the position of ministers or equivalent (23.26 per cent), 105 women occupied the position of vice-misters or equivalent (20.95 per cent), 105 women occupied the position of deputy provincial governors or equivalent (18.09 per cent), 430 women occupied the position of director generals (20.23 per cent), 1,232 women occupied the position of deputy director generals (25.16 per cent), 144 women occupied the position of district/city governors (1.39 per cent), and 99 women governors out of 765 governors (12.94 per cent) occupied the position of deputy district/city governors. The Government explains that the number of women in decision-making positions is limited in many sectors due to the “environment in those sectors”, as well as some “inherent aspects of women such as capability and experience in leadership, including the required qualification” (CEDAW/C/LAO/10, 2 March 2023, paragraphs 11, 24, 25, 36, 58 and 70). In this regard, the Committee recalls that stereotyped assumptions regarding women’s aspirations and capabilities, their suitability for certain jobs or their interest or availability for full-time jobs, continue to lead to the segregation of men and women in the labour market (see the General Survey on the fundamental Conventions of 2012, paragraph 697). The Committee asks the Government to step-up its efforts in promoting women’s access to higher-level occupations, and to vocational training and education at all levels, free from gender bias, including though public awareness activities. It requests the Government to provide detailed information on: (i) the measures taken in the framework of the Women’s Development Plan (2021–25), the National Strategy for Gender Equality (2016–25) and the National Action Plan for Gender Equality (2016–20); (ii) the specific provisions of the Law on Gender Equality which relate to the prohibition of discrimination in employment and occupation; (iii) the progress achieved to amend section 72 of the Labour Law 2014 to provide for the same retirement age for both women and men; and (iv) up-to-date statistical data, disaggregated by sex, on employment in the public and private sectors, and in the formal and informal economy, and on participation in education and vocational training.

Equality of opportunity and treatment irrespective of religion and ethnicity. The Committee takes note of the Government’s indication that it adopted, in March 2020, the Decree on Ethnic Groups No. 207/GV. However, the Committee notes that the Government does not provide information on the contents of the new decree. The Committee further notes, from the Government’s report to the CESCR, that: (1) it adopted a policy on education to reduce and eliminate the gaps of disadvantaged people, particularly among ethnic pupils, to improve the quality and adequacy of the education system at all levels; (2) in addition to the education in the school system, the Government also made available informal education with the objective of creating conditions and opportunities for Lao multi-ethnic people who cannot access the formal school system to access universal education; and (3) the Government provided intensive ethnic language courses for teachers who will teach in ethnic areas (E.C.12/LAO/1, 20 December 2022, paragraphs 146, 152 and 157). The Committee requests the Government to pursue its efforts in narrowing the gap between ethnic groups, particularly minorities, in accessing education and vocational training. It also once again asks the Government to provide information on: (i) the specific steps taken by the Government to address direct and indirect discrimination in employment and occupation based on religious or ethnic grounds and the steps taken to promote and ensure equality of opportunity and treatment in employment and occupation; (ii) the specific provisions of the Decree on Ethnic Groups which address discrimination in employment and occupation; and (iii) updated statistical data 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, from the concluding observations of the United Nations Committee on the Rights of Persons with Disabilities (CRPD): 1) the national policy, strategy and action plan on persons with disabilities for the period 2020-2030, which defines eight key areas, including in work and employment, technical and vocational education and training; and (2) the national action plan on persons with disabilities for the period 2026–30, aiming to increase employment rate of persons with disabilities. However, it also notes that the CRPD expressed its concerns over, among others: (1) the lack of effective redress in cases of discrimination on the basis of disability and multiple and intersectional discrimination; (2) the insufficient implementation of the national action plan on inclusive education due to limited resources; and (3) the high rate of unemployment, part-time employment in precarious conditions and low-wage employment among persons with disabilities, in particular for persons with intellectual disabilities, persons with psychosocial disabilities, women with disabilities, persons affected by leprosy and persons with disabilities living in rural areas(CRPD/C/LAO/CO/1, 30 September 2022, paragraphs 5, 8, 44 and 50). Noting the lack of information provided regarding the Law on Persons with Disability (2019) and the finalization of the Decree on Elderly Persons, the Committee once again asks the Government to provide: (i) detailed information on the application in practice of the Law on Person with Disabilities (2019) and on any progress made towards the adoption of the Decree on Elderly Persons; (ii) information on the concrete measures taken and the results achieved, including under the framework of the national policy, strategy and action plan on persons with disabilities for the period 2020–30, to address discrimination in employment and occupation of persons with disabilities; and (iii) statistical data, disaggregated by sex, on the participation of persons with disabilities and older persons in employment and vocational training and education.

Article 5. Special measures. Women. The Committee notes the Government’s indication that it does not consider section 97 of the Labour Law 2014, which 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, to constitute discrimination against women. The Committee recalls that protective measures for women may be broadly categorized into those aimed at protecting maternity, in the strict sense, which come within the scope of Article 5 of the Convention, and those aimed at protecting women generally because of their sex or gender based on stereotypical perceptions about their capabilities and appropriate role in society (for example, women are in charge of family responsibilities) which are contrary to the Convention and constitute obstacles to the recruitment and employment of women (see General Survey on the fundamental Conventions, 2012, paragraph 839). The Committee once again requests the Government to review its approach regarding restrictions on women’s employment to ensure that any protective measures taken are strictly limited to maternity protection, in the strict sense, or based on occupational safety and health risk assessments and do not constitute obstacles to the employment of women, to their access to posts with career prospects and responsibilities. The Committee asks the Government to provide information on any development in this regard.

Enforcement. The Committee notes that the Government does not provide information in reply to its previous requests, but merely refers to section 224 of the Penal Code which provides for a fine and/or imprisonment in case of discrimination against women. The Committee further notes, from the Government’s report to the CEDAW: (1) the implementation of the Legal Sector Master Plan (2009-2020), focusing on improving the justice system, governance and public administration; (2) the judiciary system has been improved to ensure a fair trial for all, and section 2 of the Decree on Legal Aid provides that persons with disabilities, all Lao multi-ethnic groups, poor people and disadvantaged people and people in a vulnerable situation shall receive legal services without charge; and (3) the numerous trainings and awareness-raising sessions for judges, prosecutors and lawyers, but none appear to relate to discrimination in employment and occupation (CEDAW/C/LAO/10, 17 March 2023, paragraphs 15, 17 and 18). The Committee requests the Government to pursue its efforts and provide information on any awareness-raising activities on the relevant legislation, to enhance the capacity of the competent authorities, including judges, labour inspectors and other public officials, to identify and address cases of discrimination and unequal pay, and to examine whether the applicable substantive and procedural provisions, in practice, allow claims to be brought successfully. It once again asks the Government to provide 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.