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

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Jordan (Ratification: 1963)

National policy and legislation. Prohibition of discrimination based on all the grounds listed in the Convention. The Committee recalls that in implementing a national policy designed to promote equality of opportunity and treatment in employment and occupation with a view to eliminating discrimination in accordance with Articles 2 and 3 of the Convention, attention should be given to all the grounds set out in Article 1(1)(a). The Committee notes, however, that for a number of years, the Government has persistently failed to provide information on measures taken to promote and ensure equality of opportunity and treatment in employment and occupation, and to address de facto inequalities which may exist with respect to the grounds covered by the Convention, other than sex. The Committee notes that in its most recent report, the Government, referring to sections 6 and 23 of the Constitution and section 2 of the Labour Code, merely states that the provisions of the law apply to all workers regardless of sex, nationality, race, colour and religion and that any other rights and privileges specified in the law apply to all workers without discrimination. The Committee notes that sections 6 and 23 of the Constitution guarantee for all Jordanians the right to work and their equality before the law without discrimination based on race, language and religion, and that section 2 of the Labour Code defines a “worker” as being a “any person, male or female, who performs work in return for wages or who is attached to an employer, and under his order, including young persons, and persons who are under probation or training”. The Committee must observe, however, that the above provisions fall short of effectively prohibiting discrimination on the grounds enumerated in Article 1(1)(a) and with respect to all aspects of employment and occupation. The Committee draws the Government’s attention to the importance of reviewing continually the protection afforded by the national legislation to ensure that it remains appropriate and effective. In the absence of a clear legislative framework, the Committee asks the Government to take all necessary measures to ensure effective protection, in law and in practice, against discrimination in employment and occupation with respect to the grounds of race, colour, national extraction, religion, political opinion and social origin. In this regard, and recalling that providing for effective legislative protection against discrimination is an important step in implementing a national equality policy, the Committee strongly encourages the Government to adopt legislative provisions specifically prohibiting and defining direct and indirect discrimination based on at least all the grounds enumerated in Article 1(1)(a) of the Convention and in all areas of employment. The Government is further requested to indicate all measures taken to address any de facto inequalities that may exist with respect to the grounds covered by the Convention in respect of access to vocational training and guidance, access to employment and particular occupations, including recruitment, as well as with respect to all terms and conditions of employment.

Access of women to the civil service. The Committee recalls that for a number of years it has been pointing out the persistence of occupational segregation of women in the civil service and has pointed out that the criterion of seniority, when applied for purposes of promotion into higher posts, should not lead to indirect discrimination against female civil servants. The Committee had urged the Government to take effective steps to address occupational gender segregation, and to address the issue of women having an insufficient number of accumulated years of experience and knowledge. The Committee notes from the statistics provided by the Government, which unfortunately do not provide an indication of the particular year they cover, that women continue to be underrepresented in the civil service, especially at higher levels, such as in leading posts where they account for only 10.1 per cent of workers at that level, and in supervisory posts, where they represent 37.9 per cent of workers, the majority of whom are in the education sector (60.45 per cent). The Committee notes that the Government once again does not provide information on the specific steps taken to address occupational segregation, to ensure an equitable application of the criterion of seniority and to promote women to higher level posts, but rather indicates that the Civil Service Regulations ensure equal opportunities for men and women in all positions, including in high-ranking, leading and supervisory posts and that the criteria used to appoint officials in the civil service ensures equality between men and women. The Committee stresses that the Government has the obligation, under the Convention, to address both direct and indirect discrimination based on sex, with respect to employment and occupation in the civil service. The Committee, therefore, urges the Government to take immediate and effective steps to address occupational gender segregation in the civil service, including taking measures to overcome the problem of women having an insufficient number of accumulated years of experience and knowledge, and to promote women to higher level posts. Please continue to provide up-to-date statistics on the distribution of male and female employees in all posts of the civil service enabling the Committee to make an assessment over time of the progress made in promoting access of women to all levels of the civil service.

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