Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

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

The Committee notes the annexes to the Government’s report, which were only received by the Office on 1 December 2005, including the information on employment in the Druze  community and on the employment of women. Because of the late arrival of these materials, the Committee will examine them together with the Government’s replies to the Committee’s previous comments.

1. Article 1 of the Convention. Discrimination on the basis of sex. Sexual harassment. The Committee thanks the Government for the information provided in reply to its general observation (2002) on sexual harassment. The Committee notes that both quid pro quo harassment and hostile work environment harassment is prohibited in Israel under the Prevention of Sexual Harassment Law (5758-1998). It also notes that a report, in English, is forthcoming on the application of the Act in the public sector. The Committee looks forward to receiving a copy of this  report, as well as  information on any practical measures taken or envisaged to prevent sexual harassment in the workplace, both in the public and private sectors. Please also provide details on the number and outcomes of sexual harassment cases dealt with by the labour inspectors and the courts in its next report.

2. Discrimination on the basis of pregnancy. The Committee understands that the Employment (Equal Opportunities) Act was amended in June 2004 to prohibit discrimination on the basis of pregnancy with respect to job applicants and employees. The Committee asks the Government to provide a copy of the relevant amendments and on the practical application of the new provisions, including relevant administrative or judicial decisions.

3. Article 2. National policy to promote equality of opportunity and treatment. Labour force participation of men and women. The Committee notes the statistics contained in the Government’s report. It notes in particular that despite the increased proportion of women in the workforce, a large number of female workers are concentrated in part-time employment and clustered in traditionally "feminine professions". It notes that women account for 64 per cent of all civil service employees yet remain under-represented in high-ranking posts (in 2003, women totalled 40 per cent of the top three ranks). The Committee requests the Government to:

(a)  continue to provide statistics on labour market participation disaggregated by sex in both the private and public sector, showing especially the sex ratios among various occupations and grades;

(b)  provide information on the measures taken or planned to promote equal opportunities of men and women in the workforce; and

(c)  provide information on the implementation of its multi-year plan for women’s employment in the civil service and indications on measures taken to ensure appropriate representation of women in high-ranking civil service posts.

4. National machinery to promote equality. With respect to the work of the Authority for the Advancement of the Status of Women, the Committee acknowledges the receipt of the Hebrew version of the Authority’s 2003 report. It notes the Government’s indication that an English copy of this document will be sent along with its next report for the Committee’s consideration. Recalling that the Government previously referred to plans to establish an enforcement mechanism under the Equal Rights for Women Act, as well as the establishment of a council on the advancement of girls and a forum for the empowerment of Arab and new immigrant women, the Committee requests the Government to indicate any progress in regard to the implementation of these measures. Noting the specific functions of the Authority for the Advancement of the Status of Women, the Committee asks the Government to provide detailed information on the specific steps taken by this body to promote and ensure gender equality in employment and occupation.

5. Equality of opportunity and treatment irrespective of race, colour or national extraction. The Committee notes that the Government initiated a programme in 2005 providing financial incentives to employers to increase the number of workers in national priority areas and among Arabs and ultra-orthodox Jews. It notes that as a result of this initiative, some 200 additional jobs were created in the Arab sector. Noting the Government’s intention to take similar steps in the near future, the Committee asks the Government to continue providing information on the implementation and impact of these measures including details on the kinds of jobs created. Additionally, the Committee asks the Government to provide up-to-date information on the implementation and impact of its multi-year plan with respect to access to education, training and employment for the non-Jewish parts of the population, including the Bedouin and Druze communities.

6. Article 3(e). Vocational training under the direction of a national authority. The Committee notes the information from the Bureau of Training and Workforce Development. It notes that the Bureau is targeting segments of the population afflicted by severe unemployment for affirmative action including Arabs, Druze and Bedouins. With reference to the special project "Train and Succeed", which is designed to assist poorly educated Arab/Muslim women attain the entry requirements for vocational training courses, the Committee notes that, according to the Bureau, these women are reluctant to join vocational training courses, which generally involve full-time work during the day away from their home towns. In this context, the Committee notes that the number of minority women trainees has declined significantly from 4,720 in 2001 to 1,674 in 2003. While noting that the Workforce Planning Authority shows placement rates of about 45 per cent among adult vocational training graduates, the Committee asks the Government to indicate the number of minority trainees disaggregated by sex who successfully enter the labour market. The Committee also invites the Government to indicate what measures it is contemplating to improve the employment opportunities of traditional women from the Muslim and Jewish ultra-Orthodox communities. Please continue to supply the Committee with statistics on the enrolment and completion of vocational training courses disaggregated by sex and where possible by ethnic origin and religious denomination.

7. Part IV of the report form. Judicial decisions. The Committee notes the Government’s indication that it will provide the materials requested in paragraph 8 of the previous direct request. The Committee reiterates its hope that the Government will supply copies of 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 Government’s previous report.