Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Angola (Ratification: 1976)

The Committee recalls that in previous observations it referred to the comments submitted by the National Union of Angolan Workers (UNTA) related to cases of age discrimination. The Committee notes that the Government indicates in this respect that the maximum age for eligibility to work in the public service is 35 years and that enterprises shall submit requests to employment centres for the workers they need. With respect to the maximum age requirement of 35 years, the Committee considers that such a requirement is likely to be indirectly discriminatory against women as it may particularly affect women wishing to enter or re-enter the labour market following an absence for maternity and child rearing. In this respect, the Committee encourages the Government, in collaboration with workers’ and employers’ organizations, to take measures to ensure that women are not indirectly discriminated against in access to employment due to the maximum age requirement. The Committee requests the Government to provide information on the measures taken in this regard.

The Committee notes the Government’s indication that some resolutions were adopted in order to ensure women’s participation in the management of private and public entities and that a Gender Project is being implemented with the assistance of the ILO. The Government further indicates that in 2009 there were 319,003 employees in the public sector, of which 107,164 were women, and that there are no statistics concerning the informal economy. The Committee requests the Government to continue to supply statistical information and hopes that the Government will take the necessary measures to improve the collection of such data so as to include information on the representation of men and women in the different industries and occupations, as well as indications as to the representation of women in decision-making positions and the share of men and women considered to work in the informal economy.

The Committee further notes that the Government’s report contains no reply to certain points raised in its previous comments. The Committee is therefore bound to repeat its previous observation, which read in relevant parts, as follows:

Discrimination in practice. The Committee notes that, although the Government has put in place legal provisions concerning discrimination in employment and occupation, including sections 3 and 268 of the General Labour Act No. 2/00, discrimination continues to occur in practice. In its report the Government states that violations of the non-discrimination provisions occur particularly in the private sector where imbalances in the participation in decision-making positions and a tendency to exclude women during and after maternity can be observed. The Government previously reported that gender-based discrimination also exists in the informal economy. As noted by the Committee previously, there is also a significant gender imbalance in the judiciary and as regards management positions in the civil service.

In its report, the Government states that it was difficult to measure the incidence of gender-based discrimination as women do not file petitions or complaints due to shortcomings in the “legal culture”. The Government also states that it has made efforts to raise awareness of legal matters, particularly among women, by expanding information and education programmes on women’s rights, using different national languages and various forms of communication. Efforts were also being made to address discriminatory cultural and traditional practices still prevailing in the country, which, for instance, lead to unequal access of girls to education. The Government, in a very general manner, also refers to the National Strategy and Strategic Framework to Promote Gender Equality and the Rural Growth and Development Programme which includes a programme for the economic empowerment of women. The report refers to the preparation and use of gender-disaggregated data, although such data has not been provided.

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• (ii) The Committee encourages the Government to continue and intensify its efforts to raise awareness and understanding of the principle of non-discrimination and the related legislation among men and women, and requests the Government to indicate the specific activities carried out to this end. Given the reports of discrimination based on sex and pregnancy in the private sector, the Committee requests the Government to indicate the measures taken or envisaged to enhance the capacity of the labour inspectorate and other competent authorities to identify and address discrimination in employment and occupation. Please also provide information regarding whether the competent authorities have addressed any such cases, and if so, the results thereof.
• (iii) The Committee considers that the Government should take specific and proactive measures to promote and ensure equality of opportunity and treatment of women in the civil service, including the judiciary, and it asks the Government to indicate any measures taken or envisaged in this regard, including measures to ensure that women have access to management positions on an equal footing with men.
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The Committee is raising other points in a request addressed directly to the Government.