Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Israel (Ratification: 1959)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes that the general trend of declining labour force participation rate by Israeli men (Jews and non-Jews alike) coupled with increasing participation by Jewish women continued. It also notes that labour force participation of Arab Israeli women did not change much, from 13.5 per cent in 1995 to 13.4 per cent in 1999. The Committee notes from the report the special measures taken by the Government to enhance the access of employment of ultra orthodox Jewish women and Arab women, including the training programmes under the Bureau of Training and Workforce Development in the Ministry of Labour and Social Affairs aimed at enhancing the integration of these women. In addition, the Unit for the Advancement of Women and Girls, established within the Division for Training and Development of the Ministry of Labour and Welfare, organized two workshops for Jewish women and two for Arab women within the project on reduction of women’s poverty through employment in 2001. The Committee notes that the Bureau started a special project entitled "Train and succeed" which is primarily focused at Arab women, which included 16 courses in the north and the south of the country in 2000-01. The Committee notes that the Government hopes to assess the success of these programmes over the next two years and asks the Government to submit to it any such assessment, including information on the actual number of graduates successfully entering the labour market, follow-up to training provided, as well as information on any other measure taken or contemplated to improve the situation of Arab Israeli women and ultra-orthodox Jewish women in the labour market.

2. The Committee notes that the Commissioner of the Civil Service has issued a multi-year plan to advance women’s employment on the various levels within the civil service. The Committee requests the Government to continue to provide information on measures taken or contemplated to promote equal status of women, including in particular new immigrants and non-Jewish women in the civil service, including in decision-making positions. Please also provide more detailed information on the multi-year plan as well as copies of the yearly reports of the Department for the Promotion of Women in the Civil Service.

3. As regards the Authority for the Advancement of the Status of Women, the Committee notes that in 2001 the central theme of its work is "women in the world of work" and that it plans to develop and encourage policy in the realm of women’s employment. The Committee asks the Government to keep it informed on measures taken or planned by the Authority in the fields of policy formulation, vocational training and empowerment of women in economic matters in implementation of its work plan for the year 2001 and other activities relevant to promoting the application of the Convention. The Committee also requests information on the establishment and functioning of the planned mechanism for enforcement of the Equal Rights Law, as amended, as well as on the Council on the Advancement of Girls and the Forum for the Empowerment of Arab and New Immigrant Women. The Government is invited to provide a translation of the Act establishing the Authority as soon as possible.

4. The Committee had previously requested information on the measures taken to promote equality of opportunity and treatment for Israeli Arabs, Bedouin and other minorities in access to training and employment and to particular occupations, the results obtained as well as relevant statistical data. The Committee notes that the labour force participation rate of members of the Muslim and Druze communities has decreased from 40.1 per cent in 1995 to 38.4 per cent in 1999 and that final conclusions and statistics concerning vocational training programmes for minority groups are not yet available. It also notes the decision taken in October 2000 by the Government regarding a multi-year plan for development of Arab Sector Communities according to which the Government of Israel regards itself obligated to act to grant equal and fair conditions to Israeli Arabs in the socio-economic sphere, in particular in the areas of education, housing and employment. The Committee requests the Government to provide detailed information on the multi-year plan and its implementation and impact on the situation as regards access to education, training and employment of the non-Jewish parts of the population. In order to be able to appreciate the de facto impact on the situation of these groups as regards employment and occupation, the Committee requests information on the numbers of those successfully integrated into the labour market.

5. The Committee notes the information submitted by the Government in respect to the Act on the Prevention of Sexual Harassment of 1998, including on the steps taken as regards dissemination and training within the civil service and on the Supreme Court judgements in the State of Israel v. Amos Bruchin and the Eliezer Zarzur v. The Commissioner of the Civil Service case. The Committee notes that the Department for Advancement and Integration of Women in the Civil Service has received an increasing number of complaints on sexual harassment since the 1998 Act was passed which indicates that the Act is being implemented. The Committee asks the Government to continue to supply information on the impact of the Act.

6. The Committee notes from the information submitted by the Government to the United Nations Committee on Economic, Social and Cultural Rights in April 2001 (UN document E/1989/5/Add.14 of 14 May 2001) that the law concerning contract workers has been amended in 2000. The amendments provide, inter alia, that a contract worker is entitled, from the first day at the user enterprise, to the same rights enjoyed by that enterprise’s employees of similar occupation and seniority of workplace. According to the Government the amendments constitute a major reform, affecting 6 per cent of the salaried workers in Israel. Recalling that the Convention applies to all workers regardless of contract status or nationality, the Committee requests the Government to indicate how the Convention is applied to the contract workers and to submit a copy of the amendment.

7. With reference to Article 5, the Committee notes with interest the promulgation of the Equal Rights for People with Disabilities Law in 1998 which contains the general prohibition of discrimination of persons in employment because of their disability and that section 3 of the Law provides that any act intended to correct previous or present discrimination against persons with disabilities, or which is intended to promote the equality of persons with disabilities, shall not be deemed to be prohibited discrimination.

8. The Committee requests the Government to continue to supply copies of any administrative or judicial decisions issued relevant to the principle of non discrimination in employment and occupation, including decisions issued under section 43 of the Employment Service Act. The Committee would also appreciate receiving a copy of the 1999 decision of the Be’er Sheva District Court in the case of Simi Nidam v. Rali Electrics and Electronics, referred to in the report of the Government.