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

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes with deep concern that the Government’s report, which has been due since 2019, has not been received. In view of the urgent appeal made to the Government in 2021, the Committee is proceeding with the examination of the application of the Convention on the basis of the information at its disposal.

Articles 1(1)(a) and 5 of the Convention. Discrimination based on sex. Restrictions on women’s employment. In the absence of information on this subject, the Committee is bound to reiterate its previous comment:

The Committee recalls that, in its previous comments, it emphasized that the Labour Code contains restrictions on women’s employment (section 27) which are not limited to the protection of maternity and it requested that the Government take the necessary steps, in the context of labour legislation reform, to ensure that these restrictions do not go beyond the protection of maternity. The Committee notes that the Government’s report does not contain any information in this regard and is bound to repeat its requests. The Committee once again asks the Government to take the necessary steps to ensure that any restriction on women’s employment laid down in the future Labour Code is strictly limited to the protection of maternity and is not based on stereotypes regarding women’s professional abilities and role in society without account being taken of their real capacity to perform the job in question. The Committee also asks the Government to consider other steps, such as better safety and health protection for men and women, adequate transport or social services, that might be necessary to allow women the same opportunities as men regarding access to all types of employment and to provide information on any measures taken for that purpose.

Article 2. Equality of opportunity and treatment for men and women. Private sector. The Committee notes that, according to the statistics available in ILOSTAT, the total labour force participation of women was 29.3 per cent in 2019. The Committee notes that, during the examination by the CEDAW of the report submitted by Lebanon in February 2022, the Government representative indicated that, following the explosion on 4 August 2020 in the port of Beirut and the economic collapse of the country, Lebanon was experiencing a real collapse of its political and socio-economic structures, with half of the population now living below the poverty level. She also referred to the preparation of a report containing an analysis of the laws and regulations which were hindering the economic participation of women (press release, Office of the United Nations High Commissioner for Human Rights, 18 February 2022). The Committee notes, from the concluding observations of the CEDAW: (1) the adoption in January 2019 of a national plan for the economic empowerment of women; (2) the adoption in 2018 of the action plan of the National Commission for Lebanese Women (2018-22); and (3) the adoption in 2017 of a national gender equality strategy (2017-30), based on the previous national strategy for women in Lebanon (2011-21). The Committee notes that, among other action, the CEDAW recommends the country to: (1) adopt and implement policies to eliminate horizontal and vertical occupational segregation, including by encouraging women and girls to select non-traditional career paths, and by eliminating gender bias and breaking the glass ceiling that prevents women from attaining senior management positions; and (2) promote the equal sharing of family and domestic responsibilities between women and men, increase the availability of childcare facilities and introduce flexible working arrangements to enable both women and men to reconcile family and professional life (CEDAW/C/LBN/CO/6, 1 March 2022, paragraphs 5 and 40). The Committee requests the Government to provide detailed information on:

• (i)all the measures taken to eliminate discrimination against women and to promote gender equality in employment and occupation, particularly within the context of the implementation of the National Strategy for the Economic Empowerment of Women adopted in 2019 and the National Gender Equality Strategy (2017-30);
• (ii)the results achieved in terms of the revision of discriminatory laws and the promotion of women’s employment in the private sector, particularly in occupations traditionally carried out by men and in jobs offering career prospects; and
• (iii)all measures adopted or envisaged to promote the equitable sharing of family responsibilities between parents and to enable them to reconcile work and family responsibilities, and to increase the availability of childcare services and structures.

Non-nationals. Refugees. The Committee recalls that for many years the country has been hosting on its territory an ever-increasing number of refugees. It also recalls that, while the Convention does not cover discrimination on the ground of nationality, it protects non-nationals on an equal footing with nationals against discrimination on the grounds of sex, race, colour, religion, political opinion, national extraction and social origin, in accordance with Article 1(1)(a). In the absence of a report from the Government, the Committee notes that, when the CEDAW examined the report submitted by Lebanon, the Government representative of Lebanon regretted that the national education system could not cope with the influx of child refugees, even though it was endeavouring to do everything possible to ensure a minimum of access to school, and that the country was not able to provide all essential services to the whole refugee community (press release of 18 February). In this respect, the Committee notes the concluding observations of the United Nations Committee on the Elimination of Racial Discrimination (CERD) in which, while commending the commitment of Lebanon to refugee issues, CERD indicates that: (1) the country is hosting a large number of refugees, including over 200,000 Palestinian refugees, around 1.5 million Syrian refugees and about 16,500 refugees of other nationalities; (2) it is “very concerned about reports of the increasing use of racist hate speech against migrants and refugees, including on the Internet and social media, as well as by public figures and politicians, a phenomenon that has intensified during the economic crisis and the COVID-19 pandemic”; (3) it recommends conducting “public awareness campaigns aimed at tackling prejudice and misinformation concerning migrants, asylum seekers and refugees and promoting respect for diversity and the elimination of racial discrimination”; (4) since December 2014, “legal employment for Syrian nationals has been restricted to the construction, agriculture and sanitation sectors; and (5) it recommends lifting “the restriction imposed on Syrian nationals with regard to the sectors in which they may work” (CERD/C/LBN/CO/23-24, 1 September 2021, paragraphs 4, 14, 15(c), 22(d) and 23(d)). With reference more particularly to the right of Palestinian nationals to exercise professions from which they were excluded, and some of which require membership of a trade union, such as the liberal professions, the public administration and others, the Committee notes that a Decree was adopted in this respect in November 2021, but that its implementation was rescinded on 3 February 2022 by the State Shura Council. While recognizing the difficult situation experienced by the country, the Committee requests the Government to provide information on the measures adopted or envisaged to ensure effective protection for refugees against any discriminatory practice on the basis of race, colour, national extraction and social origin, including sexual harassment, in relation not only to access to employment, but also in respect of working conditions (hours of work, remuneration, etc.). The Committee also requests the Government to:

• (i)provide further information on the suspension of the Decree of 2021 on the occupations reserved for Lebanese nationals and the adoption of any further decree on the subject;
• (ii)indicate precisely the occupations reserved for Lebanese nationals; and
• (iii)provide the available data, where possible disaggregated by sex, on the labour force participation rates of Palestinian and Syrian workers, with an indication of the type of work that they carry out.

Enforcement. In the absence of recent information on this subject, the Committee once again requests the Government to:

• (i)adopt the necessary training and awareness-raising measures to enable labour inspectors to better identify discriminatory practices against workers, including migrant workers, particularly with regard to recruitment (for example by examining vacancies and the selection procedures used);
• (ii)ensure that complaints procedures are established that are accessible to workers and based on the principles of confidentiality and protection against reprisals; and
• (iii)provide information on any cases of discrimination detected by the labour inspection services or brought to the attention of the Ministry of Labour or referred to the courts.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes with deep concern that the Government’s report, due since 2019, has not been received. In light of its urgent appeal launched to the Government in 2021, the Committee proceeds with the examination of the application of the Convention on the basis of the information at its disposal.

Article 1 of the Convention. Protection of workers against discrimination. Legislation. The Committee recalls that section 26 of the Labour Code of 1946, as amended, prohibits employers from discriminating between men and women workers only in relation to certain aspects of employment: the type of work, the level of the wage, employment, promotion, advancement, vocational aptitude and dress. It notes with regret that this serious situation has not changed despite the fact that it has been drawing the Government’s attention to this matter for over 20 years and has been requesting it to introduce into the Labour Code a definition and a general prohibition of direct and indirect discrimination on at least all of the grounds set out in Article 1(1)(a) of the Convention (namely, race, colour, sex, religion, political opinion, national extraction and social origin) and covering all aspects of employment and occupation within the meaning of Article 1(3) (namely, access to vocational training, access to employment and to particular occupations, and terms and conditions of employment). The Committee notes the information communicated by the ILO Regional Office for the Arab States in Beirut, according to which the draft text of the new Labour Code was finalized by the Ministry of Labour at the beginning of 2021 and then communicated to the Council of Ministers and referred to the Ministry when the new Government was formed in September 2021. The Committee notes that the reform of the Labour Code is therefore still under way and has not been completed. While recognizing the difficult situation prevailing in the country, the Committee once again urges the Government to: (i) take the necessary measures to ensure that the new Labour Code contains provisions defining and prohibiting direct and indirect discrimination on at least all of the grounds set out in Article 1(1)(a) of the Convention, and covering all aspects of employment and occupation, as defined in Article 1(3), and particularly access to vocational training, and access to employment and to particular occupations; and (ii) provide detailed information on any progress achieved with a view to adopting the draft Labour Code. In the absence of full legislative protection against discrimination, the Committee also once again requests the Government to adopt specific measures to ensure in practice the protection of all workers, including domestic migrant workers and non-nationals, in all sectors of the economy, against discrimination on grounds of race, colour, religion, political opinion, national extraction and social origin in employment and occupation, including awareness-raising and prevention measures for workers, employers and their respective organizations (national campaigns, tripartite seminars and so on).

Article 1(1)(a). Discrimination on the basis of sex. Sexual harassment. While reiterating its concern at the absence of a Government report, the Committee takes due note of the following positive development: the adoption on 21 December 2020 of Act No. 205 on the criminalization of sexual harassment and the rehabilitation of victims, which covers all fields, including the workplace, public institutions and education establishments. The Committee notes that the Act defines sexual harassment as “any repeated behaviour with a sexual connotation, which is extraordinary and unwanted by the victim, and which prejudices the victim’s physical safety, private life and feelings, whether it consists of words, acts, gestures, suggestions or insinuations with a sexual or pornographic connotation”, including by electronic means. Sexual harassment also includes “any act or initiative, whether or not repeated, which makes use of means of pressure that are psychological, moral, material or have a racial connotation with a view to obtaining a favour of a sexual nature for the perpetrator or for another person”. The Act provides for heavier penalties, particularly in the case of sexual harassment in the context of a work relationship, and protection against reprisals for victims and witnesses, particularly in terms of remuneration, promotion, the renewal of the employment contract and the prohibition of disciplinary penalties. It also specifies that criminal prosecution does not prevent the imposition of disciplinary penalties on the perpetrator, and provides for the creation of a special fund to assist victims. While observing that the Act is a fundamental first step in combating sexual harassment in employment and occupation, the Committee notes that: (1) criminal provisions are not completely adequate in discrimination cases because, inter alia, they do not always provide a remedy to the victim and are very unlikely to cover all forms of conduct that amount to sexual harassment; (2) the Act is not specific to the fields of employment and occupation, in which sexual harassment may also have a significant impact on the economic situation of workers, including on their retention in employment and on their professional careers; (3) it does not explicitly cover one of the two forms of sexual harassment, namely, the creation of a hostile work environment; and (4) it does not contain any measures relating to prevention, particularly the evaluation of the risk of harassment, nor to information and training for workers, nor even to internal procedures for dealing with cases of sexual harassment, such as through the establishment of a complaint, investigation and penalty mechanism. The Committee also recalls that the sole section of the current Labour Code that could be applied in cases of sexual harassment is a provision that authorizes employees to leave their jobs without notice when “the employer or his representative commits an offence against the morals of the worker” (section 75(3)). The Committee observes that this provision does not afford sufficient protection for victims of sexual harassment as, in practice, it has a punitive effect on workers (who lose their employment) and could even dissuade them from making complaints. While noting the legal framework established by Act No. 205 of 2020 for the criminalization of sexual harassment and the rehabilitation of victims, and in light of the above, the Committee requests the Government to take measures to amend the Act accordingly and to include in the future Labour Code provisions: (i) defining and prohibiting sexual harassment in all its forms (quid pro quo and hostile environment) without requiring the acts to be repeated, and explicitly prohibiting it in relation to all aspects of employment, including recruitment; (ii) covering all workers, including domestic workers, in all economic sectors; and (iii) envisaging the adoption and implementation of prevention measures and complaint, investigation and penalty mechanisms at the enterprise level. In the meantime, the Committee also requests the Government to take measures for the dissemination of the provisions of Act No. 205 of 2020 to workers, employers and their respective organizations, as well as those responsible for their promotion and enforcement (labour inspectors, judges and so on). It also requests the Government to provide information on the number, nature and outcome of complaints lodged under Act No. 205 of 2020 and on any interpretation by the courts of the legal definition of sexual harassment, and particularly the term “extraordinary”.

Discrimination based on sex, race, colour, national extraction and social origin. Multiple discrimination. Foreign domestic workers. For nearly 20 years, the Committee has been examining the measures taken by the Government to address the lack of legal protection for domestic workers, most of whom are foreign women, since these workers are excluded from the scope of the Labour Code and are particularly vulnerable to abuse and discrimination, including harassment, on the basis of sex and other grounds, such as race, colour and ethnic origin. In this regard, the Committee also refers to its comments under the Forced Labour Convention, 1930 (No. 29). It recalls that in 2016, in its concluding observations, the United Nations Committee on the Elimination of Racial Discrimination (CERD) noted with concern that “abuse and exploitation of migrant domestic workers continues to occur” despite the measures taken by the State party. It observes that, in its concluding observations in 2021, the CERD continues to express concern about “the sponsorship system (kafala), which results in employers exercising excessive control over migrant domestic workers, rendering them vulnerable to abusive working conditions, in particular non-payment of wages, long working hours, confiscation of their passports, and psychological and physical abuse including sexual violence, treatment that has intensified during the COVID-19 pandemic”. It reiterated its “concern that domestic workers, who are mainly women from Africa and Asia, remain excluded from the protection guaranteed by the Labour Code” (section 5) (CERD/C/LBN/CO/23-24, 1 September 2021, paragraph 24). With regard to the access of migrant domestic workers to justice, the Committee refers to the report The Labyrinth of justice: Migrant domestic workers before Lebanon’s courts, prepared in 2020 by the non-governmental organization Legal Agenda, in collaboration with the ILO Regional Office for the Arab States. It also notes the information provided to CERD by the Government in its national report concerning the establishment of a central office and a hotline for receiving complaints from migrant domestic workers, and the measures to raise the awareness of these workers of their rights under the labour legislation (CERD/C/LBN/23-24, 29 January 2019, paragraph 200). In this respect, it notes that, in its concluding observations, the CERD indicates that it remains deeply concerned by: (1) the fact that, despite those efforts, many foreign workers, notably domestic workers and in particular women, are unaware of the remedies available to them in the event of a violation of their rights; (2) the existence of obstacles that may hinder foreign workers’ access to justice, for example reluctance to file complaints for fear of negative repercussions, such as expulsion from the country; and (3) the fact that perpetrators of violence go unpunished. The Committee also notes that the CERD recommended Lebanon to: (1) take measures to remove barriers to access to justice for foreign workers, notably domestic workers and in particular women; (2) ensure that foreign workers can submit complaints regarding abusive labour practices to independent and effective mechanisms, without fear of suffering negative repercussions; (3) enforce existing protective laws and policies for migrant workers and ensure that all reported cases of abuse against them are investigated and, where appropriate, prosecuted, and that perpetrators are punished appropriately and victims provided with reparation; and (4) ensure that labour inspectors are empowered to examine the working conditions of migrant domestic workers in the homes of private employers (CERD/C/LBN/CO/23-24, paragraphs 26 and 27).

With regard more specifically to the kafala (sponsorship) system, the Committee notes the information provided by the Government to the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) in response to a list of issues and questions in relation to its sixth periodic report (CEDAW/C/LBN/RQ/6, 18 February 2021). It notes that, following a decision taken in February 2021 by the General Directorate of General Security, employers are prohibited from filing criminal “flight” complaints against domestic workers when they leave their sponsors’ homes. The criminal procedure has been replaced by an administrative procedure under which the employer may now file an administrative notification form at a General Security station reporting that the domestic worker has left the employer’s home, thereby waiving any civil responsibility arising from the employment relationship. Moreover, the General Directorate of General Security is also prohibited from using in all official records terms such as “flee” or “escape”, which have been replaced by the expression “left the workplace” (CEDAW/C/LBN/RQ/6, page 20).

Recalling its previous comments and noting with deep concern that the situation remains unchanged, and that it has even deteriorated due to the economic and health crisis suffered by the country, the Committee urges the Government to:

• (i)take the necessary measures, in cooperation with the social partners, to ensure that migrant domestic workers benefit from full and effective protection, in law and practice, against direct and indirect discrimination on all of the grounds set out in the Convention, including against sexual harassment, and in all areas of their employment, either through the adoption of a specific comprehensive Bill or in the framework of the future Labour Code;
• (ii)in this context, consider the possibility of including domestic workers in the scope of application of the Labour Code through an amendment to section 7;
• (iii)ensure that any new rule envisaged to regulate the right of migrant domestic workers to change employer does not in any event impose conditions or restrictions that are likely to increase their dependence on their employers and thereby increase their vulnerability to potential abuse and discriminatory practices;
• (iv)provide information on the application and compliance with the decision of February 2021 of the General Directorate of General Security prohibiting employers from filing criminal complaints for “flight”; and
• (v)improve the procedure for receiving and dealing with complaints by migrant domestic workers, including the hotline and, more generally, ensure that they have effective access to justice.

Model employment contract. In the absence of a report from the Government, the Committee notes the information concerning women migrant domestic workers provided by the Government in its report to the CEDAW in response to the list of issues and questions in relation to its sixth periodic report (CEDAW/C/LBN/RQ/6, 11 February 2021, page 20). It notes in particular the Government’s indication that: (1) on 8 September 2020, the Minister of Labour issued a decree on the standard employment contract of domestic workers, although it has not brought an end to the kafala (sponsorship) system; and (2) “[o]n 21 September 2020, attorneys for the Syndicate of Owners of Domestic Worker Recruitment Agencies filed a lawsuit against the Lebanese State and the Ministry of Labour (case No. 24340/2020) before the State Shura Council, which decided to suspend implementation of the minister’s decision because of fundamental irregularities” (CEDAW/C/LBN/RQ/6, p. 20). The Committee notes that, during the examination by CEDAW of the report of Lebanon in February 2022, the Government representative indicated, with reference to the model employment contract, that it was intended to achieve uniform working conditions for women domestic workers and provide them with greater protection. She added that the contract was also intended to combat the kafala system and, even if its implementation had been suspended, the project had not been abandoned and Lebanon was continuing to work with its international partners, including the ILO (press release of the Office of the United Nations High Commissioner for Human Rights of 18 February 2022). Lastly, the Committee notes the concluding observations of the CEDAW, in which it recommends Lebanon to: (1) amend the Labour Code to extend its protection to domestic workers; (2) strengthen labour inspections to monitor the working conditions of domestic workers effectively and to investigate and punish abuses; (3) ensure that migrant domestic workers have explicit, written terms of employment outlining their specific duties, hours, remuneration, days of rest and other conditions of work, in contracts that are free, fair and fully consented to, together with information on access to complaint mechanisms; and (4) ensure that women migrant domestic workers have adequate access to justice (CEDAW/C/LBN/CO/6, 1 March 2022, paragraph 50). The Committee recalls that the model employment contract on the rights and duties of men and women migrant workers and their employers was prepared in collaboration with the ILO Regional Office for the Arab States in Beirut and that, as the reform of the Labour Code has still not been completed, these workers are still excluded from its scope of application and are not therefore covered by its protective provisions. The Committee notes that, within the framework of its collaboration with the Government, the ILO Office in Beirut reactivated in February 2022 the working group on migrant domestic workers, established with local and international human rights organizations and with the participation of the International Organisation for Migration (IOM) and the Office of the United Nations High Commissioner for Human Rights (OHCHR). The Committee further notes a drastic reduction in the number of migrant domestic workers in the country over the past two years and that, according to the data provided by the Ministry of Labour to the ILO Regional Office, at the end of 2021, only 9,762 new migrant domestic workers had been recruited (compared with 33,075 at the end of 2019 and 67,793 at the end of 2017), and that the total number of such workers with a work permit was 65,825 in 2021 (compared with 184,196 in 2019 and 164,884 in 2017). In view of the serious consequences of the COVID-19 pandemic on migrant domestic workers, and particularly on women migrant domestic workers, and the increased risk of vulnerability to discrimination and exploitation that they have faced, and still are facing, the Committee requests the Government to take measures without delay to ensure that the model employment contract for men and women migrant domestic workers:

• (i)is adopted and implemented as soon as possible;
• (ii)establishes decent employment, labour and living conditions, in particular in relation to wages, hours of work, termination of employment, the right of workers to remove themselves in the event of danger, and freedom of movement, the prohibition for employers to retain their identity and residence documents, and their accommodation conditions;
• (iii)contains no provisions liable to place domestic workers in a situation of vulnerability in relation to discrimination, exploitation and abuse.

Article 2. Equality of opportunity and treatment for men and women. Occupational segregation. Public service. The Committee recalls that it highlighted substantial gender disparities among higher categories of public employees and requested the Government to examine the causes and actively promote the access of women to a greater number of positions at all levels, including positions of responsibility. It also recalls that it emphasized the low proportion of women in the highest category of the public service (25.4 per cent in 2016). The Committee notes the Government’s indication, in its report to the CEDAW, that: (1) the Basil Fleihan Institute of Finance and Economics of the Ministry of Finance offers training opportunities on an equal and ongoing basis to support career paths and trailblazing roles for women, particularly in economic and financial positions and departments; and (2) the proportion of women taking part in these training courses increased from 41.19 per cent in 2017 to 50.6 per cent in 2018 and to 58.7 per cent in 2019 (CEDAW/C/LBN/6, 27 July 2020, paragraph 98). In the absence of more recent information in this regard, the Committee is bound to reiterate its request to the Government to examine the reasons why women have such low representation among the highest category of public employees and, based on its conclusions, to take measures to eliminate obstacles to gender equality and actively promote the access of women to a greater number of positions at all levels, and particularly higher levels.

Enforcement. In the absence of recent information on this subject, the Committee once again requests the Government to:

• (i)adopt the necessary training and awareness-raising measures to enable labour inspectors to better identify discriminatory practices against workers, including migrant workers, particularly with regard to recruitment (for example by examining vacancies, or the selection procedures used);
• (ii)ensure that complaints procedures are established that are accessible to workers and based on the principles of confidentiality and protection against reprisals; and
• (iii)provide information on any cases of discrimination detected by the labour inspection services or brought to the attention of the Ministry of Labour or referred to the courts.

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

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2022, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

The Committee notes the observations of the General Confederation of Lebanese Workers (CGTL) communicated by the Government with its report.

Articles 1(1)(a) and 5 of the Convention. Discrimination based on sex. Restrictions on women’s employment. The Committee recalls that, in its previous comments, it emphasized that the Labour Code contains restrictions on women’s employment (section 27) which are not limited to the protection of maternity and it requested that the Government take the necessary steps, in the context of labour legislation reform, to ensure that these restrictions do not go beyond the protection of maternity. The Committee notes that the Government’s report does not contain any information in this regard and is bound to repeat its requests. The Committee once again asks the Government to take the necessary steps to ensure that any restriction on women’s employment laid down in the future Labour Code is strictly limited to the protection of maternity and is not based on stereotypes regarding women’s professional abilities and role in society without account being taken of their real capacity to perform the job in question. The Committee also asks the Government to consider other steps, such as better safety and health protection for men and women, adequate transport or social services, that might be necessary to allow women the same opportunities as men regarding access to all types of employment and to provide information on any measures taken for that purpose.

Article 2. Gender equality. Civil service. The Committee notes the detailed statistics provided by the Government regarding the number of men and women employed in the civil service. The Committee observes that, while 43.3 per cent of officials in the public administration are women, only 25.4 per cent of officials in the highest category are women. The Committee asks the Government to identify the steps taken or envisaged to identify the underlying causes of this de facto inequality and to actively promote access for women to a greater number of posts at all levels, particularly those in the higher categories, and to continue to provide statistics disaggregated by sex, evaluating the impact of these measures.

Gender equality. Private sector. In its previous comments, the Committee highlighted the existence of substantial occupational segregation between men and women in the labour market and in training. The Committee notes the concluding observations of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) in which it expressed concern about “the lack of measures to promote the concept of shared family responsibilities and to combat the difficulties that women face in combining work and family responsibilities.” The CEDAW also expressed concern about “women’s limited access to the formal labour market, … occupational segregation and … the high percentage of women in low-paid jobs, such as service sector workers and salespersons, administrative staff and mid-level professionals” (CEDAW/C/LBN/CO/4-5, 24 November 2015, paragraph 35). The Committee also notes that the CGTL indicates that the rights provided under the Labour Code do not ensure equal protection for men and women and suggests that a seminar on legislation be held, following consultations with workers’ and employers’ organizations and the Government, with a view to developing a joint code of conduct aimed at ensuring equality of treatment and opportunity. The trade union also indicates that it encourages the executive authorities to propose an amendment to the Labour Code and then for the legislature to adopt that amendment. The Committee notes that the Government refers to the third annual report (2015) on the implementation of the National Strategic Plan for Women in Lebanon, which details the action and activities undertaken by some non-governmental organizations and international organizations, including lobbying to amend the labour legislation and training for women to enter and make progress in the labour market. This report indicates that the Minister of Social Affairs has implemented programmes for women’s economic independence and support services for women who work. The Committee also notes that, in the framework of the National Strategy for Women (2011–21), a new plan of action was adopted for the period 2017–19 with the aims of: (i) eliminating the discriminatory provisions in the laws governing the work of women; (ii) raising the awareness of women of their labour rights and the opportunities available; and (iii) developing women’s skills to improve their participation in economic activity. The Committee asks the Government to provide detailed information on all the measures taken to eliminate discrimination against women and to promote equality between men and women in employment and occupation. More specifically, the Committee asks the Government to report on the steps taken to implement the National Strategy for Women 2011–21, including within the framework of the National Plan of Action 2017–19, identifying the results achieved in terms of the revision of discriminatory laws and the promotion of women’s employment in the private sector, particularly in occupations traditionally carried out by men and in occupations offering career prospects.

Foreign domestic workers. Model employment contract. In its previous comments, the Committee expressed concern regarding the general wording of clause 16(a) of the model employment contract adopted in 2009 (termination of employment by the employer if the worker commits a deliberate mistake, negligence, aggression or threats, or harms the interests of the employer or any member of his or her family) and the adverse consequences for the worker exercising the right to terminate the contract under clauses 17(a) (non-payment of wages for three months) and 17(b) (violence, abuse or harassment by the employer), since termination will always result in the foreign domestic worker having to leave the country. The Committee also notes that, in its concluding observations, the United Nations Committee on the Elimination of Racial Discrimination (CERD) expressed concern at “the unfavourable working conditions set under the standard employment contract for domestic workers” (CERD/C/LBN/CO/18-22, 5 October 2016, paragraph 41). Referring to its observation, the Committee notes the Government’s indication that the model employment contract defines the relationship between the employer and the worker and, more generally that the relationship between employers and domestic workers is being examined by the national steering committee of the Ministry of Labour. The Committee trusts that the analysis undertaken by the Ministry of Labour will lead to a re examination and revision of the clauses of the model employment contract that are likely to place domestic workers in a situation of vulnerability with regard to discrimination and abuse.

Non-nationals. The Committee notes that, for many years, the country has hosted an increasing number of refugees. According to a report of the Office of the United Nations High Commissioner for Refugees (UNHCR) entitled “Global trends: Forced displacement in 2017”, Lebanon hosts the largest number of refugees relative to its national population: one in six inhabitants is a refugee. The Committee notes that, in its concluding observations, CERD states that the country hosts a large number of refugees, including more than 500,000 Palestinians and an estimated 1.1 million Syrians. In this regard, CERD noted “with concern that refugees are allowed to work only in certain sectors” and, while recognizing that the influx of refugees puts pressures on the State infrastructure, it noted “with concern the number of circulars restricting the admission of non-Lebanese pupils to public schools” (CERD/C/LBN/CO/18-22, 5 October 2016, paragraphs 5, 33–35). The Government reports that no discriminatory practices against Palestinians exist in employment and that the decision regarding the occupations reserved for Lebanese nationals is adopted each year. The Committee recalls that, while the Convention does not cover the discrimination on the ground of nationality, it covers non-nationals on an equal footing with nationals so that non-nationals are protected against discrimination on the grounds of sex, race, colour, religion, political opinion, national extraction or social origin, under Article 1(1)(a). Although aware of the difficulties resulting from the huge influx of refugees into the country in recent years, the Committee asks the Government to provide information on the measures adopted or envisaged to ensure effective protection for refugees against any discriminatory practice on the basis of race, colour, national extraction or social origin, including sexual harassment, regarding not only access to employment but also working conditions (hours of work, remuneration, etc.). The Committee once again asks the Government to identify the occupations reserved for Lebanese nationals and to provide the available data, if possible disaggregated by sex, on the labour force participation of Palestinians and Syrian nationals, with an indication of the type of work that they carry out.

Enforcement. The Committee notes the information provided by the Government. The Committee observes in particular the Government’s indication that the Beirut labour inspectorate has not recorded any cases of discrimination on the grounds of religion, race or gender. The Committee also notes that the Government recognizes that if cases of management-sanctioned discrimination do exist, they would not be openly acknowledged. The Government also recognizes that workers may deny the existence of discriminatory practices for fear of losing their job, even where such practices exist, perhaps unintentionally. According to the Government, it remains for workers to report the existence of discriminatory practices and to contact the Ministry of Labour or other competent authorities in order to end those practices. Noting this information, the Committee asks the Government to introduce the necessary training and awareness raising to enable labour inspectors to better identify discriminatory practices during their inspections of enterprises, particularly with regard to recruitment (for example by examining recent vacancies or the selection procedures followed). The Committee also asks the Government to ensure that complaints procedures based on the principles of confidentiality and protection against reprisals are available to workers. The Government is also asked to continue to provide information on any cases of discrimination detected by the labour inspectorate or brought to the attention of the Ministry of Labour or referred to the courts.

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2022, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Articles 1 and 2 of the Convention. Protection of workers against discrimination, including sexual harassment. Law and practice. For more than 20 years the Committee has been requesting that the Government introduce a definition and a general prohibition of direct and indirect discrimination on the grounds set out in Article 1(1)(a) of the Convention, within the framework of the Labour Code reform, applicable to all aspects of employment and occupation. The Committee recalls that the Labour Code currently in force (the Labour Code of 1946, as amended) only covers discrimination between men and women in certain aspects of employment (section 26) and does not provide effective protection against all forms of sexual harassment, namely quid pro quo and hostile working environment sexual harassment. Indeed, the only section of the Code that could be applied in cases of sexual harassment is a provision that authorizes employees to leave their jobs without notice when “the employer or his representative commits the offence of molestation of the worker” (section 75(3)). The Committee recalls in this regard that legislation under which the sole redress available to victims of sexual harassment is the possibility to resign, while retaining the right to compensation, does not afford sufficient protection for victims of sexual harassment since it punishes them and could therefore dissuade victims from seeking redress (see 2012 General Survey on the fundamental Conventions, paragraph 792). The Committee notes with regret that the Government’s report does not contain any information on the progress or content of the ongoing reform of the Labour Code. However, the Committee observes that, according to the third annual report (2015) on the implementation of the National Strategic Plan for Women in Lebanon (2011–21), the Ministry of Labour has prepared a bill criminalizing sexual harassment in the workplace. Consequently, the Committee urges the Government to take the necessary steps to ensure that the new Labour Code contains provisions defining and prohibiting direct and indirect discrimination on at least all of the grounds set out in Article 1(1)(a) of the Convention, in all aspects of employment and occupation, as defined in Article 1(3), and all forms of sexual harassment (quid pro quo harassment and the creation of a hostile working environment). The Committee once again asks the Government to provide information on any progress made with a view to adopting the draft Labour Code. In the absence of full legislative protection against discrimination, the Committee also once again requests the Government to adopt specific measures to ensure, in practice, the protection of workers against discrimination on the grounds of race, colour, religion, political opinion, national extraction and social origin, and against sexual harassment in employment and occupation, including measures to raise awareness of these issues among workers, employers and their respective organizations, in order to improve prevention.

Foreign domestic workers. Multiple discrimination. For more than ten years, the Committee has been examining the measures taken by the Government to address the lack of legal protection for domestic workers, most of whom are women migrants, since these workers are excluded from the scope of the Labour Code and are particularly vulnerable to discrimination, including harassment, on the basis of sex and other grounds such as race, colour and ethnic origin. The Committee notes that, in its concluding observations, the United Nations Committee on the Elimination of Racial Discrimination (CERD) noted with concern that “abuse and exploitation of migrant domestic workers continues to occur in spite of the measures taken by the State party”. The CERD also noted with concern that “victims are often not able to seek assistance when they are forcibly confined to the residence of their employers or when their passports have been retained”. The CERD recommended the following measures: “abolish the conditions that render migrant domestic workers vulnerable to abuse and exploitation, including the sponsorship system and the live-in setting”; “extend the coverage of the Labour Code to domestic work, thereby granting domestic workers the same working conditions and labour rights as other workers, including the right to change occupation, and subjecting domestic work to labour inspections”; “ensure that any specific legislation on domestic employment is aimed at tackling migrant domestic workers’ increased vulnerability to abuse and exploitation”; and “conduct campaigns to change the population’s attitudes towards migrant domestic workers and to raise awareness of their rights” (CERD/C/LBN/CO/18–22, 5 October 2016, paragraphs 41–42). The Government reports that domestic workers are covered by the Code of Obligations and Contracts, and once again refers to the model contract and the Bill on the employment of domestic workers. The Government also indicates that a Bill to ratify the Domestic Workers Convention, 2011 (No. 189), was submitted to the Council of Ministers and that the national steering committee of the Ministry of Labour, which is responsible for examining relations between employers and domestic workers, is currently developing significant measures to guarantee compliance with contracts and abolish the sponsorship system. However, the Government states that this process will take time. In this regard, the Committee notes the Government’s indication that the Ministry of Labour and official bodies have not established restrictions regarding changes of employer and that this is an issue that only concerns the worker and the employer. Recalling its previous comments and noting with regret that the situation remains unchanged, the Committee urges the Government to take the necessary measures, in cooperation with the social partners, to ensure genuine protection for migrant domestics workers, in law and practice, against direct and indirect discrimination on all of the grounds set out in the Convention, including against sexual harassment, and in all areas of their employment, either through the adoption of a bill on the employment of domestic workers or, more generally, within the framework of the labour legislation. The Committee asks the Government to supply information on any progress made in this regard and on any legislative changes to abolish the sponsorship system. The Committee asks the Government, in particular, to ensure that any new regulations envisaged on the right of migrant workers to change employers do not impose conditions or restrictions likely to increase these workers’ dependence on their employer and thus increase their vulnerability to abuse and discriminatory practices.

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

The Committee expects that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes with concern that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

The Committee notes the observations of the General Confederation of Lebanese Workers (CGTL) communicated by the Government with its report.

Articles 1(1)(a) and 5 of the Convention. Discrimination based on sex. Restrictions on women’s employment. The Committee recalls that, in its previous comments, it emphasized that the Labour Code contains restrictions on women’s employment (section 27) which are not limited to the protection of maternity and it requested that the Government take the necessary steps, in the context of labour legislation reform, to ensure that these restrictions do not go beyond the protection of maternity. The Committee notes that the Government’s report does not contain any information in this regard and is bound to repeat its requests. The Committee once again asks the Government to take the necessary steps to ensure that any restriction on women’s employment laid down in the future Labour Code is strictly limited to the protection of maternity and is not based on stereotypes regarding women’s professional abilities and role in society without account being taken of their real capacity to perform the job in question. The Committee also asks the Government to consider other steps, such as better safety and health protection for men and women, adequate transport or social services, that might be necessary to allow women the same opportunities as men regarding access to all types of employment and to provide information on any measures taken for that purpose.

Article 2. Gender equality. Civil service. The Committee notes the detailed statistics provided by the Government regarding the number of men and women employed in the civil service. The Committee observes that, while 43.3 per cent of officials in the public administration are women, only 25.4 per cent of officials in the highest category are women. The Committee asks the Government to identify the steps taken or envisaged to identify the underlying causes of this de facto inequality and to actively promote access for women to a greater number of posts at all levels, particularly those in the higher categories, and to continue to provide statistics disaggregated by sex, evaluating the impact of these measures.

Gender equality. Private sector. In its previous comments, the Committee highlighted the existence of substantial occupational segregation between men and women in the labour market and in training. The Committee notes the concluding observations of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) in which it expressed concern about “the lack of measures to promote the concept of shared family responsibilities and to combat the difficulties that women face in combining work and family responsibilities.” The CEDAW also expressed concern about “women’s limited access to the formal labour market, … occupational segregation and … the high percentage of women in low-paid jobs, such as service sector workers and salespersons, administrative staff and mid-level professionals” (CEDAW/C/LBN/CO/4-5, 24 November 2015, paragraph 35). The Committee also notes that the CGTL indicates that the rights provided under the Labour Code do not ensure equal protection for men and women and suggests that a seminar on legislation be held, following consultations with workers’ and employers’ organizations and the Government, with a view to developing a joint code of conduct aimed at ensuring equality of treatment and opportunity. The trade union also indicates that it encourages the executive authorities to propose an amendment to the Labour Code and then for the legislature to adopt that amendment. The Committee notes that the Government refers to the third annual report (2015) on the implementation of the National Strategic Plan for Women in Lebanon, which details the action and activities undertaken by some non-governmental organizations and international organizations, including lobbying to amend the labour legislation and training for women to enter and make progress in the labour market. This report indicates that the Minister of Social Affairs has implemented programmes for women’s economic independence and support services for women who work. The Committee also notes that, in the framework of the National Strategy for Women (2011–21), a new plan of action was adopted for the period 2017–19 with the aims of: (i) eliminating the discriminatory provisions in the laws governing the work of women; (ii) raising the awareness of women of their labour rights and the opportunities available; and (iii) developing women’s skills to improve their participation in economic activity. The Committee asks the Government to provide detailed information on all the measures taken to eliminate discrimination against women and to promote equality between men and women in employment and occupation. More specifically, the Committee asks the Government to report on the steps taken to implement the National Strategy for Women 2011–21, including within the framework of the National Plan of Action 2017–19, identifying the results achieved in terms of the revision of discriminatory laws and the promotion of women’s employment in the private sector, particularly in occupations traditionally carried out by men and in occupations offering career prospects.

Foreign domestic workers. Model employment contract. In its previous comments, the Committee expressed concern regarding the general wording of clause 16(a) of the model employment contract adopted in 2009 (termination of employment by the employer if the worker commits a deliberate mistake, negligence, aggression or threats, or harms the interests of the employer or any member of his or her family) and the adverse consequences for the worker exercising the right to terminate the contract under clauses 17(a) (non-payment of wages for three months) and 17(b) (violence, abuse or harassment by the employer), since termination will always result in the foreign domestic worker having to leave the country. The Committee also notes that, in its concluding observations, the United Nations Committee on the Elimination of Racial Discrimination (CERD) expressed concern at “the unfavourable working conditions set under the standard employment contract for domestic workers” (CERD/C/LBN/CO/18-22, 5 October 2016, paragraph 41). Referring to its observation, the Committee notes the Government’s indication that the model employment contract defines the relationship between the employer and the worker and, more generally that the relationship between employers and domestic workers is being examined by the national steering committee of the Ministry of Labour. The Committee trusts that the analysis undertaken by the Ministry of Labour will lead to a re examination and revision of the clauses of the model employment contract that are likely to place domestic workers in a situation of vulnerability with regard to discrimination and abuse.

Non-nationals. The Committee notes that, for many years, the country has hosted an increasing number of refugees. According to a report of the Office of the United Nations High Commissioner for Refugees (UNHCR) entitled “Global trends: Forced displacement in 2017”, Lebanon hosts the largest number of refugees relative to its national population: one in six inhabitants is a refugee. The Committee notes that, in its concluding observations, CERD states that the country hosts a large number of refugees, including more than 500,000 Palestinians and an estimated 1.1 million Syrians. In this regard, CERD noted “with concern that refugees are allowed to work only in certain sectors” and, while recognizing that the influx of refugees puts pressures on the State infrastructure, it noted “with concern the number of circulars restricting the admission of non-Lebanese pupils to public schools” (CERD/C/LBN/CO/18-22, 5 October 2016, paragraphs 5, 33–35). The Government reports that no discriminatory practices against Palestinians exist in employment and that the decision regarding the occupations reserved for Lebanese nationals is adopted each year. The Committee recalls that, while the Convention does not cover the discrimination on the ground of nationality, it covers non-nationals on an equal footing with nationals so that non-nationals are protected against discrimination on the grounds of sex, race, colour, religion, political opinion, national extraction or social origin, under Article 1(1)(a). Although aware of the difficulties resulting from the huge influx of refugees into the country in recent years, the Committee asks the Government to provide information on the measures adopted or envisaged to ensure effective protection for refugees against any discriminatory practice on the basis of race, colour, national extraction or social origin, including sexual harassment, regarding not only access to employment but also working conditions (hours of work, remuneration, etc.). The Committee once again asks the Government to identify the occupations reserved for Lebanese nationals and to provide the available data, if possible disaggregated by sex, on the labour force participation of Palestinians and Syrian nationals, with an indication of the type of work that they carry out.

Enforcement. The Committee notes the information provided by the Government. The Committee observes in particular the Government’s indication that the Beirut labour inspectorate has not recorded any cases of discrimination on the grounds of religion, race or gender. The Committee also notes that the Government recognizes that if cases of management-sanctioned discrimination do exist, they would not be openly acknowledged. The Government also recognizes that workers may deny the existence of discriminatory practices for fear of losing their job, even where such practices exist, perhaps unintentionally. According to the Government, it remains for workers to report the existence of discriminatory practices and to contact the Ministry of Labour or other competent authorities in order to end those practices. Noting this information, the Committee asks the Government to introduce the necessary training and awareness raising to enable labour inspectors to better identify discriminatory practices during their inspections of enterprises, particularly with regard to recruitment (for example by examining recent vacancies or the selection procedures followed). The Committee also asks the Government to ensure that complaints procedures based on the principles of confidentiality and protection against reprisals are available to workers. The Government is also asked to continue to provide information on any cases of discrimination detected by the labour inspectorate or brought to the attention of the Ministry of Labour or referred to the courts.

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Articles 1 and 2 of the Convention. Protection of workers against discrimination, including sexual harassment. Law and practice. For more than 20 years the Committee has been requesting that the Government introduce a definition and a general prohibition of direct and indirect discrimination on the grounds set out in Article 1(1)(a) of the Convention, within the framework of the Labour Code reform, applicable to all aspects of employment and occupation. The Committee recalls that the Labour Code currently in force (the Labour Code of 1946, as amended) only covers discrimination between men and women in certain aspects of employment (section 26) and does not provide effective protection against all forms of sexual harassment, namely quid pro quo and hostile working environment sexual harassment. Indeed, the only section of the Code that could be applied in cases of sexual harassment is a provision that authorizes employees to leave their jobs without notice when “the employer or his representative commits the offence of molestation of the worker” (section 75(3)). The Committee recalls in this regard that legislation under which the sole redress available to victims of sexual harassment is the possibility to resign, while retaining the right to compensation, does not afford sufficient protection for victims of sexual harassment since it punishes them and could therefore dissuade victims from seeking redress (see 2012 General Survey on the fundamental Conventions, paragraph 792). The Committee notes with regret that the Government’s report does not contain any information on the progress or content of the ongoing reform of the Labour Code. However, the Committee observes that, according to the third annual report (2015) on the implementation of the National Strategic Plan for Women in Lebanon (2011–21), the Ministry of Labour has prepared a bill criminalizing sexual harassment in the workplace. Consequently, the Committee urges the Government to take the necessary steps to ensure that the new Labour Code contains provisions defining and prohibiting direct and indirect discrimination on at least all of the grounds set out in Article 1(1)(a) of the Convention, in all aspects of employment and occupation, as defined in Article 1(3), and all forms of sexual harassment (quid pro quo harassment and the creation of a hostile working environment). The Committee once again asks the Government to provide information on any progress made with a view to adopting the draft Labour Code. In the absence of full legislative protection against discrimination, the Committee also once again requests the Government to adopt specific measures to ensure, in practice, the protection of workers against discrimination on the grounds of race, colour, religion, political opinion, national extraction and social origin, and against sexual harassment in employment and occupation, including measures to raise awareness of these issues among workers, employers and their respective organizations, in order to improve prevention.

Foreign domestic workers. Multiple discrimination. For more than ten years, the Committee has been examining the measures taken by the Government to address the lack of legal protection for domestic workers, most of whom are women migrants, since these workers are excluded from the scope of the Labour Code and are particularly vulnerable to discrimination, including harassment, on the basis of sex and other grounds such as race, colour and ethnic origin. The Committee notes that, in its concluding observations, the United Nations Committee on the Elimination of Racial Discrimination (CERD) noted with concern that “abuse and exploitation of migrant domestic workers continues to occur in spite of the measures taken by the State party”. The CERD also noted with concern that “victims are often not able to seek assistance when they are forcibly confined to the residence of their employers or when their passports have been retained”. The CERD recommended the following measures: “abolish the conditions that render migrant domestic workers vulnerable to abuse and exploitation, including the sponsorship system and the live-in setting”; “extend the coverage of the Labour Code to domestic work, thereby granting domestic workers the same working conditions and labour rights as other workers, including the right to change occupation, and subjecting domestic work to labour inspections”; “ensure that any specific legislation on domestic employment is aimed at tackling migrant domestic workers’ increased vulnerability to abuse and exploitation”; and “conduct campaigns to change the population’s attitudes towards migrant domestic workers and to raise awareness of their rights” (CERD/C/LBN/CO/18–22, 5 October 2016, paragraphs 41–42). The Government reports that domestic workers are covered by the Code of Obligations and Contracts, and once again refers to the model contract and the Bill on the employment of domestic workers. The Government also indicates that a Bill to ratify the Domestic Workers Convention, 2011 (No. 189), was submitted to the Council of Ministers and that the national steering committee of the Ministry of Labour, which is responsible for examining relations between employers and domestic workers, is currently developing significant measures to guarantee compliance with contracts and abolish the sponsorship system. However, the Government states that this process will take time. In this regard, the Committee notes the Government’s indication that the Ministry of Labour and official bodies have not established restrictions regarding changes of employer and that this is an issue that only concerns the worker and the employer. Recalling its previous comments and noting with regret that the situation remains unchanged, the Committee urges the Government to take the necessary measures, in cooperation with the social partners, to ensure genuine protection for migrant domestics workers, in law and practice, against direct and indirect discrimination on all of the grounds set out in the Convention, including against sexual harassment, and in all areas of their employment, either through the adoption of a bill on the employment of domestic workers or, more generally, within the framework of the labour legislation. The Committee asks the Government to supply information on any progress made in this regard and on any legislative changes to abolish the sponsorship system. The Committee asks the Government, in particular, to ensure that any new regulations envisaged on the right of migrant workers to change employers do not impose conditions or restrictions likely to increase these workers’ dependence on their employer and thus increase their vulnerability to abuse and discriminatory practices.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

The Committee notes the observations of the General Confederation of Lebanese Workers (CGTL) communicated by the Government with its report.

Articles 1(1)(a) and 5 of the Convention. Discrimination based on sex. Restrictions on women’s employment. The Committee recalls that, in its previous comments, it emphasized that the Labour Code contains restrictions on women’s employment (section 27) which are not limited to the protection of maternity and it requested that the Government take the necessary steps, in the context of labour legislation reform, to ensure that these restrictions do not go beyond the protection of maternity. The Committee notes that the Government’s report does not contain any information in this regard and is bound to repeat its requests. The Committee once again asks the Government to take the necessary steps to ensure that any restriction on women’s employment laid down in the future Labour Code is strictly limited to the protection of maternity and is not based on stereotypes regarding women’s professional abilities and role in society without account being taken of their real capacity to perform the job in question. The Committee also asks the Government to consider other steps, such as better safety and health protection for men and women, adequate transport or social services, that might be necessary to allow women the same opportunities as men regarding access to all types of employment and to provide information on any measures taken for that purpose.

Article 2. Gender equality. Civil service. The Committee notes the detailed statistics provided by the Government regarding the number of men and women employed in the civil service. The Committee observes that, while 43.3 per cent of officials in the public administration are women, only 25.4 per cent of officials in the highest category are women. The Committee asks the Government to identify the steps taken or envisaged to identify the underlying causes of this de facto inequality and to actively promote access for women to a greater number of posts at all levels, particularly those in the higher categories, and to continue to provide statistics disaggregated by sex, evaluating the impact of these measures.

Gender equality. Private sector. In its previous comments, the Committee highlighted the existence of substantial occupational segregation between men and women in the labour market and in training. The Committee notes the concluding observations of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) in which it expressed concern about “the lack of measures to promote the concept of shared family responsibilities and to combat the difficulties that women face in combining work and family responsibilities.” The CEDAW also expressed concern about “women’s limited access to the formal labour market, … occupational segregation and … the high percentage of women in low-paid jobs, such as service sector workers and salespersons, administrative staff and mid-level professionals” (CEDAW/C/LBN/CO/4-5, 24 November 2015, paragraph 35). The Committee also notes that the CGTL indicates that the rights provided under the Labour Code do not ensure equal protection for men and women and suggests that a seminar on legislation be held, following consultations with workers’ and employers’ organizations and the Government, with a view to developing a joint code of conduct aimed at ensuring equality of treatment and opportunity. The trade union also indicates that it encourages the executive authorities to propose an amendment to the Labour Code and then for the legislature to adopt that amendment. The Committee notes that the Government refers to the third annual report (2015) on the implementation of the National Strategic Plan for Women in Lebanon, which details the action and activities undertaken by some non-governmental organizations and international organizations, including lobbying to amend the labour legislation and training for women to enter and make progress in the labour market. This report indicates that the Minister of Social Affairs has implemented programmes for women’s economic independence and support services for women who work. The Committee also notes that, in the framework of the National Strategy for Women (2011–21), a new plan of action was adopted for the period 2017–19 with the aims of: (i) eliminating the discriminatory provisions in the laws governing the work of women; (ii) raising the awareness of women of their labour rights and the opportunities available; and (iii) developing women’s skills to improve their participation in economic activity. The Committee asks the Government to provide detailed information on all the measures taken to eliminate discrimination against women and to promote equality between men and women in employment and occupation. More specifically, the Committee asks the Government to report on the steps taken to implement the National Strategy for Women 2011–21, including within the framework of the National Plan of Action 2017–19, identifying the results achieved in terms of the revision of discriminatory laws and the promotion of women’s employment in the private sector, particularly in occupations traditionally carried out by men and in occupations offering career prospects.

Foreign domestic workers. Model employment contract. In its previous comments, the Committee expressed concern regarding the general wording of clause 16(a) of the model employment contract adopted in 2009 (termination of employment by the employer if the worker commits a deliberate mistake, negligence, aggression or threats, or harms the interests of the employer or any member of his or her family) and the adverse consequences for the worker exercising the right to terminate the contract under clauses 17(a) (non-payment of wages for three months) and 17(b) (violence, abuse or harassment by the employer), since termination will always result in the foreign domestic worker having to leave the country. The Committee also notes that, in its concluding observations, the United Nations Committee on the Elimination of Racial Discrimination (CERD) expressed concern at “the unfavourable working conditions set under the standard employment contract for domestic workers” (CERD/C/LBN/CO/18-22, 5 October 2016, paragraph 41). Referring to its observation, the Committee notes the Government’s indication that the model employment contract defines the relationship between the employer and the worker and, more generally that the relationship between employers and domestic workers is being examined by the national steering committee of the Ministry of Labour. The Committee trusts that the analysis undertaken by the Ministry of Labour will lead to a re examination and revision of the clauses of the model employment contract that are likely to place domestic workers in a situation of vulnerability with regard to discrimination and abuse.

Non-nationals. The Committee notes that, for many years, the country has hosted an increasing number of refugees. According to a report of the Office of the United Nations High Commissioner for Refugees (UNHCR) entitled “Global trends: Forced displacement in 2017”, Lebanon hosts the largest number of refugees relative to its national population: one in six inhabitants is a refugee. The Committee notes that, in its concluding observations, CERD states that the country hosts a large number of refugees, including more than 500,000 Palestinians and an estimated 1.1 million Syrians. In this regard, CERD noted “with concern that refugees are allowed to work only in certain sectors” and, while recognizing that the influx of refugees puts pressures on the State infrastructure, it noted “with concern the number of circulars restricting the admission of non-Lebanese pupils to public schools” (CERD/C/LBN/CO/18-22, 5 October 2016, paragraphs 5, 33–35). The Government reports that no discriminatory practices against Palestinians exist in employment and that the decision regarding the occupations reserved for Lebanese nationals is adopted each year. The Committee recalls that, while the Convention does not cover the discrimination on the ground of nationality, it covers non-nationals on an equal footing with nationals so that non-nationals are protected against discrimination on the grounds of sex, race, colour, religion, political opinion, national extraction or social origin, under Article 1(1)(a). Although aware of the difficulties resulting from the huge influx of refugees into the country in recent years, the Committee asks the Government to provide information on the measures adopted or envisaged to ensure effective protection for refugees against any discriminatory practice on the basis of race, colour, national extraction or social origin, including sexual harassment, regarding not only access to employment but also working conditions (hours of work, remuneration, etc.). The Committee once again asks the Government to identify the occupations reserved for Lebanese nationals and to provide the available data, if possible disaggregated by sex, on the labour force participation of Palestinians and Syrian nationals, with an indication of the type of work that they carry out.

Enforcement. The Committee notes the information provided by the Government. The Committee observes in particular the Government’s indication that the Beirut labour inspectorate has not recorded any cases of discrimination on the grounds of religion, race or gender. The Committee also notes that the Government recognizes that if cases of management-sanctioned discrimination do exist, they would not be openly acknowledged. The Government also recognizes that workers may deny the existence of discriminatory practices for fear of losing their job, even where such practices exist, perhaps unintentionally. According to the Government, it remains for workers to report the existence of discriminatory practices and to contact the Ministry of Labour or other competent authorities in order to end those practices. Noting this information, the Committee asks the Government to introduce the necessary training and awareness raising to enable labour inspectors to better identify discriminatory practices during their inspections of enterprises, particularly with regard to recruitment (for example by examining recent vacancies or the selection procedures followed). The Committee also asks the Government to ensure that complaints procedures based on the principles of confidentiality and protection against reprisals are available to workers. The Government is also asked to continue to provide information on any cases of discrimination detected by the labour inspectorate or brought to the attention of the Ministry of Labour or referred to the courts.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Articles 1 and 2 of the Convention. Protection of workers against discrimination, including sexual harassment. Law and practice. For more than 20 years the Committee has been requesting that the Government introduce a definition and a general prohibition of direct and indirect discrimination on the grounds set out in Article 1(1)(a) of the Convention, within the framework of the Labour Code reform, applicable to all aspects of employment and occupation. The Committee recalls that the Labour Code currently in force (the Labour Code of 1946, as amended) only covers discrimination between men and women in certain aspects of employment (section 26) and does not provide effective protection against all forms of sexual harassment, namely quid pro quo and hostile working environment sexual harassment. Indeed, the only section of the Code that could be applied in cases of sexual harassment is a provision that authorizes employees to leave their jobs without notice when “the employer or his representative commits the offence of molestation of the worker” (section 75(3)). The Committee recalls in this regard that legislation under which the sole redress available to victims of sexual harassment is the possibility to resign, while retaining the right to compensation, does not afford sufficient protection for victims of sexual harassment since it punishes them and could therefore dissuade victims from seeking redress (see 2012 General Survey on the fundamental Conventions, paragraph 792). The Committee notes with regret that the Government’s report does not contain any information on the progress or content of the ongoing reform of the Labour Code. However, the Committee observes that, according to the third annual report (2015) on the implementation of the National Strategic Plan for Women in Lebanon (2011–21), the Ministry of Labour has prepared a bill criminalizing sexual harassment in the workplace. Consequently, the Committee urges the Government to take the necessary steps to ensure that the new Labour Code contains provisions defining and prohibiting direct and indirect discrimination on at least all of the grounds set out in Article 1(1)(a) of the Convention, in all aspects of employment and occupation, as defined in Article 1(3), and all forms of sexual harassment (quid pro quo harassment and the creation of a hostile working environment). The Committee once again asks the Government to provide information on any progress made with a view to adopting the draft Labour Code. In the absence of full legislative protection against discrimination, the Committee also once again requests the Government to adopt specific measures to ensure, in practice, the protection of workers against discrimination on the grounds of race, colour, religion, political opinion, national extraction and social origin, and against sexual harassment in employment and occupation, including measures to raise awareness of these issues among workers, employers and their respective organizations, in order to improve prevention.

Foreign domestic workers. Multiple discrimination. For more than ten years, the Committee has been examining the measures taken by the Government to address the lack of legal protection for domestic workers, most of whom are women migrants, since these workers are excluded from the scope of the Labour Code and are particularly vulnerable to discrimination, including harassment, on the basis of sex and other grounds such as race, colour and ethnic origin. The Committee notes that, in its concluding observations, the United Nations Committee on the Elimination of Racial Discrimination (CERD) noted with concern that “abuse and exploitation of migrant domestic workers continues to occur in spite of the measures taken by the State party”. The CERD also noted with concern that “victims are often not able to seek assistance when they are forcibly confined to the residence of their employers or when their passports have been retained”. The CERD recommended the following measures: “abolish the conditions that render migrant domestic workers vulnerable to abuse and exploitation, including the sponsorship system and the live-in setting”; “extend the coverage of the Labour Code to domestic work, thereby granting domestic workers the same working conditions and labour rights as other workers, including the right to change occupation, and subjecting domestic work to labour inspections”; “ensure that any specific legislation on domestic employment is aimed at tackling migrant domestic workers’ increased vulnerability to abuse and exploitation”; and “conduct campaigns to change the population’s attitudes towards migrant domestic workers and to raise awareness of their rights” (CERD/C/LBN/CO/18–22, 5 October 2016, paragraphs 41–42). The Government reports that domestic workers are covered by the Code of Obligations and Contracts, and once again refers to the model contract and the Bill on the employment of domestic workers. The Government also indicates that a Bill to ratify the Domestic Workers Convention, 2011 (No. 189), was submitted to the Council of Ministers and that the national steering committee of the Ministry of Labour, which is responsible for examining relations between employers and domestic workers, is currently developing significant measures to guarantee compliance with contracts and abolish the sponsorship system. However, the Government states that this process will take time. In this regard, the Committee notes the Government’s indication that the Ministry of Labour and official bodies have not established restrictions regarding changes of employer and that this is an issue that only concerns the worker and the employer. Recalling its previous comments and noting with regret that the situation remains unchanged, the Committee urges the Government to take the necessary measures, in cooperation with the social partners, to ensure genuine protection for migrant domestics workers, in law and practice, against direct and indirect discrimination on all of the grounds set out in the Convention, including against sexual harassment, and in all areas of their employment, either through the adoption of a bill on the employment of domestic workers or, more generally, within the framework of the labour legislation. The Committee asks the Government to supply information on any progress made in this regard and on any legislative changes to abolish the sponsorship system. The Committee asks the Government, in particular, to ensure that any new regulations envisaged on the right of migrant workers to change employers do not impose conditions or restrictions likely to increase these workers’ dependence on their employer and thus increase their vulnerability to abuse and discriminatory practices.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the observations of the General Confederation of Lebanese Workers (CGTL) communicated by the Government with its report.

Articles 1(1)(a) and 5 of the Convention. Discrimination based on sex. Restrictions on women’s employment. The Committee recalls that, in its previous comments, it emphasized that the Labour Code contains restrictions on women’s employment (section 27) which are not limited to the protection of maternity and it requested that the Government take the necessary steps, in the context of labour legislation reform, to ensure that these restrictions do not go beyond the protection of maternity. The Committee notes that the Government’s report does not contain any information in this regard and is bound to repeat its requests. The Committee once again asks the Government to take the necessary steps to ensure that any restriction on women’s employment laid down in the future Labour Code is strictly limited to the protection of maternity and is not based on stereotypes regarding women’s professional abilities and role in society without account being taken of their real capacity to perform the job in question. The Committee also asks the Government to consider other steps, such as better safety and health protection for men and women, adequate transport or social services, that might be necessary to allow women the same opportunities as men regarding access to all types of employment and to provide information on any measures taken for that purpose.

Article 2. Gender equality. Civil service. The Committee notes the detailed statistics provided by the Government regarding the number of men and women employed in the civil service. The Committee observes that, while 43.3 per cent of officials in the public administration are women, only 25.4 per cent of officials in the highest category are women. The Committee asks the Government to identify the steps taken or envisaged to identify the underlying causes of this de facto inequality and to actively promote access for women to a greater number of posts at all levels, particularly those in the higher categories, and to continue to provide statistics disaggregated by sex, evaluating the impact of these measures.

Gender equality. Private sector. In its previous comments, the Committee highlighted the existence of substantial occupational segregation between men and women in the labour market and in training. The Committee notes the concluding observations of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) in which it expressed concern about “the lack of measures to promote the concept of shared family responsibilities and to combat the difficulties that women face in combining work and family responsibilities.” The CEDAW also expressed concern about “women’s limited access to the formal labour market, … occupational segregation and … the high percentage of women in low-paid jobs, such as service sector workers and salespersons, administrative staff and mid-level professionals” (CEDAW/C/LBN/CO/4-5, 24 November 2015, paragraph 35). The Committee also notes that the CGTL indicates that the rights provided under the Labour Code do not ensure equal protection for men and women and suggests that a seminar on legislation be held, following consultations with workers’ and employers’ organizations and the Government, with a view to developing a joint code of conduct aimed at ensuring equality of treatment and opportunity. The trade union also indicates that it encourages the executive authorities to propose an amendment to the Labour Code and then for the legislature to adopt that amendment. The Committee notes that the Government refers to the third annual report (2015) on the implementation of the National Strategic Plan for Women in Lebanon, which details the action and activities undertaken by some non-governmental organizations and international organizations, including lobbying to amend the labour legislation and training for women to enter and make progress in the labour market. This report indicates that the Minister of Social Affairs has implemented programmes for women’s economic independence and support services for women who work. The Committee also notes that, in the framework of the National Strategy for Women (2011–21), a new plan of action was adopted for the period 2017–19 with the aims of: (i) eliminating the discriminatory provisions in the laws governing the work of women; (ii) raising the awareness of women of their labour rights and the opportunities available; and (iii) developing women’s skills to improve their participation in economic activity. The Committee asks the Government to provide detailed information on all the measures taken to eliminate discrimination against women and to promote equality between men and women in employment and occupation. More specifically, the Committee asks the Government to report on the steps taken to implement the National Strategy for Women 2011–21, including within the framework of the National Plan of Action 2017–19, identifying the results achieved in terms of the revision of discriminatory laws and the promotion of women’s employment in the private sector, particularly in occupations traditionally carried out by men and in occupations offering career prospects.

Foreign domestic workers. Model employment contract. In its previous comments, the Committee expressed concern regarding the general wording of clause 16(a) of the model employment contract adopted in 2009 (termination of employment by the employer if the worker commits a deliberate mistake, negligence, aggression or threats, or harms the interests of the employer or any member of his or her family) and the adverse consequences for the worker exercising the right to terminate the contract under clauses 17(a) (non-payment of wages for three months) and 17(b) (violence, abuse or harassment by the employer), since termination will always result in the foreign domestic worker having to leave the country. The Committee also notes that, in its concluding observations, the United Nations Committee on the Elimination of Racial Discrimination (CERD) expressed concern at “the unfavourable working conditions set under the standard employment contract for domestic workers” (CERD/C/LBN/CO/18-22, 5 October 2016, paragraph 41). Referring to its observation, the Committee notes the Government’s indication that the model employment contract defines the relationship between the employer and the worker and, more generally that the relationship between employers and domestic workers is being examined by the national steering committee of the Ministry of Labour. The Committee trusts that the analysis undertaken by the Ministry of Labour will lead to a re examination and revision of the clauses of the model employment contract that are likely to place domestic workers in a situation of vulnerability with regard to discrimination and abuse.

Non-nationals. The Committee notes that, for many years, the country has hosted an increasing number of refugees. According to a report of the Office of the United Nations High Commissioner for Refugees (UNHCR) entitled “Global trends: Forced displacement in 2017”, Lebanon hosts the largest number of refugees relative to its national population: one in six inhabitants is a refugee. The Committee notes that, in its concluding observations, CERD states that the country hosts a large number of refugees, including more than 500,000 Palestinians and an estimated 1.1 million Syrians. In this regard, CERD noted “with concern that refugees are allowed to work only in certain sectors” and, while recognizing that the influx of refugees puts pressures on the State infrastructure, it noted “with concern the number of circulars restricting the admission of non-Lebanese pupils to public schools” (CERD/C/LBN/CO/18-22, 5 October 2016, paragraphs 5, 33–35). The Government reports that no discriminatory practices against Palestinians exist in employment and that the decision regarding the occupations reserved for Lebanese nationals is adopted each year. The Committee recalls that, while the Convention does not cover the discrimination on the ground of nationality, it covers non-nationals on an equal footing with nationals so that non-nationals are protected against discrimination on the grounds of sex, race, colour, religion, political opinion, national extraction or social origin, under Article 1(1)(a). Although aware of the difficulties resulting from the huge influx of refugees into the country in recent years, the Committee asks the Government to provide information on the measures adopted or envisaged to ensure effective protection for refugees against any discriminatory practice on the basis of race, colour, national extraction or social origin, including sexual harassment, regarding not only access to employment but also working conditions (hours of work, remuneration, etc.). The Committee once again asks the Government to identify the occupations reserved for Lebanese nationals and to provide the available data, if possible disaggregated by sex, on the labour force participation of Palestinians and Syrian nationals, with an indication of the type of work that they carry out.

Enforcement. The Committee notes the information provided by the Government. The Committee observes in particular the Government’s indication that the Beirut labour inspectorate has not recorded any cases of discrimination on the grounds of religion, race or gender. The Committee also notes that the Government recognizes that if cases of management-sanctioned discrimination do exist, they would not be openly acknowledged. The Government also recognizes that workers may deny the existence of discriminatory practices for fear of losing their job, even where such practices exist, perhaps unintentionally. According to the Government, it remains for workers to report the existence of discriminatory practices and to contact the Ministry of Labour or other competent authorities in order to end those practices. Noting this information, the Committee asks the Government to introduce the necessary training and awareness raising to enable labour inspectors to better identify discriminatory practices during their inspections of enterprises, particularly with regard to recruitment (for example by examining recent vacancies or the selection procedures followed). The Committee also asks the Government to ensure that complaints procedures based on the principles of confidentiality and protection against reprisals are available to workers. The Government is also asked to continue to provide information on any cases of discrimination detected by the labour inspectorate or brought to the attention of the Ministry of Labour or referred to the courts.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Articles 1 and 2 of the Convention. Protection of workers against discrimination, including sexual harassment. Law and practice. For more than 20 years the Committee has been requesting that the Government introduce a definition and a general prohibition of direct and indirect discrimination on the grounds set out in Article 1(1)(a) of the Convention, within the framework of the Labour Code reform, applicable to all aspects of employment and occupation. The Committee recalls that the Labour Code currently in force (the Labour Code of 1946, as amended) only covers discrimination between men and women in certain aspects of employment (section 26) and does not provide effective protection against all forms of sexual harassment, namely quid pro quo and hostile working environment sexual harassment. Indeed, the only section of the Code that could be applied in cases of sexual harassment is a provision that authorizes employees to leave their jobs without notice when “the employer or his representative commits the offence of molestation of the worker” (section 75(3)). The Committee recalls in this regard that legislation under which the sole redress available to victims of sexual harassment is the possibility to resign, while retaining the right to compensation, does not afford sufficient protection for victims of sexual harassment since it punishes them and could therefore dissuade victims from seeking redress (see 2012 General Survey on the fundamental Conventions, paragraph 792). The Committee notes with regret that the Government’s report does not contain any information on the progress or content of the ongoing reform of the Labour Code. However, the Committee observes that, according to the third annual report (2015) on the implementation of the National Strategic Plan for Women in Lebanon (2011–21), the Ministry of Labour has prepared a bill criminalizing sexual harassment in the workplace. Consequently, the Committee urges the Government to take the necessary steps to ensure that the new Labour Code contains provisions defining and prohibiting direct and indirect discrimination on at least all of the grounds set out in Article 1(1)(a) of the Convention, in all aspects of employment and occupation, as defined in Article 1(3), and all forms of sexual harassment (quid pro quo harassment and the creation of a hostile working environment). The Committee once again asks the Government to provide information on any progress made with a view to adopting the draft Labour Code. In the absence of full legislative protection against discrimination, the Committee also once again requests the Government to adopt specific measures to ensure, in practice, the protection of workers against discrimination on the grounds of race, colour, religion, political opinion, national extraction and social origin, and against sexual harassment in employment and occupation, including measures to raise awareness of these issues among workers, employers and their respective organizations, in order to improve prevention.

Foreign domestic workers. Multiple discrimination. For more than ten years, the Committee has been examining the measures taken by the Government to address the lack of legal protection for domestic workers, most of whom are women migrants, since these workers are excluded from the scope of the Labour Code and are particularly vulnerable to discrimination, including harassment, on the basis of sex and other grounds such as race, colour and ethnic origin. The Committee notes that, in its concluding observations, the United Nations Committee on the Elimination of Racial Discrimination (CERD) noted with concern that “abuse and exploitation of migrant domestic workers continues to occur in spite of the measures taken by the State party”. The CERD also noted with concern that “victims are often not able to seek assistance when they are forcibly confined to the residence of their employers or when their passports have been retained”. The CERD recommended the following measures: “abolish the conditions that render migrant domestic workers vulnerable to abuse and exploitation, including the sponsorship system and the live-in setting”; “extend the coverage of the Labour Code to domestic work, thereby granting domestic workers the same working conditions and labour rights as other workers, including the right to change occupation, and subjecting domestic work to labour inspections”; “ensure that any specific legislation on domestic employment is aimed at tackling migrant domestic workers’ increased vulnerability to abuse and exploitation”; and “conduct campaigns to change the population’s attitudes towards migrant domestic workers and to raise awareness of their rights” (CERD/C/LBN/CO/18–22, 5 October 2016, paragraphs 41–42). The Government reports that domestic workers are covered by the Code of Obligations and Contracts, and once again refers to the model contract and the Bill on the employment of domestic workers. The Government also indicates that a Bill to ratify the Domestic Workers Convention, 2011 (No. 189), was submitted to the Council of Ministers and that the national steering committee of the Ministry of Labour, which is responsible for examining relations between employers and domestic workers, is currently developing significant measures to guarantee compliance with contracts and abolish the sponsorship system. However, the Government states that this process will take time. In this regard, the Committee notes the Government’s indication that the Ministry of Labour and official bodies have not established restrictions regarding changes of employer and that this is an issue that only concerns the worker and the employer. Recalling its previous comments and noting with regret that the situation remains unchanged, the Committee urges the Government to take the necessary measures, in cooperation with the social partners, to ensure genuine protection for migrant domestics workers, in law and practice, against direct and indirect discrimination on all of the grounds set out in the Convention, including against sexual harassment, and in all areas of their employment, either through the adoption of a bill on the employment of domestic workers or, more generally, within the framework of the labour legislation. The Committee asks the Government to supply information on any progress made in this regard and on any legislative changes to abolish the sponsorship system. The Committee asks the Government, in particular, to ensure that any new regulations envisaged on the right of migrant workers to change employers do not impose conditions or restrictions likely to increase these workers’ dependence on their employer and thus increase their vulnerability to abuse and discriminatory practices.

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

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 1 and 5 of the Convention. Discrimination based on sex. Restrictions on women’s employment. In its previous comments, the Committee emphasized that the Labour Code contains restrictions on women’s employment (section 27) which are not limited to the protection of maternity. The Committee recalls that, where the aim is to repeal discriminatory protective measures relating to women’s employment, it may be necessary to examine what other measures, such as improved health protection for both men and women, adequate transportation and also social services, are needed to ensure that women have the same access as men to all types of employment. The Committee requests the Government to take the necessary steps to ensure that any restriction on women’s employment laid down in the future Labour Code is strictly limited to the protection of maternity and is not based on stereotypes regarding women’s professional abilities and role in society without account being taken of their real capacity to perform the job in question. The Government is requested to provide information on any supporting measures taken designed to ensure in practice equality of opportunity for men and women regarding access to employment.

Gender equality. Public service. In the absence of information on this point, the Committee again requests the Government to indicate the underlying causes for the low percentage of women employed in the public service (9.19 per cent in the top category) and the measures taken or envisaged to promote their access to a greater number of posts at all levels. Please also provide information on any follow-up to the recommendation to allocate a quota for women in the highest category of the public administration, and on the results achieved.

Gender equality. Private sector. In its previous comments, the Committee highlighted the existence of substantial occupational segregation between men and women in the labour market and in training. The Committee notes that, according to the statistics published in 2011 by the Central Statistical Office, the proportion of women in the active population was about 23 per cent in 2009, with women mainly employed in the services, financial intermediation and insurance sectors. These statistics also show that 43 per cent of women who work have a university diploma (compared with 20 per cent for men) and only 15 per cent have their own business or are self-employed. The Committee again requests the Government to indicate the measures taken to promote women’s participation in a wide range of occupations and training courses, including those traditionally reserved for men and offering better career opportunities, and to specify the results achieved. The Committee encourages the Government to conduct any survey that it considers useful with a view to identifying the causes of the low proportion of women in the active population and requests it to indicate any measures taken to reduce and eliminate obstacles to women’s employment.

Foreign domestic workers. In its previous comments, the Committee considered that the broad wording of clause 16(a) of the standard employment contract adopted in 2009 (termination of employment by the employer if the worker commits a deliberate mistake, is guilty of neglect, assault or threats, or harms the interests of the employer or any member of his or her family) and the adverse consequences for the worker exercising the right to terminate the contract under clauses 17(a) (non-payment of wages for three months) and 17(b) (violence, abuse or harassment by the employer), especially since termination always results in the foreign domestic worker having to leave the country. The Committee notes the Government’s indication that its concerns will be conveyed to the National Steering Committee and to the commission responsible for reviewing the legislation and working methods. It also notes that the study on access to the justice system for migrant domestic workers in Lebanon, which was conducted jointly by the ILO and the Caritas Lebanon Migrant Centre in 2014, recommends in particular that the standard employment contract be amended to reflect the provisions of the Domestic Workers Convention, 2011 (No. 189). The Committee again requests the Government to take steps to improve the protection of foreign domestic workers against discrimination based on the grounds specified by the Convention, particularly by amending the clauses of the standard employment contract and the means of redress in the event of violation of the contract. Please indicate whether it is envisaged to allow foreign domestic workers to change employers, especially in cases of abuse or discrimination.

Non-citizens. The Committee notes the statistics in the survey on employment for Palestinians published in 2014 by the ILO Regional Office for Arab States, according to which the economic activity rate for Palestinian refugees living in Lebanon is 42 per cent (15 per cent for Palestinian women) out of a total Palestinian refugee population of between 260,000 and 280,000 (90 per cent of whom were born in Lebanon). They are mainly employed in the commerce and construction sectors and their average earnings are well below the minimum wage. The Committee notes Decision No. 46/1 of 24 February 2011 concerning the occupations reserved for Lebanese nationals and those open equally to Palestinians and Lebanese. It also notes that the amendment to section 59 of the Labour Code in 2010 allows Palestinian refugees, on termination of their employment, to enjoy the rights conferred on Lebanese workers and to be exempted from the work permit tax. The Committee again requests the Government to indicate any measures taken to analyse the nature and extent of discriminatory employment practices against Palestinian refugees, and the measures taken to ensure their effective protection against discrimination based on the grounds specified by the Convention. The Government is also requested to specify the occupations to which refugees do not have access.

Enforcement. The Committee once again requests the Government to take steps to improve the capacity of the labour inspectorate to detect cases of discrimination in employment and occupation, and to raise awareness of the subject among magistrates, workers, employers and their organizations. The Government is also requested to make additional efforts to gather information on administrative or judicial decisions concerning cases relating to discrimination.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Articles 1 and 2 of the Convention. Protection of workers against discrimination. For many years the Committee has been asking the Government, as part of the reform of the Labour Code, to introduce a definition and a general prohibition of direct and indirect discrimination based on the grounds set out in Article 1(1)(a) of the Convention, in all aspects of employment and occupation. The Labour Code currently in force only covers discrimination between men and women in certain aspects of employment (section 26) and does not provide effective protection against all forms of sexual harassment (quid pro quo and hostile environment sexual harassment). The only section of the Code that could be applied in cases of sexual harassment is a provision which authorizes employees to leave their jobs without notice when “the employer or his representative is guilty of molestation of the worker” (section 75(3)). The Committee notes the Government’s indication that its comments on sexual harassment will be forwarded to the commission responsible for reviewing the legislation and working methods. The Committee recalls that the implementation of a genuine national equality policy aimed at eliminating any discrimination in employment and occupation presupposes the adoption of a range of specific measures, which often consist of a combination of legislative and administrative measures, collective agreements, public policies, affirmative action measures, dispute resolution and enforcement mechanisms, specialized bodies, practical programmes and awareness raising (see General Survey on the fundamental Conventions, 2012, paragraph 848). The Committee requests the Government to take the necessary steps to ensure that the future Labour Code contains provisions defining and prohibiting direct and indirect discrimination on the basis of at least all the grounds set out in Article 1(1)(a) of the Convention in all aspects of employment and occupation, and also all forms of sexual harassment. The Government is requested to provide detailed information on any progress made with a view to adopting the Labour Code. The Committee also requests the Government to adopt specific measures to ensure in practice the protection of workers against discrimination on the basis of race, colour, sex, religion, political opinion, national extraction and social origin, and against sexual harassment in employment and occupation, including measures to raise awareness of these issues among workers, employers and their respective organizations, and also measures for training labour inspectors and strengthening their action in this respect.

Foreign domestic workers. Multiple discrimination. For a number of years the Committee has been following the measures taken by the Government to address the lack of legal protection for domestic workers, most of whom are female migrants, since these workers are excluded from the scope of the Labour Code and are particularly vulnerable to discrimination on the basis of sex and other grounds such as race, colour or ethnic origin. The Committee notes that a Practical Guide on the Rights and Duties of Migrant Domestic Workers in Lebanon was published in 2012 by the Ministry of Labour, in collaboration with the ILO, and that it can be accessed on the Internet. However, referring to its last observation under the Forced Labour Convention, 1930 (No. 29), the Committee notes that the situation of female migrant domestic workers, as described by the International Trade Union Confederation (ITUC), is particularly difficult, especially because they are tied to a particular employer under the sponsorship system, which places them in a situation of increased vulnerability. The Committee also notes the study on access to the justice system for migrant domestic workers in Lebanon, which was conducted jointly by the ILO and the Caritas Lebanon Migrant Centre in 2014. The study concludes that bringing domestic workers under the coverage of the labour legislation is essential in order to eliminate the “grey areas” in which numerous violations of their rights remain unpunished and in order to provide magistrates with a complete legal framework. One of the study’s recommendations is to improve the legislation and legal protection for migrant domestic workers, to reinforce the capacity of key players, including workers’ organizations, and to develop preventive mechanisms. The Committee notes that the Government refers in its report to the existence of a bill concerning the employment of domestic workers, as it has been doing for some time, without specifying its current content or the time frame for examination and adoption thereof. The Committee would emphasize once again that the bill provides an opportunity to make effective improvements to the protection of migrant domestic workers against any form of discrimination on the grounds specified in the Convention, including sexual harassment, and to regulate their working conditions by means of specific legislation establishing their rights and duties and also those of their employers. The Committee requests the Government to take the necessary measures, in collaboration with the social partners, to provide genuine protection in law and in practice for migrant domestic workers against direct and indirect discrimination based on all the grounds set out in the Convention in all aspects of their employment. The Committee also requests the Government to take steps to ensure that the bill concerning the employment of domestic workers is adopted in the near future and to supply information on all progress made in this respect.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Articles 1 and 5 of the Convention. Discrimination based on sex. Restrictions on women’s employment. In its previous comments, the Committee emphasized that the Labour Code contains restrictions on women’s employment (section 27) which are not limited to the protection of maternity. The Committee recalls that, where the aim is to repeal discriminatory protective measures relating to women’s employment, it may be necessary to examine what other measures, such as improved health protection for both men and women, adequate transportation and also social services, are needed to ensure that women have the same access as men to all types of employment. The Committee requests the Government to take the necessary steps to ensure that any restriction on women’s employment laid down in the future Labour Code is strictly limited to the protection of maternity and is not based on stereotypes regarding women’s professional abilities and role in society without account being taken of their real capacity to perform the job in question. The Government is requested to provide information on any supporting measures taken designed to ensure in practice equality of opportunity for men and women regarding access to employment.

Gender equality. Public service. In the absence of information on this point, the Committee again requests the Government to indicate the underlying causes for the low percentage of women employed in the public service (9.19 per cent in the top category) and the measures taken or envisaged to promote their access to a greater number of posts at all levels. Please also provide information on any follow-up to the recommendation to allocate a quota for women in the highest category of the public administration, and on the results achieved.

Gender equality. Private sector. In its previous comments, the Committee highlighted the existence of substantial occupational segregation between men and women in the labour market and in training. The Committee notes that, according to the statistics published in 2011 by the Central Statistical Office, the proportion of women in the active population was about 23 per cent in 2009, with women mainly employed in the services, financial intermediation and insurance sectors. These statistics also show that 43 per cent of women who work have a university diploma (compared with 20 per cent for men) and only 15 per cent have their own business or are self-employed. The Committee again requests the Government to indicate the measures taken to promote women’s participation in a wide range of occupations and training courses, including those traditionally reserved for men and offering better career opportunities, and to specify the results achieved. The Committee encourages the Government to conduct any survey that it considers useful with a view to identifying the causes of the low proportion of women in the active population and requests it to indicate any measures taken to reduce and eliminate obstacles to women’s employment.

Foreign domestic workers. In its previous comments, the Committee considered that the broad wording of clause 16(a) of the standard employment contract adopted in 2009 (termination of employment by the employer if the worker commits a deliberate mistake, is guilty of neglect, assault or threats, or harms the interests of the employer or any member of his or her family) and the adverse consequences for the worker exercising the right to terminate the contract under clauses 17(a) (non-payment of wages for three months) and 17(b) (violence, abuse or harassment by the employer), especially since termination always results in the foreign domestic worker having to leave the country. The Committee notes the Government’s indication that its concerns will be conveyed to the National Steering Committee and to the commission responsible for reviewing the legislation and working methods. It also notes that the study on access to the justice system for migrant domestic workers in Lebanon, which was conducted jointly by the ILO and the Caritas Lebanon Migrant Centre in 2014, recommends in particular that the standard employment contract be amended to reflect the provisions of the Domestic Workers Convention, 2011 (No. 189). The Committee again requests the Government to take steps to improve the protection of foreign domestic workers against discrimination based on the grounds specified by the Convention, particularly by amending the clauses of the standard employment contract and the means of redress in the event of violation of the contract. Please indicate whether it is envisaged to allow foreign domestic workers to change employers, especially in cases of abuse or discrimination.

Non-citizens. The Committee notes the statistics in the survey on employment for Palestinians published in 2014 by the ILO Regional Office for Arab States, according to which the economic activity rate for Palestinian refugees living in Lebanon is 42 per cent (15 per cent for Palestinian women) out of a total Palestinian refugee population of between 260,000 and 280,000 (90 per cent of whom were born in Lebanon). They are mainly employed in the commerce and construction sectors and their average earnings are well below the minimum wage. The Committee notes Decision No. 46/1 of 24 February 2011 concerning the occupations reserved for Lebanese nationals and those open equally to Palestinians and Lebanese. It also notes that the amendment to section 59 of the Labour Code in 2010 allows Palestinian refugees, on termination of their employment, to enjoy the rights conferred on Lebanese workers and to be exempted from the work permit tax. The Committee again requests the Government to indicate any measures taken to analyse the nature and extent of discriminatory employment practices against Palestinian refugees, and the measures taken to ensure their effective protection against discrimination based on the grounds specified by the Convention. The Government is also requested to specify the occupations to which refugees do not have access.

Enforcement. The Committee once again requests the Government to take steps to improve the capacity of the labour inspectorate to detect cases of discrimination in employment and occupation, and to raise awareness of the subject among magistrates, workers, employers and their organizations. The Government is also requested to make additional efforts to gather information on administrative or judicial decisions concerning cases relating to discrimination.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Articles 1 and 2 of the Convention. Protection of workers against discrimination. For many years the Committee has been asking the Government, as part of the reform of the Labour Code, to introduce a definition and a general prohibition of direct and indirect discrimination based on the grounds set out in Article 1(1)(a) of the Convention, in all aspects of employment and occupation. The Labour Code currently in force only covers discrimination between men and women in certain aspects of employment (section 26) and does not provide effective protection against all forms of sexual harassment (quid pro quo and hostile environment sexual harassment). The only section of the Code that could be applied in cases of sexual harassment is a provision which authorizes employees to leave their jobs without notice when “the employer or his representative is guilty of molestation of the worker” (section 75(3)). The Committee notes the Government’s indication that its comments on sexual harassment will be forwarded to the commission responsible for reviewing the legislation and working methods. The Committee recalls that the implementation of a genuine national equality policy aimed at eliminating any discrimination in employment and occupation presupposes the adoption of a range of specific measures, which often consist of a combination of legislative and administrative measures, collective agreements, public policies, affirmative action measures, dispute resolution and enforcement mechanisms, specialized bodies, practical programmes and awareness raising (see General Survey on the fundamental Conventions, 2012, paragraph 848). The Committee requests the Government to take the necessary steps to ensure that the future Labour Code contains provisions defining and prohibiting direct and indirect discrimination on the basis of at least all the grounds set out in Article 1(1)(a) of the Convention in all aspects of employment and occupation, and also all forms of sexual harassment. The Government is requested to provide detailed information on any progress made with a view to adopting the Labour Code. The Committee also requests the Government to adopt specific measures to ensure in practice the protection of workers against discrimination on the basis of race, colour, sex, religion, political opinion, national extraction and social origin, and against sexual harassment in employment and occupation, including measures to raise awareness of these issues among workers, employers and their respective organizations, and also measures for training labour inspectors and strengthening their action in this respect.

Foreign domestic workers. Multiple discrimination. For a number of years the Committee has been following the measures taken by the Government to address the lack of legal protection for domestic workers, most of whom are female migrants, since these workers are excluded from the scope of the Labour Code and are particularly vulnerable to discrimination on the basis of sex and other grounds such as race, colour or ethnic origin. The Committee notes that a Practical Guide on the Rights and Duties of Migrant Domestic Workers in Lebanon was published in 2012 by the Ministry of Labour, in collaboration with the ILO, and that it can be accessed on the Internet. However, referring to its 2013 observation under the Forced Labour Convention, 1930 (No. 29), the Committee notes that the situation of female migrant domestic workers, as described by the International Trade Union Confederation (ITUC), is particularly difficult, especially because they are tied to a particular employer under the sponsorship system, which places them in a situation of increased vulnerability. The Committee also notes the study on access to the justice system for migrant domestic workers in Lebanon, which was conducted jointly by the ILO and the Caritas Lebanon Migrant Centre in 2014. The study concludes that bringing domestic workers under the coverage of the labour legislation is essential in order to eliminate the “grey areas” in which numerous violations of their rights remain unpunished and in order to provide magistrates with a complete legal framework. One of the study’s recommendations is to improve the legislation and legal protection for migrant domestic workers, to reinforce the capacity of key players, including workers’ organizations, and to develop preventive mechanisms. The Committee notes that the Government refers in its report to the existence of a bill concerning the employment of domestic workers, as it has been doing for some time, without specifying its current content or the time frame for examination and adoption thereof. The Committee would emphasize once again that the bill provides an opportunity to make effective improvements to the protection of migrant domestic workers against any form of discrimination on the grounds specified in the Convention, including sexual harassment, and to regulate their working conditions by means of specific legislation establishing their rights and duties and also those of their employers. The Committee requests the Government to take the necessary measures, in collaboration with the social partners, to provide genuine protection in law and in practice for migrant domestic workers against direct and indirect discrimination based on all the grounds set out in the Convention in all aspects of their employment. The Committee also requests the Government to take steps to ensure that the bill concerning the employment of domestic workers is adopted in the near future and to supply information on all progress made in this respect.

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

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes 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:

Repetition

Sexual harassment. The Committee notes the Government’s statement that draft section 86(3) is still under discussion and that sexual harassment is adequately covered in the Penal Code. The Government indicates, however, that it will make an effort to ensure that the internal statutes of undertakings include a penalty for sexual harassment, define sexual harassment and identify the manner of raising awareness in this regard. The Committee recalls the importance of taking effective measures to prevent and prohibit all forms of work-related sexual harassment (severe as well as more subtle forms of sexual harassment) and draws the attention to the limited effect of penal law provisions, including those relating to burden of proof. The Committee notes the observations of the Association of Lebanese Industrialists supporting more comprehensive protection against sexual harassment in the national legislation, including in the Labour Law. The Committee urges the Government to make progress in adopting effective legal and practical measures aimed at preventing and prohibiting both quid pro quo as well as hostile environment sexual harassment as defined in its 2002 general observation. Please indicate the steps taken to ensure that sexual harassment in all its forms is addressed in the internal statutes of undertakings, including awareness raising.

Discrimination based on sex – Unjustified restrictions on women’s employment. The Committee notes the Government’s explanation that section 35 of the draft Labour Law specifies that:

• Women’s employment shall be prohibited in dangerous, exhausting tasks or in tasks which harm their biological condition of maternity and pregnancy, provided that they are fixed by virtue of a decree to be taken by the Council of Ministers, on the basis of a proposal by the Minister of Labour. Their employment shall also be prohibited, regardless of their age, underground, in any mine.

With regard to the employment of women in mines, the Committee refers to its 2009 direct request on the Underground Work (Women) Convention, 1935 (No. 45), and hopes that these will be taken into account in the final drafting of section 35. Noting that draft 86(3) still appears to broadly prohibit women’s employment in dangerous and exhausting tasks, the Committee urges the Government to make every effort to ensure that the final text of 86(3) only allows for employment restrictions on women that are strictly limited to maternity protection.

Discrimination based on religion in the civil service. The Committee notes that the rule of equal representation of religions for first category posts continues to be maintained, and notes the data provided by the Government on the number of first category employees of Christian and of Muslim faith. However, it regrets that again no data have been provided on the composition of the labour force in the other categories of the public service, disaggregated by sex and religion, following competitive exams pursuant to section 54 of Act No. 583 of 23 April 2008. The Civil Service Council states that the appointment of persons who pass the exams is left to the discretion of the body or institution in question and that it does not have data on those employed or those who succeeded in obtaining contracts subsequent to the exams. Recalling that collecting data on the composition of the civil service is essential for assessing any inequalities relating to access to all posts in the civil service and for an effective evaluation of the progress made in applying the Convention, the Committee urges the Government to make serious efforts to collect and provide comprehensive data, disaggregated by sex and religion, on the composition of men and women and their religions in all posts of the civil service. Please continue to provide information on any developments regarding the rule of equal representation of religions in top positions.

Equality between men and women – Civil service. The Committee notes the persisting low representation (9.19 per cent) of women in the highest category of the public administration, and notes from the Government’s report that the Council of Ministers recommended allocating a quota for women in the first category of the civil service. The Civil Service Council also reasserts that due to the principle of merit and competence in competitive exams, appointment or employment is being decided on the basis of the results of exams regardless of the sex of the competent candidate. While noting these explanations, the Committee recalls the overall low percentage of women employed in public administration, public institutions and municipalities. The Committee therefore asks the Government to indicate the underlying causes for the low percentage of women employed in the civil service and the measures taken or envisaged to promote their access in a wider range of posts. Please provide information on any follow up given to the recommendation to allocate a quota for women in the highest category of public administration, and the results achieved.

Equality between men and women – Private sector. The Committee notes the Government’s statement that there is no discrimination between men and women as all areas of work are open to all and depend on merit and competence. The Committee recalls the overall low participation of women in the private sector and their enrolment in training courses such as aesthetics, nursing and childcare, and administration, which are stereotypically “female” and which have fewer career prospects. The Committee points out that the Convention also covers situations where inequality is observed in the absence of a clearly identifiable author, including occupational gender segregation, and that these need to be addressed in the context of a national policy on equality required under Article 2 of the Convention. The Committee asks the Government to make every effort to provide statistical data, disaggregated by sex, as detailed as possible on the employment of men and women in the various economic sectors and occupations, and to indicate all measures taken to promote women’s participation in a wide range of occupations and training courses, including those traditionally reserved for men and offering better career opportunities.

Foreign domestic workers. The Committee notes the Government’s indications that the unified employment contract for foreign domestic workers is quasi obligatory and must be formulated according to the model adopted by the National Conciliation Committee. The Government states that there are over a 100,000 contracts, which is equal to the number of female migrants engaged in domestic work. The Committee notes that clauses 16(a) and (b) and 17(a)–(c) of the unified employment contract for foreign domestic workers cover termination of employment by the employer or the worker. It notes in particular clause 16(a) which allows the employer to terminate the contract if the worker “commits a deliberate mistake, neglect, assault or threat, or causes any damage to the interest of the employer or any member of his or her family”, and clause 17(a) and (b) which allows the foreign domestic worker to terminate the contract in the case of non-payment of wages for three consecutive months, or if the employer or a family member or any resident in the house “beats, assaults, sexually abuses or harasses the domestic worker after such has been established through medical reports given by a forensic physician and investigation records provided by the Judicial Police or Ministry of Labour”. The Committee is concerned that the broad wording in clause 16(a) regarding termination of employment by the employer and the onerous requirements in clause 17(a) on the worker wishing to terminate the contract in the cases of violence, abuse or harassment, severely limits the effective protection of workers against discrimination, including sexual harassment, and renders illusionary their possibility for effective redress, especially since termination always results in the foreign domestic worker having to leave the country. The Committee had previously noted that the permit of a foreign worker who has been exposed to aggression by the employer shall be retrieved. Foreign domestic workers suffering from discrimination and abuse may therefore refrain from bringing complaints and seeking redress out of fear of retaliation by the employer, including termination or non-renewal of the employment contract. The Committee notes that the complaints office set up by the Ministry of Labour received only six complaints, one of which was directly submitted by a domestic worker, four by non-governmental organizations and one by an embassy. Complaints related to non-payment of wages, prohibition of phone calls; non-application of the employment contract, and abuse and sexual harassment. No information has been provided regarding whether any cases have been submitted to the courts. The Committee asks the Government to take measures to improve the protection against discrimination of foreign domestic workers and their means of redress in cases of violations of the unified employment contract, and to indicate whether any consideration is being given to allowing flexibility for the foreign domestic worker to change employer especially in cases of abuse and discrimination. The Committee also asks the Government to indicate any measures taken to improve access of foreign domestic workers to legal remedies and speedy complaints procedures and continue to provide information on the number and nature of the complaints submitted by domestic workers for violations of the unified employment contract, Order No. 7/1 of 2003 and Order No. 13/1 of 2009 regarding employment agencies who bring in foreign domestic workers, and the outcomes achieved, as well as any cases addressed by the courts.

Non-citizens. The Committee recalls the high unemployment rate for male (9 per cent) and female (26 per cent) Palestinian refugees, and their vulnerability to inequalities and prejudices with respect to access to employment. The Committee notes the Government’s statement that the National Assembly inserted a paragraph into section 59 of the current Labour Law relating to Palestinian refugees, and that after promulgation of the Law the Government will provide available statistics on employment of Palestinian refugees. The Committee asks the Government to provide the text of the amendment to section 59 of the Labour Law and hopes that the requested statistics on the employment of non-citizens, disaggregated by sex and origin, and in particular Palestinian refugees, will be included in the Government’s next report. The Committee reiterates its request to the Government to indicate any measures taken to analyze the nature and extent of discriminatory employment practices against Palestinian refugees and the measures taken to ensure their effective protection against discrimination.

Enforcement. The Committee notes the absence in the Government’s report of specific information on training activities for the labour inspectorate relating to equality and non-discrimination, and that no decisions have been rendered on questions of principle relating to the application of the Convention. The Committee asks the Government to continue efforts to improve the capacity of the labour inspectorate to address discrimination in employment and occupation, and to report on any progress made. The Government is also requested to make additional efforts to gather information on administrative or judicial decisions to cases relating to discrimination.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

The Committee notes the observations of the Association of Industrialists, annexed to the Government’s report.

Legislative prohibition of discrimination in employment and occupation. For a number of years, the Committee has been encouraging the Government to take the opportunity in the context of revision of the Labour Code to introduce a comprehensive prohibition of direct and indirect discrimination in employment and occupation based on all the grounds set out in Article 1(1)(a) of the Convention. The Committee notes the Government’s statement that section 1 (definition of wage earner) of the draft Labour Law specifies “… without any discrimination whatsoever as to race, colour, sex, religion, national extraction, political opinion and social origin, which is likely to invalidate or weaken the application of the principle of equal opportunity or treatment in employment and occupation”. Draft section 35 (protection of women against discrimination) specifies that “… all legal provisions which regulate work without discrimination, or distinction in the same work shall apply to working women, with respect to wages, conditions of recruitment, promotion, and vocational training for the reasons mentioned in section 1 of this law ...”. The Committee must once again point out that the mere inclusion of a non-discrimination clause in the definition of “wage earner” does not offer effective protection against discrimination and falls short of prohibiting discrimination in employment and occupation as defined in the Convention. The Committee asks the Government to take the opportunity to insert a separate provision prohibiting direct and indirect discrimination based on at least all the grounds set out in Article 1(1)(a) of the Convention with respect to all aspects of employment and occupation. The Committee asks the Government to provide detailed information on any progress made in the adoption of the draft Labour Law.

Domestic workers. For a number of years, the Committee has been following the measures taken by the Government to address the lack of legal protection of domestic workers, many of whom are female migrants, due to concerns regarding potential discrimination against these workers on the basis of sex as well as other grounds such as race, colour or ethnic origin, contrary to the Convention. The Committee recalls that “domestic servants employed in private houses” are excluded from the scope of application of the Labour Code of 1946 (section 7(1)) and that contractual relations between domestic workers and private individuals employing them to perform domestic work in their residence are governed by the Law on obligations and contracts. The Committee had previously welcomed some measures taken by the Government to improve the employment situation of female migrant domestic workers, including the establishment of a National Steering Committee (2006), Decision No. 70/1 of 9 July 2003 and Decision No. 13/1 of 22 January 2009 relating to employment agencies for foreign domestic workers, and the publication of a standard contract of employment for foreign domestic workers in 2009.

The Committee notes that section 5(1) of the draft Labour Law continues to exclude “Servants and whoever is of a similar standing performing housework and living in the homes of their employers”, from its scope of application – which would in practice largely concern foreign domestic workers due to their contractual obligation to reside in the employer’s home. The Committee also notes that a comprehensive draft Law on the regulation of domestic workers is being discussed and considers this an opportunity to improve protection of domestic workers, nationals and non-nationals, against discrimination and to regulate their working conditions in their own right. The Committee notes in this regard the Government’s decision to wait for the outcome of the deliberations on the draft ILO instruments on domestic workers in June 2011 before continuing the examination of the draft law, with a view to bringing its national legislation into conformity with international standards. Noting the adoption of the Domestic Workers Convention, 2011 (No. 189), the Committee asks the Government to review the draft Law on the regulation of domestic workers, which it hopes will include a specific provision expressly prohibiting direct and indirect discrimination of domestic workers in all aspects of their work. Please provide information on any progress made in the adoption of the draft Law.

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

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

Sexual harassment. The Committee notes the Government’ statement that draft section 86(3) is still under discussion and that sexual harassment is adequately covered in the Penal Code. The Government indicates, however, that it will make an effort to ensure that the internal statutes of undertakings include a penalty for sexual harassment, define sexual harassment and identify the manner of raising awareness in this regard. The Committee recalls the importance of taking effective measures to prevent and prohibit all forms of work-related sexual harassment (severe as well as more subtle forms of sexual harassment) and draws the attention to the limited effect of penal law provisions, including those relating to burden of proof. The Committee notes the observations of the Association of Lebanese Industrialists supporting more comprehensive protection against sexual harassment in the national legislation, including in the Labour Law. The Committee urges the Government to make progress in adopting effective legal and practical measures aimed at preventing and prohibiting both quid pro quo as well as hostile environment sexual harassment as defined in its 2002 general observation. Please indicate the steps taken to ensure that sexual harassment in all its forms is addressed in the internal statutes of undertakings, including awareness raising.

Discrimination based on sex – Unjustified restrictions on women’s employment. The Committee notes the Government’s explanation that section 35 of the draft Labour Law specifies that:

Women’s employment shall be prohibited in dangerous, exhausting tasks or in tasks which harm their biological condition of maternity and pregnancy, provided that they are fixed by virtue of a decree to be taken by the Council of Ministers, on the basis of a proposal by the Minister of Labour. Their employment shall also be prohibited, regardless of their age, underground, in any mine.

With regard to the employment of women in mines, the Committee refers to its 2009 direct request on the Underground Work (Women) Convention, 1935 (No. 45) and hopes that these will be taken into account in the final drafting of section 35. Noting that draft 86(3) still appears to broadly prohibit women’s employment in dangerous and exhausting tasks, the Committee urges the Government to make every effort to ensure that the final text of 86(3) only allows for employment restrictions on women that are strictly limited to maternity protection.

Discrimination based on religion in the civil service. The Committee notes that the rule of equal representation of religions for first category posts continues to be maintained, and notes the data provided by the Government on the number of first category employees of Christian and of Muslim faith. However, it regrets that again no data have been provided on the composition of the labour force in the other categories of the public service, disaggregated by sex and religion, following competitive exams pursuant to section 54 of Act No. 583 of 23 April 2008. The Civil Service Council states that the appointment of persons who pass the exams is left to the discretion of the body or institution in question and that it does not have data on those employed or those who succeeded in obtaining contracts subsequent to the exams. Recalling that collecting data on the composition of the civil service is essential for assessing any inequalities relating to access to all posts in the civil service and for an effective evaluation of the progress made in applying the Convention, the Committee urges the Government to make serious efforts to collect and provide comprehensive data, disaggregated by sex and religion, on the composition of men and women and their religions in all posts of the civil service. Please continue to provide information on any developments regarding the rule of equal representation of religions in top positions.

Equality between men and women – Civil service. The Committee notes the persisting low representation (9.19 per cent) of women in the highest category of the public administration, and notes from the Government’s report that the Council of Ministers recommended allocating a quota for women in the first category of the civil service. The Civil Service Council also reasserts that due to the principle of merit and competence in competitive exams, appointment or employment is being decided on the basis of the results of exams regardless of the sex of the competent candidate. While noting these explanations, the Committee recalls the overall low percentage of women employed in public administration, public institutions and municipalities. The Committee therefore asks the Government to indicate the underlying causes for the low percentage of women employed in the civil service and the measures taken or envisaged to promote their access in a wider range of posts. Please provide information on any follow up given to the recommendation to allocate a quota for women in the highest category of public administration, and the results achieved.

Equality between men and women – Private sector. The Committee notes the Government’s statement that there is no discrimination between men and women as all areas of work are open to all and depend on merit and competence. The Committee recalls the overall low participation of women in the private sector and their enrolment in training courses such as aesthetics, nursing and childcare, and administration, which are stereotypically “female” and which have fewer career prospects. The Committee points out that the Convention also covers situations where inequality is observed in the absence of a clearly identifiable author, including occupational gender segregation, and that these need to be addressed in the context of a national policy on equality required under Article 2 of the Convention. The Committee asks the Government to make every effort to provide statistical data, disaggregated by sex, as detailed as possible on the employment of men and women in the various economic sectors and occupations, and to indicate all measures taken to promote women’s participation in a wide range of occupations and training courses, including those traditionally reserved for men and offering better career opportunities.

Foreign domestic workers. The Committee notes the Government’s indications that the unified employment contract for foreign domestic workers is quasi obligatory and must be formulated according to the model adopted by the National Conciliation Committee. The Government states that there are over a 100,000 contracts, which is equal to the number of female migrants engaged in domestic work. The Committee notes that clauses 16(a) and (b) and 17(a)–(c) of the unified employment contract for foreign domestic workers cover termination of employment by the employer or the worker. It notes in particular clause 16(a) which allows the employer to terminate the contract if the worker “commits a deliberate mistake, neglect, assault or threat, or causes any damage to the interest of the employer or any member of his or her family”, and clause 17(a) and (b) which allows the foreign domestic worker to terminate the contract in the case of non-payment of wages for three consecutive months, or if the employer or a family member or any resident in the house “beats, assaults, sexually abuses or harasses the domestic worker after such has been established through medical reports given by a forensic physician and investigation records provided by the Judicial Police or Ministry of Labour”. The Committee is concerned that the broad wording in clause 16(a) regarding termination of employment by the employer and the onerous requirements in clause 17(a) on the worker wishing to terminate the contract in the cases of violence, abuse or harassment, severely limits the effective protection of workers against discrimination, including sexual harassment, and renders illusionary their possibility for effective redress, especially since termination always results in the foreign domestic worker having to leave the country. The Committee had previously noted that the permit of a foreign worker who has been exposed to aggression by the employer shall be retrieved. Foreign domestic workers suffering from discrimination and abuse may therefore refrain from bringing complaints and seeking redress out of fear of retaliation by the employer, including termination or non-renewal of the employment contract. The Committee notes that the complaints office set up by the Ministry of Labour received only six complaints, one of which was directly submitted by a domestic worker, four by non-governmental organizations and one by an embassy. Complaints related to non-payment of wages, prohibition of phone calls; non-application of the employment contract, and abuse and sexual harassment. No information has been provided regarding whether any cases have been submitted to the courts. The Committee asks the Government to take measures to improve the protection against discrimination of foreign domestic workers and their means of redress in cases of violations of the unified employment contract, and to indicate whether any consideration is being given to allowing flexibility for the foreign domestic worker to change employer especially in cases of abuse and discrimination. The Committee also asks the Government to indicate any measures taken to improve access of foreign domestic workers to legal remedies and speedy complaints procedures and continue to provide information on the number and nature of the complaints submitted by domestic workers for violations of the unified employment contract, Order No. 7/1 of 2003 and Order No. 13/1 of 2009 regarding employment agencies who bring in foreign domestic workers, and the outcomes achieved, as well as any cases addressed by the courts.

Non-citizens. The Committee recalls the high unemployment rate for male (9 per cent) and female (26 per cent) Palestinian refugees, and their vulnerability to inequalities and prejudices with respect to access to employment. The Committee notes the Government’s statement that the National Assembly inserted a paragraph into section 59 of the current Labour Law relating to Palestinian refugees, and that after promulgation of the Law the Government will provide available statistics on employment of Palestinian refugees. The Committee asks the Government to provide the text of the amendment to section 59 of the Labour Law and hopes that the requested statistics on the employment of non-citizens, disaggregated by sex and origin, and in particular Palestinian refugees, will be included in the Government’s next report. The Committee reiterates its request to the Government to indicate any measures taken to analyze the nature and extent of discriminatory employment practices against Palestinian refugees and the measures taken to ensure their effective protection against discrimination.

Enforcement. The Committee notes the absence in the Government’s report of specific information on training activities for the labour inspectorate relating to equality and non-discrimination, and that no decisions have been rendered on questions of principle relating to the application of the Convention. The Committee asks the Government to continue efforts to improve the capacity of the labour inspectorate to address discrimination in employment and occupation, and to report on any progress made. The Government is also requested to make additional efforts to gather information on administrative or judicial decisions to cases relating to discrimination.

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

The Committee notes the observations of the Association of Industrialists, annexed to the Government’s report.

Legislative prohibition of discrimination in employment and occupation. For a number of years, the Committee has been encouraging the Government to take the opportunity in the context of revision of the Labour Code to introduce a comprehensive prohibition of direct and indirect discrimination in employment and occupation based on all the grounds set out in Article 1(1)(a) of the Convention. The Committee notes the Government’s statement that section 1 (definition of wage earner) of the draft Labour Law specifies “… without any discrimination whatsoever as to race, colour, sex, religion, national extraction, political opinion and social origin, which is likely to invalidate or weaken the application of the principle of equal opportunity or treatment in employment and occupation”. Draft section 35 (protection of women against discrimination) specifies that “… all legal provisions which regulate work without discrimination, or distinction in the same work shall apply to working women, with respect to wages, conditions of recruitment, promotion, and vocational training for the reasons mentioned in section 1 of this law ...”. The Committee must once again point out that the mere inclusion of a non-discrimination clause in the definition of “wage earner” does not offer effective protection against discrimination and falls short of prohibiting discrimination in employment and occupation as defined in the Convention. The Committee asks the Government to take the opportunity to insert a separate provision prohibiting direct and indirect discrimination based on at least all the grounds set out in Article 1(1)(a) of the Convention with respect to all aspects of employment and occupation. The Committee asks the Government to provide detailed information on any progress made in the adoption of the draft Labour Law.

Domestic workers. For a number of years, the Committee has been following the measures taken by the Government to address the lack of legal protection of domestic workers, many of whom are female migrants, due to concerns regarding potential discrimination against these workers on the basis of sex as well as other grounds such as race, colour or ethnic origin, contrary to the Convention. The Committee recalls that “domestic servants employed in private houses” are excluded from the scope of application of the Labour Code of 1946 (section 7(1)) and that contractual relations between domestic workers and private individuals employing them to perform domestic work in their residence are governed by the Law on obligations and contracts. The Committee had previously welcomed some measures taken by the Government to improve the employment situation of female migrant domestic workers, including the establishment of a National Steering Committee (2006), Decision No. 70/1 of 9 July 2003 and Decision No. 13/1 of 22 January 2009 relating to employment agencies for foreign domestic workers, and the publication of a standard contract of employment for foreign domestic workers in 2009.

The Committee notes that section 5(1) of the draft Labour Law continues to exclude “Servants and whoever is of a similar standing performing housework and living in the homes of their employers”, from its scope of application – which would in practice largely concern foreign domestic workers due to their contractual obligation to reside in the employer’s home. The Committee also notes that a comprehensive draft Law on the regulation of domestic workers is being discussed and considers this an opportunity to improve protection of domestic workers, nationals and non-nationals, against discrimination and to regulate their working conditions in their own right. The Committee notes in this regard the Government’s decision to wait for the outcome of the deliberations on the draft ILO instruments on domestic workers in June 2011 before continuing the examination of the draft law, with a view to bringing its national legislation into conformity with international standards. Noting the adoption of the Domestic Workers Convention, 2011 (No. 189), the Committee asks the Government to review the draft Law on the regulation of domestic workers, which it hopes will include a specific provision expressly prohibiting direct and indirect discrimination of domestic workers in all aspects of their work. Please provide information on any progress made in the adoption of the draft Law.

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

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Sexual harassment. The Committee notes that the Government is again studying the draft amendment to the Labour Law in light of the Committee’s comments on draft section 86(3). The Committee also notes the Government’s statement that the Penal Code punishes sexual harassment, as does section 75 of the current Labour Law. The Committee recalls that sex-related offences established under penal law generally cover severe forms of sexual harassment and do not provide sufficient protection against other forms of sexual harassment at work mentioned in the Committee’s general observation of 2002. The Committee hopes that the Government, in finalizing section 86(3) of the draft Labour Law, will take the opportunity to explicitly define and prohibit all forms of sexual harassment as defined in the 2002 general observation. The Committee also asks the Government to indicate the specific measures taken, including awareness-raising programmes for workers and employers, to prevent and address sexual harassment at work.

Discrimination on the basis of religion in the civil service. The Committee recalls its previous comments regarding the need to assess any inequalities relating to access to all posts in the civil service on the basis of religion. The Committee notes the Government’s statement that revoking the rule of equal representation of religions in jobs of the first category is closely related to measures aimed at revoking the religious groups specified in the Constitution. The Committee further notes the Government’s explanations regarding the difficulties relating to the availability of data, disaggregated by religion, on the composition of the civil service. The Committee nevertheless urges the Government to make serious efforts to compile the necessary data on men and women and their respective religions employed in all categories in the civil service, especially those following competitions organized pursuant to section 54 of Act No. 583 of 23 April 2004. It also asks the Government to continue to provide updates on the status of the rule on equal representation of religions in top positions of the civil service.

Discrimination based on sex – unjustified restrictions on the employment of women. The Committee notes the Government’s statement that section 35 of the draft amendment to the Labour Law does not aim to exclude women from certain types of employment, and that exceptions concern those measures aimed at protecting women during pregnancy and maternity, and “those which are provided for in certain regulations to ensure protection in accordance with the cases authorized by the Convention”. The Committee notes that under Article 5(1) of the Convention, the only measures differentiating between men and women that are permitted, and this on an exceptional basis, are those that promote genuine equality in society or those which are justified by the existence and persistence of overriding biological and physiological reasons, as in the case of maternity and pregnancy. Noting further the Government’s affirmation that the Committee’s comments will be taken into account during the revision of the draft Labour Law, the Committee hopes that the final text of the draft Labour Law will ensure that employment restrictions for women are strictly limited to the biological conditions of pregnancy and maternity.

Equality between men and women in the civil service. The Committee recalls the very low percentage of women in the public administration, public institutions and municipalities, especially in the posts of the highest category. The Committee notes the Government’s reply that competitions and subsequent appointments in the civil service are based on the principles of merit and worthiness, which prevent discrimination based on sex. The Committee asks the Government to provide information on the following:

(i)    the measures taken or envisaged to ensure that employment decisions in the civil service are made on the basis of an unbiased assessment of individual merit, excluding stereotypical considerations and overcoming discriminatory direct and indirect practices;

(ii)   the measures taken or envisaged in respect of further training and promotion to ensure the representation of women at all levels of the civil service, including the higher levels, and to continue to provide statistics on the number and grades of the women currently employed in the civil service, particularly in positions of responsibility.

Access of women in employment in the private sector. The Committee recalls, despite some positive developments, the overall low participation rate of women in the private sector. The Committee notes the statistics provided on intensified training organized by the National Employment Agency (Report No. 365/r of 2008), as well as those on training provided from 2005 to 2007 by the National Centre for Vocational Training, annexed to the Government’s report on the Human Resources Development Convention, 1975 (No. 142). The statistics indicate however, that, apart from information technology, women continue to be enrolled in so-called typical feminine courses such as aesthetics, nursing, childcare, and administration, which are generally known for having fewer career prospects. The Committee further notes that, in May 2008, the Government requested assistance from the ILO to organize a tripartite workshop on women in non-traditional occupations, and that the Ministry of Labour intends to organize a workshop on the participation of women in economic life, including on means to reconcile work and family responsibilities. The Committee hopes that the Government will soon be able to benefit from the requested assistance, and asks the Government to provide information on the recommendations made at these workshops and any follow-up given to them. The Government is also requested to indicate any other measures taken, and the results achieved, to encourage women to enrol in a wider variety of vocational training courses, including those traditionally attended by men, and those offering better career opportunities.

Non-citizens. Discrimination on the basis of sex, race, colour and national extraction. The Committee recalls that the protection against discrimination on the grounds set out in the Convention covers both citizens and non-citizens. It recalls the high unemployment rate for male (9 per cent) and female (26 per cent) Palestinian refugees, and their vulnerability to inequalities and prejudices with respect to access to employment. The Committee notes the Government’s statement that the low participation of Palestinian refugee women may be explained by their lack of desire to work, but that a few are employed in hospitals and supermarkets. The Committee requests the Government to provide up to date statistics, disaggregated by sex and origin, on the employment of non-citizens, especially Palestinian refugees. It encourages the Government to take steps to analyse the nature and extent of any discriminatory employment practices that may exist against non-citizens, especially Palestinian men and women, and the measures taken to ensure their effective protection provided for by the Convention.

Migrant domestic workers. The Committee recalls the particularly vulnerable situation, including their contractual obligation to reside in the employer’s home, of female migrant domestic workers, and their exemption from the Labour Law. The Committee notes the Government’s explanations that domestic workers are exempted from the Labour Law due to the different nature of their work, which requires special legislation. In this regard, the Committee notes that the Government has taken measures to improve the employment situation of female foreign domestic workers, such as: Order No. 70/1 of 9 July 2003 on the organization of work of agencies which bring in foreign female domestic workers, which provides for the obligations of employers with regard to working and living conditions of domestic workers, payment of their wages, and contains provisions concerning submission of complaints, supervision and labour inspection; Order No. 13/1 of 22 January 2009 on private employment agencies for migrant domestic workers, which, among others, prohibits agencies and their employees from beating domestic workers; and the adoption in 2009, by the Ministry of Labour, of the unified contract for migrant domestic workers, which specifically sets out the rights of domestic workers concerning the payment of their monthly salary (in cash) and benefits in kind, medical care, working time arrangements, annual leave and sick leave, contains provisions on termination in serious cases of abuse, harassment, and maltreatment, and provisions on the submission of complaints with the Ministry of Labour and the courts. Furthermore, guidance material on the rights and obligations of employers and workers is being developed in nine languages. The Committee notes these initiatives with interest but considers that further information is needed demonstrating that they are effectively protecting foreign domestic workers against discrimination in employment and occupation based on all the grounds of the Convention. The Committee notes in this regard from the Government’s report that the permit of a foreign worker who has been exposed to aggression by the employer shall be retrieved, which may increase the reluctance of foreign domestic workers to submit complaints to the Ministry of Labour or the courts. The Committee therefore asks the Government to provide in its next report information on the following:

(i)    an indication of the number of employers that have made use of the unified contract for foreign domestic workers;

(ii)   the nature and number of complaints submitted by foreign domestic workers for violations of the unified contract or Order No. 7/1 of 2003, and the outcomes achieved; and

(iii) any other measures taken, including the national action plan on domestic workers, to improve the employment status and the rights of foreign domestic workers, especially women, and protect them against discrimination in employment.

Enforcement. The Committee notes that activities are under way to improve the capacity of the labour inspectorate to implement international labour standards, including those on equality and non-discrimination, and asks the Government to provide information on these activities and their follow up. Recalling the importance of gathering information on administrative or judicial decisions relating to discrimination cases, the Committee hopes the Government will make special efforts to this end.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Legislative prohibition of discrimination in employment and occupation. The Committee recalls its previous observation indicating that section 1 (definition of wage earner) and section 35 (protection of women against discrimination) of the most recent version of the draft Labour Law still fell short of prohibiting discrimination in employment and occupation based on all the grounds defined in the Convention. The Committee notes the Government’s statement that the commission charged with the revision of the draft Labour Law is still finalizing its work. Recalling that the Committee has been drawing the Government’s attention to this point for many years, the Committee trusts that the Government will make every effort to ensure that the draft Labour Law will soon be adopted and that its final version will include an explicit prohibition of direct and indirect discrimination based on race, colour, sex, religion, national extraction, political opinion and social origin in respect of all aspects of employment. The Committee asks the Government to provide detailed information on any progress made in this regard.

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

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Article 1(1)(a) of the Convention. Sexual harassment. The Committee notes that section 86(3) of the draft Labour Law gives the wage earner the right to terminate the employment contract without notice if the employer or the employer’s representative commits anything inconsistent with public morals against the wage earner or a member of his or her family. The Committee considers that this provision is not sufficient to protect workers against sexual harassment, as the only remedy offered to victims is the right to leave their jobs without consequences for the perpetrators or the employer. In addition, the sex-related offences established under the penal law generally cover severe forms of sexual harassment. They may however not be adequate to prevent and address many other forms of sexual harassment at work, whether quid pro quo or hostile working environment harassment, as identified in the Committee’s general observation of 2002. The Committee, therefore, asks the Government to amend section 86(3) of the draft Labour Law and to include an explicit provision defining and prohibiting all forms of sexual harassment at work, and to report on the progress made. Please also provide information on any measures taken, including awareness-raising programmes, to prevent and address sexual harassment at work.

2. Discrimination on the basis of religion in the civil service. The Committee notes the statistical data provided on first category employees in the public administration indicating that out of a total of 104 employees, 50 are of the Christian faith and 54 are of the Muslim faith. No data have been provided on the nominations of the men and women and their respective religions for other categories in the civil service, following competitions organized pursuant to section 54 of Act No. 583 of 23 April 2004. The Committee recalls once again that such data are essential for an effective evaluation of inequalities that might exist in the public service and for developing appropriate strategies to address them. Furthermore, the Committee notes the information provided in the Government’s report that the situation concerning religious representation in the civil service is transitional and that for now the rule of equal representation of religions for top positions will be maintained. The Committee asks the Government to keep it informed of any developments with respect to the rule of equal representation of religions in top positions of the civil service. It further trusts that the Government will make every effort to compile data on the composition of the public service, disaggregated by religion, so as to enable the Committee to assess the progress made in promoting equality with respect to religion in the public service.

3. Articles 2 and 3. Discrimination based on sex – unjustified restrictions on employment of women. With respect to its previous comments concerning
section 35 of the draft Labour Law, the Committee notes the Government’s indication that employment restrictions take into account women’s nature and physiological condition. The Committee recalls that the Convention allows protective legislation excluding women from certain types of employment when measures are intended to protect pregnancy and maternity and if they are sufficiently delimited. The Committee considers that the current wording of section 35 entails the risk that government decrees adopted under this provision would include unjustified restrictions going beyond the protection of the biological conditions of pregnancy and maternity. The Committee asks the Government to consider revising section 35 in light of the ILO resolution of 1985 on equality of opportunity between men and women, and ensure that any employment restrictions for women are strictly linked to the biological conditions of pregnancy and maternity.

4. Equality between men and women in the civil service. The Committee notes the statistics provided by the Civil Service Council on employment in the public administration highlighting the low percentage of women employed as civil servants (28.8 per cent) and their under-representation in the highest category (7.2 per cent). With respect to employment in public institutions and municipalities covered by the Civil Service Council, women represent only 8 per cent and 29.8 per cent respectively of civil servants. Likewise, in the other categories of employment in the public administration, public institutions and municipalities, the percentage of women generally remains extremely low. The Committee asks the Government to indicate in its next report the underlying causes for the low percentage of women employed in the civil service and the measures taken or envisaged to improve their access to a wider variety of posts, including in the highest categories of employment.

5. Access of women to employment in the private sector. The Committee notes the information in the Government’s report that the participation rate of women is 25 per cent of the total number of women of working age, and 36 per cent for the age group of 18 to 35 years old. In addition, women are taking up leading administrative positions in large undertakings (17.1 per cent) and in small enterprises (8.3 per cent). The Government further indicates that, in spite of practical difficulties confronting women, such as reconciling work and family responsibilities, women have entered liberal professions and new specializations formerly restricted to men, such as engineering, medicine, accountancy and the business sector. The Committee welcomes these developments, but considers that overall women’s labour force participation remains low. The Committee, therefore, reiterates its request to the Government to provide information on the specific measures taken to increase women’s participation in non-traditional occupations and those offering better career opportunities, and to assist them in better reconciling their work and family responsibilities, and on the results achieved.

6. Discrimination on the basis of race, colour and national extraction. Further to its previous comments concerning the protection of non-Lebanese citizens against discrimination, the Committee notes the information provided by the Government on the jobs and occupations restricted only to Lebanese citizens. The Committee also notes that, in 2005, the Minister of Labour allowed, by virtue of Memorandum No. 67/1, Palestinian refugees, born in Lebanon and registered at the Directorate General of Political and Refugee Affairs of the Ministry of the Interior, to practice clerical and administrative employment which had previously been restricted to Lebanese citizens. The Committee notes from recent research commissioned by the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) in 2006 and 2007 that Palestinian refugees continue to face inequalities and prejudices with respect to access to employment and occupation. Palestinian women are even more disadvantaged than Palestinian men. For instance, while the unemployment rate of male Palestinian refugees is
9 per cent, women’s unemployment rate is as high as 26 per cent. The Committee is particularly concerned about the employment situation of Palestinian refugees and their vulnerability to discrimination in the labour market on the basis of race, colour or national extraction. The Committee, therefore, asks the Government to provide information in its next report on any research undertaken or envisaged to analyse the nature and extent of discriminatory employment practices against Palestinian men and women refugees; and on the measures taken to ensure effective protection of Palestinian refugees, and migrant workers in general, against discrimination in employment and occupation.

7. Migrant workers. Domestic workers. The Committee notes that the draft Labour Law continues to exclude “servants and whoever is in a similar standing performing house work and living in the homes of their employer” (section 5), an exclusion which in practice largely applies to women migrant domestic workers, as they have the contractual obligation to reside in the employer’s home. The Committee also notes from the Assessment on the migrant labour situation in Lebanon. The case of women migrant domestic workers (2007) that women migrant domestic workers are in a particularly vulnerable situation due to factors such as gender stereotyping, lack of protection by labour legislation, regulations that curtail their freedom of movement and human rights, and the obligation to live in the employer’s home which exposes them to potential exploitation and abuse. This contractual obligation appears to distinguish them from male migrant workers who are not subject to such an obligation. The Committee is concerned that this legal vacuum perpetuates potential discrimination of women migrant domestic workers on the basis of sex as well as other grounds such as race, colour or ethnic origin, contrary to the Convention. It notes, however, the Government’s commitment, expressed at a national awareness-raising workshop on migrant domestic workers held in November 2005 and during an ILO technical advisory mission on private employment agencies in April 2006, to improve the legal and policy framework for the protection of migrant domestic workers and develop a national action plan with components on capacity building and awareness raising on the relevant international labour standards applicable to them. The Committee further notes with interest the establishment in 2006 of a National Steering Committee (NSC) on migrant domestic workers which has set up three working groups respectively on: (1) labour laws; (2) a unified rights-based contract for migrant domestic workers; and (3) an information booklet on rights and obligations of employers and workers. The Committee notes that a comprehensive bill on migrant domestic workers is being prepared and that a preliminary draft of a unified contract for domestic workers has been developed. The Committee hopes that the draft legislation and unified contract will take into account the principles of the Convention and establish protection and standards concerning issues such as discrimination, wages, working hours, night work, leave and maternity leave, termination and dispute settlement. The Committee asks the Government to provide information on the following: (1) progress made with respect to the adoption of the bill and the unified contract for migrant domestic workers; (2) the progress made in the adoption and implementation of a national action plan on domestic workers; and (3) any other action taken or envisaged to improve the employment status and the rights of migrant domestic workers and protect them against discrimination in employment.

8. Parts II and IV of the report form. The Committee notes the Government’s statement that no decisions have been handed down regarding employment discrimination. The Committee recalls the important role of the judiciary and of the labour inspectorate in enforcing the principle of equality of opportunity and treatment in employment and occupation. The Committee asks the Government to make an effort to collect and provide information on judicial and administrative decisions, as well as the activities of the labour inspectorate in its next report.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

Article 1(1)(a) of the Convention. Legislative prohibition of discrimination in employment and occupation. For a number of years, the Committee has been following the efforts of the Government to update and amend its Labour Law in line with international labour standards and, in particular, with Convention No. 111. Time and again, it has been encouraging the Government to take this opportunity to introduce a comprehensive prohibition of discrimination in employment and occupation based on all the grounds set out in Article 1(1)(a) of the Convention. The Committee now notes that section 1 of the most recent version of the draft Labour Law defines a “wage earner” as “every man, woman or young person … without any discrimination whatsoever as to race, colour, religion, sex, political opinion, national or social origin, or discrimination that would lead to repealing or weakening the implementation of equal opportunities or treatment in employment and occupation”. Section 35 of the draft Law states that “female workers shall be subject to all legal provisions governing work without gender-based discrimination or distinction in the same job”. While sections 1 and 35 provide that provisions of the Labour Law must be applied to every wage earner without distinction, the Committee considers nevertheless that they fall short of prohibiting discrimination in employment and occupation as defined in the Convention. Moreover, the Committee notes with regret that section 26 of the existing Labour Law (as amended in 2000), which prohibits discrimination between men and women in employment, remuneration, promotion and vocational training, has not been carried over into the new draft Law, which constitutes a step backwards in the application of the Convention. The Committee therefore urges the Government to use this process of amendment to introduce in the new Labour Law an explicit prohibition of direct and indirect discrimination based on all the grounds listed in the Convention and in respect of all aspects of employment.

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

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

1. Article 1 of the Convention. Legal prohibition of discrimination. With reference to its previous comments, the Committee notes that the new Labour Code has not yet been adopted. It further notes the Government’s explanations that section 26 of the Labour Code (as amended in 2000) prohibits discrimination between men and women workers with respect to employment, remuneration, promotion and vocational training. Section 26, however, does not prohibit sex-based discrimination with respect to particular occupations. The Government further indicates that the draft legislation amending the Labour Code defines "a worker" as "every man, woman or minor who works for an employer against remuneration without distinction based on race, colour, religion, sex, political opinion, national extraction and social origin". While these provisions are a step towards greater protection against discrimination, the Committee considers nevertheless that greater conformity with the Convention would be achieved if the new Labour Code would include a provision explicitly prohibiting discrimination in employment and occupation based on all the grounds set forth in the Convention and which would also prohibit discrimination with respect to particular occupations. It therefore hopes that the Government will consider revising the Labour Code accordingly, and asks the Government to keep it informed on the progress made regarding its adoption.

2. Sexual harassment. The Committee notes the Government’s response with respect to its general observation on sexual harassment, in particular the information on the provisions in the Labour Code protecting workers against sex discrimination and acts of violence or contrary to public decency, and the provisions in the Penal Code concerning the offences against civil rights and obligations, crimes against public decency, incitation to immorality, outrage to public morals and decency, and threats. The Committee asks the Government if it has any intention of prohibiting sexual harassment (both quid pro quo and hostile working environment) in employment more explicitly in the law or in a policy, in line with its 2002 general observation (which is attached for ease of reference). Please also keep the Committee informed of any complaints received by the labour inspection services and of relevant court decisions on this issue. In addition, the Committee takes note of the Government’s suggestion that the Office should make every effort to encourage cooperation from the social partners to address sexual harassment through collective agreements and national policy, and hopes that the Office will be able to provide such assistance in the near future.

3. Discrimination on the basis of religion in the public service. With respect to the Committee’s previous requests to provide information on the application in practice of the amended constitutional provision that abolished the rule of equal representation of religions in the public service, the Committee notes the Government’s statement that competitions for nominations in the public service are being organized pursuant to section 54 of Act No. 583 of 23 April 2004. It requests the Government to provide the text of this provision and to indicate the number of men and women nominated following such competitions, and their respective religions. However, the Committee regrets to note that once again no information on the composition of staff in the public service has been provided. It emphasizes that statistical information is essential to the evaluation of inequalities in the labour market, including the public service, and the development of strategies to address them. It therefore urges the Government to provide, in its next report, all the information available that would permit such an evaluation for the public service, and to take the necessary measures to compile the requested statistical information on the composition of the public service, disaggregated by sex and religion. Please also keep the Committee informed of any decision taken to abolish the rule of equal representation of religions for the top positions.

4. Articles 2 and 3. Access of women to employment and vocational training. With reference to its previous comments, the Committee notes that the Government’s report has omitted to provide information on measures taken or envisaged, including any positive action programmes, to correct de facto inequalities between men and women in employment and occupation, and the results achieved. It trusts that the Government will include the information requested in its next report, as well as information on any educational and awareness-raising programmes to secure the acceptance and observance of the principle set forth in the Convention. In addition, the Committee notes that section 35 of the draft Labour Code allows the Minister of Labour to restrict the access of women to jobs that are considered arduous, dangerous or harmful to them. It invites the Government to take account of the ILO resolution of 1985 on equality of opportunity and treatment between men and women in employment during the revision process.

5. Equality of treatment with respect to social security and employment-based benefits. With reference to its previous comments, the Committee notes with interest Act No. 483 of 12 December 2002 amending section 14 of the Social Security Act explicitly providing that the definition of "insured person" covers both women and men, without discrimination. For its comments on employment-based benefits, such as family allowance, the Committee refers to its comments on Convention No. 100.

6. Migrant workers. The Committee notes the Government’s explanation that the Minister of Labour determines the types of jobs and occupations that should be reserved for Lebanese nationals, and asks the Government to provide the list of these jobs and occupations in its next report. The Committee also notes the Government’s statement that the Labour Code does not make any distinction between nationals and non-nationals with respect to, inter alia, remuneration and conditions of work. It notes that, with respect to foreign domestic workers, Decision 70/1 of 17 July 2003 concerning the placement agencies for domestic workers aims to ensure the protection of their rights and prevent their maltreatment, subject to punishment and annulment of the agency’s licence. The Committee asks the Government to provide a copy of this Decision, as well as information on its practical application. Recalling further its comments made in point 1 of this direct request and in the absence of any provision in the Labour Code explicitly prohibiting discrimination on the basis of all grounds set forth in the Convention, the Committee must reiterate its requests to the Government to indicate the measures taken to protect both male and female migrant workers, in practice, against discrimination based on race, colour, sex, national extraction, religion and political opinion, in employment and occupation.

7. Parts III and IV of the report form. Please provide copies of any decision by the courts, Arbitration Commission or other bodies concerning the application of the Convention, as well as extracts of labour inspection reports.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information contained in the Government’s report. It requests the Government to provide further information in its next report on the following points.

1. The Committee notes that the draft Labour Code, in its section 26, prohibits any discrimination on employment and occupation on all the grounds set forth in Article 1(1)(a) of the Convention. It further notes that a tripartite commission has been established in order to revise the draft Code and that it will take into consideration the Protocol of 1990 to the Night Work (Women) Convention in drafting less restrictive provisions on night work for women. The Committee invites the Government to take into account also the 1985 ILO resolution on equal opportunities and equal treatment for men and women in employment and asks the Government to continue to provide information on the progress made in the adoption of the new Labour Code.

2. The Committee notes in the statistical data provided in the Government’s report that women’s participation in the labour market increased from 27.8 per cent in 1997 to 35.4 per cent in 2000. It also notes the Government’s statement that, in certain limited domains, preference is accorded to men to the prejudice of women, "because of a certain mentality". It further notes the Government’s statement that the National Agency for Employment ensures training programmes to both men and women without discrimination. Noting that women’s participation in employment and occupation and training is still weak, that job segregation between men and women persists and that attitudes may reflect stereotypes and negative images of women in the labour market, the Committee invites the Government to consider the possibility of undertaking positive action programmes with the aim of correcting de facto inequalities, given that the legal prohibition of discrimination is not sufficient to eliminate discrimination or achieve equality in actual practice. Therefore, the Committee asks the Government to provide information on the measures that have been envisaged or taken in this regard. It would further appreciate receiving information on the educational and awareness-raising programmes set up in order to secure the acceptance and observance of the principle set forth in the Convention. It finally asks the Government to continue to supply statistical data disaggregated by sex on the labour market, by different sectors of activities, occupations and levels of responsibility.

3. The Committee once again notes that the Government did not provide information on the application in practice of the amended constitutional provision that abolished the rule of equal representation of religions in the civil service and that statistical data on the composition of the staff in the public service again are not available. It further notes that the system of confessionalism has not been abolished for first-category posts or those at the highest levels. The Committee once again urges the Government to supply information on the implementation of the new system based on competence and qualification and to supply data on the composition of the public service, disaggregated by sex and religion. It further asks the Government to indicate whether it envisages abolishing the rule of equal representation of religions for the top positions as well.

4. The Committee notes that the Government’s report indicates that women workers are entitled in the same way as male workers to receive family allowances, provided that the husband and father of her children does not already receive the same benefits, and that if it is found after a "social investigation" by the fund that her children live with her and she pays for their expenses. The Committee also notes that a new law is being drafted and will establish equality between men and women in the granting of medical care benefits in case of maternity, for the woman herself and the members of the family for whom she is responsible. Nevertheless, noting that the Government did not reply to its previous comments, the Committee must ask again for information on the meaning of "condition of subordination" that women and children must meet in order to receive family allowances. It hopes the new legislation will provide for full equality between men and women in eligibility and payment of employment-based family allowances and benefits. Finally, with a view to achieving greater conformity with this Convention, the Committee wishes to reiterate its initial suggestion that, in order to avoid duplicating the payment of family allowances to the same household, it would be more appropriate to allow couples who are so entitled to choose which of them should receive the family allowances, rather than starting from the principle that they should systematically be paid to the father and, in exceptional cases, to the mother if she can demonstrate that she is bringing up her children alone.

5. The Committee notes the Government’s statement that migrant workers are not discriminated in the labour market. However, it also notes from information in the Government’s report that "in certain cases preferences may be given to the prejudice of certain groups, such as disabled persons and migrant workers". The Committee urges the Government to supply specific information on the cases in which preferences may be accorded to the prejudice to the abovementioned groups. The Committee also requests the Government to indicate whether specific protection on the grounds of sex, race, colour, religion political opinion and national extraction for foreign and migrant workers is provided in the draft Labour Code. It also asks the Government to indicate how protection is afforded in practice, recalling that although the legal context is important, it does not in itself suffice to dispel discrimination in fact as certain forms of discrimination stem from behaviour, attitudes or the display of prejudice which can be eliminated only by the adoption of positive measures, awareness-raising and other promotional measures.

6. The Committee asks the Government to provide a copy of any decision by the courts, the Arbitrage Commission or other bodies concerning the application of the Convention, as well as extracts of labour inspections reports.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the Government’s report and the many annexes attached.

1.  The Committee notes that the process of updating the Labour Code is still under way and that, according to the Government, the future section 26 should formally establish the prohibition of any discrimination in employment and occupation on the grounds of sex, race, religion, political opinion, national extraction or social origin. The Committee recalls that, when provisions are adopted to give effect to the principles set out in the Convention, these should include all the criteria set out in Article 1, paragraph 1(a), of the Convention. It therefore trusts that in the final version the criterion of colour will also be included among the prohibited criteria of discrimination in the future section 26 of the Labour Code. In the absence of an explicit reference to colour in the legislative provisions respecting equality of opportunity and treatment, the Committee would be grateful to be provided with information on the measures taken to ensure the elimination of discrimination on grounds of colour. It would be grateful if the Government would keep it informed of the progress made in the revision of the Lebanese Labour Code.

2.  The Committee notes the statistical studies undertaken by the National Employment Agency, with the assistance of the ILO, and particularly the data disaggregated by sex. In the light of these data, it appears that women workers in Lebanon are the victims of a certain level of discrimination on the labour market with regard to access to vocational training and employment, as well as in their terms and conditions of employment: 61.4 per cent of women who enter the labour market are low-skilled or unskilled; the remuneration rate of women is on average 27 per cent lower than that of men; only 28.6 per cent of women workers achieve seniority of over 15 years (women tend to withdraw from the labour market after a few years to bring up their children); and men are recruited to fill 53.9 per cent of vacancies. Noting that, irrespective of their age, marital status, educational level or the sector concerned, there are always more men than women in employment or seeking employment, the Committee deduces that the general level of participation of women in the labour market remains markedly lower than that of men, even though it notes a positive development in the younger generation. However, if the unemployed population is examined in greater detail, it appears that women are entering the labour market in increasingly greater numbers, since the number of women seeking their first job is systematically higher than the number of men. Noting that employment offices are entrusted, among other matters, with organizing vocational training activities for jobseekers, the Committee would be grateful if the Government would provide information on the measures which have been taken or are envisaged to ensure that these vocational training and guidance activities are in practice devoid of discrimination on grounds of sex, as well as race, colour, religion, political opinion and social origin of jobseekers. Please provide information on any other measures taken to promote the access of women to employment and to assist them in reconciling their work and family responsibilities.

3.  Article 3(d) of the Convention.  The Committee once again notes the wording of article 95(b) of the Lebanese Constitution, which is intended to achieve the progressive elimination of the so-called political system of "political confessionalism" (which involves political and administrative jobs being distributed equally between the various communities). It notes the Government’s statement regarding the disadvantages of the provision; namely that it leaves no place for persons who do not wish to put forward their ethnic extraction or origin or their religious faith in order to participate in political life. The Committee notes that, since the elimination of confessionalism is progressive, the first-category posts or those at the highest levels, remain subject to the rule of strict equality between confessions, but that competence and qualifications are taken into account, since it is envisaged that at least two-thirds of the positions in this category are to be filled through the promotion of persons from the second category, and a maximum of one-third by external candidates. These candidates must have a university degree and obtain the prior approval of the Civil Service Council. The Committee notes that it is envisaged that the rule of confessionalism in the public service will be totally abolished over time, but that the achievement of this objective is encountering many difficulties since, despite the disadvantages of the system, it is still seen by many as a means of ensuring civil peace between the Lebanese. The Committee therefore requests the Government to provide information on the application of the amended provision in practice. Noting that the Government has not provided information on the composition of the staff of the public service, disaggregated by sex and by religion (religious faith appears on the national identity card), it trusts that this information will be included in the Government’s next report. The Committee would also be grateful if the Government would inform it whether "confessionalism in relation to personal status" (confessionalism as to "personal status" means that everything affecting the family (marriage, separation and divorce) - and, to some extent, successions - comes under the laws drawn up by the various communities under the authority of the State) has an impact on the vocational guidance of women, their access to employment and their career prospects.

4.  The Committee takes due note of the detailed explanations provided by the Government on the payment of family allowances in cases where both the man and the woman may be entitled to them. According to the Government, women workers are entitled, in the same way as male workers, to receive family allowances, provided that they and their children meet the conditions of subordination and eligibility. In practice, an insured woman may receive family allowances if the father of her children and/or her husband does not already receive the same benefits, and if it is found after a "social investigation" by the fund that her children live with her or she pays their expenses or she participates in the maintenance costs of the children. The Committee would be grateful to be informed of the meaning of the term "conditions of subordination" which must be met by insured persons. It would also be grateful if the Government would indicate whether the requirements placed upon insured women, as described above, are exactly the same as those placed on insured men, particularly with regard to the "social investigation". Finally, with a view to achieving greater conformity with this Convention, the Committee wishes to reiterate its initial suggestion that, in order to avoid duplicating the payment of family allowances to the same household, it would be more appropriate to allow couples who are so entitled to choose which of them should receive the family allowances, rather than starting from the principle that they should systematically be paid to the father and, in exceptional cases, to the mother if she can demonstrate that she is bringing up her children alone.

5.  The Committee would be grateful if the Government would indicate the manner in which protection is ensured for migrant workers against discrimination in employment and occupation on the grounds of sex, race, colour, religion or national extraction, and if it would provide a copy of any decision by the courts or other bodies concerning the application of the Convention on this point. In this respect, the Committee notes that the copy of the decision by the arbitration commission on labour matters concerning discrimination on grounds of sex, attached to the Government’s report, proved to be illegible. The Committee would therefore be grateful if the Government would provide a new copy of the above decision (typewritten if possible).

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

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.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

With regard to its previous request for the text of the 1959 Legislative Decree prohibiting public officials from engaging in politics and from joining political parties, the Committee notes with interest from the Government's report that the Decree concerning the Civil Service Regulations has been amended by Act No. 144 of 6 May 1992 so as to authorize implicitly civil servants to join political or politically oriented religious parties and associations, provided that they refrain totally from undertaking any task or responsibility in the framework of such bodies to which they adhere (article 14(5) of the Regulations). The Committee also notes the information and texts supplied by the Government concerning appeals procedures relevant to Article 4 of the Convention.

1. The Committee also notes with interest the Government's statement that the commission responsible for updating the Labour Code has taken into account the provisions of ratified Conventions and is in the process of finalizing this revision. The Committee asks the Government to inform it, in its next report, of progress in the adoption of the revised Code, and to supply a copy of the new Code's provisions on equality in employment and occupation irrespective of race, colour, sex, religion, political opinion, national extraction and social origin, once adopted.

2. With regard to the Committee's request for information on the manner in which labour arbitration councils and legal and administrative committees handle equality issues in employment cases as part the measures to apply Article 3 of the Convention, the Committee notes the Government's statement that the labour courts, labour councils and other competent authorities deal with violations of the law in this domain in accordance with the legal texts which prohibit discrimination in employment. However, as previously noted by the Committee, apart from article 7 of the Constitution, there appeared to be no specific prohibition of discrimination in employment in the law. Now that the Government has confirmed that the revision of the Labour Code intends to give effect to ratified Conventions, including this Convention, the Committee trusts that the next Government report will be able to provide details of the actual operation of enforcement and supervisory bodies regarding complaints concerning equal access to training, to employment and terms and conditions of employment on all the grounds listed in the Convention.

3. With regard to article 95 of the Constitution which was amended by the Constitutional Act of 1990 in order to abolish the rule of equal representation of religious faiths in the civil service, except for certain high-level positions, the Committee notes the Government's statement that it is trying to apply the amended provision. The Committee would appreciate receiving, in the next report, statistical data showing the distribution of civil service posts by religion so that it can assess the implementation of the amended provision in practice. In this connection, it notes the Government's explanation of the role and activities of the National Employment Agency, which is currently being reorganized. The Committee asks the Government to supply information on the application of the principle of equal access to training and to employment in the private sector by the Agency, as well as any role it may play in securing candidates for public sector jobs without discrimination.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes with interest the information supplied by the Government in its report in reply to certain points which were raised in its previous direct requests.

1. Nevertheless, the Committee notes that, according to the Government, in view of the situation of instability experienced by the country for over 15 years, the international labour Conventions which have been ratified have not yet been published or implemented in practice. Noting that the Government is in the process of having them published, the Committee requests it to keep it informed of the work of the special commission established to examine the legislative measures needed to give effect to these Conventions. In this context, the Committee welcomes the Government's statement that, within the framework of technical cooperation programmes with the International Labour Organization, the question of the modernization of the Lebanese Labour Code will be raised in the light of modern legal provisions relating to labour and workers, including the provisions of the international labour Conventions ratified by the Lebanese authorities. The Committee requests the Government to keep it informed of any effect given to the possibility of a re-examination of the Labour Code, particularly in the light of the Government's statement that it would examine the measures to be taken in order to eliminate any legislative or other provisions and any administrative practices which were discriminatory, within the framework of the modernization of Lebanese legislation.

2. Articles 1 and 2 of the Convention. The Committee notes that the Government refers once again to section 7 of the Constitution and states that there are no provisions in Lebanese legislation which are discriminatory on the basis of sex, colour, religion or political opinion. As there appear to be no constitutional or legislative provisions specifically prohibiting discrimination based on sex and political opinion, the Committee would be grateful if the Government could indicate the specific measures which are taken to eliminate discrimination based on these grounds in respect of employment and occupation, such as education and information campaigns and vocational guidance programmes.

3. The Committee would be grateful if the Government would supply the text of Legislative Decree No. 112 of 12 June 1959 under which it is prohibited for public officials to engage in politics or become members of a political party. The Committee reminds the Government that, in its 1988 General Survey on Equality in Employment and Occupation, it admitted that restrictions may be imposed on public servants in certain higher posts in so far as they are justified to maintain the reputation of the public service for political impartiality and do not lead in practice to discrimination on the basis of political opinion for the categories of workers concerned (paragraph 61). It therefore considers that, although "it may be admissible" under Article 1, paragraph 2, of the Convention, "in the case of certain higher posts which are directly concerned with implementing government policy, for the responsible authorities to bear in mind the political opinions of those concerned, the same is not true when conditions of a political nature are laid down for all kinds of public employment in general". In this case, the Committee requests the Government to keep it informed of the progress made in relation to the draft legislation to "authorize the members of political parties to be employed in the public service on condition that they exercise no party activities from the time that they are appointed to first category positions, out of concern for public order", to which reference is made in the report.

4. Article 3. The Committee notes that the organizations of employers and workers collaborate in the application of the provisions of the Convention through their presence on labour arbitration councils and legal and administrative committees. The Committee would be grateful if the Government would indicate in its next report the manner in which these councils and committees deal specifically with matters relating to equality of treatment and, if possible, if it would supply examples of cases relating to equality of treatment which have been resolved by such councils or committees.

5. The Committee notes that article 95 of the Constitution was amended by the constitutional Act adopted on 21 September 1990. It notes that the rule for the equitable representation of religious faiths has been abolished, except for first category and equivalent positions. It notes that the Government states that this exception has been maintained as a transitional measure and will disappear. The Committee would also be grateful if the Government would supply information on the manner in which article 95 is applied and on progress achieved in the work of definitively abolishing this rule.

6. The Committee notes that the Government only provides a general description of the functioning of employment services, and emphasizes that no distinction exists between Lebanese citizens. The Committee requests the Government to provide more detailed information (legal texts, statistics, etc.) on the manner in which both public and private employment services give effect to the policy set out in Article 2 of the Convention and the means available to these services, as well as the methods that they use, to ensure that the policy is respected. It requests the Government to keep it informed of any new functions entrusted to these services following the publication of the Convention and the adoption of measures to apply it.

7. Article 4. The Committee would be grateful if the Government would supply in its next report legislative texts: (i) respecting the procedure for controlling the preparation of criminal acts against the security of the State by the services of the Ministry of the Interior and for appeals to be made in this respect; (ii) and those under which "persons who have committed certain illegal acts cannot be employed in the public service before the criminal act is expunged from their judicial file by prescription", as well as any other information which is available in this respect.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

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. Articles 1 and 2 of the Convention. The Committee notes the information supplied by the Government in its first report on this Convention and in the reports submitted to the United Nations under Article 9 of the International Convention on the Elimination of All Forms of Racial Discrimination. The Committee would be grateful if the Government would supply, in accordance with the report form for Convention No. 111, more detailed information on the actual measures taken to promote equality of access to vocational training and to various levels of employment.

2. Having noted that there appear to be no constitutional or legislative provisions proscribing, specifically, discrimination based on sex and political opinion, the Committee would appreciate it if the Government could indicate what measures are taken to eliminate discrimination based on these grounds with respect to employment and occupation (as defined in Article 1.3 of the Convention).

3. Article 3. The Committee notes that ratification of the Convention has given it the force of law and that other legislative and practical measures have also been taken which apply the provisions of the Convention. The Committee would ask the Government to indicate, in accordance with the report form, the measures taken to obtain the cooperation of employers' and workers' organizations and other appropriate bodies and describe the form taken in any such cooperation.

4. The Committee would ask the Government to indicate whether there exist any procedures under which persons who consider themselves to have been victims of discriminatory practices in employment and occupation may have recourse.

5. The Committee would ask the Government to indicate whether any measures have been taken or are contemplated to eliminate any statutory or other provisions or administrative practices which might be found inconsistent with the implementation of the Convention.

6. The Committee notes that article 12 of the Constitution of Lebanon guarantees all citizens the right to hold public office and that, as a provisional measure, article 95 of the Constitution provides for members of the various religious sects to be represented equitably in public employment. The Committee would be grateful if the Government would supply information on the manner in which article 95 has been applied.

7. Having also noted that the provisions of the International Convention on the Elimination of All Forms of Racial Discrimination have had legislative force in Lebanon since 1971, the Committee would ask the Government to supply information on the results achieved as concerns employment and occupation since 1971.

8. The Committee would also ask the Government to supply particulars of the manner in which any placement services under the direction of the national authority ensure observance of the policy mentioned in Article 2, and of the means available to these services and to those who use them to ensure such observance.

9. Article 4. The Committee would be grateful if the Government would indicate any legislative or administrative measures and national practice which might affect the employment or occupation of persons suspected of, or engaged in activities prejudicial to the security of the State, and give particulars of the right of appeal available to the persons concerned.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

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:

Articles 1 and 2 of the Convention.

1. The Committee notes the information supplied by the Government in its first report on this Convention and in the reports submitted to the United Nations under Article 9 of the International Convention on the Elimination of All Forms of Racial Discrimination. The Committee would be grateful if the Government would supply, in accordance with the report form for Convention No. 111, more detailed information on the actual measures taken to promote equality of access to vocational training and to various levels of employment.

2. Having noted that there appear to be no constitutional or legislative provisions proscribing, specifically, discrimination based on sex and political opinion, the Committee would appreciate it if the Government could indicate what measures are taken to eliminate discrimination based on these grounds with respect to employment and occupation (as defined in Article 1.3 of the Convention).

Article 3

3. The Committee notes that ratification of the Convention has given it the force of law and that other legislative and practical measures have also been taken which apply the provisions of the Convention. The Committee would ask the Government to indicate, in accordance with the report form, the measures taken to obtain the co-operation of employers' and workers' organisations and other appropriate bodies and describe the form taken in any such co-operation.

4. The Committee would ask the Government to indicate whether there exist any procedures under which persons who consider themselves to have been victims of discriminatory practices in employment and occupation may have recourse.

5. The Committee would ask the Government to indicate whether any measures have been taken or are contemplated to eliminate any statutory or other provisions or administrative practices which might be found inconsistent with the implementation of the Convention.

6. The Committee notes that article 12 of the Constitution of Lebanon guarantees all citizens the right to hold public office and that, as a provisional measure, article 95 of the Constitution provides for members of the various religious sects to be represented equitably in public employment. The Committee would be grateful if the Government would supply information on the manner in which article 95 has been applied.

7. Having also noted that the provisions of the International Convention on the Elimination of All Forms of Racial Discrimination have had legislative force in Lebanon since 1971, the Committee would ask the Government to supply information on the results achieved as concerns employment and occupation since 1971.

8. The Committee would also ask the Government to supply particulars of the manner in which any placement services under the direction of the national authority ensure observance of the policy mentioned in Article 2, and of the means available to these services and to those who use them to ensure such observance.

Article 4

9. The Committee would be grateful if the Government would indicate any legislative or administrative measures and national practice which might affect the employment or occupation of persons suspected of, or engaged in activities prejudicial to the security of the State, and give particulars of the right of appeal available to the persons concerned.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

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:

Articles 1 and 2 of the Convention.

1. The Committee notes the information supplied by the Government in its first report on this Convention and in the reports submitted to the United Nations under Article 9 of the International Convention on the Elimination of All Forms of Racial Discrimination. The Committee would be grateful if the Government would supply, in accordance with the report form for Convention No. 111, more detailed information on the actual measures taken to promote equality of access to vocational training and to various levels of employment.

2. Having noted that there appear to be no constitutional or legislative provisions proscribing, specifically, discrimination based on sex and political opinion, the Committee would appreciate it if the Government could indicate what measures are taken to eliminate discrimination based on these grounds with respect to employment and occupation (as defined in Article 1.3 of the Convention).

Article 3

3. The Committee notes that ratification of the Convention has given it the force of law and that other legislative and practical measures have also been taken which apply the provisions of the Convention. The Committee would ask the Government to indicate, in accordance with the report form, the measures taken to obtain the co-operation of employers' and workers' organisations and other appropriate bodies and describe the form taken in any such co-operation.

4. The Committee would ask the Government to indicate whether there exist any procedures under which persons who consider themselves to have been victims of discriminatory practices in employment and occupation may have recourse.

5. The Committee would ask the Government to indicate whether any measures have been taken or are contemplated to eliminate any statutory or other provisions or administrative practices which might be found inconsistent with the implementation of the Convention.

6. The Committee notes that article 12 of the Constitution of Lebanon guarantees all citizens the right to hold public office and that, as a provisional measure, article 95 of the Constitution provides for members of the various religious sects to be represented equitably in public employment. The Committee would be grateful if the Government would supply information on the manner in which article 95 has been applied.

7. Having also noted that the provisions of the International Convention on the Elimination of All Forms of Racial Discrimination have had legislative force in Lebanon since 1971, the Committee would ask the Government to supply information on the results achieved as concerns employment and occupation since 1971.

8. The Committee would also ask the Government to supply particulars of the manner in which any placement services under the direction of the national authority ensure observance of the policy mentioned in Article 2, and of the means available to these services and to those who use them to ensure such observance.

Article 4

9. The Committee would be grateful if the Government would indicate any legislative or administrative measures and national practice which might affect the employment or occupation of persons suspected of, or engaged in activities prejudicial to the security of the State, and give particulars of the right of appeal available to the persons concerned.