Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Lebanon (Ratification: 1977)

The Committee notes the information contained in the Government's reports.

1. With regard to the updating of the 1946 Labour Code, already mentioned in previous direct requests, the Committee notes that the Government has made use of the technical assistance of the Office and that work is continuing. In this respect, it notes with interest the Government's statement that it will study the possibility of including a text in the draft amendment which would refer explicitly to the principle of non-discrimination as defined by the Convention. The Committee asks the Government to inform it, in its next report, of progress in the revision.

2. The Committee notes that the National Employment Agency (NEA) has, with the technical cooperation of the Office, completed a study on the needs of the labour market and the characteristics of unemployment, and is currently in the process of data analysis. It also notes that the NEA will start examining the demands and offers of employment upon the opening of an office for employment in the capital which will be supplemented by district offices, responsible for receiving requests and offers of employment in the private sector, at a later stage. The Committee requests the Government to provide copies of statistics from the study which have a bearing on women's employment (such as statistics showing gender-based labour market profiles), as well as any recommendations arising from the analysis currently being undertaken. It would also appreciate receiving information on the mandate and activities of the employment offices to be opened in relation with Article 3(e) of the Convention, as well as an indication of the time frame within which they are expected to become operational.

3. Article 3(d) of the Convention. Regarding its previous requests for information on equality in civil service posts irrespective of religion, the Committee notes the information provided by the Government that employment in the public sector is based on competitive examinations and preparatory training courses organized by the Civil Service Council. The Committee notes the Government's statement that, as for employment in the public sector and the principle of non-discrimination, appointment is subject to paragraph (b) of the new article 95 of the Constitution. Since the copy of that paragraph of the article was not enclosed with the report, the Committee requests the Government to provide it with its next report. The Committee also requests the Government to provide in its next report information on the arrangements governing recruitment, such as examination and training procedures and advertisements. It would also appreciate receiving data on the composition of the labour force in the public service disaggregated by sex and religion, if such data is available.

4. Article 5. The Committee recalls the information provided by the Government previously, that economic and non-duplication considerations prevent women from benefiting from the family allowances that are available to men, and that women are prohibited from night work because they must stay at home in light of family and physiological considerations. The Committee requests the Government to reconsider the relevant provisions of the Labour Code -- perhaps in the context of the current discussions on its revision -- in light of the modern approach to bans on women's night work which is based on a balanced approach between protection of the mother and child and opening employment opportunities to women (see, for example, Convention No. 171 concerning night work, 1990, which permits such a ban only during periods related to pregnancy and confinement). The Committee recalls that, in paragraph 129 of its General Survey on the Convention concerning equal opportunities and equal treatment for men and women workers: Workers with Family Responsibilities Convention, 1981 (No. 156), it observes that social security legislation is often based on a model of society in which the man is the head of the family and the woman benefits from protection derived only from her husband's entitlements. However, it considered that social security should guarantee men and women equal protection and rights; it should not impose a model of society, but take into account the diversity of situations and individual choices. Regarding the Government's wish not to duplicate payment of family allowances, the Committee suggests that a provision allowing workers to choose who should receive the family allowances when a man and a woman are potential recipients, would circumvent such duplication.