Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - China - Macau Special Administrative Region (RATIFICATION: 1999)

CMNT_TITLE

Previous comment

Previous comment

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee recalls the absence of specific legislation defining and prohibiting quid pro quo (blackmail) and hostile environment sexual harassment and notes that the Government’s report does not mention any progress in this regard. It welcomes, however, the Government’s indication that the Legal Affairs Bureau actively organises promotional activities, through publications in newspapers, posts on social media platforms, TV shows, and seminars to raise public awareness on workplace sexual harassment, and the regulations in force to prevent discrimination against workers (including local and non-local workers) in employment and work protection. The Committee would like to draw the Government’s attention to paragraphs 111 to 117 of its 2023 General Survey on “Achieving gender equality”, in which it emphasizes that, without a clear definition of sexual harassment in employment and occupation, it remains doubtful whether the legislation effectively addresses all its forms and effects and recalls that the prohibition or criminalization of specific acts, such as rape or attempted rape, or sexual assault, does not address the full range of behaviours that constitute sexual harassment in employment and occupation. The Committee asks the Government to take steps to develop legislative provisions that explicitly define and prohibit both quid pro quo and hostile environment sexual harassment, covering the full range of behaviours that constitute sexual harassment. It also asks the Government to continue providing information on: (i) any measures taken to raise the awareness of workers and employers and their organizations regarding sexual harassment at work; and (ii) any cases of sexual harassment detected through labour inspections or reported to the Labour Affairs Bureau, and on the follow-up measures taken in this regard.

Discrimination on the basis of race, colour and national extraction. Migrant workers. Recalling that both nationals and non-nationals should be protected from discrimination on the grounds covered by the Convention, the Committee asks the Government to provide information on the measures taken to : (i) raise awareness amongst non-resident workers of relevant protective legislation against discrimination based on race, colour, and national extraction; and (ii) enhance the capacity of competent authorities, including labour inspectors and other public officials, to identify and address such cases of discrimination and allow claims to be brought successfully filed.

Article 2. Promotion of gender equality. Regarding the employment situation of women, the Government indicates that in 2018–21: (1) the female labour force made up 51 percent of the total labour force; (2) some sectors remained with low female participation (such as construction, transportation, warehousing, and communication industry), while others remained with low male participation (such as domestic work, healthcare, and social welfare); and (3) some occupations remained with low female participation (such as members of the Legislative Assembly, government officials, organisations leaders, leaders and managers of enterprises, machine operators, drivers, and assemblers), while others remained with low male participation (such as office workers and "non skilled workers"). Regarding the challenge of levelling the situation of women in relation to their participation in the labour market, access to the same jobs and occupations, and the associated measures to achieve these objectives, the Committee welcomes the Government’s indication that: (1) the Council has formulated the 7-year Policy Plan “Development Goals for Women in Macao” in 2018 to be implemented in 2019-2025, which covers eight priority development areas, including gender mainstreaming, women’s participation in policy-making, women in education and training and women and the economy; and (2) since 2019, the Social Welfare Bureau has continued to organise seminars on “Development Goals for Women in Macao” and “Gender Mainstreaming”. The Committee asks the Government to provide information on: (i) the measures adopted and the results achieved to address vertical and horizontal occupational gender segregation, when implementing the Plan “Development Goals for Women in Macao” or otherwise; (ii) the measures taken to assist workers with family responsibilities to reconcile work and family responsibilities and promote their participation in the labour market; and (iii) the activities of the Commission of Women Affairs to promote equality of opportunity and treatment specifically in employment and occupation.

Articles 2 and 5. Promotion of equal opportunity and treatment. Special measures of assistance. Workers with disabilities. The Committee notes the Government’s indication on the enactment of Administrative Regulation No. 39/2020 on the Supplementary Allowance Plan for the Income of Workers with Disabilities which provides for the right to apply for a supplementary allowance if their wages do not reach the statutory minimum wage. The Committee asks the Government to provide information on: (i) the development of the system of supplementary allowances for workers with disabilities governed by Administrative Regulation No. 39/2020, indicating beneficiaries by gender, sectors of the economy, and occupation, if possible; (ii) its impact on the employment of persons with disabilities; and (iii) any measures taken to ensure equal access to persons with disabilities to the open labour market.

Article 5. Special measures of protection. Restrictions on women’s employment. The Committee recalls that the Government had envisaged to publish a list of jobs prohibited for women as they constitute a danger to their maternal function and to revise and consolidate its occupational safety and health legislation. In the absence of information on this point, the Committee asks once again the Government to indicate whether such a list was adopted and if so, to specify how it was established and what are the jobs concerned.

Awareness-raising and enforcement. The Committee welcomes the Government’s indication of the various awareness-raising activities carried out on non-discrimination in employment and work protection as well as gender equality. It further notes the information provided by the Government that: (1) the Labour Affairs Bureau received 29 complaints regarding employment discrimination during the period 2018–22, involving 41 local workers and 25 non-local workers, out of which 18 cases were archived due to unsubstantiated accusations, nine were archived due to withdrawals of the complaints by the complainants, and two are still under investigation; and (2) it also received two complaints for sexual harassment, one of which could not be followed up due to its anonymous nature. The Committee recalls that a low number of cases of discrimination may not be the sign of an absence of discrimination in employment in the country but could be due to other reasons such as difficulties in accessing redress mechanisms, lack of knowledge of rights and complaint mechanisms, fear for retaliation, high burden of proof or length of procedures. The Committee asks the Government to continue to provide information on steps taken to: (i) raise the awareness of workers, employers, and their organizations of the rights and procedures available to address cases of discrimination in employment and occupation; and (ii) train labour inspectors and to identify and address cases of discrimination. It asks the Government to continue providing information on any relevant cases dealt with by the labour inspectors or the courts.

CMNT_TITLE

Article 1 of the Convention. Sexual harassment. The Committee recalls the absence of specific legislation defining and prohibiting quid pro quo and hostile environment sexual harassment. It notes that the Government indicates in its report that employees can make complaints to the Labour Affairs Bureau if the employer fails to respect or treat the employee with propriety, including in a case of sexual harassment, and that studies are under way towards the revision of provisions concerning sexual crimes in the Penal Code. The Government further indicates that only two complaints of sexual harassment have been received by the Labour Affairs Bureau between June 2012 and May 2015, and that these complaints were subsequently handled by the Judicial Police Bureau. While welcoming the intention of the Government to study the provisions in the Penal Code, the Committee emphasizes again that addressing sexual harassment only through criminal proceedings is not sufficient due to the sensitivity of the issue, the higher burden of proof, and the fact that criminal law does not cover the full range of behaviour that constitutes sexual harassment in employment and occupation (2012 General Survey on the fundamental Conventions, paragraph 792). The Committee requests the Government to take more proactive measures to develop legislative provisions that explicitly define and prohibit sexual harassment in line with the Committee’s 2002 general observation, and which provide adequate protection against sexual harassment taking into account the sensitivity of the issue and the need to cover the full range of behaviour that constitutes sexual harassment. It also asks the Government to continue to provide information on measures taken to raise the awareness of workers and employers and their organizations regarding sexual harassment at work, and on any cases of sexual harassment detected through labour inspections or reported to the Labour Affairs Bureau, and on the follow-up measures taken in this regard.

Article 2. Promotion of gender equality. The Committee notes that the Advisory Commission of Women’s Affairs has been renamed the Commission of Women Affairs as part of restructuring efforts in 2012, which also resulted in an expanded mandate that includes the promotion of women’s rights and awareness raising regarding women’s issues. The Government also indicates that a “Macau Women Database” has been created in 2015 and that the next report on the situation of women conducted by the Commission is scheduled to be published in 2017, and every five years thereafter. The Committee notes that according to the information of the Statistics and Census Service (SCS), men’s labour force participation rate was 79.6 per cent whereas women’s labour force participation rate was 68 per cent in 2015. The Committee also notes the Government’s indication that the “Macau Women Development Goals” will be developed to promote policies concerning women’s employment, and that the Social Work Bureau initiated the Community-based Child-rearing Service Experimental Programme to provide flexible childcare services to working parents. The Committee requests the Government to provide information on the activities of the Commission of Women Affairs to promote equality of opportunity and treatment in employment and occupation, including the upcoming study on the situation of women and its findings, as well as on the Macau Women Development Goals. It also asks the Government to provide information on measures taken to promote women’s participation in a wider range of industries and occupations and in higher level positions, and to communicate statistical information on the distribution of men and women in the various sectors, positions and occupations, both in the public and private sectors. The Committee further asks the Government to provide information on the results achieved to assist workers with family responsibilities to reconcile work and family responsibilities and promote their participation in the labour market, including the measures taken by the Social Work Bureau.

Discrimination on the basis of race, colour and national extraction. With reference to section 2(5) of Employment of Non-resident Workers (Law No. 21/2009), which gives precedence to resident workers over non-resident workers in respect of hiring and maintaining employment, and section 2(4) of Administrative Regulation on the Conditions or Responsibilities to be Established in the Employment Permit for Non-resident Workers No. 13/2010, which provides that employment of a minimum number of resident workers is required as a condition for issuing employment permits for non-resident workers, the Committee notes the Government’s indication that the hiring of non-resident workers is subject to the principles of complementarity, priority and non-discrimination. The Government further indicates that discrimination is prohibited under section 6(2) of the Labour Relations Law No. 7/2008, and that section 20 of the Employment of Non-resident Workers’ Law stipulates that labour relations entered into with non-resident workers shall be subject to rights, obligations and guarantees of the Labour Relations Law. The Committee considers that in order to be in conformity with the Convention, it should be ensured that the practical application of legal provisions providing precedence to residents in respect of hiring and maintaining employment do not lead to indirect discrimination against non-resident workers on the grounds set out in the Convention. The Committee notes the Government’s indication that the Labour Inspection Department has received only one complaint in relation to discrimination based on race, colour or national extraction between 2012 and 2015, as well as its indication that discrimination cases are uncommon. The Committee therefore once again asks the Government to indicate the specific measures taken to ensure that the practical application of section 2(5) of the Employment of Non-resident Workers Law (No. 21/2009) and section 2(4) of the Administrative Regulation on the Conditions or Responsibilities to be Established in the Employment Permit for Non-resident Workers (No. 13/2010) do not lead to indirect discrimination against non-resident workers on the grounds set out in the Convention with respect to hiring and job security. It also asks the Government to provide information on the measures taken to raise awareness amongst non-resident workers of relevant protective legislation, and also to enhance the capacity of competent authorities, including labour inspectors and other public officials, to identify cases of discrimination related to race, colour and national extraction and allow claims to be brought successfully.

Discrimination on the basis of political opinion. The Committee recalls its previous comments regarding section 300(1) and (2) of the Penal Code establishing the offences of “inciting, in a public gathering or by any means of communication, collective disobedience of public order of law, with an intention to destroy, alter or overturn the established political, economic or social system,” and of spreading “false or demagogic information that may frighten or unsettle the residents”. The Committee notes that the Government once again indicates that there have been no judicial decisions made with regard to section 300(1) and (2) of the Penal Code. The Committee once again asks the Government to provide information on the practical application of section 300(1) and (2) of the Penal Code, including measures taken or envisaged to ensure full application of the principle of non-discrimination in employment and occupation on the basis of political opinion as defined under Article 1(1)(a) of the Convention. It also asks the Government to continue to provide information on the number of persons convicted under these provisions and sentences imposed.

Article 5 of the Convention. Special measures of protection. The Committee recalls the Government’s intention to publish, by way of a separate regulation, a list of jobs in which women are prohibited from working as they constitute a danger to their maternal function. The Committee notes that the Government indicates that it will continue its efforts to consolidate occupational safety and health laws, and that the Government indicates that priority has been given to revising existing occupational safety and health laws concerning industrial, commercial and construction workplaces, such as Decree-Law No. 44/91/M (Regulation on Construction Safety and Health) and Decree-Law No. 67/92/M (Penalties for Violating the Regulation on Construction Safety and Health), but notes that no information has been provided on the progress made in the enactment of such an Occupational Safety and Health Charter. The Committee trusts that the Occupational Safety and Health Charter will be enacted soon, and that the measures contained in it will aim to protect the occupational safety and health of men and women on an equal footing, and that the prohibition of women’s employment in highly hazardous work will be limited to maternity protection. Please provide a copy of the text of the new Charter once it is adopted.

Enforcement. The Committee recalls its previous comments regarding the need to develop specific guidance for labour inspectors and judges to address cases of discrimination. It notes throughout the Government’s report that very few claims have been made to the Labour Affairs Bureau with regard to discrimination in employment and occupation. The Government indicates that the Labour Affairs Bureau organized a number of awareness-raising activities to enhance the public’s understanding of laws in relation to the principle of equality, as well as training activities for labour inspectors and other staff specifically on international labour standards and relevant laws. The Committee recalls that the absence of complaints regarding discrimination does not necessarily indicate that discrimination does not exist; rather, it is likely to reflect the lack of an appropriate legal framework, the lack of awareness of rights, as well as the lack of access to or the inadequacy of complaints mechanisms and means of redress, or fear of reprisals (2012 General Survey, 2012, paragraphs 790 and 870). The Committee therefore once again asks the Government to provide specific information on steps taken to raise the awareness of workers, employers and their organizations of the procedures available to address cases of discrimination in employment and occupation. The Committee continues to encourage the Government to organize awareness-raising activities regarding equality and non-discrimination for labour inspectors and judges, and requests detailed information on further steps taken in this regard. Please also continue to provide information on any relevant cases dealt with by the labour inspectors or the courts.

CMNT_TITLE

Sexual harassment. The Committee notes the Government’s indication that it has not yet enacted specific legislation defining and prohibiting quid pro quo and hostile environment sexual harassment. The Committee also notes that the Government cites sections 157–159 of the Penal Code of 1995, which provide for criminal prosecution for rape, sexual coercion and sexual abuse of a person unable to resist. The Committee considers that addressing sexual harassment only through criminal proceedings is normally not sufficient due to the sensitivity of the issue, the higher burden of proof, and the fact that criminal law does not cover the full range of behaviour that constitutes sexual harassment in employment and occupation (General Survey on fundamental Conventions, 2012, paragraph 792). The Committee further notes the Government’s statement that the Labour Inspection Department of the Labour Affairs Bureau has not received any inquiry or complaint in relation to sexual harassment at the workplace or detected any such case during inspection in the years 2009 and 2010. The Committee recalls that the absence of complaints regarding sexual harassment does not necessarily indicate that this form of sex discrimination does not exist; rather, it is likely to reflect the lack of an appropriate legal framework, the lack of awareness, understanding and recognition of this form of sex discrimination among government officials, and workers and employers and their organizations, as well as the lack of access to or the inadequacy of complaints mechanism and means of redress, or fear of reprisals (General Survey, 2012, paragraph 790). The Committee asks the Government to take more proactive steps with a view to including in legislation provisions defining and explicitly prohibiting sexual harassment in line with its 2002 general observation. It also asks the Government to take concrete measures to raise the awareness of workers and employers and their organizations, of sexual harassment at work. Please also provide information on any cases of sexual harassment detected by the labour inspection services or reported to it, and on the follow-up given to these cases.

Promotion of gender equality. Following the “Report on the present conditions of women in Macao, 2008”, the Committee notes the Government’s indication that the Consultative Commission for Women’s Affairs commissioned a follow-up study in 2010 on the situation of women, which is not yet publicly available. The Committee notes that according to the information of the Statistics and Census Service, men’s labour force participation rate was 78.1 per cent, whereas women’s labour force participation rate was 67.5 per cent in 2011. It also notes the statistical information provided by the Government and the Government’s indication that during the past several years, the number of women in the working population has increased, and that the number of female leaders and female professionals has increased more than that of men. With regard to the measures to promote women’s participation in a wider range of industries and occupations, the Government indicates only that the Labour Affairs Bureau has requested employers to mark down in their recruitment registration that the post involved is open to both men and women. The Committee asks the Government to provide information on the follow-up study on the situation of women conducted by the Consultative Commission for Women’s Affairs, including information on the measures taken to promote women’s participation in a wider range of industries and occupations and in higher level positions. It also asks the Government to provide information on any measures taken, in law and in practice, to assist workers with family responsibilities to reconcile work and family responsibilities and promote their participation in the labour market.

Discrimination on the basis of race, colour and national extraction. The Committee recalls its previous comments concerning section 2(5) of Employment of Non-resident Workers Law No. 21/2009, which gives precedence to resident workers over non-resident workers in respect of hiring and maintaining employment. The Committee notes that section 2(4) of Administrative Regulation No. 13/2010 provides that employment of a minimum number of resident workers may be required as a condition for issuing employment permits for non-resident workers. With regard to the measures to prevent discrimination on the basis of race, colour and national extraction, the Committee notes the Government’s indication that it publishes leaflets, holds teach-in sessions, and translates texts concerning related laws, targeted at both workers and employers. In addition, the Government cites section 85(1)(1) of the Labour Relations Law No. 7/2008, which provides for sanctions for violation of non-discrimination provisions. The Committee also notes the Government’s indication that the Labour Inspection Department has not received any complaint or detected any violations for the period from 2009 to 2010, in relation to discrimination based on race, colour or national extraction. The Committee recalls in this respect that the absence of complaints is not necessarily an indicator of an absence of violations, particularly in the context of non-resident workers, as they may be particularly concerned about the fear of reprisals or victimization, or there may be an absence of practical access to procedures (General Survey, 2012, paragraph 870). The Committee asks the Government to provide information on the practical application of section 2(5) of the Law No. 21/2009 and section 2(4) of the Administrative Regulation No. 13/2010, and to indicate how it is ensured that the implementation of these provisions do not result in indirect discrimination against non-resident workers on the grounds set out in the Convention with respect to hiring and job security. The Committee again asks the Government to provide information on the practical measures envisaged to prevent discrimination against resident and non-resident workers based on race, colour and national extraction in employment and occupation.

Discrimination on the basis of political opinion. The Committee recalls its previous comments and notes the Government’s indication that there have been no judicial decisions regarding section 300(1) and (2) of the Penal Code. The Committee asks the Government to provide information on the practical application of section 300(1) and (2) of the Penal Code, including information on the number of persons convicted under these provisions and the sentences imposed.

Special measures of protection. The Committee notes the Government’s indication that the draft legislation entitled the “Occupational Safety and Health Charter” has not yet been enacted, and that the prohibition of women’s employment in highly hazardous work during pregnancy or within three months after childbirth fully satisfy section 10(2) of the International Covenant on Economic, Social and Cultural Rights, which provides that special protection should be accorded to mothers during a reasonable period before and after childbirth. The Committee trusts that the prohibition of women’s employment in highly hazardous work in the Occupational Safety and Health Charter will be limited to maternity protection in the strict sense, and asks the Government to provide a copy of the text of the new legislation once it is enacted.

Enforcement. The Committee notes the Government’s indication that there was one case concerning equality in recruitment for local and foreign employees, in which the court did not find any violation of the principle of equality provided for under section 6(2) of the Labour Relations Law No. 7/2008. The Committee recalls its previous comments concerning guidance for labour inspectors and judges on addressing cases of discrimination. The Committee notes the Government’s indication that because judges only follow the law in making decisions, no guidance is provided for judges in handling cases of discrimination. The Committee considers that judicial independence would not be hampered by providing training for judges in order to better understand the principles of the Convention. With regard to the labour inspection, the Committee notes the Government’s indication that from 2009 to 2011, the Labour Affairs Bureau received one complaint involving gender discrimination, but the case was withdrawn by the complainant. The Labour Inspection Department intends to provide training concerning the Convention for the labour inspectors, but the relevant working guide has not yet been prepared. The Committee asks the Government to provide information on the steps taken to raise awareness of workers, employers and their organizations of the procedures available to address cases of discrimination. The Committee encourages the Government to organize awareness-raising activities regarding equality and non-discrimination for labour inspectors and judges, and requests information on any further steps taken in this regard. Please also continue to provide information on any relevant cases dealt with by the labour inspectors or the courts.

CMNT_TITLE

style='font-weight:normal'>(notification: 1999)

Sexual harassment. The Committee recalls that the Labour Relations Law No. 7/2008 does not define and prohibit quid pro quo and hostile environment sexual harassment. It notes the Government’s view that sections 9, 11, 71, 77 and 85 of the Law provide adequate protection and remedies against sexual harassment. The Committee notes, however, that sections 9 and 11 concern a general obligation by employers and employees to treat each other with respect and mutual courtesy, and that pursuant to section 71, the only remedy provided to the employee against sexual harassment by an employer, or his or her representative, appears to be rescinding the contract. The Committee therefore considers that these provisions do not provide an appropriate legal basis for protection against and the bringing of complaints concerning sexual harassment. The Committee notes that awareness-raising campaigns have been organized on the Labour Relations Law, but remains unclear about how the issue of sexual harassment has been addressed. The Committee asks the Government to take more proactive steps to adopt appropriate legislation concerning sexual harassment, including appropriate remedies, and initiate consultations with workers’ and employers’ organizations to this end. It urges the Government to increase its efforts to raise awareness among workers and employers, and their organizations, of sexual harassment at work.

Promotion of gender equality. The Committee notes that the Consultative Commission for Women’s Affairs has commissioned a “Report on the present conditions of women in Macao, 2008”, which includes data on women’s employment, but which is not yet publicly available. It further notes from the recent statistics in the Government’s report that women’s labour force participation continues to increase but that the labour market remains highly gender segregated. Women are under-represented in the construction industry, the transportation, storage and communication industry, and the real estate, leasing and services to enterprises industry, while being over-represented in the industries regarding services to groups, society and individuals, and domestic services. Women are also overrepresented in the occupational groups of office clerks, and unskilled workers, and underrepresented as members of legislative organs, high officials of public administration, leaders of societies and managers of enterprises, and as handicraft workers, machines operators, drivers and assemblers. The Committee asks the Government to indicate the measures taken or envisaged to promote women’s participation in a wider range of industries and occupations, including in those that are typically dominated by men, as well as those involving posts of responsibility. Please also provide information on the findings of the 2008 study on the conditions of women and on any recommendations made to improve the situation of women in the labour market.

Discrimination on the basis of race, colour and national extraction. The Committee notes from statistics for 2007 that over 50 per cent of the non-resident employees are from mainland China. In addition, a large number come from the Philippines (two-thirds of them being women) and Hong Kong SAR (mostly men), followed by Indonesia (mostly women) and Viet Nam and Nepal (mostly men). The Committee further notes that Law No. 21/2009 on the Employment of Non-resident Workers provides that the hiring of non-resident workers shall be subject to the principles of non-discrimination (equal treatment with resident workers with regard to rights, obligations and working conditions) and equal remuneration for identical work or work of equal value (section 2(3) and (4)). In addition, section 20 provides that labour relations entered into with the non‑resident worker shall be governed by the labour relations law. The Committee also notes, however, that pursuant to section 2(5), resident workers shall have precedence over non-resident workers with respect to hiring and maintaining their employment position. The Committee asks the Government to provide information on the practical measures envisaged to prevent discrimination against resident and non-resident workers based on race, colour and national extraction in employment and occupation. The Government is also requested to indicate how it ensures that the practical application of section 2(5) of Law No. 21/2009 does not lead to discrimination against non-residents on grounds set out in the Convention and, in particular, race, colour and national extraction, with respect to hiring and job security. Please also provide information on any cases addressed by the competent authorities relating to the provisions concerning equality and non-discrimination in the Labour Relations Law No. 7/2008 and the Employment of Non-resident Workers Law No. 21/2009.

Articles 1 and 4 of the Convention. Discrimination on the basis of political opinion. The Committee recalls its previous comments regarding section 300(1) and (2) of the Penal Code establishing the offences of “inciting, in a public gathering or by any means of communication, collective disobedience of public order or law, with an intention to destroy, alter or overturn the established political, economic or social system”, and of spreading “false or demagogic information that may frighten or unsettle the residents”. The Committee notes the Government’s indication that there have been no judicial decisions regarding these provisions. The Committee requests the Government to continue to provide information on the practical application of section 300(1) and (2) of the Penal Code, including information on the number of persons convicted under these provisions and the sentences imposed.

Article 5. Special measures of protection. The Committee notes the information provided by the Government regarding the draft legislation entitled “Occupational safety and health charter”, adopted by the Standing Committee for the Coordination of Social Affairs in 2007, which would include provisions protecting women during pregnancy and for three months following child birth. Noting that the Government intends to provide information in its next report on the progress made in enacting the legislation, the Committee hopes that the Charter’s provisions will be free from stereotyped assumptions on work considered “appropriate” for women, and asks the Government to provide a copy of the text of the new legislation, once enacted.

Labour inspection. The Committee notes the Government’s indication that no work has yet been undertaken to develop guidance for labour inspectors to enable them to identify and handle cases relating to discrimination in employment and occupation. The Government also indicates that no judicial decisions have been handed down in relation to the application of the principles of the Convention, nor have any complaints been received. The Committee, recalling the important role of labour inspectors and judges in promoting and implementing the principles of the Convention and the national legislation on equality, encourages the Government to undertake more efforts to develop specific guidance for labour inspectors and judges on addressing cases of discrimination. Please continue to provide information on any relevant cases dealt with by the labour inspectors or the courts.

CMNT_TITLE

Sexual harassment. Recalling its previous comments urging the Government to take appropriate measures to address sexual harassment at work, including the adoption of legislation that prohibits both “quid pro quo” harassment and hostile work environment, the Committee notes that no provisions in this regard have been included in the 2008 Labour Act. In its report, the Government states that neither the labour inspection department nor the courts have received any complaints concerning sexual harassment. The Committee considers that the absence of complaints by no means indicates that sexual harassment at work does not exist, but rather may result from an absence of an appropriate legal basis and procedural provisions for bringing complaints, lack of awareness of available protection and remedies, and victims being hesitant to raise complaints. The Committee therefore urges the Government once again to take appropriate measures to address sexual harassment at work, including through the adoption of appropriate legislation, awareness raising and cooperation with workers’ and employers’ organizations, and to provide information on the steps taken to this end.

Promotion of gender equality in the labour market. The Committee notes from the Employment Survey 2007 that the labour force participation rate for men and women continued to increase (76 per cent for men and 62.7 per cent for women in 2007). The Committee also notes that the Consultative Commission for Women’s Affairs has started to gather and examine laws and regulations concerning women and to study relevant data. It also plans to hold events to establish contacts with local women’s groups and campaigns to encourage women to safeguard their rights and interests. The Committee requests the Government to provide information on the outcome of the examination of relevant data and legislation by the Consultative Commission, as well as information on any promotional measures taken by the Commission relating to the promotion of gender equality in the labour market. The Committee also requests the Government to continue to provide statistical data on the situation of men and women in the labour market, including non-resident workers.

Discrimination on the basis of race, colour and national extraction. Recalling its previous comments concerning the measures to prevent discrimination on the grounds of race, colour or national extraction against non-resident workers, many of whom are from the Chinese mainland and the Philippines, the Committee notes the Government’s statement that a revision of the legislation on non-resident workers will make the majority of the provisions of the new Labour Law applicable to non-resident workers. The Committee requests the Government to provide information on any further developments regarding this matter, as well as information on any practical measures envisaged to prevent discrimination based on race, colour or national extraction.

Articles 1 and 4. Discrimination on the basis of political opinion. The Committee notes that section 300(1) of the Penal Code establishes the offence of inciting, in a public gathering or by any means of communication, collective disobedience of public order or law, with an intention to destroy, alter or overturn the established political, economic or social system. Section 300(2)(a) establishes the offence of spreading “false or demagogic information that may frighten or unsettle the residents”. Both offences are punishable with prison terms up to two years or fines. The Committee recalls that in protecting individuals against discrimination in employment and occupation based on political opinion, the Convention implies that this protection shall be afforded to them in respect of activities expressing or demonstrating opposition to the established political principles by non-violent means (Special Survey on Equality in Employment and Occupation, 1996, paragraphs 45 and 125). Persons engaging in activities expressing or demonstrating opposition of established political principles are not excluded from the protection of the Convention by virtue of Article 4. The Committee requests the Government to provide information on the practical application of section 300(1) and (2)(a) of the Penal Code, including information on the number of persons convicted under this provision and the sentences imposed.

Article 5. Special measures of protection. The Committee notes that following the adoption of the new Labour Law, the Government plans to establish, by way of a separate regulation, a list of jobs prohibited to women because they constitute a danger to their maternal function. Recalling the need to ensure that the new list is determined in cooperation with the social partners and that it is not based on stereotypical views of work that is considered appropriate for women, the Committee requests the Government to provide a copy of the list of prohibited jobs along with its next report.

Labour inspection. The Committee notes the information provided by the Government relating to one case concerning gender discrimination dealt with by the labour inspection department. While noting that labour inspectors are being trained on the Convention, the Committee requests the Government to provide further information on the practical guidance provided to labour inspectors to enable them to identify and address discrimination in employment and occupation contrary to the Convention and the legislation. Please also continue to provide information on any cases dealt with by the labour inspectors or the courts.

CMNT_TITLE

Articles 1 and 2 of the Convention. Legislative developments. The Committee notes that section 6(2) of the Labour Act (No. 7/2008), which enters into force on 1 January 2009, provides for equal rights and duties of all workers or candidates for employment irrespective of social or national origin, extraction, race, colour, sex, sexual orientation, age, civil status, language, religion, political or ideological convictions, membership of an association, education or economic situation. Section 6(3) allows for distinctions to be made on these grounds based on inherent job requirements and section 6(4) provides that nothing in section 6 precludes the possibility of taking special measures for the protection of certain social groups provided such special measures are legitimate and proportional. The Committee notes with interest that the new non-discrimination provisions cover all candidates for employment and that all prohibited grounds listed in Article 1(1)(a) of the Convention have been included. In addition, the Committee notes with interest that discrimination based on a number of additional grounds (sexual orientation, age, civil status, language, membership of an association, education and economic situation) are also included as envisaged in Article 1(1)(b). The Committee requests the Government to provide information on the measures taken to promote and ensure the implementation of the new non-discrimination provisions, including information on any cases dealt with by the courts or the labour inspection department regarding discrimination in employment. It also asks the Government to provide information on any special measures taken in accordance with section 6(4).

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

CMNT_TITLE

1. Article 1 of the Convention. Sexual harassment. The Committee notes the absence of specific legislation prohibiting sexual harassment in employment and occupation. It recalls from its 2002 general observation that sexual harassment undermines equality at work by calling into question the integrity, dignity and well-being of workers and that it damages an enterprise by weakening the bases upon which work relationships are built and by impairing productivity. The Committee urges the Government, therefore, to take appropriate measures to address sexual harassment in employment and occupation, including the adoption of legislation that prohibits both “quid pro quo” harassment and hostile work environment, and asks the Government to keep it informed of any progress in this regard. It also asks for information in the Government’s next report on the relevant enforcement mechanisms, court decisions, awareness-raising measures and cooperative activities undertaken with employers’ and workers’ organizations to address sexual harassment in the workplace.

2. Discrimination on the basis of sex. The Committee notes from the information provided by the Government to the Committee on the Elimination of Discrimination against Women that the balance between men and women in positions of responsibility in the public sector has improved whereas progress in this regard in the private sector has been slower (CEDAW/C/CHN/5-6/Add.2, page 14). It also notes with interest that the Government has launched campaigns on human rights, including women’s rights and has created the Consultative Commission for Women’s Affairs whose purpose, amongst others, is to promote women’s rights and interests, contribute to the realization of women’s opportunities and encourage their full participation in the development of the Macau Special Administrative Region (MSAR) (CEDAW/C/CHN/Q/6/Add.1, page 32). The Committee asks the Government to provide ongoing information on its campaign to promote women’s rights along with the details of the work of the Consultative Commission regarding the promotion of equal opportunity and treatment in employment and occupation and the results achieved.

3. Discrimination on the basis of race, colour and national extraction. The Committee notes from the Government’s report to the Committee on the Elimination of Racial Discrimination that the majority of non-resident workers in the MSAR come from the Chinese mainland and that Philippine nationals form another important community of non-resident workers (CERD/C/357/Add.4
(Part III), page 5). Noting the Government’s initiatives with respect to the Philippine community, the Committee asks for more detailed information on the measures adopted or under consideration to prevent discrimination on the grounds of race, colour and national extraction in practice and to promote equal opportunity in employment and occupation.

4. Article 2. National policy. The Committee notes the Government’s statement that it has had no difficulties implementing the Convention and that no complaints of discrimination have been identified during the period covered by the report. The Committee wishes to remind the Government that the absence of complaints is not an indication that discrimination does not exist in practice. Nor is the absence of discriminatory laws or administrative measures sufficient to meet the requirements of the Convention. Rather, eliminating discrimination and promoting equal opportunity and treatment in employment and occupation is an ongoing endeavour that requires active and continued efforts. This includes the declaration and pursuit of a national policy, which implies the setting up of programmes along with the Government’s implementation of appropriate measures according to the principles outlined in Article 3 of the Convention. The Committee therefore asks the Government to provide information in its next report on how a national policy has been declared and on the general methods by which such a policy is being implemented with respect to the grounds of race, colour, sex, religion, political opinion, national extraction and social origin.

5. Article 4. Activities prejudicial to the security of the State. Noting that the Government did not include information on Article 4 of the Convention, the Committee asks for an indication in its next report on the measures taken and practices governing the employment or occupation of persons suspected of, or engaged in, activities prejudicial to the security of the State. Please also provide details on the right of appeal available to such individuals.

6. Article 5. Special measures of protection. The Committee recalls that section 8 of Legislative Decree No. 52/95/M prohibits women from engaging in certain kinds of work that constitutes a real or possible danger to their maternal function. The Government adds in its report that a series of legislative provisions exist to protect women in employment such as article 152 of the Regulation on Hygiene and Safety in Industrial Establishments which prohibits pregnant women from working in dangerous jobs. The Committee notes that the current review of the Juridical Regime for Labour Relations will incorporate a more detailed list of jobs prohibited to women and that the social partners have been consulted in this regard. The Committee hopes that in the context of this review, the Government ensures that the measures taken to protect women are proportional to the objective of safeguarding their maternal function, and that the list of prohibited jobs is not based on stereotypical views of work that is considered appropriate for women and does not impair women’s equality of opportunity and treatment in employment and occupation. The Committee requests the Government to provide a copy of the list of prohibited jobs along with its next report.

7. Labour inspection. The Committee notes from the Government’s information concerning the labour inspectorate that inspectors have undergone training including a module on procedures for monitoring compliance with ILO Conventions. It notes in addition that the Government is in the process of recruiting additional inspectors who will subsequently follow a one year training course during which time they will receive specific training on Convention
No. 111. The Committee welcomes the attention paid by the labour inspectorate to the issue of discrimination in employment and occupation and asks the Government to include along with its next report information on the impact of the training provided to inspectors on Convention No. 111 as well as existing inspection guidelines for monitoring workplace compliance with non-discrimination legislation. Please also provide information on the number and outcome of cases identified by the inspectorate or complaints submitted regarding discrimination in employment and occupation.

8. Part V of the report form. Statistics. The Committee welcomes the statistics provided by the Government on the situation of women in the labour market. It hopes the Government will continue to provide such data, paying particular attention to women’ s occupations and levels of responsibility in both the public and private sectors, along with information on the situation in the MSAR (including statistics) regarding access to vocational training, employment and occupation of persons according to their race, colour, religion, political opinion, national extraction or social origin.

CMNT_TITLE

The Committee notes the information contained in the Government’s report and requests the Government to supply additional information on the following points.

1. Article 1 of the Convention. The Committee notes the various legal provisions prohibiting discrimination in employment and occupation on all grounds set out in the Convention with the exception of colour. Please indicate how discrimination in employment and occupation is prohibited on the grounds of colour. Please also provide information on the actual situation (including statistics) in the Region regarding access to vocational training, employment and occupation of persons according to their race, colour, sex, religion, political opinion, national extraction or social origin, and information on any difficulties of application encountered.

2. Article 2. The Committee requests additional information on the general policy designed to promote equality of opportunity and treatment in respect of employment and occupation and on the general methods (legal procedures, practical measures, etc.) by which such policy and principle are implemented in practice, and the results of such measures.

3. Article 3. The Government is requested to provide more detailed information on the activities of the Standing Committee for Social Adjustment in promoting the acceptance and observation of the general policy designed to promote equality of opportunity and treatment in employment and occupation, and the relevant educational programmes mentioned in the Government’s report to promote equality.

4. Article 4. The Committee requests the Government to provide information on how this Article of the Convention is applied in law and practice.

5. Article 5. The Committee notes that, as a protective measure, section 8 of Legislative Decree No. 52/95/M (which establishes the norms to observe in labour relations, in view of guaranteeing equality of opportunities and of treatment at work for employees of both sexes), prohibits women to engage in certain kinds of work that constitute a real or possible danger to the maternal function. It requests the Government to provide information as on the precise list of jobs prohibited to women, including the reasons for such prohibition and whether any consultations have been held with employers’ and workers’ organizations in relation to this question.

6. The Committee notes from the Government’s report that the Labour and Employment Department is the authority in the Region responsible for the application of laws, regulations and international instruments relating to equality in employment and occupation and requests the Government to provide detailed information on the activities of the Department in this respect.

7. The Government is also requested to provide a copy of the Civil Servant Regulations.